Loading...
Ordinance 2012-22r5� ORDINANCE NO�I2- 2 2 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE Nb;i 2004 -41, AS AMENDED, THE COLLIER COUNTY LA N DEVELOPMENT CODE, WHICH ESTABLISHED COMPREHENSIVE ZONING REGULATIONS FOR UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAP CHANGING THE ZONING CLASSIFICATION OF THE HE19a DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTU,I' (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE NAPLES VIEW RPUD TO ALLOW CONSTRUCTION OF A MAXIMUM OF SIXTY -SIX RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED AT 6900 AIRPORT ROAD NORTH IN SECTION 01, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 11 +/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. v v c "Ti r -v z w lJ WHEREAS, Alexis Crespo, AICP of Waldrop Engineering, P.A., representing Naples View LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described 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 01, Township 49 South, Range 25 East, Collier County, Florida is changed from a Rural Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Naples View RPUD, to allow construction of a maximum of 66 residential 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 No. 2004 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. Naples View RPUD \ PUDZ- PL2011 -1519 Rev. 5/07/12 1 of 2 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 o7(9_ day of ,�, 2012. `i��= AT §T'- „ BOARD OF COUNTY COMMISSIONERS DIG, T U,_ 1 , CLERK COLLIER COUNTY, FLORIDA B By: �-�- ,,, ti►s le k FRED W. COYLE, Chairman Approved as to form and legal sufficiency: ei kAll Ahton-Cicko Section Chief, Land Use /Transportation Attachments: Exhibit A - List of Permitted Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - Development Commitments CP\ 11- CPS -01121 \51 This ordinance filed with the Sec tort' of Stope's Office the 'L''- day of _ . _ %) Lu% , ZQ and ocknowledgeme t gf„that filing received this i'`tday _4 J VIA C90( c Deputy Clerk Naples View RPUD \ PUDZ- PL2011 -1519 Rev. 5/07/12 2 of 2 EXHIBIT A LIST OF PERMITTED USES NAPLES VIEW 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. Principal Uses and Structures: "111" Residential Tracts 1. Single - family detached dwelling units 2. Zero lot line units 3. Two - family, duplex dwelling units 4. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. "112" Residential Tracts 1. Single family detached dwelling units 2. Zero lot line units 3. Two - family, duplex dwelling units 4. Townhouse dwelling units 5. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 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. Accessory Uses: Accessory uses customarily associated with Permitted Principle Uses including but not limited to: 1. Customary accessory uses and structures including carports, garages, and utility buildings. 2. Recreational uses and facilities that serve the residents, including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball /shuffle board courts. 3. Temporary sales trailers and model units. 4. Entry Gates & Gatehouse. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. 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). C. Development Density A maximum of 66 dwelling units shall be constructed within the RPUD per the Transportation Concurrency Management Area (TCMA) bonus density provisions set forth in Exhibit F, Section 5. The gross project area is 11.3 t acres and the residential density maximum shall be 5.84 units per acre. Naples View RPUD — PUDZ- PL2011 -1519 Page 1 of 7 Last Revised: May 3, 2012 EXHIBIT B DEVELOPMENT STANDARDS NAPLES VIEW RPUD Development of the Naples View 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 land uses within the Naples View 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. TABLE I RESIDENTIAL DEVELOPMENT STANDARDS") PERMITTED USES AND Single Family Zero Lot Two Townhome Recreation STANDARDS Detached Line Family, Duplex Min. Lot Area 5,000 SF 4,000 SF 3,500 SF 1,400 SF N/A Min. Lot Width 50' 40' 35' 16' N/A SETBACKS Front 15' 15' 15' 15' 20' Side 5' 5'/0' 570' 5'/0' 20' Rear (Principal) 15' 10' 10' 10' 10' Rear (Accessory) 0' 0' 0' 0' 0' Water body 20' 20' 20' 20' 20' Airport Pulling Rd. 25' 25' 25' 25' 25' Min. Distance Between 10' 10' /0'isi 10' /0'11i 10' /0'isi Sum of Y: BH Principal Structures Max. Building Height Zoned 35' 35' 35' 35' 35' Actual 40' 40' 40' 40' 40' No. of Stories 2 2 2 2 2 (1) Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 SF. (2) Minimum lot width may be reduced by 25% for cul -de -sac lots provided the minimum lot area requirement is maintained. (3) The minimum 15' front yard setback may be reduced to 10' where the residence has a recessed, side entry, or rear entry garage. In no case shall there be less than a clear area of 23 feet between the back of the sidewalk and the face of the garage door for front entry garages. (4) For corner lots, only one (1) front yard setback shall be required. The yard that does not contain the driveway /vehicular access to the residence shall provide 10' setback. (5) Distance between buildings may be reduced at garages to a minimum of 0' where attached garages are provided, and a 10' minimum, if detached. Naples View RPUD — PUDZ- PL2011 -1519 Page 2 of 7 Last Revised: May 3, 2012 jumm Hapin ~kWADmoi4i mav44ramicnoi-w1.dwv GKW23*&-13Pm CQ Rp(*T NWIR-ROAQ- - - -26o ,ow cnm CO at c > P zP r 1+ 1+1 1 R.O.W. 471 r c IN !A — ---------------------- m z ffi m to �§T 0 rz jai RI CO z 1 0 0 rd 0 ;OQ ifl-H SCALE: N.T.S. NAPLES VIEW FJYGINFJERING TH CLIENT: NAPLES VIEW, LLC. PLM KUTM PLAN Naples View RPUD - PUDZ-PL2011-1519 Page 3 of 7 Last Revised: May 3, 2012 •� r •� r EXHIBIT D LEGAL DESCRIPTION NAPLES VIEW RPUD NORTH %: OF THE NORTH Y2 OF THE SOUTHWEST Y4 OF THE SOUTHWEST Y. OF SECTION 1, TOWNSHIP 49 SOUTH, RANGE 2S EAST, COLLIER COUNTY, FLORIDA, EXCEPTING THEREFROM THE WEST 100 FEET THEREOF FOR STATE RIGHT - OF -WAY. Naples View RPUD — PUDZ- PL2011 -1519 Page 4 of 7 Last Revised: May 3, 2012 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC NAPLES VIEW RPUD Deviation 1: Deviation from LDC Section 4.06.02.0 which requires a 15 -foot wide Type "B" buffer where proposed residential uses abut existing commercial uses, to allow for a 10 -foot wide Type "B" buffer where the property abuts the commercial use to the north. Deviation No. 2: Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on residentially zoned properties up to 4 square feet in area or 3 feet in height, to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. Deviation No. 3: Deviation from LDC Section 6.06.01, which requires a minimum width of 60 feet for cul -de -sac and local street rights -of -way, to allow for a minimum 45 -foot right -of -way internal to the proposed development. Deviation 4: Deviation from LDC Section 6.06.01.1 which prohibits dead -end streets, to allow the dead end street shown on the RPUD Master Plan. Deviation 5: Deviation from LDC Section 5.03.02.C.2, 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 the property lines. Naples View RPUD — PUDZ- PL2011 -1519 Page 5 of 7 Last Revised: May 3, 2012 EXHIBIT F DEVELOPMENT COMMITMENTS NAPLES VIEW RPUD 1. PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 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 Naples View, 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. 2. UTILITIES 2.1 The project shall conned to the Collier County Water Sewer District ( CCWSD) potable water system at a location determined by CCWSD when capacity is available. 2.2 The project shall conned to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 2.3 The project shall connect to the CCWSD Irrigation Quality water system at a location determined by CCWSD when capacity is available. 2.4 Should the Collier County Water Sewer District determine that it does not have sufficient capacity to serve the project; the Developer shall either construct interim potable water, wastewater treatment and /or non - potable water facilities, or shall postpone development until such time as the Collier County Water - Sewer District service capacity is available to service the project. Any interim facilities constructed by the Developer shall be constructed to Collier County Utilities Division Standards, and shall be dismantled, at the Developer's expense, upon connection to the Collier County Water -Sewer District facilities. Whether potable water, wastewater treatment and /or non - potable water facilities are provided on -site or off -site, the Developer shall demonstrate to Collier County that adequate capacity is available at the time of final utilities plan submittal. 2.5 All customers shall be customers of the CCWSD. 3. TRANSPORTATION A. The project shall maintain a minimum of 100' throat distance between the Airport Pulling right -of -way and the face of the entrance gates. B. The developer shall pay a proportionate fair share for improvements to the Orange Blossom Drive and Airport Pulling Road intersection. The proportionate fair share of the project's impacts to the intersection shall be Naples View RPUD — PUDZ- PL2011 -1519 Page 6 of 7 Last Revised: May 3, 2012 determined at the time of construction plan approval based upon the project's trips as percentage of capacity improvements for the turning /through movements utilized by this site. Payment shall be made to Collier County within 90 days of the County's request. 4. ENVIRONMENTAL No preservation area is required as all existing, on -site vegetation is exotic. S. PLANNING The RPUD shall be developed with up to 66 units per Transportation Concurrency Management Area (TCMA) bonus density, as defined in Policy 6.3 of the Future Land Use Element of the Growth Management Plan. The developer shall provide the two (2) Transportation Demand Management (TDM) criteria as follows: 1. Provide vehicular access to the future mixed use subdistrict to the north as shown on the PUD Master Plan, in the form of a non - exclusive access easement to the adjacent property owner /developer to the North, conveyed prior to issuance of the first building permit. 2. Provide pedestrian and bicycle facilities within the project and a bicycle /pedestrian interconnection to the future mixed use subdistrict to the north shown on the PUD Master Plan. Naples View RPUD — PUDZ- PL2011 -1519 Page 7 of 7 Last Revised: May 3, 2012 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 2012 -22 which was adopted by the Board of County Commissioners on the 26th day of June, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of June, 2012. DWIGHT E. BROCK Clerk of Courts and Clerk.. Ex -of f icio to Boa rcj,voltj` '' County Commissione'r`s s j B Teresa Cannon Deputy Clerk