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Ordinance 2003-20ORDINANCE NO. 03- 2 0 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 0604N AND 0604S . BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE TWELVE LAKES PUD FOR PROPERTY LOCATED IN SECTION 4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 262.33+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 87-4, AS AMENDED, THE FORMER TWELVE LAKES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Anita L. Jenkins, of WilsonMiller, Inc., and Donald A. Pickworth, P.A., representing Land Trust #5222, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED BY the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 4, Township 50 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 a part hereof. The Official Zoning Atlas Maps numbered 0604N, and 0604S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 87-4, as amended, known as the Twelve Lakes PUD, adopted on February 10, 1987 by the Board of County Commissioners of Collier County is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this i~ day of /'~tt~ ,2003. ATTEST: DWIGHT E. BROCK, Clerk "::'L,.egal- .s, uffiCiency ...~, %.- Mmjorie ~H. Student Assistant County Attorney PUDA-2002-AR-2240/RB/Io BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: TOM HENNIN , This ordinance filed with the Secretary of State's Office the ZO~day of ~ I and acknowledgement of that filing received,~? 2l~&, day - c~c~rk ~ ' EXHIBIT A TVVELVE LAKES PLANNED UNIT DEVELOPMENT DOCUMENT Prepared by: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, FL 34105 Date Filed: Date Approved by CAPC: Date Approved by BCC: Ordinance Number: Amended Ordinance Number: Date Amendment Filed: Date Approved by CCPC' Date Approved by BCC Ordinance Number 4-01-86 12-18-86 2-10-87 87-4 98-50 3-4-O2 4-3-03 5-].3-03 -~3-20 INDEX STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION Ill SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION .................................................. 2 PROJECT DEVELOPMENT .................................................................................... 4 RESIDENTIAL DISTRICT ...................................................................................... 14 COMMERCIAL DISTRICT ..................................................................................... 17 PRESERVATION AREA DISTRICT ...................................................................... 19 GENERAL DEVELOPMENT COMMITMENTS .................................................... 20 EXHIBIT A TWELVE LAKES MASTER PLAN (WilsonMiller File No. D-03519-08) 5/~/2003-103024 Vet: 05A- AJe~ldnl 03519-001-004- PPUD- 22919 STATEMENT OF COMPLIANCE Development of Twelve Lakes as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan (GMP). The project's residential, commercial and associated recreational facilities will be consistent with the growth policies and land development regulations of the GMP Future Land Use Element and other applicable regulations for the following reasons: The Twelve Lakes development (Ordinance 87-4) was zoned to PUD pdor to adoption of the GMP (January 10, 1989), and was found to be consistent through the zoning reevaluation program; and therefore is found to be consistent with the GMP as provided for in Policy 5.1. of the Future Land Use Element (FLUE). The development will be compatible with and complimentary to the surrounding land uses as required in Policy 5.4 of the FLUE. All project improvements will be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The Master Development Plan insures a generous amount of common open space and flexibility in design to insure a quality living environment for residents of the development as set forth in the Collier County Land Development Code (LDC), Planned Unit Development District. ./ 1.1 PURPOSE SECTION I PROPERTY OVVNERSHIP AND DESCRIPTION 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 to be developed under the project name of the TWELVE LAKES PUD. 1.2 LEGAL DESCRIPTION The subject property is 262.3 acres in area. It is described as: That portion of the east 1/2 of Section 4, Township 50 S, Range 26 E, Collier County, Florida, located north of the right-of-way for Davis Boulevard and south of the right-of-way for Radio Road. 1.3 PROPERTY OWNERSHIP Title to the subject property is currently in Land Trust # 5222, held by The National Trust Company, P.O. Box 1857, Naples, Florida 33939-1857. The land trust constitutes a unified ownership vehicle. Decisions regarding trust management are made by a single trustee in accord with management guidelines approved by a majority of the trust beneficiaries. 1.4 GENERAL DESCRIPTION OFPROPERTYAREA The 262.3-acre tract, bounded on the north by Radio Road and on the south by Davis Boulevard, lies one mile west of the Davis Boulevard/Collier Boulevard intersection. Bo The project site is generally bordered on the west by residentially zoned property; on the north by Radio Road; on the east by residentially zoned property; and on the south by Davis Boulevard. The property at the time of PUD to PUD rezone application was zoned PUD. The property is relatively fiat, ranging in elevation from just under 12 feet to 9 5 feet a " · ' bove mean sea level. Lands lower than 10 feet ~n elevation are generally wetland, vegetated primarily with scattered cypress and associated wetland plants. All other lands are generally vegetated with pine and associated upland plants. The largest wetland area lies in the southeasterly portion of the property and abuts Davis Boulevard. Eo Soil types on the property include Boca fine sand and Pineda fine sand, and limestone substratum. The wetland areas occur in such shallow depressions and have such a short hydroperiod that cypress swamp soils have not formed. The project is located in the Lely Outfall Canal (Water Management District 6) as depicted within the Collier County Drainage Atlas (January 2002). 1.5 DEVELOPMENT OF REGIONAL IMPACT The Twelve Lakes DRI Development Order Resolution 87-1, as amended, has expired. Subsequent to the adoption of Resolution 87-1, the residential thresholds applicable to 5/8/2~O3-103024 Vet: 0SA- AJenldnl 03519-001-004- PPUD- 22919 Collier County have increased such that the residential development authorized by this PUD is no longer required to undergo DRI review. No development under this PUD shall be permitted until the Development Order has been abandoned pursuant to Rule 9J- 2.0251, Florida Administrative Code, or a new development order has been adopted, at the election of the owner. 03519-001-004- PPUD- 22919 2.1 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the project development plan for the Twelve Lakes PUD and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Twelve Lakes PUD may include a range of single family and multi-family housing along with a commercial center, which will provide many services and facilities that support its residents Bo The Master Plan is illustrated graphically on Exhibit "A" (WM, Inc. File No. D-03519-2). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, acreage, and configuration of individual tracts shall be determined at the time of preliminary subdivision plat approval with minor adjustments at the time of final plat approval. 2.3 COMPLIANCE WITH COUNTY ORDIANCES From and after the adoption of this PUD Ordinance, all project development shall be in accordance with the development regulations set forth in this Document and any other applicable provisions of the LDC, the GMP and other ordinances of the County. The PUD document is the prevailing ordinance governing the zoning and development of the property. In the event of a conflict between the development regulations contained in this PUD and other ordinances of general application, including the LDC, the provisions of this PUD Ordinance shall prevail. Should the PUD Ordinance be silent on a particular matter, the LDC or other ordinances of general application in effect at that time shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. 2.4 MAXIMUM PROJECT DENSITY No more than 1,000 residential units shall be constructed within the Twelve Lakes project. Development of all 1,000 dwelling units results in a gross project density of approximately 3.8 units per acre. 2.5 SITE DEVELOPMENT PLAN APPROVAL REQUIRED Division 3.3, Site Development Plans, of the LDC (Article 3, Division 3.3) shall apply to the' Twelve Lakes PUD, except where an exemption is set forth herein or is otherwise granted pursuant to Section 3.3.4 of the LDC. 2.6 RECORD PLAT APPROVAL REQUIREMENTS The Subdivision Division of the LDC (Article 3, Division 3.2) shall apply to the Twelve Lakes PUD, except where an exemption is set forth herein or is otherwise ~lranted pursuant to Section 3.2.4 of the LDC. 5/a/2003-103024 Ver: 0SA- A Jenkins 03519-001-004- PPUD- 22919 2.7 DEVELOPMENT PHASE SEQUENCF Ao 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. Following submittal, review, and approval of the first phase Final Subdivision Plat, clearing and filling for the entire site for the following land use types shall be permitted: Rights-of-way (public and private) Surface water management berms Surface water management lakes Following submittal, review, and approval of the first phase final subdivision plat, excavation and blasting shall be permitted for the construction of all of the surface water management lakes and infrastructure. 2.8 .LAKES, DETENTION AREAS AND EXCAVATION Water management facilities shall be constructed to the size and depth required to meet water quality needs and to be consistent with the requirements of Division 3.5, Excavation, of the LDC and South Florida Water Management District (SFWMD). An excavation permit will be required for the construction of the proposed lakes in accordance with Division 3.5 of the LDC. Upon receipt of a development excavation permit, all lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 of the LDC, however removal of fill and rock from the Twelve Lakes PUD shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. Off-site hauling of rock and fill material shall be a permitted use within this PUD subject to the receipt of a development excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. The finished side slopes of the excavated lakes, expressed as the ratio of the horizontal distance in feet to one foot of vertical elevation change, shall be constructed at a slope of four to one (or flatter) from the existing grade to a breakpoint at least six feet below the control elevation. Below this breakpoint slopes shall be constructed at a slope of two to one or flatter. 2.9 COMMUNITY DEVELOPMENT DISTRICT The developer may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Twelve Lakes PUD. Such a CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure will be managed and financed by such a CDD. The construction of this infrastructure shall be subject to, and shall not be inconsistent with, the GMP and all applicable ordinances dealing With planning and permitting of the Twelve Lakes Development. 5/8/2003-103024 Vet: 05A- A Jenkins CA~43 03519-001-004- PPUD- 22919 6 2.10 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or accepted by this PUD or approved during preliminary subdivision plat review. 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, other access controls, signs and monuments as may be deemed appropriate by the developer on all privately owned and maintained project roadways. Roadways within the Twelve Lakes PUD shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: LDC Section 3.2.8.4.16.5. - Street right-of-way width: The minimum right-of- way width to be utilized for a local street within Twelve Lakes shall be forty- feet (40'). 2.11 USE OF RIGHTS-OF-WAY 2.12 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 Collier County Planning Services Director for engineering and safety considerations during the development review process and prior to any installations of such amenities. MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES CONSTRUCTION OFFICES A temporary use permit shall be granted initially for a period not to exceed 48 months in length pursuant to the requirements of Section 2.6.33.3. of the LDC. The Planning Services Director may extend the duration of the temporary use permit for a time period that terminates upon the date of the issuance of the last certificate of occupancy for the project. Construction offices may use septic tanks or holding tanks for waste disposal subject to permitting under Pule 64E06, F.A.C. and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. MODEL HOMES, SALES CENTERS AND SALES OFFICES Model homes, sales centers, and sales offices shall be permitted principal uses throughout the Twelve Lakes PUD. Model homes shall be "wet" or "dry" facilities. a) "Wet" facilities may be used as a sales office and/or by the developers/builders representative. b) "Dry" facilities shall not be used as a sales office nor by the developer's representative. 5/0/'2003-103024 Vet: 05A- AJenldns CA~43 03519-001-004- PPUD- 229! 9 c) The sales center shall provide the required parking and handicapped accommodations in accordance with Section 2.6.33.4.1.11. of the LDC. Temporary use permits for model sales centers and sales offices that are located in permanent structures, other than dwelling units and dry model homes, shall not be required. Temporary use permits for (a) model sales centers, (b) sales offices located either in permanent structures within a dwelling unit or in a temporary structure, (c) sales offices located in multi-family structures, and (d) wet model homes shall be required. a) The temporary use permit shall be issued initially for a period of four (4) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4 of the LDC, except where the model sales center, sales office or wet model homes are located within a "model home row", in which case the Planning Services Director may extend the temporary use permit for a time period equal to three (3) months after 100% of the Twelve Lakes PUD units are sold. A model sales center or sales office shall require an approved site plan as follows: in the case of a permanent structure which is a dwelling unit, a conceptual site plan (CSP) which meets the requirements of Section 2.6.33.4.1.11 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a site development plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a CSP which addresses the requirements of section 2.6.33.4.1.11. of the LDC, or an SDP, depending on the extent of the work required. A maximum of ten (10) model homes shall be permitted within this development prior to final plat approval. Model homes to be located within a proposed single-family development may be approved following administrative approval of the plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to Division 3.2. of the LDC. Temporary use permits for units used for sales centers in multi-family projectCs will not be issued prior to final plat recordation or prior to final approval of the project site development plan. Unoccupied dry model homes will be permitted only in conjunction with an approved site development plan for a model sales center, which provides adequate parking to support the model(s). Temporary use permits for occupied wet model homes shall require a conceptual site plan, which addresses the requirements of Section 2.6.33.4.1.11. of the LDC. Model homes, sales centers, and sales offices may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, F.A.C. and may use potable or irrigation wells prior to the availability of central utility systems at which time connection to the central system shall be made. 2.13 2.14 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the developer in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Twelve Lakes Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the GMP and the Twelve Lakes PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration or relocation of lakes, ponds, canals, preserve areas or other water management facilities where such changes are consistent with the criteda of the South Florida Water Management District. 2. Internal realignment of rights-of-ways. 3. Relocation of access points to Davis Boulevard or Radio Road, if required by Collier County. 4. Reconfiguration, relocation or change in acreage of parcels, when there is no decrease in preservation area, or increase in commercial area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that s~id changes and refinements are otherwise in compliance with all applicable County ordinances and regulations pdor to the Community Development and Environmental Services Administrator's consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and pdor to any application for subdivision or SDP approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. ..COMMON AREA MAINTENANCF Most common area maintenance will be provided by a CDD or a property (~wners' association. For those areas not maintained by a CDD, the developer shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property 9 2.15 owners' association, as applicable, shall be responsible .for the operation, maintenance, and management of the surface water management systems and preserves serving the Twelve Lakes PUD, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Twelve Lakes PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3:1 Co Eo 2. Ground covered berms 2:1 3. Rip-Rap berms 1:1 4. Structural walled berms - vertical Fence or wall maximum height: Ten feet (10') as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure, the wall shall not exceed eight feet (8') in height from the top of berm elevation. Upon submission of a typical cross-section, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Twelve Lakes PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement on final plats, or identified in a separate, recorded instrument. Fences or walls may be placed zero feet (0') from the internal right-of-way provided that shrubs are provided in the right-of-way pursuant to Section 2.11 of this PUD Document and may be located five feet (5') from the project perimeter. Fences and walls, which are an integral part of security and access, control structures such as gatehouses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights-of- way adjoining two or more different districts, the more restrictive height standard shall apply. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers. Landscape berms located within the Twelve Lakes PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-way line. Perimeter buffers shall meet the LDC requirements in effect at the time of SDP or PSP review. 5/~/'Z003-103024 Ver: 05A- AJenkinl 03519-001-004- PPUD- 22919 10 2.16 I. Internal recreational and community facilities do not require perimeter buffers. GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Twelve Lakes PUD except in the Preservation Area, unless otherwise provided for in Section V of this PUD Document. General permitted uses are those uses which generally serve the developer and residents of the Twelve Lakes PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under Section 2.6.9.1 of the LDC. Water management facilities and related structures. 3. Temporary sewage treatment facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, trails and recreational facilities. Temporary construction, sales, and administrative offices for the developer and the developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape/hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in this PUD. Fill storage, site filling and grading subject to the standards set forth in this PUD Document. 10. Any other accessory use which is comparable in nature with the foregoing uses and which is approved through the process set forth in the LDC. · Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures associated with General Permitted Uses: Guardhouses, gatehouses, signage and landscape features, and access control. structures shall have no required setback. 2. Setback from property lines: a) Front: ten feet (10') b) Side: five feet (5') c) Rear: ten feet (10') Minimum distance between structures, which are part of an architecturally unified grouping - five feet (5'). 11 2.17 2.18 2.19 4. Minimum distance between unrelated structures - ten feet (10').' Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the LDC provision in effect at the time of SDP or PSP review. OPEN SPACE REQUIREMENTS The preserve area, lakes, open space, and buffer designations, in conjunction with open space areas included within the Residential District, shall fully satisfy the open space requirements of the LDC. NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site shall satisfy the requirements the Conservation and Coastal Management Element of the GMP. There may be some adjustments to the proposed preserve areas dudng SFWMD and federal permitting. SIGNAGE A. General All Collier County sign regulations in force at the time of building permit approval shall apply unless such regulations are in conflict with the regulations set forth in this Section, in which case the PUD Document shall govern. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign permitted herein. Should any of the signs be requested to be placed within a County dedicated right-of-way, a right-of way permit must be applied for and approved. All signs shall be located so as not to cause sight line obstructions. All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Director for consistency with the requirements set forth herein. '~ 5. Signs may be allowed in landscape buffers. Boundary Markers One boundary marker or monument may be located at each property corner. The boundary marker may contain the name of the community and the insignia or motto of the development. The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two- sided, each sign face may not exceed 80 square feet in area. Sign face area is calculated by the total square footage occupied by the name, insignia, and motto only. 12 Do The setback for the signs from Davis Boulevard or Radio Road rights-of-way and any perimeter property line shall be 5 feet. Project Entrance Signs Three ground or wall-mounted entrance signs maybe located on each side of the entrance right-of-way and in the entry median. Such signs may contain the name of the community, and the insignia or motto of the development. No sign face area may exceed 100 square feet and the total sign face area of an entrance sign may not exceed 200 square feet. If the sign is a two-sided sign, each sign face may not exceed 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. The setback for the signs from Davis Boulevard or Radio Road rights-of-way and any perimeter property line shall be 5 feet. Entrance signs may not exceed a height of 15 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. Temporary Signs Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. Each sign may not exceed 160 square feet in area. If the sign is two-sided, each sign face may not exceed 160 square feet in area. The setback for temporary signs from Davis Boulevard or Radio Road rights- of-way and any perimeter property line shall be 5 feet. Temporary signs may not exceed 15 feet in height above the finished ground level of the sign site. ~' Temporary signs may remain in place simultaneously with permanent signage until the project reaches 60% build-out. Special event signs, not exceeding 32 square feet per side in size, may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. Grand opening signs: the developer may display on-site grand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs as listed above. 5/8/2003- 103024 Var: 0SA- A Jenkins CAI43 03519-001-004- PPUD* 22919 13 Eo Go Construction Entrance Signs Two "construction ahead" signs may be located at appropriate distances ahead from a construction entrance with a maximum of 20 square feet each in size. No building permit is required. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required Internal Signs Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road rights-of-way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, clubhouse, recreational areas and other features within the Twelve Lakes PUD. Individual signs may be a maximum of 100 square feet per sign face area. Such signs shall be a maximum height of 12 feet. No building permit is required. Directional or identification signs may be allowed internal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet. VVildlife crossing signs may be located within public rights-of-way in accordance with the South Florida Water Management District and Army Corps of Engineers permit requirements. Setbacks from road rights-of-way may be zero feet (0'). Individual signs may be a maximum of 6 square feet per side. VVildlife identification signs may be located within the Preserve District in accordance with the South Florida Water Management District and Army Corps of Engineers permit re, gluirements. Individual signs may be a maximum of 6 square feet per side. No building permit is required. The developer may locate real estate signs with a maximum size of 6 square feet per side in residential districts. No building permit is required. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 5/W2003-103024 Ver: 05A- 03519-001-004- PPUD- 22g~9 14 SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify the permitted uses and development standards for areas within the Twelve Lakes PUD designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS The number of dwelling units to be built pursuant to this PUD will not exceed 1,000 units. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part for other than the following: A. Principal Uses: 1. General permitted uses as defined in Section 2.16 2. Single family detached dwellings 3. Single family attached dwellings 4. Single family zero lot line dwellings 5. Multiple family dwellings 6. Group housing and cluster housing 7. Churches and other places of worship when located adjacent to and accessed directly from the proposed public road subject to the provisions of LDC Division 3.3, Site Development Plans and subject to the multi-family development standards set forth in Table 1. 8. Child care centers. B. Accessory Uses: 1. Accessory uses and structures customary in single and multiple family residential projects, including recreational buildings, equipment, and associated facilities. 2. At the option of the Collier County Supervisor of Elections, any community recreation building within the project may be utilized as a polling place during ' general or special elections. 3. Any other accessory use, which is comparable in nature with the foregoing, uses and is approved through the process set forth in the LDC. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Residential District. 518~2003.103024 Vet: 0SA- AJer~kiml 03519-001-004- PPi.rD- 22919 15 Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, shall be in accordance with the LDC in effect at the time of SDP approval or preliminary subdivision plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table I shall be established during SDP approval as set forth in Article 3, Division 3.3. of the LDC in accordance with those standards of the zoning district which is most similar to the district in which proposed use is located. 3.5 GROUP HOUSING AND CLUSTER HOUSING: Upon approval of a SDP, the Planning Services Director may permit group housing and cluster housing projects with a common architectural theme to vary from the conventionally required minimum lot area, minimum lot width and minimum yard requirement standards. Prior to approval of a group housing or a cluster housing site development plan, the Planning Services Director shall insure that the project is appropriate for and compatible with the surrounding area, and that the intent of the PUD standards are complied with. 5/6/2003-103024 Ver: 05A- A Jenkins 03519-001-004- PPUD* 22910 16 TABLE I DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY PATIO & ZERO TWO FAMILY SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX & ATTACHED AND DVVELLINGS DUPLEX TOWNHOUSE Minimum Lot Area 7,500 SF 5,000 SF 3,500 SF *4 3,000 SF NA Minimum Lot Width *5 75 50 35 30 NA Front Yard Setback(Principal and Accessory) 20 15'3 15'3 15*3 20 Front Yard for Side Entry Garage 10 10 10 10 10 Rear Yard Setback*7(Principal) 10 5*8 10 10 .5 BH Rear Yard Setback*l(Accessory) 5 5 5 5 10 Side Yard Setback 7.5 0*6 0 or 7.5 0 or .5 BH .5 BH Maximum Height *2 35 35 35 35 50 Floor Area Minimum (SF) 1500 SF 1250 SF 1250 SF 1200 SF 1000 SF Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department dudng an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Flag lot shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within I foot of the right-of-way line. With approval from the developer, front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). '1 -Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment such as a bulkhead or retaining wall is incorporated into design and subject to written approval from the developer. *2 -Building height shall be measured per the LDC. *3 - Units with side entry garage may have a 10 foot front yard setback. Units with front entry garage must have a minimum 15 foot front yard setback. *4 - Each haft of a duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. *5- Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *6 -Zero foot (0') minimum side setback on either or both sides as long as a minimum 10-foot separation between principal structures is maintaineo~. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separation and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the first building permit. This conceptual exhibit will be used to determine the 1 O-foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. *7 W~th written approval from the developer, the setback from the twenty-foot (20') lake maintenance easement for principal structures may be zero feet (0') with a minimum twenty feet (20') from the waters edge. *8 Setback from lakes may be 0 feet providing architectural bank treatment, such as bulkhead or retaining wall, is incorporated into design and subject to written approval from the developer. - 17 4.1 PURPOSE SECTION IV COMMERCIAL DISTRICT The purpose of this Section is to identify permitted uses and development standards for areas within the Twelve Lakes PUD designated on the Master Plan as "C." 4.2 MAXIMUM SQUARE FOOTAGE A maximum of 112,500 square feet gross of floor area for commercial and/or office uses may be constructed on land designated on the Master Plan as "C". 4.3 USES PERMITTED 4.4 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: A neighborhood shopping center, which may include a supermarket as its major tenant. The shopping center may also include a drugstore and smaller retail shops which offer a variety of consumer goods, financial institutions; offices, clinics, personal service establishments, laundry and dry cleaning, and post office. Bo 2. Professional and/or medical office complex. 3. All permitted and accessory uses of the Residential District. Accessory Uses: 1. Customary accessory uses and structures. DEVELOPMENT STANDARDS FOR COMMERCIAL USES A. Perimeter Setbacks Co That portion of the site which,abuts a street right-of-way or commercially zoned land: 35 feet to the nearest principal structure That portion of the site which abuts residentially zoned lands: 50 feet to the nearest principal structure. Maximum Height: 35 feet measured from FEMA, or 18" above the crown of the nearest right-of-way. Required Landscape Buffer Area: As required by the Collier County LDC in effect at the time of SDP application. Landscape buffers shall be permitted within the perimeter setback. Merchandise Storage and Display: There shall be no outside storage or display of merchandise. Development Plan Approval: Prior to development of all or any Portion of the commercial site, site development plan approval shall be obtained, and entry/exit 18 drives which connect the commercial area to external streets shall be approved by the County Transportation Services Department. One access drive shall connect to the Twelve Lakes PUD entrance drive. An additional access drive connecting to Davis Boulevard may be approved, but may be limited in nature (i.e. right turn in, right turn out) for traffic safety reasons. 4.5 DEVELOPMENT STANDARDS FOR RESIDENTIAL USES Development standards as set forth in Section III, Residential District of this PUD shall apply to residential uses within the Commercial District. 0351g-001~-004- PPUD- 22919 19 5.1 PURPOSE SECTION V PRESERVATION AREA DISTRICT The purpose of this Section is to identify permitted uses and development standards for the area within the Twelve Lakes PUD designated on the Master Plan, as "P" Preservation Area. 5.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures Boardwalks and nature trails (elevated and at grade), and gazebos. Water management structures. Temporary construction access road, vegetation restoration shall follow the use of the construction access road. 4. Utility or roadway crossings. 5. Wildlife signs per Section 2.19 of this PUD document. Any other use, which is comparable in nature with the foregoing uses and is approved through the process set forth in the LDC. 5.4 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. The developer, its successors or assigns, or the Twelve Lakes CDD shall be responsible for the control and maintenance of lands within the Preservation Area. 2O 6.1 6.2 SECTION VI GENERAL DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the general development commitments of the developer within the Twelve Lakes PUD. GENERAL All facilities shall be constructed in accordance with final site development plans, final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this Document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the LDC relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the Master Plan and the regulations of the PUD Document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. 6.3 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the LDC. 6.4 ENVIRONMENTAL This PUD shall be consistent with the Environmental Sections of the GMP Conservation and Coastal Management Element and the LDC in effect at the time of final development order approval. Bo This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (FWS) and the Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on site. A Habitat Management Plan for those protect species shall be submitted to Planning Services Staff for review and approval prior to final site plan/construction plan approval. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statues. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the LDC. Conservation easements shall be dedicated on the plat to the project's homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. Buffers shall be provided around wetlands, extending at least fifteen il 5) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida 21 Environmental Resources Permit Rules and be subject to review and approval by Planning Services 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 Planning Services Staff for review and approval prior to final plat/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Planning Services Staff. A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of final construction plan submittal. The conditions of such approval shall be added to the construction plans. Off-site relocation may be required if the applicant cannot provide adequate habitat for on-site relocation. 6.5 TRANSPORTATION All traffic control devices used must be in accordance with the standards 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 Transportation Staff to be essential to the safe ingress and egress to the development will not be considered for impact fee credits. All such improvements will be in place prior to the issuance of the first Certificate of Oecupancy. Eo Road impact fees will be paid in accordance with the appropriate ordinances, as amended, unless otherwise approved by the Collier County Board of Commissioners. 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 Transportation Staff. The County reserves the right to modify or close any ingress and/or egress location(s) determined to have an adverse effect on the health, safety and welfare of the public. This includes but is 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 the 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 effect 5/8/2003-103024 Ver: 0SA- ,'~Jenkin~ CA143 03519-001-004- PPUD- 22919 22 Ho Lo No on the health, safety and welfare of the public. This includes but is not limited to safety concerns, operational circulation issues, and roadway capacity problems. Po Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence, or lack of, a future 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 in accordance with recognized standards and safe practices, as determined by Collier County Transportation Staff. The developer(s) will be responsible for the cost of any and all traffic signal(s), at any and all development entrance(s), when determined warranted and approved by Collier County. When warranted, upon the completion of the installation, inspection, burn-in period, and final approval/acceptance of any and all traffic signal(s), said traffic signal(s) will be turned over (for ownership) to Collier County, and will then be operated and maintained by the Collier County Transportation Operations Department. 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 percentage of usage/impact. The developer(s) shall 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 Transportation Staff. All work within the Collier County right-of-way will meet the requirements of Collier County Ordinance No. 93-64. ,~ All internal access(es), drive aisles, sidewalk(s) not located within the County right- of-way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). Joint/shared access(es) may be required by Collier County Transportation Staff as a' condition of site development plan approval. Frontage, midpoint and/or backside interconnection(s) may be required by Collier County Transportation Staff as a condition of site development plan approval. Prior to development of any and all portion(s) of the development(s), SDP approval must be obtained/received from the Collier County Transportation Services Division. 23 Q. The main north-south 2-lane collector road through the project shall be designed and constructed to County standards and shall be dedicated to the public. Other local intersecting streets that provide access into project neighborhoods may be public or private roadways. Private local roads may have gate/gatehouse controlled ingress and egress. 6.6 UTILITIES Ao Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within the platted rights-of-way or within dedicated county utility easements, shall be conveyed to Collier County, pursuant to Collier County Ordinance 01-57, as amended. 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. Co All customers connecting to the potable water and sanitary sewer system shall be customers of the County. The project's water distribution system will be connected to the County's existing 12- inch water main located on the south side of Radio Road and extended throughout the project, and connected to the County's existing 16-inch water main located on the south side of the Davis Boulevard right-of-way. Eo The project's sewage transmission system shall be connected to the County's existing 14-inch sanitary force main located on the north side of the Davis Boulevard right-of-way. 6.7 WATER MANAGEMENT Ao The site drainage and grading information shall be submitted to the County in accordance with the requirements of Division 3.2 and Division 3.3 of the LDC. Bo An excavation permit will be requi~d for the construction of the proposed lakes in accordance with Division 3.5 of the LDC, except as otherwise provided herein. Co In accordance with SFWMD Rules, this project shall be designed for a storm event of a 3-day duration and a 25-year return frequency. At the time of construction plans review, the developer shall verify that the peak storm stages at the site do not cause adverse off-site impacts to neighboring developments. Eo The Lely Area Stormwater Improvement Program identifies the ultimate outlet for the Twelve Lakes development as being at the southwestern corner of the property. The construction plans shall identify any necessary provisions required to direct flow from Basin OFF1 toward the ultimate outlet at the southwestern property corner. All existing or proposed easements for Collier County stormwa{er infrastructure shall be maintained free of landscaping or other obstacles which would impede maintenance crews and equipment from gaining adequate access to the stormwater 24 i nfrastructu re. Stormwater runoff from the developed portions of the site will be discharged to the preserved areas of the site. The runoff will then travel across the existing ground surface of the preserve areas (generally in a southwesterly direction) to the existing Davis Boulevard Right-of-Way. Upon reaching the Davis Boulevard Right-of-Way the flows will be conveyed in a westerly direction to the southwestern corner of the property where it will enter the stormwater facility improvements identified in the Lely Area Stormwater Improvement Program. The flows will ultimately be conveyed to the County maintained canal along the northern side of Davis Boulevard. 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: ORDINANCE NO. 2003-20 Which was adopted by the Board of County Commissioners on the 13th day of May, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day Of May, 2003. DWIGHT E. BROCK:- ' Clerk of Courts and -Clerk Ex-officio to Board of ... County Commis s ion'~r~s · By: Marie Clos, Deputy Clerk