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Ordinance 2004-30 ORDINANCE NO. 04- 30 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 AS.' AMENDED THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING ,.1:J28~9 . REGULA TIONS FOR THE UNINCORPORATED AREA OF ~'P' COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL <V' IÞ..... \ ZONING ATLAS MAPS NUMBERED 8714N, 8714S, 8723}.!.,. t: ....... ~ 8723S, 8724S, 482728 AND GGE04A BY CHANGING THE ,::::¡. .:'/~' ~ ~ ZONING CLASSIFICATION OF THE HEREIN DESCRIBED RE~.L. ~ 'v "~C1r PROPERTY FROM A "PUD" ZONING DISTRICT TO A "PLFD;',. ,~ ~ PLANNED UNIT DEVELOPMENT ZONING DISTRICT TO BE " ~ rotb KNOWN AS THE ORANGETREE POD TO ALLOW 9L.fi..U't\'\\O\' CONSTRUCTION OF AN EDUCATIONAL PLANT AND AN ANCILLARY PLANT WITHIN THE AGRICULTURE SUB DISTRICT OF THE POD LOCATED ON COUNTY ROAD 858 (OIL WELL ROAD), IN SECTIONS 13 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF I2O:i: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 87-13, AS AMMENDED, AND BY PROVIDING AN EFFECTIVE DATE. c..-,,- , .~ WHEREAS, Amy Taylor, of the Collier County School District, representing Orangetree Associates, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Sections 13 and 14, Township 48 South, Range 27 East, Collier County, Florida, is changed from a "PUD" Zoning District to "PUD" Planned Unit Development District in accordance with the "Orangetree" PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8714N, 8714S, 8723N, 8723S, 8724S, 482728 and GGEO4A, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 87-13, as amended, known as the Orangetree Planned Unit Development adopted on March 31, 1987 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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 11th day of ~.2004 , BOARD OF COUNTY COMMISSIONERS COLLIER CO Y, FLORIDA d- BY: DONNA ,t rL /l.t .en) Marjorie. Student Assistant County Attorney .¡:J. C . Approved as to Form and Legal Sufficiency CDPlusIPUDZ-2003-AR -35 84/DS/sp 2 ZONING AND DEVELOPMENT DOCUMENT for AMNON GOLAN, TRUSTEE ORANGETREE ASSOCIATES ORANGETREE First Amendment Prepared by: WILSON, MILLER, INC. Engineers, Planners and Land Surveyors 3200 Bailey Lane at Airport Road Naples, Florida 33942 PUD Amendment Application November 22, 1989 Revised February 27, 1991 Revised May 13, 1991 Revised May 11, 2004 Original Z & DD Approval: December 10, 1985 Ordinance Number: 87-13 Approved by CCPC: December 20, 1990 Approved by BCC: June 1991 Ordinance Number: 91-43 Approved by CCPC: March 4, 2004 Approved by BCe: May 11, 2004 Ordinance Number: 2004-30 Exhibit "A" 1 SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII SECTION VIII SECTION IX INDEX PAGE Index 2 List of Exhibits and Tables 3 Property Description 4 Project Development 5 Agricultural Development 10 Residential Development 11 Commercia1/N eighborhood 16 Golf Course 19 Community Use 22 SchoollPark 24 General Development Commitments 26 2 LIST OF EXHffiITS. AND TABLES EXHIBIT A Master Plan (Prepared by Thomas Lucido & Associates Ref. No. 9020) TABLE I Land Use Summary TABLE II Estimated Market Absorption Schedule TABLE III Development Standards 3 ---_." 1.01 1.02 SECTION I PROPERTY DESCRIPTION AND OWNERSHIP INTRODUCTION. LOCATION. AND PURPOSE It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called "applicant or developer") to establish a Development on approximately 2,752.8 acres of property located in Collier County, Florida. The subject property is described as "North Golden Gate II on Collier County maps and is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction. LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2,752.8 acres and is platted as North Golden Gate and recorded in the Public Records of Collier County, Florida as follows: Unit 1 Plat Book 9 Pages 12-28 Unit 2 Plat Book 9 Pages 39-43 Unit 3 Plat Book 9 Pages 125-142 Unit 4 Plat Book 9 Pages 53-64 Unit 5 Plat Book 9 Pages 65-72 Unit 6 Plat Book 9 Pages 74-78 Unit 7 Plat Book 9 Pages 85-97 4 2.01 2.02 2.03 2.04 2.05 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. GENERAL PLAN OF DEVELOPMENT The subject parcel is designed as a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards and review procedures regulating subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of Section 10.5 of the Zoning Ordinance shall apply to the development of platted tracts or parcels of land as provided in Section 10.5 prior to the issuance of a building permit or other development order. LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the Master Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. 5 2.07 2.08 2.09 2.10 2.06 PROJECT DENSITY The total acreage of the subject property is approximately 2,752.8 acres. The maximum number of dwelling units to be built on the total acreage is 2,100. The. number of dwelling units per gross acre is approximately 0.76. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. PERMITTED V ARIA TIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 2.100. The Administrator shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 2,100. The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty (20) percent in each category. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. DEVELOPMENTSEOUENCEANDSCHEDULE The applicant has not set II stages II for the development of the property but the property is to be developed over an estimated 15 year-time period. Any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table II indicates, by phase, the estimated absorption of units for the estimated 15 year development period. RESERV A TION OF NATURAL VEGETATION AND TREE REMOV AL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this documents. EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. 6 2.11 2.12 2.13 All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Master Plan review and approval. LAKE SITING As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off- site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. ROADS Collector roads will be public roads. Local roads within the development may be either public or private roads, depending on location, capacity, and design. 7 R-l R-2 R-3 CU U SP CN RW LAKE LAND USE SUMMARY TABLE I SYMBOL DESCRIPTION UNITS Agriculture *2 Golf Course *2 Residential 143 Residential 1797 Residential 160 Community Use Utility SchoollPark APPROXIMATE ACREAGE 1098*1 200*3 110 586 30 86 15 36 22 149.8 420 2,752.8*4 NOTE: The projected total unit summary represents one possible residential mix to yield 2,100 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2,100 units. R-l R-2 R-3 *1 *2 *3 *4 AG GC Neighborhood (Max. 60,000 Commercial S.P. plus motel units) Right-of-Way Total 2,100 One-half acre lots - single family. Detached and attached single family~ duplex and triplex, cluster homes, zero lot line, villas, patio homes, townhouses. Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story max.). Includes agricultural reservoirs. Approved breakdown of agriculture and golf course lands. Includes golf course related lakes. Based on actual survey of acreage. 8 ESTIMA TED MARKET ABSORPTION SCHEDULE TABLE II YEAR DWELLING UNIT CUMULATIVE PRODUCTION TOTAL 1 0 0 2 70 70 3 100 170 4 140 310 5 160 470 6 160 630 7 160 790 8 165 955 9 165 1,120 10 165 1,285 11 165 1,450 12 165 1,615 13 165 1,780 14 160 1,940 15 160 2,100 9 '000___- 3.01 3.02 3.03 SECTION III AGRICULTURAL DEVELOPMENT PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 as AG. GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip-irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: 1) Agricultural activities, such as field crops, reservoirs/lakes, orchards, horticulture, fruit and nut production. 2) Educational plants: An "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant that is operated by the Collier County School Board. B. Conditional Uses: 1) Ancillary plants: An "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by the Collier County School Board. 10 E. c. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2) On-site retail sales of farm products primarily grown on the farm. 3) Caretakers residences. D. Permitted Uses/Conditional Uses Requiring Site Development Plan Approval: 1. 2. Packing Houses Public educational plants and ancillary plants Development Standards for Educational Plants and Ancillary Plants: 1. In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16,2003, set forth in the LDC or its successor ordinance. 2. Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. 3. All required buffers for the School Board's property shall be in place by December 31, 2004. 11 4.01 4.02 4.03 4.04 SECTION IV RESIDENTIAL DEVELOPMENT PURPOSE The purpose of this Section is to set forth general regulations for the areas designated on the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R-l to R-3). MAXIMUM DWELLING UNITS A maximum number of 2,100 dwelling units may be constructed on lands designated as Residential (R-l to R-3) except as permitted by Section 2.07. GENERAL DESCRIPTION Areas designed as Residential (R-l to R-3) Thomas Lucido & Associates Ref. No. 9020 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational' facilities provided such uses meet the development standards as set forth in this document. Four residential land use categories have been identified on the Master Plan. The R-1 designation includes approximately 110 aces and will accommodate single family development on one-half acre lots. The R-2 designation includes approximately 586 acres and will provide for both conventional detached and attached single family development. The R-3 designation includes approximately 30 acres of low density cluster and multi-family development. PERMITTED PRINCIPAL USES AND STRUCTURES R-l . Detached single family homes . Model units . Recreational facilities, parks, lakes and water management facilities R-2 . Detached and attached single family homes . Duplex and triplex units . Cluster homes, zero lot line, villas, patio homes, townhouses . Model units . Recreational facilities, parks, lakes and water management facilities 12 4.05 4.06 4.07 R-3 . Cluster homes, zero lot line, villas, and patio homes Townhouses Garden apartments, low rise multi-family Recreational facilities, parks, lake and water management facilities . . . PERMITTED ACCESSORY USES AND STRUCTURES . Accessory uses and structures customarily associated with uses permitted in this district . Essential services and facilities . Guest homes in R-l areas on lots one acre or larger in size PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROV AL UNDER SECTION 2.04 . Religious facilities Civic and cultural facilities Educational facilities Private Clubs Child care centers - owner occupied Rest homes, foster homes, rehabilitation center, hospices Other non-residential uses customary in residential districts . . . . . . DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: 1. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a private road, setback is measured from the road easement or parcel line. 13 3. If the multi-family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. 14 . -------> DEVELOPMENT STANDARDS "R" Residential Areas TABLE III A Permitted Uses R-l Villas, Single Low Rise Standards Detached Patio & Family and Garden R-2 Cluster Attached Apartments Detached Homes Townhouse Minimum Site Area Y2 - AC 3000 SF 3000 SF 6000 SF x units Site Width Min. A vg. 120 60 Front Yard Setback 30 20 20 25 25 Side yard Setback 20 0 or 10 0 or 10 15 5.5 Rear Yard Setback 25 15 25 30 20 Rear Yard Setback Acsry. 0 0 0 0 5 Max. Building Height 25 25 25 25 25 Dist. Between Principal Str. N/A N/A .5SBH .5SBH N/A Floor Area Minimum (S.F). 1200 750 900 750 1000 SITE DEPTH A VERAGE: Determined by dividing the site area by the site width:. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). SBH: (Sum of Building Height): Combined height of two adjacent ~uildings for the purpose of determining setback requirements. 15 DEVELOPMENT STANDARDS "R" Residential Areas TABLEIllB PERMITTED USES EDUC. CIVIC/ RELIGIOUS PRIVATE OTHER STANDARDS FACILITIES CULTURAL FACILITIES CLUB USES FACILITIES NOT LISTED Minimum Site As determined during the Per County Area process under Section 2.04. Regulations in effect at the Site Width As determined during the time a permit is Min. A vg. process under Section 2.04. requested. Site Depth As determined during the Min. A vg. process under Section 2.04. Front Yard 40 40 40 30 Setback Side Yard 30 30 30 20 Setback Lake Bank 20 20 20 20 Setback Rear Yard 30 or BH 30 or BH 30 or BH 30 Setback Rear yard 10 10 10 10 Setback Acsry. Max Building 25 25 25 25 Height (Ft.) Dist. Between .5SBH .5SBH .5SBH .5SBH Principal Str. Floor Area 1000 1000 1000 1000 Minimum (S.P.) 16 5.01 5.02 PURPOSE SECTION V CN - COMMERCIAL/NEIGHBORHOOD The purpose of this Section is to set forth the regulations for the areas designated on Thomas Lucido & Associates Ref. No. 9020, as 'CN'. The CN tract is intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. 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. 7) 8) 9) 10) Permitted Principal Uses and Structures 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations, without major repair; agricultural supply stores. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores; convenience commercial establishments. 4) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. Gift shops; gourmet shops; Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. Ice cream stores; ice sales; interior decorating showrooms. Jewelry stores. 17 B) 16) 17) 18) 19) 20) 21) 11) Laundries - self - service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market; medical office or clinic for human care; millinery shops; motel, hotel and transient lodging; music stores. 13) Office (retail or professional); office supply stores. 14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores; post office. 15) Radio and television sales and services; excluding satellite dishes and antennas; restaurants, including fast foods; small appliance stores; shoe sales and repairs; restaurants. Souvenir stores; stationery stores; supermarkets and sanatoriums. Tailor shops; tobacco shops; toy shops; tropical fish stores. Variety stores; veterinary offices and clinics (no outside kenneling). Watch and precision instrument sales and repair. Water management facilities and essential services. Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). Permitted Accessory Uses and Structures 1) 2) Accessory uses and structures customarily associated with the uses permitted in this district. Caretaker's residence. 18 5.03 D) E) F) G) H) I) J) DEVELOPMENT STANDARDS A) Minimum Site Area: As approved under Section 2.04:. B) Minimum Site Width: As approved under Section 2.04:. C) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty-five (25) feet. Abutting residential areas: Thirty-five (35) feet in which as appropriately designed and landscaped buffer shall be provided, as determined under Section 2.04, and in which no parking shall be permitted. Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. Maximum Height of Structures: Twenty-five (25) feet above the finished grade of the site. Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial building floor area shall be permitted in the CN district, exclusive of motel use. No outside display or storage shall be permitted. Maximum density for motel, hotel, and transit lodging shall be 26 units per acre. 19 6.01 6.02 6.03 SECTION VI 'GC' GOLF COURSE GOLF COURSE DISTRICT The Golf Course District is intended to provide for an 18-hole gold course within the project. PERMITTED LOCATIONS It is recognized that golf courses provide open space for an entire community and serve a variety of functions including important water management functions. Therefore, the Golf Course District shall be a floating use and may be located within the Agricultural or Residential Districts, provided that the density of residential development shall not be substantially effected. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for one or more of the following uses: A. Permitted principal Uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of alcoholic beverages. 4) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). 20 6.04 B. Permitted Accessory Uses and Structures 1) Pro-shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non-commercial plant nursery. 3) Maintenance shops and equipment storage. 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 6) A maximum of two (2) residential units in conjunction with the operation of the golf course. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis c1ub(s) or other permitted recreational facilities. DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 25' B. Overall site design shall be harmonious in terms of landscaping, locations of structures, locations of access streets and parking areas, and location and treatment of buffer areas. c. Buildings shall be set back a minimum of fifty (50) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 21 6.05 B. SITE PLAN APPROV AL REQUIREMENTS A. A plan of the golf course shall be approved in accordance with Section 2.04 prior to construction. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.04. 22 7.01 7.02 7.03 SECTION VII COMMUNITY USE PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use. The site includes 55 acres, has been dedicated to Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for this project. An additional 31 acres shall be used for CU by Collier County for the expansion of the Collier County Fair Grounds. 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: . Parks and playgrounds . Bicycle, hiking and nature trails . Recreational shelters and restrooms . Recreational fields, sports facilities and courts . Community centers . Restaurant or snack bar in conjunction with recreational activities . Water management facilities and essential services . Collier County Fair Grounds . State of Florida Forestry Department facilities . Fire State Site . Other governmental facilities . Park and ride facilities . Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). DEVELOPMENT STANDARDS A. B. C. D. E. F. Minimum site area: None Minimum setback from tract boundaries: 50' Minimum setback from road right-of-way: 25' Maximum height of structures: 25' (except fire observation tower) Minimum distance between buildings: Y2 the sum of their heights Minimum standards for parking, lighting, signs, and .landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. 23 8.01 8.02 8.03 SECTION VIII 'SP' SCHOOUP ARK PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, 'SP' SchoollPark. The SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier county Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The site shall be provided with potable water and sanitary sewer service in conformance with this documents and all applicable standards and requirements. An additional 11 acres is reserved for use as a community recreational park as shown 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: 1) 2) 3) 4) 5) 6) 7) Elementary or middle school and facilities Parks and playgrounds Bicycle, hiking and nature trails Recreational shelters and restrooms Recreational fields, sports facilities and courts Water management facilities and essential services Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ("BZA"). DEVELOPMENT STANDARDS 1) 2) 3) Minimum Site Area: As approved under Section 2.04 Minimum Site Width: As approved under Section 2.04 Minimum Yard Requirements: 30' from all'SP' tract boundaries for principal structures 20' from lake banks 4) 5) Maximum Height: 25' Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. 24 6) Distance Between Principal Structures: Y2 the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. . Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. 7) 8) 25 9.01 9.02 PURPOSE SECTION IX GENERAL DEVELOPMENT COMMITMENT~ The purpose of this Section is to set forth the general development commitments for the project. DEVELOPMENT COMMITMENTS A. ENERGY 1) 2) Construction shall comply with applicable local and state energy codes. Reasonable "good faith" efforts to utilize state-of-the-art energy conservation techniques shall be made with practically and economically feasible. Such techniques may include, but shall not be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi-family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area. c. Use of energy-efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fans. e. Installation of energy-efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. 26 B. c. 2) 1. Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. J. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. 1. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. m. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. TRANSPORTATION 1) Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, or Division 3.15 of the Land Development Code, as amended. The developer shall provide separate left and right turn lanes on Immokalee Road as the project's access if deemed necessary by either the Transportation Operations Director or Transportation Engineer, and shall fund one hundred percent of the capital cost of any traffic signals associated with the ingress and egress when deemed warranted by the County Traffic Operations Engineer. The signal shall be owned, operated and maintained by Collier County. 27 E. D. 3) The developer shall bear the entire cost of all traffic signals which may become needed at intersections within the project. WATER MANAGEMENT 1) A masterlconceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Enginee~. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water management for the Orangetree project shall implement water quality "best management practices" to the extent possible. 5) An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 6) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88-26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs/lakes is ever changed to a use other than agriculture, all areas of the reservoirs/lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. WATER AND SEWER 1) Water Facilities - Developer shall provide an on-site potable water source and shall construct an on-site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 28 2) Sewer Facilities - Developer shall construct an on-site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to Chapter 17 -6.O40( q), Florida Administrative Code, required to allow use of treated effluent in the proposed on-site drip irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80-112 showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection and transmission systems and the on-site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3) Plans Approval - All construction plans and technical specifications and proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to ~he project. 29 5) 4) Facilities Ownership and Conveyance - It is understood by Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution/collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn will agree not to make formal request to serve the project with water or sewer related services until on or after January 1, 2001. In that regard, Developer and any interim utility established to serve the Project shall enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water/sewer systems have been conveyed to Collier County, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. Rights-of-wayÆasements - All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on-site water or sewer plants, the plant site shall be conveyed back to the developer by applicable statutory deed and site utility easements shall be vacated, except that an easement shall be reserved for any connecting facilities required, pursuant to paragraph 6). 30 8) 6) Connection to county Water and/or Sewer Facilities - All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off-site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s). 7) Customers - All customers connecting to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off-site water and/or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer), and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. System Development Charges - During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission (PSC). 31 F. Developer agrees to pay all applicable system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the water or sewer utility treatment facilities as a part of its regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on-site treatment facilities. Notwithstanding the provisions of this subparagraph 8 a subsequent ordinance of general application, effective at the time of connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County which has contrary or differing provisions relative to the imposition of water and/or sewer system development charges or impact fees, shall be construed as superseding the applicable provisions of this subparagraph 8. 9) Developer shall be allowed up to ten (10) temporary private wells and individual sewage disposal systems as areas are developed prior to construction or expansion of the central systems. All such temporary facilities shall comply with applicable state and county regulations and shall acquire required permits. ENVIRONMENTAL 1) A site clearing plan shall be submitted to the Environmental Services Department Staff for its review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be 32 H. G. submitted to the Environmental Services Department Staff for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3) All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Environmental Services Department Staff. 4) If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Environmental Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Environmental Services Department Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Environmental Services Department Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. EDUCATION 1) The project shall fully mitigate its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. 2) Future development of the educational facilities within this PUD Zoning District shall be subject to the two Interlocal Agreements between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. FIRE PROTECTION 1) The developer commits to providing a central water system to all residential and commercial facilities which is capable of providing fire flow capacities as required by Collier County. , 33 9.03 9.04 2) Building heights shall be limited to twenty-five (25) feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. I. FISCAL The developer has agreed to dedicate a school site to the School Board, and to donate fifty-five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the project's fiscal impacts. DEVELOPMENT PLAN A. The Master Plan, Thomas Lucido & Associates Ref. No. 9020, is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. c. Minor design changes shall be permitted subject to County staff administrative approval. AMENDMENT Amendments of this PUD Document, or of the Master Land Use Plan, shall be accomplished according to the procedures set forth by Collier County for amendments to a planned unit development. 34 v <:> <:> "- N <:> <:> SI 0: \2DD2\200.Z0+4\tllltlblb\2DD4-œ-œ EXllBIT.dlfl Tob: SP at axil Wa, 05. 2004 - 11:JJam Plotted II, JonSmIlh U18n.1iI LAO J II 350":1: -H- J 1/ ~------------------~ 1 n(.)j ( '".£-1 1::: =- 'I ~ II II r-- I I SECTlON ~ B-B PERIMETER au FFER 50':1: , 900':1: I- :z: UJ ::E Q., C ...I UJ :> UJ c:I I I I I SEC1JON A-A I ÆRIMElER BUFFER I I Future Transportation Føcllllles or Ancl"ry PIenta ( Rllqu1r88 CcnIll5Dnal Ua& ) c:I :z: -< ...I I I I SECTION B-B I PERIMETER BUFFtR I I ) I ::IE ::J: en en <:> :\I <t 0 :\I n ORANGElREE l1TIllTI ES .I /J D .... :r :> :> ,¡ - -- .... " > ~ ... , > Fulunt TnllS lOlt8tJon SIIIeIIiID FaclitIe8 ( PermInIId UN j ~w't'~ ~~' ,IE ~ ,~~ .:~: ,:' "ír In 'j.: ::.,,; ~, ,~~w ,_I :¡~. :.~ ::3; :~rl' ¡¡¡.- 'c; .e "; ::.: =: -.: .~~ I c- Futun E.s.E. FacUlies ( Pønnlt!ed Use) ~r}' .lr-- ~ -- Palmetto Ridge High School 400 SCAlE IN FEET SCALE: 18 - 400' N <:> <:> §J 10 C> N en 0 :z: x a: , x I-¡ ~, <:> .- c:I UJ 3: v <:> <:> N , 10 <:> "'- 10 <:> 400 U: \2002\2002C144\Exhlblt8\2004-05-0~ [) )IIIIT,dlll; Tab: lø~ (2) Way 05, 2004 - 1t:33om PlGtt.d b)C JonSmUIl "'" 0 0 "- (') 0 0 L§I to- :z UJ :z Il.. C) ..J UJ :> UJ c c :z < ..J :z :z: CI) CI) 0 (\ "'" 10 (\ CI) ..J UJ t- CD r- N r- <t- o 0 :-.I "- 0 ::> "- " ::> M 0 0 10 0 (\ CI) WAJERWAVS OF HAPl£S /. PAUIETTO RJDCE HIGH 5æOOL TVP£ '8' lANDSCAPE BUFfER\ TREE - 40'-50" HIGH (AT "AlURITY) 1 0"-12' HIGH SHRUBS (AT MATURiTY) "'" 0 C> (\ "- 10 C> "- 10 C> C) z: x a: "- x t- '-' C> r- r- PROPERTY UNE 0 LJ.J 3= 50' BUFFER / PERIMEtER BERM 5" 20' 20' TOP OF' BERM EL- 21.5' :t.: EXIST. GRADE ----~Æ~~~----------- U:\2002\2002044\Exhlblb\2004-C5-05 EIIHIBIT.dwg tab: 1.a)Wt2 (3) tolay Q~ 2004 - 1t:Je5am Plotted 1I¡c JcnSmI!h v 0 0 "- v 0 0 §J "'" 0 0 ¡§J LO 0 ~I I ~I ! x; a: "- x I- L-..o 0 .- .- J' J' 3' TOP OF BERM El.- 17.0" htiN. Di W! ~I I v 0 0 N "- LO C> "- LO 0 I- :z: w ::E D- o ~ w :>- w 0 PROPERTY UNE PROJECT SllE 15' Yt1DE TYPE "0" LANDSCAPE BUFFER 0 :z: < ~ J 1 t....... EXIST. GRADE - - (VARIES) ii.M - ::E :r: CI) CI) 0 :\I .,. 0 :-J 7:) PERIMETER BUFFER SECTION a-B N.T.s. .J IJ 0 " :t :> :> " .... :) :> ... :) ) 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. 2004-30 Which was adopted by the Board of County Commissioners on the 11th day of May, 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 18th day of May, 2004. """'" DWIGHT E. BROCK, <")~t," 11J1¡;:\\": Clerk of court,~,\~i;I.d."o.~1::'k \ f f . ,- '-j;' d f" ~ I Ex-o l.Cl.O tG)-' 90~J~: 0 ..". .:: I!, County Commj:'sslQ~Mt:s "'-, .,"'->~~.I, , . ,:;' [\~:'>, ~' ':'~.'\~; :1;~ ~ tl j ., i.' ":_'.I..'."'.:;.'.-~..'.,.'" .~1"\-.'C l)..A.Ã.Á-^'- (" . '.' . "'1-1', . . ,<' 4-J/'" ." ,~-":,,,,:>\>:,;; :.',1/ By: Ann Je "':œ~jqh:Î1 ~-'~""'-':..,~,,::,'.f Deputy C:1Eh;1f'."."..""'i~ ) .-- "I ,'Jt)""11~::j','.'> ,-- \ \ - ~ "'; ; '. ,- , \ , ' " , "'" ".'