Ordinance 2022-03 ORDINANCE NO. 2022 - 03
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 AN
ESTATES (E) ZONING DISTRICT TO A RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS CREWS ROAD RPUD, TO ALLOW
CONSTRUCTION OF UP TO 60 TOWNHOMES OR MULTI-
FAMILY DWELLING UNITS ON PROPERTY LOCATED
NORTHEAST OF THE INTERSECTION OF COUNTY BARN AND
WHITAKER ROADS, IN SECTION 8, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, CONSISTING OF 9.96± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE. [PL20210000101]
WHEREAS, Patrick Vanasse, AICP of RWA, Inc. and Richard D. Yovanovich, Esq. of
Coleman, Yovanovich & Koester, PA, representing Toll Southeast LP Company, 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 8,
Township 50 South, Range 26 East, Collier County, Florida, is changed from an Estates (E)
Zoning District to a Residential Planned Unit Development (RPUD) for a 9.96± acre project to
be known as Crews Road RPUD, to allow construction of a maximum of 60 townhomes or
multi-family 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-02107/1655677/1]39
Crews Rd/PL20210000101 Page 1 of 2
12/21/21
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 v2541' day of J G n. 2022.
ATTEST: ^ B/14 `• BOARD OF COUNTY COMMISSIONERS
CRYSTALI(fitINZELFELERK COLLIER COUN. : I RIDA
(.1)AI "111P
By: By: APO
`��•
D ty Cl / ham L. cDaniel Jr., C airman
Attest as to Chairman's
signature Q11 " a y t%1\
Approved as to form and leg lity:
4, [ /
Heidi 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 fi'+.,_. wor,
Secretary of S:t.ae's Of"ic tl
1Sk day of
and ocknow{edgerr,d+t cf
filin received this __.__- day
of ,act- .
By WiDutY Ciar
[21-CPS-02107/1655677/1]39
Crews Rd/PL20210000101 Page 2 of 2
12/21/21
EXHIBIT A
LIST OF PERMITTED USES
CREWS ROAD RPUD
A Residential Planned Unit Development
PERMITTED USES:
Regulations for development of this Crews Road RPUD shall be in accordance with the contents of this
RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the
time of issuance of the SDP or plat. There will be a maximum of 60 dwelling units permitted. Where this
RPUD Ordinance does not provide development standards, then the provisions of the specific sections of
the LDC that are otherwise applicable shall apply.
RESIDENTIAL:TRACT R
A. Principal Uses:
1. Dwelling Units:
• Multi family
• Townhomes
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 and berms.
3. Gatehouses, and access control structures.
4. Recreational uses and facilities including swimming pools for residents and their guests.
Page 1 of 12
Crews Road RPUD December 17,2021
PL20210000101
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.
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 and berms.
3. Any other accessory use,which is comparable in nature with the foregoing uses and consistent
with the permitted accessory uses of this PUD.
Page 2 of 12
Crews Road RPUD December 17,2021
PL20210000101
PRESERVE:TRACT P
A. Principal Uses:
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 12
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PL20210000101
EXHIBIT B
DEVELOPMENT STANDARDS
CREWS ROAD RPUD
A Residential Planned Unit Development
Table 1 below sets forth the development standards for the land uses within the Crews Road 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
DEVELOPMENT STANDARDS TOWNHOUSE(3) MULTI- AMENITY AREA
FAMILY(3)
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 1,800 SF PER UNIT 1 ACRE 10,000 SF
MINIMUM LOT WIDTH 20 Ft 100 Ft 100 Ft
MINIMUM FLOOR AREA 1,000 SF 1,000 SF 700 Ft
MINIMUM FRONT YARD 23 Ft(1) 23 Ft(1) 23 Ft(1)
MINIMUM SIDE YARD 0 OR 5 Ft(2) 10 ft 10 Ft
MINIMUM REAR YARD 10 Ft 10 Ft 10 Ft
MINIMUM PUD SETBACK 20 Ft 20 Ft 20 Ft
MINIMUM PRESERVE SETBACK 25 Ft 25 Ft 25 Ft
MINIMUM DISTANCE BETWEEN 10 Ft 10 Ft 10 Ft
STRUCTURES
MAXIMUM HEIGHT
ZONED(not to exceed 2 stories) 30 Ft 30 Ft 30 Ft
ACTUAL(not to exceed 2 stories) 40 Ft 40 Ft 40 Ft
ACCESSORY STRUCTURES
MINIMUM FRONT 20 Ft 20 Ft 20 Ft
MINIMUM SIDE 0 Ft 10 Ft 10 Ft
MINIMUM REAR 5 Ft 5 Ft 5 Ft
MINIMUM PRESERVE SETBACK 10 Ft 10 Ft 10 Ft
MINIMUM PUD SETBACK 20 Ft 20 Ft 20 Ft
MAXIMUM HEIGHT
ZONED (not to exceed 2
stories) 25 Ft 25 Ft 25 Ft
ACTUAL(not to exceed 2 30 Ft 30 Ft 30 Ft
stories)
Page 4 of 12
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PL20210000101
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 Plat
approval or shown as separate tracts on the SDP.
• 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:
(.) 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 from the property line or road easement.
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 or road easement,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 side setback shall apply to the other side.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 townhouses must be accompanied by another 5-foot side
setback on adjoining lot to achieve minimum 10-foot separation.
(3) All landscape buffer easements and/or lake maintenance easements shall be located within
open space or lake tracts, and not within a residential lot.
Page 5 of 12
Crews Road RPUD December 17,2021
PL20210000101
EXHIBIT C
CURRENT USE:SINGLE FAMILY RESIDENTIAL
ZONING DISTRICT:ESTATES(E)
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Page 7 of 12
Crews Road RPUD December 17,2021
PL20210000101
EXHIBIT D
LEGAL DESCRIPTION
CREWS ROAD RPUD
A Residential Planned Unit Development
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 8,
TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE WESTERLY 50 FEET FOR
ROAD RIGHT OF WAY, ALSO KNOWN AS ISLAND PINE PUD. IT CONTAINS 433,870 SQARE FEET OR 9.96
ACRES, MORE OR LESS.
Page 8 of 12
Crews Road RPUD December 17,2021
PL20210000101
EXHIBIT E
LIST OF DEVIATIONS
CREWS ROAD 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 55' right-of-way.
Deviation #2 seeks relief from LDC Section 4.05.01.A, which requires every building and use to provide
off-street parking, to allow limited on-street parking associated with the recreation area, and
overflow/guest parking abutting tract AA on the master plan, and as depicted on the attached On-Street
Parking Exhibit for tract AA (See Exhibit G) if the RPUD is a platted subdivision. No on-street parking is
allowed in the Crews Road Easement.
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 no sidewalk to be constructed along the west side of the internal
north/south road (hammerhead).
Page 9 of 12
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EXHIBIT F
LIST OF DEVELOPMENT COMMITMENTS
CREWS ROAD 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 Toll Southeast LP
Company, 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. In order to exceed 4.0 dwelling units per acre,the developer will have to obtain TDRs per the Growth
Management Plan's Density Rating System. To allow the maximum density of 60 dwelling units, 7
TDRs will be needed.
MISCELLANEOUS:
A. Issuance of a development permit by a county does not in any way create any rights on the part of
the applicant to obtain a permit from a state or federal agency and does not create any liability on
the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals
or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a
violation of state or federal law." (Section 125.022, FS)
B. 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 37 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.
LANDSCAPING:
Preserves may be used to satisfy the landscape buffer requirement after exotic removal in accordance
with LDC Section 4.06.02 and 4.06.05.E.1. Supplemental plantings with native plant materials shall be in
accordance with LDC Section 3.05.07. A minimum 6-foot-wide landscape buffer easement located outside
of the preserve will be conveyed to the homeowner's association or condominium association at time of
SDP or Plat approval. In the event that the preserve does not meet the buffer requirement after removal
of exotics and addition of supplemental plantings in accordance with 3.05.07, landscape material will be
provided by owner in the 6'-wide landscape buffer easement outside of the preserve to meet the size and
Page 10 of 12
Crews Road RPUD December 17,2021
PL20210000101
spacing standards of a Type 'B' Buffer. Size and number of such plantings will be determined at time of
SDP or Plat.
ENVIRONMENTAL:
A. The project has 9.08+/- acres of existing native vegetation (not inclusive of the Crews Road
Easement). A minimum of 15 percent of the existing calculated native vegetation on-site shall be
retained.The minimum required native vegetation for the RPUD is 1.36+/-acres.
B. A management plan for the Florida Black Bear shall be submitted for review and approval at the
time of plat or SDP for the project, whichever is applicable.
C. The 1.62 acre portion of the preserve that will serve as floodplain compensation will be restored
per LDC Section 3.05.07.H.
D. The preserve will be used to satisfy environmental permitting associated with floodplain
compensation. Any portion of the preserve area impacted to address floodplain compensation will
be created and restored as allowed by either the LDC, County Ordinances, or adopted preserve
management plan.
PUBLIC UTILITIES:
In accordance with Subsection 2.2.2 of the Design Criteria (Section 1 of the Utilities Standards Manual),
the developer will extend a water main through the PUD and provide a stub-out at the northeastern
corner of the PUD for future development along Crews Road and for future looping of the water
distribution system.The water main will be a minimum size of 8 inches and will be located in County Utility
Easement dedicated to the Collier County Water-Sewer District (District) by the owner. The CUE will be
shown on any final subdivision plat and will be conveyed in accordance with the Collier County Utilities
Standards and Procedures Ordinance (04-31, as amended) at no cost to the County or District, free and
clear of all liens and encumbrances, prior to or concurrent with final acceptance of utilities.The developer
will provide an in-line gate valve immediately downstream of the last water service connection to allow
for isolation of the water main stub-out and eliminating the need for an automatic flushing device at the
dead end.
Page 11 of 12
Crews Road RPUD December 17,2021
PL20210000101
| �
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Crews Road RPUo December)7.oO21
PL20210000101
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FLORIDA DEPARTMENT Of STATE
,
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
February 1, 2022
Ms. Martha Vergara, BMR& VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, Florida 34112
Dear Ms. Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-03, which was filed in this office on February 1,
2022.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270