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Ordinance 2012-29E,t1U z01z ORDINANCE NO. 12 - 2 9 'AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 07 -71, THE NAPLES RESERVE GOLF CLUB RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD), TO REMOVE A GOLF COURSE FROM THE RPL);� PROVIDING FOR AMENDMENTS TO PERMITTED USI' PROVIDING FOR AMENDMENTS TO DEVELOPMEN'l� -` STANDARDS; PROVIDING FOR AMENDMENTS TO MASTt -k.- PLAN; PROVIDING FOR AMENDMENTS TO LIST �C, REQUESTED DEVIATIONS FROM LDC; PROVIDING FqW- AMENDMENTS TO LIST OF DEVELOPER COMMITMENT, AND PROVIDING AN EFFECTIVE DATE. SUBJECT PROPER - IS LOCATED ONE MILE NORTH OF US 41 AND 1 -1/2 MI LS EAST OF COLLIER BOULEVARD (CR 951) IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 688 + /- ACRES. c 1� r-- E�e 0 WHEREAS, on November 13, 2007, the Board of County Commissioners approved Ordinance No. 07 -71, which established the Naples Reserve Golf Club Residential Planned Unit Development (RPUD); and WHEREAS, Dwight Nadeau, AICP, of RWA, Inc. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., representing SFI Naples Reserve, LLC, petitioned the Board of County Commissioners of Collier County, Florida to amend Ordinance 07 -71, the Naples Reserve Golf Club RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION 1: AMENDMENTS TO EXHIBIT A, LIST OF ALLOWABLE USES, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The List of Allowable Uses, previously attached as Exhibit A to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit A, List of Allowable Uses, attached hereto and incorporated by reference herein. Naples Reserve / PL2011 -1 168 Page 1 of 3 Rev. 4/20/12 Words sly are deleted; words underlined are added. SECTION II: AMENDMENTS TO EXHIBIT B, DEVELOPMENT STANDARDS TABLE, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The Development Standards Table, previously attached as Exhibit B to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit B, Development Standards, attached hereto and incorporated by reference herein. SECTION III: AMENDMENTS TO EXHIBIT C, MASTER PLAN, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The Master Plan, previously attached as Exhibit C to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit C, Master Plan, attached hereto and incorporated by reference herein. SECTION IV: AMENDMENTS TO EXHIBIT E, LIST OF REQUESTED DEVIATIONS FROM LDC, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The List of Requested Deviations from LDC, previously attached as Exhibit E to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit E, List of Requested Deviations from LDC, attached hereto and incorporated by reference herein. SECTION V: AMENDMENTS TO EXHIBIT F, LIST OF DEVELOPER COMMITMENTS, OF ORDINANCE NUMBER 07 -71, NAPLES RESERVE GOLF CLUB RPUD The List of Developer Commitments, previously attached as Exhibit F to Ordinance Number 07 -71, the Naples Reserve Golf Club RPUD, is hereby amended and replaced with a new Exhibit F, List of Developer Commitments, attached hereto and incorporated by reference herein. SECTION VI: EFFECTIVE DATE Except as amended herein, the remaining provisions within Collier County Ordinance No. 07 -71 remain in full force and effect. This Ordinance shall become effective upon filing with the Department of State. Naples Reserve / PL201 1 -1168 Page 2 of 3 Rev. 4/20/12 Words stmek through are deleted, words underlined are added. PASSED AND DULY ADOPTED by super- majority vote by the Board of County Commissioners of Collier County, Florida, this 2rday of I , 2012. ATTFSTV ^ s 0061I E. Bkf)CK, CLERK By: Deputy C1 k Approved as to form and legal sufficiency: 4" "--C L� even T. Williams Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B_ 7 Y: FRED COYLE, Chairman Attachments: Exhibit A — List of Allowable Uses Exhibit B — Development Standards Exhibit C — Master Plan Exhibit E — List of Requested Deviations Exhibit F — List of Developer Commitments 1 1- CPS - 01115/ 18 This ordinance filed with the Secretary of S a�1e s Offic�e,�.� the �oy of _ _, �2 and acknowledgement of ihat fili receiv d -h is �. day of 11 By oevuly Naples Reserve / PL201 1 -1 168 Page 3 of 3 Rev. 4/20/12 Words stMe-k thfough are deleted; words underlined are added. EXHIBIT A PROJECT LAND USE TRACTS TYPE TRACT "R" RESIDENTIAL TRACT "RA" RECREATION AREA TRACT "P" PRESERVE UNITS/FT. ACREAGE± 1154 592.8 0 31.6 0 63.7 TOTAL: 688.1 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) Villa/patio dwellings (detached single - family dwellings of a smaller scale than the typical single - family detached dwelling); 4) Multi- family dwellings; 5) Model homes; 6) Commercial excavations for all lakes identified as "L" on Exhibit C — RPUD Master Plan (subject to Exhibit F: List of Developer Commitments, Transportation Item D); 7) Project sales, construction and administrative offices, which may occur in residential, and/or in temporary structures. 8) 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). Naples Reserve PL- 20110001168 06/07/2012 Page I of 11 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) Polling place if deemed warranted by the Supervisor of Elections. 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); 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) 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. Naples Reserve PL- 20110001168 06/07/2012 Page 2 of 11 EXHIBIT B DEVELOPMENT STANDARDS GENERAL: Development of The Naples Reserve 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 1154 residential dwelling units permitted which provides for a maximum gross density of 1.67 dwelling units per acre. A minimum of 612 Transfer of Development Rights Credits shall be obtained to achieve the maximum gross density. SIGNS For the purposes of this RPUD, the LDC provisions from Section 5.06.02.13.6. are applicable for off - premise signage. Please see Deviation #2 in Exhibit E. This off -site signage opportunity may only be implemented after such signage is allowed in the Walnut Lakes PUD. Naples Reserve PL- 20110001168 06/07/2012 Page 3 of 11 TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY PATIO HOME MULTI- CLUBHOUSE/ MINIMUM LOT AREA DETACHED ATTACHED & & VILLAS FAMILY RECREATION SIDE UNIT TOWNHOUSE UNIT UNIT BUILDINGS PRINCIPAL STRUCTURES MINIMUM LOT AREA 6,000 S.F. PER 2,250 S.F. PER 5,000 S.F. PER 2,250 S.F. PER 10,000 S.F. SIDE UNIT UNIT UNIT UNIT 1/2 BH MAXIMUM LOT AREA 1 Acre N/A N/A N/A N/A MINIMUM LOT WIDTH 40 FEET 25 FEET 25 FEET 25 FEET N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F 1,000 S.F. /D.U. N/A MIN FRONT YARD 20 FEET* 20 FEET 20 FEET 20 FEET* 25 FEET MIN SIDE YARD 6 FEET 0 FEET or 3 FEET or GREATER OF 10 GREATER OF MAX. BUILDING HEIGHT NOT 35 FEET 6 FEET 9 FEET ** FEET OR 1/2 BH 15 FEET OR 1/2 TO EXCEED (ZONED) BH, MIN REAR YARD 15 FEET 15 FEET 15 FEET 15 FEET GREATER OF 15 MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET FEET OR 1/2 BH 25 FEET MIN. DISTANCE BETWEEN 12 FEET 12 FEET 12 FEET GREATER OF 20 GREATER OF 15 STRUCTURES FEET OR 1/2 THE FEET OR 1/2 BH SUM OF BH MAX. BUILDING HEIGHT NOT 35 FEET 40 FEET 35 FEET 55 FEET 50 FEET TO EXCEED (ZONED) MAX. BUILDING HEIGHT NOT 45 FEET 50 FEET 45 FEET 65 FEET 60 FEET TO EXCEED (ACTUAL) ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. S.P.S. 1/2 BH REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 5 FEET 10 FEET (DETACHED) 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE 12 FEET 12 FEET 12 FEET 12 FEET Greater of 15 BETWEEN STRUCTURES MAX. BUILDING HEIGHT NOT 35 FEET 35 FEET 35 FEET 35 FEET feet or 1/2 BH 40 FEET TO EXCEED (ZONED) MAX. BUILDING HEIGHT NOT 45 FEET 45 FEET 45 FEET 45 FEET 50 FEET TO EXCEED (ACTUAL) S.P.S. = Some 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 * *: A three (3') foot setback shall be permitted only where nine (9') feet is provided on the adjacent lot. Naples Reserve PL- 20110001168 06/07/2012 Page 4 of I 1 PRO: LI' 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 internal to a structure, when more than one residential unit is in a single structure (i.e.: attached single- family and townhomes). Varying side yards are provided to allow side entry garages and to maintain the required separation between buildings. 3) Terraced setbacks are permitted for either two or three story multi - family structures. Setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot building wall setback is provided as depicted in Figure 1 below. 4) 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. 5) 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. Naples Reserve PL- 20110001168 r iguit 1 06/07/2012 Page 5 of 11 EXHIBIT C MASTER PLAN (` _ rAR1W1T OlaVM10f4D .. E- i l� r w a a � i a Naples Reserve PL- 20110001168 }�Y " {A R #' _y C ' t --- IA S 9 s Tflt 06/07/2012 Page 6 of 11 2 t 9 i A V y i, P1 mil a , n 8 P� z Ttl it s v R Q x � y a < Y� Naples Reserve PL- 20110001168 }�Y " {A R #' _y C ' t --- IA S 9 s Tflt 06/07/2012 Page 6 of 11 EXHIBIT D Legal Description All of Section 1, Township 51 South, Range 26 East, Collier County, Florida Naples Reserve PL-20110001168 06/07/2012 Page 7 of 11 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC Deviation #1 seeks relief from LDC Section 5.04.04.B.5.c., that limits the number of model homes to allow one model home for each variant of the residential product proposed in the project. The number of model homes may exceed five for each phase or community within the project, but shall not exceed a total of fifteen. Deviation #2 seeks relief from LDC Section 5.06.02 13.6. that allows ground/residential entrance signage only on -site within residential zoning districts, to allow ground/residential entrance signage outside of the residential zoning district that the signage will serve. This off -site ground/residential entrance signage shall be permitted in close proximity to the US -41 Right -of -Way within the Walnut Lakes PUD. This deviation may only be implemented upon such signage being allowed by the Walnut Lakes PUD. Naples Reserve PL- 20110001168 06/07/2012 Page 8 of 11 EXHIBIT F LIST OF DEVELOPER COMMITMENTS TRANSPORTATION The development of this RPUD shall be subject to and governed by the following conditions: A. The RPUD Master Plan reflects a 100' wide reservation for dedication along the western boundary of the RPUD. Should the County find that it is appropriate to improve that corridor, the Developer, its successor, or assigns shall agree to be a part of a joint permit application with Collier County for the specific purpose of modifying the existing conservation easement. All costs associated with the potential conservation easement modification, including any required mitigation shall be the responsibility of the County. The 100' reservation shall be dedicated to the County at no cost, and in fee simple title within 180 days of the County's request. The developer shall provide a storm water management system within the RPUD boundary for treatment/retention of storm water from the 100 foot reservation area. B. The Developer agrees to provide mitigation for traffic impacts as detailed in the companion Developer's Contribution Agreement [DCA] in order to provide consistency with policy 5.1 of the Transportation Element of the Growth Management Plan." The DCA provides for improvements to the intersection of US -41 and Collier Boulevard, and/or US -41 east of Collier Boulevard. C. If warranted and approved by the County, the developer shall be responsible for the proportionate fair share cost of a traffic signal, or turn lane extension/expansion, at the intersection of Naples Reserve Boulevard and US41 Tamiami Trail. If Naples Reserve Boulevard should become a Public Roadway in the future, then the proportionate share requirement shall apply to this development's entrance where it intersects with Naples Reserve Boulevard. Upon completion of the installation, inspection, burn -in period and final approval /acceptance of traffic signal at either location mentioned in the previous paragraph, ownership and maintenance of the signal shall be turned over to Collier County. Any negotiations relevant to fair share payments or reimbursements from any and all other neighboring developers /property owners that directly benefit from said traffic signal, will be determined based upon the percentage of usage /impact." D. Excavated material in an amount up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated may be removed from the development with no prohibition as to the destination of the material. Excavated material in excess of up to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated, may be removed from the development and be transported off -site only for use in the US -41 roadway widening project from the intersection of US 41 and Collier Boulevard to the intersection of US 41 and CR 92, and subject to the excavation provisions from the Code of Ordinances as may be amended, however the following paragraph will continue to apply: "Issuance of commercial excavation permits. Applications for commercial excavation permits shall be reviewed by the community development and environmental services administrator, or his designee, and by the environmental advisory council for recommendation and approved by the board. When a request is made to remove surplus fill material from a previously approved development excavation, the requirement for review by the environmental advisory council shall be waved, but dependent on haul route and amount of fill to be hauled, staff may require approval by Collier County Planning Commission." E. At project buildout, a secondary access point for resident use shall be provided off of Greenway Road. Naples Reserve PL-20110001168 06/07/2012 Page 9 of t 1 ENVIRONMENTAL The development of this RPUD Master Development Plan shall be subject to and governed by the following conditions: A. The Naples Reserve RPUD shall preserve 63.7 acres of vegetated areas consistent with the Land Use Summary on Exhibit C RPUD Master Plan. PLANNING A. In order to increase residential density above the base density allowed in the Urban-Mixed Use District, Residential Fringe Subdistrict and the Agricultural/Rural - Rural Fringe Mixed Use District, Receiving Lands, 612 TDR Credits shall be severed from qualifying Sending Lands, of which a minimum of 311 TDR Credits shall be severed from Sending Lands within one mile of the Urban Area. B. 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 SFI Naples Reserve, 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 are closed -out, then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. C. Construction of the clubhouse will commence prior to the issuance of the Certificate of Occupancy (CO) for the 231' residential dwelling unit. WATER MANAGEMENT A. Constructed drainage facilities and structures shall be located outside the boundaries of conservation easements /preserves. B. The project's stormwater management system shall be designed to fully contain the 100- year /72- hour design storm event with a regulated discharge rate not to exceed 0.08 cfs /acre and no increase in total volume of discharge. C. All elevations shall be based on the North American Vertical Datum (NAVD). UTILITIES AND ENGINEERING A. The owner shall reserve four areas to potentially be dedicated to the Collier County Water -Sewer District for raw water well easements with dimensions of 100 -foot by 100 -foot each, along with utility/access easements that shall be 20 feet wide, or less if the well site is contiguous to a public right -of -way. The approximate locations of these four proposed easements are depicted on the Naples Reserve PL- 20110001168 06/07/2012 Page 10 of 11 proposed Master Plan. One of these four wells may be used as a test well and converted to a production well. The test well will not be converted into a production well until the water management lakes proposed near the test well are constructed in accordance with the 50 foot setback standard. No additional production wells will be installed until the project's water management lakes have been constructed or the year 2027, whichever is earlier. Upon request of the Collier County Water- Sewer District, the owner shall convey to the Collier County Water- Sewer District the requested utility/access easements and raw water well easements within 60 days, free and clear of all liens and encumbrances. The Collier County Water- Sewer District shall pay the owner $15,930 per acre for those easements that are conveyed or dedicated to the Collier County Water- Sewer District. If all or some of the conveyances have not been requested by the Collier County Water- Sewer District at the earlier of Site Development Plan ( "SDP ") and/or final construction plans and plat ("PPL ") approval or within six years of approval of this Ordinance, then the reserved areas shall be deemed released. At the time of the SDP and/or PPL submittal, the owner shall show the well site reservations applicable to the area within the SDP and/or plat. During the review of the SDP and /or PPL, the Collier County Water- Sewer District shall decide at that time whether it will request the dedication of the utility/access easement. Failure to request the utility/access easement shall be deemed a release of the utility/access easement and the final SDP and/or PPL shall be approved without the utility/access easement. Naples Reserve PL-20110001168 06/07/2012 Page 11 of 1 I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2012 -29 which was adopted by the Board of County Commissioners on the 24th day of July, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of July, 2012. DWIGHT E. BROCK,C4FR3.y- Clerk of Cou�ss,.•and Cl,e:k. Ex- officio ts© .&oard -of _- County Commi)o$i -oners i1 C. . 4 By: Martha Vergara, Deputy Clerk