Ordinance 2018-51 ORDINANCE NO. 18- 51
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41,
AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
WHICH ESTABLISHED THE COMPREHENSIVE ZONING
REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING
ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM A RURAL AGRICULTURAL (A) ZONING DISTRICT WITH A
PORTION OF THE REAL PROPERTY IN A ST OVERLAY (SPECIAL
TREATMENT) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS RUSSELL
SQUARE RPUD TO ALLOW DEVELOPMENT OF UP TO 230 MULTI-
FAMILY DWELLING UNITS ON PROPERTY LOCATED EAST OF
SANTA BARBARA BOULEVARD AND APPROXIMATELY 1/4 MILE
SOUTH OF DAVIS BOULEVARD IN SECTION 9, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
32.9+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-
PL20170004414]
WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor & Associates, Inc. and Richard
D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing developer, Neal
Communities of Southwest Florida, LLC, petitioned the Board of County Commissioners to
change the zoning classification of the herein described property.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 9,
Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural
(A) zoning district with a portion of the real property in a ST overlay to a Residential Planned
Unit Development (RPUD) zoning district for a 32.9+/- acre project to be known as the Russell
Square RPUD to allow up to 230 multi-family dwelling units in accordance with the RPUD
Documents, attached hereto as Exhibits "A" through "F" and incorporated herein by reference.
[18-CPS-01762/1431239/1j 133
Russell Square
PUDZ-PL20170004414
8/24/18 1 of 2
q9
The appropriate zoning atlas map or maps as described in Ordinance No. 2004-41, as amended,
the Collier County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by supe-majority vote of the Board of County
Commissioners of Collier County, Florida, this ,r_ , day of Oc+o k r , 2018.
ATTEST: BOARD OF C! TY COMMISSIONERS
CRYST L K KINZEL, CLERK COLLIER '• • , FLO• i;
By: ei��r — By; Al .
Deputy,C1 k ANDY SOLIS, Chairman
Attest as to Chairman's,
signature cn'y.`
App oved as to form and legality:
G4 /1/7\._
\A A'
eidi Ashton-Cicko —
Managing Assistant County Attorney
Attachments: Exhibit A–Permitted Uses
Exhibit B –Development Standards
Exhibit C –Master Plan
Exhibit D–Legal Description
Exhibit E–List of Deviations
Exhibit F–Developer Commitments
This ordinance filed with the
Secretary of Satw's Office the
S*4`doy of Oc 4ol2Yh, 0
and acknow`edgement of that
filing received this d day
ofA `�, r \c
[18-CPS-01762/1431239/1]133 By Deputy CI " _s
Russell Square
PUDZ-PL2017000441477
8/24/18 2 of 2 ���
0
EXHIBIT A
FOR
RUSSELL SQUARE RPUD
Regulations for development of the Russell Square RPUD shall be in accordance with the contents of this
RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at
the time of issuance of any development order to which said regulations relate. Where this RPUD
Ordinance does not provide development standards, then the provisions of the specific sections of the
LDC that are otherwise applicable shall apply.
PERMITTED USES:
A maximum of 230 multi-family residential dwelling unit types shall be permitted within the
RPUD. 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:
RESIDENTIAL
A. Principal Uses:
1. Multi-family dwelling units
B. Accessory Uses:
1. Accessory uses and structures customarily associated with the principal uses
permitted in this RPUD, including but not limited to garages, carports, swimming
pools, spas, screen enclosures and utility buildings.
2. Model homes and model home centers including sales trailers and offices for
project administration, construction, sales and marketing.
3. Any other accessory use,which is comparable in nature with the foregoing uses and
consistent with the permitted accessory uses of this PUD as determined by the Board
of Zoning Appeals or the Hearing Examiner.
AMENITY AREA
A. Principal Uses:
1. Clubhouse with cafes, snack bars and similar uses intended to serve residents and
guests.
2. Community administrative and recreation facilities. Outdoor/indoor recreation
facilities, such as a community swimming pool, tennis/pickle ball courts and
basketball courts,fitness/spa, parks, playgrounds, pedestrian/bikeways, dog parks
and passive and/or active water features intended to serve residents and guests.
Russell Square RPUD, PL20170004414 Page 1 of 12 08/20/2018
10
3. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, bikeways, landscape nurseries,gazebos, boat and canoe docks,fishing piers,
picnic areas, fitness trails and shelters to serve residents and their guests.
B. Accessory Uses:
1. Model homes and model home centers including sales trailers and offices for
project administration, construction, sales and marketing.
2. Any other accessory use,which is comparable in nature with the foregoing uses and
consistent with the permitted accessory uses of this PUD as determined by the Board
of Zoning Appeals or Hearing Examiner.
PRESERVE
A. Allowable Uses:
1. Nature trails and boardwalks that do not reduce the amount of required preserve
area to be retained.
2. Preservation.
3. Passive uses, as per LDC requirements.
4. Water management as allowed by the LDC.
5. Uses subject to LDC section Allowable uses within County required preserves.
B. Any other use, which is comparable in nature with the foregoing uses and consistent with
the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or
the Hearing Examiner.
Russell Square RPUD,PL20170004414 Page 2 of 12 08/20/2018 L,�
EXHIBIT B
FOR
RUSSELL SQUARE RPUD
DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS
Exhibit B sets forth the development standards for land uses within the Russell Square RPUD
Subdistrict. 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.
1. Guardhouses, gatehouses, access control structures, clock towers, fences, walls, columns,
decorative hardscaping or architectural embellishments associated with the project's entrance
features are permitted within the "R" and "A" designated areas abutting the project's entrance,
or within the private roadway as depicted on the PUD Master Plan, and shall have no required
setbacks; however, such structures cannot be located where they create vehicular stacking or
sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in zoned height
and 40 feet in actual height.
Russell Square RPUD, PL20170004414 Page 3 of 12 08/20/2018
5 t�.
EXHIBIT B
FOR
RUSSELL SQUARE RPUD
DEVELOPMENT STANDARDS
STANDARDS MULTI-FAMILY AMENITY AREA
PRINCIPAL STRUCTURE
Minimum Floor Area(per unit) 1,000 S.F. N/A
Minimum Lot Area N/A 10,000
Minimum Lot Width N/A N/A
Minimum Lot Depth N/A N/A
Maximum Height 35 feet 35 feet
Zoned 45 feet 45 feet
Actual
SETBACKS
Minimum Front Yard 15 feet(1) 15 feet
Minimum Side Yard 10 feet 10 feet
Minimum Rear Yard (2) 10 feet from Perimeter Buffer or 0 feet 10 feet from Perimeter Buffer or 0 feet
from LMT from LMT
Minimum Preserve 25 feet 25 feet
Minimum Distance Between Principal 20 feet 10 feet
Structures
ACCESSORY STRUCTURE
Maximum Height
Zoned 35 feet 35 feet
Actual 40 feet 40 feet
SETBACKS
Minimum Front Yard SPS SPS
Minimum Side Yard SPS SPS
Minimum Rear Yard 0 feet from Perimeter Buffer or LMT 0 feet from Perimeter Buffer or LMT
Minimum Preserve 10 feet 10 feet
SPS—Same as Principal Structure
LBT—Landscape Buffer Tract
LMT—Lake Maintenance Tract
(1) Front setback is measured from back of curb,or edge of pavement if not curbed,for private roads. The minimum 15-foot front setback may be
reduced to 10 feet where the unit has a recessed or side-entry garage. Front-loading garages shall be setback a minimum of 23 feet from the edge
of sidewalk for private roads.
(2) No structures may be located within the county drainage easement shown on the master plan.
Note:Nothing in this RPUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations.
Russell Square RPUD, PL20170004414 Page 4 of 12 08/20/2018
TAORMINA RESERVE MPUD
COMMERCIAL
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LANDSCAPE BUFFER
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RUSSELL SQUARE RPUD SCALE.
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EXHIBIT C eF e rola
Civil Engineers • Land Surveyors . Planners . Landscape ArchitectsnL6 sour:
Cert.of AUN.EB 0055151 Cerl,or Autn.LB 0005151 Busmesa Le 20000200 MASTER PLAN rcalEFE ower a W.GIM-V3
Bonita Springs:239 947 1144 no 0'.01911VMi000'.even Fort Myers:239 690 4380 SHEET 1 OF' 2 . _
/ c9p
SITE SUMMARY
TOTAL SITE AREA: 32.9± ACRE
MAXIMUM DWELLING UNITS: 230 (7 DU/AC X 32.9 ACRES)
PRESERVE:
REQUIRED: 3.47± ACRES (13.88± ACRES NATIVE VEGETATION X 0.25)
PROVIDED: 3.47± ACRES
NATIVE TREES:
REQUIRED: 28 (110 EXISTING TREES X 0.25)
PROVIDED: 25 PINES + 3 PALMS IN ACCORDANCE WITH LDC SECTION 3.05.07
OPEN SPACE:
REQUIRED: 19.74± ACRES (32.9± ACRES X .60)
PROVIDED: 19.74± ACRES
NOTES
1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MODIFICATION DUE TO
AGENCY PERMITTING REQUIREMENTS.
2. PRESERVES MAY BE USED TO SATISFY THE LANDSCAPE BUFFER REQUIREMENTS AFTER
EXOTIC VEGETATION REMOVAL IN ACCORDANCE WITH LDC SECTIONS 4.06.02 AND
4.06.05.E.1. SUPPLEMENTAL PLANTINGS WITH NATIVE PLANT MATERIALS SHALL BE IN
ACCORDANCE WITH LDC SECTION 3.05.07. IN ORDER TO PROVIDE THE REQUIRED TYPE B
BUFFER, A MINIMUM 6-FOOT-WIDE LANDSCAPE BUFFER EASEMENT LOCATED OUTSIDE OF
THE PRESERVE WILL BE CONVEYED BY OWNER TO A HOMEOWNER'S ASSOCIATION OR
CONDOMINIUM ASSOCIATION AT TIME OF SDP OR PLAT APPROVAL. OWNER WILL PLANT
ADDITIONAL LANDSCAPE MATERIAL IN THE BUFFER EASEMENT TO ACHIEVE THE OPACITY !
REQUIREMENT NO LATER THAN ONE YEAR FROM THE ISSUANCE OF THE FIRST
RESIDENTIAL CERTIFICATE OF OCCUPANCY.
RUSSELL SQUARE RPUD SCALE
q.Grady mor rd n,;oduiex,r. .
la
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P.,nFt Sp inks,Pluridu 31131 08/20/2018 onceE
EXHIBIT C oie `
Civil Engineers Land Surveyors • Planners • Landscape Architects rac enuc,
Gen,.of nucli.EB 8005151 cert of AUN.LB(1005151 Business LC 26000266 MASTER PLAN NOTES
Iln01101 Syringe.23n.f147.1 l4a n u iv.l;r.r/n IOinni.nnm FOM Nyeis;239.600.1380 SHEET 2 OF 2 ` ♦♦/
EXHIBIT D
FOR
RUSSELL SQUARE RPUD
LEGAL DESCRIPTION
PARCEL A:
THE SOUTH ONE-HALF(1/2)OF THE SOUTHWEST ONE QUARTER(1/4)OF THE SOUTHWEST ONE-QUARTER OF THE
NORTHWEST ONE-QUARTER (1/4) OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, RESERVING THEREFROM THE EAST THIRTY (30) FEET FOR ROAD RIGHT-OF-WAY PURPOSES ONLY.
PARCEL B:
THE NORTH ONE-HALF (1/2) OF THE NORTHWEST ONE QUARTER (1/4) OF THE NORTHWEST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER (1/4) OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, RESERVING THEREFROM THE EAST THIRTY (30) FEET FOR ROAD RIGHT-OF-WAY PURPOSES ONLY;ALSO
KNOWN AS TRACT 40 OF UNRECORDED PLAT.
PARCEL C:
THE SOUTH ONE-HALF (1/2) OF THE NORTHWEST ONE QUARTER (1/4) OF THE NORTHWEST ONE-QUARTER OF
THE SOUTHWEST ONE-QUARTER (1/4) OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, LESS 30 FEET FOR
EASEMENT ON THE SOUTH LINE AND 30 FEET FOR EASEMENT ON THE EAST LINE FOR ROAD RIGHT-OF-WAY
PURPOSES ONLY. ALSO KNOWN AS TRACT 39, ENCHANTED ACRES, COLLIER COUNTY, FLORIDA.
PARCEL D:
THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, RESERVING THEREFROM THE EAST 30 FEET
FOR ROAD RIGHT OF WAY;ALSO DESCRIBED AS TRACT 42, ENCHANTED ACRES.
AND ALSO LESS THAT PORTION OF SAID PARCELS A, B, C AND D, TAKEN BY EMINENT DOMAIN PROCEEDING
BETWEEN COLLIER COUNTY, FLORIDA AND C&T PROPERTIES UNLIMITED AS EVIDENCED BY ORDER OF TAKING
RECORDED MARCH 10, 2008 IN OFFICIAL RECORDS BOOK 4337, PAGE 541, CASE NUMBER 07-4923-CA
REFERENCED TO AS PARCEL 126FEE AND BEING MORE PARTICULARLY DESCRIBED AS:
A PARCEL OF LAND LYING IN THE SOUTHWEST AND NORTHWEST QUARTERS OF SECTION 9,TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE WEST QUARTER CORNER OF SAID SECTION 9; THENCE SOUTH 00°50'29" EAST ALONG THE
WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 9 A DISTANCE OF 653.41 FEET TO AN INTERSECTION
WITH THE NORTHERLY RIGHT-OF-WAY LINE OF COPE LANE; THENCE SOUTH 89°57'32" EAST ALONG SAID
NORTHERLY RIGHT-OF-WAY LINE,A DISTANCE OF 38.83 FEET;THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY
LINE NORTH 07°21'18" EAST, A DISTANCE OF 207.06 FEET TO THE BEGINNING OF A CURVE CONCAVE WESTERLY
AND HAVING A RADIUS OF 3,100.00 FEET; THENCE NORTHERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 08°20'02"AN ARC DISTANCE OF 450.91 FEET TO AN INTERSECTION WITH THE NORTH LINE OF
THE SOUTHWEST QUARTER OF SAID SECTION 9;THENCE NORTH 00°58'38"WEST,A DISTANCE OF 685.18 FEET TO
AN INTERSECTION WITH THE NORTHERLY LINE OF A PARCEL OF LAND AS DESCRIBED IN O.R. 3283, PAGE 524, OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE SOUTH 89°39'02" WEST ALONG SAID NORTHERLY
LINE, A DISTANCE OF 100.01 FEET TO AN INTERSECTION WITH THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 9; THENCE SOUTH 00°58'38" EAST ALONG SAID WEST LINE, A DISTANCE OF 686.37 FEET TO THE
POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED.
Russell Square RPUD, PL20170004414 Page 7 of 12 08/20/2018
Ct�p
PARCEL E:
THE SOUTH ONE-HALF (S 1/2) OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF THE NORTHWEST ONE-QUARTER
(NW 1/4) OF THE SOUTHWEST ONE-QUARTER (SW 1/4) OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE WEST THIRTY (30') FEET THEREOF, TO BE USED FOR ROAD RIGHT-OF-WAY
PURPOSES ONLY(TRACT 50 OF UNRECORDED PLAT)
PARCEL F:
THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 9,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. LESS ROAD EASEMENTS ON THE WEST SIDE
OF 30-FOOT PARCEL ALSO KNOWN AS TRACT 49 ENCHANTED ACRES.
PARCEL G:
SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 9,TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND ALSO KNOWN AS LOT 48 OF ENCHANTING ACRES.
PARCEL H:
(1) THE EAST 30 FEET OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 9,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
(2) THE EAST 30 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST
1/4 OF SECTION 9,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
(3) THE EAST 30 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST
1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS THE SOUTH 30 FEET
THEREOF CONVEYED TO COLLIER COUNTY, FLORIDA, BY DEEDS RECORDED IN OFFICIAL RECORDS BOOK 1091,
PAGES 1110 AND 1119, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;
(4) THE EAST 30 FEET OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 9,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;
(5) THE WEST 30 FEET OF THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST
1/4 OF SECTION 9,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;AND
(6) THE WEST 30 FEET OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST
1/4 OF SECTION 9,TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 32.89 ACRES, MORE OR LESS.
Russell Square RPUD, PL20170004414 Page 8 of 12 08/20/2018
EXHIBIT E
FOR
RUSSELL SQUARE RPUD
LIST OF DEVIATIONS
1. Deviation 1 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs on
residentially zoned properties up to 4 square feet in area or 3 feet in height,to allow a temporary
banner sign up to a maximum of 32 square feet in area and 8 feet in height.The temporary banner
sign shall be limited to a maximum of 90 days during season defined as November 1 to April 30
per calendar year. This Deviation will remain valid until 90% of the units are sold or until
December 31, 2024, whichever comes first. At such time, the Deviation will be void.
2. Deviation 2 seeks relief from LDC Section 5.06.02.6.5.a, which requires on-premises directional
signs to be setback a minimum of 10' from edge of roadway, paved surface or back of curb, to
allow a setback of 5' from edge of roadway, paved surface or back of curb. This deviation
excludes public roads.
3. Deviation 3 seeks relief from LDC Section 5.03.02.C.1.a and 5.03.02.C, Fences and Walls,
Excluding Sound Walls, which requires fences or walls in a residential PUD to be 6 feet or less in
height, to permit an 8-foot high wall on top of berm along Cope Lane right-of-way and 12 foot
high wall on top of the required water management berm along the Santa Barbara boulevard
right-of-way.
4. Deviation 4 seeks relief from LDC Section 5.06.02.6.6 (a) and 5.06.02.6.6 (b), On-premises Sign
Within Residential Districts, which permits two ground signs at a maximum height of 8 feet with
a sign face area not to exceed 64 square feet and a minimum setback from all property lines and
road right-of-way of 10 feet, to permit two signs, not at the project entrance, of up to 80 square
feet (per sign face) to be located along the Santa Barbara Boulevard frontage of the property on
the project's wall and to exceed the maximum sign height of 8 feet for a maximum of 12 feet in
height measured from the adjacent roadway centerline elevation with a minimum setback of
zero feet from the property line. This Deviation is conditioned upon owner's relocation of the
wall and sign at its own expense, in the event it conflicts with a County road expansion or project.
5. Deviation 5 seeks relief from LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway
Requirements, which requires dual sidewalks on local roads internal to the site, to allow a
sidewalk on one side of the roadway where the property is permitted with single loaded home
sites. Appropriate crosswalks shall be provided at crossing locations.
6. Deviation 6 seeks relief from LDC Section 3.05.07.A.5, Preservation Standards, which requires
preservation areas shall be interconnected within the site and to adjoining off-site preservation
areas or wildlife corridors, to allow the onsite preserves to be non-contiguous.
7. Deviation 7 seeks relief from LDC Section 5.05.08.6.2.a.i and 5.05.08.6.2.c.i, Architectural and
Site Design Standards, which requires where a proposed project site located within 150 to 300
feet of an arterial or collector road , including all rights-of-way, shall be required to comply with
LDC sections 5.05.08 D.4., D.10., D.13., D.15., E, and F. Compliance shall be limited to the building
Russell Square RPUD, PL20170004414 Page 9 of 12 08/20/2018
facades facing the arterial or collector road to allow the buildings behind a wall to not be subject
to this LDC requirement.
8. Deviation 8 seeks relief from LDC Section 4.05.04.G, Parking Space Requirements, which requires
where small-scale recreation facilities are accessory to a single-family or multifamily project and
intended only for the residents of that project, exclusive of golf courses/clubhouses, the
recreation facilities may be computed at 50 percent of normal requirements where the majority
of the dwelling units are not within 300 feet of the recreation facilities and at 25 percent of
normal requirements where the majority of the dwelling units are within 300 feet of the
recreation facilities, to allow the parking space for the recreation facilities to be computed at 25
percent where the majority of dwelling units are within 500 feet of the recreation facilities.
9. Deviation 9 seeks relief from LDC Section 4.06.02,Table 2.4, Buffer Requirements,which requires
a 15' wide type "B" landscape buffer to allow no buffer in the areas adjacent to the Taormina
Reserve PUD preserve area as depicted on the Master Plan.
Russell Square RPUD, PL20170004414 Page 10 of 12 08/20/2018
CAO)
EXHIBIT F
FOR
RUSSELL SQUARE RPUD
LIST OF DEVELOPER COMMITMENTS
1. PUD MONITORING
One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-
out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until
close-out of the PUD. At the time of this PUD approval, the Managing Entity is Neal Communities
of Southwest Florida, LLC, 5800 Lakewood Ranch Blvd. N., Sarasota, FL 34240. Should the
Managing Entity desire to transfer the monitoring and commitments to a successor entity, then
it must provide a copy of a legally binding document that needs to be approved for legal
sufficiency by the County Attorney. After such approval, the Managing Entity will be released of
its obligations upon written approval of the transfer by County staff, and the successor entity
shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity
shall provide written notice to County that includes an acknowledgement of the commitments
required by the PUD by the new owner and the new owner's agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its
responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no
longer responsible for the monitoring and fulfillment of PUD commitments.
2. MISCELLANEOUS
a. Issuance of a development permit by a county does not in any way create any rights on the
part of the applicant to obtain a permit from a state or federal agency and does not create
any liability on the part of the county for issuance of the permit if the applicant fails to obtain
requisite approvals or fulfill the obligations imposed by a state or federal agency or
undertakes actions that result in a violation of state or federal law.
b. All other applicable state or federal permits must be obtained before commencement of the
development
3. ENVIRONMENTAL
a. The RPUD shall be required to preserve 25% of native vegetation. 13.88± acres of native
vegetation exists on-site requiring a minimum preservation of 3.47±acres (13.88 x.25 = 3.47)
of native vegetation to be retained.
b. In addition to item 3.a. above, the RPUD shall be required to preserve 25% of native trees,
which have grown up in the pasture and central single-family residential area. 110 trees (101
slash pine >8" dbh and 9 cabbage palm >8' clear trunk) exist in densities greater than 8
trees/acre requiring a minimum preservation of 28 trees (110 x .25 = 27.50). Developer shall
be permitted to replace these trees and the replacement trees will be placed into areas
allowing for 40-foot diameter canopy for the pines and 10-foot diameter canopy for the palms
in accordance with LDC Section 3.05.07.
Russell Square RPUD, PL20170004414 Page 11 of 12 08/20/2018
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4. TRANSPORTATION
a. The PUD shall be limited to a maximum of 124 p.m. peak hour two-way trips based on the
use codes in the ITE Manual on trip generation rates in effect at the time of application for
SDP/SDPA or subdivision plat approval.
b. Prior to the issuance of the first certificate of occupancy for residential dwelling units, the
developer or successor shall extend Cope Lane east to the intersection with Sunset Boulevard.
This roadway extension shall be constructed to County standards with sidewalks on both
sides of the street.
c. Owner or its successors shall pay its proportionate fair share for a traffic signal at the
intersection of Cope Lane and Santa Barbara Boulevard, if warranted and constructed.
5. LANDSCAPING
a. In order to avoid conflicts with utilities and sidewalks, the required canopy tree for an
individual lot shall be one from the following list:
Wax Myrtle
Green Buttonwood
Satin Leaf
Simpson Stopper (Myrcianthes fragrans) 2:1
Dahoon Holly 2:1
or any other small native tree approved by the County's Landscape Architect.
Where it can be demonstrated that another tree species can be planted without conflict,
staff may approve this alternative species.
b. Preserves may be used to satisfy the landscape buffer requirements after exotic vegetation
removal in accordance with LDC sections 4.06.02 and 4.06.05.E.1. Supplemental plantings
with native plant materials shall be in accordance with LDC section 3.05.07. In order to
provide the required Type B buffer, a minimum 6-foot-wide landscape buffer easement
located outside of the preserve will be conveyed by owner to a homeowner's association or
condominium association at time of SDP or plat approval. Owner will plant additional
landscape material in the buffer easement to achieve the opacity requirement no later than
one year from the issuance of the first residential certificate of occupancy.
6. UTILITIES
The owner will construct a Collier County 8" water main through the PUD property and connect
to one existing offsite County water main. If water service is connected to Collier County on the
north end of the property then a south connection will be stubbed for Collier County future
use. If water service is connected to Collier County on the south end of the property then a north
connection will be stubbed for Collier County future use.
Russell Square RPUD, PL20170004414 Page 12 of 12 08/20/2018
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
October 25, 2018
Ms. Crystal K. Kinzel, Clerk
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha S. Vergara
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. 18-51, which was filed in this office on October 25, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/1b
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us