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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 _c 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 Z ii b - ~ I <(z) ~ &l 'I lD II ffi II l!l Hd- ~ 'OJ- ~ x L() j "1 II ~ ~ 'OJ- ~ 0 3 ~ i ~ 'ZJ~ V~ &l ~ Ii ;< ? to- l- II to- I (,) :;:) (,) <( II <( f!; 0 II f!; f!! > II a.J ce- o:: ' 125 _ ...I e" II ~ ... - ll. 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Vl- Z~ ~UJ >- ....I to ~ UJ Vl Vl < f- Vl et:: u:: I mil 15 ~ ,~ . i!~l ~l , ' ~ .. Ii 5", I ~ " d ~~~ ~~. ~~ .~ e.. ~.! iz?< 2" IIII -~.--- ...I:L.... ~ll ~ ~11t;:1!"'1l~ 0, ~''':N~!!!''lll _ ,. . >. ;'10....1010-" lllliil: t.. ~________+~~:,~:-___-=:::=-;._.. _n '" '<' '''_~_'"'''''' " -- ".L '0' lI:) 03S0dOlld ',. -'-""b- '\!\ I I JU Z ONI~I!YdSS'" ': \, .. '/ '" 8 I" ,~O" ,\ ",il:l ;... v ''1M .JO-lHQ ld.J I'..L :1 ~-l~! ' .F " ,..~" ". (, '... J~ 'ii ill if : ii I If lfi '. : d,l, ~ a ;.<I!!~ (0 : "~ CD ta~ '\~ m, < 1~~1 \ ~i '~=_~,LL dl~1 \ f-' I.Q ~~:Ial ; U Ii; Ii, l.!.~_ ~. ~! \ f- ...... U : '.'" .' I , , , , , , , , , , , , ._~ t--- '" w C2>- 1-" !!I 0 Z-' --' , ~< 'E, . ::; I" ~ >- Cl il~. ~ ...J - I' ~ ~ ~ !il ~" "'8 <", I-~ '" 0(. u: II 0, U!,'it ~ iil 'j ~ ~~lIil "",,,ploo..)> mmi it' I ! I , ~ ~ f . !! I,r,' I II Iii!! DODD: -'\ ., , lie;" :.1 ~ ~ ~;: ~~ . ~~~ I~ ~ I, '.. .' ~ I d C:-~__. ~;! ~ =~~'..;~==~2';'~~C~~';i~..~~,~~ -- - '......., ';''''''''''-''~~'''-''''-'.~ ...,-..---. --.... - ,,-- ",.__.,n._ ,.....-..-.,'...-." \"'" "..... -- -- _e....... __~_.;.,~~~....._ ~~..__..~'~"....;_~_n..__~ " __.. __ .~---". 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 E List of Deviations 5-9-08.doc Page 1 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 b 01 g , ~ ~ 9 .0 b ~ N '" .0 ] '0 0: E ! I '" 0 0 .... 8 b ~ ~ ~ j .0 "' ~ '" " I x '" 1> ~ ~ ;; ?< ~ ~ ~ :g 0 0 ;:; !l !) I 11M IIIlImS lUIIIJISSll\fIOIS --~ 14'-0".- --- ---- 10'-1' ~-! ~'-;;/~>ASSEAi~.~ , ~~ .t. '<t~~ s: _.__11 '~MINISTRIES !; r- ~ '" , 24' . 18'" Off-Site Premise Sign (32 sq. ft.) 5'-4- Co EXISTING ON-SllE ILJ.UMINA lED DOUBLE-SIDED . PYLON SIGN :_~l(1IN1!S____ ,.SUNDAYTIAM ~~. .,..,.....,."-......--................ ._.:_.---~-~ PROPOSED ILJ.UMINAlED DOUBLE-SIDED SIGN 8'-0. 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 CHECl(EO BY ; R.D. ORA~ BY : JON DATE : 10 7 PROJECT ~o. 2006.054 CAD FILE N~E: SIGN EXH EXHIBIT - ITEU G 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 ;":"1 . ') . " By: Cuw .... .;., ~,. ',<' " -0.(. Ann Jenn 'o~~: '.'. Deputy Clerk