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Backup Documents 01/13/2015 Item #17A PubZ--PL20140000340 1/13/15 Collier 36 RPM COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 17 A , To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Wednesday,December 24,2014, and furnish proof of publication to the attention of Kay Deselem, Principal Planner in the Planning & Zoning Department,Zoning Services,2800 North Horseshoe Drive,Naples,Florida 34104. Originating Dept/Div: GMD/Planning&Zoning Person:Kay Deselem,Principal Planner Date: December 16,2014 Petition No.PUDZ-PL20140000340 Petitioner: Collier 36,LIC;6524 Paul Mar Drive,Lantana,FL 33462. Name&Address of any person(s)to be notified by Clerk's Office:Robert 1.Mulhere,FAICP;Hole Montes,Inc;950 Encore Way,Naples,FL 34110 Hearing before: X BCC BZA Other Requested Hearing date:Tuesday,January 13,2015. Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used: Naples Daily News Proposed Text: See Attached Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes,what account should be charged for advertising costs: Department: Planning&Zoning Dept.,Zoning Services;Fund&Cost Center:131-138326-649100-00000;Purchase Order Number:4500154426; Account Number:068779 Reviewed by: 11.116(l Divisio dministrator or Designee Date List Attachments: Ordinance DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: Id/ I(S 14 Date of Public Hearing: ,'1 I -1 ) ] S Date Advertised:___Ita-9_11Y- , 17A Teresa L. Cannon From: Deselem, Kay Sent: Tuesday, December 16, 2014 4:38 PM To: Minutes and Records Cc: Bellows, Ray; Bosi, Michael; Patricia L. Morgan; Ann P. Jennejohn; Neet, Virginia; Rodriguez, Wanda; Lang, Ashley; Brock, MaryJo Subject: PUDZ-PL20140000340 Collier 36 Attachments: ndn ad0001.pdf; ndn ad0002.pdf; Ordinance w_Exhibits - 12-16-14.pdf Please process the attached and acknowledge receipt at your earliest convenience. Also please provide confirmation for approval to my attention prior to proceeding. Please reference the petition name and project name on all correspondence. Kay Deselem, AICP, Principal Planner Zoning Services--Planning&Zoning Department Growth Management Division--Planning& Regulation 2800 N Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergov.net Under Florida Law,elnail addresses are public records,if you do not want your e mall address released in response to a public records request,do not send electronic mail to this entity.Instead,contact this office by telephone or in writing. 1 1 7 A NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that on Tuesday,January 13th, 2015, in the Board of County Commissioners meeting room, third floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: The purpose of the hearing is to consider: An Ordinance 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 for a project known as Collier 36 RPUD to allow development of up to 40 single family and/or multi-family dwelling units on property located on the east side of Collier Boulevard (CR 951)and north of Bucks Run Drive in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 10t acres; and by providing an effective date. [PUDZ-PL20140000340] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING CHAIRMAN DWIGHT E. BROCK, CLERK By: /s/Patricia Morgan Deputy Clerk(SEAL) 1 / q ORDINANCE NO. 15- 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 FOR A PROJECT KNOWN AS COLLIER 36 RPUD TO ALLOW DEVELOPMENT OF UP TO 40 SINGLE FAMILY AND/OR MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951) AND NORTH OF BUCKS RUN DRIVE IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10±ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20140000340] WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc. representing Collier 36 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 35, Township 48 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a 10± acre project to be known as the Collier 36 RPUD to allow up to 40 residential dwelling units in accordance with the RPUD Documents attached hereto as Exhibits "A" through "F" and incorporated herein by reference. 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. [14-CPS-01338/1133179/1] 100 1 oft Collier 36 RPUD\PUDZ-P1,20140000340 Rev. 12/16/14 i1 17 A 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 day of 2015. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By By: Deputy Clerk , Chairman Approved as to form and legality: �.. ti1110/l4 Scott A. Stone Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan Exhibit C-1 —Right of Way Section and Details Exhibit C-2—T-Turnaround Right of Way Section and Details Exhibit C-3—Deviation 3 Typical Lot Layout Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Developer Commitments [14-CPS-01338/1133179/1] 100 2 of Collier 36 RPUD\PUDZ-PL20140000340 Rev. 12/16/14 EXHIBIT A COLLIER 36 RPUD PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: RESIDENTIAL—TRACT R A. Principal Uses: 1. Single-family detached dwellings. 2. Single-family attached dwellings. 3. Two-family patio and two-family zero lot line. 4. Townhouse. 5. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses,determined by the Hearing Examiner by the process outlined in the Land Development Code. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses permitted in this RPUD, such as swimming pools and screen enclosures, and facilities for lawn care and maintenance. 2. Guardhouses, gatehouses, and access control structures. 3. 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. 2. LAKE—TRACT L Storm water management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 3. MAXIMUM DWELLING UNITS The maximum number of dwelling units shall be forty(40). 4. DEVELOPMENT STANDARDS Exhibit B Table 1 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. Page 1 of 10 FT\20I4\2014001\WP\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014)docx PTC 17A EXHIBIT B COLLIER 36 RPUD RESIDENTIAL DEVELOPMENT STANDARDS TABLE 1 DEVELOPMENT t SINGLE FAMILY SINGLE FAMILY TWO-FAMILY PATIO STANDARDS DETACHED ATTACHED& &TWO-FAMILY TOWNHOUSE ZERO LOT LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA 5,500 S.F.PER UNIT 1,800 4,500 S.F.PER UNIT S.F.PER UNIT MINIMUM LOT WIDTH 50 FEET 30 FEET 40 FEET MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER UNIT 1,200 S.F.PER UNIT MIN.FRONT YARD'` 20 FEET 20 FEET 20 FEET MIN.SIDE YARD 5 FEET 0 OR 5 FEET3 0 OR 5 FEET? MIN, REAR YARD' 10 FEET 10 FEET 10 FEET MIN.DISTANCE 10 FEET 10 FEET 10 FEET BETWEEN STRUCTURES° MAX.BUILDING HEIGHT- 2 STORIES NTE 25 2 STORIES NTE 25 2 STORIES NTE 25 ZONED FEET FEET FEET MAXIMUM BUILDING 35 FEET 35 FEET 35 FEET HEIGHT-ACTUAL ACCESSORY STRUCTURES MIN.FRONT YARD SPS SPS SPS MIN.SIDE YARD SPS SPS SPS MIN.REAR YARD' 5 FEET 5 FEET 5 FEET MAX.HEIGHT SPS SPS SPS ZONED&ACTUAL S.P.S.=Same as Principal Structures;NTE=Not to Exceed;S.F.=Square Feet General:Except as provided for herein,all criteria set forth in Exhibit B 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 front yard setback along the street on which the entrance is located,and a side 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 he 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' for the side-entry garage, or as may be required to accommodate utility easements.Porches,entry features,and roofed courtyards may be reduced to 15'. 2 5' minimum side setbacks for single-family attached, two-family,patio, and zero lot line must be accompanied by another 5' minimum side setback on adjoining lot to achieve minimum 10'separation, ' Zero feet if adjacent to a landscape buffer or lake maintenance easement, which shall be platted as separate tracts at time of subdivision plat approval. °Building distance may be reduced at garages to a minimum of 0'where attached garages are provided. 5 Where a utility easement encroaches farther into a yard than the allowable setback, the minimum required setback shall be increased to the extent of the utility easement encroachment. 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Es E 4tt T W LM Z Z S wt. we"rok _ wwl 3: 0 * M 0 I 8 U ti 111 V/ ali g .9 Z al 0 8 N ci 0 * • ...... ..,„, .8 * W La in 0 •••.-A:>.:>' p ,,„, •;, '<, , 8 $A Q _ 9 TC? 11.1.0 Ci z 4 c'vR ". ,.., w a.. 4 1 e .1.> el . b' i g CIC D p4 9 d 44 g 41C • 0 0 (0 4. .C.:...4 t a h . • t - 1 I <;,,\Ax 1 z , ..... .i. w V. , -.., z... -.. c r vimo. i tti ->*; -1 g--;gJ-1..jd,,,, . 14 14 ri ....._ Page 5 of 10 I 1'20 14'2014001\WP\Rezone\Post CCPC:\Collier 36 RPUD Rezone(PUIV-P L-20140000340)(11-12-2014)docx 17A - COLLIER 1A, , , , 36 SIDEWALK , , A `�f a 50 TUSCANY POINTE COVE SCALE IN FEET 23' AIN. FOR FRONT-ENTRY GARAGE 1 MAY BE REDUCED FOR SIDE ENTRY 1 1 t R.O.W. UNE GARAGE IF DESIGNED SO THAT A r I I t PARKED VEHICLE WILL NOT ! ■ r I I ENCROACH UPON THE SIDEWALK. IN NO CASE SHALL THE FRONT r SETBACK OF A SIDE ENTRY GARAGE BE LESS THAN 10'. LOT I LOT i81 I LOT I LOT t I AT I 8 I 9 `" 1O I 5' MIN. FOR SINGLE FAMILY DETACHED 5' DE YARD 5' MIN. SIDE YARD SETBACK MUST BE -- - ACCOMPANIED BY ANOTHER 5' MIN. TBACK VII SETBACK ON ADJOINING LOT TO ACHIEVE MINIMUM 10' SEPARATION. 10' REAR YARD ETBACK I ACCESSORY I i I (5' MIN. *R I STRUCIURE I PR*•ERTY UNE' ACCESSORY S '• CTURE) t-- 50" ,'-J 1 ... 101111111111/M.IMO ... ..... ...... j Y 1 i ' ACCESSORY 1 L'R'E'i 1 S " j \_. TUSC,4NY POINTE t II I , j I i 1 1 1 5' MIN. FOR SINGLE FAMILY DETACHED 23' MIN. FOR FRONT-ENTRY GARAGE 5' MIN. SIDE YARD SETBACK MUST BE MAY BE REDUCED FOR SIDE ENTRY ACCOMPANIED BY ANOTHER 5' MIN. GARAGE IF DESIGNED SO THAT A SETBACK ON ADJOINING LOT TO PARKED VEHICLE WILL NO7ACHIEVE MINIMUM 10' SEPARATION. ENCROACH UPON THE SIDEWALK. 1 a IN NO CASE SHALL THE FRONT SETBACK OFA SIDE ENTRY GARAGE}i I SIDEWALK BE LESS THAN 10'. I I TUSCANY POINTE TRAIL 950 Encore Way COLLIER 36G.H.I. 2014.at Naples,FL.34110 EXHIBIT C-3 °'�"'"e`'' C.0 """� Phone {239)254-2000 A1..J. 140011AT HOLD 8 FlorrcfaCeif:c eot DEVIATION 3 �,E MONT_„a [E9(I1s Authorization No 1772 TYPICAL LOT LAYOUT 1x/14 men.. Page 6 of 10 H\2014\2014001\WP1Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014)docx CA( 17 A EXHIBIT D COLLIER 36 RPUD LEGAL DESCRIPTION THE NORTH HALF (N 1/2) OF THE NORTH HALF (N 1/2) OF THE SOUTH HALF (S 1/2) OF THE NORTHWEST QUARTER (NW '/a) OF THE SOUTHWEST QUARTER(SW 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE SOUTH HALF (S '/2) OF THE NORTH HALF (N 1/2) OF THE SOUTH HALF (S 'h) OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Page 7 of 10 H:\2014'2014001\W P\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014)docx 17 A EXHIBIT E COLLIER 36 RPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1. From LDC Section 6.06.01.N, requiring a minimum right-of-way width of 60 feet for local private street rights-of-way,to allow for a minimum 42 foot right-of-way width internal to the proposed development. Deviation 2. From LDC Section 6.06.01.J, which prohibits dead-end streets, to allow the dead end street shown on the RPUD Master Plan, Exhibit C. Deviation 3. From LDC Section 4.06.02.C, Table of Buffer Yards, which requires a ten-foot- wide landscape buffer between adjacent properties developed as single-family residential, to allow for no landscape buffer between Collier 36 RPUD and Tuscany Pointe RPUD, along the south and east property lines of the subject site, provided the properties have a shared access and are developed by the same developer as one, single-family detached community. The developer shall plant the equivalent number of trees (38), as would have been required if the 10' landscape buffer were provided, elsewhere on the site, and shall identify the location of such additional trees at time of platting. Deviation 4. From LDC Section 6.06.02.A.2 Sidewalks, Bike Paths, and Pathway Requirements, which requires sidewalks to be constructed on both sides of the street within public and private rights-of-way or easements internal to the site, to allow sidewalks to be constructed on one side of the private street where shown on Exhibit C, Master Plan. Deviation 5. From LDC Section 4.02.04.D.1 Standards for Cluster Residential Design, which requires the zero lot line portion of a dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line, to allow windows on the zero lot line side of the unit. Deviation 6. From LDC Section 3.05.07 H1.f.i.d Off-site vegetation retention, which allows the on-site native vegetation preservation retention requirement be satisfied off- site for preserves less than one acre in size, to allow for a preserve 1.35 acres in size to be satisfied off-site. Deviation 7. From LDC Section 4.06.02.C, Table of Buffer Yards, which requires a fifteen- foot-wide Alternative B landscape buffer between adjacent properties developed as single-family residential and commercial, to allow for a ten-foot wide Alternative B landscape buffer between Collier 36 RPUD and the agriculturally • zoned property to the north where shown on Exhibit C, Master Plan. Page 8 of 10 11\201412014001\WP\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014)docx 17A EXHIBIT F COLLIER 36 RPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS If a gate is proposed at any/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent public roadway. To meet this requirement, the minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate. 2. UTILITY REQUIREMENTS A. Potable water service shall connect at the entrance from the Tuscany Pointe RPUD. B. A stub-out and any necessary easements will be provided by owner to the northern property line from the northern reach of the "T" turnaround at the east end of the development. C. The development shall share a pump station with the Tuscany Pointe RPUD. The developer shall provide any necessary easements to accommodate this connection, and shared use of the pump station. 3. PLANNING A. A maximum of 40 dwelling units shall be permitted in the PUD. B. Should multifamily structures, i.e. townhomes, be developed on the subject tract, the owner shall use massing and orientation of buildings to minimize impacts to adjacent properties. No more than four units shall be included in any building,and buildings will be oriented such that the smallest building side shall abut the Tuscany Pointe RPUD. 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 Collier 36, 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 Page 9 of 10 H\2014\2014001\W P\R ezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(1 1-12-2014)doex t9 17 A 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. NATIVE VEGETATION PRESERVATION The subject site contains approximately 8.98 acres of native vegetation, of which 15 percent (1.35 acres) is required to be preserved. The on-site native vegetation preservation will be met off-site in accordance with Section 3.05.07.H.I.f. of the Land Development Code. Page 10 of 10 H1.2014\2014001\WP1Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014)docx • Coanty of Collier 1 7 A CLERK OF THE CIRCIIT COURT COLLIER COUNT' OUR1 DOUSE Dwight E. Brock-Clei''of Circuit Court 3315 TAM IAM I TRL E STE 102 e,f P.O.BOX 413044 NAPLES, FL 34112-5324 -- NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Audit() • Custodian of County December 17, 2014 Robert J. Mulhere, FAICP Hole Montes, Inc. 950 Encore Way Naples, FL 34110 Re: Notice of Public Hearing to consider Petition PUDZ-PL20140000340: Collier 36 RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2015, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, December 24, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK act&vvtit Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk@collierclerk.com 7 t „y CouY nt of Collier 1 CLERK OF THE CIRCUIT COURT COLLIER COUNTYSOURT SOUSE Dwight E. Brock-Clerks of Circuit Court 3315 TAMIAMI TRL E STE 102 �! . P.O.BOX 413044 NAPLES, FL 34112-5324 NAPLES,� r NAPLES,FL 34101-3044 Clerk of Courts • Comptroller • Auhoik • Custodian of County December 17, 2014 Collier 36, LLC 6524 Paul Mar Drive Lantana, FL 33462 Re: Notice of Public Hearing to consider Petition PUDZ-PL20140000340: Collier 36 RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 13, 2015, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, December 24, 2014. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK 14-kkegi- rOk- Teresa Cannon, Deputy Clerk Enclosure Phone- (239) 252-2646 Fax- (239) 252-2755 Website- www.CollierClerk.com Email- CollierClerk a collierclerk.corn 17 A Acct. #068779 December 17, 2014 Attn: Legals Naples News Media Group 1100 Immokalee Rd. Naples, Florida 34110 Re: PUDZ-PL20140000340, Collier 36 RPUD Dear Legals: Please advertise the above referenced notice on Wednesday, December 24, 2014, and kindly send the Affidavit of Publication, in duplicate, together with charges involved, to this office. Thank you. Sincerely, Teresa Cannon, Deputy Clerk P.O. #4500154426 17A ' NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 13, 2015, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 for a project known as Collier 36 RPUD to allow development of up to 40 single family and/or multi-family dwelling units on property located on the east side of Collier Boulevard (CR 951) and north of Bucks Run Drive in Section 35, Township 48 South, Range 26 East, Collier County, Florida consisting of 10+/- acres, and by providing an effective date. [PUDZ-PL20140000340] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Suite #101, Naples, FL 34112- 5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: Teresa Cannon Deputy Clerk (SEAL) 17 Teresa L. Cannon From: Teresa L. Cannon Sent: Wednesday, December 17, 2014 9:10 AM To: Naples Daily News Legals Subject: PUDZ-PL20140000340, Collier 36 RPUD Attachments: PUDZ-PL20140000340.doc; PUDZ-PL20140000340 (Collier 36 RPUD).doc Legals, Please advertise the attached Legal Ad on Wednesday, December 24, 2014.Thanks Teresa L. Cannon, BMR Senior Clerk Minutes and Records bepartment 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com 1 17 . Teresa L. Cannon From: Polidora, Carol <cpolidora@naplesnews.com> Sent: Wednesday, December 17, 2014 3:37 PM To: Teresa L. Cannon Subject: Ad Confirmation Attachments: UASB32Ejpg Hi Teresa! Please provide approval ASAP for publication on 12.24.14. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 12/17/14 Publication NDN Account Number 744102 Ad Number 2043347 Total Ad Cost $385.20 1 NOTICE OF INTENT TO CONSIDER ORDINANCE 1 7 f"7 Notice is hereby given that on Tuesday, January 13, 2015, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tarniami Trail, Naples FL., the Board of County Commissioners (BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: An Ordinance of the Board of County Commissioners of Collier County, Florida amending Ordinance No. 2004-41, as amended, the Collier County Land Develop- ment Code, which established the comprehensive zoning regulations for the unin- corporated area of Collier County, Florida by amending the appropriate zoning at- las 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 for a project known as Collier 36 RPUD to al- low development of up to 40 single family and/or multi-family dwelling units on property located on the east side of Collier Boulevard (CR 951) and north of Bucks Run Drive in Section 35, Township 48 South, Range 26 East, Collier County, Florida consisting of 10+1- acres, and by providing an effective date. [PUDZ PL20140000340] A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of sevendays prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tarniami Trail East, Suite #101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK. By: Teresa Cannon Deputy Clerk (SEAL) December 24, 2014 No. 2043347 17A Teresa L. Cannon To: NeetVirginia (VirginiaNeet@colliergov.net); DeselemKay (KayDeselem@colliergov.net) Subject: FW: Ad Confirmation Attachments: UASB32E.jpg Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Wednesday, December 17, 2014 3:37 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! Please provide approval ASAP for publication on 12.24.14. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 12/17/14 Publication NDN Account Number 744102 Ad Number 2043347 Total Ad Cost $385.20 1 17A Teresa L. Cannon From: Deselem, Kay Sent: Wednesday, December 17, 2014 3:57 PM To: Teresa L. Cannon; Neet, Virginia Subject: RE: Ad Confirmation Looks fine. Kay Deselem, AICP, Principal Planner Zoning Services--Planning&Zoning Department Growth Management Division--Planning & Regulation 2800 N. Horseshoe Drive Naples, FL 34104 Phone: 239-252-2931 Fax: 239-252-6357 kaydeselem@colliergov.net Original Message From: Teresa L. Cannon [mailto:Teresa.CannonPcollierclerk.com] Sent: Wednesday, December 17, 2014 3:42 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Wednesday, December 17, 2014 3:37 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! Please provide approval ASAP for publication on 12.24.14. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 17 A Teresa L. Cannon From: Neet, Virginia Sent: Wednesday, December 17, 2014 4:20 PM To: Teresa L. Cannon Subject: FW: Ad Confirmation See below Original Message From: StoneScott Sent: Wednesday, December 17, 2014 4:20 PM To: BonhamGail; NeetVirginia Subject: RE: Ad Confirmation Looks good.Thanks. Scott A. Stone Assistant County Attorney Collier County Attorney's Office (239) 252-5740 Original Message From: BonhamGail Sent: Wednesday, December 17, 2014 4:02 PM To: NeetVirginia; StoneScott Subject: RE: Ad Confirmation Title is correct. Gail Bonham, Legal Secretary OFFICE OF THE COUNTY ATTORNEY 2800 North Horseshoe Drive, Suite 201 Naples, Florida 34104 Telephone -239.252.2939 gailbonham@colliergov.net Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. Original Message From: NeetVirginia Sent: Wednesday, December 17, 2014 3:58 PM To: StoneScott; BonhamGail Subject: FW: Ad Confirmation Scott: 1 17 A See attached for your approval. Dinny Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Wednesday, December 17, 2014 3:42 PM To: NeetVirginia; DeselemKay Subject: FW: Ad Confirmation Please review Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Wednesday, December 17, 2014 3:37 PM To: Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! Please provide approval ASAP for publication on 12.24.14. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 12/17/14 Publication NDN Account Number 744102 Ad Number 2043347 Total Ad Cost $385.20 Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 2 17A Teresa L. Cannon To: Polidora, Carol Subject: RE: Ad Confirmation Looks good, ok to run! Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Wednesday, December 17, 2014 3:37 PM To:Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! Please provide approval ASAP for publication on 12.24.14. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Thank you for placing your ad. Date 12/17/14 Publication NDN Account Number 744102 Ad Number 2043347 Total Ad Cost $385.20 1 1 7 A Teresa L. Cannon ?ObZ—f L-ta`-+cz 310 From: Polidora, Carol <cpolidora@naplesnews.com> Sent: Thursday, December 18, 2014 1:37 PM To: Teresa L. Cannon Subject: RE: Ad Confirmation Thanks! Released for publication... Carol Polidora I Legal Advertising Specialist 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 Original Message From: Teresa L. Cannon [mailto:Teresa.Cannon@collierclerk.com] Sent: Wednesday, December 17, 2014 4:23 PM To: Polidora, Carol Subject: RE: Ad Confirmation Looks good, ok to run! Teresa L. Cannon, BMR Senior Clerk Minutes and Records Department 239-252-8411 239-252-8408 fax Teresa.Cannon@collierclerk.com Original Message From: Polidora, Carol [mailto:cpolidora@naplesnews.com] Sent: Wednesday, December 17, 2014 3:37 PM To: Teresa L. Cannon Subject: Ad Confirmation Hi Teresa! Please provide approval ASAP for publication on 12.24.14. Thanks! Carol Carol Polidora I Legal Advertising Specialist Naples Daily News 0: 239-213-6061 F: 239-325-1251 E: cpolidora@NaplesNews.com A: 1100 Immokalee Road I Naples, FL 34110 1 PA Naples Daily News Naples, FL 34110 Affidavit of Publication Naples Daily News + BCC/ZONING DEPARTMENT FINANCE DEPARTMENT NOTICE OF INTENT TO CONSIDER ORDINANCE 3299 TAMIAMI TRL E #700 Notice is hereby given that on Tuesday,January 13,2015,in the Board of County NAPLES FL 34112 Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East Tamiami Trail, Naples FL,the Board of County Commissioners(BCC)will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: An Ordinance of the Board of County Commissioners of Collier County, Florida REFERENCE: 068779 4500154356 amending Ordinance No.2004-41,as amended,the Collier County Land Develop- ment Code,which established the comprehensive zoning regulations for the unin- 5 9 7 6 0 9 4 7 NOTICE OF INTENT T corporated area of Collier County,Florida by amending the appropriate zoning at- las 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 for a project known as Collier 36 RPUD to al- State l- State of Florida low development of up to 40 single family and/or multi-family dwelling units on property located on the east side of Collier Boulevard(CR 951)and north of Bucks Counties of Collier and Lee Run Drive in Section 35,Township 48 South,Range 26 East,Collier County,Florida consisting of 10+/- acres, and by providing an effective date. (PUDZ- Before the undersigned authority, pers PLz01ao0003ao) A copy of the proposed Ordinance is on.file with the Clerk toe the Board and is appeared Dan McDermott, says that he ser available for inspection.All interested parties are invited to attend and be heard. Inside Sales Supervisor, of the Naples D NOTE: Air persons wishing to speak on any agenda item must register with the County manager prior to presentation of the agenda item to be addressed. a daily newspaper published at Naples, l Individual speakers will be limited to 5 minutes on any item. The selection of any individual to speak on behalf of an organization or group is.encouraged. If County, Florida: distributed in Collier recognized by the Chairman, a spokesperson fora group or organization may be and Lee counties of Florida; that the at', allotted l0 minutes to speak on an nem. copy of advertising was published in sai Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the newspaper on dates listed• Board shall be submitted to the appropriate County staff a minimum of seven days Affiant further says that the said Nap willb comeaperbma entrpatofltherecords used in presentations before the Board News is a newspaper published at Naples, Any person who decides to appeal any decision of the Board will need a record of thCollier County, Florida, and that the sa ver proceedingsmrecord ppg thereto gs sed theefore,which may need tode ensure that verbatim record of the' proceedings is made, which record includes the testimony and evidence upon which the appeal is based. newspaper has heretofore been continuous If you are a perspn with a disability who needs any accommodation in order to day and has been entered as second class participate in this proceeding,you are entitled, at no cost to you,to the provision of certain assistance. Please contact the Collier County Facilities Management matter at the post office in Naples, in Department,located at 3335 Tamiami Trail East,Suite#101,Naples,FL 34112-5356, Collier County, Florida, for a period of for. a SSIONERor meeting. Asisted impaired are available in the Board of County Commissioners Office. next preceding the first publication of BOARD OF COUNTY COMMISSIONERS attached copy of advertisement; and affi TOMIERCONGTY,FLORIDA further says that he has neither paid no CHAIRMAN promised any person, firm or corporation DWIGHTE.BROCK,CLERK Terediscount, rebate, commission or refund fDe•utyClerk(SEAL) purpose of securing this advertisement for publication in the said newspaper. PUBLISHED ON: 12/24 AD SPACE: 120 LINE FILED ON: 12/24/14 Signature of Affiant / /0).......„,_ Sworn to and Subscribed before me this day of 0 /L/ Personally known by me ,A.(`► 1o,V1iY Pet Notary Public State of Florida Y : Susan D Flora S ape My Commission FP 040250 l w PP Expires 07/28/2017 • •...1 1 — - . . ORIGINAL DOCUMENTS CHECKLIST & ROUTING TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT T THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIG T RtA Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later than Monday preceding the Board meeting. **NEW** ROUTING SLIP Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office. Route to Addressee(s) (List in routing order) Office Initials Date 1. 2. 3. County Attorney Office County Attorney Office (15(5 4. BCC Office Board of County Commissioners \f‘\( / k VS\ 5. Minutes and Records Clerk of Court's Office —?(Y\ t���Its NpfrN PRIMARY CONTACT INFORMATION Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees above,may need to contact staff for additional or missing information. Name of Primary Staff Kay Deselem Phone Number 252-293 Contact/ Department Agenda Date Item was January 13,2015 Agenda Item Number 17A Approved by the BCC Type of Document Ordinance `/��D Number of Original 1 • Attached Documents Attached PO number or account number if document is to be recorded INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A" in the Not Applicable column, whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Does the document require the chairman's original signature? KD 2. Does the document need to be sent to another agency for additional signatures? If yes, K.D provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet. 3. Original document has been signed/initialed for legal sufficiency. (All documents to be ICD signed by the Chairman, with the exception of most letters,must be reviewed and signed by the Office of the County Attorney. 4. All handwritten strike-through and revisions have been initialed by the County Attorney's K.D Office and all other parties except the BCC Chairman and the Clerk to the Board 5. The Chairman's signature line date has been entered as the date of BCC approval of the K.D document or the final negotiated contract date whichever is applicable. 6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's KA signature and initials are required. 7. In most cases(some contracts are an exception),the original document and this routing slip K,D should be provided to the County Attorney Office at the time the item is input into SIRE. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of your deadlines! 8. The document was approved by the BCC on January 13,2015 and all changes made K1( during the meeting have been incorporated in the attached document. The County Attorney's Office has reviewed the changes,if applicable. 9. Initials of attorney verifying that the attached document is the version approved by the // BCC,all changes directed by the BCC have been made,and the document is ready for th Chairman's signature. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;Revised 11/30/12 1 7 A ORDINANCE NO. 15-01 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 FOR A PROJECT KNOWN AS COLLIER 36 RPUD TO ALLOW DEVELOPMENT OF UP TO 40 SINGLE FAMILY AND/OR MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED ON THE EAST SIDE OF COLLIER BOULEVARD (CR 951) AND NORTH OF BUCKS RUN DRIVE IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10±ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20140000340] WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc. representing Collier 36 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 35, Township 48 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a 10 ± acre project to be known as the Collier 36 RPUD to allow up to 40 residential dwelling units in accordance with the RPUD Documents attached hereto as Exhibits "A" through "F" and incorporated herein by reference. 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. [14-CPS-01338/1133179/1] 100 1 of2 Collier 36 RPUD\PUDZ-PL20140000340 Rev. 12/16/14 17A 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 \ -14.' day of J U U exr- , 2015. ATTEST ;• . BOARD OF COUNTY COMMISSIONERS DWIGH''`T. ROCK;"cLERK COLLIER COUNTY, FLORIDA • By. By: / ..-'6"4-4€- Attest-is tothlitit. APPY TIM NANCE , Chairman signature'dl .11•` Approve, as to fo and legality: tj, to/vi Scott A. .tone Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B —Development Standards Exhibit C —Master Plan Exhibit C-1 —Right of Way Section and Details Exhibit C-2—T-Turnaround Right of Way Section and Details Exhibit C-3 —Deviation 3 Typical Lot Layout Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Developer Commitments This ordinance filed with the Secretory of State's Office the day of ,, ►txt 4, Int 5_ and acknowledgement of that fill . received this 1014' day r of s A . ByvI� Ala M...�"� -Depu rk �° [14-CPS-01338/1133179/1] 100 2 of 2 Collier 36 RPUD\PUDZ-PL20140000340 Rev. 12/16/14 0 17A EXHIBIT A COLLIER 36 RPUD PERMITTED USES: No building or structure, or part thereof, shall be erected, altered or used, in whole or in part, for other than the following: 1. RESIDENTIAL–TRACT R A. Principal Uses: 1. Single-family detached dwellings. 2. Single-family attached dwellings. 3. Two-family patio and two-family zero lot line. 4. Townhouse. 5. Any other principal use, which is comparable in nature with the foregoing list of permitted principal uses, determined by the Hearing Examiner by the process outlined in the Land Development Code. B. Accessory Uses: 1. Accessory uses and structures customarily associated with principal residential uses. permitted in this RPUD, such as swimming pools and screen enclosures, and facilities for lawn care and maintenance. 2. Guardhouses, gatehouses, and access control structures. 3. 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. 2. LAKE—TRACT L Storm water management treatment, conveyance facilities, and structures, such as berms, swales, and outfall structures. 3. MAXIMUM DWELLING UNITS The maximum number of dwelling units shall be forty(40). 4. DEVELOPMENT STANDARDS Exhibit B Table 1 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. Page 1 of 10 H:\2014\2014001\WP\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014).docx 17A EXHIBIT B COLLIER 36 RPUD RESIDENTIAL DEVELOPMENT STANDARDS TABLE 1 DEVELOPMENT SINGLE FAMILY SINGLE FAMILY TWO-FAMILY PATIO STANDARDS DETACHED ATTACHED& &TWO-FAMILY TOWNHOUSE ZERO LOT LINE PRINCIPAL STRUCTURES MINIMUM LOT AREA 5,500 S.I . PI?R UNIT 1,800 4,500 S.F.PER UNIT S.F.PER UNIT MINIMUM LOT WIDTH 50 FEET 30 FEET 40 FEET MINIMUM FLOOR AREA 1,200 S.F 1,200 S.F PER UNIT 1,200 S.F.PER UNIT MIN.FRONT YARD"5 20 FEET 20 FEET 20 FEET MIN.SIDE YARD 5 FEET 0 OR 5 FEET2 0 OR 5 FEET2 MIN.REAR YARD3 10 FEET 10 FEET 10 FEET MIN.DISTANCE 10 FEET 10 FEET 10 FEET BETWEEN STRUCTURES4 MAX.BUILDING HEIGHT- 2 STORIES NTE 25 2 STORIES NTE 25 2 STORIES NTE 25 ZONED FEET FEET FEET MAXIMUM BUILDING 35 FEET 35 FEET 35 FEET HEIGHT-ACTUAL ACCESSORY STRUCTURES MIN.FRONT YARD SPS SPS SPS MIN.SIDE YARD SPS SPS SPS MIN.REAR YARD3 5 FEET 5 FEET 5 FEET MAX.HEIGHT SPS SPS SPS ZONED&ACTUAL S.P.S.=Same as Principal Structures;NTE=Not to Exceed;S.F.=Square Feet General:Except as provided for herein,all criteria set forth in Exhibit B 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 front yard setback along the street on which the entrance is located,and a side 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' for the side-entry garage, or as may be required to accommodate utility easements.Porches,entry features,and roofed courtyards may be reduced to 15'. 2 5' minimum side setbacks for single-family attached, two-family,patio, and zero lot line must be accompanied by another 5' minimum side setback on adjoining lot to achieve minimum 10'separation. 3 Zero feet if adjacent to a landscape buffer or lake maintenance easement, which shall be platted as separate tracts at time of subdivision plat approval. 4 Building distance may be reduced at garages to a minimum of 0'where attached garages are provided. 5 Where a utility easement encroaches farther into a yard than the allowable setback, the minimum required setback shall be increased to the extent of the utility easement encroachment. 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N in a ® NI 0IMO 1 `" li N T -I WCOm ...a3K 0111110110 1 04 0 La 8 0 C} • cn w re 0 `i. : W mo h'"/\ !�d Co°pprV TCJ !.. :. 'L- (3, hobW.p V OLL N C ci 0 OMNI AL. CD 6''O Zr Z a>,_..... 0 �Q r�i W a Y B i •t o f \` \�i ° `` ``,i Of _ w �iy\ 2 r \�\ w • 2 rIF, b Q inti` Z i ,;•\ N ,,,,,/, N N N Tc 2 o 5 o ui • 0,_ ....... m-, > ZQ of!.,7-i m'>�N g4< Rn �Z ! pips5 Page 4 of 10 H:A20I4\2014001\WP\RezoneAPost CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014).docx 1 A N Ln I 04 0 tn 1--- *T-LJ CC LI r;13' , -',75 53 6 ID L_ yid _, LI_ i::::: 0 n _—_ g ..4. 05 ! , 0 ,,4 Ei 3 ix C.,1: \•/\ W in 0 / Z 0 mt. csi 1 w * / ? ;>:::<; \-s; /....;, 0 8 w m z 8 Lai D D tx Oz >0\ ii NI rn a o ef) 0 04 > § is: M Q w rt w 0 — k e c) •;_ , t>„ . 3 ce ict = ilJ LL1 /- 1 Vs< @ @ i 0 a w I r I 0 U ci Lai 03 w (.5 C/)ii ,g, c 0 N Z w 0 0 0— _„.°,,,, ... -2 N I- La W 0 ,1r- / D tf) x 0 E' ' 4 . a 0_Jo!Ez o cz LuOi. -R C.<//, rz 15 2 al IX D 1 -1 ED b 5 3 0. X 0.. d o —I 43C R ffi Cs1 2 0 ...,, . 0- - - - . z 6 .- 0 04 la • -I E 0 k' M 0 , E \ Y z < / ). 0 0 0 0 \< ‹/ \,,A, 1* • • . ‹, rt.i-x vg. P i g Page 5 of 10 H:\2014\201400 I\WP\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(1 I-12-2014).docx CAO 1 7 A COLLIER 36 , , SIDEWALK N ‘..." 0 50 ............................. — mos ism mem me ..... TUSCANY POINTE COVE SCALE IN FEET 23' MIN. FOR FRONT—ENTRY GARAGE 1 1 1 i MAY BE REDUCED FOR SIDE ENTRY 1 1 r R.O.W. NE GARAGE IF DESIGNED SO THAT A 1 •1 I PARKED VEHICLE WILL. NOT 1 a I I I ENCROACH UPON THE SIDEWALK. IN NO CASE SHALL THE FRONT • SETBACK OF A SIDE ENTRY GARAGE BE LESS THAN 10'. I LOT 1 LOT101 LOT 1 LOT 1 i AT I 8 9 .." 1 0 I 5' MIN. FOR SINGLE FAMILY DETACHED 5' YARD— 5' MIN. SIDE YARD SETBACK MUST BE IDE ---- —ACCOMPANIED BY ANOTHER 5' MIN. TBACKMINI SETBACK ON ADJOINING LOT TO ACHIEVE MINIMUM 10' SEPARATION. 10' REAR YARD ETBACK I ACCESSORY I ! I R DPERTY UNE P (5' MIN. SR I STRUCTURE I I to ACCESSORY S ". CTURE) J 50' 1 —.—... .. ...IMO __I 50' ,. I 10 1 L.B.E.! t ACCESSORYit ; It STRUCTURE II --' -:. TUSCANY POINTE I , , I i i 1 i 1 —*--5' MIN. FOR SINGLE FAMILY DETACHED MAY BE REDUCED FOR SIDE 23' MIN. FOR FRONT—ENTRY GARAGE 5' MIN. SIDE YARD SETBACK MUST BE ENTRY GARAGE W DESIGNEDIACCOMPANIED BY ANOTHER V MIN. SO THAT A ' SETBACK ON ADJOINING LOT TO PARKED VEHICLE WILL NOT ENCROACH UPON THE SIDEWALK. I I ACHIEVE MINIMUM 10' SEPARATION. IN NO CASE SHALL THE FRONT I 1 SETBACK OF A SIDE ENTRY GARAGE I , t SIDEWALK BE LESS THAN 10'. i I .A 111•111.111111WMNIR SIPIE.MIT• TUSCANY POINTE TRAIL MI 950 Encore Way Napies,FL.34110 Phone (239)254-2000 EXHIBIT C-3 COLLIER 36 CHECKED BY: PROJECT No. G.H.H. 2014.001 DRAWN BY: CAD FILE NAME: KU. 14001 LOT HOLE MONTES Ronda Certficate of DEVIATION 3 . : MST—ITEll ENCIGRS-PLAIRRS SlOMYCIZS AuthonzatDATE ion No 1772 TYPICAL LOT LAYOUT 10/14 EXHIBIT C-3 Page 6 of 10 H.\2014\2014001\WP\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014)docx S 1 7 A EXHIBIT D COLLIER 36 RPUD LEGAL DESCRIPTION THE NORTH HALF (N 'A) OF THE NORTH HALF (N 'A) OF THE SOUTH HALF (S 'A) OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER(SW 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE SOUTH HALF (S 'A) OF THE NORTH HALF (N 'A) OF THE SOUTH HALF (S 'A) OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Page 7 of 10 H:\2014U014001\WP\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014).docx CA() 17A EXHIBIT E COLLIER 36 RPUD LIST OF REQUESTED DEVIATIONS FROM LDC Deviation 1. From LDC Section 6.06.01.N, requiring a minimum right-of-way width of 60 feet for local private street rights-of-way, to allow for a minimum 42 foot right-of-way width internal to the proposed development. Deviation 2. From LDC Section 6.06.01.J, which prohibits dead-end streets, to allow the dead end street shown on the RPUD Master Plan, Exhibit C. Deviation 3. From LDC Section 4.06.02.C, Table of Buffer Yards, which requires a ten-foot- wide landscape buffer between adjacent properties developed as single-family residential, to allow for no landscape buffer between Collier 36 RPUD and Tuscany Pointe RPUD, along the south and east property lines of the subject site, provided the properties have a shared access and are developed by the same developer as one, single-family detached community. The developer shall plant the equivalent number of trees (38), as would have been required if the 10' landscape buffer were provided, elsewhere on the site, and shall identify the location of such additional trees at time of platting. Deviation 4. From LDC Section 6.06.02.A.2 Sidewalks, Bike Paths, and Pathway Requirements, which requires sidewalks to be constructed on both sides of the street within public and private rights-of-way or easements internal to the site, to allow sidewalks to be constructed on one side of the private street where shown on Exhibit C, Master Plan. Deviation 5. From LDC Section 4.02.04.D.1 Standards for Cluster Residential Design, which requires the zero lot line portion of a dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line, to allow windows on the zero lot line side of the unit. Deviation 6. From LDC Section 3.05.07 H1.f.i.d Off-site vegetation retention, which allows the on-site native vegetation preservation retention requirement be satisfied off- site for preserves less than one acre in size, to allow for a preserve 1.35 acres in size to be satisfied off-site. Deviation 7. From LDC Section 4.06.02.C, Table of Buffer Yards, which requires a fifteen- foot-wide Alternative B landscape buffer between adjacent properties developed as single-family residential and commercial, to allow for a ten-foot wide Alternative B landscape buffer between Collier 36 RPUD and the agriculturally zoned property to the north where shown on Exhibit C, Master Plan. Page 8 of 10 H:\2014\2014001\WP\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014).docx CAO 17A EXHIBIT F COLLIER 36 RPUD LIST OF DEVELOPER COMMITMENTS 1. TRANSPORTATION REQUIREMENTS If a gate is proposed at any/or all development entrance(s), the gate shall be designed so as not to cause vehicles to be backed up onto any adjacent public roadway. To meet this requirement, the minimum throat depth from the nearest interconnecting roadway edge of pavement shall be no less than 100 feet to the key pad/phone box for the proposed gate. 2. UTILITY REQUIREMENTS A. Potable water service shall connect at the entrance from the Tuscany Pointe RPUD. B. A stub-out and any necessary easements will be provided by owner to the northern property line from the northern reach of the "T" turnaround at the east end of the development. C. The development shall share a pump station with the Tuscany Pointe RPUD. The developer shall provide any necessary easements to accommodate this connection, and shared use of the pump station. 3. PLANNING A. A maximum of 40 dwelling units shall be permitted in the PUD. B. Should multifamily structures, i.e. townhomes, be developed on the subject tract, the owner shall use massing and orientation of buildings to minimize impacts to adjacent properties. No more than four units shall be included in any building, and buildings will be oriented such that the smallest building side shall abut the Tuscany Pointe RPUD. 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 Collier 36, 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 Page 9 of 10 H:\2014\2014001\WP\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014).docx S 17A 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. NATIVE VEGETATION PRESERVATION The subject site contains approximately 8.98 acres of native vegetation, of which 15 percent (1.35 acres) is required to be preserved. The on-site native vegetation preservation will be met off-site in accordance with Section 3.05.07.H.1.f. of the Land Development Code. Page 10 of 10 H:\2014\2014001\WP\Rezone\Post CCPC\Collier 36 RPUD Rezone(PUDZ-PL-20140000340)(11-12-2014).docx CA � t ,��, s,{, 0' I7A .i I ✓ 7 } 'a,sir ,,c_` FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State January 16, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, BMR Senior 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. 2015-01, which was filed in this office on January 16, 2015. Sincerely, Ernest L. Reddick Program Administrator ELR/lb 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