Ordinance 89-076COMPRESSIVE ZO.I.G
INCO O T -D Or
A~S ~P N~B~ 48-26-9 BY ~GING ~E
ZONING C~SSIFICATION OF ~E H~EIN
DES~I~ED R~L PROP~ ~0~ A-2 TO "PUD" · ~-.
P~ ~IT D~E~ ~0~ AS
C~RCLE" FOR ~20 ~T~-F~Y
~ITS; FOR PROP~ ~CATED ON ~E
SOPHIST CO~ER OF I~LEE RO~ ~D
~E ~E LIVINGSTON RO~ CO~AINING
9.347 ACRES, MORE OR LESS, ~TED IN
SE~ION 30, TO'~SHIP 48 SO~, ~{GE 26
~ST, COLLIER CO~TY, F~RIDA; ~D BY
PROVIDING ~ EFFE~I~ DATE.
WHEREAS, William R. Vines of Vines and Associates,
representing Sand Kastle Construction of Naples, 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:
The Zoning Classification of the herein described real
property located in Section 30, Township 48 South, Range 26
East, Collier County, Florida is changed from "A-2# to "PUD"
Planned Unit Development in accordance with the PUD document
attached hereto as E.xhibit SA" which is incorporated herein
and by reference made part hereof. The Official Zoning Atlas
Hap Number 48-26-9, as described in Ordinance 82-2, is 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: November 14, 1989 BOARD OF COUNTY COM]4ISSIONERS
COLLIER COUNTY, FLORIDA
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/:' .ATTEST ~. ', :'% BY:
-' : JAMES C. GIn,S, CLERK BUR~ L. SAUNDERS, CHAIRMAN
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J~kRJOI~E N. STUDF..N~
ASSISTANT COUNTY ATTORNEY
R-89-16 PUD ORDINANCE, ew
PLANNED UNIT DEVELOPMENT DOCUMENT
For
APRIL CIRCLE
A Multi-Fatally Entry Level
Rental Housing Project
Prepared For
Sand Kastle Construction of Naples, Inc.
By
Vlnes $ Associates, Inc.
715 Tenth Street South
Naples, Florida 339q0
Phone: {813) 262-z116~
Date Filed:
Date Revised:
Date Revlewect by CCPC: lO/Iq
Date Approved by BCC: II/I.~/
Ordinance Number: ~.~o
SECTION I
PROPERTY OWNERSHIP AND'DESCRIPTION
1.1..PURPOSE
The purpose of this Section is to set forth the location and
ownership of the property, and to describe the existlng
·
conditions of the property to be developed under the project name
of: April Circle.
1.2 I-EGAL DESCRIPTION
The subject, property, being 9.3~7 acres In are~, is described u
the west half of the west half of the northwest quarter of the
northwest quarter of Section 30, Township #8 South, Range 26
East, Collier County, Florida less the north 100 feet thereof for
road right-of-way.
1.3. PROPERTY OWNERSHIP
The subject property is currently under the ownership of Sand
Kestle Construction of Naples, Inc., 3000-D Immokalee Road,
Naples, Florida 33942.
1.1~. GENERAL DESCRIPTION OF PROPERTY AREA
The 9.3q7 acre tract, located In Sec. 30, Twp. ~8S., Rge.
26E., is bounded on the north by Immokale. Road, on the west
by futura Livingston Road, on the east and south by
undeveloped lands.
The zoning classification of the subject property prior to
the date of this approved PUD document was A-2 Agricultural.
1.$. PHYSICAL DESCRIPTION
The property Is located In the Cocohatchee River Water Management
Basin. Water management for the project Is to be the lake
retention type. Elevation on the property ranges from 11.3 feet
to 13.3 feet above mean sea level, averaging about 12 feet. The
property is primarily pine forested upland. It contains small
areas of Jurisdictlonal wetlands, portions of which contain
wetland vegetation suitable for preservation within the finished
development project. It also contains smell areas of altered
lends which are Impacted with exotic vegetation.
SoU types on the property are classified as Browar~! flne send in
the upland areas, cypress swamp in the wetland areas. All of the
site is located in Flood Zone "X" according to FIRM Map 120067
0195 D Panel 195 of 112S, dated June 3, 1986.
1.$. pROJECT DESCRIPTION
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Aprll Circle is to be a 120 unit multl-famiiy entry level rental
housing complex comprised of 15 2 story a unit atru~ures. The
multi-f~rn~ly structures are located around central open apace
which ie in part lake, In pert preserved natural wetland, and in
part recreation area. The project Is subject to the ta~ms of an
affordable housing and denslty bonus agreement between the
project developer/owner and the Collier County Department of
Housing and Urban Improvement.
1.7. STATEMENT OF COMPLIANCE WITH GROWTH MANAGEMENT PLAN
Development of the project as a 12.1~ dwelling unit per acre
Affordable IMulti-Famlly Entry Level Rental) Housing Planned Unit
Development will comply with the planning goals and objectives of
the Collier County Growth Management Plan. The affordable
houslng density bonus conforms to the Growth Management Plan
rating system iLU-I-29,[3)). The project will be served by a
complete range of services end facilities.
.SHORT TITLE
This ordinance shall be known es cited ss the aApril Circle
Planned Unit Development Ordinance.~
SECTION II
PROJECT DEVELOi~MENT
2.1. pURPOSE
The purpose of this Section Is to describe the basic development
features of. April Circle, and to set forth basic project
criteria.
2.2 gENERAL
Development of this project will be governed by the contents
of this document and applicable sections of the Colller
County Zoning Ordinance in effect at the time of building
permlt appIlcation.
Unless otherwise noted, the definitions of all terms shall
be the same as the definitions eat forth in the Collier
County Zoning Ordinance at the time of bulldlng permit
application.
Ce
All conditions Imposed and all graphic material approved aa
· part of the rezonlng to PUD ahall become a part of the
regulations which govern the manner in which April Circle
may be developed.
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2.3. I~ROJECT PLAN
Re
The pattern of buildings, drives, parking, end open space
featurea is Indicated on the Master Development Plan. The
acre.ge of the vmrioue element~ of the Maeter Development
Plan follows:
IJnd Use Acres
Multl-lramlly structures 1.70
Lake .70
Preaerved wetlanda · 10
Recreat!onal $ landacaped area 3.20
Drives and parking 2.~$
Dedicated Arterial RIW ,1.2~,
9.35
2.11. I~,ROJECT DENSITY
No more than 120 residential dwelling unite may be constructed in
the total project area. The grosa project area is 9.3~7 acrea.
The maximum project density, therefore· will be a maximum of
12.8q dwelling units per acre.
2.$
~LAN APPROVAL REQUIREMENTS
Prim' to development, Site Developnmnt Plan approval shall be
required for this project pursuant to Se~. 10.$ of the Collier
County Zoning Ordinance. Site Development Plan approval
applications may be submitted for pertlons of the project or for
the entirety. No project developmental ectivitlu shall be
permitted except In conformity with approved Site Development
Plans.
2.6. INTERNAL ACCESS TO BE PRIVATE
All Internal access drives within the project shall be private.
2.7. PROJECT NOT TO BE SUBDIVIDED
The April Circle rental housing project is to remai,n in · single
tract under single ownership, end will not be subdivided.
z.~. puePoSg
SECTION III ',
PROJECT DEVELOPMENT REGULATION~
The purpose of this Section is to sat forth tho development
regulatlons applicable to the April Circle project.
3.2. MAXIMUM DWELLING UNITS
A maximum of 120 multi-family dwelling unite may bo constructed
In this project.
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used, or lend used, in whole or part, for other then
the following:
A. Principal Uses:
1. Multi-family residences.
Accessory Uses:
1. Uses and structures which are typically accessory to
multi-family residential projects, Including
recreational, water management, and similar ancillary
uses.
A temporary sewage treatment plant and disposal
facility, prior to the time the project is connected to
the County sewage treatment system.
3. Project administrative offices. The offices may occur
in a residential unit or Jn temporary structures.
3.q. DEVELOPMENT STANDARDS FOR MULTI-FAMILY STRUCTURES
Minimum Separation Between a Multi-Family Residential
Structure and:
A project boundary: 30 feet
An adjoining multi-family structure: 15 feet
The edge of a vehicular access drive: 10 feet
An offstreet parking space: 10 feet, exclusive*of vehicle
overhang.
Minimum and Maximum Dwellln9 Unlt Floor Area:
Efficiency: t~50 to 600 square leer'of enclos~:d living area
One bedroom:
Two bedroom:
area
Three bedroom:
area
u, S0 to 900 square feet of enclosed living area
650 to 1,100 square feet of enclosed I1vtng
900 to 1,250 square feet of enclosed living
C. Offstreet Parking Requirements:
Two spaces per dwelling un]t
D. Maximum Building Hei9ht:
Two stories
3.5. STANDARDS FOR THE WETLANDS PRESERVE AREAS
Ao
The wetland preserve areas indicated on the Master
Development Plan, including such wetlands preser-ve boundary
adjustments as may result during the wetlands permitting
process, shall be permanantly preserved as natural wetland
open space. No modification of the preserved natural open
space sh,~ll occur, exce'pt for removal of exotic plants and
such minor recreational or utllltarlan facilities as may be
authorized during the wetlands permitting process.
:3.6. STANDARDS FOR THE TEMPORARY SEWAGE TREATMENT AND DISPOSAL
Oo °
FACILITY · :
A temporary sewage treatment plant and underground dralnfleld for
treated effluent disposal may be developed in the location
Indicated on the Master Development Plan. At such time es county
sewerage service is available to the project, the onsite
temporary treatment facility shall be discontinued and the land
it occupies may be utilized for multi-family development as
indicated on the Master Development Plan.
A. Development Standards:
1) Minimum yards for the treatment plant: SO feet from
the sewage treatment' plant parcel boundary
2! Landscape buffer requirements: 20 foot wide landscape
buffer adjacent the sewage treatment plant parcel
boundary pursuant to the planting requirements of
SecUon 8.37 of the Zoning Ordinance
3! Maximum treatment plant height: 15 feet
SECTION IV ·
DEVELOPMENT COMMITMENTS
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The purpose of thla section ia to set forth the development
commitments applicable to the April Clricle project.
~.2. GENERAL
All facilities shall be constructed In strict accord with
approved Site Development Plans which shall generally conform to
the approved project Master Development Plan end applicable state
and local laws, codes, end recjulationa. Except where
specifically noted or stated otherwise, the standards of the
official County Zoning Ordinance shall apply to thla project.
The developer, his successor, end assigns shall be responsible
for the commitments outlined herein.
PUD MASTER PLAN
The PUD Master Development Plan Indicates the proposed
development. Minor modifications to and adjustment of the
plan elements may be authorized during the Site Development
Plan approval and permit Issuing process.
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Be
All necessary easements, dedication's, or other Instrument~
shall be granted to insure the continued operation end
maintenance of all service utilities and all common areas in
the project.
DEPARTMENT OF HOUSING AND URBAN IMPROVEMENT AGREEMENT
The April Circle project shall be operated in accord with the
term~ of an executed Affordable Housing agreement between the
project owner and the C0111er County. Department of Housing and
Urban Improvement. When the agreement between the owner and the
Department of Housing and Urban Improvement has been terminated,
the April Circle project may be trtllized for conventional multi-
family rentals, and/or the multi-family structures may be
converted to multi-family condominiums and the Individual
dwelling units may be sold.
1~.5, SCHEDULE OF DEVELOPMENT
Initletlon of development Is expected to occur during the
calendar year 1990 or 1991. It is anticipated that the
project will be developed in two phase~ with each phase
extending for approximately 18 months. Development of
four northernmost multl-famUy structures is to be deferred
until sewage treatment/disposal service is available from
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Co$11sr County and the oneite t~mp~r~ry sewage treatment
plant faculty can be discontinued,
II,.S. pLANS APPROVAL AND IMPROVEMENT REQUIREMENTS
The petitioner shall enter into an agrae~nent with the
Collier County Board of Commlssioner~ through it~ agent, the
Director of Housing and Urban Improvement. Sald agreement
shall include the relationships to be established between
households of Iow and moderate Income as defined by the U.S.
Department of Housing and Urban Development (HUD) and rental
rates; the percentage of the project to be set aside for
Income ranges within the Iow and moderate income categorlee=
and the number of year~ for which the set aside is to occur.
Said agreement shall Include other assurances and conditions
as requlred by the County Attorney and shall be executed to
the satisfaction of the County Board of Commissioners, whose
action is prerequisite to the Issuance of a development
order based upon the development proposed by said Petition
R-89-16.
Approval of' the PUD document does not convey site
development plan approval to the PUD Master Plan. Each
development phase is subject to SDP approval pursuant to
Section 10.5 of Ordinance 82-2 as amended. Site development
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plan applications will comply with p'rovlalon of the Zoning
Ordlnance in affect at the time of appllcation unless
otherwise regulated by provisions in this PUD document.
An Excavation Permit will be required for the pmpoeed
lake(s) in accordance wlth Colllar County Ordinance No.
88-26 and South Florida Water Management rules.
A 20 ft. wide strip of land along the entire lake frontage
shall be reserved for use as a maintenance easement for lake
maintanenace purposes.
A temporary swale shall be constructed from the outfal!
structure to the Immokalee Road right-of-way swale until
such time that the Livingston Road right-of-way swale has
been constructed aa part of the Municipal Service Taxing
Unit. This temporary swale must be shown on final alto plan
ae to location and typlcal cross-section.
Detailed paving, grading, site drainage and utility plans
ahell be ~ubmittad to Project Review lervlcea foe review.
No construction permits shall be issued unless and until
approval of the proposed construction plans is granted by
Project Review Services.
Wort< within Collier County right-of-way shell meet the
requirements of Collier County rlgh.(-of-way ordinance a2-91.
Water distribution, sewage collection and transmission and
intarim water and/or sewage treatment facilities to serve
the project ara to be designed, constructed, conveyed, owned
and maintained in accordance with Collier County Ordinance
No. Sa-TS, as amended, and other applicable County rules and
regulations.
All customers connecting to the water dlatribution end
sewage collection facilities to be constructed will be
customers of the County and will be billed by the County in
accordance with the County's established rates. Should the
County no~ be In a position to provide water and/or sewer
service to the project, the water and/or sawae customsr~
shall be customers of the Interim utility established to
serve the project until the County's off-sits vfater and/or
sewer facilities ara available to serve the project.
10.
It is anticipated that the County Utilities Division will
ultimately supply potable water to meet the consumptive
demand and/or receive and treat the sewage generated by thio
project. Should the County lyetem not be In a position to
supply potable water to the project and/or receive the
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· project's wastewater ·t the time dev.elopment c~,mence·, the
D~veloper, ·t his expense will inst~ll ·nd operate' Interim
water supply and on-site treatment facilities and/or Interim
on-site sewacje treatment and disposal facilities adequate to
meat all requirements of the ·pproprlate regulatory
agencies. An a9reement shall be entered into between the
County and the Developer, binding on the developer,
· sslgns or successors, regarding ·ny Interim ~reetment
facilities to be utilized. The agreement must be legally
· ufficlent to the County, prior to the approval of
construction documents f~r the project, and be in
conformance with the requirements of Collier County
Ordin·nc· No. 88-76, ·· amended.
11.
12.
If ·n Interim on-site wstar eupplyo tra·tment and
transmission facility is utilized to serve the project, it
must be properly sized to ·upply average peak day domestic
demand, in addition to fir· flow dam·nd ·t · rate approved
by the appropriate Fire Control Distrlct ser~icing the
project ·rea.
The utliity construction documents for the project's
· awsrege system shall be prep·red to contain the design ·nd
construction of the on-site force main which will ultimately
connect the project to the future central sewerage
facilities of the District in the Imn~ok.alee Road rights-o¢-
way. The force main must be extended from the'main on-site
pump atatlon to the wast right-of-way line of Immokales Reed
and capped. It must be Interconnected to the pump etatlon
with appropriately located valves te permit for aimpla
redirection of the project's sewage when connection to the
County's central sewer facilities becomes available.
13.
The developer shall provide appropriate left and/or right
turn lanes on Immokalee end Llvlngston Roads et the project
entrances. Construction of these lanes shall be coordinated
with planned roadway construction projects on these roads.
The developer shall provlde arterial level street lighting
at project entrances.
15.
The developer shall provide S0 feet of additional road
right-of-way along the south aide of Immokalae Read and
shall retain the existing 30 foot road easement along the
weat boundary of the project.
16,
Approval of' project entrance locations at this time does not
Imply that median epening~ will be permitted upon the roue
lanlng of either road.
17
17.
All traffic control devices used, e~ludlng atreet name
slgns, shall comply with t~.e Manual on Unifoflfl Ti-~f'fic
Control Devices as required by Chapter 316.07~7, Florida
Statutes.
18.
The above Improvements are considered "sits related" as
defined in Ordlnance 85-88 and shall not be applied as
credits toward any Impact fees required by that ordinance.
They shall be in place before any certificates of occupancy
are Issued or at the time of access construction, whichever
occurs latest.
19.
Should development of Internal road access points with
Uvingston Road preceed the development of Uvlngston Road,
a temporary turn-around shall be provided that meets the
radlus requlrements of the North Naples Fire Control
District.
20.
Petitioner shall be subject to Ordinance 75-21 (or the
tree/vegetation removal ordinance in existence at the time
of permitting), requiring the acquisition of a tree removal
permit prior to any land clearing. A site clearing plan
shall be submitted to the Natbral Resources Management
Department for their review and subject to approval prlor to
any work on the site. This plan may be submitted in phases
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to coincide with the development, schedule. The site
clearlncj plan shall clearly depict how the final sits layout
Incorporates retained native vegetation to the maximum
extant possible and how roads, buildings, lakes, parking
lot.s, and other facilities have been oriented to accommodate
this goal.
21.
Native species shall be utilized, es described below, in the
·
site landscaping plan. A landscape plan for nil 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 thelr 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 thslr mlx with other
species, if any. The goal of sits landscaping shall be the
re-creation of native vegetation and habitat c~aracterJstics
lost on the site during construction, or. due to past
activities.
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22.
23.
All exotic plan~, as defined in tho County Coda~ shall be
removed during each phase o~ construction from development
stoas, open space areas, and preserve areas. Followlng sloe
development, a maintenance p~jram shall be Implemented to
prevent relnvasion of the sloe by such exotic species. This
plan, which will describe control techniques and inspection
Intervals, shall be filed with and subject to approval by
the Natural Resources Management Department and the
Community Development Dlvislon.
If, during tho course of 3Its clearing, excavation, or other
constructional actlvitle~, an archaeological or historical
site, artifact, or other indlcetor is discovered, all
development at that Iocetlon shell be Immediately stopped
end the Natural Resources Management Department notified.
Development will be suspended for a sufficient length of
time to enable the Natural Resources Management Department
or a designated consultant to asse~a the find and determine
the proper course of action In regard to Its ealvageabillty.
The Natural Resources Management Department will respond to
any such notification in a timely end efficient manner so as
to provide only a minimal Interruption to any constructional
actlvltles.
2O
,00, 037,a 63
2S.
A native, existing vegetated (or native species
supplenented) buffer zone shall be provided around the
entire sita. The buffer zone shall be · minimum of ten 110!
feet wide where feasible.
All Jurisdictional wetlands and preservation areas shall be
flagged by the petitioner prior to any construction. These
areas shall be field approved by Collier County Planning
Services Envlronmentl Review staff. Areas shall not be
altered or modified, with the exception of exotic vegetation
removal, from the natural state unless otherwise stipulated
in an approved mitigation plan.
26.
27.
Prior to development activities, wetlands, preservation
areas, buffer zones, natural vegetationllandscape areas or
other area designated protected during the site plan review
process shall be clearly marked by suitable barriers or
visual markers no closer than six feet from such areas.
To provide maximum preservation of trees and wildlife
habitat value, existing native vegetation shall be used in
landscaping. Existing cjusters of trees and/or shrubs shall
be used to the maximum extent possible as landscape Islands
in areas where they are prevalent and within the buffer
zone. ..
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Lake creation shall be subject to the following:
e,
Control of squatlc vegetation shall be done n~nually in
littoral zones, as required, to provlde and eflharlce
long term community diversity of native specles end
ensure against more opportunistic species out competing
desirable ones. Minimal chemicals shall be used for
aquatic weed control elsewhere.
be
The constructed lake shall maintain a littoral zone
around the lakes with typical native aquatic vegetation
relocated from on site endlor propagated by commercial
sources. A littoral zone will be designed in
accordance with Water Management District and U.S. Army
Corps of Engineers permit specifications.
Wlthln the area between the mulberry hammock and the lake's
southeastern edge an additional sawgrass littoral
preservation area shall be establlshed by preserving and
maintaining native habitat.
Department of Environmental Regulation and (ACOE) shall be
consulted by the petitioner prior to site development
concerning jurisdictional wetlands·
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131.
If intanalty of use decreases, add}t.~onml viable, native
vegetation ahall be retained or Incorporated into the
landscape plan
Exotic =pecles removal in the mulberry hammock preserve area
ahall be done manually to Irvoid disturbing the
archaeological resources after notification of the Southwest
Florida Archaeologlcal Society.
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~'STATE OF FLORIDA
COUNTYOF COLLIER )
I, JAMES C. GILES, Clerk of Courte in and for the
~ .:~Twent~eth ~udicia! Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-76
which wae adopted by the Board of County Commieelonere on the
~4th day of November, 1989, during Regular Session.
!,..~day of November, 1989.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, th~s 17th
JAMES C. GILES '~.
Clerk o~ Courte and Clerk ,~%~$ ~,.
Ex-officio to Board of ..).~ .....
County Co~iesloners '- '.°~
Deputy Clerk