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Ordinance 90-072ORDINANCE 90-. .72 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ANENDING THE OFFICIAL ZONING ATLAS up NUMBER ~9-2~-1~ BY C~ANGIN~ T.E ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE GREEK ORTHODOX CHURCH OF NAPLES FOR CHURCH AND RELATED USES AT SOUTHWEST CORNER OF AIRPORT ROAD (CR-31} AND EMERALD LAKES DRIVE, LOCATED IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 5.1 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. W~EREAS, Robert L. Duane of Hole, Montes and Associates, Incorporated, representing The Greek Church of Naples and Vicinity, pstitioned 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: The Zoning Classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from A-2 to "PUD" Planned Unit Development %~ accordance with the PUD document, attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number 49-25-1, as described in Ordinance Number 82-2, is hereby amended accordingly. 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 Commissioners of Collier County, Florida, this 25th day of September , 1990. BOARD OF COUNTY COMMISSIONERS COLLIER ~.~.:;:; COUNTY, FLORIDA ATTEST: ' ';' BY ~m~s c. GILES, ~LEm~ ~".~. ~ssz, ~. , cm~i~ MARJO~E M. STUDENT ASSISTANT COUNTY ATTORNEY R-90-24 PUD ORDINANCE nb/3991 This ordinance flied wlth the ,~/~tory of,~tat~'s Office ~-- PLANNED D'H'rT DEVELO~ Prepared By Hole, Montes & Associates, Inc. 715 Tent~h Street South Naples, Florida 33940 (813) 262-4617 July, 1990 Exhibit "A# HMA File No. 90.71 Date Date Revised 9/7/90 Date Reviewed By Date ARRroved By BO= ~25/90 Ordinance ~ 90-72 TABLE OF CONTENTS SECTION I STATEHENT OF COMPLIANCE ........................... 1 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION AND SHORT TITLE ..................................... 2 SECTION III STATEMENT OF INTENT, PROJECT DESCRIPTION AND PROJECT PHASING .................................. 3-4 SECTION IV GENERAL DEVELOPMENT REQUIREMENTS .................. 5-7 SECTION V ENVIRONMENTAL STANDARDS ........................... 8 SECTION VI TRANSPORTATION REQUIREMENTS ....................... 9 SECTION VII UTILITIES AND ENGINEERING REQUIREMENTS ............ SECTION VIII WATER MANAGEMENT REQUIREMENTS ..................... 12 LIST OF EXHIBITS EXHIBIT A ..... CONCEPTUAL PUD MASTER PLAN EXHIBIT B ..... LEGAL DESCRIPTION 10-11 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: The project shall be in compliance with all applicable County regulations including the Growth Management Plan as this project is located in the Urban Area as set forth in the Future Land Use Element. 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 a~e preserved from future development in order to unhance their natural functions and to serve as project amenities. This Planned Unit Development is planned go incorporate natural systems for water management in accordance with their natural functions and capabilities as set forth 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 and flora on-site required by in Section 7.27 of the Zoning Ordinance for Collier County. 1 2.1 2.2 2.3 SECTION Z~ PROPERTY OWNERSHIP, LEGAL DESCRIPTION, AND SHORT TITLE PROPERTY OWNERSHI~ This project, comprising 5.14± acres, is currently %mder a contract for purchase by the Greek Orthodox Church of Naples and Vicinity. LEGAL DESCRIPTIO~ This project is described in "Attachment B". This Ordinance shall be knownand cited as the "Greek Orthodox Church of Naples Planned Unit Development Ordinance". :2 3.1 STATEMENT OF INTENT, PROJECT DESCRIPTION AND PROJECT PHASING INTRODUCTION It is the developer's intent to establish a Planned Unit Development. It is the purpose of this document to set forth flexibleguidelines for the future development of the project that meet accepted planning principles and practices and to implement the Growth Management Plan for Collier County. 3.2 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, 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. 3.3 3.4 SITE CLEARING AND DRAINAGE Clearing, grading, earthwork, and sitedrainage 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 utilities and other purposes for water as may be Ail necessary~,easements, dedications or other instruments shall be gr~nted 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.~o PROJECT PHASING This project is expected to be built out within a ten year time frame. The table below outlines projected uses, facilities and commitments by the project developer. A. Phase I (within 3 years) 2. 3. 4. 5. Parish Hall Office Water management facilities Necessary parking for these uses only. Access to Emerald Lakes Drive or Airport Road B. Phas9 II (within 6 years) 1. Classrooms C. Phase III fwithin 10 years) Sanctuary Access to Airport Road or Emerald Lakes Drive Remainder of necessary parking. D. ~ccess By Phase Petitioner shall demonstrate that there is legal access through Emerald Lakes Boulevard. If this is the case, no access through Airport Pulling Road will be allowed. If petitioner can legally demonstrate that no access can be obtained through Emerald Lakes Boulevard, Collier County will allow access through Airport Pulling Road provided that access be limited to right-in, right-out only. A southbound right turn lane on Airport Road, including design right-of-way and construction shall be provided. Design and construction shall be in accordance with the standards set forth in ordinance 82-91. E. Proximity To ACtivity Center The petitioner agrees to applicable State and County laws regarding the consumption of alcoholic beverages on surr~ding~operties. 4 4.1 4.2 4.3 SECTION IV GENERAL DEVELOPMENT REQUIREMENTS The purpose of ~his 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. Ail definitions and interpretations of terms contained in the Collier County Zoning Ordinance shall apply to those terms contained in this Ordinance. USES PERMITTED No other building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or par~, for other than the following uses: A. Princinal Uses 1. A house of worship. 2. Residential facilities to serve as a rectory. A community gathering hall for use by members of the congregation. 4. A school and appropriate education facilities. B. Water ManaGement Area Uses Uses determined to be consistent with the intent of the Retention Area such as boardwalks, nature trails, picnic areas, and playgrounds. The water management area may be used for the purposes listed subject to SDP approval and determination that the use is not inconsistent nor detrimental to the primary function of the water management area. Minim~ $~tback Standards 1. ~ - fifty (5o) feet 2. ~ - thirty (30) feet 3. ~ - fifty (50) feet The minimum distance between any two principal 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. ~ximum Buildina 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, flagpoles, etc., as set forth in Section 8.3 of the Collier County Zoning Ordinance. Parkin~ and Site Design A minimum of thirty percent (30%) of the.required parking shall be paved along with all driveways and access aisles. All parking must be considered paved for stormwater purposes. The parking requirements for each phase shall be determined at the time of site development plan submittal based on the most similar uses in the Collier County Zoning Ordinance at the time permits are requested. The petitioner shall provide wheel stops for all parking spaces. No vehicular use area, with the exception of driveways, shall encroach more than 25' from Airport-Pulling Road. The petitioner shall provide stop signs, do not enter signs, one-way signs, as required by Development Service's staff at the time of SDP approval. 09 Sianaae Re~uiremen2s As required or allowed by the Collier County Sign Ordinance in effect at the time permits are requested. LandscaDin. Requirements As required by the Collier County Zoning Ordinance in effect at the time permits are required. 5.1 SECTION V ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the stipulations established by the Environmental Advisory Council. Ae Petitioner shall be subject to Ordinance No. 75-21 as amended by Ordinance 89-58 (preservation of native habitat and tree removal permit). Petitioner 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). D® 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). Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. In the event active protected species foraging habitat, nests or burrows are encountered during development activities, the Collier County Project Review Services Environmental Review staff shall be notified im~ediately and project designs may be adjusted, if warranted, as per the Collier County Comprehensive Plan Conservation and Coastal Management Element, Policy 7.3.4. He 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. Petition shall be subject to all Collier County Ordinances, not specifically exempted or modified by the PUD document, in effect at commencement of construction. 8 i SE¢.TION VI TRANSPORT~%'IO~ REQUIREMENTS The purpose of this section is to set forth the Transportation Requirements which are required of the project developer. Arterial lighting will be installed at project entrance on North Air~ort Road. Payment of Road Impact Fees shall be at the time of Site Development Plan processing/issuance unless a waiver is obtained for payments to be paid 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. d® Petitioner shall demonstrate that there is legal access through Emerald Lakes Boulevard. If this is the case, no access through Air~ort Pulling Road will be allowed. If petitioner can legally demonstrate that no access can be obtained through Emerald Lakes Boulevard, Collier County will allow access through Airport Pulling Road provided that access be limited to right-in, right-out only. A southbound right turn lane on Airport Road, including design right-of-way and construction shall be provided. Design and construction shall be in accordance with the standards set forth in Ordinance 82-91. SECTION VII UTILITIES AND ENGINEERING REQUIREHENTS The purpose of this Section ts to set forth the utilities requirements which are required of the project developer. 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. Ail 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. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off- site water and/or sewer facilities are available to serve the project. Ce 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. De The on-site water distribution system to serve the project must be connected to the District's 16 inch water main on the west side of Airport Pulling Road and extended throughout the project. 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 boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. The point of connection to the District's off-site sewer facilities must be approved by the Utilities Division Wastewater Operation Director. Ge Petitioner shall demonstrate the the Collier County Utilities Divisionthat connection to the central sewage facilities of the Collier County Water Sewer District on adjacent developments cannot be reasonably made. The Utilities Division must provide written confirmation on the availability of other adjacent systems for connection 'to this project. In the event connection to the County Sewer System is not available at the time of Site Plan review, a septic system may be utilized, if approved by the Collier County Environmental Health Department (HRS), until such time as central sewer facilities are available to the property in question. 11 8.1 SECTION VIII WATER MANAGEMENT REQUIREMENTS The purpose of this section is to set forth the stipulations established by the Water Management Advisory Board, which are required of the project developer. Detailed paving, grading, sit. 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. In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. The on-site water management facility may be of a wet or dry type, to be determined at the time of site development plan submittal. If the on-site water management facility is of a wet type, an Excavation permit will be required for the proposed facility in accordance with Collier County Ordinance No. 88-26 and South Florida Water Management District rules. 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. Site Development Plan shall be submitted an.~ 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. Proposed berm shall be kept out of water management area. ® A detailed water management plan and supporting calculations signed and sealed by a professional engineer shall,~%pro%~[~ed with the SDP submittal. ~2 IIIIIliI)11TITU i IIillliiii~iiill-I] _lllllllllUi trrlrll'Trru POo RASTtR Pt,AN 17 I, JAMES C. GILES Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy of: which was adopted by the Board of County Commissioners on the 25th da~ of September, 1990, during Regular Session. WITNESS my hand and the offtctal seal of the Board of County Co~tsstoners of Co/I/er County, Florida, this 4th ' day of October, 1990. JAMES C. GILES '.' ". Clerk of Courts and Clerk Ex-officio to Board of ' '. ~~C°unty Commissioners .~ . ~ Deputy Clerk '