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Ordinance 2018-35 ORDINANCE NO. 18 - 35 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 12-26, AS AMENDED, THE BENT CREEK PRESERVE RPUD, TO AMEND THE MASTER PLAN TO CHANGE THE DESIGNATION OF A 1.27± ACRE AREA IN THE NORTHWEST PORTION OF THE PUD FROM RECREATION AREA ("RA") TO RESIDENTIAL ("R"), TO REMOVE CELLULAR COMMUNICATION TOWERS FROM THE LIST OF PERMITTED PRINCIPAL USES IN TRACT RA, TO REDUCE THE MINIMUM FRONT YARD SETBACK FOR SINGLE FAMILY ATTACHED AND TOWNHOUSE TO 15 FEET, AND TO ADD A FOOTNOTE TO THE DEVELOPMENT STANDARDS TABLE RELATING TO FRONT YARD SETBACKS ON CORNER LOTS, FOR PROPERTY CONSISTING OF 138.4± ACRES, LOCATED APPROXIMATELY ONE-HALF MILE EAST OF THE INTERSECTION OF COLLIER BOULEVARD AND IMMOKALEE ROAD, IN SECTION 26, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (PL20170002382). WHEREAS, Standard Pacific of Florida, represented by Patrick Vanasse, AICP of RWA, Inc., petitioned the Board of County Commissioners to amend Ordinance No. 12-26, as amended, the Bent Creek Preserve RPUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENT TO RPUD DOCUMENT. The RPUD Document, attached as Exhibit "A" to Ordinance No. 12-26, as amended, is hereby amended as shown on Exhibit"A," attached hereto and incorporated herein by reference. [17-CPS-01713/1387715/1119 Bent Creek Preserve RPUD Page 1 of 2 PUDA-PL20170002382—4/24/18 SECTION TWO: 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 1 O day of J J I , 2018. ATTEST: CRYSTAL K.KINZEL, BOARD OF C! TY COMMISSIONERS INTERIM CLERK COLLIER P 0 , FLO' i ; By: I -� 0 = '=^0 + , Deputy Clerk 'ANDY SOLIS, Chairman 'c.attest a 0:C amnan ,ajgnature'oty.= Approv d as t form and legality: Scott A. tone Assistant County Attorney Attachment: Exhibit A - Amendments to Bent Creek Preserve RPUD Document This ordinance filed with the See,�,�r tory of State's Office take .1=day of / _c3Q1 and acknowledgement A that Pilin re eiveds3 day of t* &Pty CU?t [17-CPS-01713/1387715/1]19 Bent Creek Preserve RPUD Page 2 of 2 PUDA-PL20170002382—4/24/18 EXHIBIT A PROJECT LAND USE TRACTS TYPE UNITS ACREAGE± TRACT"R" RESIDENTIAL 450 110.1 111.38 TRACT"RA" RECREATION AREA 0 4:6 3.32 TRACT"P" PRESERVE 0 23.7 TOTAL 138.4 ************************************************************************************* II TRACT RA 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: A. Principal Uses (Typically Accessory to Residential Development): 1) Structures intended to provide social and recreational space (private, intended for use by the residents and their guest only); Construction of the clubhouse shall commence prior to the issuance of the Certificate of Occupancy( CO)for the 45th residential dwelling unit. The clubhouse shall be located in the large RA Tract at the terminus of the entrance road, and interior to the development. 2) Outdoor recreation facilities, such as a community swimming pool, tennis and basketball courts, playground improvements/facilities, and passive and/or active water features; 3) Signs, including boundary marker signage; 4) Cellular communication tower; 45) 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") by the process outlined in the LDC. ************************************************************************************* Words struck-through are deleted;words underlined are added. Bent Creek Preserve PL-2017-2382 August 2,2017 February 6,2018 Page 1of6 030008.11.03 Exhibit A EXHIBIT B DEVELOPMENT STANDARDS ************************************************************************************* TABLE I RESIDENTIAL DEVELOPMENT STANDARDS DEVELOPMENT STANDARDS SINGLE FAMILY SINGLE FAMILY MULTI- CLUBHOUSE/ DETACHED ATTACHED & FAMILY RECREATION BUILDINGS TOWNHOUSE PRINCIPAL STRUCTURES MINIMUM LOT AREA 4,500 S.F. 1,250 S.F. PER 1 ACRE 10,000 S.F. UNIT MINIMUM LOT WIDTH 40 FEET 16 FEET 150 FEET N/A MINIMUM FLOOR AREA 1,000 S.F 1,000 S.F 1,000 S.F. N/A MIN FRONT YARD 11 FEET* 10 15 FEET 20 FEET* 25 FEET MIN SIDE YARD—SINGLE STORY 5 FEET 0 FEET or 6 FEET GREATER OF 10 GREATER OF 15 FEET OR FEETORY2BH 1/2 BH MIN SIDE YARD—TWO-STORY 5 FEET GREATER OF 10 GREATER OF 10 GREATER OF 10 FEET OR ' FEET OR 1/2 BH FEET OR Y2 BH BH MIN REAR YARD 15 FEET 15 FEET 15 FEET GREATER OF 15 FEET OR ' BH MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET MIN. DISTANCE BETWEEN 10 FEET 12 FEET GREATER OF 20 GREATER OF 15 FEET OR ' STRUCTURES—SINGLE STORY FEET OR Y2 THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN 10 FEET GREATER OF 20 GREATER OF 20 GREATER OF 20 FEET OR ' STRUCTURES - TWO-STORY FEET OR ' FEET OR 1/2 THE THE SUM OF BH THE SUM OF BH SUM OF BH MIN. DISTANCE BETWEEN ONE 10 FEET N/A N/A GREATER OF 20 FEET OR 1/2 STORY and MULTI-STORY THE SUM OF BH STRUCTURES MAX. BUILDING HEIGHT NOT TO 35 FEET 40 FEET 45 FEET 50 FEET EXCEED (ZONED) MAX. BUILDING HEIGHT NOT TO 45 FEET 45 FEET 60 FEET 60 FEET EXCEED (ACTUAL) ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. 20 FEET SIDE S.P.S. S.P.S. S.P.S. 1/2 BH REAR (ATTACHED) 5 FEET 5 FEET 5 FEET 10 FEET (DETACHED) 5 FEET 5 FEET 20 FEET 20 FEET PRESERVE SETBACK 10 FEET 10 FEET 10 FEET 10 FEET MINIMUM DISTANCE BETWEEN 10 FEET 12 FEET 12 FEET GREATER OF 15 FEET OR 1/2 STRUCTURES BH Words struck through are deleted;words underlined are added. Bent Creek Preserve PL-2017-2382 August 2,2017 February 6,2018 Page 2 of 6 030008.11.03 Ck(.3) MAX. BUILDING HEIGHT NOT TO 35 FEET 35 FEET 35 FEET 40 FEET EXCEED (ZONED) MAX. BUILDING HEIGHT NOT TO 40 FEET 40 FEET 40 FEET 40 FEET EXCEED (ACTUAL) S.P.S. = Same as Principal Structures BH = Building Height—unless otherwise noted,all building heights shall be"zoned" building heights, as defined in the LDC. *: Roof overhangs shall not protrude into utility easements. Notes: 1) No structures are permitted in the required 20-foot lake maintenance easement. No setback is required for structures adjacent to a lake maintenance easement. 2) Side yards—No side yard shall be required between units when more than one residential unit is in a single structure(i.e.: attached single-family and townhomes). 3) Terraced setbacks are permitted for either two or three story multi-family structures. Side yard setbacks shall be measured from that ground floor exterior wall of lesser height as long as a minimum 15 foot exterior building wall setback is provided for floors above the first floor as depicted in Figure 1 below. 4) Firewall protrusions into required yards are permitted up to three (3') feet but shall not encroach into any easements. 5) Entrance features(i.e.:monuments,clock towers and colonnades)may be located at the project entrance and shall be limited to a maximum height of 50 feet. 6) For all residential units,garages must be located a minimum of 23 feet from the back of the sidewalk located in the street rights-of-way closest to the garage,except for side load garages,wherein a parking area 23 feet in depth must be provided perpendicular to the sidewalk to avoid vehicles being parked across a portion,or all of the referenced sidewalk. 7) No more than ten(10)attached dwelling units are permitted per building. 8) In order to support a canopy tree with a minimum 20-foot crown spread as required in LDC Section 4.06.05, individual lots must accommodate enough space for the entire 20-foot canopy to be located wholly within the lot boundaries,except where the lot is adjacent to a lake maintenance easement, landscape buffer easement,and/or preserve, in which case,a portion of the required 20-foot canopy may protrude into such area. 9) For corner lots,only I 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 the appropriate setback. Words struck-through are deleted;words underlined are added. Bent Creek Preserve PL-2017-2382 August 2,2017 February 6.2018 Page 3 of 6 030008.11.03 • 15'MIN EXTERIOR \ PROPERTY BUILDING WALL LINE SETBACK 1J MIN III "''''',..,,„. 0 0 IMIIIIM �-., U SETBACK0® 1.11 , , 0 c-1 (-) SIDE YARD Figure 1 SETBACK Words struck-through are deleted;words underlined are added. Bent Creek Preserve PL-2017-2382 August 2,2017 February 6,2018 Page 4 of 6 030008.11.03 6 EXHIBIT C MASTER PLAN xS m o=x .[ mor, gym; % ' m>vAD rl Mg Lg m *. o Am= A• m omm - O �N r22 0 1 �� I mA gm o Ziiiw --1-=---- ®j1 v o D me _ moc lI z mkO i , '..I , i ti �gN 3 , : , P (i , 1 oZgkpNR II, I �N • 12 08 ....,...-----<.----)-1 , - " � 1I„ — - / , -{p -!/y- lit o> P, c P, m < < AIT B _ J g �� m ono 11t o �a 0 d Ajgo�,l. ./ SL c � �Z / - t. i i a Zl 1 _______K_________/ I I I 1 § mm4 , 1 mP'' ZDO ADZ �� / -nm ''• m C�m A D I I i X X02 Qyy A OC qC W4O I I -� � - 6� Oz c 1 I m ' 1------ 77 C_ I0. I I � a I 2e �IFlim;-- O Oso ,z�_c :_ Ai'-,2,18--,----_____7: 1E3 Ac g2i -0 _r__.__—_- .1 ti v op, J ------- WOODCREST DRIVE --__.__�_--'=` -- - ------------ to -------- - ---�-- yy-- I II AA ONi N0 048 O . OA 1 II ZP �H T�Im OQ i7 me �o .Zmloz yF GA om - J OA Z `1 rr'I _m m m n Zy CN A W N -I ASN1�1� C' ;S > 2 - mXC)m zi -DQ m aCr' �_ CO Z N m r�� ▪ m0> m Aroil mrrrrA�.�.�.�D OZ m m rVl�l 0 mv0 '{k y r�'11 f� x-, D8- c O70.5A mrr,l r;Z v3 0,„. ..„. Z m r2Ao24zA 'o sing V> z o 111 b . mZ 00 yS -yy V1°0° f,l V Z wt. mZ [Z[�� t1 D I 1 I 1 -� C E ziyz cm' my O 3 l 11 1 rnsm ms o zmo Nc In Fri `�' tnn P3 o< -0zo Om Z c mroo soZ AZ m G til uAi o o D X, AMmtD7 N a>o orn m o O N A #mmm c g~c �_ { 0.tvZoo o28 so F r•+mr+� wmm O ��'0Z mo m -t,��11 n .00▪ yif> A -IN' yyZy > OD W G PO C) 2. C Ppm 0 s k k N O g T>A;m m l m N Z q me A v c ym �s i °c i Zo s -I o O P o m BENT CREEK ffilkil 1"::; PRESERVE, LLC. ___ , ” _BENT CREEK PRESERVE ® " 0, a RPUD ENGINEERING m & yu m.,. RPUD MASTER PLAN -__...--- az= Words ugh are deleted;words underlined are added. Bent Creek Preserve PL-2017-2382 August 2,2017 February 6,2018 Page 5 of 6 030008.11.03 ************************************************************************************* EXHIBIT F LIST OF DEVELOPER COMMITMENTS ************************************************************************************ PLANNING 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 Centerline Homes Enterprises Three, 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." B. Construction of the clubhouse shall commence prior to the issuance of the Certificate of Occupancy (CO)for the 45th residential dwelling unit. The clubhouse shall be located in the large RA Tract at the terminus of the entrance road, and interior to the development. C. Related to Deviation# 1,as a part of the application material for every building permit for a model home,the developer shall provide documentation stating how many model homes are in existence so that the maximum of fifteen model homes is not exceeded. D. Construction of residential units in the"R"tract(formerly the RA tract)at the northwest corner of the property shall not commence until removal of the cell phone tower has been completed. ************************************************************************************* MISCELLANEOUS A. Pursuant to Section 124.022(5)F.S. issuance of a development permit by a county does not in any way creation 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 country for the issuance of the permit if the applicant fails to obtain the requisite approvals or fulfill the obligations imposed by a state or federal agency or undertake 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 development. Words struck through are deleted;words underlined are added. Bent Creek Preserve PL-2017-2382 August 2,2017 February 6,2018 Page 6 of 6 030008.11.03 ' -- .7.s-----4,-, : - z fl, FLORIDA DEPARTMENT Of STATE RICK SCOTT KEN DETZNER Governor Secretary of State July 13, 2018 Ms. Crystal K. Kinzel, Interim Clerk Collier County Post Office Box 413044 Naples,Florida 34101-3044 Attention: Teresa Cannon Dear Ms. Kinzel: Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 18-35, which was filed in this office on July 12, 2018. 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