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Ordinance 2021-33 ORDINANCE NO. 2021 - 33 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 RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS SOLUNA RPUD, TO ALLOW CONSTRUCTION OF UP TO 108 DWELLING UNITS ON PROPERTY LOCATED SOUTHWEST OF THE INTERSECTION OF TREE FARM ROAD AND MASSEY STREET, IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, CONSISTING OF 18.5± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000093] WHEREAS, Kenrick Gallander, AICP of RWA, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, PA, representing D.R. Horton, 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from Rural Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) for a 18.5± acre project to be known as Soluna RPUD, to allow construction of a maximum of 108 dwelling units in accordance with Exhibits A through F attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. [21-CPS-02084/1660767/1]71 Soluna/PL20210000093 Page 1 of 2 8/23/21 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 .. S111 day of f-I-e,-y.1 L(,Y'` 2021. ATTEST: BOARD 0 COUNTY COMMISSIONERS CRYSTAL K.KINZEL, CLERK COLLIE' jor TY, FLO' : 0 By: i U .- By: 014419 / f Attesifas to Chi � e ty Clerk Penny Taylor, Chairman signat Prot IXA; .; Approved as to form and legality: iA CI / 'Z-� �Nk1-y' H idi F. Ashton-Cicko Managing Assistant County Attorney Attachments: 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 This ordinance filed with t11 . ISg ptary of ito �rJt�fire =i. �G_-_day of OL 1W -_--- - I and acknowledgern t f 'that fir • :ce' -• tisday .By 1[4? [21-CPS-02084/1660767/1171 Soluna/PL20210000093 Page 2 of 2 8/23/21 EXHIBIT A LIST OF PERMITTED USES SOLUNA RPUD A Residential Planned Unit Development PERMITTED USES: A maximum of 108 dwelling units shall be permitted in this PUD. 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:TRACT R A. Principal Uses: 1. Dwelling Units: • • Detached single family • Attached single family&townhouses • Two family,zero lot line • Multi-family 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal 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. Customary accessory uses associated with the principal uses permitted in this RPUD,including but not limited to garages, carports, swimming pools, spas, screen enclosures and utility buildings and infrastructure. 2. Walls, berms,signage (including boundary marker signage), and development excavations. 3. Gatehouses, and access control structures. 4. Recreational uses and facilities including swimming pools for residents and their guests. 5. Model homes and model home centers including sales trailers and offices for project administration, construction,sales and marketing. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails,gazebos and picnic areas. . Page 1 of 11 Soluna RPUD Revised: August 20,2021 PL20210000093 7. Any other accessory use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA) or the Hearing Examiner by the process outlined in the LDC. AMENTIY AREA: TRACT AA A. Principal Uses: 1. Clubhouses with cafes, snack bars and similar uses intended to serve residents and guests. 2. Community administrative and recreation facilities. Outdoor recreation facilities, such as a community swimming pool, tennis/pickle ball courts and basketball courts, parks, dog parks, playgrounds, pedestrian/bikeways, and passive and/or active water features (private intended for use by the residents and their guests only). 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. 4. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (private, intended for use by the residents and their guests only). B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 2. Walls, berms,signage (including boundary marker signage), and development excavation. 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 FLOODPLAIN COMPENSATION:TRACT F A. Principal Use: 1. Open Space B. Accessory Uses: 1. Nature trails and boardwalks that do not reduce the amount of required compensation area to be utilized and does not alter the designed ground elevation. 2. Mitigation for environmental permitting. 3. Passive Recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. Page 2 of 11 Soluna RPUD Revised: August 20,2021 PL20210000093 PRESERVE:TRACT P A. Principal Use: 1. Preserve B. Accessory Uses: 1. Nature trails and boardwalks that do not reduce the amount of required preserve area to be retained. 2. Mitigation for environmental permitting. 3. Passive Recreation areas, per LDC requirements. 4. Water management as allowed by the LDC. Page 3 of 11 Soluna RPUD Revised: August 20,2021 PL20210000093 EXHIBIT B LIST OF DEVELOPMENT STANDARDS SOLUNA RPUD A Residential Planned Unit Development Table 1 below sets forth the development standards for the land uses within the Soluna RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the Site Development Plan (SDP),Site Development Plan Amendment(SDPA) or Plat. TABLE 1 RESIDENTIAL DEVELOPMENT STANDARDS DETACHED ATTACHED DEVELOPMENT STANDARDS SINGLE SINGLE FAMILY TWO-FAMILY, MULTI- AMENITY AREA FAMILY & ZERO LOT LINE FAMILY TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,000SFPER 1,800 SF PER UNIT UNIT 1,800 SF PER UNIT 1 ACRE 10,000 SF MINIMUM LOT WIDTH 40 Ft 20 Ft 40 Ft 100 Ft 100 Ft MINIMUM FLOOR AREA 1,000 SF 1,000 SF 1,000 SF 1,000 SF 700 Ft MINIMUM FRONT YARD 23 Ft(1) 23 Ft(1) 23 Ft(1) 23 Ft(1) N/A MINIMUM SIDE YARD 5 Ft 0 OR 5 Ft(2) 0 OR 5 Ft(2) 0 0R 5 Ft N/A MINIMUM REAR YARD 10 Ft 10 Ft 10 Ft 10 Ft N/A MINIMUM PUD PERIMETER 30 Ft 30 Ft 30 Ft 30 Ft N/A SETBACK MINIMUM PRESERVE SETBACK 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft MINIMUM DISTANCE BETWEEN 10 Ft 10 Ft 10 Ft 20 Ft 10 Ft STRUCTURES) MAXIMUM HEIGHT ZONED(not to exceed 2 stories) 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft ACTUAL(not to exceed 2 stories) 40 Ft 40 Ft 40 Ft 40 Ft 40 Ft Page 4 of 11 Soluna RPUD Revised: August 20,2021 PL20210000093 ACCESSORY STRUCTURES MINIMUM FRONT S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. MINIMUM SIDE S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. MINIMUM REAR 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft MINIMUM PRESERVE SETBACK 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft MINIMUM PUD SETBACK 15 Ft 15 Ft 15 Ft 15 Ft 15 Ft MAXIMUM HEIGHT ZONED(not to exceed 2 stories) 30 Ft 30 Ft 30 Ft 30 Ft 30 Ft ACTUAL(not to exceed 2 stories) 40 Ft 40 Ft 40 Ft 40 Ft 40 Ft NOTES: • S.P.S. =Same as Principal Structures • GENERAL: Except as provided herein, all criteria set forth below shall be understood to be in relation to individual parcel or boundary lines, or between structures. If required, landscape buffers and lake maintenance easements shall be platted as separate tracts at time of SDP or Plat approval. • Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. FOOTNOTES: (i) The 23-foot setback shall apply to any front entry garage and shall be measured from the adjacent sidewalk.All other front yard setbacks shall be as follows: Where side entry garages are provided,the driveway shall be designed in such a manner that a parked vehicle shall not conflict with the sidewalk; however, in no case shall the front setback for the side entry garage be less than 10 feet. All other portions of this principal structure except as noted later in this paragraph,whether designed with a front entry or side entry garage, shall be set back a minimum of 20 feet front the front yard property line, except where a lot is located at the intersection of two streets, in which case the front yard setback set forth herein shall only apply to the street on which the driveway is located, and the other setback abutting the right-of-way shall be a minimum of 10 feet from the front yard property line.The setback for porches,entry features and roofed courtyard elements shall be a minimum of 15 feet; except that it shall be a minimum of 5 feet on corner lots for the yard which does not contain a driveway vehicle access. Any structures,including overhangs,shall not encroach into a PUE or CUE. (2) 5-foot minimum setback for single-family attached, townhouse, two-family and zero lot line must be accompanied by another 5-foot side setback on adjoining lot to achieve minimum 10-foot separation. Page 5 of 11 Soluna RPUD Revised: August 20,2021 PL20210000093 8 ,e/b .a 296991/F99L 93 uonev WIn to salea9yaJ eP+oN .„ ,>,+.,. e„_yn,,0,.,,,„ NVId 2131SVW-D 1191HX3 0LS&L6S(XXI)XVI SL50-L65(6FZ) l 4 - 601PE101016V*N. /OOZel!VS'1010 X+ee V0IIIM Q)99 uu 9 ThceNwa a g I onda VNnlos +,X„„, " 1 - NOlaOH aO 111110 _ .8 V:10I81S10 ONINOZ P 1VI1N301S31:1 A1IWV3 310NIS:3Sl 1N3aal0 ILI a w z • 133a1S A3SSVW m _ w Q N CCy Z W \'•r •. ' CI Z m Q I- a O ,f•(` . zWQ'Y�p N' f _ Z W OZ Q Oa UiC© o'• � � a � C co?w co Z Ag >~3a v O W0N J ¢ 01 f, w3313rr • • • wN OE Wa' aOWC-z WO 00 W mSY 2wa • W O d COQ a s 0 ¢W g a¢¢ Y �f ia: o0a Cn 1 4, 1 Q LLJa¢¢ Lim 'f'... H Z Nam .F.' aoQ ;� Ea W t 0)b f t L- zo .f z' 1 -- -- -� ce •; / a lala • • " /— -- Q ULu JNK CC W C) z1. 0. D Jrt v � w 1 1 I 9^ 01- Q N av DN J Qv¢I W H-I n -W re I oo zo r \ aLL V, \\ N Z c��LL s ' W Z U p NZ M IN Sao 1- I Qgv Z ' Q Q IIIII0V 2�� CO O¢ W a 9 W,n0O 00 �te Q o 0 ina Z o aw I °o E, b ccL - --____-----____) Ls a I - wvN —ce 1 2Yv Q-u_ WOW_-__ rW 8 Wma Q �m �a 1 J x �o 31 and :j3la1S10 JNINOZ 1VI1N301S3a A1IWVA 31ONIS:3Sf11N3aal0 , , _ _ _ . CM 0 „woa 'lid m>wemH _ P _ (| ; � 1� H m_m��_N« _ | 6 N « / | [ `b §(§ \! 0 ƒ � \ () PO \ \ \ § , \ k E k - § f ( m ) ~' _ - k ■ 2 » § E ° *Z \ 3 & \ / § w ) } ƒ l « § 2 ° - ® e ( w ! Z 0 © /\ \ < ƒ 2 ± ( C 2 § © — < 3 b 5 N I- \ § 0 » � � ƒ� ( 0 § r� I ƒ ^Ir §y. § - R(§ f , » \ ( t ! ow zo 2 )<I �a ! §o -z wz>eb b i 9) )§e§ ([)�11e§ wo ow,z [<z=2>;o } . e ! --!Q§§28 )§ Saz \)K/e«�&L zz / w >< :met 25<8-L-E§ § k< 0 ▪ EI&!r2§ 8§3§§<k;` yG § 9 §§a{)27 W>.wwww. 2 ]> §7 Z <e=zz�§=oz>220 W u � § <LU 0 8:,�2«lwuo zo <w:,,ca20� O. ` [§) = k0J,°�° <! 0 §)o n f 2‹<±-2'o0LuzSw0Dz= u < w S2a0�m##$/®`t�fOW a wz< ow \ § <)i§nce4±m2§q&�®ga W /P, %A ! 0 5wmca=oW wf->e > 0 , ±/)=uaaauz28` xww w )uj§ ww § o ee &&=«=5>m .u_2 — I 2• • co W0 §ce» ) 4 EXHIBIT D LEGAL DESCRIPTION SOLUNA RPUD A Residential Planned Unit Development THE NORTH HALF(N 1/2) OF THE NORTHEAST QUARTER(NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA;SUBJECT TO AN EASEMENT FOR THE PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE NORTH 30 FEET THEREOF AND THE EAST 30 FEET THEREOF. LESS AND EXCEPT THE FOLLOWING DESCRIBED PROPERTY: A TRACT OF PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA, COUNTY OF COLLIER, BEING A PORTION OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST,AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S.02°16'57"E.,ALONG THE EAST LINE OF SAID SECTION 35, FOR 668.96 FEET TO A POINT OF THE SOUTH LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35;THENCE S.89°58'03"W., ALONG SAID SOUTH LINE, FOR 35.03 FEET TO A POINT ON A LINE LYING 35 FEET WESTERLY OF AND PARALLEL TO SAID EAST LINE; THENCE N.02°16'57"W.,ALONG SAID PARALLEL LINE, FOR 388.75 FEET; THENCE N10°08'28"W., FOR 182.84 FEET; THENCE N.41°55'27"W., FOR 47.02 FEET; THENCE N.80°37'49"W., FOR 153.16 FEET TO A POINT ON A LINE LYING 40 FEET SOUTHERLY OF AND PARALLEL TO THE NORTH LINE OF SAID SECTION 35; THENCE S.89°58'31"W.,ALONG SAID PARALLEL LINE, FOR 718.67 FEET; THENCE N.73°11'14"W., FOR 79.40 FEET; THENCE S.89°58'31"W., FOR 57.22 FEET; THENCE S.73°09'14"W., FOR 44.92 FEET; THENCE S.86°54'42"W., FOR 187.12 FEET TO A POINT ON THE WEST LINE OF THE NORTH ONE HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35;THENCE N.02°16'03"W.,ALONG SAID WEST LINE, FOR 40.03 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 35;THENCE N.89°58'31"E.,ALONG SAID NORTH LINE, FOR 1321.91 FEET TO THE POINT OF BEGINNING OF THE HEREIN DESCRIBED PARCEL. CONTAINING 805,839 SQUARE FEET OR 18.50 ACRES, MORE OR LESS. Page 8 of 11 Soluna RPUD Revised: August 20,2021 PL20210000093 EXHIBIT E LIST OF DEVIATIONS SOLUNA RPUD A Residential Planned Unit Development Deviation#1 seeks relief from LDC, Section 6.06.01.N, which requires minimum local street right-of-way width of 60 feet,to allow a 50' right-of-way width for the internal streets that include public utilities. Deviation #2 seeks relief from LDC Section 6.06.01.J which prohibits dead end streets except when designed as a cul-de-sac,to allow dead end street of less than 100 linear feet. Deviation#3 seeks relief from LDC Section 6.06.02.A.2,which requires 5 foot sidewalks within public and private rights-of-ways or easements, which are internal to the site to be on both sides of local/internal accessways (streets),to allow sidewalks to be constructed only on the side of the streets that are directly adjacent to residential units or amenity areas. Deviation #4 seeks relief from LDC Section 5.03.02.C, which permits a maximum wall height of 6' in residential zoning districts,to allow a maximum wall height of 8'along the perimeter of the project where abutting an existing public roadway, and allow a 12'tall wall/berm combination. Deviation#5 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8'and total combined sign area of 64 square feet,to allow for two (2) ground signs at the proposed project entrance with a maximum height of 10' and total combined sign area of 80 square feet. Page 9 of 11 Soluna RPUD Revised: August 20,2021 PL20210000093 EXHIBIT F LIST OF DEVELOPMENT COMMITMENTS SOLUNA RPUD A Residential Planned Unit Development The purpose of this Section is to set forth the development commitments for the development of this project. 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 D.R. Horton, Inc. 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. 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. TRANSPORTATION: The maximum total daily trip generation for the PUD shall not exceed 75 two-way PM peak hour net 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. Page 10 of 11 Soluna RPUD Revised: August 20,2021 PL20210000093 LANDSCAPING: Preserves may be used to satisfy the landscape buffer requirement after exotic vegetation removal in accordance with LDC Section 4.06.02 and 4.06.05.e.1. In the event that the preserve does not satisfy the buffer requirement after removal of exotics, supplemental planting will be provided in accordance with LDC 3.05.07 to meet the buffer requirement. At start of construction,the developer will plant mature trees no less than 16 feet in height on the western boundary of the PUD as part of the required 15 foot landscape buffer in the area that abuts single family homes in the abutting residential community currently known as the Canopy development. The trees will be staggered in relation to the trees in the landscape buffer on the abutting Canopy residential community. The developer will also install a black vinyl chain link fence along the entire western property line that will tie into the existing fence on the abutting Canopy residential community. ENVIRONMENTAL: The project has 9.44+/- acres of native vegetation. A minimum of 15 percent of the existing calculated native vegetation on-site shall be retained.The minimum required preserve for the RPUD is 1.42+/-acres. The project is providing 3.90+/-acres. The Collier County Preserve Management Plan will specify that the potentially occupied gopher tortoise burrows occurring within the development footprint will be excavated and the resident tortoises relocated pursuant to a Florida Fish and Wildlife Conservation Commission (FWC)gopher tortoise permit that will be obtained for the project. Residents will be provided with educational materials concerning preventing nuisance black bears. Both butterfly orchids (E. tampensis) and stiff-leaved wild-pines (T.fasciculata)were observed in various locations across the site. Pursuant to Land Development Code (LDC) Section 3.04.03 if these species are not present within the preserve at the time of development, between two and ten plants of each species (growing within eight feet of natural grade) will be relocated from the development footprint to the on- site preserve prior to the initiation of clearing activities. PUBLIC UTILITIES: Reserved MISCELLANEOUS: Developer will install screens such as decorative fences or shrubs no less than three-feet high around the air conditioning units for all residences in the first row of buildings closest to, and constructed along,the western side of the PUD abutting the Canopy residential community. Page 11 of 11 Soluna RPUD Revised: August 20,2021 PL20210000093 It it ; ILO• FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State October 6, 2021 Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk II Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite #401 Naples, Florida 34112 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. 2021-33, which was filed in this office on October 6, 2021. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270