Ordinance 2016-09 ORDINANCE NO. 16 - 0 9
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 RURAL AGRICULTURAL (A)
ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE ABACO CLUB RPUD,
TO ALLOW CONSTRUCTION OF A MAXIMUM OF 104
RESIDENTIAL DWELLING UNITS ON PROPERTY
LOCATED AT THE SOUTHWEST CORNER OF
IMMOKALEE ROAD AND WOODCREST DRIVE IN
SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 15.9 +/-
ACRES; AND BY PROVIDING AN EFFECTIVE DATE.
[PUDZ-PL20150000204]
WHEREAS, Rock Development Group, LLC, represented by Alexis Crespo, AICP of
Waldrop Engineering, P.A., 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 26,
Township 48 South, Range 26 East, Collier County, Florida, is changed from a Rural
Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) for a
project to be known as the Abaco Club RPUD, to allow construction of a maximum of 104
[15-CPS-01430] 163
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residential dwelling units, 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 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.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ark day of A p r i , 2016.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: `1 ��+ 4C . By:
Attest : to • ,
ty Clerk 4L?
NNA FIALA, Chairman
-;;InatUre only.
Appro ed as to form and legality:
Up
Heidi Ashton-Cicko
Managing Assistant County Attorney
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description This ordinance filed with the
Exhibit E: Requested Deviations from LDC Seer tary of 5. re's Office the
Exhibit F: Developer Commitments 5day of .off�P
and acknowledge net fc that
filin rece'ved this .�� day
6y 1-0 . . ,,_i
[15-CPS-01430] 163
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EXHIBIT"A"
LIST OF PERMITTED USES
ABACO CLUB RPUD
Development of the Abaco Club RPUD shall be in accordance with the contents of this Ordinance
and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of
issuance of any development order, such as, but not limited to final site development plan,
excavation permit, and preliminary work authorization, to which such regulations relate. Where
these regulations fail to provide developmental standards, then the provisions of the most similar
district shall apply.
PERMITTED USES:
No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or
in part,for other than the following:
1. GENERAL
A. Principal Uses and Structures:
1. Entry Gates & Gatehouse.
2. Essential services, including interim and permanent utility and maintenance facilities.
3. Water management facilities.
4. Walls, berms and signs.
5. Passive open space uses and structures, including, but not limited to landscaped areas,
gazebos, park benches, and walking trails.
Any other principal and related use that is determined to be comparable to the foregoing by
the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the
Land Development Code (LDC).
B. Accessory Uses
Accessory uses customarily associated with Permitted Principal Uses, and any other
accessory use and related use that is determined to be comparable to customary accessory
uses by the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined
in the Land Development Code (LDC).
II. RESIDENTIAL
A. Principal Uses and Structures:
1. Multi-family dwelling units.
Any other principal and related use that is determined to be comparable to the foregoing by
the Board of Zoning Appeals or Hearing Examiner pursuant to the process outlined in the
Land Development Code (LDC).
Abaco Club RPUD—PUDZ-PL20150000204
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B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses including but not
limited to:
1. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. Temporary sales trailers and model units.
3. Essential services, including interim and permanent utility and maintenance
facilities.
4. Water management facilities.
5. Walls, berms and signs.
6. Passive open space uses and structures, including, but not limited to landscaped
areas,gazebos, park benches, and walking trails.
Any other accessory use and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process
outlined in the Land Development Code (LDC).
III. RECREATION AREA(ON PUD MASTER PLAN)
1. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts,
fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board
courts.
2. Passive open space uses and structures, including, but not limited to landscaped areas,
gazebos, park benches, and walking trails.
Any other accessory use and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process
outlined in the Land Development Code (LDC).
IV. DESIGN STANDARDS
The RPUD will contain a unified architectural theme and private amenities. The RPUD shall
include, but is not limited to the following:
• Swimming pool
• Community building with bathroom facilities and concrete tile roof
• Mail kiosk
• Access control gates
V. DEVELOPMENT DENSITY
A maximum of 104 dwelling units shall be constructed within the project. The gross project area
is 15.9 ±acres and the residential density maximum shall be 6.54 units per acre.
Abaco Club RPUD—PUDZ-PL20150000204
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Page 2 of 8
EXHIBIT"B"
DEVELOPMENT STANDARDS
ABACO CLUB RPUD
Table I below sets forth the development standards for land uses within the Abaco Club 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 SDP or subdivision plat.
Guardhouses, gatehouses, access control structures, clock towers, columns, decorative hardscaping
or architectural embellishments associated with the project's entrance are permitted and shall have
no required setbacks; however such structures cannot be located where they create sight distance
issues for motorists and pedestrians, and cannot exceed 35' in actual height.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS1li
PERMITTED USES Multi-Family Dwellings Recreation
AND STANDARDS
Min. Lot Area N/A N/A
Min. Lot Width N/A N/A
Min. Lot Depth N/A N/A
SETBACKS
Front 15')2) 20'
Side 10' 10'
Rear(Principal)l3i 10'from Perimeter Buffer or 0' 10'from Perimeter Buffer or 0'
from LME from LME
Rear(Accessory)(3) 0'from Perimeter Buffer 0'from Perimeter Buffer
or LME or LME
Min. Distance 20'
Between Principal 10'
Structures
Maximum Height 45'/2 stories 45'
Actual
Zoned 35'/2 stories 35'
Minimum Floor Area 1,000 S.F. N/A
Per Unit
(1) All distances are in feet unless otherwise noted.
(2) Front setback is measured from back of curb, or edge of pavement if not curbed,for private roads.The
minimum 15'front setback may be reduced to 10'where the unit has a recessed or side-entry garage.
Front-loading garages shall be setback a minimum of 23 feet from the edge of sidewalk for private roads.
(3) No structures may be located within the county drainage easement shown on the PUD master plan.
Abaco Club RPUD—PUDZ-PL20150000204
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EXHIBIT"D"
LEGAL DESCRIPTION
ABACO CLUB RPUD
PARCEL A:
THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE NORTH 100 FEET
THEREOF PREVIOUSLY DEDICATED FOR ROAD RIGHT OF WAY.
LESS AND EXCEPT THAT PORTION TAKEN BY COLLIER COUNTY, FLORIDA, IN THAT CERTAIN
STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 3302, PAGE 3228, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THAT PORTION TAKEN BY COLLIER COUNTY, FLORIDA, IN THAT CERTAIN
STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 4366, PAGE 789, OF THE
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
LESS AND EXCEPT THE FOLLOWING DESCRIBED PARCEL(PER O.R. 3252, PAGE 572):
THE WEST 200.00 FEET LESS AND EXCEPT THE NORTHERLY 88.92 FEET OF THE FOLLOWING
DESCRIBED PROPERTY:
THE EAST 1/2 OF THE NORTHEAST 1/4, OF THE NORTHEAST 1/4, OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT FOR ROAD RIGHT
OF WAY OVER AND ACROSS THE EAST 30 FEET THEREOF, AND EXCEPTING THE NORTH 100 FEET
THEREOF PREVIOUSLY DEDICATED FOR ROAD RIGHT OF WAY.
PARCEL B:
THE WEST 200.00 FEET LESS AND EXCEPT THE NORTHERLY 88.92 FEET OF THE FOLLOWING
DESCRIBED PROPERTY:
THE EAST 1/2 OF THE NORTHEAST 1/4, OF THE NORTHEAST 1/4, OF SECTION 26, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT FOR ROAD RIGHT
OF WAY OVER AND ACROSS THE EAST 30 FEET THEREOF, AND EXCEPTING THE NORTH 100 FEET
THEREOF PREVIOUSLY DEDICATED FOR ROAD RIGHT OF WAY.
Abaco Club RPUD—PUDZ-PL20150000204
Last Revised:April 12,2016
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EXHIBIT"E"
LIST OF REQUESTED DEVIATIONS FROM LDC
ABACO CLUB RPUD
Deviation 1: Deviation from LDC Section 4.05.04.G regarding multi-family dwellings, which allows
parking spaces for recreation facilities to be computed at 25 percent of the normal requirements
where a majority of the dwelling units are within 300 feet of the recreation facilities, to allow the
parking spaces for the recreation facilities to be computed at 25 percent where the majority of
dwelling units are within 500 feet of the recreation facilities-
Deviation 2: Deviation from LDC Section 5.03.02.C.2, which permits a maximum wall height of
six (6) feet in residential zoning districts, to allow for a maximum wall height of eighteen feet
(18') along Immokalee Road and twelve feet (12') along Woodcrest Drive.
Deviation 3: Deviation from LDC Section 5.04.04.B.3.e, which provides that a temporary use permit
for a model home (occupied or unoccupied) and sales center shall be issued initially for a period of
three (3) years. The requested deviation is to allow the model homes and sales center to remain in
use up to five (5) years without requiring a conditional use.
Deviation 4: Deviation from LDC Section 5.04.06.A.3.e 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, subject to approval
under temporary sign permit procedures in the LDC. The temporary sign or banner shall be limited
to 90 days per calendar year. This deviation will remain valid until 90% of the units are sold. At such
time, the deviation will be void.
Deviation 5: Deviation from LDC Section 5.06.02.B.6.b, which permits two (2) ground or wall signs
per entrance to the development with a combined sign area of 64 square feet, to allow for two (2)
ground or wall signs at the project entrance with a combined sign area of 80 s.f.
Deviation 6: Deviation from LDC Section 3.05.07.H.1.f.i., which limits satisfying native vegetation
off-site to less than one (1) acre,to allow for 1.22 acres of native vegetation to be satisfied off-site.
Deviation 7: Deviation from LDC Section 6.06.01.J, which prohibits dead-end streets, to allow two
(2) dead-end accessways and two (2) dead-end hammerheads within the RPUD.
Deviation 8: Deviation from LDC Section 4.06.02.C, which requires a Type "B" buffer where multi-
family uses are proposed adjacent to single-family residential uses, to omit the buffer along the
western property line, and a portion of the southern property line where the existing stormwater
pond abuts the Bent Creek Preserve PUD, as shown on the PUD master plan. Approval of this
deviation requires building foundation plantings to be provided within a 10-foot plantable area
along the western side of the multi-family buildings facing the Bent Creek Preserve PUD, and
outside of the lake maintenance easement.
Abaco Club RPUD—PUDZ-PL20150000204
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EXHIBIT"F"
DEVELOPMENT COMMITMENTS
ABACO CLUB RPUD
1. 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 Rock Development Group, LLC. Should the Managing Entity desire to transfer the
monitoring and commitments to a successor entity, then it must provide a copy of a legally
binding document that needs to be approved for legal sufficiency by the County Attorney.
After such approval, the Managing Entity will be released of its obligations upon written
approval of the transfer by County staff, and the successor entity shall become the
Managing Entity. As Owner and Developer sell off tracts, the Managing Entity shall provide
written notice to County that includes an acknowledgement of the commitments required
by the PUD by the new owner and the new owner's agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity shall not be relieved of
its responsibility under this Section. When the PUD is closed-out, then the Managing Entity
is no longer responsible for the monitoring and fulfillment of PUD commitments.
2. TRANSPORTATION
A. The development shall be limited to a maximum of 62 two-way unadjusted PM Peak
Hour Trips.
B. The owner, or their successors or assigns, shall provide a bicycle/pedestrian
interconnection to the Bent Creek Preserve PUD to the south as shown on the PUD
Master Plan.
C. If warranted, the owner, or their successors or assigns, shall provide a fair share
contribution toward the installation of a traffic signal at the intersection of Woodcrest
Drive and Immokalee Road.
D. The owner, or their successors or assigns, shall provide a fair share contribution toward
the installation of the third westbound to southbound turn lane at the Immokalee Road
and Collier Boulevard (CR 951) intersection.
E. The owner, its successors or assigns, shall design, permit and construct a left turn lane
into the project from Woodcrest Drive in accordance with the FDOT Standard
Specifications then current at the time of permitting and construction. The turn lane
shall be completed prior to issuance of the certificate of occupancy for the first
residential building. The owner, its successors or assigns, shall not be required to convey
right-of-way to the County to compensate for placing the left turn lane within County
right-of-way.
F. Sidewalks will be provided on both sides of the internal accessways.
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3. ENVIRONMENTAL
A. The subject site contains approximately 8.11 acres of native vegetation, of which 15%
(1.22 acres) is required to be preserve. The native vegetation preservation requirement
will be satisfied off-site in accordance with Section 3.05.07.H.1.f of the Land
Development Code. See Deviation No. 6.
4. STORMWATER
A. Prior to any joint use by Owner of the County's stormwater pond within the Collier
County Drainage Easement for Immokalee Road, the Owner shall enter into a
developer's agreement with Collier County.
B. County reserves the right to use any remaining capacity in the stormwater pond or
Stormwater Pond Area, as defined in the developer's agreement, for Immokalee Road
or any future County projects without payment or compensation to Developer or
owner. This includes the right of the County to increase the County's discharge into the
stormwater pond up to the capacity approved by permitting agencies now or in the
future, or as the capacity may be modified by County within the Stormwater Pond
Area. All costs and expenses, including but not limited to engineering, permitting, and
construction, associated with any increase in discharge or increase in capacity by County
are solely the responsibility of the County. All restoration or repair of damage to the
Stormwater Pond Area associated with any increase in discharge and/or capacity by
County is solely the responsibility of the County. The existing Lake Maintenance
Easement ("LME") for the Stormwater Pond Area shall not be moved by County any
further east than exists on the date of approval of this PUD as shown on Exhibit "C", the
PUD Master Plan.
5. MISCELLANEOUS
A. Issuance of a development permit by a county does not in any way create any rights on
the part of the applicant to obtain a permit from a state or federal agency and does not
create any liability on the part of the county for issuance of the permit if the applicant
fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal
agency or undertakes actions that result in a violation of state or federal law.
B. All other applicable state or federal permits must be obtained before commencement of
the development.
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
April 15, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann P. 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. 16-09, which was filed in this office on April 15, 2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us