Ordinance 2008-62
ORDINANCE NO. 08-~
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
RURAL AGRICULTURAL (A) ZONING DISTRICT TO
A MIXED USE PLANNED UNIT DEVELOPMENT
(MPUD) ZONING DISTRICT FOR THE PROJECT TO
BE KNOWN AS THE NAPLES CHURCH OF CHRIST
MPUD, TO ALLOW CONSTRUCTION OF A CHURCH,
A PRE-K THROUGH 8TH GRADE SCHOOL, 200 UNITS
ASSOCIATED WITH CONTINUING CARE
RETIREMENT COMMUNITY AND ASSISTED LIVING
FACILITIES AND TWO SINGLE FAMILY DWELLING
UNITS ON LIVINGSTON ROAD, APPROXIMATELY .6
MILES SOUTH OF PINE RIDGE ROAD, IN SECTION
18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA; AND BY PROVIDING
AN EFFECTIVE DATE.
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WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and
Richard D. Yovanovich, Esq., of Goodlette, Coleman and Johnson P.A., representing Naples
Church of Christ, Inc., petitioned the Board of County Commissioners to change the zoning
classification ofthe 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 18,
Township 49 South, Range 26 East, Collier County, Florida, is changed from a Rural
Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) Zoning
District for the project to be known as the Naples Church of Christ MPUD, to allow construction
of a church, a pre-k through 8th grade school, 200 units associated with continuing care
Page I
retirement community and assisted living facilities and two single family dwelling units on
Livingston Road, approximately .6 miles south of Pine Ridge Road in accordance with the
Naples Church of Christ MPUD Document, attached hereto as Exhibits "A" through "F", 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 sup~majority vote of the Board of County
Commissioners of Collier County, Florida, this 2B day of~, 200S.
(','-11'1(:
ATTesT: ...t,,,".
DwiGHT E. BR6~, Clerk
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~." ",P..; 'C-
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AU",,( h ~t.>) .ehd lr1l4ll ,
Signature on. ~
Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER~Ty,F RIDA
By: .:JtJt-
TOM HENNING, Chairman
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Steven T. Williams
Assistant County Attorney
Attachments: Exhibit "A" - Permitted Uses
Exhibit "B" - Development Standards
Exhibit "C" - Conceptual Master Plan
Exhibit "D" - Legal Description
Exhibit "E" - Requested Deviations
Exhibit "F" - Developer Commitments
CP:08-CPS-00867\RevisedOrd092908
This ordinance filed with the
Secretory of Sr:Je'S Offjce the
-2.. day of Du. ,d. ~
and acknowledgement ~t that
tilin A:eceived this I 0'" day
ot oJ, 2.c()~
Deputy Clerk
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Page 2
NAPLES CHURCH OF CHRIST MIXED-USE PLANNED UNIT DEVELOPMENT (MPUD)
TABLE OF CONTENTS
LIST OF EXHIBITS PAGE
EXHIBIT A PERMITTED USES 2-4
EXHIBIT B DEVELOPMENT STANDARDS 5-7
EXHIBIT C CONCEPTUAL MASTER PLAN 8
EXHIBIT D LEGAL DESCRIPTION 9
EXHIBIT E LIST OF REQUESTED DEVIATIONS 10
EXHIBIT F LIST OF DEVELOPER COMMITMENTS 11
EXHIBIT A
FOR
NAPLES CHURCH OF CHRIST MPUD
PERMITTED USES
The Naples Church of Christ MPUD will be developed as a mixed use project, which
may include a mix of community facility and residential land uses, including but not
limited to, a 1,000 member religious facility, a 150 student total enrollment preschool
and kindergarten through 8th grade elementary schools, a maximum of 2 single
family, and up to 200 assisted living facilities (ALF). continuing care retirement
communities (CCRC) and independent living units for age 55 plus and senior
housing.
The maximum size of the continuing care retirement communities, ALF and
independent living units for age 55 plus and similar facilities shall not exceed a floor
area ratio (FAR) of 0.6 with a maximum of 200 units.
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:
Community Facility / Residential (CF/R) Tract
A. Principal Uses:
1. Single family dwellings (maximum of 2, existing only).
2. Assisted living facilities [ALF), continuing care retirement community
(CCRC), independent living facilities for seniors over age 55.
3, Parking, water management and recreation uses accessory to the
church/school uses permitted on the CF Tract. No formal ballfields,
courts or other similar recreational uses or lighted outdoor
recreational facilities may be constructed. No outdoor
recreational use may occur no earlier than sunrise and not beyond
9:00 p,m.
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") by the process outlined in the
LDC.
B. Accessory Uses:
1. Customary accessory uses and structures including but not limited
to private garages, tennis facilities, clubhouse, outdoor recreation
facilities and swimming pools with or without screened enclosures.
2. Water management facilities/lakes.
COCMPUD ARI0294 (Rev 16)BCC
2
3. Project sales and administrative offices which may occur in a
residential or recreational building and or in a temporary building
until such time as permanent structures are available. All such
facilities will be permitted in compliance with Section 5.04.03 of the
Collier County Land Development Code (LDC).
4. Personal services, dining, private restaurant/lounge, skilled nursing
and other uses incidental to ALF and CCRC uses.
5. Outdoor recreational facilities such as swimming pools, tennis
courts, unlighted playfields, playgrounds and similar facilities.
6. Any other use which is comparable in nature with the foregoing list
of permitted principal uses, as determined by the Board of Zoning
Appeals [BZAl through the process outlined in the LDC.
C. Operational Characteristics for Independent Living Units for Persons
Over Age 55:
The developer of independent living units, its successors or assigns, shall
provide the following services and/or be subject to the following
operational standards:
1. The facility shall be for residents 55 years of age and older.
2. There shall be on-site dining for the residents.
3. Group transportation services shall be provided for residents for the
purposes of grocery and other types of shopping. Individual
transportation services shall be coordinated for the residents'
individualized needs including but not limited to medical office
visits.
4. There shall be an on-site manager/activities coordinator to assist
residents with their individual needs. The manager/coordinator
shall also be responsible for 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.
5. A wellness center shall be provided on-site. Exercise and other
fitness programs shall be provided for the residents.
Community Facility (CF) Tract
A. Principal Uses
1. Church [House of Worship)
COCMPUD ARl 0294 (Rev 16)BCC
3
B. Accessory Uses:
Accessory uses and structures customarily associated with the
permitted principal uses and structures, including, but not limited to:
1 . Accessory uses and structures customarily associated with the
principal uses permitted in this District, such as parsonage, child
care [in conjunction with church services only), multi-purpose
buildings, indoor and outdoor recreational uses and facilities.
2. Educational facilities, limited to preschool and kindergarten
through 8th grade elementary schools.
C. FP&L Easement area:
Uses permitted within the FP&L Easement may include overflow parking,
drive aisles, water management, open space and recreational uses.
Prior to site development plan approval within the FP&L Easement,
authorization from FP&L shall be provided to Collier County.
Preserve Tract
A. Principal Uses:
1. Native vegetation preserve.
2. Any other conservation use which is comparable in nature with
the foregoing uses and which the Board of Zoning Appeals
determines to be compatible in the Preserve Area.
3, Any clearing required to facilitate these uses shall not reduce the
minimum required native vegetation.
B. Accessory Uses:
1 . Boardwalks, nature trails, shelters, and other uses permitted within
dedicated preserves by the LDC.
2. Any other conservation use which is comparable in nature with
the foregoing uses and which the Board of Zoning Appeals
determines to be compatible in the Preserve Area.
3. Any clearing required to facilitate these uses shall not reduce the
minimum required native vegetation.
COCMPUD ARI 0294 (Rev 16)BCC
4
EXHIBIT B
FOR
NAPLES CHURCH OF CHRIST MPUD
DEVELOPMENT STANDARDS
Table I below sets forth the development standards for land uses within the Community
Facility / Residential (CF/R) 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
site development plan (SDP) or subdivision plat.
TABLE I
COMMUNITY FACILITY/RESIDENTIAL (CF/R) DEVELOPMENT STANDARDS
PERMITTED USES AND STANDARDS ALF /CCRC/lndependent
Living for Age 55
PRINCIPAL STRUCTURES
Minimum Lot Area 1 acre
Lot Width 150 feet
Minimum Floor Area N/A
Front Yard 20 feet
Side Yard 15 feet
or y., BH'l
Rear Yard 20 feet
Preserve 25 feet
Minimum Distance
Between Structures 15 feet'
Maximum Building Height 4 stories not to exceed
Zoned 50'
Actual 55 feet
ACCESSORY STRUCTURES2
Front S.P.S.
Side S.P.S.
Rear (attached) 10 feet
(detached) 20 feet
Preserve 10 feet
Maximum Building Heights
Zoned 25 feet
Actual 35 feet
COCMPUD ARl0294 (Rev 16)BCC
5
S.P.s.: Same as Principal Structures.
BH: Building Height.
Building setbacks shall not encroach into required landscape buffers.
GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Condominium, and/or homeowners' association boundaries shall not be
utilized for determining development standards.
1. 15 foot. or one half of the sum of the heights of adjacent buildings, measured
from the exterior walls, which ever is greater.
2. Any accessory structures(s) associated with the temporary use of the CF/R Tract
related to church/school related functions shall meet the minimum yard
requirements as specified for ALF/CCRC uses,
COCMPUD ARlO294 (Rev 16)BCC
6
Table II below sets forth the development standards for land uses within the
Community Facility (CF) 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 II
DEVELOPMENT STANDARDS FOR COMMUNITY FACILITY (CF) DISTRICT
PERMITTED USES AND STANDARDS Church and Related Uses
PRINCIPAL STRUCTURES
Minimum Lot Area N/A
Lot Width N/A
Minimum Floor Area 1,000 SF
Front Yard 50 feet
Side Yard 25 feet
Rear Yard 15 feet
Preserve 25 feet
Minimum Distance Between Structures 12feet
Maximum Building Height
Zoned 50 feet
Actual 60 feet to top of roof
And a maximum additional 12
feet for cupola and/or spire and
steeple
ACCESSORY STRUCTURES
Front S.P.S.
Side S,P.S.
Rear (attached) 1 0 feet
(detached) 15 feet
Preserve 10feet
Maximum Building Heights
Zoned S.P.S.
Actual S.P.S.
S.P .5.: Same as Principal Structures,
BH: Building Height,
Building setbacks shall not encroach into required landscape buffers.
COCMPUD AR I 0294 (Rev 16)BCC
7
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EXHIBIT D
FOR
NAPLES CHURCH OF CHRIST MPUD
LEGAL DESCRIPTION
The subject property being 19.1:t acres is located in Section 18, Township 49
South, Range 26 East, and is more fully described as follows:
The south one-half of the northwest one-quarter of the southwest one-quarter
of Section 18, Township 49 south, Range 26 east, Collier County, Florida, less
and except that portion for right-of-way of Livingston Road, pursuant to order
of taking, recorded in O.R. Book 2836, Page 412, of the Public Records of
Collier County, Florida.
COCMPUD ARI0294 (Rev 16)BCC
9
EXHIBIT E
FOR
NAPLES CHURCH OF CHRIST MPUD
LIST OF REQUESTED DEVIATIONS
1. Deviation # 1 seeks relief from LDC Subsection 4.05.04.G, Table 17, Parking
Space Requirements, which requires Child Care Centers to provide 1 parking
space per employee, plus 1 space for every 10 children, and Elementary
Schools to provide 5 parking spaces per 4 faculty/staff, to allow the proposed
religious facility, preschool and kindergarten through 8th grade elementary
schools to share the parking provided for the church use,
2. Deviation #2 seeks relief from LDC Subsection 4.06,02.CA, Table 204, buffer
requirements, which requires alternative type A and B buffers to require no
buffer between the CF/R and CF tracts, unless the CF/R tract is developed by
any entity that is not owned or controlled by the church, then the buffer
requirement for the CF/R tract would be per the LDC.
3. Deviation #3 seeks relief from LDC Subsection 5.03.02.E.2, Fences and walls,
which requires placement of a concrete or masonry wall between non-
residential and residential development to allow the Church of Christ MPUD to
provide a Type B buffer with a concrete or masonry wall or fence along the
northern boundary from the preserve tract west to the Livingston Road Right-of-
way and along the southern property line from the terminus of the wall located
at Aviano of Naples, east to a point where the Aviano preserve width is
approximately one hundred three feet [103').
COCMPUD AR I 0294 (Rev 16)BCC
10
EXHIBIT F
FOR
NAPLES CHURCH OF CHRIST MPUD
LIST OF DEVELOPER COMMITMENTS
Regulations for development of the Naples Church of Christ MPUD shall be in
accordance with the contents of this MPUD Document and applicable sections
of the LDC and Growth Management Plan (GMP) in effect at the time of
issuance of any development order to which said regulations relate. Where this
MPUD Ordinance does not provide development standards, then the provisions
of the specific sections of the LDC that are otherwise applicable shall apply.
1. TRANSPORTATION
A. A vehicular interconnection between the CF and CF/R Tracts
must be provided at the time of site plan approval.
B. Within one year of issuance of certificate of occupancy (CO)
for the church, the developer shall analyze the project's peak
event traffic to identify any operational failures attributable to
this project. If an operational failure is found, then the
developer, his successors, or assigns shall be responsible to
mitigate those failing movements via alteration of the traffic
light timing, the addition or modification of turn lanes or other
mitigation efforts as deemed necessary by the Transportation
Division to accommodate the project's traffic.
2. ENVIRONMENTAL
A. A minimum of .81 acres of preserve area are required for this
MPUD (5.41 acres x .15 = .81).
COCMPUD ARI0294 (Rev 16)BCC
II
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 2008-62
Which was adopted by the Board of County Commissioners
on the 28th day of October, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of November, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Bo~,+p, ,of
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County Commlss~~~ers
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Deputy