Ordinance 2008-41
ORDINANCE NO. 08 _ 41
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 INCLUDES 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 A
PLANNED UNIT DEVELOPMENT (PUD) ZONING
DISTRICT TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR A
69+/- ACRE PROJECT KNOWN AS THE FIRST
ASSEMBL Y MINISTRIES EDUCATION AND
REHABILITATION CAMPUS MPUD TO ALLOW
MULTI-FAMILY UNITS, COMMUNITY FACILITIES
AND CHURCH-RELATED USES ON PROPERTY
LOCATED IN SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 99-59 WHICH ESTABLISHED THE
FORMER 79.1+/- ACRE FIRST ASSEMBLY
MINISTRIES EDUCATION & REHABILITATION
CAMPUS PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
. "J
J
WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing J. David
Mallory, President of First Assembly of God of Naples, Florida, Inc., and William L. Klohn,
President of MDG Capital Corporation, Managing Member of MDG Fountain Lakes, 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:
PUDA-2007-AR-12043
REVISED 6-17108 KD
Page I of3
SECTION ONE:
The zoning classification of the herein described real property located in Section 14,
Township 50 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit
Development (PUD) Zoning District to a Mixed Use Planned Unit Development (MPUD)
Zoning District for a project known as the First Assembly Ministries Education and
Rehabilitation Campus MPUD to allow multi-family units, community facilities and church-
related uses in accordance with Exhibits A through I attached hereto and incorporated herein and
by reference made part hereof. The appropriate zoning atlas map or maps; as described in
Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-59, known as the First Assembly Ministries Education &
Rehabilitation Campus PUD, adopted on September 14, 1999, by the Board of County
Commissioners is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a super-majority vote of the Board of County
Commissioners of Collier County, Florida, this Ol.Ol-rvfday of , I (Ii ,/
- (
,2008.
ATTEST: ,--, '-."
DWIG!iT E. BROCK, CLERK
" . ..,
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
.
By~~I"
~'.'.'-
PUDA~~1lll\J1'
By:
TOM HENNING, CHAIRMA
Page 2 of3
REVISED 6-17/08 KD
Approved as to form
and legal sufficiency
'111.
Marjoritl. . Student-Stirling
Assistant County Attorney
.{,fJe/fLf ~ jJt{/tf.<...~
PUDA-2007-AR-12043/KD/sp
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Permitted Uses
Development Standards/Typical Building Layout
Master Plan/Typical Cross Sections
Legal Description
List of Request Deviations from LDC
List of Developer Commitments
On-site & Off-site premises signage
Project History:
Ordinance Number 93-57 (repealed)
Ordinance Number 96-58 (repealed)
Ordinance Number 96-86 (repealed)
Ordinance Number 99-59
PUDA-2007-AR-12043
Page30f3
REVISED 6-17/08 KD
This ordinance filp.d with the
~ary of.-1:~I'{; Ofi.i~ot
::lL-. day of~. fQ--
and ocknowledgemen that
~;~ doy
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EXHIBIT A
FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS MPUD
CHURCH RELATED USES AND DEVELOPMENT INTENSITY
I. CHURCH RELATED PERMITTED USES (TRACTS A-E)
The First Assembly Ministries Education and Rehabilitation Campus MPUD will include a mixture of 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. 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.
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. PRINCIPAL USES AND STRUCTURES AND SIC CODES: (TRACTS A-E)
Land Use TVDe
I. Religious organizations (Group 8661. limited to churches and religious organizations).
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).
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).
4. Child daycare services (Group 835 I, limited to child care centers).
5. Rehabilitative service center specialty outpatient facilities, not classified elsewhere (Group 8093,
limited to outpatient detoxification centers*).
a) Job training (Group 8331, limited to job training).
b) Individual and family social services (Group 8322, limited to:
I) adult day care centers:
2) counseling centers: and
3) hotlines).
c) Specialty hospitals, except psychiatric (Group 8069. limited to:
I) Alcoholism rehabilitation hospital: and
2) drug addiction rehabilitation hospital).
d) Social serviccs - not classified elsewhere (Group 8399, limited to social service information
exchange, e.g. alcoholism, drug addiction).
A-I
First Assemblies, AR 12043 revised 7/28/08
Tract
A
A
A
A
A
A,C
A
A
A
6. 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 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.
B. ACCESSORY USES AND SIC CODES (TRACTS A-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.
Land Use Tvpe
Tract
I. 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. Recreational facilities, including but not limited to: gymnasiums, football fields, baseball fields,
soccer fields, basketball courts, swimming pools, tennis courts, shuffle board courts, waterways A,B,
for canoeing, gazebo, boat/fishing docks and boardwalks. C.D
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
A-2
First Assemblies, AR 12043 revised 7/28108
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
17. Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses,
as determined by the Board of Zoning Appeals (BZA) by the process outlined in the LDC.
C. 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:
I. 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) by
the process outlined in the LDC.
A-3
First Assemblies, AR 12043 revised 7/28108
II, RESIDENTIAL PERMITTED USES (TRACT G)
No building, structure or part thereof located on Tract G, shall be erected, altered or used, or land
used, in whole or part, for other than shown below:
A, PRINCIPAL USES AND STRUCTURES:
I. Multiple-family and two 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:
I. 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 swimming pools, boat docks
recreational building and a tot lot for children.
3, Any other accessory use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning Appeals (BZA) by
the process outlined in the LDC.
C. DEVELOPMENT INTENSITY:
A maximum of 296 multi-family units are allowed on Tract G that may include three two-
family multi-family dwelling units.
III, 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.
A-4
First Assemblies, AR 12043 revised 7/28/08
EXHIBIT B
FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION
CAMPUS
MPUD
RESIDENTIAL DEVELOPMENT STANDARDS
LISTING OF TABLES
TABLE I - RESIDENTIAL MULTI-FAMILY INCLUDING TWO-FAMILY
DWELLING UNITS DEVELOPMENT STANDARDS FOR
PRINCIP AL 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, B, C 4
TABLE IV - DEVELOPMENT STANDARDS FOR CHURCH RELATED
ACCESSORY STRUCTURES, FOR TRACTS A, B, C 5
B- I
First Assemblies, AR 12043 revised 6/10/08
TABLE I
RESIDENTIAL MUL TI-F AMIL Y INCLUDING TWO-F AMIL Y DWELLING UNITS
DEVEWPMENT STANDARDS FOR PRINCIPAL STRUCTURES
For Tract G
A
MUL TI-FAMIL Y INCLUDING TWO FAMILY
PRINCIPAL STRUCTURES 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 850 SQUARE FEET PER DWELLING UNIT
MINIMUM SETBACK FROM NORTHERN, 35 FEET PLUS ONE FOOT FOR EACH FOOT OF BUILDING HEIGHT
SOUTHERN AND EASTERN MPUD BOUNDARY OVER 35 FEET
MINIMUM YARD FROM INTERNAL PAVED 10 FEET UNLESS A IT ACHED TO CARPORTS, GARAGES OR
VEHICULAR USE AREAS PORTICOS.
MINIMUM DISTANCE BETWEEN STRUCTURES GREATER THAN 20 FEET
MAXIMUM BUILDING HEIGHT MULTI-F AMIL Y STRUCTURES --- FOUR STORIES NOT TO EXCEED
52 FEET AS ZONED AND NOT TO EXCEED 56 FEET ACTUAL
TWO-F AMIL Y STRUCTURES -- TWO STORIES NOT TO EXCEED 25
FEET AS ZONED AND NOT TO EXCEED 35 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 BI
typical sketch for distance of principal uses, carports, garages or porticos from travel ways.
B. DEVELOPMENT INTENSITY
A maximum of 296 multi-family units are allowed on Tract G that may include three two-family dwelling units in separate
structures.
C. ROOF TREATMENTS
All the roofs for multi-family units including two - family dwelling unit structures shall be constructed of tile.
D. TWO-F AMIL Y DWELLING UNITS
The two-family dwelling units shall be subject to the standards of the LDC for Cluster Residential Design and approved as a Site
Development Plan along with other multi-family structures.
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-2
First Assemblies, AR 12043 revised 6/10/08
TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS FOR ACCESSORY STUCTURES
For Tract G
A.
~,~ ACCESSORY sTif
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
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
MINIMUM DISTANCE FROM INTERNAL PAVED
VEHICULAR USE AREAS'
MINIMUM DISTANCE FROM LAKES
25 FEET
to FEET UNLESS AITACHED TO CARPORTS OR GARAGES'
20 FEET
. See Exhibit B 1 depicting location of carport areas adjacent to vehicular use area/travel ways.
B-3
First Assemblies, AR 12043 revised 6/1 0/08
TABLE III
DEVELOPMENT STANDARDS FOR PRINCIPAl. STRUCTURES
For Tracts A, B, C
A.
PJ'BNc....Ml. S'I'RUCTURES . ,
'.:/ , ,
MINIMUM FLOOR AREA FOR CARE 275 SQUARE FEET
UNITS
MINIMUM FLOOR AREA FOR MULTI- 700 SQUARE FEET
F AMIL Y UNITS
MINIMUM SETBACK FROM 35 FEET PLUS ONE FOOT OF SETBACK FOR EACH FOOT OF ZONED BUILDING
NORTHERN, SOUTHERN AND EASTERN HEIGHT OVER 35 FEET
MPUD BOUNDARY
MINIMUM FRONT YARD 100 FEET ALONG CR 951, 35 FEET ALONG THE LORD'S WAY AND 25 FEET
ELSEWHERE
MINIMUM SIDE YARD NONE AS LONG AS DISTANCES BETWEEN STRUCTURES ARE MET
MINIMUM YARD FROM INTERNAL 10 FEET
PAVED VEHICULAR USE AREAS
MINIMUM DISTANCE BETWEEN GREATER THAN 20 FEET
STRUCTURES
FIVE STORIES NOT TO EXCEED 67 FEET AS ZONED BUILDING HEIGHT AND
NOT TO EXCEED 74 FEET ACTUAL BUILDING HEIGHT FOR CHURCH,
MAXIMUM BUILDING HEIGHT EDUCATION FACILITY AND CARE UNITS. ALL OTHERS- THREE STORIES IN
HEIGHT NOT TO EXCEED 40 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 EXCEEDI04 FEET
SHALL BE SEP ARA TED A MINIMUM OF ITS FALL ZONE RADIUS (BASED ON
SETBACK RADIO TOWER THE HEIGHT OF THE EXISTING STRUCTURE) OF 170 FEET FROM ANY
HABITABLE STRUCTURE
PRESERVE AREA 25 FEET
SPECIAL MINIMUM SETBACK 3 FEET FROM TRACT BOUNDARY; AND
NO STRUCTURE IN THAT PORTION OF TRACT A LOCATED EAST OF THE FPL
FOR THE MULTI-FAMILY/MULTI- EASEMENT SHALL BE CONSTRUCTED WITHIN 60 FEET OF ANY RESIDENTIAL
PURPOSE BLDG. ON TRACT A EAST OF STRUCTURE (SEE ALSO EXHIBIT B- I DEPICTING THE MUL TI-F AMIL Y IMUL TI-
FPL EASEMENT PURPOSE BUILDING SETBACK)
LAKE SETBACK 20 FEET
B-4
First Assemblies, AR 12043 revised 6/10108
TABLE IV
DEVELOPMENT STANDARDS FOR ACCESSORY STUCTURES
CIDJRCH RELATED USES FOR TRACTS A, B, C
MINIMUM FRONT YARD
25 FEET ALONG THE LORD'S WAY; 50 FEET ALONGCR 951 EXCEPT FOR
FISHING DOCKS'
MINIMUM SIDE YARD
SAME AS PRINCIPAL STRUCTURES
MINIMUM REAR YARD
20 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
10 FEET
MINIMUM SETBACK FROM MPUD
BOUNDARY
25 FEET OR FRONT YARD SETBACK, WHICHEVER IS GREATER
MINIMUM DISTANCE FROM LAKES
20 FEET
*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 REOUIREMENTS
Accessory uses shaH have no signage visible from The Lord's Way or CR 951 and signage shaH only be permitted at entries to
their respective buildings with on-premise directional signs. No advertising shaH be permitted for accessory uses other than with
materials directly associated with principal uses, such as church buHetins, flyers and circulars available to residents, employees,
members, program participants and patrons of the principal uses (see also Exhibit A pertairring to accessory uses).
C. PARKING OF RECREATIONAL VEHICLES (RVs)
Parking for R V vehicles is limited to Tracts A and C only and there shaH be no more than three consecutive night stays permitted
for each vehicle. A maximum of 25 RVs may be parked at anyone 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 ofRVs that may be parked at one time.
D. SALE OF RECREATIONAL VEHICLES (RVs) AND USED CARS
Combined sales ofRVs 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 anyone 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.
B-5
First Assemblies, AR 12043 revised 6/10108
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PUDA-2007 -AR-12043
First Assemblies PUD
LEGAL DESCRIPTlON: (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
SITUA lED 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
QUAR1ER OF SECTION 14. TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY. FLORIDA AS BEING S.OO'49'12"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 INDICA TORS OF UNDERGROUND
UTILITIES EXISTING ON THIS PROPERTY HAVE BEEN LOCA1ED HEREON AS
SHOWN. UNDERGROUND UTILITIES HAVE NOT BEEN LOCATED ON THIS SURVEY.
ALL OTHER IMPROVEMENTS EXISTING ON OR ADJACENT TO THIS PROPERTY
HA VE 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.
CERTlFlED TO: FLORIDA COMMUNJTY BANK
FlRST ASSEMBLY OF GOD OF NAPLES, FLORIDA, INC.. A
F:LORIDA CORPORA nON
TlB BANK OF THE KEYS
FIRST TITlE AND ABSTRACT, INC.
CHICAGO TITLE INSURANCE COMPANY
Legal Description
Exhibit D
EXHIBIT E
FIRST ASSEMBLY MINISTRIES EDUCATION & REHABILITATION CAMPUS
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, which requires a 20
foot wide Type D buffer along The Lord's Way, to allow this buffer to be reduced from
20 feet to 10 feet in width along Tract G, the Multi-Family Tract. 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. (See Exhibit 1, 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 32 square feet as an addition to the existing sign. (See
MPUD Master Plan and Exhibit G depicting proposed sign detail.)
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.)
3.B. 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.
3.C. Deviation 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.
4.A. 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.B. Deviation No. 4B 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 roadway in the future). The deviation is to allow the northerly most
G:ICurrentlDESELEMIPUD RezoneslFirst Assembly of God Naples. PUDA-2007-AR-12043IPUD docs for BCCIEXHIBIT
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existing 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 1, The Lords Way Typical Cross Sections.)
4.C. Deviation No. 4C seeks relieffrom LDC Section 6.06.02 A.I, Sidewalk and Bike
Lane Requirements that requires sidewalks on both sides of the street and to allow a
sidewalk on only one side of the internal access drives for the multi-family Tract G as
buildings are proposed only on one side of the access drive. Furthermore, the project
includes a proposal for an extensive internal pedestrian circulation system for access
throughout the MPUD. (See MPUD Master Plan.)
4.D. Deviation No. 4D seeks relief from LDC Section 6.06.02 A.1, which requires a 6
foot wide sidewalk and bike lane along C.R. 951, an arterial roadway, to allow an
existing 7 foot 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 will be provided from the sidewalk on The
Lord's Way to the sidewalk which the County will construct on CR 951 east of the canal
at the intersection of The Lord's Way and CR 951.
5. Deviation No. 5 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 to be private entrances
and to not require interconnection between the two uses. A provision has been made for
a potential future access to the east.
6. Deviation No.6 seeks relief from LDC Section 5.05.04 D.l, Group Housing
which requires a maximum floor area that shall not exceed 0.45 for care units, The
deviation is to allow the care units to be developed within the 368,000 square feet of floor
area for all uses.
6.A. Deviation No. 6A seeks relieffrom LDC Section 5.05.04 D.3.b. that requires 0.75
parking space per assisted living unit, to allow. 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 buffer 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
G:\Current\DESELEM\PUD Rezones\First Assembly of God Naples, PUDA-2007-AR-12043\PUD docs for BCC\EXHIBIT
E List of Deviations 5-9-08.doc Page 2
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 in width to less than 1 0 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 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.
G:ICurrentIDESELEMIPUD RezoneslFirst Assembly of God Naples, PUDA-2007-AR-12043IPUD docs for BCCIEXHIBIT
E List of Deviations 5-9-08.doc Page 3
EXHIBIT F
FIRST ASSEMBLY MINISTRIES EDUCATION AND REHABILITATION CAMPUS
MPUD REZONE
LIST OF DEVELOPER COMMITMENTS
1. GENERAL
Development of the First Assembly Ministries Education and Rehabilitation Campus
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.
2. AFFORDABLE HOUSING GMP COMMITMENTS
A. A minimum of 147 of the 296 affordable-workforce and market rate housing units, as
they become available, will be offered first to persons involved in providing essential
services personnel (ESP) as defined in the LDC, as further defined in the County's
Local Housing Assistance Plan. The period of time that the dwelling units will be
reserved for persons providing essential services will be a minimum of 60 days from
the date of issuance of a certificate of occupancy for the initial offering and 60 days
from the date a unit is offered thereafter. The developer shall comply with the
following affordable housing 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:
1. 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. I.) 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 for 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
F- I
First Assemblies, AR* 1 2043 revised 7/28/08
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 IS 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 (A WH) dwelling units and the
following phasing schedule shall apply, however, more A WH units may be included
in anyone phase. Development of the project will be phased, as follows:
Phase IA
Phase 1B
Phase 2
60 A WH units + 57 market rate units = 117 ESP units
30 market rate ESP units
149 housing units
D. The maximum primary occupancy per dwelling unit in the 296 non-church-related
dwelling units for two and three bedroom units (one bedroom units are not permitted)
shall be as follows:
I. Two bedroom units-five occupants.
2. Three bedroom units-seven occupants.
E. All but 4 mobile home units currently located on Tract A east of the FPL right-of-way
shall be removed from the subject property prior to the construction of any housing
not reserved for church-related employees, staff and program participants. The 4
remaining mobile home units may serve as adult care units for program participants,
and shall be removed as they are replaced by permanent multi-family residential
structures, 20 temporary adult care units and related accessory uses, or within 24
months from the date the GMP Amendment is adopted (February 19, 2008),
whichever is sooner.
3. TRANSPORTATION
A. Up to 55 feet on Tract G and approximately 50 feet on Tract A up to the existing 7
foot wide sidewalk shall be reserved along the southern portion of this MPUD for
Collier County for an east/west public right-of-way corridor, a portion of which
currently includes a 30 foot easement for The Lord's Way. The right-of-way shall be
dedicated to Collier County in fee simple title and free of any encumbrances upon
request by Collier County based upon a demonstrated need for the roadway.
Incorporation into the Collier County Capital Improvement Element shall constitute
demonstrated need. The right-of-way shall be dedicated at no cost to the County.
The right-of-way shall be dedicated to Collier County within 120 days of such
demonstrated need. (See also Exhibit C-I and Tract F on the MPUD Master Plan.)
F- 2
First Assemblies, AR-12043 revised 7/28/08
B. Signalization at the Collier Boulevard/The Lord's Way intersection shall be provided
when warranted and a fair share contribution shall be provided by the developer of
this MPUD.
C. 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-I,
The Lord's Way Typical Cross Sections for Tracts A and G.) The mitigation will not
alter the phasing requirement set forth in Exhibit F.3.D.
D. Residential development shall be phased. Phase One development is limited to 147
dwelling units and to church-related dwelling units and will commence upon SDP
approval. (See also Exhibit F.2.F.) Phase Two development will permit construction
of the remaining 149 units for any prospective property owner, plus any units allowed
but not constructed during Phase One. For the 149 dwelling units in Phase Two, no
certificate of occupancy shall be issued until improvements to the deficient segment
of Davis Boulevard are complete from CR 951 to Radio Road.
E. The existing throat length on Tract A shall remain the same after the widening of The
Lord's Way and the gatehouse shall remain in its present location.
F. A sidewalk interconnection shall be required between Tracts A and G in the vicinity
of The Lord's Way and church gate house. (See MPUD Master Plan.)
G. 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.
H. 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.)
I. The developer of Tract A shall be responsible for relocating landscaping from the
existing buffer to the new buffer north of the existing sidewalk at no cost to the
County and with no claims for any future disruption to the landscaping in the event of
The Lord's Way widening.
F- 3
First Assemblies, AR-12043 revised 7/28/08
4. LANDSCAPE/BUFFERINGIW ALL 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 Tract A, 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 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 certificate of occupancy in
Tract G.
5. 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.
F-4
First Assemblies, AR. I 2043 revised 7/28/08
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950 Encore Way
N~I... FL 34110
Phon.: (239) 254-2000
Florida C.rtlflcate of
Authorization No.I772
ON-SITE & OFF-SITE
PREMISE SIGNAGE
EXHIBIT G
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DATE :
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2006.054
CAD FILE N~E:
SIGN EXH
EXHIBIT - ITEU
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-41
Which was adopted by the Board of County Commissioners
on the 22nd day of July, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of July, 2008.
DWIGHT E. BROCK ., '
Clerk of courtsa,;\j:f"C.ter:k
Ex-officio to, Bo~pp_ of ~
County commissi~ers
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By:
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Ann Jenn 'o~~: '.'.
Deputy Clerk