Ordinance 2008-13
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o REl'E1VED W, ORDINANCE NO. 08- ~
~'?- \J l ~N ORDINANCE OF THE BOARD OF COUNTY
\~.91 ~'i>tb COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
~SLt>lELZ~\\O 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 DESCRIBED REAL
PROPERTY FROM AN AGRICULTURAL (A) ZONING
DISTRICT WITH A SPECIAL TREATMENT (ST) OVERLAY
TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT
(RPUD) ZONING DISTRICT FOR THE PROJECT TO BE
KNOWN AS THE BRANDON RPUD, FOR PROPERTY
LOCATED ON THE SOUTHEAST CORNER OF THE
INTERSECTION OF LIVINGSTON ROAD (C.R. 881) AND
VETERANS MEMORIAL BOULEVARD, IN SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER
COUNTY, FLORIDA CONSISTING OF 51.1+1- ACRES; AND
BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Laura Spurgeon of Johnson Engineering, Inc., and Patrick White, Esq., of
Porter, Wright, Morris and Arthur LLP, representing Eastbourne Bonita 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, is changed from an Agricultural (A) Zoning District with a
Special Treatment (ST) Overlay to a Residential Planned Unit Development (RPUD) Zoning
District for the project to be known as the Brandon RPUD, in accordance with Exhibits A
through G, 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.
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SECTION TWO:
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This Ordinance shall become effective upon filing with the Department of State.~:' "0
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PASSED AND DULY ADOPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this II day of I7tV){J ;;,2008.
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Approved as to form
and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER 7NTY, F ORIDA .
By: ]'{;1---
TOM HENNING, CHAIRM
'~In /ku./J...L~-/2hIJ:._
Marjori . Student-Sttrlmg r--~
Assistant County Attorney
Exhibit A:
Exhibit B:
Exhibit C:
Exhibit D:
Exhibit E:
Exhibit F:
Exhibit G:
Permitted Uses
Residential Development Standards
Master Plan
Legal Description
List of Requested Deviations
List of Development Commitments
Interlocal Agreement
Page 2 of 2
"
This ordinance fil,~d with tt18
~ffllOry of State's Office th,o ~
i!loyof l~U!,'o..._dUJV
and ocknowkcJgcm{mt of then
fiti receiv d this .ot:L1l1::cy ,
of {. I fJ{#-:~~{
EXHIBIT A
for Brandon Residential Planned Unit Development
Page 1 of 3
Regulations for development of the Brandon Residential Planned Unit Development (RPUD) shall be
in accordance with the contents of this RPUD Ordinance and applicable sections of the Land
Development Code (LDC) and Growth Management Plan (GMP) in effect at the time of issuance of
any development order to which said regulations relate. Where this RPUD Ordinance does not provide
development standards, then the provisions of the specific sections of the LDC that are otherwise
applicable shall apply.
I. GENERAL USES
Certain uses shall be considered general permitted uses and structures throughout the Brandon RPUD
except in the preserve areas, General permitted uses and structures are those uses, which generally
serve the developer and residents of the Brandon RPUD and are typically part of the common
infrastructure or are considered community amenities.
GENERAL PERMITTED USES AND STRUCTURES:
I, Water management facilities and related structures.
2, Common recreation amenities,
3, Guardhouses, gatehouses and access control structures.
4, Temporary construction, models, sales, and administrative offices subject to a
temporary use permit.
II. RESIDENTIAL AREA
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:
L Single-family detached dwelling units (a building which contains only one dwelling
unit),
2. Zero lot line dwelling units (a single family detached dwelling structure on
individually platted lots which provides a side yard on one side of the dwelling and
no yard on the other),
3. Two-family dwelling units (a single, free-standing conventional building intended,
designed, used and occupied as two dwelling units attached by a common wall or
roof, but wherein each unit is located on a separate Jot under separate ownership).
3/1l/2008 Bee hearing
EXHIBIT A
for Brandon Residential Planned Unit Development
Page 2 of 3
4, Duplex dwelling units (a single, free-standing, conventional building on a single lot,
which contains only two dwelling units and is intended, designed, used and
occupied as two dwelling units under single ownership, or where each dwelling unit
is separately owned or leased but the lot is held under common ownership).
5. Single family attached and townhouse dwelling units,
6. Multi-family dwelling units,
7. 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 private garages.
3/11/2008 Bee hearing
EXHIBIT A
for Brandon Residential Planned Unit Development
Page 3 of 3
III. PRESERVE AREA
A preserve area is delineated on the Master Plan to protect native vegetation and naturally functioning
habitat in a natural or enhanced state, On-site native vegetation areas total 47,2 acres, therefore a
minimum of 11.8 acres shall be dedicated as preserve area in the Brandon RPUD to meet the 25%
native vegetation requirement. The Master Plan attached as Exhibit C delineates 10.91 acres, which is
92% of the preserve area, The remaining 8% of preserve area (0.9 acres) shall be delineated at the time
of SDP or PPL development order submittal, and shall be located contiguous to the preserve shown on
the Master Plan consistent with the provisions of LDC Section 3,05.07.H, I ,a.ii.
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, subject to regional state and federal permits when required:
A. Principal Uses:
I, Open spaces/nature preserves.
2. Boardwalks subject to appropriate approvals by permitting agencies, however such
structures shall not reduce the retained native vegetation area below the minimum
required.
?,/ 11 /2008 Bee hearing
EXHIBIT B
for Brandon Residential Planned Unit Development
Page 10f2
RESIDENTIAL DEVELOPMENT STANDARDS
The Residential Development Standards Table that follows sets forth the development standards for the
Residential Planned Unit Development (RPUD) Residential Subdistrict. 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 (SDP) or subdivision plat.
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,
3/1112008 Bee hearing
EXHIBIT B
DEVELOPMENT SINGLE SINGLE ZERO TWO-FAMILY DUPLEX MUL TI- CLUBHOUSE/
STANDARDS FAMILY FAMILY LOT LINE FAMILY RECREATION
ATTACHED & BUILDINGS
TOWNHOUSE
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 4,500 S,F, 1,700 S,F, PER 4,500 4,000 S.F. 8,000 S.F. 1,700 S.F, PER 6,000 S,F.
PER UNIT UNIT S.F. PER PER UNIT UNIT
UNIT
MIN. lOT WIDTH' 45 FEET 1 7 FEET 45 FEET 40 FEET 80 FEET 90 FEET 75 FEET
MIN, FLOOR AREA 1,000 S.F, 1,000 S,F, 1,000 1,000 S,F. 1,000 S.F. 900 S,F,jD.U. 900 S,F,
S.F,
MIN. FRONT YARD' 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET 20 FEET
MIN, SIDE YARD 6 FEET o OR 7.5 FEET OAND o AND 6 FEET 6 FEET 10 FEET 10 FEET
1 2 FEET
MIN, REAR YARD' 1 5 FEET 1 5 FEET 1 5 FEET 1 5 FEET 1 5 FEET 1 5 FEET 1 5 FEET
MIN. PRESERVE 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET 25 FEET
SETBACK
MIN, DISTANCE 1 2 FEET o OR 1 5 FEET 1 2 FEET o OR 1 2 FEET 1 2 FEET >20 FEET or y, 1 0 FEET
BETWEEN BH, whichever
STRUCTURES is greater
MAX. ZONED 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 50 FEET 35 FEET
BUILDING HEIGHT 3 STORIES
MAX, ACTUAL 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 55 FEET 40 FEET
BUILDING HEIGHT 3 STORIES
ACCESSORY STRUCTURES
MIN, FRONT YARD SPS SPS SPS SPS SPS SPS SPS
MIN, SIDE YARD SPS SPS SPS SPS SPS SPS SPS
MIN. REAR YARD' 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET
MIN. PRESERVE 1 0 FEET 1 0 FEET 1 0 FEET 1 0 FEET 1 0 FEET 1 0 FEET 1 0 FEET
SETBACK
MIN. DISTANCE 5 FEET 5 FEET 5 FEET 5 FEET 5 FEET 1 0 FEET 5 FEET
BETWEEN PRINCIPAL
& DETACHED
ACCESSORY
STRUCTURE
MAX. ZONED 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET 35 FEET
BUilDING HEIGHT
MAX. ACTUAL 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET 40 FEET
BUilDING HEIGHT
SPS :::: Same as Principal Structure
BH = Building Height
10n cui de sac lots and lots on the inside part of a curved street, the minimum lot width may be reduced by 30%, provided
the minimum lot area requirement shall be maintained.
2 Front-loading garages shall be set back a minimum of 23 feet from edge of sidewalk or 23 feet from the edge of
pavement where no sidewalk is provided. For side-loading garages, a parking area of 23 feet in depth shall be provided
to avoid parking of 0 vehicle across the referenced sidewalk or pavement.
3 For lots adjacent to a lake, no structures shall be permitted in the required 20 foot lake maintenance easement.
3/1112008 Bee hearing
EXHIBIT C
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MASTER PLAN
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EXHIBIT D
for Brandon Residential Planned Unit Development
Page 1 of 4
The subject property, being 51.1:t acres, is described as:
PARCEL ID 00149640004: THE NORTHEAST 114 OF THE SOUTHEAST 114 OF THE
SOUTHWEST 114 OF THE NORTHEAST 1/4 AND THE NORTHWEST 114 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13,
TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
PARCEL ID 00148120004: THE EAST 112 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4
OF THE NORTHEAST 114 AND THE WEST 112 OF THE SOUTHWEST 1/4 OF THE
NORTHEAST 114 OF THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 00149520001: THE NE 114 OF THE NE 1/4 OF THE SW 114 OF THE NE 114 OF
SECTION 13, TOWNSHIP 48 SOUTH. RANGE 25 EAST.
PARCEL 00149480002: THE NORTHEAST ONE-QUARTER (NE 114) OF THE NORTHEAST
ONE-QUARTER (NE 114) OF THE NORTHWEST ONE QUARTER (NW 114) OF THE
NORTHEAST ONE-QUARTER (NE 114) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA AND THE NORTHWEST ONE-QUARTER (NW 114) OF
THE NORTHWEST ONE-QUARTER (NW 114) OF THE NORTHEAST ONE-QUARTER (NE 114)
OF THE NORTHEAST ONE-QUARTER (NE 1/4) OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
PARCEL 00149800006: THE NORTHEAST ONE-QUARTER (NE 114) OF THE NORTHWEST
ONE-QUARTER (NW 1/4) OF THE NORTHEAST ONE-QUARTER (NE 114), OF THE
NORTHEAST ONE-QUARTER (NE 114), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA; AND THE NORTHWEST ONE-QUARTER (NW 114) OF
THE NORTHEAST ONE-QUARTER (NE 114) OF THE NORTHEAST ONE-QUARTER (NE 1/4),
OF THE NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE
25 EAST, COLLIER COUNTY, FLORIDA;
PARCEL 00151120004: THE SOUTHEAST ONE-QUARTER (SE 114) OF THE NORTHWEST
ONE-QUARTER (NW 114) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE
NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
PARCEL 00148400009: THE SOUTHWEST ONE-QUARTER (SW 1/4) OF THE NORTHEAST
ONE-QUARTER (NE 114) OF THE NORTHEAST ONE-QUARTER (NE 1/4), OF THE
NORTHEAST ONE-QUARTER (NE 1/4), SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA;
PARCEL 00150960003: THE E.1I2 OF THE N,1I2 OF THE S.W, 114 OF THE SW. 114 OF THE
N.E. 1/4 SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY,
3/1 ]/2008 Bee hearing
EXHIBIT D
for Brandon Residential Planned Unit Development
Page 2 of 4
FLORIDA; THE WEST 15 FEET OF THE DESCRmED PROPERTY IS RESERVED FOR
EASEMENT PURPOSES,
LESS
A PARCEL OF LAND LOCATED IN THE NORTHEAST 114 OF SECTION 13, TOWNSHIP 48
SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY
DESCRmED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH,
RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.88020'15"W., ALONG THE
SOUTH LINE OF THE SOUTHEAST 114 OF SAID SECTION 13, FOR A DISTANCE OF 2650.16
FEET, TO THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13;
THENCE RUN N,00036'50"W" ALONG THE WEST LINE OF THE SOUTHEAST 1/4 OF SAID
SECTION 13, FOR A DISTANCE OF 2692.40 FEET, TO THE SOUTHWEST CORNER OF THE
NORTHEAST 114 OF SAID SECTION 13; THENCE CONTINUE N,00036'50"W., ALONG THE
WEST LINE OF THE NORTHEAST 114 OF SAID SECTION 13, FOR A DISTANCE OF 336,73
FEET, TO THE SOUTHWEST CORNER OF THE NORTH 112 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN
N.88031'06"E., ALONG THE SOUTH LINE OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF
THE SOUTHWEST 1/4 OF THE NORTHEAST 114 OF SAID SECTION 13, FOR A DISTANCE OF
331.82 FEET, TO THE SOUTHWEST CORNER OF THE EAST 112 OF THE NORTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHWEST 114 OF THE NORTHEAST 114 OF SAID SECTION 13,
AND THE POINT OF BEGINNING
OF THE PARCEL OF LAND HEREIN DESCRmED; THENCE RUN N.00036'15"W" ALONG THE
WEST LINE OF THE EAST 112 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13, FOR A DISTANCE OF
180.39 FEET, TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE NORTHEAST,
WHOSE RADIUS POINT BEARS N.550IO'01"E. A DISTANCE OF 1772.36 FEET THEREFROM;
THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT,
HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF 07018'23",
SUBTENDED BY A CHORD OF 225,86 FEET AT A BEARING OF S.38029'1I"E., FOR A
DISTANCE OF 226,01 FEET, TO THE END OF SAID CURVE AND A POINT ON THE SOUTH
LINE OF THE EAST 1/2 OF THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST
1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE RUN S.88031'06"W., ALONG
THE SOUTH LINE OF THE EAST 112 OF THE NORTH 112 OF THE SOUTHWEST 1/4 OF THE
SOUTHWEST 114 OF THE NORTHEAST 114 OF SAID SECTION 13, FOR A DISTANCE OF
138,70 FEET TO THE POINT OF BEGINNING, CONTAINING 0.27 ACRES, MORE OR LESS,
PARCEL 00149680006: THE SW 1/4 OF THE NW 114 OF THE SE 1/4 OF THE NE 114 OF
SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST.
PARCEL 00148160006: THE NE 1/4 OF THE SW 1/4 OF THE NE 1/4 OF THE NE 114. SECTION
13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
:.t I J /2008 Bee hearing
EXHIBIT D
for Brandon Residential Planned Unit Development
Page 3 of 4
PARCEL 00149440000: THE SOUTHEAST ONE-QUARTER (SE-1/4) OF THE NORTHEAST
ONE-QUARTER (NE-1/4) OF THE SOUTHWEST ONE-QUARTER (SW-II4) OF THE
NORTHEAST ONE-QUARTER (NE-1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST.
PARCEL 00151200005: THE SOUTHWEST ONE-QUARTER (SW-II4) OF THE NORTHEAST
ONE-QUARTER (NE-1/4) OF THE SOUTHWEST ONE-QUARTER (SW-1/4) OF THE
NORTHEAST ONE-QUARTER (NE-1/4) OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25
EAST,
PARCEL 00148080005: A PARCEL OF LAND IN THE NORTHEAST QUARTER OF SECTION
13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER
OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA; THENCE RUN N.88057'29E., ALONG THE SOUTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 862.17 FEET TO A
POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF LIVINGSTON ROAD, A 275,00 FOOT
RIGHT-OF-WAY, AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN
DESCRIBED; THENCE CONTINUE N,88057'29"E., ALONG THE SOUTH LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 133.12 FEET TO THE
SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTEROF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE
RUN N,00007'26''W, ALONG THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 13, FOR A DISTANCE OF 672.76 FEET TO THE NORTHEAST CORNER OF THE
WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SAID SECTION 13; THENCE RUN S.88059'57"W., ALONG THE
NORTH LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A DISTANCE OF
331,87 FDEET TO THE NORTHWEST CORNER OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID
SECTION 13; THENCE RUN S.00008'03''E, ALONG THE WEST LINE OF THE WEST HALF OF
THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF TEH NORTHEAST
QUARTER OF SAID SECTION 13, FOR A DISTANCE OF 336.50 FEET TO THE NORTHEAST
CORNER OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13,THENCE RUN
S.88058'45"W" ALONG THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13, FOR A
DISTANCE OF 193,14 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF
LIVINGSTON ROAD A 275.00 FOOT RIGHT-OF-WAY, THE SAME BEING A POINT ON A
CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS
N.480I9'14"E. A DISTANCE OF 1772.36 FEET
3/11/2008 Bee hearing
EXHIBIT D
for Brandon Residential Planned Unit Development
Page 4 of 4
THEREFROM; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO
THE LEFT, HAVING A RADIUS OF 1772.36 FEET, THROUGH A CENTRAL ANGLE OF
16037'26", SUBTENDED BY A CHORD OF 512.43 FEET AT A BEARING OF S.49059'30"E., FOR
A DISTANCE OF 514.23 FEET TO THE POINT OF BEGINNING; CONTAINING 5.25 ACRES,
MORE OR LESS,
3/1112008 Bee hearing
EXHIBIT E
for Brandon Residential Planned Unit Development
LIST OF REQUESTED DEVIATIONS
Deviation #1 seeks relief from LDC, Section 6.06.01 (also Code of Laws and Ordinances
Administrative Code Section 2-12.C.I3.e.) which requires minimum local street right-of-way width of
60 feet.
Minimum right-of-way width of 50 feet is requested for local streets within the Brandon RPUD, This
deviation is justified because of the small-scale setting of the neighborhood, This addresses concerns
that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road
right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right-
of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and
bike traffic while accommodating all utility and drainage needs. The 50-foot right-of-way
accomplishes traffic calming to provide a safer transportation system within the neighborhood. This
dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that
the development is compact, the native vegetation is less impacted, and open spaces can be
concentrated in areas of the property for enhanced environmental quality.
Additionally, if an access road is designed to connect to the existing 40-foot wide public access
easement located at the northwest boundary of the Verona Pointe subdivision, the applicant requests a
minimum right-of-way width of 40 feet for that section that is an extension of the existing public
access easement.
Deviation #2 seeks relief from Code of Laws and Ordinances Administrative Code Section 2-
12,C,13.j. which requires tangents for all streets between reverse curves, unless otherwise approved by
the County Manager, or his designee, pursuant to LDC, Section 10.02,04.
Tangents shall not be required between reverse curves on any project streets. This deviation is justified
because it is consistent with the Code provision for administrative discretion. The streets within the
Brandon RPUD are not at a traffic capacity or speed level to require tangents between reverse curves.
The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25
mph, the design promotes traffic calming.
Deviation #3 seeks relief from Code of Laws and Ordinances Section 22-112 which requires for
excavated areas a maximum four to one slope from existing grade to a breakpoint at least 10 feet below
the control elevation, Below this breakpoint, slopes shall be no steeper than two to one.
Like cross sections will adhere to South Florida Water Management District (SFWMD) minimum
standards as identified in Drainage Details & Cross Sections, Sheet II. Additional reduction in that
cross sectional area of the lake beyond the standards required by SFWMD will reduce the water quality
coming out of the proposed lake cross section.
3/ll/2008 Bee hearing
EXHIBIT F
for Brandon Residential Planned Unit Development
Page 1 of 4
DEVELOPMENT COMMITMENTS
GENERAL:
Development of the Brandon RPUD is proposed for completion in 2012,
TRANSPORTATION:
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 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 improvements necessary to provide safe ingress and egress for
construction-related traffic shall be in place and operational prior to commencement of on-site
construction.
D. 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. 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 any existing County rights-of-way or
easement(s), then compensating rights-of-way shall 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. The typical cross section may not differ from the existing
roadway unless approved, in writing, by the Transportation Division Administrator or his
designee. Upon closure of the turn lane along Livingston Road, the County shall return the
compensating right-of-way back to the developer, its successors, or assigns.
F. If, in the sole opinion of Collier County, traffic signal(s), other traffic control device, sign,
pavement marking improvement within any 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, are determined to be necessary, the fair
3/1112008 Bee hearing
EXHIBIT F
for Brandon Residential Planned Unit Development
Page 2 of 4
share cost of such improvement shall be the responsibility of the developer, its successors or
assigns, The improvements shall be paid for or installed prior to the issuance of the
appropriate, corresponding CO. Additionally, proportionate fair share payment will be
determined by a traffic study and will be paid by the developer to Collier County prior to SDP
or PPL approval consistent with the terms of the attached Exhibit G, entitled "Interlocal
Agreement by and between Collier County and the School District of Collier County" dated
August 16,2007 (OR Book 4281, Page 1295).
G, The interconnection point via Verona Pointe shown on the RPUD Master Plan is conceptual,
and dependent upon the timing to obtain required, private cross-access easements. This access
point design for the incoming development traffic is contingent upon perpetual cross-access
easement dedications from affected property owners being made in writing to allow unrestricted
ingress and egress for the Brandon RPUD within 90 days of adoption of the Brandon RPUD
Ordinance. If perpetual-cross access easement dedication is not achieved as contemplated
within 90 days of adoption of the Brandon RPUD Ordinance, then upon notification by
Transportation Staff, the developer, or successor, shall design, permit, and construct a two-lane
roadway within a 40-foot wide road right-of-way (which will include a single 5-foot sidewalk
in the typical section) connecting to Verona Pointe with a one-way southbound travel way
within the restricted area for exiting development traffic. Construction and maintenance costs
shall be funded by fair share contributions of the property owners gaining access from
extension of the cross-access easements. The private cross-access easements, once recorded,
shall be the primary access for the Brandon RPUD to Livingston Road, and any then existing
right-in access driveway along Livingston Road constructed as shown on the Brandon RPUD
Master Plan shall be eliminated within 180 days of completion of the full two-lane road
connection through Verona Pointe.
If the cross-access easements are not obtained within 90 days of adoption of this Ordinance,
then in the interim, until such cross-access easements may be obtained and recorded, a right-in
only access point shall be permitted at the Livingston Road access driveway shown on the
Brandon RPUD Master Plan, Once the perpetual cross-access easements are subsequently
achieved and recorded to allow full connection to the Verona Pointe public access easement,
then the developer, or successor, shall design, permit, and construct a second lane for incoming
development traffic within the 40-foot right-of-way.
H. All internal roads, driveways and sidewalks within the Brandon RPUD shall be operated and
maintained by the developer, its successors, or assigns, in perpetuity,
L Access points for connection to off-site properties to the east are shown on the RPUD Master
Plan, The costs for providing access through each access point for interconnection will be
determined by the developer and such landowners as may desire to use anyone or more access
point(s), or in the alternative, as provided for by general law,
3/11/2008 Bee hearing
EXHIBIT F
for Brandon Residential Planned Unit Development
Page 3 of 4
WATER MANAGEMENT:
The Brandon RPUD conceptual surface water management system is described in the Water
Management Report, which has been included in the RPUD rezone application materials. Water
management infrastructure shall be operated and maintained by the developer until conveyed to the
homeowners' association.
UTILITIES:
A. Water distribution, sewage collection and transmission systems shall be constructed throughout
the project by the developer. Potable water and sanitary sewer facilities constructed within the
platted rights-of-way or within dedicated utility easements shall be conveyed to the Collier
County Public Utilities Division.
B, All customers connecting to the potable water and sanitary sewer system shall be customers of
the Collier County Public Utilities Division,
ENVIRONMENTAL:
A. Special Treatment (ST) Overlay District designations shall be eliminated from the subject
property.
B. All preserve areas shall be identified as separate tracts and be protected by a permanent
conservation easement to prohibit further development. Conservation easements shall be
dedicated on the plat, or at time of SDP approval, to the homeowners' association, or like
entity, for ownership and maintenance responsibility and to Collier County with no
responsibility for maintenance.
C. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts to
protected species. A Habitat Management Plan for Big Cypress Fox Squirrel shall be submitted
to Environmental Review Staff for review and approval prior to SDP or subdivision plat
approval.
INDEMNITY AGREEMENT:
The developer agrees to indemnify, defend, and hold harmless the County in the event of the County
being named in any suit brought by adjacent or nearby land owners of undeveloped property to
estahlish lawful access, including defending the County's interest at hearing or trial; except that the
devdoper will not be responsible for any expenses for outside counsel that the County may otherwise
seek to retain in such matter.
3/11/2008 Bee hearing
-,---~._. ----,---~..
EXHIBIT F
for Brandon Residential Planned Unit Development
Page 4 of 4
AFFORDABLE HOUSING:
The developer has offered a voluntary payment of $1 ,000.00 to the Collier County Affordable Housing
Trust Fund at the time of the first and each subsequent issuance of building permit for the construction
of dwelling units within the Brandon RPUD. This commitment and the subsequent payments shall be
credited against any subsequently adopted affordable, work force, and/or other gap housing or housing
needs impact fee, mitigation, exaction, fee, contribution, linkage fees, andlor other similar tax or
charge which would otherwise be applicable to the Brandon RPUD, as may be so contemplated and
provided for by such subsequently adopted provisions.
3f( 1/2008 Bee hearing
EXHIBIT G
for Brandon Residential Planned Unit Development
INTERLOCAL AGREEMENT
BY AND BETWEEN
COLLIER COUNTY AND THE SCHOOL DISTRICT OF
COLLIER COUNTY
Veterans Memorial Elementary School- County Transportation Improvements
OR BOOK: 4281 PG: 1295
3/11/2008 Bee hearing
Retn:
ctlll '0 'IRI BOARD
II!lIOrrICJ 4TH rLOOR
11' 124D
4071590 OR: 4281 PG: 1295
RBCORDIP in tne orrlCIAL RICORD! of COLLIJ! COUNTy, 1L
09/13/2007 at 11:25A1 PWIGHT J. BIOCt. CLIIK lie PlI
corm
27.00
!.to
. INTERLOCAL AGREEMENT
BY AND BETWEEN
COLLIER COUNTY AND THE SCHOOL DISTRICT OF COLLIER COUNTY
Veterans Memorial Eleme.otaTV School- County TransDortation ImDrovements
This Interlocal Agreement ("Agreement"), dated this J/Jt'daY of ~
2007, is by and between the School District of Collier County ("Distric~
County, a political subdivision of the State of Florida ("County").
Recitals
WHEREAS, the District intends to construct a traffic signal at the comer of
Veterans Memorial Boulevard and Livingston Road (the "Project'') in order to serve
Veterans Memorial Elementary (the "School''); and
WHEREAS, the County
the Project, in excess of the D'
from the owners of other
Boulevard that will directI}I e
burse the District for costs of
of the traffic signal project,
ong Veterans Memorial
WHEREAS, the 0
to consummate this A m
address any potential tr
developments located alon
and mutually agreed
o of the Project and to
hool and other future
::5
o
. es, the sum ofTen Dollars
ipt and suffiCiency of which
en the parties as follows:
I. All of the above RECITALS are true and correct and are hereby expressly
incorporated herein by reference as if set forth fully below.
2. This Agreement is entered into pursuant to the provisions of Section 163.01,
Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969, "
3. The parties have entered into this Agreement in good faith and covenant to
cooperate with each other in order to fulfill the intent of this Agreement so as to better
serve the residents of Collier County.
4. Construction of Proiect. The District shall pay for the cost of designing
and conslIucting the Project as the School is the first project located along Veterans
Memorial Boulevard. Upon completion of the Project, the District shall submit to the
County a detailed summary of all the costs incurred in connection with the Project (the
OR: 4281 PG: 1296
"Project Cost"). Any subsequent modifications, maintenance, and/or repairs to the
Project shall be paid for solely by the COlmty.
5, Reimbursement of Proiect Cost. To reimburse the District for the Project
Cost, the County shall collect funds on a proportionate share basis from the owners of
other future developments located along Veterans Memoria! Boulevard that will directly
benefit from the Project as detennined by traffic studies (the "Collection"). The County
shall not grant any development approvals for developments that are subject to the
Collection without determining and making arrangements for the collection of such
amounts. The County shall transfer the Collection to the District within 90 days of
receipt. The County shall have the obligation to perform the Collection until the District
has been reimbursed for Project Costs in excess of the District's proportional fair share
obligation. The District's proportional fair share obligation will be determined by traffic
studies following completion of the Project and opening of the SchooL
6. This Agreement s
Collier County, Florida, with.
Collier County shall pay a! c
document will be provi to
Legal Matters
~
unty in the Official Records of
greement is fully executed.
~e I
dges that the fail
. ction shall not re e
cessity of complYI
~
lIE elF
9. In the event of a dispute un . greement, the parties shall first use the
County's then-current Alternative Dispute Resolution Procedure. Following the
conclusion of this procedure, either party may file an action for injunctive relief in the
Circuit Court of Collier County to enforce the terms of this Agreement, said remedy
being cumulative with any and all other remedies available to the parties for the
enforcement of this Agreement. In the event any litigation is instituted with respect to
this Agreement, the party prevailing in said litigation shall be entitled to collect and
recover from the opposite party all court costs and other expenses including reasonable
attorney's fees.
7. This Agree en
agreement,under the Flo da
()
8. District ac
permit, condition, term or
their successors or assigns,
regulation governing said p
ct rized as a development
tAct,
. Ii cement to address any
~ e applicant or owner, or
. any law, ordinance, rule or
, terms or restrictions.
10. This Agreement shall be governed by and construed in accordance with the
laws of the State of Florida. With respect to the subject matter herein, this Agreement is
the entire agreement between the parties, superseding all previous oral and written
representations, understandings, and agreements between the parties. This Agreement
can only be changed by a writing signed by both parties, Any waiver at any time by
either party of its rights with respect to any matter arising in connection with this
2
*** OR: 4281 PG: 1297 ***
Agreement shall not be considered a waiver of such rights or matters by either party at
any subsequent time, This Agreement shall take effect on the date first above written and
shall continue in effect until the parties mutUally detennine that it is no longer needed or
until termination pursuant to the terms hereof.
AT1EST:' ,,' ,.~,
, DWI9HI E, Bie&K, Clerk
j';~'~
' . By:. '_' . 0.( .
",. .. t.tJt';~. filerk
"'_ t, . .tllil~
" ~.' .... .
A' . . form and legal sufficiency:
BOARD OF COUNTY COMMISSIONERS
COLLIER CO FL
By:
JA
ArrEST:
By:
Its: ~ Ti y' -:-
and legality:
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 2008-13
Which was adopted by the Board of County Commissioners
on the 11th day of March, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of March, 2008.
DWIGHT E. BROCK
Clerk of Courts qncl'~lerk
Ex-officio to Bo'a'rd of ''-'"''
County commissi'~~t\3 .;
:. .(~'i'" 7'
~~g)k
Deputy Clerk
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