Ordinance 2018-35 ORDINANCE NO. 18 - 35
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 12-26, AS AMENDED, THE
BENT CREEK PRESERVE RPUD, TO AMEND THE MASTER
PLAN TO CHANGE THE DESIGNATION OF A 1.27± ACRE
AREA IN THE NORTHWEST PORTION OF THE PUD FROM
RECREATION AREA ("RA") TO RESIDENTIAL ("R"), TO
REMOVE CELLULAR COMMUNICATION TOWERS FROM
THE LIST OF PERMITTED PRINCIPAL USES IN TRACT RA, TO
REDUCE THE MINIMUM FRONT YARD SETBACK FOR
SINGLE FAMILY ATTACHED AND TOWNHOUSE TO 15 FEET,
AND TO ADD A FOOTNOTE TO THE DEVELOPMENT
STANDARDS TABLE RELATING TO FRONT YARD SETBACKS
ON CORNER LOTS, FOR PROPERTY CONSISTING OF 138.4±
ACRES, LOCATED APPROXIMATELY ONE-HALF MILE EAST
OF THE INTERSECTION OF COLLIER BOULEVARD AND
IMMOKALEE ROAD, IN SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
(PL20170002382).
WHEREAS, Standard Pacific of Florida, represented by Patrick Vanasse, AICP of RWA,
Inc., petitioned the Board of County Commissioners to amend Ordinance No. 12-26, as
amended, the Bent Creek Preserve RPUD.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO RPUD DOCUMENT.
The RPUD Document, attached as Exhibit "A" to Ordinance No. 12-26, as amended, is
hereby amended as shown on Exhibit"A," attached hereto and incorporated herein by reference.
[17-CPS-01713/1387715/1119
Bent Creek Preserve RPUD Page 1 of 2
PUDA-PL20170002382—4/24/18
SECTION TWO: EFFECTIVE DATE
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 O day of J J I , 2018.
ATTEST: CRYSTAL K.KINZEL, BOARD OF C! TY COMMISSIONERS
INTERIM CLERK COLLIER P 0 , FLO' i ;
By: I -�
0 = '=^0 + , Deputy Clerk 'ANDY SOLIS, Chairman
'c.attest a 0:C amnan
,ajgnature'oty.=
Approv d as t form and legality:
Scott A. tone
Assistant County Attorney
Attachment: Exhibit A - Amendments to Bent Creek Preserve RPUD Document
This ordinance filed with the
See,�,�r tory of State's Office take
.1=day of / _c3Q1
and acknowledgement A that
Pilin re eiveds3 day
of
t* &Pty CU?t
[17-CPS-01713/1387715/1]19
Bent Creek Preserve RPUD Page 2 of 2
PUDA-PL20170002382—4/24/18
EXHIBIT A
PROJECT LAND USE TRACTS
TYPE UNITS ACREAGE±
TRACT"R" RESIDENTIAL 450 110.1 111.38
TRACT"RA" RECREATION AREA 0 4:6 3.32
TRACT"P" PRESERVE 0 23.7
TOTAL 138.4
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II TRACT RA PERMITTED USES:
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:
A. Principal Uses (Typically Accessory to Residential Development):
1) Structures intended to provide social and recreational space (private, intended for
use by the residents and their guest only); Construction of the clubhouse shall
commence prior to the issuance of the Certificate of Occupancy( CO)for the
45th residential dwelling unit. The clubhouse shall be located in the large RA
Tract at the terminus of the entrance road, and interior to the development.
2) Outdoor recreation facilities, such as a community swimming pool, tennis and
basketball courts, playground improvements/facilities, and passive and/or active
water features;
3) Signs, including boundary marker signage;
4) Cellular communication tower;
45) 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")
by the process outlined in the LDC.
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Words struck-through are deleted;words underlined are added.
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030008.11.03
Exhibit A
EXHIBIT B
DEVELOPMENT STANDARDS
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TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY MULTI- CLUBHOUSE/
DETACHED ATTACHED & FAMILY RECREATION BUILDINGS
TOWNHOUSE
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 4,500 S.F. 1,250 S.F. PER 1 ACRE 10,000 S.F.
UNIT
MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET N/A
MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F. N/A
MIN FRONT YARD 11 FEET* 10 15 FEET 20 FEET* 25 FEET
MIN SIDE YARD—SINGLE STORY 5 FEET 0 FEET or 6 FEET GREATER OF 10 GREATER OF 15 FEET OR
FEETORY2BH 1/2 BH
MIN SIDE YARD—TWO-STORY 5 FEET GREATER OF 10 GREATER OF 10 GREATER OF 10 FEET OR '
FEET OR 1/2 BH FEET OR Y2 BH BH
MIN REAR YARD 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR '
BH
MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET
MIN. DISTANCE BETWEEN 10 FEET 12 FEET GREATER OF 20 GREATER OF 15 FEET OR '
STRUCTURES—SINGLE STORY FEET OR Y2 THE SUM OF BH
SUM OF BH
MIN. DISTANCE BETWEEN 10 FEET GREATER OF 20 GREATER OF 20 GREATER OF 20 FEET OR '
STRUCTURES - TWO-STORY FEET OR ' FEET OR 1/2 THE THE SUM OF BH
THE SUM OF BH SUM OF BH
MIN. DISTANCE BETWEEN ONE 10 FEET N/A N/A GREATER OF 20 FEET OR 1/2
STORY and MULTI-STORY THE SUM OF BH
STRUCTURES
MAX. BUILDING HEIGHT NOT TO 35 FEET 40 FEET 45 FEET 50 FEET
EXCEED (ZONED)
MAX. BUILDING HEIGHT NOT TO 45 FEET 45 FEET 60 FEET 60 FEET
EXCEED (ACTUAL)
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S. S.P.S. 20 FEET
SIDE S.P.S. S.P.S. S.P.S. 1/2 BH
REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 10 FEET
(DETACHED) 5 FEET 5 FEET 20 FEET 20 FEET
PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET
MINIMUM DISTANCE BETWEEN 10 FEET 12 FEET 12 FEET GREATER OF 15 FEET OR 1/2
STRUCTURES BH
Words struck through are deleted;words underlined are added.
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030008.11.03
Ck(.3)
MAX. BUILDING HEIGHT NOT TO 35 FEET 35 FEET 35 FEET 40 FEET
EXCEED (ZONED)
MAX. BUILDING HEIGHT NOT TO 40 FEET 40 FEET 40 FEET 40 FEET
EXCEED (ACTUAL)
S.P.S. = Same as Principal Structures
BH = Building Height—unless otherwise noted,all building heights shall be"zoned" building heights, as defined in the LDC.
*: Roof overhangs shall not protrude into utility easements.
Notes:
1) No structures are permitted in the required 20-foot lake maintenance easement. No setback is required
for structures adjacent to a lake maintenance easement.
2) Side yards—No side yard shall be required between units when more than one residential unit is in a
single structure(i.e.: attached single-family and townhomes).
3) Terraced setbacks are permitted for either two or three story multi-family structures. Side yard setbacks
shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot
exterior building wall setback is provided for floors above the first floor as depicted in Figure 1 below.
4) Firewall protrusions into required yards are permitted up to three (3') feet but shall not encroach into
any easements.
5) Entrance features(i.e.:monuments,clock towers and colonnades)may be located at the project entrance
and shall be limited to a maximum height of 50 feet.
6) For all residential units,garages must be located a minimum of 23 feet from the back of the sidewalk
located in the street rights-of-way closest to the garage,except for side load garages,wherein a parking
area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked
across a portion,or all of the referenced sidewalk.
7) No more than ten(10)attached dwelling units are permitted per building.
8) In order to support a canopy tree with a minimum 20-foot crown spread as required in LDC Section
4.06.05, individual lots must accommodate enough space for the entire 20-foot canopy to be located
wholly within the lot boundaries,except where the lot is adjacent to a lake maintenance easement,
landscape buffer easement,and/or preserve, in which case,a portion of the required 20-foot canopy
may protrude into such area.
9) For corner lots,only I front yard setback shall be required. The yard that does not contain the driveway
vehicle access shall be considered a side yard and shall provide the appropriate setback.
Words struck-through are deleted;words underlined are added.
Bent Creek Preserve PL-2017-2382 August 2,2017 February 6.2018
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030008.11.03
•
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LINE SETBACK
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SETBACK
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Bent Creek Preserve PL-2017-2382 August 2,2017 February 6,2018
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030008.11.03
6
EXHIBIT C
MASTER PLAN
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BENT CREEK
ffilkil 1"::; PRESERVE, LLC. ___ ,
” _BENT CREEK PRESERVE ® " 0, a
RPUD ENGINEERING m
& yu m.,. RPUD MASTER PLAN -__...--- az=
Words ugh are deleted;words underlined are added.
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030008.11.03
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EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
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PLANNING
A. 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 Centerline Homes
Enterprises Three, LLC. 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."
B. Construction of the clubhouse shall commence prior to the issuance of the Certificate of Occupancy
(CO)for the 45th residential dwelling unit. The clubhouse shall be located in the large RA Tract at
the terminus of the entrance road, and interior to the development.
C. Related to Deviation# 1,as a part of the application material for every building permit for a model
home,the developer shall provide documentation stating how many model homes are in existence
so that the maximum of fifteen model homes is not exceeded.
D. Construction of residential units in the"R"tract(formerly the RA tract)at the northwest corner of
the property shall not commence until removal of the cell phone tower has been completed.
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MISCELLANEOUS
A. Pursuant to Section 124.022(5)F.S. issuance of a development permit by a county does not in any
way creation 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 country for the issuance of the permit if the
applicant fails to obtain the requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertake 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
development.
Words struck through are deleted;words underlined are added.
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030008.11.03 '
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
July 13, 2018
Ms. Crystal K. Kinzel, Interim Clerk
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Teresa Cannon
Dear Ms. Kinzel:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 18-35, which was filed in this office on July 12, 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