Ordinance 2008-14
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Nt~ ~ I ORDINANCE NO. 08- 14
~t~~ iJ ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
" ' I" COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
~ln~O\''''''' 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 CLASSIFICA nON OF THE HEREIN
DESCRIBED REAL PROPERTY FROM AN AGRICULTURAL (A)
ZONING DISTRICT TO "CPUD" COMMERCIAL PLANNED UNIT
DEVELOPMENT FOR A PROJECT TO BE KNOWN AS THE NAPOLI
VILLAGE CPUD, LOCATED WEST OF TAMIAMI TRAIL NORTH
(US 41), IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 8.97+/- ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing Sabal Palm
Development, 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:
SECTION ONE:
The zoning classification of the herein described real property located in Section 9,
Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A)
Zoning District to a "CPUD" Commercial Planned Unit Development Zoning District for a
project to be known as the Napoli Village CPUD in accordance with the 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:
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 Ii tf>~ day of /Ad.(e,,", ,2008.
,
ATTEST:
D~I~~k
~t IS\ toC~~'1ty Clerk
A"fl')1Wl1> _ft1un> " .
and Jegaj.sufficiel\";,:
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'1Y\n '1,4:cl" . Yr\ 1):1::0 b "d-.- - {);r.w.Li~
MaIjorie.M. Student-Slirling ,- . ,J
Assistant County Attorney
Exhibit A - List of Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviations from the LDC
Exhibit F - Development Commitments Specific to the Project
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EXHIBIT A
Napoli Village CPUD
LIST OF PERMITTED USES
I. PERMITTED USES
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:
1. Assisted living facilities and independent living facilities for persons over age
55,
B. Accessory Uses and Amenities
The following uses shall comprise a minimum of 20 percent of the total amount of
gross floor area:
1, Dining rooms, small meeting areas for socializing, bingo, card games, etc.,
balcony gathering areas, atrium gathering areas, indoor facilities such as
rehabilitation room, beauty shop, medical support facilities, media and
exercise rooms, personnel service areas and similar kinds of uses to support
the facility,
2, Any other accessory and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the Land Development Code (LDC).
C. Miscellaneous Accessory Uses and Amenities
The following uses shall not be counted towards the minimum 20 percent of the
total amount of gross floor area:
I, Signs, water management areas, essential services, covered parking facilities,
van transportation area, nature trails, outdoor recreational facilities such as
swimming pool and deck and similar kinds of uses to support the facility,
2, Any other accessory and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the LDC.
Revised 1/16/08
II. PRESERVE TRACT USES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole
or in part, for the preserve area depicted on the CPUD Master Plan, which shall be a minimum of
1..36 acres, other than the following:
A. Principal Uses and Structures:
1. Passive recreation areas, boardwalks and recreational shelters,
2. Water management and water management structures,
3. Mitigation areas.
4. Passive recreational uses such as pervious nature trails or boardwalks are allowed
within the preserve areas, as long as any clearing required to facilitate these uses
does not impact the minimum required vegetation,
5, Any other conservation and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
LDC.
Revised 1/16/08
EXHIBIT B
Napoli Village CPUD
DEVELOPMENT STANDARDS
Development of The Napoli Village CPUD shall be in accordance with the contents of
this Ordinance and applicable sections 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, 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, the C-3
(Commercial Intermediate District) of the LDC shall apply.
Table I below sets forth the development standards for land uses within the CPUD
Commercial Subdistrict. 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
COMMERCIAL DEVELOPMENT STANDARDS
A. PRINCIPAL STRUCTURES
MINIMUM LOT AREA
MINIMUM LOT WIDTH
MINIMUM FLOOR AREA
MINIMUM FRONT YARD
MINIMUM SIDE YARD
MINIMUM REAR YARD
MINIMUM PRESERVE SETBACK
MINIMUM DISTANCE BETWEEN
PRINCIPAL STRUCTURES
N/A
N/A
N/A
25 feet
25 feet
25 feet
25 feet
1/2 building height (BH)
MAXIMUM BUILDING
HEIGHT
4-Stories, not to exceed 50-foot
zoned BH or 67-foot actual BH
The setback from the east property line shall be a minimum of 150 feet.
The delivery service areas will be limited to the north and south of the proposed building
or buildings,
3.14-08
B. ACCESSORY STRUCTURES
FRONT SETBACK
15 feet
SIDE SETBACK
1 0 feet
REAR SETBACK
10 feet
PRESERVE SETBACK
10 feet
MINIMUM DISTANCE BETWEEN
ACCESSORY STRUCTURES
10 feet
MAXIMUM BUILDING
HEIGHT NOT TO EXCEED
1 story, not to exceed 25 feet zoned height
and 30 feet actual BH
GENERAL: Except as provided for herein, all criteria set forth above shall be understood to be
in relation to individual parcel or lot boundary lines, or between structures,
C. PRESERVE TRACT DEVELOPMENT STANDARDS
Same as for Commercial Development Accessory Structures,
D. DEVELOPMENT INTENSITY
A maximum floor area ratio of 0,60 is permitted for this CPUD, equivalent to a
maximum of two-hundred thirty-four thousand four-hundred forty feet (234,440) square
feet ofliving area,
The maximum number of units shall be 225 units, The first 50 units shall be licensed by
the State of Florida as assisted living units. Any units constructed above 175 units shall
be licensed by the State of Florida up to the maximum of 225 units allowed by this
Ordinance,
The maximum amount of area devoted for project amenities shall comprise a minimum
of 20 percent (20%) of the total amount of floor area (see Exhibit A. 1. B, for the
permitted accessory uses and amenities), (See also Exhibit F, commitments to ensure
continuing care operations.)
3-14-08
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EXHIBIT D
Napoli Village CPUD
LEGAL DESCRIPTION
(O.R. Book 1847, Page 1850)
So much of the South 332 feet of the North 732 feet of the South Y, of the North
y, of Section 9, Township 48 South, Range 25 East, Collier County, Florida, all
lying East of U.S. 41. And
(O.R. Book 1847, Page 1848)
So much of the South Y, of the North 1/2 of Section 9, Township 48 South, R25E,
as lies East of US, 41, Collier County, FL, less the North 732 feet thereof, and
also less the following described parcel.
Commencing at the intersection of the East-West Y, section line of Section 9,
Township 48 South, Range 25 East and the eastern right-of,way of State Road 45
(U.S. Highway 41) as monumented by the Florida Department of Transportation,
as a place of beginning:
Thence in a northerly direction along the eastern right-of-way line of State Road
45 (U.S. Highway 41), a distance of 400 feet;
Thence in a easterly direction, parallel to, and a distance of 400 feet from, the
East-West Y. section line of Section 9, Township 48 South, Range 25 East, a
distance of 545,00 feet:
Thence in a southerly direction, parallel to, and a distance of 545.00 feet from, the
eastern right-of-way line of State Road 45 (U,S. Highway 41), a distance of 400
feet.
Thence in a westerly direction along the East-West Y. section line of Section 9,
Township 48 South, Range 25 East, a distance of 545,00 feet to the place of
beginning,
EXHIBIT E
Napoli Village CPUD
LIST OF REQUESTED DEVIATIONS FROM THE LDC
This deviation seeks relief from LDC Section 5,05.04 D.l to allow the floor area ratio
(FAR) to be increased from 0.45 to 0,60 for an adult living facility, Since the 0.45 FAR
was established many years ago, building code changes have resulted in an increase in
the size of public areas. In addition, the level of amenities provided to serve residents has
increased, as has the unit size demanded by residents, To meet the demand for increased
amenities, the minimum amount of on-site recreational and support amenities shall
comprise a minimum of 20 percent of the total amount of floor area (see Exhibit A. 1. B,
for the permitted accessory uses and amenities),
Revised 1/16/08
EXHIBIT F
Napoli Village CPUD
DEVELOPMENT COMMITMENTS SPECIFIC TO THE PROJECT
1. TRANSPORT A nON REQUIREMENTS
A, All traffic control devices, signs, pavement marking, and design criteria shall be
in accordance with the Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual On Uniform Traffic Control Devices (MUTCD),
current edition,
B. Arterial-level street lighting shall be provided at all access points, Access lighting
shall be in place prior to the issuance of the final certificate of occupancy (CO),
C, Access points shown on the CPUD Master Plan are considered to be
conceptual. Nothing depicted on any such Master Plan shall vest any right of
access at any specific point along any property boundary, 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.
D. Site related improvements (as opposed to system related improvements) necessary
for safe ingress and egress to this project, as determined by Collier County, shall
not be eligible for impact fee credits, All required improvements shall be in place
and available to the public prior to commencement of on-site construction.
E. Nothing in any development order (DO) shall vest a right of access in excess of a
right-inlright-out condition at any access point, Neither shall the existence of a
point of ingress, a point of egress, or a median opening, nor the lack thereof, be
the basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee. Collier County reserves the right to
close any median opening existing at any time which is found to be adverse to the
health, safety, and welfare of the public, Any such modifications shall be based
on, but not limited to, safety, operational circulation, and roadway capacity.
F. If any required turn lane improvement requires the use of any existing County
rights-of-way or easement(s), then compensating rights-of-way or easements shall
be provided at no cost to Collier County as a consequence of such
improvement(s) upon final approval of the turn lane design during the first site
development plan approval stage, The typical cross-section may not differ from
J.14.08
1
the existing roadway unless approved, in writing, by the Transportation Division
Administrator, or his designee.
G, If, in the sole opinion of Collier County, traffic signal(s), other traffic control
devices, signs, pavement marking improvements within a public right-of-way or
easement, or site related improvements (as opposed to system related
improvements) necessary for safe ingress and egress to this project, as determined
by Collier County, are determined to be necessary, the cost of such improvement
shall be the responsibility of the developer, its successors or assigns, The
improvements shall be paid for or installed, at the County's discretion, prior to the
issuance of the appropriate corresponding CO,
2, ENVIRONMENTAL REQUIREMENTS
The purpose of this Section is to set forth the enviromnental commitments of the
project developer.
A. All conservation/preservation areas (1.35 acres minimum) shall be designated as
Preserve on all construction plans, and shall be recorded on the plat as a separate
tract or easement with protective covenants per or similar to Section 704,06 of the
Florida Statues, Preserve areas shall be dedicated on the plat to the project's
homeowners association or like entity for ownership and maintenance
responsibilities and to Collier County with no responsibility for maintenance,
3, DEVELOPMENT COMMITMENTS TO ENSURE CONTINUING CARE
OPERATIONS
The developer of the independent living units and retirement community, its
successors or assigns, shall provide the following services and/or be subject to the
following operational standards:
A. There shall be on.site dining for the residents.
B. Group transportation services shall be provided for residents for the purposes of
grocery and other types of shopping. Individual transportation services shall be
provided for the residents' individualized needs including but not limited to
medical office visits,
C, There shall be an on-site manager/activities coordinator to assist residents with
their individual needs, The manager/coordinator shall also be responsible for
].14.08
2
arranging trips to off-site events as well as planning for lectures, movies, music
and other entertainment for the residents at the on-site clubhouse.
D, A wellness center shall be provided on-site. Exercise and other fitness programs
shall be provided for the residents,
E. Each unit shall be equipped with pull cords designed to notify emergency service
providers in the event of a medical or other emergency,
F. Each unit shall be designed so that a resident is able to age-in-place, For example,
kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair
bound resident or bathrooms may be retrofitted to add grab bars,
4. PROPERTY EASEMENT AGREEMENT
The MPUD Master Plan is designed to accommodate an alternate easement
between the subject property and the church property located to the south of the
subject property. In the event the existing easement is not reconfigured, then the
MPUD Master Plan shall be revised at the time of SDP or plat approval to
accommodate the existing easement shared between the two properties.
3.14.08
3
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 copy of:
ORDINANCE NO. 2008-14
Which was adopted by the Board of County Commissioners on
the 11th day of March 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th day
of March 2008.
DWIGHT E. BROCK
Clerk of Courts and Cl~rk
Ex-officio to Board, <;>fi='kc.,
Councy co~:""~~~~
resa Polaskt, ~
Deputy ClerkJ, ,\'
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