Ordinance 2022-20 ORDINANCE NO. 2022- 20
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
AMENDING ORDINANCE NUMBER 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 SINGLE-FAMILY-1
(RSF-1) ZONING DISTRICT WITHIN SPECIAL.,
TREATMENT WELLFIELD ZONES W-3 AND W-4 TO A
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT WITHIN SPECIAL TREATMENT
WELLFIELD ZONES W-3 AND W-4 FOR A PROJECT TO
BE KNOWN AS PALISADES RPUD TO ALLOW
CONSTRUCTION OF UP TO 36 DETACHED SINGLE
FAMILY DWELLING UNITS, ON PROPERTY LOCATED
ON THE WEST SIDE OF YARBERRY LANE, SOUTH OF
ORANGE BLOSSOM DRIVE AND WEST OF AIRPORT
PULLING ROAD IN SECTION 2, TOWNSHIP 49 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 12+/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20210000979]
WHEREAS, John Cowart, of Waldrop Engineering representing Yarberry Partners, 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 2,
Township 49 South, Range 25 East, Collier County, Florida, is changed from a Residential
Single-Family-1 (RSF-1) Zoning District within Special Treatment Wellfield Zones W-3 and
W-4 to a Residential Planned Unit Development (RPUD) Zoning District within Special
[21-CPS-02126/1711911/1]103
Palisades/PL20210000979 Page 1 of 2
4/11/22
Treatment Wellfield Zones W-3 and W-4 for the 12+/- acre project to be known as Palisades
RPUD in accordance with Exhibits A-F attached hereto and incorporated herein by reference.
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.
SECTION TWO:
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 :T1-Ph dayof ,(� 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL I ;rKJ,NZEL, CLERK COLLIER CO - •RIDA
. ( } 41111.W
By: . . `� ' By:
G- I ` : .uty Clerk Wi iam L. McDaniel, Jr., Chairman
esta$ . . t _
4
sl�ature onir,
Approved as'-to fftih "and legality:
C/tiv
Ck A
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments:
Exhibit A: List of Permitted Uses
Exhibit B: Development and Design Standards This ordinance fiied with the
Exhibit C: Master Concept Plan cy of t ,s Of�'4� t}�e
Exhibit D: Legal Description day of ; LUZ
and acknowled at
Exhibit E: Deviations tern t�
Exhibit F: Development Commitments Qf° • ed ' day
$y
Daautv
[21-CPS-02126/1711911/1]103
Palisades/PL20210000979 Page 2 of 2
4/11/22
EXHIBIT "A"
LIST OF PERMITTED USES
Palisades RPUD
Regulations for development of this PUD shall be in accordance with the contents of this
document and all applicable sections of the Growth Management Plan (GMD), the Land
Development Code (LDC), and the Administrative Code in effect at the time of approval of the
first subdivision plat (PPL). Where the PUD ordinance does not provide development standards,
then the provision of the specific sections of the LDC that are otherwise applicable shall apply.
PERMITTED USES:
A maximum of 36 dwelling units (3 du/acre) shall be permitted in this PUD. No building or
structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for
other than the following:
I. RESIDENTIAL TRACTS
A. Principal Uses:
1. Single-family detached dwelling units.
Any other accessory use and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process
outlined in the Land Development Code (LDC).
B. Accessory Uses:
Accessory uses customarily associated with Permitted Principal Uses, including but not
limited to:
1. Customary accessory uses and structures including carports, garages, and utility
buildings.
2. Temporary sales trailers and model units.
3. Essential services, including interim and permanent utility and maintenance
facilities.
4. Water management facilities.
5. Walls, berms and signs.
6. Passive open space uses and structures, including, but not limited to landscaped
areas, gazebos, park benches, and walking trails.
Any other accessory use and related use that is determined to be comparable to the
foregoing by the Board of Zoning Appeals, or Hearing Examiner, pursuant to the process
outlined in the Land Development Code (LDC).
Palisades RPUD
Last Revised:April 11, 2022
Page 1 of 10
EXHIBIT "B"
DEVELOPMENT STANDARDS
Palisades RPUD
The standards for land uses within the development shall be as stated in these development
standard tables. 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 subdivision plat (PPL).
Guardhouses, gatehouses, access control structures, clock towers, columns, decorative
hardscaping or architectural embellishments associated with the project's entrance are permitted
and shall have no required setbacks; however, such structures cannot be located where they
create sight distance issues for motorists and pedestrians, and cannot exceed 35 feet in actual
height.
PERMITTED USES AND STANDARDS Single-Family Detached
Min. Lot Area 4,500 sq. ft.
Min. Lot Width 45'
Min. Lot Depth 100'
Front Yard') 15'(2)(3)
Side Yard(5) 5'
Rear Yard (Principal)(4) 10'
Rear Yard (Accessory)(4)
5'
Min. Distance Between Principal Structures 10'
Maximum Height Actual 40'
Zoned Height
35'
(1) Front setback is measured from the property line or road easement.
(2) Front-loading/front-entry garages shall be setback a minimum of 23' from the back of
sidewalk. Units with side-loaded garages shall have a minimum 10' setback from the front
property line/right-of-way. No structures will overhang into the utility easement.
(3) Corner lots shall provide one (1) front yard setback within the yard that contains the
driveway/vehicular access to the dwelling unit. The secondary front yard that does not
contain the driveway/vehicular access to the dwelling unit shall provide a minimum 10-foot
setback measured from the right-of-way, and will have no overhang into the utility
easement if there are any buildings adjacent to that side setback.
(4) 0' principal and accessory setbacks are permitted from lake maintenance easements and
landscape buffer easements, which will be separate platted tracts on the PPL.
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in
relation to individual parcel or lot boundary lines, or between structures. Homeowners' association
boundaries shall not be utilized for determining development standards.
Palisades RPUD
Last Revised:April 11, 2022
Page 2 of 10
Landscape buffers and lake maintenance easements shall be platted as separate tracts at time of
subdivision plat approval, or shown as separate tracts on the SDP.
Note: Nothing in this PUD document shall be deemed to approve a deviation from the LDC unless
it is expressly stated in a list of deviations.
Palisades RPUD
Last Revised:April 11, 2022
Page 3 of 10
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EXHIBIT "D"
LEGAL DESCRIPTION
Palisades RPUD
PARCEL 1
STRAP #00237280004
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, LESS AND EXCEPTING THE EAST 30 FEET THEREOF FOR ROAD
RIGHT-OF-WAY PURPOSES.
AND
PARCEL 2
STRAP #00238280003
THE EAST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF.
AND
PARCEL 3
STRAP #00237040008
THE WEST 1/2 OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
AND
PARCEL 4
STRAP #00237080000
THE SOUTH 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF
THE SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA, LESS THE EAST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY
PURPOSES.
AND
PARCEL 5
STRAP #00237000006
THE SOUTH HALF (S 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE SOUTHWEST
QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE 1/4) OF SECTION 2, TOWNSHIP 49
SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, LESS AND EXCEPT THE EAST 30
FEET THEREOF FOR ROAD RIGHT-OF-WAY PURPOSE.
LESS OUT 1
THE SOUTH HALF (S1/2) OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER
(NW1/4) OF THE SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4)
OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
LESS AND EXCEPT THE EAST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY PURPOSES.
LESS OUT 2
Palisades RPUD
Last Revised:April 11, 2022
Page 7 of 10
THE WEST 100 FEET OF THE EAST 275 FEET OF THE SOUTH 133 FEET TOGETHER WITH
THE WEST 161 OF THE EAST 436 FEET OF THE SOUTH 188 FEET OF THE NORTH HALF
(N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE
SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 2,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
AND
PARCEL 6
STRAP #00238447008
THE WEST 100 FEET OF THE EAST 275 FEET OF THE SOUTH 133 FEET TOGETHER WITH
THE WEST 161 OF THE EAST 436 FEET OF THE SOUTH 188 FEET OF THE NORTH HALF
(N1/2) OF THE SOUTH HALF (S1/2) OF THE NORTHWEST QUARTER (NW1/4) OF THE
SOUTHWEST QUARTER (SW1/4) OF THE SOUTHEAST QUARTER (SE1/4) OF SECTION 2,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
Palisades RPUD
Last Revised:April 11, 2022
Page 8 of 10
EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM LDC
Palisades RPUD
Deviation 1 from LDC Section 5.03.02.C.2, "Fences and walls", which permits a maximum fence/wall
height of 6 feet in residential components of Planned Unit Development zoning districts, to allow for
a maximum fence/wall/berm height of 8 feet along the PUD perimeter boundary.
Deviation 2 from LDC Section 6.06.01.J, "Dead-end streets", which prohibits dead-end streets
without cul-de-sacs, to allow for a hammerhead stub design as shown on the PUD master plan.
Deviation 3 from LDC Section 6.06.01.N, "Minimum right-of-way widths", which establishes
the minimum right-of-way width of 60 feet to be utilized, to allow for a 50-foot right-of-way
internal private right-of-way.
Deviation 4: A deviation from LDC Section 6.06.02.A,. "Sidewalks, Bike Lanes and Pathway
Requirements", which requires five-foot wide sidewalks to be constructed on both sides of the
local/internal rights-of-way, to allow a 6-foot-wide side sidewalk on one side of the right-of-way.
Palisades RPUD
Last Revised: April 11, 2022
Page 9 of 10
EXHIBIT "F"
DEVELOPMENT COMMITMENTS
Palisades RPUD
1. GENERAL
A. One entity (Yarberry Partners, LLC) 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
Yarberry 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.
B. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does
not in any way create any rights on the part of the applicant to obtain a permit from a state
or federal agency and does not create any liability on the part of the county for issuance
of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations
imposed by a state or federal agency or undertakes actions that result in a violation of
state or federal law.
C. All other applicable state or federal permits must be obtained before commencement of
the development.
2. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 38 two-way PM peak
hour net trips based on the use codes in the ITE Manual on trip generation rates in effect
at the time of application for SDP/SDPA or subdivision plat approval
B. The owner, its successors or assigns, shall contribute its fair share of the future
intersection improvements at Orange Blossom Drive and Airport-Pulling Road within 90
days after written request by the County.
3. ENVIRONMENTAL
A. The subject site contained approximately 0.18 acres of native vegetation, of which 15%
(0.03 acres) is required to be preserved. No native vegetation is provided for on-site. Off-
site mitigation is to be provided through the monetary payment alternative according to
LDC Sec. 3.05.07.
Palisades RPUD
Last Revised:April 11, 2022
Page 10 of 10
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
May 31, 2022
Martha S. Vergara, BMR &VAB Senior Deputy Clerk
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite#401
Naples, Florida 34112
Attention: Ann Jennejohn
Dear Martha Vergara:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-20, which was filed in this office on May 27, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/mas
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270