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Backup Documents 01/22/2013 Item #17A 17A1 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please publish the following Normal Legal Advertisement on Friday, December 28, 2012, and furnish proof of publication to the attention of Mike Sawyer, Project Manager in the Department of Planning and Zoning, 2800 North Horseshoe Drive, Naples, Florida 34104. Originating Dept/Div: GMD/Planning and Zoning Person:Michael Sawyer,Project Manager Date: December 20,2012 Petition No.PUDA-PL20120001105 Petitioner: Neal Communities of Southwest Florida, LLC 8210 Lakewood Ranch Boulevard, Bradenton,Fl.34202 Name & Address of any person(s) to be notified by Clerk's Office: Alexis Crespo,AICP,Waldrop Engineering, P.A., 28100 Bonita Grande Drive, Suite 305, Bonita Springs, Fl. 34135; R. Bruce Anderson, Esquire, Roetzel and Andress,850 Park Shore Drive,Trianon Centre,3'd.Floor,Naples,Fl.34013 Hearing before: BBC Requested Hearing date:Tuesday,January 22,2013. Based on advertisement appearing 20 days before hearing. Newspaper(s)to be used: Naples Daily News Proposed Text: See Attached Companion petition(s),if any&proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes. No. If Yes, what account should be charged for advertising costs: Department: Land Development Services, Zoning Review Section; Fund & Cost Center: 131-138326-649100- 00000; Purchase Order Number: 4500096189;Account Number:068779 Reviewed by: Division Administrator or Designee Date List Attachments Ordinance DISTRIBUTION INSTRUCTIONS For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: County Manager agenda file: Requesting Division Original Clerk's Office Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file. ****************************************************************************************************** FOR CLERK'S OFFICE USE ONLY: Date Received: I L� / Date of Public Hearing: Date Advertised: ® /-3 17A1 ORDINANCE NO. 13- 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 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 A RESIDENTIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT (RPUD) TO A RPUD ZONING DISTRICT, FOR A PROJECT KNOWN AS THE BUTTONWOOD PRESERVE RPUD TO ALLOW UP TO 220 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED SOUTHEAST OF THE IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951) INTERSECTION ON TREE FARM ROAD APPROXIMATELY .7 MILES EAST OF COLLIER BOULEVARD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 53.8* ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2007-42, THE FORMER BUTTONWOOD PRESERVE RPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alexis V. Crespo, AICP of Waldrop Engineering, P.A. and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA representing Neal Communities of Southwest Florida, LLC, 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 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Residential Planned Unit Development (RPUD) to a RPUD zoning district, for a project known as the Buttonwood Preserve Planned Unit Development to allow up to 220 residential dwelling units in accordance with the RPUD Documents,attached hereto as Exhibits A through F,all of which are incorporated herein and by reference made part hereof. The appropriate zoning atlas map or Buttonwood Preserve RPUD 1 of 2 PUDA-PL20120001105—Rev. 12/10/12 17A maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 2007-42, known as the Buttonwood Preserve RPUD, adopted on April 24, 2007 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: 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 , 2013. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA BY: , Deputy Clerk ,Chairman Approved as to form and legal sufficiency: Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A - List of Allowable Uses Exhibit B -Development Standards Exhibit C - Master Plan Exhibit D -Legal Description Exhibit E-List of Requested Deviations Exhibit F -Development Commitments Project History: Ordinance Number 2007-42 CP\12-CPS-0 1 175\28 Buttonwood Preserve RPUD 2 of 2 PUDA-PL20120001105—Rev. 12/10/12 17A EXHIBIT A LIST OF PERMITTED USES BUTTONWOOD PRESERVE RPUD 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 and Structures—"Ri"Areas: 1. Single-family detached dwelling units 2. Two-family and duplex dwelling units B. Principal Uses and Structures-"R2"Areas: 1. Single family detached dwelling units 2. Two-family,duplex dwelling units 3. Single family attached dwelling units 3. Multi-family dwellings units Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code(LDC). C. Residential Accessory Uses and Structures: Accessory uses customarily associated with Permitted Principle Uses including but not limited to: 1. Model homes and model home sales centers including offices for project administration, construction,sales and marketing. 2. Indoor and outdoor recreational facilities and structures such as pools,fitness facilities,clubhouses, community buildings, playgrounds, playfields, parks, walking trails and tennis courts limited to use by residents and their guests only. 3. Incidental personal services such as ATM, laundry drop-off, mail kiosk, and other services limited to use by residents only. 4. Accessory uses and structures customarily associated with the principal uses permitted in this district, including but not limited to swimming pools, spas, screen enclosures, carports,garages and utility buildings. 5. Temporary construction, sales, and administrative offices for developers and developers' authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Entry Gates,Gatehouses,and access control structures. 7. Essential services, including interim and permanent utility and maintenance facilities. 8. Water management facilities and related structures. 9. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lakes areas. Buttonwood Preserve PUDA-PL2012-1105 Page 1 of 10 Last Revised:December 6,2012 � AA 10. Agricultural uses. The property owner shall be entitled to utilize the property for dgritultLfF�l uses until such time that the construction of infrastructure improvements commence in support of the residential development. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals,pursuant to the process outlined in the Land Development Code (LDC). j D. Principal Uses and Structures—Preserve Areas: 1. Boardwalks, nature trails, shelters, educational kiosks, and other uses permitted within dedicated preserves by the LDC, as long as clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures 3. Any other uses that are comparable in nature and consistent with any uses described above as determined by the Board of Zoning Appeals. E. Development Density A maximum of 220 dwelling units shall be constructed on lands designated "R1" and "R2" on the RPUD Master Plan.The gross project area is 55±acres and the residential density maximum shall be 4 units per acre. Buttonwood Preserve PUDA-PL2012-1105 Page 2 of 10 Last Revised:December 6,2012 ■ 17AI EXHIBIT B DEVELOPMENT STANDARDS BUTTONWOOD PRESERVE RPUD Development of the Buttonwood Preserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC, Growth Management Plan (GMP) and Code of Laws and Ordinances in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards,then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Buttonwood Preserve RPUD. 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. Site development standards for single family detached, two-family, duplex, and single family attached dwelling units apply to individual residential lot boundaries. Multi-family standards apply to the parcel boundaries. TABLE I BUTTONWOOD PRESERVE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES Single Two Family Single Family Multi-family Recreation AND STANDARDS Family and Duplex Attached Detached Minimum Lot Area 5,000 SF 3,500 SF*2 1,400 SF 9,000 SF N/A Minimum Lot N/A Width*3 42' 35' 16' 90' Minimum Lot Depth 100' 100' 88' 100' N/A MINIMUM YARD PRINCIPAL USES Front 20'*6 20'*6 20' *6 20' *6 15' Side 6' 0'and 6' 0'and 6'*4 'A BH 10' Rear 15' 15' 15' 15' 15' Water body*1 20' 20' 20' 20' 20' Preserve 25' 25' 25' 25' 25' MINIMUM YARD ACCESSORY USES Front 20' *6 20' *6 20' *6 20' *6 SPS Side 6' 0'and 6' 0'and 6' *4 /:BH SPS Rear 10' 10' 10' 10' SPS Water body*1 20' 20' 20' 20' SPS Preserve 10' 10' 10' 10' 10' Max. Building Height Zoned 35' 35' 45' 45' 35' *7 Actual 40' 40' 50' 50' 40' Buttonwood Preserve PUDA-PL2012-1105 Page 3 of 10 Last Revised:December 6,2012 17 A 4 No.of Stories 2 2 3 3 2 Minimum Distance Between Detached Principal Structures Sum of BFI *5 12' 12' 12' Sum of Y2 BH Floor Area Min. 1000 SF 1000 SF 1000 SF 750 SF N/A (S.F.) All distances are in feet unless otherwise noted. SPS=Same as principal structure BH=Building height *1—Principal and accessory structures on waterfront lots shall be permitted to be constructed up to, but not encroaching into a drainage easement,with a minimum setback of 20 feet from lake control elevation. *2—each half of a duplex requires a lot area allocation of 3,500 square-feet for a total minimum lot area of 7,000 square feet. *3 — Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *4 — Zero foot minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is maintained. *5 — Building distance may be reduced at garage to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi-family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet. *6 — Front entry building garages shall be setback a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. *7—Clock towers or similar architectural features shall be permitted up to 45'zoned height and 50'actual height Buttonwood Preserve PUDA-PL2012-1105 Page 4 of 10 Last Revised:December 6,2012 17A1 J:1272-02 Buttonwood Preserve PUD1AutoCAD1272-02-01 PUD Master P1anNev031272020101-001.dwy 12/712012 8:55:12 AM rl I l k `1 i; -IN, RO+1 5 L 1 m z P co m 1 i `, I 1i II ' (44 1 wmo m Nmin r „-_ - `I1 4 z2omcZVZ0oA-n 1 I t'I m-Izmm0,9z--Iiz°3Ic ( yI Ohl ,., tlb 1 I T�Yk m0-0 �O i3 O4)A Z 1 �r �'� �',� 1'� NO BUFFER REQUIRED r i ' 1 9QO i t m z i A ._�.+...-n-n-rm-t r r 't -m-711:1 ,1;/,/,1;1;1;1;,;1;1 1 1 1-1•i;I,1,1;1,i I �I , - ,;I;1;1;I;I;i;I;t;I;, I I I ,;I;I,I;1,1;I 1 g, I-'- �,;.�1 �fi> C A D m r;1;I,r;i;I;I;I;I;I;I,r,r,r,1;I;I;I:I:i;t r Lr C04L1 I I �v D m D m 1;1;I,1;I:r. ;I;I;r;i;r:I;I;I,1;I:I,`11 1 my EftBOLL � =95 Z to cn rn� 1;1;1,1,1;I:rI;I:I:1;r;r:r:I:I:I,I:I:I;r 4�T1 C''',_. 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"4-4' e, I PUD MASTER PLAN I 1 ^I IF, a i — EXHIBIT"C" .4-4.o, .,, ,(.x,110', 17A EXHIBIT D LEGAL DESCRIPTION BUTTONWOOD PRESERVE RPUD PARCEL I-A: THE WEST 30 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST;AND THE WEST 30 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BOTH LOCATED IN COLLIER COUNTY, FLORIDA. PARCEL I-C: THE NORTH ONE-HALF (1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE WEST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY. ALSO LESS AND EXCEPT: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 0 I DEGREES 26'03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF SECTION 35;THENCE RUN SOUTH 89 DEGREES 12'34" EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01 DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR 645.98 FEET TO THE POINT OF BEGINNING. PARCEL 2: BEING A PART OF THE NORTH ONE-HALF (N 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF .DAVILA STREET FOR 334.82 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 01 DEGREES 26'03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF SECTION 35;THENCE RUN SOUTH 89 DEGREES 12' 34" EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01 DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR 645.98 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST,COLLIER COUNTY, FLORIDA. Buttonwood Preserve PUDA-PL2012-1105 Page 6 of 10 Last Revised:December 6,2012 17A PARCEL 4: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND LESS THE WEST 30 FEET THEREOF FOR ROAD RIGHT OF WAY PURPOSES. PARCEL 5: TRACT 2, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B. 22, PAGE(S)70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 6: TRACT I, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B. 22, PAGE(S)70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 55+/-ACRES, MORE OR LESS. Buttonwood Preserve PUDA-PL2012-1105 Page 7 of 10 Last Revised:December 6,2012 17A4 EXHIBIT E LIST OF REQUESTED DEVIATIONS FROM LDC BUTTONWOOD PRESERVE RPUD Deviation No. 1: Deviation from LDC Section 5.03.02.C, which permits a maximum wall/fence height of six(6)feet in residential zoning districts.The requested deviation is to allow for a maximum height of eight (8) feet for a wall/fence or combination wall/fence/berm along the RPUD perimeter property lines. Deviation No. 2: Deviation from LDC Section 5.04.04.B.3.e, which provides that a temporary use permit for a model home (occupied or unoccupied) and sales center shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes and sales center to remain in use up to six(6)years without requiring a conditional use. Deviation No. 3: Deviation from LDC Section 5.04.04.B.5.c, which provides that a maximum of five (5) models, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation is to allow a maximum of 15 model homes and a sales center to be permitted in the RPUD. Each time the developer applies for a model building permit, they shall be required to inform the County how many model homes are in operation. Deviation No. 4: Deviation 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.The requested deviation is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height.The temporary sign will be permitted a maximum of 60 days per calendar year. Deviation No. 5: Deviation from LDC Section 5.06.02.B.5, which requires on-premise directional signs to be setback a minimum of 10' from internal property lines. The requested deviation is to allow for on-premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. Deviation No.6: Deviation from LDC Section 6.06.01.0, which requires a minimum width of 60 feet for cul-de-sac and local street rights-of-way. The requested deviation is to allow for a minimum 50- foot wide right-of-way for private, local streets internal to the proposed development. Buttonwood Preserve PUDA-PL2012-1105 Page 8 of 10 Last Revised:December 6,2012 17A EXHIBIT F DEVELOPMENT COMMITMENTS BUTTONWOOD PRESERVE RPUD 1. PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 2. 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 Buttonwood Partners, 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. 3. ENVIRONMENTAL 3.1 The developer shall retain a minimum of 11.6 acres of native vegetation on-site. 3.2 The developer shall provide a Big Cypress Fox Squirrel management plan as part of the first development order submittal. 4. TRANSPORTATION 4.1 Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to issuance of the first certificate of occupancy(CO). 4.2 All internal roads, driveways, alleys, pathways, sidewalks shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. 4.3 A portion of the Buttonwood Preserve RPUD is subject to a Developer Contribution Agreement, recorded as OR Book 3730, Pages 0876-0893 in the Public Records of Collier County, Florida. Development shall occur consistent with this agreement and/or subsequent developer contribution agreements. Buttonwood Preserve PUDA-PL2012-1105 Page 9 of 10 Last Revised:December 6,2012 17A vi 4.4 The developer agrees to accept the stormwater run-off from the right-of-way for that portion of Tree Farm Road east of the project entrance and treat the run-off within the project's water management system. Thereafter, the County shall allow the developer to convey the public and private treated stormwater run-off within the south side of the Tree Farm Road right-of-way and discharge into the County's Collier Boulevard/CR 951 canal system upon issuance of a road right-of-way permit. Maintenance of this conveyance system will be shared with the developer his successor and or assigns on a prorated basis using the percentage of stormwater that is private compared to public. 4.5 The owner shall provide all future property owners within the PUD access to property within the PUD until re-platting occurs and alternate access is provided to all such property owners. 5. PLANNING The developer, or its successors or assigns, shall construct a minimum 6' high masonry wall east of the southwest property boundary for a distance of approximately 400' linear feet. The wall shall have the same architectural design as the wall constructed on the common property line of the Bristol Pines PUD. In addition,from the eastern terminus of the wall,the Developer shall install a 6'- 8' high black vinyl chain link fence or wall east along the remaining southerly project boundary,then north along the eastern property line for a distance to a point approximately 800' north of the project boundary. The wall and fence may be installed on berm. The approximate location of each wall/fence section is labeled on the RPUD Conceptual Master Plan, Exhibit C. The developer, or its successors or assigns shall construct a fence or wall along the southwest corner of the project as shown on the RPUD conceptual Master Plan, Exhibit C. Buttonwood Preserve PUDA-PL2012-1105 Page 10 of 10 Last Revised:December 6,2012 17A 1 TITLE 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 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 a Residential Planned Unit Development zoning district (RPUD) to a RPUD zoning district, for a project known as the Buttonwood Preserve RPUD to allow up to 220 residential dwelling units on property located southeast of the Immokalee Road (CR 846) and Collier Boulevard (CR 951) intersection on Tree Farm Road approximately .7 miles east of Collier Boulevard in Section 35, Township 48 South, Range 26 East, Collier County, Florida, consisting of 53.8± acres; providing for the repeal of Ordinance Number 2007-42,the former Buttonwood Preserve RPUD; and by providing an effective date. CP112-CPS-01175114 .\\,) t \-Y Buttonwood Preserve RPUD \ PUDA-PL20120001105—Rev. 10/15/12 \U\\ 17A Acct #068779 December 21, 2012 Attn: Legals Naples News Media 1100 Immokalee Road Naples, FL 34110 Re: PUDA-PL20120001105 - Buttonwood Preserve RPUD Dear Legals: Please advertise the above referenced notice on Wednesday, January 2, 2013 and send the Affidavit of Publication, in DUPLICATE, to this office. Thank you. Sincerely, Martha Vergara, Deputy Clerk P.O. #4500096189 17A NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, January 22, 2013, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3299 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance . The meeting will commence at 9 : 00 A.M. The title of the proposed Ordinance is as follows : 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 A RESIDENTIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT (RPUD) TO A RPUD ZONING DISTRICT, FOR A PROJECT KNOWN AS THE BUTTONWOOD PRESERVE PRUD TO ALLOW UP TO 220 RESIDENTIAL DWELLING UNITY ON PROPERTY LOCATED SOUTHEAST OF THE IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951) INTERSECTION ON TREE FARM APPROXIMATELY . 7 MILES EAST OF COLLIER BOULEVARD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 53 . 8 +/-ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2007-42 , THE FORMER BUTTONWOOD PRESERVE PRUD; AND PROVIDING AN EFFECTIVE DATE Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which 17A record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance . Please contact the Collier County Facilities Management Department, located at 3335 Tamiami Trail East, Building W, Naples, Florida 34112 , (239) 252-8380 . Assisted listening devices for the hearing impaired are available in the County Commissioners' Office . BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER, ESQ. , CHAIRWOMAN DWIGHT E . BROCK, CLERK By: Martha Vergara, Deputy Clerk (SEAL) ft or s1lier 17 A CLERK OF THE biRC E IT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE Clerk of Courts 3301 TAMIAMI IL E• ST Clerk of Courts Accountant PO. BOX 4 3044 NAPLES, FLORIDA 4101-3144 Auditor Custodian of County Funds December 21, 2012 Neal Communities of SW Florida, LLC 8210 Lakewood Ranch Boulevard Bradenton, FL 34202 RE: PUDA-PL20120001105 - Buttonwood Preserve RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 22, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, January 2, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com = n _ 17 A \ � t�`_of��llier CLERK OF THE -iRC IT COURT Dwight E. Brock COLLIER COUNTY OUR OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI AIL E ST Accountant P.O. BOX 4 3044 NAPLES, FLORIDA14101-3 44 Auditor Custodian of County Funds December 21, 2012 .; Waldrop Engineering, P.A. Attn: Alexis Crespo 28100 Bonita Grande Drive Suite 305 Bonita Springs, FL 34135 RE: PUDA-PL20120001105 - Buttonwood Preserve RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 22, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, January 2, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Martha Vergara, Deputy Clerk Enclosure Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk @collierclerk.com nt o llier 17 1 CLERK OF THE RC IT COURT DwitlilEsTh ock COLLIER COUNTY OUR OUSE Clerk of Courts Clerk of Courts 3301 TAMIAMI IL E ST Accountant PO. BOX 4 3044 NAPLES, FLORIDA 4101-3 44 Auditor Custodian of County Funds December 21, 2012 Roetzel and Andress Attn: R. Bruce Anderson, Esq. 850 Park Shore Drive Trianon Centre, 3rd Floor Naples, FL 34103 RE: PUDA-PL20120001105 - Buttonwood Preserve RPUD Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, January 22, 2013 as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Wednesday, January 2, 2013. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK i , Martha Vergara, Deputy Clerk Phone (239) 252-2646 Fax (239) 252-2755 Website: www.collierclerk.com Email: collierclerk collierclerk.com NOTICE OF INTENT TO CONSIDER ORDINANCE 17 q el Notice is hereby given that on TUESDAY,January 22, 2013, in the Boardroom, 3rd Floor, Administration Budding, Collier County Government Center, 3299 East Tar rniamiTrail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: 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 A RESIDENTIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT (RPUD)TO A RPUD ZONING DISTRICT, FOR A.PROJECT KNOWN AS THE BUTTONWOOD PRESERVE RPUD TO ALLOW UP TO 220 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED SOUTHEAST OF THE IMMOKALEE ROAD (CR 8 ) AND COWER BOULEVARD (CR 951) INTERSECTION ON TREE FARM ROAD APPROXIMATELY .7 MILES EAST OF COLLIER BOULEVARD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING, OF 53.8 +1-ACRES, PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2007-42, THE FORMER BUTTONWOOD PRESERVE RPUD,AND BY PROVIDING AN EFFECTIVE DATE A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes'on any item; The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons Wishing to have written or graphic materials Included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective Bpublic hearing. In any case, written materials intended to be considered by the oard shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need;a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. if you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled,at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Department, located at 3335 Tarniami Trail East, Building W, Naples, Florida 34112, (239) 252-B380. Assisted listening devices for the hearing impaired are available in the County Commissioners' Office. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA GEORGIA A. HILLER,.ESQ., CI-IAIRWOMAN DWIGHT E. BROCK, CLERIC By: Martha Vergara, Deputy Clerk (SEAL) January 5,2013 No. 1.373350 17A Naples Daily News • �y+/� � Naples, FL 34110 � Affidavit of Publication JAN 1 7 2013 Naples Daily News 1 "-- BCC/ZONING DEPARTMENT FINANCE DEPARTMENT 3299 TAMIAMI TRL E #700 NAPLES FL 34112 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on TUESDAY,January 22,2013,in the Boardroom,3rd REFERENCE : 068779 4 5 0 0 0 9 618 9 Floor, Administration Building, Collier County Government Center, 3299 East Ta- miami Trail, Naples, Florida,the Board of County Commissioners will consider the 59707497 NOTICE OF INTENT TO enectmeni of a.County ArdineTae. The meeting will commence at 9:00 A.M. The title of theproposed Ordinance is as followsi ApNN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF.COLLIER State of Florida CIJN[Y,FE.OAIDA.AMENDING ORDINANCE NQ.200441,AS AMENDEDp, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH ESTABLISHED THE Counties of Collier and Lee COMC1140N 0 TOPTI REGULATIONS ROR THE LIMN +RPORATED AREAOF COLiiER r.COUNTY Ft DA,BY AMEND G THE APpR• TB i NG ATLAS N6M BOA MAK BY CH ING T CLA ,,,^ ,[ REIN Before the undersigned authority, persona..p E�ItEAt:P FROHRE51 L ENT L+ STRICT }TQq rid D ZONINFF DISTRICT FORApitO KNOWN appeared Amy Davidson, says that she serves As PRESERVE RPQDTO, ALLONFi1P�TO 3xOt�DENTULL DWF:LU :)NITS ON- RTY LOCAT.O At QF.,T,L1$Ihll • ROAD Inside Sales Supervisor, of the Naples Dail �cR, a�►NacgqLL�,+BOU�Ew4RDccR9511 �sECno APRROXIl111A Y .7 MILES EAST,OF C BOUIE ; y 35 a daily newspaper published at Naples, in C TOWNSHN SOUTH,IlANG&2b EAST,COUJERCOUNTY.FLOIIIDA ING County Florida• distributed in Collier ATACAUTT OOVIDINGFOiLTHE REPEAL OF ORDINANCE NUMBER 2007-42, ER'BUTF'ONW09b PRESERVE RPUD;AND BY PROVIDING AN EFFECTIVE and Lee counties of Florida; that the attac. KrE A copy of the prollo�d Ordinancg is on file with the Clerk to the Board and is copy o f advertising was published i n said available for iiupecnon.Ailinterested parties are invited to attend and be heard. newspaper on dates listed. NOTE: All persons wishing to speak on any agenda item must register with the County admmistratar prior to presentation of the agenda item to be addressed. Affiant further says that the said Naples Indvidual speakers will be limited to 3 minutes on any item. The sLtection of an Individual to speak on behalf of an organization or group is encouraged. If News is a newspaper published at Naples, in refired b=r +ecna) +,a scesperson fora group or organization may be, Collier County, Florida, and that the said allotted 10mnutesto speak onanttem. Persons wishing to have written or graphic'materlels inctuded in the Board agenda newspaper has heretofore been continuously packets must.srbmit said material minimum of:3 weeks �h►ior'to"Ihe r public heefing. In any case, written mat rryi�b Intended to be eons Bred byy the day and has been entered as second class ma goers:nail be submrlted to the appropriate`COUnty staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board matter at the post office in Naples, in sail win become a permanent part of the record. Collier County, Florida, for a period of 1 ' Any person who decides to appeal a decision of the Board wli need a record of the roceed ertainipg thereto and,�therefor E;may need to ensure that a verbatim next preceding the first publication of the rd':, e ptooedirpgs i m5de< wnlih record Includes the t:tin,ony or!d attached copy of advertisement; and of f iant If youaeeipa person with pea is based. If you al a person vrhH'a disapiltty who.needs er9y accommodation,in'bnier.tp further says that he has neither paid nor participate in this ploceeding you are enmled a1 no rest to you,to the prevision of certain.assistance. Please.Contact the'Collier (purity duties Management promised any person, firm or corporation am oeDart ed at3335Tamiaini Trail;t Vet Building Florida 34112, discount, rebate, commission or refund for 1 (239) urttyCo q�t ad Ing devices for'!he hearing im a are.available in the Courtly CommisiloilersfKe. purpose of securing this advertisement for W�rs°cou T"FOROA'ssior,ERS' publication in the said newspaper. GEOlit34i,sJk.H,LLES,ESQ CHAIRWOMAN PUBLISHED ON: 01/05 By: MarhavergpaERK By: Martha Vergara,Deputy Clerk (SEAL) .. t ;•' AD SPACE: 100 LINE FILED ON: 01/07/13 Signature of Affiant AMAJ i A 4i I ii Sworn to and Subscribed br �. - - day of Ai . /yam 20 h Personally known by me ;L / 1 . Ak -„, -, CAROLPOLIDORA- M , = MY COMMISSION#EE 851758 Ii EXPIRES:November 28,2014 '', Bonded Thru Pickard Insurance Agency ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 17 A TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the checklist,and forward to Sue Filson(line#5). Route to Addressee(s) Office Initials Date (List in routing order) 1. Judy Puig GMD Planning & Regulation/Operations 2. 3. 4. c �s� il,-Cck®�1�� Cr L'�-. y�,<5',r-c-,r.� ,� \ N�- ' \\ \e3 5 Supervisor, BCC Office Board of County Commissioners y 1-' I 't3 6. Minutes and Records Clerk of Court's Office , Tm k(2g(r3 PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the _item.) Name of Primary Staff Mike Sawyer Phone Number 252-2926 Contact _ Agenda Date Item was January 22,2013 j Agenda Item Number 17A Approved by the BCC Type of Document .accolgettion- cep ('D-a Number of Original 1 Attached '' .■.Y f-x,,1/4.— Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not appropriate. (Initial) Applicable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be signed by the Chairman,with the exception of most letters,must be reviewed and signed by the Office of the County Attorney.This includes signature pages from ordinances, ieS resolutions,etc. signed by the County Attorney's Office and signature pages from contracts,agreements,etc.that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and possibly State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's iffS Office and all other parties except the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date of BCC approval of the /a _ document or the final negotiated contract date whichever is applicable. 4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's /ticf signature and initials are required. 5. In most cases(some contracts are an exception),the original document and this routing slip should be provided to Ian Mitchell in the BCC office within 24 ho s of BCC approval. WS Some documents are time sensitive and require forwarding to Tal hassee within a certain time frame or the BCC's actions are nullified.Be aware of you eadlines! 6. The document was approved by the BCC January 22,2013 and all changes made during the meeting have been incorporated in the attached document.The County WS Attorney's Office has reviewed the changes,if applicable. I:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 4.05 ( 17 A MEMORANDUM Date: February 8, 2013 To: Mike Sawyer, Project Manager Zoning & Land Development Review From: Teresa Cannon, Deputy Clerk Board Minutes & Records Department Re: Validated Ordinance 2013-18: Buttonwood Preserve RPUD Attached for your records is a copy of the document referenced above, (Item #17A) adopted by the Board of County Commissioners Tuesday, January 22, 2013. The Board's Minutes and Record's Department has held the original document for the Board's Official Record. Thank you. Attachment 17A MEMORANDUM Date: February 8, 2013 To: Ernie Kerskie, Director Collier County Property Appraiser's Office From: Teresa Cannon, Deputy Clerk Minutes & Records Department Re: Ordinance 2013-18 and 2013-19 Attached for your records is a copy of the document referenced above, adopted by the Board of County Commissioners on January 22, 2013. If you have any questions, please feel free to call me at 252-8411. Thank you. Attachment 17A ORDINANCE NO. 13- 1 S 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 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 A RESIDENTIAL PLANNED UNIT DEVELOPMENT ZONING DISTRICT (RPUD) TO A RPUD ZONING DISTRICT, FOR A PROJECT KNOWN AS THE BUTTONWOOD PRESERVE RPUD TO ALLOW UP TO 220 RESIDENTIAL DWELLING UNITS ON PROPERTY ' LOCATED SOUTHEAST OF THE IMMOKALEE ROAD (CR 846) AND COLLIER BOULEVARD (CR 951) INTERSECTION ON TREE FARM ROAD APPROXIMATELY .7 MILES EAST OF COLLIER BOULEVARD IN SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 53.8± ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2007-42, THE FORMER BUTTONWOOD PRESERVE RPUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Alexis V. Crespo, AICP of Waldrop Engineering, P.A. and R. Bruce Anderson, Esquire of Roetzel & Andress, LPA representing Neal Communities of Southwest Florida, LLC, 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 35, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Residential Planned Unit Development (RPUD) to a RPUD zoning district, for a project known as the Buttonwood Preserve Planned Unit Development to allow up to 220 residential dwelling units in accordance with the RPUD Documents, attached hereto as Exhibits A through F, all of which are incorporated herein and by reference made part hereof. The appropriate zoning atlas map or Buttonwood Preserve RPUD 1 of 2 PUDA-PL20120001105—Rev. 1/11/13 17A maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. SECTION TWO: Ordinance Number 2007-42, known as the Buttonwood Preserve RPUD, adopted on April 24, 2007 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by supefr-majority vote of the Board of County Commissioners of Collier County, Florida, this _r day of Jo ,c) u�rt , 2013. ATTEST: BOARD OF CO 'TY COMMISSIONERS 'DWIGHT E. BROCK, CLERK COLLIER CO TY, FLORIDA ` BY Attest as to Ctullii4 lerk GE 0 IA A. HILLER, ESQ. 4 �? si4Oature Chairwoman Approved as to form and legal sufficiency: 1 Heidi Ashton-Cicko Managing Assistant County Attorney Attachments: Exhibit A- List of Allowable Uses Exhibit B - Development Standards Exhibit C - Master Plan Exhibit D - Legal Description Exhibit E - List of Requested Deviations Exhibit F - Development Commitments Project History: Ordinance Number 2007-42 CP\12-CPS-01175\33 Buttonwood Preserve RPUD 2 of 2 PUDA-PL20120001105—Rev. 1/11/13 EXHIBIT A 17 A LIST OF PERMITTED USES BUTTONWOOD PRESERVE RPUD 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 and Structures—"R1"Areas: 1. Single-family detached dwelling units 2. Two-family and duplex dwelling units B. Principal Uses and Structures-"R2"Areas: 1. Single family detached dwelling units 2. Two-family, duplex dwelling units 3. Single family attached dwelling units 3. Multi-family dwellings units Any other principal and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC). C. Residential Accessory Uses and Structures: Accessory uses customarily associated with Permitted Principle Uses including but not limited to: 1. Model homes and model home sales centers including offices for project administration, construction, sales and marketing. 2. Indoor and outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, parks, walking trails and tennis courts limited to use by residents and their guests only. 3. Incidental personal services such as ATM, laundry drop-off, mail kiosk, and other services limited to use by residents only. 4. Accessory uses and structures customarily associated with the principal uses permitted in this district, including but not limited to swimming pools, spas, screen enclosures, carports, garages and utility buildings. 5. Temporary construction, sales, and administrative offices for developers and developers' authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6. Entry Gates, Gatehouses, and access control structures. 7. Essential services, including interim and permanent utility and maintenance facilities. 8. Water management facilities and related structures. 9. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. Fishing piers, community boat docks and similar structures are permitted within lakes areas. Buttonwood Preserve PUDA-PL2012-1105 Page 1 of 10 Last Revised:December 6,2012 17A ' 10. Agricultural uses. The property owner shall be entitled to utilize the property for agricultural uses until such time that the construction of infrastructure improvements commence in support of the residential development. Any other accessory use and related use that is determined to be comparable to the foregoing by the Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC). D. Principal Uses and Structures—Preserve Areas: 1. Boardwalks, nature trails, shelters, educational kiosks, and other uses permitted within dedicated preserves by the LDC, as long as clearing required to facilitate these uses does not impact the minimum required native vegetation. 2. Water management structures 3. Any other uses that are comparable in nature and consistent with any uses described above as determined by the Board of Zoning Appeals. E. Development Density A maximum of 220 dwelling units shall be constructed on lands designated "R1" and "R2" on the RPUD Master Plan.The gross project area is 55± acres and the residential density maximum shall be 4 units per acre. Buttonwood Preserve PUDA-PL2012-1105 Page 2 of 10 Last Revised:December 6,2012 17 A EXHIBIT B DEVELOPMENT STANDARDS BUTTONWOOD PRESERVE RPUD Development of the Buttonwood Preserve RPUD shall be in accordance with the contents of this Ordinance and applicable sections of the LDC, Growth Management Plan (GMP) and Code of Laws and Ordinances in effect at the time of issuance of any development order, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district shall apply. Table I below sets forth the development standards for land uses within the Buttonwood Preserve RPUD. 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. Site development standards for single family detached, two-family, duplex, and single family attached dwelling units apply to individual residential lot boundaries. Multi-family standards apply to the parcel boundaries. TABLE I BUTTONWOOD PRESERVE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES Single Two Family Single Family Multi-family Recreation AND STANDARDS Family and Duplex Attached Detached Minimum Lot Area 5,000 SF 3,500 SF *2 1,400 SF 9,000 SF N/A Minimum Lot N/A Width*3 42' 35' 16' 90' Minimum Lot Depth 100' 100' 88' 100' N/A MINIMUM YARD PRINCIPAL USES Front 20'*6 20'*6 20' *6 20' *6 15' Side 6' 0' and 6' 0' and 6' *4 'A BH 10' Rear 15' 15' 15' 15' 15' Water body *1 20' 20' 20' 20' 20' Preserve 25' 25' 25' 25' 25' MINIMUM YARD ACCESSORY USES Front 20' *6 20' *6 20' *6 20' *6 SPS Side 6' 0' and 6' 0' and 6' *4 %2 BH SPS Rear 10' 10' 10' 10' SPS Water body *1 20' 20' 20' 20' SPS Preserve 10' 10' 10' 10' 10' Max. Building Height Zoned 35' 35' 45' 45' 35' *7 Actual 40' 40' 50' 50' 40' Buttonwood Preserve PUDA-PL2012-1105 Page 3 of 10 Last Revised:December 6,2012 17A No. of Stories 2 2 3 3 2 Minimum Distance Between Detached Principal Structures Sum of 1/2 BH *5 12' 12' 12' Sum of 1/2 BH Floor Area Min. 1000 SF 1000 SF 1000 SF 750 SF N/A (S.F.) All distances are in feet unless otherwise noted. SPS= Same as principal structure BH = Building height *1 — Principal and accessory structures on waterfront lots shall be permitted to be constructed up to, but not encroaching into a drainage easement, with a minimum setback of 20 feet from lake control elevation. *2—each half of a duplex requires a lot area allocation of 3,500 square.feet for a total minimum lot area of 7,000 square feet. *3 — Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *4 — Zero foot minimum side setback on one side of building as long as a minimum 12 foot separation between principal structures is maintained. *5 — Building distance may be reduced at garage to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi-family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet. *6 — Front entry building garages shall be setback a minimum of 23 feet from edge of sidewalk. The minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. *7—Clock towers or similar architectural features shall be permitted up to 45' zoned height and 50' actual height Buttonwood Preserve PUDA-PL2012-1105 Page 4 of 10 Last Revised:December 6,2012 17A J:\272-02 Buttonwood Preserve PUD\AutoCAD\272-02-01 PUD Master Plan\Rev03\272020101-8x11.dwg 12/7/2012 8:55:12 AM c 1 l ' IN`'f R,$1A1E4.a.L m \ 0 W(-m/7r O N_CgC z b zxvmczvz°°-vim co m-lzmm0 Z-I zDC X0-1 ,(�A-_1z „am o m r-< v �r I 5.. 9 D NO BUFFER REQUIRED 7J r c-Ic� �� to z z .r rr C t;. .. cn m'd m t-777 ,--777,7,77+ : :i,' ; ,1 ) 6 , 3 & §,0,',, a n , v O (/� 1 a 1 e 1 1 € 1 1° a € t I d W W 8 t t,'S.c Dc - OVARF-+ B DCR.:95 ) D cn V I / / ).' 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PLAN REVISIONS BUTTONWOOD PRESERVE -Ai , 08/01/12 REVISED PER COUNTY COMMENTS WALD RO P 10/02/12 REVISED PER COUNTY COMMENTS ENGINEERING 0 12/06/12 REVISED PER CCPC COMMENTS CLIENT:NEAL COMMUNITIES OF - SOUTHWEST FLORIDA,L.L.C. `� ,� b PUD MASTER PLAN °Afl°"M1a0N"`w" i EXHIBIT"C" R,a eatu eRw�oc WI.1.1111 OS 6UtQ11 SMM1111,R 9,80' #91.06.7,7 h 979405,11!9.FMN:*741.ge,/ew,19.61 - EXHIBIT D LEGAL DESCRIPTION 1 7 A BUTTONWOOD PRESERVE RPUD PARCEL I-A: THE WEST 30 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; AND THE WEST 30 FEET OF THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, BOTH LOCATED IN COLLIER COUNTY, FLORIDA. PARCEL I-C: THE NORTH ONE-HALF (1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE WEST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY. ALSO LESS AND EXCEPT: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 0 I DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF SECTION 35;THENCE RUN SOUTH 89 DEGREES 12' 34" EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01 DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR 645.98 FEET TO THE POINT OF BEGINNING. PARCEL 2: BEING A PART OF THE NORTH ONE-HALF (N 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE POINT OF BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 01 DEGREES 26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF SECTION 35;THENCE RUN SOUTH 89 DEGREES 12' 34" EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01 DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR 645.98 FEET TO THE POINT OF BEGINNING. PARCEL 3: THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. Buttonwood Preserve PUDA-PL2012-1105 Page 6 of 10 Last Revised:December 6,2012 17A PARCEL 4: THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND LESS THE WEST 30 FEET THEREOF FOR ROAD RIGHT OF WAY PURPOSES. PARCEL 5: TRACT 2, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B. 22, PAGE(S) 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 6: TRACT I, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B. 22, PAGE(S) 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PARCEL 7: THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 55+/-ACRES, MORE OR LESS. Buttonwood Preserve PUDA-PL2012-1105 Page 7 of 10 Last Revised:December 6,2012 EXHIBIT E 17 A LIST OF REQUESTED DEVIATIONS FROM LDC BUTTONWOOD PRESERVE RPUD Deviation No. 1: Deviation from LDC Section 5.03.02.C, which permits a maximum wall/fence height of six(6) feet in residential zoning districts.The requested deviation is to allow for a maximum height of eight (8) feet for a wall/fence or combination wall/fence/berm along the RPUD perimeter property lines. Deviation No. 2: Deviation from LDC Section 5.04.04.B.3.e, which provides that a temporary use permit for a model home (occupied or unoccupied) and sales center shall be issued initially for a period of three (3) years. The requested deviation is to allow the model homes and sales center to remain in use up to six(6)years without requiring a conditional use. Deviation No. 3: Deviation from LDC Section 5.04.04.B.5.c, which provides that a maximum of five (5) models, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted, approved development shall be permitted prior to final plat approval as specified above. The requested deviation is to allow a maximum of 15 model homes and a sales center to be permitted in the RPUD. Each time the developer applies for a model building permit, they shall be required to inform the County how many model homes are in operation. Deviation No. 4: Deviation 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.The requested deviation is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height.The temporary sign will be permitted a maximum of 60 days per calendar year. Deviation No. 5: Deviation from LDC Section 5.06.02.B.5, which requires on-premise directional signs to be setback a minimum of 10' from internal property lines. The requested deviation is to allow for on-premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adjacent to public roadways. Deviation No.6: Deviation from LDC Section 6.06.01.0, which requires a minimum width of 60 feet for cul-de-sac and local street rights-of-way. The requested deviation is to allow for a minimum 50- foot wide right-of-way for private, local streets internal to the proposed development. Buttonwood Preserve PUDA-PL2012-1105 Page 8 of 10 Last Revised:December 6,2012 EXHIBIT F 17 A DEVELOPMENT COMMITMENTS BUTTONWOOD PRESERVE RPUD 1. PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 2. 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 Buttonwood Partners, 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. 3. ENVIRONMENTAL 3.1 The developer shall retain a minimum of 11.6 acres of native vegetation on-site. 3.2 The developer shall provide a Big Cypress Fox Squirrel management plan as part of the first development order submittal. 4. TRANSPORTATION 4.1 Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to issuance of the first certificate of occupancy(CO). 4.2 All internal roads, driveways, alleys, pathways, sidewalks shall be operated and maintained by an entity created by the developer and Collier County shall have no responsibility for maintenance of any such facilities. 4.3 A portion of the Buttonwood Preserve RPUD is subject to a Developer Contribution Agreement, recorded as OR Book 3730, Pages 0876-0893 in the Public Records of Collier County, Florida. Development shall occur consistent with this agreement and/or subsequent developer contribution agreements. Buttonwood Preserve PUDA-PL2012-1105 Page 9 of 10 Last Revised:December 6,2012 17A 4.4 The developer agrees to accept the stormwater run-off from the right-of-way for that portion of Tree Farm Road east of the project entrance and treat the run-off within the project's water management system. Thereafter, the County shall allow the developer to convey the public and private treated stormwater run-off within the south side of the Tree Farm Road right-of-way and discharge into the County's Collier Boulevard/CR 951 canal system upon issuance of a road right-of-way permit. Maintenance of this conveyance system will be shared with the developer his successor and or assigns on a prorated basis using the percentage of stormwater that is private compared to public. 4.5 The owner shall provide all future property owners within the PUD access to property within the PUD until re-platting occurs and alternate access is provided to all such property owners. 5. PLANNING The developer, or its successors or assigns, shall construct a minimum 6' high masonry wall east of the southwest property boundary for a distance of approximately 400' linear feet. The wall shall have the same architectural design as the wall constructed on the common property line of the Bristol Pines PUD. In addition, from the eastern terminus of the wall, the Developer shall install a 6'- 8' high black vinyl chain link fence or wall east along the remaining southerly project boundary, then north along the eastern property line for a distance to a point approximately 800' north of the project boundary. The wall and fence may be installed on berm. The approximate location of each wall/fence section is labeled on the RPUD Conceptual Master Plan, Exhibit C. The developer, or its successors or assigns shall construct a fence or wall along the southwest corner of the project as shown on the RPUD conceptual Master Plan, Exhibit C. Buttonwood Preserve PUDA-PL2012-1105 Page 10 of 10 Last Revised:December 6,2012 11A STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2013-18 which was adopted by the Board of County Commissioners on the 22nd day of January, 2013 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of January, 2013 . DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners ,-'s.• s,. y �� B . Teresa Cr nnorr; Deputy Clrk i'