Ordinance 2012-41Ix�t1
ORDINANCE NO. 12- 41
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 2009 -21, THE MIRASOL
RESIDENTIAL PLANNED UNIT DEVELOPMENT, BY
INCREASING THE PERMISSIBLE NUMBER OF DWELLING
UNITS FROM 799 TO 1,121; BY AMENDING ORDINANCE
NUMBER 2004 -41, THE COLLIER COUNTY LAND
DEVELOPMENT CODE BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING
CLASSIFICATION OF AN ADDITIONAL 95 +/- ACRES OF LAND
ZONED RURAL AGRICULTURAL (A) TO THE MIRASOL RPUD,'
BY REVISING THE DEVELOPMENT STANDARDS; - BY
AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS
AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY
IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR
846) BORDERED ON THE EAST BY BROKEN BACK ROAD AND
FUTURE COLLIER BOULEVARD (CR 951) IN SECTIONS 10, 15
AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 1,638.6 + /- ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, IMCOLLIER JOINT VENTURE, represented by Richard D. Yovanovich,
Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County
Commissioners to amend the PUD and change the zoning classification of the additional herein
described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: ZONING CLASSIFICATION
The zoning classification of approximately 95 acres of the herein described real property
located in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida is
changed from a Rural Agricultural Zoning District to the Mirasol Residential Planned Unit
Development (RPUD) Zoning District and when combined with the existing Mirasol RPUD
provides for a 1,638.6 + /- acre project in accordance with the revised Exhibits A -F, attached
hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as
Mirasol RPUD \ PUDZ- A- PL2012 -303 Page I of 2
Rev. 9/26/12
3
described in Ordinance Number 04 -41, as amended, the Collier County Land Development
Code, is /are hereby amended accordingly.
SECTION TWO: EFFECTIVE DATE
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 130- day of N cv e'-n 6 l , 2012.
ATTE §T",'. ...... :
DWIPHT E. NO I CLERK
z . � e u$$y Clerk
A ` t'rsq ;to tilt Q
Approved as to form
and legal sufficiency:
-A
eidi Ashton -Cicko
Managing Assistant County Attorney
Attachments: Exhibit A -
Exhibit B -
Exhibit B2 -
Exhibit C -
Exhibit C2 -
Exhibit D -
Exhibit E -
Exhibit F -
Permitted Uses
Development Standards
Flag Lot Scenario
Location Map
Master Plan
Legal Description
Deviations
Developer Commitments
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: C' Va
FRED W. COYLE, C i a
CP\ 12- CPS - 01158 \48
This or inor- t:4, with the
Secretary of S ?.:re's CffiC-'tt e
(W—Ad ay of
and acknowledgement of that
film rec ived ay
of
Mirasol RPUD \ PUDZ- A- PL2012 -303 rase 2 of 2 By �o�„� c,.rx
Rev. 9/26/ 12
EXHIBIT A
FOR
MIRASOL RPUD
PERMITTED USES:
A maximum of 799 1,121 residential units and a maximum of 36 18 golf course holes may be
developed within the RPUD.
I. Residential /Golf Tracts (RG):
A. Principal Uses:
1. Single - family detached dwelling units.
2. Zero lot line dwelling units.
3 Single family attae e a *Townhouse dwellings.
4. Two - family and duplex dwellings.
5. Multiple - family dwellings.
6. Any other principal use which is comparable in nature with the foregoing uses
and which the Board of Zoning Appeals determines to be compatible in the "RG"
district.
B. Accessory Uses /Structures:
1. Uses and structures customarily associated with principal uses permitted
2. Guest houses.
3. Common area recreation facilities for residential uses. residents and their guests.
4. 4. Open space uses and structures such as, but not limited to, boardwalks, nature
trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness
trails and shelters.
4. 5. Model homes, model home sales centers, weleeme eenters and sales trailers,
including offices for project administration, construction, sales and marketing as
well as resale and rental of units.
6. Golf course, practice areas and ranges, golf cart barns, rest rooms, shelters
snack bars and golf course maintenance yards for residents and their ug ests.
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Last Revised: September 25, 2012
-$r. 7. Golf Club Complex as located on the Master Plan:
i) Retail establishments accessory to the permitted uses in the District
such as, but not limited to, golf, tennis and recreation related sales for
residents and their ug ests.
ii) Restaurants, cocktail lounges, and similar uses intended to serve elub
membefs and elub guests for residents and their ug ests.
iii) Pro - shops, golf club, tennis clubs, and health spas
for residents and their guests.
iv) Golf course, practice areas and ranges, golf cart barns, rest rooms
shelters snack bars and golf course maintenance yards and facilities.
-9 8. Shuffleboard courts, tennis courts, swimming pools, and other types of
accessory facilities intended for outdoor recreation for residents and their guests.
1$: 9. Guardhouses, gatehouses, and access control structures.
++. 10. Essential services, pursuant to the LDC.
. 11. Water management facilities and related structures.
13. 12. Lakes including lakes with bulkheads or architectural or structural bank
treatments.
1+ 13. pParks, recreational facilities, community
centers for residents and their guests.
1-5-. 14. Temporary construction, sales, and administrative offices for the developer,
builders, and their authorized contractors and consultants, including necessary
access ways, parking areas and related uses.
ifr. 15. Landscape features including, but not limited to, landscape buffer berms,
fences and walls.
F7-. 16. Any other accessory use which is comparable in nature with the foregoing
uses and which the Board of Zoning Appeals determines to be compatible in the
"RG" district.
II. Conservation/Preserve Tract:
A. Principal Uses:
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Mirasol RPUD Underline text is added
Last Revised: September 25, 2012
Passive recreation uses limited to the following so long as clearing for such uses
does not result in the reduction of Ppreserve acreage below the minimum
requirement:
i. Boardwalks
ii. Environmental uses (wetland and conservation areas)
iii. Pedestrian bridges
— ii..Equestrian tr ;1
-v-. iv Pervious nature trails except where American Disabilities Act requires
otherwise.
-4. v. Native Wildlife sanctuary
-Vii. vi. Inclement weather shelters, in preserve upland areas only unless
constructed as part of a permitted boardwalk system. The shelters shall be
a maximum of 150 square feet each.
2. Environmental research
3. Drainage and water management facilities subject to all required permits.
4. Any other use which is comparable in nature with the foregoing list or
permitted principal uses, as determined by the Board of Zoning Appeals
through the process outlined in the LDC.
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Last Revised: September 25, 2012
EXHIBIT B
FOR
MIRASOL RPUD
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for land uses within the 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 site development plan (SDP) or subdivision plat.
TABLE I
DEVELOPMENTSTANDARDSFOR
"RG" RESIDENTIAL AREAS
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Last Revised: September 25, 2012
sifl
Clubhouse/
PERMITTED
Single
Zero
Two Family
ley
Multi-
Recreation
USES
Family
Lot
and Duplex
Attaelred
Family
Buildings
AND
Detached
Line
Townhouse* 12
Dwelling * 12
*6
STANDARDS
1
2
3
4
5
6
Principal
Structures
Minimum Lot
5,000 SF
4,000 SF
3,500 SF per
3;5002.000SF
9,000 SF
n/a
Area
lot or unit
*3
Minimum Lot
50' *7
40' *7
35' per lot
3-5-1 20'7
90'
n/a
Width *4 2P
or unit *7
Front Yard
20' *2 *7
'20' *2 *7
20' *2 *7
20' *2 A7
20 *2
25'
Setback
Side Yard
7,52 5' *7
0 or 10'
7.5' *7 *8
7.5' A *8
- 1-31/2 BH *5
5'
Setback *2
*11
*7
Rear Yard
15' *7
15' *7
15' *7
15' A7
15'
0'
Setback *I
Setback From
10' *7
10' *7
10'
10'
10'
20'
Golf Course
Setbacks from
25'
25'
25'
25'
25'
25'
Preserves
Maximum
35'
35'
35'
35'
50' (5 stories
50' (2 stories
Zoned Height
not to
over parking not
*10
exceed 50')
to exceed 50')
*9
Actual Height
45'
45'
45'
45'
65'
75'
*10
Floor Area
1000 SF
1000 SF
1000 SF
1000 SF
750 SF
n/a
Min. Per Unit (S.F.)
Distance
10'
10'
10'
10'
20='/2 SUM
15' or .5 BH
Between
of BH *5
whichever is
Principal
greater *6
Structures
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Mirasol RPUD Underline text is added
Last Revised: September 25, 2012
Front yards for all uses shall be measured as follows:
If the parcel is served by a public road right -of -way, setback is measured from the adjacent right -of -way line.
If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed).
* I - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all
principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval
from the Collier County Engineering Review Section.
*2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for
guest parking other than in private driveways may reduce the front yard requirement to 10 feet for a side entry garage. Multi- family
dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may
reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages
shall be a minimum of23 feet from the edge of sidewalk.
*3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet.
*4 — Minimum lot width may be reduced by 20;% for cul -de -sac lots provided the minimum lot area requirement is maintained.
* 5 - Building distance may be reduced at garages to half the sum of the height of the garages.
*6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on
a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or
preservation boundary.
* 7 - The use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths.
However, neither the minimum lot area, nor the minimum distance between structures may be reduced.
* 8 -Z.ero foot (0') setback for internal units.
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Mirasol RPUD Underline text is added
Last Revised: September 25, 2012
Single
Zero
Two Family
single
Multi-
Clubhouse/
Family
Lot
and Duplex
F
Family
Recreation
Accessory
Detached
Line
Attached awl
Dwelling
Buildings
Structures
Townhouse
*6
Front Yard
SPS *7
SPS *7
SPS
SPS
SPS
SPS
Setback *2
Side Yard
5' *7
0 or 10'
5'
5'
441 1/2 BH
5'
Setback
*7
Rear Yard
40 5' *7
4.0 5' *7
40 5'
40 5'
10'
4-0 5'
Accessory
Setback
*1
Setback From
10'
10'
10'
10'
10'
10'
Preserves
Distance
0' or 10'
0' or 10'
0' or 10'
0' or 10'
0' or 10'
0' or 10'
Between
Accessory
Structures on
the same lot
Distance
0' or W 5'
0' or -l& 5'
0' or W 5'
0' or W 5'
0' or W 5'
0' or -l& 5'
Between
Accessory and
Principal
Structures on
same lot
Maximum
SPS
SPS
SPS
SPS
SIRS 35'
SRS 35'
Zoned Height
*10
Actual Height
SPS
SPS
SPS
SPS
SIPS 45'
SIBS 45'
*10
Front yards for all uses shall be measured as follows:
If the parcel is served by a public road right -of -way, setback is measured from the adjacent right -of -way line.
If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed).
* I - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all
principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval
from the Collier County Engineering Review Section.
*2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for
guest parking other than in private driveways may reduce the front yard requirement to 10 feet for a side entry garage. Multi- family
dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may
reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages
shall be a minimum of23 feet from the edge of sidewalk.
*3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet.
*4 — Minimum lot width may be reduced by 20;% for cul -de -sac lots provided the minimum lot area requirement is maintained.
* 5 - Building distance may be reduced at garages to half the sum of the height of the garages.
*6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on
a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or
preservation boundary.
* 7 - The use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths.
However, neither the minimum lot area, nor the minimum distance between structures may be reduced.
* 8 -Z.ero foot (0') setback for internal units.
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Mirasol RPUD Underline text is added
Last Revised: September 25, 2012
*9 Inclusive of under building parking
*10 Buildings shall not exceed three stories within 1,250 feet of Immokalee Road.
* 1 1 5' side yard setbacks shall apply to lots equal to or lesser than 70' in width. Lots greater than 70' in width will provide 6' side yard
setbacks.
* 12 Maximum length of buildings shall not exceed 300 linear feet.
BH = Building Height
SPS = Same as Principal Structure
Notwithstanding the foregoing, none of the footnotes shall operate as a deviation from the Land Development Code unless they are
listed as deviations on Exhibit E. None of the footnotes operate as deviations from the Collier County Code of Laws and Ordinances.
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Mirasol RPUD Underline text is added
Last Revised: September 25, 2012
I
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J
MCI LOT I
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FLAB LOT I
DENOTES LOT UNE
NOTE:
THIS EKNIRIT IS FOR IUUSTRATIYE PURPOSES
TO SHOW NOW CERTAIN GEOMETRY OF A MEN
TRACT WOULD FACIUME THE IMPLEMENTATION
OF A 'FLAO LOT' DESl6N LAYOUT.
0 50 1O0 200
SCALE IN FEET
I.M. COLLIER JOINT VENTURE
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1BARBER &
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Professional Engineers, Planners & Lind Surveyors
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BUILOINC FOOTPRINT
FLAG LOT
I
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MIRASOL PUDA
FLAG LOT SCENARIO EXHIBIT 'B2'
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Mirasol RPUD Underline text is added
Last Revised: September 25. 2012
7
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SEE SHEET # 2 FOR CONTINUATION
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EXHHI3rF "C2"
SHEET I OF 3
Fa.E NAME: 27600BMMdwB
17DAT7111): 2011-09 -25
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Mirasol RPUD Underline text is added
Last Revised: September 25, 2012
N
CONCEPTUAL
MASTER PLAN
EXHIBIT "C2"
SHEET 2 OF 3
PILE NAM& 27600602 dw�
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Mirasol RPUD Underline text is added
Last Revised: September 25, 2012
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EXHIBIT "C2"
SHEET 2 OF 3
PILE NAM& 27600602 dw�
iJPDATBd 2012-023
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Mirasol RPUD Underline text is added
Last Revised: September 25, 2012
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S
L CONCEPTUAL LAKE LOCATIONS
* R/G RESIDENTIAL / GOLF
0 PRESERVE
RIGHT -OF -WAY
* LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO
RELOCATION IN ACCORDANCE WITH THE LOC.
SPECIAL NOTES:
0 WHERE APPLICABLE ALONG PROJECT BOUNDARY AND UNLESS
OTHERWISE NOTED PRESERVE AREAS SHALL SERVE AS BUFFERS.
IF AFTER EXOTIC REMOVAL THE PRESERVE VEGETATION FAILS TO
MEET MINIMUM CODE BUFFER STANDARDS ADDITIONAL PLANT
MATERIAL $HALL BE REQUIRED.
NATIVE HABITAT SUMMARY:
EXISTING NATIVE HABITAT = 895.6 As. t
REQUIRED NATIVE HABITAT = 537.4 As. ±
PROVIDED NATIVE HABITAT (ON SITE) = 537.4 As. --
ACREAGE SUMMARY:
SECTION 22 = 425.8 Aa. ±
SECTION 15 = 634.6 Ae. t
SECTION 10 = 578.2 As. ±
TOTAL = 1,638.6 Ae. t
TOTAL AREA OUTSIDE DEVELOPMENT BOUNDARY = 928.8 As. t
TOTAL AREA WITHIN DEVELOPMENT BOUNDARY = 709.8 Ac -t
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SHEET 3 OF 3
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UPDATRD: 2012-09 -25
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Mirasol RPUD (inderline text is added
Last Revised: September 25, 2012
EXHIBIT D
FOR
MIRASOL RPUD LEGAL DESCRIPTION
ALL THAT PART OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA;
LESS AND EXCEPTING THE FOLLOWING FOUR (4) PARCELS:
1) THE SOUTH %2 OF THE NORTHEAST ' /4 OF THE NORTHWEST' /4,
2) THE SOUTH '/2 OF THE SOUTHEAST '/4 OF THE SOUTHEAST ' /a,
3) THE NORTHEAST '/4 OF THE SOUTHEAST '/a OF THE SOUTHEAST '/4,
4) THE EAST HALF OF THE NORTHWEST' /4 OF THE SOUTHEAST' /4 OF THE SOUTHEAST 1/4
AND
ALL OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA
AND
ALL THAT PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS;
THE NORTHEAST/40F THE NORTHWEST '/4, AND THE EAST '/2 OF THE NORTHWEST '/a OF
THE NORTHWEST 1/4,
THE WEST/ 20F THE SOUTHEAST' /4 OF THE NORTHWEST 1/4,
THE EAST/ 20F THE NORTHWEST/ 40F THE SOUTHEAST 1/4,
THE EAST V2 OF THE SOUTHEAST/ 40F THE NORTHWEST '/,,
THE NORTHWEST '/4 OF THE NORTHEAST '/4; AND THE WEST '/2 OF THE NORTHEAST '/4 OF
THE NORTHEAST '/4,
THE EAST '/2 OF THE NORTHEAST/40F THE NORTHEAST '/4,
THE WEST'' /2 OF THE SOUTHWEST/ 40F THE NORTHEAST 1/4,
THE EAST %2 OF THE SOUTHWEST/ 40F THE NORTHEAST 1/4,
THE EAST/20F THE NORTHEAST/40F THE SOUTHWEST '/4,
THE EAST/20F THE WEST/20F THE SOUTHEAST/40F THE SOUTHWEST '/4,
THE WEST %2 OF THE EAST' /2 OF THE SOUTHEAST' /4 OF THE SOUTHWEST' /4,
THE EAST % OF THE EAST/20F THE SOUTHEAST/40F THE SOUTHWEST '/a
THE NORTH '/2 OF THE WEST '/2 OF THE NORTHWEST '/4 OF THE SOUTHEAST '/4,
THE SOUTHWEST/40F THE NORTHWEST '/a OF THE SOUTHEAST '/4,
THE WEST' /2 OF SOUTHWEST/ 40F THE SOUTHEAST '/4,
THE WEST 3/4 OF THE EAST/20F THE SOUTHWEST '/4 OF THE SOUTHEAST '/4,
THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
AND
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Last Revised: September 25, 2012
THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
AND
THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
AND
THE EAST HALF OF THE EAST HALF OF THE NORTH '/2 OF THE EAST HALF OF THE
SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
AND
THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA,
AND
EAST HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE
NORTHWEST ONE QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, LESS THE EAST HALF OF THE EAST HALF OF THE NORTH
HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE
QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
CONTAINING 1638 ACRES, MORE OR LESS.
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EXHIBIT E
FOR
MIRASOL RPUD
DEVIATIONS
1. Deviation #1 seeks relief from Appendix B of the LDC Section 6.06.01.0, entitled
"Typieal Street — See -tie d Right of way ;e;gn— Standerds'i which requires cul -de -sacs
and local streets to have a minimum sixty (60') right -
of -way width and two (2) ten foot (10') wide travel lanes, to allow a minimum right -of -way width
of 40' for private local streets and fifty fee 50' for private spine,
roads.
2. Deviation #2 seeks relief from LDC Section 6.06.01.J. Street System Requirements, to allow
cul -de -sacs in excess of 1,000' in length. For any cul -de -sac exceeding 488 1,600 feet in length, the
roadway must include at approximately 4-,4A8 1,600 feet intervals design features which provide for
the ability of emergency vehicles to turn around. Traffic roundabouts, eyebrows, hammerheads or
similar design features shall be allowed.
3. Deviation #3 seeks relief from LDC Section 6.06.01.Q. Street System Requirements, which
requires that street name markers shall be approved by the County Manager or designee for
private streets or in conformance with U.S.D.O.T.F.H.W.A. This requirement shall be waived.
However, breakaway posts shall be used.
4. Deviation #4 seeks relief from LDC Section 6.06.01.R. Street Requirements, which requires that
street pavement painting, striping and reflective edging of public roadway markings shall be
provided by the developer as required by the U.S.D.O.T.F.H.W.A. This requirement shall be
waived for private roadways . Traffic circulation signage shall be in conformance
with U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Device standards.
5. Deviation #5 seeks relief from LDC Section 4.05.04.H, which reauires 1 Darkine space Der 200
square feet of office /lobby /pro shop /health club/ clubhouse /lounge /snack bar/dining/meeting room
associated with golf courses. The requested deviation is to allow for 3 parking spaces per 1,000
square feet of office /lobby /pro shop /health club /clubhouse /lounge /snack bar /dining/meetin room
associated with the proposed golf course. Parking spaces for golf course holes exterior recreation
uses, and maintenance buildings will be provided per the LDC.
6. Deviation #6 seeks relief from LDC Section 4.06.04.A, which limits the developer to 100 acres of
residential, commercial, or industrial lots or building sites to store excess fill generated by lake
excavations within the PUD. The requested deviation is to allow the developer to clear up to 300
acres of residential, commercial, or industrial lots or building sites to store excess fill generated by
lake excavations within the PUD or project where the excavation is taking place. This is not a
deviation from the Collier County Excavation Ordinance.
7. Deviation #7 seeks relief from LDC Section_ 5,03.02.C, which permits a maximum wall height of 6'
in residential zoning districts. The requested deviation is to allow a maximum wall height of 8'
throughout the development. Where abutting an existing or future public roadway, a 20' tall wall
berm, or combination wall /berm is permitted.
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8. Deviation #8 seeks relief from LDC Section 5.04.04.13.5, which permits a maximum of five (5)
model homes, or a number corresponding to ten (10) percent of the total number of platted lots,
whichever is less, per platted approved development prior to final plat approval. The requested
deviation is to allow for a maximum of six (6) model homes per development tract, not to exceed
forty (40) model homes within the overall RPUD. As 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 forty (40) model homes is not exceeded.
9. Deviation #9 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs
residentially zoned properties up to 4 square feet in area or 3 feet in height. The requested deviation
is to allow a temporarLsign 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.
10. Deviation #10 seeks relief from LDC Section 5.06.02.B.2, which permits one (1) real estate pole
sign per street frontage that is setback a minimum of 10' from any property line. The requested
deviation is to allow for a maximum of two (2) real estate pole signs per street frontage setback a
minimum of 5' from the property line along Immokalee Road only.
11. Deviation #11 seeks relief from LDC Section 5.06.02.B.5, which requires on- premise directional
signs to be setback a minimum of 10' from internal property lines. The requested deviation is to
allow for on- premise direction signage to be setback a minimum of 5' from internal property lines.
This deviation does not apply to property adiacent to public roadways.
12. Deviation #12 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per
entrance to the development with a maximum height of 8' and total sign area of 64 s.f. per sign.
The requested deviation is to allow for two (2) ground signs per proiect entrance with a maximum
height of 10' and total sign area of 80 s.f. per sign.
13. Deviation #13 seeks relief from LDC Section 5.06.02.13.6, which permits two (2) ground signs per
entrance to the development. The requested deviation is to allow for one (1) ground sign at the
property corners fronting on existing and proposed public roadways that provide access to the
project, in addition to two (2) ground signs at each project entrance. The proposed ground signs at
property corners, commonly referred to as "boundary markers ", will be permitted at a maximum
height of 10' and sign area of 32 s.f. per sign.
14. Deviation #14 seeks relief from LDC Section 6.06.02.A, which requires sidewalks on both sides of
roadways internal to the site. The requested deviation is to allow for an 8' wide sidewalk on one
side of the private spine road as shown on the PUD master plan, and 5' wide sidewalks on one side
of all other private, local roadways internal to the development that service residential units on one
(1) side of the roadway, and /or terminate in a cul -de -sac up to a maximum length of 2,500 I.f.
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15. Deviation #15 seeks relief from LDC Section 10.02.04.0 which limits the developer to one (1) Site
Development Plan submittal for concurrent review with the final plat at such time as the applicant
submits the response to the first staff review comments. The requested deviation is to allow for a
maximum of three (3) Site Development Plan submittals for concurrent review with the final plat at
such time as the applicant submits the response to the staff review comments.
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EXHIBIT F
FOR MIRASOL RPUD
LIST OF DEVELOPER COMMITMENTS
Regulations for development of the Mirasol RPUD shall be in accordance with the contents of this
RPUD Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect
at the time of issuance of any development order in which said regulations relate. Where this RPUD
Ordinance does not provide development standards, then the provisions of the specific sections of the
LDC that are otherwise applicable shall apply.
A. RPUD MASTER PLAN
Exhibit "C2 ", the RPUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or special land use
boundaries, shall not be construed to be final and may be varied at any subsequent
approval phase such as platting or site development plan application. Subject to the
provisions of Section 10.02.13 of the LDC, RPUD amendments may be made from
time to time.
B. TRANSPORTATION
1. Upon the County's adoption of a CR -951 extension corridor alignment, and within
180 days of the County's request, the Developer- Owner, its successors or assigns,
shall dedicate to County fee simple right -of -way for the roadway and drainage system
at the pfedetefmined amount of $45,000 agreed upon appraised value per acre, for
those areas located outside the limits of the residential /Golf Course areas depicted as
"R/G" on the PUD master plan.
Upon recordation of the deed or other conveyance instrument in the public records of
Collier County for the dedication of the right -of -way, the Developer shall become
eligible for Transportation Impact fee credits in accordance with the consolidated
impact fee Ordinance in effect at the time of recordation of the dedication. If the
project is built out or has prepaid transportation Impact Fees to be assessed for the
project, then the Developer or its successors or assigns shall be eligible to request cash
reimbursement.
The Developer shall not be responsible to obtain or modify any permits on behalf of
the County related to the extension of CR -951.
2. The Developer shall construct a 10' multi -use pathway to be located along the
Immokalee Road right -of -way on the North side of the Cocohatchee Canal as a part of
the entrance construction. Completion of construction of the pathway shall be
completed concurrently with the vehicular connection to the existing bridge over the
Cocohatchee Canal.
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the tefms ef that agfeement, the p.-J--t iested fef 799 dwelling units for- the
pufpeses of tfanspeAatien eeneuFfen As set forth by the Mirasol PUD Developers
Contribution Agreement (DCA), dated May 3, 2007, the Developer was responsible
for a total financial commitment of $3,229,588.00; and upon satisfaction, Mirasol
would be vested for transportation concurrency for 799 residential units. The
Developer satisfied the financial commitment by funding improvements to the
Immokalee Road - Collier Boulevard intersection, which were completed by March 31,
2009 at a cost of $3,187,912.68 and the remaining balance of $41,645.32 was paid to
the County. A letter confirming satisfaction of the financial obligations and project
vesting was issued by Collier County on April 23, 2009.
The Developer, its successors, or assigns, agree that at the time of ffiny-subsequer�t
Development Or-def a al within issuance of a building _pg!M t for the 46e residential
dwelling unit authorized by this PUD, or commencement of construction of the
intersection improvements, the Developer, or its successors or assigns, shall be
responsible for their respective fair share of the North leg of the CR -951 /Broken
Back Road intersection with Immokalee Road, which includes modification,
replacement, or relocation of the at -grade bridge crossing the Cocohatchee Canal.
5. The development shall be limited to a maximum of 781 Two Way, unadiusted PM
Peak hour trips.
6. The Developer may use the eastern entrance from Broken Back Road/Collier
Boulevard as shown on the master plan for "construction- only" traffic upon issuance
of a County road right -of -way permit for temporary access. Developer shall be
required to install a stabilized road base and provide for dust abatement measures for
the construction traffic.
7. At the time that Developer applies for a road right-way-permit for a permanent
eastern entrance from Broken Back Road/Collier Boulevard as shown on the master
plan, Developer shall construct at its cost the two northbound lanes of a future four
lane road design of Broken Back Road/Collier Boulevard (CR -951) from the
Quarry's north entrance (alternatively, from its terminus that may be north of the
Quarry's entrance as a result of road construction by others for their site specific
access needs) to the Mirasol project's eastern entrance. The roadway shall be
constructed in accordance with the design standards includin doge features and
sidewalks of a two -lane collector roadway as s required by the Collier County LDC
and Code of Laws and Ordinances at the time of issuance of the road right of way
permit. The Developer will be required to construct only those site access
improvements such as turn lanes along Broken Back Road/Collier Boulevard (CR-
951) that are specific to the Mirasol project. In the event the County at time of
issuance of the road right of way permit requests improvements to Broken Back
Road/Collier Boulevard (CR -951) that exceed the collector standards of the LDC
and Code of Laws and Ordinances, then Developer shall be eligible for impact fee
credits for those additional improvements. The County will accept the roadway by
Resolution for ownership and maintenance one (1)year after acceptance of the
construction of the roadway. The Developer shall not be required as part of this PUD
to provide for offsite treatment and storage of stormwater for Broken Back
Road/Collier Boulevard (CR -951) outside of the County's road right of way. The
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stormwater is planned to be conveyed to the Quarry for storage /treatment or to
another off -site location as directed by Collier County_
C. ENVIRONMENTAL
21.
done through a mix of on site and off site pr-esen,atien. The project shall retain a
minimum of 537.4 acres of native vegetation on -site in compliance with the Growth
Management Plan. Easements or ROW created for access to outparcels within the
preserve or for future extension of the CR -951 corridor shall not cause the preserve to
fall below the minimum native vegetation retention requirement.
D. EXCAVATION
Excavation activities shall comply with the definition of a commercial or
development excavation pursuant to Section 22 -106 of the Code of Laws and
Ordinances of Collier County Florida. The entire water management pass -thru
will be constructed at one time as per South Florida Water Management permit
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. -
..
D. EXCAVATION
Excavation activities shall comply with the definition of a commercial or
development excavation pursuant to Section 22 -106 of the Code of Laws and
Ordinances of Collier County Florida. The entire water management pass -thru
will be constructed at one time as per South Florida Water Management permit
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#11-02031-P, as amended, prior to the residential development under an
administratively issued "development" excavation permit as long as no more
than 20,000 c.y. of material is removed off -site. As per Section 22 -106 of Code
of Laws and Ordinances, a commercial excavation permit will be required for
removing more than the approved 20,000 c.y. of material off -site.
E. OUTPARCEL IN SECTION 10
A temporary access easement shall be granted by the Owner to the owner of
parcel number of 00178760007, at a location specified by IM Collier Joint
Venture it's successors and assigns. At such time that the northern portion of the
Mirasol RPUD has access to a public road, the developer shall provide
reasonable access from the parcel number 00178760007 across the Mirasol
RPUD to the public road. Both the temporary and permanent easements shall be
granted to the owner of this parcel, at no cost to the County or the owner of this
outparcel.
F. UTILITIES
1. The developer shall connect to the Collier County Water Sewer District ( CCWSD)
potable water system at a location determined by CCWSD when capacity is available.
2. The developer shall connect to the CCWSD wastewater collection and conveyance
system at a location determined by CCWSD when capacity is available.
3. The developer shall connect to the CCWSD Irrigation Quality water system at a location
CCWSD when capacity is available.
G. PLANNIN
The developer shall complete construction of the golf course and temporary golf
pro shop /locker room prior to the issuance of certificate of occupancy for the
100 dwelling unit. The developer shall complete construction of the permanent
solf pro shop /locker room prior to the issuance of certificate of occupancv for
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Last Revised: September 25, 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 -41
which was adopted by the Board of County Commissioners
on the 13th day of November, 2012, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of November, 2012.
DWIGHT E. BROCi£
Clerk of Courts:.and ClerX ,
Ex- officio to $oard of,"-'
County Commissior4p
y: CaCannon annon,
Deputy Clerk