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Ordinance 2022-40 ORDINANCE NO. 2022 -4 0 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 THE RURAL AGRICULTURAL (A) ZONING DISTRICT AND PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS WATERFORD ESTATES PUD TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SANTA BARBARA - WHITAKER RPUD, TO ALLOW CONSTRUCTION OF UP TO 216 MULTI- FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING AGREEMENT ON PROPERTY LOCATED AT THE NORTHEAST AND SOUTHEAST CORNERS OF THE INTERSECTION OF SANTA BARBARA BOULEVARD AND WHITAKER ROAD, IN SECTIONS 9 AND 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, CONSISTING OF 21.57± ACRES; PROVIDING FOR REPEAL OF ORDINANCE NUMBER 91-31, THE WATERFORD ESTATES PLANNED UNIT DEVELOPMENT; AND BY PROVIDING AN EFFECTIVE DATE. [PL202100031551 WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, PA, representing Greystar Development East, LLC, 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 Sections 9 and 16, Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) Zoning District and Planned Unit Development (PUD) Zoning District known as Waterford Estates PUD to a Residential Planned Unit Development (RPUD) for a 21.57± acre [22-CPS-02190/1745094/1]128 Santa Barbara-Whitaker/PL20210003155 Page I of 2 9/19/22 project to be known as Santa Barbara— Whitaker RPUD, to allow construction of a maximum of 216 multi-family 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: Ordinance Number 91-31 which created the Waterford Estates Planned Unit Development is hereby repealed in its entirety. SECTION THREE: 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 a 514' day of 0 CA)la a' 2022. ATTEST: :. BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL;CLERK COLLIER r CO ' _ •RIDA s , By: By: Attest a:,it, �ilu,futa ; Deputy Clerk W. iam L. McDaniel, Jr., Chairman Slg{l ll($Qt TVs ordinance flied wit the Approved as to form and legality: Sectary of Stol�ee's jOffl .day of OGr" 7 and acknowledgement of that �� fi[ins t cuived this 1_1 day jJ/1 of Heidi F. Ashton-Cicko By Managing Assistant County Attorney °i""'ft."` 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 [22-CPS-02190/1745094/11128 Santa Barbara-Whitaker/PL20210003155 Page 2 of 2 9/19/22 EXHIBIT A SANTA BARBARA- WHITAKER RPUD PERMITTED USES 1. MAXIMUM DWELLING UNITS A. The maximum number of dwelling units shall be two hundred sixteen (216). 2. RESIDENTIAL/TRACT R No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: A. Principal Uses: 1. Multi-family dwelling units; and 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 (HEX), as applicable, by the process outlined in the Land Development Code (LDC). B. Accessory Uses: l. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as a clubhouse, gazebos, and swimming pools; and 2. Temporary construction and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas, and related uses, subject to the procedures for a temporary use permit provided in LDC Section 5.04.01. 3. PRESERVE/TRACT P 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: A. Principal Uses: 1. Preservation of native habitat. B. Accessory Uses: Page 1 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx l. Passive recreational uses; 2. Stormwater management structures and facilities; 3. Pervious and impervious pathways and boardwalks, consistent with the LDC; 4. Benches for seating; and 5. Conservation-related and recreational activities as allowed by the LDC. Page 2 of 9 H:\202I\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx EXHIBIT B SANTA BARBARA-WHITAKER RPUD The table below sets forth the development standards for land uses within the Santa Barbara - Whitaker RPUD. 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 or Subdivision Plat. PERIMTER RPUD SETBACK: The perimeter RPUD setback shall be, at a minimum, equal to the required width of perimeter landscape buffers, but no less than 10 feet. DEVELOPMENT STANDARDS TABLE DEVELOPMENT STANDARDS MULTI-FAMILY CLUBHOUSE/ DWELLINGS RECREATION (Tract R) BUILDINGS Principal Structures MIN. LOT AREA 43,560 S.F. N/A MIN. LOT WIDTH 150 ft. N/A MIN. FLOOR AREA 600 S.F. N/A MIN. FRONT YARD—SUNSET 85 ft. 85 ft. BLVD. MIN. FRONT YARD— 85 ft. 85 ft. WHITAKER ROAD MIN. FRONT YARD—SANTA 25 ft.1 25 ft.' BARBARA BLVD. MIN. SIDE YARD 10 ft. 10 ft. MIN. REAR YARD 10 ft. 10 ft. MIN. LAKE SETBACK2 0 ft. 0 ft. MIN. PRESERVE SETBACK 25 ft. 25 ft. MIN. DISTANCE BETWEEN GREATER OF 15 ft. or GREATER OF 15 ft. or STRUCTURES '/2 BH '/2 BH MAX. HEIGHT ZONED 3 STORIES NTE 45 ft. 30 ft. MAX. HEIGHT ACTUAL 52 ft. 35 ft. Accessory Structures MIN. FRONT YARD—SUNSET 20 ft. 20 ft. BLVD. MIN. FRONT YARD— 10 ft. 10 ft. WHITAKER ROAD MIN. FRONT YARD—SANTA SPS SPS BARBARA BLVD. MIN. SIDE YARD SPS SPS MIN. REAR YARD 5 ft. 5 ft. MIN. LAKE SETBACK' SPS SPS MIN. PRESERVE SETBACK 10 ft. 10 ft. MAX. HEIGHT ZONED/ACTUAL 25 ft. 25 ft. SPS=same as principal structures;NTE=not to exceed;S.F.=square feet;BH=building height;N/A=not applicable ' The 25 ft. setback may be reduced to 20 ft. in the location depicted in the PUD Master Plan. 2 Measured to the lake maintenance easement. Page 3 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003I55)(9-16-2022).docx ZONING 0 Oil AGRICULTURAL RI NJ M 0 . . . . . . . . . . . . . . , . . . . . . . . . . • „ . . . . . . . „. I !1 1 i1;;RFI. 1 rD1' .••.,•.•.•,•.•.•.•.•.•.•.•.•.•.•.•," • . •.•.•,•.•,•.•,•.•.•,•.•,•. , , . , „ . . , „ , . , , • . , . . •.•,•.•,•,•,.,•,•,•,•.•,•,• . , . . , „ . . . , . , . • „ . m k.1 i1.ik ,.....,...,...,.,.,.,.,...,.,.,.,., . ,.:...,,,.,...,.,.,.,.,.,.• t p,!,6 ;•-•,',';ET z i i i :.:.:.:.:•:.:•:•:.:4:•:.:•.••:•:•:•:•.i•-•-•.....•.•.•.•...•.•.•.•.•.•.• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . co ia. n , Ri 11 I. 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" '' '' '''•''" ' —""' Page 4 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara-Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx EXHIBIT D SANTA BARBARA- WHITAKER RPUD LEGAL DESCRIPTION PARCEL 1: THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT PARCEL 118, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 2: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND THE EAST THIRTY (30) FEET THEREOF RESERVED FOR ROAD RIGHT-OF-WAY. PARCEL 3: THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND LESS PARCEL 116, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF AND LESS PARCEL 114, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 4: THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET AND THE EAST THIRTY (30) FEET THEREOF RESERVED FOR ROAD RIGHT-OF-WAY. Page 5 of 9 H:\2021\2021 162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx EXHIBIT E SANTA BARBARA- WHITAKER RPUD LIST OF DEVIATIONS Deviation 1 (Preservation Standards) requests relief from LDC Section 3.05.07.A.5, Preservation Standards, which requires that preservation areas shall be interconnected within the site, to allow preservation areas that are not interconnected as shown on the Master Concept Plan. Page 6 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx EXHIBIT F SANTA BARBARA- WHITAKER RPUD LIST OF DEVELOPER COMMITMENTS The purpose of this section is to set forth the development commitments for the development of this project. 1. GENERAL A. One entity(hereinafter the Managing Entity)shall be responsible for RPUD monitoring until close-out of the RPUD, and this entity shall also be responsible for satisfying all RPUD commitments until close-out of the RPUD. At the time of this RPUD approval, the Managing Entity is Greystar Development East, LLC, 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, 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 the County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity, but the Managing Entity will not be relieved of its responsibility under this Section. When the RPUD is closed out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of RPUD commitments. B. 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 of 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. (Section 125.022, FS) C. All other applicable state or federal permits must be obtained before commencement of the development. 2. TRANSPORTATION A. The maximum total daily trip generation for the RPUD shall not exceed 113 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. 3. ENVIRONMENTAL A. The Santa Barbara - Whitaker RPUD Master Plan provides ±15.94 acres of existing native vegetation. The minimum required native preservation is ±3.99 acres (25% of Page 7 of 9 H:\2021\2021162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx ±15.94 acres of existing native vegetation). The Master Plan preserves 7.03 acres of native vegetation on site within Tract P. B. 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 requirements of a Type `D' buffer along the western boundary and a Type 'A' buffer along the northern and southern boundaries of the RPUD; a 6-foot-wide landscape buffer reservation located outside of the preserve will be conveyed by owner to a homeowner's association or condominium association at time of SDP or plat approval. 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. C. A listed species management plan will be provided for the project at the time of development approval. The management plan will address how listed species will be protected, including the listed plant species observed within the development footprint and proposed preserve areas. The plan will also address black bear(Ursus Americanus Floridanus) management and will include the informational brochure created by the Florida Fish and Wildlife Conservation Commission (FWCC) and title "A Guide to Living in Bear Country"which provides background information on the identification, habits, and protection of the Florida black bear and will be distributed to future residents and construction/maintenance personnel. The brochure educates the public about the Florida black bear and how to discourage bears around homes. The brochure also provides FWCC contact information for residents who may experience bear problems. The project will utilize bear-proof dumpsters. 4. AFFORDABLE HOUSING A. As documented in the Affordable Housing Density Bonus Agreement, the developers have agreed to construct 43 rental units for residents in or below the low income category(80 percent or less of County median income). These units will be committed for a period of 30 years from the date of issuance of certificate of occupancy of the first unit. Income and rent limits may be adjusted annually based on combined income and rent limit table published by the Florida Housing Finance Corporation or as otherwise provided by Collier County. B. As part of the annual PUD monitoring report, the developer will include an annual report that provides the progress and monitoring of occupancy of the income restricted units, including rent data for rented units, in a format approved by Collier County Community and Human Services Division. Developer agrees to annual on-site monitoring by the County. Page 8 of 9 H:\2021\2021 162\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx 5. UTILITIES A. In accordance with Subsection 2.2.2 of the Design Criteria (Section 1 of the Utilities Standards Manual)established by Ordinance 04-31,as amended,the Owner will extend an 8" (min.) water main along the south side of Whitaker Road, between Sunset Boulevard and Santa Barbara Boulevard. Where an existing water main is not available for connection, a stub-out will be provided in accordance with the latest version of standard detail drawing W-1 in the Collier County Water-Sewer District Utilities Standards Manual. The water main will be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance (04-31, as amended) at no cost to the County or District prior to or concurrent with final acceptance of utilities. 6. EMERGENCY MANAGEMENT A. The developer shall provide, prior to issuance of a certificate of occupancy for the development, a new, quiet-running extended run-time towable 45kw (minimum-kw) generator per Emergency Management's specifications. The towable generation will be a one-time developer contribution based on the number of units permitted at time of SDP to meet the hurricane mitigation impact for evacuation concerns. The generator specifications must be pre-approved by the Department of Emergency Management as the County has certain interoperable standards and required safety options. Page 9 of 9 H:\2021\2021 I62\WP\PUDZ\Post CCPC\Santa Barbara—Whitaker RPUD Document(PL-20210003155)(9-16-2022).docx .,4100 FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 28, 2022 Martha S. Vergara, BMR & VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 ' Dear Martha Vergara, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2022-040, which was filed in this office on October 28, 2022. If you have any questions or need further assistance, please contact me at (850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270