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Ordinance 99-78ORDINANCE 99- 7 8 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9501S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE FIRST BAPTIST CHURCH OF NAPLES, FOR PROPERTY LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD 0.5 MILES EAST OF AIRPORT-PULLING ROAD (C.R. 31), IN SECTION 1, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 100-~: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-2; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole, Montes & Associates, representing First Baptist Church of Naples, 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 Sectirfi 4i T~nship 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD!' :Planr~e:O ~'.,~, Development in accordance with the PUD Document, attached hereto as Exhibit i"X~' ~l;iicl~ is incorporated herein and by reference made part hereof. The Official Zoning Atlas ~@ n~nbe~ 9501S, as described in Ordinance Number 91-102, the Collier County Land Develop~l~t (~le, are hereby amended accordingly. SECTION TWO: Ordinance Number 96-2 known as the First Baptist Church of Naples PUD, adopted on February 13, 1996 by the Board of County Commissioner~ of Collier County, is hereby repealed in entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~.. day of'~~, 1999. ATTEST: DWIGHT E. BROCK, Clerk Attest. as to $ lgeature .onl$ Approved as [o Form and Legal Sufficiency Marj~a~ M. St'u~lint Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ~,I~AMELA S. MAC'KIE, ~HAII~WOMAN Th~s ordinance f)ted with the S_ecretary of State's Office the ~LT_~ doy of J~I~3L~_-, Iq~q and acknowledgement of that fili~q9 received this ~.day Dc,i ~c!iy Clerk ORDINANCE/PUD-95-12(1 ) -2- FIRST BAPTIST CHURCH OF NAPLES AN APPLICATION FOR PLANNED UNIT DEVELOPMENT Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples. FL 33939 November, 1999 HMA File No. 95.12 TABLE OF CONTENTS Page SECTION I - Statement of Compliance ............................................................ 1 - 1 SECTION II - Property Ownership, Legal Description, Short Title, and Statement of Unified Control ................................................... 2 - 1 SECTION III - Statement of Intent and Project Description ...................................... 3 - 1 SECTION IV - General Development Regulations ................................................. 4 - 1 SECTION VI ~ Permitted Uses and Dimensional Standards ...................................... :5 - 1 SECTION VI - Environmental Standards ............................................................ 6 ~ 1 SECTION VII - Transportation Requirements ...................................................... 7 - 1 SECTION VIII - Utility and Engineering Requirements .......................................... 8 - 1 SECTION IX - Water Management Requirements ................................................. 9 - 1 EXHIBITS PUD Master Plan ....................................................................................... Exhibit "A" SECTION I Statement of Compliance The development of 100.00+ acres of property in Section 1, Township 49 South, Range 25 East as a Planned Unit Development, to be known as First Baptist Church of Naples, will be in compliance with the planning goals and objectives of the Collier County Growth Management Plan for the following reasons: 1.1 The subject property is identified as Urban Residential in the Future Land Use Element of the Growth Management Plan. 1.2 The Urban Residential designation is intended to provide locations for the development of higher densities and intensities of land use, which include both residential development and non-residential development such as community facilities. 1.3 The proposed development consists of a complementary range of community facilities, including a church auditorium, religious education facilities, school and recreation, therefore, they are determined to be consistent with the Collier County Growth Management Plan. 1.4 Provisions have been included within the PUD document to provide two possible means of ingress from both Orange Blossom Drive and Livingston Road to the project. Project phasing will assure adequate traffic circulation and non-substantial impacts to the existing traffic network of the area. 1.5 The project shall be in compliance with all applicable County regulations, including the Growth Management Plan. 1.6 The project will be served by a full range of services and utilities provided by the County. 1.7 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. 1.8 The Planned Unit Development includes open spaces, natural features and a network of onsite lakes, which will serve to enhance the project and improve its compatibility to surrounding properties and land uses. 1.9 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 SECTION II Property Ownership, Legal Description, Short Title, and Statement of Unified Control 2.1 2.2 Property Ownership The subject property is currently owned by the First Baptist Church of Naples, Inc. Legal Description Being a part of Section 1, Township 49 South, Range 25 East, Collier County, Florida, more particularly described as follows: COMMENCING at the Southeast corner of Section 1, Township 49 South, Range 25 East, Collier County, Florida; thence run along the East line of said Section l, North 00/52'40" West 1,077.67 feet for a PLACE OF BEGINNING; thence North 89/03' 13" West, 2,746.50 feet; thence North 02/50'06" West, 1,564.94 feet; thence South 89/25'49" East, 2,799.08 feet to the East line of said Section 1; thence along said East line South 00/53'28" East, 1,580.75 feet to the PLACE OF BEGINNING, subject to easements, restrictions and reservations of record, containing 100.00 acres more or less. 2.3 Short Title This ordinance shall be known and cited as the "First Baptist Church of Naples Planned Unit Developmem Ordinance". 2.4 Statement of Unified Control It is the intent of the First Baptist Church of Naples to establish a Planned Unit Development on One Hundred Acres in Section 1, Township 49 South, and Range 25 East in Collier County, Florida. The subject property, as depicted on the PUD Master Plan, is under unified control for the purposes of obtaining PUD zoning. SECTION III 3.1 3.2 3.3 Statement of Intent and Project Description Introduction It is the intent of the First Baptist Church of Naples to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. Project Description and Phasing The project is comprised of 100.00+ acres located within the southern half of Section 1, Township 49 South, Range 25 East, approximately one half mile east of Airport Road and one mile north of Pine Ridge Road. Access to the site is provided from both Orange Blossom Drive, a sixty (60) foot right-of-way, running west to a median opening at Airport Road, and Livingston Road, running south to its intersection with Pine Ridge Road. The project will provide a selected range of community facilities, which will include a worship center, schools, pre-school and recreational facilities, which will be necessary and complementary to the principal use of the site. Land Use Plan and Project Phasing The following phasing schedule and development intensities, are approximate and are based on the best information available. Actual development intensity and phasing will be determined based on the availability of need and funding. The PUD Master Plan contains a total of five (5) tracts consisting of recreation, open space, lakes, development areas and strict right-of-way, The Master Plan is designed to be flexible with thc placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. The anticipated time of build-out of the project is approximately fifteen (15) years from the time of issuance of the first building permit and will consist of two (2) major phases. Phase I, beginning on or about the year 2000, will include the main worship facility, comprising approximately 75,000 S.F., and 60,000 S.F. to 80,000 S.F. for education and administration, a pre-school facility for up to 100 children, and a 400-student school. Phase II, will commence on or about the year 2005. It will include expansion of the worship facility and education/administration facility to approximately 120,000 S.F. each. The capacity of the pre-school facility will be expanded to a total of 200 children and the school to 900 students. Future construction beyond Phase II may include future school expansion, a 50-bed (maximum 26 units per acre) adult living facility, a conference center and overnight lodging facilities for church conference guests (maximum 40 rooms), a children's home and other accessory uses permitted by the PUD. SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development and use of the First Baptist of Naples Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: Ao Regulations for development of the First Baptist of Naples Planned Unit Development shall be in accordance with the contents of this document, PUD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code 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. Co All conditions imposed and all graphic material presented depicting restrictions for the development of the First Baptist of Naples Planned Unit Development shall become part of the regulations which govern the manner in which this site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the LDC pertaining to Adequate Public Facilities at the earliest or next to occur of either final SDP approval, or building permit issuance applicable to this development. 4.2 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. 4.3 Easements for Utilities 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. 4.4 Amendments to the Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC, as revised, at the time the amendment is requested. 4.5 Project Plan Approval Requirements Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master 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. Prior to recording of the final subdivision plat (if required), when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provision of Section 3.3, Site Development Plans shall be applied to all platted parcels. Should no subdivision of land take place, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. 4.6 Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal 4.7 4.8 4.9 4.10 4.11 shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Division 3.5 of the LDC are applicable. Sunset and Monitoring Provisions The First Baptist Church of Naples PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. Pol!i.ng Places Any community recreation/public building/public room or similar common facility located within the First Baptist Church of Naples PUD may be used for a polling place, if determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. Native Vegetation The entire area comprising the First Baptist Church of Naples has been previously cleared and is currently in an active agricultural state. Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent site development plan. Open space may be in the form of landscaping, additional buffers, passive or active recreation area8 and water management facilities. The total aggregate of such amenities shall meet or exceed the open space requirements of Sec. 2.6.32 of the LDC. Spraying on Adjacent Farmlands to the South The operation of the Church and various other permitted uses will not disrupt the spraying of said agricultural lands. SECTION V Permitted Uses and Dimensional Standards 5.1 Purpose The purpose of this Section is to identify permitted uses and development standards for areas within the First Baptist Church of Naples PUD designated on Exhibit "A", PUD Master Plan for Tracts A, B, C, D and R. 5.2 General Description Tracts A, B, C, D and R as shown on the PUD Master Plan, are designed to accommodate a full range of principal uses, essential services and accessory uses. The approximate acreage of tracts are depicted on the PUD Master Plan. This acreage is based on conceptual designs. Actual acreages of all development tracts 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 tracts are designed to accommodate internal roadways, parking, open spaces, amenity areas, water management facilities, and other similar uses. 5.3 Permitted Uses and Structures A broad range of complementary and compatible uses are permitted for the subject property to achieve the projects intended purpose. Group I uses are the most intensive uses and, therefore, are limited to Tract C only. These uses are permitted a maximum height of sixty-two (62) feet for Building One and eighty-five (85) feet for Building Two as depicted on the PUD Master Plan. Group II uses are presumed to be lower intensity or transitional uses from Group I uses, therefore, their maximum height is thirty-five (35) feet. More restrictive setbacks from the perimeter of the property are required for certain Group II uses to further enhance compatibility with adjoining properties. A. Principal Uses: 1. Group I Uses - Tract C only. (a) Worship (b) Education/administration (c) Pre-school (d) All Group II uses. Group II - All other tracts, except D. (a) (b) (c) (d) (e) (f) (g) (h) (i) Adult Living Facility (requires the same procedure for a Conditional Use, Section 2.7.4 of the Land Development Code). Passive recreation. Active recreation* All uses and structures that may be associated with active recreation, including but not limited to gazebos, bleachers, refreshment stands and fund-raising booths. Children's home. School* Parochial school only. Conference center/Lodging* 40 units maximum at 26 units per acre. Lodging shall be restricted to church conference guests, students and missionary furlough housing only. Cemetery Day-care - only in conjunction with permitted uses. Museum *Please see Development Standards. Any other use, excluding Category II uses as defined within the Group Care Facility definition of the LDC, which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Accessory Uses and Structures: Accessory uses and structures, such as caretakers residence, parsonage and storage/maintenance facilities, customarily associated with principal uses permitted within this district. e Any other use which is comparable in nature with the foregoing uses and which thc Development Services Director determines to be compatible. 5.4 Development Standards A. The following represents the Development Standards for permitted uses and structures: Height Setback/Perimeter Min. Front Yard~3~ Building One 62 feel') Group I Building Two 85 25 feet 25 feet feet Group II 35 feet 25 or 75 feeta) 25 feet 5.5 (~ Other structures fifty (50) feet. (2) See permitted uses Group II. Requires seventy-five (75) foot setback from project perimeter for active recreation, school or conference center. (3) From rights-of-way plus one (1) foot for each foot of height over thirty-five (35) feet. Minimum Off-street Parking and Off-street Parking shall be provided for all uses and structures as required in Section 2.3, Off- street Parking and Loading of the LDC. 5.6 Landscaping Landscaping shall be required in accordance with Section 2.4 of the Collier County LDC. In meeting the perimeter buffer requirements, the existing non-native vegetation/citrus trees are permitted to be used in meeting thc landscaping requirements, however, additional supplemental native plantings may bc required to achieve the intent and purpose of Section 2.4. Perimeter buffers shall not be required during the development of any portion of Tract C, or the construction of any public or private streets within the PUD site. Buffering may be required during thc site plan review process of all remaining tracts as determined appropriate by thc Development Services Director, based upon the type of use and its proximity to non-agricultural uses. Prior to the development of Building Two, which is permitted a maximum height of eighty-five feet, a twenty (20) foot tall buffer shall be in place around the perimeter of the property meeting or exceeding the requirements of Section 2.4 of the LDC. 5.7 5.8 5.9 Lighting shall be located so that no light is aimed directly toward a property designated residential, which is located within two hundred (200) feet of the light source. Signage shall be allowed as provided for within Section 2.5 Signs of the LDC. Accessory Use and Structures Development standards for accessory uses and structures shall be the same as for permitted uses within the corresponding Principal Use Group. SECTION VI Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 6.1 Petitioner shall be subject to the Collier County Comprehensive Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 6.2 Petitioner shall obtain and submit documentation of all necessary local, state and federal permits. 6.3 The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. SECTION VII Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. 7.1 7.2 7.3 7.4 7.5 The developer shall provide arterial level street lighting of the project entrance. Said lighting shall be in place prior to the issuance of any Certificate of Occupancy. The road impact fee shall be as set forth in Section 4.1 of the LDC, as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. The First Baptist Church shall reserve 275 feet along the eastern boundary of the project for the future widening of Livingston Road and associated water management requirements. This requirement is to accommodate Collier County's future roadway plans and is not a site related improvement. Collier County and the First Baptist Church shall enter into a Developer Contribution Agreement which sets forth the terms and conditions of the conveyance of the above described portion of the First Baptist Church property, including but not limited to, the timing of the conveyance to Collier County and that First Baptist Church shall receive a road impact fee credit pursuant to Ordinance 92-22 as amended and the Collier County Land Development Code Right-of-way for the extension of Orange Blossom Drive will be included within the boundary of the project (100' wide on the western side of the property and 72' wide on the eastern side; a portion of the right-of-way will be included within the Oak Grove PUD; all as noted on the PUD master plan (Exhibit "A")). At the time that legal access is available to Orange Blossom Drive outside the boundary of the project, this roadway may be used for access and improved by First Baptist Church to County collector road standards. Such improvements and the value of the right-of-way within the boundary of the project may be eligible for Road Impact Fee credits pursuant to County Ordinance 92-22 as amended and the Collier County Land Development Code. Collier County and the First Baptist Church shall enter into a Developer Contribution Agreement which acts forth the terms and conditions of the Orange Blossom Drive right-of-way dedication and construction, including but not limited to, the timing of the construction of Orange Blossom Drive, the manner in which Orange Blossom Drive is conveyed to Collier County, and the impact fee credit to the First Baptist Church._ Internal access improvements shall not be subject to impact fcc credits and shall be in place before any certificates of occupancy arc issued. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. Connections onto Livingston Road: (a) The Orange Blossom Drive connection shall be a full median access. (b) The central entry shall be a directional access. (c) The southern entry shall be a full median access. (d~ 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 unless established via a right-of-way agreement between the Board of County Commissioners and the developer. 7-9 SECTION VIII Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 8.1 Utilities A. 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. B. 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. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sewer facilities are available to serve the project. . C. Prior to approval of construction documents by the County, the developer must present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities. D. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. E. Prior to or at the time of submission of construction plans and final plat for the project, the potable water supply from the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in service. 8.2 Engineering A. 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. 8-1 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. Co Do Subdivision of site shall require platting in accordance with Section 3.2 of LDC to define the right-of-way and tracts shown on the PUD Master Plan. The developer 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 will result in the issuance of a final or final development order. 8-2 SECTION IX Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. 9.1 9.2 9.3 9.4 Detailed paving, grading and site drainage 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 LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines if property lines are fenced. Landscaping shall not be placed within the water management areas unless specifically approved by the Development Services Department. The wet season water table elevation shall be established at the time of South Florida Water Management District permitting. -ii Z Z Ii 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. 99-78 Which was adopted by the Board of County Commissioners on the 9th day of November, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier COunty, Florida, this 10th day of November, 1999. Deputy Clerk