Ordinance 2015-55 ORDINANCE NO. 15 -5 5
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE
NUMBER 08-41, THE FIRST ASSEMBLY MINISTRIES EDUCATION
& REHABILITATION CAMPUS MPUD, AS AMENDED, TO REMOVE
TWO-FAMILY DWELLINGS FROM PERMITTED PRINCIPAL USES,
AND ADD DETACHED AND ATTACHED GARAGES, AND
DAYCARE SERVICES FOR CHILDREN TO PERMITTED
ACCESSORY USES IN TRACT G; TO REDUCE THE MINIMUM
FLOOR AREA FOR MULTI-FAMILY DWELLING UNITS FROM 850
SQUARE FEET TO 800 SQUARE FEET; TO REMOVE THE
PROHIBITION ON ONE BEDROOM NON-CHURCH-RELATED
DWELLING UNITS; TO ADD A CROSS REFERENCE TO A NEW
ESSENTIAL SERVICES PERSONNEL HOUSING AGREEMENT; TO
REMOVE AFFORDABLE HOUSING DEVELOPER COMMITMENTS
AND TRANSFER THEM TO THE NEW ESSENTIAL SERVICES
PERSONNEL HOUSING AGREEMENT; TO ADD NEW DESIGN
STANDARDS FOR RESIDENTIAL DEVELOPMENT ON TRACT G;
TO ADD A NEW TRANSPORTATION DEVELOPER COMMITMENT
RELATING TO RESERVATION OF RIGHT-OF-WAY ALONG THE
SOUTHERN PORTION OF THE PUD; TO ADD A NEW PLANNING
DEVELOPER COMMITMENT RELATING TO DISCLOSURE OF
SWAMP BUGGY RACES; AND TO REVISE THE PUD MASTER
PLAN TO RELOCATE THE EXISTING ACCESS POINT NEAR THE
SOUTHEAST CORNER OF THE PROPERTY TO ALIGN WITH THE
ENTRY FOR THE LORD'S WAY RPUD TO THE SOUTH FOR THE
PUD PROPERTY CONSISTING OF 69± ACRES LOCATED ON THE
EAST SIDE OF COLLIER BLVD. (C.R. 951), APPROXIMATELY 1/2
MILE NORTH OF RATTLESNAKE-HAMMOCK RD. (C.R. 864), IN
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE.
[PETITION NUMBER PUDA-PL20140002461]
WHEREAS, on July 22, 2008, the Board of County Commissioners approved Ordinance
No. 08-41, the First Assembly Ministries Education and Rehabilitation Campus Mixed Use
Planned Unit Development, in accordance with the Mixed Use Planned Unit Development
document attached thereto (the "MPUD Document"); and
WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc., representing Lord's Way
Apartments, LLC, has petitioned the Board of County Commissioners to amend Ordinance No.
08-41, the First Assembly Ministries Education and Rehabilitation Campus Mixed Use Planned
Unit Development, and the MPUD Document.
Words struck through are deleted, words underlined are added.
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION II OF THE MPUD DOCUMENT
ATTACHED TO ORDINANCE NO. 08-41, THE FIRST
ASSEMBLY MINISTRIES EDUCATION & REHABILITATION
CAMPUS MPUD
Section II, entitled "Residential Permitted Uses (Tract G)," of the MPUD Document
attached as Exhibit A to Ordinance No. 08-41, is hereby amended as follows:
II. RESIDENTIAL PERMITTED USES(TRACT G)
No building, structure or part thereof located on Tract G, shall be erected, altered or used, or land used,
in whole or part, for other than shown below:
A. PRINCIPAL USES AND STRUCTURES:
1. Multiple-family dwellings.
2. 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 AND STRUCTURES:
1. Recreational facilities that serve as an integral part of a residential development,
including but not limited to a walk path, docks, community center building and office,
pool and playgrounds.
2. Uses and structures that are accessory and incidental to the residential permitted uses
within this MPUD Ordinance including garages, detached and attached, swimming
pools, boat docks, recreational buildings, which may include daycare services for
children who reside in the community,and a tot lot for children.
3. Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning Appeals (BZA)by the
process outlined in the LDC.
C. DEVELOPMENT INTENSITY:
A maximum of 296 multi-family units are allowed on Tract G that may include three two
SECTION TWO: AMENDMENTS TO EXHIBIT B OF THE MPUD DOCUMENT
ATTACHED TO ORDINANCE NO. 08-41, THE FIRST
ASSEMBLY MINISTRIES EDUCATION & REHABILITATION
CAMPUS MPUD
Words struck through are deleted, words underlined are added.
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Exhibit B, entitled "Residential Development Standards," of the MPUD Document
attached to Ordinance No. 08-41, is hereby amended as follows:
EXHIBIT B
LISTING OF TABLES
TABLE I - RESIDENTIAL MULTI-FAMILY INCLUDING TWO FAMILY DWELLING
UNITS DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES,
FOR TRACT G
* * * * * * * * * * * * *
TABLE I
RESIDENTIAL MULTI-FAMILY _ . ! e - DWELLING UNITS
DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES
For Tract G
A.
MULTI-FAMILY e -
PRINCIPAL STRUCTURES DWELLING UNITSA
MINIMUM FRONT YARD 25 FEET
MINIMUM SIDE YARD NONE,AS LONG AS MINIMUM DISTANCE BETWEEN
STRUCTURES IS MET
MINIMUM REAR YARD 25 FEET
MINIMUM FLOOR AREA 830 800 SQUARE FEET PER DWELLING UNIT
MINIMUM SETBACK FROM NORTHERN; 35 FEET PLUS ONE FOOT FOR EACH FOOT OF BUILDING
SOUTHERN AND EASTERN MPUD HEIGHT OVER 35 FEET
BOUNDARY
MINIMUM SETBACK FROM SOUTHERN 35 FEET PLUS ONE FOOT FOR EACH FOOT OF BUILDING
MPUD BOUNDARY HEIGHT OVER 35 FEET,NOT TO EXCEED 50 FEET
MINIMUM YARDS FROM INTERNAL PAVED 10 FEET UNLESS ATTACHED TO CARPORTS,GARAGES-OR
VEHICULAR USE AREAS PORTICOS,OR GARAGES,WHETHER ATTACHED OR
DETACHED*
MINIMUM DISTANCE BETWEEN GREATER THAN 20 FEET
STRUCTURES
MULTI-FAMILY STRUCTURES---FOUR STORIES NOT TO
MAXIMUM BUILDING HEIGHT EXCEED 52 FEET AS ZONED AND NOT TO EXCEED 56
FEET ACTUAL
TWO FAMILY STRUCTURES TWO STORIES NOT TO
EXCEED 25 FEET AS ZONED AND NOT TO EXCEED 35
FEET ACTUAL
MINIMUM DISTANCE FROM LAKES 20 FEET
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* This standard does not apply to travel ways that include public rights-of-way but may include parking areas and driveways.
See Exhibit B1 typical sketch for distance of principal uses,carports,garages or porticos from travel ways.
GENERAL: Except as provided for herein, all criteria shall be understood to be in relation to individual parcel or lot boundary
lines, or between structures. Condominium, residential cooperative and/or homeowners' association boundaries shall not be
utilized for determining development standards.
B. DEVELOPMENT INTENSITY
A maximum of 296 multi-family units are allowed on Tract G_ •• - .- -- - • -•
C. ROOF TREATMENTS
All the roofs for multi family units •• ..• . - • • • - •-of tile.
D. TWO FAMILY DWELLING UNITS
TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS FOR ACCESSORY STRUCTURES
For Tract G
A.
ACCESSORY STRUCTURES
MINIMUM FRONT YARD 20 FEET
MINIMUM SIDE YARD NONE AS LONG AS MINIMUM DISTANCE BETWEEN
PRINCIPAL STRUCTURES IS MET
MINIMUM REAR YARD 20 FEET
DISTANCE FROM PRINCIPAL STRUCTURE 20 FEET OR 10 FEET FOR CARPORTS OR DETACHED
GARAGES
MAXIMUM BUILDING HEIGHT TWO STORIES NOT TO EXCEED 25 FEET AS ZONED AND
NOT TO EXCEED 35 FEET ACTUAL BUILDING HEIGHTS
MINIMUM SETBACK FROM MPUD 25 FEET
BOUNDARY
MINIMUM DISTANCE FROM INTERNAL 10 FEET UNLESS ATTACHED TO CARPORTS OR
PAVED VEHICULAR USE AREAS* GARAGES,WHETHER ATTACHED OR DETACHED*
MINIMUM DISTANCE FROM LAKES 20 FEET
*See Exhibit Bl depicting location of carport areas adjacent to vehicular use area/travel ways.
Words struck through are deleted, words underlined are added.
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* * * * * * * * * * * * *
SECTION THREE: AMENDMENTS TO EXHIBIT E OF THE MPUD DOCUMENT
ATTACHED TO ORDINANCE NO. 08-41, THE FIRST
ASSEMBLY MINISTRIES EDUCATION & REHABILITATION
CAMPUS MPUD
Exhibit E, entitled "List of Requested Deviations from Land Development Code (LDC),"
of the MPUD Document attached to Ordinance No. 08-41, is hereby amended as follows:
EXHIBIT E
LIST OF REQUESTED DEVIATIONS
FROM LAND DEVELOPMENT CODE (LDC)
* * * * * * * * * * * * *
1. Deviation No.1 seeks relief from LDC Section 4.06.02.C.4, which requires a 20 foot wide Type D
buffer along The Lord's Way,to allow this buffer to be reduced from 20 feet to 10 feet in width along
Tract G,the Multi-Family Tract. If a wall or fence is installed along the southern property boundary, it
shall be located in the middle of the landscape buffer. This deviation will also allow the existing 10 foot
wide buffer to remain on Tract A adjacent to The Lord's Way prior to the widening of The Lord's Way
and to allow this Type D buffer to remain 10 feet in width after the widening of The Lord's Way and be
relocated to the north of the existing sidewalk. The plantings in the 10 foot Type D buffer area on Tract A
shall be located just to the north of the sidewalk. (See Exhibit I, The Lord's Way Typical Cross Sections
for Tract A and G.)
* * * * * * * * * * * * *
'1.C. Deviation No. 1C seeks relief from LDC Section 6.06.02.A.1, Sidewalk and Bikelane
on one side of the access drive. Furthermore, the project includes a proposal for an extensive
internal pedestrian circulation system for access throughout the MPUD. (See MPUD Master
4.C. /l.D. Deviation No. 4C 4l4 seeks relief from LDC Section 6.06.02.A.1, which requires
a 6 foot wide sidewalk and bike lane along C.R. 951, an arterial roadway, to allow an existing 7
foot side sidewalk along a portion of the C.R. 951 road frontage on property belonging to First
Assembly Ministries to satisfy this requirement or by providing money in lieu of providing a
sidewalk. A connection will be provided from the sidewalk on the The Lord's Way to the
sidewalk which the County will construct on C.R. 951 east of the canal at the intersection of The
Lord's Way and C.R. 951.
* * * * * * * * * * * * *
SECTION FOUR: AMENDMENTS TO EXHIBIT F OF THE MPUD DOCUMENT
ATTACHED TO ORDINANCE NO. 08-41, THE FIRST
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ASSEMBLY MINISTRIES EDUCATION & REHABILITATION
CAMPUS MPUD
Exhibit F, entitled "List of Developer Commitments," of the MPUD Document attached
to Ordinance No. 08-41, is hereby amended as follows:
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
* * * * * * * * * * * * *
2. AFFORDABLE HOUSING GMP COMMITMENTS
A. A minimum of 147 of the 296 affordable-workforce and market rate housing units, as
they become available, will be offered first to persons involved in providing essential
services in Collier County. Essential services personnel (ESP) ais defined as follows:
Those individuals employed in the community as teachers, educators, other school
district employees, community college and university employees, police and fire
personnel, health care personnel, skilled building trades personnel (as listed in the U.S.
Department of Labor, General Decision No. FL 150012, dated 3/20/2015, for building
construction in Collier County, Florida, as may be amended or superceded from time to
time), and government employees.in the LDC, as further defined in the County's Local
- .. • . : ' : - . The units will be offered, for sale or for rent, pursuant to the
provisions of the approved ESP Housing Agreement between the Developer and the•County. •- . •
.. . • _ •. , - _ • _ ._ . . • _
essential services will be a minimum of 60 days from the date of the issuance of a
offered thereafter. In addition to the requirements of the approved ESP Housing
Agreement, the The developer shall comply with the following affer-dable—housing
commitments upon approval of the SDP for Tract G,the multi-family tract.
C. No more than 57 market rate dwelling units shall be constructed prior to the construction
of all affordable-workforce housing (AWH) dwelling units_ : •: . - •
Phase lA 60 SWH units+ 57 market rate units— 117 ESP units
Phase 1B 30 market rate ESP units
Phase 2 119 housing units
D. The maximum primary occupancy per dwelling unit in the 296 non-church-related•dwelling units . - - -- : -- . • - •-• •• - • • - - •
shall be as follows:
1. One bedroom units—three occupants.
2.4.7 Two bedroom units—five occupants.
3.27 Three bedroom units—seven occupants.
Words struck through are deleted, words underlined are added.
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• !!_
E. The number of one-bedroom units shall be limited to no more than 20 percent of the total
number of units provided.
F. A minimum of 75 of the required parking spaces shall be met via enclosed garages.
G. Residential development on Tract G shall conform with the following design standards:
1. Amenities. The following amenities shall be provided in association with any residential
development:
a. Resort-style swimming pool;
b. Clubhouse;
c. Outdoor barbeque facilities;
d. Fitness center;
e. Dog park;
f. Children's playground area/tot lot;
g. Tennis court or bocce ball court or pickleball court;
h. Gated entry; and
i. On-site property management if developed as a rental community.
2. Construction. The following shall be required:
a. Concrete Masonry Unit construction or concrete construction, and stucco;
b. Cement or slate tile roof or approved equivalent(asphalt shingles are prohibited);
c. Minimum 9-foot ceiling heights within first-floor of units; and
d. Paver accents at project entry.
3. TRANSPORTATION
* * * * * * * * * * * * *
A. Up to 55 feet on Tract G and a Approximately 50 feet on Tract A up to the
existing 7 foot wide sidewalk shall be reserved along the southern portion of this
MPUD for Collier County for an east/west public right-of-way corridor, a portion
of which currently includes a 30 foot easement for The Lord's Way. The right-of-
way shall be dedicated to Collier County in fee simple title and free of any
encumbrances upon request by Collier County based upon a demonstrated need
for the roadway. Incorporation into the Collier County Capital Improvement
Element shall constitute demonstrated need. The right-of-way shall be dedicated
at no cost to the County. The right-of-way shall be dedicated to Collier County
within 120 days of such demonstrated need. (See also Exhibit C-1 and Tract F on
the MPUD Master Plan.)
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B. Forty (40) feet on Tract G shall be reserved along the southern portion of this
MPUD for Collier County for an east/west public right-of-way corridor, a portion
of which currently includes a 30' easement for The Lord's Way. The public right-
of-way corridor shall include a 10' multiuse pathway on the north side of the
roadway to be constructed by an entity other than Collier County. The right-of-
way area shall be dedicated to Collier County in fee simple title and free of any
encumbrances upon request by Collier County. The right-of-way shall be
dedicated at no cost to the County. The right-of-way shall be dedicated to Collier
County within 120 days of request by Collier County.
13, C. Signalization at the Collier Boulevard/The Lord's Way intersection shall be
provided when warranted and a fair share contribution shall be provided by the
developer of this MPUD.
C, D. The right-of-way reservation for The Lord's Way shall satisfy the developer's
mitigation requirements pursuant to Policy 5.1 of the Transportation Element of
the GMP so the project can be found consistent with the GMP. (See also Exhibit
C-1, The Lord's Way Typical Cross Sections for Tracts A and G.) The mitigation
will not alter the phasing requirement set forth in Exhibit F.3.D.
I E. Residential development shall be phased. Phase One development is limited to
147 dwelling units and 10 church-related dwelling units and will commence upon
SDP approval. (See also Exhibit F.2.F.) Phase Two development will permit
construction of the remaining 149 units for any prospective property owner, plus
any units allowed but not constructed during Phase One. For the 119 dwelling
units in Phase Two, no certificate of occupancy shall be issued until
•• - - ••- - - - _ •- t of Davis Boulevard arc complete from CR
951 to Radio Road.
£- F. The existing throat length on Tract A shall remain the same after the widening of
The Lord's Way and the gatehouse shall remain in its present location.
Fi G. A sidewalk interconnection shall be required between Tracts A and G in the
vicinity of The Lord's Way and church gatehouse. (See MPUD Master Plan.)
€17 H. The cost of any (potential, future) turn lanes onto The Lord's Way created to serve
this development shall be borne by the developer, its successors, or assigns. This
commitment shall remain valid after such time that The Lord's Way has been
publicly dedicated.
14 I. A 5 foot sidewalk will be constructed within the 5 foot easement dedicated to
Collier County along The Lord's Way on Tract G, the multi-family tract. The
existing 7 foot sidewalk on Tract A shall be deemed sufficient to satisfy
pedestrian access requirements on the church's property. (See also Exhibit E.7.)
J. The developer of Tract A shall be responsible for relocating landscaping from the
existing buffer to the new buffer north of the existing sidewalk at no cost to the
Words struck through are deleted, words underlined are added.
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County and with no claims for any future disruption to the landscaping in the
event of The Lord's Way widening.
* * * * * * * * * * * * *
8. PLANNING
The developer, its successor or assignee, shall provide to any prospective resident an actual and
recorded notice with respect to the noise that is associated with the Swamp Buggy Races located
at 8250 Collier Boulevard, Naples, Florida, within the Florida Sports Park (within the Hacienda
Lakes MPUD) as it relates to the location of this PUD. The notice shall disclose that the Florida
Sports Park and Swamp Buggy operations regularly generate traffic, and noise which may be
heard on the First Assembly Ministries property, both during the day and into the evening,
including, but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music
concerts. This statement must be presented to the resident prior to entering into any contract.
SECTION FIVE: AMENDMENT TO EXHIBIT C, THE MPUD MASTER PLAN,
OF THE MPUD DOCUMENT ATTACHED TO ORDINANCE
NO. 08-41, THE FIRST ASSEMBLY MINISTRIES
EDUCATION & REHABILITATION CAMPUS MPUD
Exhibit "C", the MPUD Master Plan, of the MPUD Document attached to Ordinance No.
08-41, is deleted in its entirety and is hereby replaced by the new Exhibit "C", MPUD Master
Plan attached hereto and incorporated herein.
SECTION SIX: EFFECTIVE DATE
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 ' h day of ctob¢.c; 2015.
ATTEST:, }3: 8`"1'.1 BOARD OF COUNTY COMMISSIONERS
DWIG I :> ROCK,CLERK COLLIER COUNTY, FLORIDA
By: r By
Y' m
-Deputrelerk 1 ~ TIM NANCE, Chairman
Attest as totilairpn:v'
signature only. This ordinance filed with the
Secretory of State's Office the
Approved as to form and legality: l 'doy of Q_
and ocknowledgemen of the f
filing r ceived this day
Words struck through are deleted, words underlined are added of C%c __ 'l I_
Page 9 of 10 By %
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15-CPS-01418
Scott A. Stone
Assistant County Attorney
Attachment: Exhibit C—MPUD Master Plan
Words struck through are deleted, words underlined are added.
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 19, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Martha S. Vergara, BMR Senior 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. 15-55, which was filed in this office on October 19, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.il.us