Ordinance 2022-40 ORDINANCE NO. 2022 -4 0
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 THE
RURAL AGRICULTURAL (A) ZONING DISTRICT AND PLANNED
UNIT DEVELOPMENT (PUD) ZONING DISTRICT KNOWN AS
WATERFORD ESTATES PUD TO A RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE
PROJECT TO BE KNOWN AS SANTA BARBARA - WHITAKER
RPUD, TO ALLOW CONSTRUCTION OF UP TO 216 MULTI-
FAMILY DWELLING UNITS WITH AN AFFORDABLE HOUSING
AGREEMENT ON PROPERTY LOCATED AT THE NORTHEAST
AND SOUTHEAST CORNERS OF THE INTERSECTION OF
SANTA BARBARA BOULEVARD AND WHITAKER ROAD, IN
SECTIONS 9 AND 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST,
CONSISTING OF 21.57± ACRES; PROVIDING FOR REPEAL OF
ORDINANCE NUMBER 91-31, THE WATERFORD ESTATES
PLANNED UNIT DEVELOPMENT; AND BY PROVIDING AN
EFFECTIVE DATE. [PL202100031551
WHEREAS, Robert J. Mulhere, FAICP of Hole Montes, Inc. and Richard D.
Yovanovich, Esq. of Coleman, Yovanovich & Koester, PA, representing Greystar Development
East, 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 Sections 9 and
16, Township 50 South, Range 26 East, Collier County, Florida, is changed from Rural
Agricultural (A) Zoning District and Planned Unit Development (PUD) Zoning District known
as Waterford Estates PUD to a Residential Planned Unit Development (RPUD) for a 21.57± acre
[22-CPS-02190/1745094/1]128
Santa Barbara-Whitaker/PL20210003155 Page I of 2
9/19/22
project to be known as Santa Barbara— Whitaker RPUD, to allow construction of a maximum of
216 multi-family 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:
Ordinance Number 91-31 which created the Waterford Estates Planned Unit
Development 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 a 514' day of 0 CA)la a' 2022.
ATTEST: :. BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL;CLERK COLLIER r CO ' _ •RIDA
s ,
By: By:
Attest a:,it, �ilu,futa ; Deputy Clerk W. iam L. McDaniel, Jr., Chairman
Slg{l ll($Qt TVs ordinance flied wit the
Approved as to form and legality: Sectary of Stol�ee's jOffl
.day of OGr" 7
and acknowledgement of that
�� fi[ins t cuived this 1_1 day jJ/1
of
Heidi F. Ashton-Cicko By
Managing Assistant County Attorney °i""'ft."`
Attachments:
Exhibit A - List of Permitted Uses
Exhibit B - Development and Design Standards
Exhibit C - Master Concept Plan
Exhibit D - Legal Description
Exhibit E - Deviations
Exhibit F - Development Commitments
[22-CPS-02190/1745094/11128
Santa Barbara-Whitaker/PL20210003155 Page 2 of 2
9/19/22
EXHIBIT A
SANTA BARBARA- WHITAKER RPUD
PERMITTED USES
1. MAXIMUM DWELLING UNITS
A. The maximum number of dwelling units shall be two hundred sixteen (216).
2. RESIDENTIAL/TRACT R
No building or structure, or part thereof, shall be erected, altered or used, in whole or in
part, for other than the following:
A. Principal Uses:
1. Multi-family dwelling units; and
2. Any other principal use, which is comparable in nature with the
foregoing list of permitted principal uses, as determined by the Board
of Zoning Appeals (BZA) or the Hearing Examiner (HEX), as
applicable, by the process outlined in the Land Development Code
(LDC).
B. Accessory Uses:
l. Accessory uses and structures customarily associated with principal
residential uses permitted in this RPUD, including recreational
facilities, such as a clubhouse, gazebos, and swimming pools; and
2. Temporary construction and administrative offices for the developer
and developer's authorized contractors and consultants, including
necessary access ways, parking areas, and related uses, subject to the
procedures for a temporary use permit provided in LDC Section
5.04.01.
3. PRESERVE/TRACT P
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:
1. Preservation of native habitat.
B. Accessory Uses:
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l. Passive recreational uses;
2. Stormwater management structures and facilities;
3. Pervious and impervious pathways and boardwalks, consistent with
the LDC;
4. Benches for seating; and
5. Conservation-related and recreational activities as allowed by the
LDC.
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EXHIBIT B
SANTA BARBARA-WHITAKER RPUD
The table below sets forth the development standards for land uses within the Santa Barbara -
Whitaker 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 Site Development Plan or Subdivision
Plat.
PERIMTER RPUD SETBACK: The perimeter RPUD setback shall be, at a minimum, equal to
the required width of perimeter landscape buffers, but no less than 10 feet.
DEVELOPMENT STANDARDS TABLE
DEVELOPMENT STANDARDS MULTI-FAMILY CLUBHOUSE/
DWELLINGS RECREATION
(Tract R) BUILDINGS
Principal Structures
MIN. LOT AREA 43,560 S.F. N/A
MIN. LOT WIDTH 150 ft. N/A
MIN. FLOOR AREA 600 S.F. N/A
MIN. FRONT YARD—SUNSET 85 ft. 85 ft.
BLVD.
MIN. FRONT YARD— 85 ft. 85 ft.
WHITAKER ROAD
MIN. FRONT YARD—SANTA 25 ft.1 25 ft.'
BARBARA BLVD.
MIN. SIDE YARD 10 ft. 10 ft.
MIN. REAR YARD 10 ft. 10 ft.
MIN. LAKE SETBACK2 0 ft. 0 ft.
MIN. PRESERVE SETBACK 25 ft. 25 ft.
MIN. DISTANCE BETWEEN GREATER OF 15 ft. or GREATER OF 15 ft. or
STRUCTURES '/2 BH '/2 BH
MAX. HEIGHT ZONED 3 STORIES NTE 45 ft. 30 ft.
MAX. HEIGHT ACTUAL 52 ft. 35 ft.
Accessory Structures
MIN. FRONT YARD—SUNSET 20 ft. 20 ft.
BLVD.
MIN. FRONT YARD— 10 ft. 10 ft.
WHITAKER ROAD
MIN. FRONT YARD—SANTA SPS SPS
BARBARA BLVD.
MIN. SIDE YARD SPS SPS
MIN. REAR YARD 5 ft. 5 ft.
MIN. LAKE SETBACK' SPS SPS
MIN. PRESERVE SETBACK 10 ft. 10 ft.
MAX. HEIGHT ZONED/ACTUAL 25 ft. 25 ft.
SPS=same as principal structures;NTE=not to exceed;S.F.=square feet;BH=building height;N/A=not applicable
' The 25 ft. setback may be reduced to 20 ft. in the location depicted in the PUD Master Plan.
2 Measured to the lake maintenance easement.
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EXHIBIT D
SANTA BARBARA- WHITAKER RPUD
LEGAL DESCRIPTION
PARCEL 1:
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, LESS AND EXCEPT PARCEL 118, AS DESCRIBED IN ORDER OF
TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969, PUBLIC RECORDS OF COLLIER
COUNTY, FLORIDA.
PARCEL 2:
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND THE EAST THIRTY (30) FEET
THEREOF RESERVED FOR ROAD RIGHT-OF-WAY.
PARCEL 3:
THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, LESS THE SOUTH THIRTY (30) FEET AND LESS PARCEL 116, AS
DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342, PAGE 3969,
PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE
NORTHWEST 1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, LESS THE NORTH THIRTY (30) FEET THEREOF AND LESS
PARCEL 114, AS DESCRIBED IN ORDER OF TAKING RECORDED IN O.R. BOOK 4342,
PAGE 3969, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL 4:
THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST
1/4 OF SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, LESS THE NORTH THIRTY (30) FEET AND THE EAST THIRTY (30) FEET
THEREOF RESERVED FOR ROAD RIGHT-OF-WAY.
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EXHIBIT E
SANTA BARBARA- WHITAKER RPUD
LIST OF DEVIATIONS
Deviation 1 (Preservation Standards) requests relief from LDC Section 3.05.07.A.5, Preservation
Standards, which requires that preservation areas shall be interconnected within the site, to allow
preservation areas that are not interconnected as shown on the Master Concept Plan.
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EXHIBIT F
SANTA BARBARA- WHITAKER RPUD
LIST OF DEVELOPER COMMITMENTS
The purpose of this section is to set forth the development commitments for the development of
this project.
1. GENERAL
A. One entity(hereinafter the Managing Entity)shall be responsible for RPUD monitoring
until close-out of the RPUD, and this entity shall also be responsible for satisfying all
RPUD commitments until close-out of the RPUD. At the time of this RPUD approval,
the Managing Entity is Greystar Development East, 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, 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 the County that includes an
acknowledgement of the commitments required by the RPUD by the new owner and
the new owner's agreement to comply with the Commitments through the Managing
Entity, but the Managing Entity will not be relieved of its responsibility under this
Section. When the RPUD is closed out, then the Managing Entity is no longer
responsible for the monitoring and fulfillment of RPUD commitments.
B. 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 of 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. (Section
125.022, FS)
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 RPUD shall not exceed 113 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 Santa Barbara - Whitaker RPUD Master Plan provides ±15.94 acres of existing
native vegetation. The minimum required native preservation is ±3.99 acres (25% of
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±15.94 acres of existing native vegetation). The Master Plan preserves 7.03 acres of
native vegetation on site within Tract P.
B. Preserves may be used to satisfy the landscape buffer requirements after exotic
vegetation removal in accordance with LDC Sections 4.06.02 and 4.06.05.E.1.
Supplemental plantings with native plant materials shall be in accordance with LDC
Section 3.05.07. In order to meet the requirements of a Type `D' buffer along the
western boundary and a Type 'A' buffer along the northern and southern boundaries of
the RPUD; a 6-foot-wide landscape buffer reservation located outside of the preserve
will be conveyed by owner to a homeowner's association or condominium association
at time of SDP or plat approval. In the event that the preserve does not meet buffer
requirements after removal of exotics and supplemental planting within the preserve,
plantings will be provided in the 6' wide reservation to meet the buffer requirements.
The type, size, and number of such plantings, if necessary, will be determined at time
of initial SDP or plat and included on the landscape plans for the SDP or plat.
C. A listed species management plan will be provided for the project at the time of
development approval. The management plan will address how listed species will be
protected, including the listed plant species observed within the development footprint
and proposed preserve areas. The plan will also address black bear(Ursus Americanus
Floridanus) management and will include the informational brochure created by the
Florida Fish and Wildlife Conservation Commission (FWCC) and title "A Guide to
Living in Bear Country"which provides background information on the identification,
habits, and protection of the Florida black bear and will be distributed to future
residents and construction/maintenance personnel. The brochure educates the public
about the Florida black bear and how to discourage bears around homes. The brochure
also provides FWCC contact information for residents who may experience bear
problems. The project will utilize bear-proof dumpsters.
4. AFFORDABLE HOUSING
A. As documented in the Affordable Housing Density Bonus Agreement, the developers
have agreed to construct 43 rental units for residents in or below the low income
category(80 percent or less of County median income). These units will be committed
for a period of 30 years from the date of issuance of certificate of occupancy of the first
unit. Income and rent limits may be adjusted annually based on combined income and
rent limit table published by the Florida Housing Finance Corporation or as otherwise
provided by Collier County.
B. As part of the annual PUD monitoring report, the developer will include an annual
report that provides the progress and monitoring of occupancy of the income restricted
units, including rent data for rented units, in a format approved by Collier County
Community and Human Services Division. Developer agrees to annual on-site
monitoring by the County.
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5. UTILITIES
A. In accordance with Subsection 2.2.2 of the Design Criteria (Section 1 of the Utilities
Standards Manual)established by Ordinance 04-31,as amended,the Owner will extend
an 8" (min.) water main along the south side of Whitaker Road, between Sunset
Boulevard and Santa Barbara Boulevard. Where an existing water main is not available
for connection, a stub-out will be provided in accordance with the latest version of
standard detail drawing W-1 in the Collier County Water-Sewer District Utilities
Standards Manual. The water main will be conveyed in accordance with the Collier
County Utilities Standards and Procedures Ordinance (04-31, as amended) at no cost
to the County or District prior to or concurrent with final acceptance of utilities.
6. EMERGENCY MANAGEMENT
A. The developer shall provide, prior to issuance of a certificate of occupancy for the
development, a new, quiet-running extended run-time towable 45kw (minimum-kw)
generator per Emergency Management's specifications. The towable generation will
be a one-time developer contribution based on the number of units permitted at time of
SDP to meet the hurricane mitigation impact for evacuation concerns. The generator
specifications must be pre-approved by the Department of Emergency Management as
the County has certain interoperable standards and required safety options.
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.,4100
FLORIDA DEPARTMENT Of STATE
RON DESANTIS CORD BYRD
Governor Secretary of State
October 28, 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 the Collier County Ordinance No. 2022-040, which was filed in this office on October
28, 2022.
If you have any questions or need further assistance, please contact me at (850) 245-6271 or
Anya.Owens@DOS.MyFlorida.com.
Sincerely,
Anya C. Owens
Program Administrator
Florida Administrative Code and Register
ACO/rra
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270