Ordinance 2021-38 ORDINANCE NO. 2021 -3 8
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 WITHIN THE IMMOKALEE AREA OVERLAY
AND THE WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT
OVERLAY ZONES W-1 THROUGH W-4 TO A MIXED-USE PLANNED
UNIT DEVELOPMENT (MPUD) ZONING DISTRICT WITHIN THE
IMMOKALEE AREA OVERLAY AND THE WELLFIELD RISK
MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-1
THROUGH W-4 FOR THE PROJECT TO BE KNOWN AS RCMA
IMMOKALEE MPUD, TO ALLOW CONSTRUCTION OF A 250
STUDENT CHILDCARE CENTER (PRE-SCHOOL), 700 STUDENT
SCHOOL, COMMUNITY CENTER, A MAXIMUM OF 5,000 SQUARE
FEET OF PERMITTED AND CONDITIONAL USES IN THE C-1,
COMMERCIAL PROFESSIONAL AND GENERAL OFFICE DISTRICT,
THROUGH C-3, INTERMEDIATE COMMERCIAL ZONING DISTRICT
AND A MAXIMUM OF 160 MULTI-FAMILY RESIDENTIAL
DWELLING UNITS ON PROPERTY LOCATED AT THE NORTHWEST
QUADRANT OF LAKE TRAFFORD ROAD AND CARSON ROAD, IN
SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, CONSISTING
OF 62.22± ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
[PL20200001827]
WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, P.A,
representing Redlands Christian Migrant Association, 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 31,
Township 46 South, Range 29 East, Collier County, Florida, is changed from Rural Agricultural
[21-CPS-02075/1655668/1183
RCMA Immokalee/PL20200001827 Page 1 of 2
9/20/21
(A) Zoning District within the Immokalee Area Overlay and the Wellfield Risk Management
Special Treatment Overlay Zones W-1 through W-4 to a Mixed-Use Planned Unit Development
(MPUD) within the Immokalee Area Overlay and the Wellfield Risk Management Special
Treatment Overlay Zones W-1 through W-4 for a 62.22± acre project to be known as RCMA
Immokalee RPUD, to allow construction of a 250 student childcare center (pre-school), 700
student school, community center, a maximum of 5,000 square feet of permitted and conditional
uses in the C-1, Commercial Professional and General Office District, through C-3, Intermediate
Commercial Zoning District and a maximum of 160 multi-family residential dwelling units, in
accordance with 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 ,-)1e)141 day of C C. 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL,,;CLERK COLLIE O TY, FLORID
By: • 4r By:
Attest as to.Chairman's , Deputy - Penny T or, Chairman
signature only
Approved as to form and legality:
H idi F. Ashton-Cicko
Managing Assistant County Attorney
Exhibit A: List of Permitted Uses This ordinance filed with the
Secretary of fate's Offico to
Exhibit B: Development and Design Standards .day of ,�, Zll_
Exhibit C: Master Concept Plan and acknowledgement pf that
Exhibit D: Legal Description filin. received this day
Exhibit E: Deviations of ► • - 12.e21
Exhibit F: Development Commitments By beo,
[21-CPS-02075/1655668/1]83
RCMA Immokalee/PL20200001827 Page 2 of 2
9/20/21
EXHIBIT A
RCMA IMMOKALEE MPUD
PERMITTED USES
A maximum of 700 student K-8 School,a 250-student pre-school, 160 multi-family dwelling units,
7,500 square foot community center and 5,000 square feet of Intermediate Commercial (C-3)
uses shall be permitted within the MPUD. The uses are subject to the trip cap identified in Exhibit
F, Section 3.a of this PUD. 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:
A. Principal Uses:
1. Childcare centers (8351), up to 250 students
2. Community centers (8322), not to exceed 7,500 square feet
3. Parks and playgrounds, indoor/outdoor recreation facilities, gymnasium, and open
space uses
4. Schools, private and parochial schools (8211), up to 700 students
5. 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
the Hearing Examiner.
B. Accessory Uses:
1. Administrative Offices
2. Accessory uses and structures customarily associated with the principal uses permitted
in this MPUD
3. Cafeterias in conjunction with pre-school or private school use
4. Essential public services as permitted in LDC 2.01.03 A.
5. Plazas, event lawn, community gardens, nature trails and similar outdoor areas in
conjunction with school or preschool
6. Water management
RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 1 of 11
7. Any other accessory use, which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or
the Hearing Examiner.
RESIDENTIAL:
A. Principal Uses:
1. Dwelling Units: Multi-Family, up to 160 units
2. Model homes/ model sales or leasing offices
3. 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
the Hearing Examiner.
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the principal uses
permitted in this MPUD, including but not limited to garages, carports, swimming
pools, spas and screen enclosures.
2. Clubhouses, community administrative facilities and indoor and outdoor
recreational facilities intended to serve residents and guests, including leasing and
construction offices. These are permitted in the Amenity Area.
3. Water management facilities to serve the project such as lakes.
4. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos and picnic areas.
5. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
COMMERCIAL:
A. Principal Uses: up to 5,000 square feet
1. All permitted and conditional uses in the C-1 through C-3 Zoning Districts of the
Collier County Land Development Code (LDC), Ordinance 04-41, as amended.
RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 2 of 11
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")
or the Hearing Examiner.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the permitted uses within
this MPUD document.
2. Water management facilities to serve the project such as lakes.
3. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos and picnic areas.
4. Any other accessory and related use that is determined to be comparable in
nature with the foregoing uses and consistent with the permitted accessory uses of
this MPUD as determined by the BZA or the Hearing Examiner.
C. Prohibited Uses:
1. The following commercial (C-1 through C-3) uses are prohibited within the 500-foot
radial setback from a public potable water well due to its potential impact to the
public water supply: laundromats, dry cleaners, gasoline service stations, fuel
pumps and tanks associated with any use, paint stores, automotive services,
photofinishing laboratories, automotive vehicle dealers and any use that allows
retail fuel sales. Convenience store buildings are allowed.
PRESERVE:
A. Allowable Uses:
1. Nature trails and boardwalks that do not reduce the amount of required preserve
area to be retained.
2. Mitigation for environmental permitting, as per LDC requirements.
3. Passive Recreation areas, as per LDC requirements.
4. Water management and water management structures, as per LDC requirements.
RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 3 of 11
EXHIBIT B
RCMA IMMOKALEE MPUD
DEVELOPMENT STANDARDS
The table below sets forth the development standards for land uses within the RCMA Immokalee
MPUD. 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.
PRINCIPAL STRUCTURES*4 MULTI- AMENITY COMMERCIAL COMMUNITY
FAMILY AREA*2 FACILITY
Minimum Floor Area per unit 700 SF N/A N/A N/A
Minimum Lot Area N/A N/A N/A N/A
Minimum Lot Width N/A N/A 60 feet N/A
Minimum Lot Depth N/A N/A N/A N/A
Minimum Setbacks(External)
Lake Trafford ROW N/A 250 feet N/A 100 feet
Eastern PUD Boundary N/A N/A 25 feet 100 feet
Western PUD Boundary 50 feet 15 feet N/A N/A
Northern PUD Boundary 50 feet 50 feet 5 feet 200 feet
Southern PUD Boundary N/A N/A 0/5 feet*1 N/A
Minimum Setbacks(Internal)
Private Internal Drives/ROW 10 feet 5 feet N/A 5 feet
Lakes(measured from control 20 feet 20 feet 20 feet 20 feet
elevation)
Preserve 25 feet 25 feet 25 feet 25 feet
Minimum Distance Between Buildings 20 feet N/A N/A 20 feet
Maximum Building Height
Zoned 45 feet 25 feet 35 feet 35 feet
Actual 55 feet 35 feet 45 feet 45 feet
MULTI- AMENITY COMMERCIAL COMMUNITY
ACCESSORY STRUCTURES*3,*4 FAMILY AREA*2 FACILITY
Minimum Setbacks(External)
Lake Trafford ROW 250 feet 250 feet N/A 50 feet
Eastern PUD Boundary N/A N/A 15 feet 50 feet
Western PUD Boundary 10 feet 15 feet N/A N/A
Northern PUD Boundary 25 feet 25 feet 5 feet 50 feet
Southern PUD Boundary N/A N/A 0/5 feet*1 N/A
Minimum Setbacks(Internal)
Private Internal Drives/ROW 0 feet 0 feet N/A 0 feet
Side Yard N/A N/A N/A N/A
Rear Yard N/A N/A N/A N/A
Lakes(measured from control 0 feet 0 feet 0 feet 0 feet
elevation)
Preserve 10 feet 10 feet 10 feet 10 feet
RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 4 of 11
Minimum Setbacks(External) 10 feet 10 feet 10 feet 10 feet
Minimum Distance Between Buildings *5 0/10 feet N/A N/A N/A
Maximum Building Height
Zoned 25 feet 25 feet 30 feet 30 feet
Actual 30 feet 30 feet 35 feet 35 feet
SPS—Same as Principal Structure
BH—Building Height(zoned height)
*1—0 feet if commercial tract developed as SDP for adjacent C-3 commercial to the south.
*2—When not located in a residential building within the"R"tract.
*3—Does not apply to passive recreational uses such as trails/pathways.
*4 - Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features,
streetscape,passive parks and access control structures shall have no required setback and are permitted throughout
the"R" designated areas of the PUD; however such structures shall be located such that they do not cause vehicular
stacking into the road right-of-way or create site distance issues for motorists and pedestrians.
*5—Zero feet if attached, 10 feet if detached.
Note: nothing in this MPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated
in a list of deviations.
RCMA 1mmokalee MPUD(PL20200001827) September 16, 2021 Page 5 of 11
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SITE SUMMARY
TOTAL SITE AREA: 62.22± ACRE
COMMERCIAL (C) 0.44± AC (1%)
RESIDENTIAL (R) 9.45± AC (15%)
COMMUNITY FACILITY (CF) 47.18± AC (76%)
PRESERVE 5.15± AC (8%)
RESIDENTIAL: MAXIMUM 160 DWELLING UNITS
COMMERCIAL: MAXIMUM 5,000 S.F.
OPEN SPACE:
REQUIRED: 30%
PROVIDED: 30%
PRESERVE:
REQUIRED: 5.15 ACRES (20.6± ACRES NATIVE VEGETATION X 0.25)
PROVIDED: 5.15 ACRES
DEVIATIONS (SEE EXHIBIT E)
1. LDC SECTION 5.03.02.G.1.A., "SUPPLEMENTAL STANDARDS"
2. LDC SECTION 4.06.02, "TABLE 2.4 TABLE OF BUFFER REQUIREMENTS BY LAND USE
CLASSIFICATIONS"
NOTES
1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE
TO AGENCY PERMITTING REQUIREMENTS.
2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER EXOTIC
VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND 4.06.05.E.1.
SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN ACCORDANCE WITH
LDC SECTION 3.05.07. IN ORDER TO MEET THE LDC REQUIREMENTS FOR A TYPE 'B' BUFFER A 6
FOOT WIDE LANDSCAPE BUFFER RESERVATION HAS BEEN IDENTIFIED ON THE MASTER PLAN. IN
THE EVENT THAT THE PRESERVE DOES NOT MEET BUFFER REQUIREMENTS AFTER REMOVAL OF
EXOTICS AND SUPPLEMENTAL PLANTING WITHIN THE PRESERVE, PLANTINGS WILL BE
PROVIDED IN THE 6' WIDE RESERVATION TO MEET THE BUFFER REQUIREMENTS. THE TYPE,
SIZE, AND NUMBER OF SUCH PLANTINGS, IF NECESSARY, WILL BE DETERMINED AT TIME OF
INITIAL SDP OR PLAT AND INCLUDED ON THE LANDSCAPE PLANS FOR THE SDP OR PLAT.
3. WATER AND SEWER TO BE PROVIDED BY IMMOKALEE WATER AND SEWER DISTRICT.
4. NO VEHICLE STACKING SHALL OCCUR ON LAKE TRAFFORD RIGHT-OF-WAY. ALL
VEHICLE STACKING MUST OCCUR WITHIN THE PUD BOUNDARY.
RCMA IMMOKALEE MPUD SCALE
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EXHIBIT D
RCMA IMMOKALEE MPUD
LEGAL DESCRIPTION
THAT PART OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 31,TOWNSHIP 46 SOUTH, RANGE 29
EAST, COLLIER COUNTY FLORIDA, LYING NORTH OF C.R. 890; LESS THE NORTH, EAST, AND WEST 30 FEET
THEREOF, LESS LANDS DESCRIBED IN O.R. BOOK 551, PAGE 577; LESS LANDS DESCRIBED IN O.R. BOOK
739, PAGE 675; LESS LANDS DESCRIBED IN O.R. BOOK 770, PAGE 196; LESS LANDS DESCRIBED IN O.R.
BOOK 957, PAGE 1736, LESS LANDS DESCRIBED IN O.R. BOOK 2280, PAGE 757; LESS ALL OF CARSON ROAD
MOBILE HOME SUBDIVISION, AS RECORDED IN PLAT BOOK 31, PAGE 1, LESS CARSON ROAD; AND LESS
LAKE TRAFFORD ROAD,ALL RECORDINGS OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT: PARCEL 1: A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,COLLIER
COUNTY, LYING IN SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST ONE QUARTER OF SECTION 31;THENCE
N00°55'53"W ALONG THE EAST LINE OF SAID FRACTION FOR 540.33 FEET; THENCE N89°11'40"W FOR
30.02 FEET TO THE POINT OF BEGINNING, SAID POINT BEING THE NORTHEAST CORNER OF A PARCEL OF
LAND DESCRIBED IN OFFICIAL RECORDS BOOK 739, PAGE 675;THENCE N89°11'40"W ALONG THE NORTH
LINE OF SAID PARCEL FOR 200.08' TO THE NORTHWEST CORNER OF SAID PARCEL; THENCE N00°55'53"W
FOR 60.28 FEET TO AN INTERSECTION WITH THE SOUTHERLY LINE OF A PARCEL OF LAND DESCRIBED IN
OFFICIAL RECORDS BOOK 551, PAGE 577; THENCE S89°06'51"E ALONG THE SOUTHERLY LINE OF SAID
PARCEL FOR 199.79 FEET TO AN INTERSECTION WITH THE WEST RIGHT-OF-WAY LINE OF SAID CARSON
ROAD; THENCE SOO°55'53"E ALONG SAID WEST RIGHT-OF-WAY LINE FOR 60.00' TO THE POINT OF
BEGINNING.
TOTAL CONTAINING 62.22 ACRES, MORE OR LESS.
RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 8 of 11
EXHIBIT E
RCMA IMMOKALEE MPUD
DEVIATIONS FROM THE LDC
DEVIATION 1: Relief from LDC Subsection 5.03.02.G.1.a., Supplemental Standards, which
provides chain link (including wire mesh) and wood fences are prohibited forward
of the primary façade and shall be a minimum of 100 feet from a public right-of-
way. If these types of fences face a public or private street, then they shall be
screened with an irrigated hedge planted directly in front of the fence on the
street side. Plant material shall be a minimum of 3 gallons in size and planted no
more than 3 feet on center at time of installation. This plant material must be
maintained at no less than three-quarters of the height of the adjacent fence, to
instead allow the use of up to a 6-foot-high chain link fence forward of the primary
facade where the chain link fence is screened with an irrigated hedge planting
directly in front of the fence facing the external right-of-way.
DEVIATION 2: Relief from LDC Section 4.06.02, "Table 2.4 Table of Buffer Requirements by Land
Use Classifications", which provides that where multiple family dwellings are
adjacent to a community facility (CF) use a 15-foot-wide Type B Buffer is required
for both uses, to instead allow for a single 15-foot-wide Type B Buffer to be
installed on the residential tract and will be installed at the time of construction
of the residential component of the mixed-use PUD.
RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 9 of 11
EXHIBIT F
RCMA IMMOKALEE MPUD
DEVELOPMENT COMMITMENTS
1. PUD MONITORING
One entity(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 Redlands Christian Migrant Association, Inc., 402 W. Main Street, Immokalee, FL
34112. 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.
2. MISCELLANEOUS
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.
3. TRANSPORTATION
a. The maximum total daily trip generation for the PUD shall not exceed 424 two-way
PM peak hour net trips based on the use codes in the ITE Manual on trip generation
rates in effect at the time of application for SDP/SDPA or subdivision plat approval.
b. No vehicle stacking shall occur on Lake Trafford right-of-way. All vehicle stacking must
occur within the PUD boundary.
RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 10 of 11
c. Owner will coordinate with the Collier School District to stagger arrival and dismissal
times of the PUD's school and childcare center with the arrival and dismissal times of
the nearby public school.
4. LANDSCAPING
a. Preserves may be used to satisfy the landscape buffer requirements after exotic
vegetation removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1.
Supplemental plantings with native plant materials shall be in accordance with LDC
section 3.05.07. In order to meet the LDC requirements for a Type B buffer, a 6-foot
wide landscape buffer reservation has been identified on the Master Plan. In the
event that the preserve does not meet buffer requirements after removal of exotics
and supplemental planting within the preserve, plantings will be provided in the 6-
foot wide reservation to meet the buffer requirements. The type, size, and number
of such plantings, if necessary, will be determined at time of initial SDP or plat and
included on the landscape plans for the SDP or plat.
5. ENVIRONMENTAL
a. The MPUD shall be required to preserve 25% of native vegetation. 20.6± acres of
native vegetation exist on-site requiring a minimum preservation of 5.15±acres (20.6
X .25 = 5.15). A minimum of 5.15±acres of native vegetation will be retained on-site.
b. A management plan for Florida Black Bear and Fox Squirrel shall be submitted for
review and approval at time of final plat or SDP for the project, whichever is
applicable.
RCMA Immokalee MPUD(PL20200001827) September 16, 2021 Page 11 of 11
Kit
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
November 3, 2021
Ms. Martha S. Vergara, Board Minutes & Records Dept.
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-38, which was filed in this office on November 3,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270