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Ordinance 2011-18 "j ;: i6~':::,,- /e",>. ;"" 0.;;,.....' .! /('.,!\ h~ # \ :.;-:., \ . \ ORDINANCE NO. 11- 18 \ '~ \'-..--:" '", AN ORDINANCE OF THE BOARD OF COUNTY,"~c\ . ';~>. COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ~?:Gc0':::/ AMENDING ORDINANCE NUMBER 04-41, AS AMENDE~; ~ --.~ THE COLLIER COUNTY LAND DEVELOPMENT CODE;-': ::;. , , WHICH INCLUDES THE COMPREHENSIVE ZONING;.. :::. -;:::. REGULATIONS FOR THE UNINCORPORATED AREA OF';';" r:::, ''\1'\ COLLIER COUNTY, FLORIDA, BY AMENDING THE ;';, ' APPROPRIATE ZONING ATLAS MAP OR MAPS BY ~.\ ~ ..;::::> CHANGING THE ZONING CLASSIFICATION OF THE \~)_. c.:: HEREIN DESCRIBED REAL PROPERTY FROM AN 35:, 'j" '(:::'",(1'\ AGRICULTURAL (A) ZONING DISTRICT WITH A , PORTION OF THE REAL PROPERTY IN A ST OVERLAY (SPECIAL TREATMENT) TO A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT (CFPUD) ZONING DISTRICT WITH REMOVAL OF THE ST OVERLAY FOR A PROJECT KNOWN AS GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD. THE PROJECT WILL ALLOW DEVELOPMENT OF A 500 SEAT CHURCH, A SINGLE FAMILY RESIDENCE AND PRESCHOOL OF UP TO 150 STUDENTS ALONG WITH OTHER PERMITTED AND ACCESSORY USES COMMONLY ASSOCIATED WITH A CHURCH AND PRESCHOOL USE. THE PROPERTY IS LOCATED AT THE CORNER OF LEARNING LANE AND LIVINGSTON ROAD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF IH ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PETITION PUDZ-2005-AR-8674) WHEREAS, Richard D. Yovanovich, Esquire of Coleman, Yovanovich and Koester, P.A and D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A., representing Grace Romanian Baptist 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 herein described real property located in Section 13, Township 48 South. Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Grace Romanian Baptist Church / PUDZ-2005.AR-8674 Rev. 3/22/11 Page 1 of 2 Zoning District with a portion of the real property in a ST Overlay (Special Treatment) to a Community Facility Planned Unit Development (CFPUD) Zoning District with removal of the ST Overlay for a project known as the Grace Romanian Baptist Church of Naples CFPUD, in accordance with Exhibits A through E, attached hereto and incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, 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 Commissioners of Collier County, Florida, this 24 day of fVI~ Board of County ,2011. ATTEST: , DWIGHTE.BROCK, CLERK (~{~ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Attest,.' to eh(' ll...w:. .~I~. . . " ',..' tt Clerk BY: NW. ~ FRED W. COYLE, Chai Approved as to form and le11 sufficiency: ~ cL J ~l w \" 1~ I O"'ix'v'-' eidi Ashton-Cic 0 Assistant County Attorney ^ ttachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Developer Commitments This orclinnr.ce fr!.~'d 'w):-h H"," c,.,~#ot,..,." c.t' \,:"".t..'... ,.'.rf*'~' !.l"{ ';~i1.'--:"'f .< ...."."~.:> ".'lil!.~ OF" .;'x.lL":'::.' of J~., _._ c.L. (..-,-,..1.. ,-'-',i. ,-.."r_.".-,.":~.'::.,,,~~J,': '<,. rr":,~~If:; . ~".,.., -"""""'''_''yt', ~:; _~y _ i."~~~__ ~cy .~D'P"'Y .,.i CI' 07 -CI'S-00640\5! Grace Romanian Baptist Church! PUDZ-2005-AR-8674 Rev. 3/22111 Page 2 of2 EXHIBIT A FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD PERMITTED USES: The Grace Romanian Baptist Church of Naples CFPUD will be developed as a community facility project, including but not limited to, a 500 member religious facility and a 150 student total enrollment preschool (child care) facility. 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: I. Principal Uses: A. Principal Uses 1. Church (House of Worship) 2. Pre-school (child care), not to exceed 150 students. 3. Single family dwelling, maximum of one (1) unit. 4. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as approved through the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: I . Accessory uses and structures customarily associated with the principal uses permitted in this District, such as multi-purpose buildings, indoor and outdoor recreational uses and facilities, playfields. playgrounds and similar facilities. 2. Essential services 3. Open space and passive recreational uses. 4. Parking 5. Water management facilities. Rev 10 3/23/2011 Page1of6 Grace Romanian Baptist Church of Naples CFPUD II. Preserve Tract A. Principal Uses: ]. Native vegetation preserve. 2. Any other conservation use which is comparable in nature with the foregoing uses and which the Environmental Services Department determines to be compatible in the Preserve Area. B. Accessory Uses: I . Boardwalks, nature trails, shelters, and other uses permitted within dedicated preserves by the LDC. 2. Any other conservation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the Preserve Area. 3. Any clearing required to facilitate these uses shall not reduce the minimum required native vegetation. Rev 10 3/23/2011 Page 2 of 6 Grace Romanian Baptist Church of Naples CFPUD EXHIBIT B FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD DEVELOPMENT STANDARDS: The table below sets torth the development standards for land uses within the CFPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code ILDC) in effect as of the date ot approval of the site development plan (SDP) or subdivision plat. DEVELOPMENT STANDARDS COMMUNITY FACILITY (CF) PRINCIPAL STRUCTURES MINIMUM LOT AREA N/A MINIMUM LOT WIDTH N/A MINIMUM FLOOR AREA N/A MIN FRONT YARD 50 FEET MIN SIDE YARD 25 FEET MIN REAR YARD 15 FEET MIN PRESERVE SETBACK 25 FEET MIN DISTANCE BETWEEN STRUCTURES 25 FEET MAX BUILDING HEIGHT NOT TO EXCEED ZONED 50 FEET ACTUAL 60 FEET TO TOP OF ROOF AND A MAXIMUM ADDITIONAL 12 FEET FOR CUPOLA AND/OR SPIRE AND STEEPLE ACCESSORY STRUCTURES FRONT 'I 25 'I /50 FEET SIDE S.P.S REAR [ATTACHED) 10 FEET (DETACHED) 15 FEET PRESERVE SETBACK 10 FEET DISTANCE BETWEEN PRINCIPAL STRUCTURE o FEET for attached accessory structures: or 'I, the height I of the detached accessory structure or per minimum buildina code. whichever is areater. I MAX BUILDING HEIGHT NOT TO EXCEED I ZONED S.P.S. ACTUAL S.P.S. .1 the 25 foot front yard shalf apply only to playground equipment. shade structures, Porte Cache or similar unenclosed accessory structures S.P,S. = Same as Principal Structures BH = Building Height Rev 10 3/23/2011 Page 3 of6 Grace Romanian Baptist Church of Naples CFPUD / / / ~ fa~ ~~ ~. !i 2 / / ~ 5 , ! . ~ /' /' /' /' /' /' /' /' ..0'" ,0" 0' ~\~ " /' /' ./ ./ /' /' / /' .. '10, "",,,,,., _",,,,, " ''-_'.,_",_',-,- """ I I I I I I I / I / I I I / / /' /' /' /' /' /' /' /' /' /' ~ ~ H.~ o. ., ~o:. ~ ~ c_ "'i3~ ,"0 . ~ ! N "---= ~-- " ~' , ------ ----------- w < ~ """,.",,,,, " ~ i'aia!:il~ ~ " ~~i!~~i 0 " o. . "' ~:~5~ ~ I' z -5 ~~ ,. . 0-- ~~ ~~ ~~~ ~~ "" , 00 u ~~ " .. 0 . ~' 0; ~ DD ~ . " .:u~~ ~ . 8 ~.i'~ ~~g O' o~ :l;~.! w, ",1.oj1Ol ~~~ W' j:';i"'''' Z ~ w~~[~i ",f:i! w 0; 00. ~ ,; i i'- ll'" 1 ;" li,!!f.;ll! ! ~ j ~ " o ,2 ~~~ cg~ ~~6 ~tu "'\!Ill: ~!l~ i"'g ~~! 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J t .J .J . \ ~ .\ '", ( . ., '-..~ - ~--~_.- - r . . . .'", ij( . . . . .,j_ __ __ _, _ O,l"IlJi&,.[.tfl.Pffi.JK . ............,......-- . . . . . . . . . .'. . . . . .'.,; ..,;,;,-. --; .;~. ;- ,;-. -; .--. -.;; ...-; .-,;, -; .--:'. < z o g u.n is '<;!Z 0 .~ . .~ .~ a. ~" ~~ ". a. i~ .~ <~ ~~ ~2 8~ .~ ~a . H ~ l!l I u~ I Ii i , H ~_..~ $I ::!~~ ~5 :: Hl'i'; ~ ~ J ~ .1 a i hi. ~ j l!H ~ , ~ ~~ ~~ <, '. .. <. .> >D D" ~o ~ ~ , . !l' 6 t ~ ~-~ ~ .: i ~; :; (~- = -"I € ~!j ~ -n ~ ._~ j .~jt ~~ ; 'i Oli"iiililo<0l;l;11 fill ;11; ",'.1'111 "I"l- :f!I,II'I' ;'lllll!I,I,I!1 jl;I~;!I~;~'I~;~1 .:.:~:. ~I::!: :Ir fi:'g!~il'i';I:i "H"'I~;~5~' ~i~I;'~:g'~:':iir . ~:~jl"i;'t>i):!!~: ~ ~">:~I",~,.I.~II' . ~i~I"i"!~'~..~ ~;k~:~;~~i8i~i ~ ~,,;j;;!8,~~<::::g ~rf+, :"" ..'..",- J @:( EXHIBIT D FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD LEGAL DESCRIPTION A PARCEL OF LAND LYING IN THE NORTH HALF OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS PARCEL 1 ALL OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA LESS AND EXCEPT THAT PORTION TAKEN FOR LIVINGSTON ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 2619, PAGE 188, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA TOGETHER WITH PARCEL 2 ALL OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA TOGETHER WITH: PARCEL 3 A PORTION OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LYING SOUTHWESTERLY OF THAT PORTION TAKEN FOR LIVINGSTON ROAD AS DESCRIBED IN OFFICIAL RECORDS BOOK 2615 AT PAGE 2828 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THE SAME BEING THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 4544 AT PAGE 563 OF THE OFFICIAL RECORDS OF COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N88057'29"E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 417.42 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD, A 275.00 FOOT RIGHT-OF-WAY, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.42013'34"E. A DISTANCE OF 2047.36 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG SAID RIGHT-OF-WAY LINE AND ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 2047.36 FEET, THROUGH A CENTRAL ANGLE OF 12025'05", SUBTENDED BY A CHORD OF 442.88 FEET AT A BEARING OF N.41033'54"W., FOR A DISTANCE OF 443.75 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE RUN S.88058'45" W. ALONG THE NORTH LINE OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 124.44 FEET, TO A POINT ON THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, THENCE RUN SOoo09'12"E. ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 33674 FEET TO THE POINT OF BEGINNING. Rev 103/2312011 Page 50f6 Grace Romanian Baptist Church of Naples CFPUD EXHIBIT E FOR GRACE ROMANIAN BAPTIST CHURCH OF NAPLES CFPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Grace Romanian Baptist Church of Naples CFPUD shall be in accordance with the contents of this CFPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this CFPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. PLANNING 1. The CFPUD Conceptual Master Plan (Exhibit C) is an illustration of the conceptual development plan. B. ENVIRONMENTAL I. A minimum of 15% [minimum 1.82 acres) of the existing native vegetation shall be retained on-site in accordance with LDC Section 3.05. C. UTILITIES I. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to the Collier County Land Development Code, as amended, except as may be provided in this Ordinance. Rev 10 3/23/2011 Page 6 of6 Grace Romanian Baptist Church of Naples CFPUD 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 2011-18 Which was adopted by the Board of County Commissioners on the 24th day of May, 2011, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of May, 2011. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners r-- 1. [) I ~ rl..-S:p ~b-~ w~o~:'" '---- By: Teresa Pola'ski, '.. .;., Deputy Clerk ~ ; ~ i,~ ~<