Agenda 06/14/2022 Item # 9A (Ordinance - PL20200000114)06/14/2022
EXECUTIVE SUMMARY
This item requires that ex parte disclosure be provided by Commission members. Should a hearing
be held on this item, all participants are required to be sworn in. Recommendation to approve an
Ordinance amending Ordinance Number 08-41, the First Assembly Ministries Education &
Rehabilitation Campus MPUD, as amended, to change the name of the MPUD to Collier Boulevard
Lord’s Way MPUD; to remove the daycare use and allow the church use as an interim use for up to
5 years; to increase the number of dwelling units from 306 units to 690 units with 76 affordable
housing units; and to reallocate the uses, revise the development standards and the PUD master
plan for the PUD property consisting of 69± acres located on the northeast corner of the
intersection of Collier Blvd. (C.R. 951) and Hacienda Lakes Parkway, formerly Lord’s Way, in
Section 14, Township 50 South, Range 26 East, Collier County, Florida; and by providing an
effective date. [Petition Number PL20200000114]. (This is a companion item to 9B.)
OBJECTIVE: To have the Board of County Commissioners (Board) review staff’s findings and
recommendations along with the recommendations of the Collier County Planning Commission (CCPC)
regarding the above-referenced petition and render a decision regarding the petition; and ensure the
project is in harmony with all the applicable codes and regulations in order to ensure that the community's
interests are maintained.
CONSIDERATIONS: Collier Boulevard Lord’s Way MPUD, formerly known as First Assembly
Ministries Education and Rehabilitation Campus MPUD, was approved by Ordinance Number 08 -41on
July 22, 2008. (See Attachment B-Ordinance Number 08-41.) There has been one amendment to
Ordinance Number 08-4, Ordinance Number 15-55. (See Attachment C-Ordinance Number 15-55). A
companion Growth Management Plan amendment is also proposed, the Collier Boulevard Lord’s Way
Mixed-Use Subdistrict (PL20200000115), to authorize the proposed changes.
The petitioner is proposing the following changes with this amendment:
• Change the name of the First Assembly Ministries Education & Rehabilitation Campus MPUD to
Collier Boulevard Lord’s Way MPUD;
• Remove the daycare use and allow the church use as an interim use for up to 5 years;
• Add group housing/Adult Living Facilities (ALF) as a land use;
• Increase the number of single-family attached or multi-family dwelling units by 384, from 306
units to 690 units at a density of 10.03 dwelling units per acre;
• Of the 384 additional dwelling units, 76 units will be affordable; and
• Reallocate the uses, revise the development standards and the Master Plan.
The Master Plan has been revised to show the location of the proposed residential area within the
proposed Mixed-Use Subdistrict area. For further information, see Attachment A-Proposed PUD
Ordinance.
FISCAL IMPACT: The PUD amendment by and of itself will have no fiscal impact on Collier County.
There is no guarantee that the project, at build-out, will maximize its authorized level of development.
However, if the PUD amendment is approved, a portion of the land could be developed and the new
development will result in an impact on Collier County public facilities.
The County collects impact fees prior to the issuance of building permits to help offset the impacts of
each new development on public facilities. These impact fees are used to fund projects identified in the
Capital Improvement Element of the Growth Management Plan as needed to maintain the adopted Level
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of Service (LOS) for public facilities. Additionally, in order to meet the requirements of concurrency
management, the developer of every local development order approved by Collier County is required to
pay a portion of the estimated Transportation Impact Fees associated with the project in accordance with
Chapter 74 of the Collier County Code of Laws and Ordinances. Other fees collected prior to issuance of
a building permit include building permit review fees. Finally, additional revenue is generated by the
application of ad valorem tax rates, and that revenue is directly related to the value of the improvements.
Please note that impact fees and taxes collected were not included in the criteria used by staff and the
Planning Commission to analyze this petition.
GROWTH MANAGEMENT PLAN (GMP) IMPACT: Future Land Use Element (FLUE):
Comprehensive Planning staff finds the proposed PUD Amendment consistent with the Future Land Use
Element.
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION: The CCPC
heard petition PUDA-PL20200000114, Collier Boulevard Lord’s Way Mixed-use Planned Unit
Development (MPUD) on April 7, 2022, and by a vote of 6 to 0 recommended to forward this petition to
the Board with a recommendation of approval subject to the following stipulations related to the approval
of Sign Deviation #3:
1. The sign shall be limited to 64 s.f. on each side.
2. The sign shall be limited to the identification of a maximum of five communities.
The requested revisions have been made. Therefore, this petition has been placed on the Summary
Agenda.
LEGAL CONSIDERATIONS: This is an amendment to the existing First Assembly Ministries
Education and Rehabilitation Campus Mixed-Use PUD (Ordinance 08-41, as amended) now known as
Collier Boulevard Lord’s Way MPUD. The burden falls upon the applicant to prove that the proposed
amendment is consistent with all the criteria set forth below. The burden then shifts to the Board of
County Commissioners (BCC), should it consider denying the amendment, to determine that such denial
would not be arbitrary, discriminatory, or unreasonable. This would be accomplished by finding that the
proposal does not meet one or more of the listed criteria below.
Criteria for PUD Amendment:
Ask yourself the following questions. The answers assist you in making a determination for approval
or not.
1. Consider: The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
2. Is there an adequacy of evidence of unified control and suitability of agreements, contract, or
other instruments or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense? Findings and
recommendations of this type shall be made only after consultation with the County Attorney.
3. Consider: Conformity of the proposed PUDA with the goals, objectives, and policies of the
Growth Management Plan.
4. Consider: The internal and external compatibility of proposed uses, which conditions may
include restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
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5. Is there an adequacy of usable open space areas in existence and as proposed to serve the
development?
6. Consider: The timing or sequence of development (as proposed) for the purpose of assuring
the adequacy of available improvements and facilities, both public and private.
7. Consider: The ability of the subject property and of surrounding areas to accommodate
expansion.
8. Consider: Conformity with PUDA regulations, or as to desirable modifications of such
regulations in the particular case, based on determination that such modifications are justified
as meeting public purposes to a degree at least equivalent to literal application of such
regulations.
9. Will the proposed change be consistent with the goals, objectives, and policies and future
land use map, and the elements of the Growth Management Plan?
10. Will the proposed PUD Amendment be appropriate considering the existing land use pattern?
11. Would the requested PUD Amendment result in the possible creation of an isolated district
unrelated to adjacent and nearby districts?
12. Consider: Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
13. Consider: Whether changed or changing conditions make the passage of the proposed
amendment necessary.
14. Will the proposed change adversely influence living conditions in the neighborhood?
15. Will the proposed change create or excessively increase traffic congestion or create types o f
traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety?
16. Will the proposed change create a drainage problem?
17. Will the proposed change seriously reduce light and air to adjacent areas?
18. Will the proposed change adversely affect property values in the adjacent area?
19. Will the proposed change be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations?
20. Consider: Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
21. Are there substantial reasons why the property cannot (“reasonably”) be used in accordance
with existing zoning? (a “core” question…)
22. Is the change suggested out of scale with the needs of the neighborhood or the county?
23. Consider: Whether it is impossible to find other adequate sites in the county for the
proposed use in districts already permitting such use.
24. Consider: The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses under the
proposed zoning classification.
25. Consider: The impact of development resulting from the proposed PUD Amendment on the
availability of adequate public facilities and services consistent with the levels of service
adopted in the Collier County Growth Management Plan and as defined and implemented
through the Collier County Adequate Public Facilities Ordinance [Code ch.106, art.II], as
amended.
26. Are there other factors, standards, or criteria relating to the PUD Amendment request that the
Board of County Commissioners shall deem important in the protection of the public health,
safety, and welfare?
The Board must base its decision upon the competent, substantial evidence presented by the written
materials supplied to it, including but not limited to the Staff Report, Executive Summary, maps, studies,
letters from interested persons and the oral testimony presented at the BCC hearing as these items relate
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to these criteria. The proposed Ordinance was prepared by the County Attorney’s Office. This item has
been approved as to form and legality, and requires an affirmative vote of four for Board approval.
(HFAC)
RECOMMENDATION: Staff concurs with the recommendation of the CCPC and further recommends
that the Board approves the request for PUDA-PL20200000114, Collier Boulevard Lord’s Way MPUD.
Prepared by: Nancy Gundlach, AICP, PLA, Principal Planner, Zoning Services Division,
Growth Management Department
ATTACHMENT(S)
1. Attachment A-Proposed PUD Ordinance - 041322(1) (PDF)
2. STAFF REPORT Collier Blvd Lord's Way 3-28-22A (PDF)
3. Attachment B-1-NIM 1 Summary 5-5-21 (PDF)
4. Attachment B-2-NIM 2 Summary 12-7-21 (PDF)
5. [Linked] Attachment C-Application 3-22-22 (PDF)
6. legal ad - agenda IDs 21925 & 21999 (PDF)
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COLLIER COUNTY
Board of County Commissioners
Item Number: 9.A
Doc ID: 22348
Item Summary: *** This Item continued from May 24, 2022, BCC Meeting. *** This item
requires that ex parte disclosure be provided by Commission members. Should a hearing be held on this
item, all participants are required to be sworn in. Recommendation to approve an Ordinance amending
Ordinance Number 08-41, the First Assembly Ministries Education & Rehabilitation Campus MPUD, as
amended, to change the name of the MPUD to Collier Boulevard Lord’s Way MPUD; to remove the
daycare use and allow the church use as an interim use for up to 5 years; to increase the number of
dwelling units from 306 units to 690 units with 76 affordable housing units; and to reallocate the uses,
revise the development standards and the PUD master plan for the PUD property consisting of 69± acres
located on the northeast corner of the intersection of Collier Blvd. (C.R. 951) and Hacienda Lakes
Parkway, formerly Lord’s Way, in Section 14, Township 50 South, Range 26 East, Collier County,
Florida; and by providing an effective date. [Petition Number PL20200000114]. (This is a companion
item to 9B.)
Meeting Date: 06/14/2022
Prepared by:
Title: Sr. Operations Analyst – County Manager's Office
Name: Geoffrey Willig
05/25/2022 12:13 PM
Submitted by:
Title: – Zoning
Name: Mike Bosi
05/25/2022 12:13 PM
Approved By:
Review:
Growth Management Department Geoffrey Willig Growth Management Department Skipped 05/25/2022 12:11 PM
Zoning Geoffrey Willig Zoning Director Review Skipped 05/25/2022 12:13 PM
Growth Management Department Geoffrey Willig Growth Management Skipped 05/25/2022 12:11 PM
Growth Management Department Geoffrey Willig Transportation Skipped 05/25/2022 12:11 PM
County Attorney's Office Geoffrey Willig Level 2 Attorney of Record Review Skipped 05/25/2022 12:11 PM
County Attorney's Office Geoffrey Willig Level 3 County Attorney's Office Review Skipped 05/25/2022 12:11 PM
Office of Management and Budget Geoffrey Willig Additional Reviewer Skipped 05/25/2022 12:11 PM
Office of Management and Budget Geoffrey Willig Level 3 OMB Gatekeeper Review Skipped 05/25/2022 12:11 PM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 06/01/2022 9:48 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 06/14/2022 9:00 AM
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Packet Pg. 30 Attachment: Attachment A-Proposed PUD Ordinance - 041322(1) (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
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EXHIBIT A
FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS
COLLIER BLVD. LORD’S WAY MPUD
CHURCH RELATED USES AND DEVELOPMENT INTENSITY
I. CHURCH RELATED PERMITTED USES (TRACTS A-E) PROJECT DESCRIPTION The First Assembly Ministries Education and Rehabilitation Campus Collier Blvd. Lord’s Way MPUD will include a mixture of residential dwelling types and a communications tower land uses for religious, community social services, and residential uses in a campus-type setting. This wide mixture of land uses is also intended to provide some services on-site, which will provide convenience for the many non-mobile residents and minimize traffic generation from the campus. The key facilities at build-out will include a maximum of: an auditorium for predominantly church use with 2200 seats, a chapel with 200 seats, and a private school for 300 students in elementary and secondary schools or Bible College, a care unit facility with 249 care beds and a facility for 300 day care units 690 multifamily dwelling units and/or single-family attached units; and/or an assisted living facility, as well as an existing communications tower. The care beds will be located in the educational complex on Tract A (183), 66 beds in the Rehabilitation Center on Tract A and 20 beds will be located in the multi-family/multi-purpose facility on Tract A until such time as the rehabilitation center on Tract A is completed. Tracts B & D are intended for uses accessory to the principal use of residential development, such as water management, access, parking, or landscaping. Tract B coincides with an existing FPL easement and permitted land uses are therefore limited. Tract D delineates existing and proposed lakes. 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:
A. II. PRINCIPAL USES AND STRUCTURES AND SIC CODES: (TRACTS A, A-1, &
CE)
Land Use Type Tract
1. Religious organizations (Group 8661, limited to churches and religious organizations) A
2. Private elementary and secondary schools (Group 8211, limited to vocational high school
and colleges, universities and professional schools) (Group 8221, limited to theological
seminaries). A
3. Residential care units (Group 8361 – maximum of 249 beds, limited to: a) Alcoholism rehabilitation centers, residential, with health care incidental; b) Drug rehabilitation centers, residential, with health care incidental; c) Homes for children, with health care incidental; and d) Homes for destitute Men and Women). A
4. Child daycare services (Group 8351, limited to child care centers). A
5. Rehabilitative service center specialty outpatient facilities, not classified elsewhere (Group
8093, limited to outpatient detoxification Centers*). A
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a) Job training (Group 8331, limited to Job Training). A, C
b) Individual and family social services (Group 8322, limited to: 1) adult day care centers; 2) counseling centers; and 3) hotlines). A
c) Specialty hospitals, except psychiatric (Group 8069, limited to: 1) alcoholism rehabilitation hospital; and
2) drug addiction rehabilitation hospital). A
d) Social services – not classified elsewhere (Group 8399, limited to social service
information exchange e.g., alcoholism, drug addiction). A
1. Single-family attached or multiple family dwellings A, A-1, C
2. Nursing homes, independent living facilities or assisted
living facilities (ALF) pursuant to F.S. § 400.402 and ch.
58A-5 F.A.C., family care facilities, group care facilities
(category I) limited to persons 55 and over; care units, A, A-1, C
and continuing care retirement communities pursuant
to F.S. § 651 and ch. 4-193 F.A.C. all subject to LDC
section 5.05.04 excluding homeless shelters, foster care
facilities, offender halfway houses, and substance abuse
care facilities (hereinafter “Group Housing”).
3. Communications tower (Group 4832 and 4833, limited to one only) C
6. 4. 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) or Hearing Examiner by
the process outlined in the Land Development Code (LDC). *Principally for on-site residents only, however, an incidental component of the program is to allow past program residents or social service agency referrals to attend programs comprising no more than 10% of program participants.
III. USES AND STRUCTURES (TRACTS B & D)
1. Parking, landscaping, cross-access easements B
within FPL right-of-way, subject to FPL approval.
2. Drainage facilities. B, D
B. IV. ACCESSORY USES AND SIC CODES (TRACTS A, A-1 & C-D)
Accessory uses are uses that are only accessory to permitted religious or institutional uses, temporary or periodic in nature. Accessory uses shall be of a lesser area than the size of the principal uses in which they are located. Accessory uses are principally for on-site residents only, however, an incidental component of the program is to allow past program residents or social service agency referrals to attend programs comprising no more than 10% of program participants. Accessory uses shall principally generate their activity from the principal permitted uses for the subject property, including their traffic’s trip generation so as to minimize external impacts to adjacent properties and the external roadway network. Uses accessory to a permitted principal use may be located on Tract C in support of principal uses on Tracts A and A-1.
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Land Use Type Tract 1. Coin-operated laundries (Group 7215, limited to coin-operated laundries). A, C 2. Radio broadcasting stations and tower (church use) (Group 4832, limited to one only). A, C 3. Television broadcasting station and tower (church use) (Group 4833, limited to one only).
A, C 4. Book stores for church and school only (Group 5942, limited to a maximum of two). A 5. Cemetery, including mausoleum, accessory to the church use only. A 6. Christian memorial per MPUD Master Plan. A 7. Guard house/campus security office. A 8. Cafeterias that are not soup kitchens (shall be an integral part of a principal use for on-site residents and visitors utilizing permitted principal uses on the campus only). A 9. Help supply services for residents only (Group 7363, limited to labor pool only and limited to residents only). A 10. Overnight parking for visitors in recreational vehicles or busses (see Exhibit B, Table IV.C.) C
11. 1. Recreational facilities for residents of the MPUD,
including but not limited to: gymnasiums, football
fields, baseball fields, soccer fields, basketball courts, A, A-1, B, C, D
swimming pools, tennis courts, shuffle board courts,
waterways for canoeing, gazebo, boat/fishing docks
and boardwalks, playgrounds. 12. Grassed parking area for overflow parking within FPL right-of-way. B 13. Administrative services for principal uses including offices, meeting and conference rooms for the church and rehabilitative center. A 14. Ten multi-family units for church employees in the multi-family/multi-purpose building. A 15. Motor Vehicle Dealers (Group 5211, with sales limited to used vehicles that have been repaired in conjunction with the Rehabilitation Center use on site, and further limited as shown in Table IV.D. C 16. Recreational Vehicle Dealers (Group 5561, with sales limited to used recreational vehicles that have been repaired in conjunction with the Rehabilitation Center use on site, and further limited as shown in Table IV.D. C
2. Detached parking garages A, A-1, C
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3. Water management facilities A, A-1, C
17. 4. 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) or Hearing Examiner
by the process outlined in the LDC.
CV. PRESERVE SUBDISTRICT USES AND STRUCTURES (TRACT E)
No building or structure or part thereof shall be erected, altered or used, or lands used in whole or part other than the following:
A. Permitted Uses and Structures:
1. Passive recreation areas.
2. Water management facilities in wetlands and water management structures.
3. Mitigation areas.
4. Boardwalks and trails.
5. 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) or Hearing Examiner by the process outlined in the LDC. IIVI. 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.
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C. DEVELOPMENT INTENSITY: A maximum of 296 multi-family units are allowed on Tract G. IIIVII. RIGHT-OF-WAY EASEMENT (TRACT F) Use of this tract is limited to rights-of-way. IV. PROHIBITED USES Soup kitchens shall be a prohibited principal and accessory use throughout this entire MPUD Zoning District. VIII. INTERIM USE Religious organizations (Group 8661, limited to churches and religious organizations) shall be permitted to continue within Tract A for a time not to exceed 5 years from the date of approval of this Ordinance or until such time that a Site Development Plan has been approved for the development of residential units within Tract A, whichever occurs first. After five years from the date of approval of this Ordinance, or when a SDP has been approved for the residential development within Tract A, the identified religious organization use shall cease and is no longer deemed permitted. Further, if the structure of the religious organization is to be destroyed by any means to an extent of more than 50% of its replacement cost at time of destruction, it shall not be reconstructed.
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EXHIBIT B
FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION
CAMPUS COLLIER BLVD. LORD’S WAY MPUD
RESIDENTIAL DEVELOPMENT STANDARDS
LISTING OF TABLES
TABLE I - RESIDENTIAL MULTI-FAMILY DWELLING UNITS DEVELOPMENT
STANDARDS FOR PRINCIPAL STRUCTURES, FOR TRACT G 2
TABLE II - RESIDENTIAL DEVELOPMENT STANDARDS FOR ACCESSORY
STUCTURES, FOR TRACT G 3
TABLE III - DEVELOPMENT STANDARDS FOR CHURCH RELATED
PRINCIPAL STRUCTURES, FOR TRACTS A, A-1, B, C 4
TABLE IV - DEVELOPMENT STANDARDS FOR CHURCH RELATED
ACCESSORY STRUCTURES, FOR TRACTS A, A-1, B, C 5
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TABLE I
RESIDENTIAL MULTI-FAMILY DWELLING UNITS
DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES
For Tract G
A.
PRINCIPAL STRUCTURES MULTI-FAMILY DWELLING UNITS*
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 800 SQUARE FEET PER DWELLING UNIT
MINIMUM SETBACK FROM
NORTHERN, AND EASTERN
MPUD BOUNDARY
35 FEET PLUS ONE FOOT FOR EACH FOOT
OF BUILDING HEIGHT OVER 35 FEET
MINIMUM SETBACK FROM
SOUTHERN MPUD BOUNDARY
35 FEET PLUS ONE FOOT FOR EACH FOOT
OF BUILDING HEIGHT OVER 35 FEET, NOT
TO EXCEED 50 FEET
MINIMUM YARD FROM
INTERNAL PAVED VEHICULAR
USE AREAS
10 FEET UNLESS ATTACHED TO
CARPORTS, GARAGES OR PORTICOS, OR
GARAGES, WHETHER ATTACHED OR
DETACHED*
MINIMUM DISTANCE BETWEEN
STRUCTURES GREATER THAN 20 FEET
MAXIMUM BUILDING HEIGHT
MULTI-FAMILY STRUCTURES --- FOUR
STORIES NOT TO EXCEED 52 FEET AS
ZONED AND NOT TO EXCEED 56 FEET
ACTUAL
MINIMUM DISTANCE FROM
LAKES 20 FEET
* 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.
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TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS FOR ACCESSORY STUCTURES
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 BOUNDARY 25 FEET
MINIMUM DISTANCE FROM
INTERNAL PAVED VEHICULAR
USE AREAS*
10 FEET UNLESS ATTACHED TO
CARPORTS OR GARAGES, WHETHER
ATTACHED OR DETACHED*
MINIMUM DISTANCE FROM
LAKES 20 FEET
* See Exhibit B1 depicting location of carport areas adjacent to vehicular use area/travel
ways.
* Does not apply to public right of way.
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TABLE III
DEVELOPMENT STANDARDS FOR PRINCIPAL STRUCTURES
For Tracts A, A-1, B, C
A.
PRINCIPAL
STRUCTURES
MINIMUM FLOOR AREA
FOR CARE UNITS 275 SQUARE FEET
MINIMUM FLOOR AREA
FOR MULTI-FAMILY
UNITS
700 600 SQUARE FEET
MINIMUM SETBACK
FROM NORTHERN, and
SOUTHERN (LORD’S
WAY) AND EASTERN
MPUD BOUNDARY
35 FEET PLUS ONE FOOT OF SETBACK FOR EACH
FOOT OF ZONED BUILDING HEIGHT OVER 35
FEET *
MINIMUM SETBACK
FROM WESTERN MPUD
BOUNDARY (CR 951)
100 FEET
MINIMUM FRONT YARD
(INTERNAL ROADWAYS)
20 100 FEET ALONG CR 951, 35 FEET ALONG THE
LORD’S WAY AND 25 FEET ELSEWHERE
MINIMUM SETBACK FOR
MULTIFAMILY
BUILDINGS ON TRACTS
A-1 & C FROM TRACT
BOUNDARY WITH
TRACT G
15 FEET FOR A 2-STORY BUILDING
25 FEET FOR A 3-STORY BUILDING
35 FEET FOR A 4-STORY BUILDING
MINIMUM REAR YARD 5 FEET
MINIMUM SIDE YARD NONE AS LONG AS DISTANCES BETWEEN
STRUCTURES ARE MET
MINIMUM YARD
DISTANCE FROM
INTERNAL PAVED
VEHICULAR USE
AREAS**
10 FEET (0’ WHEN PAVED AREAS CONNECT TO
GARAGES ATTACHED TO BUILDING) *
MINIMUM DISTANCE
BETWEEN STRUCTURES
GREATER THAN 20 10’ FOR TWO STORY
STRUCTURES, 15’ FOR THREE STORIES AND 20’
FOR FOUR STORIES OR HIGHER
MAXIMUM BUILDING
HEIGHT
FIVE FOUR STORIES NOT TO EXCEED 67 52 FEET
AS ZONED BUILDING HEIGHT AND NOT TO
EXCEED 74 56 FEET ACTUAL BUILDING HEIGHT
FOR MULTIFAMILY DWELLING UNITS AND
GROUP HOUSING. CHURCH, EDUCATION
FACILITY AND CARE UNITS. ALL OTHERS-
THREE STORIES IN HEIGHT NOT TO EXCEED 40
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* Excludes public right of way
** Vehicle use defined as drive aisle.
FEET ZONED HEIGHT AND NOT TO EXCEED 45
FEET ACTUAL HEIGHT. THE HEIGHT TO THE TOP
OF THE STEEPLE OF THE WORSHIP CENTER
SHALL NOT EXCEED104 FEET.
SETBACK RADIO
COMMUNICATIONS
TOWER
SHALL BE SEPARATED A MINIMUM OF ITS FALL
ZONE RADIUS (BASED ON THE HEIGHT OF THE
EXISTING STRUCTURE) OF 170 FEET FROM ANY
HABITABLE STRUCTURE. 20’ SEPARATION FROM
NON-HABITABLE STRUCTURES INCLUDING
PARKING GARAGES, AMENITY BUILDINGS OR
RECREATIONAL FACILITIES.
HEIGHT –
COMMUNICATIONS
TOWER
170 FEET
PRESERVE AREA 25 FEET
SPECIAL MINIMUM
SETBACK
FOR THE MULTI-
FAMILY/MULTI-
PURPOSE BLDG. ON
TRACT A EAST OF FPL
EASEMENT
3 FEET FROM TRACT BOUNDARY; AND
NO STRUCTURE IN THAT PORTION OF TRACT A
LOCATED EAST OF THE FPL EASEMENT SHALL
BE CONSTRUCTED WITHIN 60 FEET OF ANY
RESIDENTIAL STRUCTURE (SEE ALSO EXHIBIT B-
1 DEPICTING THE MULTI-FAMILY/MULTI-
PURPOSE BUILDING SETBACK)
LAKE SETBACK 20 FEET
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TABLE IV
DEVELOPMENT STANDARDS FOR ACCESSORY STUCTURES
CHURCH RELATED USES For TRACTS A, A-1, B, C
A.
*Fishing docks shall not intrude into the landscape buffer.
**The monument honoring the National Christian Armed Forces will have a maximum height of thirty-
five (35) feet and it shall be located no closer than 50 feet from the western edge of this MPUD on the
Master Plan.
B. SIGNAGE REQUIREMENTS
Accessory uses shall have no signage visible from The Lord’s Way or CR 951 and signage shall only be
permitted at entries to their respective buildings with on-premise directional signs. No advertising shall
be permitted for accessory uses other than with materials directly associated with principal uses, such as
ACCESSORY
STRUCTURES CHURCH
RELATED USES *
MINIMUM FRONT YARD
25 FEET ALONG THE LORD’S WAY; 50 FEET
ALONG CR 951 EXCEPT FOR FISHING DOCKS *
SAME AS PRINCIPAL STRUCTURES
MINIMUM SIDE YARD SAME AS PRINCIPAL STRUCTURES
MINIMUM REAR YARD 20 5 FEET
DISTANCE FROM
PRINCIPAL STRUCTURE 20 FEET
MAXIMUM BUILDING
HEIGHT
TWO STORIES NOT TO EXCEED 30 FEET ZONED
BUILDING HEIGHT AND NOT TO EXCEED 35 FEET
ACTUAL BUILDING HEIGHT
PRESERVE AREA
SETBACK 10 FEET
MINIMUM SETBACK
FROM MPUD
BOUNDARY
25 20 FEET OR FRONT YARD SETBACK,
WHICHEVER IS GREATER
MINIMUM SETBACK FOR
STRUCTURES ON
TRACTS A-1 & C FROM
TRACT BOUNDARY
WITH TRACT G
15 FEET
MINIMUM DISTANCE
FROM LAKES 20 FEET
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church bulletins, flyers and circulars available to residents, employees, members, program participants
and patrons of the principal uses (see also Exhibit A pertaining to accessory uses).
C. PARKING OF RECREATIONAL VEHICLES (RV’S)
Parking for RV vehicles is limited to Tracts A and C only and there shall be no more than three
consecutive night stays permitted for each vehicle. A maximum of 25 RVs may be parked at any one
time. This parking area shall be only for self-contained vehicles that include sanitary facilities. The
developer shall provide a dump station on site for use of residents only that is sufficient to serve the
maximum number of RVs that may be parked at one time.
D. SALE OF RECREATIONAL VEHICLES (RV’S) AND USED CARS
Combined sales of RVs and used cars shall be limited to a maximum of 10 sales per year. A maximum
of 3 vehicles may be stored or held for sale at any one time on Tract C at the repair site. No vehicles
shall be stored on any other Tract. All storage, repairs and sales must be conducted inside a fully
enclosed structure limited to Tract C only. Compliance with this provision shall be submitted as part of
the annual PUD Monitoring Report.
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EXHIBIT D
LEGAL DESCRIPTION
THE SOUTH 1/2 OF THE NW 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING:
THE EAST 1/2 OF THE EAST 1/2 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
AND
THE WEST 100 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
AND
A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF SECTION
14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE
RUN S 00°49'12" W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF SAID
SECTION 14, FOR A DISTANCE OF 1,338.98 FEET TO A POINT ON THE NORTH LINE OF
THE SOUTH HALF OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE
RUN N 87°28'39" E ALONG THE NORTH LINE OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,593.26 FEET TO
THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE
CONTINUE N 87°28'39" E ALONG THE NORTH LINE OF THE SOUTH HALF OF THE
NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 745.63 FEET TO A
POINT ON THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE
SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14;
THENCE RUN S 00°48'18" W ALONG THE EAST LINE OF THE WEST HALF OF THE EAST
HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 14, FOR A DISTANCE OF 1,341.33 FEET TO A POINT ON THE SOUTH LINE OF
THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE RUN S 87°31'14" W
ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14, FOR
A DISTANCE OF 883.82 FEET; THENCE RUN N 00°48'13" E FOR A DISTANCE OF 213.59
FEET; THENCE RUN N 22°19'04" W FOR A DISTANCE OF 94.95 FEET; THENCE RUN N
00°18'59" E FOR A DISTANCE OF 216.38 FEET; THENCE RUN N 87°28'12" E FOR A
DISTANCE OF 172.03 FEET; THENCE RUN N 66°03'38" E FOR A DISTANCE OF 117.91
FEET; THENCE RUN N 00°32'14" E FOR A DISTANCE OF 441.42 FEET; THENCE RUN S
87°28'12" W FOR A DISTANCE OF 80.31 FEET; THENCE RUN N 02°31'00" W FOR A
DISTANCE OF 335.86 FEET TO THE POINT OF BEGINNING.
ALSO,
(AS DESCRIBED IN AMERICAN LAND TITLE ASSOCIATION TITLE COMMITMENT
FILE NO.: 19042574 DEH, EFFECTIVE DATE: APRIL 5, 2019 AT 8:00 AM)
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A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE NORTHWEST CORNER OF SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S 00°49'12" W ALONG
THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14, FOR A
DISTANCE OF 1,338.98 FEET TO A POINT ON THE NORTH LINE OF THE SOUTH HALF
OF THE NORTHWEST QUARTER OF SAID SECTION 14; THENCE RUN N 87°28'39" E
ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF
SAID SECTION 14, FOR A DISTANCE OF 1,593.26 FEET TO THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N 87°28'39" E
ALONG THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF
SAID SECTION 14, FOR A DISTANCE OF 745.63 FEET TO A POINT ON THE EAST LINE
OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 14; THENCE RUN S 00°48'18" W ALONG
THE EAST LINE OF THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE
OF 1,341.33 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER
OF SAID SECTION 14; THENCE RUN S 87°31'14" W ALONG THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 883.82 FEET;
THENCE RUN N 00°48'13" E FOR A DISTANCE OF 213.59 FEET; THENCE RUN N
22°19'04" W FOR A DISTANCE OF 94.95 FEET; THENCE RUN N 00°18'59" E FOR A
DISTANCE OF 216.38 FEET; THENCE RUN N 87°28'12" E FOR A DISTANCE OF 172.03
FEET; THENCE RUN N 66°03'38" E FOR A DISTANCE OF 117.91 FEET; THENCE RUN N
00°32'14" E FOR A DISTANCE OF 441.42 FEET; THENCE RUN S 87°28'12" W FOR A
DISTANCE OF 80.31 FEET; THENCE RUN N 02°31'00" W FOR A DISTANCE OF 335.86
FEET TO THE POINT OF BEGINNING
PARCEL CONTAINS 2,996,547.13 SQUARE FEET, OR 68.79 ACRES, MORE OR LESS
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LEGAL DESCRIPTION: (AS FURNISHED BY CLIENT)
THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4, LESS THE WEST 100 FEET THEREOF; AND
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE
EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, SECTION 14, TOWNSHIP 50
SOUTH, RANGE 26 EAST, ALL SITUATED AND LYING IN COLLIER COUNTY, FLORIDA.
NOTES:
THIS PROPERTY SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD.
BEARINGS SHOWN HEREON REFER TO THE WEST LINE OF THE NORTHWEST QUARTER OF
SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AS BEING
S.00º49’12”W. (STATE PLANE COORDINATE SYSTEM, FLORIDA EAST ZONE, 83/90)
ABOVE GROUND IMPROVEMENTS EXISTING ON THIS PROPERTY HAVE BEEN LOCATED
HEREON AS SHOWN. ABOVE GROUND INDICATORS OF UNDERGROUND UTILITIES
EXISTING ON THIS PROPERTY HAVE BEEN LOCATED HEREON AS SHOWN. UNDERGROUND
UTILITIES HAVE NOT BEEN LOCATED ON THIS SURVEY. ALL OTHER IMPROVEMENTS
EXISTING ON OR ADJACENT TO THIS PROPERTY HAVE NOT BEEN LOCATED OR SHOWN ON
THIS SURVEY.
ABSTRACT OF TITLE HAS NOT BEEN REVIEWED BY SURVEYOR.
THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL
OF A FLORIDA LICENSED SURVEYOR AND MAPPER.
PROPERTY AREA: 68.78 ACRES, MORE OR LESS.
CERTIFIED TO: FLORIDA COMMUNITY BANK
FIRST ASSEMBLY OF GOD OF NAPLES, FLORIDA, INC., A
FLORIDA CORPORATION
TIB BANK OF THE KEYS
FIRST TITLE AND ABSTRACT, INC.
CHICAGO TITLE INSURANCE COMPANY
9.A.1
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EXHIBIT E
FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION
CAMPUS COLLIER BLVD. LORD’S WAY MPUD REZONE
LIST OF REQUESTED DEVIATIONS
FROM LAND DEVELOPMENT CODE (LDC)
1. Deviation No. 1 seeks relief from LDC Section 4.06.02.C.4, Buffer Requirements, which
requires a 20 foot wide Type D buffer along The Lord’s Way and Collier Boulevard, to
allow this the perimeter buffers along The Lord’s Way and Collier Boulevard 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 to 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. The 10 foot
buffer along the Lords Way shall be located north of the existing 30 foot ROW easement
and north of a 10 foot ROW reservation described in Section 3A of Exhibit F of the PUD
document. No buffer shall be required on the northern or western boundary along preserve
Tract E. (See Exhibit I, The Lord’s Way Typical Cross Sections for Tract A and G.)
2. Deviation No. 2 seeks relief from LDC Section 5.06.04.C.16.b.i, to allow a off-site
premises sign in the southwest corner of the subject property on Tract A. The deviation is
to exceed the maximum area of 12 square feet to allow the off-site premise sign to be a
maximum size of 32square feet as an addition to the existing sign. (See MPUD Master Plan
and Exhibit G depicting proposed sign detail.)
WITHDRAWN
3.A. Deviation No. 3A seeks relief from LDC Section 05.06.04.C.1.c, that allows a maximum
sign area of 80 square feet. The deviation is to allow a maximum size of 132 square
feet in area. The sign is currently 100 feet in area. (See Exhibit G for sign detail and
also Deviation No. 2.)
3B. Deviation No. 3B seeks relief from LDC Section 05.06.04.C.16.b.ii., that limits the
height of the sign to 8 feet above the lowest center grade of the arterial roadway
and to allow the existing sign to remain 20 feet in height.
3C. Deviation No. 3C seeks relief from LDC Section 5.06.04.C.1.a, that limits the size
of signs to 15 feet to allow the existing 20 foot tall sign to remain.
3.A. Deviation No. 3A seeks relief from LDC section 5.06.04 G.1., which permits off-premises
directional signs in nonresidential and agricultural zoning districts, to allow for one off-
premises directional sign within a residential district, that will provide signage for
developments located along The Lord’s Way, including but not limited to the Hacienda
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Lakes MPUD, Sapphire Cove (Lord’s Way 30 PUD), and Milano Lakes (Tract G of this
PUD).
3.B. Deviation No. 3B seeks relief from LDC section 5.06.04 G.2.a., which limits the size of an
off-premises directional sign to no more than 12 square feet in area, to allow an off-
premises directional sign at a maximum sign face area of 64 square feet on each side.
3.C. Deviation No. 3C seeks relief from LDC section 5.06.04 G.2.b., which limits the height of
off-premises directional signs to 8 feet in height, measured above the lowest center grade
of the roadway adjacent to the sign location, to allow a maximum height of 10 feet.
3.D. Deviation No. 3D seeks relief from LDC section 5.06.04 G.2.e. Off-premises directional
signs, which requires an off-site premises directional sign be located no more than 1,000
feet from the building, structure, or use for which the sign is displayed, to allow the one
off-premises sign on Tract A to serve other communities or users along The Lord’s Way
regardless of distance, including but not limited to the Hacienda Lakes MPUD, Sapphire
Cove (Lord’s Way 30 PUD), and Milano Lakes (Tract G of this PUD). The sign will be
substantially similar to the sign attached as Exhibit E-1, and not to exceed five
communities.
4A. Deviation No. 4A seeks relief from LDC Section 5.06.04.C.16.b.v, which requires
an off-site premise sign be located within 1,000 feet of the intersection of the
roadway to allow the sign to be 1,400 feet from the property it serves on Tract G.
4. 4B. Deviation No. 4B4 seeks relief from LDC Section 6.06.02.A.1, Sidewalk and Bike
Lane Requirements to allow relief from the requirement that a 6 foot wide sidewalk
and bike lane be provided along The Lord’s Way (a requirement for The Lord’s
Way upon becoming an arterial or collector roadway in the future). The deviation
is to allow the northerly most existing 5 7 foot wide sidewalk to remain west of the
existing entrance into First Assembly Ministries on Tract A-1 to satisfy the
pedestrian access requirements of LDC Section 6.06.02.A.1. This deviation will
also allow a 5 foot wide sidewalk to be constructed within a five foot easement area
on Tract G, the multi-family tract, to satisfy this LDC requirement. (See also
Exhibit I, The Lords Way Typical Cross Sections.)
5. 4C. Deviation No. 4C5 seeks relief from LDC Section 6.06.02.A.13, Sidewalk and Bike
Lane Requirements which requires a minimum 12 foot wide pathway6 foot wide
sidewalk and bike lane along C.R. 951, an arterial roadway, to allow for a new 610
foot sidewalk and bike lane pathway to be constructed off-site of the PUD and
within the canal to replace an existing 7 foot wide 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 Connections will be provided from the sidewalk on The Lord’s Way to
the sidewalk which the County has will constructed on C.R. 951 east of the canal
at the intersection of The Lord’s Way and C.R. 951, from the County constructed
sidewalk to the proposed 6 10 foot sidewalk pathway and from the proposed 610
foot pathway sidewalk to the existing 7 foot sidewalk on Tract E.
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56. Deviation No. 56 seeks relief from LDC Section 6.06.01.B, Street System Requirements,
which requires that layout of all developments to be coordinated with surrounding
properties to provide interconnections. The deviation is to allow private access to both the
church campus and multi-family development Tract G to be private entrances and to not
require interconnections between the two uses from Tract G to the rest of the PUD. A
provision has been made for a potential future access from Tract G to the east.
6 7. Deviation No. 6 7 seeks relief from LDC Section 5.05.04.D.1, Group Housing which
requires a maximum floor area ratio that shall not exceed 0.45 for care units, to allow a
maximum floor area ratio of 0.60 for group housing. The deviation is to allow the care
units to be developed within the 368,000 square feet of floor area for all uses.
6A8. Deviation No. 6A8 seeks relief from LDC Section 5.05.04.D.3.b, Group Housing, that
requires 0.75 parking space per assisted living unit, to allow 0.75 parking space per 10 care
units.
7. Deviation No. 7 seeks relief from LDC Sections 4.06.02.D.4 and 5.03.02.E.3, pertaining
to minimum landscape buffer width and minimum wall setback, respectively. The LDC
requires that a 15 foot wide Type B landscape buffer and a 10 foot wide Type A landscape
buffers to be provided along the property boundary between Tract G, the multi-family tract,
and Tracts A and C of First Assembly Ministries’ campus, with the 15 foot Type B buffer
to be provided for the more intensive use (i.e., on Tracts A and C) and the 10 foot Type A
buffer to be provided for the less intensive use (i.e., on Tract G). The LDC also requires
that the non-residential use provide a minimum 6 foot high concrete (precast or masonry)
wall a minimum of 6 feet from the residential zoning district boundary (i.e., at least 6 feet
inside Tracts A and C). The LDC allows for reductions in required buffer widths to a
minimum width of 10 feet provided that compensating increases in width are made
elsewhere in the buffer. The deviation is to locate the buffers within platted easements as
depicted on Exhibit C, the MPUD Master Plan, departing in places from the property line
and with portions of either buffer encroaching onto an adjacent tract(s). Areas depicted in
the legend represent reductions in buffer width and include compensating increases in
buffer width. Portions of the 10 foot Type A buffer on Tract G – Phase 2 (i.e., adjacent to
Celebration Boulevard, the existing entry road into Tract A) are shown with a reduction to
less than 10 feet, severed in some places, due to the encroachment of proposed impervious
improvements. The required wall shall be located a minimum of 6 feet from the residential
side of the 15 foot Type B buffer.
8. Deviation No. 8 seeks relief to LDC Section 4.06.02.C, Table 2.4, which requires buffering
internal to uses within Tracts A and C. The deviation is to allow no buffering between uses
internal to Tracts A and C. See also Deviation No. 7 that provides buffering between Tracts
A and C.
9. Deviation No. 9 seeks relief from LDC Section 6.06.01, Private Roadway Width, which
requires a 60-foot right-of-way width for local roads, to allow that private roadways shall
have a minimum 40-foot right-of-way width.
9.A.1
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9. Deviation No. 9 seeks relief from LDC Section 4.05.04.G., Table 17, Parking Spaces
Required which requires 3 parking spaces for each 7 seats in the chapel or assembly area,
to allow a reduction of this standard to a minimum of 1 space for each 4 seats that is
typically only for the expansion allowed due to congregational growth so as to allow this
standard to apply only to previously approved church-related structures in existence prior
to the adoption of this Ordinance. Any future church-related parking area will require the
standard of 3 parking spaces for 7 seats.
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EXHIBIT F
FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS
COLLIER BLVD. LORD’S WAY
MPUD REZONE
LIST OF DEVELOPER COMMITMENTS
1. GENERAL
A. Development of the First Assembly Ministries Education and Rehabilitation Campus
Collier Blvd. Lord’s Way MPUD shall be in accordance with the contents of this Ordinance
and applicable sections and parts of the LDC and Growth Management Plan (GMP) in
effect at the time of issuance of any development order, such as, but not limited to final
subdivision plat, final site development plan (SDP), excavation permit, and preliminary
work authorization, to which such regulations relate. Where these regulations fail to
provide developmental standards, then the provisions of the most similar district in the
LDC shall apply.
B. Two entities (hereinafter the Managing Entities) shall be responsible for PUD monitoring
until close-out of the PUD, and these entities 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 3805 TLW, LLC for Tracts A-F and 3713 Milano Lakes (FL) Owner,
LLC, for Tract G. Each Managing Entity shall be responsible for PUD monitoring only
within the Tract(s) it owns. Should either Managing Entity desire to transfer the monitoring
and commitments to a successor entity, then they 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(ies) shall become the
Managing Entity(ies). As Owner and Developer sell off tracts, the Managing Entities shall
provide written notice to County that includes an acknowledgment 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
Entities are no longer responsible for the monitoring and fulfillment of PUD commitments.
C. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does
not in any way create any rights on the part of the applicant to obtain a permit from a state
or federal agency and does not create any liability on the part of the county for issuance of
the permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a violation of state
or federal law. All other applicable state or federal permits must be obtained before
commencement of the development.
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2. AFFORDABLE HOUSING GMP COMMITMENTS FOR TRACT G
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) is 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 superseded from time to time), and government employees. 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. In addition, to the requirements
of the approved ESP Housing Agreement, the developer shall comply with the
following commitments upon approval of the SDP for Tract G, the multi -family
tract.
B. The developer of Tract G, the multi-family tract, shall comply with one or more
of the following:
i. The Affordable-Workforce Housing Density Bonus provisions in
the LDC, in effect as of February 19, 2008, the date of adoption of the GMP
provisions affecting the subject property; or,
ii. State law applicable to the designation as a Community Workforce
Housing Innovation Program (CWHIP) Project by the State of Florida. 1.) the
developer shall provide a minimum of 80 ESP dwelling units comprised of a
minimum of 10 dwelling units for those earning less than 80% of the median
income in Collier County, and 2.) a minimum of 70 dwelling units for those earning
between 80% and 140% of the median income for Collier County; or,
iii. The developer shall enter into an agreement with Collier County
assuring that no fewer than 147 affordable-workforce and market rate housing units
are constructed and, as they become available, will be offered first to ESP, persons
involved in providing essential services in Collier County. Such agreement shall be
in effect for not less than 15 years. Such an agreement shall be in effect for not less
than 15 years. Such an agreement shall provide that a minimum of 35 dwelling units
shall be provided for those earning no more than 150% of the median income of
Collier County, and a minimum of 25 dwelling units shall be provided for those
earning no more than 80% of the median income of Collier County.
C. No more than 57 market rate dwelling units shall be constructed prior to the
construction of all affordable-workforce housing (AWH) dwelling 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.
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2. Two bedroom units-five occupants.
3. Three bedroom units-seven occupants.
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 prohibited);
c. Minimum 9-foot ceiling heights within first floor of units; and
d. Paver accents at project entry.
3. AFFORDABLE HOUSING COMMITMENTS FOR TRACTS A and A-1
A. For the additional 384 affordable and market rate housing units on Tracts A and
A-1 of the Collier Boulevard/Lord’s Way MPUD, the project shall comply with
the following:
1) Seventy-six units will be designated for rental to households whose incomes are
between 80% and 120% of the Area Median Income (AMI) for Collier County
and the corresponding rent limits. These units will be committed for a period of
30 years from the date of issuance of the Certificate of Occupancy. Income and
rent limits may be adjusted annually based on combined income and rent limit
table published by the Florida Housing Finance Corporation.
OR -
2) Seventy-six units will be designated for sale to households whose initial
certified incomes are between 80%-120% of the AMI for Collier County. These
units will be committed for a period of 30 years and affordability for all units
sold to eligible households will be secured through the execution of a lien in
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accordance with Chapter 2.06.04 of the LDC between Collier County Board of
County Commissioners and the buyer to be recorded with the Clerk of the
Circuit Court of Collier County, Florida.
B. No additional units will be allocated to Tract G of the MPUD.
34. TRANSPORTATION
A. Approximately 40 50 feet on Tract A and A-1 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 liens and
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.)
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 which has been constructed by an entity other than Collier County.
The public right-of-way area shall be dedicated to Collier County in fee simple title
and free of any liens and 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.
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 owner of this MPUD or its successors.
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.DE.
E. Residential development for Tract G shall be phased. Phase One development is
limited to 147 dwelling units and 10 church-related dwelling units and will
commence upon SDP approval. Phase Two development will permit construction
of the remaining 149 units within Tract G for any prospective property owner, plus
any units allowed but not constructed during Phase One.
F. The existing throat length on Tract A-1 shall remain the same after the widening of
The Lord’s Way and the gatehouse shall remain in its present location.
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G. A sidewalk interconnection shall be required between Tracts A-1 and G in the
vicinity of The Lord’s Way and church gatehouse. (See MPUD Master Plan.)
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.
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. H. The developer owner of Tract A and A-1 shall be responsible for relocating
landscaping from the existing buffer to the new buffer north of the existing sidewalk
10 foot ROW reservation along the Lord’s Way at no cost to the County and with
no claims for any future disruption to the landscaping in the event of The Lord’s
Way widening.
I. The maximum total daily trip generation for the PUD shall not exceed 330 two-
way PM peak hour net trips based on the use codes in the ITE Manual on trip
generation rates in effect at the time of application for SDP/SDPA or subdivision
plat approval.
45. LANDSCAPE/BUFFERING/WALL REQUIREMENTS
A. The plantings within the Type D buffer area on Tract G shall consist of trees on 15
foot centers. This provision is designed to implement GMP provisions pertaining
to enhanced landscaping in the Collier Boulevard Community Facility Subdistrict.
B. When the existing 10 foot buffer is relocated on the south boundary of Tract A and
A-1 by owner, it shall consist of trees on 15 foot centers. This provision is designed
to implement GMP provisions pertaining to enhanced landscaping in the Collier
Boulevard Community Facility Subdistrict.
C. A continuously running 6-foot high concrete wall shall be provided by owner by
the developers of each respective portion of the site along the entire western
boundary of Tract G. Said wall must be in place prior to the issuance of the first
issuance of the first certificate of occupancy in Tract G.
D. The owner of Tract A shall install an alternative Type D landscape buffer along the
western PUD boundary adjacent to County Road 951/Collier Boulevard (see
Exhibit E. Deviation No. 1) and in conformance with the minimum specifications
depicted in Exhibit C-2.
E. The plantings within the 10-foot-wide Type A buffer to be provided on Tracts A-1
and C adjacent to Tract G shall consist of trees on 25 foot centers.
9.A.1
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56. RECREATIONAL FACILITIES
A tot lot shall be provided on Tract G for children 2 to 12 years of age, which meets ASTM
standards. The tot lot shall be constructed prior to the issuance of the first certificate of
occupancy for the first multi-family building.
6. USE LIMITATIONS
The rehabilitation facility and associated uses shall not provide housing, food service or
any other services to sexual predators or pedophiles.
7. SECURITY
The developer shall provide twenty-four (24) hour security services for the rehabilitation
facility and associated uses at all times.
8. 7. PLANNING
A. The developer owner, 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 subject 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.
B. The owner of any group housing, including a retirement community, its successors
or assigns, shall provide the following services and be subject to the following
operational standards for the units in the group housing, including, but not limited
to, independent living units, assisted living units, or skilled nursing units:
Operational Characteristics for Senior Housing
Senior housing may be composed of one or more types of care/housing facilities. These
care/housing types are limited to independent living, assisted living, and skilled nursing
units, each of which can have varying operational characteristics. The following
characteristics of senior housing care units distinguish them from residential land uses, and
all of the characteristics must be provided for and maintained to be considered a senior
housing care unit:
i. The facility shall be for residents 55 years of age and older;
ii. There shall be on-site dining facilities to the residents, with food service being on-site,
or catered;
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iii. Group transportation services shall be provided for the residents for the purposes of
grocery and other types of shopping. Individual transportation services shall be
coordinated for the residents’ needs, including but not limited to medical office visits;
iv. There shall be an onsite manager/activities coordinator to assist residents who shall be
responsible for planning and coordinating stimulating activities for the residents;
v. An on-site wellness facility shall provide exercise and general fitness opportunities for
the residents;
vi. Each unit shall be equipped with devices provided to notify emergency service
providers in the event of a medical or other emergency;
vii. Independent living units shall be designed so that a resident is able to age in place. For
example, kitchens may be easily retrofitted by lowering the sink to accommodate a
wheelchair bound resident or bathrooms may be retrofitted by adding grab bars.
8. UTILITIES
A. At the time of application for subdivision Plans and Plat (PPL) and/or Site
Development Plan (SDP) approval, as the case may be, offsite improvements and/or
upgrades to the wastewater collection/transmission system may be required to
adequately handle the total estimated peak hour flow from the project. Whether or
not such improvements are necessary, and if so, the exact nature of such
improvements and/or upgrades shall be determined during PPL or SDP review.
Such improvement and/or upgrades as may be necessary shall be permitted and
installed at the developer's expense and may be required to be in place prior to
issuance of a certificate of occupancy for any portion or phase of the development
that triggers the need for such improvements and/or upgrades.
B. The developer will utilize the existing 10” water main on the east side of
Celebration Boulevard for water service to Tracts A, A-1, B, and C, or else abandon
it in accordance with the requirements of the latest Collier County Water-Sewer
District standards.
C. The franchised public utility companies will be granted access rights across but not
utility rights within the supplemental County Utility Easements adjacent to the
internal rights-of-way, as shown in the typical ROW section as depicted in Exhibit
C-1.
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COLLIER BOULEVARD LORD’S WAY MPUD, PUDA-PL20200000114 March 28, 2022A
Page 1 of 20
STAFF REPORT
TO: COLLIER COUNTY PLANNING COMMISSION
FROM: ZONING DIVISION – ZONING SERVICES SECTION
GROWTH MANAGEMENT DEPARTMENT - PLANNING &
REGULATION
HEARING DATE: APRIL 7, 2022
SUBJECT: PUDA-PL20200000114, COLLIER BOULEVARD LORD’S WAY
MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) FORMERLY
KNOWN AS FIRST ASSEMBLY MINISTRIES EDUCATION &
REHABILITATION CAMPUS MIXED-USE PLANNED UNIT
DEVELOPMENT (MPUD), COMPANION TO PL20200000115, COLLIER
BOULEVARD LORD’S WAY MIXED-USE SUBDISTRICT GROWTH
MANAGEMENT PLAN AMENDMENT (GMPA)
______________________________________________________________________________
APPLICANT: PROPERTY OWNERS:
3805 TLW, LLC/ 3805 TLW, LLC and
David E. Torres, MGR 3713 Milano Lakes FL Owner, LLC
7742 Alico Road % Revantage Property Tax
Fort Myers, FL 33912 PO Box A3878
Chicago, IL 60690
AGENTS:
Robert J. Mulhere, FAICP Richard D. Yovanovich, Esquire
Paula N.C. McMichael, AICP Coleman, Yovanovich & Koester, P.A.
Hole Montes, Inc 4001 Tamiami Trail North, Suite 300
950 Encore Way Naples, FL 34103
Naples, FL 34110
REQUESTED ACTION:
The petitioner requests that the Collier County Planning Commission (CCPC) consider amending
Ordinance Number 2008-41, the First Assembly Ministries Education & Rehabilitation Campus
Mixed-Use Planned Unit Development (MPUD), as amended, to change the name of the PUD to
Collier Boulevard Lord’s Way MPUD; to remove the daycare use and allow the church use as an
interim use for up to 5 years; to increase the number of dwelling units from 306 units to 690 units
9.A.2
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9.A.2
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with 76 affordable housing units; and to reallocate the uses, revise the development standards and
the PUD Master Plan.
GEOGRAPHIC LOCATION:
The subject property is located at the northeast corner of the intersection of Collier Boulevard and
The Lord’s Way. The subject PUD is 68.78± acres and is located in Section 14, Township 50 South,
Range 26 East, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
Collier Boulevard Lord’s Way MPUD, formerly known as First Assembly Ministries Education and
Rehabilitation Campus MPUD, was approved by Ordinance Number 08-41on July 22, 2008. (See
Attachment B-Ordinance Number 08-41.) There has been one amendment to Ordinance Number
08-4, Ordinance Number 15-55. (See Attachment C-Ordinance Number 15-55). A companion
Growth Management Plan amendment is also proposed, the Collier Boulevard Lord’s Way Mixed-
Use Subdistrict (PL20200000115), to authorize the proposed changes.
The petitioner is proposing the following changes with this amendment:
• Change the name of the First Assembly Ministries Education & Rehabilitation Campus
MPUD to Collier Boulevard Lord’s Way MPUD;
• Remove the daycare use and allow the church use as an interim use for up to 5 years;
• Add group housing/Adult Living Facilities (ALF) as a land use;
• Increase the number of single-family attached or multi-family dwelling units by 384, from
306 units to 690 units at a density of 10.03 dwelling units per acre;
• Of the 384 additional dwelling units, 76 units will be affordable units; and
• Reallocate the uses, revise the development standards and the Master Plan.
The Master Plan has been revised to show the location of the proposed residential area within the
proposed Mixed-Use Subdistrict area. For further information, see Attachment A-Proposed PUD
Ordinance.
SURROUNDING LAND USE AND ZONING:
North: undeveloped land with an (A) Agricultural zoning designation and undeveloped residential
portion of the Hacienda Lakes MPUD with a density of .88 dwelling units per acre
East: Swamp Buggy Grounds, and the recently approved residential and public services portion of
the Hacienda Lakes MPUD with a density of .88 dwelling units per acre
South: The Lord’s Way right-of-way, then undeveloped land with an (A) Agricultural zoning
designation and The Lord’s Way 30 Acre RPUD with a density of 2.5 dwelling units per acre
West: 100-foot wide Henderson Creek Canal right-of-way, then Collier Boulevard (CR 951) and
a golf course at Naples Lake Country Club, with a density of 1.56 dwelling units per acre
9.A.2
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AERIAL PHOTO
GROWTH MANAGEMENT PLAN (GMP) CONSISTENCY:
Comprehensive Planning staff has reviewed the proposed PUD Amendment and upon adoption of
the companion item GMPA-PL20200000115, Collier Boulevard Lord’s Way Mixed-Use Subdistrict
GMPA, the PUD Rezone can be found consistent with the Future Land Use Element (FLUE) of the
GMP.
Transportation Element: In evaluating this project, staff reviewed the applicant’s January 11,
2021, TIS and revised PUD Document for consistency with Policy 5.1 of the Transportation Element
of the Growth Management Plan (GMP.
Policy 5.1 of the Transportation Element of the GMP states;
“The County Commission shall review all rezone petitions, SRA designation applications,
conditional use petitions, and proposed amendments to the Future Land Use Element (FLUE)
affecting the overall countywide density or intensity of permissible development, with
consideration of their impact on the overall County transportation system, and shall not
approve any petition or application that would directly access a deficient roadway segment
as identified in the current AUIR or if it impacts an adjacent roadway segment that is deficient
as identified in the current AUIR, or which significantly impacts a roadway segment or
SUBJECT
PROPERTY
9.A.2
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adjacent roadway segment that is currently operating and/or is projected to operate below
an adopted Level of Service Standard within the five-year AUIR planning period, unless
specific mitigating stipulations are also approved. A petition or application has significant
impacts if the traffic impact statement reveals that any of the following occur:
a. For links (roadway segments) directly accessed by the project where project traffic is
equal to or exceeds 2% of the adopted LOS standard service volume;
b. For links adjacent to links directly accessed by the project where project traffic is equal
to or exceeds 2% of the adopted LOS standard service volume; and
c. For all other links the project traffic is considered to be significant up to the point where
it is equal to or exceeds 3% of the adopted LOS standard service volume.
Mitigating stipulations shall be based upon a mitigation plan prepared by the applicant
and submitted as part of the traffic impact statement that addresses the project’s
significant impacts on all roadways.”
Staff finding: According to the TIS and revised PUD document the proposed change will allow up
to 690 multi-family residential units for this development. The TIS for this request includes a table
indicating that the current PUD allows up to +/- 585 PM peak hour trips on the adjacent road
network. The TIS also shows that the proposed 690 multi-family unit development will generate
+/-330 PM peak hour trips on the same road network which represents a potential decrease in the
number of trips generated by this PUD of +/-255 PM peak hour trips. Staff also notes that the current
PUD does not have a trip cap developer commitment; however, the proposed PUD Amendment,
with Exhibit F.3.I. provides a trip cap of +/- 330 PM peak hour trips consistent with the TIS.
Based on the TIS and the revised PUD, the subject petition can be found consistent with Policy 5.1
of the Transportation Element of the Growth Management Plan because there are +/- 255 fewer PM
peak hour trips proposed with this PUD Amendment than is currently allowed and a trip cap
developer commitment is provided in recognition of this reduction.
Conservation and Coastal Management Element (CCME): Environmental Planning staff found
this project to be consistent with the Conservation & Coastal Management Element (CCME). The
native vegetation required to be retained for the PUD was approved in accordance with Ordinance
08-41. No revisions to the environmental portions of the PUD petition are being requested.
GMP Conclusion: The subject PUD amendment petition may only be deemed consistent with the
FLUE of the GMP if the companion Collier Boulevard Lord’s Way Mixed-Use GMPA
(PL20200000115) is approved.
STAFF ANALYSIS:
Staff completed a comprehensive evaluation of this land use petition including the criteria upon
which a recommendation must be based, specifically noted in Land Development Code (LDC)
Subsection 10.02.13 B.5., Planning Commission Recommendation (commonly referred to as the
“PUD Findings”), and Subsection 10.02.08 F., Nature of Requirements of Planning Commission
Report (referred to as “Rezone Findings”), which establish the legal basis to support the CCPC’s
recommendation. The CCPC uses these same criteria as the basis for their recommendation to the
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Board of Collier County Commissioners (BCC), who in turn use the criteria to support their action
on the rezoning request. An evaluation relative to these subsections is discussed below, under the
heading “Zoning and Land Development Review Analysis.” In addition, staff offers the following
analysis:
Environmental Review: Environmental Planning staff has reviewed the PUD petition to address
environmental concerns. The existing preserve area will not be impacted by the proposed petition.
This project does not require Environmental Advisory Council (EAC) review, as this project did not
meet the EAC scope of land development project reviews as identified in Section 2-1193 of the
Collier County Codes of Laws and Ordinances.
Transportation Review: Transportation Planning staff has reviewed the petition for compliance with
the GMP and the LDC and recommends approval.
Utilities Review: The project lies within the regional potable water service area and the south
wastewater service area of the Collier County Water-Sewer District (CCWSD). Water and
wastewater services are readily available via connections to existing infrastructure on-site and within
adjacent rights-of-way. Sufficient water and wastewater treatment capacities are available.
The applicant has included a developer commitment (7.B) to utilize the existing 10” water main on
the east side of Celebration Boulevard for water service to Tracts A, B, and C, or else abandon it in
accordance with the requirements of the latest Collier County Water-Sewer District standards.
Adequate downstream wastewater system capacity must be confirmed at the time of development
permit (SDP or PPL) review through a thorough engineering analysis, which will be discussed at a
mandatory pre-submittal conference with representatives from the Public Utilities Engineering and
Project Management Division and the Growth Management Development Review Division. As
stated in Section 7 of Exhibit F of the PUD document, any improvements to the Collier County
Water-Sewer District’s wastewater collection/transmission system necessary to provide sufficient
capacity to serve the project will be the responsibility of the owner/developer and will be conveyed
to the Collier County Water-Sewer District at no cost to the County at the time of utilities acceptance.
The existing 6" force main along the north side of The Lords Way is of sufficient size to serve the
PUD with a maximum of 690 multi-family dwelling units plus upstream flows. The existing pumps
at PS 302.58, which serves Sapphire Cove and EMS Station No. 25 and is also designed for future
development of the Hacienda Lakes Business Park (BP) Tract, may need to be downsized to
accommodate this project. Meanwhile, the existing pumps at private PS 9000.84, which serves
Milano Lakes Apartments and the existing church, may need to be upsized to accommodate this
project. Alternatively, the future residential project on Tract A may connect a new force main to the
existing 12” force main in the southbound lanes of Collier Boulevard.
Landscape Review: The applicant is seeking 1 deviation related to landscape buffers. See Deviation
Discussion on the proceeding pages. The remaining buffers labeled on the proposed updated Master
Plan are consistent with the Master Plan in Ordinance Number 15-55.
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Zoning and Land Development Review: The Collier Boulevard Lord’s Way MPUD is developed
and approved for 306 dwelling units, a radio tower, a church, and daycare use. The existing multi-
family apartment dwelling units are located on Tract G. Tract C is currently developed with a radio
tower. The amendment to the Collier Boulevard Lord’s Way MPUD proposes to add 384 single-
family attached or multi-family dwelling units and/or group housing/ALF to the PUD. The proposed
384 additional dwelling units and/or ALF will be located on Tracts A, A-1, and C of the Master
Plan. (Refer to Master Plan on page 3 of this Staff Report.) Seventy-six of the proposed units will
be designated as affordable and market-rate housing units.
The building heights of the proposed dwelling units and ALF are the same as the existing apartments
on Tract G. The proposed and existing buildings are four stories, with a zoned building height of 52
feet and an actual height of 56 feet.
The proposed setback for multi-family development on Tracts A-1 and C from the existing
apartments on Tract G is 15 feet for a two-story building, 25 feet for a three-story building, and 35
feet for a four-story building. The proposed front setback is 20 feet, the current Tract G standard is
25 feet. The proposed rear yard setback is 5 feet, the current Tract G standard is 25 feet.
There are nine new and/or revised deviations related to landscaping, signage, sidewalks, street
interconnection, floor area ratio (FAR), and right-of-way width. The Master Plan has been revised
to show the location of the proposed A-1 tract and to note the deviations. For further information
regarding the deviations, please see the Deviation section of this Staff Report.
Zoning staff finds the proposed residential and ALF to be compatible with the existing residential
land uses and intensities.
REZONE FINDINGS:
Staff completed a comprehensive evaluation of this land use petition including the criteria upon
which a recommendation must be based, specifically noted in LDC Subsection 10.02.13 B.5.,
Planning Commission Recommendation (commonly referred to as the “PUD Findings”), and
Subsection 10.02.08 F., Nature of Requirements of Planning Commission Report (referred to as
“Rezone Findings”), which establish the legal bases to support the CCPC’s recommendation. The
CCPC uses these same criteria as the basis for their recommendation to the BCC, who in turn use
the criteria to support their action on the rezoning request. An evaluation relative to these subsections
is discussed below, under the heading “Zoning and Land Development Review Analysis.” In
addition, staff offers the following analysis:
1. Whether the proposed change will be consistent with the goals, objectives, and policies and
future land use map, and the elements of the GMP.
The Comprehensive Planning staff has indicated that the proposed PUD Amendment is consistent
with all applicable elements of the FLUE of the GMP upon adoption of the companion GMPA.
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2. The existing land use pattern.
As described in the “Surrounding Land Use and Zoning” portion of this report and discussed in the
zoning review analysis, the neighborhood’s existing land use pattern can be characterized as
residential.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
At the time the subject property was rezoned to an MPUD, it was deemed to be of sufficient size and
did not result in an isolated district unrelated to adjacent and nearby districts. The proposed PUD
Amendment does not change this finding.
4. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change.
The district boundaries are logically drawn as discussed in Items 2 and 3.
5. Whether changed or changing conditions make the passage of the proposed amendment
necessary.
The proposed change is not necessary, but it is being requested in compliance with the LDC
provisions to seek such changes because the petitioner wishes to add single-family attached and
multi-family residences and /or an ALF.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Staff believes that the proposed PUD Amendment can be deemed consistent with the County’s land-
use policies upon adoption of the companion GMP. Development in compliance with the proposed
PUD rezone should not adversely impact living conditions in the area.
7. Whether the proposed change will create or excessively increase traffic congestion or create
types of traffic deemed incompatible with surrounding land uses, because of peak volumes or
projected types of vehicular traffic, including activity during construction phases of the
development, or otherwise affect public safety.
The roadway infrastructure will continue to have adequate capacity to serve the proposed project at
this time, i.e., GMP consistent at the time of rezoning as evaluated as part of the GMP Transportation
Element consistency review. Operational impacts will be addressed at the time of each development
order (SDP or Plat). Additionally, the project’s development must comply with all other applicable
concurrency management regulations when development approvals are sought.
8. Whether the proposed change will create a drainage problem.
The proposed PUD Amendment will not create a drainage problem. Furthermore, the project is
subject to the requirements of Collier County and the South Florida Water Management District.
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9. Whether the proposed change will seriously reduce light and air to adjacent areas.
The proposed PUD Amendment will not reduce light and air to adjacent areas outside the PUD.
Furthermore, the PUD Document provides adequate property development regulations to ensure
light and air should not be seriously reduced to adjacent areas. The Master Plan further demonstrates
that the locations of proposed preserve and open space areas should further ensure light and air
should not be seriously reduced to adjacent areas.
10. Whether the proposed change would adversely affect property values in the adjacent area.
Staff is of the opinion this PUD Amendment will not adversely impact property values.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
Properties around this property are already mostly developed. The basic premise underlying all of
the development standards in the Land Development Code is that their sound application, when
combined with the site development plan approval process and/or subdivision process, gives
reasonable assurance that a change in zoning will not result in deterrence to improvement or
development of the adjacent property. Therefore, the proposed zoning change should not be a
deterrent to the improvement of adjacent properties.
12. Whether the proposed change will constitute a grant of special privilege to an individual
owner as contrasted with the public welfare.
Upon adoption of the companion GMPA, the proposed development will comply with the GMP,
which is a public policy statement supporting zoning actions when they are consistent with said
Comprehensive Plan. In light of this fact, the proposed amendment does not constitute a grant of
special privilege. Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning.
The subject property could be developed within the parameters of the existing zoning designations;
however, the petitioner is seeking this PUD Amendment in compliance with LDC provisions. The
proposed amendment meets the intent of the PUD district, and the public interest will be maintained.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
Staff is of the opinion that the proposed PUD Amendment is not out of scale with the needs of the
neighborhood or County.
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15. Whether it is impossible to find other adequate sites in the county for the proposed use in
districts already permitting such use.
There may be other sites in the County that could accommodate the uses proposed; however, this is
not the determining factor when evaluating the appropriateness of a zoning decision. The petition
was reviewed on its merit for compliance with the GMP and the LDC, and staff does not review
other sites in conjunction with a specific petition.
16. The physical characteristics of the property and the degree of site alteration which would be
required to make the property usable for any of the range of potential uses under the proposed
zoning classification.
Any development anticipated by the PUD Document would require site alteration, and this project
will undergo extensive evaluation relative to all federal, state, and local development regulations
during the site development plan approval process and again later as part of the building permit
process.
17. The impact of development on the availability of adequate public facilities and services is
consistent with the levels of service adopted in the Collier County GMP and as defined and
implemented through the Collier County adequate public facilities ordinance.
The development will have to meet all applicable criteria set forth in the LDC regarding Adequate
Public Facilities. The project must also be consistent with all applicable goals and objectives of the
GMP regarding adequate public facilities. This petition has been reviewed by County staff that is
responsible for jurisdictional elements of the GMP as part of the rezoning process, and that staff has
concluded that no Level of Service will be adversely impacted.
18. Such other factors, standards, or criteria that the Board of County Commissioners shall
deem important in the protection of the public health, safety, and welfare.
To be determined by the BCC during its advertised public hearing.
PUD FINDINGS:
LDC Section 10.02.13.B.5 states, “In support of its recommendation, the CCPC shall make findings
as to the PUD Master Plan’s compliance with the following criteria.”
1. The suitability of the area for the type and pattern of development proposed in relation to
physical characteristics of the land, surrounding areas, traffic and access, drainage, sewer, water,
and other utilities.
The PUD already receives potable water and wastewater services from the CCWSD, and there are
adequate water and wastewater treatment capacities available to future development as proposed
by this petition
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2. Adequacy of evidence of unified control and suitability of any proposed agreements, contract,
or other instruments, or for amendments in those proposed, particularly as they may relate to
arrangements or provisions to be made for the continuing operation and maintenance of such
areas and facilities that are not to be provided or maintained at public expense.
Documents submitted with the application provided satisfactory evidence of unified control.
Additionally, the development will be required to gain platting and/or site development plan
approval. These processes will ensure that appropriate stipulations for the provision of, continuing
operation of, and maintenance of infrastructure will be provided by the developer.
3. Conformity of the proposed Planned Unit Development with the goals, objectives, and policies
of the GMP.
County staff has reviewed this petition and has found this petition consistent with the overall GMP
upon adoption of the companion GMPA.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on the location of improvements, restrictions on design, and buffering and screening
requirements.
The currently approved development, landscaping, and buffering standards were determined to be
compatible with the adjacent uses and with the use mixture within the project itself at the time the
PUD was approved. Staff believes that this amendment will not change the project’s compatibility,
both internally and externally, with the proposed residential land use along with the proposed
deviation.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
The amount of open space set aside for this project meets the minimum requirement of the LDC.
6. The timing or sequence of development for the purpose of assuring the adequacy of available
improvements and facilities, both public and private.
The roadway infrastructure will continue to be sufficient to serve the proposed project, as noted in
the Transportation Element consistency review. Operational impacts will be addressed at the time
of each development order (SDP or Plat), at which time a new TIS will be required to demonstrate
turning movements for all site access points. Finally, the project’s development must comply with
all other applicable concurrency management regulations when development approvals, including
but not limited to any plats and or site development plans, are sought.
According to Sec. 134-57(a) of the Collier County Code of Ordinances, the availability of potable
water and wastewater services will be verified in writing by the CCWSD before the submittal of
construction documents.
No public utility facility adequacy issues are anticipated at this time.
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7. The ability of the subject property and of surrounding areas to accommodate expansion.
The area has adequate supporting infrastructure, including readily available County water and
wastewater mains, to accommodate this project.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations in the
particular case, based on determination that such modifications are justified as meeting public
purposes to a degree at least equivalent to literal application of such regulations.
This criterion essentially requires an evaluation of the extent to which development standards and
deviations proposed for this PUD depart from development standards that would be required for the
most similar conventional zoning district.
The petitioner is seeking nine new or revised deviations to allow design flexibility in compliance
with the purpose and intent of the Planned Unit Development Districts (LDC Section 2.03.06 A.).
Staff believes that the deviations proposed can be supported, finding that, in compliance with LDC
Section 10.02.13 A.3., the petitioner has demonstrated that “the elements may be waived without a
detrimental effect on the health, safety, and welfare of the community” and LDC Section 10.02.13
B.5.h., the petitioner has demonstrated that the deviation is “justified as meeting public purposes to
a degree at least equivalent to the literal application of such regulations.”
Please, refer to the Deviation Discussion portion of the staff report below for a more extensive
examination of the deviations.
DEVIATION DISCUSSION:
The petitioner is seeking nine new or revised deviations from the requirements of the LDC. Two of
the originally proposed deviations have been withdrawn. The deviations are found in PUD Exhibit
E “List of Requested Deviations.” The deviation locations are depicted on the PUD Master Plan.
The language that has been added to a deviation is underlined; language that has been removed from
a deviation has been struck thru. The petitioner’s rationale and staff analysis/recommendation are
outlined below.
Deviation #1
Deviation No. 1 seeks relief from LDC Section 4.06.02.C.4, Buffer Requirements, which requires
a 20 foot wide Type D buffer along The Lord’s Way and Collier Boulevard, to allow this the
perimeter buffers along The Lord’s Way and Collier Boulevard 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 to 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. The 10-foot buffer along the Lords Way shall be located north of the existing 30-foot
ROW easement and north of a 10-foot ROW reservation described in Section 3A of Exhibit F of
the PUD document. No buffer shall be required on the northern or western boundary along preserve
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Tract E. (See Exhibit I, The Lord’s Way Typical Cross Sections for Tract A and G.)
Petitioner’s Justification: The deviation for 10-foot Type D buffer along The Lord’s Way was
previously approved and installed along the Tract G portion of the site. The new landscape buffer
for the western Tracts will match the buffer already installed and in place.
A graphic (see Exhibit C-2, Collier Boulevard Lord’s Way MPUD – Plan and Section) depicting the
proposed buffer along Collier Blvd is provided to indicate proposed landscape enhancements to
ensure sufficient plantings. The site also has an existing stormwater lake on Tract A and a proposed
setback of 100 feet to Collier Boulevard that will ensure an attractive view from the adjacent arterial
road.
The preserve totals almost 13 acres and measures approximately 500 feet by 1000 feet, more than
adequate area to buffer uses to the south and east from adjacent properties.
Staff Analysis and Recommendation: Staff recommends approval, finding that, in compliance
with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived
without detrimental effect on the health, safety, and welfare of the community” and LDC section
10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to the literal application of such regulations.”
Deviation #2
Deviation No. 2 seeks relief from LDC Section 5.06.04.C.16.b.i, to allow an off-site premises sign
in the southwest corner of the subject property on Tract A. The deviation is to exceed the maximum
area of 12 square feet to allow the off-site premise sign to be a maximum size of 32square feet as
an addition to the existing sign. (See MPUD Master Plan and Exhibit G depicting proposed sign
detail.)
Petitioner’s Justification: This deviation is withdrawn.
Deviation #3
3A. Deviation No. 3A seeks relief from LDC Section 05.06.04.C.1.c, that allows a
maximum sign area of 80 square feet. The deviation is to allow a maximum size of
132 square feet in area. The sign is currently 100 feet in area. (See Exhibit G for sign
detail and also Deviation No. 2.)
3B. Deviation No. 3B seeks relief from LDC Section 05.06.04.C.16.b.ii., that limits the
height of the sign to 8 feet above the lowest center grade of the arterial roadway
and to allow the existing sign to remain 20 feet in height.
3C. Deviation No. 3C seeks relief from LDC Section 5.06.04.C.1.a, that limits the size
of signs to 15 feet to allow the existing 20 foot tall sign to remain.
3.A. Deviation No. 3A seeks relief from LDC Section 5.06.04 G.1., which permits off-premises
directional signs in nonresidential and agricultural zoning districts, to allow for one off-
premises directional sign within a residential district within a residential district Tract A,
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that will provide signage for developments located along The Lord’s Way, including but
not limited to the Hacienda Lakes MPUD, Sapphire Cove (Lord’s Way 30 PUD), and
Milano Lakes (Tract G of this PUD).
3.B. Deviation No. 3B seeks relief from LDC Section 5.06.04 G.2.a., which limits the size of an
off-premises directional sign to no more than 12 square feet in area, to allow an off-
premises directional sign at a maximum sign face area of 128 square feet (64 square feet
on each side).
3.C. Deviation No. 3C seeks relief from LDC Section 5.06.04 G.2.b., which limits the height of
off-premises directional signs to 8 feet in height, measured above the lowest center grade
of the roadway adjacent to the sign location, to allow a maximum height of 10 feet.
3.D. Deviation No. 3D seeks relief from LDC Section 5.06.04 G.2.e. Off-premises directional
signs, which requires an off-site premises directional sign be located no more than 1,000
feet from the building, structure, or use for which the sign is displayed, to allow the one
off-premises sign on Tract A to serve other communities or users along The Lord’s Way
regardless of distance, including but not limited to the Hacienda Lakes MPUD, Sapphire
Cove (Lord’s Way 30 PUD), and Milano Lakes (Tract G of this PUD).
Petitioner’s Justification: The proposed off-premises directional sign will be located adjacent to
C.R. 951, which is a six-lane, high-speed arterial roadway, and will aid motorists in locating the
developments within this PUD and those along The Lord’s Way. Allowing for an off-premises
directional sign for the projects along The Lord’s Way will encourage a master-planned
development feel for the few developments along The Lord’s Way.
There are existing sites within Collier County that have utilized similar signage for multiple
developments or have allowed for a residential sign off-premises. One sign, located at the north
side of the intersection of Valewood Drive and Immokalee Road, contains the name of four distinct
communities that are intended to fall within the Quail Creek PUD. However, this sign also includes
Quail Creek Country Club and Estates which does not fall within the Quail Creek PUD boundaries,
as it is zoned RSF-2.
The second example of an off-premises directional sign for residential development is located at
the northeast corner of Rattlesnake Hammock Road and C.R.951, within a tract of the Hammock
Park MPUD that allows for commercial and residential uses. This existing sign serves as an off-
premises sign for the Hacienda Lakes PUD, which is further east and to the south of the Hammock
Park MPUD.
Given the size, location, and combined nature of the projects to be identified on the sign, a larger
sign will be necessary for clear identification. It is not anticipated that this deviation will result in
a precedent to include identification of additional projects along The Lord’s Way as the Florida
Sports Park, located adjacent to the end of The Lord’s Way, will remain at that location for the
foreseeable future and prevent additional projects from being developed on the east end of The
Lord’s Way. Approval of this deviation will have no discernable impact on surrounding properties
and will not infringe upon public health, safety, or welfare.
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Staff Analysis and Recommendation: Staff recommends denial, finding that, in compliance with
LDC section 10.02.13.A.3., the petitioner has not demonstrated that “the element may be waived
without detrimental effect on the health, safety, and welfare of the community” and LDC section
10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to the literal application of such regulations.”
Staff notes that Directory signs are prohibited on residential properties and are limited to commercial
properties. The commercial directory signs identify businesses for the benefit of the traveling public
and are an important economic benefit to a business. Residential properties have the benefit of real
estate signs when they are for sale. The purpose of the sign code is “to provide minimum control
of signs necessary to promote the health, safety and general welfare of the citizens of Collier County,
Florida, by lessening hazards to pedestrians and vehicular traffic, by preserving property values, by
preventing unsightly and detrimental signs that detract from the aesthetic appeal of the county and
lead to economic decline and blight, by preventing signs from reaching such excessive size and
numbers that they obscure one another to the detriment of the county, by assuring good and attractive
design that will strengthen the county's appearance and economic base….”
Deviation #4
4A. Deviation No. 4A seeks relief from LDC Section 5.06.04.C.16.b.v, which requires an off-
site premise sign be located within 1,000 feet of the intersection of the roadway to
allow the sign to be 1,400 feet from the property it serves on Tract G.
Deviation No. 4B4 seeks relief from LDC Section 6.06.02.A.1, Sidewalk and Bike Lane
Requirements to allow relief from the requirement that a 6-foot wide sidewalk and bike lane be
provided along The Lord’s Way (a requirement for The Lord’s Way upon becoming an arterial or
collector roadway in the future). The deviation is to allow the northerly most existing 5- 7 foot wide
sidewalk to remain west of the existing entrance into First Assembly Ministries on Tract A to satisfy
the pedestrian access requirements of LDC Section 6.06.02.A.1. This deviation will also allow a 5-
foot wide sidewalk to be constructed within a five-foot easement area on Tract G, the multi-family
tract, to satisfy this LDC requirement. (See also Exhibit I, The Lords Way Typical Cross Sections.)
Petitioner’s Justification: The Lord’s Way is designated as a local road at this time, which requires
a 5-foot wide sidewalk. Currently, there are two sidewalks, one 5-foot wide and one 7-foot wide.
Once the western Tracts are developed, the 5-foot sidewalk will remain. The deviation anticipates
that The Lord’s Way will become a collector and the sidewalk requirement will change to a 6-foot
wide sidewalk. The deviation requests that the current five-foot-wide sidewalk meet the requirement
for a 6-foot wide sidewalk in the future condition.
Staff Analysis and Recommendation: Staff recommends approval, finding that, in compliance
with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived
without detrimental effect on the health, safety, and welfare of the community” and LDC section
10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to the literal application of such regulations.”
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Deviation #5
Deviation No. 4C5 seeks relief from LDC Section 6.06.02.A.1, Sidewalk and Bike Lane
Requirements which requires a minimum 12-foot wide pathway 6 foot wide sidewalk and bike lane
along C.R. 951, an arterial roadway, to allow for a new 610-foot sidewalk and bike lane pathway
to be constructed off-site of the PUD and within the canal easement to replace an existing 7-foot
wide 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 Connections will be provided from the sidewalk on The Lord’s Way to the
sidewalk which the County has will constructed on C.R. 951 east of the canal at the intersection of
The Lord’s Way and C.R. 951, from the County constructed sidewalk to the proposed 6 10-foot
sidewalk pathway and from the proposed 610-foot pathway sidewalk to the existing 7-foot sidewalk
on Tract E.
Petitioner’s Justification: The site has limited space between the canal easement and the existing
on-site lakes. The existing 7-foot sidewalk conflicts with the required 20- foot-wide buffer. The LDC
requires a 12-foot pathway and the applicant will agree to construct a 10-foot pathway but within
the canal easement for the portion of the sidewalk within Tract A. This condition will be consistent
with the sidewalk to the north and south along CR 951. The existing 7-foot sidewalk within Tract A
will be removed. This allows for additional space for the landscape buffer.
Staff Analysis and Recommendation: Staff recommends approval, finding that, in compliance
with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived
without detrimental effect on the health, safety, and welfare of the community” and LDC section
10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to the literal application of such regulations.”
Deviation #6
Deviation No. 56 seeks relief from LDC Section 6.06.01.B, Street System Requirements, which
requires that the layout of all developments be coordinated with surrounding properties to provide
interconnections. The deviation is to allow private access to both the church campus and multi-
family development Tract G to be private entrances and to not require interconnection between the
two uses from Tract G to the rest of the PUD. A provision has been made for a potential future
access from Tract G to the east.
Petitioner’s Justification: Revisions to this deviation are for clarity as the church is no longer a
proposed use.
Staff Analysis and Recommendation: Staff recommends approval, finding that, in compliance
with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived
without detrimental effect on the health, safety, and welfare of the community” and LDC section
10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to the literal application of such regulations.”
Deviation #7
Deviation No. 6 7 seeks relief from LDC Section 5.05.04.D.1, Group Housing which requires a
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COLLIER BOULEVARD LORD’S WAY MPUD, PUDA-PL20200000114 March 28, 2022A
Page 18 of 20
maximum floor area ratio that shall not exceed 0.45 for care units, to allow a maximum floor area
ratio of 0.60 for group housing. The deviation is to allow the care units to be developed within the
368,000 square feet of floor area for all uses.
Petitioner’s Justification: The design of continuing care retirement communities (CCRCs) has
changed in recent years, with CCRCs now offering additional recreational, educational, and health
services directly on campus, in addition to personal services, such as hair salons, banks, health spas,
and other concierge services. Continuing care communities in particular are designed to
accommodate the needs of residents from retirement living into long-term care, if needed. These
communities offer both the extent and quality of amenities that a resident expects from a retirement
community in Naples, as well as all of the needed health care facilities for long -term care, offering
skilled nursing and memory care. The additional floor area ratio will provide flexibility for facilities
that provide multiple stages of care and a variety of unit types.
Staff Analysis and Recommendation: Staff recommends approval, finding that, in compliance
with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived
without detrimental effect on the health, safety, and welfare of the community” and LDC section
10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to the literal application of such regulations.”
Deviation #8
Deviation No. 6A 8 seeks relief from LDC Section 5.05.04.D.3.b, Group Housing, that requires 0.75
parking spaces per assisted living unit, to allow 0.75 parking spaces per 10 care units.
Petitioner’s Justification: This deviation was previously approved.
Deviation #9
Deviation No. 7 seeks relief from LDC Sections 4.06.02.D.4 and 5.03.02.E.3, pertaining to
minimum landscape buffer width and minimum wall setback, respectively. The LDC requires that
a 15 foot wide Type B landscape buffer and a 10 foot wide Type A landscape buffers be provided
along the property boundary between Tract G, the multi-family tract, and Tracts A and C of First
Assembly Ministries’ campus with the 15 foot Type B buffer to be provided for the more intensive
use (i.e., on Tracts A and C) and the 10 foot Type A buffer to be provided for the less intensive use
(i.e., on Tract G). The a LDC also requires that the non-residential use provide a minimum 6 foot
high concrete (precast or masonry) wall a minimum of 6 feet from the residential zoning district
boundary (i.e., at least 6 feet inside Tracts A and C). The LDC allows for reductions in required
buffer widths to a minimum width of 10 feet provided that compensating increases in width are
made elsewhere in the buffer. The deviation is to locate the buffers within platted easements as
depicted on Exhibit C, the MPUD Master Plan, departing in places from the property line and with
portions of either buffer encroaching onto an adjacent tract(s). Areas depicted in the legend
represent reductions in buffer width and include compensating increases in buffer width. Portions
of the 10 foot Type A buffer on Tract G – Phase 2 (i.e., adjacent to Celebration Boulevard, the
existing entry road into Tract A) are shown with a reduction to less than 10 feet, severed in some
places, due to the encroachment of proposed impervious improvements. The required wall shall be
located a minimum of 6 feet from the residential side of the 15 foot Type B buffer.
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Petitioner’s Justification: This deviation was previously approved but has been withdrawn. A
10-foot Type A buffer will be provided on Tracts A and C adjacent to Tract G.
Deviation No. 8 seeks relief to LDC Section 4.06.02.C, Table 2.4, which requires buffering internal
to uses within Tracts A and C. The deviation is to allow no buffering between uses internal to Tracts
A and C. See also Deviation No. 7 that provides buffering between Tracts A and C.
Petitioner’s Justification: This deviation is withdrawn.
Deviation No. 9 seeks relief from LDC Section 6.06.01, Private Roadway Width, which requires a
60-foot right-of-way width for local roads, to allow that private roadways shall have a minimum 40-
foot right-of-way width.
Petitioner's Justification: This deviation has been granted for many projects where the roads will
remain private. There is adequate width in a 40-foot right-of-way for a private, local road to allow
for all necessary utilities, sidewalks, and travel lanes. A cross-section has been provided in support
of this deviation.
Staff Analysis and Recommendation: Staff recommends approval, finding that, in compliance
with LDC section 10.02.13.A.3., the petitioner has demonstrated that “the element may be waived
without detrimental effect on the health, safety, and welfare of the community” and LDC section
10.02.13.B.5.h the petitioner as demonstrated that the deviation is “justified as meeting public
purposes to a degree at least equivalent to the literal application of such regulations.”
NEIGHBORHOOD INFORMATION MEETING (NIM):
The applicant held two NIMs for this petition. The first NIM was held on May 5, 2021, at New
Hope Ministries located at 7675 Davis Boulevard, Naples, Florida. There were five attendees at the
NIM. The applicant committed to not having rental residential units.
At the transmittal hearing for the companion GMPA, an affordable rental housing component was
introduced. Therefore, a second NIM was held on December 7, 2021, at the same location. There
were three attendees at the NIM, two in person and one via zoom.
Please see Attachment B-1: NIM Summary 1 and Attachment B-2: NIM Summary 2.
COUNTY ATTORNEY OFFICE REVIEW:
The County Attorney Office has reviewed the Staff Report for this petition on March 10, 2022.
RECOMMENDATION:
Planning and Zoning Review staff recommends that the CCPC forward Petition PUDA-
PL20200000114, Collier Blvd Lord’s Way MPUD to the BCC with a recommendation of approval
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Page 20 of 20
subject to the adoption of the companion GMPA petition PL20200000115, Collier Blvd Lord’s Way
Subdistrict GMPA.
Attachments:
Attachment A: Proposed PUD Ordinance
Attachment B-1: NIM Summary 1
Attachment B-2: NIM Summary 2
Attachment C: Application
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9.A.5Packet Pg. 209Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 210Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 211Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 212Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 213Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 214Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 215Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 216Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 217Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 218Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 219Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 220Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 221Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 222Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 223Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 224Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 225Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 226Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 227Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 228Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 229Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 230Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 231Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 232Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 233Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 234Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 235Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 236Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 237Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 238Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 239Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 240Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 241Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 242Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 243Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 244Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 245Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 246Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 247Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 248Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 249Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 250Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 251Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 252Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 253Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 254Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 255Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 256Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 257Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.5Packet Pg. 258Attachment: [Linked] Attachment C-Application 3-22-22 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)
9.A.6
Packet Pg. 259 Attachment: legal ad - agenda IDs 21925 & 21999 (22348 : PL20200000114, Collier Boulevard Lord's Way MPUD)