Ordinance 2022-26 ORDINANCE NO. 2022- 2 6
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA
CREATING A RESIDENTIAL PLANNED UNIT
DEVELOPMENT, BY 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 THE RURAL AGRICULTURAL (A)
ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT
DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS THE CARMAN DRIVE 15
RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM
OF 212 RENTAL DWELLING UNITS OF WHICH 48 UNITS
WILL BE AFFORDABLE HOUSING AND RENT
RESTRICTED ON PROPERTY LOCATED AT 8496
RATTLESNAKE HAMMOCK ROAD, NORTH OF
RATTLESNAKE HAMMOCK ROAD AND WEST OF
CARMAN DRIVE IN SECTION 14, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 15.41± ACRES; AND BY PROVIDING AN
EFFECTIVE DATE. [PL20210000624]
WHEREAS, Alexis Crespo, AICP of RVI Planning + Landscape Architecture, Inc. and
Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., representing Carman
Drive 15, 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 14,
Township 50 South, Range 26 East, Collier County, Florida, is changed from a Rural
Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) Zoning
[21-CPS-02113/1724440/1]160
Carman Dr/PL20210000624 Page 1 of 2
6/2/22
District for the 15.41+/- acre project to be known as the Carman Drive 15 RPUD, to allow
construction of a maximum of 212 rental dwelling units, in accordance with Exhibits A through
F attached hereto 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.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State and on
the date that the Growth Management Plan Amendment in Ordinance No. 2022- becomes
effective.
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this a day of J , 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, CLERK COLLIER CO .• ' DA
( ' 41IP / OA
By: C a DC • By: ...r '
, l a ut Clerk Wi 'am L. McDaniel, Jr., Chairman
Attest asota Cha r t r�i t , p y
11.
signaEttim ly*.. . • ,A
s r.
Approved as to form and legality:
G�( �/i �___�� f
Heidi Aton-Cicko to
Managing Assistant County Attorney
Attachments:
Exhibit A: Permitted Uses
Exhibit B: Development Standards
Exhibit C: Master Plan
Exhibit D: Legal Description
Exhibit E: Requested Deviations from LDC This ordinarsce fihd with the
j�ry of S ,ys .ffica
Exhibit F: Developer Commitments ay of -Z
and acknowfedge:ne f nc:t
filing received this
ay
of , -1 , 20ZZ
[21-CPS-02113/1724440/1)160 By
Carman Dr/PL20210000624 Page 2 of 2 aep
6/2/22
EXHIBIT "A"
LIST OF PERMITTED USES
Carman Drive 15 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 Site Development Plan (SDP) or plat. 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 212 dwelling units 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.
2. Two-family dwelling units.
3. Townhouses.
4. Multi-family dwelling units.
5. Recreational uses and facilities for residents and guests, including but not limited to:
swimming pools, tennis courts, volleyball courts, walking paths, picnic areas,
recreation buildings, and basketball/shuffle board courts.
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 principal 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).
Carman Drive 15 RPUD
Last Revised: May 24, 2022
Page 1 of 9
EXHIBIT "B"
DEVELOPMENT STANDARDS
Carman Drive 15 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 SDP or subdivision plat.
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 internal 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.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
PERMITTED Single-Family Two-Family Townhouse Multi-Family Clubhouse/
USES AND Detached Recreation
STANDARDS Buildings
Min. Lot Area 3,600 SF 2,430 SF 1,620 SF 10,000 SF N/A
Min. Lot Width 40' 27' 18' 100' N/A
Min. Lot Depth 90' 90' 90' 100' N/A
SETBACKS
Front Yard(') 15'(2)(3) 15'(2)(3) 15'm2m 15' 15'
Side Yard(5) 5' 0'/5' 0'/5' 10' 10'
Rear Yard 7.5' 7.5' 7.5' 10'(4) 10'
(Principal)(4&5)
Rear Yard 5' 5' 5' 5' 5'
(Accessory)(4&s)
Min. Distance 10' for 1 & 2-
Between story buildings
Principal
Structures 10' 10' 10' 'A Building 10'
Height for 3-
story buildings
or higher
Maximum
Height(6) 45' 45' 45' 55' 45'
Actual
Zoned 40' 40' 40' 45' 40'
(1) Front setback is measured from building to right-of-way, road easement line or in the
case of multi-family dwelling types the edge of pavement of the drive aisle. Front setback for
multi-family dwelling types shall be a minimum of 10 feet where measured from parking stall.
(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 private
right-of-way or road easement line.
(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
Carman Drive 15 RPUD
Last Revised: May 24, 2022
Page 2 of 9
measured from the right-of-way, and will have no overhang into the utility easement if there are
any buildings adjacent to that secondary front yard setback.
(4) 0' principal and accessory setbacks are permitted from lake maintenance easements
and landscape buffer easements, which will be separate platted tracts or tracts on the PPL/SDP.
(5) There shall be no setback restrictions to the installation of fencing to create private yards
between principal structures.
(6) Buildings in the residential development tract abutting the northern property line are
limited to 35'/2 stories for maximum zoned height and 40' for actual height.
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. Condominium, and/or
homeowners' association boundaries shall not be utilized for determining development standards.
Landscape buffers and lake maintenance easements shall be platted as separate tracts at time
of subdivision plat approval, or labeled as separate tracks 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.
Carman Drive 15 RPUD
Last Revised: May 24, 2022
Page 3 of 9
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EXHIBIT "D"
LEGAL DESCRIPTION
Carman Drive 15 RPUD
Parcel One:
The East '/2 of the North '/2 of the Southeast '/4 of the Southwest 14 of Section 14, Township 50
South, Range 26, Collier County, Florida
Parcel Two:
The South '/2 of the West '/2 of the North '/2 of the Southeast '/4 of the Southwest '/4 of Section 14,
Township 50 South, Range 26 East, Collier County, Florida
Parcels contains 15.41 acres, more or less.
Carman Drive 15 RPUD
Last Revised: May 24, 2022
Page 6 of 9
EXHIBIT "E"
LIST OF REQUESTED DEVIATIONS FROM LDC
Carman Drive 15 RPUD
Deviation 1: Deviation from LDC Section 4.06.02.C.2, which requires a 15-foot-wide Type "B"
buffer between single-family and multi-family dwelling units and amenity centers, to instead
allow for a 7.5-foot-wide Type "B" buffer between internal dwelling units and on-site
recreation/amenity uses. The buffer will contain 3-gallon muhly grass, planted 3-feet off center on
the residential side of the Type "B" plant materials.
Deviation 2: Deviation from LDC Section 5.03.02.C.2, which permits a maximum fence/wall
height of 6 feet in residential zoning districts, to instead allow for a maximum fence/wall/berm
height of 10 feet along Carman Drive.
Carman Drive 15 RPUD
Last Revised: May 24, 2022
Page 7 of 9
EXHIBIT "F"
DEVELOPMENT COMMITMENTS
Carman Drive 15 RPUD
1. GENERAL
A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring
until close-out of the PUD, and this entity shall also be responsible for satisfying all
PUD commitments until close-out of the PUD. At the time of this PUD approval, the
Managing Entity is Carman Drive 15, 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. The RPUD shall demonstrate consistency with affordable housing goals and
objectives of the Housing Element by providing the following:
1. A total of twenty-four (24) units will be rented to households earning up to and
including 80% Area Median Income (AMI), and a total of twenty-four (24) units
will be rented to households earning up to and including 100% AMI. Any time that
a unit becomes vacant, assuming less than 48 units are occupied by households
that qualify for the designated thresholds, the next available unit will be offered to
a qualifying household subject to the specified thresholds.
2. This restriction shall remain in place for thirty (30) years from the date of
issuance of the first Certificate of Occupancy. AMI rent limit adjustments will be
made on an annual basis according to the most recent Collier County approved
Table of Rental Rates. As part of the annual PUD monitoring report the
developer will include an annual report that provides the progress and monitoring
of occupancy of income restricted units.
C. 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.
D. All other applicable state or federal permits must be obtained before commencement
of the development.
E. The developer, its successor or assignee, shall provide to any potential resident a
disclosure statement with respect to the noise that is associated with the Swamp
Buggy Races located at 8250 Collier Boulevard, Naples, Florida within the Florida
Sports Park (within the Hacienda Lakes RPUD) as it relates to the location of this
RPUD. The statement shall disclose that the Florida Sports Park and Swamp Buggy
Carman Drive 15 RPUD
Last Revised: May 24, 2022
Page 8 of 9
operations regularly generate noise which may be heard on the Carman Drive 15
RPUD property, both during the day and into the evening, including but not limited to,
noise from swamp buggy racing, tractor pulls, festivals and music concerts. This
statement must be presented to the tenant as part of the lease contract.
Within 120 days of approval of this PUD, Owner shall record in the public records of
Collier County a notice of proximity to the Florida Sports Park and Swamp Buggy
grounds. This notice shall disclose that the Florida Sports Park and Swamp Buggy
operations regularly generate noise which can be heard on the PUD property, both
during the day and into the evening, including but not limited to noise from swamp
buggy racing, tractor pulls, festivals, and music concerts. The legal description of the
PUD shall be attached to the notice.
F. The first 15 units above the base density of 23 units must be through the acquisition
of TDR credits.
G. All dwelling units within the PUD are limited to rental units.
2. TRANSPORTATION
A. The maximum total daily trip generation for the PUD shall not exceed 209 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.
3. ENVIRONMENTAL
A. The subject site contained approximately 0.96 acres of native vegetation, of which
25% (0.24 acres) is required to be preserved. The native vegetation preservation
requirement will be satisfied off-site in accordance with the Land Development Code
through the preservation of a 25.95± acre Off-Site Mitigation Parcel.
4. UTILITIES
A. At the time of application for subdivision Plans and Plat (PPL) and/or Site
Development Plan (SDP) approval, as the case may be, offsite improvements and/or
upgrades to the wastewater collection/transmission system may be required to
adequately handle the total estimated peak hour flow from the project. Whether or
not such improvements are necessary, and if so, the exact nature of such
improvements and/or upgrades shall be determined during PPL or SDP review. Such
improvement and/or upgrades as may be necessary shall be permitted and installed
at the developer's expense and may be required to be in place prior to issuance of a
certificate of occupancy for any portion or phase of the development that triggers the
need for such improvements and/or upgrades.
Carman Drive 15 RPUD
Last Revised: May 24, 2022
Page 9 of 9
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FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
July 5, 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
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. 2022-26, which was filed in this office on July 5, 2022.
Sincerely,
Anya Owens
Program Administrator
ACO/wlh
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270