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Ordinance 2014-16 ORDINANCE NO. 14- 1 6 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 MOBILE HOME (MH) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 44 RESIDENTIAL DWELLING UNITS FOR A PROJECT TO BE KNOWN AS THE DOCKSIDE PLANNED UNIT DEVELOPMENT. THE SUBJECT PROPERTY IS LOCATED EAST OF COLLIER BOULEVARD (CR 951) ON HENDERSON CREEK DRIVE IN SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 6.0± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130001163) WHEREAS, Wayne Arnold of Q. Grady Minor and Associates, P.A., representing Real Estate Technology Corporation of Naples, 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 3, Township 51 South, Range 26 East, Collier County, Florida is changed from a Mobile Home (MH) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a 6.0+ acre parcel to be known as the Dockside Planned Unit Development in accordance with Exhibits A through E, 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. Dockside RPUD/PUDZ-PL20130001163 Page 1 of 2 Rev. 3/18/14 CAS PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 22fAday of AI) ( , 2014. ATTEST: ;jq°°°°°.; BOARD OF COUNTY COMMISSIONERS DWIGHT EI11R K; CLERK COLLIER COUNTY, FLORIDA B Y " % BY: . Deputy Cier- , t TOM H NN ► , Chairman Attest asto'Giairman' ' ✓ signature only • Appro ed as to form and legality: He di Ashton-Cicko Managing Assistant County Attorney Attachment: Exhibit A- Permitted Uses Exhibit B-Development Standards Exhibit C-Master Plan Exhibit D-Legal Description Exhibit E-List of Developer Commitments CP\13-CPS-01248\46 This ordinance filed with the Secretary of State's Office ttle day of l y- ond acknowledgement of that filin received this ..K.-,1-5---day' of.Ark \, 201 . 8y oo Dockside RPUD/PUDZ-PL20130001163 Page 2 of 2 Rev. 3/18/14 0 EXHIBIT A FOR DOCKSIDE RESIDENCES RPUD Regulations for development of the Dockside Residences RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the 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. PERMITTED USES: A maximum of 44 dwelling units shall be permitted within the RPUD. 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: RESIDENTIAL A. Principal Uses: 1. Dwelling Units - Multiple-family and townhouse. 2. 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 the Hearing Examiner. B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 3. Accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to garages, carports, swimming pools, spas and screen enclosures. 4. Essential services as described in Section 2.01.03 of the LDC. 5. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or the Hearing Examiner. 6. Mooring for a maximum of nine vessels shall be permitted as accessory to residential dwellings. Dockside Residences RPUD Page 1 of 7 CCPC rev 3/18/2014 7Th C�J RECREATION A. Principal Uses: 1. Clubhouses, no restaurants shall be permitted. 2. Community administrative facilities. 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters (private intended for use by the residents and their guests only). 4. Indoor or outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, parks, playgrounds, pedestrian/bikeways, and passive and/or active water features (private intended for use by the residents and their guests only). 5. 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") and the Hearing Examiner by the process outlined in the Land Development Code (LDC). B. Accessory Uses: 1. Community maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, utility pumping facilities and pump buildings, utility and maintenance staff offices. 2. Any other use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals. TREE PRESERVATION AREA The tree preservation area is the area where existing native trees shall be retained or supplemented with native plantings. Structures shall be permitted subject to the development standards for the Recreation Area in Exhibit B. A. Uses permitted: 1. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. Mooring for a maximum of nine vessels shall be permitted as accessory to residential dwellings. Dockside Residences RPUD Page 2 of 7 CCPC rev 3/18/2014 • 2. Any other use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or the Hearing Examiner. DEVELOPMENT STANDARDS Exhibits B sets forth the development standards for land uses within the Dockside Residences RPUD 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 SDP or subdivision plat. Dockside Residences RPUD Page 3 of 7 CCPC rev 3/18/2014 EXHIBIT B FOR DOCKSIDE RESIDENCES RPUD DEVELOPMENT STANDARDS STANDARDS*3 TOWNHOUSE MULTI-FAMILY RECREATION Minimum Lot Area 1,800 SF N/A N/A Minimum Lot Width 18 feet N/A N/A Minimum Lot Depth 100 feet N/A N/A Min. Front Yard Setback*2 20 feet 20 feet N/A Min.Side Yard Setback 0 or 5 feet 10 feet N/A Min. Rear Yard Setback Principal 15 feet 15 feet N/A Accessory 10 feet 10 feet Maximum Building Height Zoned 30 feet 30 feet 30 feet Actual 35 feet 35 feet 35 feet Minimum Distance Between Structures 10 feet 1 Story—12' N/A Principal Structures *1 2 Story—20' Floor Area Min. (S.F.), per unit 750 SF 750 SF N/A Min. PUD Boundary Setback 15 feet 20 feet 15 feet Min. Preserve Setback N/A N/A N/A ACCESSORY STRUCTURES 3r a"... 'I , Min. Front Yard Setback 20 feet 20 feet N/A Min.Side Yard Setback 5 feet 0 feet*1 equal to buffer width Min. PUD Boundary Setback 15 feet 15 feet 15 feet Minimum Distance Between 0/10 feet 0/10 feet 0 feet Structures Maximum Height Zoned 25 feet 25 feet 20 feet Actual 30 feet 30 feet 25 feet Minimum lot areas for any unit type may be exceeded. The unit type,and not the minimum lot area,shall define the development standards to be applied by the Growth Management Division during an application for a building permit. *1—Building distance may be reduced at garages to a minimum of 0' where attached garages are provided and a 10' minimum separation is maintained,if detached. *2—Front entry garages must be a minimum of 23'from back of sidewalk. Porches,entry features and roofed courtyards may be reduced to 15'.All parking areas must remain clear of sidewalks. *3—Not applicable to riparian lines for dock/boating facilities adjacent to Henderson Creek Canal. Note:nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations Dockside Residences RPUD Page 4 of 7 CCPC rev 3/18/2014 ZONED:MH USE MOBILE HOME PARK (HOLIDAY MANOR COOPERATIVE) HDERSON CREEK DRIVE /--k___EN - - - - - s -+- -----I-- - - _ _ 15'1MDE U.E. ---T-) 1 L EXISTING DITCH 10' WIDE TYPE D I I LANDSCAPE BUFFER I I I I p II I III I I - ZONED: RMF-6 I USE:MULTI-FAMILY(HENDERSON CREEK , I 15' WIDE TYPE B VILLAGE A CONDOMINIUM) I RESIDENTIAL , RESIDENTIAL ILANDSCAPE BUFFER II� ZONED:MH IUSE:MOBILE HOME RESIDENCES 10' WIDE TYPE B LANDSCAPE BUFFER I Lii 1 i SITE DATA I IZ - TOTAL SITE AREA: 6±AC - 11.., I MAXIMUM DWELLING UNITS: 44 I I. BUFFER PER BUFFER PER NOTES I POTENTIAL POTENTIAL I RECREATION RECREATION 1. THIS PLAN IS CONCEPTUAL IN AREA NATURE AND IS SUBJECT TO I AREA i MINOR MODIFICATION DUE TO \ AGENCY PERMITTING I ' I I - REQUIREMENTS. TREE - ' PRESERVATION '. .^°° 7.. 2. ALL ACREAGES ARE I AREA 15' WIDE TYPE B APPROXIMATE AND SUBJECT - / '/ LANDSCAPE BUFFER TO MODIFICATION AT THE TIME . OF SDP OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC. M.H.W. 3. NO NATIVE VEGETATIVE N COMMUNITY EXISTS ON-SITE. I .. , NG(tEE ,- WILLOF BE THE RETAINED TREES AND NEN°'RSo IDENTIFIED AT THE TIME OF ----- ' SDP OR PLAT APPROVAL AND 1 LOCATED SOUTH OF THE . ZONED:MH RESIDENTIAL DEVELOPMENT USE:MOBILE HOME PARK 0 60' 120' AREA. (HOLIDAY MANOR COOPERATIVE) SCALE: 1" = 120' DOCKSIDE RESIDENCES RPUD SCAM _,2a• CI GradyMinor p.Gr1110'rIlOUr and 4aeuoia CS.P.\ JOB CODE: ;IH(Nl Via Del Rey tse Bonita Springs,Florida 34131 EXHIBIT C BATE Civil Engineers • Land Surveyors • Planners • Landscape Architects MASTER PLAN 12/i NAME: ](REV.J Cert.or man EB 0005151 Cert.or Auth.LB 0005151 Business LC 28000266 FILE NAVE: f xiaii G-WTFJr RAN(RE• Bonita Springs:239.947.1144 Ion nr.Gra.1rMlnor.cnm Fort Myers:239.690.4380 SHEET 1 OF 1 \\DGM.LDCAL\FILES\PLANNING\PROJ -PLANNING\HCPE - HENDERSON CREEK\DRAWINGS\EXHIBIT C- MASTER PLAN(REV4).DWG 3/6/2014 1:48 PM 9 EXHIBIT D FOR DOCKSIDE RESIDENCES RPUD LEGAL DESCRIPTION PARCEL 1: LOT 4, HENDERSON CREEK ESTATES, MORE PARTICULARLY DESCRIBED AS FOLLOWS, FROM THE INTERSECTION OF THE EAST LINE OF STATE ROAD S-951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTH LINE OF THE SOUTH %2 OF THE SOUTH 1/2 OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 89 DEGREES 23' 55" EAST 498.02 FEET PARALLEL WITH THE SAID ESTABLISHED NORTH LINE OF THE SOUTH %2 OF THE SOUTH Y2 TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 89 DEGREES 23' 55" EAST 150.00 FEET; THENCE SOUTH 00 DEGREES 38' 35" WEST 915 FEET, MORE OR LESS TO THE CENTERLINE OF A COUNTY DRAINAGE EASEMENT ACCORDING TO AN INSTRUMENT IN OFFICIAL RECORD BOOK 76, PAGE 127, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTHWESTERLY 159 FEET MORE OR LESS, ALONG SAID CENTERLINE TO A LINE BEARING SOUTH 00 DEGREES 36' 05" WEST AND PASSING THROUGH THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 36' 05" EAST 957 FEET MORE OR LESS TO THE POINT OF BEGINNING. AND PARCEL 2: FROM THE INTERSECTION OF THE EAST LINE OF STATE ROAD S-951 WITH A LINE LYING 501.493 FEET SOUTH OF THE ESTABLISHED NORTH LINE OF THE SOUTH 1/2 OF THE SOUTH Y: OF SECTION 3, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RUN SOUTH 89 DEGREES 23' 55" EAST 649.02 FEET, PARALLEL WITH THE SAID NORTH LINE OF THE SOUTH %2 OF THE SOUTH 1/2 TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 89 DEGREES 23' 55" EAST 150.00 FEET; THENCE SOUTH 00 DEGREES 38' 05" WEST 864 FEET MORE OR LESS, TO THE CENTER LINE OF A COUNTY DRAINAGE EASEMENT, ACCORDING TO AN INSTRUMENT RECORDED IN OFFICIAL RECORDS BOOK 67, PAGE 351 AND OFFICIAL RECORDS BOOK 76, PAGE 127, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTHWESTERLY 159 FEET MORE OR LESS ALONG SAID CENTER LINE TO A LINE BEARING SOUTH OODEGREES 36' 05" WEST PASSING THROUGH THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 36' 05" EAST 915 FEET, MORE OR LESS TO THE POINT OF BEGINNING. SUBJECT TO A ROAD RIGHT OF WAY EASEMENT OVER AND ACROSS THE NORTH 30 FEET THEREOF AND 15 FOOT UTILITY EASEMENT ABUTTING AND LYING SOUTH OF THE AFOREMENTIONED RIGHT OF WAY. CONTAINING 6.01 ACRES, MORE OR LESS. Dockside Residences RPUD Page 6 of 7 CCPC rev 3/18/2014 CAO, EXHIBIT E FOR DOCKSIDE RESIDENCES RPUD LIST OF DEVELOPER COMMITMENTS 1. PLANNING Building massing: No building shall contain more than 12 units, or have a wall length greater than 200 feet. 2. ENVIRONMENTAL Seventy-seven (77) native trees exist on-site. Twenty (20) of those native trees (25%) will be retained within the tree preserve area shown on Exhibit C, Master Plan, or elsewhere on site, to be determined at time of SDP. 3. TRANSPORTATION The developer will repair any damage to Henderson Creek Drive as a result of construction activity for this project. 4. PUD MONITORING 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 Real Estate Technology Corporation of Naples, 900 Broad Avenue South #2C, Naples, Florida 34102. 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. Dockside Residences RPUD Page 7 of 7 CCPC rev 3/18/2014 CAO 0/ 1*•its'. Qt ,. tei 0 FLORIDA DEPARTMENT of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 28, 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. 14-16, which was filed in this office on April 28, 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