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Ordinance 2017-29 ORDINANCE NO. 17- 2 9 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES 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 PLANNED UNIT DEVELOPMENT (PUD) TO RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) FOR A PROJECT KNOWN AS THE TRIAD RPUD TO ALLOW DEVELOPMENT OF 44 SINGLE- FAMILY DWELLING UNITS. THE SUBJECT PROPERTY IS LOCATED ON THE NORTHEAST CORNER OF PALM SPRINGS BOULEVARD AND RADIO LANE IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 10.75± ACRES; PROVIDING FOR REPEAL OF ORDINANCE NO. 05-11, AS AMENDED BY ORDINANCE NO. 05-23, THE FORMER TRIAD PLANNED UNIT DEVELOPMENT, AND BY PROVIDING AN EFFECTIVE DATE. [PL20160002564] WHEREAS, Patrick Vanasse of RWA, Inc. representing D. R. Horton, Inc. petitioned the Board of County Commissioners to rezone the subject property. A NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Amendment to RPUD Document. The zoning classification of the herein described real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to a Residential Planned Unit Development (RPUD) to be known as the Triad RPUD 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 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. [16-CPS-01625/1348884/11169 Triad\PUDZ-PL20160002564 6/30/17 1 of 2 C SECTION TWO: Repeal of Ordinances. Ordinance No. 05-11, as amended by Ordinance No. 05-23, is hereby repealed in its entirety. 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 39 day of �U n CL, , 2017. ATTEST:.;, • BOARD OF COUNTY COMMISSIONERS DWIGI-17.E. BROCK, CLERK COLLIE' C• TY, FLORIDA By: Of 7.6(6/1`''..-:;f AttBS}as h&ttir Clerk PENNY 0' LOR, C re an signature only. Approved as to form and legality: H idi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A—Permitted Uses Exhibit B —Residential Development Standards Exhibit C—Master Plan Exhibit D—Legal Description Exhibit E - List of Requested Deviations Exhibit F—List of Development Commitments This ordinance filed with tr,, rstorydo#, ate'4 Ctq,_, y ay o�, '�fi�i -ir��_ aril acknowledge rhe t ti3Ot fill rettivedQay r [16-CPS-01625/1348884/1]169 Of �£� — Sc— Triad\PUDZ-PL20160002564 0' rk 6/30/17 2 of 2 • EXHIBIT A List of Permitted Uses Triad Residential Planned Unit Development Regulations for development of the Triad Residential Planned Unit Development(RPUD) shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the Land Development Code (LDC) and Growth Management Plan(GMP) in effect at the time of approval of site development plan or subdivision plat. 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. MAXIMUM DENSITY: There shall be no more than 44 single-family residential dwelling units permitted on the ± 10.75 gross acres, resulting in a maximum density of 4.09 dwelling units per acre. 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: I. RESIDENTIAL A. Principal Uses: 1. Single-family, detached 2. Temporary Model homes B. Accessory Uses: 1. Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to swimming pools, spas, screen enclosures,private garages, and other recreational uses. 2. Project sales, construction and administrative offices that may occur in temporary model homes and/or temporary structures. 3. Walls, berms, and signs. 4. Mail Kiosks. 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, as applicable. Page 1 of 10 6/30/2017 revision Triad PUDA RWA File 130019.02.00 PUDZ-PL20160002564 (Ai) EXHIBIT A List of Permitted Uses Triad Planned Unit Development Amendment II. PRESERVE AREA A. Permitted Uses: 1. Native preserves. Page 2 of 10 6/30/2017 revision Triad PUDA RWA File 130019.02.00 PUDZ-PL20160002564 S EXHIBIT B Development Standards Triad Planned Unit Development Amendment Exhibit B sets forth the development standards for the land uses within the Triad PUD. 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 site development plan (SDP) or subdivision plat. 1. Guardhouses, gatehouses, access control structures, clock towers, columns, decorative hardscaping or architectural embellishments associated with the project's entrance features are permitted within the "R" designated area abutting the project's entrance or within the private roadway as depicted on the PUD Master Plan, and shall have no required setbacks; however, such structures cannot be located where they create vehicular stacking or sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in actual height. Development Standards PRINCIPAL STRUCTURES SINGLE-FAMILY DETACHED MINIMUM LOT AREA 4,000 S.F. MIN. LOT WIDTH 40 FEET MIN. FLOOR AREA 1500 S.F. MIN. FRONT YARD1•2 15 FEET MIN. SIDE YARD 5 FEET MIN. REAR YARD 15 FEET MIN. PRESERVE SETBACK 25 FEET MIN. DISTANCE BETWEEN STRUCTURES 10 FEET MAX. ZONED BUILDING HEIGHT 35 FEET MAX. ACTUAL BUILDING HEIGHT 40 FEET ACCESSORY STRUCTURES MIN. FRONT YARD SPS MIN. SIDE YARD': SPS MIN. REAR YARDS 0 FEET MIN. PRESERVE SETBACK 10 FEET MAX. ZONED HEIGHT 25 FEET MAX. ACTUAL HEIGHT 30 FEET S.P.S. = Same as Principal Structure BH = Building Height LME = Lake Maintenance Easement LBE = Landscape Buffer Easement Page 3 of 10 6/30/2017 revision Triad PUDA RWA File 130019.02.00 PUDZ-PL20160002564 'tr EXHIBIT B Development Standards Triad Planned Unit Development Amendment Footnotes 1. For corner lots, only 1 front yard setback shall be required. The yard that does not contain the driveway vehicle access shall be considered a side yard and shall provide a minimum 5' setback. 2. The minimum 15' front yard setback may be reduced to 12' where the unit has a recessed or side-entry garage. Front-loading garages shall be set back a minimum of 23 feet from edge of sidewalk. 3. Where the rear yard of a lot abuts the rear yard of another lot, the rear yard setback for the accessory structures shall be 5'. 4. For lots adjacent to Palm Springs Boulevard, no air conditioning (A/C) units shall be located in side yards directly abutting the right-of-way. General Notes 1. All minimum yard setbacks will be measured from lot boundaries — LMEs and LBEs will be platted as separate tracts 2. For corner lots and lot abutting roadway terminus, see typical plan view detail in Exhibit C depicting lot with measurement and yard configurations. Page 4 of 10 6/30/2017 revision Triad PUDA RWA File 130019.02.00 PUDZ-PL20160002564 0° o Cjm 5\3 p M A A W _ y=o DT m "3 < n-1 > X f 0) (70 '2 13 > 0 > (-) I''' > D 0 D 0 - S r, OI� 'i rszu+gm,=im 00 .(7)^ 0 C? C) � -'� -iC � ZOOC� ZCGZZ _2 D D1m 5 °4~ =zm -< � M -1v, C x05 ,3 � Im ;00m > m ZOM 0) -I (/) C) � -I OCr > mui § ( ODZo :U m � -IZ � m0OR5 � D OCmf m r _ --I 5. z-.-,pK- K O =I C) 0 m m m 0p. -0 H -4 _ C O m m D W -1 D - m 0 M> 8 mz m2m�-<> I, z > l+ 13 . -400 0mOD0 _1 z 0m0 > m > yniD i iDZzzNm� a � < c�o � � � � p � mmmrnOz � oCZ) - O z rmDcnD Dm ;pmv D � DSSZO --I -C Z -GZ •• g ° 7)�o��-I 0a) 0 < O -I ?<> m 0 z 0 m O m 0 y Z I� m O o � x�mDo � < m I+ m y 0 m D -I m to rn z c Co 0 Z + �oDcizn��m m O r > Z 73 = L G) m m g Zryn mr1m < A .7J D Z -I m M m Z n r o Z o z m m i ZONING:RMF-12(7) 0 cn CURRENT USE:RESIDENTIAL SINGLE-FAMILY,PALM SPRING NEIGHBORHOOD . ; c i NI \'.....'..r;.."*.:•• a :1-711i „i iz<i0:: \ + +. . EX 25'PUE I 11.4 131 c?. tv y «•`••'•`••`•++•41 G 23 m 10'TYPE"D"BUFFER m z XI • I`'C �o 1 m I --1 Z (1' m x I < I mOON :?: 1 (---;---fc. — -s) 1 oa o•••-• mZ i O ' I K -G) v,l m I z p'' ti 70 I Jr m K .—y Ui 'Xi 'I y: ;, n W II a [ 'D O r IR7 z m ' Z t" p i '6i-ri { A t D /I m 15,BUFFER v. 00 ., 0c O TYPE A PLANTINGS xi z m m D A i i zv <� � i /� 1 -- _ . RADIO LANE _.. - — — — i ZONING:C-3 COMMERCIAL CURRENT USE:SHELL SERVICE STATION,BUS STOP SCALE 1.-40 I O.R.NORTON,INC. If ' -._.._ ____ TRIAD RPUD ' �. ----- -, s_ 1 ENGINEERING �.. ,. ...-_- .......... ........_ e. 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"" D.R.NORTON.INC lak. _. _. _ �_ ._. + i I, i I' I •4:Y„. TRIAD RPUD lMGrNlHUMGI Ill ` 8!4 L= MASTER PLAN EXHIBIT C .M, ...� { - EXHIBIT D Legal Description Triad Planned Unit Development Amendment (AS TAKEN FROM TITLE COMMITMENT) ALL OF BLOCKS 2, 4 AND 6 AND THAT PART OF VACATED CALLE DEL REY LYING EAST OF PALM SPRINGS BOULEVARD,NORTH OF BLOCK 4 AND SOUTH OF BLOCK 6, PALM SPRINGS PLAZA, UNIT NO. 1,ACCORDING TO THE MAP OR PLAT THEREOF, AS RECORDED IN PLAT BOOK 8, PAGE 21, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Page 7 of 10 6/30/2017 revision Triad PUDA RWA File 130019.02.00 PUDZ-PL20160002564 EXHIBIT E List of Deviations Triad Planned Unit Development Amendment Deviation #1 seeks relief from LDC Section 6.06.01.N, "Street System Requirements,"which requires minimum local street right-of-way width of 60 feet,to allow for a 50-foot right-of-way minimum width for the private streets. Deviation #2 seeks relief 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 banner sign up to a maximum of 32 square feet in area. The temporary banner sign shall be limited to maximum of 90 days during season defined as November 1st to April 30th per calendar year. This deviation will remain valid until 90% of the units are sold. At such time, the deviation will be void. Deviation #3 seeks relief from LDC Section 4.06.02.C, Table 2.4, which requires a 15-foot wide Type B landscape buffer where Single-Family Residential Zoning abuts Multi-Family Residential Zoning along the eastern PUD boundary, to allow for a 15-foot wide Type A landscape buffer along the existing masonry wall. Deviation #4 seeks relief from LDC Section 6.06.02.A.1 which requires that sidewalks be constructed on both sides of public and private rights-of-way, to allow for sidewalks on one side of the ROW for roadway stubs where indicated on the Master Plan. Page 8 of 10 6/30/2017 revision Triad PUDA RWA File 130019.02.00 PUDZ-PL20160002564 `,10 EXHIBIT F PUD Commitments Triad Planned Unit Development Amendment PUD MONITORING: 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 DR Horton Inc., a Delaware corporation, or its assigns. 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. TRANSPORTATION: A. The proposed development is limited to 50 unadjusted two-way PM weekday peak hour trips consistent with the TIS provided at the time of rezone. STORMWATER: A. <RESERVED> ENVIRONMENTAL: A. Per LDC Section 3.05.07 Preservation Standards, 15%of the subject property's existing native vegetation, or 1.40 acres, will be preserved onsite as generally depicted on Exhibit C: RPUD Master Plan. Required preserve: ±1.40 ac (15%of±9.37 ac of existing native vegetation). Preserve provided ±1.40 ac B. Supplemental plantings may be planted within the Preserve to meet the Type A Landscape Buffer requirement. The developer may use Wax Myrtle or shrubs native to the habitat type planted in a manner which mimics the natural plant community. LANDSCAPE: A. Measuring from the north boundary of the PUD, the preserve area shall be no less than 52 feet in width at its narrowest point, and the combined area of the preserve and water management area shall be no less than 204 feet at its narrowest point. Page 9 of 10 6/30/2017 revision Triad PUDA RWA File 130019.02.00 PUDZ-PL20160002564 EXHIBIT F PUD Commitments Triad Planned Unit Development Amendment B. For the 10 foot wide Type D buffer along Palm Springs Boulevard,the LDC required hedge shall be maintained at a height of 5 feet when mature, and consist of either Clusia and/or Buttonwood plantings. C. The 10 foot wide Type A LDC required landscape buffer along the northern boundary shall be met in the preserve through equivalent supplemental plantings within the preserve as allowed by LDC Section 3.05.07. D. Along the northern property boundary the developer is proposing a 3 foot high retaining wall on the outside of the preserve. This wall shall be fully shielded with Fakahatchee grass. Page 10 of 10 6/30/2017 revision Triad PUDA RWA File 130019.02.00 PUDZ-PL20160002564 ,t tttt. ,rii L l.. FLORIDA DEPARTMENT Of STATE b RICK SCOTT KEN DETZNER Governor Secretary of State July 6, 2017 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. 17-29, which was filed in this office on July 6, 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