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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 0 � o . M O _TWA ril 0 co F rw w w Z In,_ cc Z aZc7Ys oN a F �JLL Q awLan-' ani o mao J ,Z.,Av> o= oazQ. mow�0 D Um >z�z aQ�a�w- A LA LUZOw /1 zOacjg i N°5a8 W az7ZCNriaa ii . 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If' c a N Tri p oWQ=- a mu.00� -_.._°_I v n __ _._.._. OZ- A POOLLHQy15 ti sa- T w-w ,699 w000 - m r V, V, P2, 1°. '-'5" 'i n 6, m e u, w uo Z o f r , m2 A l y 2 u v' I 7VI_LN3413a A71Y3 379NI5 7m Oa a m 22 2 z2, of ' Rushton Pointe RPUD-PL 2015 000 0306 Document Date: January 24, 2018/Revised March 20,2018 Page 5 of 11 ;it CO CD -i- C) _ o V� 0 O CO V W HN ZO NO N J .n CO CL } cc — _ ;,..`1:< 4 T-9 ? in D~ Q --) > .... \ \R § ‘,#.. 8 vii 3 w 0 H „AN < 1� 0 GJ Z_ W w oD 0 .7..-j < `' N CFIQ O U Q er m aLL Z Z O I UW z = I- ° - a Z i J J 2 j N U... O Z � DW cc cc Illo U Q D w 0 O ci a 0 � O ..' 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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 Ma ,,,\,, •-.."1 tf .'t,::: y b 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