Ordinance 2013-18 t%° 1, 1
pit‘
ORDINANCE NO. 13- 18
8 AN ORDINANCE F
O THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE
NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH ESTABLISHED THE
COMPREHENSIVE ZONING REGULATIONS FOR THE ,
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY ' -
AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN .-.
DESCRIBED REAL PROPERTY FROM A RESIDENTIAL PLANNED ---
UNIT DEVELOPMENT ZONING DISTRICT (RPUD) TO A RPJJD• ---
ZONING DISTRICT, FOR A PROJECT KNOWN AS THE
BUTTONWOOD PRESERVE RPUD TO ALLOW UP TO 220
RESIDENTIAL DWELLING UNITS ON PROPERTY LOCATED
SOUTHEAST OF THE IMMOKALEE ROAD (CR 846) AND COLLIER
BOULEVARD (CR 951) INTERSECTION ON TREE FARM ROAD
APPROXIMATELY .7 MILES EAST OF COLLIER BOULEVARD IN
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 53.8* ACRES; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 2007-42, THE
FORMER BUTTONWOOD PRESERVE RPUD; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Alexis V. Crespo, AICP of Waldrop Engineering, P.A. and R. Bruce
Anderson, Esquire of Roetzel & Andress, LPA representing Neal Communities of Southwest
Florida, 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 35,
Township 48 South, Range 26 East, Collier County, Florida, is changed from a Residential
Planned Unit Development (RPUD) to a RPUD zoning district, for a project known as the
Buttonwood Preserve Planned Unit Development to allow up to 220 residential dwelling units in
accordance with the RPUD Documents, attached hereto as Exhibits A through F, all of which are
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
Buttonwood Preserve RPUD I of 2
PUDA-PL20120001105—Rev. 1/11/13
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 2007-42, known as the Buttonwood Preserve RPUD, adopted on
April 24, 2007 by the Board of County Commissioners of Collier County, is hereby repealed in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 J. day of _Tail ,'L( , 2013.
A-TTEST: BOARD OF CO TY COMMISSIONERS
DWtC IT E. BROCK, CLERK COLLAER CO Y, FLORIDA
BY:
Attest as to C3ailic' Slerk GE IA A. HILLER, ESQ.
a Q tgnature NR a!�. Chairwoman
Approved as to form and legal sufficiency:
Heidi Ashton-Cicko
Managing Assistant County Attorney
Attachments: Exhibit A - List of Allowable Uses
Exhibit B - Development Standards
Exhibit C - Master Plan
Exhibit D - Legal Description
Exhibit E - List of Requested Deviations
Exhibit F - Development Commitments
This ordinance filed with
ficetlhi a
e
Project History: Ordinance Number 2007-42 S2aenrcd.gaa
CP\12-CPS-01175\33 of ry ynw!_L5d» th,f ay t
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Buttonwood Preserve RPUD 2 of 2
PUDA-PL20120001105—Rev. I/11/13
EXHIBIT A
LIST OF PERMITTED USES
BUTTONWOOD PRESERVE RPUD
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 and Structures—"Ri"Areas:
1. Single-family detached dwelling units
2. Two-family and duplex dwelling units
B. Principal Uses and Structures-"R2"Areas:
1. Single family detached dwelling units
2. Two-family, duplex dwelling units
3. Single family attached dwelling units
3. Multi-family dwellings units
Any other principal and related use that is determined to be comparable to the foregoing by the Board
of Zoning Appeals pursuant to the process outlined in the Land Development Code (LDC).
C. Residential Accessory Uses and Structures:
Accessory uses customarily associated with Permitted Principle Uses including but not limited to:
1. Model homes and model home sales centers including offices for project administration,
construction, sales and marketing.
2. Indoor and outdoor recreational facilities and structures such as pools, fitness facilities, clubhouses,
community buildings, playgrounds, playfields, parks, walking trails and tennis courts limited to use
by residents and their guests only.
3. Incidental personal services such as ATM, laundry drop-off, mail kiosk, and other services limited to
use by residents only.
4. Accessory uses and structures customarily associated with the principal uses permitted in this
district, including but not limited to swimming pools, spas, screen enclosures, carports, garages and
utility buildings.
5. Temporary construction, sales, and administrative offices for developers and developers'
authorized contractors and consultants, including necessary access ways, parking areas and related
uses.
6. Entry Gates, Gatehouses, and access control structures.
7. Essential services, including interim and permanent utility and maintenance facilities.
8. Water management facilities and related structures.
9. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. Fishing
piers, community boat docks and similar structures are permitted within lakes areas.
Buttonwood Preserve
PUDA-PL2012-1105 Page 1 of 10
Last Revised:December 6,2012
10. Agricultural uses. The property owner shall be entitled to utilize the property for agricultural uses
until such time that the construction of infrastructure improvements commence in support of the
residential development.
Any other accessory use and related use that is determined to be comparable to the foregoing by the
Board of Zoning Appeals, pursuant to the process outlined in the Land Development Code (LDC).
D. Principal Uses and Structures—Preserve Areas:
1. Boardwalks, nature trails, shelters, educational kiosks, and other uses permitted within dedicated
preserves by the LDC, as long as clearing required to facilitate these uses does not impact the
minimum required native vegetation.
2. Water management structures
3. Any other uses that are comparable in nature and consistent with any uses described above as
determined by the Board of Zoning Appeals.
E. Development Density
A maximum of 220 dwelling units shall be constructed on lands designated "Ri" and "R2" on the
RPUD Master Plan.The gross project area is 55± acres and the residential density maximum shall be
4 units per acre.
Buttonwood Preserve
PUDA-PL2012-1105 Page 2 of 10
Last Revised:December 6,2012
EXHIBIT B
DEVELOPMENT STANDARDS
BUTTONWOOD PRESERVE RPUD
Development of the Buttonwood Preserve RPUD shall be in accordance with the contents of this Ordinance
and applicable sections of the LDC, Growth Management Plan (GMP) and Code of Laws and Ordinances 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 shall apply.
Table I below sets forth the development standards for land uses within the Buttonwood Preserve RPUD.
Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect
as of the date of approval of the SDP or subdivision plat. Site development standards for single family
detached, two-family, duplex, and single family attached dwelling units apply to individual residential lot
boundaries. Multi-family standards apply to the parcel boundaries.
TABLE I
BUTTONWOOD PRESERVE
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
PERMITTED USES Single Two Family Single Family Multi-family Recreation
AND STANDARDS Family and Duplex Attached
Detached
Minimum Lot Area 5,000 SF 3,500 SF*2 1,400 SF 9,000 SF N/A
Minimum Lot N/A
Width*3 42' 35' 16' 90'
Minimum Lot Depth 100' _ 100' 88' 100' N/A
MINIMUM YARD
PRINCIPAL USES
Front 20'*6 20'*6 20' *6 20' *6 15'
Side 6' 0'and 6' 0' and 6' *4 %: BH 10'
Rear 15' 15' 15' 15' 15'
Water body*1 20' 20' 20' 20' 20'
Preserve 25' 25' 25' 25' 25'
MINIMUM YARD
ACCESSORY USES
Front 20' *6 20' *6 20' *6 20' *6 SPS
Side 6' 0' and 6' 0'and 6' *4 '/A BH SPS
Rear 10' 10' 10' 10' SPS
Water body *1 20' 20' 20' 20' SPS
Preserve 10' 10' 10' 10' 10'
Max. Building Height
Zoned 35' 35' 45' 45' 35' *7
Actual 40' 40' 50' 50' 40'
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Last Revised:December 6,2012
No. of Stories 2 2 3 3 2
Minimum Distance
Between Detached
Principal Structures Sum of%: BH
*5 12' 12' 12' Sum of BH
Floor Area Min. 1000 SF 1000 SF 1000 SF 750 SF N/A
(S.F.)
All distances are in feet unless otherwise noted.
SPS= Same as principal structure
BH = Building height
*1 — Principal and accessory structures on waterfront lots shall be permitted to be constructed up to, but
not encroaching into a drainage easement, with a minimum setback of 20 feet from lake control elevation.
*2—each half of a duplex requires a lot area allocation of 3,500 square.feet for a total minimum lot area of
7,000 square feet.
*3 — Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area
requirement is maintained.
*4 — Zero foot minimum side setback on one side of building as long as a minimum 12 foot separation
between principal structures is maintained.
*5 — Building distance may be reduced at garage to a minimum of 10 feet if detached or 0 feet where
attached garages are provided. Multi-family principal buildings shall be separated a minimum of 20 feet
and garages a minimum of 10 feet.
*6 — Front entry building garages shall be setback a minimum of 23 feet from edge of sidewalk. The
minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or
rear entry garage.
*7—Clock towers or similar architectural features shall be permitted up to 45' zoned height and 50' actual
height
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PUDA-PL2012-1105 Page 4 of 10
Last Revised:December 6,2012
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08/01/12 REVISED PER COUNTY COMMENTS
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� a 1206/12 REVISED PER CCPC COMMENTS SOUTHWEST FLORIDA,L.L.C. _
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EXHIBIT D
LEGAL DESCRIPTION
BUTTONWOOD PRESERVE RPUD
PARCEL I-A:
THE WEST 30 FEET OF THE NORTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF
SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST; AND THE WEST 30 FEET OF THE SOUTH 1/2 OF
THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35, TOWNSHIP 48
SOUTH, RANGE 26 EAST, BOTH LOCATED IN COLLIER COUNTY, FLORIDA.
PARCEL I-C:
THE NORTH ONE-HALF (1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE NORTHEAST
QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, LESS AND EXCEPT THE WEST 30 FEET THEREOF FOR ROAD RIGHT-OF-WAY.
ALSO LESS AND EXCEPT:
COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID
FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID
SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES
26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE POINT OF
BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 0 I DEGREES 26' 03" EAST ALONG
SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF
SECTION 35;THENCE RUN SOUTH 89 DEGREES 12' 34"
EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01
DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR
645.98 FEET TO THE POINT OF BEGINNING.
PARCEL 2:
BEING A PART OF THE NORTH ONE-HALF (N 1/2) OF THE NORTHWEST QUARTER (NW 1/4) OF THE
NORTHEAST QUARTER (NE 1/4) OF SECTION 35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A CONCRETE MONUMENT MARKING THE NORTHWEST CORNER OF SAID
FRACTION OF SECTION 35, RUN SOUTH 89 DEGREES 10' 50" EAST ALONG THE NORTH LINE OF SAID
SECTION 35 FOR 30.00 FEET TO THE EAST LINE OF DAVILA STREET;THENCE RUN SOUTH 01 DEGREES
26' 03" EAST ALONG SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE POINT OF
BEGINNING. FROM SAID POINT OF BEGINNING CONTINUE SOUTH 01 DEGREES 26' 03" EAST ALONG
SAID EAST LINE OF DAVILA STREET FOR 334.82 FEET TO THE SOUTH LINE OF SAID FRACTION OF
SECTION 35;THENCE RUN SOUTH 89 DEGREES 12' 34"
EAST ALONG THE SOUTH LINE OF SAID FRACTION FOR 646.03 FEET; THENCE RUN NORTH 01
DEGREES 26' 34" WEST FOR 334.66 FEET; THENCE RUN NORTH 83 DEGREES 11' 43" WEST FOR
645.98 FEET TO THE POINT OF BEGINNING.
PARCEL 3:
THE NORTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION
35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
Buttonwood Preserve
PUDA-PL2012-1105 Page 6 of 10
Last Revised:December 6,2012
PARCEL 4:
THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION
35, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND LESS THE WEST 30
FEET THEREOF FOR ROAD RIGHT OF WAY PURPOSES.
PARCEL 5:
TRACT 2, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B.
22, PAGE(S) 70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL 6:
TRACT I, GREEN HERON ACRES, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN P.B.
22, PAGE(S)70, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PARCEL 7:
THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 35,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
CONTAINING 55+/-ACRES, MORE OR LESS.
Buttonwood Preserve
PUDA-PL2012-1105 Page 7 of 10
Last Revised:December 6,2012
EXHIBIT E
LIST OF REQUESTED DEVIATIONS FROM LDC
BUTTONWOOD PRESERVE RPUD
Deviation No. 1: Deviation from LDC Section 5.03.02.C, which permits a maximum wall/fence height
of six(6)feet in residential zoning districts.The requested deviation is to allow for a maximum height
of eight (8) feet for a wall/fence or combination wall/fence/berm along the RPUD perimeter
property lines.
Deviation No. 2: Deviation from LDC Section 5.04.04.B.3.e, which provides that a temporary use
permit for a model home (occupied or unoccupied) and sales center shall be issued initially for a
period of three (3) years. The requested deviation is to allow the model homes and sales center to
remain in use up to six (6)years without requiring a conditional use.
Deviation No. 3: Deviation from LDC Section 5.04.04.B.5.c, which provides that a maximum of five
(5) models, or a number corresponding to ten (10) percent of the total number of platted lots,
whichever is less, per platted, approved development shall be permitted prior to final plat approval
as specified above. The requested deviation is to allow a maximum of 15 model homes and a sales
center to be permitted in the RPUD. Each time the developer applies for a model building permit,
they shall be required to inform the County how many model homes are in operation.
Deviation No. 4: Deviation from LDC Section 5.04.06.A.3.e which allows temporary signs on
residentially zoned properties up to 4 square feet in area or 3 feet in height.The requested deviation
is to allow a temporary sign or banner up to a maximum of 32 square feet in area and a maximum of
8 feet in height.The temporary sign will be permitted a maximum of 60 days per calendar year.
Deviation No. 5: Deviation from LDC Section 5.06.02.6.5, which requires on-premise directional
signs to be setback a minimum of 10' from internal property lines. The requested deviation is to
allow for on-premise direction signage to be setback a minimum of 5' from internal property lines.
This deviation does not apply to property adjacent to public roadways.
Deviation No.6: Deviation from LDC Section 6.06.01.0, which requires a minimum width of 60 feet
for cul-de-sac and local street rights-of-way. The requested deviation is to allow for a minimum 50-
foot wide right-of-way for private, local streets internal to the proposed development.
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PUDA-PL2012-1105 Page 8 of 10
Last Revised:December 6,2012
EXHIBIT F
DEVELOPMENT COMMITMENTS
BUTTONWOOD PRESERVE RPUD
1. PURPOSE
The purpose of this Section is to set forth the general development commitments for the project.
2. PUD MONITORING
One entity(hereinafter the Managing Entity) shall be responsible for PUD monitoring until close-out
of the PUD, and this entity shall also be responsible for satisfying all PUD commitments until close-
out of the PUD. At the time of this PUD approval,the Managing Entity is Buttonwood Partners, LLC.
Should the Managing Entity desire to transfer the monitoring and commitments to a successor
entity, then it must provide a copy of a legally binding document that needs to be approved for
legal sufficiency by the County Attorney. After such approval, the Managing Entity will be released
of its obligations upon written approval of the transfer by County staff, and the successor entity
shall become the Managing Entity. As Owner and Developer sell off tracts, the Managing Entity
shall provide written notice to County that includes an acknowledgement of the commitments
required by the PUD by the new owner and the new owner's agreement to comply with the
Commitments through the Managing Entity, but the Managing Entity shall not be relieved of its
responsibility under this Section. When the PUD is closed-out, then the Managing Entity is no
longer responsible for the monitoring and fulfillment of PUD commitments.
3. ENVIRONMENTAL
3.1 The developer shall retain a minimum of 11.6 acres of native vegetation on-site.
3.2 The developer shall provide a Big Cypress Fox Squirrel management plan as part of the first
development order submittal.
4. TRANSPORTATION
4.1 Arterial level street lighting shall be provided at all access points. Access lighting shall be in
place prior to issuance of the first certificate of occupancy(CO).
4.2 All internal roads, driveways, alleys, pathways, sidewalks shall be operated and maintained
by an entity created by the developer and Collier County shall have no responsibility for
maintenance of any such facilities.
4.3 A portion of the Buttonwood Preserve RPUD is subject to a Developer Contribution
Agreement, recorded as OR Book 3730, Pages 0876-0893 in the Public Records of Collier
County, Florida. Development shall occur consistent with this agreement and/or subsequent
developer contribution agreements.
Buttonwood Preserve
PUDA-PL2012-1105 Page 9 of 10
Last Revised:December 6,2012
4.4 The developer agrees to accept the stormwater run-off from the right-of-way for that
portion of Tree Farm Road east of the project entrance and treat the run-off within the
project's water management system. Thereafter, the County shall allow the developer to
convey the public and private treated stormwater run-off within the south side of the Tree
Farm Road right-of-way and discharge into the County's Collier Boulevard/CR 951 canal
system upon issuance of a road right-of-way permit. Maintenance of this conveyance
system will be shared with the developer his successor and or assigns on a prorated basis
using the percentage of stormwater that is private compared to public.
4.5 The owner shall provide all future property owners within the PUD access to property
within the PUD until re-platting occurs and alternate access is provided to all such property
owners.
5. PLANNING
The developer, or its successors or assigns, shall construct a minimum 6' high masonry wall east of
the southwest property boundary for a distance of approximately 400' linear feet. The wall shall
have the same architectural design as the wall constructed on the common property line of the
Bristol Pines PUD. In addition, from the eastern terminus of the wall, the Developer shall install a 6'-
8' high black vinyl chain link fence or wall east along the remaining southerly project boundary, then
north along the eastern property line for a distance to a point approximately 800' north of the
project boundary. The wall and fence may be installed on berm. The approximate location of each
wall/fence section is labeled on the RPUD Conceptual Master Plan, Exhibit C. The developer, or its
successors or assigns shall construct a fence or wall along the southwest corner of the project as
shown on the RPUD conceptual Master Plan, Exhibit C.
Buttonwood Preserve
PUDA-PL2012-1105 Page 10 of 10
Last Revised:December 6,2012
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 2013-18
which was adopted by the Board of County Commissioners
on the 22nd day of January, 2013 , during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of January, 2013 .
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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B . Teresa C „nno ,
Deputy Clpark..�> `