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Ordinance 2014-15 a ORDINANCE NO. 14- 1 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 08-13 WHICH ESTABLISHED THE BRANDON RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO RETAIN THE DENSITY OF 204 RESIDENTIAL UNITS; TO REVISE THE MASTER PLAN TO CHANGE THE LOCATION OF THE ENTRANCE ROAD ON VETERANS MEMORIAL BOULEVARD, TO RECONFIGURE THE ON- SITE PRESERVE AREAS AND RECONFIGURE THE DEVELOPMENT AREA; TO REVISE DEVELOPMENT STANDARDS; TO ADD DEVIATIONS; AND TO MODIFY DEVELOPMENT COMMITMENTS INCLUDING REMOVAL OF THE AFFORDABLE HOUSING COMMITMENT. THE SUBJECT PROPERTY IS LOCATED ON THE SOUTHEAST CORNER OF LIVINGSTON ROAD AND VETERANS MEMORIAL BOULEVARD IN SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 51± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDA- PL20130001056] WHEREAS, Patrick Vanasse of RWA, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing D. R. Horton, Inc. petitioned the Board of County Commissioners to amend the Brandon Residential Planned Unit Development. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to RPUD Document. The RPUD Document, attached as Exhibits "A" through "G" to Ordinance No. 08-13 is hereby amended and supplemented with the RPUD Document attached hereto as Exhibits "A" through"J" and incorporated herein by reference. 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 B ` day of / ,r; , 2014. Brandon RPUD\PUDZA-PL20130001056 Rev. 2/25/14 1 of 2 Cq ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNT , FLORIDA B "..1'l.clt By: 09ti- Duty Clerk 4 OM HENNING, Chairman • Attest as tti`:Chairman's signature only., Approved as to form and legality: ad C/cu 0(r`::*Ai Heidi Ashton-Cicko tiw Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Residential Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E - List of Requested Deviations Exhibit F—List of Development Commitments Exhibit G—Interlocal Agreement (no change)— See Ordinance 08-13 Exhibit H—Figure 1 —Right of Way Cross Sections Exhibit I - Figure 2— Sidewalk Plan Exhibit J— Figure 6— Signage Plan CP\13-CPS-01254\38 This ordinance hied with the Sec;t tcry of - -I d:ay of cnd ackrowie::^ernent f that fifi. re_ iveci his I day of aCtl Deputy Clerk Brandon RPUD\PUDZA-PL20130001056 Rev. 2/25/14 2 of 2 CA EXHIBIT A Brandon Residential Planned Unit Development Regulations for development of the Brandon Residential Planned Unit Development (RPUD) shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. I. GENERAL USES Certain uses shall be considered general permitted uses and structures throughout the Brandon RPUD except in the preserve areas. General permitted uses and structures are those uses, which generally serve the developer and residents of the Brandon RPUD and are typically part of the common infrastructure or are considered community amenities. GENERAL PERMITTED USES AND STRUCTURES: 1. Water management facilities and related structures. 2. Common recreation amenities: should these uses be located adjacent to external properties, a 15' type B buffer with a 6' wall shall be provided between the amenity center tract and the external property. Principal structures must be set back a minimum of 30'. 3. Guardhouses, gatehouses and access control structures. 4. Temporary construction, models, sales, and administrative offices subject to a temporary use permit. II. RESIDENTIAL AREA MAXIMUM DENSITY: There shall be no more than 204 residential dwelling units permitted on the +1- 51.1 gross acres resulting in a maximum density of 3.99 units per acre. PERMITTED USES: 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. Single-family detached dwelling units (a building which contains only one dwelling unit). 2. Zero lot line dwelling units (a single family detached dwelling structure on individually platted lots which provides a side yard on one side of the dwelling and no yard on the other). Brandon RPUD PUDA-PL20130001056-Rev.02/0326/2014 Words added are underlined,words deleted are s._.gig: 1 CA EXHIBIT A Brandon Residential Planned Unit Development 3. Two-family dwelling units (a single, free-standing conventional building intended, designed, used and occupied as two dwelling units attached by a common wall or roof, but wherein each unit is located on a separate lot under separate ownership). 4. Duplex dwelling units (a single, free-standing, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership). 5. Single family attached and tTownhouse dwelling units. 6. Multi-family dwelling units. 7. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or Hearing Examiner by the process outlined in the LDC. B. Accessory Uses: Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to private garages. III. PRESERVE AREA A preserve area is delineated on the Master Plan to protect native vegetation and naturally functioning habitat in a natural or enhanced state. On-site native vegetation areas total 47.2 acres, therefore a minimum of 11.8 acres shall be dedicated as preserve area in the Brandon RPUD to meet the 25% native vegetation requirement. The Mastcr Plan attached as Exhibit C delineates 10.91 acres, which is 92% of the preserve area. The remaining 8% of preserve area (0.9 acres) shall be delineated at the time of SDP or PPL development order submittal, and shall be located Section 3.05.07.H.1.a.ii. PERMITTED USES: 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, subject to regional state and federal permits when required: A. Principal Uses: 1. Open spaces/nature preserves. 2. Boardwalks subject to appropriate approvals by permitting agencies and Collier County LDC. , however such structures shall not reduce the retained native vegetation area below the minimum required. Brandon RPUD PUDA-PL20130001056-Rev.02/026342014 Words added are underlined,words deleted are stfeek-through 2 Gp' EXHIBIT B Brandon Residential Planned Unit Development RESIDENTIAL DEVELOPMENT STANDARDS The Residential Development Standards Table that follows sets forth the development standards for the Residential Planned Unit Development (RPUD) Residential Subdistrict. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. GENERAL: Except as provided for herein, all criteria set forth 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. Brandon RPUD PUDA-PL20 130001056-Rev.02/832426/2014 Words added are underlined,words deleted are struek-through 3 Cp, EXHIBIT B Brandon Residential Planned Unit Development DEVELOPMENT SINGLE SINGLE SINGLE TWO- DUPLEX MULTI- CLUBHOUSE/ STANDARDS FAMILY FAMILY FAMILY FAMILY FAMILY RECREATION ATTACHED& ZERO LOT BUILDINGS TOWNHOUSE LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,500 S.F. 1,700 S.F. 4,500 S.F. 4,000 S.F. 8,000 S.F. 1,700 S.F. 6,000 S.F. PER UNIT PER UNIT PER UNIT PER UNIT PER UNIT MN. LOT WIDTH 1 ,4 45 FEET 17 FEET 45 FEET 40 FEET 80 FEET 90 FEET 75 FEET MIN. FLOOR AREA 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. 900 900 S.F. S.F./D.U. MIN. FRONT YARD 2,5 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET MIN.SIDE YARD 6-5_FEET 0 OR 7.5 0 AND 12 0 AND 6 FEET 6 FEET 10 FEET 10 FEET FEET FEET MIN. REAR YARD 3 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET 15 FEET MIN. PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN -1-2-10 FEET 0 OR 15 FEET 12 FEET 0 OR 12 FEET 12 FEET >20 FEET 10 FEET STRUCTURES or 1/2 BH, whichever is greater MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 50 FEET 35 FEET HEIGHT 3 STORIES MAX.ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 55 FEET 40 FEET HEIGHT 3 STORIES ACCESSORY STRUCTURES MIN. FRONT YARD SPS SPS SPS SPS SPS SPS SPS MIN.SIDE YARD SPS SPS SPS SPS SPS SPS SPS MN. REAR YARD 3 0 FEET from 0 FEET from a 0 FEET from 0 FEET from a 0 FEET from 0 FEET from 0 FEET from a a LME or LBE LME or LBE& a LME or LME or LBE& a LME or LBE a LME or LME or LBE& 5 FEET FEET LBE5 FEET FEET 5 FEET LBE 5 FEET FEET MIN. PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MIN. DISTANCE BETWEEN 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 10 FEET 5 FEET PRINCIPAL& DETACHED ACCESSORY STRUCTURE MAX. ZONED BUILDING 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET HEIGHT MAX.ACTUAL BUILDING 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET HEIGHT 'On cul de sac lots and lots on the inside part of a curved street,the minimum lot width may be reduced by 30%,provided the minimum lot area requirement shall be maintained. 2.Front Yard setbacks shall be measured from back of curb .Where there are fFront-loading garages she-II-bee minimum set back -minimum of 23 feet shall be provided from edge of sidewalk or 23 feet from the edge of pavement where no sidewalk is provided. For side-loading garages,a parking area of 23 feet in depth shall be provided to avoid parking of a vehicle across the referenced sidewalk or pavement. 3 For lots adjacent to a lake,no structures shall be permitted in the required 20 foot lake maintenance easement. 4.The use of flag lots is allowed in the subdivision design and may vary from the minimum lot widths,However,neither the minimum lot area.nor the minimum distance between structures may be reduced.Flag lots shall be permitted in accordance with deviation#12. 5.Corner lots shall have one front,one rear and two side yards.The front yard shall be that lot line that has the shortest frontage on a right of way. LBE= Landscape Buffer Easement LME= Lake Maintenance Easement Brandon RPUD Words added are underlined,words deleted are struck through (3 4 PUDA-PL20 130001056-Rev.02/032426/2014 • .‘ . EXHIBIT C I S' j I, MEDIIERRA RE9DCN1Au 0:1,U VETERANS MEMORIAL BOULEVARD ------- -- R\-15'TYPE _j,... 1 10'TYPE-- I "D R L- _BUFFER I "A"BUFFER III R 15'TYPE 0 u' "B" BUFFER URBAN R. RESIDENTIAL "AO,B BUFFER /� R R \ 1 l/PUD 10'TYPE--.1 FR 1 �.J"K BUFFER -- %// I I 1 ot>-ROSA R �/ R _-AoBuyr /e ' ■ 1 i I ST-SPECIAL I t 0'TYPE • TREATMENT I % A ,HAKE r •A•BUFFER 1 OVERLAY % I I r� :AO BUFFER i 1 o I 11 I - I I ST-SPECIAL I I g 1i TREATMENT W e r 1 ' L - - AO SOF / 1 I K BUFFER OVERLAY I z REQUIRED O C I' SERVE ' REQUe9ED I 1 1 I \ :,' ABUFF - J R TYPE R •A•BUFFER D"BUFFER R % \ ��I t ,,`irpT . R LAND USE KEY \ ,.•, �i / 0}TYPE 0 RESIDENTIAL (R) '\ RESERVE" NO BUFFER "A"BUFFER URBAN —SINGLE FAMILY v �i�, REQUIRED RE9DENIIAL 1 1 -TWO FAMILY -O N.. '" . / -SINGLE FAMILY ZERO LOT LINE 4 -DUPLEX �'m^ ` vm-' PaN1E . -MULTIFAMILY *+ ;s� -COMMON AREAa+ ;: 1 -OPEN SPACE 1 ',,,,Z.,4:',.',,,, ,.. :••••. I -WATER MANAGEMENT AREAS ' °a:. -RECREATION FACILITY ti,., ,, ., 5 y"- if 4� PROJECT LAND USE ''° � -0 RESIDENTIAL (R) 27.87 ACt .yam\ ��- LAKES 4.42 AC± `\�,'� ; t \ PRESERVE REQUIRED 11.81 ACt ,, .U 'v PRESERVE PROVIDED/SHOWN 11.82 AC± `\' t, ... \ ROADS/ROW 6.77 AC± TOTAL NET ACREAGE 51.10 AC± LEGEND - MINIMUM OPEN SPACE(60%) 30.66 ACt . V' A PRESERVE AREA DENSITY: 204 UNITS/51.1 AC. = 3.99 UNITS PER ACRE ri11.r.r.rial WATER MANAGEMENT AREA RPUD MASTER PLAN NOTES RPUD BOUNDARY RIGHT OF WAY 1. THE FACILITIES AND IMPROVEMENTS SHOWN ON THIS PUD - -•-SPECL4L TREATMENT ZONE MASTER PLAN SHALL BE CONSIDERED CONCEPTUAL IN NATURE. 2. THE DESIGN, LOCATION, AND CONFIGURATION OF THE LAND PUD ZONING CLASSIFICATION IMPROVEMENTS SHALL BE DEFINED AT EITHER SDP APPROVAL, LUC LAND USE CLASSIFICATION OR CONSTRUCTION PLANS AND PLAT APPROVAL. R RESIDENTIAL AREA e.o MAJOR ACCESS POINTS E-- " RESERVED INTERCONNECTION DIITAINC. DA /21/14 CLIENT: Planning D.R. HORTON INC. VielAli�nlion CONSULTING (evil Engmening N.T.S. Z L Y 1 Surveying&Mapping DRAwNRn 66W TITLE: 6610 Willow Park Drive,Suite 200 P.T.N. BRANDON RPUD MASTER PLAN Naples,Florida 34109 CAD m, (239)597-0575 FAX:(239)597-0578 M.E. www.consull-rwa.com Florida Certificates ofAuthorization e1NS TM*' AGE' PROJECT 130003.00.03 SHEET 1 1 FILE 1300030003P02 E87663 L86952 13 48S 25E MJlUER NUMBER Or NUMBBt ' C EXHIBIT D Brandon Residential Planned Unit Development The subject property,being 51.1+acres, is described as: PARCEL ID 00149640004: THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. PARCEL ID 00148120004: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. PARCEL 00149520001: THE NE 1/4 OF THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST. PARCEL 00149480002: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4) OF THE NORTHWEST ONE QUARTER(NW 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND THE NORTHWEST ONE- QUARTER (NW 1/4) OF THE NORTHWEST ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. PARCEL 00149800006: THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE-QUARTER(NW 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; AND THE NORTHWEST ONE- QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA; PARCEL 00151120004: THE SOUTHEAST ONE-QUARTER (SE 1/4) OF THE NORTHWEST ONE-QUARTER(NW 1/4) OF THE NORTHEAST ONE-QUARTER(NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; PARCEL 00148400009: THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; Brandon RPUD PUDA-PL20130001056-Rev.02/032,C/2014 Words added are underlined words deleted are 6 CP EXHIBIT D Brandon Residential Planned Unit Development PARCEL 00150960003: THE E.1/2 OF THE N.1/2 OF THE S.W. 1/4 OF THE S.W. 1/4 OF THE N.E. 1/4 SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THE WEST 15 FEET OF THE DESCRIBED PROPERTY IS RESERVED FOR EASEMENT PURPOSES. LESS A PARCEL OF LAND LOCATED IN THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88°20'15"W., ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16 FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N.00°36'50"W., ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE CONTINUE N.00°36'50"W.,ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 336.73 FEET, TO THE SOUTHWEST CORNER OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN N.88°31'06"E., ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 331.82 FEET, TO THE SOUTHWEST CORNER OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13,AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE RUN N.00°36'15"W., ALONG THE WEST LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 180.39 FEET, TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST, WHOSE RADIUS POINT BEARS N.55°10'01"E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07°1823", SUBTENDED BY A CHORD OF 225.86 FEET AT A BEARING OF S.38°29'1 l"E., FORA DISTANCE OF 226.01 FEET, TO THE END OF SAID CURVE AND A POINT ON THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S.88°31'06"W.,ALONG THE SOUTH LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE Brandon RPUD PUDA-PL20130001056-Rev.02/9326/2014 Words added are underlined,words deleted are 7 CP EXHIBIT D Brandon Residential Planned Unit Development NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF 138.70 FEET TO THE POINT OF BEGINNING, CONTAINING 0.27 ACRES,MORE OR LESS. PARCEL 00149680006: THE SW 1/4 OF THE NW 1/4 OF THE SE 1/4 OF THE NE 1/4 OF SECTION 13,TOWNSHIP 48 SOUTH,RANGE 25 EAST. PARCEL 00148160006: THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF THE NE 1/4, SECTION 13, TOWNSHIP 48 SOUTH,RANGE 25 EAST, COLLIER COUNTY,FLORIDA. PARCEL 00149440000: THE SOUTHEAST ONE-QUARTER (SE-1/4) OF THE NORTHEAST ONE-QUARTER (NE-1/4) OF THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST ONE-QUARTER(NE-1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. PARCEL 00151200005: THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST ONE-QUARTER (NE-1/4) OF THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE NORTHEAST ONE-QUARTER(NE-1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST. PARCEL 00148080005: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N.88°57'29E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 862.17 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD, A 275.00 FOOT RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N.88°57'29"E., ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 133.12 FEET TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTEROF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN N.00°07'26"W. ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 672.76 FEET TO THE NORTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.88°59'57"W., ALONG THE NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 331.87 FDEET TO THE NORTHWEST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.00°08'03"E, ALONG THE WEST LINE OF THE WEST HALF OF THE Brandon RPUD PUDA-PL20130001056-Rev.02/832 /2014 Words added are underlined,words deleted are 8 C EXHIBIT D Brandon Residential Planned Unit Development SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF TEH NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.50 FEET TO THE NORTHEAST CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,THENCE RUN S.88°58'45"W., ALONG THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 193.14 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD A 275.00 FOOT RIGHT-OF-WAY, THE SAME BEING A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.48°19'14"E. A DISTANCE OF 1772.36 FEET THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 16°37'26", SUBTENDED BY A CHORD OF 512.43 FEET AT A BEARING OF S.49°59'30"E., FOR A DISTANCE OF 514.23 FEET TO THE POINT OF BEGINNING; CONTAINING 5.25 ACRES,MORE OR LESS. Brandon RPUD PUDA-PL20130001056-Rev.02/9326/2014 Words added are underlined,words deleted are stfnek-t#eugh 9 EXHIBIT E Brandon Residential Planned Unit Development LIST OF REQUESTED DEVIATIONS Deviation #1 seeks relief from LDC, Section 6.06.01.N (also Code of Laws and Ordinances Administrative Code Section 12 12.C.13.e) which requires minimum local street right-of-way width of 60 feet, to allow a 50' right-of-way width for the internal streets and a 50' right-of-way that includes public utilities when preserves are adjacent to the right-of-way. See Figure 1. Minimum right of way width of 50 feet is requested for local streets within the Brandon RPUD. This deviation is justified because of the small scale setting of the neighborhood. This addresses concerns that a larger road right of way is conducive to higher speeds, and physical design of the broader road right of way becomes less articulated and does not relate to the neighborhood scale. A 50 foot right of way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while accommodating all utility and drainage needs. The 50 foot right of way accomplishes traffic calming to provide a safer transportation system within the neighborhood. This the development is compact, the native vegetation is less impacted, and open spaces can be Additionally, if an access road is designed to connect to the existing 40 foot wide public access casement located at the northwest boundary of the Verona Pointc subdivision, the applicant requests a access easement. Deviation #2 seeks relief from LDC Section 6.06.02.A, which requires construction of five-foot wide sidewalks on both sides of local streets, to allow a single five-foot wide sidewalk on one side of the internal cul-de-sac road rights-of-way and a single five-foot wide sidewalk on the spine road only where there is a preserve adjacent to the right-of-way. The remainder of the spine road will meet LDC Section 6.06.02. See Figure 2. Deviation #2 #3 DELETED Gecks relief from Code of Laws and Ordinances Administrative Code Section 2 12.C.13.j. which requires tangents for all streets between reverse curves, unless otherwise approved by the County Manager, or his designee, pursuant to LDC, Section 10.02.04. Tangents shall not be required between reverse curves on any project streets. This deviation is justified because it is consistent with the Code provision for administrative discretion. The streets • -• -- . .. _ : - . - . : - : ,: ity or speed level to require tangents between speed limit of 25 mph,the design promotes traffic calming. Deviation #t3#4 seeks relief from Code of Laws and Ordinances Section 22-112 which requires allows fei-excavated areas a-to have a maximum four to one slope from existing grade to a breakpoint at least 10 feet below the control elevation, to allow 8.5 feet below control elevation. ' , - . -. This equates to 3 ft. below documented low water elevation/dry season water table. The Engineering Review Service Department Director has approved this deviation in accordance with Section 22-112. Brandon RPUD PUDA-PL20130001056-Rev.02/832426/2014 Words added are underlined,words deleted are strue#-through 10 EXHIBIT E Brandon Residential Planned Unit Development standards. as identified in Drainage Details & Cross Sections, Sheet 11. Additional reduction in that • , , . • • coming out of the proposed lake cross section. Deviation #5 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' along the perimeter of the project and where abutting an existing public roadway, allow a 15'tall wall/berm combination. Deviation # 6 seeks relief from LDC Section 4.06.02.C.4. which requires a 20' wide type D buffer along a public right-of-way for developments greater than 15 acres, to allow a 15' type D buffer in conjunction with the proposed increased height for the perimeter berm/wall combination requested in Deviation #5. Deviation #7 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary banner sign up to a maximum of 60 square feet in area. The temporary banner signs shall be limited to maximum of 180 days during season defined as November 1st to April 30th per calendar year. Deviation #8 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development, to allow for one (1) ground sign known as "Boundary Markers" on Livingston Road and one on Veterans Memorial Blvd. These `Boundary Markers" would be in addition to the project entrance signs. The proposed `Boundary Markers" will be permitted at a maximum height of 10' and sign area of 32 s.f. per sign. Deviation #9 seeks relief from LDC Section 5.06.02.B.6. which permits ground entrance signage only on-site within residential zoning districts. to allow one of two ground entrance signs OR a median ground sign at the Livingston Road entrance to be located on the County right-of-way remnant triangle piece left over from the construction of Livingston Road. The off premise sign may be permitted if a right of way permit is approved or if the remnant parcel is purchased by the owner of the Brandon RPUD. See Figure 6. Deviation #10 seeks relief from LDC Section 5.06.02.B.5, which requires on-premise directional signs to be setback a minimum of 10' from internal property lines, to allow for on-premise directional signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. Deviation #11 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s. f. per sign, to allow for two (2) ground signs per project entrance with a maximum height of 1.0' and sign area up to 80 s. f. per sign allowing a total sign area of 160 s.f. Deviation #12 seeks relief from L,DC Section 1.08.02. "Lot measurement width", to allow a minimum frontage on the internal streets to be 22 feet as measured by the cord method to permit flag lots. Deviation#13 seeks relief from L,DC Section 4.06.05.J. Slope Table to allow sod as the planting material for 3:1 slopes with a maximum height of 2 feet. Brandon RPUD PUDA-PL20130001056-Rev.02/032426/2014 Words added are underlined,words deleted are struck-through 11 EXHIBIT E Brandon Residential Planned Unit Development Deviation #14 seeks relief from. LDC section 4.06.02.0 that requires a 15' Type B buffer between amenity centers and residential uses to allow a Type B buffer with a 6' wall within a 10' width for internal residential uses. A Disclosure on the location of the amenity center site must be provided to all buyers. Brandon RPUD PUDA-PL20130001056-Rev.02432426/2014 Words added are underlined,words deleted are 12 EXHIBIT F Brandon Residential Planned Unit Development DEVELOPMENT COMMITMENTS GENERAL: Development of the Brandon RPUD is proposed for completion in 2012. 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 Fullerton Bonita, 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. The Managing Entity is also the developer under the subheading INDEMNIFICATION AGREEMENT on Exhibit F. TRANSPORTATION: A. All traffic control devices, signs, pavement marking, and design criteria shall be in Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices(MUTCD), current edition. B. Access points shown on the RPUD Master Plan arc considered to be conceptual. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment C. Site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be egress for construction related traffic shall be in place and operational prior to commencement of on site construction. D. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress, or a median epening, ner the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. Collier County reserves the right to close any median opening existing Brandon RPUD PUDA-:PL2013000105 6-Rev.02/832426/2014 Words added are underlined,words deleted are 13 C EXHIBIT F Brandon Residential Planned Unit Development at any time which is found to be adverse to the health, safety, and welfare of the public. Any such modifications shall be based on, but not limited to, safety, operational circulation, and roadway capacity. E. If any required turn lane improvement requires the use of any existing County rights of not differ from the existing roadway unless approved, in writing, by the Transportation Road, the County shall return the compensating right of way back to the developer, its successors,or assigns. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign,pavement marking improvement within any public right-of-way or easement, or site related improvements (as opposed to system related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, are determined to be necessary, the fair share cost of such improvement shall be the responsibility of the developer, its successors or assigns. The improvements shall be paid for or installed prior to the issuance of the appropriate, corresponding CO. Additionally, proportionate fair share payment will be determined by a traffic study and will be paid by the developer to Collier County prior to SDP or PPL approval consistent with the terms of the attached Exhibit G, entitled "Interlocal Agreement by and between Collier County and the School District of Collier County" dated August 16, 2007(OR Book 4281, Page 1295). G. The interconnection point via Verona Pointe shown on the RPUD Master Plan is upon perpetual cross access easement dedications from affected property owners being days of adoption of the Brandon RPUD Ordinance. If perpetual cross access easement RPUD Ordinance, then upon notification by Transportation Staff, the developer, or road right of way (which will include a single 5 foot sidewalk in the typical section) cross access easements. The private cross access easements, once recorded, shall be the access driveway along Livingsten Reed censtructed as shown on the Brandon RPUD connection through Verona Pointe. Brandon RPUD PUD A-:PL20130001056-Rev.02/032426/2014 Words added are underlined,words deleted are$t-Fuek-thfough 14 GP EXHIBIT F Brandon Residential Planned Unit Development If the cross access casements are not obtained within 90 days of adoption of this driveway shown on the Brandon RPUD Master Plan. Once the perpetual cross access . . - . . . . - . .: . H. All internal roads, driveways and sidewalks within the Brandon RPUD shall be operated B. Access points for connection to off-site properties to the east are shown on the RPUD Master Plan. The costs for providing access through each access point for interconnection will be determined by the developer and such landowners as may desire to use any one or more access point(s), or in the alternative, as provided for by general law. Once Developer obtains both the SFWMD and ACOE permits, he shall notify by certified mail the 8 lot owners to the east of the RPUD and the owner of the Center Pointe Church property (or any subsequent legal purchasers of any of these properties) that the permits have been issued. The notified owners shall have three years from receipt of the notification to reach an agreement for the use of these access points. C. The Developer shall provide an access easement to the Center Pointe Church parcel. The access easement shall be located in the south east corner of the RPUD property. The access easement shall not exceed one-tenth of an acre in size. The access easement shall be free and clear of all encumbrances except for a conservation easement to state agencies which may be modified at the Center Pointe Church property owner's expense. The owner of the Center Pointe Church parcel shall design,permit, mitigate and construct the access. In addition, the owner of the Center Pointe Church parcel shall not permit access in the access easement until the SFWMD permit modification, Application No. 140121-21/Permit No. 11-03477-P, is approved. WATER MANAGEMENT: The Brandon RPUD conceptual surface water management system is described in the SFWMD ERP Permit No. 11-03477-P . - _ --- ' -::-, which has been included in the RPUD rezone application materials. Water management infrastructure shall be operated and maintained by the developer until conveyed to the homeowners' association. UTILITIES: Brandon RPUD PUDA-:PL20130001056-Rev.02/0.32426/2014 Words added are underlined,words deleted are stpuek--thFaugh 15 CP EXHIBIT F Brandon Residential Planned Unit Development A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way or within dedicated utility easements shall be conveyed to the Collier County Public Utilities Division. B. All customers connecting to the potable water and sanitary sewer system shall be customers of the Collier County Public Utilities Division. ENVIRONMENTAL: A. Special Treatment(ST) Overlay District designations shall be eliminated from the subject ProPeFt-y. B. All preserve areas shall be identified as separate tracts and be protected by a permanent conservation easement to prohibit further development. Conservation casements shall be . --- . . ! ' . .. . , . . - . ' . . •. .-, • -• GA. - . ' . _ .. . . •- protected species. A Habitat Management Plan for Big Cypress Fox Squirrel shall be submitted to Environmental Review Staff for review and approval prior to SDP or subdivision plat approval. INDEMNITY AGREEMENT: The developer agrees to indemnify, defend, and hold harmless the County in the event of the County being named in any suit brought by adjacent or nearby land owners of undeveloped property to establish lawful access, including defending the County's interest at hearing or trial; except that the developer will not be responsible for any expenses for outside counsel that the County may otherwise seek to retain in such matter. AFFORDABLE HOUSING: . . -. • _ . • _ ---. •- .. , •_ :-, . •. . :. •--, preview Brandon RPUD PUDA-:PL20130001056-Rev.02/932+426/2014 Words added are underlined,words deleted are struek-through 16 GP f PRESERVE 50' RIGHT—OF—WAY PRESERVE N__...... _ 25' 25' 1 1.5' 1.5'2' 10' 10' 2' 6' 1' 4' _ TRAVEL LANE -TRAVEL LANE' CONCRETE I 4' SIDEWALK TYPE "F" 14 8-15.3 RIP—RAP OR 14.8 15.0 CURB 14.2-15.0 I RETAINING WALL RETAINING WALL 12 7' ' �.� — - r— 4' MqX 4�.1�N'P 9 w 14.3 EXISTING GRADE -:i:.�.31 MPX� ° o EXISTING GRADE_ 1 1.2± 000 t v 1 1.2± PRIVATE 5.0' PVC UTILTIES WATER 3:1 (MAX) MAY BE MAIN CONSTRUCTED AS SLOPE ALTERNATIVE PVC GRAVITY SEWER TYPICAL RIGHT-OF-WAY CROSS SECTION ADJACENT TO PRESERVE ON BOTH SIDES N.T.S. PRESERVE 50' RIGHT—OF—WAY _ LOT N--"--N--"--25' 25' __ 10' PUE 11.5' 1.5 2' 10' 10' 2' 2' 5' I 6' TRAVEL LANE TRAVEL LAN I•NCRT=4 VALLEY .IDEWALK TYPE "F" GUTTER RIP—RAP OR 14.8-15.0 CURB 14.2-15.0 RETAINING WALL 12.7' 4...1 040 f— — ■ • o- EXISTING GRADE l''''..`3.1 MPXI o > 11.2± 000 NI-(..) PRIVATE UTILITIES 5.0 PVC WATER 3:1 (MAX) MAY BE MAIN CONSTRUCTED AS SLOPE ALTERNATIVE PVC GRAVITY SEWER TYPICAL RIGHT-OF-WAY CROSS SECTION ADJACENT TO PRESERVE ON ONE SIDE N.T.S. D%XTA SATE nvG 02/21/14 CLIENT: D.R. HORTON, INC. SCALE: CONSULTING Civil Engineering N.T.S. A. ■ V VA. 1 Surveying do Mapping DRAWN BY: TITLE: BRANDON R P U D AMENDMENT 6610 Willow Park Drive,Suite 200 PTN Naples,Florida 34109 CHECKED BY: FIGURE 1 (239)597-0575 FAX:(239)597-0578 ME www.consult-rwa.com Florida Certificates of Authorization SEC: TWP: RGE: PROJECT 30003.00.03 SHEET 1 NUMBER: FIGURE1 EB7663 LB6952 13 48S 25E NUMBER: L NUMBER: OF 17 E' IIe:. IT_ H 0 ,J L _ ...._ _ ____ _ _ _ _ _ _ VETERANS MEMORIAL BOULEVARD � -{l�l - - SIDEWALK II (`� SIDEWALK .JU \SIDEWALK LEGEND: I S ra IDEWALK 7 SIDEWALK I 1 '..\\,-SIDEWALK J I L I \ re, 1 / J \ SIDEWALK \ / SIDEWALK o \ SIDEWALK � \SIDEWALK E \ \ BOA NI-916 N. D\ATA DATE. INC CLIENT: Planning 10/8/13 D.R. HORTON, INC. SCREE: CONSULTING Civil Engineering 1" = 400' i V VA. Surveying DRAWN BY: TITLE: BRANDON RPUD AMENDMENT 6610 Willow Park Drive,Suite 200 PTN Naples,Florida 34109 CHECKED BY: SIDEWALK PLAN - FIGURE 2 (239)597-0575 FAX:(239)597-0578 www.consult-rwa.com Florida Certificates of Authorization SEC: TWP: RGE: PROJECT 130003.00.03 SHEET FILE FIGURE2 EB7663 LB6952 13 48S 25E NUMBER: L�NUM/BER: OF NUMBER: 18 E�/PHI1 I T 0 CONCEPTUAL LOCATION OF OFFSITE SIGNS OPTION - A APPROXIMATE LOCATION OF OFFSITE SIGN BRANDON PROPERTY BOUNDARY OPTION - B APPROXIMATE LOCATION OF OFFSITE SIGN ONSITE ENTRANCE SIGN NOTE: -SIGNS & ARCHITECTURAL FEATURE SHALL MEET SIGHT DISTANCE TRIANGLE REQUIREMENT. -FIGURES PROVIDED FOR ILLUSTRATIVE PURPOSES. DAATA1NC. _s„_ ,. DATE: FEB., 2014 CLIENT: D.R. NORTON, INC. l:^..ion SCALE: CONSULTING a N.T.S. i 6 O A. & DRAWN BY: TITLE: BRANDON RPUD AMENDMENT 6610 Willow Park Drive,Suite 200 M.F.G. Naples,Florida 34109 CHECKED 6Y: S I G N AG E - FIGURE 6 (239)597-0575 FAX:(239)597-0578 www.consult-rwa.com M.E. Florida Certificates of Authorization SEC TWP: ROE: PROJECT SHEET FILE EB7663 LB6952 13 48S 25E NUMBER: 1 30003.00.03 NUMBER: 1 OF � NUMBER: FIGURE 6 19 EIHt6 IT T GA 9, KX+ts .E n FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 11, 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. 14-15, which was filed in this office on April 11, 2014. Sincerely, Liz Cloud Program Administrator LC/mrh 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