Ordinance 2021-31 ORDINANCE NO. 2021 - 31
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 AN
AGRICULTURAL (A) ZONING DISTRICT TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS
BLUE CORAL APARTMENTS RPUD, TO ALLOW
DEVELOPMENT OF UP TO 234 MULTI-FAMILY RENTAL
UNITS, OF WHICH 70 WILL BE RENT RESTRICTED AS
AFFORDABLE. THE SUBJECT PROPERTY IS LOCATED ON
THE SOUTH SIDE OF IMMOKALEE ROAD,
APPROXIMATELY 1000 FEET WEST OF JULIET
BOULEVARD, IN SECTION 30, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 9.35± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20190001600]
WHEREAS, CIG, LLC, petitioned the Board of County Commissioners of Collier
County, Florida, 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 30,
Township 48 South, Range 26 East, Collier County, Florida, is changed from Agricultural (A)
Zoning District to a Residential Planned Unit Development (RPUD) for a 9.35± acre project to
be known as Blue Coral Apartments RPUD, to allow 234 multi-family rental units, in accordance
with Exhibits A through F-1 attached hereto and incorporated by reference herein. The
appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended,
[20-CPS-01987/1635840/1] 170
Blue Coral Apartments/PL20190001600
09/28/21 Page 1
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 and on
the date that the Growth Management Plan Amendment in Ordinance No. 2021 -32 becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of p m�(- 2021.
111
ATTEST: BOARD O COUNTY COMMISSIONERS
CRYSTAL i KINZEL, CLERK COLLIE C TY, FLORID
By; ,, f _; '� L( QC . By:
. st a ' D ty Clerk Penny aylor, Chairman
Signr,'M on Y
Approved as�o f'o;rin and legality:
H idi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A- List of Permitted Uses
Exhibit B - Development and Design Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E - Deviations
Exhibit F - Development Commitments
Exhibit F-1- Buffer Exhibit
This ordinance filed with the
$e Atary of�t1 t t��tfic_e the
100'v D-day of
and acknowiedgeme t that
fili -ceived •is 0 day
of Wet h. Il41
[20-CPS-01987/1635840/1] 170 By
Blue Coral Apartments/PL20190001600 Gouty
09/28/21 Page 2
EXHIBIT"A"
Permitted Uses:
The Blue Coral Apartments shall be developed as a Residential use project, which will
include studio, one bedroom, two bedroom and three-bedroom apartments with a
density of 25 units per acre. The maximum unit total for this PUD shall be 234.
Regulations for development of this PUD shall be in accordance with the contents of this
document and all applicable sections of the Growth Management Plan (GMD), the Land
Development Code (LDC), and the AdministrativeCode in effect at the time of approval
of the first Site Development Plan (SDP) or plat. Where the PUD ordinance does not
provide development standards, then the provision of thespecific sections of the LDC
that are otherwise applicable shall apply.
Tract A
A. Principal Uses:
1. Preserve
B. Accessory Uses:
The only accessory uses allowed in the preserve area would be those permitted
under LDC sections 4.06.02,•4.06.05.E.I and 3.05.07.
Tract B
A. Principal Uses:
1. Multi-Family Rental Units
2.Any other principal use which is comparable in nature with the foregoing list
of permitted principal uses, as determined by Hearing Examiner or the Board of
Zoning Appeals (BZA) by the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal
uses and structures including, but not limited to:
1 . Parking garage limited to residents and their guests.
2. Leasing Center
3. Fitness Facility limited to residents and their guests.
4. Clubhouse limited to residents and their guests.
5. Pools/Hot Tubs limited to residents and their guests.
6. Uses and Structures that are accessory and incidental to the Multifamily
Residential use.
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EXHIBIT B
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the proposed
Blue Coral Apartments. Standards not specifically set forth within this application shall
be those specified in applicable sections of the LDC in effect as of the date of approval
of the SDP or Subdivision plat, consistent with RMF-16 zoning.
TABLE I
DEVELOPMENT STANDARDS
PRINCIPAL USES ACCESSORY USES
MINIMUM LOT AREA 43,560 Sq. Ft. N/A
MINIMUM LOT WIDTH 150 Ft. NIA
MINIMUM YARDS (External)*
From North 150 Ft. SPS
From South 150 Ft. SPS
From West 80 Ft. SPS
From East 25 Ft. SPS
MIN. DISTANCE BETWEEN 50% of the bldg. height, not SPS
STRUCTURES less than 15'
MAXIMUM HEIGHT* Zoned 50 Ft. Actual 50 Ft. Zoned 30 Ft. Actual 30 Ft.
MINIMUM FLOOR AREA Studio=450 sf
1 BR=600 sf
2+BR=750 sf
Preserve 25' 10'
*The proposed parking garage is considered an accessory use/structure whether it is attached or detached from
the principal structure. It will meet accessory use development standards above. If the parking garage is
constructed under the principal structure, the combined height may not exceed the actual height of 50 feet.
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Exhibit D
LEGAL DESCRIPTION (O.R. 5460, PAGE 32)
SECTION 30, TOWNSHIP 48-RANGE 26 W 1/2 OF EA OF NW% OF NW1%, LESS N 100 FT R/W
COLLIER COUNTY. FLORIDA.
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Exhibit"E"
No deviations are requested.
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EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
PURPOSE
The purposed of this Section is to set forth the development commitments for the
development of this project.
GENERAL
1. 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 PUDcommitments until close-out of the PUD. At the time of this PUD
approval, the Managing Entity is CIG Naples, LLC., or its assigns. 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 theCounty 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. Issuance of a development permit by a county does not in any way create any
rights onthe 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 federalagency or undertakes actions that result in a violation of state
or federal law." (Section 125.022, FS)
3. All other applicable state or federal permits must be obtained before
commencement ofthe development.
1 of 4
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4. The Master Plan, attached hereto as Exhibit C (Agnoli Barber& Brundage Project
No. 20-0003)is an illustrative preliminary development plan. The design elements
and layoutillustrated on the Master Plan shall be understood to be flexible, so that
the final design may satisfy the Developer's criteria and comply with all applicable
requirements of this Ordinance. Changes may be made in accordance with the
LDC.
TRANSPORTATION
1. The maximum vehicle trip generation for the PUD shall not exceed 100 two-way
PM peakhour net new external trips based on the use codes in the Institute of
Transportation Engineers Trip Generation Manual in effect at the time of
application for SDP or plat approval.
2. Access to the project will be via a shared access with the property to the east (currently
owned by JAZ Automotive Properties LLC) on the eastern property line of this project.
If the shared access split by the property line is not granted, a single access will be
provided on the subject property only. Developer shall not be required to provide
interconnection to the adjacent property to the west or adjacent properties
to the east, but commits to cooperating with said adjacent property owners,
if, at some time in the future, all of the above referenced adjacent property
owners request an interconnection to the subject property. Design, permitting
and construction of the shared access shall be at the time of the first SDP or Plat.
3. Access points shown on the PUD Master Plan are considered to be conceptual.
Nothing depicted on any such Master Plan shall vest any right of access at any
specific point along any property boundary. The number of access points
constructed may be less than the number depicted on the Master Plan; however,
no additional access points shall be considered unless a PUD amendment is
approved.
4. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to
adjacent developments shall be operated and maintained by an entity created by
the developer in accordance with the applicable regulations of the State of Florida.
Collier County shall have no responsibility for maintenance of any such facilities.
5. If any required turn lane improvement requires the use of any existing County
rights of way or easement(s), then compensating right-of-way shall be provided at
no cost to CollierCounty as a consequence of such improvement(s).
6. Fifteen (15) feet of the northernmost portion of the property just west of the
proposed shared access shall be dedicated to Collier County in the form of a road
easement in orderto accommodate a right-in eastbound turn lane. Owner shall
convey the fifteen (15) foot easement to Collier County at no cost to the County at
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the time of Site Development Plan approval, free and clear of all liens and
encumbrances.
ENVIRONMENTAL
1. The southernmost portion of the property shall have a designated preserve. The
area of thepreserve shall equate to 15% of the native vegetation on the site. Total
native vegetation on the site is 7.89 acres(Passarella &Associates, Inc, Project No.
20CJG3219). 7.89 acresx 15% =1 .18 acre preserve.
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. I
Supplemental plantings with native plant materials shall be in accordance with LDC
section 3.05.07.
3. Ten (10) feet of the southernmost portion of the southern twenty five (25) foot
principal setback from the preserve shall have no site alteration, placement of fill,
grading, plant alteration or removal or similar activity abutting the preserve.
WATER MANAGEMENT
1. Storm water shall not be discharged into the preserve area until it has been fully
treated inaccordance with Collier County and Water Management District
standards.
PUBLIC UTILITIES
1. The developer shall complete a minimum 8" water main loop between the adjacent
Eboli(AKA Bermuda Palms) and Germain Immokalee PUDs.The water main shall
connect the existing 8" water main serving Bermuda Palms to a future 8" water
main to be extended through Germain Immokalee from an existing 8" water main
stub-out at Useppa Way. Ifa point of connection at Germain Immokalee does not
exist at the time of project development, the water main shall be terminated at the
property line with an automatic water main flushing device, as shown in detail W-
2 of the Collier County Utilities Standards Manual, ordinance No. 2004-31. If a
connection to the existing 8" water main serving Bermuda Palms is deemed
infeasible by Collier County staff at the time of project development, the developer
shall instead connect to the existing 20" water main on the north side of
Immokalee Road. The water main will be conveyed to the Collier County Water-
Sewer District within a County Utility Easement (CUE) at least 15 feet in width, in
accordance with the Collier County Utilities Standards and Procedures
Ordinance, at no cost to the County or District, and free and clear of all liens and
encumbrances, prior to or concurrent with preliminary acceptance of utilities.
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AFFORDABLE HOUSING
1. Thirty percent (30%) of the total units (70 units) will be rented to Essential Services
Personnel ("ESP"). ESP means natural persons or families at least one of whom is
employed as police or fire personnel, a child care worker, a teacher or other education
personnel, health care personnel or a public employee. Any time that a unit becomes
vacant, assuming that less than 70 units are occupied by ESP, the next available unit
will be offered to ESP. In the event that no ESP rents the available unit within forty five
(45)days of advertisement of its availability, then the unit may be offered to the general
public (non-ESP) but shall be restricted to those incomes and rents identified in
paragraph 2. below. This commitment to ESP shall remain in effect for a period of time
that is 30 years from the date that the development receives its final certificate of
occupancy.
2. Notwithstanding paragraph 1 above, these seventy (70) units will be income and rent
restricted. Of those seventy units (70), thirty-five (35) of the units will be designated for
those households whose incomes are less than 80% of the AMI for Collier County and
thirty-five (35) of the units will be designated for households whose incomes are between
80% and 100% of the AMI for Collier County. These units will be committed for a period
of 30 years and AMI rent limit adjustments will be made on an annual basis according to
the most recent Collier County Board approved Table of Rental Rates for each income
category and the number of bedrooms in the unit.
LANDSCAPING
1. An enhanced 15' Type "B" Buffer will be provided along the western property
boundary, as depicted in Exhibit F-1. The buffer will contain a single row of canopy
trees, which shall be a minimum of twenty feet (20') in height at time of planting and
shall be spaced twenty-five feet (25') on center; a midstory of two clustered Dahoon
Holly trees offset between canopy trees, which shall be 12' in height at the time of
planting ,and spaced twenty-five feet on center; and a sixty inch (60") hedge with #10
shrubs spaced four feet (4') on center. The hedge shall be located a maximum of 10'
from the western property line.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
October 6, 2021
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-31, which was filed in this office on October 6,
2021.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270