Ordinance 2001-061ORDINANCE NO. 01- 61
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 851112; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" RURAL AGRICULTURAL, "A-ST"
AGRICULTURE WITH SPECIAL TREATMENT OVERLAY AND
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
THE MEDITERRA PUD, FOR PROPERTY LOCATED ON THE
NORTH SIDE OF THE FUTURE LIVINGSTON ROAD
BOULEVARD AND APPROXIMATELY ONE MILE WEST OF 1-75,
IN SECTIONS 11 AND 12, TOWNSHIP 48 SOUTH, RANGE 25
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1168+
ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 2000-36; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Anita L. Jenkins, AICP of WilsonMiller, Inc., representing Long Bay Partners,
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
County, Florida, that:
SECTION ONE: ~:' ' '
The zoning classification of the herein described real property located in Se~¢I~s l~and 12,
Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural,
"A-ST" Agriculture with Special Treatment Over!ay and "PUD" to "PUD" Planned Unit Development in
accordance with the Mediterra PUD Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The Official Zoning Atlas Map numbered 851112, as described in Ordinance Number
91-102, the Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 2000-36, adopted on May 23, 2000 by the Board of County Commissioners
of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this/.3g:ig day of ~7)~4~.(~,4.~, 2001.
, ..A,.Ti~ST~ -
Approved as to Fo~
and Legal Sufficiency
Marjori~) ~vf. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: JAMES D~~C~~AN
This ordinonce filed with the
j_~=ret~.~_~ay of°f .~1-0 {/.State's Office, ~_O_O_/_the
and ockaaowledgement ,o~that
filing, received this ~'- day
of ~V. t
RB/cw
-2-
MEDITERRA
A
PLANNED UNIT DEVELOPMENT
Approximately 1168+ Acres
Sections 11 and 12
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
Long Bay Partners, LLC
3451 Bonita Bay Boulevard, Suite 202
Bonita Springs, FL 34134
PREPARED BY:
WilsonMiller, Inc.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
EXHIBIT A
DATE FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
DATE AMENDMENT FILED
DATE APPROVED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
DATE AMENDMENT FILED
DATE REVISED BY COLLIER COUNTY
DATE APPROVED BY CCPC
2/17/99
5/20/00
6/8/99
9941
2/18/00
5/4/00
5/23/00
2000-36
3/5/01
9/15/01
DATE APPROVED BY BCC 'l
ORDINANCE NUMBER
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TABLE OF CONTENTS
ii
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
EXHIBIT A
GENERAL DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL DISTRICT
VILLAGE CENTER
RECREATION and OPEN SPACE DISTRICT
PRESERVE DISTRICT
GENERAL DEVELOPMENT COMMITMENTS
CROSS JURISDICTIONAL PROVISIONS
MEDITERRA MASTER PLAN (Collier County)
(WilsonMiller File No. D-2934-54)
PAGE
111
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STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Long Bay Partners, LLC, hereinafter referred
to as LBP, to create a Planned Unit Development (PUD) on 1168+ acres of land located in
Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. The name of this
Planned Unit Development shall be Mediterra. The development of Mediterra will be in
compliance with the planning goals and objectives of Collier County as set forth in the Growth
Management Plan. The development will be consistent with the growth policies and land
development regulations adopted thereunder of the Growth Management Plan Future Land Use
Element and other applicable regulations for the following reasons:
1.1
The subject property is within the Urban Mixed Use Residential District as identified on the
Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE).
The purpose of the Urban Mixed Use Residential District is to accommodate the majority of
population growth in an area with relatively few natural resource constraints and where
existing and planned public facilities are concentrated.
1.2
1.3
The Growth Management Plan qualifies the subject property for maximum density of four
units per acre. The proposed residential density for the Collier County portion of Mediterra
is 0.64 units per acre, which is less than the maximum allowable density, and therefore is
consistent with and complies with the FLUE Density Rating System.
The Village Center District is consistent with the PUD Neighborhood Village Center
Subdistrict of the FLUE.
1.4
Mediterra is compatible with and complementary to existing and future surrounding land
uses as required in Policy 5.4 of the FLUE.
1.5
Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
1.6
1.7
The development of Mediterra will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1.H and L of the FLUE.
Mediterra is a large scale functionally interrelated community, and is planned to encourage
ingenuity, innovation and imagination as set forth in the Collier County Land Development
Code (LDC) Planned Unit Development District.
SHORT TITLE
This ordinance shall be known and cited as the "MEDITERRA PLANNED UNIT
DEVELOPMENT ORDINANCE".
in
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of Mediterra,
and to describe the existing condition of the property proposed to be developed. Mediterra
is located within Lee and Collier Counties, however the PUD jurisdiction applies only to
the property located in Collier County.
1.2 LEGAL DESCRIPTION
The north half (NM) of the west half (W½) of the west half(W½) of Section 11,
Township 48 South, Range 25 East, Collier County, Florida
containing 80.57 acres more or less.
and;
North ½ of the north ½ of the northwest ¼ of the southwest ¼ of Section 11, Township
48 South, Range 25 East, Collier County, Florida
containing 10.09 acres more or less.
and;
North ½ of the south ½ of the northwest ¼ of the southwest ¼ of Section 11, Township
48 South, Range 25 East, Collier County, Florida
containing 10.09 acres more or less.
and;
The south ½ of the north ½ of the northwest ¼ of the southwest ¼ of Section 11,'
Township 48 South, Range 25 East, Collier County, Florida.
containing 10.09 acres more or less.
and;
The south ½ of the south ½ of the northwest ¼ of the southwest ¼ of Section 11,
Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for
roadway purposes for ingress and egress of grantors and grantees and adjacent property
owners.
containing 10.09 acres more or less.
and;
The Southeast ¼ of the Southwest ¼, less the South 30 feet thereof, of Section 11,
Township 48 South, Range 25 East, Collier County, Florida.
and;
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The Southeast ¼ of the Northwest ¼; The Southwest ¼ of the Northeast ¼; The
Northwest ¼ of the Southeast ¼; and the Northeast ¼ of the Southwest ¼; Less the North
½ of the Southwest ¼ of the Northeast ¼ of the Southwest ¼ of Section 11, Township 48
South, Range 25 East, Collier County, Florida
containing 195 acres more or less.
and;
The North ½ of the Southwest ¼, of the Northeast ¼ of the Southwest ¼ of Section 11,
Township 48 South, Range 25 East, Collier County, Florida
containing 5 acres more or less.
and;
The Northeast ¼ of the Northwest ¼ and the Northwest ¼ of the Northeast ¼ of
Section 11, Township 48 South, Range 25 East, Collier County, Florida.
containing 80.40 Acres more or less.
and;
A parcel of land located in Sections 11, 12 and 13, Township 48 South, Range 25 East,
Collier County, Florida, being more particularly described as follows:
Beginning at the southeast comer of the southwest ¼ of Section 12, Township 48 South,
Range 25 East, Collier County Florida;
thence mn North 00052'07" West along the east line of said southwest ¼ of Section 12,
for a distance of 2631.75 feet to the center of said Section 12;
thence continue North 00°52'07'' West along the east line of the southeast ¼ of the
northwest ¼ of said Section 12, for a distance of 1316.77 feet to the northeast comer of
the southeast ¼ of the northwest ¼ of said Section 12;
thence mn South 88054'06" West along the south line of the southeast ¼ of the northeast
¼ of the northwest ¼ of said Section 12, for a distance of 662.28 feet to the southwest
comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12;
thence mn North 00°50'22'' West along the west line of the southeast ¼ of the northeast
¼ of the northwest ¼ of said Section 12, for a distance of 658.71 feet to the northwest
comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12;
thence mn North 88°55'45" East along the north line of the southeast ¼ of the northeast
¼ of the northwest ¼ of said Section 12, for a distance of 661.95 feet to the northeast
comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12;
thence mn North 00052'07'' West along the east line of the northwest ¼ of said Section
12, for a distance of 658.39 feet to the northeast comer of the northwest ¼ of said Section
12;
thence mn South 88057'20" West along the north line of the northwest ¼ of said Section
12, for a distance of 2646.45 feet to the northwest comer of the northwest ¼ of said
Section 12;
thence mn South 00°45'07" East along the west line of the northwest ¼ of said Section
12, for a distance of 1319.36 feet to the northeast comer of the southeast ¼ of the
northeast ¼ of Section 11, Township 48 South, Range 25 East;
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thence mn South 88054'42'' West along the north line of the southeast ¼ of the northeast
¼ of said Section 11, for a distance of 1325.63 feet to the northwest comer of the
southeast ¼ of the northeast ¼ of said Section 11;
thence run South 00o45'23'' East along the west line of the southeast ¼ of the northeast ¼
of said Section 11, for a distance of 1320.39 feet to the southwest comer of the southeast
¼ of the northeast ¼ of said Section 11;
thence run South 0°45'04'' East along the west line of the northeast ¼ of the southeast ¼
of said Section 11, for a distance of 1321.73 feet to the southwest comer of the northeast
¼ of the southeast ¼ of said Section 11;
thence run South 88o46'37'' West along the north line of the southwest ¼ of the southeast
¼ of said Section 11, for a distance of 1325.33 feet to the northwest comer of the
southwest ¼ of the southeast ¼ of said Section 11;
thence mn South 00°45'39" East along the west line of the southwest ¼ of the southeast
¼ of said Section 11, for a distance of 1323.80 feet to the southwest comer of the
southeast ¼ of said Section 11;
thence run North 88°41 '15" East along the south line of the southeast ¼ of said Section
11, for a distance of 2650.25 feet to the northwest comer of Section 13, Township 48
South, Range 25 East;
thence run South 00°43'28" East along the west line of the northwest ¼ of said Section
13, for a distance of 675.60 feet to the southwest comer of the northwest ¼ of the
northwest ¼ of the northwest ¼ of said Section 13;
thence run North 88o38, 13" East along the south line of the northwest ¼ of the northwest
¼ of the northwest ¼ of said Section 13, for a distance of 664.12 feet to the southeast
comer of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13;
thence run North 00°41 '49" West along the east line of the northwest ¼ of the northwest
¼ of the northwest ¼ of said Section 13, for a distance of 675.07 feet to the northeast
comer of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13;
thence run North 88°41 '00" East along the south line of the southwest ¼ of Section 12,
Township 48 South, Range 25 East, for a distance of 1993.31 feet to the Point of
Beginning.
Less and excepting therefrom the Northwest ¼ of the Northwest ¼ of the Northwest ¼
of said Section 13.
containing 472 acres more or less.
and;
The Northeast ¼ of the Northeast ¼ of Section 11, Township 48 South, Range 25 East,
Collier County, Florida, O.R. Book 2211, page 606
containing 40 acres more or less.
and;
The North ½ of the North ½ of the Southwest ¼ of the Southwest ¼ of Section 11,
Township 48 South, Range 25 East, Collier County, Florida
containing 10 acres more or less.
and;
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The South ½ of the North ½ of the Southwest ¼ of the Southwest ¼ of Section 11,
Township 48 South, Range 25 East, Collier County, Florida
containing 10 acres more or less.
and;
The North ½ of the South ½ of the Southwest ¼ of the Southwest ¼ of Section 11,
Township 48 South, Range 25 East, Collier County, Florida
containing 10 acres more or less.
and;
The North ½ of the Southeast ¼ of the Northeast ¼ of the Northwest ¼ of Section 12,
Township 48 South, Range 25 East, Collier County, Florida,
containing 5.0 acres more or less.
and;
The South ½ of the Southeast ¼ of the Northeast ¼ of the Northwest ¼ of Section 12,
Township 48 South, Range 25 East, Collier County, Florida,
containing 5.0 acres more or less.
and;
All that part of Section 12, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Beginning at the southeast comer of said Section 12;
thence along the south line of said Section 12, South 88040'22" West 2657.64 feet to the
south ¼ comer of said Section 12;
thence leaving the south line of said Section 12 along the north-south ¼ line of said
Section 12, North 00°51 '30" West 1315.48 feet;
thence continue along said line North 00°51'12" West 1316.19 feet to the center of said
Section 12 and a point hereinafter referred to as Point "A";
thence along the east-west ¼ line, North 88°51 '44" East 1160.07 feet;
thence leaving said east-west ¼ line and along the west line of that land described in O.R.
Book 2641, page 3405, Public Records of Collier County, Florida, North 00°53'36" West
657.34 feet to a point of the south line of the North ½ of the SW ¼ of the NE ¼ of said
Section 12;
thence along said south line, North 88054'36" East 165.65 feet to a point on the west line
of that land as described in O.R. Book 1439, page 1770, Public Records of Collier
County, Florida;
thence along said west line North 00°54'01" West 30.03 feet to a point on the south line
of that land as described in O.R. Book 1952, page 284, Public Records of Collier County,
Florida;
thence along said south line, South 88°54'36'' West 1325.19 feet to the north-south ¼
line of said Section 12;
thence along said north-south ¼ line, North 00o50'59" West 628.30 feet to the northwest
comer of that land as described in O.R. Book 1952, page 284, Public Records of Collier
County, Florida and a point hereinafter referred to as Point "B";
02934-007.005- ESFIM. 229~g
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thence along the north line of said land, North 88°55'21" East 1324.63 feet to the
northwest comer of that land as described in O.R. Book 1439, page 1770, Public Records
of Collier County, Florida;
thence along said line, North 88°55'21" East 1059.38 feet to a point that is 265 feet west
of as measured at right angles to the east line of said Section 12;
thence along said line South 00057'34'' East 657.27 feet;
thence continue along said line South 00058'26" East 656.84 feet to the east-west ¼ line
of said Section 12;
thence along said line North 88°51 '44" East 264.89 feet to the east ¼ comer of said
Section 12;
thence along the east line of said Section 12, South 00°59'11" East 2622.86 feet to the
Point of Beginning of the parcel herein described
Containing 213.71 acres more or less
1.3 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership of, or contract with LBP,
or their assigns, whose address is 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs,
FL 34134.
1.4 GENERAL DESCRIPTION OF PROPERTY
A. Mediterra is an in-fill project to be developed on 1696 acres located west ofi-75 in
north Collier County and south Lee County. Approximately 1168 + acres of the
project are in Collier County and the remaining acres are in Lee County. The PUD
jurisdiction applies only to the property located in Collier County.
B. The Collier County project site is located in Sections 11 and 12, Township 48
South, Range 25 East, and is generally bordered on the west by Industrial and
Residential zoned property and Old US 41; on the north by Lee County Agricultural
zoned property; on the east by Agricultural zoned property; and on the south, by
RSF-3 (Imperial Golf Estates) zoned property and Agricultural zoned property. The
location of the site is shown on Exhibit "A".
C. The zoning classification of the subject property at the time of PUD application is
Agricultural and Agricultural with ST overlay and PUD.
D. Elevations within the site vary from approximately 11 to 14 feet-NGVD. The
Project is located outside the 100-year floodplain. Specifically, the Project is located
within Zone X of the FEMA Flood Insurance Rate Map (panel numbers 120067
0185D, 0191D, and 0195D, dated June 3, 1986).
E. According to the Collier County Soil Survey prepared by NRCS, 14 soil units are
present on the project site. These units, all of which are common to Collier County
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and southwest Florida, include the following: Malabar fine sand; Riviera-limestone
substratum/Copeland fine sand; Immokalee fine sand; Hallandale fine sand; Pineda
fine sand-limestone substratum; Basinger fine sand; Riviera fine sand-limestone
substratum; Boca fine sand; Boca/Riviera-limestone substratum/Copeland fine sand,
depressional; Holopaw fine sand; Urban land-Holopaw/Basinger complex; Satellite
fine sand; Urban land-Satellite complex; and Hallandale/Boca fine sand.
Vegetation on site primarily consists of pine flatwoods with palmetto subcanopy,
pine flatwoods with graminoid subcanopy, cypress-pine-cabbage palm, melaleuca,
fallow agricultural land, and other open agricultural lands. Exotic vegetation (i.e.,
Brazilian pepper and melaleuca) has invaded most habitat types. The levels of
infestation of melaleuca and Brazilian pepper have increased significantly since the
original site mapping. Many of the wet prairies, pine flatwoods, pine graminoid and
pine-cypress-cabbage palms habitats have been heavily invaded by melaleuca
and/or Brazilian pepper. A detailed vegetative inventory and FLUCCS map is
included.
F. The Project is located within the Cocohatchee River Basin (Class II) as depicted
within the Collier County Drainage Atlas (June 1998).
1.5 DEVELOPMENT OF REGIONAL IMPACT
LBP has received a Binding Letter of Interpretation of DRI status from the Florida
Department of Community Affairs (DCA) determining that the project is not a DRI and will
result in no regionally significant impacts. At the time the binding letter was received, the
project was known as Toulon.
1.6 DENSITY
A. Mediterra is to be developed on 1,696 acres in north Collier County and south Lee
County. The number of dwelling units authorized to be built pursuant to the DCA's
binding letter, dated February 5, 1999, is 950 units. The gross project density, therefore,
will be a maximum of 0.56 units per acre. The number of dwelling units to be built in
Collier County pursuant to this PUD will not exceed 750.
B. At all times all property included within Mediterra as described in Section 1.2 shall be
included in determining the Collier County project area density.
2-1
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Mediterra,
and to identify relationships to applicable County ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. Mediterra, a private golf course community, will include a range of single family
and multi-family housing along with a Village Center, which will provide many
services and facilities that support its residents, including, but not limited to club
facilities, community meeting rooms, small scale neighborhood retail goods and
services, and a recreation and aquatic center.
B. The Master Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. D-
2934-54). A Land Use Summary indicating approximate land use acreages is
shown on the plan. The location, size, and configuration of individual tracts shall be
determined at the time of Preliminary Subdivision Plat approval with minor
adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2, of
the LDC.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Mediterra shall be in accordance with the contents
of this PUD Ordinance, and to the extent they are not inconsistent with this PUD
Ordinance, applicable sections of the LDC and Collier County Growth Management
Plan which are in effect at the time of issuance of any development order to which
said regulations relate which authorizes the construction of improvements, such as
but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation
Permit and Preliminary Work Authorization. Where this PUD Ordinance does not
provide developmental standards, then the provisions of thc specific section of the
LDC that is otherwise applicable shall apply.
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the LDC in
effect at the time of development order application.
C. Development permitted by the approval of this PUD will be subject to the Adequate
Public Facilities Ordinance, Division 3.15 of the LDC, and the Developers
Contribution Agreement dated February 17, 1998, as amended, with respect to road
impact fee credits and the vesting of Certificates of Public Facilities Adequacy.
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D. Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of other applicable sections of the Land Development Code remain in
effect with respect to the development of the land which comprises this PUD.
E. All conditions imposed herein are part of the regulations which govern the manner
in which the land may be developed.
F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to
Mediterra, except where an exemption is set forth herein or otherwise granted
pursuant to Land Development Code Section 3.2.4.
G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall
apply to Mediterra, except where an exemption is set forth herein or otherwise
granted pursuant to Land Development Code Section 3.3.4.
H. For purposes of the various impact fee ordinances, residential uses, other than the
conventional single family detached dwellings, shall be classified as either multi-
family or condominium/townhouse in accord with definitions of the applicable
impact fee ordinance.
2.4 COMMUNITY DEVELOPMENT DISTRICT
A. LBP may elect to establish a Community Development District (CDD) to provide
and maintain infrastructure and community facilities needed to serve the Project.
Such a CDD would constitute a timely, efficient, effective, responsive and economic
way to ensure the provision of facilities and infrastructure for the proposed
development. Such infrastructure as would be constructed, managed and financed
by such a CDD shall be subject to, and shall not be inconsistent with, the Collier
County Growth Management Plan and all applicable ordinances dealing with
planning and permitting of Mediterra.
B. The land area is amenable to infrastructure provision by a district that has the
powers set forth in the charter of a Community Development District under Section
190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative
available both to the County and to the landowner for the timely and sustained
provision of quality infrastructure under the terms and conditions of County
development approval.
2.5 ROADWAYS
Standards for roads shall be in compliance with the applicable provisions of the LDC
regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or
approved during Preliminary Subdivision Plat approval. LBP reserves the right to request
substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. LBP
retains the right to establish gates, guardhouses, other access controls, signs and monuments
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as may be deemed appropriate by LBP on all privately owned and maintained project
roadways.
A. Roadways within Mediterra shall be designed and constructed in accordance with
Section 3.2.8.4.16. of the LDC with the following substitutions:
1. LDC Section 3.2.8.4.16.5. - Street right-of-way width: The minimum fight-
of-way width to be utilized for a local street within Mediterra shall be forty
(40) feet.
2. LDC Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be
provided with a minimum of a twenty (20) foot radius (face of curb) for all
internal project streets and a thirty-five (35) foot radius for intersections at
project entrances.
3. LDC Section 3.2.8.4.16.10. - Reverse Curves: Tangents shall not be
required between reverse curves on any project streets.
4. LDC Section 3.2.8.4.16.6. - Cul-de-sac radius: The minimum right-of-way
radius to be utilized shall be fifty-five (55) feet.
B. Sidewalks/bike paths shall conform with Section 3.2.8.3.17. of the LDC except as
follows:
1. LDC Section 3.2.8.3.17.2. - The Mediterra loop road shall be considered a
minor collector street and shall have an eight-foot (8') wide pathway on one
side of the street that will meander in and out of the right-of-way.
2. LDC Section 3.2.8.3.17.2. - Both project entrance streets shall require a
sidewalk or bikepath on one side of the street.
3. LDC Section 3.2.8.3.17.3. - All cul-de-sacs shall not be required to have a
sidewalk or bikepath provided the following conditions are satisfied:
a) the right-of-way section shall include two ten foot (10') wide travel
lanes, with two foot (2') mountable curbs, and
b) the gross density of the cul-de-sac shall be less than two (2) units per
acre.
2.6 LAKE SETBACK AND EXCAVATION
A. An excavation permit will be required for the proposed lakes in accordance with
Division 3.5 of the LDC and SFWMD rules. The minimum lake setbacks fi.om
lakes to roadways shall be 20 feet from the back of the non-mountable (barrier)
curb to the edge of water. Upon approval by the Community Development and
Environmental Services Administrator, equal substitutes to non-mountable
2-4
(barrier) curb will be allowed. The minimum lake setback from lakes to the
Project boundary shall be 20 feet.
B. Upon receipt of a development excavation permit, all lakes greater than two (2)
acres may be excavated to the maximum commercial excavation depths set forth
in Section 3.5.7.3.1, however removal of fill and rock from Mediterra shall be
administratively permitted in an amount up to 10 percent per lake (20,000 cubic
yards maximum), unless a commercial excavation permit is issued.
C. Excavation for Livingston Road construction north of Immokalee Road and off-
site hauling of rock and fill materials shall be a permitted use within this PUD
subject to the receipt of a development excavation permit which shall be
administratively processed by the Community Development and Environmental
Services Administrator.
D. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and
fill materials shall be a permitted use within this PUD subject to the receipt of a
commercial excavation permit which shall be administratively processed by the
Community Development and Environmental Services Administrator.
2.7 USE OF RIGHTS-OF-WAY
Utilization of lands within all project fights-of-way for landscaping, decorative entrance
ways, and signage shall be allowed subject to review and administrative approval by LBP
and the Collier County Development Services Director for engineering and safety
considerations during the development review process and prior to any installations.
2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES
Model homes, sales centers, sales offices, construction offices, and other uses and structures
related to the promotion and sale of real estate including, but not limited to, pavilions,
viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses
throughout Mediterra. These uses may be either wet or dry facilities. These uses shall be
subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with the
exception that five (5) dry models shall be allowed within each development tract, and the
temporary use permit shall be valid through the buildout of the project with no extension of
the temporary use required. These uses may use septic tanks or holding tanks for waste
disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells.
2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein
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may be made by LBP in connection with any type of development or permit application
required by the LDC.
The Community Development and Environmental Services Administrator shall be
authorized to approve minor changes and refinements to the Mediterra Master Plan upon
written request of LBP.
A. The following limitations shall apply to such requests:
1. The minor change or refinement shall be consistent with the Collier County
Growth Management Plan and the Mediterra PUD document.
2. The minor change or refinement shall not constitute a substantial change
pursuant to Section 2.7.3.5.1. of the LDC.
3. 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 conservation areas within or external to the PUD.
B. The following shall be deemed minor changes or refinements:
I. 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.
2. Internal realignment of rights-of-ways, other than a relocation of access
points to the PUD itself, where water management facility, preservation
areas, or required easements are not adversely affected or otherwise
provided for.
3. Reconfiguration of parcels when there is no encroachment into the
conservation area.
C. Minor changes and refinements as described above shall be reviewed by appropriate
Collier County Staff to ensure that said changes and refinements are otherwise in
compliance with all applicable County Ordinances and regulations prior to the
Community Development and Environmental Services Administrator's
consideration for approval.
D. Approval by the Community Development and Environmental Services
Administrator of a minor change or refinement may occur independently from and
prior to any application for Subdivision or Site Development Plan approval,
however such approval shall not constitute an authorization for development or
implementation of the minor change or refinement without first obtaining all other
necessary County permits and approvals.
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2.10 COMMON AREA MAINTENANCE
Most common area maintenance will be provided by a CDD or a Property Owners'
Association. A CDD is a legitimate alternative for the timely and sustained provision of
quality common area infrastructure and maintenance under the terms and conditions of a
County development approval. For those areas not maintained by a CDD, LBP shall create
a property owners' association or associations, whose functions shall include provision for
the perpetual maintenance of common facilities and open spaces. A CDD or the property
owners' association, as applicable, shall be responsible for the operation, maintenance, and
management of the surface water management systems and preserves serving Mediterra, in
accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292,
together with any applicable permits from the South Florida Water Management District.
2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Mediterra. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 3:1
2. Ground covered berms 2:1
3. Rip-Rap berms 1:1
4. Structural walled berms - vertical
B. Fence or wall maximum height: Ten feet (10'), as measured from the finished floor
elevation of the nearest residential structure within the development. If the fence or
wall is constructed on a landscape berm that is higher than the nearest residential
structure, the wall shall not exceed eight feet (8') in height from the top of berm.
C. Upon submission of a typical cross-section, aerial, plan view and vegetation
removal permit application, the Community Development and Environmental
Services Department Administrator may approve landscape buffers, berms, fences
and walls to be constructed along the perimeter of the Mediterra PUD boundary
prior to preliminary subdivision plat and site development plan submittal.
Subsequent to construction, all such areas must be included in a landscape easement
or tract on f'mal plats, or identified in a separate recorded instrument.
D. Fences or walls may be placed zero feet (0') from internal right-of-way provided
that shrubs are provided in the right-of-way pursuant to Section 2.7 and may be
located five feet (5') from project perimeter.
E. Fences and walls which are an integral part of security and access control structures
such as gate houses and control gates shall be subject to the height limitations for
principal residential structures. In the case of access control structures within rights-
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of-way adjoining two or more different districts, the more restrictive height standard
shall apply.
F. Pedestrian sidewalks and/or bike paths, water management systems, drainage
structures, signs and utilities are allowed in landscape buffers/easements as
approved by the Mediterra Design Review Team.
G. Landscape berms located within the Mediterra PUD boundary and contiguous to a
property line and/or right-of-way line may be constructed such that the toe of slope
is located on the property line and/or right-of-way line.
H. Internal recreational and community facilities do not require perimeter buffers.
2.12 CLEARING AND FILL STORAGE
Fill storage is generally permitted as a principal use throughout Mediterra. Fill material may
be transported and stockpiled within areas which have been disturbed/fanned or are shown
as development areas on an approved PSP. Prior to stockpiling in these locations, LBP
shall provide written notification to the Community Development and Environmental
Services Administrator. Residential areas 25 acres or less (including building footprints)
shall be allowed to be cleared prior to the issuance of the building permits, provided the
areas to be cleared are shown on an approved subdivision construction plan or SDP. The
following standards shall apply for all stockpiling on-site:
A. Stockpile maximum height: forty-five feet (45')
B. Stockpile maximum slide slopes: 2:1
C. Fill storage areas in excess of ten feet (10') in height shall be separated from
developed areas by fencing, excavated water bodies or other physical barriers if the
side slope of the stockpile is steeper than 4 to 1 (i.e. 3 to 1).
D. Soil erosion control shall be provided in accordance with LDC Division 3.7.
2.13 DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is 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 LDC, Section 2.2.20.2.3.
B. Mediterra is planned as a private, fimctionally interrelated community under unified
control. LBP has established community-wide design guidelines and standards to
ensure a high and consistent level of quality for community features and facilities,
which include features and facilities such as landscaping, hardscape, waterscapes,
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signage, lighting, sidewalks, bicycle paths, pavement treatments, roadway medians,
fences, walls, buffers, berms and other similar facilities. To further ensure that the
Mediterra design guidelines and standards are complied with, no SDP or PSP may
be submitted or approved without the Mediterra Design Review approval.
2.14 PRELIMINARY SUBDIVISION PLAT PHASING
Submission, review, and approval of Preliminary Subdivision Plats for the project may be
accomplished in phases to correspond with the planned development of the property.
2.15 AGRICULTURAL ACTIVITIES
The site is currently undeveloped or used for agriculture or cattle grazing purposes, and
associated and accessory uses thereto. These existing agricultural uses shall be permitted to
continue throughout the project site and will be phased out as development occurs within
individual parcels.
2.16 GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Mediterra PUD
except in the Wetland Conservation Area. General permitted uses are those uses which
generally serve LBP and residents of Mediterra and are typically part of the common
infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
4. Septic system for remote golf shelters
5. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
6. Guardhouses, gatehouses, and access control structures.
7. Community and neighborhood parks, trails and recreational facilities.
8. Temporary construction, sales, and administrative offices for LBP and
LBP's authorized contractors and consultants, including necessary access
ways, parking areas and related uses.
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9. Landscape/hardscape features including, but not limited to, landscape
buffers, berms, fences, water features and walls subject to the standards set
forth in Section 2.11 of this PUD.
10. Fill storage, site filling and grading are subject to the standards set forth in
Section 2.12 of this PUD.
11. Any other use which is comparable in nature with the foregoing uses and
which the Community Development and Environmental Services
Administrator determines to be compatible.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to structures:
1. Guardhouses, gatehouses, signage and landscape features, and access control
structures shall have no required setback.
2. Setback from property lines:
Front: ten feet (10')
Side: five feet (5')
Rear: ten feet (10')
3. 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. Maximum height of structures - thirty-five feet (35').
6. Minimum floor area - None required.
7. Minimum lot or parcel area - None required.
8. Sidewalks and bikepaths may occur within County required buffers.
9. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within Mediterra development
standards, are to be in accordance with the applicable LDC provision in
effect at the time this PUD is approved.
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2.17 OPEN SPACE REQUIREMENTS
The PUD Master Plan identifies approximately 646 acres included in the preserve area,
lakes, recreation, open space, golf and buffer designations. These areas, in conjunction with
open space areas included within the Residential District, fully satisfy the open space
requirements of Section 2.6.32 of the LDC.
2.18 NATIVE VEGETATION RETENTION REQUIREMENTS
The preserve areas on site shall satisfy the requirements of Policy 6.4.6 of the Conservation
and Coastal Management Element of the Collier County Growth Management Plan. There
may be some minor adjustments to the proposed preserve areas during SFWMD permitting.
2.19 SIGNAGE
A. GENERAL
1. All Collier County sign regulations in force at the time of approval shall
apply unless such regulations are in conflict with the conditions set forth
in this Section, in which case the PUD Document shall govern.
2. For the purpose of this PUD Document, each platted parcel shall be
considered a separate parcel of land and shall be entitled to any sign as
permitted herein.
3. Should any of the signs be requested to be placed within a County
dedicated right-of-way, a right-of way permit must be applied for and
approved.
4. All signs shall be located so as not to cause sight line obstructions.
5. All internal project rights-of-way may be utilized for decorative
landscaped entrance features and signage subject to review and approval
from the Planning Services Department for consistency with the
requirements set forth herein.
6. Signs may be allowed in landscape buffers/easements with the approval of
the Mediterra Design Review Team.
B. BOUNDARY MARKERS
1. One boundary marker or monument may be located at each property
comer. The boundary marker may contain the name of the community,
and the insignia or motto of the development.
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2. The sign face area may not exceed 80 square feet and may not exceed the
height or length of the monument upon which it is located. If the sign is
two-sided, each sign face may not exceed 60 square feet in area.
3. Sign face area is calculated by total square footage of name, insignia, and
motto only.
4. The setback for the signs from Livingston Road fights-of-way and any
perimeter property line shall be 5 feet.
C. PROJECT ENTRANCE SIGNS
1. Three ground or wall-mounted entrance signs maybe located at on both
sides of the entrance fight-of-way and in the entry median. Such signs
may contain the name of the subdivision, and the insignia or motto of the
development.
2. No sign face area may exceed 100 square feet and the total sign face area
of Entrance Signs may not exceed 200 square feet. If the sign is a single,
two-sided sign, each sign face may not extend beyond 100 square feet in
area. The sign face area shall not exceed the height or length of the wall or
monument upon which it is located.
3. The setback for the signs from Livingston Road fights-of-way and any
perimeter property line shall be 5 feet.
4. Entrance signs may not exceed a height of 20 feet above the finished
ground level of the sign site. For the purpose of this provision, finished
grade shall be considered to be no greater than 18 inches above the highest
crown elevation of the nearest road, unless the wall or monument is
constructed on a perimeter landscape berm.
D. TEMPORARY SIGNS
1. Temporary signs may be permitted and may consist of the following types:
project identification, boundary marker, real estate, sales center
identification, and directional.
2. Each sign may not exceed 160 square feet in area. If the sign is two-sided,
each sign face may not exceed 160 square feet in area.
3. The setback for temporary signs from Livingston Road fights-of-way and
any perimeter property line shall be 5 feet.
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4. Temporary signs may not exceed 20 feet in height above the finished
ground level of the sign site.
5. Temporary signs may remain in place simultaneously with permanent
signage until the project reaches 99% build-out.
6. Special event signs not exceeding 32 square feet per side in size may be
displayed to announce or advertise such temporary uses as open houses,
community fairs or programs or any charitable, educational event. Such
sign shall be located no closer than 10 feet to any property line. Such
signs may be displayed on light poles.
7. Grand opening signs: LBP may display on-site grand opening signs not
exceeding 32 square feet total.
8. No building permit is required for temporary signs as listed above.
E. CONSTRUCTION ENTRANCE SIGNS
1. Two "construction ahead" signs may be located at appropriate distances
ahead of a construction entrance, with a maximum of 20 square feet each
in size. No building permit is required.
2. One sign, with a maximum of 20 square feet in size, may be located at
each construction entrance to identify the entrance as such. No building
permit is required.
F. INTERNAL SIGNS
1. Residential and community facilities entrance signs may be located on
both sides of the neighborhood entrance street and within the entry
median. Setbacks from internal road right-of-way may be zero feet (0').
Such signs may be used to identify the location of neighborhoods, club
house, recreational areas and other features within Mediterra. Individual
signs may be a maximum of 100 square feet per sign face area. Such signs
may have a maximum height of 12 feet. No building permit is required.
2. Directional or identification signs may be allowed internal to the
subdivision. Such signs may be used to identify the location or direction
of approved uses such as sales centers, model centers, recreational uses,
information centers, or the individual components of the development.
Individual signs may be a maximum of 6 square feet per side or signs
maintaining a common architectural theme may be combined to form a
menu board with a maximum size of 64 square feet per side and a
maximum height of 8 feet.
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3. LBP may have real estate signs with a maximum size of 6 square feet per
side in residential districts. Such signs may advertise "For Sale", "Sold
To", "Lot #", etc. No building permit is required.
G. TRAFFIC SIGNS
1. Traffic signs such as street signs, stop signs, and speed limit signs may be
designed to reflect a common architectural theme.
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SECTION III
RESIDENTIAL DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Mediterra designated on the Master Plan as "R."
3.2 MAXIMUM DWELLING UNITS
The number of dwelling units authorized to be built pursuant to the DCA's binding letter,
dated February 5, 1999, is 950 units. The number of dwelling units to be built in Collier
County pursuant to this PUD will not exceed 750.
3.3 GENERAL DESCRIPTION
Areas designated as "R" on the Master Plan are designed to accommodate a full range of
residential dwelling types, compatible non-residential uses, 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 LDC. Residential tracts are designed to accommodate internal roadways, open
spaces, recreational facilities and other similar uses found in residential areas.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Single Family Detached Dwellings
2. Single Family Patio and Zero Lot Line Dwellings
3. Single Family Attached Dwellings
4. Multi-Family Dwellings
5. Guest Houses
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6. Any other principal use which is comparable in nature with the foregoing
uses and which the Community Development and Environmental Services
Administrator determines to be compatible in the "R" District.
B. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses
permitted in this district including neighborhood community recreational
facilities.
2. Any other accessory use which is comparable in nature with the foregoing
uses and which the Community Development and Environmental Services
Administrator determines to be compatible in the "R" District.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the 'R' Residential
District.
B. Site development standards for single family uses apply to individual residential lot
boundaries. Multi-family standards apply to platted parcel boundaries.
C. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Mediterra design guidelines and
standards, are to be in accordance with the LDC in effect at the time of Site
Development Plan approval or Preliminary Subdivision Plat approval. Unless
otherwise indicated, required yards, heights, and floor area standards apply to
principal structures.
D. Development standards for uses not specifically set forth in Table I shall be
established during Site Development Plan Approval as set forth in Article 3,
Division 3.3. of the Land Development Code in accordance with those standards of
the zoning district which is most similar to the proposed use.
E. Required property development regulations may be approved that are different than
those set forth in Table I, subject to approval by the Collier County Planning
Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1
through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed
satisfied pursuant to Section 2.17 of this PUD.
F. The Collier County Public Works Division shall allow the installation of potable
water and irrigation water service connections to distribution mains during
construction of the single family subdivision utilities. The installation will be
scheduled upon request and payment of fees by LBP, its successors and/or assigns.
The installation will be in accordance with the approved plans and specifications,
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current policies and procedures, and performed by LBP's contractor. The contractor
must be approved for the installation by the Collier County Public Works Division.
Fees will be determined in accordance with the impact fee ordinance in effect at the
time of the request for connections.
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TABLE I
MEDITERRA DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS
SINGLE FAMILY PATIO & ZERO TWO FAMILY SINGLE FAMILY MULTI FAMILY
DETACHED LOT LINE DUPLEX & ATTACHED AND DWELLINGS
DUPLEX TOWNHOUSE
Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF *4 3,000 SF NA
Minimum Lot Width *5 75 50 35 30 NA
Front Yard Setback
(Principal and Accessory) 20 20*3 12/20*3 12/20*3 20
Front Yard for Side
Entry Garage 12 12 12 12 12
Rear Yard Setback*7
(Principal) 10 5' 8 I 0 I 0 .5 BH
Rear Yard Setback* I
(Accessory) 5 5 5 5 I 0
Side Yard Setback 7.5 0*6 0 or 7.5 0 or .5 BH .5 BH
Maximum Height *2 40 35 35 35 50
Floor Area Minimum (SF) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF
Distance Between
Principal Structures 15 10 0 or 15 .5 SBH .5 SBH
BH: Building Height
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements.
Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the
Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building
configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as
needed.
All distances are in feet unless otherwise noted.
Any structure more than two stories in height will maintain a 20 foot minimum building separation.
Guest houses shall meet the applicable principal structure setbacks.
Flag lots shall have no minimum lot width but will meet lot area requirements
Project walls shall be allowed within I foot of the right-of-way line.
With approval from LBP, front yards shall be measured as tbllows:
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).
*1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from LBP
Design Review Committee and Project Plan Review.
*2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure.
*3 - Units with side entry garage may have a 12 foot front yard setback. Units with front entry garage must have a minimum 20 lbot front yard setback.
*4 - Each half ora duplex unit rcqmres a lot area allocation of 3,500 S.F. 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 minimum lot area requirement is still maintained.
*6 - Zero foot (0') minimum side setback on cilher or both sides as long as a minimum 10 foot separation between principal structures is maintained. Patios, pools and
screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining
dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the
Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between
principal and accessory stroctures, lhe conceptual exhibit may be modified as needed.
*7 With written approval from LLBP Design Review Committee, the setback from the twenty foot (20') lake maintenance easement for principal structures may be zero
feet (0') with a minimum twenty feet (20') from the waters edge.
*8 Setback from lake may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from LBP Design Review Committee
and Project Plan Review
4-1
SECTION IV
VILLAGE CENTER
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Mediterra designated on the Master Plan as Vdlage Center."
4.2 MAXIMUM SQUARE FOOTAGE
A maximum of 60,000 square feet floor area of non-commercial uses as listed below, and
20,000 square feet floor area of commercial uses as listed below, may be constructed on
lands designated "Village Center."
4.3 GENERAL DESCRIPTION
The approximate acreage of the Village Center District is indicated on the 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 LDC. The Village Center tract is designed to accommodate internal roadways, open
spaces, lakes and water management facilities, and other similar uses.
4.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Golf courses, golf clubhouses, and golf facilities.
2. General store with convenience goods and deli.
3. Tennis, health and fitness, swimming and other recreational clubs.
4. Project information and sales centers.
5. Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, septic systems, utilities pumping
facilities and pump buildings, utility and maintenance staff offices.
6. Public administration facilities.
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7. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing
piers, picnic areas, fitness trails and shelters.
8. Temporary construction access roads.
9. Commercial banks - drive-through facilities are prohibited (Groups 6021-
6029)
10. Real estate agents and managers for property within PUD only (Group
6531)
11. Hardware store only - 2,500 sq./ft, maximum floor area (Group 5251)
12. Variety stores - 2,500 sq. ft. maximum floor area. (Group 5331)
13. Miscellaneous general merchandise stores, except catalog showrooms -
2,500 sq. ft. maximum floor area (Group 5399)
14. Grocery stores, except frozen food and freezer plans - 10,000 sq. ft.
maximum floor area (Group 5411)
15. Fish, meat, and seafood markets only (Group 5421)
16. Fruit and vegetable markets (Group 5431)
17. Retail bakeries (Group 5461)
18. Health food store only - 2,500 sq. ft. maximum floor area (Group 5499)
19. Gasoline service stations, except track stops (Groups 5541)
20. Apparel and accessory stores - 2,500 sq. ft. maximum floor area (Groups
5611-5661)
21. Record and prerecord tape stores (Group 5735)
22. Eating places, except caterers and industrial and institutional food service
establishments, dinner theaters, drive-in restaurants and restaurants with
drive-through facilities (Group 5812)
23. Liquor stores (Group 5921)
24. Gift, novelty, and souvenir shops (Group 5947)
25. Sewing, needlework, and piece goods stores (Group 5949)
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26. Florists (Group 5992)
27. Agents for laundries and dry-cleaner only (Group 7212)
28. Coin-operated laundries and dry-cleaning (Group 7215)
29. Diaper service, and garment alteration and repair shops only (Group 7219)
30. Beauty shops, except beauty schools and cosmetology schools (Group 7231)
31. Barber shops, except barber colleges (Group 7241)
32. Depilatory salon, electrolysis, massage parlor, shopping service for
individuals, and tanning salons only (Group 7299)
33. Housekeeping and maid service only (Group 7349)
34. Video tape rental (Group 7841)
35. Physical fitness facilities (Group 7991 )
36. Offices and/or clinics of physicians, and offices and/or clinics of dentists
(Groups 8011-8021)
37. Offices and clinics of chiropractors (Group 8041)
38. Any other principal use which is comparable in nature with the foregoing
uses (including general and professional offices not specifically listed
above) and which the Development Services Director determines to be
compatible in the Village Center District.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this District.
2. Customary accessory uses include, but are not limited to, recreational
facilities that serve as an integral part of the permitted uses such as pool,
tennis facilities, parks, playgrounds and playfields.
3. Any other accessory use which is comparable in nature with the foregoing
uses and which the Community Development and Environmental Services
Administrator determines to be compatible in the Village Center District.
4.5 DEVELOPMENT STANDARDS
4-4
A. Minimum Yard Requirements:
1. Front Yard: Principal Structure - Twenty feet (20') minimum or one-half the
building height, whichever is greater. Accessory structure - Ten feet (10').
2. Side Yard: Principal Structure - Fifteen feet (15'). Accessory structure -
Five feet (5').
3. Rear Yard: Principal Structure - Twenty feet (20'). Accessory structure -
Five feet (5').
4. Setback fi.om a lake for all principal and accessory uses may be zero feet
(0') provided architectural bank treatment is incorporated into the design.
B. Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - Fifty feet (50'), except clock towers or similar
architectural features, which shall be permitted up to sixty-five feet (65').
D. Commemial uses shall be located a minimum of two hundred and fifty feet (250')
fi.om the perimeter boundaries of the PUD and the nearest extemal roadway
providing access to the PUD.
E. Commercial uses shall be located within a 1/3 mile radius of at least 80% of the
residential units that are east of Livingston Road North-South.
F. Minimum distance between all other principal structures - Fifteen feet (15').
G. Minimum distance between all other accessory structures - Ten feet (10').
H. Minimum floor area - None required
I. Maximum floor area ratio for commercial uses - 0.25
J. Minimum lot or parcel area - None required
K. Minimum lot width - None required
L. Parking for any and all uses and structures constructed in the Village Center
District: one (1) space per 200 square feet of building area.
M. Standards for landscaping, architecture, and other land uses where such standards
are not specified herein are to be in accordance with 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.
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SECTION V
RECREATION AND OPEN SPACE DISTRICT
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Mediterra designated on the Master Plan as "R/O".
5.2 GENERAL DESCRIPTION
Areas designated as "R/O" on the Master Plan are designed to accommodate a full range of
golf course, recreational, water management and open space uses, as well as to provide
lands for community-related ancillary uses and essential services.
5.3 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, golf clubhouses, and golf facilities.
2. Tennis, health and fitness, swimming and other recreational clubs.
3. Project information and sales centers.
4. Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds,
water and wastewater treatment plants, septic systems, utilities pumping
facilities and pump buildings, utility and maintenance staff offices.
5. Public administration facilities.
6. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing
piers, picnic areas, fitness trails and shelters.
7. Temporary construction access roads.
8. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "R/O" District.
5-2
B. Permitted Uses And Structures Within Archaeological Site
1. Opens space uses and structures such as, but not limited to, nature trails, bicycle
trails, gazebos, picnic areas, fitness trails, shelters, playground equipment and
associated playground areas, landscaped areas, irrigation pipes, volleyball
courts, rest shelters, and drinking fountains. Any uses and structures permitted
shall not disturb areas beneath the existing soil surface and a minimum of 6
inches of clean fill dirt shall be placed over the area except in places where the
area will be left in its natural state or will be landscaped. A certified
archaeologist shall be present on site to monitor any excavation for irrigation
pipes and landscaping.
2. Any other uses and structures which are comparable in nature with the foregoing
and which the Development Services Director determines to be compatible.
C. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal uses
permitted in this Disthct.
2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters,
snack bars.
3. Retail establishments accessory to the permitted uses of the district such as,
but not limited to, golf, tennis, and recreational related sales.
4. Restaurants, cocktail lounges, and similar uses intended to serve the
residents of Mediterra and their guests.
5. Telecommunications facilities.
6. Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "R/O" and Miscellaneous Open Space/Buffer District.
5.4 DEVELOPMENT STANDARDS
A. Principal structures shall be set back a minimum of ten feet (10') from "R/O"
District boundaries and private roads, and twenty-five feet (25') from all PUD
boundaries and residential tracts, except where the PUD abuts a public fight of way,
in which case the setback shall be one half (½) the height of the structure.
B. Accessory structures shall set back a minimum of five feet (5') from "R/O" District
boundaries and private roads, and twenty feet (20') from all PUD boundaries and
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5-3
residential tracts, except where the PUD abuts a public right of way, in which case
the setback shall be one half (½) the height of the structure.
C. 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 - Sixty-five feet (65').
E. Minimum distance between principal or accessory structures which are a part of an
architecturally unified grouping - Ten feet (10').
F. Minimum distance between all other principal structures - Fifteen feet (15').
G. Minimum distance between all other accessory structures - Ten feet (10').
H. Minimum floor area - None required.
I. Minimum lot or parcel area - None required.
J. Parking for the community center/clubhouse shall be one space per every two
hundred (200) square feet of gross floor area, excluding cart storage areas, which
shall be considered inclusive of required golf course parking
K. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within Mediterra design development standards, are to be
in accordance with Collier County Land Development Code in effect at the time of
Site Development Plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
L. Golf course rest stations and secondary maintenance buildings will be permitted to
use septic tanks or holding tanks for waste disposal subject to permitting under Rule
10D-6 F.A.C., and may use potable and irrigation wells.
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SECTION VI
PRESERVATION AREA
6.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within Mcditerra designated on the Master Plan, as Preservation Area.
6.2 GENERAL DESCRIPTION
Areas designated as Preservation Area on the Master Plan are designed to accommodate
conservation interpretive/educational trails and limited water management uses and
fimctions.
6.3 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. Boardwalks golf cart paths and nature trails (elevated and at grade), and
gazebos.
2. Water management facilities.
3. Temporary construction access road.
4. Utility or roadway crossings.
5. Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the Development
Services Director determines to be compatible in the Preservation Area.
6.4 RESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement or platted tract, whichever is applicable, is required
for preservation lands included in the Preservation Area. LBP, their successor or assigns, or
the Mediterra CDD shall be responsible for the control and maintenance of lands within the
Preservation Area.
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SECTION VII
GENERAL DEVELOPMENT COMMITMENTS
7.1 PURPOSE
The purpose of this Section is to set forth the general development commitments of LBP
within Mediterra.
7.2 GENERAL
A. All facilities shall be constructed in accordance with the final site development plans,
the final subdivision plats, and all applicable state and local laws, codes and regulations
relating to the subdivision of the land, except where specifically noted or otherwise set
forth in this document, or as otherwise approved by Collier County. All state and
federal permits shall be effective according to the stipulations and conditions of the
permitting agencies. Final master plans, final site development plans or final
subdivision plats, and standards and specifications of the Collier County Land
Development Code relating to the same shall apply to this Project, except as otherwise
set forth herein.
B. In addition, the Master Plan and the regulations of the PUD document as adopted along
with any other specific conditions or stipulations as may be agreed to in the rezone
hearing before the Board of County Commissioners, shall control and be applicable to
development of the subject property. LBP, its successors and assigns shall be bound by
said documents, commitments, and stipulations.
7.3 MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section
2.7.3.6 of the Collier County Land Development Code.
7.4 TRANSPORTATION
A. LBP shall provide a fair share contribution toward the capital cost of a traffic signal at
the main project entrance onto Livingston Road (North-South) when deemed
warranted by Collier County. The signal shall be owned, operated and maintained by
Collier County.
B. Collier County and LBP entered into a Developer Contribution Agreement dated 17
February 1998, as amended (herein "Agreement'), to address the design, right-of-way
acquisition, permitting, and construction of Livingston Road from Immokalee Road to
the Lee/Collier County Line.
C. As depicted on the Master Plan, Exhibit "A", LBP has reserved, pursuant to the terms
authorized in the Agreement, a 100 foot wide right-of-way along the eastern edge of
02934.,007-001. ES, BM- 22959
7-2
the project for the construction of Livingston Road (North/South), and LBP has
reserved a 170 foot wide right-of-way along the southern edge of the Project for the
construction of Livingston Road (East-West).
D. It is acknowledged that the cost of construction of Livingston Road is an advanced
payment of Road Impact Fees pursuant to the terms of the Agreement (and that LBP
is eligible for impact fee credits). Notwithstanding the determination of the adequacy
of other public facilities and the payment of any other appropriate impact fees, LBP
has complied with the requirements for transportation adequacy for the issuance of
Certificate(s) of Public Facility Adequacy.
E. Within 180 days Of the adoption of the PUD Ordinance by the Collier County Board
of County Commissioners, the developer shall convey by warranty deed a 200-foot
wide right-of-way along the southern property boundary, east of Livingston Road
North/South, for the construction of Livingston Road East/West. The developer shall
receive impact fee credits pursuant to the Collier County Consolidated Impact Fee
Code Provisions as set forth in Section 74 of the Collier County Code of Laws and
Ordinances and as referenced in Section 2.2.20.3.7 of the Collier County Land
Development Code.
F. Connection permits shall be required for all temporary construction access points.
Such permits shall require any necessary auxiliary lanes and apron paving to be
constructed prior to the use of any temporary access point.
7.5 UTILITIES
A. Water distribution, sewage collection and transmission systems shall be constructed
throughout the project by LBP. Potable water and sanitary sewer facilities
constructed within platted rights-of-way or within dedicated County utility easements
shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17, as
amended, except as may be provided in Section 2.4 of this Document.
B. Upon completion of the utility facilities, they shall be tested to insure they meet
Collier County's utility construction requirements in effect at the time construction
plans are approved.
C. All customers connecting to the potable water and sanitary sewer system shall be
customers of the County, except as may be provided in Section 2.4 of this document.
D. Existing vegetation will be saved where possible; therefore, the County owned
potable water mains and forcemains will be allowed to meander during construction
to save vegetation. The meander will be accomplished by deflecting the pipe or using
fittings in accordance with the Collier County Utilities Ordinance. For horizontal
adjustments over 12 inches from the original alignment, an as-built survey of the
utilities will be required and shown on the record drawings.
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E. Landscaping and sidewalks will be allowed within the right-of-way/County utility
easement (R.O.W./C.U.E.) and over the County owned potable water mains and
forcemains. Small vegetation with unobtrusive root systems shall be allowed
anywhere within the R.O.W./C.U.E. For large vegetation and trees (palms and/or tap
rooted trees), root guards will be installed to prevent roots from coming in contact
with County owned potable water mains and forcemains. The Collier County Public
Works Department will not be responsible for the repairs, replacement, maintenance
or restoration of above-ground improvements or landscaping installed by LBP within
the R.O.W./C.U.E. The aforementioned costs shall be the sole financial responsibility
of LBP, its successor and assigns. This clause will be shown within the homeowners'
association documents and on the construction plans.
F. The County owned potable water mains will end at the beginning of the cul-de-sac
with a fire hydrant. Potable water services will be extended to serve residential lots
along the cul-de-sac. Conduits will be provided for the potable water services, where
necessary.
G. For the County owned potable water mains and forcemains located within a 50 foot
R.O.W./C.U.E. serving single family residential parcels, the potable water main will be
located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be
located a minimum 5 feet off the BOC. The minimum distance from the BOC to the
right-of-way line will be 13 feet. Reference the typical cross-section attached as Exhibit
'D', Section A.
H. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E.
serving single family residential parcels, the potable water main will be located a
minimum 5.0 feet off the BOC. The minimum distance from the BOC to the right-of-
way line will be 8 feet. Reference the typical cross-section attached as Exhibit 'D',
Section B.
I. For the County owned potable water mains and forcemains located along the loop
roadway, the potable water main will be located a minimum 7.5 feet off the BOC and
the forcemain will be located a minimum 5 feet off the BOC. For the loop roadway
section without a median, the minimum distance from the BOC to the right-of-way line
will be 15 feet. For the loop roadway section with a median, the minimum distance
from the BOC to the right-of-way shall be 13 feet. Reference the typical cross-section
attached as Exhibit 'D', Sections C & D.
J. The County owned potable water distribution system will be allowed to connect to the
Collier County potable water transmission system along the Livingston Road (East-
West) corridor, if necessary, to enhance pressures and chlorine residuals within the
Project. To assist the County's operation and maintenance activities, LBP will provide
a stabilized access in areas where there is not paved access adjacent to the County
owned potable water main.
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K. Collier County and LBP entered into a Utility Facilities Reimbursement and
Contribution Agreement dated 12 January, 1999 to address the design, permitting and
construction of utilities along Livingston Road from Immokalee Road to the Lee/Collier
County Line.
L. Irrigation water will be provided with a separate non-Collier County owned distribution
system supplied by on-site wells, reclaimed water and/or other non-potable sources.
7.6 WATER MANAGEMENT
A. In accordance with the rules of the South Florida Water Management District, this
Project shall be designed for a storm event of a 3-day duration and 25-year retum
frequency.
B. The applicant is allowed to not provide 10 percent littoral zone planting within every
lake provided that compensatory littoral plantings are provided in other interconnected
lakes within the Project phase. The applicant will provide the required total littoral zone
plantings that would be required for the Project.
7.7 ENVIRONMENTAL
A. The Collier County 'ST' overlay will be eliminated. A conservation easement will be
provided for the proposed preservation areas per Section 6.4. Based upon final
SFWMD permitting there may be some minor adjustments to the proposed
preservation areas.
B. In order to avoid repetitive review of environmental issues in subsequent stages of the
County development approval process, upon approval of the Mediterra PUD, the
Environmental Impact Statement (EIS) submitted in conjunction with the application
for public heating for PUD Rezone shall serve as the EIS and the requirement for
obtaining approval of an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier
County Land Development Code shall be deemed .satisfied for all future activities which
take place within the Mediterra PUD boundaries that require County permits for or
County approval of development or site alteration. If the Preservation Areas'
boundaries significantly change, the County may require additional information or an
EIS supplement.
C. Collier County shall defer environmental permitting regarding wetlands, wetland
impacts and wetland mitigation to the SFWMD. LBP shall coordinate with and copy
Collier County on approved permits.
D. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be
indicated on the site development plans. A Florida Game and Fresh Water Fish
Commission Gopher Tortoise Relocation or "Incidental Take Permit" will be obtained
prior to construction in areas where gopher tortoise burrows exist.
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7-5
E. All conservation areas shall be recorded as conservation/preservation tracts or
easements with protective covenants per or similar to Section 704.06 of the Florida
Statutes. Conservation areas including those that are recorded on a plat shall be
dedicated to LBP, their successor or assigns, or the Mediterra CDD for the
responsibility of the control and maintenance of lands within the Preservation Area.
F. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the
site, with emphasis on the preservation areas, shall be submitted to Current Planning
Environmental Staff for review and approval prior to final site plan/construction plan
approval. This plan shall include the methods and time schedule for removal of exotic
vegetation within preservation areas.
G. Petitioner shall comply with all permit conditions and stipulations contained within US
Army Corps of Engineers and SFWMD permits issued for Mediterra which concern
protected wildlife species.
H. The Preservation Areas incorporate wetlands as well as buffers including upland and
structural buffers. The Project will be consistent with SFWMD criteria including any
wetland buffering requirements. For these reasons, no additional buffering contiguous
to the Preservation Areas will be required.
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8-1
SECTION VIII
CROSS JURISDICTIONAL PROVISIONS
8.1 PURPOSE
The purpose of this Section is to address and resolve potential inter-jurisdictional issues
related to Mediterra PUD resulting from its location in both Collier and Lee Counties,
pursuant to meetings and coordination between staff of both Counties.
8.2 ADDRESSING
A. As stated in Exhibit C - Letter dated February 19, 1998 from United States Postal
Service Postmaster C. M. K/gin, the main entrance for Mediterra is located within
Collier County and therefore mail for the entire project will be delivered by the
Naples Post Office.
B. As to streets and roadways within Mediterra PUD that cross the boundary between
Lee and Collier Counties, LBP shall select the names of internal roadways and
determine in both counties that the name selected for each roadway is available and
reserved in each county for the roadway before requesting either county to assign
street addresses or numbers to lots or parcels located on such internal roadways.
C. Collier County and Lee County representatives have agreed to work cooperatively
to ensure the assignment of consistent street names and addressing on all internal
roads crossing the County boundary.
8.3 EMERGENCY MANAGEMENT SERVICES
A. Fire suppression, law enforcement and emergency medical services shall be the
responsibility of the county entity or service provider having jurisdiction over
particular parcel or lot.
8.4 UTILITIES
A. The plans for utilities serving the Mediterra PUD will be submitted for review and
approval to the appropriate utility company that has jurisdiction over the subdivision
improvements and/or golf course.
8.5 DEVELOPMENT REVIEW PROCESS
The Development Review Process will be performed in accordance with the Collier County
Land Development Code and the Lee County Development Standards Ordinance. For
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8-2
subdivision improvements and/or golf courses that are located within both counties, the
following will apply:
A. For the portion of the subdivision improvements and/or golf course located within
Collier County, the development plans and plats will be submitted to Collier County
for review and approval. Likewise, for the portion of the same subdivision
improvements and/or golf course located within Lee County, the development plans
and plats will be submitted to Lee County for review and approval.
B. Approval of subdivision improvements and/or golf course improvements within the
jurisdiction of one County will not be contingent upon the review and approval of
the County not having jurisdiction over the improvements.
8.6 PLATTING
A. Individual residential lots shall be planned so that they are located in one county or
the other.
B. Plats for the Mediterra PUD shall be approved and recorded by each County for
land located within its jurisdiction.
C. Building permits for lots in one county within a platted subdivision severed by the
county boundary shall not be issued by that county until the remaining portion of
the subdivision located in the other county has been approved and recorded in
accordance with the respective county subdivision plat ordinance and land
development code.
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~ ..... ~ ~ ~n~ ~ ~ ~ ~ Wils ~nMiller
' PUD MASTER PLAN .............. ~ ............
~ ~1 ~ PREPARED ~R: ~E BONITA BAY GROUP ¢~'r~-~ ~ ?~ ~"~'~z
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2001-61
Which was adopted by the Board of County Commissioners
on the 13th day of November, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 14th
day of November, 2001.
DWIGHT E BROCK
Clerk of Courts?
Deputy Clerk