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Ordinance 2008-06 /~5i6l>' /,,'l- ;;,~" /,~... 79, Io}? rJ; ,'~~ (~ ~ \\~ ~ '-;:; i~ \ ~~~~\~ ~ ,t ~ l'sU' $,' ,n -~ G'V '.( c'J-/ '.I ."'.. '-C:Ot:",ZS-z,l-v ..'--.--.-- ORDINANCE NO. 08-~ 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 DESCRffiED REAL PROPERTY FROM AN AGRICULTURAL (A) ZONING DISTRICT TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR THE PROJECT TO BE KNOWN AS THE PEZZETTINO DI CIELO RPUD, TO ALLOW CONSTRUCTION OF A MAXIMUM OF 43 RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED IMMEDIATELY EAST OF LIVINGSTON ROAD AND APPROXIMATELY 4.5 MILES NORTH OF IMMOKALEE ROAD (C.R. 846) IN SECTION 12, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 17.52+/- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ..... ...... )>0 = ,q = , . => )>:r.-- .." ." :x:::': rrl )>-f' 0:> - (J)-; I r V>~' -.I M% rn M-J .., . 0 :x -n..." 0 '''' ~ 0.... ::!~ c:> om :r.-- WHEREAS, D. Wayne Arnold, AICP of Q. Grady Minor and Associates, P.A., and Richard Yovanovich, Esq., of Goodlette Coleman and Johnson P.A., representing Distinctive Residential Development at Livingston, 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 12, Township 48 South, Range 25 East, Collier County, Florida, is changed from an Agricultural (A) Zoning District to a Residential Planned Unit Development (RPUD) for a project to be known as the Pezzettino Di Cielo RPUD, to allow construction of a maximum of 43 residential dwelling units in accordance with the Pezzettino Di Cielo RPUD, attached hereto as Exhibit "A," 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. Page I of2 PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this aC)fi1 dayof:-\O flu It,. j ,2008. A TTES,1Y' . r) l/.{, DWIGHT E. BROGK, CLERK ., ., BOARD OF COUNTY COMMISSIONERS COLLIER CO NTY, ORIDA ~ By: . .; \,).' r Attest a tit Cba 1.... , sl904t"" 011 f~< .,',.;,..c , . '~ f- '. f/W'" . Deputy Clerk By: TOM Approved as to form and legal sufficiency: Marjo M. Student-Stirling Assistant County Attorney Page 2 of2 . d "th \11< This ordinance file WI Secretary of ~~ Offi7~~~ '7+~'--day of ' Id athot and acknow e geme ;JV\ d fili~jV€d ~ ay of ~ Rc8:\L)Z Oeput'{ Clerk PEZZETIINO DI CIELO RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGUlATIONS AND SUPPORTING MASTER PLAN GOVERNING THE PEZZETTINO DI CIELO RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Distinctive Residential Development at Livingston, LLC Mr. Steve Fiterman 1845 Trade Center Way Naples, FL 34109 PREPARED BY: Richard V. Yovanovich, Esq. Goodlette, Coleman and Johnson, PA 4001 North Tamiami Trail, Suite 300 Naples, FL 34103 Q. Grady Minor and Associates, PA 3800 Via Del Rey Bonita Springs, FL 34134 239-947-1144 Exhibit A DATE REVIEWD BY CCPC December 6.2007 DATEAPPROVEDBYBCC -..b~ 2.'11~'6 ORDINANCE NUMBER - 0(" AMENDMENTS AND REPEAL lDC4-'" TABLE OF CONTENTS PAGE SECTION I PROPERTY OWNERSHIP & DESCRIPTION 3 SECTION II RESIDENTIAL AREAS PLAN 5 SECTION III CONSERVATION / PRESERVE AREA 7 SECTION IV DEVELOPMENT COMMITMENTS 8 SECTION V DEVIATIONS FROM THE LDC 11 LIST OF TABLES AND EXHIBITS TABLE! DEVELOPMENT STANDARDS EXHIBIT A RPUD MASTER PLAN 6 2 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 the PezzeUino Di Cielo RPUD. 1.2 LEGAL DESCRIPTION The subject property being +/-17.52 acres is described as: Tax Parcel 22 located in Section 12, Township 48 South, Range 25 East, Collier County, Florida, described as: The West 1/2 of the SW 1/4 ofthe SW 1/4 of the NE 1/4 of Section 12, Township 48 South, Range 25 East, LESS AND EXCEPT: A perpetual easement to Collier County, Florida for roads, utilities and drainage easement over and across the West 50 feet thereof. AND Tax Parcel 9.1 more particularly described as: Beginning at the Southwest corner of the SW 1f4 of the SW lf4 of the NE 1f4 of Section 12 Township, 48 South, Range 25 East, thence North 660 feet to a point; thence East 162 feet to the POINT OF BEGINNING; thence continue East 132 feet to a point; thence South 330 feet; thence West 132 feet; thence North 330 feet to the POINT OF BEGINNING; Subject to a road Right-of-Way over and across the North 30 feet thereof. AND The East 1/2 of the East 1f2 of the SW 1/4 of the SW 1/4 of the NE 1/4, less and except the North 30 feet thereof, and The West 1/2 ofthe East 1/2 ofthe SE 1/4 ofthe SW 1/4 of the NE 1/4, and The West 1f2 of the East 1f2 of the SW 1f4 of the SW 1/4 ofthe NE 1/4, and The West 1f2 ofthe SE 1f4 of the SW 1f4 of the NE 1/4. AND PARCEL ONE as described in O.R. Book 3103, Pg 2950 3 The South thirty feet of the North V2 of the SW 1f4 of the NE V4 of Section 12, Township 48 S, Range 25 E, Collier County, Florida, LESS AND EXCEPT the East V2 ofthe East '12 of the East '12 of the North V2 of the SW V4 of the NE V4 of Section 12, Township 48 South, Range 25 East. All Located in Section 12, Township 48 South, Range 25 East, Collier County, Florida. 1.3 PROPERlY OWNERSHIP The subject property is under the ownership of: Distinctive Residential Development at Livingston, LLC and Long Bay Partners, LLC. Distinctive Residential Development at Livingston, LLC has a contract to purchase the balance of the property not under their ownership from Long Bay Partners, LLC. The lands together make up the :!: 17.52 acres covered by this RPUD 1.4 DESCRIPTION OF PROJECT PlAN AND PROPOSED lAND ~ A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "A", RPUD Master Plan. LAND USE TYPE Single-family, zero lot line 43 Dwelling Units WATER MANAGEMENT PRESERVE AREA ROADS/ROW DEVELOPMENT TRACTS TOTAL: + / - 2.20 acres + / - 0.82 acres +/- 1.99 acres +/-12.'>1 acres +/-17.52 acres 4 SECTION II RESIDENTIAL AREAS PLAN 2.1 MAXIMUM DWELLING UNITS The maximum number of dwelling units allowed within the RPUD shall be 43. 2.2 USES PERMI1TED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: (1) Single family detached dwellings. (2) Zero lot line detached dwellings. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages, outdoor kitchen facilities, privacy walls (6' height) pavilions, fountains, trellises, and other landscape features. (2) Common recreation amenities. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. (3) Essential services, water management facilities and other similar facilities designed to serve the infrastructure needs of the RPUD. 2.3 DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the "R" Residential District. General: (1) All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. (2) In no case shall the minimum setback be less than the required landscape buffer width. 5 TABLE I - DEVELOPMENT STANDARDS "R" Residential Areas Requirements Single Family Zero Lot Line Minimum lot area 5,000 square feet 5,000 square feet Minimum lot width 50 feet' 50 feet 1 Minimum floor area 1,600 square feet 1,600 square feet Minimum principal structure setbacks . Front yard 20 feet. 20 feet> . Front yard for side entry garage 10 feet 10 feet . Side yard 6 feet o and 10, or 5 feet3 . Rear yard 10 feet 10 feet . Waterfront 20 feets 20 feet' . Preserve boundary 25 feet 25 feet Minimum accessory structure setbacks . Front yard SPS6 SPS' . Side yard SPS' o feet' . Rear yard 5 feet o feet 1 . Preserve boundary 10 feet 10 feet Minimum distance between principal structures 12feet 10 feet Maximum height (zoned) 35 feet 35 feet 1 Minimum lot width for cul-de-sac lots may be reduced by 20% provided the minimum lot area is maintained. 2 The distance from the back of the sidewalk to the face of the garage door must be at least 23 feet to allow room to park a vehicle on the driveway withant encroaching into the sidewalk. Should the garage he side-loaded, plans must ensure that parked vehicles will not intelfere with pedestrian traffic. 3 Where a zero foot yard option is utilized, the opposite side of the structure shall have a 10 foot yard. Otherwise, a minimum 5 foot side yard shall he provided on each side. , Patios, pools, 6 foot Plivacy walls, fountains, trellises, lanclscape features, screen enclosnres and the like may encroach into the 10 foot yard and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. In no case shall these elements encroach into the lake maintenance easement. S Measured from control elevation. , SPS = Same as Principal Structure. 1 Accessory structures shall not be placed within lake maintenance easements or required landscape buffers. 6 SECTION III PRESERVE AREA 3.1 PERMITIED USES The RPUD Master Plan provides for .82 acres of preserve area which meets the 15% native vegetation preservation requirement. Minor adjustments may be made to the boundaries of preserve areas based on permitting considerations in accordance with the Land Development Code (LDC) and Growth Management Plan (GMP). 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 Principal Uses and Structures 1. Passive recreational uses such as pervious nature trails or boardwalks within the preserve areas, subject to LDC requirements. Fences may be utilized outside of the preserves to provide protection to the preserves in accordance with the LDC. 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 tillS area shall not increase the annual hydro-period unless it is proven that such would have no adverse impact to the existing vegetation. (2) If the project requires permitting by tile South Florida Water Management District, the project shall provide a letter or official document from the District indicating that the native vegetation witIlin the retention area will not have to be removed to comply with water management requirements. If the District cannot or will not supply such a letter or other document, then the native vegetation retention area shall not be used for water management purposes. 3. Native preserves. 4. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by tile Board of Zoning Appeals (BZA) through the process outlined in the LDC. 7 SECTION IV DEVELOPMENT COMMITMENTS 4.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 4.2 TRANSPORTATION A. 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. B. The developer shall provide payment in lieu of the installation of sidewalks on one side of the road per the requested deviation in Section 5.1 of this RPUD in accordance with Section 6.06.02 of the LDC. The amount shall be determined by utilizing FDOT's 2004 Transportation Costs as amended. Payment in lieu of providing the sidewalk shall be required prior to approval of plats and plans for the first phase of the project. C. A temporary turn lane shall be provided for the project prior to commencement of on-site construction, and the permanent turn lane improvements must be complete prior to the issuance of the first certificate of occupancy (CO). D. 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. All other improvements shall be consistent with, and as required by the Collier County's LDC, as amended. E. Arterial-level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first CO. F. 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 frontage. All such access issues shall be approved or denied during the review of required subsequent site plans, final plat submissions, or by an approved Developer Contribution Agreement (DCA). All such access points 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 tllan the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is approved. 8 G. 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. H. 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, and the LDC, as it may be amended. 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. 1. All internal roads, driveways, alleys, pathways, sidewalks, interconnections to adjacent developments shall be operated and maintained by an entity created by the developer in accordance with the applicable regulations of the State of Fiorida. Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of any existing County rights-of-way or easement(s), then compensating right-of-way shall be provided at no cost to Collier County as a consequence of such improvement(s). K. If, in the sole opinion of Collier County, 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 the responsibility of the developer, his successors or assigns. The improvements shall be paid for or installed, at the County's discretion, prior to the issuance of appropriate corresponding CO. 4.3 ENVIRONMENTAL A. Soil testing for contaminants including chlorinated hydrocarbons, organophosphates and total petroleum hydrocarbons must be performed prior to final residential development order approval. 4.4 WATERMANAGEMENT A. The storm water shall not be discharged into the preserve area until it has been fully treated in accordance with Collier County and Water Management District standards. 9 4.5 AFFORDABLE HOUSING A. The developer shall contribute $1,000 to the Collier County Affordable Housing Trust Fund for each residential dwelling unit constructed within the project. This sum shall be paid prior to the issuance of the CO for the residential unit. The $1,000 contribution for each residential unit shall be a credit against any affordable housing fees that may be adopted by the County which may be applicable to this project. 10 SECTION V DEVIATIONS FROM THE LDC 5.1 DEVIATIONS FROM LDC A. Right-of-Way Width: The developer requests a reduction in the width of a local roadway right-of- way from sixty feet (60') as shown in Appendix B of the LDC to forty feet (40') as shown in attached Exhibit A. B. The developer requests a deviation from Appendix B of the LDC which requires a 5 foot wide sidewalk to be located on both sides of a local street to permit a 5 foot wide sidewalk to be located on one side of the local street. C. The developer requests a deviation from Section 22-112 ofthe Collier County Code of Laws and Ordinances to permit development excavations to be a minimum of 20 feet from a property line with protective barriers. D. The developer requests a deviation from Section 6.06.01 of the LDC, to permit the cul-de-sac to exceed 1,000 feet in length as shown on the Master Plan. A vehicle turnaround meeting local fire district standards shall be provided. 11 El> ~ o z lbl ?it ~i '! i I I . J@ ~n!l . ~. ~ l ~ ' · i I ~.p I I" i lli~ I, 'I~ t "l ~ ji I .", ! I .I~ I ili~ ! lit I ~ i: , ill ~ ~ ~ ~ '" -.::l ~ c m <> .~ (')~ b gi!! S! , ~; ~ r <> B ~ ig · 8 ,; !; I ij!i II dill I ~Il I II Ii I. II i II II, II " Ii II ! 11m I I ! ! · II' 11I1 II · , ! II: (' II 1'~ /,.~ ! I " I I. f .-..\.....-. i I i ! I I . I I " I~ , ; I i !l I, , Iii: - ~ I .. _'Il ..:;.:....;.:::::::;::::=:~~................~;.~;..~..:~;..:;;........m....::.7............. .......m ,"'........................ 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BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2008-06 Which was adopted by the Board of County Commissioners on the 29th day of January 2008, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 31st day of January 2008. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to..Board .of County COinm.ilB~i~,rierl'/. ~'~"':}""" ::. . , ~ :",'; ,'" "', -; By:Martha Vergara,' ; Deputy CJ.erk '.\' _/