Ordinance 2000-067ORDINANCE NO. 2000- 6 7
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 9618N;
BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURE TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS ARLINGTON
LAKES PUD LOCATED ON THE WEST SIDE OF WHIPPOORWILL LANE,
APPROXIMATELY 1,850 FEET SOUTH OF PINE RIDGE ROAD (C.R. 896),
IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 98.36± ACRES; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau of McAnly Engineering & Design, Inc., representing S. J. Benson &
Associates, Inc., 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 18, Township 49 South,
Range 26 East, Collier County, Florida, is changed from "A" Rural Agriculture to "PUD" Planned Unit
Development in accordance with the Arlington Lakes PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Map numbered 9618N, as described in Ordinance
Number 91 102 the Collier County Land Development Code is hereby amended accordingly ·
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier Ooufity Elorida; thi~
'~' ~'~"~ BOARD OF COLrNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
' ' arter~
ATTEST:
· , James D. i Ph.Ds CHAIRlVIAN
[YW1GHT E. BROCK, CLERK
Attest as to Chatr=an's
signature on15.
Approved as tu Form
and Legal Sufficiency
Marjorie(l~l. Student
Assistant County Attorney
This ordinance fihd with the
Secretary of State's Office the
~day of ~)'~-. ,
and acknowledgement of that
fi~in~.received this ~¢~ ~y
g/admin/PU D-2000-12/DM/im
-1-
ARLINGTON LAKES
A
PLANNED UNITDEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING ARLINGTON LAKES,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
S.J. BENSON/ASSOCIATES, INC.
124 WEST COMSTOCK AVENUE
WINTER PARK, FLORIDA 32?89
PREPARED BY:
McANLY ENGINEERING AND DESIGN, INC.
5435 PARK CENTRAL COURT
NAPLES, FLORIDA 34109
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
6/21/2000
Exhibit "A"
TABLE OF CONTENTS
List of Exhibits and Tables
Statement of Compliance
Section I
Section II
Section III
Section IV
Section V
Property Ownership and Description
Project Development Requirements
Residential Development Standards
Preserve Area
Development Commitments
i
ii
I-1
II-1
III-1
IV-1
V-I
LIST OF EXHIBITS AND TABLES
EXHIBIT A
TABLE I
TABLE II
PUD MASTER PLAN
PROJECT LAND USE TRACTS
RESIDENTIAL DEVELOPMENT
STANDARDS
i
STATEMENT OF COMPLIANCE
The development of approximately 98.36 acres of property in Collier County as a Planned Unit
Development to be known as Arlington Lakes will be in compliance with the goals, objectives and
policies of Collier County as set forth in the Growth Management Plan. The residential and
recreational facilities of the Arlington Lakes PUD are consistent with the growth policies, land
development regulations, and applicable comprehensive planning objectives of each of the elements
of the Growth Management Plan for the following reasons:
The subject property for development is within the Urban Mixed Use District/Urban
Residential Subdistrict as identified on the Future Land Use Map as provided for in
Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are
consistent therewith.
The project is a proposed to be a residential development located less than one mile from, a
designated Interchange Activity Center (Activity Center # 10). The Density Rating System
of the FLUE provides for a 3 dwelling unit per gross acre density bonus when a proposed
project is within one mile of an Activity Center. This density bonus of 3 dwelling units per
gross acre added to the base density of 4 dwelling units per gross acre provides for a gross
project density of 7 dwelling units per acre. The proposed density of the Arlington Lakes
PUD is 6.0 units per gross acre, which is less than what is provided for by the FLUE
Density Rating System, and is therefore consistent with the Future Land Use Element,
Policy 5.1. of the Collier County Growth Management Plan.
The development will be compatible with and complementary to existing and planned
surrounding land uses.
The development of the Arlington Lakes PUD will result in an efficient and economical
extension of community facilities and services as required in Policies 3.1 .H and L of the
Future Land Use Element.
The Arlington Lakes PUD is consistent with and furthers Policy 5.5 of the Future Land Use
Element in that it is using existing land zoned for urban uses.
The Arlington Lakes PUD implements Policy 5.6 of the Future Land Use Element in that
more than 60% of the project will be open space or reserved for conservation purposes.
The Master Development Plan, with its extensive natural area, lakes and open space areas,
and with its moderate residential density, will insure that the developed project will be an
attractive and enjoyable residential development.
SECTION !
PROPERTY OWNERSHIP AND DESCRIPTION
1.1
1.2
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 Arlington Lakes PUD.
LEGAL DESCRIPTION
A parcel of land lying in the West half(W ½) of Section 18, Township 49 South, Range 26
East, Collier County, Florida, and more particularly described as follows:
THE NORTH HALF, OF THE NORTHWEST QUARTER (NW 'A), OF THE
SOUTHWEST QUARTER (SW V4), OF SECTION 18, TOWNSHIP 49, SOUTH, RANGE
26 EAST, COLLIER COUNTY~ FLORIDA.
AND;
THE NORTH HALF (N ½), OF THE SOUTHEAST QUARTER (SE V4), OF THE
SOUTHWEST QUARTER (SW %), OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA.
AND;
THE NORTHEAST QUARTER (NE 1/4/'), OF THE SOUTHWEST QUARTER (SW *A)
OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
AND;
THE SOUTH HALF (S ½), OF THE SOUTHEAST QUARTER (SE %), OF THE
NORTHWEST QUARTER (NW %), OF SECTION 18, TOW2qSHIP 49 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA.
THE ABOVE DESCRIBED TRACTS CONTAINING 98.36 TOTAL ACRES, MORE OR
LESS.
SUBJECT TO THE EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF
RECORD.
1.3 PROPERTY OWNERSHIP
1.4
The subject property is owned by Land Trust 5146-1, Dominique Rihs, Trustee. The
property is under a contract for purchase with S.J. Benson & Associates, Inc.
PHYSICAL DESCRIPTION
The development property is located in the West half of Section 18, Township 49 South,
Range 26 East. The proposed project site is presently undeveloped, but has an existing
borrow pit on the southerly portion of the property. Historically timbering and cattle
grazing have occurred on the property. The majority of the property's jurisdictional
wetlands have been extensively infested with the exotic species Melaleuca. The property is
generally without topographic relief, with elevations ranging fi'om 10.1' to 12.1' above
mean sea level. The site contains extensive areas of jurisdictional wetlands that are
characterized as transitional wetlands in which the predominant vegetation is Melaleuca,
with a mix of pine and cypress and associated upland and wetland plants.
I-1
The water management system consists of approximately 34 acres open space that will
receive runoff from structures and parking areas. Runoff is collected by catch basins and
culvert systems for conveyance to the central flow-way. The lakes are interconnected by
culverts and/or the preserve areas, with project outfail being at the project's southeasterly
comer to connect with the flow-way proposed in the Whippoorwill Woods PUD.
Discharge from the Whippoorwill Woods PUD will be into the 1-75 Right-of-Way and the
D-2 Canal. Allowable discharge rates will be in accordance with Collier Coumy Ordinance
No. 90-10.
1.5 PROJECT DESCRIPTION
The Arlington Lakes PUD shall be a residential development. The amenities proposed to be
provided in the project include structures and areas to provide social and recreational space,
lakes, natural and landscaped open spaces, and a variety of passive and active recreational
opportunities. Access to the property will be from the proposed Livingston Road and
Whippoorwill Lane. The segment of Livingston Road between Golden Gate Parkway and
Pine Ridge Road is planned to be improved with a four-lane divided roadway programmed
to be completed in 2001 (Capital Road Project #52).
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services will be provided as deemed appropriate.
1.6 SHORT TITLE
This Ordinance shall be known and cited as the "Arlington Lakes Planned Unit
Development Ordinance".
I-2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County Ordinances, the respective land uses of the
Arlington Lakes PUD development, as well as other project relationships.
2.2 GENERAL
2.3
Regulations for development of the Arlington Lakes PUD shall be in accordance
with the contents of this document, PUD-Planned Unit Development District and
other applicable sections and parts of the Collier County Land Development Code
and Growth Management Plan in effect at the time of building perufit application.
Where these regulations fail to provide developmental standards, then the provisions
of the most similar district in the County Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at the
time of building permit application.
All conditions imposed and all graphic material presented depicting restrictions for
the development of the Arlington Lakes PUD shall become part of the regulations
which govern the manner in which the PUD site may be developed.
Unless modified, waived or excepted by this PUD, the provisions of other sections
of the Land Development Code, where applicable, remain in full force and effect
with respect to the development of the land which comprises this PUD.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities, of the County Land Development Code, at the earliest or next to occur of
either Final Site Development Plan approval, Final Plat approval, or building permit
issuance applicable to this development.
DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
The project Master Plan, including layout of streets and use of land is iljustrated
graphically by Exhibit "A", PUD Master Plan.
TABLEI
PROJECT LAND USE TRACTS
TRACT"W'
TRACT"P"
TYPE UNITS/SQ, FT. ACREAGE+
RESIDENTIAL 590 79.4
PRESERVE 0 19.0
II-1
Areas iljustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas, lakes and intermittent wet
and dry areas shall be in the same general configuration and contain the same
general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or
other boundaries may be permitted at the time of Final Plat or Site Development
Plan approval, subject to the provisions of Sections 3.2.6.3.5. and 2.7.3.5.
respectively, of the Collier Cotmty Land Development Code, or as otherwise
permitted by this PUD document.
In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 590 residential dwelling units may be constructed in the total project area.
The gross project area is approximately 98.36 acres. The gross project density, therefore,
will be a maximum of 6.0 dwelling units per acre. Should Assisted Living Facility (ALF)
development be proposed, the prqject density shall be reduced by one (1) dwelling unit per
acre for every four (4) ALF units proposed.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
Prior to Final Local Development Order issuance for all or part of the PUD, final
plans of all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the PUD Master Plan and
the Collier County Land Development Code.
Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Any division of property and the development of the land shall be in compliance
with Division 3.2 of the Collier County Land Development Code, and the platting
laws of the State of Florida.
The provisions of Division 3.3 of the Collier County Land Development Code, when
applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
Appropriate instruments will be provided at the time of infrastructural improvements
regarding any dedications and methods for providing perpetual maintenance of
common facilities.
Prior to the development of a zero lot line product (single-family detached units
following the development standards set forth in Sub-sections 3.4.B.2), 3.4.C.3),
and 3.4.D.3) of this document), in which each unit is on a separately platted lot, the
developer shall submit a Preliminary Subdivision Plat showing the building envelope
on all of the lots intended for zero lot line construction to the Planning Services
Department for purposes of indicating zero lot line relationships, provision for
achieving the minimum space between buildings, and to ensure that no one lot is
adversely impacted by failing to provide the required side-yard in a uniform manner.
The Preliminary Subdivision Plat shall also show typical lots, and the footprints of
the proposed residences.
II-2
2.6 LAKE SETBACK AND EXCAVATIONS
2.7
The lake setback requirements described in Section 3.5.7.1 of the Land Development Code
may be reduced with the administrative approval of the Collier County Community
Development and Environmental Services Administrator, or his designee. Lakes may be
excavated to the maximum commemial excavation depths set forth in Section 3.5.7.3.1. of
the Land Development Code, however, removal of fill fi-om the Arlington Lakes PUD shall
be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the
total volume excavated unless a commercial excavation permit is received.
USE OF RIGHTS-OF-WAY
2.8
All platted project streets shall be private and shall be classified as local streets.
Utilization of lands within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the Collier County Community Development and Environmental
Services Administrator, or his designee, for engineering and safety considerations
prior to installation.
Off street parking facilities required for multi-family uses shall be accessed by
parking aisles or driveways that are separate from any roads which serve more than
one development. A green space area of not less than ten (10') feet in width as
measured fi'om pavement edge shall separate any parking aisle or driveway from any
abutting road.
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master
Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County
Land Development Code. Minor changes and refinements as described in Section 5.3.C. of
this PUD document may be made in connection with any type of development or permit
application required by the Collier County Land Development Code.
2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES
Easements shah be provided for water management areas, rights-of-way, utilities and other
purposes as required. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time of adoption of this Ordinance
establishing the Arlington Lakes PUD.
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of residential units or real property within the Arlington Lakes PUD, the
developer shall provide appropriate legal instruments for the establishment of a Property
Owners' Association, or Master Condominium Association, whose function shall include
provision for the perpetual care and maintenance of all common facilities and open space,
subject further to the provisions of Section 2.2.20.3.8. of the Collier County Land
Development Code.
II-3
2.10 MODEL AND SALES FACILITIES
Models, sales/rental centers and other uses and structures related to the promotion and sale
and/or rental of real estate such as, but not limited to, pavilions, viewing platforms,
gazebos, parking areas, and signs, shall be permitted principal uses throughout the
Arlington Lakes PUD subject to the requirements of Division 2.4, Division 2.5, and Section
2.6.33.4. of the Collier County Land Development Code.
2.11 FILL STORAGE
Notwithstanding the provisions of Section 3.2.8.3.6. of the Collier County Land
Development Code, fill storage is generally permitted as a principal use throughout the
Arlington Lakes PUD. Fill material generated may be stockpiled within areas designated
for residential development. Prior to stockpiling in these locations, a Vegetation Removal
and Site Filling Permit, along with plans showing the locations and cross-sections shall be
submitted to Collier County Planning Services Staff for review and approval. The following
standards shall apply:
A. Stockpile maximum side slope: 3:1
B. Stockpile maximum height: thirty-five (35) feet
C
Fill storage areas shall be screened with a security fence at Icast six (6) Ikect in height
above ground level. If fill is spread to a height less than lbur li:et ovcr residential
development areas that are depicted on an approved Site Development Plan, no
fencing is required.
Soil erosion control shall be provided in accordance with Division 3.7 of the Land
Development Code, and stockpiling retained for periods greater than 90 days be
seeded with grass. If fill is spread to a height less than four feet over residential
development areas which are depicted on an approved Site Development Plan,
erosion control is required, but no seeding with grass is required.
E. Fill storage shall not be permitted in Preserve Areas (Flow Way).
2.12 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Arlington Lakes PUD requires a permit fi'om a
local, State, or Federal agency with jurisdiction over the property proposed for
development, the developer shall obtain such permits prior to final development order
approval.
2.13 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Collier County Growth Management Plan, and Section 3.9.5.5.3 of the Collier County Land
Development Code; a minimum of 20.51 acres (25% of the viable, naturally fi~nctioning
native vegetation on site) is required to be retained or replanted.
2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD
Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a
part of the Land Development Code and shall be the standards of development for the PUD.
Thenceforth, development in the area delineated as the Arlington Lakes PUD District on the
Official Zoning Atlas will be governed by the adopted development regulations and PIJD
Master Plan.
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SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on the PUD Master Plan, Exhibit "A".
3.2 MAXIMUM DWELLING UNITS
3.3
The maximum number of residential dwelling units allowed within the PUD shall be
established at the time of development plan review, but shall not exceed 590 dwelling units.
Should Assisted Living Facility (ALF) development be proposed, the project density shall
be reduced by one (1) dwelling unit per acre for every four (4) ALF units proposed.
USES PERMITTED
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:
1) Single-Family detached dwellings.
2) Single-family attached dwellings, zero lot line and patio dwellings and/or
multi-family dwellings.
3) Group care facilities (category I and II), care units, nursing homes, assisted
living facilities pursuant to § 400.402 F.S. and Chapter 58A-5 F.A.C., and
continuing care retirement communities pursuant to § 651 F.S. and Chapter
4-193 F.A.C., all subject to Section 2.6.26 of the Collier County Land
Development Code.
4) Model Homes (See Section 2.10 of this PUD Document).
B. Accessory Uses:
1) Custorna~ accessory uses and structures including but not limited to private
garages, tennis facilities, and swimming pools with or without screened
enclosures.
2) Utility facilities and or easements (including rights-of-way easements).
3) Signage (see Section 5.11 of this document).
4) Water management facilities/lakes.
5) Storage areas, for the exclusive use of the residents of the PUD.
6) Project sales and administrative offices, which may occur in a residential or
recreational building and/or in a temporary building until such time as
permanent structures are available.
IIl- 1
3.4
DEVELOPMENT STANDARDS
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. Front yard setbacks shall be measured from back of curb or edge of
pavement, whichever is closer to the structure, Condominium/homeowners
association boundaries shall not be utilized for determining development standards.
B. MINIMUM LOT AREA:
1) Single family lots: 6,000 square feet.
2) Attached single family, villa/patio homes, and zero lot line dwellings: 3,000
square feet of site area per dwelling unit.
3) Multi-family parcels: 1 acre.
C. AVERAGE LOT WIDTH:
1) Single family lots: Interior lots: 60 feet;
Corner lots: 70 feet.
2) Attached single family dwelling units: 30 feet per single story dwelling unit; 25
feet per two story dwelling unit. Comer lots shall provide an additional 10 feet.
2) Villa/patio homesites, and zero lot line lots: Interior lots: 50 feet;
Comer lots: 60 feet.
4) Multi-family parcels: 150 feet.
Note: Lots located on a cul-de-sac or the radius of a curved street shall have no less
than 80% of the required lot width at the fi'ont setback line.
D. MINIMUM YARDS (Principal Structures):
1) Single family detached:
Front Yard: 25 feet.
Side Yard: 7.5 feet for single story structures, and 10 feet for 2-story structures.
Rear Yard: 20 feet.
Minimum Distance Between Structures: 15 feet for single story structures, and
20 feet for two story structures.
2) Single family attached:
From Yard: 20 feet.
Side Yard: 5 feet for one story structures, and 7.5 feet for two story structures.
Rear Yard: 15 feet.
Minimum Distance Between Structures: 10 feet for single story structures, and
15 feet for two story structures.
3) Villa/patio homes, and zero lot line:
From Yard: 20 feet.
Side Yard: 0 feet or 5 feet.
Zero feet (0') minimum side yard setback on either or both sides, provided a
minimum 10 foot (10') separation between principal structures in maintained.
Rear Yard: 15 feet.
Minimum Distance Between Structures: 10 feet.
III-2
4) Multi-family and group care facilities:
Front Yard: 20 feet.
Side Yard: 15 feet, or where adjacent to a lake 0 feet from the lake control
elevation, notwithstanding the required 20 foot lake maintenance easement.
Rear Yard: 20 feet, or where adjacent to a lake 0 feet from the lake control
elevation, notwithstanding the required 20 foot lake maintenance easement.
Minimum Distance Between Structures: 15 feet, or one-half of the sum of the
heights of adjacent buildings, measured from exterior walls, whichever is
greater.
MINIMUM YARDS (Accessory Structures):
1) Single family detached:
Front Yard: Same as principal structure.
Side Yard: Same as principal structure, or where adjacent to a lake 0 feet from
the lake control elevation, notwithstanding the required 20 foot lake
maintenance easement.
Rear Yard: 20 feet, or where adjacent to a lake 0 feet from the lake control
elevation, notwithstanding the required 20 foot lake maintenance easement.
Attached: 10 feet, or where adjacent to a lake 0 feet from the lake
control elevation, notwithstanding the required 20 foot lake
maintenance easement.
2) Single family attached:
Front Yard: Same as principal structure.
Side Yard: Same as principal structure, or where adjacent to a lake 0 feet fi'om
the lake control elevation, notwithstanding the required 20 foot lake
maintenance easement.
Rear Yard: Detached: 15 feet, or where adjacent to a lake 0 feet from the lake
control elevation, notwithstanding the required 20 foot lake maintenance
easement.
Attached: 10 feet, or where adjacent to a lake 0 feet from the lake
control elevation, notwithstanding the required 20 foot lake
maintenance easement.
3) Villa/patio homes, and zero lot line:
Front Yard: Same as principal structure.
Side Yard: Same as principal structure, or where adjacent to a lake 0 feet from
the lake control elevation, notwithstanding the required 20 foot lake
maintenance easement.
Rear Yard: Detached: 15 feet, or where adjacent to a lake 0 feet from the lake
control elevation, notwithstanding the required 20 foot lake maintenance
easement.
Attached: 10 feet, or where adjacent to a lake 0 feet from the lake
control elevation, notwithstanding the required 20 foot lake
maintenance easement.
III-3
4)
Multi-family and group care facilities:
Front Yard: Same as principal structure.
Side Yard: Same as principal structure, or where adjacent to a lake 0 feet from
the lake control elevation, notwithstanding the required 20 foot lake
maintenance easement.
Rear Yard: Detached: 20 feet, or where adjacent to a lake 0 feet from the lake
control elevation, notwithstanding the required 20 lbot lake maintenance
casement.
Attached: 10 feet, or where adjacent to a lake 0 feet from the lake
control elevation, notwithstanding the required 20 foot lake
maintenance easement.
PUD PERIMETER BOUNDARY BUILDING SETBACKS:
Twenty-five feet (25') plus I foot for every one foot of height over 25 feet (2-
stories), in addition to required buffers. PUD building setback from Livingston
Road right-of way: 40 feet plus I foot for every one foot of height over 40 feet (4-
stories) plus 15 feet of compensating right-of-way for any required
acceteration/deceleration lanes in addition to required buffers. PUD building
setback from Whippoorwill Lane: Thirty-five feet (35') plus I foot for every I foot
of height over 35 feet (3-stories) in addition to required buffers and any required
compensating right-of-way tbr acceleration/deceleration lanes.
MINIMUM FLOOR AREA:
1 ) Single family detached dwelling units: 1,200 square feet.
2) Single family attached, zero lot line, villa/patio homes: 1,000 square feet.
3) Multi-family and group care facilities: 750 square feet.
OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
MAXIMUM HEIGHT
1) Single family attached or detached, villa/patio homes, and zero lot line homes:
Two stories above the nfinimum flood elevation.
2) Multi-family homes and group care facilities: Four stories above the minimum
flood elevation.
3) Accessory structures: 35 feet, or 2 stories, whichever is greater, above the
minimum flood elevation, except for attached screen enclosures, which may be
the height of the principal structure.
CjustER DEVELOPMENT
In the event a housing project (including infrastructure) is designed with a common
architectural theme, the Collier County Development Services Director may permit
variations from the previously listed residential development regulations. Prior to
approval and subject to the provisions of Division 3.3 of the Collier County Land
Development Code, the Collier County Development Services Director shall insure
that the plans are appropriate for and compatible with the surrounding area, and the
basic intent of the PUD standards are complied with.
III-4
DE,VELOPMENT
STANDARDS
TABLE I1
RESIDENTIAL
DEVELOPMENT STANDARDS
SINGLE SINGLE ZERO MULTI-
FAMILY FAMILY LOT LINE FAMILY~
DETACttED ATTACHED PATIO\VILLA GROUP CARE
PRINCIPALSTRUCTURES
MINIMUM LOT AREA
6,000 S.F. 3,000 S.F. 3,000 S.F. I ACRE
AVERAGE LOT WIDTH 60 FEET
30 FEET~ 50 FEET 150 FEET
25 FEET2
MIN. FLOOR AREA
1,200 S.F. 1,000 S.F. 1,000 S.F. 750 S.F.
FRONT YARD 25 FEET 20 FEET 20 FEET 20 FEET
SIDE YARD
7.5 FEET 7.5 FEET~ 0 FEET or 15 FEET
10 FEET2 10 FEET'~ 5 FEET; or V2 BH
REAR YARD 20 FEET 15 FEET 15 FEET 20 FEET
MIN. DIST.
BETWEEN STRUCTURES
15 FEET 10 FEET 10 FEET 15 FEET4
MAX. BLDG. HT.
2 STORIES5 2 STORIES6 2 STORIES~ 4 STORIES
ACCESSORYSTRUCTURES
FRONT S.P.S. S.P.S. S.P.S. S.P.S.
SIDE S.P.S. S.P.S. S.P.S. S.P.S.
REAR (ATTACHED) 10 FEET 10 FEET 10 FEET 10 FEET
(DETACHED) 20 FEET 15 FEET 15 FEET 20 FEET
MAX. BLDG. HT.
35 FEET6 35 FEET6 35 FEET6 35 FEET('
Note: The location of structures proposed adjacent to the "flowway"/preserve, shall be
subject to the provisions of Section 3.2.8.4.7.3 of the Land Development Code. Principal
structures shall have a minimum 25-foot setback fi'om wetland preserves. Accessory
structures shall have a minimum 1 O-foot setback from such preserves.
Average Lot Width: The average distance between straight lines connecting front and rear
property lines at each side of the parcel, measured as straight lines between the foremost
points of the side parcel lines in the front (at the point of the intersection with the front
parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with
the rear parcel line). Lots located on a cul-de-sac or the radius of a curved street shall have
no less than 80% of the required lot width at the front setback line.
S.P.S.: Same as Principal Structures.
BH: Building Height.
III-5
Applicable to single story dwelling units.
Applicable to two story dwelling units.
Zero foot (0') minimum side yard setback on either or both sides, provided a minimum 10 foot (10') separation
between principal structures is maintained.
15 feet, or one half of the sum of the heights of adjacent buildings, measured from the exterior walls, whichever is
greater.
Building height shall be measured from the finished floor elevation.
35 feet, or 2 stories, whichever is greater, above the minimum finished floor elevation, except for attached screen
enclosures, which may be the height of the principal structure.
SECTION IV
PRESERVE AREA
4.1
4.2
PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as
Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and
purpose of this Tract is to preserve and protect vegetation and naturally functioning
habitats, such as wetlands, in their natural state, and to provide a "flowway" for area-wide
surface water conveyance. It should be understood, that a Florida Power and Light
transmission line and right-of-way easement may cross the proposed Preserve Tract
("ttowway").
USES PERMITTED
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 the issuance of regional, State and
Federal permits, when required:
Principal Uses:
1) Open spaces/Nature preserves.
2) Water management structures.
3) Mitigation areas.
4) Hiking trails, beardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes,
subject to approval by permitting agencies.
IV-I
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 GENERAL
5.3
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans (if required), and all applicable State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated otherwise, the
standards and specifications of the Land Development Code of Division 3.2 shall apply to
this project even if the land within the PUD is not to be platted. The developer, its
successors and assigns, shall be responsible for the commitments outlined in this document.
The developer, it's successor or assignee, shall follow the Master Development Plan and the
regulations of the PUD, as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor or assignee in title to
the developer is bound by any commitments within this agreement. These commitments
may be assigned or delegated to a condominium/homeowners' association to be created by
the Developer. Upon assignment or delegation, the Developer shall be released from
reJponsibility for the commitments.
PUD MASTER DEVELOPMENT PLAN
Ao
Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land Development
Code, amendments may be made from time to time.
All necessary easements, dedications, or other iustmments shah be granted to insure
the continued operation and maintenance of all services and all common areas in the
project.
The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the
Arlington Lakes PUD Master Plan upon written request of the developer.
1) The following limitations shall apply to such requests:
The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and the Arlington Lakes PUD
document.
The minor change or refinement shall not constitute a substantial change
pursuant to Subsection 2.7.3.5.1. of the Collier County Land
Development Code.
V-1
The minor change or refinement shall be compatible with adjacent land
uses, and shall not create detrimental impacts to abutting land uses,
water management facilities, and Preserve Areas within, or external to
the PUD boundaries.
2)
The following shall be considered minor changes or refinements, subject to
the limitations of Subsection 5.3.C. 1) of this document:
Reconfiguration of Preserve Areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review and
permitting. There may be no overall decrease in Preserve Area.
Reconfiguration of lakes or other water management facilities where
such changes are consistent with the criteria of the South Florida Water
Management District and Collier County.
Internal realignment of roadways, other than a relocation of access
points to the PUD itself, where no water management facility,
conservation/preservation areas, or required easements are effected or
otherwise provided for.
d. Reconfiguration of residential parcels when there is no proposed
encroachment into Preserve Area, except as provided for in "a." above.
3)
Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
Ordinances and regulations prior to the Administrator's consideration for
approval.
4)
Approval by the Administrator of a minor change or refinement may occur
independently fi'om and prior to any application for Subdivision (if required),
or Site Development Plan approval, however, the Administrator, or his
designee's approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all
applicable County permits and approvals.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of
the Land Development Code.
5.5 TRANSPORTATION
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
A gatehouse/limited access facility shall be permitted within the project's main
entrance areas, but shall not be located so as to impede traffic flow on Livingston
Road or Whippoorwill Lane, nor shall such facilities be located within the
Livingston Road or Whippoorwill Lane rights-of-way.
All access points shall be consistent with the Collier Coonty Access Management
Policy, Resolution 92-422.
V~2
The applicant shall be respons~le for the installation of arterial level lighting at all
project entrances prior to issuance of the first "permanent" Certificate of
Occupancy.
Project entrances shall be designed to preclude the hacking-up of entering vehicles
onto Livingston Road or Whippoorwill Lane. If access is to be controlled by means
of a gatehouse or card-controlled gate, the gate or gatehouse shall be designed,
located and operated so not to permit such vehicular hack-up. The minimum throat
length for vehicle stacking shall be 100 feet.
Any access road extensions to the project cometed by the Developer shall be to
Collier County minimum construction standards. The portion of Whippoorwill Lane
on the subject site shall be dedicated to Collier County upon completion of
construction.
5.6
PLANNING
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
ho
The valuation of land for the acquisition of the Whippoorwill Lane right-of-way and
the east/west road right-of-way shall be borne proportionately by the Developer on
a per unit basis with all development projects having frontage on, or access to
Whippoorwill Lane, or its east/west extension, which by design enables traffic to
utilize Whippoorwill Lane. Said valuation shall be based on the provisions of
Section 2.2.20.3.7. of the Land Development Code.
If the Developer and/or another developer having frontage on, or access to
Whippoorwill Lane, or its east/west extension constructs the north/south segment of
Whippoorwill Lane, or its east/west extension as a public road (road developer), and
the road developer's cost for such exceeds the amount of the road developer's
project's road impact fees (based upon the rate schedule in the County's adopted
Road Impact Fee District Ordinance Schedule), the road developer shall be rebated
amounts in excess of the road developer's project's road impact fees upon receipt by
Collier County of other development's road impact fees collected within Road
Impact Fee District Two pursuant to terms of a Developer Contribution Agreement.
The "flowway" provided and depicted as Tract P, Preserve on the Arlington Lakes
PUD Master Plan shall be considered an "area-wide" drainage facility, and shall be
under the control of Collier County. The costs associated with improving that
"flowway" to provide the area-wide drainage facility shall be considered in excess of
the drainage requirements for the Arlington Lakes development. Said costs with
area-wide benefits incurred by this development shall be recognized as all of this
development's participation in area-wide drainage facilities in the required
Developer Contribution Agreement, or other appropriate mechanism.
A sanitary sewer collection system and potable water supply distribution system
shall be designed having area-wide design standard specifications as determined
acceptable to the Collier County Public Works Engineering Division. Design
specifications resulting in incurred costs to this Project but having area-wide benefits
will be prorated against this project but will be proportionally shared by the
Developer with all benefiting projects. Said pro rata costs shall be determined by
Collier County on a per unit basis with all development projects having frontage on
or access to these utilities along Whippoorwill Lane or its east/west extension and
shall be made payable to Collier County prior to the issuance of any building permits
for this Development. Said costs with area-wide benefits incurred by this
Development shall be rebated pursuant to the terms of a Developer Contribution
Agreement.
V-3
5.7
5.8
If another developer having fi'ontage on, or access to Whippoorwill Lane or its
east/west extension has initiated construction or completed construction of the
north/south segment of Whippoorwill Lane or its east/west extension, water and
sewer utilities within this right-of-way, or area-wide drainage facilities directly
benefiting this project, the Developer shall enter into a Developer Contribution
Agreement prior to the issuance of any building permits agreeing therein to pay its
fair share for these facilities.
Chain link and wood fencing are prohibited as perimeter project fencing along the
site's fi'ontage on any collector road, and must be a minimum of 100 feet from a
public right-of-way. A single row, 3.0 gallon hedge, at 3-feet on-center shall be
planted in front of the fence. Existing native vegetation may be used to satisl~ this
requirement.
WATER MANAGEMENT
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be issued
unless and until Planning Services Staff grants approval of the proposed
construction in accordance with the approved plans.
An excavation permit will be required for the proposed lakes in accordance with the
Collier County Land Development Code and South Florida Water Management
District Rules.
The project must obtain a Surface Water Management Permit from the South
Florida Water Management District prior to any site development plan approval.
The developer must obtain a letter from Collier county's Director of Stormwater
Management the drainage system conforms with any local drainage or Basin studies
being done by that department. The letter must be obtained prior to applying for
any Site Development Plan.
The plat of Arlington Lakes must show the "Flowway" as an easement dedicated to
Collier County with no responsibility for maintenance, and to Arlington Lakes with
full responsibility for maintenance.
UTILITIES
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 97-17, as amended, and other
applicable County rules and regulations.
All customers connecting to the water distribution and sewage collection facilities
will be considered to be customers of the County, and will be billed by the County in
accordance with the County's established rates.
V-4
5.9 ENVIRONMENTAL
The development of this PUD Master Development Plan shall be subject to and governed
by the following conditions:
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Current Planning Section Staff. Removal of exotic vegetation alone shall not be the
sole component of mitigation for impacts to Collier County jurisdictional wetlands.
All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shah be recorded on the plat with
protective covenants per, or similar to, Section 704.06, Florida Statutes.
Buffers shall be provided around wetlands, where possible, extending at least fifteen
(15) feet landward from the edge of the wetland preserves in all places, and average
twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are
not provided, structural buffers shall be provided in accordance with the State of
Florida Environmental Resource Permit Rules, and be subject to review and
approval by Current Planning Section Staff.
The petitioner shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to "listed species".
Where protected species are observed on site, a Habitat Management Plan for those
protected species shall be submitted to Current Planning Section Staff for review
and approval prior to final site plan/construction plan approval.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for
the site, with emphasis on the conservation/preservation areas, shall be submitted to
Current Planning Section Staff for review and approval prior to final site
plan/construction plan approval. This plan shall include methods and a time
schedule for removal of exotic vegetation within conservation/preservation areas.
The PUD shall be consistent with the environmental sections of the Collier County
Growth Management Plan, Conservation and Coastal Management Element and the
Collier County Land Development Code in effect at the time of final development
order approval.
At the time of the next development order submittal, the petitioner shall provide
copies of their SFWMD, Environmental Resource Permit applications and proposed
mitigation for loss of wetlands on site.
At the time of next development order submittal, the developer shall identify, in its
entirety, areas of native vegetation to be retained and/or areas of landscaping and
open space to be planted with 100 percent native species, to satisfy this requirement.
5.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure, except for a construction site office and model center.
V-5
5.11
SIGNS
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code in effect at the time of Site Development Plan approval, with the following
exceptions:
Project Identification Signs - Two ground, wall, or gate project identification signs
may be located at each entrance to the development, and two project identification
signs may be located on Livingston Road and Whippoorwill Lane, all subject to the
following requirements:
1) Such signs shall contain only the name of the development, the insignia, or
motto of the development, and shall not contain promotional or sales material.
2)
Project identification signs shall not exceed sixty (60) square feet, excluding
mounting surfaces or structures. Where signage is affixed or an integral part of
a wall or fence, the face of the sign may protrude above the upper edge of the
wall or fence, but remain subject to height restrictions.
3) No project identification signs shah exceed a height of 10 feet above the finished
ground level of the sign site.
4) Project identification signs may be lighted, provided all lights are shielded in a
manner that prevents glare on adjacent roadways, or into adjacent residences.
Project Promotion Signs - Two ground or wall signs may be located on the project's
frontage on Livingston Road, and two ground or wall signs may be located on the
project's frontage on Whippoorwill Lane for the purpose of promoting the
development or any major use within the development, subject to the following
requirements:
1) Any promotional signs shah not exceed 100 square feet, excluding mounting
surfaces or structures.
2) No promotional sign shall exceed a height of 10 feet above the average finished
ground level of the site.
3) Promotional signs may be lighted, provided aH lights are shielded in a manner
that prevents direct glare on adjacent roadways, or into adjacent residences.
5.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, benns, fences and walls are generally permitted as a principal use
throughout the Arlington Lakes PUD, except in Preserve Areas. The following standards
shall apply:
A. Landscape berms may have the following maximum side slopes:
1) Grassed berms 4:1
2) Ground covered berms 3:1
3) Rip-Rap berms 1:1
4) Structural walled benns may be vertical
V-6
Fence or wall maximum height: 9 feet, as measured from the finished grade of the
ground at the base of the fence or wall. For the purpose of this provision, finished
grade shall be considered no greater than 18 inches above the crown elevation of the
nearest existing road, unless the fence or wall is constructed on a perimeter
landscape berm. In these cases, the fence or wall shall not exceed 6 feet in height
from the top of berm elevation with an average side slope of greater than 4:1 (i.e.
3:1, 1:1, or vertical). A single row, 3.0 gallon hedge, at 3-feet on-center shall be
planted in front of the fence or wall. Existing native vegetation may be used to
satisfy this requirement.
Pedestrian sidewalks, bike paths, water management facilities and structures may be
allowed in landscape buffer areas, provided that the landscape buffer area is
increased by an equivalent width.
5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
Except where provided for elsewhere in this document, all landscaping for off-street parking
areas shall be in accordance with Division 2.4 of the Collier County Land Development
Code in effect at the time of building permit application.
5.14 POLLING PLACES
Pursuant to Section 2.6.30 of the Land Developmere Code, provision shall be made for the
future use of building space within common areas for the purposes of accommodating the
function of an electoral polling place.
An Agreement between the developer and the Supervisor of Elections for the provision of
polling places shall be recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest that acquire
ownership of such common areas including homeowners' associations.
V-7
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£XHIBIT "~"
i
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT B. 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. 2000-67
Which was adopted by the Board of County Commissioners on
the 24th day of October, 2000, during Regular Session
WITNESS my hand and the official seal of the Boar~of
County Commissioners of Collier County, Florida, this 25th day
of October, 2000.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
County Cor~mlss loners:
By. Ell~e Ho~ fman,
Deputy Clerk