Ordinance 2023-54 ORDINANCE NO. 2023- 54
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 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 WITH AN
AIRPORT ZONING OVERLAY TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT WITH AN AIRPORT
ZONING OVERLAY FOR A PROJECT KNOWN AS ROCK CREEK
ESTATES RPUD TO ALLOW DEVELOPMENT OF UP TO 15 SINGLE-
FAMILY DWELLING UNITS, A PRIVATE RECREATIONAL AMENITY,
AND A BOAT RAMP WITH UP TO 12 PRIVATE BOAT SLIPS ON
PROPERTY LOCATED WEST OF AIRPORT-PULLING ROAD, ON THE
SOUTH SIDE OF NORTH ROAD, ACROSS THE STREET FROM
TERMINAL DRIVE TO THE NAPLES AIRPORT, IN SECTION 2,
TOWNSHIP 50 SOUTH, RANGE 25 EAST; CONSISTING OF 11.36+/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PL202200017791
WHEREAS, Josephine Medina, AICP, of RVI Planning representing EL.,AH Holdings,
LLC, petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property.
NOW THEREFORE, liE IT ORDAINED BY TIIF 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 50 South, Range 25 East, Collier County. Florida, is changed from a Rural
Agricultural (A) zoning district with an Airport Zoning Overlay to a Residential Planned Unit
Development (RPUD) zoning district with an Airport Zoning Overlay for an 11.36+/- acre
project to be known as Rock Creek Estates RPUD to allow up to 15 single-family dwelling
units, a private recreational amenity, and a boat ramp with up to 12 private boat slips in
accordance with the RPUD Documents, attached hereto as Exhibits "A" through "F" and
122-CPS-02227/1820865/11 22-CPS-02227/182086s" 'I Al
Rock Creek Estates 1 of 2
PUDZ-PL20220001779
10/19/23
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-majorityp vote of the Board of County
Commissioners of Collier County, Florida, this ) 7tt kday of j\1d/ (01 -fir ,2023.
ATTEST::, BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZFI.. CLERK COLLIER COUNTY, FLORIDA
Y•
B
Attest as toChairman's Deputy Clerk Rick LoCastro, Chairman
L'.._signature only
This ordinance filed with the
Approved as to form and legality: Secretary of State's Offi 3 tb
RD day of
ILA A v' '} and acknowledgement 9f that
I cidi Ashton-Cicko 10-19-23 eceived thi day
Managing Assistant County Attorney of Jt vyv
By_
o.ovty cwk
Attachments: Exhibit A— Permitted Uses
Exhibit B — Development Standards
Exhibit C—Master Plan
Exhibit D— Legal Description
Exhibit E—List of Deviations
Exhibit F— Developer Commitments
I22-CPS-02227/1820865/1 I 22-CPS-02227118208( ''
Rock Creek Estates 2 of 2
t'UtYL-PL20220001779
10/19/23
EXHIBIT "A"
LIST OF PERMITTED USES
Rock Creek Estates 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
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 15 dwelling units (1.3 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 principal 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.
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).
II. RESIDENTIAL/PRIVATE RECREATION AMENITY TRACT A
A. Principal Uses:
1. Maximum of one (1) Single-family detached dwelling unit.
2. Private recreational uses and facilities including, up to 6,100 +/- square foot
recreational building, indoor basketball/shuffle courts, and private garage.
B. Accessory Uses:
1. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. Outdoor recreational uses shall not be permitted.
Rock Creek Estates RPUD
Last Revised. October 10, 2023
Page 1 of 10
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).
III. PRIVATE DOCK AREA
A. Principal Uses:
1. A golf cart path, parking, private recreational single-family boat docks, private boat
ramp, mooring pilings, boat lifts /davits, picnic areas, and kayak launches to serve
residents and their guests. All docks are reserved for the exclusive use of the owners
of dwelling units within this RPUD. No more than twelve (12) slips may be constructed
within this project.
IV. PRESERVE
A. Principal Uses:
1. Preserve
B. Accessory Uses:
1. Allowable uses within County required preserves as set forth in the LDC Section
3.05.07.H
V. GENERAL
The following structures and uses shall be considered general permitted uses throughout
the RPUD:
1. Essential services, including interim and permanent utility and maintenance facilities.
2. Water management facilities.
3. Walls, berms and signs.
4. Passive open space uses and structures, including, but not limited to landscaped
areas, gazebos, playgrounds, park benches, and walking trails.
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 2 of 10
EXHIBIT "B"
DEVELOPMENT STANDARDS
Rock Creek Estates 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 Single-Family Detached Recreational Buildings
STANDARDS and Structures
Min. Lot Area 7,500 sq. ft. 10,000 sq. ft
Min. Lot Width 50' 80'
Min. Lot Depth 150' 150'
PUD Setback (Principal) 15' 20'
Front Yard(') 20' (2)(3) 25'
Side Yard (Principal) (4) 7.5' 15'
Side Yard (Accessory)(4) 5' 10'
Rear Yard (Principal)(4( 15' 15'
Rear Yard (Accessory)(4) 5' 10'
Preserve (Principal) Setback 25' 25'
Preserve (Accessory) Setback 10' 10'
Min. Distance Between Principal 15' 20'
Structures
Maximum Height Actual 45' 35'
Zoned Height 35' 25'
(1) Front setback is measured from the property line, right-of-way 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.
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 3 of 10
GENERAL: Except as provided for herein, all criteria set forth 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. 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.
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 4 of 10
EXHIBIT "C"
RPUD Master Plan
Rock Creek Estates
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ROCK CREEK ESTATES • RPUD MASTER PLAN (EXHIBIT C)
R CXIL.IERcoLIolTY FLE1RICA
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Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 5 of 10
EXHIBIT "C"
RPUD Master Plan
Rock Creek Estates
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Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 6 of 10
EXHIBIT "D"
LEGAL DESCRIPTION
Rock Creek Estates RPUD
PARCEL 1
PARCEL ID #00386760404
A CERTAIN LOT OR PARCEL OF LAND LOCATED IN SECTION 2, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA, FURTHER BOUNDED AND DESCRIBED AS
FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 2, TOWNSHIP 50 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH AND SOUTH
1/4 LINE OF SAID SECTION 2, S 0 DEGREES 26'20" E 30.00 FEET TO THE SOUTHERLY
RIGHT-OF-WAY LINE OF NORTH ROAD AND A CONCRETE MONUMENT FOR A PLACE OF
BEGINNING; THENCE ALONG SAID RIGHT-OF-WAY N89 DEGREES 3810"E 664.90 FEET,
TO THE EAST LINE OF WEST 1/2 LOT 21, NAPLES GROVE AND TRUCK COMPANY'S LITTLE
FARMS NUMBER 2, AS RECORDED IN PLAT BOOK 1, PAGE 27A OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA; THENCE ALONG SAID EAST LINE AND ITS EXTENSION
S 0 DEGREES 32'15"E 641.80 FEET TO A CONCRETE MONUMENT; THENCE CONTINUING
S 0 DEGREES 32'15"E 20 FEET MORE OR LESS TO THE APPROXIMATE MEAN HIGH
WATER LINE OF ROCK CREEK; THENCE MEANDERING ALONG SAID APPROXIMATE
MEAN HIGH WATER LINE SOUTHWESTERLY, WESTERLY, NORTHWESTERLY AND
SOUTHEASTERLY TO THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 2; THENCE
ALONG SAID NORTH AND SOUTH 1/4 LINE N 0 DEGREES 26'20"W 184.00 MORE OR LESS
TO A CONCRETE MONUMENT; THENCE CONTINUING N 0 DEGREES 26'20"W 645.56 FEET
TO THE PLACE OF BEGINNING. LYING IN THE WEST 1/2 OF LOT 21, THE WEST 1/2 OF LOT
22, AND THAT PART OF THE WEST 1/2 OF LOT 23 LYING NORTH OF ROCK CREEK OF
SAID NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2.
A/K/A 2250 NORTH ROAD, NAPLES FL 34104
PARCEL CONTAINS 11.36 ACRES, MORE OR LESS
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 7 of 10
EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM LDC
Rock Creek Estates RPUD
Deviation 1: Deviation from LDC Section 4.06.02.C, which requires a 15-foot-wide Type
"B" buffer between single-family dwelling units and amenity centers, to instead allow for
a 7.5-foot-wide Type "B" buffer between single family dwelling units and on-site
recreation/amenity uses. The buffer will contain 3-gallon muhly grass, planted 3-feet off-
center on the single-family residential side of the 7.5' buffer, in addition to all required
Type "B' plant materials. No buffer is required between the single-family dwelling unit on
Tract A and the recreational uses on Tract A.
Deviation 2: Deviation from LDC Section 5.03.02.C.2, which permits a maximum fence/wall
height of 6 feet for certain lots in residential zoning districts, to allow for a maximum
fence/wall/berm height of 10 feet along the northern PUD perimeter boundary, abutting
North Road.
Deviation 3: Deviation from LDC Section 6.06.01.N which establishes the minimum
right-of-way width of 60 feet to be utilized, to allow for a 40-foot right-of-way internal
private right-of-way.
Deviation 4: Deviation from LDC Section 4.05.04.G, Table 17, which requires boat
ramps to provide a minimum of 10 spaces per ramp with dimensions of 10 feet wide by
40 feet long and vehicular parking shall be provided at 4 spaces per ramp, to allow for no
boat trailer or vehicular parking spaces to be required.
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 8 of 10
EXHIBIT "F"
DEVELOPMENT COMMITMENTS
Rock Creek Estates RPUD
1. GENERAL
A. One entity (ELAH Holdings, 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 ELAH
Holdings, 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 acknowledgment 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 the commencement
of the development.
2. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 17 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.
3. ENVIRONMENTAL
A. The subject site contains approximately 0.52 acres of native vegetation of which 25%
(0.13 acres) is required to be preserved. The subject site shall provide 98% (0.51 acres)
of native vegetation preservation. The native preservation requirement will be satisfied on-
site in accordance with the Land Development Code. Any replanting of native vegetation
to meet preserve standards shall comply with all requirements set forth in the LDC Section
3.05.07.H.
B. Preserves 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. Supplemental plantings with
native plant materials shall be in accordance with LDC Section 3.05.07. In order to meet
the requirements of a Type 'B' buffer along the southern boundaries of the RPUD; a 6-
foot-wide landscape buffer reservation located outside of the preserve will be conveyed
by owner to a homeowner's association or condominium association at time of SDP or
plat approval. In the event that the preserve does not meet buffer requirements after
removal of exotics and supplemental planting within the preserve, plantings will be
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 9 of 10
provided in the 6' wide reservation to meet the buffer requirements. The type, size, and
number of such plantings, if necessary, will be determined at time of initial SDP or plat
and included on the landscape plans for the SDP or plat.
4. UTILITIES
A. At the time of application for subdivision Plans and Plat (PPL) approval, offsite
improvements and/or upgrades to the wastewater collection/transmission system may be
required to adequately handle the total estimated peak hour flow from the project. Whether
or not such improvements are necessary, and if so, the exact nature of such improvements
and/or upgrades shall be determined by County, during PPL or SDP review. Such
improvement and/or upgrades as may be necessary shall be permitted and installed at
the developer's expense and may be required to be in place prior to issuance of a
certificate of occupancy for any portion or phase of the development that triggers the need
for such improvements and/or upgrades.
5. CITY OF NAPLES AIRPORT AUTHORITY ("NAA")
A. The Owner and Developer shall enter into a mutually agreeable easement with the NAA.
B. The maximum height of any residence, building or other structure (including rooftop
appurtenances) shall not exceed fifty (50) feet above the established elevation of the
Naples Municipal Airport, which is a total height of fifty eight and two hundredths (58.20)
North American Vertical Datum of 1988 (NAVD 88).
C. The Owner and Developer shall record a restrictive covenant incorporating the following
disclosure:
"NAPLES MUNICIPAL AIRPORT. THE NAPLES MUNICPAL AIRPORT IS LOCATED
LESS THAN EIGHT HUNDRED FIFTY FIVE (855) FEET FROM THE [PROPERTY]
[PREMISES], IN CLOSE PROXIMITY THERETO.
[PURCHASERS][OWNERS][TENANTS] CAN EXPECT ALL OF THE USUAL AND
COMMON NOISES AND DISTURBANCES CREATED BY, AND INCIDENT TO, THE
OPERATION OF AN AIRPORT."
D. The Owner and Developer shall comply with all stipulations of any FAA Determination of
No Hazard to Air Navigation issued with respect to the land within this PUD (including any
crane used for construction and/or maintenance therein).
6. MISCELLANOUS
A. Should any significantly historical cultural materials or human remains be found during
excavation process, the developer shall contact a certified archeologist.
Rock Creek Estates RPUD
Last Revised: October 10, 2023
Page 10 of 10
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
November 21, 2023
Crystal K. Kinzel, Clerk of Court
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, FL 34112
Dear Ms. Kinzel,
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2023-54, which was filed in this office on November 16,
2023.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Administrative Code and Register Director
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270