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Ordinance 2022-20 ORDINANCE NO. 2022- 20 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 RESIDENTIAL SINGLE-FAMILY-1 (RSF-1) ZONING DISTRICT WITHIN SPECIAL., TREATMENT WELLFIELD ZONES W-3 AND W-4 TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT WITHIN SPECIAL TREATMENT WELLFIELD ZONES W-3 AND W-4 FOR A PROJECT TO BE KNOWN AS PALISADES RPUD TO ALLOW CONSTRUCTION OF UP TO 36 DETACHED SINGLE FAMILY DWELLING UNITS, ON PROPERTY LOCATED ON THE WEST SIDE OF YARBERRY LANE, SOUTH OF ORANGE BLOSSOM DRIVE AND WEST OF AIRPORT PULLING ROAD IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 12+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL20210000979] WHEREAS, John Cowart, of Waldrop Engineering representing Yarberry Partners, LLC, 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 2, Township 49 South, Range 25 East, Collier County, Florida, is changed from a Residential Single-Family-1 (RSF-1) Zoning District within Special Treatment Wellfield Zones W-3 and W-4 to a Residential Planned Unit Development (RPUD) Zoning District within Special [21-CPS-02126/1711911/1]103 Palisades/PL20210000979 Page 1 of 2 4/11/22 Treatment Wellfield Zones W-3 and W-4 for the 12+/- acre project to be known as Palisades RPUD in accordance with Exhibits A-F attached hereto and incorporated herein by reference. 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. 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 :T1-Ph dayof ,(� 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL I ;rKJ,NZEL, CLERK COLLIER CO - •RIDA . ( } 41111.W By: . . `� ' By: G- I ` : .uty Clerk Wi iam L. McDaniel, Jr., Chairman esta$ . . t _ 4 sl�ature onir, Approved as'-to fftih "and legality: C/tiv Ck A Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A: List of Permitted Uses Exhibit B: Development and Design Standards This ordinance fiied with the Exhibit C: Master Concept Plan cy of t ,s Of�'4� t}�e Exhibit D: Legal Description day of ; LUZ and acknowled at Exhibit E: Deviations tern t� Exhibit F: Development Commitments Qf° • ed ' day $y Daautv [21-CPS-02126/1711911/1]103 Palisades/PL20210000979 Page 2 of 2 4/11/22 EXHIBIT "A" LIST OF PERMITTED USES Palisades RPUD Regulations for development of this PUD shall be in accordance with the contents of this document and all applicable sections of the Growth Management Plan (GMD), the Land Development Code (LDC), and the Administrative Code in effect at the time of approval of the first subdivision plat (PPL). 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 36 dwelling units (3 du/acre) 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: I. RESIDENTIAL TRACTS A. Principal Uses: 1. Single-family detached dwelling units. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC). B. Accessory Uses: Accessory uses customarily associated with Permitted Principal Uses, including but not limited to: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Temporary sales trailers and model units. 3. Essential services, including interim and permanent utility and maintenance facilities. 4. Water management facilities. 5. Walls, berms and signs. 6. Passive open space uses and structures, including, but not limited to landscaped areas, gazebos, park benches, and walking trails. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process outlined in the Land Development Code (LDC). Palisades RPUD Last Revised:April 11, 2022 Page 1 of 10 EXHIBIT "B" DEVELOPMENT STANDARDS Palisades RPUD The standards for land uses 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 subdivision plat (PPL). Guardhouses, gatehouses, access control structures, clock towers, columns, decorative hardscaping or architectural embellishments associated with the project's entrance are permitted and shall have no required setbacks; however, such structures cannot be located where they create sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in actual height. PERMITTED USES AND STANDARDS Single-Family Detached Min. Lot Area 4,500 sq. ft. Min. Lot Width 45' Min. Lot Depth 100' Front Yard') 15'(2)(3) Side Yard(5) 5' Rear Yard (Principal)(4) 10' Rear Yard (Accessory)(4) 5' Min. Distance Between Principal Structures 10' Maximum Height Actual 40' Zoned Height 35' (1) Front setback is measured from the property line or road easement. (2) Front-loading/front-entry garages shall be setback a minimum of 23' from the back of sidewalk. Units with side-loaded garages shall have a minimum 10' setback from the front property line/right-of-way. No structures will overhang into the utility easement. (3) Corner lots shall provide one (1) front yard setback within the yard that contains the driveway/vehicular access to the dwelling unit. The secondary front yard that does not contain the driveway/vehicular access to the dwelling unit shall provide a minimum 10-foot setback measured from the right-of-way, and will have no overhang into the utility easement if there are any buildings adjacent to that side setback. (4) 0' principal and accessory setbacks are permitted from lake maintenance easements and landscape buffer easements, which will be separate platted tracts on the PPL. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Homeowners' association boundaries shall not be utilized for determining development standards. Palisades RPUD Last Revised:April 11, 2022 Page 2 of 10 Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of subdivision plat approval, or shown as separate tracts on the SDP. Note: 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. 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AND PARCEL 2 STRAP #00238280003 THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF. AND PARCEL 3 STRAP #00237040008 THE WEST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AND PARCEL 4 STRAP #00237080000 THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY PURPOSES. AND PARCEL 5 STRAP #00237000006 THE SOUTH HALF (S 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY PURPOSE. LESS OUT 1 THE SOUTH HALF (S1/2) OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY PURPOSES. LESS OUT 2 Palisades RPUD Last Revised:April 11, 2022 Page 7 of 10 THE WEST 100 FEET OF THE EAST 275 FEET OF THE SOUTH 133 FEET TOGETHER WITH THE WEST 161 OF THE EAST 436 FEET OF THE SOUTH 188 FEET OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. AND PARCEL 6 STRAP #00238447008 THE WEST 100 FEET OF THE EAST 275 FEET OF THE SOUTH 133 FEET TOGETHER WITH THE WEST 161 OF THE EAST 436 FEET OF THE SOUTH 188 FEET OF THE NORTH HALF (N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. Palisades RPUD Last Revised:April 11, 2022 Page 8 of 10 EXHIBIT "E" LIST OF REQUESTED DEVIATIONS FROM LDC Palisades RPUD Deviation 1 from LDC Section 5.03.02.C.2, "Fences and walls", which permits a maximum fence/wall height of 6 feet in residential components of Planned Unit Development zoning districts, to allow for a maximum fence/wall/berm height of 8 feet along the PUD perimeter boundary. Deviation 2 from LDC Section 6.06.01.J, "Dead-end streets", which prohibits dead-end streets without cul-de-sacs, to allow for a hammerhead stub design as shown on the PUD master plan. Deviation 3 from LDC Section 6.06.01.N, "Minimum right-of-way widths", which establishes the minimum right-of-way width of 60 feet to be utilized, to allow for a 50-foot right-of-way internal private right-of-way. Deviation 4: A deviation from LDC Section 6.06.02.A,. "Sidewalks, Bike Lanes and Pathway Requirements", which requires five-foot wide sidewalks to be constructed on both sides of the local/internal rights-of-way, to allow a 6-foot-wide side sidewalk on one side of the right-of-way. Palisades RPUD Last Revised: April 11, 2022 Page 9 of 10 EXHIBIT "F" DEVELOPMENT COMMITMENTS Palisades RPUD 1. GENERAL A. One entity (Yarberry Partners, LLC) 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 Yarberry Partners, 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 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. Pursuant to Section 125.022(5) F.S., 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. TRANSPORTATION A. The maximum total daily trip generation for the PUD shall not exceed 38 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 B. The owner, its successors or assigns, shall contribute its fair share of the future intersection improvements at Orange Blossom Drive and Airport-Pulling Road within 90 days after written request by the County. 3. ENVIRONMENTAL A. The subject site contained approximately 0.18 acres of native vegetation, of which 15% (0.03 acres) is required to be preserved. No native vegetation is provided for on-site. Off- site mitigation is to be provided through the monetary payment alternative according to LDC Sec. 3.05.07. Palisades RPUD Last Revised:April 11, 2022 Page 10 of 10 F ; tou sr - . _44 .„ - o, , . , . 1. ... ..,._ __ ...,.,_._. _..._._._'_,..,..__....J FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State May 31, 2022 Martha S. 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 Attention: Ann Jennejohn Dear Martha Vergara: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2022-20, which was filed in this office on May 27, 2022. Sincerely, Anya Owens Program Administrator ACO/mas R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270