Ordinance 2020-009 ORDINANCE NO. 20 - 0 9
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 A RURAL AGRICULTURAL (A)
ZONING DISTRICT TO A MIXED USE PLANNED UNIT
DEVELOPMENT (MPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS KASE MPUD, TO ALLOW
FOR CONSTRUCTION OF A MAXIMUM OF 76
RESIDENTIAL DWELLING UNITS OR 212 GROUP
HOUSING UNITS FOR SENIORS, ON PROPERTY
LOCATED ON THE EAST SIDE OF LIVINGSTON ROAD,
APPROXIMATELY ONE QUARTER MILE SOUTH OF
IMMOKALEE ROAD IN SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST, CONSISTING OF 7.58± ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
[PL20180002453]
WHEREAS, Anna Ritenour, of Davidson Engineering, Inc., representing Andrew Saluan,
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 herein described real property located in Section 30,
Township 48 South, Range 26 East, Collier County, Florida, is changed from a Rural
Agricultural (A) Zoning District to a Mixed Use Planned Unit Development (MPUD) for a
project to be known as the Kase MPUD, to allow construction of a maximum of 76 residential
dwelling units or 212 group housing units for seniors, in accordance with Exhibits A through F
attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps,
[19-CPS-01909/1508308/1]
Kase MPUD
P UDZ-PL20180002453
as described in Ordinance Number 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 super-majority vote of the Board of County
•
Commissioners of Collier County, Florida, this at&•Y\ day of F jct..Q.c), 2020.
ATTEST: : ;, BOARD OF COUNTY COMMISSIONERS
CR`YST4 1. KI•NZEL, CLERK COLLIER COUNTY, FLORIDA
By: SOC- , By:
-, St as tb y Clerk Burt L. Saunders, Chairman
tignAtillgti
Approv-ai as to form and legality:
A.o
Sally A. Ashkar
Assistant County Attorney \\()t��
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC
Exhibit F: Developer Commitments
This ordinance filed with the
a$ecr tory of 5 ale's fti�j e�ii e
day of _+G�U7.�
and acknowledaem ;i„c�{� that
filirc recei ed t pis ��
g
of ay
By
[19-CPS-01909/1508308/1] owur,`��
Kase MPUD
PUDZ-PL20180002453
EXHIBIT A
LIST OF PERMITTED USES
Regulations for development of the KASE Mixed Use Planned Unit Development (MPUD) shall be in accordance with the
contents of this document and all applicable sections of the Growth Management Plan (GMP), the Land Development
Code (LDC), and the Administrative Code in effect at the time of approval of the first Site Development Plan (SDP) or plat.
Where the PUD ordinance does not provide development standards,then the provision of the specific sections of the LDC
that are otherwise applicable shall apply.
PERMITTED USES:
A maximum of 76 residential dwelling units or 212 group housing units for seniors shall be permitted within this MPUD.
The FAR established by this MPUD shall govern group housing units. 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:
1. Residential Dwelling Units
a. Detached single family;
b. Attached single family and townhouse;
c. Two-family and zero lot line;
d. Multi-family;
2. Group Housing for seniors including assisted living, continuing care retirement communities, skilled nursing,
memory care and independent living facilities all with FAR up to 0.45; pursuant to§429 F.S.
3. Amenity Area
a. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests.
b. Community administrative and recreation facilities.Outdoor recreation facilities such as a community
swimming pool, tennis/pickleball courts and basketball courts, parks, playgrounds,
pedestrian/bikeways and passive and/or active water features (private intended for use by the
residents and their guests only).
c. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways,
landscape nurseries, gazebos, picnic areas, fitness trails and shelters to serve residents and their
guests.
d. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for
use by the residents and their guests only).
4. Any other use which is comparable in nature with the foregoing uses, as determined by the Board of Zoning
Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not
limited to:
1. Garages and/or carports
2. Guardhouses,gatehouses and access control structures
3. Amenity Area
a. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests.
b. Community administrative and recreation facilities. Outdoor recreation facilities such as a
community swimming pool, tennis/pickleball courts and basketball courts, parks,
playgrounds,pedestrian/bikeways and passive and/or active water features(private intended
for use by the residents and their guests only).
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KASE MPUD
PL20180002453 January 15,2020
c. Open space uses and structures such as, but not limited to, boardwalks, nature trails,
bikeways, landscape nurseries, gazebos, picnic areas, fitness trails and shelters to serve
residents and their guests.
d. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private,
intended for use by the residents and their guests only).
4. Indoor facilities customarily associated with group housing for seniors such as rehabilitation rooms, dining
rooms, beauty shop, medical support facilities and offices, media and exercise rooms, and personnel service
areas.
5. Model homes and model home centers including sales trailers and offices for project administration,
construction,sales and marketing.
6. Temporary construction,sales and administrative offices for the developer and developer's authorized agents,
including necessary access ways, parking ways and related uses, subject to the procedures for a temporary
use permit provided in the LDC.
7. Any other use which is comparable in nature with the foregoing uses, as determined by the Board of Zoning
Appeals(BZA) or the Hearing Examiner by the process outlined in the LDC.
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KASE MPUD
PL20180002453 January 15,2020
EXHIBIT B
LIST OF DEVELOPMENT STANDARDS
The standards for land use within the development shall be as stated in these development standard tables. 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.
TABLE I
DEVELOPMENT STANDARDS
DEVELOPMENT DETACHED ATTACHED SINGLE TWO-FAMILY& MULTI- GROUP HOUSING
STANDARDS SINGLE FAMILY& ZERO LOT LINE FAMILY AMENITY AREA
FAMILY TOWNHOUSE
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 6,000 SF 5,500 SF per unit 1,200 SF per N/A N/A 10,000 SF
unit
MINIMUM LOT WIDTH 50 feet 100 feet 80 feet N/A N/A N/A
MINIMUM FLOOR AREA 1,200 SF 1,000 SF 1,000 SF 750 SF N/A N/A
MINIMUM FRONT 20 feet 20 feet 20 feet 30 feet 30 feet 20 feet
YARD
MINIMUM SIDE YARD 5 feet 0/10 feet(1) 0/5 feet(1) 15 feet 15 feet 10 feet
MINIMUM REAR YARD 20 feet 20 feet 20 feet 30 feet 30 feet 20 feet
MINIMUM PRESERVE 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet
SETBACK
North&East:
MINIMUM PUD 15 feet 15 feet 15 feet 15 feet 15 feet 100 feet
SETBACK South& West:
35 feet
MINIMUM DISTANCE
BETWEEN STRUCTURES 10 feet 20 feet 10 feet 15 feet 15 feet 15 feet
Maximum Height
Zoned 30 feet 30 feet 30 feet 40 feet 40 feet 30 feet
Actual 35 feet 35 feet 35 feet 47 feet 47 feet 35 feet
(Not to exceed (Not to exceed
3 stories) 3 stories)
ACCESSORY STRUCTURES
MINIMUM FRONT 20 feet 20 feet 20 feet 30 feet 30 feet 20 feet
MINIMUM SIDE 5 feet 0/10 feet(1) 0/5 feet Ill 10 feet 10 feet 10 feet
MINIMUM REAR 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet
MINIMUM PRESERVE 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet
SETBACK
•
MAXIMUM HEIGHT
ZONED 30 feet 30 feet 30 feet 35 feet 35 feet 30 feet
ACTUAL 35 feet 35 feet 35 feet 40 feet 40 feet 35 feet
BH = Building Height
(1) Must be at least 10 feet between structures.
Page 3 of 10
KASE MPUD
P120180002453 January 15,2020
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EXHIBIT D
LEGAL DESCRIPTION
THE NORTH 1/2 OF THE NORTHWEST'/OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4; AND THE NORTH 1/2
OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST%OF THE NORTHWEST''/,SECTION 30,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
THE ABOVE DESCRIBES AN AREA OF APPROXIMATELY 330,124 SQUARE FEET OR 7.58 ACRES OF LAND.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
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PL20180002453 January 15,2020
•
EXHIBIT E
LIST OF DEVIATIONS
There are no deviations included in this MPUD.
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EXHIBIT F
LIST OF DEVELOPMENT COMMITMENTS
PURPOSE:
The purposed of this Section is to set forth the development commitments for the development of this
project.
1. GENERAL:
A. One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-
out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments
until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Andrew J.
Saluan. 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 berelieved
of its responsibility under this Section. When the PUD is closed-out, then the Managing Entity is
no longer responsible for the monitoring and fulfillment of PUD commitments.
B. 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." (Section 125.022, FS)
C. All other applicable state or federal permits must be obtained before commencement of the
development.
2. COMPATIBILITY:
A. The development will be compatible with, and complementary to, surrounding developed and
undeveloped land uses, and their respective accessory uses, adhering to the development
standards set forth herein.
3. LANDSCAPING:
A. Preserve areas 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 materials shall be in accordance with LDC Section 3.05.07.
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PL20180002453 January 15,2020
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4. TRANSPORTATION:
A. This PUD is limited to 78 two-way, PM peak hour 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. If developed with group housing, the Developer shall provide a minimum of one (1) of the
following prior to issuance of certificates of occupancy:
1. Offering preferential parking for carpools and vanpools that is expected to increase the
average vehicle occupancy for work trips generated by the development.
2. Offering flexible work schedules that are expected to reduce peak hour automobile work trips
generated by the development.
3. Coordination with Collier County Transit to provide a transit stop/shelter within the
development if needed.
4. Vehicular interconnection to the abutting property to the north, approved as the Eboli PUD.
C. If developed with residential, the Developer shall provide a minimum of one (1) of the following
prior to issuance of certificates of occupancy:
1. Bicycle and pedestrian facilities.
2. Vehicular interconnection to the abutting property to the north,approved as the Eboli PUD.
5. ENVIRONMENTAL:
A. The preservation requirement shall be 15% of the existing native vegetation on-site. (1.09 acres
native x 15%=0.16 acres required)
B. The Developer shall adhere to the Florida Fish and Wildlife Conservation Commission Black Bear
Management Plan, as applicable. Any available Fish and Wildlife Conservation Commission
informational material available at time of development will be distributed to residents/tenants
and construction maintenance personnel. The project will utilize bear-proof dumpsters in
locations to be determined at the time of first development order.
6. PLANNING:
A. Group housing for seniors uses shall provide the following services and/or be subject to the
following operation standards:
1. The facility shall be for residents 55 years of age and older;
2. There shall be on-site dining facilities to the residents, with food service being on-site, or
catered;
3. Group transportation services shall be provided for the residents for the purposes of grocery
or other types of shopping. Individual transportation services shall be coordinated for the
residents' needs, included but not limited to medical office visits;
4. There shall be an onsite manager/activities coordinator to assist residents who shall be
responsible for planning and coordinating stimulating activities for the residents
5. An onsite wellness facility shall provide exercise and general fitness opportunities for the
residents;
6. Each unit shall be equipped with devices provided to notify emergency service providers in
the event of a medical or other emergency;
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PL20180002453 January 15,2020
7. Independent living units shall be designed so that a resident is able to age in place. For
example, kitchens may be easily retrofitted by lowering the sink to accommodate a
wheelchair bound resident or bathrooms may be retrofitted by adding grab bars;
8. Group housing for seniors shall be constructed to have a core area to shelter residents and
staff on site in the event of a hurricane.The core area will be constructed to meet the Public
Shelter Design Criteria that are required for new public schools and public community colleges
and universities ("State Requirements for Educational Facilities, 2014") and shall be capable
of ventilation or air conditioning provided by back-up generator for a period of no less than
96 hours.
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
March 2, 2020
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-09, which was filed in this office on March 2, 2020.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fLus