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Ordinance 2015-25 ORDINANCE NO. 2015-25 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 COMMUNITY FACILITY ZONING DISTRICT AND GOLF COURSE ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE HIBISCUS RPUD TO ALLOW CONSTRUCTION OF UP TO 64 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED ON THE SOUTH SIDE OF RATTLESNAKE-HAMMOCK ROAD AT THE INTERSECTION OF HIBISCUS DRIVE IN SECTION 19, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 7.9± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PETITION PUDZ-PL20140000179] WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A. and Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A. representing Nassif Golf Ventures, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described property. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Zoning Classification. The zoning classification of the herein described real property located in Section 19, Township 50 South, Range 26 East, Collier County, Florida is changed from a Community Facility zoning district and Golf Course zoning district to a Residential Planned Unit Development (RPUD) zoning district for a project to be known as the Hibiscus RPUD to allow construction of up to 64 residential dwelling units in accordance with Exhibits "A" through "F" attached hereto and incorporated herein by reference. 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. [14-CPS-01349/1154786/1] 88 Hibiscus RPUD\PUDZ-PL20140000179 Rev. 2/19/15 1 of 2 0 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State and on the date that the Growth Management Plan Amendment in Ordinance No. 2015-26 becomes effective. PASSED AND DULY ADOPTED by super-majority nvote of the Board of County Commissioners of Collier County, Florida, this /Y n`day of f pr i C , 2015. ATTEST , ,,- ' '",,: >. BOARD OF COUNTY COMMISSIONERS DWIGFCkP ISM. ? CLERK COLLIER COUNTY, FLORIDA ,, i '7 `$ , i,, ' — 0._ By: i"VindidikeLiitt i'lad, By: / e,,,a lout: : TIM NANCE, Chairman Attest Choi .6 signatufeoh'l►: ;t4,i0." Approved as to form and legality: SLL pt' A- Go Heidi Ashton-Cicko Managing Assistant County attorney Attachments: Exhibit A—Permitted Uses Exhibit B —Development Standards Exhibit C —Master Plan Exhibit D—Legal Description Exhibit E—List of Deviations Exhibit F—Developer Commitments This ordinance filed with the Secretory of State's Office Offic� 114h day of _ and acknowledgement of that fili • received this . day et 8y awl,t tic [14-CPS-01349/1154786/1] 88 Hibiscus RPUD\PUDZ-PL20140000179 Rev. 2/19/15 2 of 2 EXHIBIT A FOR HIBISCUS RPUD Regulations for development of the Hibiscus 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 64 residential 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: RESIDENTIAL A. Principal Uses: 1. Dwelling Units — Multiple family, single family detached, townhouse and single family zero lot line. 2. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA") or the Hearing Examiner. B. Accessory Uses: 1. Clubhouses, Community administrative facilities, Community maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, utility pumping facilities and pump buildings, utility and maintenance staff offices. Community wide recreational facilities shall be required to have a 15-foot wide landscape buffer and wall and to have a minimum building setback of 30 feet from the external PUD boundary where not adjacent to golf course zoned property. a. For community recreational facilities exceeding the 30' PUD boundary setback or adjacent to golf course zoned property, no wall shall be required and the following setbacks shall apply: Front: 30 feet Side: 15 feet Rear: 15 feet b. Maximum actual building heightshall be 25'. 2. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. Hibiscus RPUD PL20140000179 Page 1 of 8 Revised 03/16/2015 CA 3. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 4. Accessory uses and structures customarily associated with the principal uses permitted in this RPUD, including but not limited to garages, carports, swimming pools, spas and screen enclosures. 5. 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 the Hearing Examiner. DEVELOPMENT STANDARDS Exhibit B sets forth the development standards for land uses within the Hibiscus RPUD 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. Hibiscus RPUD PL20140000179 Page 2 of 8 Revised 03/16/2015 CD EXHIBIT B FOR HIBISCUS RPUD DEVELOPMENT STANDARDS PRINCIPAL STRUCTURES SINGLE FAMILY TOWNHOUSE SINGLE FAMILY MULTI-FAMILY DETACHED ZERO LOT LINE Minimum Lot Area 3,000 SF 1,400 SF 2,250 SF N/A Minimum Lot Width 40 feet 18 feet 30 feet N/A Minimum Lot Depth 75 feet 80 feet 75 feet N/A Minimum Front Yard Setback*1, *3 20 feet 20 feet 20 feet 20 feet Rattlesnake Hammock 25 feet 25 feet 25 feet 25 feet Doral Circle 20 feet 50 feet 20 feet 50 feet Minimum Side Yard Setback 5 feet 0 feet internal 10 feet external 0 feet*2 10 feet Minimum Rear Yard Setback 10 feet 15 feet 10 feet 15 feet Minimum Drainage Easement Setback 0 feet 0 feet 0 feet 0 feet Maximum Building Height Zoned 30 feet 45 feet 30 feet 45 feet Actual 35 feet 50 feet 35 feet 50 feet Minimum Distance Between Buildings 10 feet 20 feet 10 feet 20 feet Floor Area Min. (S.F.), per unit 1,500 SF 750 SF 1,500 SF 750 SF Minimum PUD Boundary Setback 20 feet 20 feet 20 feet 20 feet Minimum Preserve Setback N/A N/A N/A N/A ACCESSORY STRUCTURES Minimum Front Yard Setback 15 feet 15 feet 15 feet 15 feet Minimum Side Yard Setback 5 feet 0 feet internal 0 feet 10 feet 10 feet external Minimum Rear Yard Setback 5 feet 10 feet 10 feet 10 feet Minimum Drainage Easement Setback 0 feet 0 feet 0 feet 0 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet Minimum Distance Between Buildings 10 feet 0/10 feet 0/10 feet 0/10 feet Maximum Height Zoned 20 feet 20 feet 20 feet 20 feet Actual 25 feet 25 feet 25 feet 25 feet 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 building permit. *1—Front entry garages must be a minimum of 23'from back of sidewalk. Porches, entry features and roofed courtyards may be reduced to 15'.All parking areas must remain clear of sidewalks. *2—Minimum separation between adjacent dwelling units,if detached,shall be 10'. *3—Front yards shall be measured from back of curb for private streets or drives,and from ROW line for any public roadway. 4—The Landscape Buffer Easements shall be located within open space tracts and Lake Maintenance Easements shall be located within lake tracts and not be located 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 accessory structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement. Note:nothing in this RPUD Document shall be deemed to approve a deviation from the LDC unless it is expressly stated in a list of deviations. Hibiscus RPUD PL20140000179 Page 3 of 8 Revised 03/16/2015 0 na src sioz/z,/s ova-(m.nr.tlllsw-p 10.s3 zonal+\sougroo\Zane saps..-zonal\D..,-robe\9,n.vy\s31u\3vx n0o\\ Z i P i W " R .°° W o- Zg J Q: N a ?1 g ,I -f z—t o J o O Q - G O =F-¢Z Z 0 CC d D Z W 0J ww J m 2 U 2 O = - ¢ o ¢ > -J (/) Z 6 O W O w o i-L I- 0 cc0H 4 F- J W O�w Z Z cr LL,�w °- I w D3 W � F_ � wN a 0w 0 Z� �w ~ FZ �� Z � I O ¢ F- 0U � ZO .f_001-y -w o O Iii I = w W Z Z 7J '-' ° W U z NV) I U � 02 wO ML0 I F- Q' J Z / UUZ QCC ¢ O JF- 0 z O X I — ■ — I — — I = I I pcUi_)a Q � Oz wJ � I J Z W I W W w0 U2 '>t U U «N��� IN3WI Sd3 I W U - X X -10) 2 -i °J I w z2 a ¢ - w gs - Q °� �/ 30VNIVaQ 0 �a wJ = o _' 9h x ZOW W w00 Ct T-y ,001 r �a ., pzY � .6. 33s J(L am Na w O ¢ g O- ¢ U e g Li I m w Q I Z Z w a, F- z Q ' �° d O Q O co LL J O o¢ ¢ J d U Q 0 a cJ — , co Q w E H ¢ H CY O • _ S CC 0 U 01016 _ Z o a e Z Sc --- w 0 o T ( U >> Z pw o �LL "19 cL i,_ w �J ®6 - 8 Z ( am I oUo Y L,U F- N 0�0 o o e I = Z t Rt 2 ¢ /� 3 0 w ¢ 6 E aLLI o ® Q Z O ca_ KZ 1 0 N m 0 30Vd OL6 v IN3W3SV3 w I -Poo 30VNIV00 0O ct a° ,001 I g L^ c w W w J o W I am Li _¢ Z - --pI ~w °X I .L z W J I� Li 0- kiwi CO w d' W 2 d -Li u' I - - ¢In 0 CO W W ... g I zo • 0 Q 2 -- a ' r-r•() W w 1._ m 1 _ N cn r - - — — g \ I DORAAL CIRCLE �� Q Z Nw (X 0 Q a75 • ZU W O N W W 0 © (1) EXHIBIT D FOR HIBISCUS RPUD LEGAL DESCRIPTION LOT 1, LOT 2, AND TRACT "R", HIBISCUS GOLF COURSE, AS RECORDED IN PLAT BOOK 49 PAGES 3 & 4 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING 7.9 ACRES, MORE OR LESS. Hibiscus RPUD PL20140000179 Page 5 of 8 Revised 03/16/2015 '�LJ EXHIBIT E FOR HIBISCUS RPUD LIST OF DEVIATIONS 1. From LDC Section 4.06.02.C, Landscaping, Buffering, and Vegetation Retention, which requires a multi-family residential development to provide a 15' wide type 'B' buffer between the residential use and a golf course clubhouse tract to permit the development to install the Type B buffer as if it were adjacent to a lake in order to cluster the required landscaping within the building setback area between the canal and the proposed residential buildings. 2. From LDC Section 3.08.00.A.4.d.ii, Environmental Data Requirements, which requires properties that are occupied by a golf course to provide soil and/or groundwater sampling at the time of first Development Order to permit the soil and/or water quality test to be provided at the time of Site Development Plan or Plat review. 3. From LDC Section 5.06.04.G, Off-premises directional signs, which prohibits off-premises signs in residential districts, to permit two existing signs to remain in the current location at the project entrance on each side of Hibiscus Drive and to permit an increase in their square footage of approximately 42.5 square feet to 64 square feet for each sign to allow inclusion of signage for the residential dwellings. 4. 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. Hibiscus RPUD PL20140000179 Page 6 of 8 Revised 03/16/2015 CA EXHIBIT F FOR HIBISCUS RPUD LIST OF DEVELOPER COMMITMENTS 1. PLANNING a. Building massing: No building shall contain more than 12 units, or have a wall length greater than 200 feet. b. In order to achieve the density of 64 units and prior to the issuance of the first building permit for the first residential dwelling unit, the property owner shall record a restriction in the Official Land Records of Collier County on a portion of the Hibiscus Golf Course property equal to 12+/- acres, restricting the use to golf course, open space or preserve uses in perpetuity. 2. ENVIRONMENTAL a. Soil and/or ground water sampling consistent with the requirements of LDC Section 3.08.A.4.d.ii shall be provided at the time of Site Development Plan or Plat review. The Phase One Environmental Site Assessment submitted did not address the properties requirement to comply with LDC section 3.08.00 A.4.d.ii which addresses soil sampling for organochlorine pesticides and the 8 Resource Conservation and Recovery Act metals. It has been identified that some form of golf course maintenance, storage or operation activities occurred in a portion of the proposed development area and an adequate assessment of the soils in this area that may include additional soil sampling for organochlorine pesticides and the 8 Resource Conservation and Recovery Act metals is warranted. In addition to the background and random sampling points across the property, soil samples should be collected in areas of the property where suspected golf course maintenance, storage or operation activities that may have contained drums, chemicals, petroleum products, fuel tanks and chemical mixing areas. b. The landscape buffer on the east perimeter of the PUD shall be a minimum of 15' in width and all non-invasive plant shall be retained. 3. TRANSPORTATION a. The maximum trip generation allowed by the proposed uses (both primary and ancillary) may not exceed 52 PM Peak Hour, two-way trips. b. The owner shall make a payment of $25,000 to the County within 30 days of PUD approval to be used for a CAT station/facilities along Rattlesnake Hammock Road. c. The owner will provide on-site bicycle racks for resident use to encourage alternatives to motorized vehicular travel. d. Access to Doral Circle shall be limited to emergency vehicles until a traffic signal is installed at the intersection of Doral Circle and Rattlesnake Hammock Road. No construction traffic shall be permitted on Doral Circle. Hibiscus RPUD PL20140000179 Page 7 of 8 Revised 03/16/2015 `-`1(} e. If a left-out median opening is permitted from Hibiscus Drive, the owner shall be responsible for costs associated with median improvements for the left out configuration. The County, in its sole discretion, reserves the right to modify or close any median openings at any time for capacity or safety reasons. 4. 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 Nassif Golf Ventures, LLC, 225 Banyan Boulevard, Suite 240, Naples, Florida 34102. 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. 5. EMERGENCY MANAGEMENT A. The property owner, prior to the issuance of the first residential certificate of occupancy, must develop a continuing hurricane awareness program and hurricane evacuation plan. The hurricane evacuation plan shall address and include at a minimum the following items: 1. Operational procedures for the dissemination of warning and notification of all residents and visitors during the hurricane watch and warning periods. 2. A public awareness program to address vulnerability, hurricane evacuation, hurricane shelter alternatives including hotels, staying with friends and the location of hurricane shelters and other protective actions which may be specific to the development. 3. Identification of who is responsible for implementing the plan. B. The property owner, prior to the issuance of the first residential certificate of occupancy, shall provide Collier County Emergency Management with funds required to provide 40 evacuation shelter cots, inclusive of 2 cots required for persons with special needs. Hibiscus RPUD PL20140000179 Page 8 of 8 Revised 03/16/2015 sue, O e t •,y: 5 G ~ oa T,-pD KF • FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State April 20, 2015 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha S. Vergara, BMR Senior 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. 2015-25, which was filed in this office on April 17,2015. Sincerely, Ernest L. Reddick Program Administrator ELR/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