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Ordinance 89-076COMPRESSIVE ZO.I.G INCO O T -D Or A~S ~P N~B~ 48-26-9 BY ~GING ~E ZONING C~SSIFICATION OF ~E H~EIN DES~I~ED R~L PROP~ ~0~ A-2 TO "PUD" · ~-. P~ ~IT D~E~ ~0~ AS C~RCLE" FOR ~20 ~T~-F~Y ~ITS; FOR PROP~ ~CATED ON ~E SOPHIST CO~ER OF I~LEE RO~ ~D ~E ~E LIVINGSTON RO~ CO~AINING 9.347 ACRES, MORE OR LESS, ~TED IN SE~ION 30, TO'~SHIP 48 SO~, ~{GE 26 ~ST, COLLIER CO~TY, F~RIDA; ~D BY PROVIDING ~ EFFE~I~ DATE. WHEREAS, William R. Vines of Vines and Associates, representing Sand Kastle Construction of Naples, Inc., 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: 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 "A-2# to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as E.xhibit SA" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Hap Number 48-26-9, as described in Ordinance 82-2, is hereby amended accordingly. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. DATE: November 14, 1989 BOARD OF COUNTY COM]4ISSIONERS COLLIER COUNTY, FLORIDA ~,; '..~ ,: . /:' .ATTEST ~. ', :'% BY: -' : JAMES C. GIn,S, CLERK BUR~ L. SAUNDERS, CHAIRMAN ~: ..': '. ;. '"' ";-/"'/'---")' ~ V/- -" - '' J~kRJOI~E N. STUDF..N~ ASSISTANT COUNTY ATTORNEY R-89-16 PUD ORDINANCE, ew PLANNED UNIT DEVELOPMENT DOCUMENT For APRIL CIRCLE A Multi-Fatally Entry Level Rental Housing Project Prepared For Sand Kastle Construction of Naples, Inc. By Vlnes $ Associates, Inc. 715 Tenth Street South Naples, Florida 339q0 Phone: {813) 262-z116~ Date Filed: Date Revised: Date Revlewect by CCPC: lO/Iq Date Approved by BCC: II/I.~/ Ordinance Number: ~.~o SECTION I PROPERTY OWNERSHIP AND'DESCRIPTION 1.1..PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existlng · conditions of the property to be developed under the project name of: April Circle. 1.2 I-EGAL DESCRIPTION The subject, property, being 9.3~7 acres In are~, is described u the west half of the west half of the northwest quarter of the northwest quarter of Section 30, Township #8 South, Range 26 East, Collier County, Florida less the north 100 feet thereof for road right-of-way. 1.3. PROPERTY OWNERSHIP The subject property is currently under the ownership of Sand Kestle Construction of Naples, Inc., 3000-D Immokalee Road, Naples, Florida 33942. 1.1~. GENERAL DESCRIPTION OF PROPERTY AREA The 9.3q7 acre tract, located In Sec. 30, Twp. ~8S., Rge. 26E., is bounded on the north by Immokale. Road, on the west by futura Livingston Road, on the east and south by undeveloped lands. The zoning classification of the subject property prior to the date of this approved PUD document was A-2 Agricultural. 1.$. PHYSICAL DESCRIPTION The property Is located In the Cocohatchee River Water Management Basin. Water management for the project Is to be the lake retention type. Elevation on the property ranges from 11.3 feet to 13.3 feet above mean sea level, averaging about 12 feet. The property is primarily pine forested upland. It contains small areas of Jurisdictlonal wetlands, portions of which contain wetland vegetation suitable for preservation within the finished development project. It also contains smell areas of altered lends which are Impacted with exotic vegetation. SoU types on the property are classified as Browar~! flne send in the upland areas, cypress swamp in the wetland areas. All of the site is located in Flood Zone "X" according to FIRM Map 120067 0195 D Panel 195 of 112S, dated June 3, 1986. 1.$. pROJECT DESCRIPTION :. t Aprll Circle is to be a 120 unit multl-famiiy entry level rental housing complex comprised of 15 2 story a unit atru~ures. The multi-f~rn~ly structures are located around central open apace which ie in part lake, In pert preserved natural wetland, and in part recreation area. The project Is subject to the ta~ms of an affordable housing and denslty bonus agreement between the project developer/owner and the Collier County Department of Housing and Urban Improvement. 1.7. STATEMENT OF COMPLIANCE WITH GROWTH MANAGEMENT PLAN Development of the project as a 12.1~ dwelling unit per acre Affordable IMulti-Famlly Entry Level Rental) Housing Planned Unit Development will comply with the planning goals and objectives of the Collier County Growth Management Plan. The affordable houslng density bonus conforms to the Growth Management Plan rating system iLU-I-29,[3)). The project will be served by a complete range of services end facilities. .SHORT TITLE This ordinance shall be known es cited ss the aApril Circle Planned Unit Development Ordinance.~ SECTION II PROJECT DEVELOi~MENT 2.1. pURPOSE The purpose of this Section Is to describe the basic development features of. April Circle, and to set forth basic project criteria. 2.2 gENERAL Development of this project will be governed by the contents of this document and applicable sections of the Colller County Zoning Ordinance in effect at the time of building permlt appIlcation. Unless otherwise noted, the definitions of all terms shall be the same as the definitions eat forth in the Collier County Zoning Ordinance at the time of bulldlng permit application. Ce All conditions Imposed and all graphic material approved aa · part of the rezonlng to PUD ahall become a part of the regulations which govern the manner in which April Circle may be developed. t 2.3. I~ROJECT PLAN Re The pattern of buildings, drives, parking, end open space featurea is Indicated on the Master Development Plan. The acre.ge of the vmrioue element~ of the Maeter Development Plan follows: IJnd Use Acres Multl-lramlly structures 1.70 Lake .70 Preaerved wetlanda · 10 Recreat!onal $ landacaped area 3.20 Drives and parking 2.~$ Dedicated Arterial RIW ,1.2~, 9.35 2.11. I~,ROJECT DENSITY No more than 120 residential dwelling unite may be constructed in the total project area. The grosa project area is 9.3~7 acrea. The maximum project density, therefore· will be a maximum of 12.8q dwelling units per acre. 2.$ ~LAN APPROVAL REQUIREMENTS Prim' to development, Site Developnmnt Plan approval shall be required for this project pursuant to Se~. 10.$ of the Collier County Zoning Ordinance. Site Development Plan approval applications may be submitted for pertlons of the project or for the entirety. No project developmental ectivitlu shall be permitted except In conformity with approved Site Development Plans. 2.6. INTERNAL ACCESS TO BE PRIVATE All Internal access drives within the project shall be private. 2.7. PROJECT NOT TO BE SUBDIVIDED The April Circle rental housing project is to remai,n in · single tract under single ownership, end will not be subdivided. z.~. puePoSg SECTION III ', PROJECT DEVELOPMENT REGULATION~ The purpose of this Section is to sat forth tho development regulatlons applicable to the April Circle project. 3.2. MAXIMUM DWELLING UNITS A maximum of 120 multi-family dwelling unite may bo constructed In this project. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or lend used, in whole or part, for other then the following: A. Principal Uses: 1. Multi-family residences. Accessory Uses: 1. Uses and structures which are typically accessory to multi-family residential projects, Including recreational, water management, and similar ancillary uses. A temporary sewage treatment plant and disposal facility, prior to the time the project is connected to the County sewage treatment system. 3. Project administrative offices. The offices may occur in a residential unit or Jn temporary structures. 3.q. DEVELOPMENT STANDARDS FOR MULTI-FAMILY STRUCTURES Minimum Separation Between a Multi-Family Residential Structure and: A project boundary: 30 feet An adjoining multi-family structure: 15 feet The edge of a vehicular access drive: 10 feet An offstreet parking space: 10 feet, exclusive*of vehicle overhang. Minimum and Maximum Dwellln9 Unlt Floor Area: Efficiency: t~50 to 600 square leer'of enclos~:d living area One bedroom: Two bedroom: area Three bedroom: area u, S0 to 900 square feet of enclosed living area 650 to 1,100 square feet of enclosed I1vtng 900 to 1,250 square feet of enclosed living C. Offstreet Parking Requirements: Two spaces per dwelling un]t D. Maximum Building Hei9ht: Two stories 3.5. STANDARDS FOR THE WETLANDS PRESERVE AREAS Ao The wetland preserve areas indicated on the Master Development Plan, including such wetlands preser-ve boundary adjustments as may result during the wetlands permitting process, shall be permanantly preserved as natural wetland open space. No modification of the preserved natural open space sh,~ll occur, exce'pt for removal of exotic plants and such minor recreational or utllltarlan facilities as may be authorized during the wetlands permitting process. :3.6. STANDARDS FOR THE TEMPORARY SEWAGE TREATMENT AND DISPOSAL Oo ° FACILITY · : A temporary sewage treatment plant and underground dralnfleld for treated effluent disposal may be developed in the location Indicated on the Master Development Plan. At such time es county sewerage service is available to the project, the onsite temporary treatment facility shall be discontinued and the land it occupies may be utilized for multi-family development as indicated on the Master Development Plan. A. Development Standards: 1) Minimum yards for the treatment plant: SO feet from the sewage treatment' plant parcel boundary 2! Landscape buffer requirements: 20 foot wide landscape buffer adjacent the sewage treatment plant parcel boundary pursuant to the planting requirements of SecUon 8.37 of the Zoning Ordinance 3! Maximum treatment plant height: 15 feet SECTION IV · DEVELOPMENT COMMITMENTS ~.~. puep, osE The purpose of thla section ia to set forth the development commitments applicable to the April Clricle project. ~.2. GENERAL All facilities shall be constructed In strict accord with approved Site Development Plans which shall generally conform to the approved project Master Development Plan end applicable state and local laws, codes, end recjulationa. Except where specifically noted or stated otherwise, the standards of the official County Zoning Ordinance shall apply to thla project. The developer, his successor, end assigns shall be responsible for the commitments outlined herein. PUD MASTER PLAN The PUD Master Development Plan Indicates the proposed development. Minor modifications to and adjustment of the plan elements may be authorized during the Site Development Plan approval and permit Issuing process. 11 Be All necessary easements, dedication's, or other Instrument~ shall be granted to insure the continued operation end maintenance of all service utilities and all common areas in the project. DEPARTMENT OF HOUSING AND URBAN IMPROVEMENT AGREEMENT The April Circle project shall be operated in accord with the term~ of an executed Affordable Housing agreement between the project owner and the C0111er County. Department of Housing and Urban Improvement. When the agreement between the owner and the Department of Housing and Urban Improvement has been terminated, the April Circle project may be trtllized for conventional multi- family rentals, and/or the multi-family structures may be converted to multi-family condominiums and the Individual dwelling units may be sold. 1~.5, SCHEDULE OF DEVELOPMENT Initletlon of development Is expected to occur during the calendar year 1990 or 1991. It is anticipated that the project will be developed in two phase~ with each phase extending for approximately 18 months. Development of four northernmost multl-famUy structures is to be deferred until sewage treatment/disposal service is available from 12 Co$11sr County and the oneite t~mp~r~ry sewage treatment plant faculty can be discontinued, II,.S. pLANS APPROVAL AND IMPROVEMENT REQUIREMENTS The petitioner shall enter into an agrae~nent with the Collier County Board of Commlssioner~ through it~ agent, the Director of Housing and Urban Improvement. Sald agreement shall include the relationships to be established between households of Iow and moderate Income as defined by the U.S. Department of Housing and Urban Development (HUD) and rental rates; the percentage of the project to be set aside for Income ranges within the Iow and moderate income categorlee= and the number of year~ for which the set aside is to occur. Said agreement shall Include other assurances and conditions as requlred by the County Attorney and shall be executed to the satisfaction of the County Board of Commissioners, whose action is prerequisite to the Issuance of a development order based upon the development proposed by said Petition R-89-16. Approval of' the PUD document does not convey site development plan approval to the PUD Master Plan. Each development phase is subject to SDP approval pursuant to Section 10.5 of Ordinance 82-2 as amended. Site development 13 plan applications will comply with p'rovlalon of the Zoning Ordlnance in affect at the time of appllcation unless otherwise regulated by provisions in this PUD document. An Excavation Permit will be required for the pmpoeed lake(s) in accordance wlth Colllar County Ordinance No. 88-26 and South Florida Water Management rules. A 20 ft. wide strip of land along the entire lake frontage shall be reserved for use as a maintenance easement for lake maintanenace purposes. A temporary swale shall be constructed from the outfal! structure to the Immokalee Road right-of-way swale until such time that the Livingston Road right-of-way swale has been constructed aa part of the Municipal Service Taxing Unit. This temporary swale must be shown on final alto plan ae to location and typlcal cross-section. Detailed paving, grading, site drainage and utility plans ahell be ~ubmittad to Project Review lervlcea foe review. No construction permits shall be issued unless and until approval of the proposed construction plans is granted by Project Review Services. Wort< within Collier County right-of-way shell meet the requirements of Collier County rlgh.(-of-way ordinance a2-91. Water distribution, sewage collection and transmission and intarim water and/or sewage treatment facilities to serve the project ara to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. Sa-TS, as amended, and other applicable County rules and regulations. All customers connecting to the water dlatribution end sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County no~ be In a position to provide water and/or sewer service to the project, the water and/or sawae customsr~ shall be customers of the Interim utility established to serve the project until the County's off-sits vfater and/or sewer facilities ara available to serve the project. 10. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by thio project. Should the County lyetem not be In a position to supply potable water to the project and/or receive the 15 · project's wastewater ·t the time dev.elopment c~,mence·, the D~veloper, ·t his expense will inst~ll ·nd operate' Interim water supply and on-site treatment facilities and/or Interim on-site sewacje treatment and disposal facilities adequate to meat all requirements of the ·pproprlate regulatory agencies. An a9reement shall be entered into between the County and the Developer, binding on the developer, · sslgns or successors, regarding ·ny Interim ~reetment facilities to be utilized. The agreement must be legally · ufficlent to the County, prior to the approval of construction documents f~r the project, and be in conformance with the requirements of Collier County Ordin·nc· No. 88-76, ·· amended. 11. 12. If ·n Interim on-site wstar eupplyo tra·tment and transmission facility is utilized to serve the project, it must be properly sized to ·upply average peak day domestic demand, in addition to fir· flow dam·nd ·t · rate approved by the appropriate Fire Control Distrlct ser~icing the project ·rea. The utliity construction documents for the project's · awsrege system shall be prep·red to contain the design ·nd construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the Imn~ok.alee Road rights-o¢- way. The force main must be extended from the'main on-site pump atatlon to the wast right-of-way line of Immokales Reed and capped. It must be Interconnected to the pump etatlon with appropriately located valves te permit for aimpla redirection of the project's sewage when connection to the County's central sewer facilities becomes available. 13. The developer shall provide appropriate left and/or right turn lanes on Immokalee end Llvlngston Roads et the project entrances. Construction of these lanes shall be coordinated with planned roadway construction projects on these roads. The developer shall provlde arterial level street lighting at project entrances. 15. The developer shall provide S0 feet of additional road right-of-way along the south aide of Immokalae Read and shall retain the existing 30 foot road easement along the weat boundary of the project. 16, Approval of' project entrance locations at this time does not Imply that median epening~ will be permitted upon the roue lanlng of either road. 17 17. All traffic control devices used, e~ludlng atreet name slgns, shall comply with t~.e Manual on Unifoflfl Ti-~f'fic Control Devices as required by Chapter 316.07~7, Florida Statutes. 18. The above Improvements are considered "sits related" as defined in Ordlnance 85-88 and shall not be applied as credits toward any Impact fees required by that ordinance. They shall be in place before any certificates of occupancy are Issued or at the time of access construction, whichever occurs latest. 19. Should development of Internal road access points with Uvingston Road preceed the development of Uvlngston Road, a temporary turn-around shall be provided that meets the radlus requlrements of the North Naples Fire Control District. 20. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natbral Resources Management Department for their review and subject to approval prlor to any work on the site. This plan may be submitted in phases 18 to coincide with the development, schedule. The site clearlncj plan shall clearly depict how the final sits layout Incorporates retained native vegetation to the maximum extant possible and how roads, buildings, lakes, parking lot.s, and other facilities have been oriented to accommodate this goal. 21. Native species shall be utilized, es described below, in the · site landscaping plan. A landscape plan for nil landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to thelr approval. The landscape design shall Incorporate a minimum of 60% native plants, by number, Including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the ground cover shall be native species. At the discretion of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of ground cover. For example, the use of 70% native trees could allow the use of only 50% native ground cover. This plan shall depict the Incorporation of native species and thslr mlx with other species, if any. The goal of sits landscaping shall be the re-creation of native vegetation and habitat c~aracterJstics lost on the site during construction, or. due to past activities. 19 22. 23. All exotic plan~, as defined in tho County Coda~ shall be removed during each phase o~ construction from development stoas, open space areas, and preserve areas. Followlng sloe development, a maintenance p~jram shall be Implemented to prevent relnvasion of the sloe by such exotic species. This plan, which will describe control techniques and inspection Intervals, shall be filed with and subject to approval by the Natural Resources Management Department and the Community Development Dlvislon. If, during tho course of 3Its clearing, excavation, or other constructional actlvitle~, an archaeological or historical site, artifact, or other indlcetor is discovered, all development at that Iocetlon shell be Immediately stopped end the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to asse~a the find and determine the proper course of action In regard to Its ealvageabillty. The Natural Resources Management Department will respond to any such notification in a timely end efficient manner so as to provide only a minimal Interruption to any constructional actlvltles. 2O ,00, 037,a 63 2S. A native, existing vegetated (or native species supplenented) buffer zone shall be provided around the entire sita. The buffer zone shall be · minimum of ten 110! feet wide where feasible. All Jurisdictional wetlands and preservation areas shall be flagged by the petitioner prior to any construction. These areas shall be field approved by Collier County Planning Services Envlronmentl Review staff. Areas shall not be altered or modified, with the exception of exotic vegetation removal, from the natural state unless otherwise stipulated in an approved mitigation plan. 26. 27. Prior to development activities, wetlands, preservation areas, buffer zones, natural vegetationllandscape areas or other area designated protected during the site plan review process shall be clearly marked by suitable barriers or visual markers no closer than six feet from such areas. To provide maximum preservation of trees and wildlife habitat value, existing native vegetation shall be used in landscaping. Existing cjusters of trees and/or shrubs shall be used to the maximum extent possible as landscape Islands in areas where they are prevalent and within the buffer zone. .. 21 Lake creation shall be subject to the following: e, Control of squatlc vegetation shall be done n~nually in littoral zones, as required, to provlde and eflharlce long term community diversity of native specles end ensure against more opportunistic species out competing desirable ones. Minimal chemicals shall be used for aquatic weed control elsewhere. be The constructed lake shall maintain a littoral zone around the lakes with typical native aquatic vegetation relocated from on site endlor propagated by commercial sources. A littoral zone will be designed in accordance with Water Management District and U.S. Army Corps of Engineers permit specifications. Wlthln the area between the mulberry hammock and the lake's southeastern edge an additional sawgrass littoral preservation area shall be establlshed by preserving and maintaining native habitat. Department of Environmental Regulation and (ACOE) shall be consulted by the petitioner prior to site development concerning jurisdictional wetlands· 22 131. If intanalty of use decreases, add}t.~onml viable, native vegetation ahall be retained or Incorporated into the landscape plan Exotic =pecles removal in the mulberry hammock preserve area ahall be done manually to Irvoid disturbing the archaeological resources after notification of the Southwest Florida Archaeologlcal Society. 23 ~'STATE OF FLORIDA COUNTYOF COLLIER ) I, JAMES C. GILES, Clerk of Courte in and for the ~ .:~Twent~eth ~udicia! Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 89-76 which wae adopted by the Board of County Commieelonere on the ~4th day of November, 1989, during Regular Session. !,..~day of November, 1989. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, th~s 17th JAMES C. GILES '~. Clerk o~ Courte and Clerk ,~%~$ ~,. Ex-officio to Board of ..).~ ..... County Co~iesloners '- '.°~ Deputy Clerk