Agenda 03/25/2008 Item #17A
Agenda Item No. 17 A
March 25, 2008
Page 1 of 28
EXECUTIVE SUMMARY
Petition SE-2007-AR-12229, an ordinance amending Ordinance Number 07-34, for
the Kaicasa Residential Planned Unit Development (RPUD), to incorporate the
omission of a provision that was otherwise intended and made part of the public
hearing and therefore constitutes a scrivener's error. The subject property,
consisting of tOO acres, is located along ,the north side of State Road 29, east of
Village Oaks Elementary School, and is approximately 2 miles east of the
intersection of State Road 29 and County Road 846
OBJECTIVE:
To have the Board of County Commissioners (BCC) correct a Scrivener's Error resulting
from a clerical error where some of the Developer's Commitments that were discussed
and approved by the BCC were inadvertently omitted from the RPUD document.
CONSIDER<\. nONS:
.-
On March 27, 2007, the BCC approved Ordinance No. 07-34, which granted The Kaicasa
RPUD. The Kaicasa RPUD consists of 10000 acres and is being developed as a residential
development of 400 single-family attached, detached dwelling units, two. family dwelling
units or multi-family dwelling units at a density of four (4) dwclling units per acre. All of
the dwelling units shall be committed to occupancy by income restricted households that
are at or below sixty percent of the median annual household income in Collier County.
The BCC motion was to include additional conditions of approval in subsection 5.6.
entitled "Stomlwater Management" which establishes paragraph C: Base flood elevation
approval shall be obtained from the Federal Emergcncy Management Agency (FEMA)
and submitted to the County prior to the approval of any subsequent final development
order, such as site development plans/construction plans.
Additionally, in subsection 5.8. entitled "Environmental" which establishes paragraph C:
The applicant shall incorporate the "Standard Protection Measures for the Eastern Indigo
Snake" (Service 2002) into any County development orders authorizing any land
clearing or construction activities. Paragraph D: Compensation for impacts to Wood
Stork and Florida Panther habitats must be addressed as part of the South Florida Water
Management District (SFWMD) Environmental Revicw Pennit (ERP) process and the
United States Army Corps of Engineers (USACE) pernlitting process in consultation
with the Florida Wildlife Servicc prior to site dcvelopment plans/construction plan
approval. Paragraph E: The applicant must include an analysis of potential water quality
impacts of the project during review of the first site dcvelopment plan or first set of
construction plans. This will be accomplished by evaluating water quality loadings
expected from the project (post development conditions considering the proposed land
uses and stonnwater managcment controls) compared with water quality loadings of the
project area as it exists in its predevelopment condition. This analysis shall be perfonned
,L,aenda itEJm t'Jo. 17 A
~ fJ1arch 25, 2008
Page 2 of 28
using methodologics approved by federal and state water quality agencies. County
review and approval of this analysis shall be required prior to construction plans/site
development plan approval. Paragraph F: The applicant shall be required to submit a full
five-day wildlife survey at the time construction plan/site development plans are
submitted. The survcy must be less than one year old at the time of submittal. Finally,
paragraph G: All preserve areas shall be evaluated at the time construction plans/site
development plans are revicwed to cnsure that such areas are consistent with the Growth
Management Plan (GMP).
FISCAL IMPACT:
This action is only to correct an error in Ordinance No. 07-34, which was previously
approved by the BCe. Therefore, this change by and of itself would have no fiscal impact
on Collier County.
GROWTH MANAGEMENT IMPACT:
Approval of this Scrivener's Emlr would not affect or change the requirements of the
Growth Management Plan. It is only to correct an error to subscction 5.6., cntitlcd
Stonnwater Management, and subsection 5.R. entitled Environmental of Ordinance No.
07-34, The Kaicasa RPUD.
LEGAL CONSIDER-\. TIONS:
A sClivener's error is either an omission or typographic crror in a resolution or ordinance.
In this matter it is an omission to a RPUD ordinance as discussed more fully by staff
under the heading entitled "Considerations" in this Executive Summary.
STAFF RECOMMENDATION:
Staff recommends that the BCC approve the Scrivener's Error amendment to Ordinance
Number 07-34.
PREPARED BY:
Melissa Zone, Principal Planncr
Zoning and Land Dcvelopment Review
Item Number:
Item Summary:
Meeting Date:
Page 1 of 2
Agenda Item No. 17 A
March 25, 2008
Page 3 of 28
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
17A
This item requires that all participants be sworn in and ex parte disclosure be provided by
Commission members. SE-2007-AR-12229, an ordinance amending Ordinance Number 07.
34, for the Kaicasa Residential Planned Unit Development (RPUD), to incorporate the
Inadvertent omission of Section 5.6.E and Section 5.8.C-G that was approved by the Board
of County Commissioners on March 27, 2007 and therefore constitutes a scriveners error.
The subject property, consisting of 100 acres, is located along the north side of State Read
29, east of Village Oaks Elementary School, and is approximately 2 miles east of the
intersection of State Road 29 and County Road 846.
3/25/2008900,00 AM
Prepared By
Melissa Zone
Community Development &
Environmental Services
Principal Planner
Date
Zoning & Land Development Review
3/3/2008 3:21 :32 PM
Approved By
Judy Puig
Community Development &
Environmental Services
Ope,ations Analyst
Date
Community Development &
Environmental Services Admin,
314/2008 '10:'13 AM
Approved By
Ray Bellows
Community Development &
Environmental Services
Chief P!onner
Dote
Approved By
Zoning & Land Deve!opment Review
314:2008 11 :07 AM
Nick Casalanguida
Transportation Services
MPO Director
Date
Transportation Planning
314/2008 1 :03 PM
Approved By
Susan Murray, AICP
Community Development &
Environmental Services
Zoning & Land Development Director
Date
Zoning & Land Development Review
3/5/20088:53 AM
Approved By
Norm E. Feder, AICP
Transportation Ser....ices
Transportation Division Administrator
Date
Transportation Services Admin.
3/11/2008 11 :08 AM
Approved By
Marjorie M. Student-Stir'Hng
County Attorney
Assistant County Attorney
Date
County Attorney Office
3/13/200810:05 AM
Approved By
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Page 2 of 2
,,'\;';8n03 ::em r-4o, 17 A
1'.13rco 25, 2008
Page 4 of 23
Joseph K. Schmitt
Communi!y Development &
Environmental Services Adminstrator
Date
Community Development &
Environment.::;1 Services
Community Development &
Environmental Services Admin.
3t13f2008 7:58 PM
Approved By
OMS Coordinator
Applications Analyst
Date
Administrative Services
Information Technology
3/14/200812:33 PM
Approved By
Mark Isackson
Budget Analyst
Date
County Manager's Office
Office of ManCJgement & Budget
3/14/200812:47 PM
Approved By
James V. Mudd
County Manager
Date
Board of County
Commissioners
County Manager's Office
3/15/20089:42 AM
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Agenda Item No. 17 A
March 25. 2008
PaJe 5 of 28
ORDINANCE NO. 08._
AN ORDINANCE OF THE BOARD OF COUNTY
COMl>lISSIONERS OF COLLIER COUNTY, FLORIDA,
fu\1ENDING ORDINANCE NUMBER 04-41, AS
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, OR ITS SUCCESSOR, BY
PROVIDING FOR AN AMENDMENT TO ORDINANCE
NO. 07-34, THE KAlCASA RK~IDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) TO CORRECT
SCRIVENERS ERRORS; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on March 27, 2007, the Board of County Commissioners adopted
Ordinance No. 07~34 establishing the Kaicasa RP'UD; and
WHEREAS, following said action adopting Ordinance No. 07~34, it was determined
that the Kaicasa RPUD Document, as transmitted to the Department of Stale, omitted a
provision that was otherwise intended and made part of the public hearing and therefore
constitutes a scrivener's error,
NOW, THEREFORE, BE IT ORDAj},lOD BY THE BOARD OF C01JNTY
COMMISSIONERS OF COLLIER COUNTY. :FLORlDA, that:
SECTION ONE: SCRIVEl\'ER'S ERROR AMENDMENT TO SUBSECTION 5.6,
ENTITLED "STORMWATER MANAGEMENT," OF ORDINANCE
NO. 07-34, THE KAICASA RPUD.
Subsection 5.6., Stormwater Management, of Ordinance No. 07-34, the Kaicasa RPUD,
is hereby amended to read as follows:
5.6. STORMWATER MANAGEMENT
A. The Kaicasa RPUD conceptual surface water management system is described
in the Water Management Report, which has been included in the RPUD rezone
application materials. Vlater management infrastructure will be o\.vned,
operated and maintained by the developer until conveyed to the property OWner
a::;sociation.
B. A LOO foot wide dra:inage and maiIltenance easement, along the southern
property line to encompass the existing canal and provide maintenance access
along the north bank shall be conveyed to Collier County prior to issuance of
the first CO.
C. Ba<;e flood elevation 8Dvfoval sha.1J be obtained from the Federal Erncr2"eTIcY
Manae:ement Ae:ency (FEMA) and submitted to the County Drior to the
aporoval of any subseauent final develonment order. such as site develonment
plans!construction olans.
Page 1 of3
SECTION TWO: SCRIVENER'S ERROR AMENDMENT TO SlIlISECTION 5.8.,
ENTITLED "ENVIRONMENTAL," OF ORDINANCE NO. 07-34,
THE KAreASA RPUD.
Subsection 5,8., Environmental, of Ordinance No. 07R34, the Kaicasfl RPUD, is hereby
amended to read as follows:
5.8. ENVIRONMENTAL
A. The Kaicasa RPUD shall comply '.vith the guidelines and reconunendation 0 the
u.s. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife
Conservation Commission (F\.VCC) regarding potential impact to protected
species on site. A Habitat management plan for protected species, including
bear and panther, shall be submitted to Environmental Services Staff for review
and approval prior to final construction plan approval.
B. Areas that fulfill the native vegetation retention standards and criteria of the
GMP shall be set aside as preserve areas. All preserve areas shall be identified
as separat.e tracts and be prote.cted by a permanent conservation easement to
prohibit further development. An preserve areas shall be designated as preserve
tr.acts on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Conservation
easements shall be dedicated on the plat to the Kaicasa homeowner's
association, or like entity, for oW:1ership and maintenance responsibility and to
Collier County with no responsibility for maintenance.
c. The aoollcant shall incorporate lne "Standard Protection Measures for the
Eastern lndirro Snake" (Service 2002) into any County dtwelOl;JIIlenl order?.
slUthorizinl2' any land dcariD!:'" or construction activities.
D. Comnensation for imoHcts to wood stork ar4.B,m:jf:@-lli!D,~hN...!labitats mu.':t be
addressed as Dart of the South Plorida Water Manaf!ement QL~.trict C$FWhID)
Environmental Review Permit (ERP) vrocess and the United States Annv COrDS
of En2:rncers (US ACE) Ds..rrnittinl1 nroces~ in consultation with the Florida
v..'ildlife Service orior to site develonment oJans/construction (JIans u1;J.m:..Q.Yi1L.
E, The aODlicant must include an analvsis of tJotential water oualitv impact.': of the
Drokct durinS! review QUhQ...jjrst site development plan or first set of
conslruttion plans, This will be accorQI2lished bv eva]uatim~ \vater aualitv
loadine:s expected from the oroiect (P05t develoornent conditions considerinQ:
the monosed' land uses arJd storm\\~~ter rnanal!ement controls) comoared with
water aualitv Joadinr>:s of the nroie.ct area as it ex.ists in its predeveloDJuent
condition. This analysis .':11a1] he nClformed using methodolor!ies aDoroved QJ::
federal and .<:tate \vater (lllalitv a!!cncics, County review and UPDLo'val of this
analvsis shall be reauired Drior to construction plansf~ite develooment plan
~Rm:oval.
F. TIle aDolicant shall be required to submit a full five-day wildlife surveY at the
ti_me construction olans/site develoDment plan are suhmitted. The survey must
be less than one year old at the time of submittal.
G. All oreserve areas shall be evaluated at the time constmction oJans!sjte
devclooment lJlans are ~'yiewed to ell~Ure that such area.;; are consistc.nt with the
GWIA.th Mana2em~nt Plan,
SECTION THREE:
EFFECTIVE DiI. TE.
This Ordifl,mce .shall become effective upon filing with the Department of State.
Page 2 of 3
!'\~:en::-;a Item No. 17A.
~ f\1arch 25, 2003
Paoe 6 of 28
Agenda ltsm r'Jo. 17 A
r-viarch 25, 2008
Page 7 of 28
PASSED AND DULY ADOPTED by majority vote by the Board of County
Commissioners of Collier County, Florida, this _ day of
,2008.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
TOM lIENNING, CHAIRMAN
Approved as to form
and legal sufficiency:
/ Marjorie M, Student-Stirling
Assistant County Attorney
Page 3 of 3
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ORDINANCE NO. 07-~
AN ORDINANCE OF THE BOARD OF COL:NTY
COMMISSIONERS OF COLLlER COUNTY, FLORIDA,
AMENDING ORDINANCE NL1vlBER 04-41, AS
AMENDED, THE COLLIER COl:NTY LAND
DEVELOPMEl'T CODE, 'NHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING TIlE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE
ZONING CLASSIFICATION OF THE I1EREI!>:
DESCRIBED REAL PROPERTY FROM AGRICULTURE
WlTH MOBILE-HOME OVERLAY (A-MHO) ZONING
DISTRICT TO THE RESlDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT FOR A
PROJECT KNOWN AS KAICASA (RPUD) LOCATED
ALONG THE NORTH SIDE OF STATE ROAD 29, JUST
EAST OF VILLAGE OAKS ELEMENTARY SCHOOL.
AND APPROXIMATELY 2 MILES EAST OF THE
!NTERSECTION OF STATE ROAD 29 AND COUNTY
ROAD 846. IN SECTION 12. TOWNSHIP 47 SOUTH,
RANGE 27 EAST, COLLIER COC'ITY. FLORIDA.
CONSISTING OF 100" ACRES; AND BY PROVIDrNG
AN EFFECTIVE DATE.
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L1arch 25. 2,']08
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WHEREAS, Laura Spurgeon. AICP of .lOH~SON ENGINEERING, INC,
representing HABITAT FOR HCMANITY OF COLLIER COUNTY INC.. 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
SECTION ONE:
COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that:
The zoning classification of the herein described real property located in Section
12, Township 47 South, Range 27 East, Collier County, Florida, is changed from the
Agriculture Mobile~Home Overlay (A-MHO) Zoning District to the Residential Planned
Unit Development (RPUD) Zoning District known as Kaicasa Residential PlarUlcd Unit
Development in accordance \vith the RPUD Document, attached hereto as Exhibit HAil.
which is incorporated herein and by reference made part hereof. The appropriate zoning
atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier
County Land Development Code, is/are hereby amended accordingly.
SECTION TWO:
!~genda Item ~40. 17 A
March 25, 2008
Page 9 of 28
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
Commissioners of Collier County, Florida, this n day of rY7 6- rz e h
ATTEST:, .'1' i,!~
DWIGHT 'fLBR(:)(."~CLERK
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Approyed :J16'fntin and
legal sufficiency
YM~U'<'~I"l;~~
Ma:rjori . Student.Stirling
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY Jtic~ t!f!N
,2007.
This OrdinOr1C1? Ii''': w11n th.'
Sec:.r~tory of ~,o O);t~'s PHi,C02 th::
_~do-r()f..t~~_L1L, _?~l1;;..q
and acknowledgemen~ ';.k.1hat
fltl;) r,eceiVed~lt1iS. doy
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By _
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Page 10 of 28
Community Development and Environmental Services Division
KAICASA RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KAICASA Rl'UD, A
RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSl:ANT TO PROVISIONS OF THE COLIER
COLr;TY LAND DEVELOJ'ME]\;T CODE
PREPARED FOR:
HABITAT FOR HUMANITY
11145 Tamiami Trail East
]\;aplcs, FL 34113
PREPARED BY:
JOHNSON ENGINEERING, INC
2350 STANFORD COl:RT
NAPLES, FL 34112
DATE REVIEWD BY CCPC
DATE APPROVED BY BCC
ORDINANCE ~MBER
AMENDMENTS AND REPEAl.
Exhibit ~A"
Agenda Item No. 17 A
March 25, 2008
Page 11 of 28
T ABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
11
SECTION I
PROPERTY OWNERSHIP & DESCRIPTION
l-Ilhrough 1-2
SECTION II
PROJECT DEVELOPMENT
II-I through 11-2
SECTION III
RESIDENTIAL AREAS
III- I through III-3
SECTIO!' IV
PRESERVE AREAS
IV-I through IV-I
SECTION V
DEVELOPMENT COMMITMENTS
V-I through V-3
SECTION VI
DEVIATIONS
VIOl
EXHIBIT I
EXHIBIT 2
TABLE I
TABLE 2
Ag~nda it7?:-n r~o. 17 A
March 25. 2008
PaJa 12 of28
LIST OF EXHIBITS AND TABLES
Location Map
RPUD Master Plan
Project Land Use Tracts
Page II-I
Development Standards
Page III-2
i
Agenda Item ~Jo. 17 A
March 25, 2008
Page 13 of 28
STATEMENT OF COMPLIANCE
The subject property consists of 100:': acres of property in Collier County, Florida, and will be developed as a
Residential Planned Unit Development (RPUD) to be known as the Kaicasa RPUD. The property is located within
the lnunokalce Planning Conununity. The proposed development will consist of up to 400 residential dwelling units
in the form of single-family attached or detached. zero lot line, two-family. duplex, or multifamily housing. The
proposed development will be in compltance with the goals, objectives and policies set forth in the Collier County
Growth Management Plan (GMP) for the following reasons:
1. The subject property is within the Irrunokalee Urban Area, as depicted on the countywide Future Land Use
Map. and is designated High Residential District on the Immokalee Area Master Plan (lAMP) Future Land Use
Map. According to the lAMP, the purpose of the High Residential District is to provide for a district of high density
residential development. Residential dwellings shall be limited to multi-family structures and less intensive units
such as single family and duplexes provided they are compatible with the district. A density less than or equal to
eight (8) dwelling units per gross acre is permitted. The proposed residential development is consistent with the
parameters described in the lAMP for the HIgh Residential District, and satisfies Ohjective ILl of the lAMP.
2. The proposed road and sidewalk system for the project provides for movement of pedestrians, moturized, and
non-motorized vehicles consistent with Objective VI.I of the lAMP. In accordance with GMP Future Land Use
Element PoHey 7.3, location ora proposed intercormection point with the adjacent Farmworkcrs Village property is
shown (FLUE) on the master plan.
3. The project development is compatible and complementary to existing and future surrounding land uses as
required in Policy 5.4 of the FLCE. The proposed residential project will be conSIstent with the only existing
adjoining development which is the Fannworker's Village residential project to the west. The Irmnokalee Future
Land Use Map designates property to the north. east and west as High Residential and property to the south as Low
Residential. The proposed development will be consistent with all these designations for fuhIre use of surrounding
properties.
4. rhe project development shall comply with stormwater quality and quantity standards described in the Drainage
Sub-Element of the Public Facilities Element. The site is designed to include preserved native vegetation, consistent
with Goal IV of the lAMP.
5. The projected density of 4 dwelling units per acre (OIl/A) is in compliance with the lAMP based on the
following relationships to required criteria:
Density per High Residential designation
on lnunokalee Future Land Use Map
8 DU/A
Affordable housing density bonus
(100% are for low income households)
8 DU/},
Permitted density
16 DVIA
PROPOSED DENSITY 4 DViA
400 units on 1O~ acres (gross acreage for residential use)
6. The provision of affordable housing in this development is consistent with Goal 1 of the Housing Element of
the GMP and Goal III of the lAMP by creating affordable housing for residents of Collier County, including low
and moderate income persons, rural residents, and farmworkers. The proposed project increases the number of
a fforrlable housing units to meet the housing needs of the County which is consistent with Objective I of the
HOUSl11g Element.
7. All final local development orders for this project are subject to the Colliet County Adequate Public Facilities
Ordinance in accordance with Policy II. 1.2 of the V\MP.
ii
;\gend3 Item ~-Jo. 17 A
~,,1ar.::;h 25. 2008
Page 14 of 28
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing
conditions of the property proposed to be developed under the project name ofKaicasa RPUD.
1.2 LEGAL DESCRIPTIO'"'
The subject property, being 1 OO~ acres, is described as:
That portion of referenced parcel 8 10 Section 13, Township 47 South, Range 29 East, and that
portion of referenced parcel 8 in Section 12, Township 47 SOllth, Range 29 East, Collier County,
Florida, described in O.R. Book 2 J 53, Page 1901, be10g more particularly described as follows:
Beginning at a 4" by 4" concrete monument found marking the Southwest comer of said Section
12: thence North 02013'13" \\-'est along the West line of Southwest 1/4 of said Section 12, a
distance of 2670.91 feet to a 4" x 4" concrete monument found markmg the Northwest comer of
the Southwest 1/4 of said Section 12; thence North 02013'27" West along the v,.'est line of the
Northwest 114 of said Section 11 , a distance of 179.09 feet' thence departing said West line, North
87'46'47" East a distance of 1235.30 feet; thence South 01'13'13" East along a line 1235.30 feet
East of and parallel with the "Vest line of the Southwest J.i4 of said Section 12 a distance of
4193.59 feet to the ;-.Jortherly maintained rjght-of~way line of State Road No. 29; thence North
45u03'20" West along said :'Jorthcrly line a distance of 730,92 feet; thence North 44;)55'22" West
to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence
North 02019'02" West along said Westerly line, a distance of7,56 feet to the point of beginning
LESS A"'D EXCEPT THEREFROM all right, title and interest oithe Grantor, if any, in and to the
oil, gas and minerals of every kind or character located in, on or under, or that may be produced
from said property.
A site location map IS provided as EXHIBIT I.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of:
Habitat for Humanity of Collier County, Inc.
11145 Tamiami Trail East
Naples, FL 34113
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located at the southwest comer of Section 12, Township 47 South, Range 29 East and at
the northwest corner of Section 13, Township 47 South, Range 29 East. The project entrance is along the
north side of State Road 29, just east of Village Oaks Elementary School. and approximately 2 miles east
of the intersection of State Road 29 and County Road 846.
B. The zoning classification of the subject property prior to the date of this approved RPUD Document \\'as
A-~yfHO, Rural Agricultural with Mobile Home Overlay.
I-I
1
Agenda Item No. 17 A
March 25, 2008
Pa'J8 15 oi28
1.5. PHYSICAL DESCRIPTION
The project site is located within the South Florida Water Management District. The natural drainage of the site is
in a south and southeasterly direction, to the S.R. 29 canal along the project's southern border. The canal, in turn,
discharges into the Fakahatchee Strand Preserve. The application includes a water management report and plan.
Water management for the proposed project is planned to utilize existing wetland features with added capacity in
lakes. Elevations within the project site range from 21 to 29 feet above mean sea level. Most of the site, however,
has an elevation within 25 to 27 feet. The entire site is in Flood Zone A according to Finn Map Panel Number 150
(1202lCOI50G) dated November 17. 2005.
The soil types on the site include Chobee, Winder, and Gator soils, depressional (approximately 28 percent), and
Wabasso fine sand (approximately 72 percent). Soil characteristics were derived from the USDAlNRCS Soil
Survey for Collier County. Florida.
1.6. PROJECT DESCRIPTION
The project is a residential neighborhood of 400 siogle-family attached or detached, zero lot line. two-family,
duplex, or multifamily dwelling units designed with attention to natural site features. The project includes
residential areas, streets, water management features, preserve areas and a recreation area. The site shall be
designed, permitted and developed in phases through estimated buildout in 2009.
1.7. SHORT TITLE
This Ordinance shall be known and cited as the "Kaicasa Residential Plalmed Unit Development Ordinance."
I-2
i\;;encia Hem t'4o. 17.:\
March 25, 2003
Page 16 of 28
SECTIO'" II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of development, relationships to
applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project
relationships.
2.2. GENERAL
Regulations for development of the Kaicasa RPUD shall be in accordance with the contents of this Document,
RPUD- Residential PlaMed Unit Development District and other applicable sections and parts oftbe Collier County
Land Development Code (LDC) and GMP in effect at the time of building permit application. Vv'here these
regulations fail to provide developmental standards, the provisions of the most similar district in the LDC shall
apply.
2.3. DESCRIPTION OF PROJECT I'LAN AND PROPOSED LAND USES
A. The project Master Plan, including layout of streets and use of land for tile various tracts, is illustrated
graphically by EXHIBIT 2, RPtJD Master Plan. There shall be residential land use tracts, plus necessary
water management lakes, street nghts-of-way, the general configuration of which is also illustrated by
EXHIBIT 2.
TABLE I
Project Land Use
Residential
TYPE
Single-family attached or
detacheda zero lot line,
two-farmly. duplex,
or multIfamily dwelling
units
UNITS
400 DU
ACREAGE
48.05 ACRES
Lakes
9.02 ACRES
Preserve
Preserves (minimum 24.1 acres)
including upland buffers
30.18 ACRES
RoadslRight-of-Way
12.75 ACRES
100.00 TOTAL ACRES
B. Areas illustrated as lakes on EXHIBIT 2 shall be constructed as lakes, or upon approval, parts thereof may
be constructed as shallow, intermittent wet and dry depressions fur water retention purposes. Such lakes
and intermittent wet and dry areas shall be in the same general configuration and contain the same general
acreage as shown by EXHIBIT 2. Minor modification to all tracts, lakes or other boundary may be
permitted at the time of plat or site development plan approval, subject to the proyisioIL'i of the LDC or as
other\vise perm.Jtted by this RPUD Document
C. In addition to tracts shown on EXHIBIT 2, such easements as necessary (utility, private, or semi~public)
shall bl: e::;taLlished within or aiong the various tracis as may be necessary.
B-1
.l\genda Item No. 17.L\
March 25, 2008
Page 17 of 28
2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 400 resldential dwelling units shall be conSb1Jcted in the total project area.
The gross project area is lOO.::t acres. The gross project density, therefore, will be a maximum of 4 dwelling units
per acre.
2.5. RELATED PROJECT PLAN APfROY AL REQUIREMENTS
EXHIBIT 2. RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent
with RPUD approval, a site development plan andlor subdivision plat shall be submitted for the project.
II-2
,~'\genda item t;,Jo. 17.A.
rv~arch 25, 2008
Page 18 of 28
SEcn O:'i III
RESIDENTIAL AREAS PLAN
3.1. PURPOSE
The purpose of this Section is to Identify specific development standards for areas designated as residential tracts on
EXHIBIT 2.
3.2. MAXIMUM DWELLING UNITS
A maximum of 400 dwelling units shall be allowed within the Kakasa RPUD.
3.3. USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other
than the following:
A. Principal Uses:
(I) Single-family detached dwelling units (A building which contains only one dwelling unit and is
intended, designed, used and occupied by no more than one family);
(2) Zero lot line dwelling units (A singLe~family attached or detached dwelling structure on
individually platted Jots which provides a side yard on one side of the dwelling and no yard on the
other);
(3) Two-family dwelling units (A single, freestanding conventional building intended, designed, used
and occupied as tv.'o dwelling units attached by a common wall or roof, but wherein each unit is
located on a separate lot under separate O\vnership);
(4) Duplex dwelling units (A single. freestandmg, conventional building on a single lot, which
contains only two dwelling units and is intended, designed, used and occupied as two dwelling
units under single o","l1ership, or ""'here each dwelling unit is separately owned or leased but the lot
is held under common ownership);
(5) Single-family atlached dwelling units;
(6) Multi-fanuly dwellmg units_
B. Accessory Uses:
(I) Customary accessory uses and structures, including private garages.
(2) Common recreation amenities and play areas.
3.4. DEVELOPMENT STANDARDS (See Table Il)
A. ~iENER.AL: All setbacks shall be in relation to the lot boundaries, except as otherwise provided (See
rable Il, Schedule of Development Standards).
B. BUILDING HEIGHT: Building height shall be measured from the finished first !loor elevation to the
highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the
mean height level between eaves and ridge of gable, hip, and gambrel roofs.
C. GARAGE REOUIREMENT: A minimum or a singie car garage is required for each dwelling umt.
III-l
,~genda Item No. 17 A
March 25, 2008
Page 19 oi 28
TABLE 2
Development Standards for Residential Areas
Single- Zero Two- Duplex - unit is Single-Family Multi-family
Family Lot Famlly fee simple, lot Attached
Detac hed Line fee is common
simple ownership
lot
PRINCIPAL STRUCTURES
i ~. :-. n 1 mum Lot Area 3,000 s.f. 3,000 3,000 sf. 7,000 s.f. 1.700 s.f. 9,000 s.f.
s.f.
Minimum Lot Width' 35 feet 35 feet 35 feet 70 feet 17 feet 90 feet
M in Il11Um Floor Area 900 s.f. 900 s.f. 900 s.f. 900 sJ. 900 s.f. 750 s.f.
Front Yard Setback' 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet
Side Yard Setback' 5 feet o feet or o feet or 5 feet 10 feet 10 feet
5 feet 5 feet
Rear Yard Setback 4 15 feet 15 feet 15 feet 15 feet 15 feet 15 feet
Preserve Setback' 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet
2 stories 2 stories 2 ston es 2 stories 2 stories ? stories
Minimum Distance 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet
Between Principal
Structures
ACCESSORY STRUCn;RES
Front Yard Setback S.P.S. S,P.S. S.P.S. S.P.S. S.P.S. S.P.S.
S,de Yard Setback S.P.S. S,P.S. S.P.S. S.P.S. S.P.S. S.P.S.
Rear Yard Setback 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet
( Accessorv)
Preserve Setback. 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet
Maximum Building Height 35 feet 35 feet 35 feet 35 feet 35 feet 35 feet
2 stories 2 stories 2 stories 2 stories 2 stories 2 stories
Minimum Distance o feet or 10 o feet or o feet or o feet or 10 feet o feet or 10 feet o feet or 10
Between Principal and feet 10 feet 10 feet feet
AccessoTV Structures'
I On cui de sac lots and lots on the inside part of a curved street, minimum lot width may be reduced by 25%.
2 A minimum of 23 feet from edge of sidewalk to the garage must be provided, or 23 feet from edge of pavement
where no sidewalk is provided, except that side loaded garages may be 20 feet from property line if the applicant
demonstrates that 2 vehicles can be adequately parked on a driveway without overhanging onto the sidewalk.
) For fee simple lots created as single family attached, zero lot line, or two family housing units, no side yard shall
be required between interior units of a unified principal structure, and the required side yard shall be measured from
the exterior wall of the principal structure. A minimum 10 foot separation between principal stmctures shall be
maintained.
4 For lots adjacent to a lake, 0 feet from the lake maintenance easement. No structures are pennitted in the required
20 foot lake maintenance easement.
S Preserve setback for principal structures also applies to under roof attached structures part of the primary structure.
b Preserve setback requirements of 10 feet for accessory structures also apply to any site alteration, although fill may
;,: approved to be placed within 10 feet of the upland preserve but m..ay not be approved to be placed wit."Iin 1 0 feet
of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland.
7 Attached accessory lanais or roofed screened areas qualify for O.foot separation. Detached accessory structures
require a minimum of a IO-foot separation.
lII-2
.!\;1Snda !tem ~~o. "i 7/4,
fAarch 25, 2008
Page 20 of Z3
Development Standards Notes:
S.P.S.: Same as Principal Struclure
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the
de...-,'J: :,ment standards to be applied by the Customer Services Department during an application for a building
penrut.
III - 3
Agenda Item No. 17 A
March 25. 2008
Page 21 of 28
SECTION IV
PRESERVE AREA
4.1. PURPOSE
The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in a
natural or enhanced state. The Master Plan shows up to 30.18 acres of preserved native vegetation. a minimum of
which 30.0 acres will be delineated as preserve tracts in final design and platting. This satisfies the LDC minimum
r~quirement of 25%, or 24.11 acres, to be dedicated as preserve area in the Kaicasa RPUD.
4.2. USES PERMITTED
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, subject to regional state and federal permits, when required:
A. Principal Uses:
(1) Open spaces/nature preserves;
(2) Water management structures;
(3) Boardwalks subject to appropriate approvals by permitting agencies. however such structures shall
not reduce the retained native vegetation below the minimum required.
IV-l
., ~,
".;,.,
:;3 "2m r'h. 17.\
f/l:1ich 25, ~OC:3
2:2 Jf::3
SECTION V
DEVELOPMENT COMMITMENTS
5.1. PURPOSE
The purpose of this Section is to set forth the development commitments related to development of the Kaicasa
RPCD.
5.2. GENERAL
All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws,
codes, and regulations applicable to this RPUD. The developer, its successor or assigns shall be responsible for the
commitments outlined in this Document.
The developer, its successor or assigns shall follow the Master Plan and the regulations of the RPlJD as adopted,
and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any
successor or assigns in title shall be subject to any commitments within this Docl.Ullcnt.
5.3. RPlJD MASTER PLA~
A. EXHIB1T 2. RPLD Master Plan, illustrates the proposed development and is conceptual in nature.
Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent
approval phase such as final platting or site development plan application, Amendments may be made subject to the
provisions oftne LDC
8. All necessary easements, dedications, or other instmments shall be gnmlt'd to ensure the continued
operation and rm.intcnance of all service utilities and all common areas in the project.
5.4. SCHEDt;I,E OF DEVELOPMENTiMONITORING REPORT AND SUNSET PROVISION
A. The structures within the Kalcasa RPlJD is proposed to be constructed beginning in mid 2007 with
completion in 2009. The Kale"Sa RPUD shall be subject to the PCD Sunset Provisions of the LDC.
B. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income
restricted households at or below 60%) of the median annual household income in Collier County at the time of
construction. Covenants and restrictions shall be applied to all of the dwelling units ""ithin the Kaicasa RPUD to
ensure affordability of all dwelling units for a pefloct of at least fifteen (15) years from the date of issuance of a
certificate of occupancy (CO).
C. By the time huilding permits for 100 residential units are issued, the developer shall have constructed at
l<::ast one playground area in the location shown on the RPUD Master Plan.
V-I
['genda Item No. 17 A
March 25, 2008
Page 23 of 28
5.5. TRANSPORTATION
A. The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet, and street
intersections shall be provided with a mini.mwn of a 20-foot radius (face of curb) for all internal streets and
a 35-foot radius for intersections at the project entrance. Tangents shall not be required between reverse
curves on any project streets.
B. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida
Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition,
FDOT Design Standards, current edition, and the Manual on Uniform Traffic Control Devices (MUTCD),
current edition. AU other improvements shall be consistent with and as required by the Collier County
LDC.
C. Arterial level street lighting shan be provided at the development main access point. Access lighting shall
be in place prior to the issuance of the first permanent certificate of occupancy (CO).
D. Acces.s points, including both driveways and proposed streets, shown on the RPUD Master Plan are
considered to be conceptual. Nothing depicted on the Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall be approved or denied during the
review of required subsequent site plan or final plat submissions. All such access points shall be consistent
wLth the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to
time, and with the Collier County Long Range Transportation Plan. The number of access points
constructed may be less than the number depicted on the Master Plan; however, no additional access points
shall be considered unless a PUD amendment is to be processed.
E. In accordance with GMP, Future Land Use Element, Policy 7.3, location of a proposed interconnection
point with the adjacent Farmworkers Village property is shown on the Master Plan.
F. Site-related improvements (as opposed to system-related improvements) necessary for safe ingress and
egress to this project, as determined by Collier County, shall not be eligible fm impact fee credits. All
required improvements shall be in place and available to the public prior to the issuance of the first CO.
G. An proposed median opening locations shall be in accordance with the Collier County Access Management
Policy (Resolution No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier
County reserves the right to modify or close any median opening existing at the lime of approval of this
RPUD which is found to be adverse to the health, safety and welfare of the public. Any such modIfications
shall be based on, but are not limited to, safety, operational circulation, and roadway capacity.
H. Nothing in any development order shan vest a right of access in excess of a right-inlright-out condition at
any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening,
nor the lack thereof, be the basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee.
I. All internal roads, driveways, alleys. pathways, sidewalks and interconnections to adjacent developments
shall be operated and maintained by an entity created by the developer, and Collier County shall have no
responsibility for maintenance of any such facilities.
J. If any required turn lane improvement requires the use of any existing County right-of-way or easement,
compensating right-of-way shaH be provided without cost to Collier County as a consequence of such
improvement.
5.6. STORMW A TER MANAGEMENT
A. The Kaicasa RPUD conceptual surface water management system is described in tbe Water Management
Report, which has been included in the RPUD rezone application materials. Water management
V-2
/\g8:lda Item r'4o. 1//4..
March 25. 2008
Pa.ge 24 of 28
infrastructure will be owned, operated and maintained by the developer until conveyed to the property
owner assocIation.
B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the
existing canal and provide maintenance access along the northern bank. shall be conveyed to Collier
County prior to issuance of the first CO.
5.7. UTILITIES
A. Water distribution, sewage collection and transmission systems shall be constructed throughout the projecr
by the developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way or
within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District.
B. Upon completion of the utility facilities, they shall be tested to ensure they meet the lmmokalee Water and
Sewer District construction requirements in effect at the time construction plans are approved.
C. All customers connecting to the potable water and sanitary sewer system shall be customers of Immokalee
Water and Sewer District.
5.8. ENVIRONMENTAL
A. The Kaicasa RPVD shall cumply with the gUIdelines and recommendations of the U.S. Fish and Wildlife
Service (USFWS) and Florida Flsh and Wildlife Conservation Commission (FWCC) regarding potential
impacts to protected species on-site. A habitat management plan for protected species, including bear and
panther, shall be submitted to Environmental Services Staff for review and approval prior to final
construction plan approval.
B. Areas that fulfill the native vegetation relention standards and criteria of the GMP shall be set aside as
preserve areas. All preserve areas shall be identified as separate tracls and be protected by a permanent
conservation easement tu prohibit further development. All preserve areas shall be designated as preserve
tracts on all construction plans and shall be recorded on the plat with protective covenants per or similar to
Section 704.06 of the Florida StaMes. Conservation easements shall be dedicated on the plat to the
Kaicasa homeowners' association, or like entity, for ownership and maintenance responsibility and to
Collier County with no responsibility for mamtenance.
v-]
Agenda Item No. 17 A
March 25, 2008
Page 25 of 28
SECTION VI
DEVIATIONS
Deviation #1 seeks relief from LDC Section 6.06.01 0 (also Construction Standards Manual as revised in Supp. 17,
03-55) which requires minimum local streel right-of-way width of 60 feet.
Section 5.5A of the RPUD Document states, "The minimum right-of-way width for local streets within the Kaicasa
RPUD shall be 50 feet." This deviation is justified because of the small-scale setting of the neighborhood. This
addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader
road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right-of-way for
a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while
acconunodating all utility and drainage needs. The 50-foot right-of.way accomplishes traffic calming to provide a
safer transportation system within the community_ This dimension for a neighborhood right-of-way accommodates
all the standard roadway functions so that the development is compact, and open spaces can be concentrated in areas
of the property for enhanced environmental quality.
Deviation #2 seeks relief from LDC Section 6.06.02, which requires construction of 5-foot wide sidewalks on both
sides of local streets.
Une 5-foot wide sidewalk is proposed on one side of the street within those portions of Kaicasa RPUD where there
arc no lots, where lots eXlst on only one side of the street. In all other areas, sidewalks would be placed on both
sides of the street. This facilitates pedestrian mobility while limiting the extent of impacts created by sidewalks on
both sides of the streets. The proposed sidewalks serve the purpose of cormecting residents within the neighborhood
to on-site destinations as well as off-site to Farmworker's Village. This deviation will not adversely impact
pedestrian mobility for the project, and will reduce wetland impacts and reduce impervious areas for better water
quality and storm attenuation.
Deviation #3 seeks relief from the Construction Standards Manual as revised in Supp. 17, 03-55, which requires
tangents for all streets between reverse curves, unless otherwise approved by the community development and
environmental services division administrator,
Section 5.5.A of the RPUD Document states, "'Tangents shall not be required between reverse curves on any project
streets." This deviation is justified because it is consistent with the Code provision for administrative discretion.
The streets within the Kaicasa RPUD are not at a traffic capacity or speed level to require tangents between reverse
CUl\iCS. The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25
miles per hour, the design promotes traffic calming.
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,f.l.genda item No. 17/\
fl.1arch 25, 2003
Paoe 26 of 28
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Agenda Item No. 17 A
March 25, 2008
Page 27 of 28
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HOlDINGS, L TO
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PRESERVE"
ROADSIROW
TOTAL NeT ACREAGE
48.05A.Ct
9.02 ACt
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12.75AC%
100.00AC:t
P".EsERVE
COWER COllWY
HOUSING AUTHOFUTY
F'AAMWOJlKER'!1
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IMPERVIOUS AREA 2J,50ACt
MINIMUM OPEN SPACE(60'4) 6000 ACt
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DElINEATED nJR THE PURPOSE at' PRtSERVE
'TRACTS IN THE FlNAL- DESIGN AND PLATTING.
A MINIMUM or 24.11 ACRES is REQUIRED PER
TI"lE we NATIVE vtGE'tATlON RETENTION
REQUIREMENT 011I SITE.
J lOWRESIO~
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JOI-INS(DN
ENGINEERING
2350 STANFORD COURT
NAPLES, flORIOA J<l112
PHONE (2.19) <U4-0303o3
FAX (23;) 04J4-90320
E.8. 1!4-'Z &; La. #642
KAICASA RPUD
MASTER PLAN
,."
OCT 2aDS
SHEET
f:XHIBlT 2
EXHIBIT 2
;t,]en\Ja !iem t'Jo, 17 A
r,~8rch 25, 2003
Page 28 of 28
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 2007-34
Which was adopted by the Board of County Commissioners
on the 27th day of March, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of April, 2007.
DWIGHT E. BROCK .
Clerk of Courts andCle.rk
Ex-officio to' BQifr'& of" . '.
County commiS:;SiGper~ "'''', ,:
'",,, !!.:
. .
~ 6....,. ;>( ~
',- (ctG\~"f5C..
y: Teresa Polaski,
Deputy Clerk