Ordinance 2013-60 ORDINANCE NO. 13- 60
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
AGRICULTURAL ZONING DISTRICT WITH A MOBILE HOME
OVERLAY (A-MHO) TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE LIVING WORD FAMILY
CHURCH MPUD; TO ALLOW CONSTRUCTION OF RELIGIOUS
FACILITIES WITH A MAXIMUM OF 2,400 SEATS, AN OUTDOOR
PAVILION, A GRADE SCHOOL FOR KINDERGARTEN
THROUGH 12TH GRADE WITH A MAXIMUM OF 250 STUDENTS,
A CHILD CARE CENTER WITH UP TO 200 STUDENTS,
ASSISTED LIVING FACILITIES AND CONTINUING CARE
RETIREMENT COMMUNITY USES FOR SENIORS AT A .45
FLOOR AREA RATIO AND A MAXIMUM OF 200 BEDS, AND
ACCESSORY, RETAIL AND SOCIAL SERVICE USES FOR
PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 35.0+/- ACRES; REPEALING THE EXISTING CONDITIONAL
USE ON THE PROPERTY GRANTED BY RESOLUTION NUMBER
06-03, AS AMENDED BY RESOLUTION NUMBER 09-213; AND BY
PROVIDING AN EFFECTIVE DATE. [PUDZ-PL201100007621
WHEREAS, Tim Hancock, representing Living Word Family Church, 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 30,
Township 48 South, Range 27 East, Collier County, Florida, is changed from an Agricultural
Zoning District with a Mobile Home Overlay (A-MHO) to a Mixed Use Planned Unit
Development (MPUD) Zoning District for the 35.0+/- acre project to be known as the Living
Living Word Family Church MPUD Page 1 of 2
Rev. 8/22/13
�nl
Word Family Church MPUD, 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:
Resolutions 06-03 and 09-213, which originally granted the owner a Conditional Use
(and an extension) to operate a church on property zoned Agricultural (A) are hereby repealed as
moot as a result of the PUD establishment.
SECTION THREE:
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 R day of O )6.( , 2013.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROK, CLERK COLLIEKt Y, FLORIDA
BY ', 4411■ ► By
• --- naalrr>ut GEOI�GI�A.HILLER, ESQUIRE
Attest as to t an er i `-) Chairwoman
signature only.
Appr ved as to form and legality:
A c AFN��
� �� X011
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
This ordinance filed with the
Exhibit D - Legal Description Secretary of State' Cffice the
Exhibit E - Deviations from the LDC 2RKbay of .>
Exhibit F - Development Commitments and acknowledgement of ncot
filin�r�;ceived this d'y
CP\11-CPS-01112\68 of (���
By
repuN dark
Living Word Family Church MPUD Page 2 of 2
Rev. 8/22/13
EXHIBIT A
PERMITTED USES:
The Living Word Family Church Mixed-Use Planned Unit Development (MPUD) shall be
developed as a mixed use project which may include a mix of limited community facility uses,
including but not limited to a religious facility and associated uses, a private school, and assisted
living facilities (ALF), and continuing care retirement communities (CCRC) for age 55 plus.
The maximum size for the continuing care retirement communities (CCRC), assisted living
facilities (ALF), and nursing and personal care services for age 55 plus and similar facilities shall
not exceed a floor to area ratio (FAR) of 0.45.
The maximum trip generation allowed by any combination of the proposed uses (both primary
and ancillary) may not exceed 402 p.m. peak hour, two way trips; as analyzed by the traffic study
associated with this project.
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:
Tract A: Community Facility/Residential (CF/R)
A. Principal Uses
1. Child Care Centers, not to exceed 200 enrolled students (Group 8351)
2. Churches and Places of Worship, not to exceed 2,400 seats (Group 8661)
3. (Group 8641) Limited to organizations including Youth Associations (except hotel
units), Fraternal Associations and Lodges, Veterans Organizations
4. Elementary and Secondary Schools, limited to kindergarten through 8th grade and 250
students (Group 8211)
5. Assisted Living Facilities (ALF), Continuing Care Retirement Communities (CCRC),
and nursing and personal care services (Groups 8051, 8052, except mental retardation
hospitals) for ages 55 plus. The total number of beds shall be limited to 200. All uses
shall be consistent with operational characteristics stated on page 3 of this document.
6. Essential Services as provided for in Land Development Code (LDC) Section 2.01.03.
7. Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals (BZA) by the
process outlined in the LDC.
B. Accessory Uses
1. Administrative Offices and Educational Facilities to serve the church and school.
2. Pavilion, outdoor. Use of the facility not related specifically to Christmas and Easter
shall be subject to temporary use permit conditions as required by the Land
Development Code.
3. Ancillary Facilities, limited to power, HVAC and mechanical functions to serve
permitted uses.
4. Church operated Thrift Store, not to exceed 5,000 square feet (Group 5932, second-
hand retail only), not-for- profit only, limited to 8 a.m. to 6 p.m. daily, with a
maximum of 20 operational hours per week.
5. Church operated Book Store (Group 5942) not-for-profit only.
6. Group 6553, limited to Columbarium, at grade level or above ground internment only
7. Community Garden (Groups, 0161, 0171, 0172, 0173, 0174, 0175)
8. Church Operated Individual and Family Social Services (Group 8322), not for profit
and limited to the following:
(a) Counseling centers
(b) Family counseling services
(c) Marriage counseling service
(d) Old age assistance
(e) Outreach programs
(f) Relief services, temporary
(g) Service leagues
(h) Temporary emergency shelters(limited legal occupancy under the fire code)
(i) Activity Centers, elderly or handicapped
(j) Centers for senior citizens
(k) Day care centers, adult and handicapped
(1) Senior citizens associations
(m) Youth centers
9. Attached or detached residential units, intended to provide Employee/Staff/Retreat
Housing, limited to a maximum of 5 units.
10. Personal services, dining, private restaurant/lounge, skilled nursing and other uses
incidental to ALF and CCRC uses.
11. Dining hall/private restaurant, incidental to churches and places of worship principal
use.
12. Retail sale of fresh, agricultural products, shall be limited to weekends and subject to a
review of traffic circulation, parking, and safety concerns pursuant to the submission
of a site improvement plan as provided for in section 10.02.03 of the LDC. (Group
5431; Vegetable markets and stands only), not-for-profit only.
13. Water Management Facilities/Lakes.
14. Play Areas, Playgrounds and Recreational Facilities in association with Church/School
Uses. Playgrounds and play areas in daily use for the school or day care cannot be
located within 100 feet of a property developed with residential uses at the time of this
rezone.
15. Any other use which is comparable in nature with the foregoing list of permitted
accessory uses and is deemed consistent with the GMP, as determined by the Board of
Zoning Appeals (BZA)through the process outlined in the LDC.
C. Operational Characteristics for ALF, CCRC and Nursing and personal care services for
Persons Over Age 55:
The developer, its successors or assigns, shall provide the following services and/or be
subject to the following operational standards:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the purposes of
grocery and other types of shopping. Individual transportation services shall be
coordinated for the residents' individualized needs including but not limited to medical
office visits.
4. There shall be an on-site manager/activities coordinator to assist residents with their
individual needs. The manager/coordinator shall also be responsible for arranging trips
to off-site events as well as planning for lectures, movies, music and other
entertainment for the residents at the on-site clubhouse.
5. A wellness center shall be provided on-site. Exercise and other fitness programs shall
be provided for the residents.
6. Each unit shall be equipped to notify emergency service providers in the event of a
medical or other emergency.
7. Each unit shall be designed so that a resident is able to age-in-place. For examples,
kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair
bound resident or bathrooms may be retrofitted to add grab bars.
Tract B: Preserve
A. Permitted Principal Uses and Structures in the Preserve(provided the minimum required
preserve acreage is retained):
I. Passive recreational areas including recreational shelters.
2. Biking, hiking and nature trails, and boardwalks.
3. Native preserves and wildlife sanctuaries.
4. Water Management Facilities.
5. Any other use deemed consistent with the LDC for permitted uses in preserves or
deemed compatible by the BZA at time of Development Order approval.
EXHIBIT B
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the proposed Mixed-Use
PUD (MPUD). Standards not specifically set forth within this application 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: DEVELOPMENT STANDARDS
Requirements Principal Use Accessory Use
Minimum Lot Area 10,000 square feet N/A
Minimum Lot Width 75 feet N/A
Maximum Height
• Zoned: 35 feet and 2 stories 35' and 2 stories
• Actual: 42 feet' and 2 stories 42' and 2 stories
Minimum Floor Area 1,000 square feet
Maximum Floor Area Ratio 0.453
Minimum Building Setbacks
• Immokalee Road 50 feet 50 feet
• Moulder Drive 30 feet/50 feets 25 feet
• All other adjacent property lines 30 feet 25 feet
• Minimum Distance Between Structures 15 feet 10 feet
• Internal Drives 15 feet from the edge of 10 feet
pavement
• Lake2 20 feet 20 feet
• Preserve 25 feet 10 feet
SBH = Sum of Building Heights
1 — Actual height for a permitted church steeple or bell tower only shall be 47 feet.
2— Lake setbacks are measured from the control elevation established for the lake. The
setback from the lake for all principal and accessory uses may be 0' providing
architectural bank treatment is incorporated into design and subject to written approval
from Project Plan Review.
3 — Including all uses under Principal Use #5.
4— Measured from the property line unless 30 feet as required by the adopted wildfire
management requirements contained in this document.
5 — Applies to the proposed PUD development located adjacent to existing neighboring
residential dwellings, external to this PUD along Moulder Drive.
Note: Nothing on this table or in this PUD shall operate as a deviation to the LDC unless it is
listed on Exhibit E of this document.
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EXHIBIT D
LEGAL DESCRIPTION:
PARCEL 1:
THE WEST 1/2 OF THE EAST 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/4 LESS THE
SOUTH 10 FEET THEREOF, THE NORTH 10 FEET THEREOF AND THE PROPERTY
CONVEYED TO COLLIER COUNTY BY DEEDS RECORDED IN BOOK 3252, PAGE 226
AND BOOK 3252, PAGE 230 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, BEING IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA.
PARCEL 2:
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHEAST 1/4, LESS THE SOUTH 20 FEET THEREOF, SECTION 30, TOWNSHIP 48
SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 3:
THE EAST ONE-HALF OF THE SOUTH ONE-HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER, LESS THE EAST 30
FEET (30') THEREOF, SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA.
PARCEL 4:
THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER (NW 1/4) OF THE
SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4)
OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST LESS THE NORTH 20 FEET
THEREOF, COLLIER COUNTY, FLORIDA.
PARCEL 5:
THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THE NORTH 188.20 FEET FOR RIGHT-OF-WAY; LESS THE EAST
30 FEET THEREOF FOR EGRESS AND INGRESS, AND LESS THE WEST 150 FEET
THEREOF.
PARCEL 6:
THE SOUTHEAST QUARTER (SE 1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF THE
NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER(NE 1/4), LESS THE
EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS
AND
THE EAST ONE HALF (E 1/2) OF THE NORTH ONE HALF (N 1/2) OF THE NORTHEAST
QUARTER (NE 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE NORTHEAST
QUARTER (NE 1/4), LESS THE EAST 30 FEET THEREOF, FOR INGRESS AND EGRESS.
ALL IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY,
FLORIDA.
TOGETHER WITH
THE NORTH 20 FEET OF THE EAST ONE-HALF OF THE NORTHWEST ONE QUARTER
(NW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-
QUARTER(NE 1/4) OF SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER
COUNTY, FLORIDA.
(OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753)
AND
THE SOUTH 20 FEET OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4, SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
(OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753)
AND
THE SOUTH 20 FEET OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE
NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 27 EAST, COLLIER COUNTY, FLORIDA.
(OFFICIAL RECORDS BOOK 4874, PAGES 1750-1753)
tC ■
EXHIBIT F
DEVELOPMENT COMMITMENTS:
ENVIRONMENTAL
1. Required preserve area per sec. 6.1.2.a of the conservation and coastal management
element: 40%of the native vegetation present, not to exceed 25%of the total site area
2. Preserve calculation (not to exceed 25%of the total site area):
Native Vegetation—22.96 ac. x 0.40 =9.18 ac.
or Total site area 35.6 ac x 0.25 = 8.9 ac
3. The property owner and or their assigns may reduce the on-site preserve by 1.59 acres
(Tract B2) in accordance with Section 6.1.2(7)a.1 of the Conservation and Coastal
Management Element where an off-site mitigation preservation may be permitted at a
ratio of 1:1 if said off-site mitigation is within designated Sending Lands or at a ratio of
1.5:1 anywhere else.
4. Native plantings in all three strata shall be required to be added to the preserve areas
where there is removal of non-native and/or nuisance vegetation. Any areas previously
cleared shall be re-created with the aforementioned native planting in all three strata. This
includes, but is not limited to the area of preserve area connecting Tracts B1 and B2 as
shown on the master plan. A planting plan shall be submitted at the time of application
for plat or site plan approval following the approval of the rezone.
TRANSPORTATION
1. Access to this parcel shall be limited to ingress and egress access points per the master
concept plan (Exhibit C). The direct access point on Immokalee Road is limited to a right
in, right out function.
2. The maximum trip generation allowed by any combination of the proposed uses (both
primary and ancillary) may not exceed 402 p.m. peak hour, two way trips; as analyzed by
the traffic study associated with this project.
3. For services and other periods and events of significant traffic generation, as determined
by Collier County Transportation Staff, the property owner shall provide traffic control
by law enforcement or a law enforcement approved service provider as directed by
Collier County Transportation Staff, with staffing and locations(s) as directed by the
County Manager or his designee.
4. The developer, or his/her assigns, shall agree to contribute their proportionate share
payment toward the at-grade intersection improvements currently planned by the County
at the intersection of Immokalee and 951. Payment shall be required as part of any
subsequent development order that adversely impacts or causes failure at the intersection.
Any payment shall be considered site related.
5. Should a traffic signal meet signal warrants for installation at the intersection of
Immokalee Road and either Rivers Road or Moulder Drive, the developer, or his/her
assigns shall agree to contribute their proportionate fair share payment of the costs of
signalization. Any payment shall be considered site related.
PUBLIC UTILITIES
1. Water distribution, sewage collection and transmission facilities serving the project are to
be designed, constructed, conveyed, owned, and maintained in accordance with Collier
County Ordinance 2004-31 as amended, and other applicable County rules and
regulations.
2. The applicant has conveyed to Collier County a well-site easement located in a
previously impacted area in the southeast portion of the subject property. The easement
measures approximately 50 feet by 70 feet and shall be accessed via the Cannon
Boulevard access easement. The County will obtain all necessary South Florida Water
Management District permits associated with utilization of the site for the requested
purpose.
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 Living Word Family Church, Inc. 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.
WILDFIRE PREVENTION AND MITIGATION PLANNING
1. Access—All vehicular access points and all drive aisles shall provide adequate width and
turning radii to accommodate emergency vehicle access (including largest fire trucks),
and provide access to all structures and parking areas located on-site.
2. Vegetation — Florida Forest Service may conduct wildfire mitigation and community
outreach in areas of greatest wildfire concern; structure setbacks will provide a 30 ft.
defensible space around the site; principal structure setbacks will provide greater than a
25 ft. defensible of space from the on-site preserve area, and; non-highly flammable
vegetation/landscaping is encouraged in this preserve setback area; setbacks from outlets
for/connections to ground well or water tank (if subterranean), or around water tank (if
surface), and around fire hydrants will provide a distance of 25 feet defensible space;
landscape buffer plantings shall be limited to those listed in Florida Forest Service
publications and plant density to follow crown (tree top) spacing guidelines. The
following plants are prohibited from required landscaping and landscape buffers: Saw
Palmetto, Wax Myrtle, Yaupon, Red Cedar, Bald Cypress, young Slash Pine trees, and
Gallberry; and, the following plants are prohibited on the site: Red Cedar, Arborvitae and
Italian Cypress [because detrimental to seniors/forms of senior living facility].
3. Fire protection — A ground well or water tank shall accommodate fire protection during
development and until the site is connected to Collier County water system. Once the site
is connected to Collier County water system, the on-site fire protection system shall
include at least two (2) pressurized fire hydrants.
4. Other factors — Dry detention areas located around the perimeter of the subject property
shall be designed, constructed and maintained to serve as wildfire barriers.
EMERGENCY PREPAREDNESS PLAN
An Emergency Preparedness Plan (EPP) for an ALF shall be submitted at the earliest
development review stage.
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 29, 2013
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2013-60, which was filed in this office on October 29,
2013.
Sincerely,
Liz Cloud
Program Administrator
LC/elr
Enclosure
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us