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Ordinance 2015-34 ORDINANCE NO. 2015 - 3 4 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 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 RESIDENTIAL (RSF-3) AND AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT KNOWN AS ARGO MANATEE RPUD TO ALLOW DEVELOPMENT OF UP TO 225 SINGLE FAMILY AND/OR MULTI- FAMILY DWELLING UNITS ON PROPERTY LOCATED SOUTH AND ADJACENT TO U.S. 41 AND MANATEE ROAD IN SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 75.3± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20130002588] WHEREAS, Anita Jenkins, AICP of J.R. Evans Engineering, P.A. and Richard D. Yovanovich, Esquire of Coleman Yovanovich & Koester, P.A. representing Roberto Su, Sixto Su, Angel Ham, and Argo Manatee, LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the herein described real property located in Section 11, Township 51 South, Range 26 East, Collier County, Florida, is changed from a Residential 4(RSF-3) and Agricultural (A) zoning district to a Residential Planned Unit Development (RPUD) zoning district for a 75.3± acre project known as Argo Manatee RPUD to allow development of up to 225 single family and/or multi-family dwelling units in accordance with the RPUD Documents attached hereto as Exhibits "A" through "F" and incorporated herein by reference. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. [14-CPS-01298/1187054/11105 Argo Manatee-RPUD/PUDZ-PL20130002588 1 of 2 Rev.6/12/15 0 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida,this day of j i , 2015. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA c/a. By' Q (4L . By• Attest as t•I rk TIM NANCE, Chairman si gnature Approved as to forrti, legality: • u l ,2 , ..� .. i�rs- \ S\`' Heidi Ashton-Cicko U' Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B —Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E—Deviations Exhibit F—Developer Commitments This ordinance filed with the ��er�ary of Suite's Office the � tinyof _, x015 and acknowledgem- t9that #ail received . s• ' day 41 gy 1e ,' ' [14-CPS-01298/1187054/11105 Argo Manatee-RPUD/PUDZ-PL20130002588 2 of 2 Rev.6/12/15 's✓.A Exhibit A Permitted Uses Project Land Use Tracts Tract Type Units Acreage +/- Tract "R" Residential 225 37 Tract "P" Preserve 0 19.0 Lakes, waterways, easements and ROW 19.3 Total 225 units 75.3 acres 1) General Permitted Land Uses Streets, alleys, water management facilities and structures, utilities and other infrastructure improvements are generally permitted anywhere within this RPUD except for in the P, Preserve Tract. 2) Tract "R", Permitted Uses Up to 225 residential units consisting of single family units and mulit-family units are permitted in Tract "R". Principal Uses a) Single family detached dwellings b) Two-family and duplex dwellings c) Townhouse d) Multi-family e) Clubhouse and uses and structures customarily associated with a clubhouse. f) 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 or the Hearing Examiner by the process defined in the Land Development Code. Accessory Uses a) Accessory uses and structures customarily associated with principal uses permitted in the land use tract including swimming pools, spas, and screen enclosures. b) Project information and sales centers including model homes and offices for the project administration, construction, sales and marketing. Argo Manatee PUD PUDZ-PL 2013-000258 06/15/2015 1 of 13 �,9 c) Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process defined in the Land Development Code. 3) Tract "P", Preserve Permitted Uses Principal Uses a) Preserve area Accessory Uses and Structures a) Water management conveyance and structures in accordance with South Florida Water Management District permitting. b) Nature trails, viewing platforms, and educational signs. c) Any other accessory use which is comparable in nature with the foregoing list of permitted accessory uses, as determined by the Board of Zoning Appeals or the Hearing Examiner by the process defined in the Land Development Code. Argo Manatee PUD PUDZ-PL 2013-000258 06/15/2015 2 of 13 Exhibit B Development Standards General Development of the Argo Manatee RPUD shall be in accordance with the contents of this Ordinance and applicable section of the Collier County Land Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization to which such regulations relate. Where these regulations fail to provide development standards, the provision of the most similar district in the LDC shall apply. TABLE I DEVELOPMENT STANDARDS FOR"R"TRACT SINGLE DUPLEX&TWO FAMILY FAMILY TOWNHOUSE MULTI-FAMILY CLUBHOUSE DETACHED Minimum Lot Area 4,000 SF 3,500 SF 2,000 SF 10,000 SF 10,000 SF Minimum L_of Width 3 40 Ft 30 Ft 20 Ft 100 Ft 70 Ft Front Principal 1 Yard &Accessory 20 Ft 15 Ft 15 Ft 15 Ft 15 Ft Setback 6 Rear Principal 10 Ft 10 Ft 20 Ft 20 Ft 20 Ft Yard Setback Accessory 5 5 Ft 5 Ft 5 Ft 5 Ft 5 Ft 2,4 0 Ft 0 Ft Half the Side Yard Setback 5 Ft or or Half the building building Principal &Accessory 4 5 Ft 5 Ft height height Preserve Principal 25 Ft 25 Ft 25 Ft 25 Ft 25 Ft Setback Accessory 10 Ft 10 Ft 10 Ft 10 Ft 10 Ft Maximum Height 30/35 Ft 30/35 Ft 35/40 Ft 35/40 Ft 35/40 Ft (Zoned/Actual) Distance Between Half the sum of Half the sum 10 Ft 10 Ft 10 Ft the building of the building Principal Structures heights heights Minimum Floor Area 1,200 SF 1,200 SF 1,000 SF 1,000 SF 1,000 SF Argo Manatee PUD PUDZ-PL 2013-000258 06/15/2015 3 of 13 (G Notes: 1. Front yards for dwellings and side-entry garages are measured from back of curb or edge of pavement (if not curbed). Front yards for a front loaded garage are measured from garage door to back of curb or edge of pavement, whichever is closer to the garage door. For front entry garages, a minimum of 23 feet from edge of sidewalk to the garage must be provided. Front setback for side entry garages may be reduced to 12 feet. This footnote does not apply to setbacks from public roads. 2. Where adjacent to a lake (measured from top of bank), or open space, the setback may be reduced to 0 feet. 3. Minimum lot width may be reduced by 29% for cul-de-sac lots provided minimum lot area requirements are met. 4. Accessory pool enclosure/screen lanai setback may be reduced to 0 feet when attached to common privacy wall. 5. Accessory pool enclosure/screen lanai setback from lake maintenance easement may be reduced to 0 feet. 6. Buffers and lake maintenance easements need to be separately platted. 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(O y 11 % w c B / « Z © R In CI\ 0 / , ƒ ~ § 3: , = . zG , , , § -,0 2 La ( 2 / LU , / } (3 / § \ \ ) / § § / }&! ) 2 % JGu 2 Z >( > 1-- } \( } 7 \ � , f ; \ a Argo manatee PUDPUo-PL S, /A -'°w741 1w"~w^®"' ^"''''' - `''` Noƒ- 0 Exhibit D Legal Descriptions for Parcel A and Parcel B Parcel A A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST; THENCE SOUTH 89°27'19" EAST, ALONG THE NORTH LINE OF SAID NORTHWEST 1/4, 2131.64 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 41; THENCE SOUTH 54°20'31" EAST, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE 1435.60 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH 35°40'04" WEST 551.44 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST; THENCE 396.95 FEET SOUTHWESTERLY ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 300.00 FEET,A CENTRAL ANGLE OF 56°42'47", AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 64°01'38" WEST 284.97 FEET TO A POINT LYING ON THE SOUTH LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 87°38'32" WEST, ALONG SAID SOUTH LINE 43.87 FEET TO THE SOUTHEAST CORNER OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11; THENCE NORTH 88°50'23" WEST, ALONG SAID SOUTH LINE 934.45 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY 104.70 FEET, ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 450.00 FEET,A CENTRAL ANGLE OF 13°19'49", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 82°09'15" WEST 104.46 FEET; THENCE NORTH 75°29'20" WEST 100.00 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST; THENCE NORTHWESTERLY 127.96 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 550.00 FEET, A CENTRAL ANGLE OF 13°19'48", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 82°09'15" WEST 127.67 FEET; THENCE NORTH 88°40'25" WEST 59.68 FEET TO A POINT ON A LINE LYING 40.00 FEET EAST, AS MEASURED PERPENDICULAR, OF THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11; THENCE NORTH 01°42'29" EAST, ALONG SAID LINE LYING 40.00 FEET EAST OF THE WEST LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SAID SECTION 11, 999.91 FEET; THENCE LEAVING SAID LINE SOUTH 73°29'27"WEST 897.50 FEET; THENCE SOUTH 02°22'19"WEST 146.93 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHWEST; THENCE SOUTHWESTERLY 221.84 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 284.74 FEET, A CENTRAL ANGLE OF 44°38'19", AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 24°36'47" WEST 216.27 FEET TO THE A POINT OF COMPOUND CURVATURE; THENCE SOUTHWESTERLY, WESTERLY AND NORTHWESTERLY 374.07 FEET ALONG THE ARC OF SAID COMPOUND CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 300.00 FEET, A CENTRAL ANGLE OF Argo Manatee PUD PUDZ-PL 2013-000258 06/15/2015 8 of 13 71°26'28", AND BEING SUBTENDED BY A CHORD WHICH BEARS SOUTH 82°54'52" WEST 350.30 FEET TO A POINT OF REVERSE CURVATURE; THENCE NORTHWESTERLY 52.06 FEET ALONG THE ARC OF SAID REVERSE CURVE HAVING A RADIUS OF 370.00 FEET, A CENTRAL ANGLE OF 08°03'45", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 66°00'05"WEST 52.02 FEET; THENCE NORTH 20°29'30" EAST 59.98 FEET; THENCE NORTH 09°05'00" EAST 251.55 FEET TO THE CENTERLINE OF HENDERSON CREEK; THENCE NORTH 64°41'46"WEST, ALONG THE CENTERLINE OF SAID CREEK 128.17 FEET TO THE WEST LINE OF SAID SECTION 11; THENCE NORTH 01°58'34" EAST, ALONG SAID WEST LINE OF SECTION 11, 81.45 FEET; THENCE LEAVING SAID WEST LINE SOUTH 76°59'03"E 10.40 FEET; THENCE NORTH 01°56'56" EAST 463.90 FEET; THENCE NORTH 89°25'36" WEST 10.00 FEET TO SAID WEST LINE OF SECTION 11; THENCE NORTH 01°58'34" EAST, ALONG THE WEST LINE OF SECTION 11, 70.02 FEET TO THE POINT OF BEGINNING. CONTAINING 68.215 ACRES MORE OR LESS. SUBJECT TO EASEMENTS RESTRICTIONS AND RESTRICTIONS OF RECORD. BEARING ARE BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE AND ARE REFERENCED TO THE NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD 83/90). Parcel B A PARCEL OF LAND LYING IN THE NORTHWEST 1/4 OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 11, TOWNSHIP 51 SOUTH, RANGE 26 EAST FOR A POINT OF REFERENCE; THENCE SOUTH 89°27'19" EAST, ALONG THE NORTH LINE OF THE SAID NORTHWEST 1/4, 2131.64 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF US HIGHWAY NO. 41; THENCE SOUTH 54°20'31" EAST, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 1535.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE CONTINUE SOUTH 54°20'31" EAST, ALONG SAID SOUTHWESTERLY RIGHT-OF-WAY LINE, 815.12 FEET TO THE EAST LINE OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE SOUTH 01°13'51" WEST, ALONG SAID WEST LINE, 93.67 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 11; THENCE NORTH 87°38'32" WEST, ALONG THE SOUTH LINE OF SAID NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 11, 835.73 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE CONCAVE TO THE NORTHEAST; THENCE NORTHWESTERLY 151.62 FEET ALONG THE ARC OF SAID CURVE HAVING A RADIUS OF 200.00 FEET, A CENTRAL ANGLE OF 43°26'08", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 65°43'09" WEST 148.01 FEET TO A POINT OF COMPOUND CURVATURE; THENCE NORTHWESTERLY, NORTHERLY AND NORTHEASTERLY 41.66 Argo Manatee PUD PUDZ-PL 2013-000258 06/15/2015 9 of 13 FEET ALONG THE ARC OF SAID COMPOUND CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 30.00 FEET, A CENTRAL ANGLE OF 79°33'32", AND BEING SUBTENDED BY A CHORD WHICH BEARS NORTH 04°06'48" WEST 38.39 FEET; THENCE NORTH 35°40'04" EAST 535.79 FEET TO THE POINT OF BEGINNING. CONTAINING 7.052 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. BEARING ARE BASED UPON THE FLORIDA STATE PLANE COORDINATE SYSTEM, EAST ZONE, AND ARE REFERENCED TO THE NORTH AMERICAN DATUM OF 1983, 1990 ADJUSTMENT (NAD 83/90). Argo Manatee PUD PUDZ-PL 2013-000258 06/15/2015 10 of 13 Exhibit E List of Requested Deviations from the Land Development Code (LDC) Deviation 1 seeks relief from LDC section 6.06.02.A.2. "sidewalks and bike lane pathway requirements,"which requires sidewalks on both sides of a right-of-way or easement internal to a site, to allow for a 6-foot sidewalk to be constructed along one side of the right-of-way, in accordance with the internal right-of-way cross-section A-A shown on the Master Concept Plan, Exhibit C. This deviation applies only to the cul-de-sac east of Manatee Road. Where a six foot sidewalk is constructed along one side of the right-of-way, the owner shall provide one canopy tree per thirty linear feet of sidewalk. Canopy trees located within ten feet of the sidewalk may count towards a sidewalk canopy tree. Deviation 2 seeks relief from LDC section 6.06.01.N. "street system requirements,"and appendix b, "typical street sections," which establish a 60-foot width for local roads, to allow a 50-foot wide road in accordance with the internal right-of-way cross-section A-A shown on the Master Concept Plan, Exhibit C. Deviation 3 seeks relief from LDC Section 5.06.02.B.6. "On-premises signs within residential districts" which allows two ground signs with a maximum height of 8 feet or wall, residential entrance or gate signs to be located at each entrance to a multi-family or single-family development, to allow for up to 2 additional ground signs at the property boundary corner at the intersection of US 41 and Manatee Road. Deviation 4 seeks relief 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 12' tall wall/berm along the Tamiami Trail/US 41 frontage. Argo Manatee PUD PUDZ-PL 2013-000258 06/15/2015 11 of 13 ) Exhibit F List of Owner Commitments For the purposes of the PUD, the owner commitments set forth below are applicable to the property owners, its successors, and/or assigns. 1) Environmental Native vegetation shall be preserved in this RPUD in accordance with the table below. Argo Manatee Native Preserve Summary Description Approximate Acreage Total Project Area 75.3 Ac On-Site Native Vegetation 53.1 Ac Percentage for required Native 25% Preserve Required Native Vegetation 13.3 ac On- site Preserved Native Vegetation 19.0 ac Off-site Preserved Native Vegetation 0 ac Total Preserve Area 19.0 ac 2) Planning a) One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-out of the PUD. At the time of this PUD approval, the Managing Entity is Sixto Su, an individual with an address of12185 S. Dixie Hwy, Miami, FL 33156. 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 Argo Manatee PUD PUDZ-PL 2013-000258 06/15/2015 12 of 13 r: 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. 3) Transportation a) Manatee Road, which provides access to the Argo Manatee PUD, is currently owned by The District School Board of Collier County. The District has granted an ingress egress for access, utilities and construction to Angel Ham, Sixto Su and Robert Su, its successors and assigns by ingress easement and utility access easement dated August 4, 2014 and recorded in the Official Records Book 5065 Page 2548. b) The TIS was based upon a development scenario of 170 single-family dwelling units and 55 multi-family dwelling units. The total of the estimated peak hour two-way unadjusted trips was 206 trips. The development scenario of single family and multifamily units may change, however the project will not exceed a maximum of 206 unadjusted trips during the PM peak hour. c) A pedestrian interconnection from the project's internal roadway to Manatee Road, and a crosswalk on Manatee Road, shall be provided as shown on Exhibit C, Master Concept Plan. The specific location of the pedestrian interconnection and crosswalk shall be determined during the platting review or site development plan review process. 4) Stormwater Management a) The project site shall continue to receive an off-site inflow of stormwater from two (2) box culverts under US-41. At the first to occur of subdivision plat or Site Development Plan, the Owner shall convey to Collier County, at no cost to county, a drainage easement, free and clear of all liens and encumbrances, for the conveyance and outfall of the off-site inflow of stormwater through the project site. The County shall have no maintenance responsibility of the drainage easement. Argo Manatee PUD PUDZ-PL 2013-000258 06/15/2015 13 of 13 kr? ., ,,,.., ;.. . . ....._ ,.,_ ,_.4, ,.„.•,- _ „, „..........._, ,„,„,.., „..- , ,. , , FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 16, 2015 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. 2015-34, which was filed in this office on June 16, 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