Ordinance 2001-020ORDINANCE NO. 01- 2 0
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 MAPS NUMBERED
869T016 AND 862122; BY CHANGING THE ZONING CLASSIFICATION
OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL
AGRICULTURAL WITH "ST" OVERLAYS TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS MIRASOL PUD FOR A MIXED
RESIDENTIAL DEVELOPMENT AND TWO 18 HOLE GOLF COURSES,
CONSISTING OF NOT MORE THAN 799 DWELLING UNITS ON
PROPERTY LOCATED NORTH OF IMMOKALEE ROAD (C.R. 846) AND
WEST OF A NORTHERLY EXTENSION OF C.R. 951 IN SECTIONS 10, 15
AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 1,558+ ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Karen K. Bishop, of PMS, Inc. of Naples, representing T.O.S. Development, L.L.C.,
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:
SECTION ONE:
The zoning classification of the herein described real property located in Sections 10, 15 and 22, Township
48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agmcultural with "ST" overlays to
"PUD" Planned Unit Development in accordance with the Mirasol PUD Document, attached hereto as Exhibit "A"
and incorporated by reference herein. The Official Zoning Atlas Maps numbered 869T016 and 862122, as described
in Ordinance Number 91-102, the Collier County Land Development Code, are 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
., 2001.
COLLIER CO~, FLOmDA
Approved as to Form
and Legal Sufficiency
Mat,°riP,VI: Student
Assistant County Attorney
BY:
James D.
This ordinance filed with the
Secretary of $':,~te's Office th9
ond acknow:,ec:Eiement of that
filing received this
Depuly
PUD-99-10 ORDINANCEJRN/cw
-1-
MIRASOL
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING MIRASOL A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
Mirasol Development, L.L.C.
6025 Carlton Lakes Boulevard
Naples, FL 34110
PREPARED BY:
PMS, Inc. of Naples
2335 Tamiami Trail North
Suite 408
Naples, FL. 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
4/23/01
INDEX
PAGE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
List of Exhibits and Tables
Statement of Compliance
Property Ownership, Legal
General Description and Short Title
Project Development
Residential Development Areas
Golf Course/Open Space
Preserve District
General Development Commitments
ii
111
1-1
2-1
3-1
4-1
5-1
6-1
LIST OF EXHIBITS AND TABLES
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
TABLE I
TABLE II
Planned Unit Development Master Plan
Legal Descriptions
Flow-Way Agreement
Land Use Summary
Development Standards
ii
STATEMENT OF COMPLIANCE
The development consists of 1558+/- acres of property in Collier County as a Planned Unit Development to be
known as the Mirasol PUD which will be in compliance with the goals, objectives, and policies of Collier
County as set forth in the Collier County Growth Management Plan. The Mirasol PUD is a single and multi-
family residential community with associated recreational uses and will be consistent with the applicable
elements of the Collier Growth Management Plan for the following reasons:
The total acreage of the Mirasol PUD is 1558 +/- acres. The maximum number of dwelling units to be
built on the total acreage is 799. The number of dwelling units per gross acre is approximately 0.51
units. The density on individual parcels of land throughout the Project may vary according to the type of
housing placed on each parcel of land. The projected density of 0.51 dwelling units per acre is in
compliance with the Future Land Use Element of the Growth Management Plan which allows 4.0 units
per acre as a base density on the project lands located within the Urban, Urban-Mixed Use District,
Urban Residential Subdistrict, Section 22, Township 48S, Range 26E consisting of 340.7 acres thus
yielding 1362.8 units. The lands within Section 15, Township 48S, Range 26E and Section 10,
Township 48S, Range 26E are outside the urban boundary, designated as Agriculture/Rural,
Agriculture/Rural - Mixed Use District on the Future Land Use Map with density assigned as 1 unit per
5 acres. These 1217 acres would yield 243.5 units. The Master Plan has been arranged to utilize
cjustering of development tracts to provide for significant land conservation as well as the construction
of a regional flowway. (See also Section 3.3 of this Ordinance)
The subject property is located outside and within the Urban Mixed Use District, Urban Residential
Subdistrict, Land Use Designation as identified on the Future Land Use Map.
The subject property's location in relation to existing or proposed community facilities and services
permits the development's residential density as described in Objective 2 of the Future Land Use
Element.
o
The Project development is compatible with and complementary to existing and future surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable sections of the Collier County Land
Development Code (LDC) as set forth in Objective 3 of the Future Land Use Element.
The project development will result in an efficient and economical allocation of community facilities
and services as required in Policy 3.1.G of the Future Land Use Element.
The public/private partnership for the proposed flowway creation will be consisted with Policy 1.4.2 of
the Drainage Sub-Element of the Public Facilities Element by correcting existing deficiencies by
utilizing innovative funding sources. The Project development is planned to protect the functioning of
natural drainage features and natural groundwater aquifer recharge areas through creation of a regional
flowway as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
All final local development orders for this Project are subject to Division 3.15, Adequate Public
Facilities, of the Collier County LDC.
in
1.1
PURPOSE
SECTION I
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
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 Mirasol
PUD.
1.2
1.3
LEGAL DESCRIPTION
See Exhibit B
PROPERTY OWNERSHIP
The subject property is owned by Mirasol Development, L.L.C.
1.4
GENERAL DESCRIPTION OF PROPERTY AREA
The Project site is located to the north side of Immokalee Road; bordered on the east by Broken
Back Road, future 951; the Collier / Lee County line is the north property line; a portion of the
western property borders along agricultural zoning (proposed Terafina PUD) and the Parklands
DRI; on the south side of Immokalee Road is Pebblebrooke Lakes and Laurel Lakes.
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The zoning classification of the Project prior to approval of this PUD document was
"Agricultural".
1.5
PHYSICAL DESCRIPTION
A. The Project lies within South Florida Water Management District No. 7.
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Water management facilities for the Project will be designed and constructed to serve 1558+/-
acres of residentially zoned lands discharging via the Immokalee Road Canal.
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Elevations within the site vicinity are flat. The elevation of the subject site is approximately
thirteen and 1/2 feet (13.5') above mean sea level. The entirety of the site lies within Flood Zone
"X" according to Firm Map//120067 0215 D, map revised June 3, 1986.
Do
Surficial sediments on, and in the vicinity of the Project are primarily fine quartz sands, and
organic loams over shallow limestone bedrock. Specific soil types found on the Project include:
Malabar fine sand, Basinger fine sand and Boca fine sand, Holopaw fine sand, Oldsmar £me
sand, Pineda find sand, limestone substratum, Boca, Riviera, Limestone substratum, and
Copeland find sand, depressional.
1.1
1.6 PROJECT DESCRIPTION
The Mirasol PUD is a residential single family and multi-family golf course community with a
maximum of 799 dwelling units. Recreational facilities may be provided in conjunction with the
dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with
one another in a natural setting by using common architecture, appropriate screening/buffering, and
native vegetation, whenever feasible. Unlike most other residential communities the Mirasol Project has
entered in a public / private partnership committed to being part of the solution for flooding issues
plaguing parts of South Lee and Northeast Collier Counties, a drainage basin of 300 square miles. The
regional benefit to this flood control will include improvements to vegetation and wildlife habitat both
on-site and upstream.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "MIRASOL PLANNED UNIT DEVELOPMENT
ORD "
INANCE.
1.2
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
2.2
The purpose of this Section is to generally describe the project plan of development, relationships to
applicable County ordinances, the respective land uses of the tracts included in the Project, as well as
other project relationships.
GENERAL
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Development of the Mirasol PUD shall be in accordance with the contents of the Planned Unit
Development document and applicable sections of the Collier County LDC and Growth
Management Plan 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 in the County LDC shall
apply.
Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth
in the Collier County LDC in effect at the time of building permit application.
All conditions imposed and all graphic material presented depicting restrictions for the
development of the Mirasol 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 the LDC, where applicable,
remain in full force and effect with respect to the development of the land which comprises this
PUD.
Eo
Development permitted by the approval of this petition will be subject to concurrency review
under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or
next to .occur of either final SDP approval, final plat approval, or building permit issuance
applicable to this Development.
Significant modification to the design, size or location of the flow-way and/or s~gnlfiCant
changes to the Flow-way Agreement (Exhibit C of the Ordinance) as a result of, but not limited
to, permitting or action taken by the parties to the agreement, shall.constitute a substantial
change to the PUD and shall require a re-heating consistent with the provisions of Section
2.7.3.5.5. of the Land Development Code.
2.1
2.3
DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
mo
The project Master Plan, including layout of streets and use of land for the various tracts, is
iljustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the
Project are indicated on Table I. The specific location and size of individual tracts and the
assignment of dwelling units thereto shall be determined at the time of detailed site development
planning or platting.
Bo
The final size of the recreation and open space lands will depend on the actual requirements for
water management, roadway pattern, and dwelling unit size and configuration.
MIRASOL
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
USE MAX. D.U.'s ACRES
Total Project 799 1558 +/-
Min. Open Space ~ 60% N/A 935 +/-
(Lakes, Preserves, Landscape Buffers, Golf Courses, Open Areas & Recreational Areas)
2.4
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
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Prior to the recording of a record plat, and/or condominium plat 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, the Collier County
Subdivision Code, and the platting laws of the State of Florida.
Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent
to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be
submitted for the entire area covered by the PUD Master Plan. Any division of property and the
development of the land shall be in compliance with Division 3.2 of the Collier County LDC,
and the platting laws of the State of Florida.
2.2
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The provisions of Division 3.3 of the Collier County LDC, 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.
The developer of any tract or parcel approved for residential development contemplating fee
simple ownership of land for each dwelling unit shall be required to submit and receive approval
of a preliminary subdivision plat in conformance with requirements of Division 3.2 of the Collier
County LDC prior to the submittal of construction plans and a final plat for any portion of the
tract or parcel.
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Utility, road, public and private easements shall be established as required during the SDP and/or
plat approval process.
Appropriate instruments will be provided at the time of infrastructure improvements regarding
dedications and the method for providing perpetual maintenance of common facilities.
2.5 MODEL HOMES / SALES OFFICES
Model homes, sales centers and other uses and structures related to the promotion and sale of real estate
such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall
be permitted principal uses throughout the Mirasol PUD subject to the requirements of Section 2.6.33.4
of the Collier County LDC.
2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County LDC, Section 2.7.3.5.
2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Common area maintenance will be provided by the master property owners' association. The
association is a legitimate alternative for the timely and sustained provision of quality common area
infrastructure and maintenance under the terms and conditions of County development approval. For
those areas not maintained by the master association, the Developer will create a property owners'
association(s), or condominium association(s), whose functions shall include provision for the perpetual
maintenance of common facilities and open spaces. The master or the property owners' association, as
applicable, shall be responsible for the operation, maintenance, and management of the surface water
and stormwater management systems, and reserves serving the Mirasol PUD, together with any
applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of
Engineers, and South .Florida Water Management District.
2.3
2.8
2.9
DESIGN GUIDELINES AND STANDARDS
The Collier County planned unit development districts are intended to encourage ingenuity, innovation
and imagination in the planning, design and development or redevelopment of relatively large tracts of
land under unified ownership or control, as set forth in the Collier County LDC, Section 2.2.20.1.
The applicant has not set "stages" for the development of the property. Since the property is to be
developed over an estimated ten-(10) year time period, any projection of project development can be no
more that an estimate based on current marketing knowledge. The estimate may change depending upon
future economic factors.
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Mirasol PUD except in the
Preserve District. General permitted uses are those uses which generally serve the Developer and
residents of the Mirasol PUD and are typically part of the common infrastructure or are considered
community facilities.
A. General Permitted Uses:
2.
3.
4.
5.
6.
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Essential services as set forth under the Collier County LDC, Section 2.6.9.1.
Water management facilities and related structures.
Lakes including lakes with bulkheads or other architectural or structural bank treatments.
Guardhouses, gatehouses, and access control structures.
Community and neighborhood parks, recreational facilities, community centers.
Temporary construction, sales, and administrative offices for the Developer, builders, and
their authorized contractors and consultants, including necessary access ways, parking
areas and related uses in accordance with the Collier County LDC in effect at the time
permits are requested unless otherwise specified herein.
Landscape features including, but not limited to, landscape buffers, berms, fences and
walls shall be in accordance with the Collier County LDC in effect at the time permits are
requested unless otherwise specified herein.
Any other use which is comparable in nature with the foregoing uses and which the
Planning Services Director determines to be compatible.
2.4
B. Development Standards:
Unless otherwise set forth in this document, the following development standards shall apply to
structures:
2.10
2.11
Setback from back of curb or edge of pavement of any road - Fifteen feet (15').
Guardhouses, gatehouses, and access control structures shall have no required setback,
however such structures shall be located such that they do not cause vehicular stacking
onto the Immokalee Road right-of-way.
2. Setback from exterior property lines - one half (1/2) the height of the structure.
Minimum distance between structures which are part of an architecturally unified
grouping - Five feet (5').
4. Minimum distance between unrelated structures - Ten feet (10').
5. Minimum floor area - None required.
6. Minimum lot or parcel area - None required.
Sidewalks, bikepaths, and cartpaths may occur within County required buffers; however
the width of the required buffer shall be increased proportionately to the width of the
paved surface of the sidewalk, bikepath, or cartpath.
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Standards for parking, landscaping, signs and other land uses where such standards are
not specified herein, are to be in accordance with the Collier County LDC in effect at the
time of site development plan approval.
OPEN SPACES REQUIREMENTS
The PUD Master Plan identifies approximately 935+/- acres included in the Recreation,
Landscape/Open Space, Golf Course, Lakes and Preserve District designations. These areas fully
satisfy the open space requirements of Section 2.6.32 of the Collier County LDC.
NATIVE VEGETATION RETENTION REQUIREMENTS
Twenty Five Percent (25%) of the viable naturally functioning native vegetation on site shall be
preserved.
2.5
3.1
PURPOSE
SECTION III
RESIDENTIAL DEVELOPMENT AREAS
3.2
3.3
3.4
3.5
The purpose of this Section is to establish land use regulations and development standards for the
Residential development tracts designated on Exhibit "A", the PUD Master Plan as "RG
Residential/Golf". The Golf Course development standards will be regulated as per Section IV, Golf
Course / Open Space.
MAXIMUM DWELLING UNITS
The maximum number of dwelling units permitted within the PUD is 799. The property contains a
gross acreage of 1558+/- acres and density of 0.51 dwelling units per gross acre.
DISTRIBUTION OF DWELLING UNITS
Dwelling units permitted in the Agriculture/Rural, Agriculture/Rural - Mixed Use District area may not
exceed their underlying density as set forth in the Statement of Compliance until such time as the Future
Land Use Element of the Collier County Growth Management Plan is amended in such a way that
dwelling units may be shifted from Urban Residential to Agriculture/Rural, Agriculture/Rural - Mixed
Use District area.
GENERAL DESCRIPTION
Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of
residential dwelling unit types, a full range of recreational facilities, essential services, and customary
accessory uses.
The approximate acreage of the "R" District is indicated on the PUD Master Plan. This acreage is based
on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at
the time of site development plan or preliminary subdivision plat approvals in accordance with Division
3.3 and Division 3.2, respectively, of the Collier County LDC. Residential tracts are designed to
accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management
facilities, and other similar uses found in residential areas.
USES PERMITTED
A. Principal Usea
1. Single-family detached dwelling units.
2. Single-family and zero lot line dwellings.
3. Single-family attached and townhouse dwellings.
3.1
3.5
4. Two-family and duplex dwellings.
5. Multiple-family dwellings.
6. Any other principal use which is comparable in nature with the foregoing uses and which
the Planning Services Director determines to be compatible in the "RG" District.
B. Accessory Uses
1. Uses and structures customarily associated with principal uses permitted.
2. Guest houses, pursuant to Section 2.6.14 of the Collier County LDC.
3. Common area recreational and utilitarian facilities.
4. Any other accessory use which is comparable in nature with the foregoing uses and which
the Planning Services Director determines to be compatible in the "R" District.
DEVELOPMENT STANDARDS
A. Table II sets forth the development standards for land uses within the "R" Residential District.
B. Site development standards for Categories 1-5 set forth in Table II apply to platted parcel
boundaries.
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Standards for parking, landscaping, signs and other land uses where such standards are not
specified herein are to be in accordance with Collier County LDC in effect at the time of site
development plan approval. Unless otherwise indicated, required yards, heights, and floor area
standards apply to principal structures.
Development standards for uses not specifically set forth in Table II shall be established during
the site development plan approval phase as set forth in Division 3.3 of the LDC in accordance
with those standards of the zoning district which is most similar to the proposed use.
Off-street parking required for the multi-family uses shall be accessed by parking aisles or
driveways.which are separate from any roads which serve more than one development. A green
space area of not less than ten feet (10') in width as measured from pavement edge to pavement
edge shall.separate any parking aisle or driveway from any abutting road.
Single-family patio and zero lot line dwellings are identified separately from single-family
detached dwellings with conventional side yard requirements to distinguish these types of
residences for the purpose of applying the development standards under Table II.
Housing structure types including lot orientation for single-family detached housing such as zero
lot line versus non-zero lot line orientations may not be mixed within the same development
tract. 3.2
TABLE H
MIRASOL COMMUNITY
DEVELOPMENT STANDARDS FOR
"RG" RESIDENTIAL AREAS
Single Zero Lot Two Family Single Family Multi-
PERMITTED USES Family Line and Duplex Attached and Family
AND STANDARDS Detached Townhouse Dwellings
Category 1 2 3 4 5
Minimum Lot Area 5,000 SF 4,000 SF 3,500*4 3,500 SF 9,000 SF
Minimum Lot Width *5 50' 40' 35' 35' 90'
Minimum Lot Depth 100' 100' 100' 100' 100'
Front Yard 20' *3 20' *3 20' *3 20' *3 20"3
Side Yard 7.5 0 or 10' 7.5' 7.5' 15'
Rear Yard 15' 15' 15' 15' 15'
Rear Yard *1 5' 5' 5' 5' 5'
Rear Yard Accessory 10' 10' 10' 10' 10'
Maximum Building Height *2 35 feet 35 feet 35 feet 35 feet 50 feet
Distance Between Principal & 10' 10' 10' 10' 20' .6
Accessory Structures
Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 1000 SF 750 SF
All distances are in feet unless otherwise noted.
* 1 - Rear yards for principal and accessory structures on lots and tracts which abut lakes ~nd open spaces. Setbacks from lakes for all principal and accessory uses
may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Engineering Review Section.
Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line.
B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed).
C. If the parcel has frontage on two sides, setback is measured from the side with the shortest frontage with the other frontage designated as a side yard.
*2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to thc uppermost finished ceiling elevation of the
structure.
*3 - Single-family and multi-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private
driveways may reduce the front yard requirement to 15' for the garage.
*4 - Each halfofa duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F.
*5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained.
*6 - Building distance may be reduced at garages.
SECTION IV
GOLF COURSE
4.1
4.2
PURPOSE
The purpose of this Section is to set forth the uses permitted and development standards for the Golf
Course Tracts, designated as "G" and "RG". The primary function and purpose of these Tracts will be
to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas
authorized for development, all good quality native trees and shrubs shall be protected and preserved
wherever practicable.
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole
or in part, for other than the following:
A. Permitted Principal Uses and Structures
1. Golf courses and golf club facilities, including temporary golf clubhouses.
2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs.
3. Project information and sales centers.
Community and golf course maintenance areas, maintenance buildings, essential services,
irrigation water and effluent storage tanks and ponds, water and wastewater treatment
plants, utility pumping facilties and pump buildings, utility and maintenance staff offices.
5. Public administrative facilities.
6. Telecommunications facilities.
7. Communications tower.
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.Open space uses and structures such as, but not limited to, boardwalks, nature trails,
bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas,
fitness .trails and shelters...
Any other principal use which is comparable in nature with the foregoing uses and which
the Planning Services Director determines to be compatible.
4.1
4.3
Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with the principal uses permitted in
this District.
Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and
golf course maintenance yards.
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Retail establishments accessory to the permitted uses in the District such as, but not
limited to, golf, tennis, and recreational related sales.
Restaurants, cocktail lounges, and similar uses intended to serve club members and club
guests.
Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory
facilities intended for outdoor recreation.
Any other accessory use which is comparable in nature with the foregoing uses and which
the Planning Services Director determines to be compatible.
DEVELOPMENT REGULATIONS
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Principal structures shall be set back a minimum of twenty feet (20') from golf course
boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential
tracts. Rear yards for principal and accessory structures on lots and tracts which abut a lake, non-
jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that
an architectural bank treatment shall be incorporated into the design.
Accessory structures shall be set back a minimum of ten feet (10') from golf course boundaries
and private roads, and twenty feet (20') from all PUD boundaries and residential tracts.
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Lighting facilities shall be arranged in a manner which will protect roadways and residential
properties from direct glare or unreasonable interference.
D. Maximum height of structures
Principal Structures - 2 stories or thirty feet (30').
Accessory Structures - 1 story or fifteen feet (15').
E. Minimum distance between principal structures - Ten feet (10').
F. Minimum floor area - None required.
Minimum lot or parcel area - None required.
4.2
Parking for the community center/clubhouse shall be three spaces per every one thousand
(1,000) square feet of gross floor area, which shall be considered inclusive of the required
golf course parking.
Standards for parking, landscape, signs and other land uses where such standards are not
specified herein, are to be in accordance with the Collier County LDC in effect at the time of site
development plan approval. Unless otherwise indicated, required yards, heights, and floor area
standards apply to principal structures.
4.3
SECTION V
PRESERVE DISTRICT
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas within the
Mirasol PUD community designated on the Master Plan as the Preserve District.
5.2 GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are designed to accommodate a full range of
conservation and limited water management uses and functions. The primary purpose of the Preserve
District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and
enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the
enjoyment of the Mirasol PUD residents.
5.3 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 Regional, State and Federal permits when required;
A. Principal Uses
1. Parks, passive recreational areas, boardwalks.
2. Biking, hiking, and nature trails.
3. Wildlife sanctuary.
4. Pathways and/or bridges, subject to appropriate approvals by permitting agencies.
5. Recreational shelters and restrooms, in Preserve upland areas.
6. Drainage and water management facilities subject to all needed permits.
_ Any other accessory use which is comparable in nature with the foregoing uses and which
the Planning Services Director determines to be compatible in the Preserve District.
5.1
5.4 DEVELOPMENT STANDARDS
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Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the
Collier County LDC.
B. Lighting facilities shall be arranged to prevent disturbances to the preserves.
C. Maximum height of structures - Twenty-five feet (25').
D. Minimum distance between principal structures - Ten feet (10').
E. Minimum distance between accessory structures - Five feet (5').
F. Minimum floor area - None required.
G. Minimum lot or parcel area - None required.
5.5 PRESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or tract is required by the Collier County LDC, Section
3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a non-exclusive
conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve
District lands. In addition to complying with the provisions of the Collier County LDC, said easement
shall be provided in accordance with the terms set forth in any applicable permit granted by other
agencies. The Developer, its successor(s) or assigns, including the master property owners' association
shall be responsible for control and maintenance of lands within the Preserve District.
The conservation easement utilized on this Project will provide for allowance of future permitting and
mitigation of any impacted wetlands due to the final alignment of the future C.R. 951 corridor.
5.2
SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development of the
Project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans, final subdivision
plats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except
where specifically noted or stated otherwise, the standards and specifications of the LDC, Division 3.2
shall apply to this Project even if the land within the PUD is not to be platted. The Developer, his
successor and assigns, shall be responsible for the commitments outlined in this document.
The Developer, his successor or assignee, shall agree to follow the Master 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 successors or assignee in title, is bound by the commitments within this
document.
6.3 PUD MASTER PLAN
Exhibit "A", the PUD Master Plan, iljustrates the proposed development and is conceptual in
nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be
construed to be specific and may be adjusted during the platting or site development plan
approval process. Subject to the provisions of Section 2.7.3.5 of the LDC, PUD amendments
may be made from time to time.
3.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the Project.
Co
The following shall be considered minor changes and refinements, subject to the limitations of
Section 5.3A of this PUD.
Due to the complexity of creating and permitting a regional flowway through the Project,
reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as
a result of regulatory agency review will be considered minor if there is no unacceptable
net loss of viable functioning wetlands or native vegetation preserves as a result of the
amendment.
Reconfiguration of lakes, ponds, canals, or other water management facilities where such
changes are consistent with the criteria of the South Florida Water Management District
and Collier County, and where there is no further encroachment into preserve areas.
6.1
3. Reconfiguration of design features.
4. Internal realignment of rights-of-way other than a relocation of access points to the PUD.
5. Reconfiguration of residential parcels when there is no encroachment into preserve areas.
6.4 SCHEDULE OF DEVELOPMENTfMONITORING REPORT AND SUNSET PROVISION
Initiation of construction on the Mirasol PUD Project is contemplated in the calendar year 2001
with completion of the project infrastructure anticipated to occur in stages.
Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6
of the Collier County LDC.
C. The Project is subject to the sunsetting provisions of Section 2.7.3.4 of the LDC.
6.5 POLLING PLACES
Pursuant to Section 2.6.30 of the LDC, provision shall be made for the future use of space within a
common building for the purpose of accommodating the function of an electoral polling place.
An agreement 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 to the Developer that acquire
ownership of such common areas including, but not limited to, condominium associations, homeowners'
associations, or community recreation / public buildings / public rooms or similar common facilities to
be used for a polling place if determined to be necessary by the Supervisor of Elections.
6.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
A. Sidewalks / bike paths shall conform with Subsection 3.2.8.3.17 of the LDC.
Private streets shall conform with the right-of-way width requirements of Subsection
3.2.8.4.16.5 of the LDC except as follows:
.Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to
have a minimum forty foot (40') fight-of-way width and two ten foot (10') wide travel
lanes as required by Subsection 3.2.8.4.16.5 of the LDC.
All other cul-de-sacs are required to have a minimum forty foot (40') right-of-way width
and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the
LDC.
6.2
6.7
All other local streets are required to have a minimum forty foot (40') right-of-way and
two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5 of the LDC.
Cul-de-sacs may exceed the one thousand foot (1,000') length maximum of Subsection
3.2.8.4.16.6 of the LDC.
Tangents between reverse curves shall not be required as per Subsection 3.2.8.4.16.10 of
the LDC.
Street grades may exceed the four percent (4%) maximum of Subsection 3.2.8.4.16.14 of
the LDC provided that applicable Florida Department of Transportation, Manual of
Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met.
LDC, Subsection 3.2.8.3.19: The standard that street name markers shall be approved by
the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived.
Street pavement painting, striping and reflective edging of main road system will be
waived. Traffic circulation signage shall be in conformance with
U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards.
LDC, Subsection 3.2.8.4.10: The standard that PRMs be installed in a typical water valve
cover shall be waived subject to monumentation being installed in accordance with
Chapter 177, Florida Statutes.
LDC, Subsection 3.2.8.4.16.8: The minimum back of curb radii for internal roads shall
be 30 feet. with the exception that both entrance road intersections shall have curb radii of
40 feet.
10.
LDC, Subsection 3.2.8.4.16.9: The minimum 75 foot tangent standard at intersections
may be reduced subject to a certified traffic study based upon design speed, site distance
and adequate recovery zone. This requirement shall not be waived at both project access
points.
11. LDC, Subsection 3.2.8.4.21: The standard for blank utility casings shall be waived.
TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the following
conditions: _ -.
The applicant shall install arterial level street lighting at the project entrance prior to the granting
of any certificates of occupancy for the Project.
The applicant shall be responsible for the cost of a traffic signal system at the project entrance, if
a signal system is found to be warranted and approved by the County.
6.3
Do
Go
Ho
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Work within any Collier County fights-of-way shall meet the requirements of the Collier County
Right-of-Way Ordinance No. 93-64.
The project access shall be located and designed in conformance with the Collier County Access
Management Policy applicable to this Project.
Access to Broken Back Road, (the future extension of C.R. 951), if any, shall be consistent with
the access management plan in place at the time of development.
The Project right-of-way reservation for C.R. 951 shall be generally 100 feet along the eastem
section line of Sections 10, 15 and 22. The Project will also generally provide same 100 feet
along the eastern section line of Sections 15 and 22, 200 feet as it proceeds northwest across the
northern half of Section 15 and the southern half of Section 10, and 100 feet at the western
section line of Section 10 as an alternate alignment. The specific fight-of-way alignment shall be
determined by a detailed corridor evaluation. The right-of-way dedication shall be made upon
request of the County. The road impact fee credits shall be in accordance with the consolidated
Impact Fee Ordinance in effect at the time of dedication.
The conservation easement shall provide for the future permitting and mitigation of any impacted
wetlands due to the final alignment and construction of the future C.R. 951 corridor.
The Project shall provide a pedestrian pathway to be located along the Immokalee Road fight-of-
way on the north side of the canal.
The Project will provide interconnection to the adjacent property, future Activity Center, located
within the southeast portion of Section 22.
The County may modify, including closure, any median opening on Immokalee Road, if in the
opinion of the County, any operational or safety consideration makes such modification
necessary or desirable.
Prior to the first PSP or SDP approval, the applicant shall provide a detailed transportation
analysis of the system of Immokalee Road from Old Cypress Boulevard (Future Logan
Boulevard Extension) to C.R. 951. Should the analysis identify deficiencies or operational/safety
problems, the applicant shall either be limited to the amount of development that may occur or
provide the necessary mitigation at the applicant's cost to meet level of service requirements.
Said determination shall be required prior to the first PSP or SDP approval.
The value of land purchased from the property owner by the County for any of the future C.R.
951 (Collier Boulevard) fight-of-way shall be a value not to exceed current land values at the
time ofrezoning, and shall be based on the value associated with the property's former Rural
Agricultural zoning designation.
6.4
6.8 UTILITIES
Due to the construction of the regional flowway through the Mirasol Project, it is anticipated that a
Community Development District may be necessary to fund this public facility as well as other essential
project services.
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
This Project lies within three sections, the part of the Project in Section 22 lies within the
current Urban Area. Existing utilities necessary to serve the Project are located along the
southern border of Section 22, within the Immokalee Road right-of-way. To provide service to
Section 22, utilities will be extended internally.
Section 15 is located outside the current Urban Services Area. The proposed development in
Section 15 consists of a golf course, residential and accessory uses, such as the clubhouse and
maintenance facility. Septic systems and wells will be utilized in the event that Paragraph B.5.
of this Subsection cannot be implemented.
o
Section 10 is also located outside the current Urban Services Area. The proposed development in
Section 10 consists of only a golf course and accessory uses such as a clubhouse and
maintenance facility. A septic system and well will be utilized for each structure. Due to the
natural barrier created by the creation of the flowway, extension of water and sewer facilities is
not feasible.
B. In the portion of the Project within the urban area the following stipulations apply:
Water distribution, sewage collection and transmission lines to serve the Project are to be
designed, constructed, conveyed, and/or 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 to be
constructed will be customers of the County and will be billed by the County in accordance with
the County's established rates. Should the County not be in a position to provide sewer service to
the Project, the sewer customers shall be customers of the utility established to serve the Project
until the County's offsite sewer facilities are available to serve the Project or septic tanks
meeting the requirements of Florida Statutes may be used on an interim basis.
The on-site water distribution system serving the Project must be connected to the District's
water main and must be consistent with the main sizing requirements specified in the County's
Water Master Plan and extended throughout the Project. During the design phase of these
facilities, the following features shall be incorporated into the distribution system:
6.5
a. Dead-end mains shall include dead-end flushing hydrants.
Stubs for future system interconnection with adjacent properties shall be provided to the
property lines of the Project at locations to be mutually agreed to by the County and the
Developer during the design phase of the Project.
The utility construction documents for the Project's sewerage system shall be prepared to
contain the design and construction of an onsite force main, which may ultimately connect the
Project to the future central sewerage facilities of Collier County. The force main must be
interconnected to the pump station with appropriately located valves to permit for simple
redirection of the Project's sewerage, should connection to the County's central sewer facilities
ever become available.
6.9
5. Landowner may apply for water and sewer service from a public or private utility provider.
ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the following
conditions:
Ao
Bo
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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 Staff.
Removal of exotic vegetation shall not be the sole mitigation method for impacts to Collier
County jurisdictional wetlands.
All conservation areas shall be designated as conservation/preservation tracts or easements on all
construction plans and shall be recorded on the plat with protective covenants per or similar to
Section 704.06 of the Florida Statutes.
Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida
Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding
buffers shall be incorporated into conservation areas which shall be platted or recorded as
conservation easements.
Do
go
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with
emphasis on the conservation/preservations areas, shall be submitted to Current Planning Staff
for review and approval prior to final site plan/construction plan approval.
As a part of the environmental resource permitting process of the South Florida Water
Management District (SFWMD) and the United States Army Corps of Engineers (USACOE)
permitting, recommendations from the Florida Fish and Wildlife Conservation Commission
(FFWCC) and the United States Fish and Wildlife Service (USFWS) regarding impacts to
protected wildlife species will be incorporated into the permits issued for this Project. The
Petitioner shall comply with the guidelines set forth within those permits. Habitat management
plans shall be provided for the Florida panther, Florida black bear, Big Cypress fox squirrel,
wood stork, red-cockaded woodpecker, and all other protected species which inhabit or utilize
this Project. 6.6
6.10 ENGINEERING
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This Project shall be required to meet all County ordinances in effect at the time final
construction documents are submittal for development approval.
Design and construction of all improvements shall be subject to compliance with appropriate
provisions of the Collier County LDC, Division 3.2.
Prior to final site development plan approval, a right-of-way permit will be required.
6.11 WATER MANAGEMENT
o
The Mirasol Project, as a part of a public-private partnership, will provide design, permitting
and construction of a regional flowway in conjunction with the existing Olde Cypress PUD and
the proposed Terafina PUD. The creation of a Community Development District may be
necessary to help finance this public facility as well as other essential project services.
A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall
be submitted prior to final site development plan approval.
An excavation permit will be required for the proposed lake(s) in accordance with Division 3.5
of the Collier County LDC and SFWMD Rules.
6.12 PLANNING
Pursuant to Section 2.2.25.8.1 of the LDC, if during the course of site clearing, excavation or
other construction activity a historic or archaeological artifact is found, all development within
the minimum area necessary to protect the discovery shall be immediately stopped and the
Collier County Code Enforcement Department contacted.
6.13
ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the construction of the
principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' and
builders' storage and office facilities and the like, may be erected and utilized during the period of
project development and marketing consistent with applicable requirements of the LDC. Such
temporary buildings shall be removed upon completion of the marketing or construction activity which
they are accessory to.
6.7
6.14 SIGNS
All signs shall comply with Division 2.5 of the Collier County LDC in effect at the time of building
permit application.
6.15 LANDSCAPING
A. Landscaping for the perimeter berm, if required, shall be in conformance with Section 2.4.4.8 of
the LDC.
Trees and shrubs shall be planted along the base of the berm so as to visually soften the
appearance of the side of the berm.
2. Trees shall be a minimum of 75% native species.
3. Shrubs shall be a minimum of 35% native species.
All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier
County LDC in effect at the time of building permit application.
6.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water management facilities or
other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable
portions of the Project site are such that there is a surplus of earthen material, then its off-site disposal is
also hereby permitted subject to the following conditions:
Excavation activities shall comply with the definition of a "development excavation"
pursuant to Division 3.5 of the Collier County LDC whereby off-site removal shall be
limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume
.excavated unless a commercial excavation permit is received.
B. _ All other provisions of sai.d Division 3.5 of the Collier County LDC are applicable.
6.8
6.17 PROVISION FOR ACCESS TO OUT PARCEL IN SECTION 10
A temporary easement shall be granted to the parcel owned by Alfonso Terlizzi, his successors or
assigns, at a location specified by Mirasol. At such time that the northern portion of the Mirasol PUD
has access to a public road, the Developer shall provide reasonable access from the Alfonson Teflizzi
parcel across the Mirasol PUD to the public road. Both the temporary and permanent easements shall be
granted to Mr. Terlizzi, his successor or assigns, at no cost. However, due to the environmental
constraints of Section 10, Mr. Terlizzi may be required to revise the South Florida Water Management
Environmental Resource Permit for Mirasol and provide mitigation for any impacts created by the
construction of this access.
6.9
II
II
ROAD
Legal Descriptions
Exhibit B
Section 10
All that part of section 10, township 48 south, range 26 east, Collier County, Florida
less and except the follwoing five (5) parcels:
The south ~ of the northeast ¼ of the northwest ¼,
The south v2 of the southeast ¼ of the southeast ¼,
The northeast ¼ of the southeast ¼ of the southeast ¼,
The south 30 feet and east 74 feet of the north 1~ of the east ½ of the south ~ of the
northeast ¼ of the northeast ¼,
The north 30 feet and east 74 feet of the south v2 of east ~ of south ½ of northeast
¼ of the northeast ¼.
Section 1 5
All that part of section 15, township 48 south, range 26 east, Collier County, Florida
Less and except
The north ~ of the southwest ¼ of the southwest ¼ of the southwest ¼, and
The south ~ of the southwest ¼ of the southwest ¼ of the southwest ~,4
Section 22
All that part of section 22, township 48 south, range 26 east, Collier County, Florida
The northeast ~,4 of the northwest ~,4, and the east ~ of the northwest ¼ of the
northwest ¼,
The west ~ of the southeast !,4 of the northwest ¼,
The east ~ of the northwest ¼ of the southeast 1,4,
The east ~ of the southeast ¼ of the northwest ¼,
The northwest ¼ of~the northeast ¼; and the west ~/~ of the northeast ~,4 of
the northe&s_ t ~,
The east ~ of the northeast ¼ of the northeast ¼,
The west ~ of the southwest ¼ of the northeast ¼,
The east ~ of the southwest ¼ of the northeast ¼,
The east ½ of the northeast ¼ of the southwest
The east ~ of the west ~ of the southeast ~ of the southwest ¼,
The west 1~ of the east ¥~ of the southeast ~,4 of the southwest ¼,
The east ½ of the east ~ of the southeast ¼ of the southwest ¥4,
The north ½ of the west ~/~ of the northwest I~ of the southeast ~,4,
The southwest ~,4 of the northwest 1,4 of the southeast ~,
The west ~ of the southwest ~z~ of the southeast ¼,
The west ~ of the east ~ of the southwest ¼ of the southeast ¥4,
Exhibit "C"
FLOW-WAY AGREEMENT
THIS FLOW-WAY AGREEMENT (the "Agreemem") is made by and between J.D.
Nicewonder, Robert Vocisano and Olde Cypress Development Inc., (hereat~r
collectively referred to as "the Parties") whose addresses are set forth in Paragraph M
below.
1. WHEREAS, J.D. Nicewonder is the owner of a pamel of property
dontainiag approximately 1558 acres described in Exhibit A on which will be developed
a project known as MIRASOL (hereafter referred to as "MIRASOL"); and
2. WHEREAS, Robert Vocisano is the owner of a parcel of property
containing approximately 646 acres described in Exhibit B on which will be developed a
project known as TERAFINA (hereafter referred to as "TERAFINA" a.k.a. Wildwood);
and
3. WHEREAS, Olde Cypress Development Inc. is the owner of a parcel of
property containing approximately 500 acres described in Exhibit C on which is
developed a project known as Olde Cypress (hereafter referred to as "OLDE
CYPRESS"); and
4. WHEREAS, MIRASOL and TERAFINA desire to permit, consm.tct,
operate and maintain a flow-way for the discharge of surface waters fxom MIRASOL and
upstream properties to the Cocohatchee Canal. A conceptual sketch of the proposed flow-
way (hereafter "Flow-Way") is set forth in Exhibit D and.
5. WHEREAS, the general design of the proposed Flow-Way will call for the
construction of a series of connected lakes (hereaf~r "Chain of Lakes"), and other
Page I
conveyances along the exterior boundaries of the Flow-Way which will serve to convey
surface water south to the Cocohatchee Canal as well as preserve, enhance, and restore
the interior of the Flow-Way (including restoring hydro-period to the wetlands/marsh
area and preservation of isolated uplands); and
6. WHEREAS, the Parties desire that MIRASOL, as part of its application
submittals for its project in sections 10, 15 and 22, shall include the design and modeling
information for all of the Chain of Lakes; and
7. WHEREAS, TERAFINA has cross-referenced this information in its
applications to SFWMD and the USACOE, and OLDE CYPRESS has agreed to modify
its existing SFWMD/USACOE permits to include the Chain of Lakes; and
$. WHEREAS, the obligations of MIRASOL, TERAFINA and OLDE
CYPRESS as provided for in this AGREEMENT are contingent upon the final SFWMD,
and Collier County zoning approvals for the MIRASOL and TERAFINA projects within
twenty-four months from the date of this Agreement.
NOW, THEREFORE, in consideration of mutual covenants and agreements
herein contained, and of other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties hereto, intending to be legally
bound hereby, mutually covenant and agree as follows:
A. OBJECTIVES. MIRASOL and TERAFINA reco~ize the need for a
tmified position and cooperative effort in order to most effectively and
efficiently obtain the necessary approvals for construction of the Chain of
Lakes. The Parties further recognize that the Flow-Way, incl~rling the
Cbair~ of Lakes, will be an integral part of their respective projects. The
Page 2 of 18
mutual objectives of the Parties in desi~tming, permitting and constructing
the Chain of Lakes are as follows:
1. MIRASOL will apply to the South Florida Water Management
District for an Environmental Resource Permit, the .US Army
Corps of Engineers for a Section 404 Dredge and Fill Permit and
Collier County for a Clearing and Excavation Permit as necessary
to construct the Chain of Lakes. TERAFINA and OLDE
CYPRESS will include the Chain of Lakes in their respective
permitting applications relying on designs and calculations
generated by MIRASOL so as to ensure consistency amongst 'the
submittals. Permitting of those portions of the Flow-Way within
each Party's ownership or control, other than the Chain of Lakes,
will be the responsibility of the individual Parties. MIRASOL
agrees to pay all permitting costs incurred by OLDE CYPRESS
relating to the Chain of Lakes and the Flow-Way.
2. The Chain of Lakes will be designed to eliminate the need for
compensating storage on MIRASOL and TERAFINA.
3. The Chain of Lakes will be designed to minimize environmental
impacts within the footprint of the Chain of Lakes System, and to
provide offsite hydrologic improvements, resulting in net positive
mitigation credits to compensate for any environmental impacts
attributable to construction of the Chain of Lakes (see Paragraph
B & C below). MIRASOL and TERAFINA shall be responsible
for meeting the mitigation requirements resulting from their
Page 3 of 18
o
individual projects, and may use the portion of the Flow-Way
within their ownership or control, other than the Chain of Lakes, to
offset any mitigation
MIRASOL will satisfy
requirements that may be imposed.
any mitigation required as a result of the
OLDE CYPRESS permit modifications relating to the Chain of
Lakes and the Flow-Way.
Each Party shall be responsible for constructing that portion of the
Chain of Lakes within its ownership or control. MIRASOL shall
bear initial operating and maintenance responsibilities for the
Flow-Way. If TERAFINA uses the Flow-Way as its "outfall", then
TERAFINA will reimburse MIRASOL for its pro rata share of
maintenance and operation expenses as determined in Paragraph D
below. MIRASOL shall pay the operation and maintenance
expenses for that portion of the Chain of Lakes within the OLDE
CYPRESS property.
Once constructed and operational, the parties intend to convey the
Chain of Lakes to the Big Cypress Basin Board (hereafter
"BCBB") of the South Florida Water Management District for
operation and maintenance as a Work of the Basin. If not
accepted by BCBB, the parties will convey to such other
governmental or quasi-governmental entity acceptable to b°th the
parties and regulating governments. In the event the BCBB, or
other entity, requires a fee as a condition of accepting the Chain of
Lakes (to offset long-term maintenance expenses) MIRASOL shall
Page 4 of 18
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pay its own and OLDE CYPRESS'S pro mm share, and if
TERAFINA utilizes the Flow-Way as its "ouffall", then
TERAFINA shall pay its pro rata share.
MITIGATION FOR CHAIN OF LAKES. As set forth in Paragraph A the
objective of MIKASOL and TERAFINA is to design, permit and construct
the Chain of Lakes in a manner that will eliminate compensating storage,
and improve offsite hydrologic conditions in this watershed. MIRASOL's
consultants have analyzed the improvements to hydrology and storage in
the area. MIKASOL's objective is to have any environmental impacts
associated with construction of the Chain of Lakes mitigated by the above-
&scribed improvements and to meet the environmental mitigation
required by SFWMD/USACOE for the OLDE CYPRESS modification.
Any mitigation requirements or credits attributable to the Chain of Lakes
within OLDE CYPRESS and TERAFINA shall be assumed by
MIRASOL. If TERAFINA utilizes the Chain of Lakes and Flow-Way as
its ouffall, then TERAFINA shall assume any mitigation requirements or
credits relative to construction of the Chain of Lakes within TERAFINA.
All mitigation requirements and credits for the Flow-Way other than the
Chain of Lakes shall be the sole responsibility of the individual Parties and
are outside the scope of this Agreement. MIRASOL and TERAFINA
shall work with the respective agencies to satisfy mitigation requirements
as mandated by their individual permits for their projects.'
CONSTRUCTION. Each Party shall be responsible for constructing that
portion of the Chain of Lakes within the property under its ownership or
Page 5 of 18
Do
control, however the portion of the Chain of Lakes within the OLDE
CYPRESS property will be constructed by TERAFINA. Such
construction shall be in strict compliance with the terms and conditions of
any and all permits or approvals relating to the Chain of .Lakes. If
construction is not timely undertaken by TERAFINA pursuant to the
timeframes established and agreed upon by the Parties in the final
construction schedule, MIRASOL shall be entitled to enter TERAFINA
and OLDE CYPRESS and complete construction as designed. Any
construction activities by a Party resulting in the issuance of a Notice of
Violation or imposition of penalties by a permitting agency shall be the
responsibility of the individual Party to cure and bring into compliance
with the applicable agency regulations, bearing all costs for same.
MIRASOL, as permittee of the Chain of Lakes shall maintain the right to
ensure permit compliance by all Parties, including, but not limited to, the
fight to cure permit violations and recover from the offending Party all
costs associated therewith. MIRASOL shall be responsible to construct the
outfall structure located in OLDE CYPRESS and further described in
paragraph L below.
INTERIM AND LONG TERM MAINTENANCE AND OPERATION.
On an interim basis, MIRASOL will be directly responsible for the
operation and maintenance expenses of the Chain of Lakes. It is the intent
of the Parties, however, that upon completion the Chain of Lakes it will be
transferred to the BCBB. The tern and conditions of this transfer will be
set forth in the SFWMD Permit and each entity shall tmn.qfer its interests
Page 6 of 18
accordingly. In the event that the BCBB does not accept these
responsibilities, the Parties agree that a single entity (association or CDD)
may be formed to operate and maintain the Chain of Lakes. Such entity
shall be created when required by either the USACOE or SFWMD permit.
OLDE CYPRESS, which is not benefited by the Chain of Lakes, shall not
be required to join the CDD, share pro-rata in the maintenance and
operation costs discussed below, or share in the cost of formation of the
entity responsible for long term maintenance. The Parties agree that any
current or furore project utilizing the Chain of Lakes and Flow-Way for
water management discharge will contribute to the maintenance and
operational costs of the Chain of Lakes. A single project's pro-rata cost
contribution shall be in proportion to its percentage of the total
contributing project development acres that outfall into Chain of Lakes
and Flow-Way. The calculation of development acres shall exclude lands
within the Flow-Way
TERAFINA's obligation to pay a pro-rata cost share of the formation of
an association or CDD, interim and long-term operation and maintenance
costs is conditioned upon'TERAFINA utilizing the Flow-Way as its water
. management "outfall". TERAFINA'S current water management plan
utilizes an ouffall west of the canal weir structure fronting OLDE
CYPRESS.
MIRASOL shall be responsible for creating the entity,' the Parties shall
cooperate by executing such documents as necessary to create the entity
and to give such entity authority to operate and mains the Chain of
Page 7 of 18
Eo
Fo
Lakes. Long term maintenance and operation of the Flow-Way, other than
the Chain of Lakes, shall be as set forth in each Party's individual permits
for their respective projects.
STUDIES AND OTHER MATER/ALS.
permit applications, the
correspondence, reports and
To assist in the completion of
Parties shall provide MIRASOL all
other documents involving their property
which they feel may affect the Chain of Lakes, including but not limited to
governmental approvals or pending applications for Governmental
approvals; soil reports; surveys and planning studies; flood plain analyses;
aerial photographs, topographical maps and studies; engineering studies
and plans; and any abstracts of rifle, title opinions, rifle insurance policies
or title documents which relate to the condition or development of the
Chain of Lakes. Documentation of each Party's legal and financial control
of their property should also be provided. It is understood that the
information above should be limited to that which bears relation to the
Chain of Lakes area only and that will assist in the efficient preparation of
application submittals. Nothing in this sub-paragraph is intended to
require the Parties to submit privileged information or general information
concerning their property not helpful to the objectives of this Agreement.
COUNTY APPROVALS. As part of its project submittals MIRASOL
will prepare and submit applications and required supporting
documentation necessary to obtain County clearing' and excavation
permits necessary for the Chain of Lakes. TERAFINA and OLDE
CYPRESS will provide the necessary authorization required for
Page 8 of 18
MIRASOL to act in their behalf for obtaining these County approvals. If
TERAFINA utilizes the Flow-Way for its ouffall, TERAFINA shall
reimburse MIRASOL for its pro-rata share of obtaining the approvals, up
to a maximum amount of $ 20,000.
CONSTRUCTION COSTS. Each Party shall construct that portion of the
Chain of Lakes within each of its respective properties except as noted in
paragraph C. All fill material obtained by a Party during construction
shall remain the property of that Party to utilize or dispose of as desired.
In the event a party fails to initiate and complete construction of their
portion of the Chain of Lakes, consistent with the timeframes established
in the final construction schedule, MIRASOL shall have the right to
construct that portion of the project and, as full compensation, retain all
fill material obtained during construction. To remove any incentive for
TERAFINA to abandon construction following the removal of all org_anic
or easily obtainable/valuable material, the Parties agree that MIRASOL is
authorized to complete any portion of the project abandoned by
TERAFINA and to recover all construction costs associated with same (as
well as any remaining spoil material, the value of which shall be deducted
from the total recoverable costs).
.PARTIES REPRESENTATIONS WITH RESPECT TO THE
PROPERTY. Each Party hereby represents to MIRASOL that as of the
Effective Date they:
(i) have the sufficient legal authority to conduct the proposed
activities on that portion of their property included within the Chain of
Page 9 of 18
Lakes (proper documentation must be forwarded to MIRASOL for
inclusion in the permit application package).
(ii) are not aware of pending or threatened condemnation or similar
proceeding affecting their property included within the Chain' of Lakes or
any portion thereof;
(iii) are not aware of legal actions, suits or other legal or administrative
proceedings pending that affect that portion of their property included
within the Chain of Lakes (other than the current proceedings instituted by
TERAFINA against the South Florida Water Management District).
(iv) are not aware of any oral or written service, maintenance,
landscaping, security, management or similar contract which could affect
the operation or maintenance of that portion of their property included
within the Chain of Lakes;
(v) are unaware of any leases, oral or written, affecting that portion of
their property included within the Chain of Lakes or any part thereof, nor
any other right, title or interest granted to any other individual or entity;
(vi) the persons signing below represent that they are duly authorized
to execute this Agreement; and
(vii) do not believe there to be any adverse or other parties in possession
- of their property included within the Chain of Lakes;
INDEMNIFICATION. The Parties hereby agree to defend, indemnify,
save and hold MIRASOL harmless from and against any and all liabilities
and claims, other than MIRASOL's own negligence or willful misconduct,
regarding or relating to the pemaitting or construction of the Chain of
Page 10 of 18
Lo
Lakes including any property damage or contractual liability resulting
from any acts or omissions of MIRASOL arising under its obligations set
forth in this Agreement.
ASSIGNMENT. In the event a Party conveys its interests in the above-
described properties, this Agreement, together with its correspondia, g
responsibilities, obligations and liabilities shall be assigned to the new
owner of the property and that new owner shall assume all responsibilities,
obligations and liabilities set forth herein.
CHAIN OF LAKES EASEMENT. The Parties understand that the final
configuration and location of the Flow-Way and Chain of Lakes will
depend upon SFWMD permitting. Once final, the Parties will execute
sUfficient consm~tion, maintenance and drainage conveyance easements
to satisfy the intent and obligations of the Parties set forth herein. The
easements shall be in a form acceptable to SFWMD or other appropriate
governmental entity.
DRAINAGE AND MAINTENANCE EASEMENT. MIRASOL shall
permit and construct the outfall structure that will provide the discharge
from the Chain of Lakes to the Cocohatchee Canal. To allow
construction, long-term operation and maintenance of this structure,
OLDE CYPRESS shall, provide to MIRASOL a not to exceed, forty-five
wide non-exclusive easement on the western boundary of Lot # 1 of
Preserve Commons. The easement shall be executed and held in escrow
by Quarles and Brady until SFWMD and Collier County zoning approvals
Page 11 ot' 18
Mo
No
for TERAFINA are obtained, at which time it will be released to
MIRASOL.
ADDITION OF OTHER PARTIES TO THE AGREEMENT. Providing
the design capacity of the Chain of Lakes (580 cfs) has not been exceeded,
MIRASOL shall have the unilateral right to approve other Parties to join
in this Agreement and discharge to the Chain of Lakes under appropriate
terms and conditions that shall be set forth in an addendum to this
.Agreement. Should the design capacity of the Chain of Lakes be
exceeded, then additional Parties could only join in this Agreement with
the unanimous approval of all current signatories to the Agreement.
NOTICES. Notices hereunder shall be given to the Parties set forth below
and shall be made by hand delivery, facsimile, overnight delivery or by
regular mail. If given by regular mail, the notice shall be deemed to have
been given within a required time if deposited in U.S. Mall, postage
prepaid, within the time limit. For the purpose of calculating time limits,
time shall be calculated from actual receipt of the invoice or notice. Time
shall run only on business days which, for purposes of this Agreement,
shall be any day other than a Saturday, Sunday or legal public holiday.
Notices shall be addressed as follow:
MIRASOL
Ad&ess
cio Don Milarcik
Celerity Construction
6205 Carlton Lakes Blvd.
Naples, FL 34110
With Required Copy to:
Stephen Walker
Lewis, Longmaa & Walker,
1700 Palm Beach Lakes Blvd.
Suite 1000
West Palm Beach, FL 33401
Page 12 of 18
TERAFINA
Robert Vocisano
4100 Golden Gate Blvd
Naples, F1 34116
Tim Haines
Quarles and Brady
450l Tamiami Trail N.
Suite 300
Naples, Fl 34103
Po
Qo
OLDE CYPRESS
c/o Paul Hardy
5692 Strand Court,
Naples, F1 34110
Frank Matthews
Hopping, Green, Sams & Smith
123 South Calhoun Street
P.O. Box 6526
Tallahassee, FL 32314
DISPUTE RESOLUTION. All claims, disputes and other matters in
question between the Parties to this Agreement arising out of or relating to
this Agreemem or the breach thereof, shall be decided by mandatory and
binding arbitration in accordance with the rules of the American
Arbitration Association (the "AAA") currently in effect unless the Parties
mutually agree otherwise.
EFFECTIVE DATE. The Effective Date hereof shall be the date the last
Party hereto executes this Agreement.
TIME. Time is of the essence in this Agreement.
PARTIES. The fights and obligations hereunder shall be binding upon
and inure to the benefit of the Parties hereto, their heirs, successors,
administrators, consultants, agents and assigns. A Party assigning his
'righls or obligations' under this provision should immediately provide
notice of such (including name, address and relevant information of
assignee) to all remaining Parties.
As used in this Agreement, any gender
shall be deemed to refer to the appropriate gender, whether masculine or
Page 13 of 18
Mo
feminine, and the singular shall be deemed to refer to the plural where
appropriate, and vice versa.
PARTIAL INVALIDITY. In the event that any paragraph or portion of
this Agreement is determined to be unconstitutional, unenforceable or
invalid, such paragraph or portion of this Agreement shall be stricken and
the remaining portion of this Agreement shall remain in full force and
effect.
WAIVER OF BREACH. The failure of any Party hereto to enforce any
provision of this Agreement shall not be construed to be a waiver of such
or any other provision, nor in any way to affect the validity of all or any
part of this Agreement or the right of such Party thereafter to enforce each
and every such provision. No waiver of any breach of this Agreement
shall be held to constitute a waiver of any other subsequent breach.
ATTORNEY'S FEES. In the event arbitration and/or litigation is required
by any Party to enforce the terms of this Agreement, the prevailing Party
of such action shall, in addition to all other relief granted or awarded by
the court, be entitled to judgment for reasonable attorneys' fees incurred
by reason of such action~ and all costs of suit and those incurred in
preparation thereof at both the trial and appellate levels. Nothing in this
paragraph shall diminish, detract from or affect the Parties' agreement to
arbitrate disputes as set forth in paragraph O.
ENTIRE AGREEMENT. This Agreement, including the Exhibits
attached hereto, which are incorporated herein by refer.nee, contains the
entire Agreement between the Parties and ail other representations,
page 14 of 18
Yo
ge
negotiations and agreements, written and oral, are superseded by this
Agreement and are of no fOrce and effect. This Agreement may be
amended and modified only by insmmaent, in writing, executed by all
Parties hereto.
COUNTERPARTS. This Agreement may be executed in any number of
counterparts, each of which when executed and delivered shall be an
original, with all such counterparts constituting a single imtmment.
CAPTIONS. The captions contained herein are for convenience only and
are not a part of this Agreement.
APPLICABLE LAW. This Agreement shall be construed by and
controlled under the laws of the State of Florida.
NO AGENCY OR JOINT VENTURE. This Agreement shall not be
construed to in any way establish a partnership, joint venture, or express or
implied employer-employee relationship between the Parties.
Page 15 of 18
IN WITNESS WHEREOF, the said Parties have hereunto set their hands and
of PF~ t C_ , 2'001.
Wimesses:
Paul Hardy, President /
/
Olde Cypress Development, linc
Page 18 of 18
~-20-01; Z:5?DM;HARDY DEVELOPMENT ;g41 59Z 7541 ~ 20/
IN W]TN'E$S ~OF, r~ said Paz-ci~s have ~o s~ their h~nds aad
IN WITNESS WHEREOF, the said Partiea have hereunto set their hands and
seals the a~.~ of ,,'q~/~'.2"L.. ,2001.
J: D. NICEWONDER
Page 17 of 18
~NGE 26 ~ST
SECTIONS 10, 15 & PORTIONS OF 22
TOTAL PROPER~ = 1558 Ac.~
Flow Way Agreement
Exhibit A
16
TERAFINA
( PROJECT IS LOCATED IN:
TOWNSHIP 48 SOUTH
RANGE 26 EAST
_LSECTION 16
OTAL PROPERTY = 646 Ac.:l:
,500 1000 2000 __
SCALE IN FEET
21
IlllnrA
Bill
IIIIIlll
IIBIIILT'~
IIlBII
[,,==,;DRUNDAGE, INC.
Professional Engineers, Manners ~; Land Surveyors
C4dl~ Ceum~ 7400 Tamiami Ttnd N. * Nqsim, FL - 34108 - PLt ~4 I) S~7-~l'tl - h~
ImCout~ 162SHadrySuwc-lre~My~n, FL3~4)O! - Pl~(941)JJT-3111-h~(~41)~34-l175
Ca'~fi~ Of Autlm~u~oa ~oL/.,B ~64 mud EB 3664
PROJECT NAME ,- DRAWING 'R'fLE
TERAFINA P.U.D.
SECTION 16, T 48S, R 26 E
Flow Way Agreement
Exhibit B
DRN BY: ROP ABB PROJECT No.: 7883
CHK. BY: Fl~ ACAD FILE NAME: 7885FWAEX01
DATE: 04/30/01 DRAW1NG FILE No.: --
SCALE: I"= 1000' SHEET I Of I
~:~u.ZZ-/,..:~ ~I II ~.~'ITI-Iil]I'IIII'IlI'II'Ij~,:---~-,.:._._~_~:::..'~'~..-~-' ,/',~:.:.:.:.:.:.:.:~',-,~"-~.:.\ ~
,'~'~' :1"~-~,~'~~ ~"'::::~: ~:::1
~ w,~ ? I! '~-I i:-.:-i:!'~..'~ :i:i:i:..
I : ~. .... .? ,..:.:i:i:~.:
· ::~.::ii' ':::"~":":' :~:::::' ,:-~:
~, .:.i~:' .. :.:.:.~ .:.:iL '_i
: ~ ..... ~:~:~bi:i:i:i:i:!:':.:.::::i:i:!:i:!:!:
OLDE CYPRESS
PROJECT IS LOCATED IN:
TOWNSHIP 48 SOUTH
~NGE 26 ~ST
SECTION 21
TOTAL PROPER~ = 500 Ac.~
· ' ~I,,I,I~~A~, ~C.
~ ~ PROJECT NAME,- DRA.NG ~
OLDE CYPRESS
SECTION 21, T 48S, R 26 E
~ Flow Way Agreement
o 500 ~ooo 2000 Exhibit C
DRN BY: ROP ABB PROJECT No.:
SCALE IN FEET cH~. BY: F~ ACAD FIL[ NAU[: 7883FWA~X01
DATE: 04~30~01 DRA~NG FiLE No,: --
SCALE: 1" = 1000' SHEET
TERAFINA
OLDE CYPRESS
,. -I tfl ~.Jl
FLOW WAY (CHAIN of LAKES)
IS LOCATED IN:
TOWNSHIP 48 SOUTH
RANGE 26 EAST
SECTIONS 15, 16 & 21
TOTAL AREA @ C.E. = 99 Ac.+
0 1000 2000 4000
SCALE IN FEET
MIRASOL
bi ~,gmy:162J H.ldfyJuet -F~mMye~ LUL 33~01 - i~d (IhU) JJt. Jlll-F4ut: (941)3~4-117S
PROJECT NAME 7' DRAWING TITLE
FLOW WAY (CHAIN of LAKES)
SECTIONS 15, 16 & 21, T 48S, R 26 E
Flow Way Agreement
Exhibit D
DRN BY: ROP AB8 PROJECT No.: 788.:3
CHK. BY: FI4~ ACAD FILE NAME: 7883FWAEXO~_
DATE: 04/30/01 DRAWING FILE No.:
SCALE: 1" = 2000' SHEET 1 OF
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 copy of:
ORDINANCE NO. 2001-20
Which was adopted by the Board of County Commissioners on
the 24th day of April, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd day
of May, 2001.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
By: Ellie Hoffman,
Deputy Clerk