Ordinance 2020-022ORDINANCE NO.20 - 2 2
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 WITHIN THE RURAL FRINGE MIXED USE
DISTRICT OVERLAY -RECEIVING LANDS TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR
THE PROJECT TO BE KNOWN AS VENTANA POINTE RPUD, TO
ALLOW CONSTRUCTION OF UP TO 77 DETACHED SINGLE FAMILY
DWELLING UNITS ON PROPERTY LOCATED ON THE SOUTH SIDE
OF IMMOKALEE ROAD, APPROXIMATELY TWO MILES EAST OF
COLLIER BOULEVARD, IN SECTION 25, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, CONSISTING OF 37.62f ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20180002669]
WHEREAS, Robert J. Mulhere, FAICP, of Hole Montes, Inc., representing RJH II, LLC,
and Carole Construction of Naples, Inc., petitioned the Board of County Commissioners of
Collier County, Florida, 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 25,
Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural
(A) Zoning District within the Rural Fringe Mixed Use Overlay -Receiving Lands to a
Residential Planned Unit Development (RPUD) for a 37.62t acre project to be known as
Ventana Pointe RPUD, to allow construction of a maximum of 77 detached single family
dwelling units, in accordance with Exhibits A through F-1 attached hereto and incorporated by
reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number
[I 9-CPS-0 1891/1552885/1] 121
Ventana /PL20180002669 Page I of 2
7/14/20
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 and on
the date that the Growth Management Plan Amendment in Ordinance No. 2020-21 becomes
effective.
PASSED AND DULY ADOPTED by super -majority
vote
of the
Board of County
Commissioners of Collier County, Florida, this day of
,.
/ c
2020.
ATTEST:
CRYSTAL,k. KINZP-L;'CLERK
By: jl
Attest as to Chi
signature only.
Approved as to form and legality:
H idi F. Ashton-Cicko
Managing Assistant County Attorney
k
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
Burt L. Saunders, Chairman
Exhibit A:
List of Permitted Uses
Exhibit B:
Development and Design Standards
Exhibit C:
Master Concept Plan
Exhibit D:
Legal Description
Exhibit E:
Deviations
Exhibit F:
Development Commitments
Exhibit F-1:
Wildlife Prevention and Mitigation Plan
This ordinance filed with the
Secretary of State's Office the
a0day of _ 0-0
and acknowledge ent of that
filinq receiv:d this Skday
of
By
bemty Cle
[19-CPS-01891/1552885/1]121
Ventana /PL20180002669 Page 2 of 2
7/14/20
EXHIBIT A
VENTANA POINTE RPUD
LIST OF PERMITTED USES
I. TRACT R — RESIDENTIAL:
A. Principal Uses
A maximum of 77 residential dwelling units may be developed (approximately
2.05 units per acre). Tract R is +/- 12.46 acres in size and allows the following
types of dwelling units.
1. Single-family detached;
B. Accessory Uses
1. Customary accessory uses and structures to residential units, including carports,
garages, utility and maintenance buildings, hand carwash area, and garbage and
recycling receptacles.
2. Community amenities, including clubhouse, indoor and outdoor recreational
uses and facilities such as swimming pools, tennis courts, pickle ball courts,
bocce ball courts, volleyball courts, walking paths, picnic areas, dog parks,
playgrounds, fitness centers, and community administration. The Amenity is
optional, but if developed it will be in the location depicted on the RPUD
Master Plan.
3. Temporary sales trailers and model units, subject to LDC Section 5.04.05, as
applicable.
4. Entry gates, access control structures, and gatehouses.
5. Stormwater management treatment facilities, lakes, conveyance facilities, and
structures, such as berms, swales, and outfall structures.
C. Methods to Achieve Density
Density shall be achieved as follows:
1. Base Density: 0.20 dwelling units per acre*; and
2. Additional density may be achieved as follows:
a. A density bonus of 0.1 units per gross acre of this RPUD shall be allowed
for preservation of on -site native vegetation exceeding, by at least 10%, the
minimum LDC required native vegetation retention amount. The density
bonuses provided for in LDC Section 2.03.08.A.2.a.(2)(b)ii. shall not be
applicable in this RPUD; or
b. Through the redemption of Transferable Development Rights (TDRs) as set
forth in LDC Section 2.03.07.D.4.; and,
c. For each full TDR credit redeemed pursuant to Paragraph b. above, one
additional dwelling unit shall be granted, if-
(i) The purchaser of the TDR credits enters into a contract to purchase
TDR credits from Sending Lands that have not severed TDRs as of
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the date of the contract and the owner subsequently severs the TDR
credits prior to closing on the sale of the TDR credits; or
(ii) Such TDR credits are granted in accordance with LDC Sections
2.03.07.D.4.c.ii.a) - Environmental Restoration and
Maintenance Bonus credits or from LDC Section 2.03.07.D.4.c.ii.b)
- Conveyance Bonus credits.
Within this Ventana Pointe RPUD, for the purpose of calculating the final total
number of dwelling units, a fractional unit shall be converted upward if one-half or
more of a whole unit, or downward if less than one-half of a whole unit, to the nearest
whole unit value.
II. TRACT P — PRESERVE:
A. Principal Uses
1. Preservation of native habitat.
B. Accessory Uses
1. Uses identified in and subject to the requirements and conditions set forth in
LDC Section 3.05.07.H. l .h., Allowable uses within County required preserves.
II. REQURIED PERIMETER LANDSCAPE BUFFERS:
All perimeter buffers shall be 25 feet in width, at a minimum, and shall provide, at a
minimum, plantings equivalent to a Type `B" Buffer as set forth in LDC Section
4.06.02.C.2. The Preserve Tract 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. The east and south perimeter buffers may include a 5' wide
sidewalk. As part of the initial subdivision plat, the developer/owner shall either
convey six foot wide sidewalk easements to Collier County without County
responsibility of maintenance, in a form acceptable to Collier County, and install the
sidewalks at the developer/owner's sole expense as part of the initial subdivision plan
improvements or alternatively make a payment -in -lieu as provided for in LDC
Section 6.06.02.D. The six -foot -wide easement may be located within the east and
south perimeter buffers, at developer's discretion.
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EXHIBIT B
VENTANA POINTE RPUD
DEVELOPMENT AND DESIGN STANDARDS
DEVELOPMENTSTANDARDS
SETBACKS FROM PUD PERIMETER BOUNDARY
FROM IMMOKLAEE RD.
50 FEET
FROM EAST PERIMETER
25 FEET
FROM WEST PERIMETER
25 FEET
FROM SOUTH
PERIMETER
25 FEET
SINGLE FAMILY
DETACHED
CLUBHOUSE/AMENITY CENTER
STRUCTURES
INDIVIDUAL LOTS/PARCELS
PRINCIPAL STRUCTURES
MINIMUM LOT SIZE
5,500 S.F.
5,500 S.F.
MAXIMUM LOT SIZE
10,000 S.F.
N/A
MINIMUM LOT WIDTH
50 FEET
50 FEET
MINIMUM FLOOR AREA
1,200 S.F.
N/A
MIN. FRONT YARD'
20 FEET
20 FEET
MIN. SIDE YARD
5 FEET
10 FEET
MIN. REAR YARD2,'
10 FEET
10 FEET
MIN. PRESERVE
SETBACK'
25 FEET'
N/A
MIN. DISTANCE
BETWEEN STRUCTURES
10 FEET
N/A
MAX. BUILDING HEIGHT
-ZONED
2 STORIES NTE 35 FEET
35 FEET
MAXIMUM BUILDING
HEIGHT - ACTUAL
42 FEET
42 FEET
ACCESSORY STRUCTURES
MIN. FRONT YARD
SPS
SPS
MIN. SIDE YARD
SPS
5 FEET
MIN. REAR YARD2,1• 4
5 FEET
SPS
MIN. PRESERVE
SETBACK'
10 FEET'
N/A
MAX. HEIGHT
ZONED & ACTUAL
SPS
N/A
S.P.S. = Same as Principal Structures; NTE = Not to Exceed; S.F. = Square Feet; B.H. = Building Height
Footnotes:
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I Lots fronting on two streets shall provide a front yard setback along the street on which the entrance is located, and a side
yard setback along the other street frontage. Front entry garages shall be at least 23 feet from back of sidewalk. Where side -
entry garages are provided, the driveway side shall be designed so that a parked vehicle shall not conflict with the sidewalk;
however, in no case shall the side yard setback along a street frontage be less than 10'. Porches, entry features, and roofed
courtyards may be reduced to 15'.
2 Zero feet if adjacent to a landscape buffer or lake maintenance easement, both of which shall be platted as separate tracts at
time of subdivision plat or SDP approval.
3 With the use of a structural barrier, as permitted by the applicable state or federal jurisdictional agency, the setback from a
Preserve may be reduced by 50 percent and may be met entirely within the 15' wide open spaces strip adjacent to the Preserve
depicted on the PUD Master Plan. The preserve setback shall be noted on the plat with a refences to the limitations of this
footnote. No structures or other improvements, other than landscaping and/or stormwater management facilities, including
conveyance facilities, and structures, such as berms, swales, and outfall structure, shall be permitted within any portion of the
Preserve setback that is included in any platted lot.
4 The accessory structure setback for lots abutting a 25-foot wide perimeter landscape buffer may be reduced to 0'.
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EXHIBIT D
VENTANA POINTE RPUD
LEGAL DESCRIPTION
THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, EXCEPTING THE NORTH 100
FEET THEREOF PREVIOUSLY CONVEYED FOR ROAD RIGHT OF WAY AND SUBJECT
TO AN EASEMENT FOR PUBLIC ROAD RIGHT OF WAY OVER AND ACROSS THE EAST
30 FEET THEREOF, COLLIER COUNTY, FLORIDA.
AND
THE EAST HALF OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, SUBJECT TO AN EASEMENT
FOR PUBLIC ROAD RIGHT OF WAY OVER AND ACROSS THE EAST 30 FEET THEREOF
AND THE SOUTH 30 FEET THEREOF, COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT LANDS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R.
BOOK 3292, PAGE 141, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PORTION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 25, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE
NORTHEAST CORNER OF SAID SECTION 25; THENCE S02°00'39" EAST, ALONG THE
EASTERLY LINE OF SAID SECTION 25, FOR A DISTANCE OF 100.06 FEET, TO A POINT
ON THE SOUTHERLY RIGHT-OF-WAY OF STATE ROAD 4846 AND TO THE POINT OF
BEGINNING OF THE HEREIN DESCRIBED PARCEL; THENCE CONTINUING SOUTH
02000'39" EAST, ALONG SAID EASTERLY LINE, FOR A DISTANCE OF 82.52 FEET;
THENCE SOUTH 88034'44" WEST, FOR A DISTANCE OF 252.13 FEET; THENCE NORTH
89-58'11" WEST, FOR A DISTANCE OF 91.44 FEET; THENCE NORTH 00'01'49" EAST,
FOR A DISTANCE OF 9.85 FEET; THENCE NORTH 89058'11" WEST, FOR A DISTANCE
OF 316.80 FEET; THENCE NORTH 02002'52" WEST, FOR A DISTANCE OF 79.06 FEET, TO
A POINT ON THE SAID SOUTH RIGHT-OF-WAY LINE; THENCE SOUTH 89058'12" EAST,
ALONG SAID SOUTH RIGHT-OF-WAY LINE, FOR A DISTANCE OF 660.22 FEET TO THE
POINT OF BEGINNING.
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EXHIBIT E
VENTANA POINTE RPUD
DEVIATIONS
Deviation #1 requests relief from LDC Section 6.06.0l .J which prohibits dead-end streets except
when designed as a cul-de-sac and limits the length of a cul-de-sac to a maximum of 1,000 feet,
to allow for an internal roadway that culminates in a modified "T" design and which measures
2,425 feet from the entry gate to the modified "T" cul-de-sac design.
Deviation #2 requests relief from LDC Section 6.06.01.N Street System Requirements, which
requires a minimum right-of-way width of 60 feet for local roads to allow a width of 50 feet for
private roadways within the Ventana Pointe RPUD.
Deviation #3 requests relief from LDC Section 6.06.012.A.1 which requires sidewalks on both
side of a local street, to instead allow sidewalk on only one side of a local private street where a
development is located on only one side of the local private street.
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EXHIBIT F
VENTANA POINTE RPUD
DEVELOPMENT COMMITMENTS
1. PLANNING
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD
monitoring until close-out of the PUD, and this entity shall also be responsible for
satisfying all PUD commitments until close-out of the RPUD. At the time of this
PUD approval, the Managing Entity is RJH II, LLC. Should the Managing Entity
desire to transfer the monitoring and commitments to a successor entity, then it
must provide a copy of a legally binding document, 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
RPUD by the new owner and the new owner's agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity will not be
relieved of its responsibility under this Section. When the RPUD 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.
C. All other applicable state or federal permits must be obtained before
commencement of the development.
2. ENVIRONMENTAL
A. The Ventana RPUD shall preserve a minimum of 9.63 acres on -site, which is 25.5%
of 35.74 acres (which excludes 1.88 of ROW easement for Richards Street and
Sundance Street).
B. The Developer shall adhere to the Florida Fish and Wildlife Conservation
Commission Black Bear Management Plan, as applicable. The informational
brochure created by the Florida Fish and Wildlife Conservation Commission
(FWCC) and titled "A Guide to Living in Bear County" will be distributed to future
homeowners and construction/maintenance personnel. Residents will be provided
with information on how to secure their garbage containers to discourage bears
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from foraging in trash receptacles and the project will utilize bear -proof dumpsters
in locations to be determined at the time of Site Development Plan (SDP) approval.
C. The Preserve may be used to satisfy the landscape buffer requirements, after exotic
removal in accordance with LDC Sections 4.06.02 and 4.06.05.E.1. Where the
preserve is used to meet that requirement, and in the event the preserve does not
meet buffer requirements after removal of exotic vegetation, supplemental
plantings shall be required to be installed within the preserve or within the adjacent
15 foot wide Open Space Tract depicted on the PUD Master plan. The type, size
and number of such plantings, if necessary, will be determined at time of initial
plat.
3. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 79 two-way PM
peak hour net external 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.
4. UTILITIES
A. The Owner shall provide 8" water main stub -outs for future water distribution system
connections at the eastern and western limits of the southernmost internal road right-
of-way and shall convey County Utility Easements (CUE) to the Collier County Water -
Sewer District (District) for each stub -out. The CUEs shall be 15 feet in width and shall
extend to the PUD boundary. The CUEs shall be shown on any final subdivision plat
and shall be conveyed in accordance with the Collier County Utilities Standards and
Procedures Ordinance at no cost to the County or District, free and clear of all liens
and encumbrances, prior to or concurrent with preliminary acceptance of utilities.
5. WILDFIRE PREVENTION AND MITIGATION
A. Project Structural Design and Materials
1. Roofs shall be constructed using Class A asphalt/fiberglass shingles, sheet metal,
terra cotta tile and concrete.
2. Soffits shall be made of non-combustible material or (minimum) %2-inch nominal
wood sheathing.
3. No window opening shall exceed 40 square feet and double -paned glass, or
tempered glass shall be utilized.
B. Location/Defensible Space
1. A minimum 25 feet of "Defensible Space" shall be maintained around principal
structures as depicted on Exhibit "F-1". The Defensible Area may include yards,
green space, landscape buffers, and sidewalks, driveways or roadways, and
customary accessory uses and structures such as pools, pool decks, lanais, and so
forth.
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2. Within this Defensible Area:
i. Vegetation shall be thinned and maintained to eliminate vegetated or "ladder
fuels" and tree crowns shall be a minimum of 10 feet apart.
ii. Trees shall maintain so that branches are 6 to 10 feet from the ground.
iii. Trees shall be selected that will have or can be maintained at a maximum
canopy spread of 20' at maturity, in order to prevent roof overhang;
iv. The less -flammable trees and shrubs listed below shall be utilized within the
defensible area. Other trees and shrubs not listed below may be utilized if
approved by Collier County and the Florida Fire Service Florida Forest
Service, Department of Agriculture and Consumer Services.
Trees
Ash
Magnolia
Hophornbeam
Sweet Acacia
Citrus
Maple
Pecan
Silver Button
Crape Myrtle
Redbud
Willow
Tabebuia
Dogwood
Sycamore
Basswood
Gumbo -Limbo
Jacaranda
Viburnum
Red Mulberry
Red Bay
Loquat
Plum
Winged Elm
Green Button
Oaks
Sweet Gum
Catalpa
Mahogany
Peach
Persimmon
Satan Leaf
Hawthorne
Black Cherry
Blue Beech
Pigeon Plum
Elm
Sparkleberry
Sea Grape
River Birch
Queen Palm
Pindo Palm
Alexander Palm
Pygmy Date Palm
Sago/King Sage Palm
Shrubs
Agave
Philodendron
Century Plant
Aloe
Pittosporum
Coontie
Azalea
Red Yucca
Anise
Viburnum
Beauty Berry
Indian Hawthorne
Hydrangea
Pyracantha
Oakleaf Hydrangea
Oleander
Camellia
V. Lava stone, gravel or other non-flammable materials shall be used in planting beds
within 5 feet of a structure.
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3. At the time of closing, homeowners shall be provided with a copy of these Wildfire
Prevention and Mitigation Plan requirements and informed of responsibility to adhere to
these requirements.
4. The Homeowners Association shall be responsible for these requirements in common areas
and related to common area structures.
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FLORIDA DEPARTMENT 0f STATE
RON DESANTIS
Governor
July 21, 2020
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Attn: Martha Vergara, BMR & VAB Senior Deputy Clerk
Dear Ms. Jennejohn:
LAUREL M.LEE
Secretary of State
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 20-22, which was filed in this office on July 21, 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