Loading...
Ordinance 2014-11 ORDINANCE NO. 14-1 1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA 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 TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 75 RESIDENTIAL DWELLING UNITS AND A CLUBHOUSE FOR A PROJECT TO BE KNOWN AS THE LORD'S WAY 30 ACRE RPUD. THE SUBJECT PROPERTY IS LOCATED ON THE LORD'S WAY ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951) IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 30± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130000827) WHEREAS, Robert J. Mulhere of Hole Montes, Inc. representing Lord's Way 30, LLC, 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 14, Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) for a 30.0± acre parcel to be known as the Lord's Way 30 Acre Planned Unit Development 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. Lord's Way 30 Acre RPUD PUDZ-PL20130000827—Rev. 1/21/14 Page 1 of 2 Cp PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this 1 I day of jilkiff1 14. ATE ` BOARD OF COUNTY COMMISSIONERS DWT ) I ERK COLLIER COUNTY, FLORIDA ! j.. By imp : : i� By i v ` -- 'e . etk f' TOM HENNIN�� hairman Attest as to Dial . ,. signature onI; _, } Approved as to form and legality: tiLck H idi Ashton-Cicko `� Managing Assistant County Attorney Attachment: Exhibit A—List of Permitted Uses Exhibit B—Development Standards Exhibit C —Master Plan Exhibit C-1 —ROW Section Exhibit C-2—Typical Lot Layout Exhibit D - Legal Description Exhibit E— List of Deviations Exhibit F— List of Developer Commitments CP\13-CPS-01243\29 This ordinance filed with the Secretory of State's Off'ce to �7 'day of t and acknowledgement of that filing received this day of - , By I .e►'�y/1►�r:; Opt"c Lord's Way 30 Acre RPUD PUDZ-PL20130000827—Rev. 1/21/14 Page 2 of 2 CA EXHIBIT A LORD'S WAY 30 ACRE RPUD PERMITTED USES 1. 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. Single-family detached dwellings. 2. Single-family attached dwellings. 3. Two-family and single-family zero lot line. 4. Townhouse and multi-family. 5. A recreational building or clubhouse, with typical accessory recreational facilities shall be permitted which serves the residents and their guests. The location of such recreational building and facilities shall be denoted on the first subdivision plat or Site Development Plan for the project, as the case may be, prior to sale of any platted lots or condominium units. 6. Any other principal use, which is comparable in nature with the foregoing listed of permitted principal uses, determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner ("HEX") by the process outlined in the Land Development Code ("LDC"). B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, including recreational facilities, such as swimming pools and screen enclosures. 2. Essential services as set forth under Land Development Code, Section 2.01.03. 3. Guardhouses, gatehouses and access control structures. 4. Temporary construction, sales 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 the Land Development Code. Page 1 of 11 H:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-17-2014.docx CA 2. PRESERVE/TRACT P The minimum required native vegetation preservation is 2.73 acres (25% of 10.93 acres of existing native vegetation). The "P" Preserve Tract provides for the preservation of 3.51 acres of native vegetation. This exceeds the minimum required amount of native vegetation preservation by 0.78 acres. 3. MAXIMUM DWELLING UNITS The maximum dwelling units shall be seventy-five (75) provided that 30 of the maximum 75 units are obtained through a transfer of development rights in accordance with the requirements set forth in the LDC and GMP (Growth Management Plan). Page 2 of 11 H:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-17-2014.docx 0 1 r i EXHIBIT B LORD'S WAY 30 ACRE RPUD Exhibit B Table 1 below sets forth the development standards for land uses within the RPUD Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the Land Development Code in effect as of the date of approval of the Site Development Plan or Subdivision plat. DEVELOPMENT STANDARDS TABLE 1 PERIMETER PUD SETBACK:The perimeter PUD setback shall be,at a minimum,equal to the required width of perimeter landscape buffers. PLATTED RESIDENTIAL OR AMENITY CENTER LOTS DEVELOPMENT SINGLE- SINGLE-FAMILY TWO-FAMILY& TOWNHOME or CLUBHOUSE/ STANDARDS FAMILY ATTACHED SINGLE-FAMILY MULTI- RECREATION ZERO LOT LINE FAMILY BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,800 S.F.PER 1,800 4,000 10,000 N/A UNIT S.F.PER UNIT S.F.PER UNIT S.F.PER BLDG. MINIMUM LOT WIDTH 40 FEET 30 FEET 40 FEET N/A N/A MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER 1,200 S.F.PER 1,000 S.F.PER N/A UNIT UNIT UNIT MINIMUM FRONT YARD 23 FEET' 23 FEET' 23 FEET' 23 FEET N/A MINIMUM SIDE YARD 6 FEET 0 OR 6 FEET2 0 OR 6 FEET2 0 or 15 FEET 20 FEET3 MINIMUM REAR YARD 10 FEET 10 FEET 10 FEET 10 FEET 15 FEET3 MINIMUM PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET SETBACK MINIMUM DISTANCE 12 FEET 20 FEET 12 FEET 20 FEET 12 FEET BETWEEN STRUCTURES MAIMUM BUILDING 35 FEET NTE 35 FEET NTE 35 FEET NTE 50 FEET NTE 35 FEET NTE HEIGHT-ZONED 2 STORIES 2 STORIES 2 STORIES 4 STORIES 2 STORIES MAXIMUM BUILDING 42 FEET 42 FEET 42 FEET 57 FEET 42 FEET HEIGHT-ACTUAL ACCESSORY STRUCTURES FRONT SPS SPS SPS 23 FEET SPS SIDE SPS SPS SPS SPS SPS REAR4 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MAXIMUM HEIGHT S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. ZONED&ACTUAL NTE=Not to Exceed;S.P.S.=Same as Principal Structures;BLDG.=Building;S.F.=Square Feet;N/A=Not Applicable General:Except as provided for herein,all criteria set forth in Exhibit B below shall be understood to be in relation to individual parcel or lot boundary lines or between structures.Condominium and/or homeowners' association boundaries shall not be utilized for determining development standards. Footnotes: 'Lots fronting on two streets shall provide a full front yard setback along the street with the shorter frontage,and a minimum 10' front yard setback along the other street frontage. Front entry garages shall be at least 23 feet from back of sidewalk. Where side entry garages are provided,the driveway shall be designed in such a manner so that a parked vehicle shall not conflict with the sidewalk,however,in no case shall the front setback be less than 10'. Page 3 of 11 H:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-17-2014.docx 0 2 6' minimum side setbacks for single-family attached, two-family and single-family zero lot line must be accompanied by another 6' minimum side setback on adjoining lot to achieve minimum 12'separation. 3 Should an"Amenity Center/Clubhouse"be constructed,it may be partially constructed up to lake edge and a deck area may extend into (over)the lake, in accordance with the permit requirements or limitations of the South Florida Water Management District. Should the Amenity Center/Clubhouse be constructed up to lake edge,or contain a deck area extending(over)the lake,the normally required buffer area and landscape plantings shall redistributed to the other buffers on the Amenity Center/Clubhouse site.Refer to Deviation No.5. 4 Rear yards adjacent to the Lake Maintenance Easement(or tract)or adjacent to a perimeter landscape buffer shall not be subject to the rear yard accessory structure setback. Page 4 of 11 H:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)I-17-2014.docx CA( ZONED: MPUD 30' R.O.W. RESERVATION BY ADJACENT PROPERTY i 1 L__ EXISTING OWNER FOR FUTURE ROADWAY EXPANSION GRAVEL ROAD THE LORD'S WAY - -.., COUNTY 1 — T20' TYPE 'D' I 11 j UTILITY 0 I--10' TYPE 'A' PERIMETER III EASEMENT o° PERIMETER BUFFER I I z BUFFER <w III 20' TYPE 'C' >X rir ----------' I I PERIMETER N w } BUFFER LU a TRACT 'R' I I E-o Residential w< I I EXISTING GRAVEL M I ROAD VI w A L`ID 111 3 I I I— C I Q V d .. 4 ° • as w w TRACT I 1 0 W o 0 -0 'L' 0 I A A i- cc Lake 1 SC Jw I wow °`1w I v 1-°W 11 0 200 cc �za III __ _ Z°< <r° TRACT 'R' _ _ i, 'SCALE IN FEET Residential 4 W W i Z Z W W I 09/25/2013 z Z p O U 12/13/2013 I 12/17/2013• ..o a W II 01/14/2014 w O w W W TRA C T 4Tv W W W W W W Y W W Wad ' J W W W a.wF tr * * W W Preserve W W W • * I m Ld * * W • W w W W r I II ZMV I 3 ZONED: A 1 I MAXIMUM PERMITTED DENSITY= DEVIATIONS NOTE O1. 3 ANSOF UD 75 UNITS NATIVE VEGETATION & OPEN SPACE DEVIATION 2 WILL OCCUR LAND USE SUMMARY Existing Native Vegetation = 10.93±Ac. THROUGHOUT PUD AND Required Native Preservation = DEVIATION 5 MAY OCCUR IN DESCRIPTION Ac.± Pct. 25%of Existing Native Vegetation A TO DETERMINED RESIDENTIAL (TRACT 'R') 18.54 61.5% 10.93 x 0.25- 2.73± Acres Required Native ROADWAY (TRACT 'ROTS') 3.73 12.4% Vegetation Provided = 3.51± Ac. * AMENITIES SITE LOCATION. PRESERVE (TRACT 'P') 3.51 11.6% Open Space Required = 80%of Gross Area LAKE (TRACT 'L') 4.31 14.4% 30.13 a 0.6 = 18.08± Acres Required EASEMENT (C.U.E.) 0.04 0.1% Open Space Provided = 18.08± Acres * TOTAL 30.13 100.0% *At a Minimum 950 Encore Way LAS WAY 30 Ac RPUD CHECKED �o. : PROJECT FoNa w Iq, FL.. 34110 non*: 239) 254-2000 D MASTER PLAN DRAM BY: CAD FILE NAME: JON 3023_APUD L Cartiflcat. of 991186fN16S9R9106 Aidlwattailon 144.1772 C DATE• /2s E%HIBIT- ITEM C I Page 5 of 11 H:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-17-2014.docx el-10 7 g 55 , Q 8 | - : § 0 9 0 § 2 | CI ■k \ w SI 2B # in C4! k_ _ % 0-; U p 3 O �-- 0 ' 8 3 0 z co 8 . r % U ° : s R } � 0 ._ ; b ■ 2 Q 0 I- 1 � w W ' % � � f � D a O W $ ..igi w o k o R an d S ; 2 - m 1 0 w 2% K.?, - z 2 / & Csi f /�()( I. �§ 2 0 f/ƒf/ o eq § Z Lj ° §%« m +s]) z °=e w ) J > v , 0 ' X. ■ X - 0 d�� l � Z A e g < 0 i§ z * % . ' -- 7- ) �f L .- C1 u§ ¥6 ® ..+ i§ v & v > y— /® E E womo■ lai 6 " _ :§ «_n / \ / o B5 V.2V% *� ` ■ B8 ® \ ; i45 §\ Page 6 of 11 EO13\2013023 WP\POs c PC\Lo Way 30 Acre UU mu&R»!300 0802 >7 1-17-2014.aocx 0 P LAKE W V LAKE CONTROL ELEV.1 -- - ;_ 20' LAKE 10' SETBACK M.E. i-PROPERTY UNE ACCESSORY STRUCTURE TO f --T--L PRESERVE W I W I ACCESSORY STRUCTURE 1 1 (E.G. POOL) 1 • , Vr 1 , . 1 ' [ W 1 PROPERTY UNE / I I 25' SETBACK // PRINCIPAL STRUCTURE TO PRESERVE RE RESIDENCE I I I I 6' MIN. FOR SINGLE FAMILY DETACHED, 6' MIN. (-6' MIN. 0' OR 6' FOR SINGLE FAMILY ATTACHED. TOWNHOUSE, TWO–FAMILY AND SINGLE FAMILY ZERO LOT UNE. 6' MIN. SIDE YARD SETBACK MUST BE I I ACCOMPANIED BY ANOTHER 6' MIN. SETBACK ON ADJOINING LOT TO ACHIEVE MINIMUM 12' SEPARATION. I I I 1 PROPERTY UNE 1 i I I 23' MIN. FOR FRONT–ENTRY GARAGE MAY BE REDUCED FOR SIDE ENTRY GARAGE IF DESIGNED SO THAT A � PARKED VEHICLE WILL NOT ENCROACH UPON THE SIDEWALK. I I IN NO CASE SHALL THE FRONT I R.O.W�UNE1 I i SETBACK OF A SIDE ENTRY GARAGE BE LESS THAN 10'. I f 1— SIDEWALK ROADWAY 01/14/2014 SIDEWALK 12/13/2013 .— __ __ , 09/25/2013 NOT TO SCALE 30 Mil 950 Encore Way LORD'S WAY W Ao cNecKG N 11 2011023 Naples,FL.34110 DRAWN aT: CAD FILE NAME PRckt Phone:(239)254-2000 TYPICAL LOT LAYOUT &.L.,1./,row x23_LoT HOLE MONTES Florida Certificate of (� DATE: IXMIBIT-ITEM X11 1I01$ Authorization No.1772 i� 0/2013 MIST 0-2 Page7of11 A:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-17-2014.docx CAC EXHIBIT D LORD'S WAY 30 ACRE RPUD LEGAL DESCRIPTION Parcel 1 The West 1/2 of the East 1/2 of the Northeast 1/4 of the Southwest 1/4 of Section 14, Township 50 South, Range 26 East, Collier County,Florida. Parcel 2 The East 1/2 of the East '/2 of the Northeast 1/4 of the Southwest 1/4 of Section 14, Township 50 South,Range 26 East, Collier County,Florida. Parcel 3 The East 1/2 of the West 1/2 of the Northeast 1/4 of the Southwest %4 of Section 14, Township 50 South, Range 26 East, Collier County,Florida. Page 8 of 11 H:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-17-2014.docx EXHIBIT E LORD'S WAY 30 ACRE RPUD LIST OF REQUESTED DEVIATIONS FROM LDC PRIVATE ROADWAY WIDTH 1. Deviation No. 1 seeks relief from LDC Section 6.06.01, Private Roadway Width, which requires a 60-foot right-of-way width, to allow that the private roadway shall have a minimum 42 foot right-of-way width. DRAINAGE EASEMENT WIDTH 2. Deviation No. 2 seeks relief from LDC Section 6.01.02.B.2, Drainage Easements, which requires that an easement shall be no less than 15 feet in width to allow for an easement that is no less than 10 feet in width for storm drainage pipes less than 24" in diameter and with an invert no more than 6 feet from finished grade. All installations will follow OSHA and ACPA Standards. PERIMETER WALL/FENCE HEIGHT 3. Deviation No. 3 seeks relief from LDC Section 5.03.02.0 Fences and Walls and Section 4.06.02.C.3, Types of Buffers, which limit the fence or wall height to 6 feet, to allow a perimeter wall or fence and berm in combination up to thirteen (13) feet in height, (including an eight (8) foot fence or wall installed on the perimeter berm, which will be between 2 and 5 feet in height). SIDEWALKS 4. Deviation No. 4 seeks relief from LDC Section 6.06.02.A.1, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks on both sides of the street, to allow a single eight (8) foot-wide sidewalk on only one side of a street where the street is adjacent to the preserve. AMENITY SITE LANDSCAPE BUFFERS 5. Deviation No. 5 seeks relief from LDC Section 4.06.02.C.2, Buffer Requirements, which requires a typical Type "B" buffer width of 15 feet, to allow such buffers on the Amenity Center/Clubhouse tract, if constructed, to be a minimum of 10 feet in width with Type "B" buffer vegetation installed. Page 9 of 11 H:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-17-2014.docx CA EXHIBIT F LORD'S WAY 30 ACRE RPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS A. When the Collier Boulevard at The Lord's Way intersection at CR-951 is signalized upon meeting warrants, the cost of the signalization of this intersection will be shared proportionately among the Owner and other developments located in the area (east and west of C.R.951) and at no cost to Collier County and without road impact fee credits. These improvements are site-related improvements and shall not be eligible for impact fee credits. B. If at the time of application of the first plat or first Site Development Plan (SDP) for this development, The Lord's Way along the development's frontage is not improved to County standards for a two-lane paved local road, The Lord's Way shall be constructed by the developer to the County's standards for a two-lane paved local road from the eastern terminus of the existing paved The Lord's Way to a point adjacent to the eastern property line of the development. This shall include an eastbound right-turn lane into the development. Stormwater management for this segment of road shall be accommodated in the stormwater management system of this development. This shall occur prior to the issuance of a Certificate of Occupancy (CO) for the first building permit within the project. These improvements are site-related and shall not be eligible for impact fee credits. C. A 6"thick, 5-foot wide concrete sidewalk shall be installed on the south side of The Lord's Way along the frontage of the development prior to the issuance of the first CO for any residential building permit within the project. 2. UTILITY REQUIREMENTS A. The development shall be subject to application for and conditions associated with a water and sewer availability letter from Collier County Utilities Division. 3. PLANNING A. The developer, it successor or assignee, shall provide to any potential resident a disclosure statement with respect to the noise that is associated with the Swamp Buggy Races located at 8250 Collier Boulevard, Naples, Florida within the Florida Sports Park (within the Hacienda Lakes RPUD) as it relates to the location of this RPUD. The statement shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which may be heard on the Lord's Way 30 Acre PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. This statement must be presented to the buyer prior to entering into any sales contract. Page 10 of 11 H:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-17-2014.docx CA B. Within 120 days of approval of this PUD, Owner shall record in the public records of Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy grounds. This notice shall disclose that the Florida Sports Park and Swamp Buggy operations regularly generate noise which can be heard on the PUD property, both during the day and into the evening, including but not limited to, noise from swamp buggy racing, tractor pulls, festivals, and music concerts. The legal description of the PUD shall be attached to the notice. C. The eastern boundary of the RPUD shall be landscaped in accordance with the requirements for a Type C buffer. D. All residential buildings shall be constructed in a manner to provide an exterior ambient sound level reduction of SLR 35 decibels, consistent with the provisions of LDC Subsection 4.02.06.N.6.g. 4. PUD MONITORING A. One entity (hereinafter 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 Lord's Way 30, 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 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 acknowledgement 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. 5. DENSITY CALCULATION AND TRANSFER OF DEVELOPMENT RIGHTS (TDR) CREDITS A. A density calculation and TDR Credit tracking sheet shall be submitted with each Site Development Plan (SDP) and/or plat for the redemption of TDR Credits needed for the project. Page 11 of 11 H:\2013\2013023\WP\POST CCPC\Lord's Way 30 Acre RPUD(PUDZ-PL20130000827)1-17-2014.docx it FLORIDA DEPARTMENT of STATE,. RICK SCOTT KEN DETZNER Governor Secretary of State March 17, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66,Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-11,which was filed in this office on March 17, 2014. Sincerely, Liz Cloud Program Administrator LC/elr Enclosure R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us