Ordinance 2012-26ORDINANCE NA_ 26
By r rr-
AN ORDINANCE OF THE BOARD OF COUNTY 3!c
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2004 -41, AS z?;
AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE m4
COMPREHENSIVE ZONING REGULATIONS FOR THE .--
UNINCORPORATED AREA OF COLLIER COUNTY 'I
FLORIDA, BY AMENDING THE APPROPRIATE ZONING_2�n
ATLAS MAP OR MAPS FOR A PROJECT PREVIOUSLYn
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KNOWN AS THE SUMMIT LAKES RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD) WHICH IS
HENCEFORTH TO BE KNOWN AS THE BENT CREEK
PRESERVE RPUD, TO ALLOW CONSTRUCTION OF A
MAXIMUM OF 450 RESIDENTIAL DWELLING UNITS ON
PROPERTY LOCATED APPROXIMATELY ONE -HALF
MILE EAST OF THE INTERSECTION OF COLLIER
BOULEVARD (C.R. 951) AND IMMOKALEE ROAD (C.R.
846) IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
138.4 +/- ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 06 -62, THE SUMMIT LAKES
RPUD; AND BY PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Patrick Vanasse, AICP of RWA, Inc. and R. Bruce Anderson, Esquire of
Roetzel & Andress LPA, representing Centerline Homes Enterprises Three, LLC, petitioned the
Board of County Commissioners of Collier County, Florida to amend Ordinance Number 06 -62,
the Summit Lakes Residential Planned Unit Development.
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 26,
Township 48 South, Range 26 East, Collier County, Florida is changed from a Residential
Planned Unit Development (RPUD) zoning district to a Residential Planned Unit Development
(RPUD) for a project to be known as the Bent Creek Preserve RPUD to allow construction of a
Bent Creek Preserve RPUD /PUDA- PL20110001497
Rev. 6/08/12
Page 1 of 2
maximum of 450 residential dwelling units in accordance with the Bent Creek Preserve 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:
Ordinance Number 06 -62, known as the Summit Lakes Residential Planned Unit
Development, adopted on December 12, 2006 by the Board of County Commissioners of Collier
County, Florida, is hereby repealed in its entirety.
SECTION THREE:
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 X* 4A_ day of 7Un¢, , 2012.
D.WlGHTlf, $ROCK, CLERK
De u V Clerk
%a At-to e L.; t to CM VrW
>3 � Ar re ai o.
Approved as to form
and legal sufficiency:
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Steven T. Williams 6.942
Assistant County Attorney (#1
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: [A). &�,L
FRED W. COYLE, Chi an
Attachment: Exhibit A - Bent Creek Preserve RPUD Document
12- CPS - 01148/42
Bent Creek Preserve RPUD /PUDA- PL20110001497
Rev. 6/08/12
Page 2 of 2
This ordinance filed with the
S_ecritory of Stpte"s Office the
3. _P� ` day of .yJ- ; �: '
and acknowledgement p�, that
filing received day
of
By o"uty Clerk
EXHIBIT A
PROJECT LAND USE TRACTS
TYPE UNITS ACREAGE±
TRACT "R" RESIDENTIAL 450 110.1
TRACT "RA" RECREATION AREA 0 4.6
TRACT "P" PRESERVE 0 23.7
TOTAL 138.4
I TRACT R 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:
1) Single - family detached dwellings;
2) Single - family attached dwellings (including townhouses intended for fee simple
conveyance including the platted lot associated with the residence);
3) Multi - family dwellings;
4) Model homes;
5) All principal uses permitted in Tract RA, No principal uses permitted in Tract
RA shall be permitted in Tract R that abuts adjoining, off -site lands.
6) Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ")
by the process outlined in the Land Development Code (LDC).
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1) Customary accessory uses and structures including, but not limited to, private
garages, swimming pools with or without screened enclosures, gatehouses,
and other outdoor recreation facilities;
2) Walls, berms, signage, and development excavations;
3) Project sales, construction and administrative offices, which may occur in
residential, and/or in temporary structures.
4) Signs, including boundary marker signage
5) Polling place if deemed warranted by the Supervisor of Elections;
Bent Greek Preserve PL- 2011 -1497 June 8, 2012
030008.05.01
Page 1 of 13
6) All accessory uses permitted in Tract RA. No accessory uses permitted in
Tract RA shall be permitted in Tract R that abuts adjoining, off -site lands.
II TRACT RA 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 (Typically Accessory to Residential Development):
1) Structures intended to provide social and recreational space (private, intended for
use by the residents and their guest only); Construction of the clubhouse shall
commence prior to the issuance of the Certificate of Occupancy (CO) for the
45th residential dwelling unit. The clubhouse shall be located in the large RA
Tract at the terminus of the entrance road, and interior to the development.
2) Outdoor recreation facilities, such as a community swimming pool, tennis and
basketball courts, playground improvements /facilities, and passive and/or active
water features;
3) Signs, including boundary marker signage;
4) Cellular communication tower;
5) Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ")
by the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1) Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance, storage
or shelter with appropriate screening and landscaping;
2) Walls, berms, signage, and development excavation.
III TRACT P 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, subject to the issuance of regional, state and federal permits,
when required:
A. Principal Uses:
1) Native vegetation preserves;
2) Any other principal use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the Board of Zoning Appeals ( "BZA ")
by the process outlined in the LDC.
Bent Creek Preserve PL -2011 -1497 June 8, 2012
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Page 2 of 13
B. Accessory Uses;
Accessory uses and structures customarily associated with the permitted principal uses
and structures, including, but not limited to:
1. Passive recreational areas and boardwalks;
2. Viewing platforms;
3. Nature trails including boardwalks and pedestrian/bicycle bridges;
4. Drainage and water management structures, included but not limited to walls,
berms. Placement of water management structures will not reduce the native
preservation requirement.
Bent Creek Preserve PL- 2011 -1497 June 8, 2012
030008.05.01
Page 3 of 13
EXHIBIT B
DEVELOPMENT STANDARDS
GENERAL: Development of The Bent Creek Preserve RPUD shall be in accordance with the contents
of this Ordinance and applicable sections of the Collier County LDC and Growth Management Plan
(GMP) in effect at the time of issuance of any development order, such as, but not limited to, subdivision
plat, 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 in the LDC shall apply.
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. Condominium, and /or homeowners'
association boundaries shall not be utilized for determining development standards.
Table I below sets forth the development standards for land uses within the Residential PUD Residential
Subdistrict (Tract "R "). 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.
MAXIMUM DENSITY:
There shall be no more than 450 residential dwelling units permitted which provides for a maximum
gross density of 3.25 dwelling units per acre.
NATIVE VEGETATION PRESERVATION:
The 138.4 acre PUD has 94.41 acres of native vegetation existing on -site. Therefore, a minimum of 25%
of the existing native vegetation (23.60 acres) are required to be retained or replanted as a native preserve.
Approximately l .47 acres of the proposed preserve will be recreated native habitat.
Bent Creek Preserve PL- 2011 -1497 June 8, 2012
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Page 4 of 13
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT STANDARDS
SINGLE FAMILY
SINGLE FAMILY
MULTI-
CLUBHOUSE/
MINIMUM LOT AREA
DETACHED
ATTACHED A
FAMILY
RECREATION BUILDINGS
SIDE
S.P.S.
TOWNHOUSE
S.P.S.
1/2 BH
PRINCIPAL STRUCTURES
MINIMUM LOT AREA
4,500 S.F.
1,250 S.F. PER
1 ACRE
10,000 S.F.
SIDE
S.P.S.
UNIT
S.P.S.
1/2 BH
MINIMUM LOT WIDTH
40 FEET
16 FEET
150 FEET
N/A
MINIMUM FLOOR AREA
1,000 S.F
1,000 S.F
1,000 S.F.
N/A
MIN FRONT YARD
20 FEET*
20 FEET
20 FEET*
25 FEET
MIN SIDE YARD — SINGLE STORY
6 FEET
0 FEET or 6 FEET
GREATER OF 10
GREATER OF 15 FEET OR
MAX. BUILDING HEIGHT NOT TO
EXCEED (ACTUAL)
40 FEET
40 FEET
FEET OR 1/2 BH
'/2 BH
MIN SIDE YARD — TWO -STORY
7.5 FEET
GREATER OF 10
GREATER OF 10
GREATER OF 10 FEET OR 1/2
FEET OR 1/2 BH
FEET OR 1/2 BH
BH
MIN REAR YARD
15 FEET
15 FEET
15 FEET
GREATER OF 15 FEET OR 1/2
BH
MIN PRESERVE SETBACK
25 FEET
25 FEET
25 FEET
25 FEET
MIN. DISTANCE BETWEEN
12 FEET
12 FEET
GREATER OF 20
GREATER OF 15 FEET OR Y2
STRUCTURES — SINGLE STORY
FEET OR 1/2 THE
SUM OF BH
SUM OF BH
MIN. DISTANCE BETWEEN
15 FEET
GREATER OF 20
GREATER OF 20
GREATER OF 20 FEET OR 1/2
STRUCTURES - TWO -STORY
FEET OR 1/2
FEET OR 1/2 THE
THE SUM OF BH
THE SUM OF BH
SUM OF BH
MIN. DISTANCE BETWEEN ONE
13.5 FEET
N/A
N/A
GREATER OF 20 FEET OR 1/2
STORY and MULTI -STORY
THE SUM OF BH
STRUCTURES
MAX. BUILDING HEIGHT NOT TO
35 FEET
40 FEET
45 FEET
50 FEET
EXCEED ZONED
MAX. BUILDING HEIGHT NOT TO
45 FEET
45 FEET
60 FEET
60 FEET
EXCEED (ACTUAL)
ACCESSORY STRUCTURES
FRONT
S.P.S.
S.P.S.
S.P.S.
20 FEET
SIDE
S.P.S.
S.P.S.
S.P.S.
1/2 BH
REAR (ATTACHED)
DETACHED
5 FEET
5 FEET
5 FEET
5 FEET
5 FEET
20 FEET
10 FEET
20 FEET
PRESERVE SETBACK
10 FEET
10 FEET
10 FEET
10 FEET
MINIMUM DISTANCE BETWEEN
STRUCTURES
12 FEET
12 FEET
12 FEET
GREATER OF 15 FEET OR 1/2
BH
MAX. BUILDING HEIGHT NOT TO
EXCEED ZONED
35 FEET
35 FEET
35 FEET
40 FEET
MAX. BUILDING HEIGHT NOT TO
EXCEED (ACTUAL)
40 FEET
40 FEET
40 FEET
40 FEET
S.P.S. = Same as Principal Structures
BH = Building Height — unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LDC.
*: Residences with side loaded garages may have a minimum 15 foot front yard
Bent Creek Preserve PL- 2011 -1497 June 8, 2012
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Page S of 13
Notes:
1) No structures are permitted in the required 20 -foot lake maintenance easement. No setback is required
for structures adjacent to a lake maintenance easement.
2) Side yards — No side yard shall be required between units, within one building, when more than one
residential unit is in a single structure (i.e.: attached single - family and townhomes).
3) Terraced setbacks are permitted for either two or three story multi- family structures. Side yard
setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum
15 foot exterior building wall setback is provided for floors above the first floor as depicted in Figure 1
below.
4) Firewall protrusions into required yards are permitted up to three (3') feet.
5) Entrance features (i.e.: monuments, clock towers and colonnades) may be located at the project
entrance and shall be limited to a maximum height of 50 feet.
6) For all residential units, garages must be located a minimum of 23 feet from the back of the sidewalk
located in the street rights -of -way closest to the garage, except for side load garages, wherein a parking
area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked
across a portion, or all of the referenced sidewalk.
7) No more than ten (10) attached dwelling units are permitted.
PROPERTY 15' MIN 0
LAE EXTERIOR _.
BUILDING WALL
SETBACK
!
SIDE YARD
SETBACK
Figure 1 I
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Page 6 of 13
030008.05.01
EXHIBIT C
MASTER PLAN
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BENT CREEK �•
PRE,WRVe UC BENT CREEK PRESERVE J D A T` T
RPUD Julian Bryan
RPUD .NA57'ER PLAN ,:+� Assoclatas i. � i ra L
Bent Creek Preserve PL- 2011 -1497 June 8, 2012
030008.05.01
Page 7 of 13
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BENT CREEK �•
PRE,WRVe UC BENT CREEK PRESERVE J D A T` T
RPUD Julian Bryan
RPUD .NA57'ER PLAN ,:+� Assoclatas i. � i ra L
Bent Creek Preserve PL- 2011 -1497 June 8, 2012
030008.05.01
Page 7 of 13
EXHIBIT D
Legal Description
LEGAL DESCRIPTION
(AS PROVIDED BY FIDELITY NATIONAL TITLE INSURANCE COMPANY)
COLLIER COUNTY PARCELS 1 THROUGH 10:
PARCEL 1 (OUTDOOR RESORTS)
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH
100 FEET THEREOF; ALSO LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL
RECORDS BOOK 3188, PAGE 1723 (PARCEL 103), OF THE PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
PARCEL 2 (OUTDOOR RESORTS)
THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE
FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHEAST CORNER OF SAID WEST
1/2, THENCE NORTH 2° 19' 4" WEST, ON THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF
267.62 FEET; THENCE NORTH 89° 59'9" WEST, A DISTANCE OF 660.58 FEET TO A POINT ON
THE WEST LINE OF SAID WEST 1/2; THENCE SOUTH 2° 18'30" EAST, ON SAID WEST LINE A
DISTANCE OF 267.79 FEET TO A POINT ON THE SOUTH LINE OF SAID WEST 1/2; THENCE
NORTH 890 59' 58" EAST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62
FEET TO THE POINT OF BEGINNING.
PARCEL 3 (OUTDOOR RESORTS)
THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE
FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID WEST
1/2; THENCE NORTH 2° 17'20" WEST, ON THE WEST LINE OF SAID WEST 1/2 A DISTANCE
OF 362.58 FEET; THENCE NORTH 89° 59'58" EAST, A DISTANCE OF 658.26 FEET; THENCE
NORTH 20 17'55" WEST, PARALLEL TO THE EAST LINE OF SAID WEST 1/2 A DISTANCE OF
350.74 FEET; THENCE SOUTH 88° 49'57" EAST, A DISTANCE OF 2.30 FEET TO A POINT ON
THE EAST LINE OF SAID WEST 1/2; THENCE SOUTH 20 17'55" EAST, ON SAID EAST LINE A
DISTANCE OF 713.28 FEET TO THE SOUTHEAST CORNER OF SAID WEST 1/2; THENCE
SOUTH 890 590 58" WEST, ON THE SOUTH LINE OF SAID WEST 1/2 A DISTANCE OF 660.62
FEET.
PARCEL 4 (OUTDOOR RESORTS)
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT THE
FOLLOWING DESCRIBED PORTION: BEGIN AT THE SOUTHWEST CORNER OF SAID EAST
1/2; THENCE NORTH 2° 17'55" WEST, ON THE WEST LINE OF SAID EAST 1/2 A DISTANCE OF
713.28 FEET; THENCE SOUTH 88° 49'57" EAST, A DISTANCE OF 661.18 FEET TO A POINT ON
THE EAST LINE OF SAID EAST 1/2; THENCE SOUTH 2° 18'30" EAST, ON THE EAST LINE OF
SAID EAST 1/2, A DISTANCE OF 699.79 FEET TO A POINT ON THE SOUTH LINE OF SAID
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030008.05.01
EAST 1/2; THENCE SOUTH 89° 59' 58" WEST, ON THE SOUTH LINE OF SAID EAST 1/2 A
DISTANCE OF 660.62 FEET TO THE POINT OF BEGINNING.
PARCEL 5 (OUTDOOR RESORTS)
THE NORTH 80% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 6 (OUTDOOR RESORTS)
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH
100 FEET THEREOF FOR ROAD RIGHT OF WAY; ALSO LESS AND EXCEPT THE LAND
DESCRIBED IN OFFICIAL RECORDS BOOK 3188, PAGE 1723, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PARCEL 7 (KOLEQUE PARCEL ONE)
THE NORTH 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA.
PARCEL 8 (KOLEQUE PARCEL TWO)
THE SOUTH 20% OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS
THE EAST 30 FEET THEREOF FOR RIGHT OF WAY FOR INGRESS AND EGRESS PURPOSES,
AS RECORDED IN OFFICIAL RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SECTION 26, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, RUN ALONG THE EASTERLY LINE OF SAID SECTION A BEARING OF
SOUTH 020 21'08" EAST FOR 2675.77 FEET TO A FOUND 5/8 INCH IRON ROD, BEING THE
EASTERLY 1/4 CORNER OF SAID SECTION AND A POINT OF BEGINNING; THENCE RUN
SOUTH 890 58'26" WEST ALONG THE QUARTER SECTION LINE, 660.62 FEET TO A 4 INCH
CONCRETE MONUMENT, SAID MONUMENT BEING THE COMMON CORNER OF THIS
PARCEL AND THE NORTHEAST CORNER OF CRYSTAL LAKE RV RESORT; THENCE RUN
NORTH 020 20'40" WEST, A DISTANCE OF 267.60 FEET TO A SET 5/8 INCH IRON ROD WITH
CAP; THENCE RUN NORTH 89° 58'42" EAST, A DISTANCE OF 660.58 FEET TO A 5/8 INCH
IRON ROD THAT WAS FOUND AT THE INTERSECTING POINT ON THE EASTERLY SECTION
LINE; THENCE RUN SOUTH 02° 21' 08" EAST ALONG THE EASTERLY LINE OF THE SECTION
A DISTANCE OF 267.58 FEET TO THE POINT OF BEGINNING, LESS THE EASTERLY 30 FEET
RESERVED FOR A ROAD INGRESS /EGRESS RIGHT OF WAY AS RECORDED IN OFFICIAL
RECORDS BOOK 642, PAGE 1588, IN THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
PARCEL 9 (CAPIELLO PARCEL)
A PARCEL OF LAND LYING IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP
48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, LESS AND EXCEPT
THEREFROM THE NORTH 178.91 FEET. COMMENCING AT THE NORTH 1/4 CORNER OF
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA;
THENCE ALONG THE NORTH LINE OF THE NORTHEAST 1/4 OF SAID SECTION 26, SOUTH
Bent Creek Preserve PL- 2011 -1497 June 8, 2012
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030008.05.01
89° 58' 17" EAST, A DISTANCE OF 1320.35 FEET, TO THE NORTHWEST CORNER OF THE
WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 26; THENCE
ALONG THE WEST LINE OF THE SAID WEST 1/2, SOUTH 020 18' 21" EAST, A DISTANCE OF
179.06 FEET, TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED, SAID
POINT BEING ON A LINE PERPENDICULAR TO THE SAID NORTH LINE AND SOUTHERLY
178.91 FEET; THENCE EASTERLY AND PARALLEL TO THE SAID NORTH LINE, SOUTH 89° 58'
17" EAST, A DISTANCE OF 660.21 FEET TO THE EAST LINE OF THE SAID WEST 1/2; THENCE
ALONG THE SAID EAST LINE SOUTH 020 19' 00" EAST, A DISTANCE OF 1158.95 FEET, TO
THE SOUTHEAST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SOUTH LINE OF
THE SAID WEST 1/2, NORTH 89° 59' 07" WEST, A DISTANCE OF 660.42 FEET TO THE
SOUTHWEST CORNER OF THE SAID WEST 1/2; THENCE ALONG THE SAID WEST LINE
NORTH 020 18'21" WEST, A DISTANCE OF 1159.10 FEET, TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN DESCRIBED.
PARCEL 10 (FERGUSON PARCEL)
A PARCEL OF LAND LYING IN THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, LESS THE
NORTH 100 FEET OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, OF COLLIER
COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 26, TOWNSHIP 48 SOUTH, RANGE
26 EAST, OF COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH /SOUTH QUARTER
LINE OF SAID SECTION 26, SOUTH 020 17' 02" EAST, 179.03 FEET TO THE POINT OF
BEGINNING OF THE PARCEL DESCRIBED HEREIN; THENCE CONTINUE ALONG SAID
QUARTER LINE ALSO BEING THE EAST PROPERTY LINE OF THE BOUNDARY LINE
AGREEMENT RECORDED IN OFFICIAL RECORDS BOOK 2228, PAGE 1540 THROUGH 1544,
OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, SOUTH 02° 1702" EAST, 1159.43
FEET TO THE SOUTH LINE OF THE SAID BOUNDARY AGREEMENT; THENCE ALONG SAID
BOUNDARY AGREEMENT THE FOLLOWING TWO COURSES; 1) NORTH 89° 58'36" WEST,
528.56 FEET; 2) NORTH 02° 16' 14" WEST, 1180.43 FEET TO THE INTERSECTION WITH SOUTH
BOUNDARY LINE OF PARCEL 102 AS DESCRIBED IN OFFICIAL RECORDS BOOK 3128, PAGE
2557; THENCE CONTINUE ALONG THE SOUTH BOUNDARY OF SAID PARCEL 102 THE
FOLLOWING THREE COURSES: 1) SOUTH 89° 58'39" EAST, 196.60 FEET; 2) SOUTH 00° 01' 21"
WEST, 21.00 FEET; 3) SOUTH 89° 58'39" EAST, 332.54 FEET TO THE POINT OF BEGINNING OF
THE PARCEL HEREIN.
GROSS LAND AREA OF PARCELS I THROUGH 10, INCLUSIVE = 6,027,469.4 SQUARE FEET
OR 138.4 ACRES MORE OR LESS.
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Page 30 of 13
030008.05.01
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #1 seeks relief from LDC Section 5.04.04.B.5.c., that functionally limits the number of model
homes to five, to allow one model home for each variant of the residential product proposed in the
project, not to exceed fifteen.
Deviation #2 seeks relief from LDC Section 5.06.02 to allow "boundary marker" signage on property
corners fronting on Immokalee Road. The sign content area for "boundary markers" to be located in the
Residential Tract R, or RA may be 15 feet in height rather than 8 feet in height as limited in LDC
Subsection 5.06.02B.6.b.
Deviation #3 seeks relief from LDC Section 5.03.02.C.2. that limits fence or wall heights to six (6') feet,
to allow fences or walls to be no greater than eight (8') feet throughout the development. Where
associated with Immokalee Road, an 18 -foot tall visual screen may be installed as a wall/berm
combination. Where associated with Woodcrest Drive, a 12 foot tall visual screen may be installed as a
wall/berm combination. (See illustration below)
Deviation #4 seeks relief from Section 6.06.01(0) of the LDC for cul -de -sac and local streets, and LDC
Appendix B, Typical Street Section, B -4 and B -5 which requires 60 feet of right -of -way to allow all
platted project streets to have a minimum 50 -foot right -of -way.
WOODCREST DRIVE BUFFER SECTION
N.T.S.
9.5' WALL (VAY VA -_2Y !N _CCATION AND 'JGNT)
EvL- :��vENT 5� WCODCRCST DRIVE
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r CO 3ULD NC
J
2.J (MAY VARY'- --
NC`i 0 -S RAT!V_ °uR?0S`_S ')VLY FFNCE /`NALL &
-3E <M 1 3':NA. ;C\ S-'A. NCT YrFE% 2, a': \ H;_ IG
Bent Creek Preserve PL- 2011 -1497 June 8, 2012
030008.05.01
Page 11 of 13
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
TRANSPORTATION
The development of this RPUD shall be subject to and governed by the following conditions:
A. Any noise wall, or noise abatement facilities, or structures shall be the sole responsibility of the
developer.
B. Upon being warranted by the County, the developer shall provide a fair share contribution toward
the installation and maintenance of a traffic signal at the intersection of Woodcrest Drive and
Immokalee Road.
C. In order to prioritize the through movement on Woodcrest Drive, both right and left turn lanes
shall be required for the project access point and compensating right -of -way shall be provided
without cost to the County upon plat or site development plan approval.
D. An interconnection to the agriculturally zoned plant nursery to the west of the project may be
appropriate in the future should conditions allow. Therefore, a potential interconnection has been
provided for on the RPUD Master Plan. A shared access point with the Agricultural Zoned
undeveloped parcel at the northeast corner of the project is appropriate. If appropriate and future
conditions allow by a cost - sharing agreement with the owner of the undeveloped parcel, the
developer shall design and construct the shared access with the appropriate development order
application. Any necessary easements will also be dedicated with the development order.
ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed by the
following conditions:
A. A minimum of 23.60 acres of native vegetation are required to be retained or replanted as a native
preserve. Approximately 1.47 acres of the proposed preserve will be recreated native habitat.
PLANNING
A. 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 Centerline
Homes Enterprises Three, 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.
Bent Creek Preserve PL- 2011 -1497 June 8, 2012
Page 12 of 13
030008.05.01
B. Construction of the clubhouse shall commence prior to the issuance of the Certificate of
Occupancy (CO) for the 45th residential dwelling unit. The clubhouse shall be located in the
large RA Tract at the terminus of the entrance road, and interior to the development.
C. Related to Deviation #l, as a part of the application material for every building permit for a
model home, the developer shall provide documentation stating how many model homes are in
existence so that the maximum of fifteen model homes is not exceeded.
PUBLIC UTILITIES
A. The project shall connect to the Collier County Water Sewer District ( CCWSD) potable water
system at a location determined by CCWSD when capacity is available.
B. The project shall connect to the CCWSD wastewater collection and conveyance system at a
location determined by CCWSD when capacity is available.
C. The project shall connect to the CCWSD Irrigation Quality water system at a location
determined by CCWSD when capacity is available.
D. 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 onsite or offsite, the
Developer shall demonstrate to Collier County that adequate capacity is available at the time of
final utilities plan submittal.
E. All customers shall be customers of the Collier County Water Sewer District.
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Page 13 of 13
030008.05.01
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 -26
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 28th
day of June, 2012.
DWIGHT E. BROCK
Clerk of Courts and Clerk, r
Ex- officio to Board, of .,
County Commissioner.'
,V
Teresa Cannon, '
Deputy Clerk