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Ordinance 2020-041 ORDINANCE NO. 20- 41 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, WHICH ESTABLISHED 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 AN ESTATES (E) ZONING DISTRICT TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS TEMPLE SHALOM COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT, TO ALLOW UP 22,000 SQUARE FEET OF CIVIC, SOCIAL AND RELIGIOUS ORGANIZATION (NON-SANCTUARY USES) ON TRACT 64 AND A 302 SEAT SANCTUARY, A CHILD CARE FACILITY FOR UP TO 200 CHILDREN AND RELATED USES ON TRACTS 65 AND 68, AND UP TO AN AGGREGATE MAXIMUM OF 50,000 SQUARE FEET ON TRACTS 65 AND 68. THE SUBJECT PROPERTY IS LOCATED AT 4630 PINE RIDGE ROAD APPROXIMATELY 4000 FEET WEST OF THE INTERSECTION OF PINE RIDGE ROAD AND COLLIER BOULEVARD, IN SECTION 15, TOWNSHIP 49 SOUTH, RANGE 26 EAST, CONSISTING OF 13.5± ACRES; PROVIDING FOR REPEAL OF RESOLUTION NOS. 89-213, 90-418, AND 93-290, RELATING TO A TEMPLE/CHURCH AND CHILD CARE USES, AND BY PROVIDING AN EFFECTIVE DATE. [PL20180003710] WHEREAS, Temple Shalom, Inc., represented by D. Wayne Arnold, AICP of Q. Grady Minor& Associates, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich& Koester, P.A., 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: [19-CPS-01922/1575098/1]111 Temple Shalom PUD/PL20180003710 Page 1 of 2 10/21/20 SECTION ONE: The zoning classification of the herein described real property located in Section 15, Township 49 South, Range 26 East, Collier County, Florida, is changed from an Estates (E) Zoning District to a Community Facility Planned Unit Development (CFPUD) Zoning District for a 13.53+/- acre parcel to be known as Temple Shalom Community Facility Planned Unit Development, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. 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: Resolution Nos. 89-213, 90-418 and 93-290 are hereby repealed. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2020-40 becomes effective. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 1 Clk day of INChie, 1Ia-t/' , 2020. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLE COLLIE OUNTY FL DA 0.,:avuAza.... By: A est as to Chairman's Deputy Clerk Burt L. Saunders, Chairman signature only. Appr ved as to form and legality: N .l. 4 Heidi Ashton-Cicko Managing Assistant County Attorney This ordinance filed with the Secs tary of $11ie,s O fits the Attachments: Exhibit A: Permitted Uses ond a ,n�wif „td, eyment that Exhibit B: Development Standards Exhibit C: Master Plan filing recet ived this a-- day Exhibit D: Legal Description °f Exhibit E: Requested Deviations from LDC Deputy Clerk Exhibit F: Developer Commitments [19-CPS-01922/1575098/1]111 Temple Shalom PUD/PL20180003710 Page 2 of 2 10/21/20 EXHIBIT A TEMPLE SHALOM CFPUD PERMITTED USES A maximum of 22,000 square feet of civic, social and religious organization (non-sanctuary) uses shall be permitted on Tract 64, and a 302-seat sanctuary and related church/religious facilities and 200 student pre- school uses shall be permitted within the CFPUD on Tracts 65 and 68. The building area for Tracts 65 and 68 shall be a maximum of 50,000 square feet. The uses are subject to the trip cap identified in Exhibit F,Section 4.a of this PUD. 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: COMMUNITY FACILITY A. Principal Uses: 1. Child day care/pre-school center(Tracts 65 and 68 only) (8351) 2. Civic, social and fraternal association (religious affiliated only) (8641) 3. Educational, religious or charitable trusts (6732) 4. Religious organizations, including churches,temples and other places of worship; (8661) religious instruction, religious philanthropic and religious organizations 5. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the BZA or the Hearing Examiner B. Accessory Uses: 1. Administrative offices 2. Indoor and outdoor recreational facilities including but not limited to fitness facilities, playgrounds, nature trails, and similar facilities. 3. Uses and structures that are accessory and incidental to the permitted uses within this CFPUD document. 4. Water management facilities to serve the project such as lakes. 5. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos, plazas and picnic areas. 6. Any other accessory and related use that is determined to be comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this CFPUD, as determined by the BZA or the Hearing Examiner. PL20180003710 Temple Shalom CFPUD Exhibits A-F-CCPC.docx October 1,2020 Page 1 of 10 C. Prohibited Uses: 1. Soup kitchens 2. Homeless shelters 3. Offender rehabilitation agencies 4. Public welfare offices 5. Self-help organizations for alcoholics 6. Refugee services D. Operational Standards: 1. No outdoor amplified music shall be permitted between 8:00 p.m.and 9 a.m. 2. Childcare hours of operation are 7:00 a.m.to 6:00 p.m., Monday through Friday. 3. Events on the outdoor patio for non-federation affiliated organization events on Tract 64 will be no more than 9 per year and no more than 90 minutes in length. The event must be affiliated with an indoor event. The outdoor use will be over by 8 pm and there will be no outdoor amplified sound after 7 pm.There will be only one outdoor event per day. PRESERVE A. Allowable Uses: 1. Preserve. B. Accessory Uses: 1. Uses subject to LDC section Allowable Uses within County required preserves PL20180003710 Temple Shalom CFPUD Exhibits A-F-CCPC.docx October 1,2020 Page 2 of 10 EXHIBIT B TEMPLE SHALOM CFPUD DEVELOPMENT STANDARDS Exhibit B sets forth the development standards for land uses within the Temple Shalom CFPUD. 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. PRINCIPAL USES ACCESSORY USES MINIMUM LOT AREA N/A N/A AVERAGE LOT WIDTH N/A N/A MINIMUM YARDS (External) From Pine Ridge Road ROW 75 ft. 75 ft. From Western PUD Boundary 100 ft. 50 ft. From Eastern PUD Boundary 30 ft. 30 ft. From Southern PUD Boundary 75 ft. 50 ft. (1) From Preserves 25 ft. 10 ft. MIN. DISTANCE BETWEEN STRUCTURES 20 ft. 10 ft. MAXIMUM HEIGHT Zoned 30 ft. 20 ft. Actual 40 ft. (2) 25 ft. MINIMUM FLOOR AREA N/A N/A MAXIMUM GROSS BUILDING AREA N/A Tract 64 22,000 sq. ft. Tracts 65 and 68 50,000 sq. ft. NOTES: (1) Except 40 ft. for the tarpaulin/shade cover over the outdoor play area, as depicted on the master plan. (2) Not to exceed a maximum of 2 stories. PL20180003710 Temple Shalom CFPUD Exhibits A-F-CCPC.docx October 1,2020 Page 3 of 10 Y1Y LS6 020Z/9Z/Z OMO'CA3i1-d7ry-9L-YN`J!f\SONVAY210\ZONd 0"Yd''' NOu.V0303]HSIM3f BL-YN`J3f\•JMNNo1d - f0i1d\`°MNNYldS3lu\IYDOI M90\\ N m = w N Q } w � U �T- � o z 2 a cc 12- LL II ;Q c z y - C$ � Hj 4 N WLL Z ��z—t N - . 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PL20180003710 Temple Shalom CFPUD Exhibits A-F-CCPC.docx October 1,2020 Page 6 of 10 EXHIBIT E TEMPLE SHALOM CFPUD DEVIATIONS FROM THE LDC DEVIATION 1: From LDC Section 4.05.02.B.1.a.iv., Off Street Parking and Loading, Design Standards,which reads as follows: "Parking lots in excess of 200 parking spaces may surface 15 percent of the required off-street parking spaces in grass. Such grass parking spaces shall be located along the outlying perimeter of the parking lot." Notwithstanding the LDC provision above,this CFPUD may surface up to 70 percent of the required off-street parking spaces in grass/lawn, and the grass/lawn spaces may be located in the areas labelled "grass parking" on the master plan. DEVIATION 2: From LDC Section 5.05.08 F.2.b.ii.a), Interior lots, which requires no more than 80 percent of the off- street parking for the entire commercial building or project shall be located between any primary façade of the commercial building or project and the abutting street or navigable waterway, to instead allow 100 percent of the off-street parking for the entire project to be located between the primary facade of the commercial building and the abutting street. DEVIATION 3: From LDC Section 3.05.07 H.3.a., preserve standards, which requires accessory structures and all other site alterations shall have a minimum 10-foot setback from the boundary of any preserve to instead allow a zero foot setback from parking areas located adjacent to the existing preserve from SDP-90-128. DEVIATION 4: From LDC Section 5.03.02.G.1.a. and b.i.,Supplemental Standards,which states that chain link (including wire mesh) and wood fences are prohibited forward of the primary façade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation.This plant material must be maintained at no less than three-quarters of the height of the adjacent fence and that fences shall not exceed 4 feet in height, to instead allow installation of a 6' high chain link fence forward of the primary building façade to within 100' of the Pine Ridge Road ROW. Where chain link fencing is provided, a hedge or landscape buffer shall be provided on the external side of the chain link fence consistent with the requirements of Section 5.03.02.G.1.a. and b.i. The location of the chain link fencing and proposed decorative aluminum fencing is depicted on Exhibit C, Master Plan. DEVIATION 5: From LDC Section 3.05.07.A.5., preserve standards, which requires preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors, to instead allow the existing Oak Hammock area as a standalone preserve. PL20180003710 Temple Shalom CFPUD Exhibits A-F-CCPC.docx October 1,2020 Page 7 of 10 DEVIATION 6: From LDC Section 4.05.02.B.1.a.iii, Off Street Parking and Loading, Design Standards, which requires Up to 70 percent of the parking spaces for houses of worship and schools may be surfaced with grass or lawn, when the County Manager or designee determines that the paving of some or all parking spaces for houses of worship and schools will have significant negative environmental impacts to instead allow community facility uses within the PUD to also provide up to 70% of any parking to be surfaced with grass. PL20180003710 Temple Shalom CFPUD Exhibits A-F-CCPC.docx October 1,2020 Page 8 of 10 EXHIBIT F TEMPLE SHALOM CFPUD LIST OF DEVELOPER COMMITMENTS 1. PUD MONITORING One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until close- out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Temple Shalom, Inc., 4630 Pine Ridge Road, Naples FL 34119. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. 2. MISCELLANEOUS a. Issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. (Section 125.022, FS) b. All other applicable state or federal permits must be obtained before commencement of the development. 3. ENVIRONMENTAL a. Approximately 0.34±acres of native vegetation was retained as part of the initial property development (Tracts 65 and 68). The 0.34± acres shall be deemed to meet the native vegetation requirements for tract 65 and 68. For the undeveloped Tract 64 (4.43±acres) area of the property, a minimum of 15% or 0.66± acres (4.43 acres x .15) of the existing native vegetation shall be retained on site. A total of 1.0 acres of native vegetation shall be retained on site (0.34 acres +0.66 acres). b. A management plan for Florida black bear shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. PL20180003710 Temple Shalom CFPUD Exhibits A-F-CCPC.docx October 1,2020 Page 9 of 10 4. TRANSPORTATION a. The CFPUD shall be limited to a maximum of 237 weekday p.m. peak hour two-way trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. b. For religious holiday services and other scheduled events where greater than 400 attendees are anticipated, the property owner or event host shall provide traffic control at project entrances and exits by law enforcement or a law enforcement approved service provider, with staffing and locations as directed by the County Manager or his designee. 5. LANDSCAPING a. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC section 3.05.07. In order to meet the requirements of a Type 'B' buffer along the western boundary of the PUD, a 6-foot-wide landscape buffer reservation has been identified on the master plan. In the event that the preserve does not meet buffer requirements after removal of exotics and supplemental planting within the preserve, plantings will be provided in the 6'wide reservation to meet the buffer requirements. The type, size, and number of such plantings, if necessary, will be determined at time of initial SDP or plat and included on the landscape plans for the SDP or plat. PL20180003710 Temple Shalom CFPUD Exhibits A-F-CCPC.docx October 1,2020 Page 10 of 10 .14! �( d , T ,,,, „. ‘ .. ,a,.. ......t..., FLORIDA DEPARTMENT OfSTATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 17, 2020 Ms. Teresa L. Cannon, BMR Senior Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 20-41, which was filed in this office on November 17, 2020. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270