Ordinance 2006-28
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c}, 1J"/AN ORDINANCE AMENDING ORDINANCE NUMBER 2004-
'OL6aLg~'I1::./ 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 APPROPRlA TE ZONING
ATLAS MAP OR MAPS; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM THE GENERAL COMMERCIAL (C-4)
AND RESIDENTIAL MULTI-FAMILY (RMF-6) ZONING
DISTRICTS TO THE RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT TO ALLOW
DEVELOPMENT OF A MAXIMUM OF 120 MULTI-FAMILY
RESIDENTIAL DWELLING UNITS, TO INCLUDE A
MAXIMUM OF 24 UNITS OR 20 PERCENT OF THE TOTAL
DWELLING UNITS AS WORKFORCE HOUSING UNITS FOR
A PROJECT KNOWN AS MERIDIAN VILLAGE RPUD
WHICH IS LOCATED ON THE NORTHWEST CORNER OF
THE INTERSECTION OF AIRPORT-PULLING ROAD
(COUNTY ROAD 31) AND ESTEY AVENUE, IN SECTION 2,
TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 11.68 ACRES; AND
BY PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 06 - 28
WHEREAS, R. Bruce Anderson, Esq. of Roetzel and Andress, LPA, and Bruce Tyson of
Wilson Miller, Inc, representing Rock Creek Holdings, LLC, in Petition No. PUDZ-2005-AR-
8126, petitioned the Board of County Commissioners to change the zoning classification of the
subject 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 subject real property located in Section 2, Township 50
South, Range 25 East, Collier County, Florida, is changed from the General Commerical (C-4)
and Residential Multi-Family (RMF-6) zoning districts to the Residential Planned Unit
Development (RPUD) zoning district to allow development of a maximum of 120 multi-family
residential dwelling units, to include a maximum of 24 units or 20 percent of the total dwelling
units as workforce housing units for a project known as Meridian Village RPUD, in accordance
with the Meridian Village RPUD Document attached hereto as Exhibit "A" and incorporated by
reference herein. The appropriate zoning atlas map or maps; as described in Ordinance Number
2004-41, as amended, the Collier County Land Development Code, is/are hereby amended
accordingly.
Page 1 of2
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by supermajority vote of the Board of County
Commissioners of Collier County, Florida, this &. tt.. day of J u. (\ ~ , 2006.
ATTEST: " '
DWIGH1Ji" .6R~r~., CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
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FRANK HALAS, CHAIRMAN
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Approved as to form
and legal sufficiency:
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Marjori M. Student-Stirling
Assistant County Attorney
Thl. ord'notlce filed with the
~ry of ~ Office the
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Page 2 of2
MERIDIAN VILLAGE
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
Approximately 11.68 Acres
Section 2
Township 50 South, Range 25 East
Collier County, Florida
PREPARED FOR:
Rock Creek Holdings, LLC
200 American Avenue
Glasgow, Kentucky 42141
PREPARED BY:
Wilson Miller, Inc,
3200 Bailey Lane, Suite 200
Naples, Florida 34105
Roetzel & Andress, LPA
850 Park Shore Drive
Trianon Centre - Third Floor
Naples, FI 34103
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
7/25/05
5/18/06
6/6/06
2006-28
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE
ij
SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP,
AND GENERAL DESCRIPTION
1-1
SECTION II
PROJECT DEVELOPMENT
2-1
SECTION III
RESIDENTIAL DISTRICT
3-1
SECTION IV
PRESERVE DISTRICT
4-1
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5-1
EXHIBIT A
MERIDIAN VILLAGE MASTER PLAN
(WilsonMiller File No. N0228-005-004)
LEGAL DESCRIPTION
EXHIBIT B
2
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Rock Creek Holdings, LLC, its successors
and assigns (the Developer), to create a Residential Planned Unit Development (RPUD) on
11.68::1: acres of land located in Section 2, Township 50 South, Range 25 East, Collier County,
Florida. The name of this Planned Unit Development shall be Meridian Village. The development
of Meridian Village will be in compliance with the planning goals and objectives of Collier County
as set forth in the Growth Management Plan (GMP). The development will be consistent with the
growth policies and land development regulations adopted hereunder of the GMP Future Land
Use Element (FLUE) and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed-Use District, Urban Residential Subdistrict,
and is located within the Traffic Congestion Boundary and the Coastal High Hazard Area,
as depicted on the Future Land Use Map (FLUM). The purpose of the Urban Residential
Subdistrict is to provide for higher densities in an area with fewer natural resource
constraints and where existing and planned facilities are concentrated.
2. The requested density of 10.27 dwelling units per gross acre is consistent with the GMP
through FLUE Policy 5,1 and the Density Rating System. The subject project is
comprised of properties zoned RMF-6 (Residential Multi-family, 6 dwelling units/acre)
and C-4 (General Commercial). This existing zoning is deemed consistent with the
GMP and the properties are designated on the FLUM series as Properties Consistent by
Policy. FLUE Policy 5.1 permits the rezoning of properties deemed Consistent by Policy
at the density permitted by the underlying zoning district; therefore the RMF-6 zoning
may be rezoned for 6 units/acre. The Density Rating System allows the conversion of
commercial zoning to residential at a rate of up to 16 dwelling units for each acre of
commercial zoning converted, and allows the units to be distributed throughout the
project; therefore, the C-4 zoning may be rezoned to residential at up to 16 units/acre.
RMF-6: 6 units x 6,70 acres = 40.20 units per acre
C-4 rezoned to Residential 16 units x 4.98 acres = +79.68 units per acre
Total allowable units on 11.68 acres 119.88 or 120 total units.
Total allowable units / total acres = 120/11.68 = 10.27 dwelling units per acre.
3. The subject property's location in relation to existing or proposed community facilities and
services, permits the development's residential density as required in Objective 2 of the
Future Land Use Element.
4. The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
5. All final local development orders for this project are subject to Chapter 6, Infrastructure
Improvements and Adequate Public Facilities Requirements, of the LDC, as amended.
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SHORT TITLE
This Ordinance shall be known and cited as the "MERIDIAN VILLAGE RESIDENTIAL PLANNED
UNIT DEVELOPMENT ORDINANCE."
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the
Meridian Village RPUD, and to describe the existing conditions of the property proposed to
be developed.
1.2 LEGAL DESCRIPTION
The legal description of the Meridian Village RPUD property is attached hereto and
incorporated by reference herein as Exhibit "B."
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Rock Creek Holdings, LLC,
whose address is 200 American Avenue, PO Box 1598, Glasgow, Kentucky, 42141.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 2, Township 50 South, Range 25 East, and
is generally bordered on the north by Rock Creek, on the east by the Airport-
Pulling Road, on the south by Estey Avenue and to the west by Residentially
zoned land (RMF-6).
B. The zoning classification of the subject property at the time of RPUD application
was C-4 (Commercial) and RMF - 6 (Residential).
C. Elevations within the site are approximately 3.5 - 4.5 feet-NGVD and a minimum
elevation of approximately 3.1 feet NGVD. The site is located in Zone AE 7 for a
small portion of the property adjacent to Airport Road and AE-8 for the balance of
the property as shown on the Collier County Zoning Atlas, Map Number 0502S.
D. There are no known previous uses and the site is open. Most of the exotics have
been cleared from the property and it is mowed to minimize exotic infestation.
E. The soil types on the site generally include Urban Land, Immokalee, Oldsmar,
Limestone Substratum, Complex and Durbin and Wulfert Mucks.
F. Prior to development, vegetation on site primarily consists of pine upland, exotic
species, and mangrove wetland.
G. The project site is located within the Rock Creek sub-basin, as depicted within the
Collier County Drainage Atlas (May, 1996).
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1.5 DENSITY
Meridian Village is to be developed on 11.68::t acres in western Collier County. The
number of dwelling units proposed to be constructed is 120 units. The gross project
density, therefore, will be a maximum of 10,27 units per acre,
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the
Meridian Village RPUD, and to identify relationships to applicable County ordinances,
policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. Meridian Village, a master planned community, will include a range of multi-family
housing and related amenities, which will provide services and facilities that support
its residents, including, but not limited to club facilities, community meeting rooms,
and a recreation center.
B. The Master Plan is illustrated graphically on Exhibit "A" (Wilson Miller, Inc., File No.
N0228-005-004). A Land Use Summary indicating approximate land use acreages
is shown on the plan.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of the Meridian Village RPUD shall be in accordance with
the contents of this RPUD Ordinance, and to the extent they are not inconsistent with
this RPUD Ordinance, applicable sections of the Land Development Code (LDC) and
the Collier County GMP which are in effect at the time of issuance of any development
order, to which said regulations relate which authorizes the construction of
improvements, such as but not limited to, final site development plan, excavation permit
and preliminary work authorization, Where this RPUD Ordinance does not provide
developmental standards, then the provisions of the specific sections of the LDC, that
are otherwise applicable, shall apply.
B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of
all terms shall be the same as the definitions set forth in the LDC in effect at the time of
development order application.
C. Development permitted by the approval of this PUD will be subject to Adequate Public
Facilities sections of the Collier County LDC.
D, Unless a deviation from the LDC is approved as part of this RPUD, the provisions of
other applicable sections of the LDC remain in effect with respect to the development of
the land which comprises this RPUD.
E. All conditions imposed herein are part of the regulations which govern the manner in
which the land may be developed.
F. The Site Development Plans sections, of the LDC shall apply to the Meridian Village
RPUD.
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2.4 ROADWAYS
2-2
Roadways within the Meridian Village RPUD may be privately owned and maintained.
Standards for platted roads shall be in compliance with the applicable provisions of the
LDC regulating subdivisions, unless otherwise modified, waived or excepted by this RPUD
or approved during preliminary subdivision approval. The developer reserves the right to
request substitutions to Code design standards in accordance with the LDC. The developer
retains the right to establish gates, guardhouses, and other access controls as may be
deemed appropriate by the developer on all internal and privately owned and maintained
project roadways. These gates, guardhouses or other access controls will be subject to
compliance with the applicable LDC regulations.
2.5 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Meridian Village
RPUD except in the Preserve Areas. General permitted uses are those uses which
generally serve the residents of the Meridian Village RPUD and are typically part of the
common infrastructure or are considered community facilities.
A. General Permitted Uses:
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1.
Essential services as set forth under the Essential Services section of the
LDC, including sewage lift station, water lines, sewer lines, gas lines,
telephone lines, cable lines, electrical distribution lines and appurtances.
2.
Water management facilities and related structures.
3.
Lakes, including lakes with bulkheads or other architectural or structural
bank treatments.
4.
Guardhouses, gatehouses, and access control structures.
5,
Community and neighborhood parks, trails and recreational facilities and
buildings.
6.
Benches, gazebos, fountains, plazas and open space uses.
7.
Temporary construction, sales, and administrative offices for the developer
and authorized contractors and consultants, including necessary access
ways, parking areas and related uses.
8.
Landscape/hardscape features including, but not limited to, landscape
buffers, berms, fences, water features and walls subject to the standards set
forth in the LDC. The landscape buffer on the west property line and the
south property line that extends east and west of Steeves Avenue shall
contain trees with a minimum height of 12 feet spaced no more than 25 feet
on center. Existing trees that can be saved within the buffer shall remain if
practicable and be counted as buffer trees as allowed in the LDC. Hedges in
the enhanced buffer shall be a minimum of ten gallon plants five feet in
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height, three feet in spread and spaced a maximum four feet on center at
planting.
9. Fill storage, site filling and grading are subject to the standards set forth in
Section 2.9 of this RPUD, except within Preserve Areas.
B. Development Standards:
Unless otherwise set forth in this Document, or as noted in Table 1, the following
development standards shall apply to principal structures:
1. Setback from back of curb or edge of pavement of any road - twelve (12')
feet except for guardhouses, gatehouses, signage, walls, access control
structures and landscape features, which shall meet LDC requirements.
2. Minimum floor area - None required.
3. Minimum lot or parcel area - None required.
4. Sidewalks and bikepaths may occur within County required buffers,
however, the width of the required buffer shall be increased proportionately
to the width of the paved surface of the sidewalk, bikepath or cartpath.
5. Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein are to be in accordance with the LDC
provisions in effect at the time this RPUD is approved
2.6 OPEN SPACE REQUIREMENTS
The Collier County LDC requires that residential projects maintain open space at a
minimum of 60% of the project areas. The RPUD Master Plan identifies preserves, lakes,
and buffers as open spaces, These areas, in conjunction with open space areas included
within the Residential District, will satisfy the 60% open space requirement of the LDC for
residential developments.
2.7 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to the Conservation and Coastal Management Element of the GMP, and the
LDC, a minimum of 25% of the viable naturally functioning native vegetation on site shall
be retained. Based on the existing 8.74+/- acres of native vegetation, a minimum of 2.19+/-
acres of native vegetation shall be retained or supplemented on-site, where shown on the
PUD Master Plan (Exhibit A).
2.8 RECREATION FACILITIES
The developer will provide a Consumer Product Safety Commission and American
Society for Testing and Materials certified commercial grade equipment and playground
area recommended for children between the ages of 2 and 12 prior to the issuance of
any certificates of occupancy. This facility will be available for residents and guests of
the project.
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SECTION III
RESIDENTIAL DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Meridian Village RPUD designated on the Master Plan as "R."
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units permitted within the "R" District is 120
and represents a gross project density of 1 0.27 dwelling units per acre.
3.3 GENERAL DESCRIPTION
The Residential District is designed to accommodate a full range of residential multi-family
dwelling types, compatible recreational facilities, essential services, and customary
accessory uses.
The approximate acreage of the "R" District is indicated on the PUD Master Plan. This
acreage is based on conceptual designs and is approximate. Actual acreages will be
provided at the time of site development plan approvals in accordance with the LDC.
Residential tracts are designed to accommodate internal roadways, open spaces,
recreational facilities and other similar uses found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Townhouse dwellings
2. Multi-family dwellings
B. Temporary Uses:
1. Model units
2. Project information and Sales centers
C. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
permitted in this District, including neighborhood community recreational
facilities.
2. Tennis courts and other recreational facilities and buildings.
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3. Swimming pools.
4. Public (non-commercial) administration facilities intended to serve the
residents and guests of the proposed development.
5, Garages and carports.
6. Common non-commercial buildings used for property management and
maintenance and intended to serve the residents and guests of the
proposed development.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R" District.
B. Standards for parking, landscaping, signs and other land uses, where such
standards are not specified herein are to be in accordance with the LDC in effect at
the time of site development plan approval.
C. Development standards for uses not specifically set forth in Table I shall be
established during the site development plan approval process as set forth in the
LDC and shall be in accordance with those standards of the zoning district which is
most similar to the proposed use.
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TABLE I
MERIDIAN VILLAGE DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS
TOWNHOUSE MULTI FAMIL Y Accessory
DWELLINGS' 2 Uses
Minimum Lot Area 3,000 SF NA NA
Minimum Lot Width 30' NA NA
Minimum Front Yard Setback
(Princioal and Accessory) 20' 20' 20,*3
Minimum Rear Yard
Setback (Princioal) 10' .5 BH NA
Minimum Rear Yard Setback
(Accessory) 10 10 10
Minimum Side Yard Setback o or .5 BH ,5SBH 10'
Minimum Setback from West 50' 50' 50'
Boundary and South Boundary
East and West of Steeves
Ave. onlv
Minimum Building Setback 25' 25' 25'
from Airoort-Pullina Road
Maximum Height <. 3 stories for a 3 stories for a 25'
maximum of 45 maximum of 45 feet
feet
Floor Area Minimum (SF) 1200 SF 1000 SF NA
Minimum Distance Between
Structures .5SBH .5SBH 10'
Separation Distance Between 25' 25' 25,4
Preserve and Structures/Uses
BH: (Building Height): Zoned height. according to the LOC,
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of detennining setback requirements,
All distances are in feet unless otherwise noted,
Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design, Architectural bank treatments shall
include any structural materials used to retain earth such as concrete, stone or wood placed to LOC requirements,
Front yards shall be measured as follows:
A If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. Sidewalks shall be located in the right-of-way,
8, If the parcel is served by a private road. setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed),
'1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from Engineering Services,
'2 - Multi-family use shall include multi-family units as defined in Collier County LOC,
'3 - Garages and carports shall be 10 feet from principal structures if detached. There will be a minimum of a 23 foot setback from the back of a sidewalk to front load garages.
'4 - Roadways, Parking Areas and Paved Sidewalks shall be 10' from Preserve,
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SECTION IV
PRESERVE DISTRICT
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Meridian Village RPUD designated on the Master Plan, as "P."
4.2 GENERAL DESCRIPTION
Areas designated as Preservation Area on the Master Plan are designed to accommodate
conservation, passive recreation, and water management uses and functions.
4.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Boardwalks, nature trails (elevated and at grade as long as any clearing
required to facilitate these uses does not impact the minimum required
native vegetation), and gazebos.
2. Water management structures.
3. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses, and which the Board of
Zoning Appeals (BZA) determines to be compatible in the Preservation
Area.
4.4 DEVELOPMENT STANDARDS
A. Building setback for principal structures - Twenty-five feet (25').
B. Building setback for roads and parking areas - Ten feet (10').
4.5 LANDSCAPE BUFFERS
Where Preserve areas are shown on the Master Plan and the LDC requires landscape
buffers, the preserve vegetation may contribute in part or in whole to the landscape buffer
when it is demonstrated that the preserve vegetation meets or exceeds the buffer
requirements of the LDC. Landscape buffers must remain exotic free while demonstrating
sufficiency to achieve minimum buffer standards.
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4-2
4.6 OWNERSHIP AND MAINTENANCE
All conservation areas shall be designated as tracts/easements with protective covenants.
Easements shall be dedicated on the Site Development Plan to the homeowner's
association for ownership and maintenance and to Collier County with no responsibility for
maintenance.
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SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the general development commitments within
the Meridian Village RPUD.
5.2 PUD MASTER DEVELOPMENT PLAN
All facilities shall be constructed in accordance with the final site development plans and all
applicable state and local laws, codes and regulations in effect at the time of approval of
the development order to which such regulations apply except where specifically noted.
In addition, the Master Plan and the regulations of the RPUD Document, as adopted,
along with any other specific conditions or stipulations as may be agreed to in the rezone
hearing before the Board of County Commissioners, shall control and be applicable to
development of the subject property. The developer shall be bound by said regulations
and stipulations
5.3 MONITORING REPORT
An annual monitoring report shall be submitted pursuant to the LDC.
5.4 AFFORDABLE-WORKFORCE-GAP HOUSING COMMITMENT AND RESTRICTIONS:
Fifteen (15%) percent of the dwelling units ultimately developed within the project, shall
be sold by the developer to individuals, or families that earn less than eighty (80%)
percent of the Collier County median family income. For the purposes of this RPUD,
these specific units shall be described as "affordable-workforce housing units". Five
(5%) percent of the dwelling units ultimately developed within the project, shall be sold
by the developer to individuals or families that earn less than one-hundred fifty (150%)
percent of the Collier County median family income. For the purposes of this RPUD,
these specific units shall be described as "affordable-gap housing units". The median
income of the area as defined by the U.S. Department of Housing and Urban
Development (HUD) shall be the then current median income for the Naples
Metropolitan Statistical Area, established periodically by HUD and published in the
Federal Register, as adjusted for family size, in accordance with any adjustments that
are authorized by HUD or any successor agency, In the event that HUD ceases to
publish an established median income as aforesaid, the developer and the County shall
mutually agree to a reasonable and comparable method of computing adjustments in
median income.
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5-2
The following limitations and performance standards shall be adhered to:
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1. No affordable-workforce housing unit in the development shall be sold by the
developer to those whose household income has not been verified and certified
to be less than eighty (80%) percent of the median family income for Collier
County, Such verification and certification shall be the responsibility of the
developer and shall be submitted to the County Manager, or his designee for
approval.
2. No affordable-gap housing unit in the development shall be sold by the
developer to those whose household income has not been verified and certified
to be less than one-hundred fifty (150%) percent of the median family income for
Collier County. Such verification and certification shall be the responsibility of
the developer and shall be submitted to the County Manager, or his designee for
approval.
3. No affordable-workforce housing unit or affordable-gap housing unit is to be
sold, shall be sold, or otherwise conveyed to a buyer whose household income
has not been verified and certified in accordance with this RPUD Document. It is
the intent of this RPUD to keep affordable housing as such; therefore, any
person who buys from the developer an affordable-workforce housing unit or an
affordable-gap housing unit must agree, in a lien instrument to be recorded with
the Clerk of the Circuit Court of Collier County, Florida, that if the affordable-
workforce or affordable-gap housing unit is sold, (including the land and/or the
unit) within 15 years after its original purchase at a sales price in excess of five
percent per year of its original purchase price that he/she will pay to the County
an amount equal to one-half of the sales price in excess of five percent increase
per year. Such payment shall be maintained in a segregated fund, established by
the County solely for affordable housing purposes and such money shall be used
to encourage, provide for, or promote affordable housing in Collier County. The
lien instrument may be subordinated to a qualifying first mortgage.
4. No affordable-workforce housing unit or affordable-gap housing unit in any
building or structure in the development shall be occupied by the developer, any
person related to or affiliated with the developer, or a resident manager.
5. When the developer advertises, sells, or maintains the affordable-workforce
housing unit or the affordable-gap housing unit, it must advertise, sell, and
maintain the same in a nondiscriminatory manner and make available any
relevant information to any person who is interested in purchasing such
affordable-workforce housing unit or affordable-gap housing unit. The developer
agrees to be responsible for payment of any real estate commissions and fees
for the initial sale from the developer to the buyer.
6. The developer shall submit a yearly report to the County indicating the status
of the affordable-workforce and affordable-gap housing units.
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7. This Affordable-Workforce-Gap Housing commitment will allow Collier County
Community Development and Environmental Services Division permitting to be
completed on an expedited basis as provided by the appropriate Collier County
ordinances and resolutions.
5.5 TRANSPORTATION
A. Prior to issuance of certificates of occupancy the developer shall construct an
additional eastbound left turn lane on Estey Avenue at its intersection with Airport
Road. The length of the turn lane is to be determined by Collier County
Transportation Staff up to a maximum distance that can be accommodated along
the developer's frontage. The length will further be determined given
consideration to the project's access location and normal transportation
engineering practices.
B. Prior to issuance of certificates of occupancy the developer shall construct a
turnaround within the existing Steeves Avenue Right-of-Way, as depicted in the
RPUD Master Plan. A 12-foot wide gate with a lock box, for use by emergency
vehicles only, shall be constructed along the Meridian Village property line to
separate Steeves Avenue from Meridian Village.
C. The developer shall be allowed to use the existing curb cut on Airport Road during
the construction of Meridian Village RPUD. Once construction of the development
is completed, the developer shall close the existing curb cut.
D. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual On Uniform Traffic Control Devices (MUTCD),
current edition. All other improvements shall be consistent with and as required
by the LDC,
E. Arterial level street lighting shall be provided at all access points. Access
lighting shall be in place prior to the issuance of the first certificate of occupancy
(CO).
F. Access points, including both driveways and proposed streets, shown on the
RPUD Master Plan are considered to be conceptual. Nothing depicted on any
such Master Plan shall vest any right of access at any specific point along any
property frontage. All such access points shall be approved or denied during
the review of required site plan or final plat submissions. All such access points
shall be consistent with the Collier County Access Management Policy (Res. No.
01-247), as it may be amended from time to time, and with the Collier County
Long-Range Transportation Plan.
The number of access points constructed may be less than the number depicted
on the Master Plan; however, no additional access points shall be considered
unless a RPUD amendment is to be processed.
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G. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by Collier
County Transportation Staff, shall not be eligible for impact fee credits. All
required improvements shall be in place and available to the public prior to the
issuance of the first CO.
H. Road impact fees shall be paid in accordance with the transportation impact fee
ordinance and appropriate sections of the LDC.
I. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
J. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution No. 01-247), as it may be
amended, and the LDC, as it may be amended. Collier County reserves the
right to modify or close any median opening existing at the time of approval of
this RPUD which is found to be adverse to the health, safety and welfare of the
public. Any such modifications shall be based on, but are not limited to, safety,
operational circulation, and roadway capacity.
K. Nothing in any development order shall vest a right of access in excess of a
right in/right out condition at any access point. Neither shall the existence of a
point of ingress, a point of egress or a median opening, nor the lack thereof, be
the basis for any future cause of action for damages against the County by the
developer, its successor in title, or assignee.
L. All internal roads, driveway, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created
by the developer. Collier County shall have no responsibility for maintenance of
any such facilities.
5.6 WATER MANAGEMENT
A South Florida Water Management District (SFWMD) Environmental Resource Permit
shall be required and obtained.
5.7 ENVIRONMENTAL
A. The development of this project shall be consistent with the environmental section
of the Conservation and Coastal Management Element of the GMP and the LDC in
effect at the time of final development order approval.
B. Areas that fulfill the native vegetation retention standards and criteria of the GMP
shall be set aside as preserve areas. If an SDP is submitted, the preserve areas
shall be identified and protected by a permanent conservation easement.
Perimeter berms shall be relocated outside of upland preserve boundaries,
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5-5
C. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant
Council, shall be removed from within preserve areas and subsequent annual
removal of these plants in perpetuity shall be the responsibility of the home owners'
association or condominium association.
D. A preserve area management plan shall be provided to Environmental Staff for
approval prior to site/construction plan approval identifying methods to address
treatment of invasive exotic species, and maintenance.
F. The development of this project shall comply with the guidelines of the United
States Fish and Wildlife Service and Florida Fish and Wildlife Conservation
Commission for impacts to protected species. A habitat management plan for
those species shall be submitted to Environmental Review Staff for review and
approval prior to site plan approval.
G. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to final site plan/construction plan approval.
5.8 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be
constructed throughout the project by the developer. Potable water and sanitary
sewer facilities constructed within platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County or the City of
Naples or both, pursuant to applicable County ordinances and/or the City
ordinances as may be amended, except as may be provided in Subsection 2.3 of
this Document.
B. Upon completion of the utility facilities, they shall be tested to insure they meet
FDEP, City of Naples and Collier County's utility requirements in effect at the
time construction plans are approved.
C. All customers connecting to the potable water system shall be customers of the
City of Naples and sanitary sewer system users shall be customers of Collier
County,
5.9 ENGINEERING
A. Except as noted herein, all project development will be consistent with applicable
engineering requirements of the LDC.
5.10 ARCHAEOLOGICAL ASSESSMENT RESULTS AND CONCLUSIONS
In September 2005 a Phase I archaeological assessment was conducted on the
Meridian Village PUD parcel. The entire parcel was investigated based on aerial
photograph reconnaissance and a subsequent pedestrian survey. No archaeological or
historic sites were found.
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5-6
5.11 PROXIMITY OF PROPERTY TO NAPLES AIRPORT
A. The developer shall provide the following to the Naples Airport Authority:
1. An executed Avigation Easement and Release (first five pages), once the
RPUD has been approved by the Board of County Commissioners.
2. A statement within the Project's Condominium Documents, that states the
following: "The Naples Municipal Airport is located less than one mile to
the Northwest of the Condominium, in close proximity to the community.
Purchaser's can expect all the usual and common noises and
disturbances created by, and incident to, the operation of the Airport".
Purchasers shall acknowledge they have read the Condominium
Documents by signing a letter, which the developer shall send to the
Naples Airport Authority. The Homeowner's Association shall not have
the right to remove this clause at any time from their documents.
3, Future SDP applications shall be forwarded to the Naples Airport
Authority for review.
B. No residential structures shall be placed inside the Proposed New Surface
Approach Zone, as labeled on the RPUD Master Plan.
5.12 ARCHITECTURAL STANDARDS
Architecturally, it shall be the intent of the project to present appealing facades,
particularly to the abutting residences to the west. Facades shall be designed to reduce
the mass/scale and uniform appearance of large walls. Facades shall provide, through
the use of detail and scale, visual interest that is consistent with the community's identity
and character. At the time of SDP approval detailed architectural plans demonstrating
these commitments shall be provided.
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N0228-007 -000- VW RK. 297'9
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Exhibit A
SCALE:
1" =200'
PUD MASTER PLAN
SEC: TWP: RGE:
2 50S 25E
PROJECT NO,
N0228-007-000
DRWN BY /E~P NO,
BMG 2033
DATE:
04 19 06
REV NO:
INDEX NO:
8-N0228-005
SHEET NO:
1 0, 1
LEGAL DESCRIPTION FOR MERIDIAN VILLAGE
DESCRIPTION
COMMENCING AT THE EAST 1/4 CORNER OF SECTION 2, TOWNSHIP 50 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA;
THENCE SOUTH 890 38'10"WEST 13.00 FEET TO THE WEST LINE OF AIRPORT ROAD;
THENCE SOUTH 000 31 '26" EAST 1312.46 FEET ALONG SAID LINE TO THE INTERSECTION
OF THE NORTH LINE OF ESTEY AVENUE AND THE POINT OF BEGINNING;
THENCE SOUTH 890 37'00'WEST 340.07 FEET ALONG THE NORTH LINE OF ESTEY
AVENUE;
THENCE LEAVING SAID LINE AND IN ACCORDANCE WITH THE BOUNDARY LINE
AGREEMENT
AS RECORDED IN O.R. BOOK 764, PAGE 757, THE FOLLOWING NINE (9) COURSES AND
DISTANCES;
1) NORTH 010 09'40'WEST 129.40 FEET;
2) NORTH 880 50'20"EAST 40,00 FEET;
3) NORTH 010 9'40'WEST 50,76 FEET;
4) SOUTH 880 50'20"WEST 135.00 FEET;
5) NORTH 010 09'40'WEST 50,76 FEET;
6) NORTH 880 50'20"EAST 135,00 FEET;
7) NORTH 010 09'40'WEST 203,04 FEET;
8) NORTH 880 50'20"EAST 344.12 FEET;
9) NORTH 000 43'37'WEST 372.75 FEET MORE OR LESS TO THE MEAN HIGH WATER
ELEVATION 1.61 (NGVD29):
THENCE GENERAL Y MEANDERING NORTHEASTERLY ALONG SAID LINE, 940 FEET MORE
OR LESS;
THENCE SOUTH 420 06'50"EAST 46.56 FEET TO A POINT ON THE WEST RIGHT OF WAY
LINE OF AIRPORT-PULLING ROAD;
THENCE ALONG SAID RIGHT OF WAY LINE SOUTH 000 31'26"EAST 1147,75 FEET
TO THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED;
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD
CONTAINING 11.68 ACRES MORE OR LESS
Exhibit 8
2111l12OCJ8. 152'18 Vr. 021- OHYATT
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Nll228-0D7.QOD. TTI$- 29838
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 2006-28
Which was adopted by the Board of County Commissioners
on the 6th day of June, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of June, 2006.
DWIGHT E. BROCK
Clerk of Courts ,:anct" Clerk.
Ex-officio to.~~i}~~o~~:
County Commiss:ioners. ';"""
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By: Heidi R. Rockhold,
Deputy Clerk
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