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Ordinance 2016-41 ORDINANCE NO. 16- 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 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 A COMMUNITY FACILITY PLANNED UNIT DEVELOPMENT KNOWN AS NEW HOPE MINISTRIES CFPUD ZONING DISTRICT TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NEW HOPE MPUD, TO ALLOW AN 800 SEAT CHURCH AND CONSTRUCTION OF A MAXIMUM OF 319 MULTI- FAMILY DWELLING UNITS ON 39.89 +/- ACRES; BY PROVIDING FOR REPEAL OF ORDINANCE NUMBER 08- 07, THE NEW HOPE MINISTRIES CFPUD; AND BY PROVIDING AN EFFECTIVE DATE. THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF DAVIS BOULEVARD EAST OF SANTA BARBARA BOULEVARD IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PETITION NO. PUDR-PL20150002519) WHEREAS, Tim Hancock, AICP of Stantec, representing New Hope Ministries, Inc., 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: SECTION ONE: The zoning classification of the herein described real property located in Section 4, Township 50 South, Range 26 East, Collier County, Florida, is changed from a Community [16-CPS-01534]92 New Hope Ministries Inc-PUDR-PL20150002519 Page 1 of 2 11/16/16 Facility Planned Unit Development Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning District for the 39.89+/- acre project to be known as the New Hope MPUD, to allow an 800 seat church and construction of a maximum of 319 multi-family dwelling units in accordance with Exhibits A through G 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 SECTION TWO: Ordinance No. 08-07, the New Hope Ministries CFPUD is hereby repealed in its entirety.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 super-majority vote of the Board of County Commissioners of Collier County, Florida, this , day of Nce;,, 6, , 2016. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIE: COUNTY, FLORIDA 4- jael:&,By: CL/ , " 1 -a . By: , w.,-_- ,� patty Clerk DONNA FIALA, Chairman Attest as to Ch an s ,.ti' AppkilVidilie atilkn:,andylegality: 'i--t- Lit ' A<----------tv H IDI ASHTON-CICKO Managing Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan Exhibit D: Legal Description This ordinance fired `"ith the Exhibit E: Requested Deviations from LDC ary of StCit�'S ffil�t$i.,'� Exhibit F: Developer Commitments day of eme thOaCt> Exhibit G: Buffer Exhibit and acknowled9 day fill.. receiv-d th's of [16-CPS-01534]92 By . � 4 New Hope Ministries Inc-PUDR-PL20150002519 Page 2 of 2 11/16/16 (c ACj EXHIBIT A FOR NEW HOPE MPUD PERMITTED USES The New Hope MPUD totals approximately 39.89± acres of property and is planned as a Mixed Use Planned Unit Development (MPUD), consisting of both residential and community facility land uses. The project is divided into two tracts. The westerly 19.93 acres lies entirely within the Mixed Use Activity Center. The easterly tract is comprised of approximately 19.96 acres, lies within the Urban Mixed-Use District and is currently developed with an existing sanctuary and associated parking and accessory uses. Each tract will be developed in accordance with the development standards outlined below: COMMUNITY FACILITY (CF) The CF tract is ±19.96 acres and permits church facilities, including a sanctuary, and accessory uses typically permitted in association with a church. No building, structure, or part thereof, shall be erected, altered or used, or land uses in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1 . Churches and houses of worship, not to exceed 800 seats. 2. Any other use deemed comparable in nature by the Board of Zoning Appeals. B. Permitted Accessory Uses and Structures: 3. Customary accessory uses and structures including child and adult day care facilities and administrative offices, related to the church use. 4. Recreational uses and facilities including but not limited to swimming pools, tennis courts, volleyball courts, athletic fields, tot lots, boat docks, walking paths, picnic areas, recreation buildings, special event areas, and basketball/shuffle board courts. 5. In conjunction with the church, a bookstore, educational classes, recording studio, printing shop, counseling center, and church bus/van parking area (all such uses shall be related to and incidental to the church). 6. Gatehouse. 7. Essential services, including interim and permanent utility and maintenance facilities. 8. Water management facilities. 1 November 16, 2016 1� t 9. Any other accessory use deemed comparable by the process outlined in the LDC. RESIDENTIAL (R) The Residential tract is ±19.93 acres in size and permits a maximum of 304 residential units. The Master Concept Plan has been designed to meet or exceed the minimum LDC standards for building setbacks, perimeter landscape buffers and building heights typically associated with land use categories of this density. Residential development will be designed to accommodate a full range of multi-family dwelling types, compatible recreational facilities, essential services and customary accessory uses typical of multi-family development. Residential Amenities - the following amenities shall be provided in association with any residential development, no later than the issuance of the certificate of occupancy for the 60th unit: 1 . Resort-style swimming pool 2. Clubhouse 3. Fitness center 4. Tot-lot or playground 5. Dog walk area 6. Gated entry 7. On-site property management if developed as a rental community 8. Fence, wall or hedge along Davis Blvd. in accordance with the MCP Residential Construction shall include the following: 1 . Concrete Masonry Unit construction and stucco, or approved equivalent 2. Cement or slate tile roof or approved equivalent 3. Minimum 9-foot ceiling heights for all units 4. Concrete pavers at entrance/exit No building, structure, or part thereof, shall be erected, altered or land used, in whole or in part, for other than the following: A. Principal Uses 1 . Multi-Family Dwellings 2. On-site sales or leasing office 3. Model Units 4. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or Hearing Examiner by the process outlined in the LDC. B. Temporary Uses 2 November 16, 2016 1 . Construction administrative offices for the developer and authorized contractors and consultants, including temporary access ways and parking areas, internal to the site during construction. C. Accessory Uses and Structures 1 . Accessory uses and structures customarily associated with principal uses permitted in this District, including neighborhood community recreational facilities and property management and maintenance structures to serve the residents and guests of the proposed development. 2. Garages and carports. 3. Administration facilities to serve the residents and guests of the proposed development. 4. Swimming Pools, Tennis courts and other similar recreational facilities and buildings to serve residents and their guests. 5. Guardhouses, Gates and Gatehouses 6. 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. PRESERVE (P) The purpose of this Section is to identify specific development for the Preserve Areas as generally shown on Exhibit 'C', MPUD Master Plan. A minimum of 5.67 acres of Native Vegetation Area is required. This PUD is providing 5.73 acres of preserve. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following subject to permitting: A. Principal Use: 1 . Preserve B. Accessory Uses and Structures 1 . Passive recreational areas, in accordance with the LDC. 2. Non-paved biking, hiking, and nature trails, and boardwalks, in accordance with the LDC. 3. Water management structures required by permitting agencies. 4. Preserves may be supplemented with native plant materials to meet buffer requirements. Supplemental plantings within preserves shall be in accordance with LDC section 3.05.07. 3 November 16, 2016 EXHIBIT B FOR NEW HOPE MPUD DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the New Hope Ministries, Community Facilities (CF) Tract. Front yard setbacks in Table I shall be measured as follows: 1 . If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by an internal access way, the setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. TABLE I - COMMUNITY FACILITY DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum LotArea 1 0,000 N/A square feet Minimum Lot Width 80 feet N/A Maximum Height 3 stories not to 35 feet (Zoned) exceed 48 feet Maximum Height 3 stories not to 47 feet (Actual) exceed 60 feet Minimum Building Setbacks Front yard 25 feet 25 feet Side yard 15 feet 10 feet Rear yard 15 feet 10 feet MPUD Boundary 25 feet 10 feet2 Lake1 20 feet 20 feet Preserve 25 feet 10 feet Distance between 15 feet 10 feet structures 1 Lake setbacks are measured from the control elevation established forthe lake. 225 feet where abutting residentially developed orzoned properties 4 November 16, 2016 Landscaping and Buffering Requirements: 1 . If landscape buffers are determined to be necessary adjacent to preserve areas, they shall be separate from those preserve areas. Table II sets forth the development standards for land uses within the New Hope Ministries CFPUD, Residential (R) Tract. TABLE II RESIDENTIAL DEVELOPMENT STANDARDS Requirements Principal Use Accessory Use Minimum Lot Area 43,560 sq. ft. 10,000 sq. ft. Minimum Lot Width 150 feet 50 feet Maximum Height Zoned: 50 feet2 25 feet Actual: 62 feet2 32 feet Minimum Distance between buildings 35 feet 0 feet or 10 feet Minimum Floor Area One Bedroom Unit 750 sq. ft. NA Two Bedroom Unit 900 sq. ft. Three Bedroom Unit 1 ,100 sq. ft. Minimum Building Setbacks Front Yard a c Side Yard b c Rear a c From Davis Blvd a a Preserve 25 feet 10 feet Lake Maintenance or Landscape Buffer Tract or Easement' 20 feet 0 feet a = 50% of the building height, not less than 30 feet b = 50% of the building height, not less than 15 feet c = 50% of the building height, not less than 10 feet ' Lake Maintenance Easements and LBE's are to be separately platted or designated tracts. 2 Building A as shown on the MCP is limited to 3 stories. 5 November 16, 2016 DI z CO w CO w CO o ,o; 8 U U U O 21 0 o O O -• O O O a Q Q N n 0 tf) co N O N to 001 oCI 0). CO o m Z''' O V M lf) N V (O V Q) C) M u' O co co ,- y rn O) ,•O CO CO h CO CO m CO CO N o n (O Ln h O Ct Q O) .- CO N C .- N 1.0 0 CO c Q Q -I w m n. 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O -- a F- CO CC O F- WILDWOOD LAKE BLVD' 2laddn2,9,3dl.1,56 z Sico 5. x, ♦ } w . 00 C] F- 4YI}- (.6 zj W w m � � �t w CL 0 ' F m U 0 -j ct �� ZSZ wC,, z _ O a Q H C7 d � ll! �� w w Jr _ O_• o U u-i Z W J k 4, Oi�i (n a�0000�i� 0 w D •������ ������ M Q ������I w w �����������♦ a.x ♦•••+. • i Z. w O�DODOOODOO��i����00000�� 00��00000��0000000��00000 m 3 -' 2�3ddfl8.V 3d ,OL 31V}-`- =-1/6t4.�[I - - - 117: w z --- �._ - _ cL„c t - • , c C9 U = w [L �: Q 0 ,, Li Q ���n pJp Ce )� Z w m� - Q _ L �V m c o ,I gQ .. z Q h. >121Vd OO A. W w wLO — o CP J = o io = z F vitipaP iii w S l1I m� m �- w I- CO W 140 •1 •/ .� A •1 •I • o_ o we:[a]t:rra :Dri.11,i2 — 3 9. _ .J'10 -0 l O\ N= N c2 a. 4N %0 U� J, O c,+ Ous 3,, o -I-- m - s. a M M U • 7 Z 1- a u.1 a o `£ 0 7' y J 4 \-- a. \ — 0 '' a-. „..1 y � oZ -- --I `zip , o n �4.Z ,� � r y� Z OO oYifN cn , 7 o�pa Zg� NI� �° \.1.1t1.1 ‘.1-10 D CC 0 N ZNp� %p rwi� 0 -- e-, 00� o -L '-/-e- 2- r 0 o04� O�4�2r� 0 4 `�Z opct `Lp sz -77:9 o � �� o2 5 - o o � oo°=o P 0 ��� , 0 m CC v yo q1.1051 4.(f)cc, � ZO7 , Zy�4�o Z7r(n o Za�.o 1 0 NZ20 (I) 4 N EXHIBIT D FOR NEW HOPE MPUD LEGAL DESCRIPTION THE EAST '/2 OF THE SOUTHWEST '/4 OF THE SOUTHWEST 1/4 OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND THE WEST 1/2 OF THE SOUTHEAST V4 OF THE SOUTHWEST '/4 OF SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 75', CONTAINING APPROXIMATELY 39.89 ACRES, MORE OR LESS. 7 November 16, 2016 EXHIBIT E FOR NEW HOPE MPUD LIST OF DEVIATIONS 1 . Deviation 1 requests relief from Section 6.06.02.A.4.a of the Land Development Code, which requires a 5 foot sidewalk to be constructed on both sides of the internal Drives; to allow a sidewalk to be constructed in substantial compliance with the sidewalk locations shown on the Master Concept Plan, providing pedestrian interconnections to the adjacent commercially zoned property as shown. 2. Deviation 2 requests relief from Section 4.06.02.0 of the Land Development Code which requires a 15 foot wide Type B buffer and a 10 foot wide Type A buffer between the proposed residential use and the existing Community Facility use (Church), to allow for the required 10' Type A buffer adjacent to the drive aisle lying west of the existing Multi-Purpose Building to be located within an easement on the Residential Tract as shown on Exhibit G. 8 November 16, 2016 EXHIBIT F FOR NEW HOPE MPUD LIST OF DEVELOPER COMMITMENTS All facilities shall be constructed in strict accordance with approved SDPs, and all applicable State and local laws, codes, and regulations applicable to this MPUD, in effect at the time of plat, SDP approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and specifications of the official County LDC shall apply to this project even if the land within the MPUD is not to be platted. PUD MASTER PLAN A. Exhibit "C", MPUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or SOP approval. SCHEDULE OF DEVELOPMENT/MONITORING REPORT A. An SDP shall be submitted per County regulations in effect at time of site plan submittal. The project may be constructed in several additional phases. WATER MANAGEMENT A. The Stormwater Management System shall show full water quality pre-treatment volume before the stormwater reaches an elevation that would have the lake overflow its banks and then backflow into the natural ground areas (preserve). B. The Preserve Management Plan shall include provisions for annual monitoring to determine potential impacts of stormwater on the preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the stormwater with vegetation that will be suitable to the future conditions. TRAFFIC A. Access points shown on the CFPUD Master Plan shall be considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. B. During periods of church worship or special events generating attendance that would equal the church worship attendance, the church must secure traffic control assistance from either the Florida Highway Patrol or the Collier County 9 November 16, 2016 :t; Sheriff's Office subject to the availability of a Sheriff Deputy or Highway Patrol Officer for that purpose. PLANNING A. If during the course of site clearing, excavation or other construction activity an historical or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. B. Non-compatible uses. It is recognized that there are uses and accessory uses which, because of their very nature, have characteristics that do not meet the compatibility criteria of this ordinance and thus adversely impact adjacent areas. Special regulation of these uses is necessary to ensure that these adverse impacts will not contribute to the blighting and downgrading of the surrounding neighborhood. Within 15 days from submittal of any SDP for church or church related uses, it shall be within the discretion of the County Manager or designee to refuse approval of such SDP if it includes a use that, in the professional judgment of the County Manager or designee, is not compatible with and has a potential to cause a deleterious effect upon an adjacent neighborhood. Notice of such refusal shall be promptly mailed to the applicant for the SDP. Applicant and staff will meet at their earliest convenience to discuss and attempt to amicably resolve the compatibility issues, which can include, but is not limit to, moving the questioned use to another location within the development. Should the parties be unable to reach an amicable solution, the matter will be promptly referred to the Collier County Planning Commission. At a publicly noticed hearing, the Planning Commission will review the proposed use, make a finding as to (1) whether the proposed use was intended for this site, as set forth in the zoning ordinance, and (2) whether such use can be made compatible with eh adjoining neighborhood through the imposition of certain conditions or restrictions, including but not limited to locating the use to another location within the development, buffering, limiting hours of operation, requiring a vestibule, walls, and relocating dumpsters. Should either the County or the applicant be unwilling to abide with the findings and recommendations of the Planning Commission, the matter will then be forwarded to the Board of County Commissioners for a public hearing, to be conducted in the same manner as LDC section 10.08.00 except that notice purposes 10 days prior notice by publication will be sufficient. C. At the time of Site Development Plan Application for the Residential portion of the site, the developer will make all reasonable efforts to coordinate with Collier County Public Schools to provide a pedestrian interconnection to Calusa Park Elementary School from the project site. 10 November 16, 2016 ENVIRONMENTAL A. The Preserve Management Plan shall include provisions for annual monitoring to determine potential impacts of stormwater on the preserve's vegetation. The property owner will be required to replace vegetation adversely impacted by the stormwater with vegetation that will be suitable to the future conditions. B. The minimum preserve area required by the Land Development Code is 5.67 Acres. A minimum preserve area 5.73 Acres will be provided. MONITORING REPORT New Hope Ministries, Inc. (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 PUD approval, the Managing Entity is New Hope Ministries, 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 County that includes an acknowledgement of the commitments required by the PUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. MISC ELAN EOUS A. 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. B. All other applicable state or federal permits must be obtained before commencement of the development. 11 November 16, 2016 --..-/- g EXHIBIT -../,- EXHIBIT G o v o ai N "O m . N N 2:13ddna ANI-1 Al2i3d023d ,d, 3dA1. ,0 - S � 2��ddn8 ,V, 3dAl ,06 .a. 3d - , A5l_ < ----- 2I2ddn8 ,a, 3dAl ,56 F- 7-__ Wii__ -- __- - p J lb:\lk 0/ 1 U > Z 2 - Q Vi E LU nj Z o WILDWOOD LAKE BLVD o N u O r H U y 1- N W ! W D m O (D 0_ Q ce Z W CI_ ci)Q LL Z Q W W p LU > w 0 E—....1...) Z O o o Z cc a Q 00 0_ I- - ------------ ti i 233� �fl�.E`-3cfAt-�E?t-, (n Lu _ m �j — -- > X ij 0 0 X o 1 1 .,i- 1 i 0 a w o 1 L- LL_ / �� i W �----- Z m I 1 O Y Q J I t ' J I a V 1 1 CC j C GLI- GO Lil 14 t it a 3Y8 3Xt 5t 1 I (1*1 4 lir t. FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State December 15, 2016 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Ann Jennejohn, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 16-41, which was filed in this office on December 15, 2016. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us