Ordinance 2022-25 ORDINANCE NO. 2022- 2 5
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE GENERAL COMMERCIAL (C-4)
ZONING DISTRICT TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE AMERISITE CB
MPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM
OF 303 MULTIFAMILY DWELLING UNITS OF WHICH 68
UNITS WILL QUALIFY AS AFFORDABLE HOUSING, UP
TO 70,000 SQUARE FEET OF COMMERCIAL SHOPPING
CENTER USES, AND UP TO 85,000 SQUARE FEET OF
MINI-WAREHOUSE SELF-STORAGE USES; AND TRUCK
LEASING AND GAS STATION USES SHALL NOT BE
ALLOWED. THE SUBJECT PROPERTY IS LOCATED ON
THE EAST SIDE OF COLLIER BOULEVARD,
APPROXIMATELY 1000 FEET NORTH OF
RATTLESNAKE HAMMOCK ROAD, IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 18.95± ACRES;
PROVIDING FOR REPEAL OF RESOLUTION NO. 14-152,
A CONDITIONAL USE FOR INDOOR SELF STORAGE
AND ORDINANCE NO. 14-28, A REZONE TO GENERAL
COMMERCIAL (C-4); AND BY PROVIDING AN
EFFECTIVE DATE. [PL20210001103]
WHEREAS, Robert J. Mulhere, FAICP and Paula N.C. McMichael, AICP, of Hole
Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A.,
representing Amerisite, LLC, petitioned the Board of County Commissioners to change the
zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
[21-CPS-02123/1724861/11138
Amerisite/PL20210001103 Page 1 of 3
6/7/22
SECTION ONE:
The zoning classification of the herein described real property located in Section 14,
Township 50, Range 26, Collier County, Florida, is changed from a General Commercial (C-4)
Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the
18.95+/- acre project to be known as the Amerisite CB MPUD, to allow construction of a
maximum of 303 residential dwelling units of which 68 units will qualify as affordable housing,
up to 70,000 square feet of commercial shopping center uses, and up to 85,000 square feet of
mini-warehouse self-storage uses; and truck leasing and gas station uses will not be allowed, in
accordance with Exhibits A through F attached hereto and incorporated by reference herein. The
appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended,
the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
Resolution No. 14-152, a conditional use for indoor self-storage and Ordinance No. 14-
28, a rezone to general commercial (C-4) are hereby repealed.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2022- becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of l'Li ij , 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER CO - •RIDA
Alo
6.1)
B ?kAi epu, ty C -Clerk By: �%" '
Wil 'ism L. McDaniel, Jr., Chairman
•
Attes asiotihaurmar s
signature only.
This ordinance filed with th
S�ary of Str,t s
day of ZU, 2C7�-2"
[21-CPS-02123/1724861/1]138 and acknowledgemv, o that
Amerisite/PL20210001103 Page 2 of 3 �g,receiveclQ2 daY
6/7/22 � '
By
Approved as to form and legality:
(tji,..A /,,,,,,,,. ,'f,,,,.... lvv
Heidi Ashton-Cicko b
Managing Assistant County Attorney
Attachments:
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC
Exhibit F: Developer Commitments
[21-CPS-02123/1724861/1]138
Amerisite/PL20210001103 Page 3 of 3
6/7/22
EXHIBIT A
AMERISITE CB MPUD
LIST OF PERMITTED USES
PERMITTED USES:
The PUD may be developed as commercial,residential,or a mixture of residential and commercial
uses. No building or structure, or part thereof, shall be erected, altered, or used, or land used, in
whole or in part, within the Amerisite CB MPUD, for other than the following:
TRACT MU-MIXED- USE DEVELOPMENT
I. Principal Uses
A. Multi-family residential units not to exceed 303 total units.
B. Commercial Uses, not to exceed 70,000 sq. ft. of commercial shopping center and 85,000
sq. ft. of self-storage (mini-warehouse), and excluding gas stations and truck rentals.
1. Accounting (8721).
2. Adjustment and collection services (7322).
3. Advertising agencies (7311).
4. Advertising-miscellaneous (7319).
5. Agricultural services (0783).
6. Amusement and recreation services, indoor(limited to 7991 physical fitness facilities,
gyms, yoga, karate, dance instruction and similar indoor fitness facilities).
7. Apparel and accessory stores (5611-5699).
8. Architectural services (8712).
9. Auditing (8721).
10. Banks, credit Unions and trusts (6011-6099).
11. Barber shops (7241, except for barber schools).
12. Beauty shops (7231, except for beauty schools).
13. Bookkeeping services (8721).
14. Business associations (8611).
15. Business consulting services (8748).
16. Business credit institutions (6153-6159).
17. Carpet and upholstery cleaning (7217).
18. Child day care services (8351).
19. Churches.
20. Commercial art and graphic design (7336).
21. Commercial photography (7335).
22. Commercial printing (2752, excluding newspapers).
23. Computer programming, data processing and other services (7371-7379).
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24. Computer and computer software stores (5734).
25. Credit reporting services (7323).
26. Dance studios, schools and halls, indoor(7911).
27. Department stores(5311), not to exceed 20,000 gross square feet of leasable floor area.
28. Direct mail advertising services (7331).
29. Drug stores (5912).
30. Eating and drinking establishments (5812 and 5813) excluding bottle clubs. All
establishments engaged in the retail sale of alcoholic beverages for on-premise
consumption are subject to the locational requirements of LDC section 5.05.01.
31. Engineering services (8711).
32. Essential services, subject to section 2.01.03
33. Facilities support management services (8744).
34. Federal and federally-sponsored credit agencies (6111).
35. Food stores (groups 5411-5461).
36. Garment pressing, and agents for laundries and drycleaners (7212).
37. Glass stores (5231).
38. General merchandise stores (5331-5399), not to exceed 20,000 gross square feet of
leasable floor area.
39. Group care facilities(category I and II, except for homeless shelters);care units, except
for homeless shelters; nursing homes;assisted living facilities pursuant to §429.02 F.S.
and ch. 59A-36 F.A.C.; independent living units; and continuing care retirement
communities pursuant to ch. 651 F.S. and ch. 690-193 F.A.C.; all subject to LDC
section 5.05.04
40. Hardware stores (5251).
41. Health services, miscellaneous (8092).
42. Health services, offices and clinics (8011-8049).
43. Home furniture and furnishings stores(5712-5719).
44. Hospitals (8062).
45. Hotels and motels (7011, 7021 and 7041)when located within an activity center.
46. Household appliance stores (5722).
47. Insurance carriers, agents and brokers (6311-6399, 6411).
48. Landscape architects, consulting and planning (0781).
49. Laundries and dry-cleaning, coin operated-self-service(7215).
50. Laundry and garment services, miscellaneous (7219).
51. Legal services (8111).
52. Libraries (8231).
53. Management services (8741, 8742).
54. Medical and dental laboratories (8071 and 8072).
55. Medical equipment rental and leasing(7352).
56. Membership organizations, miscellaneous (8699).
57. Membership sports and recreation clubs, indoor(7997).
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58. Mortgage bankers and loan correspondents (6162).
59. Motor freight transportation and warehousing(4225,air-conditioned,indoor,mini-and
self-storage warehousing only).
60. Museums and art galleries (8412).
61. Musical instrument stores (5736).
62. News syndicates (7383).
63. Nursing and professional care facilities (8051-8052).
64. Paint stores (5231).
65. Personnel supply services (7361 & 7363).
66. Photocopying and duplicating services (7334).
67. Photographic studios, portrait(7221).
68. Physical fitness facilities (7991).
69. Professional membership organizations(8621).
70. Public relations services (8743).
71. Radio, television and consumer electronics stores (5731), not to exceed 20,000 square
feet of gross leasable floor area.
72. Radio, television and publishers advertising representatives (7313).
73. Real Estate (6512, 6531-6552).
74. Record and prerecorded tape stores (5735).
75. Religious organizations (8661).
76. Research, development and testing services (8731-8734).
77. Retail - miscellaneous (5921-5963, 5992-5995, 5999).
78. Secretarial and court reporting services (7338).
79. Security and commodity brokers, dealer, exchanges and services (6211-6289).
80. Security systems services (7382).
81. Surveying services (8713).
82. Tax return preparation services (7291).
83. Travel agencies (4724, no other transportation services).
84. United States Postal Service(4311, except major distribution center).
85. Veterinary services (0741 & 0742, excluding outside kenneling).
86. Wallpaper stores (5231).
87. Watch, clock and jewelry repair(7631).
88. Any other principal use which is comparable in nature with the forgoing list of
permitted principal uses, as determined by the Hearing Examiner of the Board of
Zoning Appeals, by the process outlined in the LDC.
II. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures permitted by right in this MPUD, including, but not limited to:
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A. Residential Accessory Uses:
1. Recreational uses and facilities that serve the residents of the PUD, such as swimming
pools, fitness centers, dining facilities, sports courts, and recreation/amenity buildings.
2. Customary accessory uses and structures to residential units, including parking
structures, gazebos, fountains, trellises, signage, entry gates and gatehouse, and similar
structures.
3. Temporary sales facilities may be permitted.
B. Commercial Accessory Uses:
1. One caretaker's residences, subject to LDC Section 5.03.05.
2. Temporary display of merchandise during business hours provided it does not
adversely affect pedestrian or vehicular traffic or public hearing or safety as determined
by the County. Merchandise storage and display is prohibited within front yards
adjacent to public rights of way, unless permitted through a temporary use permit for a
special event.
3. Customary accessory uses and structures to commercial development, including
parking structures, gazebos, fountains, trellises, and similar structures.
III.Amplified Sound:
The use of amplified sound shall be limited to 8:00 AM to 10:00 PM.
TRACT P—PRESERVE
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.
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EXHIBIT B
AMERISITE CB MPUD
LIST OF DEVELOPMENT STANDARDS
The table below sets forth the development standards for residential and commercial land uses
within the Amerisite CB MPUD. Standards not specifically set forth herein shall be those specified
in applicable sections of the LDC in effect as of the date of approval of the SDP or subdivision
plat.
TABLE I: RESIDENTIAL & COMMERCIAL DEVELOPMENT STANDARDS
CLUBHOUSE/
MULTI-FAMILY RECREATION COMMERCIAL'
BUILDINGS
PRINCIPAL STRUCTURES
MIN. LOT AREA N/A N/A 10,000 S.F.
MIN. LOT WIDTH N/A N/A 100 FEET
MIN. FLOOR AREA 700 S.F./D.U. N/A 700 S.F.
MINIMUM YARDS(EXTERNAL—MEASURED FROM THE PUD BOUNDARY)
NORTH PROPERTY LINE 35' 35' 35'
50%OF BH,NO 50%OF BH,NO 50%OF BH,NO
SOUTH PROPERTY LINE LESS THAN 15' LESS THAN 15' LESS THAN 15'
EAST PROPERTY LINE 170' 170' 170'
50%OFBH,NO
WEST PROPERTY LINE 100 30 LESS THAN 25'
MINIMUM YARDS(INTERNAL-MEASURED FROM INTERNAL LOT LINES)
MIN. FRONT YARD 10 FEET4 10 FEET4 15 FEET
MIN. SIDE YARD 15 FEET 15 FEET 10 FEET
MIN. REAR YARD 15 FEET 15 FEET 10 FEET
MIN. PRESERVE 25 FEET 25 FEET 25 FEET
SETBACK
MIN. LAKE SETBACK 20 FEET 20 FEET 20 FEET
MIN. DISTANCE 15 FEET or Sum of 20 FEET or'h Sum
BETWEEN BH,whichever is 10 FEET of BH, whichever is
STRUCTURES greater greater
MAX. BUILDING
HEIGHT 50'/57' 35'/42' 50757'2'3
ZONED/ACTUAL
MAX. FAR(ALF/GROUP N/A N/A 0.6
HOUSING)
ACCESSORY STRUCTURES
MIN. FRONT YARD SPS SPS SPS
MIN. SIDE YARD 10 FEET 10 FEET 10 FEET
MIN. REAR YARD 10 FEET 10 FEET 10 FEET
MIN. PRESERVE 10 FEET 10 FEET 10 FEET
SETBACK
MIN. DISTANCE
BETWEEN 10 FEET 10 FEET SPS
STRUCTURES5
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CLUBHOUSE/
MULTI-FAMILY RECREATION COMMERCIAL'
BUILDINGS
MAX. HEIGHT ZONED 35'/42' SPS SPS
&ACTUAL
SPS=Same as Principal Structures;NTE=not to exceed; S.F.=square feet;BH=building height.
Footnotes:
1. Indoor air-conditional self-storage buildings may be only permitted within 100 feet of the property line
adjacent to Collier Boulevard if the building(s)is not visible from Collier Boulevard. Office space accessory
and incidental to the use of indoor air-conditioned self-storage,if located in a separate building,is not subject
to this distance limitation.
2. Retail uses shall be limited to a maximum zoned height of 35 feet.
3. Group care facilities and hotels/motels are permitted a maximum zoned height of 75 feet.
4. Front yards for parcels abutting a street or internal driveway shall be measured from the back of curb (if
curbed)or edge of pavement(if not curbed).
5. Minimum distance between accessory structures or between accessory structures and principal structures.
II. Design Standards
A. Architectural Theme.
i. All buildings, signage, landscaping, and visible architectural infrastructure shall be
architecturally and aesthetically unified. Said unified architectural theme shall include:
similar architectural design and use of similar materials throughout all of the buildings,
signs, and fences/walls to be erected on the subject parcel.
ii. Landscaping and streetscape materials shall also be similar in design throughout the
subject site. An architectural plan shall be submitted concurrent with the first
application for the Site Development Plan approval demonstrating compliance with
these standards.
B. Unified Design Theme.
The project will be developed, whether through a platted subdivision or through a Site
Development Plan, with the following:
i. Shared access from Collier Boulevard;
ii. Shared stormwater management design; and
iii. Lighting designed and shielded to prevent spillage or glare on adjacent parcels.
iv. Common architectural, landscaping, and signage design theme.
C. Landscaping.
Landscaping shall be in accordance with LDC section 4.06.00. The required landscape
buffer along the northern property line shall be 10 feet wide with LDC Type `B" Buffer
plantings.
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D. Indoor self-storage (SIC 4225) —Access to indoor air-conditioned self-storage buildings,
including any roll-up doors, shall only be allowed on the east side of the building, or on
any other side of the building where such access is not visible from Collier Boulevard.
Outdoor storage is prohibited.
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EXHIBIT D
AMERISITE CB MPUD
LEGAL DESCRIPTION
PARCEL 1 (TAX PARCEL NO. 00416800001)
A PORTION, PARCEL OR TRACT OF LAND LYING AND BEING IN THE COUNTY OF
COLLIER IN THE STATE OF FLORIDA, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE
26 EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWED:
THE NORTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS
AND EXCEPT RIGHT OF WAY AS LOCATED IN THE WEST 100 FEET OF SAID PARCEL,
LYING AND BEING IN COLLIER COUNTY.
PARCEL 2 (TAX PARCEL NO. 00418200007)
A PORTION, PARCEL OR TRACT OF LAND LYING AND BEING IN THE COUNTY OF
COLLIER IN THE STATE OF FLORIDA, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE
26 EAST, BEING ORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4,
OF SAID SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, IN COLLIER COUNTY,
FLORIDA; LESS AND EXCEPT RIGHT OF WAY AS LOCATED IN THE WEST 100 FEET
OF SAID PARCEL, LYING AND BEING COLLIER COUNTY, FLORIDA.
PARCEL 3 (TAX PARCEL NO. 00417720009)
A PORTION, PARCEL OF TRACT OF LAND LYING AND BEING IN THE COUNTY OF
COLLIER, STATE OF FLORIDA, IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26
EAST, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF SAID SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
LESS AND EXCEPT RIGHT OF WAY AS LOCATED IN THE WEST 100 FEET OF SAID
PARCEL, LYING AND BEING IN COLLIER COUNTY, FLORIDA. CONTAINING 827,640
SQUARE FEET OR 19.00 ACRES, MORE OR LESS.
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EXHIBIT E
AMERISITE CB MPUD
LIST OF DEVIATIONS
Deviation 1: Deviation No. 1 seeks relief from LDC Section 5.05.04 D.1, which states the
maximum floor area ratio for ALF/Group Housing shall not exceed 0.45, to instead allow for a
maximum floor area ratio of 0.6.
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EXHIBIT F
AMERISITE CB MPUD
LIST OF DEVELOPER COMMITMENTS
The purpose of this section is to set forth the development commitments for the development of
this project.
I. GENERAL:
A. One entity(hereinafter the Managing Entity)shall be responsible for PUD monitoring until
close-out of the PUD, and this entity shall also be responsible for satisfying all PUD
commitments until close-out of the PUD. At the time of this MPUD approval, the
Managing Entity is Amerisite, LLC. Should the Managing Entity desire to transfer the
monitoring and commitments to a successor entity,then it must provide a copy of a legally
binding document that needs to be approved for legal sufficiency by the County Attorney.
After such approval, the Managing Entity will be released of its obligations upon written
approval of the transfer by County staff, and the successor entity shall become the
Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall
provide written notice to the County that includes an acknowledgement of the
commitments required by the MPUD by the new owner and the new owner's agreement to
comply with the Commitments through the Managing Entity,but the Managing Entity shall
not be relieved of its responsibility under this Section. When the PUD is closed-out, then
the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD
commitments.
B. 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.
C. Development of the subject property 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.
D. All other applicable state or federal permits must be obtained before commencement of the
development.
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II. TRANSPORTATION:
A. The maximum total daily trip generation for the PUD shall not exceed 493 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.
B. Vehicular and Pedestrian interconnection will be provided to the south to allow access to
all connection points with The Good Turn PUD, consistent with the conceptual PUD
Master Plan and subject to an agreement that the developer of the Good Turn PUD shares
in the cost of the existing bridge. The final location of the access point will be coordinated
with the adjacent property owner and a cross-access easement, or an access easement to
the public for public use without responsibility of maintenance by Collier County, will be
provided at time of the first Site Development Plan or Plat. The connection and supporting
infrastructure will be constructed to the property line by the developer or successors or
assigns prior to the first Certificate of Occupancy. The interconnections shall remain open
to the public.
III. PLANNING:
A. The developer, its successor or assignee,shall provide to any prospective resident an actual
and recorded notice with respect to the noise that is associated with the Swamp Buggy
Races located at 8250 Collier Boulevard, Naples, Florida, within the Florida Sports Park
(within the Hacienda Lakes MPUD) as it relates to the location of this MPUD. The notice
shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate
traffic, and noise which may be heard on the 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.
Within 120 days of approval of this rezone, the owner shall record in the public records of
Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds.
The notice shall disclose that the Florida Sports Park and Swamp Buggy operations
regularly generate noise which can be heard on the Collier Boulevard Commercial
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. The legal description of
the property subject to this rezone shall be attached to the notice.
B. The developer 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
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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;
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.
viii. Group housing for seniors shall be constructed to have a core area to shelter residents
and staff on site in the event of a hurricane. The core area will be constructed to meet
the Public Shelter Design Criteria that are required for new public schools and public
community colleges and universities ("State Requirements for Educational Facilities,
2014") and shall be capable of ventilation or air conditioning provided by back-up
generator for a period of no less than 96 hours.
C. The sale or rental of adult oriented books,videos,tapes,or other material in conjunction
with any permitted use is prohibited.
D. A minimum of 40 percent of the 303 dwelling units will be one-bedroom units.
IV. 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.
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V. ENVIRONMENTAL:
A. At time of development review, a Black Bear Management Plan will be required.
B. At time of development review, a Bald Eagle Management Plan may be required.
VI. EMERGENCY MANAGEMENT:
A. The developer shall provide, prior to issuance of a certificate of occupancy for a residential
development, a new, quiet-running extended run-time towable 45kw (minimum-kw)
generator per Emergency Management's specifications. The towable generation will be a
one-tome developer contribution based on the number of units permitted at time of SDP to
meet the hurricane mitigation impact for evacuation concerns. The generator specifications
must be pre-approved by the Department of Emergency Management as the County has
certain interoperable standards and required safety options.
VII. AFFORDABLE HOUSING COMMITMENTS
A. Of the 303 multifamily dwelling units,the project shall comply with the following:
2) Thirty-four units will be rented to households whose incomes are up to and including 80%
of the Area Median Income (AMI) for Collier County and thirty-four units will rented to
households whose incomes are up to and including 100% of the 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 certificate of occupancy of the first unit. AMI rent limit
adjustments will be made on an annual basis according to the most recent Collier County
approved Table of Rental Rates.
OR—
2) a. Thirty-four units will be sold to households whose initial certified incomes are up to
and including 80% of the Area Median Income (AMI) for Collier County and thirty-
four units will be sold to households whose initial certified incomes are up to and
including 100% of the AMI for Collier County. These units will be committed for a
period of 30 years from the date of the issuance of the certificate of occupancy and sold
to households that qualify for the designated income thresholds. Prior to sale of any of
the 68 units, the owner and developer will record a restrictive covenant in the public
records of Collier County identifying the affordable units and the income threshold
pertaining to each unit. The covenant will state that each unit will be initially sold and
subsequently sold to qualifying households for a period of 30 years of the issuance of
the Certificate of Occupancy for each unit. It will also state that at least 30 days prior
to the sale of any unit, the County's Community and Human Services Division will be
notified in writing and provided documents for income verification and certification on
forms acceptable to Collier County. The closing on the sale may occur after the County
confirms that the household qualifies for the designated income thresholds.
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b. All deeds for the 68 affordable units will reference the restrictive covenant, identify the
official record book and page number of the recorded restrictive covenant, and contain the
following statement:
"This property is to be conveyed and occupied in accordance with Exhibit F, Section VII,
Affordable Housing Commitments, Paragraph 2) of Ord. No. 20 a5, the Amerisite CB
MPUD, and the Declaration of Restrictive Covenant recorded in Official Records Book
Page of the Public Records of Collier County,Florida. Notice of any subsequent
conveyance or other transfer of rights of this property is required to be given to the Collier
County Community and Human Services Division, its successors or assigns, 3339
Tamiami Trail East, Suite 211,Naples, FL 34112. This requirement shall run with the land
and be contained within all future conveyance documents for a period of thirty (30) years
form the date of issuance of the first certificate of occupancy for this property."
B. As part of the annual PUD monitoring report, the developer will include an annual report
that provides the progress and monitoring of occupancy of the income restricted units.
VIII. DENSITY CALCULATION AND TRANSFER OF DEVELOPMENT RIGHTS
(TDR) CREDITS
A. To achieve the maximum allowable density of 303 units: The first 18 units above the base
density of a total of 28 units requires redemption of TDR Credits from qualified Sending
Lands.
B. A density calculation and TDR Credit tracking sheet shall be submitted with each Site
Development Plan ( SDP) and/ or plat for the redemption of TDR Credits needed for the
project.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 5, 2022
Martha S. Vergara, BMR & VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 341 12
Dear Martha Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-25, which was filed in this office on July 5, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270