Loading...
Ordinance 2003-04ORDINANCE NO. 03- 0 4' AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 1604S AND 1605 S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LANDS END PRESERVE, FOR PROPERTY LOCATED APPROXIMATELY 1/2 MILE WEST OF COLLIER BOULEVARD (C.R. #951) BY WAY OF TOWER ROAD OR ON THE WEST SIDE OF BAREFOOT WILLIAMS ROAD, IN SECTIONS 4 AND 5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 262.9+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-43, THE FORMER LANDS"' END PRESERVE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, representing Emerald Lakes Joint Venture, 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 Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 1604S and 1605S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 94-43, known as the Lands End Preserve PUD, adopted on September 13, 1994, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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. 1 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this lq4h day of ~-~o~c-o ,2003. I ATTEST: DWIGHT ~'~ROCK, CLERK . .?~' ,,~,.,,~ '... ....~,,',.. ........... .,% .. - ,-~, ..' ~-,~ '.. ~ '~. ApPro~a~F°~ ~ Legal Sufficiency ~jofie M. Student Assistant County A~omey PUDA-2002-AR-2702/RB/lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This ordinance filed witl~hc Secretary of State's Office th:: and acknowledgement of that filin~ received this ~ day Lands End Preserve A PLANNED UNIT DEVELOPMENT 263± Acres Located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Emerald Lakes Joint Venture PREPARED BY: D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, F1 34103 EXHIBIT "A" F:\PUD Documents\Lands End2.doc 12/10/2002 ii TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI EXHIBIT A LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL RECREATION CENTER PRESERVE GENERAL DEVELOPMENT COMMITMENTS PUD MASTER PLAN iii 1-1 2-1 3-1 4-1 5-I 6-1 F:\PUD Documents\Lands End2.doc 12/10/2002 iii STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Emerald Lakes Joint Venture, hereinafter referred to as the Developer, to create a Planned Unit Development (PUD) on 262.9+ acres of land located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Lands End Preserve. The development of Lands End Preserve will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan, Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Coastal Fringe District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. o The proposed residential density of Lands End Preserve is 2.75 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of four (4) units per acre. Due to the project's location adjacent to the Traffic Congestion Zone, one (1) dwelling unit is subtracted from the base density to permit a maximum of three (3) dwelling units per acre. The proposed maximum 10,000 square feet of convenience commercial and personal service uses located in the Recreation Center Tract, are consistent with the proposed Future Land Use Element, PUD Neighborhood Village Center Subdistrict. The Lands End Preserve PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. o The development of the Lands End Preserve PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1 of the FLUE. The Lands End Preserve PUD is a large-scale residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. The Lands End Preserve PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. F:LPUD Documents\Lands End2 doc 12/10/2002 iv o All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. o The Assisted Living Facility (ALF), permitted in specified Residemial Development tracts is a permitted community facility land use in the Urban Coastal Fringe Subdistrict of the Furore Land Use Element of the Growth Management Plan. F:\PUD Documents\Lands End2.doc 12/10/2002 V SHORT TITLE This ordinance shall be known and cited as the "LANDS END PRESERVE PLANNED UNIT DEVELOPMENT ORDINANCE". F:\PUD Documents\Lands End2.doc 12/10/2002 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE 1.2 The purpose of this Section is to set forth the legal description and ownership of the Lands End Preserve PUD, and to describe the existing condition of the property proposed to be developed. LEGAL DESCRIPTION The subject property being 262.9 acres, is described as: The North ½ of the South ½ of Section 4, Township 51 South, Range 26 East, Collier County, Florida lying Westerly of the centerline of Barefoot Williams Road. Together with: The South ½ of the South ½ of Section 4, Township 51 South, Range 26 East, Collier County, Florida lying Westerly of the Westerly Right of Way Line of Barefoot Williams Road. 1.3 Together with: The Southeast ¼ of the Southeast ¼ of Section 5, Township 51 South, Range 26 East, Collier County, Florida. Together with: The South ½ of the Northeast ¼ of the Southeast ¼ of Section 5, Township 51 South, Range 26 East, Collier County, Florida. GENERAL DESCRIPTION OF PROPERTY The project site is located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida. The site is generally bordered on the west by Lely Lakes Golf Resort PUD; on the north by LESNAP, an unrecorded subdivision; on the east by the Eagle Creek PUD, a developed residential/golf course community that is zoned PUD; and on the south by undeveloped agriculture and conservation zoned property. FSPUD Documents\Lands End2.doc 12/10/2002 I-2 The zoning classification of the subject property at the time of PUD application is PUD. 1.4 1.5 Elevations within the site are approximately 3.5 feet to 4.5 feet above MSL. Per FEMA Firm Map Panel No. 120067 615 E, dated August 3, 1992, the Lands End Preserve property is located within AE 8 of the FEMA flood insurance rate map. A majority of the site has been altered through past and current agricultural uses; however, a portion of the site does contain jurisdictional wetlands. An Environmental Impact Statement (EIS) has been submitted, pursuant to Division 3.8 of the LDC, and provisions for on-site preservation of higher quality wetlands are incorporated into the design of the Conceptual Master Plan, and overall water management system. The soil types on the site generally include fine quartz sand and organic loam. This information was derived from the Soil Survey of Collier County, Florida. The Lands End Preserve contains a variety of vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. A detailed vegetative inventory and map is included in the Environmental Impact Statement attachment to the Application for PUD Rezoning packet. Go The project site is located within the Collier County Water Management District Henderson Creek Watershed. PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 725 dwelling units are permitted within the Lands End Preserve PUD. This maximum of 725 dwellings may include single-family, two-family, duplex, zero lot line, patio, townhome and multi-family dwelling unit types. The PUD shall also permit development of an Assisted Living Facility (ALF) on the residential/golf tracts as shown on the Conceptual Master Plan, subject to standards found in Section 2.6.26 of the LDC. DENSITY Acreage of Lands End Preserve is approximately 262.9 acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 725. The gross project density, therefore, will be a maximum of 2.75 units per acre. At all times, all property included within the Lands End Preserve PUD as described in Section 1.2 shall be included in determining project density, including lands reserved for road right-of-way. F:\PUD Documents~Lands End2.doc 12/10/2002 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Lands End Preserve PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Lands End Preserve PUD will be developed as a mixed use residential community, which may feature a full array of residential dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, convenience commercial uses and personal services, central to community residents. Bo The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual recreational areas, water management features, and tract development areas shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Sections 3.2.7 and 3.3 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES Regulations for development of the Lands End Preserve PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to final subdivision plat, final site development plan, excavation permit and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions Set forth in the LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. F:\PUD Documents\Lands End2.doc .12/10/2002 2-2 Fo Ho Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. All conditions imposed herein or as represented on the Lands End Preserve Master Plan are pan of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Lands End Preserve PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Lands End Preserve PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 ROADWAYS B° Roadways within the Lands End Preserve PUD shall be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained project roadways. Roadways within the Lands End Preserve PUD shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 1. Streets and access improvements Section 3.2.8.4.16.5, Street Right-of-Way Width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. F:\PUD Documents\Lands End2doc 12/10/2002 2-3 b. Section 3.2.8.4.16.6, Dead-end Streets: Cul-de-sacs may exceed a length of one thousand (1,000) feet. Section 3.2.8.4.16.8, Intersection Radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. d. Section 3.2.8.4.16.10, Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 2. Sidewalks, bike lanes and bike paths ao Section 3.2.8.3.17.3, Sidewalks, bike lanes and bike paths: The primary project entry road and loop road system shall have a minimum eight foot (8') wide pathway on one side of the street, or a 5 foot wide pathway on both sides of the street, which may meander in and out of the right-of-way. Cul-de-sacs and private streets less than one thousand (1,000) feet in length shall not be required to provide sidewalks. Cul-de-sacs and private streets exceeding one thousand (1,000) feet in length shall provide sidewalks on one side of the roadway. 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced subject to the provisions established in Sections 3.5.7.1.1 and 3.5.7.1.2 of the LDC. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. and be subject to permit approval of the South Florida Water Management District. Removal of fill and rock from the Lands End Preserve PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. F:\PUD Documents~Lands End2.doc 1/17/2003 2-4 2.7 MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES 2.8 mo TEMPORARY CONSTRUCTION AND DEVELOPMENT PERMITS During the construction of any development for which at least a preliminary development order has been granted, the Developer may request a temporary use permit for the below-listed uses subject to the procedures established in Section 2.6.33 of the LDC. Temporary construction and development permits shall be allowed for the following uses: 2. 3. 4. 5. 6. Temporary offices to be used for construction, real estate sales and administrative functions within the development. Temporary sales centers and model homes On-site storage of equipment and construction materials for use on the development site only. On-site mobile home used as a temporary office or storage facility for persons engaged in the development of the site. On-site mobile home for the use of a watchman or caretaker only. On-site temporary use of structures and equipment for the building of roads, public utilities, and government projects. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN 2.9 Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. COMMON AREA MAINTENANCE Common area maintenance will be provided by a Community Development District (CDD) or by a Property Owners' Association. For those areas not maintained by a CDD, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems. F:\PUD Documents\Lands End2.doc 12/10/2002 2-5 2.10 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Lands End Preserve PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Do Grassed berms 4:1 Ground covered berms Perimeter 2:1 Internal to project 3:1 R/p-Rap berms 1:1 with geotextile mat Structural walled berms - vertical Fence or wall maximum height: Six feet (6), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6) in height from the top of berm elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Lands End Preserve PUD boundary prior to preliminary subdivision plat and site development plan submittal. Fences and walls which are an integral part of a gatehouses and control gates shall be subject to the height limitations for accessory residential structures, not to exceed 30 feet. Eo Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location, as required in Section 2.7 of the LDC. 2.11 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. B. The Lands End Preserve PUD is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards to F:\PUD Documents~Lands End2.doc 1 / 17/2003 2-6 2.12 2.13 ensure a high and consistent level of quality for residential units and related community features and facilities, which include features and facilities such as landscaping, hardscape, waterscaPes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Lands End Preserve PUD except in the Conservation Area. General permitted uses are those uses which generally serve the Developer and residents of the Lands End Preserve PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control smactures. 6. Community and neighborhood parks, recreational facilities. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.10 of this PUD. B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: F:\PUD DocumentsXLands End2.doc 12/10/2002 2-7 2.14 2.15 2.16 Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guardhouses, gatehouses, and access control structures which shall have no reqUired setback. 2. Setback from PUD boundary: See Table 1, Development Standards. 3. Minimum distance between unrelated structures - Ten feet (10'). 4. Maximum height of structures - See Table 1, Development Standards. 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of site development plan approval. OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that mixed-use residential projects maintain open space at a minimum of 30% of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts and buffers as open spaces. These areas, in conjunction with open space areas included within the residential areas, will satisfy the 30% open space requirements of Section 2.6.32 of the LDC for mixed-use developments. NATIVE VEGETATION RETENTION REQUIREMENTS A. Pursuant to Section 3.9.5.5.3 of the LDC, 25% of the viable naturally functioning native vegetation on site shall be retained. SIGNAGE A. GENERAL All signs will be in accordance with Division 2.5 of the Collier County Land Development Code except in the following instances. Two ground or wall entrance signs are allowed at the entrance to each individual residential tract shown on Exhibit "A" and shall be limited in size to 60 square feet each and shall not exceed a height of 6 feet. These signs shall not contain more than the project name 6f the individual tract, the main project name, and the insignia or motto of the project. Said signs are to be located so that they are visible only internal to the Lands End Preserve PUD. F:~PUD Documents\Lands End2.doc 12110/2002 2-8 2.18 Two ground signs fronting on Barefoot Williams Road, one_ north and one south of the main project entrance, shall be allowed in addition to other signage allowed by Division 2.5, of the Land Development Code. Each of these permitted signs shall be limited to 120 square feet in area; supplemented with significant landscaping; contain only the main project name and insignia or motto of the entire development; and be architecturally compatible with landscaped buffer along Barefoot Williams Road and the common architectural theme of the entire project. SIDEWALKS/BIKEPATHS Pursuant to LDC, Section 3.2.8.3.17 and Section 2.4 of the Lands End Preserve PUD, sidewalks/bike paths shall be permitted as follows: An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right-of-way serving the adjacent residential tract. Sidewalks may be located outside platted right-of-way, when located within a separate sidewalk easement. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. F:\PUD Documents\Lands End2.doc 12/23/2002 3-1 SECTION III 3.1 PURPOSE RESIDENTIAL/GOLF The purpose of this Section is to identify permitted uses and development standards for areas within the Lands End Preserve PUD designated on the Master Plan as "R/G", Residential/Golf. 3.2 3.3 MAXIMUM DWELLING UNITS A maximum of 725 approved residential dwelling units may be constructed on lands designated "R/G," Residential/Golf on the PUD Master Plan. For purposes of project density 16 ALF units shall constitute 1 Residential dwelling unit. GENERAL DESCRIPTION Areas designated as "R/G," Residential/Golf on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.13 of the Lands End PUD, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R/G", Residential/Golf is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential/Golf tracts are designed to accommodate internal roadways, open spaces, golf course uses and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Single family attached and detached dwellings, townhomes. Single family patio and zero lot line dwellings. Two-family and duplex dwellings. F:L°UD Documents\Lands End2.doc 12/10/2002 3-2 3.5 4. Multi-family dwellings including mid-rise, coach home and garden apartments. Model homes and model home centers including offices for project administration, construction, sales and marketing. 6. Assisted living facilities (ALF). Recreational facilities such as parks, play grounds, and pedestrian/bikeways. Golf course and golf course related facilities. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in this district, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development and provide essential services. Golf course related accessory uses including but not limited to clubhouses, golf maintenance facilities, restaurant, and driving range. DEVELOPMENT STANDARDS mo Table 1 sets forth the development standards for land uses within the Lands End Preserve PUD Residential/Golf area. The following standards shall be applicable to the proposed ALF. Standards not specified herein shall be those specified in Section 2.26.20 of the LDC in effect as of the date of adoption of this PUD Ordinance. Minimum Lot Size - 5 acres, not to exceed a maximum of 10 acres. Minimum Yard Requirements: Front: 25' Side: 15', except no setback shall be required from any lake easement. Rear: 25', except that no setback shall be required from any lake easement. Floor Area Ratio: .45 FAR. Maximum Height: 3-stories over l-level of parking. Bo Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries, unless otherwise specified. FSPUD Documents~Lands End2doc 12/23/2002 3-3 Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Do During the Platting process, the Developer shall identify the specific housing type intended for each platted tract. F:\PUD Documents\Lands End2.doc 12/10/2002 3-4 TABLE 1 LANDS END PRESERVE PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA SINGLE FAMILY PATIO & ZERO TWO SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE FAMILY/ ATTACHED/ DWELLINGS DUPLEX TOWNHOME Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA Minimum Lot Width ,2 40 35 35 20 NA Front Yard Setback (Principal and Accessory) 20 20 20 20 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard Setback' ~ (Principal) 10 10 10 10 15 Rear Yard Setback (Accessory) '~ 5 5 5 5 5 Side Yard Setback 6 0 or 6'4 0 or 6.4 0 or 6 ,4.~ NA Maximum Height ,5 35 35 35 35 75 over 1 level of parking not to exceed 86' above FEMA elevation Accessory 30 30 30 30 30 Floor Area Minimum (SF) 1200 SF 1200 SF 1200 SF 1200 SF I000 SF Minimum Distance Between Principal Structures NA 5 or 10TM 5 or l0'3'4 15 feet's .5 SBH or 15 feetTM g Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. *l - Setback from lake easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 25' for principal structures and 15' for accessory structures. *2 - Minimum lot width for cul-de-sac lots shall be consistent with the measurement standards established in Division 6.3 of the LDC. *3 - 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 twelve foot (12') yard. Zero foot (fi) yards may be used on either side ora structure provided that the opposite twelve-foot (12') yard is provided. Patios, pools and screen enclosures may encroach into the twelve foot (12') yard and may attach at the common property line. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Department with the application for the first building Perrait. This plan will be used to determine the twelve foot (12') spacing requirement between structures. *4 - Distance between principal structures not inclusive of garages or accessory structures. Where common architectural themes are utilized for a common development tract, distances between principal structures may be reduced subject to fire district approval at the time of site plan review. *5 - No Multi-family building exceeding 35 feet over one level of parking shall be permitted within 200 feet of the westernmost right-of-way line of the Barefoot Williams Road right-of-way. Building height shall be measured as defined in Division 6 of the Land Development Code. F:LPUD Documents~Lands End2doc 1/17/2003 4-1 SECTION IV 4.1 PURPOSE RECREATION CENTER The purpose of this section is to identify permitted uses and development standards for areas within the Lands End Preserve PUD designated on the Master Plan as RC, "Recreation Center." 4.2 4.3 GENERAL DESCRIPTION The approximate acreage of the Recreation Center is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Center/Neighborhood Village Center is designed as a mixed- use area which will accommodate a variety of active recreational and personal services for Lands End Preserve residents and guests. 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: mo Recreational facilities and structures such as pools, fitness facilities, clubhouses, meeting rooms, community buildings, playgrounds, playfields, and tennis courts. Neighborhood Village Center, subject to Section 2.2.20.3.14 of the LDC. A maximum of 3.5 acres or 10,000 square feet of gross building area may be utilized for a variety of convenience commercial and personal service uses including, but not limited to, real estate sales offices, (on-site) restaurants, delicatessen, convenience market, satellite banking, auto washing, postal station, beauty salon, and other permitted uses in accordance with Section 2.2.20.3.14 of the LDC in effect as of the date of adoption of this PUD Ordinance. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this District. F:\PUD DocumentskLands End2.doc 12/23/2002 4-2 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 2. 3. 4. Front Yard: Twenty-five feet (25') Side Yard: Fifteen feet (15'). Rear Yard: Fifteen feet (15'). Setback from a lake or conservation areas for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. Exterior lighting shall be arranged in a manner, which will protect roadways and residential properties from direct glare or unreasonable interference. Co Maximum height of structures - Forty feet (40); except clock towers or similar architectural features, which shall be permitted up to fifty feet (50'). Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). Fo Parking for uses and structures constructed in the Recreation Center: one (1) space per five hundred (500) square feet of building area. No additional parking shall be required for any outdoor recreation use located in the Recreation Center. F2PUD Documents~Lands End2,doc 12/10/2002 5-1 5.1 5.2 5.3 5.4 SECTION V PRESERVE PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Lands End Preserve PUD designated on the Master Plan as "P" Preserve. GENERAL DESCRIPTION Areas designated as "P", Preserve on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. The configuration of these areas may change due to permitting requirements with the SFWMD and USACOE; however, the acreage shall be substantially consistent with that shown on the Master Plan. Actual acreages of preserve areas will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails, shelters. Water management structures, with approval by Collier County Environmental and Engineering Review Sections. DEVELOPMENT STANDARDS A. Minimum Yard Requirements ° From PUD or external development tract boundary: From internal tract boundary: From lake: Fifteen Feet (15') Ten Feet (10') Zero Feet (0') B. Maximum Height of Structures: Twenty-five Feet (25') F:\PUD Documents~Lands End2.doc 12/10/2002 6-I SECTION VI 6.1 GENERAL DEVELOPMENT COMMITMENTS PURPOSE 6.2 6.3 The purpose of this Section is to set forth the development commitments for the Lands End Preserve PUD. PUD MASTER DEVELOPMENT PLAN mo All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable state and local laws, codes and regulations except where specifically noted. Bo The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. ENGINEERING 6.4 Except as noted herein, all project development will Divisions 3.2 and 3.3 of the LDC respectively. UTILITIES occur consistent with mo Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County pursuant to Collier County Ordinance 97-17, except as may be provided in Section 2.6 of this Document. B° Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in .effect at the time construction plans are approved. F:\PUD Documents~Lands End2.doc 12/10/2002 6-2 6.5 Do A hydraulically sized water main and sewage force main shall be extended to the project site via Tower Road and Barefoot Williams Road. All customers connecting to the potable water and sanitary sewer system shall be customers of the County. WATER MANAGEMENT Bo Do Eo Fo Go In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval, and shall be consistent with permits issued by the South Florida Water Management District. The Lands End Preserve conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the PUD Rezone application materials. This project shall be reviewed and approved by the Collier County Stormwater Management Section prior to construction plan approval. Lake sideslopes must conform to the requirements of Section 3.5 of the Land Development Code. This project developer must obtain an Environmental Resource Permit from the South Florida Water Management District prior to Site Development Plan approval. The project developer shall evaluate off-site flows coming onto the property from adjacent properties and analyze them to ensure that there is sufficient capacity in the proposed perimeter bypass swale system without causing flooding or causing adverse surface water conditions to adjacent property owners. This information shall be provided at the time of construction plan review. The PUD amendment, if approved, shall contain a statement to the effect that the perimeter bypass swale system shall be placed within a drainage easement dedicated to Collier County, with no responsibility for maintenance, and that the responsible entity for the Lands End Preserve PUD shall maintain the perimeter bypass swale system free of buildings, fences, trees, shrubs, and any other obstructions to free flow discharge, including dense vegetation. The bypass F:\PUD Documents\Lands End2.doc 12/10/2002 6-3 perimeter swale shall be inspected monthly, between the months of June and November, to ensure the system is capable of working and a permanent record maintained showing, at a minimum, the name of the person performing the inspection, their position of authority for the Lands End Preserve PUD, and the conditions observed. 6.6 ENVIRONMENTAL mo 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 Planning Services Staff. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above-mentioned plan. 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. Do The Lands End PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species on-site. A Habitat Management Plan for those protected species shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. The Developer shall retain a minimum 50' wide strip of existing vegetation along the Barefoot Williams Road frontage until such time that the permanent landscape buffer is constructed. Canopy trees as required by the Land Development Code with the permanent landscape buffer shall be a minimum of 14' in height at the time of planting, and required shrubs shall be a minimum of 36" in height at the time of planting. FSPUD Documents~Lands End2.doc 1 / 17/2003 6-4 6.7 TRANSPORTATION All traffic control devices used must be in accordance with the traffic control standards as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. All traffic speed limit postings must be in accordance with the Speed Zoning Manual as adopted by the Florida Department of Transportation (FDOT), as amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control Law. Co Arterial level street lighting must be provided at all development points of ingress and egress. Said lighting must be in place prior to the issuance of the first permanent certificate of occupancy. External and internal improvements determined by Collier County Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. Eo Road Impact Fees will be paid in accordance with Collier County Ordinance 2001-13, as amended, and will be paid at the time building permits are issued, unless otherwise approved by the Collier County Board of Commissioners. Fo Any and all points of ingress and/or egress as shown on any and all plan submittal(s) are conceptual in nature and subject to change, as determined by Collier County Staff. The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues and roadway capacity problems. Any and all median opening locations must be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code (LDC), as amended. Median access and control will remain under the County's authority. The County reserves the right to modify or close any median opening(s) determined to have an adverse affect on the health, safety and welfare of the public. These include but are not limited to safety concerns, operational circulation issues and roadway capacity problems. Ho Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence of nor lack of a future FSPUD Documents\Lands End2.doc 1/17/2003 6-5 Jo Lo Mo No median opening be the basis for any future cause of action for damages against the County by the Developer(s), its successor(s) in title, or assignee(s). The development will be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated from vehicular traffic areas in accordance with recognized standards and safe practices, as determined by Collier County Staff. The Developer(s) must provide any and all site related transportation improvement(s) including, but not limited to, any and all necessary turn lane(s) improvement(s) at the development entrance(s) prior to the issuance of the first permanent certificate of occupancy. Said improvements are considered site related, and therefore, do not qualify for impact fee credits. When said turn lane improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined to be necessary, right-of-way and/or compensating right-of-way, will be provided in conjunction with said improvement(s), as determined by Collier County Staff. All work within Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. All internal access(es), drive aisles and sidewalk(s) not located within the County fight-of-way will be privately maintained by an entity created by the Developer(s), its successor(s) in title, or assignee(s). If any of the entrances are to be gated, the gates and gatehouse shall be designed and located so as not to cause vehicles to be backed up onto Tower Road or Barefoot Williams Road. This project shall provide a "fair-share" contribution toward the signalization costs of the intersections between U.S. 41 and Barefoot Williams Road, and Tower Road and S.R. 951, when any of these intersections are deemed warranted for a traffic signal. Signal warrants shall be determined by Collier County. Such traffic signals shall be owned, operated and maintained by Collier County. Any negotiations relevant to "fair share" payment(s), or reimbursement(s), from any and all other neighboring developer(s)/property owner(s), that directly benefit from said traffic signal(s), will be determined based upon the percentage of usage/impact. FSPUD Documents~Lands End2.doc 1/I 7/2003 6-6 Concurrent with construction and prior to the issuance of the first permanent residential certificate of occupancy, the Developer shall reconstruct Tower Road and Barefoot Williams Road from S.R. 951 to the northern boundary of the Land End Preserve property on Barefoot Williams Road. The construction shall be a rural type cross-section with 22 foot pavement widths, 2 foot stabilized shoulders, open drainage and an 8 foot wide multi-purpose pathway on one side of the roadway. Po At the time there are 2,000 average daily trips (ADT) on Barefoot Williams Road north of the subject property line to Price Street as determined in the annual PUD monitoring report at a point approximately 500 feet south of Price Street, this section of Barefoot Williams Road shall be improved. This improvement shall increase the pavement width to 22 feet, construct 2 foot stabilized shoulders, resurface the pavement with ~ -inch type S-3 asphalt, restripe the new surface and construct an 8 foot wide multi-purpose pathway on one side of the roadway to match the previously constructed 8 foot wide multipurpose pathway on Barefoot Williams Road. At the time there are 900 average daily trips (ADT) on Price Street from the existing entrance to the Shops at Eagle Creek Shopping Center to Barefoot Williams Road as determined in the annual PUD monitoring report at a point approximately 500 feet east of Barefoot Williams Road or a maximum of 400 dwelling units constructed within the Lands End Preserve PUD, whichever occurs earlier, this roadway section of Price Street shall be improved by increasing the pavement width to 22 feet, providing 2 foot stabilized shoulders, and adding 5 foot bike lanes on each side. F:\PUD DoeumentsK,ands End2.doc 1/17/2003 Ill Il STATE OF FLORIDA) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-04 Which was adopted by the Board of County Commissioners on the 14th day of January, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 21st day of January, 2003. DWIGHT E. BROC~"5?,~, ;C~' ',. Clerk of Coum~ ~ni:l .C!~.k Ex-officio :. T.; County Comm~'gl~ners~ ~ ~ ' By: Patr~c ~a'..L Y~an Deputy