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Ordinance 2004-74 !O~_3031..... ~ ~ "~~ ~ --. ~ C .._1 ';. ORDINANCE NO. 04 - 74 R _. ~ to ~ j ~N ORDINANCE OF THE BOARD OF COUNTY ~6'.l ~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA, "'a9lg\.""~ AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA TIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS, BY CHANGING THE ZONING CLASSIFICA nON OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT (PUD) ZONING DISTRICT TO PUD ZONING DISTRICT FOR A MIXED USE PLANNED UNIT DEVELOPMENT TO BE KNOWN AS THE ORANGE BLOSSOM RANCH PUD LOCATED ON THE NORTH AND SOUTH SIDES OF OIL WELL ROAD (C.R. 858) APPROXIMA TEL Y ONE MILE EAST OF IMMOKALEE ROAD (C.R. 846) IN SECTIONS 13, 14, AND 24, TOWNSHIP 48 SOUTH, RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOUTH, RANGE 28 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 616i: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, representing Bryan W. Paul, 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 I COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: -- : .';.) ,. " ') ;~ 4) ,-1 SECTION ONE: ".~~ ..... -.~ , - C:--i ---~: C) l-"...rr. The zoning classification of the herein described real property located in Sections 13, 14, and 24, Township 48 South, Range 27 East, and Section 19, Township 48 South, Range 28 East, Collier County, Florida, is changed from a PUD Zoning District to a PUD Zoning District for a mixed use Planned Unit Development in accordance with the Orange Blossom PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein identified as PUD-2003-AR-4150. The appropriate Official Zoning Atlas Map or Maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code is/are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon fiiing with the Department of State. Page ] of 2 ~>--_.-._~ ,..-- '" ___""_4'M.,,___'.'._ PASSED AND DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this J Co'i/A- day of ~, 2004. BOARD OF COUNTY COMMISSIONERS COLLIER COUN Y, FLORIDA BY: .J~ PUDZ-2003-AR-4150RBlloIsp Page 2 of 2 - ------_.._~- .,.."".C""__"__"_'~'"'"'" -'--'-- ORANGE BLOSSOM RANCH A MIXED USE PLANNED UNIT DEVELOPMENT PREP ARED FOR: Bryan Paul Citrus, Incorporated P.O. Box 2357 Hwy78-A Labelle, FL 33935-2357 PREPARED BY: Q. Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Florida 34134 and Woodward, Pires and Lombardo, P.A. 3200 Tamiami Trail North Suite 200 Naples, FL 34103 DATE REVIEWED BY CCPC DA TE APPROVED BY BCC 11-16-2004 ORDINANCE NUMBER ()4-74 AMENDMENTS AND REPEAL DOCUMENT DATE EXHIBIT "A" G:\BellowsIAR-4150, Orange Blossom RanchlPUD (11-19-04) Clean.doc n____ ^ ".~~-- .'-' --- '0' __ ... _......,~., INDEX PAGE List of Exhibits 11 Statement of Compliance III SECTION I Property Ownership, Legal General Description and Short Title 1-1 SECTION II Project Development 2-1 SECTION III Residential/Golf Development Areas 3-1 SECTION IV Commercial/Office 4-1 SECTION V Community Facility 5-1 SECTION VI General Development Commitments 6-1 G:\BellowsIAR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 1 _.,"---~.....- - ,,,~...,.,._., ,..,.,---,~~_. LIST OF EXHIBITS EXHIBIT "A" Conceptual Master Plan and Water Management Plan EXHIB IT "B" Legal Descriptibn EXHIB IT "C" Property Ownership Information G:\Bellows\AR-4150, Orange Blossom RanchlPUD (J 1-19-04) Clean.doc 11 ----"~ . ~ -.,-. .".-.,...~_..- STATEMENT OF COMPLIANCE The development consists of 616:f: acres of property in Collier County as a Mixed Use Planned Unit Development (MPUD) to be known as the Orange Blossom Ranch MPUD, which will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan (GMP). The Orange Blossom Ranch MPUD is a mixed-use residential community with associated community facility, recreational, and commercial uses and will be consistent with the applicable elements of the Collier County GMP for the following reasons: 1. The subject property is within the Settlement Area District Designation as identified on the Future Land Use Map, which permits a wide variety of land uses, including commercial, residential, community facility and recreation. 2. The total acreage of the MPUD is 616 :f: acres. The maximum number of dwelling units to be built on the total acreage is 1,600. The number of dwelling units per gross acre, less the 44:f: acre Commercial/Office area, is approximately 2.8 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. No maximum densities have been established in the Settlement Area District. The MPUD proposes the inclusion of community shopping and office development which will serve the surrounding area, on approximately 44 acres. The maximum gross leasable area for commercial uses shall be 200,000 square feet. These uses are consistent with the Settlement Area District of the Future Land Use Element and Golden Gate Area Master Plan in that these areas meet the criteria outlined in the Future Land Use Element, Golden Gate Area Master Plan, and Subsection 2.03.06 of the Land Development Code (LDC) ). 3. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Improvements are planned to be in compliance with applicable sections of the Collier County LDC as set forth in Objective 3 of the Future Land Use Element. 6. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. All final local development orders for this project are subject to Section 6.02.00, Adequate Public Facilities, of the Collier County LDC. G:\BellowsIAR-4150, Orange Blossom RanchlPUD (11-19-04) Clean.doc III "~-_.- '.. ,,""',-~-^ -^.>--"_...._-"~,._., SECTION I PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose 0 f this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name ofthe Orange Blossom Ranch MPUD. 1.2 LEGAL DESCRIPTION Please see Exhibit "B", Legal Description. 1.3 PROPERTY OWNERSHIP Please see Exhibit "C", Property Ownership. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located to the north and south of Oil Well Road, north of the developed portions of the Orangetree PUD. The property lies approximately 7 miles east of C.R. 951 (Collier Boulevard) and approximately 12 mile east of C.R. 846 (Immokalee Road). B. The zoning classification of the project prior to approval of this MPUD document was PUD, as part of the Orangetree PUD. 1.5 PHYSICAL DESCRIPTION A. The project lies within Collier County Main Golden Gate Canal Basin. B. Water management facilities for the project shall be designed and constructed with discharge via the Golden Gate Canal subject to approved SFWMD permit(s), C. Elevations within the site vicinity are flat. The elevation of the subject site is approximately sixteen feet (16') above mean sea level. The entirety of the site lies within Flood Zone "D" according to Firm Map # 120067 250 D, revised June 3, 1986. D. Surficial sediments on, and in the vicinity of the project, are primarily fine quartz sands and organic loams over shallow limestone bedrock. Specific soil types found on the project include: malabar fine sand, basinger fine sand and boca fine sand. E. The subject property at the time of rezoning is currently in active citrus production. No native vegetation exists on-site. G:\Bellows\AR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 1-] , ~'~',._-.,.'--' ._"""'''' ._.,",.",".~".,-- "'-.------. -""'-<-'" ~.,., ~"-'-"" 1.6 PROJECT DESCRIPTION The MPUD is a mixed-use residential single family and multi-family community with a maximum of 1,600 units designated "RIG" dwelling units and 200,000 square feet of commercial and office leasable area within areas designated "C/O" on the master plan. Recreational facilities may 'be provided in conjunction with the dwelling units. Residential land uses, recreational uses, community facility uses, commercial uses and signage are designed to be harmonious with one another in a natural setting by using common architecture, appropriate screeninglbuffering, and native vegetation, whenever feasible. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Orange Blossom Ranch MPUD". G:\BellowsIAR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 1-2 "~M.'._____~"_"'~ ..__._.~--~,~,~-,._, ._.,-",-~,""~.~---,,.._,,---_._-- -----~.., -'.~' ---~,..,~ ---,........ SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Development of the MPUD shall be in accordance with the contents of this Planned Unit Development Document and, to the extent not inconsistent with this MPUD Document, applicable sections of the Collier County LDC, as amended, in effect at the time of issuance of any development order to which such regulations relate, such as but not limited to final site development plan, excavation permit, and preliminary work authorization,. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Orange Blossom Ranch MPUD shall become part of the regulations which govern the manner in which the MPUD site may be developed. D. Except as modified, waived or excepted by this MPUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this MPUD. E. Development permitted by the approval of this MPUD will be subject to concurrency review under the provisions of Chapter 6, Adequate Public Facilities, of the LDC. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated by Exhibit "A", the MPUD Master Plan. The specific location and size of individual tracts and the assignment of dwelling units (uses) thereto shall be determined at the time of detailed site development planning or platting. B. The final size of the recreation and open space areas will depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. G:\BellowsIAR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean,doc 2-1 ,._"-~.~-",,,,,--,------_.._-,.. ~,--,"-,-",..<_.._---_.,-_.~.,->- ',",.,."._-~", , ._~_"_o, 2.4 ROADWAYS A. Roadways within the Orange Blossom Ranch MPUD may be privately owned and maintained or owned or operated and maintained by a community development district. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this MPUD or approved during subdivision plat approval. The developer reserves the right to request substitutions to the LDC design standards in accordance with Chapter 10 of the LDC. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate on all internal and privately, or CDD owned, or operated and maintained project roadways. B. Roadways within the Orange Blossom Ranch MPUD shall be designed and constructed in accordance with Chapters 4 and 6 of the LDC with the following substitutions: C. Deviations from Construction Standards Streets and access improvements 1. 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. Drive aisles serving multi-family tracts shall not be required to meet this standard. The publicly accessible roadway corridor which provides for an interconnection between Oil Well Road and the CF designated lake parcel shall be permitted to be sixty (60) feet in width. 2. Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. 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. 4. Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. D. Other Deviations Sidewalks, bike lanes and bike paths 1. Chapters 4 and 6 of the LDC, G:\Bellows\AR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 2-2 ",~_..-",,-"- . ".",_"~__,"_~.'_A.'.,~. ._~---_._._---".~-,-~._-~,--<-- <~'-_._~ ~--~---",_.-.._._,.~_.~,.,- The publicly accessible entry road extending from Oil Well Road to the CF designated parcel shall have a minimum eight foot (8') wide pathway on one side of the street, or a 5 foot wide pathway on both sides of the street which may meander iIi. and out of the right-of-way. 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Sections 22-106 through 22-119 of the Code of Laws and Ordinance of Collier County, Florida may be reduced subject to the provisions established in the Code of Laws and Ordinance of Collier County, Florida. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths subject to permit approval of the South Florida Water Management District. 2.6 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium plat for all or part of the MPUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the MPUD Master Plan, the Collier County LDC and the platting laws of the State of Florida. B. Exhibit "A", the MPUD Master Plan, constitutes the required MPUD development plan. Any division of property and the development of the land shall be in compliance with Chapter 10 of the Collier County LDC and the platting laws of the State of Florida. C. The provisions of Chapter 10 of the Collier County LDC shall apply to the development of all platted tracts or parcels of land as provided in said Chapter prior to the issuance of a building permit or other development order. D. Utilization of lands within all project public rights-of-way for landscaping, gatehouses access control features, decorative entrance ways, architectural features 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 of plant material or construction. Private and community development district owned rights-of-way may be utilized for landscaping, gatehouses access control features, decorative entranceways, architectural features and signage at the discretion of the developer. E. Utility, road, public and private easements shall be established as required during the site development plan and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. G:\Bellows\AR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 2-3 ..."__~_M'.""' .-..,-----..--...- ~.,._,-~-_.,-,..<'.."-^,.~--. ._-~^-"'". --.- 2.7 MODEL HOMES, MODEL SALES OFFICE AND CONSTRUCTION OFFICE A. Model homes sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, parking areas, and signs, shall be' permitted principal uses throughout the Orange Blossom Ranch MPUD. These uses shall be subject to the requirements of Subsection 5.04.04, Subsection 10.02.05 C and Subsection 10.02.03 of the LDC. B. Model homes may be permitted in single family, multi-family and townhome buildings and up to 8 single family and/or one 8-unit multi family building per platted tract or area subject to site development plan approval may be utilized for wet or dry models, subject to the time frames specified in Subsection 5.04.04 ofthe LDC. 2.8 AMENDMENTS TO MPUD DOCUMENT OR MPUD MASTER PLAN Amendments may be made to the MPUD Document and MPUD Master Plan as provided herein and in Subsection 10.02.13 of the LDC. 2.9 COMMON AREA MAINTENANCE Common area maintenance shall be provided by a property owners' association or community development district (CDD). The association or CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by association or CDD, the developer will create a property owner association(s), or condominium association(s) whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The master, or the property owners' association, or CDD, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems serving the Orange Blossom Ranch MPUD. 2.10 DESIGN GUIDELINES AND STANDARDS Planned unit development districts are intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts ofland under unified ownership or control, as set forth in Subsection 2.03.06 of the LDC. Commercial components of the project shall be subject to Subsection 5.05.08 of the LDC. .-- 2.11 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Orange Blossom Ranch MPUD. General permitted uses are those uses which generally serve the developer, property owners and residents of the Orange Blossom Ranch MPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County LDC, Subsection 2.01.03. G:\Bellows\AR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 2-4 _.-. ~-~-----~--"..".^ --.-.----.-...-,--.-....-....-- .-.-.-...... ".-~. ....._..._-,~.,. 2. Water management facilities and related structures. 3. Temporary water and sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, architectural subdivision entry features and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrati ve offices for the developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. 8. Model homes sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate or such as, but not limited to, pavilions, parking areas, and signs. These uses shall be subject to the requirements of Subsection 5.04.04, Subsection 10.02.05 C and Subsection 10.02.03 of the LDC. 9. Landscape features including, but not limited to, landscape buffers, berms, fences and walls in accordance with the Collier County LDC in effect at the time permits are requested unless otherwise specified herein. 10. Agricultural uses and related accessory uses. However, agricultural operations shall cease upon recordation of a plat or approval of a site development plan for a specific tract. 11. Any other use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible. B. Development Standards Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15'). Guardhouses, gatehouses, fences, walls, columns, decorative architectural features and access control structures shall have no required setback. 2. Setback from exterior property lines - One half (12) the height of the structure. G:\Bellows\AR-4150, Orange Blossom RaTIch\PUD (11-19-04) Clean_doc 2-5 ^ --,"'~ ~~----,",,~._'"- -~._..._-",-- ~ _.._~ ~--" ,.,~-----~_. 3. Minimum distance between structures, which are part of an architecturally unified grouping - Ten feet (10). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor' area - None required. 6. Minimum lot or parcel area - None required. 7. Maximum Height - Thirty feet (30') for guardhouses and decorative architectural features. 8. Sidewalks, bike paths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bike path, or cart path. 2.12 OPEN SPACES REQUIREMENTS Subsection 4.02.01 of the LDC requires that mixed-use PUDs provide a minimum of 30% open space. At the time of site development plan or plat approval, the developer shall demonstrate compliance with this requirement. For purposes of this requirement, a minimum of 10% of the C/O area shall be open space. 2.13 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Orange Blossom Ranch MPUD. A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground covered berms Perimeter 3:1 Internal to project 3:1 3. Structural walled berms - vertical Fence or wall maximum height: Six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation. G:\Bellows\AR-4150, Orange Blossom RanchlPUD (11-19-04) Clean.doc 2-6 ",__~,~,.w_"...., .".,,_""_' ~. ,.___.....,,~_ ---.-- . - --,..".,~," --, _.-,.. _.~- SECTION In RESIDENTIAL/GOLF "RIG" 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Orange Blossom Ranch MPUD designated on the Master Plan as "RiG", Residential/Golf. 3.2 MAXIMUM DWELLING UNITS A maximum of 1,600 dwelling units of various types may be constructed within areas designated RiG on the Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "RiG," Residential/Golf on the Master Plan are designed to accommodate a full range of residential dwelling types and general permitted uses as described by Section 2.11 and a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential/golf development is indicated on the MPUD 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 in accordance with Chapter 4, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family attached and detached dwellings, town homes. 2. Single family patio and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Multi-family dwellings including coach homes and garden apartments. 5. Recreational facilities such as parks, playgrounds, and pedestrianlbikeways. 6. Golf courses and golf course related clubs and facilities, including clubhouses, restaurants, pro shops, tennis courts, swimming pools and similar recreational facilities. G:\BellowsIAR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean_doc 3-1 .~,,_.... ~---"..,,--,._,..... '"..._--~ 7. Indoor and outdoor recreation facilities, including but not limited to community centers, swimming pools, tennis courts, and the like. 8. Gazebos, architectural features, fishing piers, courtyards, golf course shelters. 9. Indoor parking facilities and outdoor parking lots. 10. Those uses outlined in Section 2.11.A herein. 11. Collier County Public Schools -Educational facilities limited to a maximum single 20 acre tract located only in the area on the north side of Oil Well Road contiguous to Oil Well Road. The location of the C/O area may be modified or adjusted if a Collier County public school is located in this limited designated area. Such modification or adjustment is and shall be deemed to be an insubstantial change to the MPUD Document and MPUD Master Plan B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. No accessory structures associated with a Collier County public school are allowed or permitted. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the residential land uses within the Orange Blossom Ranch MPUD RIG Development Area. B. 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. C. Standards for parking, landscaping (excluding landscape buffer width), 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. D. Development standards for uses not specifically set forth in this Section shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. E. During the platting process, the developer shall identify the specific housing type intended for each platted tract. G:\Bellows\AR-4150, Orange Blossom RanchlPUD (11-19-04) Clean.doc 3-2 -.,-.---- -""'---"- -.' ---.",-."'.-'"'..-.....,.,--....... F. Development standards for non-residential uses within RIG Designated Areas of the Conceptual Master Plan 1. Minimum lot area - None required. 2. Yard requirements: a. Front: 25 feet b. Side: 10 feet c. Rear: 0 feet if abutting a golf course or lake, 20 feet if abutting a residential tract. However no structure shall be permitted to encroach into a lake maintenance easement. 3. Maximum heights: 40 feet not to exceed 3 stories. 4. Parking requirements for non-residential uses a. Golf club, golf related facilities, restaurants, pro shops, tennis facilities and spa - 3 spaces for every one thousand (1,000) square feet of gross floor area of the golf club. If a restaurant is open to the general public, then parking for the restaurant use shall be provided in accordance with UDC parking provisions. For purposes of this Section, the calculation of gross floor area shall not include under-building parking or cart storage facilities. b. Accessory uses and structures - No separate parking area is required for any accessory use within the "RIG" area. 5. Building Separation: Principal buildings shall be separated a minimum 15 feet. Principal buildings may be attached to accessory structures, such as covered walkways, pergolas and similar structures commonly used to provide for pedestrian protection. 6. Signage shall be consistent with provisions of Subsection 2.03.06 and Subsection 5.06.04 of the LDC, and may be permitted at the locations conceptually shown on the Master Plan. 7. Landscaping shall be in accordance with Subsection 4.06 of the LDC. G:\Bellows\AR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 3-3 -. ._-,- --.,.,.-.. ___~_,~_.~.,__o<_._'","_~" -----" TABLE I ORANGE BLOSSOM RANCH COMMUNITY DEVELOPMENT STANDARDS FOR "RIG" RESIDENTIAL AREAS PERMITTED USES Single Zero Lot Line Two Family and Single Multi- AND STANDARDS Family *7 Duplex Family Family Detached Attached Dwellings and Townhouse Category 1 2 3 4 5 Minimum Lot Area 4,200 SF 4,000 SF 3,500*2 1,700 SF 9,000 SF Minimum Lot Width *3 42' 40' 35' 17' 90' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard*6 20' 20' 20' 20' 20' Side Yard 6' o or 6' *4 o or6' o or *4 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard Accessory * 1 10' 10' 10' 10' 10' Maximum Building 45 feet Height not to exceed 3 35 feet 35 feet 35 feet 35 feet stories Distance Between Detached Principal Structures *5 12' 12' 12'*5 12' 20'*5 Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 1000 SF 750 SF All distances are in feet unless otherwise noted. *\ - Rear yards for accessory structures on lots and tracts which a abut lake or golf course may be reduced to 0 feet; however, there shall be no encroachment into a maintenance easement. *2 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *3 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *4 - Zero foot minimum side setback on one side as long as a minimum l2.foot separation between principal structures is maintained. *5 - Building distance may be reduced at garages to a minimum of 10 feet between garages where attached garages are provided. *6 - Front entry garages shall be set back a minimum of 23 feet from edge of any provided sidewalk. A.minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. For comer lots, front setbacks shall apply to short side of lot. The set back on the long side of lot may be reduced to a minimum of \5 feet. *7 - A conceptual plan for any tract utilized for zero lot line development shall be approved concurrent with a plat for the tract. G:\Bellows\AR-4150. Orange Blossom Ranch\PUD (11-19-04) Clean.doc 3-4 ~._".._._"..~ ~_.._-"------ "",,~"~,-- -~~~-"--" SECTION IV COMMERCIAL/OFFICE AREA "C/O" 4.1 PURPOSE The purpose of this Section is to set forth the permitted uses and development standards for areas designated as Tract "CO", Commercial/Office Area on Exhibit "A", MPUD Master Plan. 4.2 MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 44:t acre Commercial/Office Area (Tract "CO"), shall be developed with not more than 200,000 square feet of commercial/office uses. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses1: 1. Travel agencies (Group 4724) 2. Any contractor business as defined In the Standard Industrial Classification Manual for the following Major Groups: a. 15 - Building construction- general building contractors and operative builders (no outdoor storage permitted). b. Groups 1711 - 1793, 1796 - 1799 Construction - special trade contractors (no outdoor storage permitted). 3. Any establishment engaged in printing utilizing common processes, classified under the following industry groups: a. Groups 2711, 2721, and 2752 - Newspapers and periodicals: publishing or publishing and printing 4. General warehousing and storage (Group 4225), indoor storage. 5. United States Postal Service (Group 4311), except major distribution center. 6. Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: a. Industry group 521 - Lumber and other building materials dealers. 1 Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. G:\Bellows\AR-4150, Orange Blossom RanchIPUD (11-19-04) Clean.doc 4-1 - ".-"-,,-~_._..._--<.._.._.,.._._, -_._,---"_. b. Industry group 523 - Paint, glass, and wallpaper stores. c. Industry group 525 - Hardware stores. d. Industry group 526 - Retail nurseries, lawn and garden supply stores e. Major Group 53 - General merchandise stores. 7. Any retail store engaged in selling food as defined under Major Group 54 in the Standard Industrial Classification Manual, except freezer food plants. 8. Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (with service facilities), as defined in the Standard Industrial Classification Manual for the following categories: a. Industry group 553 - Auto and home supply stores; b. Industry group 554 - Gasoline stations, including service stations and marine service stations. 9. Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. 10. Any retail businesses engaged in selling home furniture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 11. Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in the Standard Industrial Classification manual. Drinking places (Group 5813) shall be permitted only in conjunction with eating places (Group 5812). 12. Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 593 - Used merchandise stores; 596 - nonstore retailers; 598 - fuel dealers, Group 5999 - gravestones, police supply, sales barns; and not including the retail sale of fireworks. 13. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60,61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. 14. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. Industry group 721 - Laundry, cleaning, and garment services, only dry-cleaning and coin laundry. b. Industry group 722 - Photographic portrait studios; c. Industry group 723 - Beauty shops; d. Industry group 724 - Barbershops; G:IBellowsIAR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 4-2 ~~"---'--~- -- - , J J ~_.,~---_. . . -....." -.. ._"..,-~ e. Industry group 725 - Shoe repair shops and shoeshine parlors; f. Industry group 729 - Miscellaneous personal services, only including Group 7291 - tax return preparation services, and Group 7299 personal services, only including car title and tag service, computer photography or portraits, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service and tanning salons. 15. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following industry numbers: a. Group 7311 - Advertising agencies. b. Group 7313 - Radio, television, and publishers' advertising representati ves. c. Group 7331 - Direct mail advertising services. d. Group 7334 - Photocopying and duplication services. e. Group 7335 - Commercial photography. f. Group 7336 - Commercial art and graphic design. g. Group 7338 - Secretarial and court reporting services. h. Group 7352 - Medical equipment rental and leasing. 1. Group 7359 - Equipment rental and leasing, not elsewhere classified. J. Groups 7371 -7379 - Computer services. k. Group 7383 - News syndicates. l. Group 7384 - Photo finishing laboratories. m. Group 7389 - Business services except automobile recovery, automobile repossession, batik work, bottle exchanges, bronzing, cloth cutting, contractors' disbursement, cosmetic kits, cotton inspection, cotton sampler, directories-telephone, drive-away automobile, exhibits-building, filling pressure containers, field warehousing, fire extinguisher, floats-decoration, folding and refolding, gas systems, bottle labeling, liquidation services, metal slitting and shearing, packaging and labeling, patrol of electric transmission or gas lines, pipeline or power line inspection, press clipping service, recording studios, repossession service, rug binding, salvaging of damaged merchandise, scrap steel cutting and slitting, shrinking textiles, solvent recovery, sponging textiles, tape slitting, texture designers, textile folding, tobacco sheeting, window trimming, and yacht brokers. 16. Groups 7513 - 7549 - Automotive repair, services, parking (except that this shall not be construed to permit the activity of "tow-in parking lots"), and carwashes (Group 7542), abutting residential zoning districts shall be subject to the following criteria: a. Size of vehicles. Carwashes designed to serve vehicles exceeding a capacity rating of one ton shall not be allowed. b. Minimum yards. 1. Front yard setback: 50 feet. G:\Bellows\AR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 4-3 --- "",,---,,".. ~<--,-~,_. "~,.,__~_~"..~_. .'_m.,,~ _.,.._.__ ---"'.-.--,...---~_.,. - . 2. Side yard setback: 40 feet. 3. Rear yard setback: 40 feet. c. Minimum frontage. A carwash shall not be located on a lot with less than 150 feet of frontage on a dedicated street or highway. d. Lot size. Minimum 18,000 square feet. e. Fence requirements. If a carwash abuts a residential district, a masonry or equivalent wall constructed with a decorative finish, six feet in height shall be erected along the lot line opposite the residential district and the lot lines perpendicular to the lot lines opposite the residential district for a distance not less than 15 feet. The wall shall be located within a landscaped buffer as specified in Subsection 4.06 of the LDC. All walls shall be protected by a barrier to prevent vehicles from contacting them. f. Architecture. The building shall maintain a consistent architectural theme along each building fa9ade. g. Noise. A carwash shall be subject to Ordinance No. 90-17, Collier County Noise Control Ordinance [Code ch. 54, art. IV]. h. Washing and polishing. The washing and polishing operations for all car washing facilities, including self-service car washing facilities, shall be enclosed on at least two sides and shall be covered by a roof. Vacuuming facilities may be located outside the building, but shall not be located in any required yard area. l. Hours of operation. Carwashes abutting residential districts shall be closed from 10:00 p.m. to 7:00 p.m. 17. Group 7841 - Videotape rental. 18. Group 7991 - Physical fitness facilities and Group 7999 - Amusement and recreation services, not elsewhere classified, including martial arts and dance instruction. 19. Groups 8011 - 8059,8071-8072 - Health services, including offices of oncologists. 20. Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. 21. Establishments providing educational services as defined in Major Group 82 in the Standard Industrial Classification Manual. 22. Group 8351-Child day care services G:IBellowsIAR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 4-4 ",._-,- """,,,,-- "",,"---"--"--"-"'~'._.~-, . '~-~-" ..'- 23. Group 8412- Museums and art galleries 24. Establishments operating a variety of membership organizations as defined in Major Group 86 in the Standard Industrial Classification Manual. 25. Establishments operating primarily to provide engineering, accounting, research, and management for the following industry numbers: 1. Group 8711 - Engineering services. 2. Group 8712 - Architectural services. 3. Group 8721 - Accounting, auditing, and bookkeeping servIces. 4. Group 8732 - Commercial economic, sociological, and educational research. 5. Group 8742 - Management consulting services. 6. Group 8743 - Public relations services. 7. Group 8748 - Business consulting services. 26. Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. 27. Major Group 92 - Offices for police, fire and public safety. 28. Agricultural uses, however, agricultural uses shall cease upon commencement of site development on the commercial tract. 29. Any other comparable land use as determined by the Board of Zoning Appeals. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1. Parking facilities and signage. 2. Caretaker's residences. 3. Outdoor storage of vehicles associated with a principal use; however, no outdoor equipment storage is permitted. 4.4 DEVELOPMENT STANDARDS A. Minimum lot area: 10,000 square feet. B. Average lot width: 100 feet. C. Minimum yards (internal): G:IBellows\AR-4150, Orange Blossom RanchlPUD (11-19-04) Clean.doc 4-5 ""_.._~.,,- ,... ..~_.._._. m .~~~_. ----~-- ..,~~ 1. Front Yard: 20 feet, except that a minimum 25 foot building setback shall be maintained from Oil Well Road (C.R. 858). 2. Side Yard: None, or a minimum of 5 feet, with a minimum of 10 feet betWeen structures. 3. Rear Yard: 15 feet. 4. Parcels with two frontages may reduce one front yard by 10 feet. D. Minimum distance between principal structures: Fifteen (15) feet. E. Maximum height: 45 feet, except for architectural appurtenances, which shall not exceed 60 feet. F. Minimum floor area: 1,000 square feet per principal structure, on the first finished floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet and are not subject to the setback requirements set forth above. G. Maximum gross leasable floor area: 200,000 square feet. H. Off-street parking and loading requirements: As required by Chapter 4 of the LDC in effect at the time of site development plan approval. J. Architectural requirements: Commercial/office development In this MPUD shall have a common architectural theme for principal structures, which shall include landscaping, slgnage and color palate. Commercial/office development site design shall conform with the guidelines and standards of Subsection 5.05.08 of the LDC. K. The distance and separation requirements for establishments selling alcoholic beverages for consumption on premises set forth within Subsection 5.05 of the LDC shall not apply. There shall be no distance and separation requirement applicable to uses in the "C/O" District. L. Signage locations for residential and commercial components of the project may be permitted at the project entrances and / or within private and CDD roadway medians as shown on the conceptual master plan, subject to size and copy criteria found in the LDC. G:\Bellows\AR-4150, Orange Blossom RanchlPUD (11-19-04) Clean.doc 4-6 ..,----_."-~~-""-,..".... -- ._"--,,,..._-,~ ..-..,-,--,",..-" --"... "..- SECTION V COMMUNITY FACILITY DISTRICT "CF" 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Orange Blossom Ranch MPUD community designated on the Master Plan as the "CF" Community Facility District. 5.2 GENERAL DESCRIPTION Areas designated as "CF" Community Facility on the Master Plan are designed to accommodate a full range of community facility uses and functions. The primary purpose of the CF District is to provide for facilities that may serve the community at large with governmental, administrative, and recreational uses. 5.3 USES PERMITTED No building or structure or part thereof, shall be erected altered or used, in whole or in part for other than the following, subject to regional, state and federal permits when required: A. Principal Uses 1. Parks, golf courses, passive recreational areas, boardwalks, fishing piers. 2. Recreational shelters and restrooms. 3. Drainage, water management, irrigation for all properties within the MPUD and adjacent properties [including excavating necessary to provide same], and essential utility facilities. 4. Governmental administrative offices. 5. Public or private schools. 6. Educational services. 7. Childcare centers. B. Accessory uses and structures such as parking lots, walls, berms and signage. 5.4 DEVELOPMENT STANDARDS Development standards for all structures shall be in accordance with the following requirements: G:IBellowsIAR-4150, Orange Blossom RanchlPUD (11-19-04) Clean.doc 5-1 ....~.,~-- --- -. ~".- ,-----~-'~" ~ --~"--~"---,..~.., A. Minimum building setback shall be 25 feet for principal structures and 10 feet for accessory structures. B. Maximum height of structures - Thirty-five feet (35'). C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the Collier County LDC in effect at the time of site development plan approval. G:\BellowsIAR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 5-2 ,"'~"""''''''''~'";''''''''- u..^,. '-'~-"-"~--""~"~'''''''''''' M__._.._. ._'b"_~~~~_'__'_';_'"__"_'_ ""-'- SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Orange Blossom Ranch MPUD. 6.2 MPUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations except where specifically referred or modified herein. B. The MPUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries and acreage allocations shown on the plan are conceptual and approximate and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING A. Except as noted herein, all project development shall occur consistent with Chapter 4 and Chapter 10 respectively, of the LDC. 6.4 UTILITIES A. The developer agrees that locations for a total of no more than five (5) potable water well sites shall be made available for use by Collier County Utilities for the Northeast Regional Water Treatment Facilities. Conceptual locations as agreed upon by the developer and Collier County are shown on Exhibit A. Three (3) of these well sites shall be utilized only for wellheads and shall consist of a well enclosed in a concrete vault structure, an above grade electrical control panel with telemetry interface and a driveway for access. Two (2) of these sites shall be utilized for wellheads, a control building and a driveway for access, and shall be located on, or adjacent to a non-residential tract. The control building shall include electrical equipment and an emergency power generator unit. The three wellhead sites excluding any the control buildings shall be located within a 30 foot by 30 foot easement area. The two wellhead/control building sites shall be no more than 50 feet by 50 feet. Necessary pipeline and driveway easements shall be granted to Collier County Water Sewer District at no acquisition cost. The County shall landscape and maintain all sites to minimize the impacts on the community. The landscaping shall be compatible with that utilized in the Orange Blossom Ranch development. All driveway materials shall be similar to the materials utilized in other driveways in the adjacent area. All G:\Bellows\AR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 6-1 ....-...., --_..,~_..- o,"___~_ ,""P"- ",,--.,.,_._~_,__._",__,q_," ...~ concrete vault structures and control buildings shall be constructed to blend architecturally with the community. To the maximum extent possible, the pipeline easements for the raw water transmission main shan be located by the County in proposed roadways, adjacent to proposed rights-of-way, or along platted property lines. All final well site and pipeline locations shall be provided to the developer during the platting process of the development. Multiple platting of the project may occur. The County agrees upon request of the developer to modify and adjust final well site and pipeline locations to best accommodate the uses in the Orange Blossom Ranch MPUD, and to ensure that the proposed well field and pipelines shall be compatible with neighboring properties. B. After final well field sites have been determined pursuant to this provision and after written request from Collier County, the documents granting the easement shall be executed and delivered in accordance with the following procedure; 1. Within 60 days of written request from Collier County, the developer shall provide to the County an attorney's opinion of title which also identifies all parties holding liens against the agreed upon well field easement areas, and to which is attached a copy of the deed(s) evidencing record title, and hard copies of said liens against the property. Within 90 days of aforesaid written request from Collier County, the developer shall convey the reserved agreed upon wellfield easement areas to Collier County, as a donation, by warranty deed, made free of all judgment and/or mortgage liens by the execution of such releases, subordinations, or satisfactions as may be necessary to accomplish same. C. 1. Orange Tree Utility Company Utility Certificated Area. This PUD is entirely within the certificated utility service area of the Orange Tree Utility. Such certification places duties and responsibilities upon that Utility to provide water service and wastewater services to this MPUD area. Therefore, interim water and interim wastewater is fully anticipated by the developer and the County to be provided to this MPUD by that Utility in total compliance with its obligations. The Collier County Water-Sewer District (CCWSD) intends to commence serving both services to this MPUD area not later than the year 2012. The Orange Tree Utility and the CCWSD may provide water service to this MPUD area without immediately and concurrently providing wastewater service, and vice versa. 2. Developer's Owned and OPerated Interim Utility Facilities A. Sales Center. Models. Clubhouse Facility: The developer, at its election, may construct interim potable water and wastewater systems (i.e. wells, septic tanks, small package plant) for developer owned or controlled sales centers and to not more than ten (10) model homes, as well as any clubhouse facility but this interim service shall not be provided to any model home after the respective model home is sold to its first owner-occupant. All such G:\Bellows\AR-4IS0, Orange Blossom RanchIPUD (11-19-04) Clean.doc 6-2 ...",--~,"- .--..,..-.--,..,..- . .--.-,- . --..,.----...-."-'"".--.'.',.-- temporary facilities shall comply with applicable State and County regulations and shall acquire all necessary governmental permits. B. Possible (Unanticipated) Developer Owned and Operated Interim Utility Plant. As to facilities to provide interim service by the Developer beyond that specified above in Section 6.4.C.2.A, subject to either (a) written permission from the Orangetree Utility to provide the respective (more extensive) interim water service and/or interim wastewater service, or (b) the MPUD has been removed from that Utility's certificated area (with or without permission from that Utility), or (c) any other circumstance sufficient in law then existing whereby that Utility's exclusive certificated area rights to provide the respective service(s) has been extinguished; and the CCWSD is not then ready, willing and able to provide the respective utility service to the MPUD area, then the developer shall be entitled to construct an interim potable water plant and/or interim wastewater plant to provide the respective service only within the Orange Blossom Ranch MPUD. All such "developer owned and operated utility plant and facilities" shall comply with all applicable Federal and Florida laws, rules and regulations, and with all applicable County ordinances, rules and regulations, and shall require all necessary governmental permits to be obtained by or on behalf of the developer at no cost to the County. All such developer utility plant(s) shall be removed at no cost or expense to the CCWSD or to the Orange Tree Utility - to facilitate a seamless transition for the developer supplied respective interim utility services to the respective later-in-time permanent service to be provided by the CCWSD. 3. CUE's. All transmission and distribution facilities within this MPUD shall be constructed by (or on behalf of the developer) the developer and shall be located within CCWSD utility easements (CUEs), including the transmission and distribution facilities that will connect this MPUD area to Orangetree utility facilities, and/or will connect this MPUD area to the CCWSD utility facilities. The CCWSD shall have no duty or responsibility regarding any of those facilities until the CCWSD obtains legal title to the respective utility facilities. 4. Conveyance of Title to MPUD Transmission and Distribution Facilities to the Orange Tree Utility. Water and wastewater transmission and distribution facilities in this MPUD shall be installed by, or on behalf of, the developer. If as is anticipated, Orangetree Utility provides both interim utility services to the Orange Blossom Ranch MPUD prior in time than when the CCWSD provides those services, title to the transmission and distribution facilities shall be conveyed to the Orangetree Utility at no cost to that Utility. Also, at no cost to the that Utility nor to the CCWSD, the developer shall provide a detailed inventory and "record drawings" to Orange Tree Utility and to the CCWSD regarding all water and/or wastewater transmission and distribution facilities in this MPUD area. This shall be a continuing obligation, including providing all changes made from time-to-time to the original inventory and changes made from time-to-time to the "record drawings." G:\Bellows\AR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 6-3 _"o__,,'''_'~''''''__''~_ ".."--.'-'--..--'- .-.' --...,.~'-- ....- 5. Collier County Water-Sewer District Imoact Fees. and other Utility Charges. When the CCWSD provides the respective (water and/or wastewater) utility service to customers within this MPUD, each such customer account shall be a "new" customer as to the CCWSD Pursuant to and in compliance with the then applicable Collier County Impact Fee Ordinance and with other Collier County Ordinances that then itnpose utility fees and charges upon such new customers, each such new customer shall be required to pay Collier County Water and Wastewater Impact Fees and other utility fees and charges to the CCWSD to the extent then required by those Ordinances. It is anticipated that these fees and charges shall be and shall remain uniform throughout the entire certificated service area of the Orange Tree Utility. It is anticipated that these obligations to pay such fees and charges to the CCWSD shall apply to each such "new" customer irrespective of whether similar types of fees and/or charges had been paid to Orange Tree Utility. The developer shall ensure that all prospective purchasers of lots and/or parcels of land in this MPUD will be provided with advance written notice in sales literature that every customer of the Orange Tree Utility will in all probability be required to pay Water and Wastewater Impact Fees and other utility fees and charges to the CCWSD when the County commences to provide the respective service(s). That notice shall be written in the recorded MPUD documents and shall remain in those recorded documents until the landowners in this MPUD area are no longer paying impact fees to the Orange Tree Utility. 6.5 WATER MANAGEMENT A. This project shall be designed in accordance with the rules of the South Florida Water Management District in effect at time of permitting. B. An excavation permit shall be required for the proposed lakes in accordance with the Collier County Code of Laws. All lake dimensions shall be approved at the time of excavation permit approval and shall be consistent with permits issued by the South Florida Water Management District. Excavated material may be relocated within the limits of the MPUD and across canal easements or rights-of- way contiguous to the MPUD, and shall not be considered off-site excavation. C. The Orange Blossom Ranch MPUD conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the MPUD rezone application materials. D. This project shall be reviewed and approved by the Collier County Stormwater Management Section prior to construction plan approval. Lake sideslopes shall conform to the requirements of Subsection 3.05.10 of the LDC. E. The project shall evaluate off-site flows coming onto the property from adjacent properties. The analysis shall ensure that there is sufficient capacity in the proposed perimeter by-pass swale system without causing flooding or causing adverse surface water conditions to adjacent property owners. This evaluation shall be provided at the time of construction plan review. F. Off-site removal of excavated material is permitted. G:\Bellows\AR-41S0, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 6-4 ,-.,..-.--"."-.,..,,,- - ^~~._'t-__~"__.~'~__W"-' - G. The entire MPUD shall be permitted to utilize the lake system designed in the residentiaVgolf area and community facility area (90:1: area lake) for water management purposes. 6.6 ENVIRONMENT AL A. The Orange Blossom Ranch MPUD shall contain a minimum of 30% of project's acreage as open space which may consist of buffers, lakes, recreation areas and the like. 6.7 TRANSPORTATION The development of the Orange Blossom Ranch MPUD shall be subject to and governed by the following conditions: A. All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. B. Arterial level street lighting shall be provided at all access points. Access lighting shall be in place prior to the issuance of the first Certificate of Occupancy (CO). C. Access points, including both driveways and proposed streets, shown on the MPUD Master Plan are considered to be conceptual. Nothing depicted on any such Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended from time to time, and with the Collier County Long-Range Transportation Plan. The number of access points constructed may be less than the number depicted on the Master Plan; however, no additional access points shall be considered unless a PUD amendment is to be processed. D. S i te- re lated improvements (as apposed to system-related improvements) necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County Ordinance Number 01-13, as amended, and Chapter 6 of the LDC, as it maybe amended. F. All work within Collier County rights-of-way or public easements shall require a right-of-way permit. G. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Res. No. 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this MPUD which is G:\Bellows\AR-4150, Orange Blossom RanchlPUD (11-19-04) Clean.doc 6-5 .~'W_,~ ~.,".'_.,._'_...""'__'_'M found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. H. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. 1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adj acent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of existing County rights- of-way or easements, compensating rights-of-way shall be provided without cost to Collier County as a consequence of such improvement. K. In order to facilitate future right-of-way improvements for Oil Well Road, the developer shall reserve 75 feet along the north right-of-way line of Oil Well Road, and 25 feet along the south right-of-way line of Oil Well Road for future dedication of a fee simple interest in such reserved areas to Collier County. At dedication, this reservation area shall be considered a contribution of off-site improvements to the transportation network and shall not be eligible for impact fee credits. Within 60 days of written request from Collier County, the developer shall provide to the County an attorney's opinion of title which also identifies all parties holding liens against the reserved right-of-way, and to which is attached a copy of the deed(s) evidencing record title, and hard copies of said liens against the property. Within 90 days of aforesaid written request from Collier County, the developer shall convey the reserved right-of-way to Collier County, as a donation to Collier County, via warranty deed, made free of all judgment and/or mortgage liens by the execution of such releases, subordinations, or satisfactions as may be necessary to accomplish same. The developer shall be permitted to landscape and to irrigate the reservation areas until such time as clearing and grubbing shall begin on the Oil Well Road improvements. The developer shall not receive any compensation for the loss or relocation of said landscaping and/or irrigation located within the reserve area as a result of developer's dedication and County's acceptance of the fee simple interest in the reservation area. L. Except for that corridor identified as a public right-of-way to the CF parcel, access controls shall be installed on all non-county roadways. M. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and/or adjacent developers on a fair share basis. N. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or G:\Bellows\AR-41 so, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 6-6 ~.._-,.,". -"....'-- .- --", -~.~". .~ -_._------,~"." ~.._.._~-.-h...,.'._"'"'..-'..M easement is determined to be necessary, the cost of such improvement shall be borne by the developer and/or adjacent developers on a fair share basis. 6.8 COMMUNITY FACILITY A. A 60-foot wide easement corridor for public right-of-way purposes shall be provided from Oil Well Road to the CF designated parcel as conceptually located on Exhibit "A", Conceptual Master Plan. Impact fee credits shall be provided to the developer in accordance with Ordinance Number 01-13, as amended, if authorized. The corridor area shall be determined by the developer during the plat or site development review process, as may be applicable. The developer shall have no responsibility to construct said roadway. The requirements of the LDC governing dedications by developers as part of the PUD rezoning process apply to this contribution. The instrument of conveyance shall provide for the vacation and/or abandonment of said easement if alternative access to Oil Well Road is obtained from outside of the project boundary. 1. The existing 9O:c acre lake (described as Parcel II in the legal description, Exhibit "B", shall be donated to Collier County no earlier than two years after the date of approval for this MPUD, unless the County requests title transfer at an earlier date. A minimum written notice of 90 days shall be given to the developer of the County's intent to obtain title to the subject lake. Within 60 days of the written request from Collier County, the developer shall provide to the County an attorney's opinion of title, which also identifies all parties holding liens against the lake tract, and hard copies of said liens against the property and within 90 days of the aforesaid written request from Collier County, the developer shall convey the lake to Collier County, by warranty deed, made free of all judgment and/or mortgage liens by the execution of such releases, subordinations, or satisfactions as may be necessary to accomplish same. The developer shall retain a perpetual drainage and irrigation easement in, on, under and over the lake for the benefit of the entire MPUD, and for all of the properties and property owners within the MPUD, for which reservation and use rights will be contained in the deed. G:\Bellows\AR-4150, Orange Blossom Ranch\PUD (11-19-04) Clean.doc 6-7 -,..~~~--,.- ~ .".._,.__H..........._. - -~.. _.~- I - ....... ""...... .... "'. ::..- "'- .~-=---=--= =::::--_= - r - .- "- ~~ ,- W-i-_u-i: ~~ _ -~~=~i=---r~-1 ~"- I I. f - ~: I J' : r I III I~ ! II I S In! c ... I I I I . ~ I PI \! " ill J I ! I .; Iii "IJil III J; l : ~I~I J )1 II ~ III I I I · ~~ !~HP5: iii Ilil I is ':II*.P ::: ~ i !.. III J! III !I. : P III I 'Ii I. ' B · III ,.. I - ~ ~ 'I III ~!i~~ f ~ : i II, ' f'J n I 1/ -. 8. ; ~.p ........_ " "'-- ,II f 'I'; ~ i I ! J Ii! ~ f!j I t~~ I ~ Ii: ~ I :I~II---- I I ~ ~ I l ., .IW'I........ i :e i2i ~ CNW. ,. 1WI,...... ~__..__ _ _ ..1 li!f:~ I ~ SIMLE .....y f I!; __ DClIJ8I CfAlI ISM_ I ;;~ I ~ ~i ~ -2:- . .. - .....~.------ --.,,.,. ~-,~".,,-- ~-_.......- ,....... E.)( 14 \ B \ 't B Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR. P.E. D. WAYNEARNOLD,A.LC.P. MARK W. MINOR, P.E. ROBERT "BOB" TI-nNNES, A~C.P. C. DEAN SMITH, P.E. THOMAS JACKSON GARRIS, P .s.M. . DAVID W. SCHMIIT, P.E. STEVE BURGESS, P .s.M. MICHAELJ. DELATE, P.E. ALAN V. ROSEMAN.. NORMAN J. TREBILCOCK, A..LC.P., P.E. MATIHEW J. HERMANSON, P.E. LEGAL DESCRIPTION ORANGE BLOSSOM RANCH PUD (DRAWING # B-2309-2B) nmEE PARCELS OF LAND LOCAlED IN SECTIONS 13 AND 14, TOWNSHIP 48 SOum, RANGE 27 EAST, AND SECTION 19, TOWNSHIP 48 SOtITH, RANGE 28 EAST, COLLIERCOtmIY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCELl COMMENCE AT TIlE SOUTIJEAST CORNER OF SECTION 13, TOWNSHIP 48 SOum, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; TIIENCE RUN SOUlH 88050'06" WEST, ALONG TIlE SOUlH LINE OF THE SOUlHEAST QUARTER OF SAID SECTION 13 FOR A DISTANCE OF 2.68 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; TIIENCE RUN NORTII 00030' 11" WEST FOR A DISTANCE OF 50.01 FEET TO A POINT ON TIlE NORlH RIGHT OF WAY LINE OF OIL WELL ROAD (C.R.858) AND TIIE POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; TIlENCE RUN SOUTII 88050'05" WEST, ALONG SAID NORlH RIGHT OF WAY LINE FOR A DISTANCE OF 2,677.95 FEET; TIlENCE RUN SOU1H 89035'35" WEST, ALONG SAID NORlH RIGHT OF WAY LINE FOR A DISTANCE OF 1,051.57 FEET TO A POINT ON TIlE EAST LINE OF A 150 FEET WIDE NORlH-SOU1H DRAINAGE EASEMENr RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES S091l1ROUGH 517 OF 1HE PUBUC RECORDS OF COLLIER COUNTY, FLORIDA; TIIENCE RUN NORm 00029'46" WEST, ALONG SAID EAST LINE FOR A DISTANCE OF 4,173.91 FEET TO A POINT HEREINAFI'ER REFERED TO AS POINT "8", TIlE SAME BEING A POINT ON TIlE sOtITH LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF TIlE PUBLIC RECORDS OF COLLIER COUNIY, FLORIDA; 1lIENCE RUN NORlH 89033'04" EAST, ALONG SAID soum LINE FOR A DISTANCE OF 3,729.66 FEET TO A POINT ON TIlE WEST LINE OF NORm GOlDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY); TIIENCE RUN soum 00029'30" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 4,141.20 FEET TO TIlE POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 356.387 ACRES, MORE OR LESS. TOGETHER WITH PARCEL II COMMENCe AT TIIE HEREINABOVE DESCRIBED POINT "8" THE SAME BEING 1HE NORlHEAST CORNER. OF A 150 FOOT WIDE NORlH-SOum DRAINAGE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1433 AT PAGES 509 nrROUGH 517 OF THE PUBUC RECORDS OF COLLIER COUNIY, FLORIDA; TIIENCE RUN SOUTII 89033'048 WEST, ALONG THE NORm LINE OF SAID NORm-soum DRAINAGE EASEMENT FOR A DISTANCE OF 150.00 FEET TO TIlE POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED; TIIENCE RUN soum 00029'46" FAST, ALONG THE WEST LINE OF SAID NORlH-SOum DRAINAGE EASEMENT FOR A DISTANCE OF 1,820.00 FEET; TIIENCE R.UN SOU1H 89033'05" WEST FOR A DISTANCE OF 1,463.41 FEET TO A POINT ON TIIB WEST LINE OF SECTION 13, TOWNSHIP 48 sourn, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; TIlENCE CONTINUE soum 89033'05" WEST FOR A DISTANCE OF 1,018.80 FEET; nIENCE RUN NOR1H 00029'30" WEST FOR A DISTANCE OF 1,427.55 FEET TO A POINT ON TIlE SOUTIIERL Y LINE OF A 150 FOOT WIDE CANAL MAINTENANCE EASEMENT RECORDED IN OFFICIAL RECORD BOOK 1322 AT PAGE 1903 OF TIlE PUBLIC RECORDS OF COllIER COUNlY, FLORIDA; TIIENCE RUN NORTII 74032'31" EAST, ALONG SAID SOUIHBRL Y LINE FORA DISTANCE OF 1,063.68 FEET (239) 947-1144. FAX (239) 947-0375. E-Mail: engineering@gradyminor.com 3800 Via Del Rey · Bonita Springs, Florida 34134-7569 · EB/LB 0005151 SHEET 1 OF 4 ,~~..,",--,----r"" .... -".~.,"~",,-,~,.",- -.---..'. -.,,-.. ,--_.._..._...._~....,..-...- Q. GRADY MINOR & ASSOCIATES, P.A. Civil Engineers · Land Surveyors · Planners Q. GRADY MINOR,. P.E. D. WAYNE ARNOLD, A.I.C.P. MARl< W. MINOR,. P.E. ROBERT "BOB" THINNfS, A.I.C.P. C. DEAN SMITH, P.E. THOMAS JACKSON GARIUS, P S.M. DAVID W. SCiMJ."IT, P.E. 5fEVE BURG5S, P S.M. MICHAELJ. DELATE, P.E ALAN V. ROSEMAN.. NORMAN J. TREBILCOCK, A.I.C.P., P.E. MAlTIIEW J. HERMANSON, P.E. TO A POINT ON TIlE WEST LINE OF SAID SECTION 13; lHENCE CONI1NUE NORm 74032'31" EAST, ALONG SAID SOU11lERL Y LINE FOR A DISTANCE OF 451.69 FEET; lHENCE RUN NORm 89033'04" EAST, ALONG SAID SOU11lERLYLINE FORA DISTANCE OF 1,018.10 FEET TO TIlE POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED, CONrAINING 97.113 ACRES, MORE OR LESS. . TOGETHER WITH PARCEL m COMMENQ: AT 11IE HEREINABOVE DESCRIBED POINT "A"; THENCE RUN soum 00024'57" EAST FOR A DISTANCE OF 50.01 FEET TO A POINT ON TIlE soum RIGHT OF WAY LINE OF-On.. WELL ROAD (C.R858), mE SAME BEING A POINT ON TIlE WEST LINE OF NORTII GOlDEN GATE CANAL, (AN 80 FOOT WIDE RIGHT OF WAY) AND TIlE POINT OF BEGINNING OF 1lIE PARCEL OF LAND HEREIN DESCRIBED lHENCE RUN sourn 00029'18" EAST, ALONG SAID WEST LINE FOR A DISTANCE OF 920.94 FEET TO A POINT ON TIlE EAST LINE OF SECTION 24, TOWNSHIP 48 sourn, RANGE 27 EAST, COLLIER COUNIY, FLORIDA; lHENCE CONTINUE sourn 00029'18" EAST, ALONG SAID WEST LINE, FOR A DISTANCE OF 1,819.06 FEET; 11IENCE RUN sourn 89030'46" WEST FOR A DISTANCE OF 4.33 FEET TO A POINT ON TIlE EAST LINE OF SAID SECTION 24; lHENCE CONTINUE soum 89030'46" WEST FOR A DISTANCE OF 395.66 FEET;; 11IENCE RUN NORm 58031 '29" WEST FOR A DISTANCE OF 1,010.00 FEET; 1HENCE RUN NORm 88017'01" WEST FOR A DISTANCE OF 645.91 FEET; 1HENCE RUN soum 81045'31" WEST FOR A DISTANCE OF 230.00 FEET; lHENCE RUN NORm 47005'10" WEST FOR A DISTANCE OF 686.83 FEET; TIIENCE RUN NORm 31 ~9'29" WEST FOR A DISTANCE OF 300.00 FEET; lHENCE RUN NORm 50028'29" WEST FOR A DISTANCE OF 630.00 FEET; lHENCE RUN NORm 39058'29" WEST FOR A DISTANCE OF 255.00 FEET; TIlENCE RUN NORm 00024'25" WEST FOR A DISTANCE OF 850.00 FEET TO A POINT ON TIlE sourn RIGHT OF WAY LINE OF OIL WELL ROAD (C.R858); llIENCE RUN NORm 89035'36" EAST, ALONG SAID SOUrn: RIGHT OF WAY LINE, FOR A DISTANCE OF 749.99 FEET; TIlENCE RUN NORm 88050'07" EAST, ALONG SAID SOUrn: RIGHT OF WAY LINE, FOR A DISTANCE OF 2,677.38 FEET TO 1lIE POINT OF BEGINNING OF TIlE PARCEL OF LAND HEREIN DESCRIBED, CONrAINING 162.431 ACRES, MORE OR LESS. NOTES: 1. BEARINGS SHOWN HEREON REFER TO TIlE sourn LINE OF TIlE SOUlHWEST 114 OF SECTION 13, TOWNSHIP 48 SOUrn:, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, AS BEING S 89035'35" W. 2. TIllS PROPERlY IS SUBJECT TO EASEMENTS, RESERVATIONS AND/OR RES'IRICTIONS OF RECORD. 3. DIMENSIONS SHOWN HEREON ARE IN FEET AND DECIMALS nmREOF. ~ SI Jf~$ , P.S.M. #3741 moMAS JA; ON GARRIS STATE OF FLORIDA (239) 947-1144 - FAX (239) 947-0375 - E-Mail: engineering@gradyminor.com 3800 Via Del Rey - Bonita Springs, Florida 34134-7569- EB/LB 0005151 SHEET 2 OF 4 _._,M..,~~ ,-~-~..".__.,_.,,~_.-... .--..".,,--- - ____..8---.-_ " EXHIBIT "C" PROPERTY OWNERSHIP Folio Number 00209961102 Bryan W. Paul, Family Limited Partnership 00209961500 Bryan W. Paul, Family Limited Partnership 00210042007 Bryan W. Paul, Family Limited Partnership 00210650004 Bryan W. Paul, Family Limited Partnership 00210660201 Bryan W. Paul, Family Limited Partnership 00210660104 Bryan W. Paul, Family Limited Partnership 00210660007 Bryan W. Paul, Family Limited Partnership Bryan W. Paul Bryan W. Paul, Family Limited Partnership Bryan W. Paul Bryan Paul, Incorporated Bryan W. Paul F:\10B\ORANOE BLOSSOM RANCmPUD\EXHIBIT C.doc > _,...W.H'~">"~'~"'__"''''''" _....-.-...'"^_...*_ -- - __._"..,__"m_ .- .. 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 2004-74 Which was adopted by the Board of County Commissioners on the 16th day of November 2004, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 22nd day of November, 2004. .' , DWIGHT E. BROCK.~';~\iI1S. !I,,;":, . \ . '.... "', Clerk of Courts-arta Cl~X~~ Ex-officio to 'B~attJ.. of '..~?' I:' :./ ,'::' . . -. County c.oaJ(~~oa!;\.ht ~::>.. · ,'C." ...,<> . .. . ...V'/ : Heidi R. It~Skhald~',.,\,;" -- Deputy Clerk0~3~'~~ -..-..- --"'..-----.. .".,._.,,_."_____~~._."m.' _ .- .........