Ordinance 2011-13
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ORDINANCE NO. 11- 1 3
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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
REGULA TIONS FOR THE UNINCORPORATED AREA OF
COLLIER COUNTY, FLORIDA, BY AMENDING THE
APPROPRIA TE ZONING A TLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICA TION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM THE
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
AND AGRICUL TURAL (A) ZONING DISTRICTS TO A ~g
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ~i;
ZONING DISTRICT FOR THE PROJECT KNOWN AS HD ::r.:::;
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DEVELOPMENT RPUD, TO ALLOW DEVELOPMENT OF UP u,
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TO 125 SINGLE-FAMILY RESIDENTIAL UNITS AND 33 ~_"";
MULTI-FAMILY UNITS AND ASSOCIATED ACCESSORY :.,,~~
USES, LOCATED ON THE NORTH SIDE OF IMMOKALEE 6C()
ROAD, EAST OF OLDE CYPRESS BOULEVARD, IN ~E
SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, }>r:1
COLLIER COUNTY, FLORIDA, CONSISTING OF 65.29+/-
ACRES SUBJECT TO CONDITIONS; PROVIDING FOR THE
REPEAL AND REPLACEMENT OF ORDINANCE 05-65; AND
BY PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Chris Mitchell of Waldrop Engineering, P.A., representing Vita Pima, 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 real property more particularly described in Exhibit D,
attached hereto and incorporated herein by reference, located in Section 21, Township 48 South,
Range 26 East, Collier County, Florida, is changed from the Residential Planned Unit
Development (RPUD) and Agricultural (A) Zoning Districts to a Residential Planned Unit
Development (RPUD) Zoning District for a 65.29+/- acre project known as HD Development
RPUD, subject to compliance with Exhibits A through H, attached hereto and incorporated
herein and by reference made part hereof. The appropriate zoning atlas map or maps, as
HD Development / PUDZ-PL20 I 0-1 054
Revised 3/17/11
lof2
described in Ordinance Number 2004-41, as amended, the Collier County Land Development
Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance 05-65, adopted on November 15, 2005, by the Board of County
Commissioners of Collier County, is hereby repealed in its entirety and replaced with these
provIsIOns,
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-maJonty vote of the Board of County
Commissioners of Collier County, Florida, this ,;)lD4h day of Jipr~ l ,2011.
ATTEST:. ":0;':e~~~;""""
DWIG~T ~)3~C1(;'~~RK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
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Att'. '.:~,Qif
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Approved as to form and
legal sufficiency:
~7. k'J>>L '/
Steven T, Williams
Assistant County Attorney
By: ^~ W. ~~
FRED W. COYLE, Chatrm .
Attachments: Exhibit A - Permitted Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - Deviations from the LDC
Exhibit F - Development Commitments
Exhibit G - Schematic Buffer Design
Exhibit H - Boardwalk/Sidewalk Easements
HD Development / PUDZ-PL20 I 0-1 054
Revised 3/17/11
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CP\ I O-CPS-O] 043\55
EXHIBIT "A"
LIST OF PERMITTED USES
HD DEVELOPMENT RPUD
PERMITTED USES:
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:
A. PrinciDal Uses and Structures:
1, Single-Family dwelling units.
2. Multi-Family dwelling units (limited to Tract "A").
Any other principal and related use that is determined to be comparable to the foregoing
by the Board of Zoning Appeals pursuant to the process outlined in the Land
Development Code (LDC).
B. Accessorv 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. Clubhouse/Recreation uses and facilities, for areas designated as Multi-Family on
the PUD Master Plan, including swimming pools, tennis courts, volleyball courts,
fishing docks, walking paths, picnic areas, recreation buildings, and
basketballlshuftle board courts.
3, Gatehouse
4. Essential servIces, including interim and permanent utility and maintenance
facilities,
5. Water management facilities.
6. Any other accessory use and related use that is determined to be comparable to
the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in
the Land Development Code (LDC),
HD Development RPUD - PUDZ-PL20 I 0-1 054
Last Revised: 4/26/20 II
Page I of II
c. Preserve Area Uses:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for the preserve area depicted on the RPUD Master Plan other than the
following:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures,
4. Native preserves and wildlife sanctuaries.
5. Any other conservation related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the
Land Development Code (LDC).
D. DeveloDment Densitv
1. A maximum of 125 Single-Family Residential dwelling units for all Single-
Family tracts within the HD Development RPUD.
2. A maximum of 33 Multi-Family.
3. A maximum of 158 dwelling units shall be constructed in the Residential Areas of
the project. The gross project area is 65,29 :I:: acres and the residential density
maximum shall be 2.42 units per acre.
HD Development RPUD - PUDZ-PL20 I 0-1 054
Last Revised: 4/26/20 II
Page 2 of II
EXHIBIT "B"
DEVELOPMENT STANDARDS
HD DEVELOPMENT RPUD
Development of the HD Development RPUD shall be in accordance with the contents of this
Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at
the time of issuance of any development order, such as, but not limited to, final subdivision plat,
final site development plan, excavation permit, and preliminary work authorization, to which
such regulations relate. Where these regulations fail to provide developmental standards, then
the provisions of the most similar district shall apply.
Table I below sets forth the development standards for residential land uses within the HD
Development 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 SDP or subdivision plat.
Front yard setbacks in Table I shall be measured as follows:
1. If the parcel is served by a public or private right-of-way, the setback is measured from
the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is measured from the
back of curb or edge of pavement. If the parcel is served by a platted private drive, the
setback is measured from the road easement or property line, whichever is more
restrictive.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
Standards Single Family Multi Family
Minimum Lot Area 6,000 SF (per unit) N/A
Minimum Lot Width 50' (1) N/A
Front Yard Setback 19' (2) 15'
Side Yard Setback
1 Story 6' 7,5'
2 Story 6' 10'
3 Story N/A 12.5'
Rear Yard Setback
Principal Structure 20' (30' adjacent to Olde 20'
Cypress PUD)
Accessory Structure 10' (20' adjacent to Olde 10'
Cypress PUD)
PUD Boundary Setback
Principal Structure N/A 20'
Accessory Structure N/A 10'
Lake Setback (3) 20' 20'
Preserve Area Setback
Principal Structure 25' 25'
HD Development RPUD - PUDZ-PL20 I 0-1 054
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Page 3 of II
Accessory Structure 10' 10'
Distance Between Structures
MainlPrincipal
1 Story 12' 15'
2 Story N/A 20'
3 Story N/A 25'
Accessory Structures 10' 10'
Maximum Height
Principal Building (Actual) 40' with a max of2 story N/A
Principal Building (Zoned) 35' 42' with a max. of3 stories
Accessory Building (Actual) 25' N/A
Accessory Building (Zoned) 20' 20'
Clubhouse Building (Actual) N/A N/A
Clubhouse Building (Zoned) N/A 38'
Minimum Floor Area 1600 SF 650 SF for 1 Bedroom
900 SF for 2 Bedrooms
1000 SF for 3 Bedrooms
1. May be reduced on cul-de-sac lots and lots on the inside part of the curved streets by 25%.
2. The distance from the back of the sidewalk to the garage door must be at least 23 feet to
allow room to park a vehicle on the driveway without parking over the sidewalk. The
front yard setback for side-loaded garages may be reduced to 18', with the home
remaining at 19'.
3. Lake setbacks are measured from the control elevation established for the lake.
A. PRESERVE AREA REQUIREMENTS
1. A minimum of twenty-five (25) percent of the viable native vegetation (64.9 acres), as
described in Section 3.05.07.B of the Land Development Code, shall be provided on-site,
including both the under-story and the ground cover emphasizing the largest contiguous
area possible. A total of 16.23 acres is required to be preserved.
HD Development RPUD - PUDZ-PL20 I 0-1 054
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Page 4 of II
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HD DEVELOPMENT RPUD
CLIENT: VITA PIMA, LLC.
PUD MASTER PLAN
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EXHIBIT "D"
LEGAL DESCRIPTION
HD DEVELOPMENT RPUD
Property Description:
A parcel or tract of land situated in the State of Florida, County of Collier, lying in Section 21,
Township 48 south, Range 26 east and being further bounded and described as follows:
Commencing at southwest corner of the southwest quarter of Section 21, Township 48 south,
Range 26 east, thence n.00059'51''w. along the west line of the southwest quarter of said section
for 100.00 feet to the northerly right-of line of a 100 feet wide drainage canal as described in
deed book 43, page 251 of the Public Records of Collier County, Florida; thence n.89008'23"e.
along said northerly right-of way for 330,14 feet to the southeast corner of Tract 13 of Olde
Cypress, Unit One, a subdivision recorded in Plat Book 32 at pages i through 11, inclusive, of
the public records of Collier County, Florida; thence continue n.89008'23"e. along said northerly
right-of-way line for 330.14 feet to an intersection with the west line of the west half of the east
half of the southwest quarter of the southwest quarter of said section 21 and to the point of
beginning; thence n.OOo59'15"w. along the west line of said fraction for 1230.24 feet to the
northwest comer of said fraction and to the southerly line of the aforesaid Olde Cypress, Unit
One subdivision; thence n.89007'34"e. along the southerly line of said subdivision for 1981,51
feet; thence n.89008'07"e. along the southerly line of said subdivision for 330.24 feet to the
northeast comer of the west half of the west half of the southwest quarter of the southeast quarter
of said section 21; thence s.OOo57'12"e. along the east line of said fraction and along said
subdivision line for 1230.83 feet to the aforesaid northerly right-of-way line of a 100 feet wide
drainage canal; thence s.89009'28"w. along said northerly right-of-way for 330.16 feet to the east
line of the southwest quarter of said section 21; thence s.89008'23"w, along said northerly right-
of-way line for 1980.86 feet to the point of beginning.
Parcel contains 65.294 acres, more or less.
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/20 II
Page 6 of II
EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM THE LDC FOR THE
HD DEVELOPMENT RPUD
Deviation No.1: The Applicant is requesting a deviation from Land Development Code (LDC)
Section 6.06.01. 0 to allow for a 50' right-of-way internal to the proposed development. This
Section of the LDC requires that a local road right-of-way be a minimum of 60 feet wide,
Justification: The internal rights of way shall be private and shall be maintained by the HOA.
The proposed deviation allows for design flexibility as well as consistency with right-of-way
widths approved for the HD Development RPUD. The reduced right-of-way width allows for
single family development within the parcel. For these reasons, the proposed deviation will not
negatively impact public health, safety or welfare,
Deviation No.2: The Applicant is requesting relief from Land Development Code (LDC)
Section 5.03.02.C which permits a maximum wall height of six (6) feet in residential zoning
districts, to allow for a maximum height of eight (8) feet for a combination wall and berm along
a portion of the southern property line.
Justification: The proposed deviation will allow for additional visual screening and mitigation of
noise pollution resulting from traffic along Immokalee Road, a 4-lane divided arterial roadway.
Approval of this deviation will serve to promote public health, safety and welfare, as well as
enhance the HD Development PUD and Olde Cypress Community.
HD Development RPUD - PUDZ-PL20 I 0-1 054
Last Revised: 4/26/20 II
Page 7 of II
EXHIBIT "F"
DEVELOPMENT COMMITMENTS
HD DEVELOPMENT RPUD
1. ENVIRONMENTAL
A. The flow-way/cypress slough (FLUCCS Code 621) shall be preserved as shown on the
PUD Master Plan.
2. LANDSCAPE
A. The required 10-foot Type A buffer required along the northern property line shall be 20
feet wide from the western property line a distance of approximately 1,160 feet, where
Treeline Drive diverts from the east-west alignment to head northwest, as depicted in
Exhibit C PUD Master Plan. The plantings will be consistent with Exhibit G Schematic
Buffer Design.
B. A combination 6-foot precast or masonry wall and 2-foot berm shall be required along a
portion of the southern property line, as depicted on Exhibit C PUD Master Plan. The
location of the wall is subject to approval at the time ofPPL review.
3. TRAFFIC
The development of this PUD shall be subject to and governed by the following minimum
stipulations.
A. Payment in Lieu of 6-foot sidewalks and 4-foot bike lanes for Immokalee Road frontage
shall be required. The amount shall be determined utilizing FDOT's 2008 Transportation
Costs, as amended. Payment shall be required prior to PPL approval.
B. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and
all other neighboring developer(s)/property owner(s), that directly benefit from said
traffic signal(s), will be determined based upon percentage of usage/impact. The Owner,
his successor, or assign(s) agrees to contribute proportionate far share payment(s) toward
traffic control improvements at the following intersections:
1. Treeline Drive at Olde Cypress Boulevard/Logan Boulevard Extension
2. Olde Cypress Boulevard at Immokalee Road
The improvements may include, but shall not be limited to, signal installation or improvement of
existing signalization, and turn lane improvements. Payment shall be required within 90 days of
the County's request, or upon inclusion of improvements in a development order such as an SDP
or Plat, or when warrants are considered met as a result of the project's traffic, Proportionate
share must be calculated based on percentage of this project's impact on the operating capacity
of the improvements, Payment shall be made to the entity responsible for construction!
maintenance/ ownership of the improvement(s).
HD Development RPUD - PUDZ-PL20 I 0-1 054
Last Revised: 4/26/20 II
Page 8 of II
For any improvements constructed by the Owner, and for any rights of way or Public Access
easements contributed by this development to Collier County, the Owner, his successor, or
assign(s) agrees to retain responsibility to operate and maintain said conveyances until such time
that the Board of County Commissioners formally accepts ownership and maintenance
responsibility for of the improvements.
C. A sidewalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, for the existing sidewalk/pathway servicing the existing control structure
for the Cocohatchee Canal. The granting of the sidewalk easement will not require
additional buffer width for the landscape buffer required adjacent to the canal right-of-
way. Plantings shall be placed within the remaining width of the 20 foot landscape buffer,
If the area cannot be effectively planted, no plantings shall be required for the length of
the easement. The sidewalk easement shall be provided by the Owner at no cost to the
county within 90 days of the County's request, or upon inclusion of improvements in a
development order, such as an SDP or Plat.
D. A boardwalk easement is required as depicted on Exhibit H, HD Development Easement
Requirements, to allow for an elevated boardwalk adjacent to the surface water
management weir providing controlled discharge for the adjacent slough to the
Cocohatchee Canal. The easement shall be 15 feet wide and taper to the boundary within
50 feet of the end of the weir. The granting of the boardwalk easement will not require
additional buffer width for the landscape buffer required adjacent to the canal right-of-
way for portions of the buffer within the developable portions of the PUD. Plantings
shall be placed within the remaining width if the 20 foot landscape buffer. If the area
cannot be effectively planted, no plantings shall be required for the length of the
easement. The Owner will cooperate with Collier County as the land owner in securing
the necessary permits for the construction of the boardwalk. The Owner shall not be
financially responsible for the permitting, wetland mitigation or construction of the
boardwalk. The boardwalk easement shall be provided by the Owner at no cost to the
county within 90 days of the County's request, or upon inclusion of improvements in a
development order, such as an SDP or Plat.
E. Construction traffic access for the project shall be limited as generally shown on Exhibit
C. At least until the 100th home site slab is poured, construction traffic access shall be
limited to ingress via the existing maintenance access point on Olde Cypress Boulevard,
and egress via Treeline Drive, In no case however, shall construction traffic utilize direct
access to Olde Cypress Boulevard.
HD Development RPUD - PUDZ-PL2010-1054
Last Revised: 4/26/20 II
Page 9 of II
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CLIENT: VITA PIMA, LLC,
HD DEVELOPMENT RPUD
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HD Development RPUD - PUDZ-PL20 I 0-1 054
Last Revised: 4/26/20 II
Page II of II
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 and correct
copy of:
ORDINANCE 2011-13
Which was adopted by the Board of County Commissioners
on the 26th day of April, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 29th
day of April, 2011.
DWIGHT E. BROCK
Clerk of Courts~,qd.~erk
Ex-officio tq..,g~m~i .
County comm~~1;oo'ieir'~;:,~<~,> .
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By: Martha'l,~ctti ,,'i:t'J'-~.":_<,
Deputy Cljl:., ~..,~. .....", ","