Ordinance 2002-43ORDINANCE NO. 02- 4 3
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 9618S; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "A" AGRICULTURAL TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS THE BALMORAL PtJD FOR A
MIXED USE RESIDENTIAL DEVELOPMENT FOR PROPERTY
LOCATED ON THE EAST SIDE OF FUTURE LIVINGSTON ROAD
AND THE WEST SIDE OF WHIPPORWILL LANE, IN~"~
(C.R.
881)
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIERg~
COUNTY, FLORIDA, CONSISTING OF 58.95+ ACRES; AND BY~i'di
PROVIDING AN EFFECTIVE DATE. x~ rn
WHEREAS, Michael R. Fernandez, AICP, of Planning Development, Inc., representing
Relleum, Inc. and Granite Development II, L.C., petitioned the Board of County Commissioners to
change the zoning classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 18,
Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Agriculture to
"PUD" Planned Unit Development in accordance with the Balmoral PUD Document, attached hereto
as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered
9618S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~ day of '~-'"Lx, L, L3 ,2002.
A~...:,.:'.~,~ ._ % .
~sf~a~e onl'~'/.~s g
Ma[johe M~ma~fft - '
Assistant Coun~ Attorney
PUDZ-2001 -AT- 1553/RB1o
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~
JAMES1
This ordinance filed with the
t~ary of S~tote's Of{ice the
and ocknowledgement, t._~ot
this ~ day
filir~ mceived
BALMORAL
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepared For:
Reileum, Inc.
c/o John Scot Mueller, President
801 Laurel Oak Drive
Suite 700
Naples, Florida 34108
Prepared By:
Michael R. Fernandez, AICP
of
Planning Development incorporated
5133 Castello Drive Suite 2, Naples, Florida 34103
941 / 263-6934 941 /263-6981 fax
PDmm:@^OL.COM
Revised by Collier Count5, April 22, 2002
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE
03.24.02
PUD Exhibit "A"
TABLE OF CONTENTS
SECTION
TABLE OF CONTENTS & LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
I
II
III
V
PROPERTY OWNERSHIP & DESCRIPTION
PROJECT DEVELOPMENT
TRACT R:
RESIDENTIAL DEVELOPMENT REGULATIONS
PRESERVE TRACTS
DEVELOPMENT COMMITMENTS
PAGE # of 29
2
3
5
8
16
22
23
LIST OF EXHIBITS / ATTACHMENTS
EXHIBIT A PUD Master Plan
Page 2 of 29
STATEMENT OF COMPLIANCE
The development of approximately 58.95 acres of property in Collier County, as a
Planned Unit Development to be known as Balmoral, will be in compliance with the
goals, objectives and policies of Collier County as set forth in the Growth Management
Plan. The Balmoral PUD will be consistent with applicable comprehensive planning
objectives of each of the elements of the Growth Management Plan for the following
reasons:
o
o
o
The project development is compatible and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
The Balmoral PUD implements Policy 5.6 of the Future Land Use Element in that
a minimum of sixty (60) percent of the project will be open space.
The subject property's location, because of its relation to existing or proposed
community facilities and services, permits the development's residential density
as described in Objective 2 of the Future Land Use Element.
The project development will result in an efficient and economical extension of
community facilities and services as required in Policies 3. I.H and L of the Future
Land Use Element.
The project will be served by a complete range of services and utilities as
approved by the County.
Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
The project is compatible with adjacent land uses through the internal
arrangement of structures, the placement of land use buffers, and the proposed
development standards contained herein.
The subject property is within the Urban Residential Land Use Designation as
identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and
Policy 5.3 of the Future Land Use Element (FLUE) and therefore is eligible for
the base density of 4 units per acre as provided by the FLUE Density Rating
System. The proposed density for the project is 4.00 units per acre, which is
provided for by the FLUE Density Rating System contained in the FLUE and
therefore is consistent with the Future Land Use Element Policy 5.1.
Page 3 of 29
In summary, the subject property has an area of 58.95± acres; therefore, the
maximum number of units this development is eligible for and is proposed to have is
a maximum of 236 units. The project site will have a density of 4.0 units per acre.
This density is deemed consistent with the density provided for by the County's
Growth Management Plan.
ACREAGE
UNITS PROPOSED (PER ACRE)
YIELD (MAXIMUM)
58.95 + Acres
4.0±
236
Page 4 of 29
1.1
PURPOSE
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.2
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 Balmoral PUD.
LEGAL DESCRIPTION
1.3
The subject property being:
THE FOLLOWING DESCRIBED PROPERTY IN COLLIER COUNTY,
FLORIDA:
AS RECORDED IN O.R. BOOK 1681, PAGE 5, AND O.R. BOOK 803, PAGE
1483, OF THE PUBLIC RECORDS OF COLLIER COUNTY; AND
THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP
49 SOUTH, RANGE 26 EAST; AND
THE SOUTH ½ OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF
SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST.
SUBJECT PARCEL CONTAINS 58.95 ACRES, MORE OR LESS.
PROPERTY OWNERSHIP
The subject property is currently under the ownership and unified control of Relleum,
Inc. and Granite Development 1/, L.C. hereinafter jointly called "Applicant" or
"Developer".
Page 5 of 29
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
1.5
1.6
The total site area is 58.95+/- acres and is located approximately 3,800 feet south
of Pine Ridge Road and 8,500 feet north of Golden Gate Parkway with 1,320 +
feet of frontage on the future extension of Livingston Road. This parcel is located
within Section 18, Township 49S, Range 26E, Collier County, Florida.
Bo
The zoning classification of the subject property prior to the date of this approved
PUD Document was "A" - Rural Agriculture.
PHYSICAL DESCRIPTION
The subject property is relatively level with elevations between 10.00 feet and 11.00 feet
above mean sea level. The majority of the western portion of the parcel is vegetated.
The eastern portion of the parcel was previously in farm production. This eastern portion
also supports a 3.6+/- acre borrow pit lake which was permitted and created in 1983 to
supply fill for the development of Interstate 75. The entire parcel is encumbered by a 40
foot drainage easement and the ditch within this easement provides a drainage way for
the Kensington development and other abutting lands.
Natural drainage is southward and flows generally terminate into the existing ditch.
Water management plans for the project shall utilize lake detention areas.
The subject property has the following designation relative to FEMA Flood Area Zone X,
Firm Maps 120067 0385D & 120067 0425 D; Dated June 3, 1986.
PROJECT DESCRIPTION
The proposed development has an area of 58.95 acres and is proposed to be developed
concurrently with the extension of Livingston Road. The Balmoral PUD shall consist of a
maximum of 236 residential units developed as a mixture of single and multi-family
homes in a community of individual residential tracts linked by common primary
vehicular and pedestrian circulation, shared open space and common recreational
amenities. Each residential unit will be served with centrally provided potable water,
sanitary sewer and electric power. Additional services will be provided as appropriate.
A minimum of 9.0 acres of existing vegetated area will be retained on site.
6 of 29
The development's primary access will be from its frontage on Livingston Road
which is currently under construction. A singular access point along this future
roadway has been identified as being located approximately 1,090 feet north of the
parcel's southwest property comer.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Balmoral Planned Unit
Development Ordinance."
Page 7 of 29
2.1
2.2
PURPOSE
SECTION I1
PROJECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to delineate and generally describe the project's
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
GENERAL
Bo
Do
Eo
Regulations for development of the Balmoral PUD shall be in accordance
with the contents of this Document, PUD-Planned Unit Development
District and other applicable sections and parts of the Collier County Land
Development Code and the Growth Management Plan in effect at the time
of issuance of any development order to which said regulations relate
which authorizes the construction of improvements. Where the
regulations of this PUD Document fail to provide developmental
standards, then the provisions of the most similar district in the County
Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of issuance of the development order to which said
regulations relate.
All conditions imposed and all graphic material presented depicting
restrictions for the development of the Balmoral PUD shall become part of
the regulations, which govern the manner in which the PUD site may be
developed.
Unless modified, waived or excepted by this PUD Document or associated
exhibits, the applicable provisions of other sections of the Land
Development Code remain in full force and effect with respect to the
development of the land which comprises this PUD.
Development permitted by the approval of this petition will be subject to
concurrency review under the provisions of Division 3.15, Adequate
Public Facilities of the Land Development Code.
Page 8 of 29
2.3
The development of any tract approved for residential development contemplating
fee simple ownership of land for each dwelling unit shall be required to submit
and receive approval of a preliminary subdivision plat in conformance with the
requirements of Division 3.2 of the Collier County Land Development Code prior
to the submittal of construction plans and a final plat for any portion of the tract or
parcel.
DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including uses of land for the acreage noted, is
illustrated graphically by Exhibit "A", PUD Master Plan.
TABLE I: BALMORAL: ESTIMATED LAND USE SUMMARY
TRACT LAND USE APPROXIMATE ACREAGE
R1 RESIDENTIAL 9.3
R2 RESIDENTIAL 14.3
R3 RESIDENTIAL 10.0
R4 RESIDENTIAL 4.7
LAKE
PRESERVES A+B+C+D+E
Livingston Road Easement
Green Boulevard Easement
Whippoorwill Lane Easement
TOTAL
RETAINED VEGETATION
COUNTY R/W
COUNTY R/W
COUNTY R/W
7.3
9.0
0.8
3.0
0.6
58.95±
INote A.
Note B.
The maximum number of residential units within the PUD:
236 units, approximately 4± units per acre.
The number of units and intensity of units per acre within specific residential tracts may
be varied provided the number within the entire PUD does not exceed 236 units.
Residential tract acreage includes buffers, preserved areas, other open space or
recreational areas, roads and water management systems. The total tract acreage
is utilized in the determination of residential density.
Page 9 of 29
2.4
2.5
Table I is a schedule of the intended land uses, with approximate acreage
of the total project indicated. The arrangement of these land areas is
shown on the Master Plan (Exhibit "A"). The Master Development Plan is
an illustrative preliminary development plan. Design criteria and layout
that is illustrated on the Master Development Plan and other eXhibits
supporting this project shall be understood to be flexible so that final
design may satisfy development objectives and be consistent with the
project development, as set forth in this Document.
Modification to all internal boundaries may be permitted at the time of
preliminary subdivision plat or site development plan approval subject to
the provisions of the Collier County Land Development Code or as
otherwise permitted by this PUD Document.
In addition to the various areas and specific items shown in Exhibit "A",
such easements as necessary (utility, private, semi-public) shall be
established within or along the various tracts or acreage as may be
necessary.
DESCRIPTION OF PROJECT DENSITY
No more than 236 residential dwelling units shall be constructed in the 58.95 +/-
acre project area. If all dwelling units are constructed, 'gross density will be 4
units per acre.
DEVELOPMENT SCHEDULE
The Applicant estimates completion of improvements to the property should
occur within four (4) years. Year "one" (1) is the year Livingston Road
construction adjacent to the site is completed.
Year Units
Cumulative Total
1 40 40
2 60 100
3 80 ~80
4 56 236
2.6
AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
Page 10 of 29
2.7 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
2.8
Prior to the recording of a record plat and/or condominium plat for all or
part of the PUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to ensure
compliance with the PUD Master Plan, and as applicable, the Collier
County Subdivision Code and the platting laws of the State of Florida.
Bo
Exhibit "A", PUD Master Plan, constitutes the required PUD development
plan. Subsequent to or concurrent with PUD approval, a preliminary
subdivision plat, if applicable, shall be submitted for the entire area
covered by the PUD Master Plan. Any division of property and the'
development of the land shall be in compliance with Division 3.2 of the
Collier County Land Development Code and the platting laws of the State
of Florida.
Co
The provisions of Division 3.3 of the Collier County Land Development
Code, when applicable, shall apply to the development of all platted tracts,
or parcels of land as provided in said Division prior to the issuance of a
building permit or other development order.
Do
Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing
perpetual maintenance of common facilities.
Design and construction of all improvements shall be subject to
compliance with the appropriate provisions of the Collier County Land
Development Code, Division 3.2.
MODEL HOMES AND SAI.ES CENTERS
Model homes, sales centers and other uses and structures related to the promotion
and sale of real estate, such as, but not limited to, pavilions, viewing platforms,
gazebos, parking areas, and signs, shall be permitted principal uses throughout the
Balmoral PUD subject to the requirements of Section 2.6.33.4 and Section
3.2.6.3.6, of the Collier County Land Development Code. Model homes/model
centers including sales center shall be permitted in conjunction with the
promotion of the development subject to the following:
Single-family models may be constructed after administrative approval of
the plat and construction plans but prior to recording of the plat.
Models may be permitted as "dry models" and must obtain a conditional
certificate of occupancy for model purposes only. Models may not be an
occupied unit until a permanent certificate of occupancy is issued.
Page 11 of 29
2.9
o
Models may not be utilized as "sales offices" without approval by and
through the site development plan (SDP) process. The SDP process shall not
be required for single-family dry models pursuant to this Section.
Temporary access and utility easements may be provided in lieu of dedicated
rights-of-way for temporary service to model homes.
o
In addition to the use of model homes as sales offices or centers, a sales
office or center may be maintained on-site for the sales, marketing and
administration of recreation club memberships.
LANDSCAPE BUFFERS, BERMS, FENCES, WALLS AND GATEHOUSES
Landscape buffers, berms, fences, walls and gatehouses are generally permitted as a
principal use throughout the Balmoral PUD. Along the PUD boundaries, the
landscape buffers, berms, fences and walls that may be installed shall have equal
treatment and maintenance of the interior and exterior of said landscape buffers,
berms, fences and walls. The following standards shall apply:
1. Berms shall have the following maximum side slopes:
2.
3.
4.
5.
Grassed berms over two feet in height - 4:1
Landscaped berms - 3:1
Rip-Rap berms - 1:1
Structural walled berms may be vertical
Required buffer planting areas - 4:1
Height of Landscaped Berms and Depth of Swales:
A 4:1 slope shall be required for berms, and swales, except under the
following circumstances:
The maximum height of the berm may be eight feet, as measured
from existing grade, if a 3:1 slope is utilized and the berm is
landscaped. The maximum depth of a swale may be four feet, as
measure~ from existing grade, ifa 3:1 landscaped slope is utilized.
A 3:1 slope is also permitted if the height of the slope is two feet in
height or less or if the open channel is two feet in height or less.
Fence or wall maximum height:
The maximum height for all walls and fences around the perimeter of the
development shall be ten (10) feet above the finished grade level of the
nearest street. Walls and fences within the development shall conform with
Collier County Land Development Code requirements.
Page 12 of 29
4. Fence or wall setbacks:
2.10
LAKE
o
Fences, walls and similar structures shall be set back a minimum of 5 feet
from development boundaries where adjacent to a public right-of-way and
a 2-foot setback is required from all other land uses.
Pedestrian sidewalks, bike paths, water management facilities and
structures may be incorporated into the required landscape buffer areas,
consistent with Section 2.4.7.3.4 of the Land Development Code.
Gatehouses and access control structures shall have no required setback
from edge of pavement or back of curb. Gatehouses or access control
structures shall not be located to cause interference to or backups on the
public roadway system. Minimum setback shall be 200 feet from the edge
of the pavement.
SETBACK AND EXCAVATION
The lake setback requirements described in Section 3.5.7.1 of the Collier
County Land Development Code may be reduced with the administrative
approval of the Collier County Development Services Director. Lakes
may be excavated to a maximum depth of twenty (20) feet. Removal of
fill from Balmoral shall be limited to an amount up to 10 percent (to a
maximum of 20,000 cubic yards) of the total volume excavated unless a
commercial excavation permit is received.
All setbacks shall be measured from the location of the contour of the
control elevation of the lake. The required setback to any right-of-way,
roadway or access easement may be twenty-five (25) feet if supported by
design calculations submitted at the time of development plan review.
The required setback to any extended property lines may be twenty-five
(25) feet if the property line is properly fenced. The required setback to
any property line or tract line internal to the Balmoral development shall
be zero feet, except that a twenty (20') foot lake maintenance easement
shall be provided as required by the South Florida Water Management
District.
Excavation of proposed lakes may utilize blasting provided such activities
meet the minimum setbacks identified within this Section and shall be
subject to all other development standards of the Land Development Code.
Page 13 of 29
Page 7 of 12
2.11
2.12
FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Balmoral
PUD. Fill material generated may be stockpiled within areas designated for
residential development upon issuance of a Clearing and Filling Permit. Prior to
stockpiling in these locations, a Letter of Notification along with the plans
showing the locations and cross-sections shall be submitted to Collier County
Engineering Review Services Staff for review and approval. The following
standards shall apply:
1 Stockpile maximum side slopes: 3:1
2 Stockpile maximum height: Thirty-five (35) feet
3 Fill storage areas shall be screened with a security fence at least six (6) feet in
height above ground level, except as may otherwise be approved by Collier
County Engineering Review Services Staff pursuant to a submitted grading
and filling plan.
4 Soil and erosion control shall be provided in accordance with the Collier
County Land Development Code, Division 3.7.
ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
2.13
2.14
MAINTENANCE
Whenever the Developer elects to create land area and/or recreational amenities
whose ownership and maintenance responsibility is a common interest to all of
the subsequent purchasers of property within said development in which the
common interest is located, that developer entity shall provide appropriate legal
instruments for the establishment of a Property Owners' Association or other
appropriate entity whose function shall include provisions for the perpetual care
and maintenance of all common facilities and open space subject further to the
provisions of the Collier County Land Development Code, Section 2.2.20.3.8.
COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open
spaces, street trees and water management facilities shall be the responsibility of
the Developer, its successors or assigns. The Developer, its successors or assigns,
shall retain copies of the project's master plans for common facilities and their
associated maintenance programs/requirements.
EASEMENTS FOR UTILITIES
All necessary easements, dedications, or other instruments shall be granted to
ensure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time of development
approvals.
Page 14 of 29
2.15 OPEN SPACE REQUIREMENTS
A combination of the lakes, landscape buffers and other open space shall meet the
sixty (60) percent open space requirement for development as set forth in Section
2.6.32.2 of the Collier County Land Development Code. Open space shall include all
pervious green space within development parcels, lots and roadway easement tracts.
Page 15 of 29
SECTION III
3.1
TRACT R: RESIDENTIAL DEVELOPMENT REGULATIONS
PURPOSE
3.2
The purpose of this Section is to identify specific development standards for the areas
designated as Tracts "R 1", "R2", "R3" and "R4" on the PUD Master Plan, Exhibit "A".
MAXIMUM DWELLING UNITS
3.3
The maximum number of dwelling units that may be constructed within this 58.95+
acre project is 236.
USES PERMITTED
Residential areas designated on the Master Plan are to accommodate a full range of
residential dwelling units, recreational facilities, essential services, customary
accessory uses, and compatible land uses.
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. Residential dwellings, including single-family, attached and detached,
duplex and two-family dwellings, townhouses, zero-lot line and multi-
family dwellings, including garden apartments and timeshare facilities.
2. Guardhouses and entrance gates.
o
Common community and recreational uses and facilities such as
swimming pools, tennis courts, children's playground areas, clubhouse
and similar facilities that serve as an integral part of a residential
development. Such uses shall be visually and functionally compatible
,vith the adjacent residences whose residents mill have tho u,,e cf such
facilities.
Page 16 of 29
3.4
B. Accessory Uses:
Uses and structures that are accessory and incidental to uses permitted as of right,
including private garages.
Recreational uses and facilities such as swimming pools, tennis courts, children's
playground areas and similar facilities that serve as an integral part of a
residential development. Such uses shall be visually and functionally compatible
with the adjacent residences which have the use of such facilities.
Essential services as defined by Section 2.6.9.1 of the Collier County Land
Development Code, including interim and permanent utility and maintenance
facilities.
Any other accessory use which is comparable in nature with the foregoing uses
as determined by the Board of Zoning Appeals.
C. Conditional Uses:
I. Churches and other places of worship.
2. Schools, public and private.
3. Social fraternal organizations.
4. Child care centers.
Adult living facilities subject to Section 2.6.26 of the Collier County Land
Development Code.
DEVELOPMENT STANDARDS
Ao
The Balmoral PUD will feature an integrated and compatible architectural building style
or theme, which will be incorporated into the design of all residential structures.
Buildings will feature unifying and complementary design elements such as roof
treatments, building materials and building colors. To reduce mass, architectural design
treatments such as articulated roof lines, balconies, building offsets, and unified
landscaping will be provided. The individual buildings may vary in size and
configuration.
B°
Table II sets forth the development standards for land uses within the "R" Residential
District within the Balmoral PUD. Front yard setbacks in Table II shall be measured as
follows:
If the parcel is served by a public right-of way, the setback is measured from the
adjacent right-of-way line.
Page 17 of 29
If the parcel is served by a non-platted private drive, the setback is
measured from the back of the most restrictive of the curb or edge of
pavement of the driveway. If the parcel is served by a platted private
drive, the setback is measured from the road easement or property
line.
(a)
Carports are permitted within parking areas within parcels
supporting multiple units.
(b)
Garages are permitted at the edge of the vehicular pavement
which provides access to a designated parking space within
parcels supporting multiple units.
Page 18 of 29
TABLE II
Development Standards for Residential Areas designated as "R" Tracts on the PUD Master Plan.
Single- Zero Lot Two-Family & Single- Multi-family
Family Line Duplex Family
Detached Attached and
Townhouse
Minimum Lot Area (Sq. Ft.) 5,000 3,500 3,500 (per unit) 1,800 (per 43,560
unit)
Minimum Lot Width 50' 51'}' 100' 30' 100'
Front Yard Setback 20' 20' 20' 20' 20'
Front Yard for Side Entry Garage 20' 15' 15' 15' 15'
Rear Yard Setback 20' 20' 20' 20' 20'
(Principal)
Rear Yard Setback I 0' I 0' I 0' I 0' 10'
(Accessory)
Side Yard Setback (Principal and 7.5' -1 story, 0' or 6' 0' or 7.5' 0' or 0.5 15' or 0.5'
Accessory) 10' if> 2 (note 3) Building Building
story Height, but Height
not less than
6' (note 3)
Maximum Height (Principal and 35' 35' 35' 35' 45'
Accessory)
Min. Floor Area (Sq. Ft.) 1,200 1,000 1,000 1,000 I br - 700 sq. fi.
2 bt- 900 sq. fl.
3 br - 1100 sq. fi.
Min. Distance Between Principal 7.5' -I story, 10' or 7.5' -I story, 10' or the lesser of
Structures 10' if> 2 ½ SBH, 10' if> 2 story ½ SBH, ½ SBH and 30'
story whichever whichever is
is greater greater
BH: Building Height
SBH: Sum of Building Heights - Combined height of two adjacent buildings for the purpose of determining setback
requirements.
> Greater Than
NOTES:
Minimum lot areas for any unit type may be exceeded. The unit type and not the
minimum lot area, shall define the development standards to be applied by the
Customer Services Department during an application for a building permit. For all
zero lot line units, a conceptual exhibit showing typical building configurations
shall be submitted to the Customer Services Department with the application for the
first building permit. The conceptual exhibit may be modified as needed.
All distances are in feet unless otherwise noted.
Zero feet (0') or a minimum of six feet (6'), on either side except that where the zero
foot (0') yard option is utilized, the opposite side of the structure shall have a
minimum distance between structures of twelve feet (12'). Zero foot (0') yards may
be used on either side of a structure provided that the distance between structures is
twelve-feet (12'). Patios and pools enclosures may encroach into the twelve foot
(12') yard.
19 of 29
Screen enclosures may also encroach into the 10-foot yard provided a minimum of a 5-
foot setback is maintained. Where this option is used, a conceptual site plan for all lots
platted tbr patio and zero lot line shall be submitted to the Building Deptment with the
application for the first building permit. This plan will be used to determine the I O-foot
spacing requirement between structures.
Lot/Tract width may be reduced on cul-de-sac lots provided a minimum cord length of 24
feet is provided and the average width of the lot/tract is equal to or greater than the
minimum standard.
Rear yard setback for waterfront lots may be reduced to zero (0') feet where no lake
maintenance is required.
Maximum height and number of stories shall be measured and calculated from the
bottom of the structural slab above the parking level when a structure is located above
on-grade parking.
GENERAL NOTE:
1. Individual single-family structures maybe developed on Multi-Unit Tracts subject to site
development plan approval.
20 of 29
3.5 OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the Land Development Code in effect at the time of building
permit application.
3.6 LANDSCAPING AND BUFFERING REQUIREMENTS
PUD Boundaries:
A 20 foot minimum width Type D buffer along Livingston Road, the parcel's west property
line and the parcel's south and east property lines where abutting public road right-of-way.
Required shade trees shall have a minimum height at installation of 16 feet.
A 10 foot minimum width buffer along the parcel's remaining property lines. The buffer
shall be constructed on a berm having a minimum height of 2 feet above the water
management control elevation. Required shade trees shall have a minimum height at
installation of 14 feet.
Street Trees: Street trees shall be provided on both sides of all internal roads or access ways.
A Street Tree Master Plan shall be included with the application for a preliminary
subdivision plat (PSP) or site development plan (SDP) as may be appropriate. Installation of
individual trees shall be prior to or concurrent with the development of the adjacent dwelling
unit or structure in proximity to the roadway or access way. Shade trees in proximity to
sidewalks or other paved areas shall be installed with a deep root barrier system. Street trees
shall be placed at the more restrictive of one per lot or one per 60 linear feet. A minimum of
50 percent of the trees shall be canopy trees with a 14 foot height at installation. Trees must
be located no more than 10 feet from the edge of pavement to be classified as street trees and
shall be installed between the edge of pavement and sidewalk when viable. Once installed,
should a street tree be displaced or die, it shall be replaced within 12 months. Replacement
trees shall minimally meet the original specification requirements, including consistency with
the Master Street Tree Plan. This tree requirement may count toward satisfaction of the tree
requirements for individual lots or tracts as provided for by the Collier County Land
Development Code. If utilized to satisfy Collier County Land Development Code
requirements, trees shall be required to meet native species requirements.
3.7 ARCHITFCTURAL STANDAR DS
All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically
unified. Flat roofs as the primary roof element for buildings and accessory structures are
prohibited and roof slopes shall have a minimum pitch of4:l. All pole lighting, internal to
the project, shall be architecturally compatible and limited to a height of 20 feet.
Page 21 of 29
3.8 DEVELOPMENT STANDARDS FOR PRINCIPAL USES LISTED UNDER
SECTION 3.3.A.3.
A. Front yard setbacks shall be measured as follows:
Co
D.
E.
F.
G.
If the parcel is served by a public or private fight-of-way, the
setback is measured from the adjacent right-of-way line.
If the parcel is served by a non-platted private drive, the setback is
measured from the back of the most restrictive of the curb or edge
of pavement of the driveway. If the parcel is served by a platted
private drive, the setback is measured from the road easement or
property line.
Setbacks
1. Front Yard: 25 feet
2. Side Yard: 25 feet
3. Rear Yard: 25 feet
Maximum Height: 35 feet or three (3) stories, whichever is less.
Minimum Lot Width:
75 feet
Minimum Lot Depth:
75 feet
Minimum Lot Area:
6,000 feet
Minimum Distance
Between Structures:
10 feet
Page 22 of 29
SECTION IV
PRESERVE TRACTS
4.1
4.2
PURPOSE
The purpose of this Section is to identify specific development standards for the areas
designated "PRESERVE" on the PUD Master Plan, Exhibit "A".
USES PERMITTED
Permitted uses within preserve areas do not preclude the requirement of preserving 9.0 acres
of native vegetation under the provisions of Collier County Land Development Code Section
3.9.5.5.3. No building or structure, or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Principal Uses:
2.
3.
4.
5.
Passive recreational areas including recreational structures.
Biking, hiking, nature trails and boardwalks.
Water management structures.
Native preserves and wildlife sanctuaries.
Supplemental landscape planting, screening and buffering after appropriate
environmental review.
Page 23 of 29
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in accordance with the site development plans or
final subdivision plats, as the case may be, and all applicable State and local laws,
codes and regulations applicable to this PUD. Except where specifically noted or
stated otherwise, the standards and specifications of the Land Development Code,
Division 3.2 shall apply to this project even if the land within the PUD is not to be
platted. The Developer, its successors and assigns, shall be responsible for the
commitments outlined in this document. The Developer, its successor or assignee,
agree to follow the Master Plan and the regulations of the PUD as adopted, and
any other conditions or modifications as may be agreed to in the rezoning of the
property. In addition, any successor or assignee in title is bound by the
commitments within this agreement.
5.3 PUD MASTER PLAN
Exhibit "A", PUD Master Plan, illustrates the proposed development and is
conceptual in nature. Proposed tract or special land use boundaries shall not
be construed to be final and may be varied at any subsequent approval phase
such as at final platting or site development plan application, subject to the
provisions of the Land Development Code and amendments as may be made
from time to time.
All necessary easements, dedications, or other instruments shall be granted to
ensure the continued operation and maintenance of all service utilities and all
common areas in the project.
5.4 MONITORING REPORT AND SUNSET PROVISIONS
A. The Balmoral PUD shall be subject to the Time Limits of Section 2.7.3.4 of
the Land Development Code.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant
to Section 2.7.3.6 of the Collier County Land Development Code.
Page 24 of 29
Pagellof 11
5.5 DEVELOPMENT EXEMPTION FROM STANDARD SUBDIVISION PRACTICE
/REGULATIONS
5.6
The Site Development Plan Division of the Collier County Land Development Code shall
apply to the Balmoral PUD, except for the exemptions set forth herein or otherwise
granted pursuant to Collier County Land Development Code, Section 3.3.3.
SUBSTITUTIONS AND EXCEPTIONS TO SUBDIVISION REGULATIONS
5.7
The following design substitutions shall apply:
Bo
Co
Fo
Go
LDC Section 3.2.8.3.19: Street name signs shall be approved by the Planning
Services Director but not need to meet the U.S.D.O.T.F.H.W.A. Manual on
Uniform Traffic Control Devices. Internal street pavement painting and reflective
edging requirements are waived.
LDC Section 3.2.8.4.16.5: Ail internal streets shall considered local streets and
their standard right-of-way width shall be fifty (50) feet. If these streets are to be
public and dedicated to Collier County, then a sixty (60) foot wide right-of-way is
required.
LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be
waived. The maximum length shall be 1,150 feet.
LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves
shall be waived.
LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be
waived to allow the use of a surface course of paver brick or decorative concrete
pavement except within public rights-of-way.
LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non-
paved areas of the right-of-way shall be waived to allow the installation of
decorative planters and alternative ground cover.
LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities on lots be
spaced in accordance with FDOT criteria may be varied upon submittal of the
necessary data to support this subsitution at the time of development plan
submittal.
TRANSPORTATION
The development of the PUD Master Plan shall be subject to and governed by the
following conditions:
Arterial level lighting shall be provided at all project entrances. Installation shall
be in place prior to issuance of any certificates of occupancy.
The road impact fees shall be paid in accordance with the applicable Ordinance in
effect at the time of development order application.
Page 25 of 29
Do
Eo
F°
Go
Site drainage shall not be permitted to discharge directly into any roadway
drainage system not specifically designed for such discharge.
Gatehouse facilities, if any, shall be designed and located so as not to cause
vehicles to be backed up onto any public roadway. Minimum setback from the
edge of pavement shall be 75 feet. Safety access for emergency vehicles shall be
provided.
Within 90 days of the approval date of the Balmoral PUD, the petitioner, its
successors or assigns, shall provide the southernmost 15 feet to meet immediate
utility needs. In the event that the east-west Green Boulevard Extension is lbur
laned, the 12-inch water main shall be relocated out of the median and into a
dedicated Collier County utility easement according to Collier County ordinance
standards at the expense of the developer.
Within 90 days after the receipt of a written request from the County, made after
the funding of the cost of the improvements for the referenced east-west road
extending Green Boulevard to Livingston Road, the petitioner, its successors or
assigns, shall convey the balance of the right-of-way easement.
The Developer may construct all or part of the proposed Green Boulevard
Extension roadway connecting to Livingston Road and shall also be responsible
for all necessary permitting. Impact fee credits or other funding shall only be
available if the roadway, or portion thereof, is constructed to County design
standards for a collector road under County ordinances and policies and is not a
site related improvement. The entrance for the east-west collector road shall be
located no closer than 500 feet from Livingston Road. Once the interests of any
easement holder or lien holder are subordinated or released relative to the
Kensington drainage outfall ditch, the Developer may cover and bury the pipes to
construct the collector road within the easement. Valuation of the conveyance
shall be as set forth in Section 2.2.20.3.7 of the Land Development Code.
Within thirty (30) days of the County's adoption of the Balmoral PUD, the
Developer shall donate, without compensation, the easternmost 10 feet of its
property for a nonexclusive County Utility Easement.
Per the Stipulated Final Judgment in Case No.: 01-0757-CA, the County shall
construct a directional median opening and turn bay within the right-of-way for
Livingston Road, 1,090 feet north of the southern boundary of the subject parcel.
After the initial construction, the County may close the directional median
opening at the earlier of (a) the installation and opening of a traffic signal at the
east-west collector road, or (b) based on safety and/or capacity measures.
Platted project streets may be private or public, or may be owned by a
homeowners' association and shall be classified as local streets. The private or
public designation shall be made at the subdivision plat or site development plan
stage of permitting, as may applicable.
Page 26 of 29
5.8
5.9
5.10
5.11
Access. The project's initial access shall be from Livingston Road and shall be
located approximately 1,090 feet north of the parcel's southwest comer. A secondary
access location may be required to be located along the proposed Green Boulevard
Extension roadway located along the parcel's southern property line a minimum of
500 feet east of Livingston Road and a minimum of 660 feet west of the parcel's
eastern property line. In the event that the Green Boulevard Extension is not funded
for construction at the time Tracts R-3 and R-4 are proposed for site development
plan or preliminary subdivision plan review, then the secondary access point shall be
provided from Whippoorwill Lane. Other than as prescribed in the Stipulated Final
Judgment, Collier County has the right to modify or change any median treatment on
the public road system and other than those points of access required by the
Judgment, there is no vesting of number, type or location of access points.
Sidewalks, pathways and bicycle lanes shall be required in accordance with the
provisions Section 3.2.8.3.17 of the Collier County Land Development Code as may
be applicable at the time of development order application.
SITE LIGHTING
Lighting facilities shall be arranged in a manner, which will protect roadways and
neighborhood residential properties from direct glare or other interference.
SIGNAGE
All signs shall be in accordance with Division 2.5 of Collier County's Land Development
Code in effect at the time of Site Development Plan approval. The height of project
identification signs shall be measured from the finished grade of the nearest street.
ARCHAEOLOGICAL RESOURCES
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site
clearing, excavation or other construction activity an historic or archaeological artifact is
found, all development within the minimum area necessary to protect the discovery shall be
immediately stopped and the Collier County Code Enforcement Department contacted.
ENVIRONMENTAL
Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by the Current Planning
Section Staff. Removal of exotic vegetation within on-site wetlands shall not be counted
toward mitigation for impacts to Collier County jurisdictional wetlands unless otherwise
provided for within the Land Development Code.
Page 27 of 29
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 Section 3.2.8.4.7.3 of the Collier County Land Development
Code. In the event that the project does not require platting, all conservation areas shall
be recorded as conservation/preservation tracts or easements dedicated to an approved
entity or to Collier County with no responsibility for maintenance and subject to the uses
and limitations similar to or as per Section 704.06 of the Florida Statutes.
Co
Buffers shall be provided around any retained 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
Resource Permit Rules and be subject to review and approval by the Current Planning
Section Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to Current
Planning Section Staff for review and approval prior to site development
plan/construction plan approval. This plan shall include methods and a time schedule for
removal of exotic vegetation within conservation / preservation areas.
mo
Approximately 36.0 acres of the subject property are vegetated with native species. The
Developer shall preserve a minimum of twenty-five (25%) percent of the total vegetated
area consistent with the provisions of the Collier County Land Development Code,
Section 3.9.5.5.3, yielding a minimum preserve area of 9.0 acres.
5.12 WATER MANAGEMENT
A copy of the approved South Florida Water Management District (SFWMD) Surface Water
Permit shall be submitted prior to any site development plan approval.
5.13 UTILITIES
mo
Water distribution and sewage collection and transmission facilities to serve the project
are to be designed, constructed, conveyed, owned, and maintained in accordance with
Collier County Ordinance No. 97-17, as amended, and other applicable County rules and
regulations.
Bo
All customers connecting to the water distribution and sewage collection facilities will be
considered to be customers of the County, and will be billed by the County in accordance
with the County's established rates.
Temporary construction and/or sales trailers may use septic tanks or holding tanks for
waste disposal, subject to permitting under Rule 10D-6 of the Florida Administrative
Code, and may use potable or irrigation wells.
Page 28 of 29
5.14
The on-site distribution system serving the project must be connected to
the Collier County Water-Sewer District's water main available and
adjacent to the project boundaries. Said system shall be consistent with
the main sizing and any other requirements specified in the project's
Utility Master Plan and extended throughout the project. During design of
these facilities, dead-end mains shall be minimized by looping the internal
pipeline network, where feasible.
The Developer shall be deemed a benefiting party of the Whippoorwill
Lane utility extensions for water and sewer utilities and area-wide
drainage facilities only if they hook up to and utilize these extensions. If
the utility needs for water and/or sewer utilities and/or drainage facilities
are provided by other means, the Developer will not be deemed a
benefiting party of the Whippoorwill Lane area-wide utility extensions.
Fo
A sanitary sewer collection system and potable water supply distribution
system shall be designed having area-wide standard specifications as
determined acceptable to the Collier County Public Works Engineering
Division. Design specifications resulting in incurred costs to this project,
but having area-wide benefits, will be prorated against this project but will
be proportionately shared by the Developer with all benefiting projects.
Said pro-rata costs shall be determined by Collier County on a per unit
basis with all benefiting development projects having frontage on or
access to these utilities along Whippoorwill Lane or its east/west
extension. These costs shall be paid to Collier County prior to the issuance
of any building permits for this development. Said costs with area-wide
benefits incurred by this development shall be rebated pursuant to the
terms of a Developer Contribution Agreement.
The Developer's subdivision plan or site development plan application, as
may be applicable, shall include a commitment to extend to and connect to
the County's water distribution lines on Livingston Road and
Whippoorwill Lane, establishing a looped system, if the County facility is
within 50 feet of the parcel's boundary.
POLLING PLACES
This PUD is subject to the provisions in Section 3.2.8.3.14 of the Land
Developlnent Code.
Page 29 of 29
Page 8 of 11
~ ~ (V~'I~NO FLO~ WA~
FUTURE LIVlNGSTQN ROAD
PUD EXHIBIT "A"
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:
ORDINA/qCE NO. 2002-43
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 Courts and Clerk
Ex-officio to Board of
County Commissioners