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Ordinance 2017-44 ORDINANCE NO. 17 - 4 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 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 THE PROJECT TO BE KNOWN AS THE CLEARY RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 63 RESIDENTIAL DWELLING UNITS OR 200 GROUP HOUSING UNITS FOR SENIORS ON PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD, APPROXIMATELY ONE QUARTER MILE EAST OF LOGAN BOULEVARD IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.99+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., and Richard D. Yovanovich, Esq., of Coleman, Yovanovich & Koester, P.A., representing Raymond J. Cleary, Jr., 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 28, 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) for a [16-CPS-01618/1370405/1] 11/16/17 Cleary RPUDill PUDZ-PL20160001985 Page 1 project to be known as the Cleary RPUD, to allow construction of a maximum of 63 residential dwelling units or 200 group housing units for seniors, in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance 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 of the Board of County Commissioners of Collier County, Florida, this 1'1 day of N ovc_, 2017. BOARD OF COUNTY COMMISSIONERS DWiHT E. BR©CK, CLERK COLLIER 400TY, FLORIDA - 4 i) 4 174 , BY":e). , V By: /.. /A. _ , Del u q le PENNY TA VR, Chai Attest as to,Qhair94,0 signature only. Appro ed as o form and legality: Scott . Stone Assistant County Attorney Exhibit A: Permitted Uses Exhibit B: Development Standards Exhibit C: Master Plan This ordinance filed with the Exhibit D: Legal Description Secretary of State's Off-ir-e the Exhibit E: Requested Deviations from LDC .-!?.*''doy of rAlls is-'2G.L:.j and acknowledgerne't r * i'r,zJt Exhibit F: Developer Commitments tk filir�n received this ....11._ ocy of 22, r By ie' ./ [16-CPS-01618/1370405/1] 11/16/17 Cleary RPUD PUDZ-PL20160001985 Page 2 �'l EXHIBIT A FOR CLEARY RPUD Regulations for development of the Cleary Residential Planned Unit Development (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 development density of 63 residential dwelling units or 200 units of group housing for seniors shall be permitted within the RPUD. Construction of more than 36 residential dwellings requires the developer to demonstrate that they have transferred 1 dwelling unit per acre from Sending Lands consistent with the infill provisions of the Future Land Use Element and Exhibit F.2 of this PUD document. The FAR shall govern group housing units. 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: MIXED USE: A. Principal Uses: 1. Group housing for seniors including assisted living, continuing care retirement communities,skilled nursing,memory care and independent living facilities at an FAR of up to 0.50 (See Exhibit A Item C, Operational Requirements for Group Housing and Exhibit E, Deviation #1); 2. Residential Dwelling Units a. Single-family, including detached, zero lot line,two family and duplex; b. Townhouse; c. Multi-family; 3. Any other use,which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner. B. Accessory Uses: 1. Garages and/or carports. 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 LDC. 4. Landscape features including, but not limited to, landscape buffers, berms, fences and walls. Cleary RPUD Exhibits A-F_v11 BCC.docx Page 1 of 12 November 16, 2017 la 5. Accessory uses and structures customarily associated with uses permitted in this RPUD, including recreational facilities, such as swimming pool, clubhouse, fitness center and maintenance facilities. 6. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses for this RPUD, as determined by the Board of Zoning Appeals(BZA) or the Hearing Examiner. C. Operational Requirements for Group Housing Group housing for seniors uses shall provide the following services and/or be subject to the following operational standards: 1. The facility shall be for residents 55 years of age and older. 2. There shall be on-site dining for the residents. 3. Group transportation services shall be provided for residents for the purposes of grocery and other types of shopping. Individual transportation services may be provided for the residents' individualized needs including but not limited to medical office visits. 4. There shall be an on-site manager/activities coordinator to assist residents with their individual needs. The manager/coordinator shall also be responsible for arranging trips to off-site events as well as planning for lectures, movies, music and other entertainment for the residents at the on-site clubhouse. 5. A wellness center shall be provided on-site. Exercise and other fitness programs shall be provided for the residents. 6. Each unit shall have the option to be equipped to notify the community staff in the event of medical or other emergency. 7. Each unit shall be designed to accommodate residents with physical impairments (handicaps) as required by the applicable building codes and federal law and regulation. 8. There shall be an emergency generator to serve the project with sufficient fuel supply for 5 days. The generator shall be equipped with a noise attenuation device or shall be enclosed. PRESERVE A. Allowable Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. Cleary RPUD Exhibits A-F_v11 BCC.docx Page 2 of 12 November 16,2017 2. Mitigation for environmental permitting, as per LDC requirements. 3. Passive Recreation areas,as per LDC requirements. 4. Water management and water management structures, as per LDC requirements. Cleary RPUD Exhibits A-F_v11 BCC.docx Page 3 of 12 November 16,2017 EXHIBIT B FOR CLEARY RPUD DEVELOPMENT STANDARDS FOR RESIDENTIAL Exhibits B sets forth the development standards for land uses within the Cleary RPUD. 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. STANDARDS SINGLE SINGLE TOWNHOUSE TWO MULTI- GROUP FAMILY FAMILY ZERO FAMILY& FAMILY HOUSING DETACHED LOT LINE DUPLEX PRINCIPAL STRUCTURES Minimum Lot Area 5,000 SF 4,000 SF 1,600 SF 1,600 SF 10,000 SF N/A Minimum Lot Width 50 feet 40 feet 16 feet 16 feet 100 feet N/A Minimum Lot Depth 100 feet 100 feet 100 feet 100 feet N/A N/A Minimum Front Yard Setback") 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Minimum Side Yard Setback 5 feet 0/5 feet(2) 0 feet 0 or 5 feet 15 feet 15 feet Minimum Rear Yard Setback(4) 15 feet 15 feet 15 feet 15 feet 20 feet 20 feet Minimum PUD Boundary Setback East 30 feet 30 feet 30 feet(6) 30 feet 30 feet(6) 30 feet(6) Maximum Building Height(5) Zoned 30 feet 30 feet 30 feet 30 feet 37 feet 37 feet Actual 40 feet 40 feet 40 feet 40 feet 45 feet 45 feet Minimum Distance Between 10 feet 10 feet 10 feet 10 feet Greater of Greater of Structures 20 feet or 20 feet orY2 1/2 BH BH Minimum Floor Area 1,250 SF 1,250 SF 1,250 SF 1,250 SF 1,000 SF N/A Minimum Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURES(3) Minimum Front Yard Setback" 20 feet 20 feet 20 feet 20 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet(2) 0 feet(2) 0 feet(2) 15 feet 15 feet Minimum Rear Yard Setback(4) 10 feet 10 feet 10 feet 10 feet 15 feet 15 feet Minimum PUD Boundary Setback East 30 feet 30 feet 30 feet(6) 30 feet 30 feet(6) 30 feet(6) Minimum Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Distance Between Structures 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Maximum Building Height Zoned 25 feet 25 feet 25 feet 25 feet 35 feet 35 feet Actual 30 feet 30 feet 30 feet 30 feet 45 feet 45 feet BH:Building Height—Zoned (I)Measured to edge of pavement or back of curb(single-family front entry garages shall have a 23' setback from back of sidewalk). (2)Must be at least 10 feet between structures. Cleary RPUD Exhibits A-F_v11 BCC.docx Page 4 of 12 November 16, 2017 0 (3)Structures such as gatehouses,walls and decorative architectural treatments shall have no setback from property line. (4)All landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot may be reduced to zero(0)feet where it abuts the easement. (5) Not to exceed three stories,which may include 2 stories above one story of parking if under building parking is provided. (6)A 30'landscape buffer shall be provided within the setback. Cleary RPUD Exhibits A-F_v11 BCC.docx Page 5 of 12 November 16, 2017 DEVELOPMENT STANDARDS FOR AMENITY AREA STANDARDS AMENITY AREA PRINCIPAL STRUCTURES Minimum Lot Area N/A Minimum Front Yard Setback N/A Minimum Side Yard Setback N/A Minimum Rear Yard Setback(�) N/A Minimum Preserve Setback 25 feet Minimum PUD Boundary Setback East 30 feet South 100 feet West 20 feet Minimum Distance Between Structures N/A Minimum Floor Area N/A Maximum Building Height Zoned 30 feet Actual 35 feet ACCESSORY STRUCTURES(1) Minimum Front Yard Setback 20 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback(2) N/A Minimum Preserve Setback 10 feet Minimum PUD Boundary Setback East 30 feet South 100 feet West 20 feet Minimum Distance Between Structures 10 feet Maximum Building Height Zoned 25 feet Actual 30 feet BH:Building Height—Zoned (I)Structures such as gatehouses,walls and decorative architectural treatments shall have no setback from property line. (2)Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a residential lot. Where a home site abuts a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the accessory structure setback on the residential lot may be reduced to zero(0)feet where it abuts the easement. Cleary RPUD Exnibits A-F_v11 BCC.docx Page 6 of 12 November 16,2017 11;) N IMMOKALEE ROAD(CR846)100'RIGHT-OF-WAY 20'WIDE TYPE'D'LANDSCAPE BUFFER -- 0 5a n io �� �� �_�_ SCALE:1"=100' /.(/ 7rT/2--/r•(r 1 - r _\l POTENTIAL G rr rr rr rr rr rr I 1 r r r r r r TRACT"OS15" 1 INTERCONNECTION r r r r , r r r I i r/,r/,r/,r/,rl,rl.r I I (OPEN SPACE, 1 WATER MANAGEMENT 1 I D.E.ANDA.E) I'(r'(r'�r'(,r/,r�,r ;' r r r r 15'WIDE r r r / TYPE'B' 7...4 I I''' rrr rrr rrr /LANDSCAPE BUFFER Ir r rI 1 , rrr rrrrr rrrrr - 1 // ' SATURNIA LAKES I L.B.E. I / (PB3615' PG56) CONCEPTUAL I - /( RESIDENTIAL I SITE DATA C BUILDING r TOTAL SITE AREA: 8.9%AC I MULTI-FAMILY AND I 1 RESIDENTIAL 5.36±AC 1GR UPO _ I PRESERVE 1.07±AC HOUSITMPE300'WIDE I 1 WATER MANAGEMENT 1.0±AC BUFFERS/OPEN SPACE 1.56±AC I LANDSCAPEBUFFER I SINGLE FAMILY-15' 1 1 WIDE TYPE'B' i LANDSCAPE BUFFER I I PUD BOUNDARY I I D I I l z C ZONED:A I I % I D m 2 RIGAS PUD UNDEVELOPED I 11 I 1.:13r- RESIDENTIAL 10'WIDE TYPE'A' CONCEPTUAL I I I m m LANDSCAPE BUFFERI RESIDENTIAL I i O 83"" BUILDING 1 m in y 1 II > 0 I I 0 m ; I I MAXIMUM DWELLING UNITS: 63 I I MAXIMUM GROUP HOUSING UNITS: 200 MAXIMUM DENSITY: 7 DU/AC I I 1 PRESERVE: REQUIRED-1.07±ACRES(7.13±ACRES NATIVE I I CONCEPTUAL I I ' VEGETATION X 15%p) I RESIDENTIAL BUILDING I i PROVIDED-1.07±ACRES 1.1-1\---PUD\ BOUNDARY OPEN SPACE: REQUIRED PROVIDED I - I RESIDENTIAL: 5.4±AC(60%) 5.4±AC(60%) \\ GROUP HOUSING: 2.7±AC(30%) 2.7±AC(30%) I I I �\ I \ SATURNIA LAKES I I 15'L.B.E. �\ (PB36 PG57) I ` WWWWWW . W . . WW . W . . W NOTES W W W W * W W *PRESERVE W W I 15'WIDE ‘ 1. PRESERVES MAY BE USED TO SATISFY THE \ . , . . . TYPE'8' \ LANDSCAPE BUFFER REQUIREMENTS AFTER . .. . . . . . I LANDSCAPE \ EXOTIC REMOVAL IN ACCORDANCE WITH LDC . * . W . . BUFFER \ SECTION 4.06.02 AND LDC SECTION 4.06.05.E.1. _ . _ " _ \ SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT �APPROX. \ MATERIALS SHALL BE IN ACCORDANCE WITH LDC RIGAS PUD DISCHARGE SECTION 3.05.07. A MINIMUM 6-FOOT WIDE RESIDENTIAL LOCATION \`\ LANDSCAPE BUFFER MUST BE RESERVED FOR SATURNIA LAKES PLAT ONE ', ADDITIONAL LANDSCAPE MATERIAL WHICH (PB 36,PG 56-65) 15'WIDE TYPE'B'0 \ `;1 SHALL BE ADDED OUTSIDE OF THE PRESERVE TRACT 515" LANDSCAPE BUFFER i ON THE DEVELOPMENT SIDE TO ACHIEVE THE (OPEN SPACE,D.E.ANDA.E.) 80% OPACITY REQUIREMENT WITHIN 6 MONTHS ; OF THE ISSUANCE OF THE FIRST CERTIFICATE OF OCCUPANCY. LEGEND CLEARY RPUD RCM& ®GradyMinor M„.,,, . :"° REVISED �" EXHIBIT C 10/10/2017ISEDI.I. cnii enge,ccn rand surecwre • panne, ranauapc trcm[ccc MASTER PLAN CY� a."RRv. ,9.Rir 119<Y,�'x"v..,a✓, ..,,,✓ .. eav w wan 1 of 1 ,',%2u cuAFlRFS\Ft/MMM,w-PLANNING\CPR.-CLEAR?PROP.,P ONE ca20I6000I085)\onvn*S\ewz MET c MCA,MC 10n0/2017 10•.17 00 EXHIBIT D FOR CLEARY RPUD PARCEL 1 (OR 2651, PG 2615) THE WEST HALF (W 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA PARCEL 2 (OR 2216, PG 252) THE WEST 1/2 OF THE SW 1/4 OF THE NE 1/4 OF THE NW 1/4 OF SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LYING AND BEING IN THE COUNTY OF COLLIER AND STATE OF FLORIDA PARCELS 1 & 2 CONTAINING 8.99 ACRES MORE OR LESS COMBINED Cleary RPUD Exhibits A-F_v11 BCC.docx Page 8 of 12 November 16, 20176 EXHIBIT E FOR CLEARY RPUD LIST OF REQUESTED DEVIATIONS 1. Deviation 1 seeks relief from LDC Section 5.05.04.D.1 which establishes a maximum FAR of 0.45 for group housing to instead permit a maximum FAR of 0.50. Cleary RPUD Exhibits A-F_v11 BCC.docx Page 9 of 12 November 16, 2017 EXHIBIT F FOR CLEARY RPUD LIST OF DEVELOPER COMMITMENTS 1. ENVIRONMENTAL a. The RPUD shall be required to preserve 15% of native vegetation. 7.13± acres of native vegetation exists on-site requiring a minimum preservation of 1.07± acres (7.13 x .15 = 1.07) of native vegetation to be retained. b. A management plan for Florida black bear shall be submitted for review and approval at time of final plat or SDP for the project, whichever is applicable. c. The portion of the 30-foot ROW easement within the preserve will need to be vacated or released prior to final plat or SDP approval, whichever is applicable. 2. PLANNING TDR credits shall be utilized in accordance with the requirements of LDC Section 2.03.07D.4.g. A maximum of 63 dwelling units are permitted in the PUD, of which 36 units are derived from the allowable base density and 27 units are derived from density bonus; of the density bonus, 9 units shall be derived from TDR Credits severed and transferred from Rural Fringe Mixed Use District Sending Lands consistent with the provisions of the Collier County Growth Management Plan. Commencing with submittal of the first development order that utilizes TDR credits (beginning with the 37th unit), a TDR calculation sheet shall be submitted documenting that the developer has acquired all TDR credits needed for that portion of the development. The calculation sheet tracks the chronological assignment of TDR credits with respect to all subsequent development orders until the maximum density allowed by the utilization of TDR credits has been reached (all TDR credits allowing residential development reach a zero balance). 3. 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 Raymond J. Cleary, Jr., 3120 60th Street SW, Naples, FL 34116. 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 Cleary RPUD Exhibits A-F_v11 BCC.docx Page 10 of 12 November 16, 2017 0 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. 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. (Section 125.022, FS) b. All other applicable state or federal permits must be obtained before commencement of the development. 5. TRANSPORTATION a. The project shall be limited to a maximum of 85 PM peak hour two-way trips. 6. LANDSCAPING a. Preserves may be used to satisfy the landscape buffer requirements after exotic removal in accordance with LDC Section 4.06.02 and LDC Section 4.06.05.E.1. Supplemental plantings with native plant materials shall be in accordance with LDC Section 3.05.07. A minimum 6- foot wide landscape buffer must be reserved for additional landscape material which shall be added outside of the preserve on the development side to achieve the 80% opacity requirement within 6 months of the issuance of the first certificate of occupancy. 7. CONSTRUCTION STANDARDS a. Buildings shall be constructed out of concrete/masonry construction, with stucco and/or other finishes. b. Roofs shall be cement or slate tile materials, or other approved equivalent as approved by the County Manager or his designee. c. Ceiling heights shall be a minimum of 9'. d. The project shall utilize concrete pavers at the project entrance. e. The project shall be gated. f. Multi-family buildings are prohibited from having balconies on the east facing building facade adjacent to the eastern PUD boundary. Cleary RPUD Exhibits A-F_v11 BCC.docx Page 11 of 12 November 16,2017 g. Group housing for seniors will be subject to architectural standards in Section 5.05.08 of the LDC. h. The developer shall provide an enhanced landscape buffer within the eastern 30' wide buffer. The enhanced buffer shall include existing vegetation where possible, and supplemental tree clusters in addition to the minimum code required vegetation. Cleary RPUD Exhibits A-F_v11 BCC.docx Page 12 of 12 November 16,2017 ail f . t F9D WF.1A1' FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State November 17, 2017 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. 17-44, which was filed in this office on November 17, 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