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Ordinance 2014-35 ORDINANCE NO. 14- 3 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NO. 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH ESTABLISHED THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A RURAL AGRICULTURAL ZONING DISTRICT (A), A RURAL AGRICULTURAL ZONING DISTRICT WITH AN ST OVERLAY (A-ST), A RURAL AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE MIXED USE SENDING LANDS OVERLAY AND NATURAL RESOURCE PROTECTION OVERLAY (A-RFMUD-NRPA), AND AN AGRICULTURAL ZONING DISTRICT WITH A RURAL FRINGE MIXED USE SENDING LANDS OVERLAY AND SPECIAL TREATMENT OVERLAY AND NATURAL RESOURCE PROTECTION AREA OVERLAY (A-RFMUD-ST-NRPA) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW UP TO 590 DWELLING UNITS FOR A PROJECT TO BE KNOWN AS THE WILLOW RUN RPUD ON PROPERTY LOCATED AT 9220 COLLIER BOULEVARD IN SECTIONS 11, 12, 13 AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 559± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. (PUDZ-PL20130000682) WHEREAS, D. Wayne Arnold of Q. Grady Minor and Associates, P.A., representing Joseph D. Bonness, III, as Trustee for the Willow Run Land Trust, 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: Zoning Classification. The zoning classification of the herein described real property located in Sections 11, 12, 13 and 14, Township 50 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District (A), a Rural Agricultural Zoning District with an ST Overlay (A- ST), a Rural Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay and Natural Resource Protection Overlay (A-RFMUD-NRPA), and an Agricultural Zoning District with a Rural Fringe Mixed Use Sending Lands Overlay and Special Treatment Overlay and Natural Resource Protection Area Overlay (A-RFMUD-ST-NRPA) to a Residential Planned [13-CPS-01255/852078/1]27 Willow Run RPUD-PUDZ-PL20130000682 Page 1 of 2 Rev.8/13/14 0 Unit Development (RPUD) Zoning District for a 559± acre parcel to be known as the Willow Run RPUD 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. SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by sum-majority yote of the Board of County Commissioners of Collier County, Florida,this 031 day of Spvl-rr-i , 2014. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT E.BROCK, CLERK COLLIER CP► TY, FLORIDA By: .� Dr dr" b .i ' } _ $ TOM HE ING, , ,'man Attu ,,t signafitre41$1. Approved as to form and legality: H idi Ashton-Cicko S.0 Managing Assistant County Attorney Attachments: Exhibit A— Permitted Uses Exhibit B—Development Standards Exhibit C—Master Plan (5 pages) Exhibit D—Legal Description Exhibit E—List of Requested Deviations Exhibit E-1 —Private Road Cross Section Single and Double Loaded Development Tract Exhibit F—List of Developer Commitments This ordinance filed with the 011ary of t^ e's office • r day :4ri4tA and acknowledgern- . that fill.. eiv-d thi 'siif day I [13-CPS-01255/852078/1]27 By flee '/. Willow Run RPUD-PUDZ-PL20130000682 Page 2 of 2 Rev.8/13/14 CA EXHIBIT A FOR WILLOW RUN RPUD Regulations for development of the Willow Run RPUD shall be in accordance with the contents of this RPUD Document and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order to 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. PERMITTED USES: A maximum of 590 dwelling units shall be permitted within the RPUD. 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: GENERAL 1. Community recreation, clubhouse, indoor and outdoor fitness facilities (spa), dining facilities, community administration, maintenance buildings, recreational amenities and other similar uses designed for use by all residents and guests shall be permitted uses throughout the R designated areas of the PUD. Development Standards: Front Yard Setback: 15' Side Yard Setback: 15' except where adjacent to preserve. Rear Yard Setback: 15' except where adjacent to preserve. Waterbody Setback: 0' from lake maintenance easement or bulkhead PUD Boundary Setback: 100' for any building or use exceeding 35' in height, 30' for any building or use 35' or less in height. When a building or use is placed less than 100' from PUD boundary a 15' wide Type B landscape buffer with 6' high wall shall be provided. Setback From Residential Tract: 25' In any case, no setback is required adjacent to the FPL easement areas, as shown on the Master Plan. All pole lighting shall be limited to flat panel fixtures. Where a setback is required, any lighting fixture placed within: (a) 50 feet of the external boundary shall be limited to 15 feet in height; (b) 30 feet of the external boundary shall utilize full cut-off shields. Willow Run RPUD PL20130000682 Page 1 of 19 Last Revised 08/13/2014 0 Maximum Height: Clubhouse(s): Zoned: 70' Actual: 75' Other uses: Zoned: 25' Actual: 35' 2. Community structures such as guardhouses, gatehouses, fences, walls, columns, decorative architectural features, streetscape, passive parks and access control structures shall have no required setback, except as listed below, and are permitted throughout the "R" designated areas of the PUD; however such structures shall be located such that they do not cause vehicular stacking into the road right-of-way or create site distance issues for motorists and pedestrians. Maximum Height for Guardhouses/Gatehouses: Zoned: 25' Actual: 30' Setbacks: PUD Boundary: 10', except fences or walls shall have no setback, except that which is adequate to provide landscaping on the exterior side of the wall, if required. RESIDENTIAL A. Principal Uses: 1. Commercial excavation, asphalt and concrete batch plants (these uses shall cease upon issuance of first building permit for a dwelling unit other than model home(s)). 2. Dwelling Units - Multiple-family, single family attached, single family detached, townhouse, two-family, duplex, variable lot line (single family) and zero lot line (single family). (A variable lot line dwelling unit is a single family dwelling where the side yards may vary between 0 and 10 feet as long as a 10-foot minimum separation between principal structures is maintained.) 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") or Hearing Examiner by the process outlined in the Land Development Code (LDC). B. Accessory Uses: Willow Run RPUD PL20130000682 Page 2 of 19 Last Revised 08/13/2014 0 1. Other accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to swimming pools, spas and screen enclosures, sheds/structures and similar structures all designed to serve the residents and their guests shall be permitted in accordance with the development standard identified for accessory uses in Exhibit B. 2. Any other accessory use, which is comparable in nature with the foregoing uses and consistent with the permitted accessory uses of this PUD as determined by the Board of Zoning Appeals or Hearing Examiner. PRESERVE A. Principal Uses: 1. Native preserves. B. Accessory Uses: 1. Water management. 2. Mitigation areas. 3. Hiking trails, boardwalks, shelters without walls, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to approval by permitting agencies. 4. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals (BZA) or Hearing Examiner determines to be compatible in the Preserve Area. DEVELOPMENT STANDARDS: Exhibit B sets forth the development standards for land uses within the RPUD Residential Subdistrict. 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. GROWTH MANAGEMENT PLAN: This PUD qualifies for the Density Blending Conditions and Limitations for properties straddling the Urban Residential Fringe Subdistrict and Rural Fringe Mixed Use District Sending Lands in Section B.5.2 of the Density Rating System of the Future Land Use Element. In the event any lands in the sending land area are developed, prior to residential development in said areas the limitation of development rights agreement that affects that land shall be modified to reflect the density blending otherwise allowed by this RPUD. Willow Run RPUD PL20130000682 Page 3 of 19 Last Revised 08/13/2014 411 EXHIBIT B FOR WILLOW RUN RPUD DEVELOPMENT STANDARDS STANDARDS SINGLE TOWNHOUSE TWO FAMILY ZERO LOT MULTI- VARIABLE LOT FAMILY AND DUPLEX LINE FOR FAMILY LINE FOR DETACHED SINGLE SINGLE FAMILY FAMILY Minimum Lot Area 3,000 SF 1,350 SF 2,625 SF 3,000 SF N/A 3,000 SF Minimum Lot Width*3 40 feet 18 feet 35 feet 40 feet N/A 40 feet Minimum Lot Depth 75 feet 75 feet 75 feet 75 feet N/A 75 feet Minimum Front Yard Setback 20 feet*1,*2 20 feet*1,*2 20 feet*1,*2 20 feet*1,*2 20 feet*1,*2 20 feet*1,*2 Minimum Side Yard Setback 5 feet 0 or 5 feet 0 or 5 feet 0 feet*4 10 feet 0-10 feet*4 Minimum Rear Yard Setback Principal*1 10 feet 10 feet 10 feet 10 feet 15 feet 10 feet Accessory*1 5 feet 5 feet 5 feet 5 feet 10 feet 5 feet Minimum Waterbody 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from Setback LME/LMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or BH BH BH BH BH BH Maximum Building Height Zoned 30 feet 45 feet 30 feet 30 feet 75 feet *5 30 feet Actual 35 feet 50 feet 35 feet 35 feet 85 feet *5 35 feet Minimum Distance Between Structures 10 feet 20'for 0/10 feet 10 feet 20'for 10 feet Principal Structures buildings 2 buildings 2 stories or less stories or less in height OR in height OR sum of the %sum of the building building height for height for buildings 3 buildings 3 stories or stories or greater in greater in height*6 height*6 Floor Area Min.(S.F.) 1500 SF 1000 SF 1000 SF 1000 SF 750 SF 1000 SF Minimum PUD Boundary 15 feet 15 feet or 1/2 15 feet 15 feet 20 feet or 1/2 15 feet Setback the building the building height*6 height*6 Minimum Preserve Setback 25 feet 25 feet 25 feet 25 feet 25 feet 25 feet ACCESSORY STRUCTURES Minimum Front Yard Setback 20 feet*2 20 feet*2 20 feet 20 feet 20 feet 20 feet Minimum Side Yard Setback 5 feet 5 feet SPS SPS 0 feet 0 feet Minimum PUD Boundary 15 feet 15 feet or 1/2 15 feet 15 feet 15 feet or 1/2 15 feet Setback the building the building height*6 height*6 Minimum Preserve Setback 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Waterbody 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from 0 feet from Setback LME/LMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or LME/LMT or BH BH BH BH BH BH Minimum Distance Between 10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet 0/10 feet Structures Maximum Height Zoned SPS SPS SPS SPS 35 feet SPS Actual SPS SPS SPS SPS 40 feet SPS SPS—Same as Principal Willow Run RPUD PL20130000682 Page 4 of 19 Last Revised 08/13/2014 LME—Lake Maintenance Easement LMT—Lake Maintenance Tract BH—Bulkhead Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Growth Management Division during an application for a site development plan or plat. *1—Front yards shall be measured as follows: A. If the parcel is served by a public road right-of-way,setback is measured from the adjacent right-of-way line. B. 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). C. If the parcel has road frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as a side yard. Access shall be from road with full front yard setback. *2—Front entry garages must be a minimum of 20',and a minimum of 23'from a sidewalk. The minimum 20'setback for a residence may be reduced to 15'for a side-loaded or rear entry garage. Porches, entry features and roofed courtyards may be reduced to 15'. *3—Minimum lot width may be reduced by 20%for cul-de-sac lots and 50%for flag lots provided the minimum lot area requirement is maintained. *4—Minimum separation between adjacent dwelling units,if detached,shall be 10'. *5—The building height shall be limited to a maximum zoned height of 50 feet and an actual height of 55 feet west of the FP&L Easement. *6—Setback is measured from zoned height. *7-Landscape Buffer Easements and/or Lake Maintenance Easements shall be located within open space tracts or lake tracts and not be within a platted residential lot. Where a home site is adjacent to a Landscape Buffer Easement or Lake Maintenance Easement within open space tracts or lake tracts,the principal and accessory structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement/tract. Nothing in this RPUD shall diminish the riparian rights nor prohibit a property owner from use of buffer or lake maintenance easements/tracts for recreational purposes, including but not limited to docks, fishing, walking, etc., which are not inconsistent with the purpose of the tract/easement. Where a bulkhead is constructed, no intervening easement or maintenance tract shall be required by this RPUD. Note:Nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in Exhibit E, Deviations Willow Run RPUD PL20130000682 Page 5 of 19 Last Revised 08/13/2014 no,,,...,o,/,Mot■MYTIRIM rlIelrJ MIX.HA\63..0`,../RD WV.1.-7Crid0.,1111001e)-roH,,,,,,mcip\sriA,Jurnoo\\ ' E S 9K E, 1.. 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I , g 3 05/2014 PER COUNTY REVIEW 3 COMMENTS S.U. 2 12/2013 PER COUNTY REVIEW 2 COMMENTS S.U. 0 300' G 600' a I 1 09/2013 PER COUNTY REVIEW 1 COMMENTS S.U. SCALE: 111 =600 Revision Date Description By KEY MAP WILLOW RUN RPUD SCALE: •-Aaa CI G ra dyM i n o r 0.Grady Minor and 4aauliatea,P.% Aim Via Poi Rey JOB W C00E CODE:aim 1 Bonita Springs,Florida 31131 ante: :o" Clvll Engineers Land Surveyors Planners EXHIBIT C aP. Landscape Architects rn time Gent or.io h.ER 1005151 CeFt 01 Auld.LB 0005151 Business LC 2901X1.286 MASTER PLAN 1 Bonita Springs:239.947 1144 !vs w.Cra#,,Mlnnr.enm Fort Myers:239.690.4380 SHEET 2 OF 5 i 0 URBAN RURAL FRINGE RESIDENTIAL I MIXED USE DISTRICT FRINGE BELLE MEADE NRPA N ZONED: FOREST GLENN OF NAPLES RPUD USE: RESIDENTIAL W .. W W W W W W W ' 0 300' 600' • W W W W W W W W SCALE: 1"=600' W W W W W W W W W W W W W W W W W W W W W W W W W W /I Ni. W W W W W W W W i ZONED: A(RFMUO)NRPA W W W W W W W W W SENDING V ' W W W W W W W W W , USE: RESIDENTIAL LL W W W W W W W W W W W W W W W W W W W ZONED: SAN W V.. MARINO W W W W W W I— RPUD W W W W W W W W W t WUSE: W W W W W W Ni, _ W W W W W W W W RESIDENTIAL W , CJ) (PRESERVE) W W W W W W W W W W !W W W W W W W W _ - ' WW W W W W W W W W W W W W W W W W W W W (! I ' W W W W W W W W W W W W W W W W W W W W I W W W W W W W W W W W W W W W W W W W W W W W, ZI , WWWWWWWWWWWWWWW WWWWW WWWWWWWWWWW WWW J W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W V W ZONED: A(RFMUO) 2 1 W W W W W W W W W I W W W W W PRESERVE NRPA SENDING H I I W ° W W W W * 210+/-ACRES USE: RESIDENTIAL W W W 2 \ W W I I W W v W W W W W W W W W l W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W 1 , - W W W W W W W W W W, I \ j W W W W W W W W W ► R I WWWWWWWW W' C. W WWWWWWWW r. W W W W W W W W W I i W * W W W \ ., R \ R W W W W W 1 . I – � N ^I 3 ---._ –+ -- W W W W J M — —1– — — — - - 4 ZONED: HACIENDA LAKES z W W W W W — W , DRI/MPUD(RFMUO,NRPA W W W W W W W W SENDING) _ _ W W W W W W W W W W W USE: RESIDENTIAL 40,8. W W W W W W W W W W W W W WWWWWWWWWWWW , _.. w T W W W W W W W W 1 1 R R W W W W W W W W W W W W 1 W W W W W W W W W W II I W W WI f _ _ 1f _____ _ _ __ _ W W W W � � W W - MATCH LINE - SEE SHEET 4 OF 4 W - - L W W 1 � � �R a IL' -r, 0 II I I� F 3 -1--- — — 1 N 3 05/20141 PER COUNTY REVIEW 3 COMMENT'S S.U. I ; 2 12/20131 PER COUNTY REVIEW 2 COMMENTS S.U. I m ----..1......--.- 09/2013 PER COUNTY REVIEW 1 COMMEN T3 S.U. ---- KEY MAP Revision Dote I Description BY WILLOW RUN RPUD SCALE , I/3 GradyMinor :r4dr51111ara11d Associates. toe CODE. 38101 Via Del Ray wnzwoz a 0011114 SFrmAts.Florida 31134 DATE' -- a EXHIBIT C " '°" ° Civil Engineers • Land Surveyors Planners Landscape Architects MASTER PLAN 2 raE sAelE. Cerl.D1 Nilt ED 10015151 Ccll ul'iulll.1.96015151 Buxlucax L 001 1:26266 Z 1101111488110.x. 239.917.1141 .lvw.Grad,1:111nor.0oni Fort Myers: 239 690 1380 SHEET 3 OF 5 i 0 G' , ' fe W W W W W W W W W W W i _- — _� R R W W W W IW W W W W W W W W 1 _ _ MATCH LINE- SEE SHEET 3.OF 4 . —W W W . — —�— W W W I W W W W W W W W W ------ i R W W W W W W W W W W W W I W W W W W W W W W W W W 4. W W W W — W ■ l I \ W W W W W W / / I I I W W W W W W N ` I R I I \ W W W W W W _ W W W W W \ W W W W W ' ---- / 4, W 4, W W • I—_ ____ I W W W W W I I \ W W W W , I I R I \ W W W 1 —= I I LAKE LAKE W W 0 300' 600' ' 1 / W W W W W SCALE. 1" = 600' I 1 1 W - / ` i / W W W W W ; — W W W , / / \ \ W W W • \ I W W W W I N W . W W W ' W W W W W , I N. W \ W W W W W W W ■ rFi W I W W W W W W W W W , VLL I R W W'I W W W W Ni‘ W W W W ; W W W W W W W W W PRESERVE y W 4, W isI W W W 210+/-ACRES W W W W W W W W W ; W LAKE W W W W W W W W W W W I I LIU I I W W 41 W W W W W W W W W II I W W W W W W W W W W W , ZONED: HACIENDA Cni w, W W I W W W W W W W W W W W W W y W W W W W ' LAKES DRI/MP UD U_Il I I W W Jr W W W W W W W W W (RFMUO,NRPA SENDING) W I W W W W W W W , I W W W W W W W W W W W , USE: RESIDENTIAL WI W W W W W W W W W 4,- _ _ __II I U F—� 2' ZONED: HACIENDA ZONED: HACIENDA LAKES LAKES DRI/MPUD / / DRI/MPUD Iii USE: RESIDENTIAL I USE: RESIDENTIAL / N_ X // 120'WIDE FUTURE BENFIELD ROAD CORRIDOR THROUGH HACIENDA LAKES DRI � s / II 1 URBAN I RURAL FRINGE II 5 RESIDENTIAL i MIXED USE DISTRICT I-- �J �� FRINGE BELLE MEADE NRPA fUl il , II i z 1 7/2014 PER CCPC HEARING U. II I n. 7 105/2014 PER COUNTY REVIEW 3 COMMENTS S.U. 1 2 2/2013 PER COUNTY REVIEW 2 COMMENTS 'S.U. I 1 9/2013 PER COUNTY REVIEW 1 COMMENTS S.U. KEY MAP Revision,I. • Date Description By SCALE: WILLOW RUN RPUD ///////// la G ra dyM i nor Q.Grady Minor and 4saocialrs.P.\. ; Joe CODE: IIItg)Vlo Del Rey .rtzw1/2 A Bonita Sprioso.Florida 3 113 1 mlrn: > EXHIBIT C w*24ta Civil Engineers Land Surveyors • Planners • Landscape Architects rac MUM 3 Cent 01400.FB 0105151 Cert.of 900.LB 11005151 Business LC 26000266 MASTER PLAN 3 Bonita Springs:239.947.1144 w w.Nr,7A,M/onr.con, Fort Myern.239.690 4380 SHEET 4 OF 5 0 SITE DATA TOTAL SITE AREA: 559±AC PRESERVES: REQUIRED 149.19±AC URBAN RESIDENTIAL FRINGE 114.83±AC NATIVE VEGETATION X 25% = 28.71±AC RFMU SENDING 133.87±AC NATIVE VEGETATION X 90% = 120.48±AC PROVIDED 210± AC URBAN RESIDENTIAL FRINGE = 76.13±AC RFMU SENDING = 133.87±AC NOTES 1. THIS PLAN IS CONCEPTUAL IN NATURE AND IS SUBJECT TO MINOR MODIFICATION DUE TO AGENCY PERMITTING REQUIREMENTS. 2. ALL ACREAGES, EXCEPT PRESERVE AREAS, ARE APPROXIMATE AND SUBJECT TO MODIFICATION AT THE TIME OF SDP OR PLAT APPROVAL IN ACCORDANCE WITH THE LDC. S S3 3 DEVIATIONS 3 SEE EXHIBIT E, LIST OF REQUESTED DEVIATIONS 4 07/2014 PER CCPC HEARING 3 05/2014 PER COUNTY REVIEW 3 COMMENTS S.... 2 12/2013 PER COUNTY REVIEW 2 COMMENTS 5.5 1 09/2013 PER COUNTY REVIEW 1 COMMENTS S.U. Revision Dote Description A, SCALE WILLOW RUN RPUD ,,,,,,m ]]] O.OrtlMr Nin°r nntl ltla°citltra,f•.. JOB CODE: witZPUDI GradyMinor o,Ferids 311±31 0 Ronita SVrlJUµ,MOO Vi a 31131 JOB EXHIBIT C Civil Engineers Land Surveyors Planners • Landscape Architects MASTER PLAN 4 FILE NAME: 2 Cert of.AU0i.F8 0005151 Cris°MMeth.LB 0005151 Business LC 28000268 Bonito Springs:239.947.1144 ws w.I:r.SArM/nor.corn Fort Myers:239.690.4380 SHEET 5 OF 5 EXHIBIT D FOR WILLOW RUN RPUD LEGAL DESCRIPTION A TRACT OF LAND LYING IN SECTIONS 11, 12, 13, AND 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT THE NORTHEAST CORNER OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE RUN SOUTH 00°45113" WEST ALONG THE EAST LINE OF SAID SECTION 12, A DISTANCE OF 1,356.42 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE LEAVING SAID EAST LINE, NORTH 87°47'32" EAST, A DISTANCE OF 1,318.80 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12; THENCE RUN ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, SOUTH 00°40150" WEST, A DISTANCE OF 1,353.60 FEET; THENCE SOUTH 00°42114" WEST, A DISTANCE OF 2,707.26 FEET TO A POINT ON THE NORTH LINE OF SECTION 13, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 13, SOUTH 00°39111" WEST, A DISTANCE OF 1,345.38 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13;THENCE LEAVING SAID CORNER, SOUTH 87°30127" WEST, A DISTANCE OF 1,328.58 FEET TO THE EAST LINE OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 26 EAST; THENCE IN AND THROUGH SAID SECTION 14, SOUTH 87°28'53" WEST, A DISTANCE OF 1,336.40 FEET; THENCE NORTH 00°47'15" EAST, A DISTANCE OF 671.38 FEET; THENCE SOUTH 87°27'18" WEST, A DISTANCE OF 668.30 FEET; THENCE NORTH 00°47146" EAST, A DISTANCE OF 671.09 FEET TO A POINT ON THE SOUTH LINE OF SAID SECTION 11; THENCE ALONG SAID SOUTH LINE, SOUTH 87°25149" WEST, A DISTANCE OF 2,004.66 FEET, (PASSING OVER THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 11 AT A DISTANCE OF 668.22 FEET) TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11; THENCE LEAVING SAID SOUTH LINE OF SECTION 11, NORTH 00°50'07" EAST, A DISTANCE OF 1,371.71 FEET; THENCE SOUTH 87°38'49" WEST, A DISTANCE OF 1,235.72 FEET TO A POINT ON THE EAST RIGHT-OF- WAY LINE OF COLLIER BOULEVARD (COUNTY ROAD 951); THENCE RUN ALONG SAID EAST RIGHT-OF- WAY LINE, NORTH 00°50'49" EAST, A DISTANCE OF 344.10 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE, NORTH 87°42'04" EAST, A DISTANCE OF 1,235.58 FEET; THENCE NORTH 00°50107" EAST, A DISTANCE OF 1,028.79 FEET; THENCE NORTH 87°51'50" EAST, A DISTANCE OF 2,670.28 FEET; THENCE NORTH 00°46'52" EAST, A DISTANCE OF 2,723.04 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 11; THENCE RUN ALONG SAID NORTH LINE OF SECTION 11, NORTH 88°17'54" EAST, A DISTANCE OF 1,333.91 FEET TO THE POINT OF BEGINNING. CONTAINING 559.05 ACRES, MORE OR LESS. Willow Run RPUD PL20130000682 Page 11 of 19 Last Revised 08/13/2014 4I EXHIBIT E FOR WILLOW RUN RPUD LIST OF REQUESTED DEVIATIONS 1. From LDC Section 6.06.02.A.2, Sidewalks, Bike Lane and Pathway Requirements, which requires sidewalks which are internal to the development to be constructed on both sides of local streets, to allow sidewalks on one side of the street only for streets with homes on one side of the street. One canopy tree (or canopy tree equivalent) shall be provided per 30 linear feet of sidewalk. Canopy trees located within 10 feet of the sidewalk may count towards a sidewalk canopy tree. 2. From LDC Section 6.06.01.N, Street System Requirements and Appendix B, Typical Street Sections and Right-of-Way Design Standards, which establishes a 60 foot wide local road, to allow a minimum 40' wide local road (see Exhibit E-1). 3. From LDC Section 6.06.01.J, Street System Requirements, which limits cul-de-sacs to a maximum length of 1,000 feet, to permit cul-de-sacs to exceed 3,500 feet in length with placement of no through traffic signage and creation of one emergency vehicle turnaround approximately 1,500 feet from the beginning of the cul-de-sac. 4. From LDC Section 4.06.02, Buffer Requirements, which requires a fifteen foot type "B" landscape buffer between single family and multi-family residential uses, to allow no landscape buffer along the western residential tract adjacent to the FP&L easement area and a 10 foot wide type "B" buffer along the northern PUD boundary adjacent to the San Marino PUD. 5. From LDC Section 5.03.02.C, Fences and Walls, Excluding Sound Walls, which permits a maximum wall height of 6' in residential zoning districts, to allow a maximum wall height of 8' throughout the development, and a 12' tall wall, berm, or combination wall/berm along Collier Blvd frontage. 6. From LDC Section 5.04.04.B.5, Model Homes and Model Sales Centers, 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 four (4) model homes per development tract, not to exceed 20 model homes within the overall RPUD. With each building permit for a model home, the applicant shall provide documentation as to the current number of model homes in existence. 7. From LDC Section 5.04.06.A.3.e, Temporary Signs, 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. 8. From LDC Section 5.06.02.B.2, Development Standards for Signs within Residential Willow Run RPUD PL20130000682 Page 12 of 19 Last Revised 08/13/2014 /'1r� Districts, which permits one (1) real estate sign per street frontage that is setback a minimum of 10' from any property line, to allow for a maximum of one (1) real estate sign per street frontage setback a minimum of 5' from the property line along CR 951 only. 9. From LDC Section 5.06.02.B.5, Development Standards for Signs within Residential Districts, which requires on-premise directional signs to be setback a minimum of 10' from internal property lines, 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 adjacent to Collier Blvd. 10. From LDC Section 5.06.02.B.6, Development Standards for Signs within Residential Districts, 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 project entrance with a maximum height of 10' and total sign area of 64 s.f. per sign face. 11. From LDC Section 4.02.04.D, Standards for Cluster Residential Design, which requires the zero lot line portion of the dwelling unit to be void of doors or windows where such wall is contiguous to an adjoining lot line to allow windows along portions of the principal building that is on the zero setback line. Willow Run RPUD PL20130000682 Page 13 of 19 Last Revised 08/13/2014 _9 w"/w�mm-z_a_""mnM-- __m_-_m__+ , , _ / ° Csl/|�g g g' \ 2@ \ \ as 0 § i z j / I ® / S E . 5 5 /§ b & © 9 - ee JAONI ,R _ — < k - / W H t► !\ �A / % 1 \ a \% \ - \ S i } % I / / 1. I /a u L(.1 / / . \ A 5g �Z / - / — < �� ' . \\ :K & &§(i/ L. & ` . t ! L.J »z . x o )- y � /{ m \ E � > �� \ ;� §z (\ NI / |( � y ƒ! . `! | (N . . . . 0 \ S. In • Q\ `- \ K I - - - - • \/ §§ < WI $Z wz 05 - \ \§ § w z :: \ . . / 7 - uu 6 \@ \ �/ 8/ \\ �k xg = , g\ j Q y= o -w z\\ 0 ZU) 0(0 EXHIBIT F FOR WILLOW RUN RPUD LIST OF DEVELOPER COMMITMENTS 1. UTILITIES A. Prior to its last phase of development, the owner shall identify and provide an interconnection stub-out to either Hacienda Lakes or San Marino PUD for water distribution; plans shall be reviewed and approved by CCWSD at time of SDP or plat. This commitment can be terminated by CCWSD if its staff determines that interconnection at either property line is not possible. B. During the Plat approval process, CCWSD shall review and approve the utility design associated with any cul de sac serving in excess of 149 units. 2. TRANSPORTATION A. If warranted by the project's traffic counts the Developer shall be responsible for the proportional share of the cost of a traffic signal, or other traffic control device, sign, or pavement markings at the Collier Boulevard intersection Upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of said traffic signal it shall be turned over (for ownership)to Collier County, and will then be operated and maintained by the Collier County Transportation Department. B. The County has identified various future potential road alignments for what is currently known as Benfield Road, some of which may cross over a portion of the RPUD near its eastern boundary. At the time of the RPUD adoption, the County has not selected the final alignment of said Benfield Road. The owner, developer, and their successors and assigns at the County's request, has agreed to work with the County in the future, should the final alignment as approved by the Board of County Commissioners and as permitted by the applicable reviewing agencies, encroach onto the lands of RPUD, with the following stipulations: 1. If the eventual alignment crosses over RPUD lands: (a) the alignment shall be no further than 150 feet from the eastern RPUD boundary, except that in the northernmost ±1,350 feet of the RPUD eastern boundary, the alignment may be 300 feet or less from the eastern RPUD boundary; and (b) in no event shall the alignment be any closer than 100 feet from any residential or lake tract. The alignment shall be consistent with the alignment of Benfield Road in the development south of the PUD, but shall immediately transition to the eastern 150 feet of the RPUD. Willow Run RPUD PL20130000682 Page 15 of 19 Last Revised 08/13/2014 2. Any portion of Benfield Road that traverses the RPUD lands shall be no more than 120 feet in ultimate right of way width, inclusive of storm water, other than as provided below. 3. The County shall at all times be responsible for all permitting for Benfield Road, including any modification of any project permits and easements, including, without limitation mitigation (e.g. wildlife protection, buffers, and any obligation imposed on the lands of the RPUD by virtue of the permitting of the Benfield Road) for the impacts of any such road and replacement mitigation that otherwise is in place within the RPUD that mitigates the impact of the project and/or the previous mining operation that occurred within the RPUD historically. The Owner, its successors or assigns shall not be responsible to obtain or modify any current or future permits or conservation easements on behalf of the County related to the planning, platting, replatting, dedication, construction or extension of Benfield Road. In no event shall Developer be obligated to plat any roadway or depict any reservation on any plat. 4. The owner or its successors and assigns shall convey the lands to the County by quit claim deed within 120 days of the County's written request to owner, or its successors and assigns, but no sooner than the permitting agencies' notices of intent to issue applicable federal and state permits. 5. The owner, or its successors and assigns, shall be paid the fair market value of the land at the time of the conveyance to the County, excluding damages. The Developer shall first become eligible for transportation impact fee credits based upon the agreed upon fair market value per acre in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the deed. 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 entitled to a cash reimbursement. 6. The County shall maintain at its sole expense any RPUD lands remaining to the east of the final alignment, if requested by the Owner, its successors or assigns within sixty (60) days of request, provided County is given a maintenance easement at no cost to the County. 7. The developer, its successors or assigns, shall provide to any potential resident a disclosure statement that the County has identified several potential alignments for Benfield Road which may impact the RPUD lands, and that any such road could be on the eastern edge of the property, once the appropriate permits and approvals are obtained by the County. This disclosure statement must be presented to the buyer prior to entering into any sales contract by Developer or builders which convey directly to potential residents. 8. Should Collier County ultimately abandon the proposed roadway extension, or the road alignment is determined not to be within the Willow Run RPUD, the County shall release the Developer from the Benfield Road obligations of this PUD and the Willow Run RPUD PL20130000682 Page 16 of 19 Last Revised 08/13/2014 requirement for the disclosure statement shall terminate, without the necessity of an amendment to this RPUD. 9. For any portion of Benfield Road that may be constructed within or adjacent to the Willow Run RPUD along the easterly boundary and within the north and south limits: a. Collier County may discharge treated stormwater into the Willow Run RPUD stormwater management system for attenuation. Prior to discharge outside the County owned ROW, the stormwater shall have received full water quality treatment in accordance with SFWMD requirements at the time of permitting and shall not compromise the proposed water quality and proposed water quality and/or recreational use of the lakes. Collier County shall be responsible for maintenance of water quality for stormwater resulting from the County roadway. Willow Run RPUD shall be held harmless if the PUD's stormwater management system experiences a water quality breach soley due to Benfield Road stormwater. The County shall be responsible for any remediation and related costs if the SFWMD deems the ROW is the sole cause of water quality issues. No other stormwater, treated or untreated, from off-site portions of the ROW outside the north and south limits of the RPUD boundary shall discharge into the Willow Run RPUD surface water management system. b. Lighting must comply with international Dark Skies standards. C. Potential vehicular interconnections have been shown on the conceptual PUD master plan in locations which may be appropriate for shared access to the intersecting driveway with Collier Boulevard. Shared access shall not be prohibited to any property that is immediately adjacent to the Collier Boulevard intersecting driveway and is willing to pay its prorated "fair" share of the entry roadway, bridge, Collier Boulevard improvements, landscaping, lighting, maintenance, taxes and utilities or future signalization, as computed on a prorated share-by number of PM Peak Hour trips connected to the driveway. Such shared access shall be granted via executed shared access easement agreement to such adjacent property within 90 days of receipt of payment of said prorated "fair" share expenses to the Willow Run RPUD developer or successor. Willow Run RPUD PL20130000682 Page 17 of 19 Last Revised 08/13/2014 3. ENVIRONMENTAL A. Vegetation shall be retained in accordance with the criteria established in the Conservation and Coastal Management Element of the GMP and Section 3.05 of the LDC. Total Preserve Required 149.19±AC Urban Residential Fringe 114.83±AC Native Vegetation X 25% = 28.71±AC RFMU Sending 133.87± AC Native Vegetation X 90%= 120.48±AC Total Preserve Provided 210±AC Urban Residential Fringe = 76.13±AC RFMU Sending = 133.87±AC B. For wildlife protection, roads located within the Rural Fringe Mixed Use District will have a very low speed limit (e.g., 15 mph) and tortoise caution signs will be installed. Prospective buyers of properties adjacent to the Preserve will be provided with written information about the Preserve's protected wildlife and management practices which may have direct effects on their property including: • gopher tortoises may expand their foraging or burrowing habitat to include yards. • periodic prescribed burns will result in smoke in the vicinity. • wildlife co-existence plan Project home owner's association documents will contain similar disclosures in accordance with project permits. C. If County permits are obtained for new residential and/or private roads adjacent to the preserve's tortoise-occupied habitat, then tortoise-appropriate fencing or tortoise- appropriate barriers will be installed by Developer, or its successors and assigns, between the tortoise preserves or where tortoises exist and the private road and/or development in that location prior to construction of the new residential development and/or private roads. 4. PLANNING A. A maximum of 590 dwelling units shall be permitted in the PUD. B. No buffer shall be required if the right-of-way reservation as shown on the Master Plan as an east/west road is constructed as an east/west road along the southern PUD boundary as shown on the Master Plan. The developer is not obligated to construct the east/west road along the southern PUD boundary. Willow Run RPUD PL20130000682 Page 18 of 19 Last Revised 08/13/2014 5. WATER MANAGEMENT The water management system shall be designed to route existing off-site surface water flows through or around the project. These conveyance facilities shall be sized such that post construction water levels are lower than or equal to existing water levels on the surrounding lands. These improvements shall be made prior to the issuance of the first residential certificate of occupancy. 6. PUD MONITORING 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 The Willow Run Land Trust, C/O Joseph D. Bonness, Ill as Trustee, 1910 Seward Avenue, Naples, FL 34109. 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. Willow Run RPUD PL20130000682 Page 19 of 19 Last Revised 08/13/2014 \ \Vii trlii • r FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State September 29, 2014 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Ann Jennejohn, Deputy Clerk Dear Mr. Brock: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 14-35, which was filed in this office on September 29, 2014. Sincerely, Ernest L. Reddick Program Administrator ERL/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us