Ordinance 2018-17 ORDINANCE NO. 18 - 1 7
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 RUSHTON POINTE
RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM
OF 229 RESIDENTIAL DWELLING UNITS ON PROPERTY
LOCATED ON THE WEST SIDE OF COLLIER
BOULEVARD, APPROXIMATELY TWO THIRDS OF A
MILE SOUTH OF IMMOKALEE ROAD, IN SECTION 27,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING
OF 38.1±ACRES. [PL20150000306]
WHEREAS, Michael R. Fernandez, AICP, of Planning Development, Inc., representing
Ali R. Ghahramani, M.D. Investment Limited Partnership, 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 27,
Township 48, Range 26 East, Collier County, Florida, is changed from a Rural Agricultural (A)
Zoning District to a Residential Planned Unit Development (RPUD) for a project to be known as
the Rushton Pointe RPUD, to allow construction of a maximum of 229 residential dwelling units,
[17-C13S-01665/1394733/1]175 3/20/18
PUDZ-PL20150000306/Rushton Pointe RPUD
Page 1
CA
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 ay day of A 1 r• , 2018.
ATTEST: ;f.°` BOARD OF C P . TY COMMI ONERS
DWIGHT E BROCK;aERK COLLIER i , FLO'
ier
By: LJ' I I Alk ` By: A
Attest as to Chairman's
A DY SOLIS, Chairman
signatureonly''-
Approved as to form and legality:
Scott A. Stone 6,53
Assistant County Attorney
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C-1: Master Concept Plan
Exhibit C-2: Typical Road Section
Exhibit C-3: Typical Road Section(T-Turnaround)
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC
Exhibit F: Developer Commitments This ordinance fiend with the
Secretory of ;ata s Office the
aVtoy of ►`lf
and acknowledgement of that
filing received this afritk day
of !'t■ '_ -Amur
17-CPS-01665/1394733/1 175 3/20/18 B I•, ' rk
PUDZ-PL20150000306/Rushton Pointe RPUD
Page 2
EXHIBIT A
General and Permitted Uses
PERMITTED USES:
The maximum number of dwelling units shall be 229. 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:
1. GENERAL PERMITTED USES AND STRUCTURES.
A. Certain uses shall be considered general permitted uses and structures throughout the
Rushton Pointe RPUD except in the preserve areas. General permitted uses and
structures are those uses, which generally serve the developer and residents of the
Rushton Pointe RPUD and are typically part of the common infrastructure or are
considered community amenities.
1. Water management facilities and related structures.
2. Common recreation amenities which may include a clubhouse. Should these
uses be located adjacent to external properties, a 15' type B buffer with a 6'
wall shall be provided between the amenity center tract and the external
property.
3. Guardhouses, gatehouses, and access control structures subject to applicable
LDC development standards.
4. Maintenance building or structure.
5. Temporary construction, models, sales, and administrative offices subject to a
temporary use permit.
6. Any other principal use which is compatible in nature with the foregoing list of
permitted uses, as determined by the Board of Zoning Appeals ("BZA") or the
Hearing Examiner by the process outlined in the Land Development Code.
Rushton Pointe RPUD— PL2015 000 0306
Document Date:January 24, 2018/ Revised March 20, 2018
Page 1 of 11
2. RESIDENTIAL SUBDISTRICT, Tract "R"
A. Principal Uses:
1. Single-family detached dwellings;
2. Single-family attached dwellings;
3. Two-family and zero lot line;
4. Townhouse;
5. Multi-family;
6. Any other principal use which is compatible in nature with the foregoing list of
permitted uses, as determined by the Board of Zoning Appeals ("BZA") or the
Hearing Examiner by the process outlined in the Land Development Code.
B. Accessory Uses: Accessory uses and structures customarily associated with principal
residential uses permitted in this RPUD, including recreation facilities, such as swimming
pools and screen enclosures.
1. Any other accessory use which is compatible in nature with the foregoing list of
permitted uses, as determined by the Board of Zoning Appeals ("BZA") or the
Hearing Examiner by the process outlined in the Land Development Code.
3. PRESERVE SUBDISTRICT; Tract "P". The LDC requires and the Rushton Pointe RPUD provides
preservation of a minimum of 25% of 11.26 acres of existing native habitat, which is 2.81 acres.
The preserve shall be located at the westernmost end of the parcel where it links to offsite
preserves and provides an enhanced buffer to the abutting residential community, as depicted
on the RPUD Master Concept Plan Exhibit C-1. Permitted uses and structures within the on-site
preserve shall be governed by LDC Section 3.05.07, as may be amended. Preserve includes
approximately 0.16 acres of created preserve.
Rushton Pointe RPUD—PL2015 000 0306
Document Date:January 24, 2018/Revised March 20, 2018
Page 2 of 11
EXHIBIT B
Development Standards
Development of Rushton Pointe RPUD shall be in accordance with the contents of this Ordinance and applicable
sections of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the
time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development
plan, excavation permit, and preliminary work authorization to which such regulations relate. Where these
regulations fail to provide development standards, the provisions of the most similar district in the LDC shall apply.
TABLE I
DEVELOPMENT STANDARDS FOR "R"TRACT
DEVELOPMENT SINGLE SINGLE FAMILY TWO-FAMILY MULTI-FAMILY CLUBHOUSE/
STANDARDS FAMILY ATTACHED & & RECREATIONAL/
DETACHED TOWNHOUSE ZERO LOT LINE MAINTENANCE
BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 4000 SF 1,800 SF 1,800 SF 10,000 SF 10,000 SF
PER UNIT PER UNIT
MINIMUM LOT WIDTH 40 Ft 30 Ft 40 Ft 100 Ft 100 Ft
MINIMUM FLOOR AREA 1000 SF 1000 SF 1000 SF 1000 SF 700 Ft
MIN. FRONT YARD 23 Ft (1) 23 Ft (1) 23 Ft (1) 23 Ft (i) 23 Ft
MIN. SIDE YARD 5 Ft 0 OR 5 Ft (2) 0 OR 5 Ft(2) 0 OR 15 Ft 20 Ft
MIN. REAR YARD 10 Ft 10 Ft 10 Ft 10 Ft 15 Ft
MIN. PRESERVE SETBACK 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft
MIN. DISTANCE BETWEEN 10 Ft 10 Ft 10 Ft 20 Ft 10 Ft
STRUCTURES BETWEEN BLDGS BETWEEN BLDGS BETWEEN BLDGS
MAX. BUILDING HEIGHT 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft
(ZONED)
MAX. NUMBER OF 2 2 2 2 2
STORIES(s)
MAX. BUILDING HEIGHT 40 Ft 40 Ft 40 Ft 40 Ft 40 Ft
(ACTUAL)
ACCESSORY STRUCTURES
FRONT SPS SPS SPS SPS SPS
SIDE SPS SPS SPS SPS SPS
REAR 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft
PRESERVE SETBACK 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft
MAX. HEIGHT 40 Ft SPS SPS SPS SPS
ZONED&ACTUAL
SPS= SAME AS PRINCIPAL STRUCTURE
(continued on next page)
Rushton Pointe RPUD—PL2015 000 0306
Document Date:January 24, 2018/ Revised March 20, 2018
Page 3 of 11
s :,
GENERAL: Except as provided herein, all criteria set forth below shall be understood to be in relation to individual parcel
or boundary lines, or between structures.
Footnotes:
(i) The 23-foot setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk. All
other front yard setbacks shall be as follows:
Where side entry garages are provided, the driveway shall be designed in such a manner that a parked vehicle
shall not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less
than 10 feet.
All other portions of the principal structure except as noted later in this paragraph,whether designed with a front
entry or side entry garage, shall be set back a minimum of 20 feet from the front yard property line, except where
a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only
apply to the street on which the driveway is located, and the other setback abutting the right-of-way shall be a
minimum of 10 feet from the front yard property line. The setback for porches, entry features and roofed
courtyard elements shall be a minimum of 15 feet; except that it shall be a minimum of 5 feet on corner lots for
the yard which does not contain a driveway vehicle access.
Any structures, including overhangs, shall not encroach into a PUE or CUE.
(2) 5-foot minimum setback for single-family attached, townhouse, two-family and zero lot line must be
accompanied by another 5-foot side setback on adjoining lot to achieve minimum 10-foot separation.
(3) All landscape buffer easements and/or lake maintenance easements shall be located within open space or lake
tracts, and not within a residential lot.
(4) A CUE, if needed along the South perimeter as depicted on RPUD Master Plan Exhibit C-2, shall be located outside
the landscape buffer width so as not to conflict with the required buffer plantings.
(5) There shall be no parking level below habitable floors.
Rushton Pointe RPUD—PL2015 000 0306
Document Date:January 24, 2018/Revised March 20, 2018
Page 4 of 11
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Rushton Pointe RPUD- PL 2015 000 0306
Document Date: January 24, 2018/Revised March 20, 2018 ��
Page 7 of 11
EXHIBIT D
LEGAL DESCRIPTION
LEGAL DESCRIPTION OF 38.1 PARCEL TAKEN FROM BOUNDARY SURVEY
DESCRIPTION:
THE NORTH ONE-HALF (N 1/2) OF THE NORTH ONE-HALF (N 1/2) OF THE SOUTH ONE-HALF (S 1/2) OF THE
SOUTHEAST ONE-QUARTER OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LESS THE EAST 100 FEET
FOR PURPOSES OF ROAD RIGHT-OF-WAY, COLLIER COUNTY, FLORIDA.
AND
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHEAST 1/4 OF SECTION 27, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY FLORIDA, LESS THE EAST 100 FEET THEREOF FOR ROAD RIGHT-OF-
WAY PURPOSES.
LESS THEREFROM THE FOLLOWING PARCEL AS DESCRIBED IN THE ORDER OF TAKING RECORDED IN OFFICIAL
RECORDS BOOK 3888, PAGE 1639, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA:
A PORTION OF SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, ALSO BEING A
PORTION OF THOSE LANDS DESCRIBED IN O.R. BOOK 1422, PAGE 1906 OF THE OFFICIAL RECORDS OF COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF TRACT "D-1" AS SHOWN OF INDIGO LAKES UNIT ONE AS
RECORDED IN PLAT BOOK 34, PAGES 76-84 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE
SOUTH 02°15'33" EAST, ALONG THE WEST RIGHT-OF-WAY LINE OF COUNTY ROAD 951 (C.R. 951), FOR A
DISTANCE OF 671.55 FEET, TO THE NORTHEAST CORNER OF TRACT "D" CAMDEN COVE AS RECORDED IN PLAT
BOOK 39, PAGES 24-25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE NORTH 89°55'47"
WEST, ALONG THE NORTH LINE OF SAID TRACT "D", FOR A DISTANCE OF 60.05 FEET; THENCE NORTH
02°15'33" WEST, ALONG A LINE 60.00 FEET WESTERLY OF AND RUNNING PARALLEL WITH THE WESTERLY
RIGHT-OF-WAY LINE OF COUNTY ROAD 951 (C.R. 951), FOR A DISTANCE OF 671.55 FEET, TO A POINT OF THE
SOUTH LINE OF TRACT "D-1" AS SHOWN ON INDIGO LAKES UNIT ONE; THENCE SOUTH 89°56'00" EAST, ALONG
SAID SOUTH LINE FOR A DISTANCE OF 60.05 FET TO THE POINT OF BEGINNING.
Rushton Pointe RPUD—PL2015 000 0306
Document Date:January 24, 2018/ Revised March 20, 2018
Page 8 of 11
EXHIBIT E
LIST OF 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, as noted on RPUD Master Plan Exhibit C-1 and depicted by Typical Road Section
Exhibit C-2.
Deviation 2. From LDC Section 6.06.01.J, which prohibits dead-end streets, to allow the two dead end streets
of less than 100 linear feet, at locations depicted and noted on the RPUD Master Plan Exhibit C-
1 and as depicted on Typical Road Section /(T-Turnaround) Exhibit C-3.
Deviation 3. From LDC Section 6.06.02.A.2, 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 only on the north side of the private street located parallel to the property's
southern property line, as depicted and noted on the RPUD Master Plan Exhibit C-1, where the
internal road only supports residential on its north side.
Deviation 4. From LDC Section 6.06.02.A.2 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 only on one side of each of the two dead end streets at locations depicted and
noted on the RPUD Master Plan Exhibit C-1 and as depicted on Typical Road Section /(T-
Turnaround) Exhibit C-3.
Rushton Pointe RPUD—PL2015 000 0306
Document Date:January 24, 2018/ Revised March 20, 2018
Page 9 of 11
EXHIBIT F
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 Ali R.
Ghahramani, M.D. Investment Limited Partnership, 7223 Ayrshire Lane, Boca Raton, Florida, 33496.
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. Pursuant to Section 125.022(5) F.S., 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.
3. All other applicable state or federal permits must be obtained before commencement of the
development.
4. Project shall not exceed 221 PM Peak Hour trips, as listed by the Traffic Impact Statement submitted
with the application based on the use codes in the ITE Manual on trip generation rates in effect at the
time of application for SDP/SDPA or subdivision plat approval.
5. The north and south RPUD property line buffers shall be enhanced to include the opaque hedge
requirement of the LDC Type B buffer when a Type A buffer is required.
6. When applicable, LDC Section 4.06.05—General Landscaping required for residential developments; the
required canopy trees of one per 3,000 sf of pervious open space per lot, shall be located within the
individual lot's rear setback (abutting lakes, preserves or buffers) to avoid potential conflicts with utility
infrastructure.
7. Community assembly and recreational facilities and their associated accessory uses such as parking,
are prohibited within 125 feet of the Indigo Lakes PUD boundary.
Rushton Pointe RPUD— PL2015 000 0306
Document Date:January 24, 2018/Revised March 20, 2018
Page 10 of 11
8. When a parking lot accessory use is required by the LDC for a recreational amenity as an element of
multi-family residential development, the parking lot pavement shall be concrete and be appropriate for
a dual-purpose use (parking and recreational) and the parking lot shall incorporate at a minimum, a
singular basketball hoop stand with backboard as an amenity. The commitment will only apply to the
first SDP that includes such a recreational amenity.
9. The north property line buffer and the south property line buffers (and the preserve buffer hedge when
required by this RPUD), shall be enhanced with a vinyl-covered five-foot high chain-link fence centered
and placed in the shrub installation which meets the 80%opacity hedge standard of the Type B landscape
buffer referenced in Developer Commitment 5 of this exhibit.
10. 30% of the north property line buffer canopy trees shall be substituted with a sabal palm grouping of
three with each grouping including minimum clear trunk heights of 10-foot, 14-foot and 16-foot. One
such grouping shall be located immediately south to each offsite Indigo Lakes residential lot where
abutting a Rushton Pointe residential tract.
11. The north property line buffer hedge shall be comprised of a minimum of ten-gallon plants which are
five-feet in height and three-feet in spread at installation and spaced a maximum of four feet on center.
Alternating shrubs shall form two hedge lines; half the shrubs shall be installed on the south side and
half on the north side of the fence required by #9 above. The plant material to be utilized shall be
Cocoplum; unless the Indigo Lakes Master Association agrees and enters into a mutually acceptable
agreement to maintain the hedge north of the fence, in which case the south side of the fence shall be
planted with Cocoplum and the north side with Clusia; except that Cocoplum will be used on both sides
of the fence when abutting or within 50 feet of an onsite or offsite preserve.
12. Three-tab asphalt roofing shingles are prohibited from being utilized within this RPUD.
13. This RPUD shall not be developed as a rental apartment community.
Rushton Pointe RPUD— PL2015 000 0306
Document Date:January 24, 2018/Revised March 20, 2018
Page 11 of 11
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 26, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara
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. 18-17, which was filed in this office on April 26, 2018.
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