Ordinance 2017-30 ORDINANCE NO. 17- 3
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 RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) TO
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) FOR A
PROJECT KNOWN AS THE MAC RPUD TO ALLOW DEVELOPMENT
OF 44 SINGLE-FAMILY DWELLING UNITS. THE SUBJECT
PROPERTY IS LOCATED ON THE NORTHWEST CORNER OF PALM
SPRINGS BOULEVARD AND RADIO LANE IN SECTION 34,
TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 10.76± ACRES; PROVIDING FOR
REPEAL OF ORDINANCE NO. 05-50, THE FORMER MAC
RESIDENTIAL PLANNED UNIT DEVELOPMENT, AND BY
PROVIDING AN EFFECTIVE DATE. [PL20160002565]
WHEREAS, Patrick Vanasse of RWA, Inc. representing D. R. Horton, Inc. petitioned the
Board of County Commissioners to rezone the subject property.
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 Residential
Planned Unit Development (RPUD) to a Residential Planned Unit Development (RPUD) to be
known as the MAC 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-01624/1348889/11179
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SECTION TWO: Repeal of Ordinances.
Ordinance No. 05-50, is hereby repealed in its entirety.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 day of la rj e_ , 2017.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK,;CLERK COLLIER •QTY, FLORIDA
AO
By: 1 � >Q . By: /& (�/_
se
ty Clerk PENNY i .,.LOR, C an
Wttest as Chairman's
sionatm^"".
Approved as to form and legality:
A it,,,,,---------_--
Hidi Ashton-Cicko
/64
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 the
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[16-CPS-01624/1348889/1]179
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EXHIBIT A
List of Permitted Uses
MAC Planned Unit Development
Regulations for development of the MAC 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 ± 10.76
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.
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EXHIBIT A
List of Permitted Uses
MAC Planned Unit Development Amendment
II. PRESERVE AREA
A. Permitted Uses:
1. Native preserves.
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EXHIBIT B
Development Standards
MAC Planned Unit Development Amendment
Exhibit B sets forth the development standards for the land uses within the MAC 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 YARD',2 15 FEET
MIN. SIDE YARD 5 FEET
MIN. REAR YARD 10 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
Footnotes
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EXHIBIT B
Development Standards
MAC Planned Unit Development Amendment
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.
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EXHIBIT D
Legal Description
MAC Planned Unit Development Amendment
ALL OF BLOCKS 1 (LOTS 1-7), 3 (LOTS 1-6 AND VACATED CALLE DEL REY) AND 5
(LOTS 1-7 AND VACATED CALLE DEL REY), 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.
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EXHIBIT E
List of Deviations
MAC 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 4.06.02.C, Table 2.4 which requires a 15-foot wide
Type B landscape buffer when Single-Family Residential Zoning abuts Commercial Zoning, to
allow for a 10-foot wide landscape buffer with Type B plantings along the existing public utility
easement, as shown on master plan.
Deviation #3 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.
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EXHIBIT F
PUD Commitments
MAC 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.
B. The owner of the MAC PUD will construct an ADA accessible bus stop pad (5' x 8' in
size) in the location shown on the master plan pursuant to County specifications no later
than at the time the owner constructs the sidewalk along Radio Lane adjacent to the project.
STORMWATER:
A. <RESERVED>
ENVIRONMENTAL:
A. Per LDC Section 3.05.07 Preservation Standards, 15%of the subject property's existing
native vegetation, or 1.30 acres, will be preserved onsite as generally depicted on Exhibit
C: RPUD Master Plan. Required preserve: ±1.30 ac (15%of±8.64 ac of existing native
vegetation). Preserve provided ±1.30 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.
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EXHIBIT F
PUD Commitments
MAC Planned Unit Development Amendment
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.
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.
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4
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a..
FLORIDA DEPARTMENT Of STATE
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. 17-30, 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