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Ordinance 2017-18 ORDINANCE NO. 17 - 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 NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE RESIDENTIAL MULTI-FAMILY-6 ZONING DISTRICT (RMF-6- BMUD-NC) AND THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT OF THE COMMERCIAL INTERMEDIATE ZONING DISTRICT (C-3-BMUD-NC) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT WITHIN THE NEIGHBORHOOD COMMERCIAL SUBDISTRICT OF THE BAYSHORE DRIVE MIXED USE OVERLAY DISTRICT FOR THE PROJECT TO BE KNOWN AS MATTAMY HOMES RESIDENTIAL PLANNED UNIT DEVELOPMENT, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 276 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED IN THE NORTHWEST QUADRANT OF BAYSHORE DRIVE AND THOMASSON DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 37+/- ACRES; AND PROVIDING AN EFFECTIVE DATE. [PL20160000183] WHEREAS, Mattamy Naples, LLC, represented by Richard Yovanovich, Esq. of Coleman, Yovanovich and Koester, PA and D. Wayne Arnold of Q. Grady Minor & Associates, Inc., 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 14, Township 50 South, Range 25 East, Collier County, Florida, is changed from the Neighborhood [ 16-CPS-01572/1344269/11 112 Mattamy Homes/PL20160000183 6/8/17 Page 1 of 2 �,P Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Residential Multi-Family-6 Zoning District (RMF-6-BMUD-NC) and the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District of the Commercial Intermediate Zoning District (C-3-BMUD-NC) to a Residential Planned Unit Development (RPUD), within the Neighborhood Commercial Subdistrict of the Bayshore Drive Mixed Use Overlay District to allow construction of a maximum of 276 residential dwelling units in accordance with the RPUD Document, attached hereto as Exhibits "A" through "F" 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 by the Board of County Commissioners of Collier County, Florida, this 0*-day of ffu ne_ , 2017. ATTEST BOARD OF COUNTY COMMISSIONERS DWIGHT',, BROCK, CLERK COLLIER COUNTY, FLORIDA By: 1 A114 ..:..., .L Dut ,Mew" PE TAYL• ', ' hairman Attest as to Chairman's signature only. V Approved as to form and legality: Heidi Ashton- icko Managing Assistant County Attorney Attachments: Exhibit A-Permitted Uses This ordinance filed with the Exhibit B-Development Standards Secretary of State's Office the Exhibit C-Master Plan `' day of Jung- , 20(1 Exhibit D-Legal Description and acknowledgement of that Exhibit E-Deviations filing received this �44'day Exhibit F-List of Developer Commitments of—""' 2.0/ . By I. [ 16-CPS-01572/1344269/1] 112 Mattamy Homes/PL20160000183 6/8/17 Page 2 of 2 EXHIBIT A FOR MATTAMY HOMES RPUD Regulations for development of the Mattamy Homes 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 total of 276 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, townhouse, variable zero lot line, two family and single family. 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. Customary accessory uses associated with the principal uses permitted in this RPUD, including but not limited to garages,carports, swimming pools, spas,screen enclosures and utility buildings. 2. Gatehouses, and access control structures. 3. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, gazebos and picnic areas. 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. AMENITY AREA A. Principal Uses: Mattamy RPUD PL2016000183 Page 1 of 10 May 18,2017 CCPC 1. Clubhouses with cafes,snack bars and similar uses intended to serve residents and guests. 2. Community administrative and recreation facilities. Outdoor recreation facilities, such as a community swimming pool, tennis/pickle ball courts and basketball courts, parks, playgrounds, pedestrian/bikeways, and passive and/or active water features (for use by the residents and their guests only). 3. Tennis clubs, health spas, fitness facilities and other indoor recreational uses (for use by the residents and their guests only). 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries,gazebos, boat and canoe docks,fishing piers, picnic areas, fitness trails and shelters to serve residents and their guests. B. Accessory Uses: 1. Model homes and model home centers including sales trailers and offices for project administration, construction, sales and marketing. 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. Mattamy RPUD PL2016000183 Page 2 of 10 May 18,2017 CCPC (�A EXHIBIT B FOR MATTAMY HOMES RPUD DEVELOPMENT STANDARDS Exhibit B sets forth the development standards for land uses within the Mattamy Homes 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. PRINCIPAL STRUCTURES TOWNHOUSE VARIABLE LOT TWO-FAMILY SINGLE FAMILY MULTI- AMENITY LINE FOR FAMILY AREA SINGLE FAMILY Minimum Lot Area 1,200 SF 3,000 SF 2,625 SF 3,000 SF 10,800 SF 5,000 SF Minimum Lot Width 20 feet 40 feet 35 feet 40 feet 120 feet N/A Minimum Lot Depth 60 feet 75 feet 75 feet 75 feet 90 feet N/A Minimum Front Yard Setback*1, *6 20 feet 20 feet 20 feet 20 feet 20 feet N/A Minimum Side Yard Setback 0/10 feet 0/10 feet*4 5 feet*2 5 feet 5 feet 10 feet Minimum Rear Yard Setback*3 10 feet 10 feet 10 feet 10 feet 10 feet 15 feet Minimum Lake Maintenance Easement Setback*3 0 feet 0 feet 0 feet 0 feet 0 feet 0 feet Maximum Building Height 1 or 2 story 1 or 2 story Zoned 35 feet 35 feet Actual 45 feet 45 feet 3 story 3 story Zoned 42 feet 30 feet 30 feet 30 feet 42 feet 42 feet Actual 50 feet 35 feet 35 feet 35 feet 50 feet 50 feet Minimum Distance Between Buildings 10 feet*7 10 feet 10 feet 10 feet 10 feet*7 10 feet Floor Area Min. (S.F.), per unit, ground floor 700 SF 900 SF 900 SF 900 SF 700 SF N/A Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 15 feet 20 feet ACCESSORY STRUCTURES Minimum Front Yard Setback*1 20 feet 20 feet 20 feet 20 feet 20 feet 20 feet Minimum Side Yard Setback 0 feet 0 feet 0 feet 0 feet 10 feet 10 feet Minimum Rear Yard Setback*3 10 feet 10 feet 10 feet 10 feet 10 feet 10 feet Minimum Drainage Easement Setback*3 0 feet 0 feet 0 feet 0 feet 0 feet 15 feet Minimum PUD Boundary Setback 15 feet 15 feet 15 feet 15 feet 15 feet 10 feet Minimum Distance Between Structures 0/10 feet*5 0/5 feet*5 0/10 feet*5 10 feet*5 0/10 feet*5 10 feet Maximum Height Zoned 20 feet 20 feet 20 feet 20 feet 20 feet 25 feet Actual 25 feet 25 feet 25 feet 25 feet 25 feet 30 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 that do not exceed 50%of the facade width may be reduced to 15'.All parking areas must remain clear of sidewalks. *2—Minimum separation between adjacent dwelling units,if attached,may be 0'. Mattamy RPUD PL2016000183 Page 3 of 10 May 18,2017 CCPC cA *3—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 structure setback on the platted residential lot may be reduced to zero(0)feet where it abuts the easement. *4—The side setback may be variable between zero feet(0')to five feet(5')as long as a 10-foot minimum separation between principal structures is maintained. If the variable lot line for single-family option is utilized,the owner shall provide with the building permit application,the setback of the principal structures on the abutting lots of all sides. *5—Zero Feet(0')if attached and five feet(5')if detached;However detached structures must maintain a minimum ten foot(10')separation. *6—For corner lots,only one frontage shall be considered a front yard. The other frontage setback shall be%the front yard setback. *7—any building exceeding 2 stories shall maintain minimum building separation of twenty feet(20'). 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. Mattamy RPUD PL2016000183 Page 4 of 10 May 18,2017 CCPC I- N _ 5 ti R€ , W w lE =C(�g 1 ���z_— I - Q Q N w 2 d 2 J J J Z (.) d J Y J ❑ O Q _ ,v, Q ¢ 00 Q D n. H m U H � Z � Z ce Z w m W p w LL F ❑ Z ❑ LL a - ❑ N Dm w d w m d ❑ m b ❑ U D P w CL CO a ww ❑ u) W D 0 D d Z w 0 O Z Z2 W Z u) u) W N pew 4 a 0 C ❑ 0 dw CC N 0 _ W Li- w o CCO a 0 3/IRJa 3t!OHSAV8 ;� _ m 0 Q zz O mm m ,C I- O )' �, i. i• 'r1VM H9'11.100,1 9 o I; E. Z zo i ,- � \ — •m� _I w Z 0 w0 lc � w O Q z O < j j w W I j Q is j Z J o O a c I I ¢ O I i/ d 1 I. ¢ Qa s j IQ � Z I I j j I; z y �' � ' �i %. �/ a j N ¢ 91 co ¢ j `,---------- I-j 2 j 3 I w-J m a , 5. o 1 , 1 fy 11 ct j I x i I. a z ❑ • - ; w I i ED w _ _ i I _ ' I 1; zu " a ow L \ ---F------:- - -- \ I j x i' w D -' t. aim � , C .• 00 a • dill m j j j l Ow �, a ¢ 0 w e, Z a 'YN j ' i j ❑ z� O j v UJ o E7 1 N i _, 1 I w a Co 1—¢ � I I j 9'. o �w LL cz to P Q •j j I II �dw IX �s v ¢ j jI IS, m o g- I j j I I ''• z „ r. - I. IIOAIII3 M II'I NIVHD �,__ �� eg 8 s 1332i1S 3NId TIVA;I HOIH h003 9 -4 f; ,i a W W w 00 OZ Li. 1VI1N341S321 : fl I- Z ~ J g 00 Z21-af1W8-9-3W2l QNV lH-af W8-9-3 J :a3NOZ U w - 0 > 8 g" P 2 wO '±' IA co 0 Lii CO 0- _- ¢ 0 ❑ gFenuca .e" }a 3 w Q a aw z¢ °• e0000a 0 ce LOo N .mN Q ¢ wQ W O rcrcsrc6'o 0 00 :W W I- cc z D Qa e ¢ U¢ ¢ U _I- F- i[ ¢+I N � +I -LI- 0 N W I- Z F . LL s-mss � ONNM• -0 d QQw ZW � Q �a r H ai <t d CO m pp l— 2 J D W 0 ¢ w �pI ce =w � ja QP J Lii H 0 N W p H a - H d Z W W 1 Z < W ¢ I— O ❑-IW� UO Q ~ = 2 z ¢ I- ¢ wz �� Qw2 � uLI °wQ � O MJW ¢ w Z a J ZWF— � (/) ❑ ZOOU JJ � z0 cc coI cL < >- W OW ¢ _ z ¢ ¢ >- w ~ ¢ �cco w WW Q �-I zQ2W� Qo 0ZZ Qw � � w � 0 co Cz-7zww aC[ -QtU-iO Qww Iw-(nw . LL u- g < 00 z0 Cn¢ ceLL � ZOJ ❑ U > cncnw NW2¢ DO ❑ a- WCC WCCI•- D S — WJOU W W We cc as Rd H ❑ I- 00 co I- aa ¢ 2Q ❑ W cC ¢ co —I Q w u 11 u 0 2 0I 5 ' N viz N ®�' a10 EXHIBIT D FOR MATTAMY HOMES RPUD LEGAL DESCRIPTION PARCEL 1: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27A, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE NORTH AND SOUTH 1/4 LINE OF SECTION 14 AND ALONG THE WEST LINE OF LOT 59 OF SAID NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO.2, NORTH 0°13'10" WEST 50.0 FEET TO THE NORTH RIGHT-OF-WAY LINE OF S-858(THOMASSON DRIVE);THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 89°45'16" EAST, 30.00 FEET TO THE EAST RIGHT-OF-WAY LINE OF PINE STREET AND THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; THENCE ALONG SAID EAST RIGHT-OF-WAY LINE, NORTH 0°13'10" WEST 1282.27 FEET TO THE NORTH LINE OF LOT 56 OF SAID NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2; THENCE ALONG SAID NORTH LINE, NORTH 89°41'31" EAST 1265.08 FEET TO THE WEST RIGHT-OF-WAY LINE OF S-858 (KELLY ROAD); THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 0°17151" EAST 800.00 FEET; THENCE SOUTH 89°41'31" WEST 451.76 FEET; THENCE SOUTH 0°17'51" EAST 483.12 FEET TO THE NORTH RIGHT-OF-WAY LINE OF SAID S-858 (THOMASSON DRIVE); THENCE ALONG SAID NORTH RIGHT-OF- WAY LINE, SOUTH 89°45'16" WEST 815.00 FEET TO THE PLACE OF BEGINNING; BEING A PART OF LOT 56, A PART OF LOT 57,A PART OF LOT 58, AND A PART OF LOT 59 OF SAID NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2, COLLIER COUNTY, FLORIDA. PARCEL 2: COMMENCING AT THE SOUTH 1/4 CORNER OF SECTION 14, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,SAID POINT BEING THE SOUTHWEST CORNER OF LOT 59 OF NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2,ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 27, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA;THENCE ALONG THE NORTH AND SOUTH 1/4 LINE OF SAID SECTION 14 AND ALONG THE WEST LINE OF LOT 59, OF SAID NAPLES GROVES AND TRUCK CO'S LITTLE FARMS 2, NORTH 00°13'10"WEST 50.00 FEET,TO THE NORTH RIGHT-OF-WAY OF S-858 (THOMASSON DRIVE);THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE, NORTH 89°45'15" EAST 845.00 FEET FOR THE PLACE OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;THENCE NORTH 00°17'51" WEST, 483.12 FEET;THENCE NORTH 89°41'31" EAST, 451.76 FEET TO THE WEST RIGHT-OF-WAY LINE OF S-858 (KELLY ROAD); THENCE ALONG SAID WEST RIGHT-OF-WAY LINE, SOUTH 00°17'51" EAST, 433.61 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE, SOUTHWESTERLY, 78.58 FEET ALONG THE ARC OF A CIRCULAR CURVE, CONCAVE TO THE NORTHWEST, RADIUS 50.00 FEET, SUBTENDED BY A CHORD WHICH BEARS SOUTH 44°43'42" WEST,70.74 FEET;THENCE ALONG THE NORTH RIGHT- OF-WAY LINE OF S-858 (THOMASSON DRIVE),SOUTH 89°45'16"WEST,401.76 FEET TO THE PLACE OF BEGINNING; BEING A PART OF LOT 58,AND A PART OF LOT 59 OF SAID NAPLES GROVES AND TRUCK CO'S LITTLE FARMS NO. 2, COLLIER COUNTY, FLORIDA. Mattamy RPUD PL2016000183 Page 6 of 10 May 18,2017 CCPC EXHIBIT E FOR MATTAMY HOMES RPUD LIST OF DEVIATIONS 1. From LDC Section 4.02.16.A.1, Design Standard in the Bayshore Gateway Triangle Redevelopment area, which requires dimensional standards as shown in Table 1, Dimensional Requirements in the BMUD-NC, to allow Mattamy Homes to establish their own residential development types and dimensional standards as set forth in this PUD. 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 50' wide local private road. This deviation applies when the developer proposes to develop local platted streets in lieu of a private drive or access way. See Typical Street Section. 3. From LDC Section 4.06.02.C.4, Buffer Requirements, which requires developments of 15 acres or more to provide a perimeter landscape buffer of at least 20 feet in width regardless of the width of the right-of-way, to permit a minimum 15' wide Type 'D' buffer adjacent to external right-of- ways. Mattamy RPUD PL2016000183 Page 7 of 10 May 18,2017 CCPC KV 9S:6 L IWZ/£//5 0M0"133211SdU-VHIY\SoNIMVdJ\{£9 10000910Z1d) 31,t0Z321 S311OH ANNIVII -VH11\`JNINNY1d - Mad\DI,INNVIdV0 CD \\\\ W Q ' 4. ^ N O J ^ am 3z� CO S iotli 13 U Q m 1- W CD z q w J D a, o CO U W O Cf) N H- li 1 _ _ _ _ _ _ _ _ _ _ O W I- cn cn <I" z c Q > Ua W , rr- o O N W Z N C. _ Z I Q CC O J Vis_ n Q wW I=A r $ cc w 840 g 1 n d W I— i : J / Z g EE O J \ cn L W y e O > in Q 'a s e 2 N > t , z O rn In Z = C a Z J CI d J QQ - Qri In W ' W c ) w (n G.. Z ii ch O 111 m 4 c I C_) V d m CO W O W Y Q O Z CO 1- E3 N N D C7 CO Z Y U >- p Qm m D w } CO cn W CO cn Y ,o a ®� w. A W W m C� I— C' W z O Q 0 1 Z CD EXHIBIT F FOR MATTAMY HOMES RPUD LIST OF DEVELOPER COMMITMENTS 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 Mattamy Homes, LLC, 4107 Crescent Park Drive, Riverview, FL 33578. 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. PLANNING a. Amenity areas shown are approximate locations and final location shall be determined at time of SDP or Plat. The northernmost amenity area will be developed in the event an interconnection with Windstar is constructed. One of the potential amenity areas may be developed with residential dwellings. b. A maximum of 62 density bonus pool units, as provided for in the Bayshore Gateway Triangle Redevelopment Overlay in the Future Land Use Element of the GMP, are available for this RPUD for a period of seven years from the date of approval of this RPUD. If after seven years the bonus units have not been utilized, the bonus units shall expire and not be available unless reauthorized by the Board of Zoning Appeals. 3. TRANSPORTATION A. Intensity of uses under any development scenario for the PUD is limited to the two-way, unadjusted, average weekday, pm peak hour trip entering/exiting generation of 138 total trips consistent with the TIS dated July 6, 2016 (gross trips). The term "unadjusted" references pass-by and internal capture trip reductions that are not included in the above calculation. B. The owner, or its successors or assigns, at its sole expense, shall construct a five-foot wide sidewalk along the RPUD's frontage on Pine Street prior to the issuance of the first certificate of occupancy for the RPUD. Owner shall install a wall with Type'B' buffer plant material along Pine Street as depicted on Exhibit C, Master Plan. Mattamy RPUD PL2016000183 Page 9 of 10 May 18,2017 CCPC 4. 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. c. As represented by applicant at the required neighborhood information meeting, no blasting shall be used in the process of creating the water management areas. 5. LANDSCAPING In order to avoid conflicts with utilities and sidewalks, the required canopy tree for an individual lot shall be on from the following list: Wax Myrtle 1:1 Green Buttonwood 1:1 Satin Leaf 1:1 Pigeon Plum 1:1 Geiger Tree 1:1 Silver Buttonwood 1:1 Pitch Apple (Clusia) 1:1 Dahoon Holly 2:1 Where it can be demonstrated that another tree species can be planted without conflict, staff may approve this alternative species. 6. DRAINAGE To obtain drainage concurrency, prior to issuance of the first certificate of occupancy, the owner shall, at its sole cost, replace the existing 12-inch drainage pipe within the Pine Street right-of- way with an appropriately-sized drainage pipe that will accommodate stormwater from the RPUD and from property that currently flows through the Pine Street drainage pipe. Prior to construction, the Collier County Road Maintenance Department must review and approve the plans and the owner shall obtain a right-of-way permit. Mattamy RPUD PL2016000183 Page 10 of 10 May 18,2017 CCPC (flt 4 11 ff, -NN vit - R, , i„....; , __.,.,.g..., .A lF . Y �,1` a,, WE .' t 0 FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State June 20, 2017 Honorable Dwight E. Brock Clerk of the Circuit Court Collier County Post Office Box 413044 Naples, Florida 34101-3044 Attention: Martha Vergara, 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. 17-18,which was filed in this office on June 20, 2017. 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