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Ordinance 2011-23 ~,i1314 750 /0"" h I.c)"'- ~ "'~d;) l \t~~, \ ~~\.. ~'U ~ cl) J tJ ('\ tv ~ ~Cd \<:0 . ~~ 'C:' 6c 87, L1/!J'C ORDINANCE NO. 11--.lL AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, -i ,'-'> WHICH ESTABLISHED THE COMPREHENSIVE ZONING;::: ~ REGULATIONS FOR THE UNINCORPORATED AREA OF~? <-- c:: COLLIER COUNTY, FLORIDA, BY AMENDING THE :::-:-. I APPROPRIATE ZONING ATLAS MAP OR MAPS BY t':;t ~ CHANGING THE ZONING CLASSIFICATION OF THE ~-::';:. -0 HEREIN DESCRIBED REAL PROPERTY FROM THE -0'1 :Jl;; r- ESTATES (E) ZONING DISTRICT TO A COMMUNITY 0.-:,(. (.c) :;::-J--' C) FACILITIES PLANNED UNIT DEVELOPMENT (CFPUD) ,y.: ""'~~ rfi ()-\ ZONING DISTRICT FOR THE PROJECT KNOWN AS Y' EMMANUEL EVANGELICAL LUTHERAN CHURCH OF NAPLES, INC. CFPUD, TO ALLOW 90,000 SQUARE FEET OF USES TO INCLUDE WORSHIP/CHURCH AND RELATED SOCIAL SERVICES, A 300 PERSON CHILD AND ADULT DA Y CARE FACILITY, JOB TRAINING AND VOCATIONAL REHABILIT A TION, A 450 PERSON PRIVATE SCHOOL; OR, IN THE ALTERNATIVE, DEVELOPMENT OF SINGLE F AMIL Y RESIDENTIAL DWELLING UNITS, LOCATED ON THE SOUTH SIDE OF OIL WELL ROAD, IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 21.72+/- ACRES SUBJECT TO CONDITIONS; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard D. Y ovanovich, Esquire of Coleman Y ovanovich & Koester, P.A. and Robert L. Duane, of Hole Montes, Inc., representing Emmanuel Evangelical Lutheran Church of Naples, Inc., 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, that: SECTION ONE: The zoning classification of the real property more particularly described in Exhibit 0, attached hereto and incorporated herein by reference, located in Section 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from the Estates (E) Zoning District to a Community Facilities Planned Unit Development (CFPUD) Zoning District for a 2 I. 72+/- acre Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Revised 6/24/11 Page I of2 " ..- :r-- ") .,. '~"'1 .1" . .i · ;-'1 '.....,I project known as Emmanuel Evangelical Lutheran Church of Naples, Inc. CFPUD, subject to compliance with Exhibits A through F, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. 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 /). y+Jx day of TuJU.., ,2011. ATTEST:.? 1 ~D . DWIGItl)E.'~BRO~t',~LERK " .10"'~ ~\"'''~ ~ . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: F~O~E'~ By: C . '. ," Clerk ~, '" '-:- ..... .~... / Approved as to form and legal sufficiency: ~ 7.WYl' Steven T. Williams Assistant County Attorney Attachments: Exhibit A - Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit 0 - Legal Description Exhibit E - Deviations from the LDC Exhibit F - Development Commitments '."."" C P' I o-c PS-O] 040\41 ~'nance liteC! wit" tr;e ~Sfftary of 's Off~.tb~ Clay of I~ and ocknowledgem that fi/' ce'ved day o Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Revised 6/24/ II Page 2 of2 EXHIBIT "A" LIST OF PERMITTED USES EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD No building 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: No building or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. Churches and Places of Worship 2. Child Care Services Not for profit and operated with a church or place of worship permitted in this CFPUD 3. Private Schools Not for profit and operated with a church or place of worship permitted in this CFPUD (except boarding schools, and military academies), 4, Social Services, individual and family (activity centers, elderly or handicapped only; day care centers, adult and handicapped only); must be not for profit and operated with a church or place of worship permitted in this CFPUD. 5, Job training and vocational rehabilitation services not for profit and operated with a church or place of worship permitted in this CFPUD, Vocational rehabilitation services shall not include uses such as outboard or diesel engine repair that could emit noise beyond the boundaries of the subject property. 6. Medical outreach to the community, to include activities such as administering influenza vaccine, checking blood pressure and conducting blood donation drives not for profit and operated with a church or place of worship permitted in this CFPUD. 7, Single family residential dwellings as an alternative to non- residential uses permitted in this CFPUD. (Also see Exhibit B _ Development Intensity) 8. Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC), however, soup kitchens and homeless shelters are prohibited. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised: 04-25-11 SIC GROUP 8661 8351 8351 8211 8243 8244 8299 8322 8331 Page I of 10 B. Accessorv Uses: Accessory uses customarily associated with Permitted Principal Uses including but not limited to: 1, Recreational facilities including outdoor play areas and athletic field, administration offices and facilities, and youth recreation centers indoor to support church uses. 2. Water and wastewater facilities for serving this CFPUD only. 3. Garden Plots, limited to an accessory use to the Churches and Places of Worship, SIC 8661. Garden Plots shall be allowed on an interim basis prior to the construction of the Churches and Places of Worship. Garden Plots are also an allowable Accessory Use after the construction of Churches and Places of Worship, 4. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). c. Preserve Area Uses: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for the preserve area depicted on the CFPUD Master Plan other than the following: 1, Passive recreation areas such as pervious nature trails or boardwalks are allowed in the preserve area, as long as any clearing required to facilitate these uses does not impact the minimum required area to be preserved. 2. Any other conservation related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised: 04-25-11 Page 2 of 10 EXHIBIT "B" DEVELOPMENT STANDARDS EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Development of the EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD shall be in accordance with the contents of this Ordinance and applicable sections of the 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, Where these regulations fail to provide developmental standards, then the provisions of the most similar district, the Community Facility District (CF) of the LDC shall apply. Table I below sets forth the development standards for land uses within the PUD. 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 SDP or subdivision plat. TABLE I COMMUNITY FACILITIES DEVELOPMENT STANDARDS A. PRINCIPAL STRUCTURES MINIMUM LOT AREA N/A MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA N/A PERIMETER SETBACKS 75 feet east property line 75 feet west and southwest property line 75 feet south property line 75 feet north property line MINIMUM FRONT YARD 25 feet MINIMUM SIDE YARD 25 feet or perimeter setback whichever is greater MINIMUM REAR YARD 25 feet or perimeter setback whichever is greater MINIMUM PRESERVE SETBACK 25 feet MINIMUM DISTANCE BETWEEN PRINCIPAL STRUCTURES ~ building zoned height (BH) Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised: 04-25-11 Pagc3 of 10 MAXIMUM BUILDING HEIGHT 2 stories not to exceed 30 feet zoned building height or 38 feet actual building height; however, the Worship Center shall not exceed a zoned height of 35 feet and an actual height of 42 feet. B. ACCESSORY STRUCTURES FRONT SETBACK 25 feet (see *Note 1) SIDE SETBACK 10 feet or perimeter setback whichever is greater REAR SETBACK 10 feet or perimeter setback whichever is greater PRESERVE SETBACK 10 feet or perimeter setback whichever is greater PERIMETER SETBACK 75 feet MINIMUM DISTANCE BETWEEN ACCESSORY STRUCTURES 10 feet MAXIMUM BUILDING HEIGHT NOT TO EXCEED 1 story, not to exceed 25 feet zoned building height and 30 feet actual BH *Note 1 Athletic field is permitted in setback area including portion of the existing lake as shown on CFPUD Master Plan; C. STANDARDS FOR RESIDENTIAL USE Residential uses in accordance with the Estates District if non-residential uses are not developed on the subject property. D. DEVELOPMENT INTENSITY 1. A maximum of 90,000 S.F. of total floor area is allowed in this Community Facilities PUD and the number of seats for the Worship Center shall not exceed 1,000 seats, 2, Maximum number of school students is 450. 3. Maximum number of Day Care Center participants is 300. 4. In lieu of permitted community facilities allowed by this CPUD, ten (10) single family dwelling units are permitted. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised: 04-25-11 Page 4 of 10 E. LANDSCAPING 1. Seventy five foot (75') wide buffer areas are required along the east, west and southwest property lines abutting residential development as shown on the CFPUD Master Plan, However, play fields are permitted in a portion of the 75 foot wide buffer area shown on the west and southwest property lines along with an existing lake, 2, A twenty five foot (20') wide Type "D" buffer is required along Oil Well Road and twenty-five foot (25') wide Type "B" buffers are required along the east, west and southwest south property lines as shown on the CFPUD Master Plan. F. LIGHTING (Per Policy 5.1.1 of the Golden Gate Master Plan set forth below): Consistent with public safety requirements, street, recreational and structure lighting shall be placed, constructed and maintained in such manner as to prevent or reduce light pollution. The following standards shall apply: a, If a streetlight or an area light is required, it shall be of the type specified to protect neighboring properties from direct glare. Area lighting shall be shielded such that direct rays do not pass property lines. Low-pressure sodium lamps are encouraged while halogen type lights are discouraged. 1. Where required, the street lamp shall be of the high pressure sodium type and have a "cobra head with flat bottom" style or be fully shielded so that light is directed only downward. Street lamps shall be mounted on a wood pole at a height and wattage recommended by the appropriate electric utility and as appropriate for a rural area. 2. Parking lot lamps shall be low-pressure sodium type lamps and shall be mounted so that they point downward without direct rays extending past the parking lot, building entrance, walkway, or other area intended to be illuminated. b, Where lighting of recreational areas is required, such lighting shall be mounted so as to focus illumination on the areas intended to be illuminated, and to limit the amount of light that extends outside of the intended area. c. All lighting associated with the Athletic field shall be turned off no later than 9:30 P.M. G. A THLETIC FIELD OPERATION 1. The Athletic Field shall only be permitted to be in use between the hours of 7:00 A.M. and 9:00 P.M. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised: 04-25-11 Page 5 of 10 H. GARDEN PLOTS 1. U-Pick or on-site sales of produce is prohibited. 2. The maximum area for the garden plots shall be limited to 10% of property or ::!:2 acres, 3. Garden plots shall be located outside the 75 foot perimeter setback areas, 4. Maximum number of automobiles shall be limited to ten at anyone time. 5. Access to garden plots and parking areas shall be a gravel surface. 6. Temporary sanitary facility to be provided, 7. A Site Improvement Plan shall be required to be approved by the County prior to the utilization of garden plots. 8. The development of garden plots shall not vest the property for PUD sunsetting purposes. I. WALLS 1. A six-foot high wall shall be constructed as shown on the CFPUD Master Plan adjacent to residential development. The wall shall be constructed prior to the utilization of the Athletic Field. Emmanuel Evangelical Lutheran Church PUDZ-PL2009.2496 Last revised: 04-25-11 Page 6 of]O II ---- I I, I' : I , r- :/: " " 1;1 1:1: f' ':1: " " ~: : 't , , , I 'I' i:L::) : k- .. I " ~r ,I:' I I I \: ! 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EXHIBIT "D" LEGAL DESCRIPTION EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Property Description: Tract 65A, the North 165 feet of Tracts 80 and 81, the South 165 feet of the North 330 feet of Tracts 80 and 81, the North 165 feet of the South 330 feet of Tracts 80 and 81, the South 165 feet of Tracts 80 and 81, and all of Tracts 80A, 81A, 96 and 96A, GOLDEN GATE ESTATES, UNIT NO. 64, according to the map or plat thereof as recorded in Plat Book 7, Page(s) 64, Public Records of Collier County, Florida. Emmanuel Evangelical Lutheran Church PUDZ.PL2009-24% Last revised: 04-25-11 Page 8 of 10 EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD Deviation No, 1 seeks relief from LDC Section 5.03.02. H., Fences and Walls to not require a fence or wall along the west, south, and east property lines outside the boundary of the Athletic Field. Walls will be provided adjacent to the Athletic Field as depicted on the CFPUD Master Plan. This Section of the LDC requires that whenever a non-residential development lies contiguous to or opposite a residentially zoned district, said non-residential development shall provide a masonry wall or precast concrete wall or fence. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised: 04-25- I I Page 9 of 10 EXHIBIT "F" DEVELOPMENT COMMITMENTS FOR THE PROJECT EMMANUEL EVANGELICAL LUTHERAN CHURCH COMMUNITY FACILITIES PUD 1. TRANSPORT A TION A. 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, B. The development within this project shall be limited to 666 unadjusted two-way, AM peak hour trips and/or 323 unadjusted two-way, PM peak hour trips; allowing for flexibility in the proposed uses without creating unforeseen impacts on the adjacent roadway network. For purposes of calculation of the weekday AM and PM peak hour trip generation for this PUD, the lesser of the weekday AM or PM peak hour trips as calculated in the Institute of Transportation Engineer's (ITE) Report, titled Trip Generation, 8th Edition or the trip generation as calculated in the then current ITE Trip Generation Report shall be utilized, C. A potential for interconnection with the residential properties to the west shall be provided if the subject property develops only with single family uses and the conditions for the use of the interconnection are acceptable to the developer and the residential properties to the west. If the subject property is developed without residential uses within four years of the date of adoption, then this commitment shall no longer be deemed applicable. 2. ENVIRONMENTAL A. Conservation/preservation areas comprising a minimum of 0.26 acres are shown on the CFPUD Master Plan that meets the minimum of 0.26x acres required to be preserved by the LDC. B. As part of the first development order application (SDP, Plat or other), the applicant shall provide an updated listed species survey to show the property's proximity to bear or panther habitat (primary or secondary) and indicate if any mitigation is required by the FWC/USFWS. If mitigation is required, the applicant shall coordinate said mitigation with County Environmental Staff members. Emmanuel Evangelical Lutheran Church PUDZ-PL2009-2496 Last revised: 04.25.11 Page 10 of JO STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2011-23 Which was adopted by the Board of County Commissioners on the 28th day of June I 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of June I 2011. DWIGHT E. BROCK Clerk of Co~rt-f? and Clerk ,._ Ex-officio ~oBoard of County Cqmmissi~~sS. iI,~,' . ... . -.... ~-\ ~ .' . . . . . . ,':~ f . ,- ~-' '. p . ' - /' '! .~\'i',\ : ~_ _ "~~;' ~"...i' ., 1: ~ -, -;. .. . ~~::~'.' ",::<: .:-~r- ~j , '. _ f- .- ''''ll,~~' +..... By: An n ohYl, - ;/' Deputy, Cl.e-ft.' , '.., 't ,-"" .f 'f:,,t :. .~ ;f'"