Ordinance 96-04 ORDINANCE NO. 96- 4
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS
MAP NUMBER 791011; BY CHANGING THE ZONING
CLASSIFICATION OF THE }{EREIN DESCRIBED REAL~
PROPERTY FROM "A-MHO" TO "PUD" PLANNED UNIT~
DEVELOPMENT KNOWN AS GARDEN WALK VILLAGE PU~.,
FOR UP TO 204 MULTI-FAMILY AFFORDABLE DWELliNG
UNITS, LOCATED ON THE SOUTH SIDE OF S.R.
ACROSS FROM THE FARM WORKER'S VILLAGE IN
SECTION 11, TOWNSHIP 47 SOUTH, RANGE 29 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 17.~+
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Barbara H. C~wley, AICP, of Wilson, Miller,
Barton & Peek, Inc., representing Immokalee Housing
Partnership, Ltd., 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:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 11, Township 47 South, Range 29
East, Collier County, Florida, is changed from "A-MHO" to
"PUD" Planned Unit Development in accordance with the Garden
Walk Village PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas
Map Number 791011, as described in Ordinance Number 91-102,
the Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO~
This Ordinance shall become effective upon filing with
the Department of State.
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PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this 13th day of
Februac~ , 1996.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
. :.... ,.~. BY:
"~=:~APPROVED AS' 'TO FORM
AND LBGAL SUFFICIENCY
~STUDENT
ASSISTANT COUNTY ATTORNEY
PUD-95-13 ORDINANCE/16144
ThL~ ordlnnnee file ! with the
Secretory ,f S:~.~'s Office the
c~'~ ~,k:~wTcU~..~rcnl of that
By~~~
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GARDEN WALK VILLAGE
PLANNED UNIT DEVELOPMENT
174- Acres Located in Section I 1, Township 47 South,
Range 29, East, Collier County, Florida
PREPARED FOR:
IMMOKALEE HOUSING PARTNERSHIP, LTD.
2640 Golden Ga~'e Parkway
Suite 304
Naples, Florida 33942
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200
Naples, Florida 33942
November 1995
DATE FILED 11/21/95
DATE REVIEWED BY CCPC !/I 8~96
DATE APPROVED BY BCC
ORDINANCE NUMBER
01~M/96 - W437650002.B|iC
1-07654~430.PPUD
TABLE OFCONTENTS
PAGE
LIST OF TABLES AND EXHIBITS ii
STATEMENT OF COMPLIANCE iii
SECTION I LEGAL DESCRIPTION, PROPERTY
OWNERSHIP, &GENERAL DESCRIPTION 1-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III RESIDENTIAL LAND USE DISTRICT 3-I
SECTION IV DEVELOPMENT COMMITMENTS 4-1
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LIST OF EXHIBITS AND TABLES
Table I - Development Standards for "R" Residential
Exhibit A PUD Master Plan (Danny Powell Plan, SP-I)
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STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of Immokalee Housing Partnership, Ltd.
hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 17±
acres of !and located in Section il, Township 47, South, Range 29, East, Collier County Florida.
The name of this Planned Unit Development shall be Garden Walk Village, hereina~er called
"the Project". The development of the Project is in compliance with the goals, objectives and
policies of Collier County as set forth in the Growth Management Plan and the lmmokalee Area
Master Plan (lAMP). The Froject is consistent with other land development regulations adopted
thereunder, including but not limited to the Collier County Land Development Code (hereina~er
called the Code) for the following reasons:
i. The subject property is within the Neighborhood Center District (NC) as identified on the
Immokalee Future Land Use Map which encourages well planned, mixed used development
including residential uses in accordance with Objective II.l, Policy II.! .I.B.2. and Policy
lI. 1.9 of the IAMP.
2. The Project provides an innovative approach to providing affordable housing units which
will enhance both the environment and the visual aesthetics of the Immokalee area in
accordance with Objective II.3 of the lAMP. The multi-family residential use will be
buffered through the use of natural vegetation, open space, and design standards in
accordance with IAMP Policy II. 1.3.
3. In accordance with the Land Use Designation Description Section, 2. Neighborhood Center
District of the IAMP, the Project is compatible with the mix of neighborhood oriented uses
pen'nittcd in the District. The IAMP requires that residential uses make up to 50% of the
uses developed in the District
4. The proposed density of twelve units per gross acre for the Project, as specified in Section !.5
of this document, is permitted by the Land Use Designation Description Section, 2.e. of the
lAMP.
5. The Project will be encourage pedestrian actiyity to the adjacent land uses in accordance with
IAMP Objective II.4.
6. The development of the Project will provide an opportunity for residents in Immokalce to
procure safe, healthful, and affordable housing and the construction of the Project will further
Objectives III. 1 and Ill.4 of the IAMP which places a ten year timeframe on the County to
meet the affordable housing needs of low and very low households in Immokalec and to
reduce the time and cost of processing affordable housing applications for the Immokalee
area through public/private partnerships.
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7. The improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Collier County Growth Management Plan,
Future Land Use Element.
8. The development of the Project will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1.It and L of the Future Land Use
Element.
9. The Project is a functionally interrelated residential community and is planned to encourage
ingenuity, innovation and imagination as set forth in Section 2.2.20.1 of the Code, and Policy
5.6 of the Future Land Use Element.
SHORT TITLE
This ordinance shall be known and cited as the "GARDEN WALK VILLAGE PLANNED UNIT
DEVELOPMENT ORDINANCE."
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL DESCRIPTION
1.I PURPOSE
The purpose of this section is to set forth the legal description and ownership of the
Project, and to describe the existing ,'ondition of the property proposed to be developed.
1.2 LEGAL DESCRIPTION
All that part of Section 11, Township 47 South, Range 29 East, Collier County, Florida
being more particularly described as follows:
Commencing at the southeast comer of said Section 11:
thence along the south line of Section 11, South 89o25' 15" West 244.64 feet to a point on
the southwesterly right-of-way line of the Atlantic Coastline Railroad;
thence along said line, North 45° 12'10" West 281.00 feet to a point which lies 200.00
feet north of(as measured at right angles) the south line of said Section 11 and the Point
of Beginning of the parcel herein described;
thence leaving said line, and along a line which lies 200.00 feet north of and parallel
with the south line of said Section 11, South 89°25'15'' West 843.01 feet;
thence leaving said line, North 45° 12'10" West 942.83 feet;
thence North 44047'50'' East 600.00 feet to a point on the southwesterly right-of-way
line of the Atlantic Coast;
thence along said line, South 45°12' 1 C~" East 1535.00 feet to the Point of Beginning of
the parcel herein described;
Subject to easements and restrictions of record;
Bearings are based on the south line of Section 11, being South 89°25'15" West;
Containing 17.06 acres more or less.
(A.Trigo & Associates, Inc., Survey File No. C-95.0627).
1.3 PROPERTY OWNERSHIP
The subject property is owned by the Immokalee Housing Partnership Ltd., 2640
Golden Gate Parkway, Suite 304, Naples, Florida 33942.
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1.4 GENERAL DESCRIPTION OF PROPERTY
A. The Project site is located in Section 11, Township 47 South, Range 29 East in
Immokalee and is generally bordered on the east by State Road 29, and
agricultural lands to tile north, west, and souill. Farm Workers Village is located
directly across State Road 29.
B. The zoning classification of the subject property prior to the date of PUD approval
is A (Agriculture).
C. The soil types on site generally include Wabasso fine sand and Oldsmar fine sand.
D. Vegetation types consist primarily of upland pine flatwoods. The dominant
species include Slash Pine in the canopy and Saw Palmetto in the understory. An
area of improved pasture with agricultural drainage ditches traverse the property.
No wetland exists on the site.
1.5 DENSITY
The lmmokalee Area Master Plan CLAMP), Land Use Designation Description Section, allows a
permitted maximum density of twelve (12) dwelling units per gross acre in the Neighborhood
Center District. The Project will have 204 multi-family housing units which provides a density
of twelve (12) tanits per gross acre and is therefore consistent with the permitted density.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the
Project, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Project will include 204 multi-family housing units, a leasing facility, a laundry, a
maintenance building, accessory recreation facilities, lakes, and open space.
The Master Plan is iljustrated graphically on Exhibit A, (Danny Poweil Plan, SP-I). A
Land Use Summary indicating approximate land use acreage is shown on the Plan.
2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES
A. The development of the Project shall be in accordance with this PUD Ordinance
and applicable sections of the Code (to the extent they arc not inconsistent with
this PUD Ordinance) which are in effect at the time of issuance of any
development order which authorizes the construction of improvements to which
said regulation applies. These include but are not limited to Final Subdivision
Plat, Final Site Development Plan, Excavation Permit and Preliminary Work
Authorization. Where this PUD Ordinance fails to provide developmental
standards, then the provisions of the most similar zoning district or section of the
Code shall apply.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the Code in
effect at the time of development Order application.
C. Development permitted by the approval of this Ordinance will be subject to a
concurrency review under the Adequate Public Facilities Ordinance, Code Section
3.15.
D. All conditions imposed herein or as represented on the Project PUD Master Plan
are part of the regulations which govern the manner in which the !and may be
developed.
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E. The affordable housing section of the Landscape Section of the Code (Section
2.4) shall apply to this Project.
F. The Subdivisions Division of the Code (Article 3, Division 3.2) shall apply Io the
Project, except where an exemption is set forth herein or otherwise granted
pursuant to Code Section 3.2.4.
G. The Site Development Plans Division of the Code (Article 3, Division 3.3) shall
apply to the Project, except where and exemption is set forth herein or otherwise
granted pursuant to Code Section 3.3.4.
2.4 DRIVEWAYS
Standards for driveways shall be in compliance with the applicable provisions of the
Code regulating subdivisions, unless otherwise approved during Preliminary Subdivision
Plat approval. Driveways in the Project shall be private facilities.
2.5 MAINTENANCE ASSOCIATIONS
The Developer shall create appropriate associations which will be responsible for
maintaining the driveways, drainage, water and sewer improvements where such systems
are not dedicated to a governmental agency.
2.6 SUBDIVISION APPROVAL
The review and approval of the subdivision of the Project shall follow the design and
development standards and review procedures in Article 3 of the Code in effect at the
time of development approval. The Developer reserves the right to request substitution of
design standards and request deviations pursuant to the Code standards set forth in
applicable regulations.
2.7 LAND USES --
The location of land uses are shown on the PUD Master Plan, Exhibit "A". Minor
changes and variations in building tracts, location and acreage of these uses shall be
permitted at preliminary subdivision plat approval, preliminary site development plan
approval and final site development plan approval to accommodate topography,
vegetation, stormwater design, and other site conditions subject to the Code. The specific
location and size of individual tracts and the assignment of dwelling units shall be
determined at the time of site development plan approval.
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2.8 PROJECT PHASING
The Proiect will be constructed in one phase over a period of 5 years assuming funding
can be obtained for its development.
2.9 SITE CLEARING AND DRAINAGE
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the Code and with the regulations of other applicable government agencies and the
standards and commitments of this document.
2.10 EASEMENTS FOR UTILITIES
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time approvals are requested.
2.11 LAKE SETBACK AND EXCAVATION
The lake setback requirements describe in Code Section 3.5.7.1 may be reduced with the
administrative approval of the Collier County Development Services Director. All lakes
greater than two (2) acres may be excavated to the maximum commercial excavation
depths set forth in Code Section 3.5.7.3.1, subject to meeting the County fetch formula;
however, removal of fill from the Project shall be limited to an amount up to 10 percent
(to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial
excavation permit is received.
2.12 PARKING
All parking places shall be designed in accordance with Section 2.3 of the Code.
2.13 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Code Section 2.7.3.5.
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2.14 OPEN SPACE AND LANDSCAPING REQUIREMENTS
The lake, picnic area, and buffers designed for the Project fully satisfy the open space
requirements of Code Section 2.6.32.2. The landscaping for the Project will be in
accordance with Code Section 2.4, which contains certain exemptions for affordable
housing projects.
2.15 TIME LIMITS OF PLANNED UNIT DEVELOPMENT APPROVAL
The time limits for the Project are as provided for within Code Section 2.7.3.4.
2.16 POLLING PLACES
Polling Places shall be provided in accordance with Code Section 3.2.8.3.14.
2.17 PUD MONITORING
An annual monitoring report shall be submitted pursuant to Code Section 2.7.3.6.
2.18 SITE DEVELOPMENT PLAN APPROVAL
The provisions of the Code shall apply to the development of platted tracts or parcels of
the land prior to the issuance of a building permit or other development order.
2.19 IMPACT FEES
Development of the Project shall be subject to all lawfully adopted impact fees in effect
at the time of development appropriate for each land use. This Project is eligible, as an
affordable housing project, for impact fee waivers or defen'als in accordance with Chapter
74, Code of Laws and Ordinances of Collier County, Florida, which contains the Road
Impact Fee, the Park and Recreational Facilities Impact Fee, the Library System Impact
Fee, the Regional Water System Impact Fee, the R~gional Sewer System Impact Fee, the
Emergency Medical Services System Impact Fee, and the Educational Facilities System
Impact Fee.
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SECTION III
RESIDENTIAL LAND USE DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify uses and development standards for areas within
the Project designated on Exhibit "A", PUD Master Plan, as "R".
3.2 MAXIMUM DWELLING UNITS
A maximum number of 204 residential dwelling units may be constructed on lands
designated "R".
3.3 GENERAL DESCRIPTION
Areas designated as "R" on the PUD Master Plan are designed to accommodate
affordable multi-family housing units and compatible non-residential uses, essential
services, and customary accessory uses.
The approximate acreage of the "R" district is indicated on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of site development plan or preliminary
subdivision plat approvals in accordance with the Code. Residential tracts are designed
to accommodate internal driveways, open space, lakes and water management facilities,
and other similar uses found in residential areas.
3.4 PERMI'ITED USES AND STRUCTURES
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 ) Multi-family Dwellings
2) Recreation Building and Leasing Office (for on-site unit leasing only)
3) Social Services Office (for on site social services only)
4) Guard Houses and Entrance Gates
5) Child Care Centers
6) Water Management Facilities, and Lakes
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7) Essential Services
8) Laundry Facilities
9) Any other principal use which is comparable in nature with the forgoing
uses and which the Development Services Director determines to be
compatible in the "R" District.
B. Accessory Uses and Structures:
I ) Customary accessory uses or structures
2) Maintenance Facilities
3) Signs, in accordance with Section 2.5 of the Code
4) Recreational facilities that serve as an integral part of the residential
development including, but not limited to, basketball courts, tot lots,
picnic and barbecue areas, jogging trails, passive parks, gazebos,
swimming pools, and family and support center.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R"
Residential District.
B. Standards for multi-family uses apply to platted parcel boundaries.
C. Standards for parking, landscaping, signs, guard houses, entrance gates, and other
land uses where such standards are not specified herein are to be in accordance
with the Code in effect at the time of Site Development Plan approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
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GARDEN WALK VILLAGE
DEVELOPMENT STANDARDS FOR
'R' RESIDENTIAL AREAS
TABLE 1
PERMITTED USES & STANDARDS MULTI'FAMILY 'DWELLI/~IGS
Minimum Lot Area I AC
Minimum Lot Width 150'
Front Yard Setback .i 20'
Side Yard Setback
Rear Yard Principal Setback 20'
Maximum Building Height .2 40'
Distance Between Principal Structures 20'
Floor Area Min. 700 SF
*!: if the parcel is served by a private road right-of-way or easement front yard setback is measured from the back
of curb (if curbed) or edge of pavement (if not curbed).
*_2: Building height shall be the vertical distance measured from the first habitable finished floor elevation to the
uppermost finished ceiling elevation of the structure.
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SECTION IV
DEVELOPMENT COMMITMENTS
4.1. PURPOSE
The purpose of this section is to set forth the development commitments of the Project.
4.2. ENGINEERING
Detailed paving, grading, site drainage and utility plans shall be submitted to Project Plan
Review for review. No construction permits shall be issued unless and until approval of
the proposed construction in accordance with the submitted plans is granted by Project
Plan Review.
4.3. UTILITIES
Water distribution, sewage collection and transmission and interim water and/or sewage
treatment facilities to serve the Project are to be designed, constructed, conveyed owned
and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and
other applicable County rules and regulations or other applicable agency regulations, as
may be appropriate.
4.4. WATER MANAGEMENT
A. A copy of South Florida Water Management District Permit or Early Work Permit is
required prior to construction plan approval.
4.5. TRANSPORTATION
A. The Developer shall be responsible for the construction of the fight turn lane at the
Project' s entrance at the time of approval of the final subdivision plat.
B. All traffic control devices on public roadways, excluding street name signs, shall conform
to the Manual on Unitbrm Traffic Control Devices as required by Cha:,ter 316, Florida
C. The applicant shall be responsible for the installation of arterial level street lighting at all
project entrances at the time of approval of the final subdivision plat.
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D. The Developer shall be responsible for a fair share contribution toward the cost of any
signal upgradcs or new signal installation at the Project entrance if warranted by FDOT.
4.6. ENVIRONMENTAL
A. The PUD shall be consistent with the environmental sections of the Collier County
Growth Management Plan Conservation and Coastal Management Element and the
Collier County Land Development Code at the time of final development order approval.
B. Areas of retained native vegetation, as required in Section 3.9.5.5 of the Collier County
Land Development Code, shall be shown on the final site development plan for the
Project. Retained areas of native vegetation shall be preserved in their entirety with all
trees, understory and ground covers left intact and undisturbed, except for prohibited
exotic species removal. The project shall retain 25% of the viable naturally functioning
native vegetation in accordance with the Land Development Code.
C. If it is determined by the Developer that the size of the lake is in excess of what is
required for water management and that by reducing the size of the lake the Developer
will be able to preserve additional native vegetation, this shall be done at the time of Site
Development Plan review.
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~ ZONED A~qlCULTURAL
i
STATE ROUTE 29 : 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. 96-4
Which was adopted by the Board of County Commissioners on the 13th day
of February, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 14th day of February,
1996.
DWIGHT E. BROCK
Clerk of Courts and C.l~rk
Ex-officio to Board.~.f.,~,.
County CommissionerS- ,,'~.'.~
.
By: /s/Ellie Hoff~ah