Ordinance 2008-28
ORDINANCE NO. 08 - ~
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 A RURAL
AGRICULTURAL ZONING DISTRICT WITH A
MOBILE HOME OVERLAY (A-MHO) TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) TO BE KNOWN AS ESPERANZA PLACE
RPUD, FOR PROPERTY LOCATED IN SECTION
32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF
31.6+/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Heidi K. Williams, AICP, of Q. Grady Minor and Associates, P.A.,
representing Florida Non-Profit Services, Inc., and The Empowerment Alliance of Southwest
Florida Community Development Corporation, 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 Section 32 :
." .~
Township 46 South, Range 29 East, Collier County, Florida, is changed from a. Rural~
Agricultural Zoning District with a Mobile Home Overlay (A-MHO) to a Residential.
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Planned Unit Development (RPUD), in accordance with Exhibits A through F attached:
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Page I of2
hereto and incorporated herein and by reference made part hereof. The appropriate zoning
atlas map or maps, as described in Ordinance 2004-41, as amended, 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.
PASSED AND DULY ADOPTED by a supermf\jority vote of the Board of County
Commissioners of Collier County, Florida, this I Di-~ day of ::5U I\.L
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
.~r"~hC
: Attest as, t,oCrIe I r"'ID4n I, Deputy Clerk
"! 1 QfI~~~t\."onT~i
," "~pp,:o~~:iI\ll.~<'>.form
. . a~d lQgallltJfflclency:
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, RIDA
By:
-~
Marjori . Student-Stirling
Assistant County Attorney
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Permitted Uses
Development Standards
Master Plan
Legal Description
List of Request Deviations from LDC
List of Developer Commitments
This ordincn:e hi"'<:: wj;'h th:::
Sl~ary of State's Office the
-,~- day of ..:l1u!..~, ~~
and acknow'edgem~lJhat
fdi"2..!.eceived this ~ay
Of_~~-u~~
Deputy CJ~rlt
Page 2 of2
Esperanza Place Residential Planned Unit Development
Exhibit A
The Esperanza Place RPUD is a total of 31.63 +/- acres that will be developed with up to 262
dwelling units. This amounts to a gross density of 8.28+/- units per acre. The base density is 4
units per acre and the affordable housing density bonus is used to make up the difference.
1. Tract A:
Tract A of the Esperanza Place RPUD is approximately 15.83010 acres, which are to be
developed with up to 176 dwelling units and related accessory uses.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
I. Principal Uses
a. Multi-family dwelling units;
b. Zero-lot line units, including townhomes;
c. Community center;
d. Any other use that is comparable in nature with the foregoing list of permitted
principal uses, as determined by the Board of Zoning Appeals (BZA) according to
the process described in the Land Development Code (LDC).
2. Accessory Uses
a. Garages;
b. Carports;
c. Recreation facilities, including but not limited to, swimming pools, tennis courts,
playground equipment or other amenity;
d. Essential services, in accordance with Section 2.01.03 of the LDC;
e. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
B. Development Standards
Table I and Table 1.1, contained in Exhibit B, set forth the development standards for
land uses within Tract A of the Esperanza Place RPUD. Standards not specifically set
forth herein shall be those specified in applicable sections of the LDC in effect as of the
date of the date of approval of the site development plan (SDP) or subdivision plat.
~
Esperanza Place RPUD Document, 5-27-2008 per CAO Page I of It
11. Tract B:
Tract B of the Esperanza Place RPUD is approximately 13.8010 acres, which are to be
developed with up to 85 dwelling units and related accessory uses.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
1. Principal Uses
a. Single-family, detached dwelling units;
b. Single-family, attached dwelling units;
c. Any other use that is comparable in nature with the foregoing list of permitted
principal uses, as determined by the BZA according to the process described in
the LDC.
2. Accessory Uses
a. Garages;
b. Carports;
c. Essential services, in accordance with Section 2.01.03 of the LDC;
d. Community clubhouse;
e. Recreation facilities, including but not limited to, swimming pools, tennis courts,
playground equipment or other amenity;
f. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
B. Development Standards
Table I and Table 1.1, contained in Exhibit B, set forth the development standards for
land uses within Tract B of the Esperanza Place RPUD. Standards not specifically set
forth herein shall be those specified in applicable sections of the LDC in effect as of the
date of the date of approval of the SDP or subdivision plat.
III. Tract C
Tract C of the Esperanza Place RPUD is approximately 2.0010 acres, which are to be
developed with up to I single-family dwelling unit and related accessory uses.
A. Permitted Uses
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
1. Principal Uses
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Esperanza Place RPUD Document, 5-27~2008 per CAO Page 2 of II
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a. Single-family dwelling unit
2. Accessory Uses
a. Garages;
b. Carports;
c. Storage sheds;
d. Recreation facilities, including but not limited to, swimming pools, tennis courts,
playground equipment or other amenity;
e. Essential services, in accordance with Section 2.01.03 of the LDC;
f. Any other use that is comparable in nature with the foregoing list of permitted
uses, as determined by the BZA according to the process described in the LDC.
B. Development Standards
Table I and Table 1.1, contained in Exhibit B, set forth the development standards for
land uses within Tract C of the Esperanza Place RPUD. Standards not specifically set
forth herein shall be those specified in applicable sections of the LDc in effect as of the
date of the date of approval of the SDP or subdivision plat.
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,
Esperanza Place RPUD Document, 5-27-2008 per CAO Page 3 of II
Exhibit B
Development of the Esperanza Place RPUD shall be in accordance with the contents of this
Ordinance and applicable sections of the LDc and Growth Management Plan (GMP) in effect at
the time of issuance of any development order, such as, but not limited to, final subdivision plat,
final site development plan, excavation permit and preliminary work authorization, to which
such regulations relate. Where these regulations fail to provide developmental standards, then
the provisions of the most similar district in the LDC shall apply.
Table I - Principal Structures
Tracts A, B & C Development Standards
SINGLE- ZERO-LOT COMMUNITY
SINGLE- FAMILY, LINE, ..
DEVELOPMENT FAMILY, ATTACHED MUL TI- TOWNHOMES CENTER!
STANDARDS F AMIL Y RECREATION
DETACHED AND (TRACT A BUILDINGS
DUPLEX ONLY)
Minimum Lot 5,000 s.f. per 3,500 s.f. per nla 1,200 s.f. per nla
Area unit unit unit
Minimum Lot 50 feet 35 feet nla 15 feet nla
Width
Minimum Floor 1,000 s.f. 750 s.f. 750 s.f. 750 s.f. nla
Area
Minimum
Setbacks:
Front (see Note 2) 20 feet 20 feet 20 feet 20 feet 20 feet
Side 7.5 feet o feet and 6 1 0 feet o feet or 6 feet 10 feet
feet
Rear 15 feet 15 feet 15 feet 15 feet 15 feet
Minimum Greater
Distance Between 15 feet 12 feet than 20 12 feet 10 feet
Structures feet
Maximum 35 feet 35 feet 45 feet 45 feet 45 feet
"Zoned" Height
Maximum 40 feet 40 feet 50 feet 50 feet 50 feet
"Actual" Hei ht
I) Principal structures located on comer lots may reduce one of the two front setbacks by 50 percent. The
remaining setback must meet the full front setback standard.
2) Driveways shall be a minimum of23 feet in length from the sidewalk to the garage door or fa,ade ofthe
structure to allow vehicles room to park without obstructing the sidewalk.
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Esperanza Place RPUD Document, 5.27.2008 per CAO Page 4 of II
Table 1.1 - Accessory Structures
Tracts A, B & C Development Standards
Minimum
Setbacks:
Front (see Note I) 20 feet 20 feet 20 feet 20 feet 10 feet
Side 5 feet 5 feet 5 feet 5 feet 5 feet
Rear 5 feet 5 feet 5 feet 5 feet 5 feet
Maximum 35 feet 35 feet 35 feet 35 feet 35 feet
"Zoned" Hei ht
Maximum 40 feet 40 feet 40 feet 40 feet 40 feet
"Actual" Hei ht
1) Driveways shall be a minimum of 23 feet in length from the sidewalk to the garage door or fa~ade of the
structure to allow vehicles room to park without obstructing the sidewalk.
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Esperanza Place RPUD Document, 5-27-2008 per CAO Page 5 of II
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Exhibit D
Legal Description
PARCEL 1
OR 4242 PG 2471
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 264.70 FEET OF THE EAST 1058.10 FEET OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4, OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, LESS THE SOUTH 30.00 FEET THEREOF FOR ROAD RIGHT-OF-WAY.
CONTAINING 7.90 ACRES, PLUS OR MINUS.
TOGETHER WITH
PARCEL 2
OR 4242 PG 2470
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE P ARTlCULARL Y DESCRIBED AS FOLLOWS:
THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 32, TOWNSHIP 46 SOUTH,
RANGE 29 EAST, ALL LYING AND BEING IN COLLIER COUNTY, FLORIDA, LESS AND
EXCEPT THE EAST 1,058.80 FEET THEROF AND THE SOUTH 30.00 FEET FOR ROAD RIGHT
OF WAY, CONTAINING 7.92 ACRES, MORE OR LESS.
TOGETHER WITH
PARCEL 3
OR 1596 PG 43
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 264.70 FEET OF THE EAST 794.10 FEET OF THE SOUTHEAST 1/4 OF THE
SOUTHWEST 1/4, OF SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, LESS THE SOUTH 30.00 FEET THEREOF FOR ROAD RIGHT-OF-WAY.
CONTAINING 7.90 ACRES, PLUS OR MINUS.
TOGETHER WITH
PARCEL 4
OR 1007 PG 1558
THE WEST 264.70' OF THE EAST 529.40' OF THE SE 1/4 OF THE SW 1/4 OF SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST ALL LYING AND BEING IN COLLIER COUNTY,
FLORIDA, LESS THE SOUTH 30.00' FOR ROAD R/W, CONTAINING 7.90 ACRES, MORE OR
LESS.
BEING MORE PARTICULARLY DESCRIBED AS:
A PARCEL OF LAND LOCATED IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, BEING MORE P ARTICULARL Y DESCRIBED AS FOLLOWS:
\'\\"~
Esperanza Place RPUD Document, 5.27-2008 per CAO Page 7 of 11
~4Y
COMMENCE AT THE SOUTHWEST CORNER Of SECTION 32, TOWNSHIP 46 SOUTH, RANGE
29 EAST THENCE RUN NORTH 89015'36" EAST ALONG THE SOUTH LINE OF SAID SECTION
32, ALSO BEING THE CENTERLINE Of IMMOKALEE ROAD (60' RIGHT-Of-WAY), FOR A
DISTANCE OF 1323.92 FEET; THENCE RUN NORTH 00044'24" WEST FOR A DISTANCE OF
30.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED,
THE SAME BEING A POINT ON THE NORTHERLY RIGHT -OF- WAY LINE OF IMMOKALEE
DRIVE; THENCE RUN NORTH 00051'21" WEST ALONG THE WEST LINE Of THE SOUTHEAST
1/4 OF THE SOUTHWEST 1/4 OF SAID SECTION 32, FOR A DISTANCE OF 1,299.83 FEET;
THENCE RUN NORTH 89016'27" EAST, FOR A DISTANCE OF 1,060.74 FEET; THENCE RUN
SOUTH 00047'35" EAST, FOR A DISTANCE OF 1299.57 FEET TO A POINT ON THE SAID
NORTHERLY RIGHT-OF-WAY LINE OF IMMOKALEE DRIVE; THENCE RUN SOUTH 89015'35"
WEST ALONG SAID RIGHT -OF- WAY LINE, FOR A DISTANCE OF 1059.31 FEET TO THE POINT
OF BEGINNING, CONTAINING 31.63 ACRES, MORE OR LESS.
Esperanza Place RPUD Document, 5~27.2008 per CAO Page 8 of II
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Exhibit E
Deviations from the Land Development Code
1. A deviation from Section 5.05.08 of the LDc which requires non-residential components
of any PUD to meet architectural design standards to allow the non-residential
component of Tract A to be exempt from these standards.
2. A deviation from Section 3.05.07 of the LDc which requires on-site preservation of 25
percent of the native vegetation on the site to allow off-site preservation or payment
toward the Conservation Collier Trust Fund, in accordance with Commitment II1.B,
described in Exhibit F of this RPUD.
Esperanza Place RPUD Document, 5-27-2008 per CAO Page 9 of 11
Exhibit F
List of Developer Commitments
I. Affordable Housing:
A. As documented in the Affordable Housing Density Bonus Agreement, the developers
have agreed to construct 60 owner-occupied dwelling units for residents in or below the
workforce income category (61-80 percent of County median income) and 176 rental
units for residents in or below the low income category (51-60 percent of County median
income).
II. Transportation:
A. If any entrance is to be gated, the face of said gate shall be located to maintain no less
than a 100-foot throat length to the northerly edge of the pavement at its intersection with
Immokalee Drive.
B. The developers shall pay a proportionate fair share contribution toward the cost of
construction of improvements to the intersection of S.R. 29 and Lake Trafford Road.
This contribution shall be made prior to the approval of the first site development plan
(SDP) or plans and plat (PPL), whichever occurs first.
C. Because the developers anticipate using public funding to construct internal roads, they
shall have the option of turning roads built in accordance with County construction
standards for local roads over to the County for maintenance.
III. Environmental:
A. A Florida Black Bear Management Plan shall be provided to the County Manager, or
designee, during SDP or plat review process.
B. The site currently contains 1.26010 acres of native vegetation (0.52+/- acres of upland and
0.73010 acres of wetland native vegetation onsite); a minimum of 25 percent, 0.32 acres,
must be preserved. For the 0.13 acre portion of the upland vegetation, the applicant will
donate an equivalent off-site preserve to be accepted by a public agency or contribute a
monetary payment to Conservation Collier equivalent to the average per-acre value found
in an appraisal of the entire site, multiplied by the number of acres to be preserved off-
site, plus 15 percent of that amount as an endowment for management of off-site land.
The appraisal shall be based on the fair market value of the land as if the desired zoning
were in place. Twenty-five percent of the 0.73 acre wetland native vegetation will be
preserved and appropriately managed off-site at an approved mitigation bank. All
preservation must be accomplished prior to SDP/PPL approval. This off-site preservation
may be utilized as part of the required off-site mitigation requirement of the Environment
Resource Permit.
.,,\\jJ'Y Esperanza Place RPUD Document, 5-27-2008 per CAO Page 10 of II
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C. The subject property was used for agricultural purposes and incurred clearing for which
no permit can be located. In order for the clearing activities to be considered legal and
re-creation of the removed vegetation not be required, an after-the-fact permit will be
issued for the clearing of approximately 23.6 acres prior to approval for the SDP or PPL
for relevant acreage. No after-the-fact clearing fee will be assessed against the
developers. The regular clearing fee shall apply.
Esperanza Place RPUD Document, 5~27-2008 per CAO Page 11 of II
17 C i
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, 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. 2008-28
Which was adopted by the Board of County Commissioners on
the lOth day of June 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th day
of June 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
(\ ~X::~~-
~: Teresa Polaski,....
Deputy Clerk" '
"
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