CCPC Resolution 2018-02 (PDI-PL20160003482) CCPC RESOLUTION NO. 18 — 02
A RESOLUTION OF THE COLLIER COUNTY PLANNING
COMMISSION FOR AN INSUBSTANTIAL CHANGE TO
ORDINANCE NO. 2008-06, AS AMENDED, THE
PEZZETTINO DI CIELO RPUD, TO ADD TWO DEVIATIONS
RELATING TO LANDSCAPE BUFFERS AND FENCE/WALL
HEIGHT, TO DELETE ONE DEVIATION RELATING TO
CUL DE SAC LENGTH, TO MODIFY DEVELOPMENT
STANDARDS RELATING TO MINIMUM PRINCIPAL AND
ACCESSORY STRUCTURE SETBACKS, TO ADD A NEW
CROSS SECTION EXHIBIT, AND TO REVISE THE MASTER
PLAN TO RECONFIGURE THE SITE LAYOUT. THE
SUBJECT PROPERTY IS LOCATED ON THE EAST SIDE OF
LIVINGSTON ROAD, APPROXIMATELY ONE-HALF MILE
NORTH OF VETERANS MEMORIAL BOULEVARD, IN
SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF ±17.52
ACRES. [PL20160003482]
WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has
conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such
business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code
(Ordinance No. 04-41, as amended) which establishes regulations for the zoning of particular
geographic divisions of the County; and
WHEREAS, the Collier County Planning Commission is authorized by the Board of
County Commissioners to grant insubstantial changes to PUD Ordinances in accordance with
Subsection 10.02.13.E.2 of the Land Development Code; and
WHEREAS, the Collier County Planning Commission, being the duly appointed planning
agency for the area hereby affected, has held a properly noticed public hearing and has considered
the advisability of the requested insubstantial changes for the property hereinafter described, and
has found as a matter of fact that satisfactory provision and arrangement have been made
concerning all applicable matters required by said regulations and in accordance with Subsection
10.02.13.E.2 of the Collier County Land Development Code; and
WHEREAS, all interested parties have been given opportunity to be heard by this
Commission in public meeting assembled and the Commission having considered all matters
presented.
NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY PLANNING
COMMISSION OF COLLIER COUNTY, FLORIDA, that:
[17-CPS-01638/1408234/1j128 rev. 5/7/18
Pezzettino Di Cielo PDI- PL20160003482
142)
Petition No. PDI-PL20160003482 filed by D. Wayne Arnold, AICP, of Q. Grady Minor
and Associates, P.A., representing Distinctive Residential Development at Livingston, LLC, with
respect to the property as described in the Pezzettino Di Cielo RPUD, Ordinance No. 08-06, as
amended, be and the same is hereby approved to add two deviations relating to landscape buffers
and fence/wall height, to delete one deviation relating to cul de sac length, to modify development
standards relating to minimum principal and accessory structure setbacks, to add a new cross-
section exhibit, and to revise the Master Plan to reconfigure the site layout, as shown in the
Pezzettino Di Cielo RPUD amendment and Master Plan attached as Exhibit"A."
BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Commission and filed with the County Clerk's Office.
This Resolution adopted after motion, second and majority vote on the r day
of , 2018.
ATTEST: COLLIER COUNTY PLANNING COMMISSION
COLLIER COUNTY, FLORIDA
iP Ca/FA/
Thaddeus Cohen, Department Head Karen Homi , Vice - Chairman
Growth Management Department
Appr ved as to form and legality:
As17
Scott A. Stone
Assistant County Attorney
Attachments: Exhibit A—RPUD Amendment
[17-CPS-01638/1408234/11128 rev.5/7/18
Pezzettino Di Cielo PDI-PL20160003482
2
PEZZETTINO DI CIELO RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE PEZZETTINO
DI CIELO RPUD,A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
Distinctive Residential Development at Livingston, LLC
Mr. Steve Fiterman
1845 Trade Center Way
Naples,FL 34109
PREPARED BY:
Richard VD.Yovanovich,Esq.
Coodlcttc, Coleman,Yovanovich and JohnsonKoester, P.A.
4001 North Tamiami Trail, Suite 300
Naples, FL 34103
Q. Grady Minor and Associates,P.A.
3800 Via Del Rey
Bonita Springs, FL 34134
239-947-1144
Exhibit A
DATE REVIEWD BY CCPC December 6, 2007
DATE APPROVED BY BCC January 29, 2008
ORDINANCE NUMBER 2008-06
AMENDMENTS AND REPEAL 2004-41
Words underlined are additions;words struclf-thwetigh are deletions
Pezzettino Di Cielo RPUD Last Revised 05/03/2018
TABLE OF CONTENTS
PAGE
SECTION I PROPERTY OWNERSHIP&DESCRIPTION 3
SECTION II RESIDENTIAL AREAS PLAN 5
SECTION III CONSERVATION/ PRESERVE AREA 7
SECTION IV DEVELOPMENT COMMITMENTS 8
SECTION V DEVIATIONS FROM THE LDC +io
LIST OF TABLES AND EXHIBITS
TABLE I DEVELOPMENT STANDARDS 6
EXHIBIT A RPUD MASTER PLAN
EXHIBIT B TYPICAL SECTION(40'RIGHT-OF-WAY)
Words underlined are additions;words struelf-through are deletions
Pezzettino Di Cielo RPUD 2 Last Revised 05/03/2018
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of the Pezzettino Di Cielo RPUD.
1.2 LEGAL DESCRIPTION
The subject property being +/-17.52 acres is described as:
Tax Parcel 22 located in Section 12, Township 48 South, Range 25 East, Collier
County, Florida,described as:
The West 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4 of Section 12, Township
48 South, Range 25 East, LESS AND EXCEPT:
A perpetual easement to Collier County, Florida for roads, utilities and
drainage easement over and across the West 50 feet thereof.
AND
Tax Parcel 9.1 more particularly described as:
Beginning at the Southwest corner of the SW 1/4 of the SW 1/4 of the NE 1/4
of Section 12 Township,48 South, Range 25 East,thence North 660 feet to
a point; thence East 162 feet to the POINT OF BEGINNING; thence
continue East 132 feet to a point; thence South 33o feet; thence West 132
feet; thence North 33o feet to the POINT OF BEGINNING; Subject to a
road Right-of-Way over and across the North 3o feet thereof.
AND
The East 1/2 of the East 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4,less and except
the North 3o feet thereof, and
The West 1/2 of the East 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4,and
The West 1/2 of the East 1/2 of the SW 1/4 of the SW 1/4 of the NE 1/4,and
The West 1/2 of the SE 1/4 of the SW 1/4 of the NE 1/4.
AND
PARCEL ONE as described in O.R. Book 3103, Pg 2950
Words underlined are additions;words s lf-through are deletions
Pezzettino Di Cielo RPUD 3 Last Revised 05/03/2018
The South thirty feet of the North 1/2 of the SW 1/4 of the NE 1/4 of Section 12,
Township 48 S, Range 25 E, Collier County,Florida, LESS AND EXCEPT the East
1/2 of the East 1/2 of the East 1/2 of the North 1/2 of the SW 1/4 of the NE 1/4 of Section
12,Township 48 South, Range 25 East.
All Located in Section 12, Township 48 South, Range 25 East, Collier County,
Florida.
1.3 PROPERTY OWNERSHIP
The subject property is under the ownership of:
Distinctive Residential Development at Livingston, LLC (Parcel
Numbers 00147240008 and 00147840000) and Long Bay
Partners, LLC (Parcel Number 00146680009). Distinctive
Residential Development at Livingston, LLC has a contract to
purchase the balance of the property not under their ownership
from Long Bay Partners, LLC. The lands together make up the ±
17.52 acres covered by this RPUD
1.4 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND
USES
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit"A", RPUD Master Plan.
LAND USE TYPE
Single-family, zero lot line 43K Dwelling Units
WATER MANAGEMENT +/- 2.26 acres
PRESERVE AREA +/- 0.82 acres
ROADS/ROW +/-1.9966 acres
DEVELOPMENT TRACTS +/-12.519 acres
BUFFERS/ OPEN SPACE +/-3.17 acres
TOTAL: +/-17.52 acres
Words underlined are additions;words plc--through are deletions
Pezzettino Di Cielo RPUD 4 Last Revised 05/03/2018
C
SECTION II
RESIDENTIAL AREAS PLAN
2.1 MAXIMUM DWELLING UNITS
The maximum number of dwelling units allowed within the RPUD shall be 4-36.
2.2 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part,for other than the following:
A. Principal Uses:
(i) Single family detached dwellings.
(2) Zero lot line detached dwellings.
B. Accessory Uses:
(i) Customary accessory uses and structures,including private garages,
outdoor kitchen facilities, privacy walls (6'height)pavilions,fountains,
trellises, and other landscape features.
(2) Common recreation amenities. Such uses shall be visually and
functionally compatible with the adjacent residences which have the
use of such facilities.
(3) Essential services,water management facilities and other similar
facilities designed to serve the infrastructure needs of the RPUD.
2.3 DEVELOPMENT STANDARDS
Table I sets forth the development standards for land uses within the "R"
Residential District.
General:
(1) All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided.
(2) In no case shall the minimum setback be less than the required
landscape buffer width.
Words underlined are additions; words struelf-through are deletions
Pezzettino Di Cielo RPUD 5 Last Revised 05/03/2018
GAO
TABLE I —DEVELOPMENT STANDARDS
"R" Residential Areas
Requirements Single Family Zero Lot Line
Minimum lot area 5,000 square feet 5,000 square feet
Minimum lot width 5o feet' 5o feet'
Minimum floor area 1,600 square feet 1,600 square feet
Minimum principal structure setbacks
• Front yard 20 feet2 20 feet2
• Front yard for side entry garages 10 feet 10 feet
• Side yard 6 feet o and 10,or 5 feet3
• Rear yard io feet io feet
• Waterfront 20Lo feet5 20 feet5
• Preserve boundary 25 feet 25 feet
Minimum accessory structure setbacks
• Front yard SPS6 SPS6
• Side yard SP56, 5 e-feet-SPS4
• Rear yard 5LQ feet e fi feet7
• Waterfront 20/0 feet5 20 feet5
• Preserve boundary 10 feet 10 feet
Minimum distance between principal structures 12 feet 10 feet
Maximum height(zoned) 35 feet 35 feet
Minimum lot width for cul-de-sac lots maybe reduced by 20%provided the minimum lot area is
maintained.
2 The distance from the back of the sidewalk to the face of the garage door must be at least 23 feet to
allow room to park a vehicle on the driveway without encroaching into the sidewalk.Should the garage
be side-loaded,plans must ensure that parked vehicles will not interfere with pedestrian traffic.
3 Where a zero foot yard option is utilized,the opposite side of the structure shall have a 10 foot yard.
Otherwise,a minimum 5 foot side yard shall be provided on each side.
4 Patios,pools,6 foot privacy walls,fountains,trellises,landscape features,screen enclosures and the
like may encroach into the 10 foot yard and may attach to the adjoining dwelling provided an easement
is granted from the adjoining dwelling unit owner. In no case shall these elements encroach into the
lake maintenance easement.
5 Measured from control elevation.No setback shall be required from a Lake Maintenance Tract.
6 SPS= Same as Principal Structure.
7 Accessory structures shall not be placed within lake maintenance easements or required landscape
buffers.
8 For any lot abutting Hardesty Road or Enclave Circle, a 7.5-foot setback shall be permitted for one
front yard on Hardesty Road or Enclave Circle.
Words underlined are additions; words plc-through are deletions
Pezzettino Di Cielo RPUD 6 Last Revised 05/03/2018
SECTION III
PRESERVE AREA
3.1 PERMITTED USES
The RPUD Master Plan provides for .82 acres of preserve area which meets the
15% native vegetation preservation requirement. Minor adjustments may be
made to the boundaries of preserve areas based on permitting considerations in
accordance with the Land Development Code (LDC) and Growth Management
Plan (GMP).
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part,for other than the following and subject to permitting:
A. Principal Uses and Structures
1. Passive recreational uses such as pervious nature trails or boardwalks within
the preserve areas, subject to LDC requirements. Fences may be utilized
outside of the preserves to provide protection to the preserves in accordance
with the LDC.
2. Water management detention and structures,excluding a perimeter berm.
a. Native vegetation retention area(s)used for water management purposes
shall meet the following criteria:
(i) There shall be no adverse impacts to the native vegetation being
retained.The additional water directed to this area shall not increase
the annual hydro-period unless it is proven that such would have no
adverse impact to the existing vegetation.
(2) If the project requires permitting by the South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
within the retention area will not have to be removed to comply with
water management requirements. If the District cannot or will not
supply such a letter or other document, then the native vegetation
retention area shall not be used for water management purposes.
3. Native preserves.
4. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals
(BZA)through the process outlined in the LDC.
Words underlined are additions; words struck-through are deletions
Pezzettino Di Cielo RPUD 7 Last Revised 05/03/2018
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 TRANSPORTATION
A. Nothing in any development order shall vest a right of access in excess of a
right in/right out condition at any access point. Neither shall the existence of
a point of ingress, a point of egress or a median opening, nor the lack thereof,
be the basis for any future cause of action for damages against the County by
the developer,its successor in title, or assignee.
B. The developer shall provide payment in lieu of the installation of sidewalks on
one side of the road per the requested deviation in Section 5.1 of this RPUD in
accordance with Section 6.06.02 of the LDC. The amount shall be determined
by utilizing FDOT's 2004 Transportation Costs as amended. Payment in lieu
of providing the sidewalk shall be required prior to approval of plats and plans
for the first phase of the project.
C. A temporary turn lane shall be provided for the project prior to
commencement of on-site construction, and the permanent turn lane
improvements must be complete prior to the issuance of the first certificate of
occupancy(CO).
D. All traffic control devices, signs, pavement marking, and design criteria shall
be in accordance with the Florida Department of Transportation (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FDOT
Design Standards,current edition,and the Manual On Uniform Traffic Control
Devices (MUTCD), current edition. All other improvements shall be
consistent with, and as required by the Collier County's LDC, as amended.
E. Arterial-level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first CO.
F. Access points shown on the RPUD Master Plan are considered to be
conceptual. Nothing depicted on any such Master Plan shall vest any right of
access at any specific point along any property frontage. All such access issues
shall be approved or denied during the review of required subsequent site
plans, final plat submissions, or by an approved Developer Contribution
Agreement (DCA). All such access points shall be consistent with the Collier
County Access Management Policy (Res. No. 01-247), as it may be amended
from time to time, and with the Collier County Long Range Transportation
Plan. The number of access points constructed may be less than the number
depicted on the Master Plan; however, no additional access points shall be
considered unless a PUD amendment is approved.
Words underlined are additions;words struelc-through are deletions
Pezzettino Di Cielo RPUD 8 Last Revised 05/03/2018
G. Site related improvements (as opposed to system related improvements)
necessary for safe ingress and egress to this project, as determined by Collier
County,shall not be eligible for impact fee credits. All required improvements
shall be in place and available to the public prior to commencement of on-site
construction.
H. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Res. No. 01-247), as it may be amended,
and the LDC, as it may be amended. Collier County reserves the right to close
any median opening existing at any time which is found to be adverse to the
health,safety,and welfare of the public. Any such modifications shall be based
on,but not limited to,safety, operational circulation, and roadway capacity.
I. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to
adjacent developments shall be operated and maintained by an entity created
by the developer in accordance with the applicable regulations of the State of
Florida. Collier County shall have no responsibility for maintenance of any
such facilities.
J. If any required turn lane improvement requires the use of any existing County
rights-of-way or easement(s), then compensating right-of-way shall be
provided at no cost to Collier County as a consequence of such
improvement(s).
K. If,in the sole opinion of Collier County,a traffic signal,or other traffic control
device, sign, or pavement marking improvement within a public right-of-way
or easement is determined to be necessary,the cost of such improvement shall
be the responsibility of the developer, his successors or assigns. The
improvements shall be paid for or installed,at the County's discretion, prior to
the issuance of appropriate corresponding CO.
4.3 ENVIRONMENTAL
A. Soil testing for contaminants including chlorinated hydrocarbons,
organophosphates and total petroleum hydrocarbons must be performed prior
to final residential development order approval.
4.4 WATER MANAGEMENT
A. The storm water shall not be discharged into the preserve area until it has been
fully treated in accordance with Collier County and Water Management District
standards.
Words underlined are additions;words mel eugh are deletions
Pezzettino Di Cielo RPUD 9 Last Revised 05/03/2018
Cid
A. The developer shall eobatc $i,eoe to the Collier County Affordable
project. This sum shall be paid prior to the issuance of the CO for the
Words underlined are additions; words stalk-through are deletions
Pezzettino Di Cielo RPUD 4-0 Last Revised 05/03/2018
SECTION V
DEVIATIONS FROM THE LDC
5.1 DEVIATIONS FROM LDC
A. Right-of-Way Width:
The developer requests a reduction in the width of a local roadway right-of-
way from sixty feet(6o')as shown in Appendix B of the LDC to forty feet (4o')
as shown in attached Exhibit AB.
B. The developer requests a deviation from Appendix B of the LDC, which
requires a 5 foot wide sidewalk to be located on both sides of a local street to
permit a 5 foot wide sidewalk to be located on one side of the local street.
C. The developer requests a deviation from Section 22-112 of the Collier County
Code of Laws and Ordinances to permit development excavations to be a
minimum of 20 feet from a property line with protective barriers.
D. The developer requests a deviation from Section 6.06.01 of the LDC,to permit
the cul de sac to exceed 1,000 feet in length as shown on the Master Plan. A
vehicle turnaround meeting local fire district standards shall be provided.
D. The developer requests a deviation from LDC Section 4.06.02 Table 2.4,Table
of Buffer Requirements by Land Use Classifications,which requires a Type'A'
Landscape Buffer, to allow for no landscape buffer on-site but to provide the
required buffer within a joint landscape buffer easement (OR 4160 PG 1841)
located off-site along the north, east and south PUD boundaries.
E. The developer requests a deviation from LDC Section 5.03.02.C.1.a and
9.03.02.F, Fences and Walls, which permits residential fences/walls to be a
maximum of 6'in height from existing ground levels, to permit the perimeter
combination berm/wall to be a maximum height of 8' above the Livingston
Road average back of sidewalk elevation. Maximum 8-ft wall and berm
combination (6 ft wall on approximate 2 ft berm) shall be measured from the
edge of pavement of the existing travel lane at the approximate mid-point of
the parcel frontage on Livingston Rd. This pavement elevation is
approximately 15.0 NAVD.
Words underlined are additions; words strucclf-through are deletions
Pezzettino Di Cielo RPUD 4410 Last Revised 05/03/2018
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