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Ordinance 2002-40ORDINANCE NO. 02- 4 0 cNij AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS MBERED 6931N, AND 7906N BY CHANGING THE ZONINgs:? ASSIFICATION OF THE HEREIN DESCRIBED REAI~ PROPERTY FROM "PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN (..;5' ARROWHEAD PUD LOCATED IN THE SOUTHWEST~..: i: QUADRANT OF THE INTERSECTION OF LAKE TRAFFORD". : ROAD (C.R. 890) AND CARSON ROAD, IN SECTION 31~',~ TOWNSHIP 46 SOUTH, RANGE 29 EAST AND SECTION TOWNSHIP 47, RANGE 29 EAST, COLLIER COUNTY, FLORIDA~C'~i CONSISTING OF 307.3+ ACRES; PROVIDING FOR THE REPEAL~m OF ORDINANCE NUMBER 91-44; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, of Hole Montes, Inc., representing James and Diane Williams, Jr., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification, of the herein described real property located in Section 31, Township 46 South, Range 29 East and Section 6, Township 47 South, Range 29 East, Collier County, Florida, is changed from Planned Unit Development (PUD) to "PUD" Planned Unit Development in accordance with the Arrowhead PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 6931N and 7906N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 91-44, known as the Arrowhead PUD, adopted on May 28, 1991 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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 ~ day of ,,..~Cc ! ~ ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~ JAI~ COLETTA, Approved as to Form and Legal Sufficiency Mauorie ~ffS t-u~l ~'nt Assistant County Attorney PUDZ-2002-AR-2491/RB/sp Thls ordinance filed with the Secrgtary of State's Office the ~ ;~ day of ~.~, ~ ond acknowledgement of thot filing received this ~doy of-~-, ~'.~ .. ARROWHEAD PLANNED UNIT DEVELOPMENT PREPARED BY: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 HM PROJECT 2001106 APRIL, 2002 REVISED JUNE 6, 2002 REVlSEO sv COLLIER COUNTY JULY 19, 2002 EXHIBIT "A" Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. _,9Q ~O'e~- Amendments & Repeals F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII TABLE OF CONTENTS Page STATEMENT OF COMPLIANCE ................................................................... 3 PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL .......................................................... 5 PROJECT DEVELOPMENT ............................................................................. 7 PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT .................................................................... 9 OPEN SPACE AREA ...................................................................................... 12 PRESERVE AREA REQUIREMENTS .......................................................... 14 COMMERCIAL AREA REQUIREMENTS ................................................... 15 DEVELOPMENT COMMITMENTS .............................................................. 18 EXHIBIT A - PUD MASTER PLAN EXttlBIT B - LEGAL DESCRIPTION EXHIBITS 2 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 SECTION I STATEMENT OF COMPLIANCE Thc development ol' approximately 307.3 acres of property in Section 6, Township 47 South, Range 29 East, and Section 31, Township 46 South, Range 29 East, Collier County, Florida, as a Planned Unit Development to be known as the Arrowhead PUD, will be in compliance with the goals, objectives, and policies of Collier County as set lbrth in the Growth Management Plan. The residential and commercial components of the project will be consistent with the growth policies, land development regulations and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1.1 The total site area comprises 307.3 acres of which 274 acres are located in the Low Residential District on the Immokalee Future Land Use Map in the Immokalee Area Master Plan. Within the Low Residential District fifteen acres are proposed for commercial use. Therefore, the Low Residential District that permits up to four dwelling units per acre, allows up to 1,245 dwelling units on 259 acres. 33.3 acres of the subject property are also located in the Neighborhood Center District on the Immokalee Future Land Use Map. Residential development within the Neighborhood Center District permits a maximum density of twelve units per gross acre within the Neighborhood Center District. The Neighborhood Center, therefore, can support a total of 400 dwelling units as provided for in the Future Land Use Element of the Immokalee Area Master Plan. The total permitted dwelling units for the subject property, therefore, is 1,436 dwelling units based on 259 acres located in the Low Density Residential District and 33.3 acres located within the Neighborhood Center District as depicted on the Immokalee Future Land Use Map. The proposed 1,245 dwelling units, therefore, maybe found consistent with the Immokalee Master Plan at a gross density of 4.3 dwelling units per acre. 1.2 The fifteen (15) acres proposed for commercial use along with proposed C-2, C-3 and C- 4 Uses is consistent with planned Unit Development Commercial District of the Immokalee Area Master Plan. The other criteria in this District allow for such uses and up to 20 acres in commercial use for residential projects in excess of three hundred (300) acres. The proposed commercial uses and area allocated for commercial use, therefore, is consistent with the Immokalee Area Master Plan. 1.3 The subject property's location in relation to the existing or proposed community facilities and services supports the development's residential density as required in Objective 2 of thc Fnture Land Use Element. 1.4 The proposed development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3 FSPUD Documents\ARROWHEAD2PUD.doc 7/29/2002 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 1.6 The proposed development will result in an efficient and economical extension of community facilities and services as required in Policy 3.1.G of the Future Land Use Element. 1.7 The project is planned to incorporate natural systems for water management purposes in accordance with their natm'al functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 1.8 The Immokalee Area Master Plan requires in Policy 11.1.2 that Collier County shall closely coordinate the location, timing, intensity and design of future development. This policy shall be implemented through the County's Adequate Public Facilities Ordinance. The Arrowhead PUD will comply with this requirement. 1.9 The Immokalee Area Master Plan Policy 11.1.3 requires that land use transitions between lower and higher intensities of use shall be achieved through use of natural vegetation, open space, buffers, physical barriers such as berms, hedges, or other landscape cover, setbacks and height limitations as described in the zoning and landscape sections of the LDC. The Arrowhead PUD is consistent with this policy through the transition in uses depicted on the PUD Master Plan, Exhibit "A", along with the distribution of open space and buffer areas. 1.10 All final development orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land Development Code and further required by Policy 2.3 of the Future Land Use Element. 4 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 2.1 2.2 2.3 2.4 2.5 2.6 SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND STATEMENT OF UNIFIED CONTROL PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Arrowhead PUD. LEGAL DESCRIPTION The subject property being approximately 307.3 acres is described in Exhibit B. PROPERTY OWNERSHIP The subject property is currently under the ownership of James E. Williams, Jr., and Diane Williams, 1300 North 15th St., Immokalee, Florida 33934. GENERAL DESCRIPTION OF PROPERTY AREA The subject property lies in the southwest quadrant of the intersection of Lake Trafford Road and the planned extension of Carson Road, Immokalee, Florida. It is located in Section 31, Township 46 South, Range 29 East, and Section 6, Township 47 South, Range 29 East. PHYSICAL DESCRIPTION The existing site is utilized for cattle grazing and is punctuated with natural cypress and water features which will be preserved and conserved as part of the PUD development. PROJECT DESCRIPTION As an overview, the Arrowhead PUD is to be a + 307.3 acre, 1,245 unit, moderately priced, readily definable neighborhood. A variety of housing types, ranging from single- family dwellings and multi-family housing, is planned. The overall project will include recreational facilities and commercial uses. This development will also incorporate natural features. 2.7 SHORT TITLE This ordnance shall be known and cited and the "The Arrowhead Planned Unit Development Ordinance". 5 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 2.8 STATEMENT OF uNIFIED CONTROL This statement represents that the current property owner has the subject land under unified control for the purpose of obtaining PUD zoning on the property. 6 F:\I'UD l)ocuments\ARROWl IEAD2PUD.doc 7/29/2002 3.1 PURPOSE SECTION III PROJECT DEVELOPMENT 3.2 The purpose of this Section is to delineate and generally describe the plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Arrowhead Planned Unit Development. GENERAL 3.3 Regulations for development of the Arrowhead PUD shall be in accordance with the contents of this document, Section 2.2.20, PUD-Planned Unit Development District, and other applicable sections of the Collier County Land Development Code (LDC) and the Growth Management Plan, and all other applicable land development regulations in effect at the time building permits are requested. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time building permits are requested. All conditions imposed and all graphic material presented depicting development for the Arrowhead PUD shall become part of this regulation which governs the manner in which the PUD site may be utilized. PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and land use of the various tracts, is illustrated graphically in Exhibit "A". There shall be three multi-family land use tracts, a single-family area and a commercial area plus necessary water management lakes, street right-of-way, open space and recreational areas. TABLE 1 USE ACRES Residential 140.5 Single Family 436* Dwelling Units 76.7 Multi£amily 809 Dwelling Units 63.8 Community Park 1.2 Commercial 15.0 Lakes 29.9 Right-of-Way 33.6 Wetland Preserve 47.8 Upland Preserve 12.7 Upland Buffer 14.5 7 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 3.4 3.5 Open Space 12.1 Total ±307.3 *The number of single-family units may be increased with a corresponding reduction in the number of multi-family units and area provided for this dwelling unit type. MAXIMUM PROJECT DENSITY A maximum of 1,245 residential dwelling units, single-family, and multi-family, shall be constructed or placed in the total project area. The gross project area for residential use is 292.3 acres. The gross project density, therefore, will be a maximum of 4.03 dwelling units per gross residential acre. The commercial area comprises a maximum of fifteen (15) acres, which results in a total project area of 307.3-acrea. PROJECT PLAN APPROVAL REQUIREMENTS Prior to the development of any tract, this project is required to obtain preliminary plat approval pursuant to the requirements of Division 3.2, Subdivisions, of the LDC, and then, detailed construction plans and plats shall be approved for the overall project infrastructure to serve each tract. Once the plat and plans for the overall project infrastructure are approved, a site development plan, pursuant to Division 3.3, Site Development Plans, of the LDC, shall be submitted for any development of a platted tract which will not be further subdivided. If a platted tract is to be further subdivided, then that tract will be required to go through the construction plans and platting process, pursuant to Division 3.2 of the LDC. The developer of any tract or parcel or separately defined portion thereof, shall be required to submit and receive approval of a site development plan in conformance with the requirements established within Division 3.3, Site Development Plans, of the LDC, prior to the submittal of a final site plan for any portion of the multi-family or commercial tracts. Bo Dedication and Maintenance of Common Facilities. All common facilities including open space, recreational, conservation/preservation and/or archeological areas will be dedicated to one or more homeowners' associations or master association for the purpose of ownership, maintenance and/or disposition to public agencies. 8 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 4.1 4.2 4.3 SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT PURPOSE The purpose of this Section is to identify specific development standards for areas designated residential on the PUD Master Plan, Exhibit "A". MAXIMUM DWELLING UNITS The number of single-family dwelling units allowed within the PUD shall be as follows: Four hundred and thirty six (436) single family dwelling units and eight hundred and nine (809) multi-family dwelling units, however, the number of single family units may be increased with a corresponding reduction in the number of multi-family units and land area allocated for multi-family land use. 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: 2. 3. 4. 5. 6. Single family detached dwellings Zero-lot line dwellings Two-family and duplex dwellings Single family attached and townhouse dwellings Multi-family dwellings, including garden apartments Any other housing type which is comparable in nature with the foregoing list of principal uses, as determined by the Board of Zoning Appeals (BZA). Bo Accessory Uses and Structures Accessory uses and structures customarily associated with principal residential uses permitted in this District, including recreational facilities, maintenance facilities, signs and water management facilities and similar kinds of uses 4.4 Development Standards 9 FSPUD Documents\ARROWHEAD2PUD.doc 7/29/2002 TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED USES SINGLE ZERO TWO SINGLE MULTI- AND STANDARDS FAMILY LOT FAMILY FAMILY FAMILY DETACHED LINE ~& ATTACHED _DWELLING DUPLEX AND TOWNHOUSE Minimum Lot Areas 6,000 S.F. 3,500 3,500 3,000 S.F. per 1 AC S.F. S.F.(1) d.u. Minimum Lot Width t2) 40 30 45 30 N/A Front Yard 20® 15 15 20 20 Side Yard (3) 6.0 0 or 12(3) 0 or 6 0 or 12(3) 0 or .5 BH _Rear Yard Principal 25 *6 25 25 25 25 Rear Yard Accessory 10 *7 10 10 10 I0 Maximum Building 35 35 35 35 35 Height Distance Between N/A N/A N/A I0 .5 BH Structures Floor Area Min. (SF) 1000 1000 1000 1000 450*See note #5 Al distances are in feet unless otherwise noted. BH = Building Height Notes o Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3,500) square feet for a total minimum lot area of seven thousand (7,000) square feet. Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a twelve (12) foot sideyard. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. The minimum unit size for efficiency units is 450 square feet, 600 square feet for one bedroom units, and 750 square feet tbr two bedroom units. Rear yard requirements abutting preserve area twenty-five (25) feet. 10 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 mo Bo 7. Rear yard requirements for accessory structures abutting preserve area ten (10) feet. Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between eaves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty-five (25) feet above grade. Development of individual tracts has not been finalized at the time of rezoning with respect to the particular type of residential dwellings. The location and mixture thereof will be based upon the following factors as are deemed appropriate by the Development Services Director for the harmonious development of each tract with a minimum of interference between different housing types based on the following criteria: 1. Physical separation of housing types into discrete areas. 2. Landscape or constructed barriers between different housing types meeting, at a minimum, the standards of Division 2.4, Landscaping, of the Collier County LDC. 3. Separation of housing types by common amenities. 11 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 5.1 5.2 5.3 A. Bo Co SECTION V OPEN SPACE AREA PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas as designated on Exhibit "A", the PUD Master Plan, for open space. The primary function and purpose of these areas will be to provide aesthetically pleasing open areas and recreational facilities. These areas comprise 12.1 acres and are in addition to preserve areas depicted on the PUD Master Plan. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses: 1. Open Space Nature trails/paths or other similar facilities constructed for purposes or access to or passage throughout the PUD. o ShUffleboard courts, tennis courts, swimming pools, open play areas, and other types of uses and facilities intended for outdoor use and/or recreation (i.e., recreational building). DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures or areas, location of access streets, pedestrian ways and/or parking areas and location and treatment of buffer areas. Buildings should be set back a minimum of fifty (50) feet abutting residential tracts and a landscaped and maintained natural buffer shall be provided. Playground/recreational equipment shall be set back twenty (20) feet from any perimeter or lot line. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. E. Maximum Height: 12 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 5.4 1. Principal Structures- Twenty-five (25) feet. 2. Accessory Structures - Twenty (20) feet MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3, Off-Street Parking and Loading, of the LDC. 13 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 6.1 6.2 SECTION VI PRESERVE AREA REQUIREMENTS PURPOSE The purpose of this Section is to identify development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. PERMITTED USES The PUD Master Plan provides for a total of seventy five (75) acres of Preserve Area or 24.4% of the total project area distributed as follows: 47.8 acres are contained in a wetland preserve area, 12.7 acres in upland preserve area, and 14.5 acres in upland buffer areas. Minor adjustments may be made to the boundaries of preserve areas based on wetland permitting considerations. No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following structures: A. Permitted Principal Uses and Structures: 1. Passive recreation areas. 2. Biking, hiking, nature trails, and boardwalks. 3. Water management structures. 4. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering within the Preserve Areas, after appropriate environmental review. o Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). 14 F:NPUD Documents\ARROWHEAD2PUD.doc 7/29/2002 SECTION VII COMMERCIAL AREA REQUIREMENTS 7.1 PURPOSE The purpose of this Section is to identify specific development standards for the area designated commercial on Exhibit "A" the PUD Master Plan. This commercial component is intended to serve as a commercial general shopping center permitting a range of shopping and personal services to the surrounding area. 7.2 MAXIMUM DEVELOPMENT INTENSITY The maximum allowable commercial square footage is 130,680 square feet of gross leasable area on fifteen acres of which 1.4 acres is included in buffer area. The maximum site coverage by principal structures, accessory structures or outside sales areas shall not exceed twenty (20) percent of the area designated for commercial use on the PUD Master Plan, Exhibit "A". The applicable Collier County Zoning Districts used as the basis of this commercial component are the permitted uses in the C-2, C-3, and C-4 Districts of the LDC with development standards generally provided for from the C-3 District. 7.3 USES PERMITTED No building, structure, or part, thereof, or outside sales area, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Uses: All permitted uses in the C-2, C-3, and C-4 Zoning Districts of the LDC in effect as of the date of adoption of this ordinance. B. Accessory Uses: Uses and structures that are accessory and incidental to uses permitted as of right in the C-2, C-3 and C-4 Districts of the LDC in effect as of the date of adoption of this ordinance. 7.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: Ten thousand (10,000) square feet. B. Minimum IJot Width: Onc hundred (100) feet. C. Minimum Yard Requirements: 15 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Do Go 7.5 7.6 7.7 Front yard - Twenty five (25) feet or one-half of the building height as measured from grade, whichever is greater. o Side yard -- One-half of the building height as measured from grade, with a minimum of fifteen (15) feet. Rear yard - Fifteen (15) feet or one-half of the height of the building as measured from grade, whichever is the greater. Distance Between Structures: Same as for side yard setback. Maximum Height: Fifty (50) feet. Minimum Floor Area of Structures: One-thousand (1,000) square feet per building on the ground lloor. Maximum Density: Hotels, motels and time share facilities are limited to a maximum density of sixteen (16) units per acre. The maximum floor area for these uses is five- hundred (500) square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Division 2.3, Off-Street Parking and Loading, of the LDC. MINIMUM LANDSCAPING REQUIREMENTS: As required by Division 2.4, Landscaping and Buffering, in effect at the time building permits are requested. MINIMUM LANDSCAPE BUFFER AREA: As required by Collier County regulations in effect at the time building permits are requested. At a minimum, a landscaped buffer shall be provided adjacent to all residential areas bordering the commercial portion of the PUD (except for access points) in accordance with Division 2.4, Landscaping, of the Land Development Code. 7.8 SIGNS: As required by Section 2.5, Signs, of the LDC in effect at the time sign permits are requested. 16 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 7.9 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. However, the commercial portion of this PUD shall be eligible for temporary use permits lbr temporary sales, sports events, religious events, and community events in accordance with Section 2.6.33, Temporary Use Permits, of the LDC. 7.10 Architectural and Site Design Standards Development of commercial uses shall meet the requirements of Division 2.8, Architectural and Site Design Standards and Guidelines for Commercial Buildings and Projects, of the LDC. 7. l I Pedestrian Connections Pedestrian and vehicular connections shall be provided between the commercial and residential components of the project. 7.12 Project Phasing No construction in the commercial area shall be allowed until twenty (20) percent of the permitted dwelling units have been issued building permits. 17 FSPUD Documents\ARROWttEAD2PUD.doc 7/29/2002 8.1 8.2 8.3 A. SECTION VIII DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of this project. GENERAL All facilities shall be constructed in accordance with the standards and specifications adopted as part of this PUD and applicable portions of the LDC in effect at the time building permits are requested. The developer, his successor and assigns, shall be responsible for the commitments outlined in the document. The developer, his successor or assignee, shall follow the Master Plan and the regulations of the PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is subject to the commitments within this agreement. PUD MASTER PLAN The PUD Master Plan provides for areas of commercial and residential use, water management areas, and retained vegetation areas and road rights-of-way as depicted on Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this Ordinance, the LDC and local, state and federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. All easements and assurances will be submitted to the County Attorney at development plan review stage for review and approval to assure implementation of the development commitments. This project shall be developed in compliance with all of the applicable requirements of the Division 3.2. Subdivisions, of the LDC. The Arrowhead PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6, Monitoring Requirements. 18 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 Eo 8.4 A. 8.5 A. Bo Eo Fo Go Ho Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC in effect at the time the amendment is requested. SCHEDULE OF DEVELOPMENT It is anticipated based on market conditions that the Arrowhead PUD will build-out in six years or by 2008. TRANSPORTATION All public street design and construction shall meet applicable Collier County transportation standards that are in effect at the time building permits are requested. The developer shall provide at the time of site development plan and/or preliminary subdivision plat review turn lanes on Lake Trafford Road and Carson Road at each project entrance as required and subject to approval of Collier County Transportation Services Division. The developer shall provide arterial level street lighting at each project entrance on Lake Trafford Road and collector level street lighting at each project entrance on Carson Road at the time of the issuance of the first certificate of occupancy for any structure. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project access, residential or commercial, when deemed warranted by the County. All traffic control devices used, excluding street name signs, shall comply with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. Sidewalks on both sides of the main access road shall be five feet. All other streets shall have one five foot wide sidewalk. Cul-de-sacs or dead end streets may exceed the 1,000 foot limitation set forth in Section 3.2.8.4.16.6 of the LDC. A reduction in the street right-of-way width from 60 feet to 50 feet for a local road as required in Section 3.2.8.4.16.5 of the LDC is approved as part of this Ordinance. Roads will be public and dedicated to Collier County at the time of platting. Adjacent to the PUD boundary, along the eastern property line, the developer shall provide up to 100 feet of clear road right-of-way to meet the needs for the Carson Road Extension when required by the Collier County Transportation Services Division. Additionally, adjacent to the PUD boundary, along the northern property line, the developer will reserve right-of-way for Lake Trafibrd Road up to 50 feet wide as 19 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 determined by the Collier County Transportation Services Division for infrastructure improvements. Ko The developer shall construct the Carson Road extension south of Lake Trafford Road to Immokalee Drive and shall also construct Immokalee Drive within the westerly 450-feet which is currently unpaved. The roadways will be two-laned, rural design, asphalt, paved and 24-feet wide for Carson Road and 20 feet wide for Immokalee Drive. Lo The developer shall construct improvements to the intersection of Lake Trafford Road and Carson Road to consist of the following: 1. Dedicated left turn lanes for eastbound and westbound Lake Trafford Road. 2. Dedicated left turn lanes for southbound Carson Road. Modify signalization for left turn movements only if and at such time warranted by future traffic conditions. The developer shall construct improvements to Lake Trafford Road from Carson Road to S.R. 29 to improve safety conditions. Such improvements will consist of repairs to pavement edges and construction of newly stabilized and paved shoulders up to five feet wide or as conditions allow. No The developer shall pay for modifications to signalization to optimize capacity at the intersection of S.R. 29 and Lake Traftbrd Road. O° The developer shall construct improvements to the intersection of S.R. 29 and Immokalee Drive to consist of the following: 1. Dedicated right turn lanes for eastbound Immokalee Drive. 2. New signalization to provide protected left turn movements on S.R. 29. Unless otherwise stated, improvements described in Paragraphs 8.5 K and 8.5 L shall be constructed as part of the first phase of development. Improvements described in Paragraphs 8.5 M, 8.5 N, and 8.50 shall be constructed as part of whichever phase results in exceeding 50 percent of project development based upon the number of residential dwelling units. Qo All conditions and improvements described in Paragraph 5.5 J through 8.50 inclusive may be considered eligible for road impact fee credits. Credits will be considered only if or when the Road Impact Fee Ordinance 2000-13 is amended to allow for impact fee credits for roads that are not contained in the Capital Improvement Element of the Collier County Growth Management Plan. Impact fee credits shall also be subject to a separate Developer's Contribution Agreement to be approved by the Collier County Board of County Commissioners. 20 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 To Uo 8.6 A. Do Fo Property value determinations for the purpose of impact fee credits shall be made at the time of property transfer based upon fair market value as determined by qualified appraisers. Furthermore, fair market value shall be based upon the highest and best land use (Agricultural Zoning) as existed prior to approval of Petition R-90-6 by the Board of County Commissioners on May 28, 1991. Road impact fees shall be as set forth in Ordinance 2000-13, and any amendment thereof, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. Access improvements described in Paragraphs 8.5 B and 8.5 K shall be in place before any certificates of occupancy are issued. In consideration of the implementation of the Adequate Public Facilities Ordinance in Division 3.15, and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled/funded roadway capacity improvements, the developer is advised that future land development activities in the area may be subject to development use controls consistent with the above regulations. ENGINEERING Detailed paving, grading, site drainage and utility plans shall be submitted to Project 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 Project Review. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. An Excavation Permit will be required for the proposed lake(s), in accordance with Division 3.5, Excavation, of the Collier County LDC and SFWMD Rules. Lake setbacks shall be in conformance with Division 3.5, Excavation, of the Collier County LDC. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance 93-64. Access improvements into each tract as shown on the Master Plan is informational only. The location and number of access improvements is subject to Subdivision Master Plan or SDP approval. This project is recommended for approval for rezone purposes only. A Subdivision Master Plan shall be submitted which complies with all the design standards of the subdivision regulations unless specific exceptions are requested and supported by sound engineering reasoning during its approval process. Approval of this rezone does not 21 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 constitute an approval to any subdivision design standards contained within the petition or supporting drawings or exhibits. The master plan submitted shall not be considered to suffice for the Subdivision Master Plan required pursuant to Collier County LDC, Division 3.2, Subdivisions. Go The project shall be platted in accordance with Collier County Subdivision Regulations to define the rights-of-way, tracts, and easements as shown on the Master Plan. All roads, public or private, shall be in full compliance with the County Subdivision Regulations design and construction requirements. All cul-de-sacs shall be in full compliance with the County Subdivision Regulations, including design and construction requirements. 8.7 UTILITIES Ao Verification from the Immokalee Water Sewer District stating it has reviewed and approved the water and sewer facilities engineering construction documents to serve this project is required and must accompany the detailed construction plans submission. Bo Verification of sewage treatment capacity pursuant to Ordinance No. 80-112 to service this project is required and must accompany the detailed construction plans submission. Co This project shall be designed and construction in full compliance with Ordinance 2001- 57 as amended. D. This project shall be designed for central water and sewer systems. 8.8 WATER MANAGEMENT The stormwater management system shall be designed in accordance with South Florida Water Management District and Collier County rules and regulations. Bo A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. Co Prior to preliminary subdivision plat approval, the developer shall provide a copy of the South Florida Water Management District Conceptual Permit. The developer shall provide a 20-foot maintenance easement around the perimeter of all lakes and a 20-foot access easement from public roads to each maintenance easement. Pursuant to applicable South Florida Water Management District Rules, a naturally vegetated buffer or structural buffer shall be provided around all wetlands to be preserved in lieu of the buffer requirements of Section 3.2.8.4.7.3 of the LDC. No construction shall be allowed within this buffer. 22 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 8.9 A. Bo Co Eo All historical off-site flows shall be routed through the project master system in accordance with provisions as required by the South Florida Water Management District, Collier County, and as directed by the Collier County Stormwater Management Section. The future Carson Road drainage shall be routed through this project as shown on the Conceptual Drainage Plan, provided in this application and in accordance with the SFWMD Permit, Collier County, and as directed by Collier County Stormwater Management Section. ENVIRONMENTAL Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.4 of the Collier County LDC. For this site, 74.4 acres of native vegetation shall be preserved on-site. If, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered other than that already identified, all development at that location shall be immediately stopped. Development will be suspended for a sufficient length of time to enable the Collier County Historic and Archeological Preservation Board, or a designated consultant, to assess the find and determine the proper course of action in regard to its salvageability. The Current Planning Environmental Review Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. This PUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element, and the Collier County Land Development Code in effect at the time of final development order approval. · All conservation areas, shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the LDC except wetlands referenced in Paragraph 8.8 E. Conservation easements shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 23 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 An exotic vegetation removal, monitOring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. Go 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. Removal of exotic vegetation shall not be counted towards mitigation £or impacts to Collier County jurisdictional wetlands. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plat/construction plan approval. 8.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure, but not before the principal structure. 8.11 SIGNS As required by the requirements of Divisions 2.5, Signs, of the LDC in effect at the time sign permits are requested. 8.12 LANDSCAPING FOR OFF-STREET PARKING AREAS As required by the requirements of Division 2.4, Landscaping and Buffering, of the LDC in effect at the time building permits are requested. 8.13 POLLING PLACES Polling places shall be permitted and provided for as deemed appropriate by the Supervisor of Elections, in accordance with Section 3.2.8.3.14 of the LDC, within the commercial or recreational portion of the overall PUD as deemed appropriate by the developer. 8.14 SPECIAL CONDITIONS An archaeological site consisting of approximately 0.26 acres is to be preserved in perpetuity and become part of the open space area of the Arrowhead PUD. The structure contained on this site cannot be altered in any way until approval is obtained from the Collier County Historic and Archeological Preservation Board. 24 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 8.15 ADDITIONAL REQUIREMENTS' The road running through the single family and multi-family components of this PUD, connecting Lake Trafford Road with Carson Drive, shall be a public roadway. Bo This project shall comply with Section 2.6.32, Open Space Requirements, of the LDC. Co The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. A timetable to facilitate said removal shall be submitted to the Development Services Director for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. 3. All other provisions of Section 3.5 of the LDC are applicable. Fire hydrants shall be appropriately located to meet the requirements and approval of the local fire district. Cul-de-sac dimensions shall comply with NFPA 1,2000 Edition Section 3-5.2. Eo Development permitted by approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance contained in Division 3.15 of the LDC. 25 F:\PUD Documents\ARROWHEAD2PUD.doc 7/29/2002 LEGAL DESCRIPTION A TRACT OF LAND LOCATED IN SECTION $1, TOWNSHIP 46 SOUTH, RANGE 29 EAST, AND SECTION 5, TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE SOUTH HALF OF SAID SECTION 51, MARKED BY AN IRON ROD 5..38 FEET SOUTH OF THE CENTERLINE OF LAKE TRAFFORD ROAD; THENCE S. 01~11'04"E., ALONG THE EAST LINE OF SAID SECTION 31, A DISTANCE OF 34.62 FEET TO THE POINT OF BEGINNING, A POINT ON .THE ARC OF A CURVE OF THE SOUTHERLY RIGHT-OF-WAY OF LAKE TRAFFORD ROAD FROM WHICH THE RADIUS POINT LIES N.O0'36'58"E., A ' DISTANCE OF 11499.20 FEET; THENCE CONTINUE S.0191'04"E., ALONG SAID EAST LINE OF SECTION .31, A DISTANCE OF 2626.06 FEET TO THE CORNER COMMON TO SECTIONS .31 AND 32, TOWNSHIP 46 SOUTH, RANGE 29 EAST, AND SECTIONS 5 AND 6, TOWNSHIP 47 SOUTH, RANGE 29 EAST; THENCE S.00'44'14"E,, ALONG THE EAST LINE OF AFOREMENTIONED SECTION 6, A DISTANCE OF .30,00 FEET; THENCE S,88'53'58"W., A DISTANCE OF 100,00 FEET; THENCE S.00'44'14"E., ALONG A LINE 100 FEET WEST OF AND PARALLEL WITH THE EASTERLY LINE OF AFOREMENTIONED SECTION 6, A DISTANCE OF 1182.18 FEET; THENCE S. 89'15'46"W,, A DISTANCE OF 1660.14 FEET; THENCE N.54'44'55"W., A DISTANCE OF 626.0.3 FEET; THENCE N,45'O2'51"W., A DISTANCE OF 1245.25 FEET; THENCE N.01'50'27'W., A DISTANCE OF 570.20 FEET; THENCE N, 75'53'21'W,, A DISTANCE OF 681.54 FEET; THENCE N.B6' 52'40"W., A DISTANCE OF 550,82 FEET; THENCE N.16'09'26"E., A DISTANCE OF 557.00 FEET; THENCE N.00~5'06'W., A DISTANCE OF 1427.65 FEET (1428.07 FEET CALCULATED) TO THE SOUTHERLY RIGHT-OF-WAY LINE OF LAKE TRAFFORD ROAD; THENCE S,87'58'12"E., ALONG SAID RIGHT-OF-WAY, A DISTANCE OF 3861,86 FEET TO THE: P.C. OF A CURVE TO THE LEFT HAVING A RADIUS OF 11499.20 FEET AND A CENTRAL ANGLE OF 01'25'10"; THENCE EASTERLY, ALONG THE ARC OF SAID CURVE, A DISTANCE OF 284.88 FEET TO THE ~OINT OF BE~NNING: CONTAINING .307,333 ACRES, MORE OR LESS. NOTES: THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. BEARINGS REFER TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SECTION 31, TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA. AS BEING S.01'11'04"E. ABSTRACT OF TITLE HAS NOT BEEN REVIEWED BY SURVEYOR, PROPERTY DESCRiPTiON WAS PROVIDED BY CLIENT. THE PROPERTY DESCRIPTION, AS PROVIDED, DOES NOT CLOSE MATHEMATICALLY BY APPROXIMATELY 0.42 FEET NORTH AND SOUTH. THE PROPERTY BOUNDARY HAS BEEN ADJUSTED ALONG ITS MOST NORTHWESTERLY COURSE, AS SHOWN HEREON, TO ACHIEVE MATHEMATICAL CLOSURE, PROPERTY AREA: 307.`333 ACRES, MORE OR LESS. ENVIRONMENTAL CONCERNS, ARCHEOLOGICAL SITES, WILDLIFE POPULATIONS AND JURISDICTIONAL WETLANDS, IF ANY, HAVE NOT BEEN LOCATED OR NOTED ON THIS SURVEY. IMPROVEMENTS EXISTING ON AND ADJACENT TO THIS PROPERTY HAVE NOT BEEN LOCATED ON THIS SURVEY. THIS SURVEY IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. CERTIFIED TO: MDG-CAPITAL PARTNERS, INC. I HEREBY CERTIFY THAT THIS SKETCH OF THE HEREON DESCRIBED PROPERTY WAS SURVEYED UNDER MY DIRECTION ON 1/22/02. I FURTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA PURSUANT TO CHAPTER 61G17-6, F.A.C. HOLE MONTES, INC. CERTIFICATION OF AUTHORIZATION LB #1772 THOMAS J. GARRIS P.L.S. #3741 STATE OF FLORIDA · DRAIMNO NO. BOUNDARY SURyEY STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDIND~NCE NO. 2002-40 Which was adopted by the Board of County Commissioners on the 30th day of July, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of August, 2002. DWIGHT E. BROCK Clerk of Court~..~n~,,~lerk Ex-officio County