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Ordinance 2023-44 ORDINANCE NO. 2023- 44 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REZONING AGRICULTURAL LAND IN IMMOKALEE TO ALLOW UP TO 250 HORIZONTAL MULTIFAMILY DWELLING UNITS, 170 OF WHICH WILL BE RENT RESTRICTED AS AFFORDABLE, AND A 250-STUDENT EARLY CHILDHOOD EDUCATION CENTER, BY AMENDING ORDINANCE NO. 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 WITH A MOBILE HOME OVERLAY (MHO), WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3 AND ST/W-4), AND AN AIRPORT OVERLAY, TO A MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) ZONING DISTRICT WITH WELLFIELD RISK MANAGEMENT SPECIAL TREATMENT OVERLAY ZONES W-3 AND W-4 (ST/W-3 AND ST/W-4) AND AN AIRPORT OVERLAY, TO BE KNOWN AS THE PFCF/NSV IMMOKALEE MPUD; ON 50± ACRES LOCATED NORTHEAST OF THE INTERSECTION OF WESTCLOX STREET AND CARSON ROAD IN IMMOKALEE, IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA; AND BY PROVIDING AN EFFECTIVE DATE. (PL20220004087) WHEREAS, Andrew VanValin, AICP, of the Pulte Family Charitable Foundation, Inc. and Richard D. Yovanovich, Esq., of Coleman, Yovanovich and Koester, P.A., representing Pulte Family Charitable Foundation, Inc., Barron Collier Partnership, LLLP, and Nuestra Senora de la Vivienda Community Foundation, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 29, Township 46 South, Range 29 East, Collier County, Florida is changed from a Rural Agricultural (A) Zoning District with a Mobile Home Overlay (MHO), Wellfield Risk Management Special [23-CPS-02299/1798394/1] 76 PFCF/NSV Immokalee MPUD Page 1 of 2 PL20220004087 9/11/2023 CAO Treatment Overlay Zones W-3 and W-4 (ST/W-3 and ST/W-4), and an Airport Overlay to a Mixed Use Planned Unit Development (MPUD) with Wellfield Risk Management Special Treatment Overlay Zones W-3 and W-4 (ST/W-3 and ST/W-4) and an Airport Overlay for a 50± acre parcel to be known as PFCF/NSV Immokalee MPUD 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Effective Date. 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 10th day of October 2023. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KIN7EL, CLERK COLLIER COUNTY, FLORIDA By. � t� By: ttest 8S tOialrFnariark Rick LoCastro, Chairman signature only. Appr d as to form and legality: Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards PA/4- Exhibit C—Master Plan ,t/ Exhibit D—Legal Description Derek D. Perry /b Exhibit E—Deviations Assistant County Attorney \'lr Exhibit F—Developer Commitments This :Ja'Ci !'!Qi'IC3 filed with }hil Secretary of .S.z5rie's day of NAP a ,. anci Car�%:ii0�'A ie 3,-,m1ti'i�t„off t�lt fiiii ci received this ., C4oy 5y strut Iv [23-CPS-02299/1798394/1] 76 PFCF/NSV Immokalee MPUD Page 2 of 2 PL20220004087 9/11/2023 C'�O EXHIBIT A PFCF/NSV IMMOKALEE MPUD PERMITTED USES The PFCF/NSV Immokalee MPUD is a total of 50.00 acres that will be developed with 250 horizontal multifamily dwelling units and a 250-student early childhood education center. This amounts to a gross residential density of 5 units per acre. Of the 250 units, 150 units will be dedicated as affordable rentals to households making up to 60% of the Area Median Income (AMI) and 20 units will be dedicated as affordable rentals to households making up to 80% of the AMI (see Exhibit F.1). Residential A. Principal Uses 1. 250 Horizontal Multifamily units, defined as follows: Horizontal Multifamily is defined as single-family housing units built within a single- development tract. Similar to typical multifamily, a Horizontal Multifamily project includes common infrastructure, parking, amenities, stormwater management system, and open space. Unlike traditional multifamily buildings, the units are not arranged with other units above or below. Horizontal Multifamily projects may include detached single- family units, attached single-family units (two units with a common wall) and townhouses (a group of three or more dwelling units attached to each other by a common wall or roof wherein each unit has direct exterior access and no unit is located above another. Horizontal Multifamily developments are not required to be platted and shall be reviewed through the Site Development Process (LDC Section 10.02.03). As is the case with typical multifamily, setbacks are applied from the developmental tract boundaries. The unit types in this MPUD are detached single-family units and townhouse units arranged as horizontal multifamily. 2. Any other principal use, which is comparable to the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner pursuant to the LDC. B. Accessory Uses 1. Passive open space uses and structures, including but not limited to landscaped areas, gazebos, park benches, and walking trails. 2. Walls, berms, fences, signs, gates, and access control structures. 3. Water Management facilities, such as a lake, to serve the project. 4. Uses and structures that are accessory and incidental to the Principal Uses permitted in this subsection. PFCF/NSV Immokalee MPUD (PL20220004087) May 8, 2023 Page 1 of 10 10 II. Residential Amenity Area A. Principal Uses 1. Clubhouses, community administrative facilities, including leasing and construction offices, and outdoor recreational facilities such as playgrounds, sport courts, pathways, gazebos, grilling areas, or viewing platforms intended to serve residents and guests. 2. Any other principal use, which is comparable to the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner pursuant to the LDC. B. Accessory Uses 1. Uses and structures that are accessory and incidental to the Principal Uses permitted in this subsection. III. Community Facility A. Principal Uses 1. Childcare Center, up to 250 students 2. Any other principal use, which is comparable to the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner pursuant to the LDC. B. Accessory Uses 1. Parks and playgrounds, indoor/outdoor recreation facilities, gymnasium, cafeterias, kitchens, and open space uses. 2. Parking Lot 3. Plazas, event lawns, community gardens, nature trails and similar outdoor areas. 4. Uses and structures that are accessory and incidental to the Principal Uses permitted in this subsection. IV. Preserve A. Allowable Uses 1. Mitigation for environmental permitting 2. Nature trails and boardwalks 3. Passive Recreation areas, as per LDC requirements. PFCF/NSV Immokalee MPUD (PL20220004087) May 8, 2023 Page 2 of 10 ,.r ��r EXHIBIT B PFCF/NSV IMMOKALEE MPUD DEVELOPMENT STANDARDS Principle Uses Detached Townhouse' Residential Community Single Family' Amenity Area Facility Minimum Lot Area N/A N/A N/A N/A Minimum Lot Width N/A N/A N/A N/A Minimum Floor Area Per Unit 1,100 square 900 square feet N/A N/A feet Minimum Setbacks(Internal) From Back of Sidewalk 8 feet 10 feet 5 feet 15 feet From Preserve 25 feet 25 feet 25 feet 25 feet From Water Management Lake 20 feet 20 feet 20 feet 20 feet (measured from control elevation) Minimum Distance 10 feet 10 feet 10 feet 10 feet Between Structures Minimum Setbacks(External) Western MPUD Boundary 25 feet 25 feet N/A 25 feet Southern MPUD Boundary 25 feet 25 feet N/A 25 feet Eastern MPUD Boundary 25 feet 25 feet N/A N/A Northern MPUD Boundary 25 feet 25 feet N/A N/A Maximum Building Height Zoned Height 25 feet 25 feet 30 feet 30 feet Actual Height 30 feet 30 feet 35 feet 40 feet Accessory Uses Detached Townhouse' Residential Community Single Family' Amenity Area Facility Minimum Setbacks(Internal) From Back of Sidewalk 5 feet 5 feet 5 feet 5 feet From Water Management Lake 20 feet 20 feet 20 feet 20 feet (measured from control elevation) From Preserve 25 feet 25 feet 25 feet 25 feet Minimum Distance 10 feet 10 feet 10 feet 10 feet Between Buildings Minimum Setbacks(External) Western MPUD Boundary 20 feet 20 feet N/A 20 feet Southern MPUD Boundary 20 feet 20 feet N/A 20 feet Eastern MPUD Boundary 20 feet 20 feet N/A N/A Northern MPUD Boundary 20 feet 20 feet N/A N/A Maximum Building Height Zoned Height 25 feet 25 feet 25 feet 25 feet Actual Height 30 feet 30 feet 30 feet 30 feet Footnotes: 1 These unit types fall under the Horizontal Multifamily category defined in Exhibit A,I.A.1. 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X in § § w ° ) 0 g§ _! 7 ) _1 \ y tz $ t ° I§/ § -I 0 < tea: I EXHIBIT D PFCF/NSV IMMOKALEE MPUD LEGAL DESCRIPTION A PARCEL OF LAND LYING IN SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA BEING DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SECTION 29, TOWNSHIP 46 SOUTH, RANGE 29 EAST THENCE NORTH 00°12'27" WEST ALONG THE WEST LINE OF SAID SECTION 29 FOR 51.65 FEET; THENCE NORTH 89°47'33" EAST DEPARTING SAID WEST LINE FOR 30.00 FEET TO THE NORTHWEST CORNER OF PARCEL 103 AS DESCRIBED IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 1742, PAGE 933, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, ALSO BEING A POINT ON THE EASTERLY RIGHT-OF-WAY OF CARSON ROAD AND THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE NORTH 00°12'27" WEST ALONG SAID EASTERLY RIGHT-OF-WAY LINE FOR 1,329.53 FEET TO AN INTERSECTION WITH THE NORTH LINE OF THE SOUTH QUARTER OF SAID SECTION 29; THENCE NORTH 89°26'31" EAST ALONG SAID NORTH LINE FOR 1,701.11 FEET; THENCE SOUTH 00°12'27" EAST DEPARTING SAID NORTH LINE FOR 1,158.59 FEET TO AN INTERSECTION WITH THE NORTH BOUNDARY OF SAID PARCEL 103; THENCE THE FOLLOWING TWO BEARINGS AND DISTANCES ALONG THE NORTH BOUNDARY OF SAID PARCEL 103: 1. WESTERLY 563.24 FEET ALONG THE ARC OF A NON-TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 1,712.95 FEET THROUGH A CENTRAL ANGLE OF 18°50'22" AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 77°21'45" WEST FOR 560.70 FEET; 2. SOUTH 86°46'56" WEST, FOR 1,155.11 FEET TO THE POINT OF BEGINNING OF THE PARCEL DESCRIBED HEREIN; CONTAINING 50.00 ACRES, MORE OR LESS. PFCF/NSV Immokalee MPUD (PL20220004087) May 8, 2023 Page 7 of 10 fi EXHIBIT E PFCF/NSV IMMOKALEE MPUD LIST OF REQUESTED LDC DEVIATIONS Deviation # 1 seeks relief from LDC Subsection 5.03.02.G.1.a., Supplemental Standards, which requires a "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 along the perimeter of the Community Facilities Parcel only. The 6-foot-high chain link fence shall not be located within the Type 'D' Buffer but may be screened by the required Type 'D' Buffer plantings along the external ROWs. If a double hedge row is required in the Type 'D' Buffers, the back row of the double hedge row shall be located within 5 feet of the fence and shall be installed and maintained at a height of no less than 60 inches. If a double hedge row is not required in the Type 'D' Buffer, a single hedge row shall be used to screen the fence and shall be installed and maintained at a height of no less than 60 inches. For any portion of the 6-foot-high chain link fence along an internal street, a single hedge row shall be planted in front of the fence facing the internal street and shall be installed and maintained at a height of 60 inches. PFCF/NSV Immokalee MPUD (PL20220004087) May 8, 2023 Page 8 of 10 EXHIBIT F PFCF/NSV IMMOKALEE PUD LIST OF DEVELOPMENT COMMITMENTS 1. Affordable Housing a. One hundred fifty (150) of the dwelling units will be rented to households whose incomes are up to and including 60% of the Area Median Income (AMI) for Collier County and twenty (20) of the dwelling units will be rented to households whose incomes are up to and including 80% of the AMI for Collier County and the corresponding rent limits. Each unit will be committed for a period of 30 years from the date of issuance of certificate of occupancy. 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, Nuestra Senora de la Vivienda Community Foundation, Inc, hereinafter 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. The Developer agrees to annual on-site monitoring by the County. c. The 25.94-acre RESIDENTIAL area as shown on the master plan was designated by Hogan Farms LLC, the developer of the Brightshore Village Stewardship Receiving Area (SRA) as the affordable housing Land Bank, per section 9.5.B 2.) of the Brightshore Village SRA Development Document (Resolution No. 2022- 209, and hereinafter the "SRA Development Document"). However, if not all 170 affordable units are built in the PUD, the developer of Brightshore Village SRA will continue to be obligated to provide the deficient number of units either within the boundaries of the SRA or offsite per section 9.5.B 2.) of the SRA Development Document. This commitment does not create any responsibilities for the Developer and/or Managing Entity of this PUD, or their successors and/or assigns, to fulfill any SRA Development Document obligations, and such SRA Development Document obligations shall not be construed to encumber or otherwise affect this PUD's property 2. PUD Monitoring a. One entity (herein after 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 the Nuestra Senora de la Vivienda PFCF/NSV Immokalee PUD (PL20220004087) May 3, 2023 Page 9 of 10 GPQ Community Foundation, Inc. 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 acknowledgment 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. 3. Miscellaneous a. Pursuant to Section 125.022(5) F.S., 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 violation of state or federal law. b. All other applicable state or federal permits must be obtained before commencement of the development. 4. Transportation a. The maximum total daily trip generation for the PUD shall not exceed 400 two- way PM peak hour net trips based on the used codes in the ITE Manual on trip generation rates in effect at the time of application for SDP approval. 5. 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. 6. Environmental a. The PUD shall be required to preserve 25% of native vegetation. Fifty acres of native vegetation exist on-site requiring a minimum preservation of 12.5 acres. A minimum of 12.5 acres of native vegetation will be retained on-site. b. Gopher Tortoise and Black Bear Management Plans will be submitted with SDP. PFCF/NSV Immokalee PUD (PL20220004087) May 3, 2023 Page 10 of 10 4 tU 1'J FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State October 13, 2023 Crystal K. Kinzel, Clerk of Court Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, FL 34112 Dear Ms. Kinzel, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2023-44, which was filed in this office on October 13, 2023. 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 Administrative Code and Register Director ACO/wlh R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270