Ordinance 2007-71
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ORDINANCE NO. 07-~
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 INCLUDES 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 DESCRffiED REAL
PROPERTY FROM A PLANNED UNIT DEVELOPMENT
(PUD) ZONING DISTRICT TO A RESIDENTIAL PLANNED
UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR
THE PROJECT KNOWN AS THE NAPLES RESERVE GOLF
CLUB RPUD BY ADDING 602 RESIDENTIAL DWELLING
UNITS, FOR A TOTAL OF 1154 RESIDENTIAL UNITS, FOR
PROPERTY LOCATED ONE MILE NORTH OF US 41 AND I
1/2 MILES EAST OF COLLIER BOULEVARD (CR 951), IN
SECTION I, TOWNSHIP 51 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 688+/-
ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 99-42, THE FORMER NAPLES RESERVE GOLF
CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE.
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WHEREAS, the Board of County Commissioners adopted Ordinance No. 99-42
establishing the Naples Reserve Golf Club PUD; and
WHEREAS, by Resolution No. 04-219, the Board of County Commissioners extended
the PUD approval affecting Ordinance No. 99-42 until June 8, 2008; and
WHEREAS, Dwight Nadeau of RW A, Inc., representing Anthony Salce of Gulf Coast
Development Group, LC, 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 I,
Township 51 South, Range 26 East, Collier County, Florida, is changed from a Planned Unit
Development (PUD) Zoning District to a Residential Planned Unit Development (RPUD)
Zoning District for the project known as Naples Reserve Golf Club RPUD in accordance with
the Exhibits attached hereto as Exhibits A through F. 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 I of 2
SECTION TWO:
Ordinance Number 99-42, known as the Naples Reserve Golf Club PUD, adopted on
June 8, 1999, 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 No~e-",..,'o<.,., 2007.
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,"U,W.IGHT:E:iJi0cK, CLERK
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Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLL~RIDA
By: ~
JA S COLETTA, CHAIRMAN
~~' (. on - .f}bA.41 Id=, -~
Marjor' M. Student-Stirling
Assistant County Attorney
Exhibit A - List of Allowable Uses
Exhibit B - Development Standards Table
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviations
Exhibit F - Development Commitments
This ordinance filed with the
~~ary of State's OffiCJW1
~'daya~
and acknowledgem t ~thot
filin I e thiS .., day
of D
Page 2 of2
EXHIBIT A
Table I
PROJECT LAND USE TRACTS
TRACT "RG"
TYPE
RESIDENTIAL
UNITSfFT.
1154
ACREAGE:!:
609,2
TRACT "RA"
RECREATION AREA
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15.2
TRACT "P"
PRESERVE
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63,7
I TRACT RG PERMITTED USES:
No building or structure, or part thereof, shal1 be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1) Single-family detached dwellings;
2) Single-family attached dwel1ings (including townhouses intended for fee
simple conveyance including the platted lot associated with the residence);
3) Villa/patio dwellings (detached single-family dwellings of a smaller scale
than the typical single-family detached dwelling);
4) Multi-family dwellings;
5) Model homes;
6) Golf courses and related facilities;
7) Commercial excavations - surplus fil1 material generated by commercial
excavation depths may be transported off-site only for use in the US-41
improvement project associated with this zoning approval;
8), Project sales, construction and administrative offices, which may occur in
''tesidential, and/or in temporary.
9) Any"bther principal use which is comparable in nature with the foregoing
list o('lJl<fnrltted principal uses, as determined by the Board of Zoning
Appeals ('''BZA'') by the process outlined in the Land Development Code
(LOC).
A-I
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal
uses and structures, including, but not limited to:
I) Customary accessory uses and structures including, but not limited to,
private garages, swimming pools with, or without screened enclosures,
gatehouses, and other outdoor recreation facilities;
2) Pol1ing place if deemed warranted by the Supervisor of Elections.
II TRACT RA 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 Typically Accessory to Residential Development:
1) Structures intended to provide social and recreational space (private,
intended for use by the residents and their guest only),
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive
and/or active water features.
3) 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") by the process outlined in the LDC.
B. Accessory Uses:
Accessory uses and structures customarily associated with the permitted principal uses and
structures, including, but not limited to:
I) Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance,
storage or shelter with appropriate screening and landscaping.
ill DEVELOPMENT STANDARDS
A. GENERAL: Development of The Naples Reserve RPUD shall be in accordance
with the contents of this Ordinance and applicable sections of the Collier County
LDC and Growth Management Plan (GMP) 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 in the LDC shall apply.
A-2
Except as provided for herein, all criteria set forth below shal1 be understood to be
in relation to individual parcel or lot boundary lines, or between structures.
Condominium, and/or homeowners' association boundaries shal1 not be utilized for
determining development standards.
There shall be no more than 1154 residential dwelling units permitted which
provides for a maximum gross density of 1,67 dwelling units pre acre, A minimum
of 612 Transfer of Development Rights Credits shall be obtained to achieve the
maximum gross density.
B. Table I below sets forth the development standards for land uses within the
Residential PUD Residential Subdistrict. Standards not specifical1y set forth herein
shal1 be those specified in applicable sections of the LDC in effect as of the date of
approval of the SOP or Subdivision plat.
IV SIGNS
For the purposes of this RPUD, the LDC provisions from Section 5,06.02,A,6, are
applicable for off-premise signage.
A-3
EXHIBIT B
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
, D~OPMENT STANP4Rps:'. :Srt(lJl_ "A"'ILY
, , , . DET:t:l;I'iED
SINGLE F~ILY
ATrAqtED ,..
TOWNHOUSE;
PATIO HOME
& VILLAS
NlUL1:!;' .
FAMIL'(
j ,CLUBHOUSEI
f RECREATIoN
. 'BUILDINGS
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MINIMUM LOT AREA 2,250 S,F, PER 2,250 S.F. PER 2,250 S.F. PER 2,250 S.F, PER 10,000 S.F.
UNIT UNIT UNIT UNIT
MAXIMUM LOT AREA 1 Acre N/A N/A N/A N/A
MINIMUM LOT WIDTH 40 FEET 25 FEET 25 FEET 25 FEET N/A
MINIMUM FLOOR AREA 1,000 S,F 1,000 S.F 1,000 S,F 1,000 S.F.fD.U. N/A
MIN FRONT YARD 20 FEET 20 FEET 20 FEET 20 FEET N/A
MJN SIDE YARD 6 FEET o FEET or 3 FEET or GREATER OF 10 N/A
6 FEET 9 FEET FEET OR 'h BH
MIN REAR YARD 15 FEET 15 FEET 1 5 FEET 15 FEET N/A
MIN PRESERVE SETBACK 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
MIN. DISTANCE BETWEEN 1 2 FEET 1 2 FEET 1 2 FEET GREATER OF 20 N/A
STRUCTURES FEET OR 'h THE
SUM OF BH
MAX, BUILDING HEIGHT NOT 35 FEET 40 FEET 35 FEET 65 FEET 50 FEET
TO EXCEED (ACTUAL)
ACCE$$Ol!:y's'tWU(;'!\IlIEs"
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FRONT S.P.S, S,P.S. S.P.S. S,P.S. 20 FEET
SIDE S,P,S. S.P.S. S.P.S. S.P.S. 'h BH
5 FEET 5 FEET 5 FEET 5 FEET 1 0 FEET
20 FEET 20 FEET 20 FEET 20 FEET 20 FEET
1 0 FEET 1 0 FEET 1 0 FEET 1 0 FEET 1 0 FEET
MINIMUM DISTANCE 1 2 FEET 1 2 FEET 1 2 FEET 1 2 FEET Greater of 15
BETWEEN STRUCTURES feet or 1f2 BH
MAX. BUILDING HEIGHT NOT 35 FEET 35 FEET 35 FEET 35 FEET 40 FEET
TO EXCEED
S.P .5. = Same as Principal Structures
BH = Building Height - unless otherwise noted, all building heights shall be "zoned" building heights, as defined in the LOe.
B-1
Notes:
I) No structures are permitted in the required 20-foot lake maintenance easement No setback is required
for structures adjacent to a lake maintenance easement.
2) Side yards - No side yard shall be required between units when more than one residential unit is in a
single structure (Le.: attached single,family and townhomes). Varying side yards are provided to allow
side entry garages and to maintain the required separation between buildings.
3) The LDC standards for cluster residential design, as set forth in the Rural Fringe Mixed Use District,
shall apply to residential land uses within this RPUD,
4) Terraced setbacks are permitted for either two or three story nrulti-family structures. Setbacks shall be
measured from that ground floor exterior wall of lesser height as long as a minimwn 15 foot building
wall setback is provided as depicted in Figure I below.
5) Entrance features (Le.: monwnentation, clock towers and colonnades) shall be limited in height to no
greater than 50 feet which may be located at the project entrance.
6) For all residential units, garages shall be located a minimwn of 23 feet from the back of the sidewalk
closest to the garage, except for side load garages, wherein a parking area 23 feet in depth must be
provided pe1]lendicular to the sidewalk to avoid vehicles being parked across a portion, or all of the
referenced sid~wa1k.
PROPERTY
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B-2
EXHIBIT C
MASTER PLAN
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EXHIBIT D
Legal Description
All of Section 1, Township 51 South, Range 26 East, Col1ier County, Florida
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
Deviation #1 seeks relief from LDC Section 6.06.01.(0), for "cul-de-sac and local streets, and LDC
Appendix B, Typical Street Section, B-2 and B-3, and Section III, Exhibit "A", Design Requirements for
Subdivisions C.13.e. of the Administrative Code for Collier County Construction Standards Manual
adopted through Ordinance No. 2004-66 that requires 60 feet, to allow 50 feet. A 50-foot right-of-way is
pennitted in tltis RPUD to provide for flexibility in development design, subject to providing easements
for required utilities generally parallel to the right-of-way. This is a reasonable deviation that has been
implemented in subdivisions throughout the County, and does not compromise health, safety, and welfare
issues related to civil engineering design.
AI1 platted project streets shall have a minimum 50-foot right-of-way. Deviation 1 from Sub-section
6,06.01(0) of the LDC, for cul-de-sac and local streets, and LDC Appendix B-2 and B-3 for cul-de-sac
and local streets respectively, and Section III, Exhibit "A", Design Requirements for Subdivisions C.13,e,
of the Administrative Code for Collier County Construction Standards Manual adopted through
Ordinance No. 2004-66 which requires 60 feet to allow 50 feet. (See Exhibit C, RPUD Master Plan),
These streets shall be private, and shall be classified as local streets.
Deviation #2 seeks relief from Section III, Exhibit "A", Design Requirements of Subdivisions C.13.j. of
the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance
Number 2004-66, that requires tangents to be provided between reverse curves on all streets. This RPUD
will not require tangents between reverse curves in order to provide greater subdivision design flexibility.
AI1 internal roads within the RPUD will be private, and have low posted speed limits, and will have a
curvilinear design that has been shown to act as traffic calming measures by reducing local traffic speeds.
Additionally, the flat terrain found on site does not warrant the need for tangents. This is a reasonable
deviation that has been applied throughout the County, and does not comprise a risk to public health,
safety and welfare,
Tangents between reverse curves are not required for any local street design in this RPUD, Deviation 2
from Section III, Exhibit "A", Design Requirements for Subdivisions C.13.j. of the Administrative Code
for Collier County Construction Standards Manual adopted through Ordinance No. 2004-66.
Deviation #3 seeks relief from LDC Section 5.04,04.B.5.c" that functionally limits the number of model
homes to allow one model home for each variant of the residential product proposed in the project. In an
effort to provide a variety of residence styles and floor plans within the development, it is essential not to
arbitrarily limit the opportunity of a home buyer to see the creativity of the architecture proposed in a
development. To do so could result in monotonous tract housing reminiscent of the "new town"
movement after the end of the World War II. This deviation is appropriate, and does not negatively affect
the health and safety, nor welfare of the future residents of the development.
The Naples Reserve RPUD may have one model home representing each type of residential product. The
number of model homes may exceed five, but shall not exceed a total of ten. Deviation 3 from LDC
Section 5.04,04.B.5,c. that limits the total number of model homes in a single development to five.
E-1
Deviation #4 seeks relief from Section 1Il, Exhibit "An, Design Requirements of Subdivisions C.13.f. of
the Administrative Code for Collier County Construction Standards Manual adopted through Ordinance
Number 2004-66, limits cul-de-sac lengths to 1000 feet or less. This RPUD may have cul-de-sacs with
lengths greater than 1000 feet. The RPUD lands are relatively without topographic relief, so greater sight
distances would al10w longer dead-end streets without jeopardizing the safety of the future residents,
Further, the turning radii of the terminal cul-de-sacs will meet or exceed applicable County and National
Fire Protection Association requirements.
Cul-de-sac lengths in the Naples Reserve RPUD may exceed 1000 feet.
E-2
EXHIBIT F
LIST OF DEVELOPER COMMITMENTS
TRANSPORTATION
The development of this RPUD shall be subject to and governed by the following conditions:
A. All traffic control devices, signs, pavement marking, and design criteria shall be in accordance
with the 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.
B. Access Points 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 boundary. 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
PUD amendment is approved.
C. Site-related improvements (as opposed to system-related improvements) necessary for safe
ingress and egress to this project, as determined by Collier County, shall not be eligible for
impact fee credits, All required improvements shall be in place and available to the public prior
to commencement of on-site construction.
D. Nothing in any development order (DO) 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, Collier County
reserves the right to close any median opening existing at any time which is found to be adverse
to the health, safety, and welfare of the public. Any such modifications shall be based on, but
not limited to, safety, operational circulation, and roadway capacity.
E. If any required turn lane improvement requires the use of existing County rights-of-way or
easement(s), then compensating right-of-way shal1 be provided at no cost to Collier County as a
consequence of such improvement(s) upon final approval of the turn lane design during the first
subsequent development order (i.e.: site development plan/subdivision plat). The typical cross-
section may not differ from the existing roadway unless approved, in writing, by the
Transportation Division Administrator, or his designee.
F, If, in the sole opinion of Collier County, traffic signa1(s), other traffic control device, sign,
pavement marking improvement within a public right-of-way or easement, or site-related
improvements (as opposed to system related improvements) necessary for safe ingress and egress
to this project, as determined by Collier County, is determined to be necessary, the cost of such
improvement shall be the responsibility of the developer, its successors or assigns, The
improvements shall be paid for or instal1ed, at the County's discretion, prior to the issuance of the
first CO,
F-1
G. The RPUD Master Plan reflects a 100' wide reservation for dedication along the western
boundary of the RPUD. Should the County find that it is appropriate to improve that corridor,
the Developer, its successor, or assigns shall agree to be a part of a joint permit application with
Collier County for the specific purpose of modifYing the existing conservation easement. All
costs associated with the potential conservation easement modification, including any required
mitigation shall be the responsibility of the County. The 100' reservation shall be dedicated to
the County at no cost, and in fee simple title within 180 days of the County's request. The
developer shall provide a storm water management system within the RPUD boundary for
treatment/retention of storm water from the 100 foot reservation area,
UTILITIES AND ENGINEERING
The development of this RPUD Master Development Plan shall be subject to and governed by the
following conditions:
A. The developer shall reserve four areas to be dedicated to Collier County Water & Sewer District
for raw water well easements with dimensions 100-foot by 100-foot each, and utility/access
easements that shall be 20 feet wide unless the well site is contiguous to a public right of way,
The approximate locations of these proposed easements are depicted on the RPUD Master Plan.
The dedication shall occur at the time of site development plan, or fmal plat approval for the area
within the development phase that contains the respective well sites.
At the time of the SDP and/or plat submittal, the developer shall provide the well site easements
that meet the standard setback requirements for water wells. If the surface water management
lakes for the subdivision are installed prior to the installation of production wells for the
SERWTP Wellfie1d, anticipated for 2012, a setback of 50 feet shall be required. If the surface
water management lakes are instal1ed after the production wells a 300-foot setback shall be
required,
The County has further requested a test well at one of the proposed well sites. The County agrees
that the desired test wel1 will not be converted into a production well until the water management
lake proposed near the test well is constructed in accordance with the 50 foot setback
standard. No additional production wells will be installed until the proj ect' s water management
lakes have been constructed or the year 2012, whichever is earlier,
ENVIRONMENTAL
The development of this RPUD Master Development Plan shal1 be subject to and govemed by the
following conditions:
A. The Naples Reserve RPUD shal1 preserve 63.7 acres of vegetated areas consistent with the Land
Use Summary on the RPUD Master Plan.
F-2
PLANNING
A. One TDR credit shall be required for every five (5) gross acres ofRFMUD land area utilized as
part of the golf course, including the clubhouse area, rough, fairways, greens, and lakes, but
excluding any area dedicated as conservation that is non-irrigated and retained in a natural state.
B. In order to increase residential density above the base density allowed in the Urban-Mixed Use
District, Residential Fringe Subdistrict and the Agricultural/Rura1- Rural Fringe Mixed Use
District, Receiving Lands, 612 TDR Credits shal1 be severed from qualifying Sending Lands, of
which a minimum of 311 TDR Credits shall be severed from Sending Lands within one mile of
the Urban Area,
C. Collier County and the Developer of the Naples Reserve RPUD have cooperated to address
affordable housing impacts associated with the Naples Reserve RPUD. The following financial
contribution shall be paid by the developer, or its successors and assigns, to the Collier County
Affordable Housing Trust Fund,
One thousand dollars ($1,000) per residential dwelling unit constructed within the project shall
be paid to Collier County within 7 days of the closing on each residential dwelling tmit The
amount set forth herein shal1 be reduced by any amounts paid by the developer on behalf of
Habitat for Humanity's pursuant to the Developer Contribution Agreement US 41 Developers
Consortium (DCA) to fund the shortfal1 after Habitat for Humanity's road impact fees are
applied pursuant to the DCA.
The payment of the sums set forth in this Section shall reflect a credit to the project's obligations
to pay any fees that may be adopted in the future by the County relating to the provision of
affordable or workforce housing.
WATER MANAGEMENT
A. Constructed drainage facilities and structures shall be located outside the boundaries of
conservation easements/preserves.
B. The project's stormwater management system shall be designed to fully contain the 100-year/72-
hour design storm event with a regulated discharge rate not to exceed 0.10 cfs/acre and no
increase in total volume of discharge.
C. All elevations shall be based on the North American Vertical Datum (NA VD),
PARKS AND RECREATION
The County and the developer will use their best efforts to determine with the US Army Corps of
Engineers the correct acreage for mitigation set forth in Permit Number 199900619(IP-SB) so as to be
able to remove the approximate 20 acres not needed for the mitigation area from this permit The
referenced Corps permit will not be modified to exclude the surplus off-site mitigation acreage. This
area shall be conveyed to Collier County in fee simple for a County park. This conveyance shall be made
to the County upon satisfactory resolution of the Corps off-site mitigation acreage issue,
F-3
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 2007-71
Which was adopted by the Board of County commissioners
on the 13th day of November, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of November, 2007,
DWIGHT E. BROCK
Clerk of Courts and Cl~ik
Ex-officio to Board of
County Commissioners
~~I'O'C'
By: Ann Jennejohn,
Deputy Clerk