Ordinance 2017-18 ORDINANCE NO. 17 -
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 THE
NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE
BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE
RESIDENTIAL MULTI-FAMILY-6 ZONING DISTRICT (RMF-6-
BMUD-NC) AND THE NEIGHBORHOOD COMMERCIAL
SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE
OVERLAY DISTRICT OF THE COMMERCIAL INTERMEDIATE
ZONING DISTRICT (C-3-BMUD-NC) TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT ZONING DISTRICT WITHIN
THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE
BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT FOR THE
PROJECT TO BE KNOWN AS MATTAMY HOMES RESIDENTIAL
PLANNED UNIT DEVELOPMENT, TO ALLOW CONSTRUCTION
OF A MAXIMUM OF 276 RESIDENTIAL DWELLING UNITS ON
PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF
BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA CONSISTING OF 37+/- ACRES; AND PROVIDING AN
EFFECTIVE DATE. [PL20160000183]
WHEREAS, Mattamy Naples, LLC, represented by Richard Yovanovich, Esq. of
Coleman, Yovanovich and Koester, PA and D. Wayne Arnold of Q. Grady Minor & Associates,
Inc., petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 14,
Township 50 South, Range 25 East, Collier County, Florida, is changed from the Neighborhood
[ 16-CPS-01572/1344269/11 112
Mattamy Homes/PL20160000183
6/8/17 Page 1 of 2
�,P
Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Residential
Multi-Family-6 Zoning District (RMF-6-BMUD-NC) and the Neighborhood Commercial
Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Commercial Intermediate
Zoning District (C-3-BMUD-NC) to a Residential Planned Unit Development (RPUD), within
the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District to
allow construction of a maximum of 276 residential dwelling units in accordance with the RPUD
Document, attached hereto as Exhibits "A" through "F" and incorporated by reference herein.
The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as
amended, the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this 0*-day of ffu ne_ , 2017.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT',, BROCK, CLERK COLLIER COUNTY, FLORIDA
By: 1 A114 ..:..., .L
Dut ,Mew" PE TAYL• ', ' hairman
Attest as to Chairman's
signature only. V
Approved as to form and legality:
Heidi Ashton- icko
Managing Assistant County Attorney
Attachments: Exhibit A-Permitted Uses
This ordinance filed with the
Exhibit B-Development Standards
Secretary of State's Office the
Exhibit C-Master Plan `' day of Jung- , 20(1
Exhibit D-Legal Description and acknowledgement of that
Exhibit E-Deviations filing received this �44'day
Exhibit F-List of Developer Commitments of—""' 2.0/ .
By I.
[
16-CPS-01572/1344269/1] 112
Mattamy Homes/PL20160000183
6/8/17 Page 2 of 2
EXHIBIT A
FOR
MATTAMY HOMES RPUD
Regulations for development of the Mattamy Homes 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 total of 276 residential 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, townhouse, variable zero lot line, two family and
single family.
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. Customary accessory uses associated with the principal uses permitted in this
RPUD, including but not limited to garages,carports, swimming pools, spas,screen
enclosures and utility buildings.
2. Gatehouses, and access control structures.
3. Model homes and model home centers including sales trailers and offices for
project administration, construction, sales and marketing.
4. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, gazebos and picnic areas.
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.
AMENITY AREA
A. Principal Uses:
Mattamy RPUD PL2016000183 Page 1 of 10 May 18,2017 CCPC
1. Clubhouses with cafes,snack bars and similar uses intended to serve residents and
guests.
2. Community administrative and recreation facilities. Outdoor recreation facilities,
such as a community swimming pool, tennis/pickle ball courts and basketball
courts, parks, playgrounds, pedestrian/bikeways, and passive and/or active water
features (for use by the residents and their guests only).
3. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (for
use by the residents and their guests only).
4. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, bikeways, landscape nurseries,gazebos, boat and canoe docks,fishing piers,
picnic areas, fitness trails and shelters to serve residents and their guests.
B. Accessory Uses:
1. Model homes and model home centers including sales trailers and offices for
project administration, construction, sales and marketing.
2. 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 Hearing Examiner.
Mattamy RPUD PL2016000183 Page 2 of 10 May 18,2017 CCPC
(�A
EXHIBIT B
FOR
MATTAMY HOMES RPUD
DEVELOPMENT STANDARDS
Exhibit B sets forth the development standards for land uses within the Mattamy Homes 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.
PRINCIPAL STRUCTURES TOWNHOUSE VARIABLE LOT TWO-FAMILY SINGLE FAMILY MULTI- AMENITY
LINE FOR FAMILY AREA
SINGLE
FAMILY
Minimum Lot Area 1,200 SF 3,000 SF 2,625 SF 3,000 SF 10,800 SF 5,000 SF
Minimum Lot Width 20 feet 40 feet 35 feet 40 feet 120 feet N/A
Minimum Lot Depth 60 feet 75 feet 75 feet 75 feet 90 feet N/A
Minimum Front Yard Setback*1, *6 20 feet 20 feet 20 feet 20 feet 20 feet N/A
Minimum Side Yard Setback 0/10 feet 0/10 feet*4 5 feet*2 5 feet 5 feet 10 feet
Minimum Rear Yard Setback*3 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet
Minimum Lake Maintenance
Easement Setback*3 0 feet 0 feet 0 feet 0 feet 0 feet 0 feet
Maximum Building Height
1 or 2 story 1 or 2 story
Zoned 35 feet 35 feet
Actual 45 feet 45 feet
3 story 3 story
Zoned 42 feet 30 feet 30 feet 30 feet 42 feet 42 feet
Actual 50 feet 35 feet 35 feet 35 feet 50 feet 50 feet
Minimum Distance Between
Buildings 10 feet*7 10 feet 10 feet 10 feet 10 feet*7 10 feet
Floor Area Min. (S.F.), per unit,
ground floor 700 SF 900 SF 900 SF 900 SF 700 SF N/A
Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 15 feet 20 feet
ACCESSORY STRUCTURES
Minimum Front Yard Setback*1 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet
Minimum Side Yard Setback 0 feet 0 feet 0 feet 0 feet 10 feet 10 feet
Minimum Rear Yard Setback*3 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet
Minimum Drainage Easement
Setback*3 0 feet 0 feet 0 feet 0 feet 0 feet 15 feet
Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 15 feet 10 feet
Minimum Distance Between
Structures 0/10 feet*5 0/5 feet*5 0/10 feet*5 10 feet*5 0/10 feet*5 10 feet
Maximum Height
Zoned 20 feet 20 feet 20 feet 20 feet 20 feet 25 feet
Actual 25 feet 25 feet 25 feet 25 feet 25 feet 30 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—Front entry garages must be a minimum of 23'from back of sidewalk. Porches,entry features and roofed courtyards that do not exceed
50%of the facade width may be reduced to 15'.All parking areas must remain clear of sidewalks.
*2—Minimum separation between adjacent dwelling units,if attached,may be 0'.
Mattamy RPUD PL2016000183 Page 3 of 10 May 18,2017 CCPC
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*3—The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake
tracts and not be located within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance
Easement within open space tracts or lake tracts,the structure setback on the platted residential lot may be reduced to zero(0)feet where
it abuts the easement.
*4—The side setback may be variable between zero feet(0')to five feet(5')as long as a 10-foot minimum separation between principal structures is
maintained. If the variable lot line for single-family option is utilized,the owner shall provide with the building permit application,the setback of the
principal structures on the abutting lots of all sides.
*5—Zero Feet(0')if attached and five feet(5')if detached;However detached structures must maintain a minimum ten foot(10')separation.
*6—For corner lots,only one frontage shall be considered a front yard. The other frontage setback shall be%the front yard setback.
*7—any building exceeding 2 stories shall maintain minimum building separation of twenty feet(20').
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.
Mattamy RPUD PL2016000183 Page 4 of 10 May 18,2017 CCPC
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EXHIBIT D
FOR
MATTAMY HOMES RPUD
LEGAL DESCRIPTION
PARCEL 1:
COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA,SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVES AND TRUCK CO'S
LITTLE FARMS NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE NORTH AND SOUTH 1/4 LINE OF SECTION 14 AND
ALONG THE WEST LINE OF LOT 59 OF SAID NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO.2, NORTH 0°13'10"
WEST 50.0 FEET TO THE NORTH RIGHT-OF-WAY LINE OF S-858(THOMASSON DRIVE);THENCE ALONG SAID NORTH
RIGHT-OF-WAY LINE, NORTH 89°45'16" EAST, 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF PINE STREET AND
THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE,
NORTH 0°13'10" WEST 1282.27 FEET TO THE NORTH LINE OF LOT 56 OF SAID NAPLES GROVES AND TRUCK CO'S
LITTLE FARMS NO. 2; THENCE ALONG SAID NORTH LINE, NORTH 89°41'31" EAST 1265.08 FEET TO THE WEST
RIGHT-OF-WAY LINE OF S-858 (KELLY ROAD); THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 0°17151"
EAST 800.00 FEET; THENCE SOUTH 89°41'31" WEST 451.76 FEET; THENCE SOUTH 0°17'51" EAST 483.12 FEET TO
THE NORTH RIGHT-OF-WAY LINE OF SAID S-858 (THOMASSON DRIVE); THENCE ALONG SAID NORTH RIGHT-OF-
WAY LINE, SOUTH 89°45'16" WEST 815.00 FEET TO THE PLACE OF BEGINNING; BEING A PART OF LOT 56, A PART
OF LOT 57,A PART OF LOT 58, AND A PART OF LOT 59 OF SAID
NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2, COLLIER COUNTY, FLORIDA.
PARCEL 2:
COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA,SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVES AND TRUCK CO'S
LITTLE FARMS NO. 2,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 14
AND ALONG THE WEST LINE OF LOT 59, OF SAID NAPLES GROVES AND TRUCK CO'S LITTLE FARMS 2, NORTH
00°13'10"WEST 50.00 FEET,TO THE NORTH RIGHT-OF-WAY OF S-858 (THOMASSON DRIVE);THENCE ALONG SAID
NORTH RIGHT-OF-WAY LINE, NORTH 89°45'15" EAST 845.00 FEET FOR THE PLACE OF BEGINNING OF THE PARCEL
HEREIN DESCRIBED;THENCE NORTH 00°17'51" WEST, 483.12 FEET;THENCE NORTH 89°41'31" EAST, 451.76 FEET
TO THE WEST RIGHT-OF-WAY LINE OF S-858 (KELLY ROAD); THENCE ALONG SAID WEST RIGHT-OF-WAY LINE,
SOUTH 00°17'51" EAST, 433.61 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, SOUTHWESTERLY,
78.58 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE TO THE NORTHWEST, RADIUS 50.00 FEET,
SUBTENDED BY A CHORD WHICH BEARS SOUTH 44°43'42" WEST,70.74 FEET;THENCE ALONG THE NORTH RIGHT-
OF-WAY LINE OF S-858 (THOMASSON DRIVE),SOUTH 89°45'16"WEST,401.76 FEET TO THE PLACE OF BEGINNING;
BEING A PART OF LOT 58,AND A PART OF LOT 59 OF SAID NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2,
COLLIER COUNTY, FLORIDA.
Mattamy RPUD PL2016000183 Page 6 of 10 May 18,2017 CCPC
EXHIBIT E
FOR
MATTAMY HOMES RPUD
LIST OF DEVIATIONS
1. From LDC Section 4.02.16.A.1, Design Standard in the Bayshore Gateway Triangle
Redevelopment area, which requires dimensional standards as shown in Table 1, Dimensional
Requirements in the BMUD-NC, to allow Mattamy Homes to establish their own residential
development types and dimensional standards as set forth in this PUD.
2. From LDC Section 6.06.01.N,Street System Requirements and Appendix B,Typical Street Sections
and Right-of-Way Design Standards, which establishes a 60-foot wide local road, to allow a
minimum 50' wide local private road. This deviation applies when the developer proposes to
develop local platted streets in lieu of a private drive or access way. See Typical Street Section.
3. From LDC Section 4.06.02.C.4, Buffer Requirements, which requires developments of 15 acres or
more to provide a perimeter landscape buffer of at least 20 feet in width regardless of the width
of the right-of-way, to permit a minimum 15' wide Type 'D' buffer adjacent to external right-of-
ways.
Mattamy RPUD PL2016000183 Page 7 of 10 May 18,2017 CCPC
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EXHIBIT F
FOR
MATTAMY HOMES RPUD
LIST OF DEVELOPER COMMITMENTS
1. 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 Mattamy Homes, LLC, 4107 Crescent
Park Drive, Riverview, FL 33578. 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.
2. PLANNING
a. Amenity areas shown are approximate locations and final location shall be determined at
time of SDP or Plat. The northernmost amenity area will be developed in the event an
interconnection with Windstar is constructed. One of the potential amenity areas may be
developed with residential dwellings.
b. A maximum of 62 density bonus pool units, as provided for in the Bayshore Gateway Triangle
Redevelopment Overlay in the Future Land Use Element of the GMP, are available for this
RPUD for a period of seven years from the date of approval of this RPUD. If after seven years
the bonus units have not been utilized, the bonus units shall expire and not be available
unless reauthorized by the Board of Zoning Appeals.
3. TRANSPORTATION
A. Intensity of uses under any development scenario for the PUD is limited to the two-way,
unadjusted, average weekday, pm peak hour trip entering/exiting generation of 138 total
trips consistent with the TIS dated July 6, 2016 (gross trips). The term "unadjusted"
references pass-by and internal capture trip reductions that are not included in the above
calculation.
B. The owner, or its successors or assigns, at its sole expense, shall construct a five-foot wide
sidewalk along the RPUD's frontage on Pine Street prior to the issuance of the first certificate
of occupancy for the RPUD. Owner shall install a wall with Type'B' buffer plant material along
Pine Street as depicted on Exhibit C, Master Plan.
Mattamy RPUD PL2016000183 Page 9 of 10 May 18,2017 CCPC
4. MISCELLANEOUS
a. Issuance of a development permit by a county does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the county for issuance of the permit if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
b. All other applicable state or federal permits must be obtained before commencement of the
development.
c. As represented by applicant at the required neighborhood information meeting, no blasting
shall be used in the process of creating the water management areas.
5. LANDSCAPING
In order to avoid conflicts with utilities and sidewalks, the required canopy tree for an individual
lot shall be on from the following list:
Wax Myrtle 1:1
Green Buttonwood 1:1
Satin Leaf 1:1
Pigeon Plum 1:1
Geiger Tree 1:1
Silver Buttonwood 1:1
Pitch Apple (Clusia) 1:1
Dahoon Holly 2:1
Where it can be demonstrated that another tree species can be planted without conflict, staff
may approve this alternative species.
6. DRAINAGE
To obtain drainage concurrency, prior to issuance of the first certificate of occupancy, the owner
shall, at its sole cost, replace the existing 12-inch drainage pipe within the Pine Street right-of-
way with an appropriately-sized drainage pipe that will accommodate stormwater from the RPUD
and from property that currently flows through the Pine Street drainage pipe. Prior to
construction, the Collier County Road Maintenance Department must review and approve the
plans and the owner shall obtain a right-of-way permit.
Mattamy RPUD PL2016000183 Page 10 of 10 May 18,2017 CCPC
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 20, 2017
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. 17-18,which was filed in this office on June 20, 2017.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us