Ordinance 2008-06
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ORDINANCE NO. 08-~
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 DESCRffiED REAL PROPERTY FROM AN
AGRICULTURAL (A) ZONING DISTRICT TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR THE PROJECT TO
BE KNOWN AS THE PEZZETTINO DI CIELO RPUD,
TO ALLOW CONSTRUCTION OF A MAXIMUM OF 43
RESIDENTIAL DWELLING UNITS ON PROPERTY
LOCATED IMMEDIATELY EAST OF LIVINGSTON
ROAD AND APPROXIMATELY 4.5 MILES NORTH OF
IMMOKALEE ROAD (C.R. 846) IN SECTION 12,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 17.52+/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
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WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and
Richard Yovanovich, Esq., of Goodlette Coleman and Johnson P.A., representing Distinctive
Residential Development at Livingston, 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 12,
Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural
(A) Zoning District to a Residential Planned Unit Development (RPUD) for a project to be
known as the Pezzettino Di Cielo RPUD, to allow construction of a maximum of 43
residential dwelling units in accordance with the Pezzettino Di Cielo RPUD, attached hereto
as Exhibit "A," 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.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
Page I of2
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this aC)fi1 dayof:-\O flu It,. j ,2008.
A TTES,1Y' . r) l/.{,
DWIGHT E. BROGK, CLERK
.,
.,
BOARD OF COUNTY COMMISSIONERS
COLLIER CO NTY, ORIDA
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By:
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Attest a tit Cba 1.... ,
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Deputy Clerk
By:
TOM
Approved as to form
and legal sufficiency:
Marjo M. Student-Stirling
Assistant County Attorney
Page 2 of2
. d "th \11<
This ordinance file WI
Secretary of ~~ Offi7~~~
'7+~'--day of '
Id athot
and acknow e geme ;JV\ d
fili~jV€d ~ ay
of ~ Rc8:\L)Z
Oeput'{ Clerk
PEZZETIINO DI CIELO RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGUlATIONS AND SUPPORTING MASTER PLAN GOVERNING THE PEZZETTINO
DI CIELO RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
Distinctive Residential Development at Livingston, LLC
Mr. Steve Fiterman
1845 Trade Center Way
Naples, FL 34109
PREPARED BY:
Richard V. Yovanovich, Esq.
Goodlette, Coleman and Johnson, PA
4001 North Tamiami Trail, Suite 300
Naples, FL 34103
Q. Grady Minor and Associates, PA
3800 Via Del Rey
Bonita Springs, FL 34134
239-947-1144
Exhibit A
DATE REVIEWD BY CCPC December 6.2007
DATEAPPROVEDBYBCC -..b~ 2.'11~'6
ORDINANCE NUMBER - 0("
AMENDMENTS AND REPEAL lDC4-'"
TABLE OF CONTENTS
PAGE
SECTION I PROPERTY OWNERSHIP & DESCRIPTION 3
SECTION II RESIDENTIAL AREAS PLAN 5
SECTION III CONSERVATION / PRESERVE AREA 7
SECTION IV DEVELOPMENT COMMITMENTS 8
SECTION V DEVIATIONS FROM THE LDC 11
LIST OF TABLES AND EXHIBITS
TABLE! DEVELOPMENT STANDARDS
EXHIBIT A RPUD MASTER PLAN
6
2
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of the PezzeUino Di Cielo RPUD.
1.2 LEGAL DESCRIPTION
The subject property being +/-17.52 acres is described as:
Tax Parcel 22 located in Section 12, Township 48 South, Range 25 East, Collier
County, Florida, described as:
The West 1/2 of the SW 1/4 ofthe SW 1/4 of the NE 1/4 of Section 12, Township
48 South, Range 25 East, LESS AND EXCEPT:
A perpetual easement to Collier County, Florida for roads, utilities and
drainage easement over and across the West 50 feet thereof.
AND
Tax Parcel 9.1 more particularly described as:
Beginning at the Southwest corner of the SW 1f4 of the SW lf4 of the NE
1f4 of Section 12 Township, 48 South, Range 25 East, thence North 660
feet to a point; thence East 162 feet to the POINT OF BEGINNING;
thence continue East 132 feet to a point; thence South 330 feet; thence
West 132 feet; thence North 330 feet to the POINT OF BEGINNING;
Subject to a road Right-of-Way over and across the North 30 feet thereof.
AND
The East 1/2 of the East 1f2 of the SW 1/4 of the SW 1/4 of the NE 1/4, less and
except the North 30 feet thereof, and
The West 1/2 ofthe East 1/2 ofthe SE 1/4 ofthe SW 1/4 of the NE 1/4, and
The West 1f2 of the East 1f2 of the SW 1f4 of the SW 1/4 ofthe NE 1/4, and
The West 1f2 ofthe SE 1f4 of the SW 1f4 of the NE 1/4.
AND
PARCEL ONE as described in O.R. Book 3103, Pg 2950
3
The South thirty feet of the North V2 of the SW 1f4 of the NE V4 of Section 12,
Township 48 S, Range 25 E, Collier County, Florida, LESS AND EXCEPT the
East V2 ofthe East '12 of the East '12 of the North V2 of the SW V4 of the NE V4 of
Section 12, Township 48 South, Range 25 East.
All Located in Section 12, Township 48 South, Range 25 East, Collier County,
Florida.
1.3 PROPERlY OWNERSHIP
The subject property is under the ownership of:
Distinctive Residential Development at Livingston, LLC and Long
Bay Partners, LLC. Distinctive Residential Development at
Livingston, LLC has a contract to purchase the balance of the
property not under their ownership from Long Bay Partners, LLC.
The lands together make up the :!: 17.52 acres covered by this
RPUD
1.4 DESCRIPTION OF PROJECT PlAN AND PROPOSED lAND
~
A. The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan.
LAND USE TYPE
Single-family, zero lot line
43 Dwelling Units
WATER MANAGEMENT
PRESERVE AREA
ROADS/ROW
DEVELOPMENT TRACTS
TOTAL:
+ / - 2.20 acres
+ / - 0.82 acres
+/- 1.99 acres
+/-12.'>1 acres
+/-17.52 acres
4
SECTION II
RESIDENTIAL AREAS PLAN
2.1 MAXIMUM DWELLING UNITS
The maximum number of dwelling units allowed within the RPUD shall be 43.
2.2 USES PERMI1TED
No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Principal Uses:
(1) Single family detached dwellings.
(2) Zero lot line detached dwellings.
B. Accessory Uses:
(1) Customary accessory uses and structures, including private garages,
outdoor kitchen facilities, privacy walls (6' height) pavilions, fountains,
trellises, and other landscape features.
(2) Common recreation amenities. Such uses shall be visually and
functionally compatible with the adjacent residences which have the
use of such facilities.
(3) Essential services, water management facilities and other similar
facilities designed to serve the infrastructure needs of the RPUD.
2.3 DEVELOPMENT STANDARDS
Table I sets forth the development standards for land uses within the "R"
Residential District.
General:
(1) All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided.
(2) In no case shall the minimum setback be less than the required
landscape buffer width.
5
TABLE I - DEVELOPMENT STANDARDS
"R" Residential Areas
Requirements Single Family Zero Lot Line
Minimum lot area 5,000 square feet 5,000 square feet
Minimum lot width 50 feet' 50 feet 1
Minimum floor area 1,600 square feet 1,600 square feet
Minimum principal structure setbacks
. Front yard 20 feet. 20 feet>
. Front yard for side entry garage 10 feet 10 feet
. Side yard 6 feet o and 10, or 5 feet3
. Rear yard 10 feet 10 feet
. Waterfront 20 feets 20 feet'
. Preserve boundary 25 feet 25 feet
Minimum accessory structure setbacks
. Front yard SPS6 SPS'
. Side yard SPS' o feet'
. Rear yard 5 feet o feet 1
. Preserve boundary 10 feet 10 feet
Minimum distance between principal structures 12feet 10 feet
Maximum height (zoned) 35 feet 35 feet
1 Minimum lot width for cul-de-sac lots may be reduced by 20% provided the minimum lot area is
maintained.
2 The distance from the back of the sidewalk to the face of the garage door must be at least 23 feet to
allow room to park a vehicle on the driveway withant encroaching into the sidewalk. Should the
garage he side-loaded, plans must ensure that parked vehicles will not intelfere with pedestrian
traffic.
3 Where a zero foot yard option is utilized, the opposite side of the structure shall have a 10 foot
yard. Otherwise, a minimum 5 foot side yard shall he provided on each side.
, Patios, pools, 6 foot Plivacy walls, fountains, trellises, lanclscape features, screen enclosnres and
the like may encroach into the 10 foot yard and may attach to the adjoining dwelling provided an
easement is granted from the adjoining dwelling unit owner. In no case shall these elements
encroach into the lake maintenance easement.
S Measured from control elevation.
, SPS = Same as Principal Structure.
1 Accessory structures shall not be placed within lake maintenance easements or required landscape
buffers.
6
SECTION III
PRESERVE AREA
3.1 PERMITIED USES
The RPUD Master Plan provides for .82 acres of preserve area which meets the
15% native vegetation preservation requirement. Minor adjustments may be
made to the boundaries of preserve areas based on permitting considerations
in accordance with the Land Development Code (LDC) and Growth
Management Plan (GMP).
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following and subject to permitting:
A Principal Uses and Structures
1. Passive recreational uses such as pervious nature trails or boardwalks
within the preserve areas, subject to LDC requirements. Fences may be
utilized outside of the preserves to provide protection to the preserves in
accordance with the LDC.
2. Water management detention and structures, excluding a perimeter berm.
a. Native vegetation retention area(s) used for water management
purposes shall meet the following criteria:
(1) There shall be no adverse impacts to the native vegetation being
retained. The additional water directed to tillS area shall not
increase the annual hydro-period unless it is proven that such
would have no adverse impact to the existing vegetation.
(2) If the project requires permitting by tile South Florida Water
Management District, the project shall provide a letter or official
document from the District indicating that the native vegetation
witIlin the retention area will not have to be removed to comply
with water management requirements. If the District cannot or will
not supply such a letter or other document, then the native
vegetation retention area shall not be used for water management
purposes.
3. Native preserves.
4. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by tile Board of Zoning Appeals
(BZA) through the process outlined in the LDC.
7
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
4.2 TRANSPORTATION
A. Nothing in any development order shall vest a right of access in excess of a
right in/right out condition at any access point. Neither shall the existence of
a point of ingress, a point of egress or a median opening, nor the lack thereof,
be the basis for any future cause of action for damages against the County by
the developer, its successor in title, or assignee.
B. The developer shall provide payment in lieu of the installation of sidewalks
on one side of the road per the requested deviation in Section 5.1 of this
RPUD in accordance with Section 6.06.02 of the LDC. The amount shall be
determined by utilizing FDOT's 2004 Transportation Costs as amended.
Payment in lieu of providing the sidewalk shall be required prior to approval
of plats and plans for the first phase of the project.
C. A temporary turn lane shall be provided for the project prior to
commencement of on-site construction, and the permanent turn lane
improvements must be complete prior to the issuance of the first certificate
of occupancy (CO).
D. All traffic control devices, signs, pavement marking, and design criteria shall
be in accordance with the Florida Department of Transportation (FDOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FDOT
Design Standards, current edition, and the Manual On Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall be
consistent with, and as required by the Collier County's LDC, as amended.
E. Arterial-level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first CO.
F. Access points shown on the RPUD Master Plan are considered to be
conceptual. Nothing depicted on any such Master Plan shall vest any right of
access at any specific point along any property frontage. All such access
issues shall be approved or denied during the review of required subsequent
site plans, final plat submissions, or by an approved Developer Contribution
Agreement (DCA). All such access points shall be consistent with the Collier
County Access Management Policy (Res. No. 01-247), as it may be amended
from time to time, and with the Collier County Long Range Transportation
Plan. The number of access points constructed may be less tllan the number
depicted on the Master Plan; however, no additional access points shall be
considered unless a PUD amendment is approved.
8
G. Site related improvements (as opposed to system related improvements)
necessary for safe ingress and egress to this project, as determined by Collier
County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to
commencement of on-site construction.
H. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Res. No. 01-247), as it may be
amended, and the LDC, as it may be amended. Collier County reserves the
right to close any median opening existing at any time which is found to be
adverse to the health, safety, and welfare of the public. Any such
modifications shall be based on, but not limited to, safety, operational
circulation, and roadway capacity.
1. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to
adjacent developments shall be operated and maintained by an entity created
by the developer in accordance with the applicable regulations of the State of
Fiorida. Collier County shall have no responsibility for maintenance of any
such facilities.
J. If any required turn lane improvement requires the use of any existing
County rights-of-way or easement(s), then compensating right-of-way shall
be provided at no cost to Collier County as a consequence of such
improvement(s).
K. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign, or pavement marking improvement within a public
right-of-way or easement is determined to be necessary, the cost of such
improvement shall be the responsibility of the developer, his successors or
assigns. The improvements shall be paid for or installed, at the County's
discretion, prior to the issuance of appropriate corresponding CO.
4.3 ENVIRONMENTAL
A. Soil testing for contaminants including chlorinated hydrocarbons,
organophosphates and total petroleum hydrocarbons must be performed
prior to final residential development order approval.
4.4 WATERMANAGEMENT
A. The storm water shall not be discharged into the preserve area until it has
been fully treated in accordance with Collier County and Water Management
District standards.
9
4.5 AFFORDABLE HOUSING
A. The developer shall contribute $1,000 to the Collier County Affordable
Housing Trust Fund for each residential dwelling unit constructed within the
project. This sum shall be paid prior to the issuance of the CO for the
residential unit. The $1,000 contribution for each residential unit shall be a
credit against any affordable housing fees that may be adopted by the County
which may be applicable to this project.
10
SECTION V
DEVIATIONS FROM THE LDC
5.1 DEVIATIONS FROM LDC
A. Right-of-Way Width:
The developer requests a reduction in the width of a local roadway right-of-
way from sixty feet (60') as shown in Appendix B of the LDC to forty feet
(40') as shown in attached Exhibit A.
B. The developer requests a deviation from Appendix B of the LDC which
requires a 5 foot wide sidewalk to be located on both sides of a local street to
permit a 5 foot wide sidewalk to be located on one side of the local street.
C. The developer requests a deviation from Section 22-112 ofthe Collier County
Code of Laws and Ordinances to permit development excavations to be a
minimum of 20 feet from a property line with protective barriers.
D. The developer requests a deviation from Section 6.06.01 of the LDC, to
permit the cul-de-sac to exceed 1,000 feet in length as shown on the Master
Plan. A vehicle turnaround meeting local fire district standards shall be
provided.
11
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2008-06
Which was adopted by the Board of County Commissioners on
the 29th day of January 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st day
of January 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to..Board .of
County COinm.ilB~i~,rierl'/.
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By:Martha Vergara,' ;
Deputy CJ.erk
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