Ordinance 2016-24 ORDINANCE NO. 16- 2 4
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 THE RESIDENTIAL RMF-6 ZONING DISTRICT TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING
DISTRICT FOR A PROJECT KNOWN AS THE ONYX RPUD TO
ALLOW DEVELOPMENT OF UP TO 48 SINGLE FAMILY AND/OR
MULTI-FAMILY DWELLING UNITS ON PROPERTY LOCATED ON
THE EAST SIDE OF SANTA BARBARA BOULEVARD
APPROXIMATELY ONE-HALF MILE NORTH OF RATTLESNAKE-
HAMMOCK ROAD IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8.72± ACRES;
PROVIDING FOR REPEAL OF ORDINANCE NO. 06-53 AND BY
PROVIDING AN EFFECTIVE DATE. [PUDZ-PL20140000890]
WHEREAS, Tim Hancock, AICP of Stantec, representing Polly Ave. 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 16,
Township 50 South, Range 26 East, Collier County, Florida is changed from the Residential
RMF-6 zoning district to a Residential Planned Unit Development (RPUD) zoning district for a
8.72± acre project to be known as the Onyx RPUD to allow up to 48 residential 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 No. 2004-41, as amended, the Collier County Land Development Code, is/are hereby
amended accordingly.
SECTION TWO: Repeal of Ordinance No. 06-53.
Ordinance No. 06-53 is hereby repealed in its entirety.
[14-CPS-01384] 157
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SECTION THREE: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 1344`day of Sep--ern , 2016.
ATTEST BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK;CLERK COLLIER COUNTY, FLORIDA
Z)1,1/4.,ust
By: 4L2L
Attest-as tet ONNA FIALA, Chairman
signature
Approved as to form and legality:
1kei LA
\ �
q\‘
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—Deviations
Exhibit F—Developer Commitments
I I%s ordinance filed with the
cry of State's Otfice the
ity of " c;:karci
nckr7owledgerrint iia?
received t icy
[14-CPS-013841157
Onyx RPUD\PUDZ-PL20140000890 °j"""cle-`
8/9/16 2 of 2
EXHIBIT A
FOR ONYX RPUD
PERMITTED USES:
This 8.72 acre residential project shall be developed with up to 48 residential dwelling units,
through utilization of Transfer of Development Right (TDR) credits, or up to 35 residential
dwelling units without the use of TDR credits and may be developed with single family,
townhouses, multifamily, or a mixture of the three, subject to the development standards
contained herein. The project density will be a maximum of 5.5 residential units per gross acre.
Prior to SDP and/or plat approval for dwelling units in excess of the 35 base units, the owner
must provide documentation that the required number of TDR credits have been redeemed
to permit the additional 13 dwelling units for a maximum dwelling unit count of 48. The owner
must provide the necessary individual TDR credit tracking numbers for each TDR credit
required as a separate exhibit to the SDP and/or plat application titled TDR Credit Verification
Sheet.
The Master Concept Plan shall be designed to ensure the harmonious placement of all of the
uses in a manner that achieves maximum compatibility with the nearby neighborhood, and
one that incorporates a uniform plan of development enhanced by complimentary
landscape improvements.
Residential (R)
The maximum number of residential dwelling units shall not exceed 48 units.
Residential development will be designed to accommodate single-family, townhouse, or multi-
family dwelling types, compatible recreational facilities, essential services and customary
accessory 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 primary uses:
A. Principal Uses
1 . Multi-family dwellings
2. Single-family dwellings, including zero lot line
3. Townhouses
4. 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 LDC.
B. Temporary Uses
1. Model units
Page 1 of 11
Onyx RPUD PL20140000890
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if i!.s
2. Project information and Sales centers
3. Construction administrative offices for the developer and authorized contractors and
consultants, including temporary access ways and parking areas.
4. Sales and administrative offices for the developer, project management or managing
development association, including temporary access ways and parking areas.
C. Accessory Uses and Structures
1 . Accessory uses and structures customarily associated with principal uses permitted in
this District.
2. Enclosed Garages and no at grade parking lots except for the amenity center.
3. Guardhouses and Gatehouses
4. 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 (BZA) or
Hearing Examiner by the process outlined in the LDC.
Amenity Center (AC)
A. Principal Uses
1 . Community Use Area (inclusive of recreation facilities and maintenance structures)
2. Administration facilities intended to serve the residents and guests of the proposed
development.
3. Swimming Pools, Tennis courts and other similar recreational facilities and buildings to
serve residents and their guests.
4. Guardhouses and Gatehouses
5. 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 (BZA) or
Hearing Examiner by the process outlined in the LDC.
B. Temporary Uses
1 . Project information and Sales centers
Page 2 of 11
Onyx RPUD PL20140000890
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2. Construction administrative offices for the developer and authorized contractors and
consultants, including temporary access ways and parking areas.
3. Sales and administrative offices for the developer, project management or managing
development association, including temporary access ways and parking areas.
C. Accessory Uses and Structures
1 . Accessory uses and structures customarily associated with principal uses permitted in
this District.
Preserve (P)
A. Principal Uses
1 . Preserves.
B. Accessory Uses and Structures
1. Non-paved biking, hiking, and nature trails, and boardwalks.
2. Water management structures required by permitting agencies.
3. Native preserves and wildlife sanctuaries.
Page 3 of 11
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rr
EXHIBIT B
DEVELOPMENT STANDARDS:
Table I below sets forth the development standards for Single-Family and Multi-Family
Residential land uses within the proposed Residential Planned Unit Development (RPUD).
Standards not specifically set forth within this application shall be those specified in applicable
sections of the LDC in effect as of the date of approval of the SDP or Subdivision plat.
TABLE I - RESIDENTIAL DEVELOPMENT STANDARDS
MULTI-FAMILY SINGLE-FAMILY AMENITY
DWELLING & DWELLING / ZERO ACCESSORY
TOWNHOUSE LOT LINE C(AC)R STRUCTURES
(R) (R)
MINIMUM LOT AREA N/A 3,500 square feet N/A N/A
MINIMUM LOT WIDTH 60 Feet 35 Feet N/A N/A
MINIMUM FLOOR AREA OF 1,400 square 1,400 square feet 750 square N/A
BUILDINGS feet (per unit) feet
MINIMUM BUILDING SETBACK 70 feet 70 feet NA 35 feet
(From Polly Avenue)
MINIMUM BUILDING SETBACK 150 feet 150 feet 150 feet 150 feet
(From Sunset Avenue)
MINIMUM BUILDING SETBACK 30 feet 30 feet 30 feet 30 feet
(From Santa Barbara Avenue)
MINIMUM BUILDING SETBACK 20 feet 20 feet 20 feet 20 feet
(From Adkins Ave ROW)
MINIMUM DISTANCE BETWEEN
STRUCTURES
Principal Structure 25 feet 12 feet N/A
Accessory Structure 15 feet 0 or 10 feet 10 feet SPS
MINIMUM INTERNAL SETBACKS
Front Yard 20 feet 20 feet 20 feet 20 feet
Side Yard 20 feet 6 feet, or 0' on one 10 feet 10 feet
side and 12'on the
other
Rear Yard 20 feet 20 feet 20 feet 20 feet
SETBACKS FROM LANDSCAPE 10 feet 10 feet 10 feet 10 feet
BUFFER EASEMENT (L.B.E)
PRESERVE SETBACK 25 feet 10 feet
MAXIMUM ZONED HEIGHT 2 stories & 35 2 stories & 35 feet 1 story & 25 35 feet
feet feet
MAXIMUM ACTUAL HEIGHT 2 stories & 42 2 stories & 42 feet 1 story & 25 42 feet
feet feet
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Onyx RPUD PL20140000890
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Footnotes apply to all tracts and lots in the PUD:
1. If the parcel is directly accessed by a private driveway, setback is measured from the
back of curb (if curbed) or edge-of-pavement (if not curbed). This would apply to multi-
family development tracts that do not have platted road rights-of-way.
2. Front yard setback from the back of sidewalk to the face of the garage door must be a
minimum of 23 feet for internal private roads.
3. All L.B.E's shall be platted as separate tracts or shown as separate tracts on the SDP.
Page 5 of 11
Onyx RPUD PL20140000890
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BOULEVARD BOUNDARY SECTION17
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EXHIBIT D
LEGAL DESCRIPTION:
(AS SHOWN IN O.R. BOOK 3864, PAGE 123)
PARCEL ONE:
EAST HALF (E 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4)
OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
LESS THE NORTH 30 FEET, THE EAST 30 FEET, AND THE SOUTH 30 FEET, THEREOF, COLLIER COUNTY,
FLORIDA.
AND
PARCEL TWO:
WEST HALF (W 1/2) OF THE SOUTHWEST QUARTER (SW 1/4) OF THE SOUTHWEST QUARTER (SW 1/4)
OF THE NORTHWEST QUARTER (NW 1/4) OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
LESS THE NORTH 30 FEET, AND THE SOUTH 30 FEET, THEREOF, COLLIER COUNTY, FLORIDA.
Page 7 of 11
Onyx RPUD PL20140000890
Revised July 29, 2016 ,
EXHIBIT E
DEVIATIONS:
Nothing in this PUD Document shall approve a deviation to the LDC unless it is listed in this
Exhibit E.
1. A deviation from LDC Section 6.06.02. A.2 which requires that a 5-foot wide sidewalk be
provided on both sides of public and private rights-of-way or easements which are
internal to the site, to instead provide a 5-foot wide sidewalk on one side of the private
right-of-way as depicted in the master plan (Exhibit C). The sidewalk may only be
omitted on one side of a street which is immediately adjacent to the rear of the
structures and where no driveway accesses are provided. When residential units front
on or have driveway access to both sides of a street, sidewalks shall be provided on
both sides of the right of way. Where the sidewalk is omitted, the owner shall install Type
D landscape material in its place. A landscape buffer easement is not required for
these plantings.
2. A deviation from LDC Section 2.03.07 D.4.g which requires, upon the issuance of
approval of a site development plan or subdivision plat that is part of a PUD or DRI, TDR
credits and TDR Bonus credits shall be redeemed at a rate proportional to percentage
of the PUD or DRI's approved gross density that is derived through TDR credits and TDR
Bonus credits, to instead permit the developer to construct all units from base density
(35 units) before requiring application of TDR credits.
3. A deviation from LDC Section 6.06.01.N which establishes the minimum right-of-way
width of 60 feet be utilized, to instead establish that all internal roadways, if platted,
may be reduced to a 50 foot right-of-way configuration in accordance with the right-
of-way cross section attached to the Master Plan Exhibit C.
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Onyx RPUD PL20140000890
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EXHIBIT F
DEVELOPMENT COMMITMENTS:
PROPOSED DENSITY AND TRANSFER OF DEVELOPMENT RIGHTS (TDR)
1 . The overall project density is 5.5 dwelling units per acre (48 unit maximum) and will be
based upon surveyed acreage (8.72 acres) inclusive of existing right-of-way reservations
and or easement dedications.
2. Prior to the approval of an SDP or Plat that includes any units beyond the 35 base units;
required TDR credit(s) shall be redeemed from designated and qualified Sending Lands.
ATTACHED GARAGE
1 . Each dwelling unit shall have an enclosed garage attached to the principal structure.
CONSTRUCTION
1 . The first floor of each unit will utilize primarily concrete block construction.
2. The minimum unit size shall be 1,400 square feet.
3. Asphalt shingles shall be prohibited as a roofing material
4. The community may be gated as shown on the MCP. No gates shall be allowed within
the Adkins Road easement.
SOLID WASTE
1 . Solid Waste will be provided by curb side pick-up of individual trash receptacles for
each dwelling unit. Dumpsters will not be used for solid waste disposal, except during
construction.
ENVIRONMENTAL
1. Preserve Area Calculation: 7.46 acres (existing vegetation) x 15% = 1.12 acres to be
preserved.
PUBLIC UTILITIES
1. During the course of Site Development Plan (SDP) design and permitting, the applicant
will make reasonable efforts to identify and locate future water connections and a fire
hydrant in or near the Adkins right of way to provide future connections for the residents
to the east of the project.
TRANSPORTATION
Page 9 of 11
Onyx RPUD PL20140000890
Revised July 29, 2016 Ar)
The development of the land within this PUD shall be subject to and governed by the following
conditions:
1 . The maximum trip generation allowed by the proposed uses (both primary and
ancillary) may not exceed 33 PM Peak Hour, two way trips.
2. The Owner, or its successors and assigns, shall construct a right ingress turn lane at the
site's access point on Santa Barbara at the future Adkins Road intersection, which may
be placed in the County right of way. A right of way permit will be required and the turn
lane and all other improvements will be designed and constructed pursuant to County
standards. If the County needs additional right of way now or in the future to
accommodate any future turn lane, curbing, traffic signs, street lights, transit stops,
sidewalk, drainage and utility improvements determined needed by County including
slope and clear zones, owner or its successors and assigns, will convey to County road
right of way up to the width and size of the County right of way used by Owner for its
right ingress turn lane. Owner or its successors and assigns, will convey the road right of
way to County at no cost to County within 60 days of County's written request, free and
clear of all liens and encumbrances. County may make more than one request for right
of way and owner shall convey the requested right of way to compensate for Owner's
use of the County's right of way. Owner, or its successors and assigns, shall have the
option to construct a retaining wall, subject to the County's approval of the design and
placement, on Owner's property outside of the existing road right of way with handrails
to reduce the size of the right of way needed by County.
3. All internal roads, driveways, alleys, pathways and sidewalks, as well as pedestrian
interconnections to adjacent developments shall be operated and maintained by an
entity created by the developer. Collier County shall have no responsibility for
maintenance of any such facilities.
LANDSCAPING
1 . To ensure adequate visual screening after clearing and removal of exotics from the
preserve, the owner shall construct a 6' privacy wall along the east and southern
property lines, adjacent to the preserve as shown on the MCP.
2. Hedges proposed in the rear yards, illustrated as the cross-hatched area on Exhibit C -
Master Plan and denoted as landscape material consistent with Type "D" Landscape
Buffer, are allowed to be maintained in excess of 36 inches in height.
LIGHTING
1 . Street lighting for the project will utilize flat panel or similar down-lighting fixtures and cut
off shields where appropriate to avoid light spill onto adjacent properties and to reduce
light pollution and shall be limited to 20 feet in height.
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MONITORING REPORT
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 Polly Avenue,
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.
NOTICE
The developer shall include a disclosure in the projects covenants, conditions and restrictions
that there are agriculturally zoned properties with farm animals in proximity to the project
which may make noise audible to homeowners in the project.
MISCELLANEOUS
1 . 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.
2. All other applicable state or federal permits must be obtained before commencement
of development.
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
September 15, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Teresa Cannon, 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. 16-24, which was filed in this office on September 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