Backup Documents 04/26/2011 Item # 8A
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COLLIER COUNTY FWRIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
SA
To: Clerk to the Board: Please plaee the followmg a. a:
XXX Normal Legal Advertisement Other:
(Display Adv., location. etc.)
........*.................*...******.*...............*...*.*******..*.*.....*........*.**.*.***..*...*.
Originating DeptI Div: CDES./Zonln2 Person: Kay Deselcm. AICP"{lj Date: 311 ~ II t
Petition No. (If none, give brief description): PUOZ-PL201Q-I054, HD Development RPUD
Petitioner: (Name &. Address): Mr. Chris Mirohell, Waldrop Engineering, 28100 Bonita Grande Drive, Suite 305. Booita
Springs, FL 34135
Name &. Address of any person(s) to be notified by Clerk's Office: (Ifmore space is needed. attad1 separate sheet): Mr. Richard
Yovanovich, Coleman. Yovanovicb. & Koester, 4001 T8I11aimi Trail N, Suite 300, Naples, FL 34103; Olde Cypress
Development LTD. 2647 Professional CiIcle. Suite 1201. Naples, FL 34119; Mr. Brian K Stock. Manager. Vita Prima LLC.
2647 Professional CiIcle. Suite 1201. Naples, FL 34119 . .--
Hearing befOTe BCC
BZA
Other
Requested Hearing date:
April 12. 2011
Based on advertisement appearing 20.dln before hearing.
Newspaper(s) to be used: (Complete only if important):
xxx Naples Daily News
. Other
Legally Required
Proposed Text: (Include legal description &. common location &. Size: PUDZ-PL201o-1054: Vi~ Pima. LLC. represented by
Christopher R. Mitchell. P.E. of Waldrop Engineering. P.A.. and Richard D. Yovanovich. Esquire of Coleman, Yovanovich &.
Koester, P .A.. is requesting a Rezone from the Residential Planned Unit Development (RPUD) zoning district with a Special
Treatment (ST) Overlay fOT a project that is known as the HD Development RPUD, and the Agricultural (A) zoning district. to
the RPUD zoning district to allow for development of a maximwn of 125 single-family residential Wlits and 33 multi-family
units, and associated accessory uses. The 65.29* acre subject property is located along the north side of Immokalee Road (CR
846) approximately 330 feet east ofQlde Cypress Boulevard in Section 21, Township 48 South. Range 26 East. Collier County.
Florida. (Companion to DOA-PL2010-1052 & PUDA-PL2010-388)
Companion petition( s). if any &. proposed hearing date:
Does Petition Fee include advertising cost? Yes No It Yes, what account should be charged for advertising costs:
PO NUJIlber: 4500096189 for A~eouDt Number: 068779
S-Ib'/!
Date
List Attachments:
DISTRIBUTION INSTRUCfIONS
A. _For hearings before Bee or BZA: Inltbtiag peno. to complete ODe copy a.d obtain DlvIslo. Bad approval
before lubmittbag to Coanty Manager. Note: H legal doc.meld is involved, be sure that any nec:essary legal review,
or request for same, is su.bmitted to COllllty AttorDey before nbmitting to Coullty Ma...pr. TIle MaDager'. omce
wiD distribute copies:
Couaty Manager agenda me: to Requesting Division
Orlglna. Clerk'. Oflke
A . Other bearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
.............................................**..........................*........................*..*
FOR CLERK" ;~\ :81< ONLY' ,( l. Ill.,
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ORDINANCE NO. 11-_
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 CLASSIFICA nON OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
AND AGRICUL TURAL (A) ZONING DISTRICTS TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT FOR THE PROJECT KNOWN AS HD
DEVELOPMENT RPUD, TO ALLOW DEVELOPMENT OF UP
TO 125 SINGLE-FAMILY RESIDENTIAL UNITS AND 33
MULTI-FAMILY UNITS AND ASSOCIATED ACCESSORY
USES, LOCATED ON THE NORTH SIDE OF IMMOKALEE
ROAD, EAST OF OLDE CYPRESS BOULEVARD, IN
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 65.29+/-
ACRES SUBJECT TO CONDITIONS; PROVIDING FOR THE
REPEAL AND REPLACEMENT OF ORDINANCE 05-65; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chris Mitchell of Waldrop Engineering, P.A., representing Vita Pima, LLC,
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 real property more particularly described in Exhibit D,
attached hereto and incorporated herein by reference, located in Section 21, Township 48 South,
Range 26 East, Collier County, Florida, is changed from the Residential Planned Unit
Development (RPUD) and Agricultural (A) Zoning Districts to a Residential Planned Unit
Development (RPUD) Zoning District for a 65.29+/- acre project known as HD Development
RPUD, subject to compliance with Exhibits A through F, attached hereto and incorporated herein
and by reference made part hereof. The appropriate zoning atlas map or maps, as described in
HD Development / PUDZ-PL2010-1054
Revised 3/04/11
10f2
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Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are
hereby amended accordingly.
SECTION TWO:
Ordinance 05-65, adopted on November 15, 2005, by the Board of County
Commissioners of Collier County, is hereby repealed in its entirety and replaced with these
provisions.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DUL Y ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this day of ,2011.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
By:
FRED W. COYLE, Chairman
, Deputy Clerk
Approved as to form
and legal sufficiency:
Steven T. Williams .,-<~ .a.\.ll
Assistant County Attorney
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Deviations from the LDC
Exhibit F - Development Conunitments
Exhibit G - Schematic Buffer Design
Exhibit H - Boardwalk/Sidewalk Easements
CP\l O-CPS-Q 1 043\51
HD Development / PUDZ.PL20 1 o-} 054
Revised 3/04/11
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EXHIBIT "A"
LIST OF PERMITTED USES
HDDEVELOPMENTRPUD
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. Princioal Uses and Structures:
1. Single-Family dwelling units.
2. Multi-Family dwelling units (limited to Tract "A").
Any other principal and related use that is determined to be comparable to the foregoing
by the Board of Zoning Appeals. pursuant to the process outlined in the Land
Development Code (LDC).
B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses including but
not limited to:
1. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. ClubhouselRecreation uses and facilities, for areas designated as Multi-Family on
the PUD Master Plan, including swimming pools, tennis courts, volleyball courts,
fishing docks, walking paths, picnic areas, recreation buildings, and
basketbalVshuffie. board courts.
3.. Gatehouse
4. Essential services, including interim and permanent utility and maintenance
facilities.
5. Water management facilities.
6. Any other accessory use and related use that is determined to be comparable to
the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the Land Development Code (LDC).
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 03/03/2011
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c. Preserve Area Uses:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for the preserve area depicted on the RPUD Master Plan other than the
. follow,ing:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Any other conservation related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
Land Development Code (LDC).
D. Development Density
1. A maximum of 125 Single-Family Residential dwelling units for all Single-
Family tracts within the HD Development RPUD.
2. A maximum of33 Multi-Family.
3. A maximum of 158 dwelling units shall be constructed in the Residential Areas of
the project. The gross project area is 65.29 :!: acres and the residential density
maximum shall be 2.42 l.U1its per acre.
HD Development RPUD . PUDZ-PL20 1 O~ 1 054
Last Revised: 03/03/2011
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EXIllBIT "B"
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DEVELOPMRNTSTANDARDS
HDDEVELOPMffiNTRPUD
Development of the HD Development RPUD shall be in accordance with the contents of this
Ordinance and applicable sections of the 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 developmental standards, then
the provisions of the most similar district shall apply.
Table I below sets forth the development standards for residential land uses within the HD
Development 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.
Front yard setbacks in Table I shall be measured as follows:
1. If the parcel is served by a public or private right-of~way, the setback is measured from
the adjacent right.:.of-way-line.
2. If the parcel is served by a non~platted private drive, the setback is measured from the
back of curb or edge of pavement. If the parcel is served by a platted private drive, the
setback is measured from the road easement or property line, whichever is more
restrictive.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Standards Single Family Multi Family
Minimum Lot Area 6,000 SF (per unit) N/A
Minimum Lot Width 50' (1) N/A
Front Yard Setback 19' (2) 15'
Side Yard Setback
1 Story 6' 7.5'
2 Story 6' 10'
3 Story N/A 12.5'
Rear Yard Setback
Principal Structure 20' (30' adjacent to aIde 20'
Cypress PUD)
Accessory Structure 10' (20' adjacent to Olde 10'
Cypress PUD)
PUD Boundary Setback
Principal Structure NIA 20'
Accessory Structure N/A 10'
Lake Setback (3) 20' 20'
Preserve Area Setback
Principal Structure 25' 25'
HD Development RPUD - PUDZ-PL2010-1054
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Accessory Structure 10' 10'
Distance Between Structures
Main/Principal
I Story 12' IS'
2 Story N/A 20'
3 Story N/A 25'
Accessory Structures 10' 10'
Maximum Height
Principal Building (Actual) 40' with a max of2 story N/A
Principal Building (Zoned) 35' 42' with a max. of 3 stories
Accessory Building (Actual) 25' N/A
Accessory Building (Zoned) 20' 020'
Clubhouse Building (Actual) N/A N/A
Clubhouse Building (Zoned) N/A 38'
Minimum Floor Area 1600 SF 650 SF for 1 Bedroom
900 SF for 2 Bedrooms
1000 SF for 3 Bedrooms
1. May be reduced on cuI-de-sac lots and lots on the inside part of the curved streets by 25%.
2. The distance from the back of the sidewalk to the garage door must be at least 23 feet to
allow room to park a vehicle on the driveway without parking over the sidewalk. The
front yard setback for side-loaded garages may be reduced to 18', with the home
remaining at 19'. There shall be at least a 23-foot paved area on a perpendicular plane to
the garage door or plans must ensure that parked vehicles will not interfere with
pedestrian traffic.
3. Lake setbacks are measured from the control elevation established for the lake.
A. PRESERVE AREA REQUIREMENTS
I. A minimum of twenty-five (25) percent of the viable native vegetation (64.9 acres), as
described in Section 3.05.07.B of the Land Development Code, shall be provided on-site,
including both the under-story and the ground cover emphasizing the largest contiguous
area possible. A total of 16.23 acres is required to be preserved.
B. LAKES
2. Lake slopes shall be 4 to 1 from control elevation to a depth 7 feet below control
elevation. The allowable lake slope from seven feet below control to the lake bottom (a
maximum of 20 feet total depth) is 2 to 1.
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 03/03120 II
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HD DEVELOPMENT RPUD
CLIENT; VITA PIMA, LLC.
PUD MASTER !'LAN
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ENGINEERING
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8 A ~"1
EXHIBIT "D"
LEGAL DESCRIPTION
HD DEVELOPMENT RPUD
Property Description:
A parcel or tract of land situated in the State of Florida, County .of Collier, lying in Section 21,
Township 48 south, Range 26 east and being further bounded and described as follows:
Commencing at southwest comer of the southwest quarter of Section 21) TOWn.ship 48 south,
Range 26 east, thence n.00059151"w. along the west line of the southwest quarter of said section
for 100.00 feet to the northerly right-of line of a 100 feet wide drainage canal as described in
deed book 43, page 251 of the Public Records of Collier County, Florida; thence n. 89008'23 lie.
along said northerly right-of way for 330.14 feet to the southeast comer of Tract 13 of Olde
Cypress, Unit One, a subdivision recorded in Plat Book 32 at pages i through 11, inclusive, of
the public records of Collier COWlty, Florida; thence continue n. 89008'23 lie. along said northerly
right-of-way line for 330.14 feet to an intersection with the west line of the west .half of the east
half of the southwest quarter of the southwest quarter of said section 21 and to the point of
beginning; thence n.00059'15"w. along the west line of said fraction for 1230.24 feet to the
northwest comer of said fraction and to the southerly line of the aforesaid Olde Cypress, Unit
One subdivision; thence n.89007'34"e. along the southerly line of said subdivision for 1981.51
feet; thence n.89008'07"e. along the southerly line of said subdivision for 330.24 feet to the
northeast corner of the west half of the west half of the southwest quarter of the southeast quarter
of said section 21; thence s.00057' 12 "e. along the east line of said fraction and along said
subdivision line for 1230.83 feet to the aforesaid northerly right-of-way line of a 100 feet wide
drainage canal; thence s.89009'28"w. along said northerly right-of-way for 330.16 feet to the east
line of the southwest quarter of said section 21; thence s.89008'23"w. along said northerly right-
of-way line for 1980.86 feet to the point of beginning.
Parcel contains 65.294 acres, more or less.
HD Develop~ent RPUD - PUDZ-PL2010-1054
Last Revised: 03/03/2011
Page 6 of 11
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EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE
lID DEVELOPM:ENT RPUD
Deviation No.1: The Applicant is requesting a deviation from Land Development Code (LDC)
Section 6.06.01. 0 to allow for a 50' right-of-way internal to the proposed development This
Section of the LDC requires that a local road right-of-way be a minimum of 60 feet wide.
JustifICation: The internal rights of way shall be private and shall be maintained by the HOA.
The proposed deviation allows for design flexibility as well as consistency with right-of-way
widths approved for the HD Development RPUD. The reduced right-of-way Width allows for
single family development within the parcel. For these reasons, the proposed deviation will not
negatively impact public health, safety or welfare.
Deviation No.2: The Applicant is requesting relief from Land Development Code (LDC)
Section 5.03.02.C which permits a maximum wall height of six (6) feet in residential zoning
districts, to allow for a maximum height of eight (8) feet for a combination wall and berm along
a portion of the southern property line.
Justification: The proposed deviation will allow for additional visual screening and mitigation of
noise pollution resulting from traffic along ~okalee Road, a 4-lane divided arterial roadway.
Approval of this deviation will serve to promote public health, safety and welfare, as well as
enhance the HD Development PUD and Olde Cypress Community.
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 03/03/2011
Page 7 ofl1
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EXHIBIT "F"
DEVELOPMENT COMMITMENTS
HDDEVELOPMENTRPUD
1. ENVIRONMENTAL
A. The flow-way/cypress slough (FLUCCS Code 621) shall be preserved as shown on the
. PUD Master Plan.
2. LANDSCAPE
A. The required lO-foot Type A buffer required along the northern property line shall be 20
feet wide from the western property line a distance of approximately 1,160 feet, where
Treeline Drive diverts from the east-west alignment to head northwest, as depicted in
Exhibit C PUD Master Plan. The plantings will be consistent with Exhibit GOlde
Cypress South Buffer.
B. A combination 6-foot masonry wall and 2-foot berm shall be required along a portion of
the southern property line, as depicted on Exhibit C PUD Master Plan. The location of
the wall is subject to approval at the time ofPPL review.
3. TRAFFIC
The development of this PUD shall be subject to and governed by the following minimum
stipulations.
A. Payment in Lieu of 6-foot sidewalks and 4-foot bike lanes for Immokalee Road frontage
shall be required. The amount shall be determined utilizing FDOT's 2008 Transportation
Costs, as amended, Payment shall be required prior to PPL approval.
B. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and
all other neighboring developer(s)/property owner(s), that directly benefit from said
traffic signa1(s), will be determined based upon percentage of usage/impact. The Owner,
his successor, or assign(s) agrees to contribute proportionate far share payment(s) toward
traffic control improvements at the following intersections:
1. Treeline Drive at Olde Cypress Boulevard/Logan Boulevard Extension
2. Olde Cypress Boulevard at lmmokalee Road
The improvements may include, but shall not be limited to, signal insiaUation or improvement of
existing signalization, and turn lane improvements. Payment shall be required within 90 days of
the County's request, or upon inclusion of improvements in adevelopment order such as an SDP
or Plat, ,or when warrants are considered met as a result of the project's traffic. Proportionate
share must be calculated based on percentage of this project's impact on the operating capacity
of the improvements. Payment shall be made to the entity responsible for construction!
maintenance/ ownership of the improvement(s).
HD Development RPUD - PUDZ-PL20 1 0-1 054
Last Revised 03/03/2011
Page 8 of II
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For any improvements constructed by the OWne.r, and for any rights of way or Public Access
easements contributed by this development to Collier County, the Owner, his successor, or
assign(s) agrees to retain responsibility to operate and maintain said conveyances until such time
that the Board of County Commissioners formally accepts ownership and maintenance
responsibility for of the improvements.
C. A sidewalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, for the existing sidewalk/pathway servicing the existing control structure
for the Cocohatchee Canal. The granting of the sidewalk easement will not require
additional buffer width for the landscape buffer required adjacent to the canal right-of-
way. Plantings shall be placed within the remaining width of the 20 foot landscape buffer.
If the area cannot be effectively planted, no plantings shall be required' for the length ,of
the easement. The sidewalk easement shall be provided by the Owner at no cost to the
county within 90 days of the County's request" or upon inclusion of improvements in a
development order, such as an SDP or Plat.
D. A boardwalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, to allow for an elevated boardwalk adjacent to the surface water
management weir providing controlled discharge for the adjacent slough to the
Cocohatchee Canal. The easement shall be 15 feet wide and taper to the boundary within
,50 feet of the end of the weir. The granting of the boardwalk easement will not require
additional buffer width for the landscape buffer reqUired adjacent to the canal right-of-
way for portions of the buffer within the developable portions of the PUD. Plantings
shall be placed within the remaining width if the 20 foot landscape buffer. If the area
cannot be effectively planted, no plantings shall be required for the length of the
easement. The Owner will cooperate with Collier County as the land owner in securing
the necessary permits for the construction of the boardwalk. The Owner shall not be
financially responsible for the permitting, wetland mitigation or construction of the
boardwalk. The boardwalk easement shall be provided by the Owner at no cost to the
county within 90 days of the County's request, or upon inclusion of improvements in a
development order, such as an SDP or Plat.
HD Development RPUD - PUDZ-PL20 1 O~ I 054
Last Revised: 03/03/20] I
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HD DEVELOPMENT RPUD
CLIENT: VITA PIMA, LLC.
PUD I!XHJBIT .!t"
lID Development RPUD ~ PUDZ-PL2010.1054
Last Revised: 03/0312011
Page 11 of 11
8 A ' .
Acct. #068779
March 16,2011
Attn: Legals
Naples News Media Group
1100 lmmokalee Rd.
Naples, Florida 34110
Re: PUDZ-PL2010-1054; HD Development RPUD
Dear Legals:
Please advertise the above referenced notice on Tuesday, March 22, 2011, and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.o. #4500096189
SA
i
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on TUESDAY, April 12, 2011, in the
Boardroom, 3rd Floor, Administration Building, Collier County
Government Center, 3299 East Tamiami Trail, Naples, Florida, the
Board of County Commissioners will consider the enactment of a County
Ordinance. The meeting will commence at 9:00 A.M. The title of the
proposed Ordinance is as follows:
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 THE RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) AND AGRICULTURAL (A) ZONING DISTRICTS TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR
THE PROJECT KNOWN AS HD DEVELOPMENT RPUD, TO ALLOW DEVELOPMENT
OF UP TO 125 SINGLE-FAMILY RESIDENTIAL UNITS AND 33 MULTI-FAMILY
UNITS AND ASSOCIATED ACCESSORY USES, LOCATED ON THE NORTH SIDE
OF IMMOKALEE ROAD, EAST OF OLDE CYPRESS BOULEVARD, IN SECTION
21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 65.29 +/- ACRES SUBJECT TO CONDITIONS; PROVIDING
FOR THE REPEAL AND REPLACEMENT OF ORDINANCE 05-65; AND BY
PROVIDING AN EFFECTIVE DATE.
Copies of the proposed Ordinance are on file with the Clerk to the
Board and are available for inspection. All interested parties are
invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register
with the County administrator prior to presentation of the agenda
item to be addressed. Individual speakers will be limited to 3
minutes on any item. The selection of an individual to speak on
behalf of an organization or group is encouraged. If recognized by
the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the
Board agenda packets must submit said material a minimum of 3 weeks
prior to the respective public hearing. In any case, written
materials intended to be considered by the Board shall be submitted
to the appropriate County staff a minimum of seven days prior to the
public hearing. All material used in presentations before the Board
will become a permanent part of the record.
8A
~ .
Any person who decides to appeal a decision of the Board will need a
record of the proceedings pertaining thereto and therefore, may need
to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is
based.
If you are a person with a disability who needs any accommodation in
order to participate in this proceeding, you are entitled, at no cost
to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Department, located at 3335
Tamiami Trail East, Building W, Naples, Florida 34112, (239)252-8380;
Assisted listening devices for the hearing impaired are available in
the County Commissioners' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
( SEAL)
Dwight E. Brock
Clerk of Courts
8 A ~.~
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 16,2011
Chris Mitchell
Waldrop Engineering
28100 Bonita Grande Drive
Suite 305
Bonita Springs, FL 34135
Re: Notice of Public Hearing to consider Petition
PUDZ-PL20l0-l054: HD Development RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 12, 2011, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Tuesday, March 22, 2011.
You are invited to attend this public hearing.
Sincerely,
D~GHTE.BROCK,CLERK
~
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
\ ""-
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CLERK OF THE RC IT COURT
COLLIER COUNTY OUR OUSE
3301 TAMIAMI IL E S1
Po. BOX 4 3044
NAPLES, FLORIDA 4101-3 44
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 16,2011
Richard Y ovanovich
Coleman, Y ovanovich & Koester
4001 Tamiami Trail N.
Suite 300
Naples, FL 34103
Re: Notice of Public Hearing to consider Petition
PUDZ-PL20l0-l054: HD Development RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 12, 2011, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Tuesday, March 22,2011.
You are invited to attend this public hearing.
Sincerely,
D~GHTE.BROCK,CLERK
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239)252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
Hi er
CLERK OF THE RC IT COURT
COLLIER COUNTY OUR :~OUSE
3301 TAMIAMI IL E,\ST
P.O. BOX 4 3044 l~
NAPLES, FLORlDA~ 44
8A
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Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 16,2011
Olde Cypress Development, L TD
2647 Professional Circle
Suite 1201
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
PUDZ-PL20l0-l054: HD Development RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 12, 2011, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Tuesday, March 22,2011.
You are invited to attend this public hearing.
Sincerely,
D~GHTE.BROCK,CLERK
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Dwight E. Brock
Clerk of Courts
nto~llier
CLERK OF THE IRCtJIT COURT
COLLIER COUNTY ,tOUR~OUSE
330] TAMIAMI ~IL E~T
P.O. BOX 4 3044
NAPLES, FLORIDA VO]-3 44
"T;J
8A
Clerk of Courts
Accountant
Auditor
Custodian of County Funds
March 16,2011
Brian K. Stock
Vita Prima, LLC
2647 Professional Circle
Suite 1201
Naples, FL 34119
Re: Notice of Public Hearing to consider Petition
PUDZ-PL2010-1054: HD Development RPUD
Dear Petitioner:
Please be advised that the above referenced petition will be considered by
the Board of County Commissioners on Tuesday, April 12, 2011, as
indicated on the enclosed notice. The legal notice pertaining to this petition
will be published in the Naples Daily News on Tuesday, March 22,2011.
You are invited to attend this public hearing.
Sincerely,
Martha Vergara,
Deputy Clerk
Enclosure
Phone (239) 252-2646
Website: www.collierclerk.com
Fax (239) 252-2755
Email: collierclerk@collierclerk.com
Martha S. Vergara
SA
, .~
From:
Sent:
To:
Subject:
Attachments:
Martha S, Vergara
Wednesday, March 16,2011 3:41 PM
Naples Daily News Legals
PUDZ-PL-2010-1054, HD Development RPUD
PUDZ-PL2010-1054 HD Dev. RPUD (4-12-11).doc; PUDZ-PL2010-1054 HD Dev. RPUD
(4-12-11 ).doc
Legals,
Please advertise the following attached ad on Tuesdav. March 22. 2011.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
and Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
1
8 A f;.
Martha S. Vergara
From:
Sent:
To:
Subject:
Legals NON [Iegals@naplesnews,com]
Wednesday, March 16,2011 3:47 PM
Martha S. Vergara
RE: PUDZ-PL-2010-1054, HD Development RPUD
OK
remeCy CPaean
:Naples (j)aiCy :News
Leoa{ (j)ept
(])irect Line:
P~Line:
239-213-6061
39-263-4703
Send notices to: leqals@naplesnews.com
From: Martha S. Vergara rmailto:Martha.Vergara(Cilcollierclerk.com)
Sent: Wednesday, March 16, 2011 3:41 PM
To: Legals NDN
Subject: PUDZ-PL-2010-1054, HD Development RPUD
Legals,
Please advertise the following attached ad on Tuesdav. March 22. 2011.
Send an ok when you receive.
Thanks,
Martha Vergara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
1
and Value Adjustment Board
Office: (239) 252-7240
Fax: (239) 252-8408
E-mail: martha.vergara@collierclerk.com
8A
Please visit us on the web at www.coIliercIerk.com
This electronic communication is confidential and may contain privileged information intended solely for the named addressee(s), It may not
be used or disclosed except for the purpose for which it has been sent. If you are not the intended recipient, you must not copy, distribute or
take any action induced by or in reliance on information contained in this message.
Unless expressly stated, opinions in this message are those of the individual sender and not of the Office of the Clerk of the Circuit Court of
Collier County, If you have received this communication in error, please notify the Clerk's Office by emailingheIDdesk@lcollierclerk.com
quoting the sender and delete the message and any attached documents. The Collier County Clerk's Office accepts no liability or responsibility
for any onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
2
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews,com]
Friday, March 18,2011 12:05 PM
Martha S. Vergara
RE: Ad Confirmation
fUJ)z- ye-2iJ[D -lost!
+1-]) ~ud~ RPUj)
8A ,
Martha S. Vergara
Thanks,
Emely Pagan
Naples Daily News
Legal Dept
Direct Line:
Fax Line:
239-213-6'361
39-263-47'33
Send notices to: legals~naplesnews.com
-----Original Message-----
From: Martha S. Vergara rmailto:Martha.Vergara~collierclerk.coml
Sent: Friday, March 18, 2'311 11:49 AM
To: Pagan, Emely
Subject: RE: Ad Confirmation
Em,
Looks good please proceed with the ad
Thanks,
Martha
-----Original Message-----
From: Pagan, Emely rmailto:EPagan~Naplesnews.coml
Sent: Wednesday, March 16, 2'311 4:11 PM
To: Martha S. Vergara
Subject: Ad Confirmation
ATTACHED please REVIEW notice & send your APPROVAL via EMAIL.
Should you have any questions, changes or corrections, please contact me via EMAIL.
No verbal changes or approvals accepted by phone, via email ONLY.
Thank you for placing your ad.
Ad Number 1894391
Total Ad Cost $3'3'3.66
Emely Pagan
213-6'361
Please visit us on the web at www.collierclerk.com
This electronic communication is confidential and may contain privileged information intended
solely for the named addressee(s). It may not be used or disclosed except for the purpose for
1
f
which it has been sent. If you are not the intended recipient, you must not copy, distribute
or take any action induced by or in reliance on information contained in this message.
SA
Unless expressly stated, opinions in this message are those of the individual sender and not
of the Office of the Clerk of the Circuit Court of Collier County. If you have received
this communication in error, please notify the Clerk's Office by emailing
helpdesk~collierclerk.com quoting the sender and delete the message and any attached
documents. The Collier County Clerk's Office accepts no liability or responsibility for any
onward transmission or use of emails and attachments having left the CollierClerk.com domain.
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail
address released in response to
a public records request, do not send electronic mail to this entity. Instead, contact this
office by telephone or in writing.
2
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokarnev, who on oath says that she serves as
the Accounting Manager of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper
on March 22,2011
time in the issue
Affiant further says that the said Naples Daily News is a newspaper
published at Naples. in said Collier County. Florida. and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County. Florida, for a period of I
year next preceding the first publication of the attached copy of
advertisement; and affiant further says that he has neither paid nor
promised any person. firm or cotporation any discount. rebate,
commission or refund for the purpose of securing this advertisement for
PUZ~
( Signature of affiant)
Sworn to and subscribed before me
This 24th day of March, 2011
(Si~~nf,~
",111""
,,,,,~...~y Pl.l~'"
~~o . .. (i'~
E. * : . ~ Notary Public. State of Florida
~<l): o"'f My Comm, Expires JuI29 2013
".,,~ ~...' .
"'!;/ti.i.;?"" Commission # DO 912237
KAROL E KANGAS
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ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP .8 A '
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office, The completed routing slip and original
documents are to be forwarded to the Board Office only after the Board has taken action on the item,)
ROUTING SLIP
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or information needed, If the document is already complete with the
exce tion of the Chairman's si nature, draw a line throu h routin lines #1 throu #4, com lete the checklist, and forward to Sue Filson line #5 ,
Route to Addressee(s) Initials Date
(List in routin order)
I. Judy Puig GMD Planning &
Regulation/Operations
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office
Board of County
Commissioners
Clerk of Court's Office
411 ~ II
6. Minutes and Records
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who created/prepared the executive
summary, Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information, All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item,)
Name of Primary Staff Kay Deselem Phone Number 252-2931
Contact
Agenda Date Item was April 26, 20 II Agenda Item Number 8.A
Approved by the BCC
Type of Document Ordinance iOl\-13 Number of Original I
Attached Documents Attached
1.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ossibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date ofBCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BCC April 26, 2011 and all changes made during
the meeting have been incorporated in the attached document. The County
Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/ A (Not
A licable)
2,
3.
4.
5.
6.
tto
tto
tto
tto
tto
tto
I: Forms/ County Forms/ Bce Forms/ Original Documents Routing Slip WWS Original 9,03,04. Revised 1,26,05, Revised 2.24,05
.....8 A ._
ORDINANCE NO. 11- 1 3
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
REGULA TIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICA TION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
AND AGRICUL TURAL (A) ZONING DISTRICTS TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT FOR THE PROJECT KNOWN AS HD
DEVELOPMENT RPUD, TO ALLOW DEVELOPMENT OF UP
TO 125 SINGLE-FAMILY RESIDENTIAL UNITS AND 33
MULTI-FAMILY UNITS AND ASSOCIATED ACCESSORY
USES, LOCATED ON THE NORTH SIDE OF IMMOKALEE
ROAD, EAST OF OLDE CYPRESS BOULEVARD, IN
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 65.29+/-
ACRES SUBJECT TO CONDITIONS; PROVIDING FOR THE
REPEAL AND REPLACEMENT OF ORDINANCE 05-65; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Chris Mitchell of Waldrop Engineering, P.A., representing Vita Pima, LLC,
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 real property more particularly described in Exhibit D,
attached hereto and incorporated herein by reference, located in Section 21, Township 48 South,
Range 26 East, Collier County, Florida, is changed from the Residential Planned Unit
Development (RPUD) and Agricultural (A) Zoning Districts to a Residential Planned Unit
Development (RPUD) Zoning District for a 65.29+/- acre project known as HD Development
RPUD, subject to compliance with Exhibits A through H, attached hereto and incorporated
herein and by reference made part hereof. The appropriate zoning atlas map or maps, as
HD Development / PUDZ-PL2010-1054
Revised 3/17/11 lof2
,'-SA'
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance 05-65, adopted on November 15, 2005, by the Board of County
Commissioners of Collier County, is hereby repealed in its entirety and replaced with these
proVIsIOns.
SECTION THREE:
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 ,~lo4h day of Jtpr~ l ,2011.
. . ,~ I 1\ "
ATTEST: .... -,~'J' e;;4~;""'__
DWIG~,T'~ )3~~,~;'~~RK
\: /"~.". ;"",/,.,,"':'--} '. ,''.!.
~::(';""; 1'- ~', ',^:;-
. . I." .. =
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By.,. .
__ :~; ..~(I)
......... ~~J r'.)'
Approved as to form and
legal sufficiency:
~7- k).QL . /
Steven T. Williams
Assistant County Attorney
By: "/-t--<L w. ~t,
FRED W. COYLE, ChaIrma .
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Deviations from the LDC
Exhibit F - Development Commitments
Exhibit G - Schematic Buffer Design
Exhibit H - Boardwalk/Sidewalk Easements
CP\ I Q-CPS-Q 1043\55
HD Development / PUDZ-PL2010-1054
Revised 3/1 7/11
20f2
EXHIBIT "A"
., B A ·
~ ~.....
LIST OF PERMITTED USES
HD DEVELOPMENT RPUD
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 and Structures:
1. Single-Family dwelling units.
2. Multi-Family dwelling units (limited to Tract "A").
Any other principal and related use that is determined to be comparable to the foregoing
by the Board of Zoning Appeals pursuant to the process outlined in the Land
Development Code (LDC).
B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses including but
not limited to:
1. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. Clubhouse/Recreation uses and facilities, for areas designated as Multi-Family on
the PUD Master Plan, including swimming pools, tennis courts, volleyball courts,
fishing docks, walking paths, picnic areas, recreation buildings, and
basketball/shuffle board courts.
3. Gatehouse
4. Essential servIces, including interim and permanent utility and maintenance
facilities.
5. Water management facilities.
6. Any other accessory use and related use that is determined to be comparable to
the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the Land Development Code (LDC).
HD Development RPUD - PUDZ-PL20 10-1054
Last Revised: 4/26/2011
Page 1 of II
C. Preserve Area Uses:
..,8 A
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for the preserve area depicted on the RPUD Master Plan other than the
following:
I. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Any other conservation related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
Land Development Code (LDC).
D. Develooment Densitv
1. A maximum of 125 Single-Family Residential dwelling units for all Single-
Family tracts within the HD Development RPUD.
2. A maximum of 33 Multi-Family.
3. A maximum of 158 dwelling units shall be constructed in the Residential Areas of
the project. The gross project area is 65.29 :f: acres and the residential density
maximum shall be 2.42 units per acre.
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/20 II
Page 2 of II
EXHIBIT "B"
( 8A~ I'.'
DEVELOPMENT STANDARDS
HD DEVELOPMENT RPUD
Development of the HD Development RPUD shall be in accordance with the contents of this
Ordinance and applicable sections of the 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 developmental standards, then
the provisions of the most similar district shall apply.
Table I below sets forth the development standards for residential land uses within the HD
Development 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.
Front yard setbacks in Table I shall be measured as follows:
I. If the parcel is served by a public or private right-of-way, the setback is measured from
the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured from the
back of curb or edge of pavement. If the parcel is served by a platted private drive, the
setback is measured from the road easement or property line, whichever is more
restrictive.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Standards Single Family Multi Family
Minimum Lot Area 6,000 SF (per unit) N/A
Minimum Lot Width 50' (1) N/A
Front Yard Setback 19' (2) 15'
Side Yard Setback
I Story 6' 7.5'
2 Story 6' 10'
3 Story N/A 12.5'
Rear Yard Setback
Principal Structure 20' (30' adjacent to aIde 20'
Cypress PUD)
Accessory Structure 10' (20' adjacent to aIde 10'
Cypress PUD)
PUD Boundary Setback
Principal Structure N/A 20'
Accessory Structure N/A 10'
Lake Setback (3) 20' 20'
Preserve Area Setback
Principal Structure 25' 25'
HD Development RPUD - PUDZ-PL2010-I054
Last Revised: 4/26/2011
Page 3 of 11
Accessory Structure 10' 10'
Distance Between Structures
Main/Principal
1 Story 12' 15'
2 Story N/A 20'
3 Story N/A 25'
Accessory Structures 10' 10'
Maximum Height
Principal Building (Actual) 40' with a max of2 story N/A
Principal Building (Zoned) 35' 42' with a max. of 3 stories
Accessory Building (Actual) 25' N/A
Accessory Building (Zoned) 20' 20'
Clubhouse Building (Actual) N/A N/A
Clubhouse Building (Zoned) N/A 38'
Minimum Floor Area 1600 SF 650 SF for 1 Bedroom
900 SF for 2 Bedrooms
1000 SF for 3 Bedrooms
J 8 A .
1. May be reduced on cul-de-sac lots and lots on the inside part of the curved streets by 25%.
2. The distance from the back of the sidewalk to the garage door must be at least 23 feet to
allow room to park a vehicle on the driveway without parking over the sidewalk. The
front yard setback for side-loaded garages may be reduced to 18', with the home
remaining at 19'.
3. Lake setbacks are measured from the control elevation established for the lake.
A. PRESERVE AREA REQUIREMENTS
1. A minimum of twenty-five (25) percent of the viable native vegetation (64.9 acres), as
described in Section 3.05.07.B of the Land Development Code, shall be provided on-site,
including both the under-story and the ground cover emphasizing the largest contiguous
area possible. A total of 16.23 acres is required to be preserved.
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/20 II
Page 4 of II
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HD DEVELOPMENT RPUD
CLIENT: VITA PIMA, LLC.
PUD MASTER PLAN
EXHIBIT "C"
EXHIBIT "D"
8 At"
LEGAL DESCRIPTION
HD DEVELOPMENT RPUD
Property Description:
A parcel or tract of land situated in the State of Florida, County of Collier, lying in Section 21,
Township 48 south, Range 26 east and being further bounded and described as follows:
Commencing at southwest comer of the southwest quarter of Section 21, Township 48 south,
Range 26 east, thence n.00059'51 "w. along the west line of the southwest quarter of said section
for 1 00.00 feet to the northerly right-of line of a I 00 feet wide drainage canal as described in
deed book 43, page 251 of the Public Records of Collier County, Florida; thence n.89008'23"e.
along said northerly right-of way for 330.14 feet to the southeast comer of Tract 13 ofOlde
Cypress, Unit One, a subdivision recorded in Plat Book 32 at pages i through II, inclusive, of
the public records of Collier County, Florida; thence continue n.89008'23 "e. along said northerly
right-of-way line for 330.14 feet to an intersection with the west line of the west half of the east
half of the southwest quarter of the southwest quarter of said section 21 and to the point of
beginning; thence n.00059'15"w. along the west line of said fraction for 1230.24 feet to the
northwest comer of said fraction and to the southerly line of the aforesaid Olde Cypress, Unit
One subdivision; thence n.89007'34"e. along the southerly line of said subdivision for 1981.51
feet; thence n.89008'07"e. along the southerly line of said subdivision for 330.24 feet to the
northeast comer of the west half of the west half of the southwest quarter of the southeast quarter
of said section 21; thence s.00057'12"e. along the east line of said fraction and along said
subdivision line for 1230.83 feet to the aforesaid northerly right-of-way line of a I 00 feet wide
drainage canal; thence s.89009'28"w. along said northerly right-of-way for 330.16 feet to the east
line of the southwest quarter of said section 21; thence s.89008'23"w. along said northerly right-
of-way line for 1980.86 feet to the point of beginning.
Parcel contains 65.294 acres, more or less.
HD Development RPUD - PUDZ-PL20 1 0-1 054
Last Revised: 4/26/2011
Page 6 of 11
EXHIBIT "E"
t i8 A l
LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE
HD DEVELOPMENT RPUD
Deviation No.1: The Applicant is requesting a deviation from Land Development Code (LDC)
Section 6.06.01. 0 to allow for a 50' right-of-way internal to the proposed development. This
Section of the LDC requires that a local road right-of-way be a minimum of 60 feet wide.
Justification: The internal rights of way shall be private and shall be maintained by the HOA.
The proposed deviation allows for design flexibility as well as consistency with right-of-way
widths approved for the HD Development RPUD. The reduced right-of-way width allows for
single family development within the parcel. For these reasons, the proposed deviation will not
negatively impact public health, safety or welfare.
Deviation No.2: The Applicant is requesting relief from Land Development Code (LDC)
Section 5.03.02.C which permits a maximum wall height of six (6) feet in residential zoning
districts, to allow for a maximum height of eight (8) feet for a combination wall and berm along
a portion of the southern property line.
Justification: The proposed deviation will allow for additional visual screening and mitigation of
noise pollution resulting from traffic along lmmokalee Road, a 4-lane divided arterial roadway.
Approval of this deviation will serve to promote public health, safety and welfare, as well as
enhance the HD Development PUD and Olde Cypress Community.
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/20 II
Page 7 of II
EXHIBIT "F"
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DEVELOPMENT COMMITMENTS
HD DEVELOPMENT RPUD
1. ENVIRONMENTAL
A. The flow-way/cypress slough (FLUCCS Code 621) shall be preserved as shown on the
PUD Master Plan.
2. LANDSCAPE
A. The required 10-foot Type A buffer required along the northern property line shall be 20
feet wide from the western property line a distance of approximately 1,160 feet, where
Treeline Drive diverts from the east-west alignment to head northwest, as depicted in
Exhibit C PUD Master Plan. The plantings will be consistent with Exhibit G Schematic
Buffer Design.
B. A combination 6-foot precast or masonry wall and 2-foot berm shall be required along a
portion of the southern property line, as depicted on Exhibit C PUD Master Plan. The
location of the wall is subject to approval at the time of PPL review.
3. TRAFFIC
The development of this PUD shall be subject to and governed by the following minimum
stipulations.
A. Payment in Lieu of 6-foot sidewalks and 4-foot bike lanes for lmmokalee Road frontage
shall be required. The amount shall be determined utilizing FDOT's 2008 Transportation
Costs, as amended. Payment shall be required prior to PPL approval.
B. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and
all other neighboring developer(s)/property owner(s), that directly benefit from said
traffic signal(s), will be determined based upon percentage of usage/impact. The Owner,
his successor, or assign(s) agrees to contribute proportionate far share payment(s) toward
traffic control improvements at the following intersections:
1. Treeline Drive at Olde Cypress Boulevard/Logan Boulevard Extension
2. Olde Cypress Boulevard at lmmokalee Road
The improvements may include, but shall not be limited to, signal installation or improvement of
existing signalization, and turn lane improvements. Payment shall be required within 90 days of
the County's request, or upon inclusion of improvements in a development order such as an SDP
or Plat, or when warrants are considered met as a result of the project's traffic. Proportionate
share must be calculated based on percentage of this project's impact on the operating capacity
of the improvements. Payment shall be made to the entity responsible for construction!
maintenance/ ownership of the improvement(s).
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/2011
Page 8 of 11
For any improvements constructed by the Owner, and for any rights of way or Public Access
easements contributed by this development to Collier County, the Owner, his successor, or
assign(s) agrees to retain responsibility to operate and maintain said conveyances until such time
that the Board of County Commissioners formally accepts ownership and maintenance
responsibility for of the improvements.
8 A ."
C. A sidewalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, for the existing sidewalk/pathway servicing the existing control structure
for the Cocohatchee Canal. The granting of the sidewalk easement will not require
additional buffer width for the landscape buffer required adjacent to the canal right-of-
way. Plantings shall be placed within the remaining width of the 20 foot landscape buffer.
If the area cannot be effectively planted, no plantings shall be required for the length of
the easement. The sidewalk easement shall be provided by the Owner at no cost to the
county within 90 days of the County's request, or upon inclusion of improvements in a
development order, such as an SDP or Plat.
D. A boardwalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, to allow for an elevated boardwalk adjacent to the surface water
management weir providing controlled discharge for the adjacent slough to the
Cocohatchee Canal. The easement shall be 15 feet wide and taper to the boundary within
50 feet of the end of the weir. The granting of the boardwalk easement will not require
additional buffer width for the landscape buffer required adjacent to the canal right-of-
way for portions of the buffer within the developable portions of the PUD. Plantings
shall be placed within the remaining width if the 20 foot landscape buffer. If the area
cannot be effectively planted, no plantings shall be required for the length of the
easement. The Owner will cooperate with Collier County as the land owner in securing
the necessary permits for the construction of the boardwalk. The Owner shall not be
financially responsible for the permitting, wetland mitigation or construction of the
boardwalk. The boardwalk easement shall be provided by the Owner at no cost to the
county within 90 days of the County's request, or upon inclusion of improvements in a
development order, such as an SDP or Plat.
E. Construction traffic access for the project shall be limited as generally shown on Exhibit
C. At least until the 100th home site slab is poured, construction traffic access shall be
limited to ingress via the existing maintenance access point on Olde Cypress Boulevard,
and egress via Treeline Drive. In no case however, shall construction traffic utilize direct
access to Olde Cypress Boulevard.
HD Development RPUD - PUDZ-PL2010-I054
Last Revised: 4/26/20 II
Page 9 of II
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EXHIBIT G - -.. ~ HD Development RPUD (Exhibit G)
. ~ NAPLES, FLORIDA
I SCHEMATIC BUFFER DESIGN I . PREPARED FOR: VITA PIMA, LLC
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Last Revised: 4/26/20 II
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CLIENT: VITA PIMA, LLC.
HD DEVELOPMENT RPUD
PUD BXHlBrr "H"
HD Development RPUD - PUDZ-PL20 I 0- I 054
Last Revised: 4/26/20 I I
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!,;.'SA \
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2011-13
Which was adopted by the Board of County Commissioners
on the 26th day of April, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of April, 2011.
DWIGHT E. BROCK
Clerk of Courts~,qd,.c:lerk
Ex-officio to...'~~ffi9~
County comm~,.~ener~i~~~~
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By: Martha v,f.It'" i:t'J'-\,<,
Deputy clj~ ~v9 ",,"'. .'"
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ORDINANCE NO. I l--.!L..
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WHEREAS, Chris Mitchell of Waldrop Engineering, P.A., representing Vita Pima, LLC,
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:
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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
REGULA TIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIA TE ZONING A TLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICA TION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
AND AGRICULTURAL (A) ZONING DISTRICTS TO A ~~
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ~~;
ZONING DISTRICT FOR THE PROJECT KNOWN AS HD :1::':
DEVELOPMENT RPUD, TO ALLOW DEVELOPMENT OF UP t;?
C/>_
TO 125 SINGLE-FAMILY RESIDENTIAL UNITS AND 33 ~:
MUL TI-F AMIL Y UNITS AND ASSOCIATED ACCESSORY:., ~-:,
USES, LOCATED ON THE NORTH SIDE OF IMMOKALEE 6V:
ROAD, EAST OF OLDE CYPRESS BOULEVARD, IN ~~
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, :pr:l
COLLIER COUNTY, FLORIDA, CONSISTING OF 65.29+/-
ACRES SUBJECT TO CONDITIONS; PROVIDING FOR THE
REPEAL AND REPLACEMENT OF ORDINANCE 05-65; AND
BY PROVIDING AN EFFECTIVE DATE.
The zoning classification of the real property more particularly described in Exhibit 0,
attached hereto and incorporated herein by reference, located in Section 21, Township 48 South,
Range 26 East, Collier County, Florida, is changed from the Residential Planned Unit
Development (RPUD) and Agricultural (A) Zoning Districts to a Residential Planned Unit
Development (RPUD) Zoning District for a 65.29+/- acre project known as HD Development
RPUD, subject to compliance with Exhibits A through H, attached hereto and incorporated
herein and by reference made part hereof. The appropriate zoning atlas map or maps, as
HD Development / PUDZ-PL2010-I054
Revised 3117/11
lof2
~ 8 A
described in Ordinance Number 2004-41, as amended, the CoIlier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance 05-65, adopted on November 15, 2005, by the Board of County
Commissioners of Collier County, is hereby repealed in its entirety and replaced with these
provIsions.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majonty vote of the Board of County
Commissioners of Collier County, Florida, this ~ day of~, 2011.
ATTEST:, " ~'0~': e:'4~;""""
DWIG~T ~13~?<;.~~RK
;,." //. ,),"', '. J "'. ,~~
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
,,- I,
Aat...., ,.r
.f.l1.... :"'J 1\~"
Approved as to form and
legal sufficiency:
~7. k')}L . /
Steven T. Williams
Assistant County Attorney
By: "^<,t w. ~~~
FRED W. COYLE, Chalrm )
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Deviations from the LDC
Exhibit F - Development Commitments
Exhibit G - Schematic Buffer Design
Exhibit H - Boardwalk/Sidewalk Easements
HD Development / PUDZ-PL201O-1054
Revised 3/17/11
2of2
Cpo I O-CPs-o I 043\55
8 A '~~
EXHIBIT" A "
LIST OF PERMITTED USES
HD DEVELOPMENT RPUD
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. PrinciDal Uses and Structures:
I. Single-Family dwelling units.
2. Multi-Family dwelling units (limited to Tract "A").
Any other principal and related use that is detennined to be comparable to the foregoing
by the Board of Zoning Appeals pursuant to the process outlined in the Land
Development Code (LDC).
B. Accessorv Uses:
Accessory uses customarily associated with Permitted Principal Uses including but
not limited to:
I. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. Clubhouse/Recreation uses and facilities, for areas designated as Multi-Family on
the PUD Master Plan, including swimming pools, tennis courts, volleyball courts,
fishing docks, walking paths, picnic areas, recreation buildings, and
basketball/shuffle board courts.
3. Gatehouse
4. Essential services, including interim and pennanent utility and maintenance
facilities.
5. Water management facilities.
6. Any other accessory use and related use that is detennined to be comparable to
the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the Land Development Code (LDC).
HD Development RPUD - PUDZ-PL20 I 0-1 054
Last Revised: 4/26/20 II
Page I of "
t,'18 A I
C. Preserve Area Uses:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for the preserve area depicted on the RPUD Master Plan other than the
following:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3 . Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Any other conservation related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
Land Development Code (LDC).
D. DeveloDment Densitv
1. A maximum of 125 Single-Family Residential dwelling units for all Single-
Family tracts within the HD Development RPUD.
2. A maximum of 33 Multi-Family.
3. A maximum of 158 dwelling units shall be constructed in the Residential Areas of
the project. The gross project area is 65.29 x acres and the residential density
maximum shall be 2.42 units per acre.
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/20 II
Page 2 of II
EXHIBIT" B"
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DEVELOPMENT STANDARDS
HD DEVELOPMENT RPUD
Development of the HD Development RPUD shall be in accordance with the contents of this
Ordinance and applicable sections of the 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 developmental standards, then
the provisions of the most similar district shall apply.
Table I below sets forth the development standards for residential land uses within the HD
Development 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.
Front yard setbacks in Table I shall be measured as follows:
1. If the parcel is served by a public or private right-of-way, the setback is measured from
the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured from the
back of curb or edge of pavement. If the parcel is served by a platted private drive, the
setback is measured from the road easement or property line, whichever is more
restrictive.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Standards Single Family Multi Family
Minimum Lot Area 6,000 SF (per unit) N/A
Minimum Lot Width 50' (I) N/A
Front Yard Setback 19' (2) 15'
Side Yard Setback
1 Story 6' 7.5'
2 Story 6' 10'
3 Story N/A 12.5'
Rear Yard Setback
Principal Structure 20' (30' adjacent to aIde 20'
Cypress PUD)
Accessory Structure 10' (20' adjacent to aIde 10'
Cypress PUD)
PUD Boundary Setback
Principal Structure N/A 20'
Accessory Structure N/A 10'
Lake Setback (3) 20' 20'
Preserve Area Setback
Principal Structure 25' 25'
HD Development RPVD - PVDZ-PL20 I 0-1054
Last Revised: 4/26120 II
Page 3 of II
Accessory Structure 10' 10'
Distance Between Structures
Main/Principal
I Story 12' 15'
2 Story N/A 20'
3 Story N/A 25'
Accessory Structures 10' 10' --
Maximum Height
Principal Building (Actual) 40' with a max of2 story N/A
Principal Building (Zoned) 35' 42' with a max. of 3 stories
Accessory Building (Actual) 25' N/A
Accessory Building (Zoned) 20' 20'
Clubhouse Building (Actual) N/A N/A
Clubhouse Buildinsz (Zoned) N/A 38'
Minimum Floor Area 1600 SF 650 SF for I Bedroom
900 SF for 2 Bedrooms
1000 SF for 3 Bedrooms
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1. May be reduced on cul-de-sac lots and lots on the inside part of the curved streets by 25%.
2. The distance from the back of the sidewalk to the garage door must be at least 23 feet to
allow room to park a vehicle on the driveway without parking over the sidewalk. The
front yard setback for side-loaded garages may be reduced to 18', with the home
remaining at 19'.
3. Lake setbacks are measured from the control elevation established for the lake.
A. PRESERVE AREA REQUIREMENTS
1. A minimum of twenty-five (25) percent of the viable native vegetation (64.9 acres), as
described in Section 3.05.07.B of the Land Development Code, shall be provided on-site,
including both the under-story and the ground cover emphasizing the largest contiguous
area possible. A total of 16.23 acres is required to be preserved.
HD Development RPUD - PUDZ-PL20 10-1054
Last Revised: 4/26/20 II
Page 4 of "
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HD DEVELOPMENT RPUD
CLIENT: VITA PIMA. LLC.
PUD MASTER PlAN
FJeHIBIT .C"
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EXHIBIT "D"
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LEGAL DESCRIPTION
HD DEVELOPMENT RPUD
Property Description:
A parcel or tract of land situated in the State of Florida, County of Collier, lying in Section 21,
Township 48 south, Range 26 east and being further bounded and described as follows:
Commencing at southwest comer of the southwest quarter of Section 21 , Township 48 south,
Range 26 east, thence n.00059'51 lOW. along the west line of the southwest quarter of said section
for 100.00 feet to the northerly right-of line of a 100 feet wide drainage canal as described in
deed book 43, page 251 of the Public Records of Collier County, Florida; thence n.89008'23"e.
along said northerly right-of way for 330.14 feet to the southeast comer of Tract 13 of aIde
Cypress, Unit One, a subdivision recorded in Plat Book 32 at pages i through II, inclusive, of
the public records of Collier County, Florida; thence continue n.89008'23"e. along said northerly
right-of-way line for 330.14 feet to an intersection with the west line of the west half of the east
half of the southwest quarter of the southwest quarter of said section 21 and to the point of
beginning; thence n.00059'15''w. along the west line of said fraction for 1230.24 feet to the
northwest comer of said fraction and to the southerly line of the aforesaid aIde Cypress, Unit
One subdivision; thence n.89007'34"e. along the southerly line of said subdivision for 1981.51
feet; thence n.89008'07"e. along the southerly line of said subdivision for 330.24 feet to the
northeast comer of the west half of the west half of the southwest quarter of the southeast quarter
of said section 21; thence s.00057'12''e. along the east line of said fraction and along said
subdivision line for 1230.83 feet to the aforesaid northerly right-of-way line of a 100 feet wide
drainage canal; thence s.89009'28"w. along said northerly right-of-way for 330.16 feet to the east
line of the southwest quarter of said section 21; thence s.89008'23 lOW. along said northerly right-
of-way line for 1980.86 feet to the point of beginning.
Parcel contains 65.294 acres, more or less.
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/20 II
Page 6 of II
EXHIBIT "E"
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LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE
HD DEVELOPMENT RPUD
Deviation No.1: The Applicant is requesting a deviation from Land Development Code (LDC)
Section 6.06.01. 0 to allow for a 50' right-of-way internal to the proposed development. This
Section of the LDC requires that a local road right-of-way be a minimum of 60 feet wide.
JustifICation: The internal rights of way shall be private and shall be maintained by the HOA.
The proposed deviation allows for design flexibility as well as consistency with right-of-way
widths approved for the HD Development RPUD. The reduced right-of-way width allows for
single family development within the parcel. For these reasons, the proposed deviation will not
negatively impact public health, safety or welfare.
Deviation No.2: The Applicant is requesting relief from Land Development Code (LDC)
Section 5.03.02.C which permits a maximum wall height of six (6) feet in residential zoning
districts, to allow for a maximum height of eight (8) feet for a combination wall and berm along
a portion of the southern property line.
Justification: The proposed deviation will allow for additional visual screening and mitigation of
noise pollution resulting from traffic along Immokalee Road, a 4-lane divided arterial roadway.
Approval of this deviation will serve to promote public health, safety and welfare, as well as
enhance the HD Development PUD and Olde Cypress Community.
HD Development RPUD - PUDZ-PL20 10-1 054
Last Revised: 4/26/20 II
Page 7 of II
EXHIBIT "F"
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DEVELOPMENT COMMITMENTS
HD DEVELOPMENT RPUD
1. ENVIRONMENTAL
A. The flow-way/cypress slough (FLUCCS Code 621) shall be preserved as shown on the
PUD Master Plan.
2. LANDSCAPE
A. The required 10-foot Type A buffer required along the northern property line shall be 20
feet wide from the western property line a distance of approximately 1,160 feet, where
Treeline Drive diverts from the east-west alignment to head northwest, as depicted in
Exhibit C PUD Master Plan. The plantings will be consistent with Exhibit G Schematic
Buffer Design.
B. A combination 6-foot precast or masonry wall and 2-foot benn shall be required along a
portion of the southern property line, as depicted on Exhibit C PUD Master Plan. The
location of the wall is subject to approval at the time of PPL review.
3. TRAFFIC
The development of this PUD shall be subject to and governed by the following minimum
stipulations.
A. Payment in Lieu of 6-foot sidewalks and 4-foot bike lanes for Immokalee Road frontage
shall be required. The amount shall be detennined utilizing FDOT's 2008 Transportation
Costs, as amended. Payment shall be required prior to PPL approval.
B. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and
all other neighboring developer(s)/property owner(s), that directly benefit from said
traffic signal(s), will be detennined based upon percentage of usage/impact. The Owner,
his successor, or assign(s) agrees to contribute proportionate far share payment(s) toward
traffic control improvements at the following intersections:
I. Treeline Drive at Olde Cypress Boulevard/Logan Boulevard Extension
2. Olde Cypress Boulevard at Immokalee Road
The improvements may include, but shall not be limited to, signal installation or improvement of
existing signalization, and turn lane improvements. Payment shall be required within 90 days of
the County's request, or upon inclusion of improvements in a development order such as an SDP
or Plat, or when warrants are considered met as a result of the project's traffic. Proportionate
share must be calculated based on percentage of this project's impact on the operating capacity
of the improvements. Payment shall be made to the entity responsible for construction!
maintenance/ ownership of the improvement(s).
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/20 II
Page 8 of II
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For any improvements constructed by the Owner, and for any rights of way or Public Access
easements contributed by this development to Collier County, the Owner, his successor, or
assign(s) agrees to retain responsibility to operate and maintain said conveyances until such time
that the Board of County Commissioners formally accepts ownership and maintenance
responsibility for of the improvements.
C. A sidewalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, for the existing sidewalk/pathway servicing the existing control structure
for the Cocohatchee Canal. The granting of the sidewalk easement will not require
additional buffer width for the landscape buffer required adjacent to the canal right-of-
way. Plantings shall be placed within the remaining width of the 20 foot landscape buffer.
If the area cannot be effectively planted, no plantings shall be required for the length of
the easement. The sidewalk easement shall be provided by the Owner at no cost to the
county within 90 days of the County's request, or upon inclusion of improvements in a
development order, such as an SDP or Plat.
D. A boardwalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, to allow for an elevated boardwalk adjacent to the surface water
management weir providing controlled discharge for the adjacent slough to the
Cocohatchee Canal. The easement shall be 15 feet wide and taper to the boundary within
50 feet of the end of the weir. The granting of the boardwalk easement will not require
additional buffer width for the landscape buffer required adjacent to the canal right-of-
way for portions of the buffer within the developable portions of the PUD. Plantings
shall be placed within the remaining width if the 20 foot landscape buffer. If the area
cannot be effectively planted, no plantings shall be required for the length of the
easement. The Owner will cooperate with Collier County as the land owner in securing
the necessary permits for the construction of the boardwalk. The Owner shall not be
financially responsible for the permitting, wetland mitigation or construction of the
boardwalk. The boardwalk easement shall be provided by the Owner at no cost to the
county within 90 days of the County's request, or upon inclusion of improvements in a
development order, such as an SDP or Plat.
E. Construction traffic access for the project shall be limited as generally shown on Exhibit
C. At least until the 1001h home site slab is poured, construction traffic access shall be
limited to ingress via the existing maintenance access point on Olde Cypress Boulevard,
and egress via Treeline Drive. In no case however, shall construction traffic utilize direct
access to Olde Cypress Boulevard.
HD Development RPUD - PUDZ-PL201O-1054
Last Revised: 4/26/20 II
Page 9 of II
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HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/20 II
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Last Revised: 4/26/20 II
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CLIENT: VITA PIMA. LLC,
I'lJD EXHIBIT "H"
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2011-13
Which was adopted by the Board of County Commissioners
on the 26th day of April, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of April, 2011.
DWIGHT E. BROCK
Clerk of Courts 9nd~lerk
Ex-officio t~..,~~te<< -'.
County Comm~V1G'l'ie'r$"<<t,
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By: Martha 'V.!f.It' .. ;:~J\..'-.;-<.
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