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Ordinance 2002-07ORDINANCE NO. 02- 0 7 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8627N AND BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RICHLAND PUD, FOR PROPERTY LOCATED ON THE SOUTHWEST CORNER OF IMMOKALEE ROAD (C.R. 846) AND COLLIER BOULEVARD (C.R. 951), IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 150 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-27, THE FORMER RICHLAND PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS, Inc. of Naples, representing Kenco Development Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida; SECTION ONE: The Zoning Classification of the herein described real property located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 8627N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 97-27 known as the Richland PUD, adopted on June 10, 1997, by the Board of County Commissioners of C611ier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND D. ULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this?a,,~, day of ~GH'T E~R~K, Clerk At~t ~ ~ ~1~'~ pprovea as to Fo~ ~d Legal Sufficiency MarjorO~Vl. Student Assistant County Attorney PUDA-2001 -A R- 1494/C B/lo 2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA JAMES N. COLETTA, Chairman This ordinance filed with t~e Secrq;tary of ~to~te's Office the ~,~...~ay ~ ~~' and acknowledgem~nt of ~at filin~ received ?}s of PLANNED UNIT DEVELOPMENT DOCUMENT FOR RICHLAND A PLANNED RESIDENTIAL COMMUNITY Prepared by: PMS, Inc. of Naples 2335 Tamiami Trail N. ff408 Naples, Florida 34103 Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number: Ordinance Number: Document Date: 1/17/02 2/12/o2 2002-07 1/24/02 Exibit TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI Legal Description, Property Ownership and General Description Project Development Residential District Community Commercial District Reserve District General Development Commitments 1-1 2-1 3-1 4-1 5-1 6-1 LIST OF EXHIBITS AND TABLES EXHIBIT "A" EXHIBIT "B" TABLE 1 PUD Master Plan Conceptual Buffer Plan Development Standards for "R" Residential Areas STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Kenco Development, Inc., hereinaf- ter referred to as the Developer, to create a Planned Unit Development (PUD) on 150 +/- acres of land located in Section 27, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Richland. The development of Richland 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 Future Land Use Element and map of the Growth Management Plan and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use District/Urban Residential Sub district and the Activity Center Mixed Use District/Activity Center Subdistrict as iden- tified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The proposed density of Richland is 3.1 dwelling units per acre which is less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four dwelling units per acre. Certain parts of the subject property lie within a one mile radius of an activity center qualifying the area for an additional 3 dwelling units per acre, while an additional dwelling unit per acre is available because the project fronts on two arterial streets. Richland 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 land development regulations as set forth in Objective 3 of the Future Land Use Element. The development of Richland will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. Richland is planned to incorporate natural systems for water management inaccor- dance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The project will be served by a complete range of services and utilities as approved by the County. o The subject property includes an Activity Center Designation, which is a preferred location for commercial and mixed-use developments. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. SHORT TITLE This ordinance shall be known and cited as the "RICHLAND PLANNED UNIT DEVELOPMENT ORDINANCE". iii SECTION 1 1-1 1-2 1-3 1-4 LEGAL DESCRIPTION, PROPERTY OWNERSHIP~ and GENERAL DESCRIPTION PURPOSE The purpose of this Section is to set forth the legal description and ownership of Richland, and to describe the existing condition of the property to be developed. LEGAL DESCRIPTION The northeast 1/4 of Section 27, Township 48 South, Range 26 East, less the East and North 100 feet for the purpose of road right-of-way, located in Collier County, Florida. TITLE TO PROPERTY The Property is currently under the ownership of Kenco Development, Inc., 8610 Pebblebrooke Drive, Naples, Florida, 34119. GENERAL DESCRIPTION OF PROPERTY The project site is located in Section 27, Township 48 South, Range 26 East, and is bordered on the north by Immokalee Road (CR-846), on the east by CR-951, on the south by Oakridge Middle School and on the west by undeveloped agricultural land and Laurel Oak Elementary School The zoning classification of the subject property as of this submittal is PUD (PLANNED UNIT DEVELOPMENT). The site's vegetation includes pine flatwoods, saw palmetto, slash pine and sabal palm. It also contains areas of cypress, fern and sawgrass. Soils on the site are Immokalee fine sand and Arzell fine sand. A small area of pompano fine sand is located in the southeast corner of the site. Do The surrounding area is generally undeveloped, and is located within the Activity Center Designation and Residential Density Band of the Future Land Use Map to the Growth Management Plan. Elevations in the area range from 13.0 - 15.0 feet according to U.S.G.S. quadrangle maps. The site is outside of the flood plane and requires development to be sited 18 inches above the crown of .the road according to flood insurance rate maps. 1-1 1-5 PROJECT DENSITY Ao The total acreage of Richland is approximately 150 acres. The maximum number of dwelling units to be built on the total acreage is 400. The number of dwelling units per gross residential acre is approximately 3.1 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. Commercial uses occupy approximately 23 acres. These described land uses are set forth on the PUD Master Plan, Exhibit "A". At all times, property included within the Richland PUD shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways, easements, reserves and landscape buffers. 1-2 SECTION II 2-1 2-2 PURPOSE PROJECT DEVELOPMENT The purpose of this Section is to generally describe the plan of development for Richland, and to identify relationships to applicable County ordinances, policies, and procedures. GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES Bo Richland, a private community, will include a broad range of Single-family, Multi-family, Community Commercial, Hotel/Motel, Stormwater Management, Open Space and Reserve areas. Each single-family, multi-family and commercial parcel will be served with publicly provided utilities, including potable water, sewer and electricity. Amenities proposed to be provided in the project include, but are not limited to, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces. The Master Plan is illustrated graphically on Exhibit "A". 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 Article 3, Division 3.2, Section 3.2.9 of the Collier County Land Development Code. 2-3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of Richland shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD ordinance) and 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, and Excavation Permit. Where this PUD ordinance fails to provide developmental standards, then the provisions of the most similar zoning district or section of the Collier County Land Development Code shall apply. 2-1 2-4 Bo Unless otherwise defined herein, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance, Article 3, Division 3.15 of the Collier County Land Development Code. Unless modified, waived or excepted by this PUD or by subsequent requests, the provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. Eo All conditions imposed herein or as represented on the Richland Master Plan are part of the regulations, which govern the manner in which the land may be developed. LAND USE The Master Development Plan (Exhibit "A") shows proposed land uses of development for each parcel. Minor variations in acreage shall be permitted at final design to accommodate vegetation, encroachments, utilities, market conditions, and other hereto unforeseen site conditions. LAND USE TYPE LAND USE SCHEDULE RESIDENTIAL (open space, reserve, water management & lakes) COMMERCIAL (open space, reserve, water management & lakes) ACREAGF 127 +/- 23 +/- TOTAL 150+/- 2-2 2-5 SITE DEVELOPMENT PLAN APPROVAL The provisions of Article 3, Division 3.3 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2-6 RESUBDIVISION Resubdivision shall comply with Section 3.2.7.5 of the Collier County Land Development Code. 2-7 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be done in compliance with the Collier County Land Development Code. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time approvals are requested. 2-8 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2-9 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways and signage may be allowed subject to review and administrative approval by the Collier County Planning Services Director for engineering and safety considerations, during the development review process and prior to any building permits. 2-10 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. 2-3 2-11 2-12 2-13 2-14 2-15 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Development Code. PUD MONITORING 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. DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property owner association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shall be designed in accordance with Division 2.3 of the Collier County Land Development Code. OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 150 +/- acres requiring a minimum of 45 acres to be retained as open space throughout the Richland PUD. This requirement shall not apply to individual development parcels. Of the project's total 150 +/- acres, the following acreages represent 30% of the total site, all contributing to open space. Lake 11 +/- acres Reserve: 31 +/- acres Buffer · 7+/- acres TOTAL · 48+~- acres of open space 2-4 2-16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 2-17 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2-18 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2-19 LANDSCAPING Landscaping shall be in accordance with Article 2, Divisions 2.4 and 2.8 of the Collier County Land Development Code, as amended. In addition, a 30-foot Type "B" Buffer shall be provided along the tract boundary line separating the commercial and residential land use tracts. (See Exhibit "B") This buffer shall contain a 6-foot tall pre-cast concrete wall along the entire buffer. 2-20 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excava- tion depths set forth in Section 3.5.7.3.1; however, removal of fill from Richland shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2-21 EXCAVATION AND VEGETATION REMOVAL Improvement of property shall be prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. 2-5 Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site De- velopment Plan to provide for distribution of fill excavated on site or to permit con- struction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. 2-22 SUBDIVISIONS Subdivisions shall be in accordance with Article 3, Division 3.2 of the Collier County Land Development Code. 2-6 RESIDENTIAL 3-1 3-2 3-3 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within the Richland PUD designated on the Master Plan (Exhibit "A") as "R" Residential. MAXIMUM DWELLING UNITS A maximum number of 400 residential dwelling units may be constructed on lands designated "R". GENERAL DESCRIPTION Ao Areas designated as "R" on the Master Land Use Plan are designated to accommodate a full range of residential dwelling unit types. Approximate acreage of land use tracts have been indicated on the PUD Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreage of all development tracts will be provided at the time of permitting. Residential tracts are designed to accommodate internal roadways. Co Single-family lot sizes and development regulations shall be in accordance with Table 1 of this section and shall be identified by the Developer at the time of Preliminary Subdivision Plat approval pursuant to Collier County Zoning Regulations set forth in Division 3.2 of the Collier County Land Development Code. Multi-family uses and development regulations shall be in accordance with Table 1 of this section and shall be identified by the Developer at the time of Site Development Plan approval pursuant to Section 2.5 of this document and applicable Collier County Regulations set forth in Division 3.3 of the Collier County Land Development Code. 3-1 3-4 PERMITTED USES AND STRUCTURES 3.5 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) 2) 3) 4) 5) 6) 7) 8) 9) 10) Single-family detached dwelling units. Single-family attached and townhouse units. Single'family zero lot line dwelling units. Duplex dwelling units. Multi-family dwelling units. Nursing, rest homes and adult congregate living facilities. Recreational facilities including but not limited to parks, playgrounds, commonly owned open space, pools, tennis courts, community buildings; guardhouses; essential services and utility structures. Model homes, sales centers, and temporary development/construction offices shall be permitted in conjunction with the promotion of the development. Water management facilities and lakes. Any other use which is in comparable in nature with the foregoing uses which the Planning Services Director determines to be compatible in the "R" district. B. Permitted Accessory Uses and Structures 1) Customary accessory uses and structures, including but not limited to covered parking, attached and detached garages and swimming pools. 2) 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. PROPERTY DEVELOPMENT REGULATIONS Except as provided in Sec~tion 2.5(B), property development regulations for land uses in the "R" Residential District are set forth in Table 1. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted' parcel boundaries. 3-2 Co Eo Fo Go Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for building relationships set forth in Table 1 shall be established during site development plan approval as set forth in Article 3, Division 3.3 of the Collier County Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced as provided by the provisions in Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.16 of this PUD. Off-street parking required for 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 that 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 zero lot line dwellings units are identified separately from single-family detached dwelling units with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single-family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1 through 3. No housing structure containing three (3) or more dwelling units may be located between two detached, single family structures which are less than 300 feet apart if they are a part of the same platted block. Approval of the location of multiple family structures relative to existing single family detached structures shall rest with the Development Services Director and shall be determined at the time of Site Development Plan pre-application meetings. No nursing, rest homes and adult congregate living facility shall be located within three hundred (300) feet of any single family detached or attached dwelling units. Generally, multiple family dwelling structures with dwelling units above dwelling units shall act as a transition area between nursing, rest homes, adult congregate living facilities and single family detached and attached dwelling units. 3-3 TABLE 1 DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY SINGLE ZERO SINGLE FAMILY FAMILY LOT ATTACHED AND DETACHED LINE DUPLEX TOWNHOUSE Category 1 2 3 4 Minimum Lot Area 5,500 SF 5,000 SF 3,500 SF 3,000 SF Minimum Lot 55 50 35 30 Width *5 Front Yard 20 *3 20 *3 20 *3 20 *3 Front Yard for Side 10 10 10 10 Entry Garage Side Yard 5 *6 0 or 7.5 0 or .5 BH Rear Yard Principal 20 10 20 20 Rear Yard A¢ces- 10 5 10 10 sory Rear Yard *1 10 5 10 10 Maximum Building 35 35 35 35 Height *2 Distance Between 10 10 0 or 15 .5 SBH Principal Structures Floor Area Min. 1200 SF 1200 SF 1200 SF 1200 SF (s.~.) MULTI- FAMILY DWELLINGS 5 1 AC 150 25 15 0.5 BH BH 15 .5 BH 35 .5 SBH 1000 SF BH: Building Height SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of detsnnlnlng setback requirements. All distances are In feet unless otherwise noted. '1 - Rear yards setbacks for principal and accessory structures on lots that abut preserves, shall be in accordance with Section 3.2.8.4.7.3 of the LDC, as amended. Front yards shall be measured as follows: A. If the parcel Is served by a public right-of-way, setback la measured from the adjacent right-of*way line. B. If the parcel is served by a private road, setback le measured from the back of curb (If curbed) or edge of pavement (If not curbed). *2 - Building height shall be the vertical distance measured from the flret habltsble finished floor elevation to the uppermost finished ceiling elevation of the sb'ucture. *3 - Single-family dwellings which provide for 2 parking spaces within an encloeed garage and provide for guest parking other than In private ddvewaya may reduce the front yard requirement to 5' for the garage and 15' for the remaining structures. *4 - Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 SF; 3,000 square feet lot area allocation per dwelling unit for single family attached and townhouse dwelling unite and 3,000 square feet per dwelling unit for elngle tamlly attached and townhouae dwelling units. *$ - Minimum lot width may be reduced by 20% for cul.de-sac lots provided minimum lot area requirement Is still maintained. '6 - Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten-foot (10') yard. Zero foot (03 yards n~y be used on both sides of a structure provided that the opposite ten foot (10') yard is provided. 3-4 SECTION IV COMMUNITY COMMERCIAL DISTRICT 4-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit "A") as "C" Community Commercial. 4-2 MAXIMUM SQUARE FOOTAGE AND ACREAGE A maximum of 231,000 square feet (gross floor area) of Community Commercial uses may be constructed on lands designated "C" on the Master Plan (Exhibit "A"). The Community Commercial tract is limited to a maximum of 23 +/- acres. 4-3 GENERAL DESCRIPTION Areas designated as "C" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. The approximate acreage of the "C" 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 Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Community Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, 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 in part, for other than the following: A. Permitted Principal Uses and Structures 1) 2) 3) 4) Agricultural Services (Group 0742, except no outside kenneling) Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991, 7993) Apparel and Accessory Stores (Groups 5611,5621, 5631,5641, 5651, 5661, 5699) Automotive Dealers and Gasoline Service Stations (Groups 5511, 5531,5541 ) 4-1 5) 6) 7) 8) 9) lO) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25) 26) Automotive Repair, Services and Parking (Group 7542) Building Materials, Hardware, Garden Supply with no outside storage or display (Groups 5231,5251, 5261) Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338, 7352, 7371-7379, 7384, 7389) Communications (Groups 4832, 4833) Depository Institutions (Groups 6011-6099) Eating and Drinking Places (Groups 5812) Engineering, Accounting and Management (8711-8721, 8741, 8742, 8748) Food Stores (Groups 5411, 5421,5441, 5451, 5461, 5499) General Merchandise Stores (Groups 5311, 5331,5399) Health Services (Groups 8011-8049) Home Furniture, Furnishings, and Equipment Stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736) Hotels and Motels (Group 7011) Insurance Agents, Brokers and Service (Group 6411) Membership Organizations (Groups 8641,8661) Miscellaneous Repair Services (Groups 7622, 7629, 7631) Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5992, 5993, 5999) Motion Pictures (Groups 7832) Museum, Art Galleries (Group 8412) Non-Depository Credit Institutions (Groups 6141,6159, 6162, 6163) Personal Services (Groups 7211-7212, 7215, 7219, 7221, 7231, 7241, 7251, 7291) Real Estate (Groups 6531, 6541,6552) Social Services (Group 8351) 4-5 ACCESSORY USES AND STRUCTURES A. Uses and Structures that are accessory and incidental to uses permitted. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4-2 4-6 Development Standards A. Minimum lot area: Ten thousand (10,000') square feet B. Minimum lot width: One hundred (100') feet Minimum yard requirements: 1) Front yard: twenty-five (25') feet 2) Side yard: zero or ten (0' or 10') feet 3) Rear yard: twenty (20') feet Distance between principal structures: One half the sum of walls opposite one another but not less than ten (10') feet. Eo Minimum floor area of principal structure: seven hundred and fifty square feet (750') per building on the ground floor Landscaping and Off-Street Parking shall be in accordance with the Collier County Land Development Code. All parking lot lighting shall be Iow intensity and shielded from residential areas. G° Maximum height: fifty feet (50') and not to exceed two stories for commercial structures within 60 feet of the residential tract boundary line. H. General application for Setbacks: Front yard setbacks shall comply with the following: 1) 2) 3) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. If the parcel is served by a platted private drive, setback is measured from the road easement or property line. Maximum density of Hotel/Motel lodging facilities: 1) The net platted density of hotel rooms per acre may not exceed twenty-six (26) units per acre. Jo Commercial trash dumpsters shall be located or placed within 100 feet of any residential tract boundary line. 4-3 SECTION V RESERVE DISTRICT 5-1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit "A"), as Reserve. 5-2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Richland residents. 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) Passive recreational areas, boardwalks, and recreational shelters. 2) Nature trails, excluding asphalt paved surfaces 3) Water management facilities, structures and lake bulkheads or other architectural treatments 4) Mitigation areas 5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Reserve District 5-1 5-4 DEVELOPMENT STANDARDS All setbacks from preserve areas shall be in accordance with Section 3.2.8.4.7.3 of the LDC, as amended. 5-5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The Richland Commons Association shall be responsible for control and maintenance of lands within the Reserve District. 5-2 GENERAL DEVELOPMENT COMMITMENTR 6-1PURPOSE The purpose of this section is to set forth the standards for development of the project. 6-2 GENERAL 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 when 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. 6-3 PUD MASTER PLAN Ao The Master Plan (Exhibit "A"), is an illustrative preliminary development plan. The design elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Planning Services Director shall be authorized to approve minor changes and refinements to the Richland Master Plan upon written request of the Developer. C. 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 Richland PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.2 of the Collier County Land Development Code. 6-1 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 Reserve areas within or external to the PUD. Do All necessary easements, dedications or other instruments shall be granted to ensure the continuance operation and maintenance of all service utilities. Eo Agreements, provisions or covenants which govern the use, maintenance and continued protection of the PUD and common areas will be provided. 6-4 DEVELOPMENT COMMITMENTS A TRANSPORTATION 1) When deemed warranted by the County, the Developer shall provide fifty (50') feet of additional road right-of-way along the south side of Immokalee Road in accordance with the procedures and standards of Sub-section 2.2.20.3.7 of the Collier County Land Development Code. Road Impact Fee credits will be allowed for this right-of-way to the maximum extent provided in the Road Impact Fee Ordinance and in accordance with the approved conversion formula. 2) When deemed warranted by the County, the Developer shall provide left and right turn lanes at all project accesses on both Immokalee Road and CR-951. If median openings are permitted upon the four laning of either road, the Developer shall be responsible for the cost of all intersection modifications needed to serve project accesses. 3) The Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed war- ranted by the County. The signals will be owned, operated and main- tained by Collier County. 4) When deemed warranted by the County, the Developer shall provide arterial level street lighting at all project accesses. 5) The road impact fee shall be as provided by Ordinance Number 01- 13, or as may be amended, and shall be paid at the time building per- mits are issued unless otherwise approved by the Board of County Commissioners. 6) Access improvements shall not be subject to impact fee credits and, excluding traffic signals, shall be in place before any certificates of occupancy are issued. 6-2 7) 8) 9) All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required in Chapter 316.0747, Florida Statutes. The commercial tract shall provide an internal vehicular cross access to the residential tract. Sidewalks shall be provided on one side of the interconnect road. A metal security gate shall be placed on the com- mercial tract to allow for the stacking of a minimum of three vehicles on the commercial tract. Gate maintenance shall be the responsibil- ity of the commercial property owners and/or their property owners association. No construction traffic shall use this interconnectio~. Access locations to Immokalee Road and to Collier Boulevard are conceptual and subject to review and approval at final site plan submittal consistent with the Access Control Policy (Resolution 01-242), as may be amended, and the Collier County Construction Standards Handbook for Work Within the Public Right-of-Way (Ordinance 93-64), as may be amended. All access and median locations are subject to modification and/or closure at the discretion of Collier County based on safety, operation or capacity reasons. B WATER MANAGEMENT 1) 2) 3) Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. 4) The Developer shall be responsible for the installation of properly sized culverts at the proposed entrance road locations placed on the relocated swale centerline, at such time as driveways are installed. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. In accordance with the Rules of the South Florida Water Management District, Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 6-3 C 5) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. UTILITIES 1) 2) 3) 4) Water Distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amend.ed, and other applicable County rules and regulations. 5) 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 water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at its expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with Collier County Ordinance No. 97-17, as amended. If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. Public Service Commission Territories: Prior to approval of construc- tion documents by the County, the Developer m~lst present verifica- tion pursuant to Chapter 367, Florida. 6-4 D 2) 3) 4) Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. ENVIRONMENTAL 1) Petitioner shall be subject to Division 3.9 of the Collier County Land Development Code, requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Community Development and Environmental Services Administrator for review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots and other facilities have been oriented to accommodate this goal. All exotic plants, as defined in the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Community Development and Environmental Services Administrator. If during the course of site clearing, excavation or other constructional activities, an archaeological or historical site, artifact or other indicator is discovered, all development at that location shall be immediately stopped and the Code Enforcement Department shall be notified. Development will be suspended for a sufficient length of time to en- able the Code Enforcement Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Code Enforcement Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 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 Environmental Review Staff. 6-5 Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 5) This PUD shall be in compliance with Division 3.11 of the LDC, as amended, which provides protection for Endangered, Threatened and Listed Species. E SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS 1) Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be subject to the County Engineer's approval, but need not meet standard county requirements. 2) Section 3.2.8.4.16.5: Street rights-of-way and cross-sections for the roads shall be as designated by developer at time of final construction plans. 3) Section 3.2.8.4.16.6: The 1,000 feet maximum dead-end street length requirement shall be waived. 4) Section 3.2.8.4.16.8: Back of curb radii may be reduced to thirty (30') feet at local intersections. 5) Section 3.2.8.4.16.10: The requirement for one hundred (100')feet tangent sections between reverse curves of streets shall be waived. 6) Section 3.2.8.4.21: The requirement for blank utility casings shall be subject to County engineering approval, but need not meet standard County requirements. F MISCELLANEOUS 1) Access to the project shall be restricted to those access points shown on Exhibit "A". 6-6 I N ,~Ad~, o¢.. ov' LEGEND W~E o~%¢ ~ ~00 ~ ~ R~IDEN~L (~CLUDING ~ES) ( 79~ S SCALE: 1 400' ~ R~ER~D R~HT-OF-WAY { 6~ AC.) ( ~ ~ ~c.) PR~ECT ACC~S =T~ (~o~ ~C.) PUD MASTER PLAN - EXHIBIT 'A' V~~asse [ Da¥1or ~oot ~o. 1 o, 1 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, hereby certify that the foregoing is a true and corre{~ copy of: ORDINANCE 2002-07 Which was adopted by the Board of County Commissioners on the 12th day of February, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of February, 2002. DWIGHT E. BROCK~p-' Clerk of Courts Ex-officio to B6a~ County Commissi-~et~...' By: Ellie Hof fman, Deputy Clerk