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Ordinance 89-009ORDINANCE 89- 09 AN ORDINANCE A~ENDING ORDIN;uNCE 82-2 ~7{E COMPREHENSIVE ZONING REGULATIONS FOR ~74E UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NLrMBER 46-29-9 BY CHA3~GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM RSF-4 TO "PUD" PLANNED UNIT DEVELOPMENT t~ ~J KNOWN AS GARDEN LAKE APARTMENTS, FOR ~ ~i , PROPERTY LOCATED ON THE SOUTH SIDE OF ' LAKE TRAFFORD ROAD APPROXIMATELY 3/5 ~', - MILE WEST OF SR-29, IN SECTION 32, TOWNSHIP 46 SOUTH, ~tANGE 29 EAST; AND PROVIDING AN EFFECTIVE DATE. W~EREAS, Sanford L. Seligman and Shelly O'Steen of Landcom, Inc., representing Jack Queen, petitioned the Board of County Commissioners to change the zoning classification of the herein deecribed real property~ NOW, THEREFORE BE IT ORDAINED by the Board of County property located in Section 32, Township 46 South, Range 29 East, Collier County, Florida is changed from "RSF-4" to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atl&~ Map Number 46-29-9, as deecribed in Ordinance 82-2, ie hereby amended accordingly. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE: February 14, 1989 BOARD OF COUNTY COMMISgIONERS COLLIER,~OUNTY, FLORIDA ,.- ATTEST: BYZ~~/'~~ JAMES ..C...__GILES, CLERK B~3RT L. SAUNDERS, CHAIRF~AN .: . . . - ~.~ ~.~,~~~ SISTAN' COU.TY A=O ,E I]34'",' 36 R-88-25C PUD Ordinance P.U.D. DOCUmeNT CARDIN LAKE OF I/~OKAL£E, LTD. GA~D£N LAKE APAKT~'NTS A PLANNED UNIT DEVELOPMENT BY: Garden Lake of Immokalee. Ltd. 9250 Baymeadows Road, Suite 200 Jacksonville. FL 32256 DATED~ KEVISED: November 9, 1988 February 7, 1989 03'4 ?,~,: 36! TABLE OF CONTENTS Statement of C~pliance and Short Title ........................... 1 Section I Section II Section III Section IV Sect£on V Property Ownership and General Descript£on .......... 2 Project Development ................................. 3 Mult£-Fa~£17 ~esidential P.U.D .................... 4-5 General Development Commitments .................... 6-8 Costruction Dates .................................... 9 -i- ,°°6 034 STATEMENT OF COMPLIANCE The development of the ?.29 acres of propertT'in the West 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section ]2, Township 46 South, Range 29 East, Collier County, Florida, as a Planned Unit Oevelopment to be known as Garden Lake Apartments (Garden Lake of Im~kalee, Ltd.), will be in compliance with the planning goals and objectives of Collier County as let forth in the 1989 Growth Management Plan. The residential development of Garden Lake Apartments, will be consistent with the growth policies, land development regulations and applicable Growth Management Plan documents for the following reasons: 1. The project development is compatible and complementary to the surrounding land uses. 2. Improvements are planned to be in compliance with applicable regulations. 3. The project is to help the severe shortage of affordable housing in the low to moderate income range. , SHOI~ This ordinance shall be known and cited as the Garden Lake Apartments (Garden Lake of Immokalee, Ltd.), P.U.D. Ordinance. ~/i/ , SECTION Property Ownership and General Description 1.01 Introduction and Purpose It ia the intent of Garden Eake of Immokalee, Ltd., to establieh and develop a Planned Unit Development (P.U.D.) on the 7.29 acres of property located on Lake Trafford Road in Collier CountT, ~. It is the purpose of this document to provide the required standards and set forth guidelines for the development of the Property. 1.02 Name The P.U.D. development shall be kno~n as Garden ~ke Aperients, (Garden ~ke of I~kalee, Ltd.) 1.03 ~gal Description A 7.29 acre parcel lying in the W~st 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 32, Township 46 South, Range 29 East, Collier County, Florida more particularly ~scribed as: Co~encing at the NE corner of the W I/2 of the ~ 1/4 of the SW 1/4 of Section 32, T~nship 46 S, ~nge 29 E, Collier County, ~, run South C1 degrees, 03 minutes and 45 seconds East 39.37 feet along the East line of said West 1/2 of the Northeast 1/4 of the Southwest 1/4 to the South Right-of~ay line of ~ke Trafford ~oad and the ~int of beginning~ thence continue South 01 degrees 03 minutes and 45 seconds East 958 feet to the · Southeast corner of the Northeast ~/4 of the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4, thence South 89 degrees, 00 minutes and 31 seconds West 331.39 feet to the Southwest co,er of the Northeast 1/4 of the Southwest 1/4 of the Northeast 1/4 of the Southwest 1/4: thence North 01 degrees, 05 minutes, and 00 seconds West 958.29 feet along the West line of East 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest 1/4 to the South Right of Way line o~ ~ke Trafford ~ad~ thence North 89 degrees 03 minutes and 30 seconds ~gt 331.74 along said Right of Way line to the Point of Beginning. Subject to all Easements, Rese~ations and Restric{ions of Record. 1.04 Title to Property Subject property is currently under contract to be purchased by ~ Housing Partners (A Florida ~neral Partnership) from Jack ~een. 2 034 364 SECTION Project Development 2.0! Put. se T~e purpose of this Section is to generally describe the plan of the development and to describe the general conditions that will apply to the project. 2.02 General Plan of Development The Garden Lake AparUmen= Complex is to be developed as a rental apartment complex to be owned, operated and maintained by the developer, including all recreation facilities, retention areas, drainage swales and other common open spaces. In addition, the developer commits to 100% affordable housing as defined by the 1989 Growth Manage~-nt Plan. 2.03 Compliance With Applicable Ordinances · The project is intended to be in compliance with the applicable ColliWr County general zoning and subdivision regulations, as well as other Collier County development codes in effect at the time permit plans are required. 2.04 Final Site Development Plans A Site Development Plan (SDP) shall be submitted in accordance with Section 10.5 of Zoning Ordinance 82-2 for review and approval prior to issuance of construction permits. This SDP ihall be in lubstantial compliance with the PUD Master plan. 2.05 Pro,eot Density The total acreage of the Garden Lake Apartments property is 7.29 acres with a maximum density of 9.0 units per acre with a maximum of 65 rental housing units and one office/manager's unit permitted. No~e: This density only applies to rental housigg'units. SECTION III Multi-Family Residential P.U.D. 3.01 Purpose The purpose of this section is to set forth the regulations for the development of the Garden Lake Apartments in accordance with the Multi-Family Entry Level Rental Housing section of the Zoning Ordinance. 3.02 Maximum Dwellin~ Units A maximum number of 66 units, including the managers unit, will be constructed on ~he site in accordance with applicable County Regulations. 3.03 Permitted Uses and Structures Multi-Family rental dwelling units. 3.04 Permitted Accessory Uses Accessory uses and structures which are incidental to and cuetDmarily asEociated with the permitted uses, 3.05 A. Manager's unit/office. B. Laundry facilities. ..C. Any other accessory uses and structures which are incidental to and customarily associated with the permitted uses. Property Development Rec/ulations A. Minimum yard requirements: 1. Front yard-30 feet 2. Side yard- 15 feet 3. Rear yard- 30 feet B. Maximum height of structure - one story or one living floor. Minimum floor area 1. (me bedroom apartment , Minimum square footage - 450 Maximum square footage - 650 Two bedroom apartment Minimum square footage - 650 Maximum square footage - 900 4 * As reflected on the PUD Master plan, our one bedroom unit contains 640 square feet of heated area, and the two bedroom unit contains 777 square feet of heated area. 3.o6 As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 3.07 Off-Street Parkin~ and Drives Parking shall be provided at a rate of 1.5 spaces per one-bedroom unit and 2 spaces per two-bedroom unit. 3.08 Distance Between Structures The minimum distance between principal structures shall be one half (1/2) the sum of the height of the two principal structures, with a minimum of 15 feet. 3.09 Landsca~in~ Minimum Landscaping requirements shall be as permitted or required by the Zoning Ordinance in effect at the time a permit fi requested. 3.10 Bufferin~ A landscaped buffer shall be provided along the North, East and South property lines in accordance with Section 8.37 of the Zoning Ordinance, 82-2 (or whatever Ordinance is in effect at the time building permits are requested}. A six foot high opaque structure and a landscaped buffer in accordance with Section 8.37a.-d. of Zoning ordinance 82-2 shall be provided along the West property line. 3.~1 Lighting All parking lot/security lighting shall be oriented so as not to produce glare upon adjacent properties or the adjacent roadway. 3.12 Other Standards Standards not specified herein are to be in accordance with the Collier County Zoning Ordinance in effect at the time permits are requested. " 5 034 367 ////,,: , SECTION IV General Develo~ent Co=itments 4.01 Purpose 'IT~e pure. se cf this section is to set forth the standards for development of the project. 4.02 Development Commitments. A. P.U.D. ~aster Plan shall be understood to be flexible to allow minor design changes to satisfy the project criteria and comply with all applicable requirements of this ordinance. The final design shall be in substantial compliance with the P.U.D. ~aster Plan. B. Energy: construction shall co~ly with applicable local and state energy codes as well as federal minimum property standards. C. Air Quality: the developer shall comply with applicable codes and apply for required ~ermits relative to air quality. D. Water Management= . 1. D~tailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. 2. In accordance with the Rules of the South Florida Water Management District, [SFWM~) Chapters 40E-4 and 40E-40, the entire property shall be designed for a storm event of 3-day duration and 25 year return frequency unless the entire project complies with SFWMD Chapter 40E-4.053 Conditions for Exemption.. 3. An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance #88-26 and South Florida Water Management District rules. E. EnvLronmental Reouirements 1. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscppe Architect and to a C~unty Environmental Specialist for their review'a~d shall be subject to their approval. The landscape design shall incofpprate a minimum of 60% native plants, by number, including trees, shrubs,, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the discretion of the County Landscape Architect or County environmental Specialist a higher 6 S]~-'TTON ]:V (Continued) General Development Co~itments percentage of trees or shrubs can offset an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only §0% native ground cover. This plan shall depict the incorporation of native species and their mix with o~her species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characterist~cs lost on the site during construction or due to past activities. 2. All exotic plants, as defined in the County Code, shall be removed during each phale of construction from develol~nent areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by £nvironmental Resource Management and the Con=nunity Development Division. 3. If during the course of site clearing, excavation, or othe~ constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be i~ediately stopped and Environmental Resource Management notified. Development will be suspended for a sufficient lengtk of time to enable Environmental Resource ~anagement or a designated consultant to assess the find end determine the proper course of action in regard to its salvageability. Environmental Resource Management will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activitiee. F. Traffic 1. The developer shall provide street lighting at each project entrance. , 2. Access to the site from Lake Trafford Road shall be in accordance with County Ordinance 82-91. 3. The developer shall provide left turn lanes on Lake Trafford Road at each point of access tO the site. 4. The developer shall provide fifteen feet of additional right-of-way along the south side of Lake Trafford Road for futur~ roadway, d=ainage and sidewalk/bike path improvements. 5. These improvements are considered "site related" aa defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. G. Construction System Ail buildings will be one-sto~! wood frame bearing walls with brick veneer, concrete slab on grade and reinforced concrete footings. H. Pollin~ Places Per Section 9.11 of the Zoning Ordinance. I. Ut£1ities ~ater and sewer facilities will require approval from the Inookalee Water. and Sewer District as well as FDER approval prior to start of construction. J. Fire Protection S£te plan will require local fire department appcoval regarding location of hydrants and sufficiency of water mains. K. Plat Re~uirements Platting or waiver of plat will be rsquired in accordance with Collier County Subdivision Regulations. L. Prior to completion of the project, all commi~ments in this P~D document shall be met by the developer or his designee. If certain comitments are to be met during the final phase of construction, adequate provisions shall be established to assurs that all commi~ments ar% me= by ~he de,eloper or his designee at the time of completi~ of ~i% p=oJec~. '.. m I mmm SECTION V Construction Dates 5.01 Purpose The put. se of this section is to met forth the anticipated starting and co~plstion dates for the project. 5.02 Start Date The anticipated starting date will be May 15, 1989. 5.03 Completion Date The anticipated completion date will be November 15, 1989. '$ t r-l{ (}ARDEN 1A{I;~ AfARTMI~NT$ II. OWN Jll.. . ·AII. CllITIC'T. OAINIJ¥1LLI. l&OllD& Illll ' AGREEMENT l, Shelly O'Steen, as owner or authorized agent for Petition R-88-25C, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on January 19, 1989. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the discretion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover. For example, the use of 70~ native trees could allow the use of only 50% native ground, cover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. Ail exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, andpreserve areas. Following site development a maintenance program shall be implemented to-prevent reinvasion-of the site ~y such exotic spe6ies. This plan, which will describ% control techniques and inspection intervals, shall be 'filed with and approved by Environmental Resource Management and the Community Development Division. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and Environmental Resource Management notified. Development will be suspended for a sufficient 034 he me length of time to enable Environmental Resource Management or a designated consultant to assess ~he find and determine the proper course of action in regard to its salvageability. Environmental Resource Management will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance #88-26 and South Florida Water Management District rules. The developer shall provide left turn lanes on Lake Trafford Road at each point of access to the site. The developer shall provide 15 feet of additional right-of-way along the south side of Lake Trafford Road for future roadway, drainage and sidewalk/bike path ! improvements. The developer shall provide street lighting at each project entrance. These improvements (f., g. and h., above) are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. I Water and sewer facilities will require approval from the Immokalee Water and Sewer District as well as FDER approval prior to start of construction. Site plan will require local fire department approval regarding location of hydrants and sufficiency of water mains. Platting or waiver of plat will be required in accordance with Collier County Subdivision Regulations. No variances to the Subdivision Regulations were requested, none given. .Driveway locations may be required to be adjusted ~-~: slightly so as to line up with driveway/roadway across Lake Trafford Road. Review to be done at final detail plan submission. , Statement of Compliance: Amend the sixth line to read, in part, "... as set forth in 'the 1989 Comprehensive Plan." Subsection 1.01, Introduction and P~rpos-: Delete the second sentence in the first paragraph that refers to attached documents. Subsection 1.03, Legal DescriPtion: Add the legal description. Subsection 2.02, General Plan of DevuloDment: Amend the sixth line to read, "... 1989 Comprehensive Plan." Subsection 2.04, ~inal Site Development Plans: Amend to read," A Site Development Plan (SDP) shall be submitted in accordance with Section 10.5 of Zoning Ordinance 82-2 for review and approval approval prior to issuance of construction permits. This SDP shall be in substantial compliance with the PUD master Plan." Subsection 2.05, Project Density: Amend the second sentence to read, in part, "... 9.0 units per acre based upon a maximum of 65 .... " Subsection 3.02, Maximum Dwellin~ Units: Amend to read, "A maximum number of 66 units, including the manager's unit, will be constructed on the site in accordance with applicable County regulations." Subsection 3.05, Property Development Requlations: Amend the asterisk note by changing "site plan" to PUD Master Plan." Subsection 3.10, Buffering; Amend to read, "A landscaped buffer shall be provided along the north, east and south property lines in accordance with Section 8.37 of Zoning Ordinance 82-2 (or whatever ordinance is in effect at the time building permits are requested). A six foot high opaque structure and a landscaped buffer in accordance with Section 8.37a.-d. of Zoning Ordinance 82-2 shall be provided along the west property line. Section III, Multi-family Residential PUQ: Add a new subsection to read as follows and re-number Subsection 3.11 to 3.12: -3- aa. All parking lot/security lighting shall be oriented so as not ~o prodqca glare upon a~Jac~nt properties or the adjacent roadway." Subsection 4.01a., Development Commitments Add the following sentence, "The final design shall be in substantial compliance with the PUD Master Plan." Subsection 4.01 g., Environmental Mealth[ Delete and reletter the following paragraphs. Subsection 4.01, Development Commitments: Add a new (lettered) paragraph to read as follows: "Construction System All building will be one-story wood frame bearing walls with brick veneer, concrete slab on grade and reinforced concrete footings." PETITION~/OR AGENT REPRESENTATIVE FOR CCPC OF ~~ , 1989. NO~Y SEAL MY COMMISSION EXPIRES: .'~ R--~3'=25C AGRE~tI~T SHEET -4- STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, 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. 89-09 which was adopted by the Board of County Commissioners on the 14th day of February, 1989, during Regular Session. WITNESS my hand and the official seal of the Board County Commissioners of Collier County, Florida, this 15th day of February, 1989. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ' By: /~/Virginia Magriv .'~ Deputy Clerk .... /t111; ,~C"