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Ordinance 2023-28 ORDINANCE NO. 2023-28 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REZONING THE CARLISLE NAPLES AND THE SOUTHERLY ADJACENT PARCEL TO ALLOW GROUP CARE, CARE UNITS, NURSING HOMES, ASSISTED LIVING FACILITIES, AND CONTINUING CARE RETIREMENT COMMUNITIES USES WITH A MAXIMUM 0.65 FLOOR AREA RATIO AND UP TO 336 MULTI-FAMILY DWELLING UNITS, BY AMENDING ORDINANCE NO. 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 RURAL AGRICULTURAL (A) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4) TO A MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT WITH A WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONE W-4 (ST/W-4) TO BE KNOWN AS THE HAVEN AT NORTH NAPLES MPUD ON 27.78± ACRES LOCATED SOUTHWEST OF THE INTERSECTION OF ORANGE BLOSSOM DRIVE AND AIRPORT ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BY PROVIDING FOR REPEAL OF RESOLUTION 96-405, A CONDITIONAL USE ESTABLISHING THE GROUP CARE FACILITY; AND BY PROVIDING AN EFFECTIVE DATE. (PL20220001042) WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc., and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing SRG CN FL, LLC, a Delaware limited liability company, Johnson Development Associates, Inc., a South Carolina corporation, Charles E. Herring, Todd W. Ward, Whitley S. Ward, John E. Crimmel, Jr., as Attorney-in-Fact for Sharon T. Crimmel, as Trustee of the Sharon T. Crimmel Declaration of Trust dated October 2, 1987, Cynthia Crimmel, as Successor Trustee of the John E. Crimmel [22-CPS-02259/1784092/1] 176 The Haven at North Naples MPUD Page 1 of 3 PL20220001042 5/26/2023 CAO Declaration of Trust dated October 2, 1987, and Susan W. Wright, Trustee of the Susan W. Wright Revocable Trust U/A/D May 15, 2019, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County, Florida is changed from the Rural Agricultural (A) Zoning District with a Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) to a Mixed-Use Planned Unit Development (MPUD) Zoning District with a Wellfield Risk Management Special Treatment Overlay Zone W-4 (ST/W-4) for a 27.78± acre parcel to be known as The Haven at North Naples MPUD 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Repeal of Conditional Use Resolution. Resolution No. 96-405, a conditional use for a group care facility is hereby repealed in its entirety. SECTION THREE: Effective Date. 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. 2023-27 becomes effective. [22-CPS-02259/1784092/11 176 The Haven at North Naples MPUD Page 2 of 3 PL20220001042 5/26/2023 C'10 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 23rd day of May 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA • D C` By: ` / Aesta5 t ii0 cll uty Clerk Rick LoCastro, Chairman 'CI ttlE ;Q Appr as td' and legality: Derek D. Perry Assistant County Attorney This ordinance Med with the Attachments: Exhibit A—Permitted Uses Secretary of -t-,le`s Cffi„co the Exhibit B —Development Standards day of GD Exhibit C—Master Plan and acknowledgern n of that Exhibit D—Legal Description film received this day Exhibit E—Deviations of Exhibit F—Developer Commitments Op awls [22-CPS-02259/1784092/1] 176 The Haven at North Naples MPUD Page 3 of 3 PL20220001042 CI5/26/2023 '7 EXHIBIT A THE HAVEN AT NORTH NAPLES MPUD LIST OF PERMITTED USES Regulations for development of the MPUD shall be in accordance with the content of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the Site Development Plan(SDP)or plat. Where the MPUD Ordinance does not provide development standards,then the provision of the specific sections of the LDC that are otherwise applicable shall apply. I. Tract A Permitted Uses A. Principal Permitted Uses. 1. 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.; 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 at a maximum Floor Area Ratio (FAR) of 0.65 for Principal/Accessory Buildings. 2. Any other commercial or professional use which is comparable in nature with the foregoing list of permitted uses and consistent with the purpose and intent of the district as determined by the Board of Zoning Appeals or HEX, pursuant to the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures permitted by right in this MPUD, subject to I.A.1. above, including, but not limited to: 1. Indoor Accessory Uses including the following: Administrative Offices; Housekeeping; Public Restrooms; Coat Room; Main Dining Room; Private dining; Central Kitchen; Library; Game/Card Rooms; Business Center; Billiards Room; Arts Studio; Beauty/Barber Shop; Resident Social Director's Office; Receiving Room; Nurse Practitioner's Office; Auditorium;Exercise Studio;Physical Therapy; Physician Office; Locker Room and Showers;Massage/Spa Therapy;Beauty Salon(AL& SNF); Exercise Physiologist Office; Resident Services Director's Office; Resident Services Staff's Office; Sales and Marketing. The aforementioned uses are only available to residents and their guests. 2. Outdoor Accessory Uses including the following: Parking facilities; covered loading dock; guard house; outdoor recreational facilities such as swimming pool and deck and similar facility; walking trails; signs and water management facilities; hardscape, Page 1 of 11 The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) C� seating, trellis and decks; lawn games — croquet, badminton and lawn bowling; deck and trellis; putting greens; courtyard, garden and landscaping; maintenance building. II. Tract B Permitted Uses A. Principal Permitted Uses 1. Multi-family dwelling units, not to exceed 336 total dwelling units (12.10 dwelling units per gross acre). B. 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: 1. Recreational uses and facilities that serve the residents (and their guests) of Tract B, such as swimming pools, fitness centers, dining facilities, sports courts, and clubhouse/recreation buildings. 2. Customary accessory uses and structures to multi-family units, including parking structures, gazebos, fountains, trellises, signage, entry gates and gatehouse, administrative offices, and similar structures. 3. Additional and/or offsite parking for Tract A. 4. Temporary sales facilities may be permitted. Page 2 of 11 .212 The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) 0 EXHIBIT B HAVEN AT NORTH NAPLES MPUD LIST OF DEVELOPMENT STANDARDS The table below sets forth the development standards for the uses within Haven at North Naples 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: DEVELOPMENT STANDARDS TRACT B TRACT B CLUBHOUSE/ TRACT A MULTI-FAMILY RECREATION GROUP CARE,ETC. BUILDINGS' PRINCIPAL STRUCTURES MIN.LOT AREA 10 Ac. N/A 10 Ac. MIN.LOT WIDTH 150' N/A 150' MIN.FLOOR AREA 700 S.F./DU N/A N/A MINIMUM YARDS(MEASURED FROM THE PUD BOUNDARY) NORTH,ADJ TO ORANGE N/A N/A 30' BLOSSOM DR. (FRONT YARD) NORTH,ADJ TO AG ZONED 20' 20' N/A PARCEL(SIDE YARD) SOUTH(SIDE YARD) 30' 30' N/A EAST(FRONT YARD) 30' 30' 30' WEST(REAR YARD) 130'4 130' 30' MIN.PRESERVE SETBACK2 25' 25' 25' MIN.LAKE SETBACKS 0' 0' 0' 'h OF THE ZONED `h OF THE ZONED 'h OF THE ZONED MIN.DISTANCE BETWEEN BUILDING HEIGHT BUILDING HEIGHT BUILDING HEIGHT OR STRUCTURES OR AS REQ.BY FIRE OR AS REQ.BY FIRE AS REQ.BY FIRE CODE,WHICHEVER CODE,WHICHEVER CODE,WHICHEVER IS IS GREATER IS GREATER GREATER MAX.BUILDING HEIGHT 55'NTE 4 STORIES 35'NTE 2 STORIES 40' ZONED MAX.BUILDING HEIGHT 60' 42' 45' ACTUAL MAX.FAR(GROUP HOUSING) N/A N/A 0.65 ACCESSORY STRUCTURES(MEASURED FROM THE PUD BOUNDARY) NORTH,ADJ TO ORANGE N/A N/A SPS BLOSSOM DR.(FRONT YARD) NORTH,ADJ TO AG ZONED SPS SPS N/A PARCEL(SIDE YARD) SOUTH(SIDE YARD) SPS SPS N/A EAST(FRONT YARD) SPS SPS SPS WEST(REAR YARD) SPS4 SPS SPS MIN.PRESERVE SETBACK2 10' 10' 10' MIN.DISTANCE BETWEEN SPS SPS SPS STRUCTURES MAX.HEIGHT ZONED 20' 20' 20' MAX.HEIGHT ACTUAL 25' 25' 25' SPS=Same as Principal Structures;NTE=not to exceed; S.F.=square feet;BH=building height. Footnotes: 1. If clubhouse/recreation buildings are located within a multi-family building,the required setbacks shall be the same as multi-family. 2. These setbacks shall be applicable if the preserve is located on-site. 3. Measured to the lake maintenance easement. 4. Single-story garages(NTE 20'in height)and trash enclosures shall be setback no less than 30'. Page 3 of 11 The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) V TABLE II: PERIMETER LANDSCAPE BUFFERS Direction Buffer Type North, adjacent to Orange Blossom Dr. 20' Type D North, adjacent to A zoned property 10' Enhanced Type A South 10' Type A East, adjacent to Airport Pulling Road 20' Type D East, adjacent to CPUD and A zoned 10' Type A parcels West, within Tract A 10' Type A West, within Tract B 15' Enhanced Type B Page 4 of 11 OVD The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) 4 < 0) ro Ill O 7 C1Wa OW o o M/-Z u. 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UUQ Oa~'o�7~~ W Y >mNJ El 2UU 5 wm J WNJ2P R W(n N > >wD X'', O zO2.0a!‹Wwaz a-xu.c)O a.a w ©o i 0cc¢w�0°W e U UccN a'. 1- wZ cn ssom zmo_wo<0 mi- O _Imcnm <Qu_I-aMU`SF m - w 2 1- cccc x cn ww o^ ac O -w w Q o0w IX> a0V$ LL-....mr WZ Oa C7sJ ZWU' 0 zZ0 Z -I Z- 2 IlJ zwQ I zarnw F6. O�O Z m cws ie OJto 4 @ io ._ .aa SQ O. =ZY y0 ei. cetili AIRPORT PULLING ROAD o ¢F_p ^w 3II _ - to 0 0 w;F a - s 1 - - S I Jw •\ N+ LI q I I L ,lb 1- >- W H >KQOan I4 W' I 1_SWW i <0 Q '�d ° W ' �UX 7-032_IJa mO W Q N o Q zw vm r Z J LLT L_mz U4 cius QZOw 3J� Z m VJ0Q ND U VLLQ <a a if�= Iwp U� z-~ I6 uZww Iw Ili za Di a 7 F '4 Iu W 1 d :N Y . aV(77ceI l O ro , , go z� jo ci Z0w 'QNS7 LL W - t i.. w WWF- �O p � ' rcaN co - y YWa o 10 e ' JJau _; I ` Itwi1W ¢_;!�- J J `•rn . t1 g 7 I �� i' � 4 ww wo a W a a U ' Z j co T Qa Z _ Q' Lli CI I A m o p o. WO Ow � -I 7 WL � J I . w u w ' ¢ N Z/ I IT `�9 Q z z ZU0 > WIt Q � '' u w � i � ¢z z w z1 Z N N � a - LL b �a ? W win R > ' Ill wa I I iniii Iv o0 ax I- Ul¢ <4 I t ` - - - b 0 m w 1 �d zzaT = w w I J s V I aw .M I = H XI W P.' W3 t3J N g w u I 7� 2 (1ON303 pWg (7j ma �Z'= a-IW Z0 3lSI1dVO)Ofld2INI ZN ' � o� > nQ ouW od zwZ vd NCII 00d 7L D Li 0 N @8Q®4- Page 5 of 11 01- The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) EXHIBIT D THE HAVEN AT NORTH NAPLES MPUD LEGAL DESCRIPTION (PARCEL NO. 00238040007) COMMENCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA: THENCE ALONG THE EAST LINE OF SAID SECTION 2,NORTH 2°14'00" WEST 1049.41', THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2, SOUTH 89°51'42" WEST 100.07' TO THE WEST RIGHT OF WAY LINE OF STATE ROAD 31 AND THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUING PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2, SOUTH 89°51'42" WEST 1250.68' TO THE WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 2; THENCE ALONG SAID WEST LINE OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 2,NORTH 1°57'50" WEST 347.75'; THENCE PARALLEL WITH THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 2,NORTH 89°51'42" EAST 1249.04' TO THE WEST RIGHT OF WAY LINE OF STATE ROUTE 31; THENCE ALONG SAID WEST RIGHT OF WAY LINE, SOUTH 2°14'00" EAST 347.75' TO THE PLACE OF BEGINNING; BEING A PART OF THE EAST 1/2 OF THE SOUTHEAST 1.4 OF SECTION 2, TOWNSHIP SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. LEGAL DESCRIPTION (PARCEL NO. 00238240001) COMMENCING AT THE SOUTHEAST CORNER OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE EAST LINE OF SAID SECTION 2,NORTH 02 DEGREES 57 MINUTES 30 SECONDS WEST, 1397.16 FEET; THENCE LEAVING SAID SECTION LINE SOUTH 89 DEGREES 08 MINUTES 26 SECONDS WEST, 100.02 FEET TO THE WEST RIGHT-OF-WAY LINE OF AIRPORT- PULLING ROAD (C.R. 31) AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE SOUTH 89 DEGREES 08 MINUTES 26 SECONDS WEST, 602.51 FEET; THENCE CONTINUE SOUTH 89 DEGREES 08 MINUTES 26 SECONDS WEST,646.53 FEET;THENCE NORTH 02 DEGREES 41 MINUTES 03 SECONDS WEST, 972.50 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF ORANGE BLOSSOM DRIVE; THENCE ALONG SAID LINE NORTH 89 DEGREES 12 MINUTES 27 SECONDS EAST, 584.37 FEET; THENCE LEAVING SAID LINE SOUTH 02 DEGREES 56 MINUTES 50 SECONDS EAST, 660.18 FEET; THENCE NORTH 89 DEGREES 12 MINUTES 27 SECONDS EAST, 660.26 FEET TO THE SAID WEST RIGHT-OF-WAY LINE OF AIRPORT- PULLING ROAD; THENCE ALONG SAID WEST LINE SOUTH 02 DEGREES 58 MINUTES 50 SECONDS EAST, 311.02 FEET TO THE POINT OF BEGINNING. Page 6 of 11 O V The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) EXHIBIT E HAVEN AT NORTH NAPLES MPUD LIST OF DEVIATIONS Deviation 1 (Group Housing) seeks relief from LDC Section 5.05.04.D.1, Group Housing, which states the maximum floor area ratio (FAR) for ALF/Group Housing shall not exceed 0.45, to instead allow for a maximum FAR of 0.65. Deviation 2 (Buffer Requirements) seeks relief from LDC Section 4.06.02—Buffer Requirements, Table 2.4,which requires a 15' wide,Type B perimeter landscape buffer where the proposed multi- family development is adjacent to commercial uses to instead allow for an enhanced, 10' foot wide Type A perimeter landscape buffer. Page 7 of 11 9 C,G The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) EXHIBIT F HAVEN AT NORTH NAPLES 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 MPUD monitoring until close-out of the MPUD, and this entity shall also be responsible for satisfying all MPUD commitments until close-out of the MPUD. At the time of this MPUD approval, the Managing Entity is Johnson Development Associates, Inc. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document that needs to be approved for legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity.As Owner and Developer sell off tracts, the Managing Entity shall provide written notice to 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 MPUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of MPUD 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. Page 8 of 11 QQ G The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) II. TRANSPORTATION: A. The maximum total daily trip generation for the MPUD shall not exceed 343 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. The multi-family project in Tract B shall not have access to Orange Blossom Drive through Tract A. C. At time of SDP, an access connection shall be provided by owner to Bear Creek Drive, limited to emergency vehicles only, at the location depicted on the PUD Master Plan utilizing the 24' wide ingress/egress easement (OR BK 1891, PG 1565). III. PLANNING: A. The developer of any group housing, including a retirement community, its successors or assigns, shall provide the following services and be subject to compliance with LDC Section 5.05.04(with the exception of the deviation granted from LDC Section 5.05.04.D.1 to allow a maximum FAR of 0.65), and 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; 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. Page 9of11 Gp,0 The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) 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. IV. ENVIRONMENTAL: A. The minimum required native preservation is ±0.39 Ac. (25% of 1.55 Ac.). Pursuant to LDC Sec. 3.05.07.H.l.f., the developer will mitigate the preservation requirement off-site or via payment-in-lieu. If mitigated off-site, the developer shall donate ±1.56 Ac. (±0.39 Ac x 4)to Collier County or to another government agency. B. A listed species management plan will be provided for Eastern Indigo Snake and Big Cypress Fox Squirrel, as well as any other listed species found on-site at the time of development approval. The management plan will address how listed species will be protected, including the listed plant species observed within the development footprint. V. AFFORDABLE HOUSING A. To achieve the 336 dwelling units, the MPUD shall commit to the following: 38 units will be rented to households whose incomes are up to and including 100% of the Area Median Income (AMI)for Collier County and an additional 38 units will be rented to households whose incomes are up to and including 80%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. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. At time of SDP,Developer will specify the total number of rental unit types to be constructed, such as one-bedroom, two-bedroom, and three-bedroom units, and at least 22.6% of each unit type will be affordable as specified herein. For example, if Developer builds 100 one- bedrooms, 200 two-bedrooms, and 36 three-bedrooms, then 23 one-bedrooms, 45 two- bedrooms, and 8 three-bedrooms shall be affordable. 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, including rent data for rented units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on-site monitoring by the County. C. The County at any time may inspect the business records of the owner and/or managing entity relating to affordable housing monitoring and compliance, by providing a minimum of 7 calendar days advance notice. Page 10 of 11 CAp The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) D. At the time a dwelling unit constructed on Tract B is issued a certificate of occupancy, the developer shall contribute $1,000 per non-income restricted unit constructed on Tract B to the County to be used for affordable housing. VI. OTHER A. Enhancements to the northern perimeter buffer within Tract B shall consist of shrubs a minimum of ten gallons in size, four feet in height, spaced a maximum of four feet on center at the time of planting. B. Enhancements to the western perimeter buffer within Tract B shall consist of a concrete block and stucco wall eight feet in height. The required landscape buffer plantings will be located on the western portion of the wall. C. With respect to the perimeter landscape buffer along the south property line, where said buffer incudes a portion the Collier County Drainage Easement(OR 2870 PG 11): i. No required landscape buffer plantings shall be located within the portion of the buffer that is encumbered by the County's Drainage Easement; and ii. Prior to Site Development Plan (SDP) submittal, the developer shall coordinate with the Collier County Landscape Architect to identify the types of plantings that will meet the LDC requirements for this buffer, while reducing root impacts and/or excessive growth of such plantings on the infrastructure (pipe(s)) located in said Drainage Easement. Page 11 of 11 CAO The Haven at North Naples MPUD(PL-20220001042)(5-26-2023) III , FLORIDA DEPARTMENT OfSTATE RON DESANTIS CORD BYRD Governor Secretary of State May 30, 2023 Jennifer Hansen, BMR& VAB Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Jennifer Hansen, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-28, which was filed in this office on May 30, 2023. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270