Ordinance 2007-73
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ORDINANCE NO. 07-~
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NUMBER
2004-4], 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 AN "A" AGRICULTURE
ZONING DISTRICT TO A RESIDENTIAL
PLANNED UNIT DEVELOPMENT (RPUD)
ZONING DISTRICT TO BE KNOWN AS THE
DELLA ROSA RPUD. THE PROPERTY IS
LOCATED EAST OF LIVINGSTON ROAD
(CR 88]), APROXlMATELY TWO MILES NORTH
OF lMMOKALEE ROAD (CR 846), IN SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF
]5.38+/- ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Tim Hancock, AICP, of Davidson Engineering, Inc., representing
Page VI, 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 13,
Township 48 South, Range 25 East, Collier County, Florida, is changed from an "A"
Agriculture Zoning District to a Residential Planned Unit Development (RPUD) Zoning
District to be known as the Della Rosa RPUD in accordance with the RPUD Document
attached hereto as Exhibit "A," which is incorporated herein and by reference made part
hereof. 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
accordingl y.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
Page] of2
PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this 13
day of \.1o~~,,^ber,2007.
ATTE,S'J;':
P-WIGHTE.-BROCK, CLERK
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Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By ~~~
JA~ COLETTA, CHA MAN
-~
Marjo 1 M. Student-Stirling
Assistant County Attorney
This ordinance filed with the
,~t~~~ :iNDI~t1l\m
and ocknc"wi(:;dCF~m(. .. ~hot
flii rece. ed t . day
of
Page 2 of 2
DELLA ROSA
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
Page VI, LLC
333 East Ohio Street Suite 200
Indianapolis IN 46204
PREPARED BY:
Davidson Engineering, inc.
2154 Trade Center Way; Suite 3
Naples FL 34109
and
Goodlette, Coleman and Johnson, PA
4001 Tamiami Trail North, Suite 300
Naples, FL 34103
Exhibit A
DATE REVIEWD BY CCPC 10-4-07
DATE APPROVED BY BCC 11-13-07
ORDINANCE NUMBER 2007-73
AMENDMENTS AND REPEAL
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE 3
SECTION I: PROPERTY OWNERSHIP & DESCRIPTION 4
SECTION II: PROJECT DEVELOPMENT REQUIREMENTS 5
SECTION III: RESIDENTIAL DEVELOPMENT REGULATIONS 6
TABLE I: DEVELOPMENT STANDARDS 8
SECTION IV: PRESERVE AREA 9
SECTION V: DEVELOPMENT COMMITMENTS 10
EXHIBIT "A": PUD MASTER PLAN 13
EXHIBIT "B": LEGAL DESCRIPTION OF 5 ACRE PRESERVES 14
Page 2 of 12
STATEMENT OF COMPLIANCE
The development of approximately 15.38 acres of property in Collier County, as a
Residential Planned Unit Development (RPUD) to be known as the Della Rosa RPUD will
be in compliance with the planning goals and objectives of Collier County as set forth
in the Collier County Growth Management Plan (GMP). The community facilities of the
Della Rosa RPUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following
reasons:
1. The project is located within the Urban Mixed Use District Urban Residential
Subdistrict on the Future Land Use Map. The Urban designation allows for a
variety of residential and non-residential land uses.
2. The Urban Residential District allows for a base residential density of 4 units per
gross acre. Additionally, the residential infill provision contained within the Future
Land Use Element allows for a maximum of 3 additional residential dwelling units
per gross acre subject to additional requirements including the requirement to
acquire TDR credits for the first of the three bonus units per acre. The Della Rosa
RPUD meets those requirements and is requesting a density of up to 7 units per
acre consistent with FLUE Poiicy 5.1, for a maximum of 107 residential dwelling
units.
3. Regulations for development of the Della Rosa RPUD shall be In accordance
with the contents of this RPUD Ordinance and applicable sections of the GMP
and the Land Development Code (LDC), as amended, which are in effect at
the time of issuance of any applicable development order. Where this RPUD
Ordinance does not provide development standards, then the provisions of the
most similar district within the LDC, as amended, shall apply. Where there Is a
conflict between this RPUD Ordinance and the LDC, as amended, the terms of
this RPUD Ordinance shall prevail.
Page 3 of 12
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Della Rosa RPUD.
1.2 LEGAL DESCRIPTION
The subject property being :t15.38 acres, is located in Section 13, Township 48
South, Range 25 East and is fully described as:
The West Y2 of the Southwest Y4 of the Northwest % of the Northeast % of Section
13, Township 48 South, Range 25 East Collier County Florida.
And
The Northeast % of the Southwest Y4 of the Northwest Y4 of the Northeast Y4 of
Section 13, Township 48 South Range 25 East Collier County, Florida.
And
The Northwest % of the Southeast Y4 of the Northwest Y4 of the Northeast Y4 of
Section 13 Township 48 South Range 25 East Collier County, Florida.
And
The Southeast Y4 of the Southwest % of the Northwest % of the Northeast Y4 of
Section 13, Township 48 South Range 25 East Collier County, Florida.
And
The Southwest Y4 of the Southeast % of the Northwest % of the Northeast % of
Section 13, Township 48 South Range 25 East Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Page VI, LLC.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located immediately East of Livingston Road,
approximately 1.75 miles North of Immokalee Road.
B. The subject property is zoned Rural Agricultural. It is proposed to be rezoned
to Residential PUD (RPUD) for residential development.
Page 4 of 12
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. GENERAL DESCRIPTION OF THE PROJECT AND PROPOSED LAND USES
A. The Della Rosa RPUD is a multi-family residential development. The project
will consist of residential units and associated amenities.
B. The RPUD Master Pian is illustrated graphically on Exhibit A. A Land Use
Summary indicating approximate land use acreage is shown on the Plan.
The final location, size, and configuration of the buildings shall be
determined at the time of site development plan (SDP) approval and
building permit application in accordance with the LDC, as amended.
2.2. USE OF RIGHT-Of-WAY
The developer may place landscaping, signage, lighting, water management
facilities, berms, decorative walls and fences, utilities or decorative entry
features within private rights-of-way within the Della Rosa RPUD, subject to
permitting agency approval.
2.3. MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
A. Models and model sales centers shall be permitted principal uses throughout
the Della Rosa RPUD.
B. Temporary use permits for saies centers and model homes may be approved
subsequent to zoning approval. Temporary use permit applications, and
associated SDP application(s) for residential models, may be submitted
concurrently with applications for final subdivision plat (FSP) or SPDs,
whichever shall apply, to depict the location of the model units within the
project.
C. The sales center may be serviced by temporary well and septic systems.
These uses may use temporary septic tanks or holding tanks for waste
disposal subject to permit requirements and may use potable water or
irrigation wells.
2.4. ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the
construction of the principal structure. A construction operation/management
office and sales office may be constructed after zoning approval but before
construction of any other permitted structures.
Page 5 of 12
SECTION III
TRACT R
MULTI-FAMILY RESIDENTIAL DEVELOPMENT REGULATIONS
3.1. MAXIMUM DWELLING UNITS
Approval of this RPUD authorizes a base density of 4 units per acre for a total of
62 units. Based on the residential infill provision of the GMP, upon proof of
purchase of 15 TOR's the subject property will qualify for 45 additional dwelling
units.
3.2. TDR REDEMPTION PROCEDURES
At the time of SDP application, documentation must be provided that the
developer has acquired all TDR credits needed for the portion of the
development that is the subject of the SDP. The applicant will co-ordinate with
the Comprehensive Planning Department and submit an application to redeem
the necessary number of TDRs required for the project. Project review will remain
in reject status until such time that the required TDRs have been redeemed. At
the time of SDP application, the applicant must provide the necessary individual
TDR tracking numbers for each TDR credit required by the SDP as a separate
exhibit to the application titled TOR Credit Verification Sheet.
3.3. 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. Permitted Uses:
Multi-family dwelling units including but not limited to condominiums, two-family
attached, apartments and coach homes.
B. Accessory Uses:
1. Customary accessory uses and structures, including clubhouses, private
garages, tennis facilities, and swimming pools with, or without screened
enclosures, and other outdoor recreation facilities.
2. Project sales and administrative offices, which may occur in a
residential building and/or in a temporary building until such time as
permanent structures are available.
3. Model dwellings during the period of project development and sales.
Page 6 of 12
4. Any other use which is comparable in nature with the foregoing list of
permitted accessory uses, as determined by the Board of Zoning
Appeals (BZA).
3.4. DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R"
Residential District.
B. General
1. All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided.
Page 7 of 12
DEVELOPMENT STANDARDS
"R" Residential Areas
Table I
Minimum Lot Area:
Minimum Lot Width:
Minimum Building Setbacks:
. Front Yard 20 feetl
. Side Yard Y2 BH3
. Rear Yard 20 feet
. Preserve Boundary 25 feet
Minimum Floor Area: 1,000 s.f.
Maximum Zoned Building Height3: 50 feet
Maximum Actual Building Height: 69 feet4
Multifamily
10,000 square feet (s.f.)
70 feet
Accessory
NA
NA
SPS2
5 feet
10 feet
10 feet
NA
25 feet
1 A minimum distance of 23 feet shall be maintained from the back of sidewalk to any area including driveways
intended for the parking of vehicles to reduce the potential of conflict. For buildings utilizing under building parking,
this requirement shall not apply. This shall not apply to on-street parking.
250me as Principal Structure
3BH = Zoned Building Height measured per the LOC.
4Measured from the average elevation of the centerline of the adjacent roadway and includes the area below
the minimum floor elevations that have been established by law or permit above the flood zone to the highest
structure without exclusions.
Note: Buildings and accessory structures shall not encroach into a required landscape buffer area.
Page 8 of 12
SECTION IV
PRESERVE AREA
4.1. PERMITTED USES
The PUD Master Plan provides for a minimum of :t2.3 acres of preserve area
which meets the required 15% native vegetation preservation requirement.
Minor adjustments may be made to the boundaries of preserve areas based on
permitting considerations, provided the minimum preservation requirements are
met at time of SDP approval.
No building, structure or part thereof. shall be erected, altered or used, or land
used. in whole or part. for other than the following and subject to permitting:
A. Permitted Principal Uses and Structures
1. Passive recreational uses such as pervious nature trails or boardwalks
are allowed within the preserve areas, as long as any clearing required
to facilitate these uses does not impact the minimum required
vegetation.
2. Water management detention and structures, excluding a perimeter
berm.
a. Native vegetation retention area(s) used for water
management purposes shall meet the following criteria:
(1) There shall be no adverse impacts to the native
vegetation being retained. The additional water
directed to this area shall not increase the annual hydro-
period unless it is demonstrated that the design would
have no adverse impact to the existing vegetation.
3. Any other use which is comparable in nature with the foregoing list of
permitted principal uses, as determined by the BZA.
B. Prohibited Uses
1. Fences and walls
Page 9 of 12
SECTION V
DEVELOPMENT COMMITMENTS
5.1. PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FOOT
Design Standards, current edition, and the Manual on Uniform Traffic
Controi Devices (MUTCD), current edition. All other improvements shall be
consistent with and as required by the LDC, as amended.
B. Arterial level street lighting shall be provided at all access points. Lighting
shall be in place prior to the issuance of the first certificate of occupancy
(CO).
C. 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 issues shall be
approved or denied during the review of required subsequent site plan or
finai plat submissions. All such access 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 PUD amendment is to be
processed.
D. Site-related improvements (as apposed 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.
E. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Res. No. 01-247), 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
Page 10 of 1 2
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
F. 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.
G. All internai roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and
maintained by an entity created by the developer and Collier Country
shall have no responsibility for maintenance of any such facilities.
H. If any required turn lane improvement requires the use of any existing
County rights-of-way or easements, compensating right-of-way or
easements, shall be provided without cost to Collier County as a
consequence of such improvement.
I. If, in the sole opinion of Collier County Transportation Division, a traffic
signal, or other traffic control device, sign or pavement marking
improvement within a public right-of-way or easement is determined to
be necessary, the cost of such improvement shall be borne by the
developer and shall be paid to Collier County before the issuance of the
first CO.
J. An interconnection shall be shown on the Master Concept Plan for the
adjacent property to the North. At the time of issuance of the first
development order for the parcel(s) immediately to the North, the owner
shall be responsible for the construction of an interconnection subject to
obtaining appropriate cross access easements and shared maintenance
responsibilities for the project entrance.
5.3 AFFORDABLE HOUSING
Collier County and the Deveioper of the Della Rosa RPUD have cooperated to
address affordable housing impacts associated with the Della Rosa RPUD. The
following financial contribution shall be paid by the developer, or its successors
and assigns, to the Collier County Affordable Housing Trust Fund.
A. One thousand dollars ($ 1 ,000) per residentiai dwelling unit constructed
within the project shall be paid to Collier County within 7 days of the
closing on each residential dwelling unit.
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.
Page 11 of 12
5.4 ENVIRONMENTAL
The Developer shall purchase two parcels of land consisting of 2.5:t acres each,
for a total of 5 acres, commonly referred to as the Mathieu parcels, and more
particularly described in Exhibit B attached hereto and incorporated by
reference herein. Said parcels shall only be utilized for the purpose of a preserve
in perpetuity.
Upon completion of the purchase, the developer shall record a private deed
restriction limiting the use of these two parcels to preserve only. In addition, the
developer shall grant a conservation easement over these two parcels to the
County with no responsibility for maintenance on the part of the County.
Page 12 of 12
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EXHIBIT "B"
LEGAL DESCRIPTION
PARCEL #1 (FOLIO # 00150600004)
THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
AND
PARCEL #2 (FOLIO # 00148200005)
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4
OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA
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 2007-73
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 Clerk
Ex-officio to Board of
County Commissioners
,
Llu.u ~. () L.
By: Ann Jennejohn,
Deputy Clerk