Ordinance 2003-46 ORDINANCE NO. 03 - 4 6
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102:
THE COLLIER COUNTY LAND DEVELOPMENT CODE WHIC~
INCLUDES THE COMPREHENSIVE ZONING REGULATIONSi.
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,:
FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP:
NUMBERED 1603S AND BY CHANGING THE ZONINO..
CLASSIFICATION OF THE HEREIN DESCRIBED REAL..'
PROPERTY FROM "RSF-3" AND "PUD" TO "PUD" PLANNEd;iv.
UNIT DEVELOPMENT KNOWN AS ARTESA POINTE PUD FOR~:.
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PROPERTY LOCATED ON THE EAST SIDE OF COLLIE~.~n
BOULEVARD (CR-951) AND THE SOUTH SIDE OF U.S. 41
(TAMIAMI TRAIL) EAST, IN SECTION 03, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 82+ ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 02-15, THE HENDERSON CREEK PUD;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wayne Arnold, AICP, of Q. Grady Minor and Associates, representing Gateway
Shoppes II, LLC, petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 3, Township
51 South, Range 26 East, Collier County, Florida, is chhnged from "RSF-3" and "PUD" to "PUD"
Planned Unit Development in accordance with the Artesa Pointe PUD Document, attached hereto as
Exhibit "A", which is incorporated by reference herein and by reference made part hereof.. The
Official Zoning Atlas Map numbered 1603S, as described in Ordinance Number 91-102, and the
Collier County Land Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 02-15, known as the Henderson Creek PUD, adopted on March 26,
2002, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~ day of ~~[~- , 2003.
ATT,~ST: ,
,<~)W[G'~-IT-'E:: ~I~OCK, CLERI~
::and L~gal Sufficiency
Ua~or~3M. Siudent
Assistant Coun~ A~omey
UDZ-2003-AR-3860/RB/Io
BOARD OF COUNTY COMMISSIONERS
~%1i ~dlnance filed with the
and acknowledgemen~ that
filinc3 received this~---~------ day
-2-
Artesa Pointe
A
PLANNED UNIT DEVELOPMENT
82_+ Acres Located in Section 3,
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
Gateway Shoppes II, LLC
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"
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TABLE OF CONTENTS
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION II
SECTION Ill
SECTION IV
SECTION V
SECTION VI
EXHIBIT A
EXHIBIT B
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL
COMMERCIAL
PRESERVE/OPEN SPACE
GENERAL DEVELOPMENT COMMITMENTS
PUD MASTER PLAN
BERM/WALL CROSS-SECTION
PAGE
111
1-1
2-1
3-1
4-1
5-1
6.1
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STATEMENT OF COMPLIANCE
o
The purpose of this Section is to express the intent of Gateway Shoppes, LLC, hereinafter referred
to as the Developer, to create a Planned Unit Development (PUD) on 82_-~ acres of land located in
Section 3, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned
Unit Development shall be Artesa Pointe. The development of Artesa Pointe will be in compliance
with the planning goals and objectives of Collier County as set forth in the Growth Management
Plan (GMP). The development will be consistent with the growth policies and land development
regulations adopted pursuant to of the Growth Management Plan, Future Land Use Element
(FLUE) and other applicable regulations for the following reasons:
The subject property is located in the Henderson Creek Mixed-Use Subdistrict as identified
on the Future Land Use Map. The Subdistrict provides for a maximum of 360 residential
dwellings and 325,000 square feet of commercial development. A minimum of 200
dwelling units shall be developed as affordable housing units.
The proposed residential density of the Artesa Pointe PUD is 5.96 dwelling units per acre
based on approximately 47 acres of non-commercial area, and approximately 8.5 dwelling
units/acre based on 33+ acres of residential uses, 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 property qualifies for a base density of three (3) units per acre.
Through the affordable housing density bonus provisions of the GMP, eight (8) dwelling
units per acre may be added to the base density.
Base density
Traffic congestion area
Affordable housing density bonus
Total eligible density
Maximum permitted density
Requested density
4 dwelling units/acre
-1 dwelling unit/acre
5.5 dwelling units/acre
8.5 dwelling units/acre (280 units)
11 dwelling units/acre
5.96 dwelling units/acre = 280 units
The maximum amount of permitted commercial space shall be 325,000 square feet of gross
leasable area.
Improvements are planned to be in compliance with the applicable land development
regulations as set forth in Objective 3 of the FLUE.
The development of the Artesa Pointe PUD will result in an efficient and economical
extension of community facilities and services as required in Policy 3.1. of the FLUE.
The Artesa Pointe PUD is a master planned mixed-use community and is planned to
encourage ingenuity, innovation and imagination as set forth in the Land Development
Code (LDC), Planned Unit Development District.
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The Artesa Pointe 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 of the GMP.
All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, Division 3.15 of the LDC.
The Artesa Pointe PUD is consistent with the Henderson Creek Mixed Use Subdistrict of
the FLUE.
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SHORT TITLE
This Ordinance shall be known and cited as the "ARTESA POINTE PLANNED UNIT
DEVELOPMENT ORDINANCE".
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of the Artesa
Pointe PUD, and to describe the existing conditions of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
A parcel of land located in Section 3, Township 51 South, Range 26 East, Collier County,
Florida being more particularly described as follows:
Commence at the East quarter comer of Section 3, Township 51 South, Range 26 East,
Collier County, Florida; thence mn south 00041'50'' west, along the east line of the
southeast quarter of said Section 3, for a distance of 1,361.72 feet to a point on the southerly
right-of-way line of U.S. 41 (State Road 90) (200 foot right-of-way); thence run north
54°20'16" west, along said southerly right-of-way line, for a distance of 966.32 feet to a
point on the westerly line of a 100 foot wide drainage easement a recorded in Official
Records Book 76 at Pages 127 through 129, of the Public Records of Collier County,
Florida; the same being the point of beginning; thence run South 20016, 12" west, along
said westerly line, for a distance of 203.10 feet to the beginning of a tangential circular
curve concave northwesterly; thence run southwesterly along said westerly line and the arc
of said curve to the right, having a radius of 2,799.93 feet; through a central angle of
09°43'48"; subtended by a chord of 474.91 feet at a bearing of south 25°08'06'' west, for an
arc length of 475.48 feet to the end of said curve; the same being a point on the north line of
the south half of the south half of said Section 3; thence run north 89026'59'' west, along
said north line for, a distance of 2,833.22 feet to a point on the easterly right-of-way line of
Isle of Capri Road ( State Road 951) (right-of-way varies); thence run north 02028'03'' east,
along said easterly line, for a distance of 1,284.83 feet; thence, leaving said right-of-way
line, run the following four (4) courses along the lines of the property described in Official
Records Book 2529 at Pages 1377 and 1378 north 90°00'00" east for a distance of 100.09
feet; thence run north 02028'03" east for a distance of 136.68 feet; thence run north
04°09'46" east for a distance of 163.91 feet; thence run south 89055'57'' east for a distance
of 867.08 feet to a point that is a distance of 400.00 feet southerly of and parallel with the
aforementioned southerly right-of-way line of U.S. 41 (State Road 90) (200 foot right-of-
way); thence run south 54°20'16'' east for a distance of 1,654.49 feet; thence run north
35°39'44" east for a distance of 400.00 feet to a point on the said southerly right-of-way
line of U.S. 41; thence run south 54°20'16'' east, along said line, for a distance of 600.00
feet to the point of beginning, containing 81.886 acres, more or less.
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1.4
1.5
1.3
Together with a non-exclusive ingress/egress easement over Parcel "A-1" as it is described
in Agreement for Non-exclusive Ingress/egress Easement recorded in Official Records
Book 2529, Page 1389, of the Public Records of Collier County, Florida
GENERAL DESCRIPTION OF PROPERTY
The project site is located in Section 3, Township 51 South, Range 26 East. The site
is generally bordered on the west by S.R. 951 and the Eagle Creek PUD District; on
the north by undeveloped C-4 and A zoned property; on the east by Henderson
Creek; and on the south by the Holiday Manor Mobile Home Park, zoned MH.
The zoning classification of the subject property at the time of PUD application is
RSF-3 and PUD.
Co
Elevations within the site are approximately 3.5 feet to 4.5 feet above MSL. Per
FEMA Firm Map Panel No. 120067 605 E and 615 E, dated August 3, 1992, the
Artesa Pointe PUD is located within AE 7 of the FEMA flood insurance rate map.
Approximately 33% of the site is abandoned agricultural field. The remainder is
naturally forested with pine flatwoods and pine-cypress-cabbage palm.
The soil types on the site generally include 02 - Holopaw fine sand, limestone
substratum, 10 - Oldsmar fine sand, limestone substratum, 11 - Hallendale fine
sand, 14 - Pineda fine sand, limestone substratum, 20 - Ft. Dram and Malabar, high
fine sands, 27 - Holopaw fine sand, and 32 - Urban land as defined by the NRCS.
The project site is located within the Collier County Water Management District
Henderson Creek Watershed.
PERMITTED VARIATIONS OF DWELLING UNIT TYPES.
A maximum of 280 dwelling units are permitted within the Artesa Pointe PUD. This
maximum may include a mix of single-family, two-family, duplex, zero lot line, patio,
townhome and multi-family dwelling unit types.
DENSITY
Ao
The acreage of the residential and open space portions of the PUD are
approximately 47+ acres and the number of dwelling units authorized to be built
pursuant to this PUD is a maximum of 280 units through use of the affordable
housing density bonus as set forth in the Density Rating System of the FLUE of the
GMP. The gross project density, shall be a maximum of 5.96 units per acre.
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Bo
At all times, all property included within the Artesa Pointe PUD as residential or
open space shall be included in determining project density, including lands to be
reserved for road right-of-way as part of the PUD rezoning process.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the Artesa
Pointe PUD, and to identify relationships to applicable County ordinances, policies, and
procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
mo
The Artesa Pointe PUD will be developed as a mixed-use comrnunity which may
feature a full an'ay of commercial uses, residential dwelling types, and a recreation
center, providing for activities such as community gatherings, recreational
amenities, 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 the individual
recreational area, water management features, and development tracts 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 Subsection 3.2.7.2 and more particular Section 3.3 of the LDC.
Co
The Artesa Pointe PUD is compatible with and complementary to existing and
future surrounding land uses as required in Policy 5.4 of the FLUE and the
Henderson Creek Mixed Use Subdistrict of the FLUE.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
Regulations for development of the Anesa Pointe 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
orders 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.
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2.4
2.5
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 shall be subject to the
Adequate Public Facilities Ordinance, Division 3.15 of the LDC.
Do
Unless modified, waived or excepted by this PUD, or by subsequent request, the
provisions of all other sections of the LDC remain in effect with respect to the
development of the land which comprises this PUD.
All conditions imposed herein or as represented on the Artesa Pointe Master Plan
are part 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
Anesa Po,rite PUD, except where an exemption or substitution is set forth herein or
otherwise granted pursuant to the Land Development Code, Section 3.2.4.
Go
The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall
apply to the Artesa Pointe 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.
ROADWAYS
Roadways within the Artesa Pointe PUD may 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 Subsection 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. The primary access road, loop road connecting U.S. 41
with S.R. 951, shall not be gated, and shall remain open to the public.
LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Subsection 3.5.7.1 of the LDC may be reduced
with the administrative approval of the Collier County Planning Services Director. All
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lakes greater than two (2) acres may be excavated to the maximum commercial excavation
depths set forth in Subsection 3.5.7.3.1. and subject to permit approval of the South Florida
Water Management District. Removal of fill and rock fi:om the Artesa Pointe PUD shall be
administratively permitted to an amount up to l0 percent per lake (20,000 cubic yards
maximum), unless a commercial excavation permit is issued.
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 Collier County Engineering Director for engineering and safety considerations during
the development review process and prior to any installations.
2.7
CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as
provided in Subsection 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.
2.8 COMMON AREA MAINTENANCE
Common area maintenance shall be provided by a property owners' association. 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. The
property owners' association, shall be responsible for the operation, maintenance, and
management of the surface water and stormwater management systems and reserves serving
the Artesa Pointe, in accordance with the provisions of Collier County Ordinance 90-48 and
Resolution 90-292, together with any applicable permits fi:om the South Florida Water
Management District.
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2.9
LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Artesa Pointe PUD. Landscape buffers shall be provided consistent with the
minimum criteria for mixed-use activity centers, and as required by the Henderson Creek
Mixed-use Subdistrict. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
Grassed berms 4:1
Ground covered berms
Perimeter 3:1
Internal to project 3:1
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 &berm elevation, except as noted in Section 2.9.G of this PUD
Document. All fences shall be subject to the design standards of Section 2.6.11 of
the LDC.
Landscape buffers, berms, fences and walls may be constructed along the perimeter
of the Artesa Pointe PUD boundary with County Staff approval at the time of
preliminary subdivision plat, site development plan, or site improvement plan
approval.
Fences and walls which are aa 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.
Pedestrian sidewalks and/or bike paths 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.
Landscape berms located within the Artesa Pointe PUD boundary and contiguous to
a property line and/or right-of-way line may be constructed such that the toe of slope
is set back a minimum 5 feet from the property line and/or right-of-way line. The
berm and wall identified in Section 2.9.G of this PUD shall be designed in
compliance with Exhibit "B" of the PUD.
Go
Concurrent with development of each tract, a minimum 6 f6ot high precast concrete
(or similar material) wall shall be constructed within the buffer along the southern
property boundary adjacent the residential tract and an 8 foot high precast concrete
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2.10
2.11
2.12
2.13
wall (or similar material) shall be constructed within the buffer, adjacent' the
commercial tract(s). The wails must be constructed on a minimum 3 foot high
berm). Within the Preserve Area, a chain link (or similar material) fence shall be
constructed parallel to the southern property line.
FILL STORAGE
Fill storage is generally permitted as a principal use throughout the Artesa Pointe PUD. Fill
material generated fi.om other properties owned or leased by the Developer may be
transported and stockpiled within areas which have been disturbed/farmed. Prior to
stockpiling in these locations, the Developer shall receive approval by the County
Community Development and Environmental Services Administrator. The following
standards shall apply:
Stockpile maximum.side slope 2:1, if protected by a six foot (6') high fence;
otherwise, a 4:1 side slope shall be required.
Stockpile maximum height: Twenty feet (20)'. No stockpile shall remain for a
period longer than one year.
Soil erosion control shall be provided in accordance with LDC, Division 3.7.
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. Both commercial and residential development shall be designed in
compatible architectural styles and the project shall contain similar landscaping, buffers,
and signage.
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 Artesa Pointe PUD
except in the Preserve/Open Space Area. General permitted uses are those uses which
generally serve the Developer and residents of the Artesa Pointe PUD and are typically part
of the common infi.astmcture or are considered community facilities.
A. General Permitted Uses:
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1. Essential services as set forth under LDC, Subsection 2.6.9.1.
2. Water management facilities and related structures.
o
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. 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 2.9 of this
PUD.
8. Fill storage subject to the standards set forth in Section 2.10 of this PUD.
B. Development Standards:
Unless otherwise set forth in this Document, or as noted in Table 1, the following
development standards shall apply to structures:
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.
Setback from PUD boundary: See Table 1, Development Standards and
Subsection 4.5.A.4 of this PUD.
3. Minimum distance between unrelated structures - Ten feet (10').
Maximum height of structures - See Table 1, Development Standards and
Section 4.5.C of this PUD.
5. Minimum floor area - None required.
6. Minimum lot or parcel area - None required.
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Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein are to be in accordance with the
appropriate sections of the LDC in effect at the time of site development
plan approval.
2.14 OPEN SPACE REQUIREMENTS
The Collier County LDC requires that mixed-use 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 District, will satisfy the 30% open space requirement
of Section 2.6.32 of the LDC for mixed-use developments.
2.15 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Growth Management Plan, a minimum of 25% of the viable naturally functioning native
vegetation on site shall be retained, which is 13.755 acres.
2.16 SIGNAGE
All signs will be in accordance with Division 2.5 of the LDC in effect at time of their
permitting, unless otherwise specified herein within the Artesa Pointe PUD.
A. Exception from Subsection 2.5.5.1.6 On-Premises Signs within Residential
District.
In addition to other permitted residential signs in Section 2.5 of the LDC, one pole
or monument directory sign which identifies the name of the commercial
component of the PUD and individual tenant(s) within the commercial component
as well as the residential development may be located at the project entrance on
U.S. 41 East. The sign shall not exceed a maximum of 150 square feet in sign
copy area and shall not exceed 15 feet in height. The minimum setback from U.S.
41 shall be 15 feet.
2.17 SIDEWALKS/BIKEPATHS
Ao
Pursuant to LDC Subsection 3.2.8.3.17 and Section 2.9 of the Artesa Pointe PUD,
sidewalks/bikepaths shall be permitted as follows:
An internal pedestrian walkway system is permitted within drainage
easements.
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2.18
Sidewalks may be located outside platted fights-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.
SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
The Developer reserves the fight to request substitutions to subdivision
improvement and utility design standards in accordance with Subsection 3.2.7.2
of the LDC.
The proposed primary entry road shall be designed and constructed in accordance
with Section 3.2.8 of the LDC. Other roadways within Artesa Pointe shall be
designed and constructed in accordance with Section 3.2.8 of the LDC with the
following substitutions:
Streets and access improvements
1. LDC Subsection 3.2.8.4.16.5, Street Right-of-Way Width
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. Two-way drive
aisles serving multi-family tracts or commercial tracts shall be a minimum
of twenty-four (24) feet. Minimum right-of-way width for the loop road
shall be sixty (60) feet.
2. LDC Subsection 3.2.8.4.16.6, Dead-end Streets
Cul-de-sacs may exceed a length of one thousand (1,000) feet.
LDC Subsection 3.2.8.4.16.8, Intersection Radii
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.
LDC Subsection 3.2.8.4.16.10, Reverse Curves
Reverse Curves: Tangents shall not be required betWeen reverse curves on
any project streets.
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LDC Subsection 3.2.8.3.17, Sidewalks, bike lanes and bike paths
A sidewalk six (6) feet in width or an eight (8) foot wide multimodal
pathway shall be provided on one side of the loop road connecting U.S, 41
and S.R. 951.
LDC Subsection 3.2.8.3.17t ~[~d..t,t.;at£~, b,'/~..t [{/,,~c ct4~ b0']~/0a~/'/-~.~
A sidewalk five (5) feet in width shall be provided on one side only of local streets.
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SECTION III
RESIDENTIAL
~R99
3.1
3.2
3.3
3.4
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within the Artesa Pointe PUD designated on the Master Plan as "R", Residential.
MAXIMUM DWELLING UNITS
A maximum of two hundred and eighty (280) residential dwellings may be constructed
within the areas designated "R" on the Conceptual Master Plan. A minimum of two
hundred (200) dwelling units shall qualify as affordable housing under Collier County
guidelines for affordable housing, and subject to the approved companion Collier County
Affordable Housing Density Bonus Agreement.
GENERAL DESCRIPTION
Areas designated as "R," Residential on the Master Plan are designed to accommodate a full
range of residential dwelling types and general permitted uses as described by Section 2.13
of this PUD Document, a full range of recreational facilities, essential services, and
customary accessory uses.
The approximate acreage of the area designated for residential development 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 tracts are designed to accommodate
internal roadways, open spaces, and other similar uses found in residential areas.
PERMITTED USES AND STRUCTURES
All residential dwellings shall be offered as for-sale product. 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 townhomes (no building structure for single
family attached or townhomes shall contain more than4 dwelling units).
2. Single family and zero lot line dwellings.
3. Two-family and duplex dwellings.
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Multi-family dwellings including coach homes and garden apartments (no
building structure shall contain more than 4 dwelling units).
o
Model homes and model home centers (subject to Section 2.6.33 of the
LDC) Offices for project administration, construction, sales and marketing.
6. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways
Accessory Uses and Structures:
Accessory uses and structures customarily associated with the principal uses
permitted in this subdistrict, including swimming pools, spas and screen
enclosures, recreational facilities designed to serve the development, and
essential services.
o
Any other accessory use, which is comparable in nature with the foregoing
list of uses, as determined by the Board of Zoning Appeals (BZA).
3.5
DEVELOPMENT STANDARDS
Table 1 sets forth the development standards for land uses within the Artesa Pointe
PUD residential area.
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 parcel boundaries.
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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 yard, height,
and floor area standards apply to principal structures.
Development standards for uses not specifically set forth in Table I shall be in
accordance with those standards of the zoning district which permits development
that is most similar to the proposed use.
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During the platting process, the Developer shall identify the specific housing type
intended for each platted tract.
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Single-family attached dwellings shall be permitted to have individual driveways on
private roadways.
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All residential development shall comply with the minimum landscape standards
required in Section 2.4 of the LDC.
H. All dwelling units shall be required to have a minimum of a single-car garage.
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DEVELOPMENT
STANDARDS
TABLE 1
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREA
SINGLE- ZERO MULTI- CLUBHOUSE/
FAMILY LOT LINE FAMILY~ RECREATION
ATTACHED PATIO\VILLA BUILDINGS BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F. ! ACRE
MINIMUM LOT WIDTH 25 FEET 40 FEET 150 FEET
MIN. FLOOR AREA 1,000 S.F. 1,000 S.F. 450 S.F.
FRONT YARD~°'~t 20 FEET 20 FEET 20 FEET
SIDE YARD 5 FEETI' ? 0 FEET or 15 FEET
7.5 FEET2' 7 5 FEET3' 7 or ~ BH
REAR YARD 15 FEET 15 FEET 15 FEET
PRESERVE SETBACK9
PRINCIPAL STRUCTURE
ACCESSORY STRUCTURE
MIN. DIST.
BETWEEN STRUCTURES
N/A
N/A
N/A
N/A
N/A
N/A
25 FEET 25 FEET 25 FEET 25 FEET
10 FEET I0 FEET l0 FEET l0 FEET
I 0 FEET 10 FEET 15 FEET~
i 5 FEET2
MAX. BLDG. HT. 35 FEETs'6 35 FEET 5.6 35 FEETs
ACCESSORY STRUCTURES
FRONT S.P.S. S.P.S. S.P.S.
SIDE S.P.S.7, s S.P.S.7, s S.P.S.7,s
REAR (ATFACHED) 5 FEETs 5 FEETs I0 FEETs
(DETACHED) 5 FEETs 5 FEETs 20 FEETs
PRESERVE SETBACK 10 FEET ! 0 FEET ! 0 FEET
MAX. BLDG. HT. 35 FEET s.6 35 FEETs'6 35 FEETs'6
N/A
N/A
20 FEET
0, OR 5, OR
7.5 FEET2's
5 FEET8
5 FEETs
10 FEET
35 FEETs'6
I Applicable to single story dwelling units.
z Applicable to two story dwelling units.
3 Zero foot (0') minimum side yard setback on either or both sides, provided a minimum 10 foot separation between principal structures is maintained.
4 15 feet, or one half of the sum of the heights of adjacent buildings, measured from the exterior walls, whichever is greater.
s Building height shall be measured from the first finished floor elevation.
6 Maximum height is 2 stories, not to exceed 35 feet, above the minimum finished floor elevation, except for attached screen enclosures, which may be
the height of the principal structure.
?Where fee simple lots are created as single family attached housing units, no side yard shall be required between interior units ora unified principal
structure, and the required side yard shall be measured from the exterior wall(s) of the principal structure.
8 Where adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required, 20 foot lake maintenance easement
(See Appendix "A", Typical Cross Sections, and Exhibit A, PUD Master Plan).
9 For purposes of this PUD, attached roofed screen enclosures or lanais shall be considered accessory structures.
~o Building setback shall be measured from back of curb for private streets; however, a minimum of 23 feet from edge of sidewalk to the garage must be
provided, or 23 feet from edge of pavement where no sidewalk is provided.
nFor lots abutting the project's loop road and which have access from another private road, a minimum building setback of 15 feet from the loop road
right-of-way shall be required. A landscape buffer or fence shall be required between the structure and the right-of-way.
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Note: The location of structures proposed adjacent to a lake may have no setback from the lake
maintenance easement. No structures are permitted in the required, 20 foot lake maintenance
easement, except as provided for in Section 2.5 of this PUD Document.
S.P.S.: Same as Principal Structures.
BH: Building Height.
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SECTION IV
COMMERCIAL
6&C9~
4.1 PURPOSE:
4.2
4.3
The purpose of this Section is to identify the permitted commercial land uses and
related development standards for areas within the Anesa Pointe PUD designated
"C", Commercial on the Conceptual Master Plan, Exhibit A.
MAXIMUM COMMERCIAL SQUARE FOOTAGE
A maximum of 325,000 square feet of gross leasable commercial space is permitted
within the Artesa Pointe PUD. A maximum of four out-parcels are allowed, all of
which shall abut Collier Boulevard. All out-parcels shall provide internal vehicular
access. All out-parcels are limited to non-regional commercial uses. No out-parcel
shall exceed five acres.
GENERAL DESCRIPTION
4.4
Areas designated as "C", Commercial on the Master Concept Plan, Exhibit "A", are
designed to implement the provisions of the Henderson Creek Mixed Use Sub-
district outlined in the FLUE of the Collier County Growth Management Plan. The
focus of this Subdistrict is to provide regional commercial uses with limited
neighborhood commercial uses.
For the purposes of this PUD, the term "regional commercial uses" is defined as:
Retail uses typically dominated by large anchors, including discount department
stores, discount super stores, off-price stores, warehouse clubs, and home
improvement centers. Regional retail uses typically utilize square footages ranging
from 20,000 square feet to over 100,000 square feet.
PERMITTED USES
A. Principal Uses (non-regional):
Accounting, auditing and bookkeeping services (872.1)
Apparel and accessory stores (5611-5699)
Building materials, hardware, and garden supply (5231-5261)
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Bo
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6.
7.
8.
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
20.
Business services (7311, 7313, 7322-7338, 7361, 7371 7372, 7374-7376,
7379, 7384) '
Depository institutions (6011-6099)
Eating places (5812)
Engineering, architectural and surveying (8711-8713)
Food stores (5411, excluding grocery stores and supermarkets - 5499, with
accessory gasoline pumps and car wash)
General merchandise stores (5311-5399), including discount retail, and
discount superstore with grocery, auto tire and lubricating, and pharmacy
component.
Health services (8011-8049)
Home furniture, furnishing and equipment stores (5712-5736)
Insurance carriers, agents and brokers (6311-6399, 6411)
Libraries (823.1)
Legal services (8111)
Management and public relations services (8741-8743)
Miscellaneous retail (5912, 5921, 5941-5961, 5992, 5995, and 5999 -
excluding auction room, tombstone sales, and swimming pool sales.)
Non-depository credit institutions (6141-6163)
Real estate (6512, 6520-6552)
Stationery and office supplies, retail (5112)
Motion pictures (7832, 7841)
Principal Uses (regional):
10.
Apparel and accessory stores (5611-5699)
Building materials, hardware, and garden supply (5231-5261)
General merchandise stores (5311-5399), including discount retail, and
discount superstore with grocery, auto tire and lubricating, and pharmacy
component.
Home furniture, furnishing and equipment stores (5712-5736)
Libraries (8231)
Miscellaneous retail (5912, 5921, 5941-5961, 5992, 5995, and 5999 -
excluding auction mom, tombstone sales, and swimming pool sales.)
Stationery and office supplies, retail (5112)
Motion pictures (7832, 7841)
Discount warehouse clubs, which includes stores where shoppers pay a
membership fee in order to take advantage of discounted prices on a wide
variety of items such as food, clothing, tires and appliances.
Home improvement superstore/center, which includes warehouse-type retail
facilities specializing in the sale of home improvement merchandise,
including lumber, tools, paint, lighting, wall paper and paneling, kitchen and
bathroom fixtures, lawn equipment, and garden plants and accessories. No
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4.5
outdoor storage of building materials or on-site assembly of building
components is permitted.
C. Accessory Uses:
Uses and structures that are customarily incidental and subordinate to the
above permitted uses.
Automatic car washes and fuel pumps in conjunction with a convenience
food store.
DEVELOPMENT STANDARDS
Yard Requirements
1. Front:
2. Side:
3. Rear:
4. From PUD Boundary:
5. From Internal Roadway:
6. Preserve:
Principal:
Accessory:
Twenty-five feet (25')
Fifteen feet (15')
Fifteen feet (15')
Twenty-five feet (25')
Ten feet (10')
Twenty-five feet (25')
Ten feet (10)
B. Minimum Lot Size
Minimum lot width: One hundred feet (100')
Minimum area: Twenty thousand (20,000) square feet
C. Building Height
Buildings shall be limited to one-story, not to exceed a maximum of thirty-five (35')
feet in height except that architectural entry features may exceed thirty-five (35')
feet in height, mezzanines shall not constitute a second story. Building height shall
be applied in accordance with the LDC.
D. Floor Area Requirements
At least one of the regional commercial uses (as set forth in this Subsection) shall
contain a minimum of 100,000 square feet of gross leasable area. Non-regional
commercial uses shall not exceed a total 32,500 square feet of gross leasable area,
and the remaining regional commercial use (beyond the one required at minimum of
100,000 square feet) must occupy a minimum of 20,000 square feet of gross
leasable floor area, as required by the Subdistrict. Those integral components of
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regional retail uses and discount super stores such as gasoline sales and auto service,
grocery sales, pharmacies, and 'the like shall not be considered non-regional retail
uses for purposes of the overall non-regional retail square footage limitation. For
purposes of this PUD, gross leasable area shall include only that portion of a
building under a roof and enclosed by walls.
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5.1
5.2
5.3
5.4
5.5
SECTION V
PRESERVE/OPEN SPACE AREA
"P/O"
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within the Artesa Pointe PUD designated on the Master Plan as "PO", Preserve/Open
Space.
GENERAL DESCRIPTION
Areas designated as "PO", Preserve/Open Space on the Master Plan are designed to
accommodate conservation, passive recreation and water management uses and functions.
The acreage of the Preserve/Open Space area is indicated on the Master Plan.
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 and shelters.
2. Water management structures.
Any other conservation and related open space activity or use, which is
comparable in nature with the foregoing list of uses, as determined by the
Board of Zoning Appeals (BZA).
DEVELOPMENT STANDARDS
A. Maximum height of structures: Twenty-five (25) feet.
LANDSCAPE BUFFERS
Where Section 2.4 of the LDC requires landscape buffers, and Preserve/Open
Space areas are shown, landscape buffers may consist of preserve vegetation,
where it is demonstrated that the landscape feature meets or exceeds requirements
of Section 2.4 of the LDC.
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SECTION VI
GENERAL DEVELOPMENT COMMITMENTS
6.1 PURPOSE
6.2
6.3
6.4
The purpose of this Section is to set forth the development commitments for the
Artesa Pointe PUD.
PUD MASTER DEVELOPMENT PLAN
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 in effect at the time of approval of the development order to which
such regulations apply except where specifically noted.
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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
Except as noted herein, all project development will occur consistent with
Division 3.2 and 3.3 respectively, of the LDC.
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 platted rights-of-way or within dedicated
County utility easements shall be conveyed to Collier County, pursuant to Collier
County Ordinance 01-57, as may be amended, except as may be provided in
Section 2.4 of this Document.
Upon completion of the utility facilities, they shall be tested to insure they meet
Collier County utility construction requirements in effect at the time construction
plans are approved.
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All customers connecting to the potable water and sanitary sewer system shall be
customers of the County.
6.5 WATER MANAGEMENT
A. A SFWMD surface water management permit shall be obtained prior to
commencement of site work.
An excavation permit will be required for the proposed lakes in accordance with
Division 3.5 of the LDC. All lake dimensions will be approved at the time of
excavation permit approval.
Co
The Artesa Pointe PUD 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.
Ail development within the PUD may share common surface water management
facilities.
6.6 ENVIRONMENTAL
mo
Buffers shall be provided around wetlands, extending at least 15 feet landward
from the edge of wetland preserves and averaging 25 feet from the landward edge
of wetland preserves. Where natural buffers are not possible, structural buffers
shall be provided in accordance with State of Florida Environmental Resource
Permit Rules and be subject to review and approval by Current Planning Section
Staff.
An exotic vegetation removal, monitoring and maintenance plan for the site, with
emphasis on the preserve/open space areas, shall be submitted to Environmental
Services Department 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 Statutes.
Conservation easements shall be dedicated on the plat to the project homeowners'
association, or like entity, for ownership and maintenance responsibility and to
Collier County with no responsibility for maintenance.
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6.7
TRANSPORTATION
The development of this PUD will be subject to and governed by the following
conditions:
/'
A.
All
traffic
control
devices used n36st be in accordance with the Manual of
Uniform Traffic Control Devices'/.as adopted by the Florida Department of
Transportation (FDOT), as--attll~mt~, and as required by Florida Statutes -
Chapter 316, Uniform Traffic Control Law.
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All traffic speed limit postings must be in accordance with the Speed Zoning
Manual), as amended, and as adopted by the FDOT, and as required by Florida
Statutes - Chapter 316, Uniform Traffic Control Law.
Arterial level street lighting shall be provided at all development points of ingress
and egress. Said lighting shall 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 shall not be considered
for impact fee credits. All such improvements shall be in place prior to the
issuance of the first certificate of occupancy.
Road Impact Fees shall be paid in accordance with Collier County Ordinance 01-
13, as amended.
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, roadway capacity problems.
Any and all median opening locations must be in accordance with the Collier
County Access Management Policy, as amended, and LDC, as amended. Median
access and control will remain under the County's authority. The County reserves
the fight to modify or close any median opening(s) determined to have an adverse
effect on the health, safety and welfare of the public. These include, but are not
limited to, safety concerns, operational circulation issues, roadway capacity
problems.
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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 shall be designed to promote the safe travel of all users
including pedestrians and bicyclists. Pedestrian and bicycle travel ways shall be
separated from vehicular traffic in accordance with recognized standards and safe
practices, as determined by Collier County Staff.
The Developer(s) shall be responsible for the cost of any and all traffic signal(s),
at any and all development entrances(s), when determined warranted and
approved by FDOT. When warranted, upon the completion of the installation,
inspection, bum-in period, and final approval/acceptance of any and all traffic
signal(s), said traffic signal(s) shall be turned over (for ownership) to Collier
County, and will then be operated and maintained by 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, shall be provided
in conjunction with said improvement(s), as determined by Collier County Staff.
All internal access(es), drive isle(s), sidewalk(s), not located within County right-
of-way shall 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 Staff, as a condition of
site development plan approval.
Frontage, midpoint and/or backside interconnection(s) may be required by Collier
County Staff, as a condition of site development plan approval.
Arterial level street lighting shall be provided by the Developer at all project
entrances prior to issuance of a certificate of occupancy.
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Po
The primary access, loop road connecting U.S. 41 with S.R. 951, shall not be
gated, and shall be open to the public. Provisions for future interconnections to
properties north of the access road shall be made at the time of plat or site
development plan approval.
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INS~QN:II~S§ ~
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 and correct
copy of:
ORDINANCE 2003-46
Which was adopted by the Board of County Commissioners
on the 23rd day of September, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 26th
day of September, 2003.
DWIGHT E BROCK
Clerk of Courts
Ex-officio to Board',.ofl '~"~;-
County CommiSsioners ~ ...
By: Patricia L,~5~Mor~an,,h¢".~
Deputy Cler~ 0~'~0[ "~}~,,':?"'