Ordinance 2018-05 ORDINANCE NO. 18- 0 5
AN ORDINANCE AMENDING ORDINANCE NO. 03-40, AS AMENDED,
THE HERITAGE BAY PLANNED UNIT DEVELOPMENT, TO APPROVE
AN INSUBSTANTIAL CHANGE TO THE PUD, TO ADD A DEVIATION
FROM LDC SECTION 4.06.02.C.7.a TO REMOVE THE REQUIREMENT
FOR A LANDSCAPE BUFFER ALONG AN INTERNAL SIDE SHARED
PROPERTY LINE BETWEEN LOT 1A, LOT 2A, AND LOT 3A OF THE
HERITAGE BAY COMMONS — TRACT D SECOND REPLAT
SUBDIVISION, AND PROVIDING FOR AN EFFECTIVE DATE. THE
PUD IS LOCATED ON THE NORTHEAST CORNER OF IMMOKALEE
ROAD AND COLLIER BOULEVARD (CR 951) IN SECTIONS 13, 14, 23
AND 24, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 2,562±ACRES. [PDI-PL20170001859]
WHEREAS, on July 29, 2003, the Board of County Commissioners approved Ordinance
No. 03-40, which established the Heritage Bay Planned Unit Development (PUD) zoning district;
and
WHEREAS, on June 22, 2010, the Board of County Commissioners approved Ordinance
No. 10-24, which amended the Heritage Bay PUD; and
WHEREAS, Cameron Partners II, LLC, and 2017 Goodland Naples, LLC, represented by
Daniel Moyer, P.E., of CPH, Inc., filed a petition to request approval of an insubstantial change to
the Heritage Bay PUD, which was heard by the Collier County Hearing Examiner at a public
hearing on November 30, 2017, and subsequently approved.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION I OF THE PUD DOCUMENT
ATTACHED TO ORDINANCE NO. 03-40, AS AMENDED, THE
HERITAGE BAY PUD, TO ADD SUBSECTION 1.12, PROVIDING
FOR DEVIATIONS RELATING TO LANDSCAPE BUFFERS.
Section I, entitled "Legal Description, Property Ownership, and General Description," of
the PUD document attached as Exhibit"A"to Ordinance No. 03-40, as amended,the Heritage Bay
PUD, is hereby amended to add Subsection 1.12, as shown in Exhibit "A", attached hereto and
incorporated herein by reference.
[17-CPS-01683/1380963/11122
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SECTION TWO: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by sueY-majority vote of the Board of County
Commissioners of Collier County, Florida, this ._ `1 ' day of FSH, it_ :� , 2018.
YJ�y ..xilk tf �^y.u1
TTEST: BOA' P OF d LINTY ► SIONERS
D .SITE Tk* , CLERK COL ER 0 • :tri ' -a A
a By:
•e.o uy Clerk ANDY SOLIS, Chairman
sigfMt f 4fl Y,`
Approved as to form and legality:
Hei i F. Ashton-Cicko
Managing Assistant County Attorney
Exhibit A—PUD Amendment
This ordinance filed with the
Secretary of State's Office the
c2$µ'day of e-bti ar s pIb
and ocknowledgernentt��of/!that
Pilin received this day
.
D.RutY Clerk
[17-CPS-01683/1380963/11122
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Text underlined is added;text struck through is deleted.
Exhibit A
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
* * * * * * * *
1. 12 THE FOLLOWING DEVIATIONS FROM THE LAND DEVELOPMENT CODE ARE APPROVED
FOR THE PARCEL IN THE AC DISTRICT DESCRIBED AS LOTS 1A, 2A, AND 3A, HERITAGE
BAY COMMONS TRACT D SECOND REPLAT ONLY
A. From Section 4.06.02.C.7.a which allows abutting platted parcels to submit a joint
project plan to remove one side or rear landscape buffer along a shared property line
as long as the joint project plan is submitted either as a single SDP or SIP consisting
of both parcels or separate SDPs or SIPs for each parcel submitted concurrently, to
instead allow the owner of Lots 1A, 2A, and 3A, of the Heritage Bay Commons -
Tract D Second Replat subdivision to eliminate the required internal landscape
buffers for Lots 1A and 2A, and Lots 2A and 3A, subject to the following conditions:
1. Per section 4.06.02.C.7.c, there shall be no net loss of landscape material or
area of the buffer as a result of the eliminated buffer on the shared property line.
2. Per section 4.06.02.C.7.c, the eliminated buffer area shall be provided elsewhere
on Lots 1A, 2A, and 3A, in areas not used to meet other landscape requirements.
3. Relocated buffer plantings and area shall be labeled as such and delineated on
the landscape plan at time of SDP.
4. The owner shall relocate as much landscaping and square footage as they can
on-site. However, in the event that there is not adequate pervious area to fully
relocate the landscape material and square footage on site, a planted trellis may
be provided to make up for the deficient area. If a trellis is used, it shall apply on
a one-to-one ratio to the deficient horizontal square footage needed to make up
for the relocated buffer areas. The trellis shall be a minimum of 1/3 the
structure's zoned height and have a length of no less than 5 feet. The trellis shall
not be used to satisfy Façade Standards and the trellis shall be shown on the
architecture elevations at time of SDP.
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
February 28, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ms. Teresa Cannon
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. 18-05,which was filed in this office on February 28,
2018.
Sincerely,
Ernest L. Reddick
Program Administrator
1
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us