Ordinance 2005-11
ORDINANCE NO. OS - 11
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE
COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA TO AMEND THE APPROPRIATE ZONING ATLAS
MAP OR MAPS AND CHANGE THE ZONING
CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM
THE C-l ZONING DISTRICT TO THE PLANNED UNi:T-,
DEVELOPMENT (PUD) ZONING DISTRICT TO ll&;
KNOWN AS "TRIAD RPUD" WHICH WILL INCLUDE:~'J\' . ri
MAXIMUM OF 140 MULTI-FAMILY RESIDENTI~h ~~~
HOUSING UNITS LOCATED ON THE NORTH SIDE PF C)
RADIO LANE, EAST OF PALM SPRINGS BOULEV ARD,:)1~L
SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EA~T,:
COLLIER COUNTY, FLORIDA, CONSISTING OF 10.75:J: ACRE$;:
AND PROVIDING FOR AN EFFECTIVE DATE. ~i:;J
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WHEREAS, Dwight Nadeau, ofRW A, Inc., representing Palm Springs, LLC, petitioned the Board
of County Commissioners to change the zoning classification of the subject real property as part of Petition
PUDZ-2004-AR-6015.
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
County, Florida, that:
SECTION ONE:
The zoning classification of the subject real property located in Section 34, Township 49 South,
Range 26 East, Co11ier County, Florida, as described in Section 1.2 of Exhibit "A," the "Triad RPUD" PUD
Document, attached hereto and incorporated by reference herein is changed from the C-I zoning district
to the PUD zoning district to be known as the "Triad RPUD Planned Unit Development." The
appropriate zoning atlas map or maps; as described in Ordinance Number 04-41, as amended, the Co11ier
County Land Development Code, is hereby amended accordingly.
SECTION TWO:
This Ordinance shan become effective upon filing with the Department of State.
PASSED AND DUL Y ADOPTEP by super majority vote of the Board of County Commissioners
nd .-
ofCo11ier County, Florida, this dJ.-dayof f., Fa 2005. .
OUNTY COMMISSIONERS
OUNTY, FLORIDA
'--'
BY: ~W. r ~ ~('J
FRED w. COYLE, CHAIRMAr<f~
, PUDZ- 2004.AR-60I5IMB
This ordinance filed with the
..tOry of ~~e:~~,f~~e
day of ,
ond acknowledgeme~ of that
fili re eived this~ doy
of ~
By
TRIAD RPUD
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING TRIAD RPUD,
A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
PALM SPRINGS, LLC
6535 NOVA DRNE # 106
DAVIE, FLORIDA 33317
PREP ARED BY:
"RWTA'C.
CONSULTING
........ Y y..L ....
3050 NORTH HORSESHOE DRNE
SUITE 270
NAPLES, FLORIDA 34104
and
ROETZEL AND ANDRESS
850 PARK SHORE DRNE
TRIANON CENTRE-THIRD FLOOR
NAPLES, FL 34103
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
2/3/05
2/22/05
05-11
Exhibit "A"
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TABLE OF CONTENTS
List of Exhibits, Tables and Appendix
Statement of Compliance
Section I
Section II
Section III
Section IV
Section V
Section VI
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Property Ownership and Legal Description
Project Development Requirements
Residential Development Standards
Recreation Area
Preserve Area
Development Commitments
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LIST OF EXHIBITS. TABLES AND APPENDIX
EXHIBIT "A" RPUD MASTER PLAN
EXHIBIT "B" BOUNDARY SURVEY
EXHIBIT "C" VICINITY MAP
EXHIBIT "0" PUBLIC FACILITIES MAP
T ABLE I PROJECT LAND USE TRACTS
TABLE IT DEVELOPMENT STANDARDS
APPENDIX "A" TYPICAL CROSS SECTIONS
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STATEMENT OF COMPLIANCE
The development of approximately 10.75 acres of property in Collier County, Florida as a
residential planned unit development to be known as Triad RPUD will be in compliance with the
goals, objectives and policies of Collier County as set forth in the Growth Management Plan
(GMP). The residential uses and recreational facilities of the Triad RPUD are consistent with the
growth policies, land development regulations, and applicable comprehensive planning objectives of
each of the elements of the GMP for the following reasons:
1. The subject property for development is within the Urban Mixed Use DistrictlUrban
Residential Subdistrict as identified on the Future Land Use Map as provided for in
Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are
consistent therewith.
2. The project is proposed to be a residential development located less than one mile from a
designated Interchange Activity Center (Activity Center # 9). The Density Rating System of
the FLUE provides for a four (4) dwelling unit per gross acre density bonus when a proposed
project is within one mile of an Activity Center. Under the FLUE Density Rating System, as
an incentive to convert commercial zoning which is not consistent with the locational
requirements set forth in the FLUE, a density bonus of up to 16 units per acre may be
granted for conversion of such vested commercially zoned properties from commercial to
residential use. The subject site consists of 10.75 acres, which, when multiplied by the
conversion density factor of 16 units per acre, would allow for up to 172 dwelling units. The
PUD allows for a maximum of 86 Dwelling units. The proposed density of the Triad PUD
is 8 units per gross acre, and is therefore consistent with the FLUE, Policy 5.1 of the Collier
GMP; Including the increased density based on the conversion of commercial zoned
property,
3. The development of the Triad RPUD will result in an efficient and economical extension of
community facilities and services as required in Policy 3.1.g. of the FLUE.
4. The Triad RPUD implements Policy 5.6 of the FLUE in that more than 60% of the project
will provide useable open space, or lands reserved for conservation purposes.
5. The native vegetation provisions of the Triad RPUD implements Policy 6.1.1 of the
Conservation and Coastal Management Element in that "native preserves" will be
incorporated into the project design.
6. The Master Development Plan, with its localized natural area, lakes and open space areas,
and with its moderate residential density, will insure that the developed project will be an
attractive and enjoyable residential development.
7. By virtue that the project must comply with the provisions of Chapter 6.02 of the Land
Development Code (LDC), it will implement, and further Objective 8 of the Transportation
Element.
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SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property and to
describe the existing conditions of the property proposed to be developed under the project
name of the Triad RPUD.
1.2 LEGAL DESCRIPTION
A PARCEL OF LAND LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26
EAST OF
COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
ALL OF BLOCKS 2, 4, AND 6, PALM SPRINGS PLAZA, UNIT NO. 1 AND THAT
V ACA TED PORTION OF CALLE DEL REY RIGHT OF WAY RECORDED IN PLAT
BOOK 8, PAGE 21 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Robert S. Barber TR (Folio: 65721360006,65720840006, and 65720320005)
The Barber properties are under contract for purchase with Palm Springs, LLC. Palm
Springs, LLC, shall have full, unified control of the Triad RPUD.
1.4 DEVELOPER
The Triad RPUD is intended to be developed by Palm Springs, LLC. All references to the
"developer" as may be contained in this RPUD Document shall mean Palm Springs, LLC,
unless, and until the subject property described and depicted in this RPUD Document is
conveyed, or assigned. It is the responsibility of Palm Springs, LLC to notify Collier
County, in writing, of the land conveyance, or assignment of the subject property described
and depicted in this RPUD Document within six months from the actual conveyance, or
assignment.
1.5 PHYSICAL DESCRIPTION
The property is located in the southwest half of Section 34, Township 49 South, Range 26
East, Collier County, Florida. The property is currently undeveloped, and vacant.
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The water management system consists of approximately 1.1 acres of lakes that will receive
run-off from structures and parking areas. Run-off shall be collected by catch basins and
culvert systems for conveyance to the lakes. Allowable discharge rates shall be in
accordance with Collier County Ordinance No. 90-10 as amended, and Collier County
Ordinance No. 01-027.
1.6 PROJECT DESCRIPTION
The Triad RPUD shall be a residential development that includes a maximum of 86
residential housing units. The amenities proposed as developer commitments to be provided
in the project include structures (clubhouse, pool, etc.), and areas (interior within the
clubhouse, and swimming pool), to provide social and recreational space, lakes, natural and
landscaped open spaces, and a variety of passive (native preserves) and active recreational
opportunities. Access to the property shall be from Palm Springs Boulevard via Radio Lane.
The development intent is to complete the project in a single phase with construction
commencing in the third quarter of 2005, Project build-out is anticipated to occur in 2006,
or sooner based on market demand.
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone. Additional services will be provided as deemed appropriate.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Triad Residential Planned Unit
Development Ordinance",
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
Triad RPUD development, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of the Triad RPUD shall be in accordance with the
contents of this Document, the RPUD-Residential Planned Unit Development
District and other applicable sections and parts of the Collier County LDC in effect at
the time of building permit application. Where these RPUD regulations fail to
provide developmental standards, then the provisions of the most similar district of
the County LDC shall apply.
B. This RPUD Document and attendant RPUD Master Plan is generally tailored to
provide specific development standards for the residential product proposed by the
developer.
C. 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.
D. An conditions imposed and an graphic material presented depicting restrictions for
the development of the Triad RPUD shall become part of the regulations that govern
the manner in which the RPUD site may be developed.
E. Unless modified, waived or excepted through the approval of a deviation stated
herein, the provisions of other sections of the LDC, where applicable, remain in full
force and effect with respect to the development of the land that comprises this
RPUD.
F. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Chapter 6.02, Adequate Public Facilities,
of the LDC, at the earliest or next-to-occur of either Final Site Development Plan
approval.
2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and uses of land is illustrated
graphically by Exhibit "A", RPUD Master Plan.
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TABLE I
PROJECT LAND USE TRACTS
TYPE UNITSIFT. ACREAGE:t
TRACT "R" RESIDENTLA..L 86 8.8
TRACT"RA" RECREATION AREA 0 0.3
TRACT "P" PRESERVE 0 1.6
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas, lakes and intermittent wet and
dry areas shall be in the same general configuration and contain the same general
acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other
boundaries may be permitted at the time of Site Development Plan approval, subject
to the provisions of Sections 10.02.05, and 10.02.03 of the Collier County LDC, or
as otherwise permitted by this RPUD Document.
C. In addition to the various areas and specific items shown on Exhibit "A", such
easements as necessary (utility, private, semi-private) shall be established within or
along the various tracts as may be necessary.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 86 residential dwelling units may be constructed on the total project area.
The gross project area is approximately 10.75 acres. The gross project density, therefore,
will be a maximum of 8 dwelling units per acre.
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to final local development order issuance for all or part of the RPUD, final
plans of all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the RPUD Master Plan and
the Collier County LDC.
B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD Development Plan.
Any division of property and the development of the land shall be in compliance with
Section 10.02.04 of the Collier County LDC, and the platting laws of the State of
Florida.
C. The provisions of Section 10.02.03 of the Collier County LDC, when applicable,
shall apply to the development of all platted tracts, or parcels of land as provided in
said Division prior to the issuance of a building permit or other development order.
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D. Appropriate instruments win be provided at the time of infrastructural improvements
regarding any dedicatil;)ns and methods for providing perpetual maintenance of
common facilities.
2.6 LAKE SETBACK AND EXCAVATIONS
A. Lakes shall conform with the requirements of Section 22-1 12(a) of Ordinance No.
04-55, of the Collier County Code of Laws and Ordinances of the LDC for a
development excavation. Lakes may be excavated to the maximum development
excavation depths set forth in Section 22-1 12(c) of Ordinance No. 04-55, of the
Collier County Code of Laws and Ordinances of the LDC. Removal of fill from the
Triad RPUD shall be limited to an amount up to ten percent (10%) (to a maximum
20,000 cubic yards), of the total volume.
2.7 AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments may be made to this RPUD Ordinance or RPUD Master
Development Plan, Exhibit "A", as provided for in Subsection 10.02.13.E of the Collier
County LDC. Minor changes and refinements as described in Section 6.3.C of this RPUD
document may be made in connection with any type of development or permit application
required by the Collier County LDC.
2.8 DEDICATION AND MAINTENANCE OF COMMON AREAS AND FACILITIES
Easements shall be provided for water management areas, rights-of-way, utilities and other
purposes as required. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time of adoption of this Ordinance
establishing the Triad RPUD.
Whenever the developer elects to create land area and/or recreation amemtIes whose
ownership and maintenance responsibility is a common interest to an of the subsequent
purchasers of residential units or real property within the Triad RPUD, the developer shall
provide appropriate legal instruments for the establishment of a property owners'
association, or master condominium association, whose function shall include provision for
the perpetual care and maintenance of all common facilities and open space.
2.9 MODEL, SALES, AND CONSTRUCTION OPERATION FACILITIES
A. Models, sales/rental centers and other uses and structures related to the promotion
and sale and/or rental of real estate such as, but not limited to, pavilions, viewing
platforms, gazebos, parking areas, and signs, shall be permitted principal uses
throughout the Triad RPUD subject to the requirements of Section 5.04.04 of the
Collier County LDC.
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B. Temporary use permits for sales centers, and model homes may be approved
subsequent to zoning approval. Temporary use permit applications, and associated
Site Development Plan (SDP) application(s) for residential models, may be
submitted concurrently with applications for Site Development Plans for the overall
project, to depict the location of the model units within the project.
D. Temporary uses for sales centers may be serviced by temporary well and septic
systems.
E. A portion (no more than 1/3 of the gross floor area), of the clubhouse facilities may
be used as a temporary sales facility to be utilized to market residential products,
including the re-sale of residences within the boundaries of the Triad RPUD. The
temporary sales facility use must cease when the control of the condominium
association is transferred to the residents of the project.
2.10 CLUBHOUSE
Construction approvals for the clubhouse and related common recreational facilities may be
approved subsequent to zoning approval. SDP applications for the clubhouse and related
facilities may be submitted concurrently with applications for Site Development Plan
approval for the overall project, to depict the location of the clubhouse and related facilities
within the project site. The clubhouse and related facilities must be located on a parcel
within the RPUD boundaries, and depicted and described by a legal description to be
included as a part of subsequent development order approvals.
2.11 FILL STORAGE
Fill material generated may be stockpiled within areas designated for residential
development. Prior to stockpiling in these locations, a request, along with plans showing the
locations and cross-sections shall be submitted to Collier County Environmental and
Engineering Staff for review and approval. The following standards shall apply:
A. Stockpile maximum side slope: 3: 1
B. Stockpile maximum height: thirty-five (35) feet
C. Fill storage shall not be permitted in Preserve Areas.
2.12 REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Triad RPUD requires a permit from a local, State,
or federal agency with jurisdiction over the property proposed for development, the
developer shall obtain such permits prior to final development order approval.
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2.13 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the
Collier County GMP, and Section 3.05.07 of the Collier County LDC; a minimum of 1.34
acres (15% of the native vegetation on site) is required to be retained or replanted.
Native vegetation areas do not include those areas of vegetation that have greater than
seventy-five percent (75%) canopy coverage of exotic species.
The RPUD Master Plan depicts one Preserve area. The 1.62:J: acre Preserve depicted will be
retained native vegetation. This is due to the fact that of the 10. 75-acre project site, only
8.92 acres of the site is "native", by definition.
The minimum width of the preserve shall be an average of thirty feet but not less than twenty
feet in width. The design, area, and configuration of the native preserves may be modified
from the depiction on the RPUD Master Plan. However, the remaining native preserves
shall not be decreased below 1.34 acres in total area.
2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Subsection 10.02.13.C of the Land Development Code, upon adoption of the
RPUD Ordinance and attendant RPUD Master Plan, the provisions of the RPUD Document
become a part of the LDC and shall be the standards of development for the RPUD.
Thenceforth, development in the area delineated as the Triad RPUD District on the Official
Zoning Atlas shall be governed by the adopted development regulations set forth in this
RPUD Document, RPUD Master Plan, and applicable provisions ofthe LDC.
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SECTION III
RESIDENTIAl DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure, perimeter
land use buffers, signage, as well as project recreational/social facilities will occur within
this Tract.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units anowed within the RPUD shall be
established at the time of development plan review, but shall not exceed 86 dwelling units.
3.3 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 Uses:
1) Multi-family residences.
B. Accessory Uses:
Customary accessory uses and structures including, but not limited to private
garages, swimming pools, with or without screened enclosures, and other outdoor
recreation facilities along with the following:
Model homes (See Section 2.9 of this Document).
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shan be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Condominium, and/or homeowners' association boundaries shall not be
utilized for determining development standards.
B. OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Sections 4.05.04 and 4.05.07, of the Collier County LDC in effect at
the time of building permit application.
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TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT
STANDARDS
MULTI.
FAMILY
CLUBHOUSE!
RECREATION
BUILDINGS
PRINCIPAL STRUCTURES
MINIMUM LOT AREA
10,000 S.F. 10,000 S.F,
100 FEET N/A
1,000 S.F. N/A
20 FEET See Note. N/A
15 FEET N/A
15 FEET See Note. N/A
25 FEET 25 FEET
15 FEET N/A
2 STORIES N/A
35 FEET N/A
MINIMUM LOT WIDTH
MINIMUM FLOOR AREA
MINIMUM FRONT YARD
MINIMUM SIDE YARD
MINIMUM REAR YARD
MINIMUM PRESERVE SETBACK
MINIMUM DISTANCE
BETWEEN STRUCTURES
MAXIMUM BLDG. HEIGHT
NOT TO EXCEED
ACCESSORY STRUCTURES
MINIMUM FRONT YARD
S.P.S. See Note.
20 FEET
MINIMUM SIDE YARD
S.P,S
Y2BH
MINIMUM REAR YARD (ATTACHED)
(DETACHED)
5 FEET
5 FEET
See Notes
See Notes
10 FEET
20 FEET
MINIMUM PRESERVE SETBACK
10 FEET
10 FEET
MINIMUM DISTANCE
BETWEEN STRUCTURES
10 FEET
greater of 15 feet
or Y2 BH See Section 4.3.A. of this docwnenl.
MAXIMUM BLDG, HEIGHT.
NOT TO EXCEED
2 STORIES
35 FEET
2 STORIES
35 FEET
S.P.S.: Same as Principal Structures.
BH: Building Height
Notes:
J) The location of structures proposed adjacent to a lake may have no setback from the lake maintenance
easement,
2) No structures are permitted in the required. 20-foot lake maintenance easement,
3) All garages associated with residential units must be located a minimum of 23 feet from the back of the
sidewalk, adjacent to internal drives. closest to the garage, except for side load garages. wherein a
parking area 23 feet in depth must be provided generally parallel to the garage opening to avoid vehicles
being parked across a portion, or all of the referenced sidewalk
4) No principal or accessory structures shall encroach into the perimeter landscape buffers.
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SECTION IV
RECREATION AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for
the residents of the project.
4.2 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, subject to the issuance of regional, state and
federal permits, when required:
Principal Uses:
1) Structures intended to provide social and recreational space.
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive and/or
active water features.
3) Any other principal use, which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC in effect at the
time of the request for such use.
Accessory Uses:
Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance, storage
or shelter with appropriate screening and landscaping.
4.3 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures. Condominium, and/or homeowners' association boundaries shall not be
utilized for determining development standards. Development standards for Tract RA
are contained in Table II in this Document. There shall be a minimum 20-foot separation
between recreational building(s) and all residential units.
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B. OFF -STREET PARKING AND LOADING REQUIREMENTS
As required by Sections 4.05.04 and 4.05.07 of the Collier County LDC in effect at the
time of building permit application.
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SECTION V
PRESERVE AREA
:5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"P", Preserve Area on Exhibit "A", RPUD Master Plan. The primary function and purpose
of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as
wetlands, including upland buffers, in their natural, and/or enhanced state.
S.2 USES PERMITTED
Passive recreational uses such as pervious nature trails or boardwalks are allowed within the
preserve areas, as long as any clearing required to facilitate these uses does not impact the
minimum required vegetation. For the purpose of this section, passive recreational uses are
those uses that would allow limited access to the preserve in a manner that will not cause
any negative impacts to the preserve, such as pervious pathways, benches and educational
signs are permitted in the preserve. Fences may be utilized outside of the preserves to
provide protection in the preserves in accordance with the protected species Subsections
IO.02.02A.g, and 10.02.03.B.b.d.iii of the LDC. Fences and walls are not permitted within
the preserve area. 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, subject to the issuance of
regional, state and federal permits, when required:
Principal Uses:
Open spaces/nature preserves.
Accessory Uses:
I) Water management structures.
2) Mitigation areas.
3) Hiking trails, boardwalks, shelters, or other such facilities constructed for the
purposes of passage through or enjoyment of the site's natural attributes,
subject to approval by the appropriate permitting agencies.
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SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with final site development plans, final
subdivision plats (if required), and all applicable state and local laws, codes, and regulations
applicable to this RPUD. Except where specificany noted or stated otherwise, the standards
and specifications of Section III of the Construction Standards Manual shall apply to this
project, even if the land within the RPUD is not to be platted. The developer, its successors
and assigns, shall be responsible for the commitments outlined in this Document.
The developer, its successors or assignee, shall follow the Master Development Plan and the
regulations of the RPUD Document, as adopted, and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successors or assignee
in title to the developer, are bound by any commitments within this Document. These
commitments may be assigned or delegated to a condominiurn/homeowners' association to
be created by the developer. Upon assignment or delegation, the developer shall be released
from responsibility for the commitments. Which commitments will be enforced through
provisions agreed to be included in the declaration of covenants and restrictions, or similar
recorded instrument. Such provisions must be enforceable by lot owners against the
development its, successors, and assigns.
6.3 RPUD MASTER DEVELOPMENT PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, parcel, or land use boundaries, or special land
use boundaries shall not be construed to be final, and may be varied at any time at
any subsequent approval phase, such as final platting or site development plan
application. Subject to the provisions of Section 10.02.13.E of the LDC,
amendments may be made from time to time.
B. An necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all services and all common areas in the
project.
C. The Community Development and Environmental Services Administrator, or his
designee, shall be authorized to approve minor changes and refinements to the Triad
RPUD Master Plan upon written request of the developer.
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0\200-1'0-1-0010.00 Triad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc
I) The following limitations shall apply to such requests:
a. The minor change or refinement shall be consistent with the Collier
County GMP, and the Triad RPUD Document.
b. The minor change or refinement shall not constitute a substantial change
pursuant to Subsection 1O.02.13.E, 1 of the Collier County LDC.
c. The minor change or refinement shall be compatible with adjacent land
uses, and shall not create detrimental impacts to abutting land uses, water
management facilities, and Preserve Areas within, or external to the
RPUD boundaries.
2) The following shall be considered minor changes or refinements, subject to
the limitations ofLDC Subsection lO.02.13.E:
a. Reconfiguration of Preserve Areas, jurisdictional wetland limits, and
mitigation features as a result of regulatory agency review and permitting.
There may be no overall decrease in Preserve Area.
b. Reconfiguration of lakes or other water management facilities where such
changes are consistent with the criteria of the South Florida Water
Management Distlict and Collier County.
c. Internal realignment of roadways and interconnection to off-site areas,
other than a relocation of access points from publicly maintained
roadways (i.e.: State or County roadways), to the RPUD itself, where no
water conservation/preservation areas are affectcd, or otherwise provided
for.
d. Reconfiguration of residential parcels when there is no proposed
cncroachment into a Preserve Area, cxcept as provided for in a. paragraph
of this section above.
3) Minor changes and refinements, as described above, shall be reviewed by
appropriate County staff to ensure compliance with all applicable County
ordinances and regulations prior to the Administrator's consideration for
approval.
4) Approval by the Administrator of a minor change or refinement may occur
independently from, and prior to any application for subdivision plat (if
required), or site development plan approval. However, the Administrator's,
or his designee's, approval shall not constitute an authorization for
development, or implementation of the minor change or refinement without
first obtaining all applicable County permits and approvals.
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O:\~004'.04-0010.00 Triad RPUD ZonmgOOOJ Rezoning'Triad RPUD Doc ~-23-05 BCCdoc
6.4 SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET
PROVISION
A. This RPUD is subject to the sunset provisions of Subsection 10.02.13.D of the LDC.
B. An annual RPUD monitoring report shall be submitted pursuant to Subsection
1O.02.13F of the LDC, and be in the form of an affidavit by the property owner, or
designated agent.
C. The project shan be developed in one phase. Completion of the final dwelling unit is
anticipated to occur in late 2005. Recreation and clubhouse facilities will be
constructed simultaneously with the development of the residential product.
6.5 TRANSPORTATION
The development of this RPUD Master Development Plan 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 Conier County LDC.
B. Arterial level street lighting shall be provided at all access points. Access lighting must
be in place prior to the issuance ofthe first certificate of occupancy (CO).
C. Site-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.
D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as
amended, and Sections 6.02.00 and 10.02.07 of the LDC, as it may be amended.
E. All work within Collier County rights-of-way or public easements shall require a right-
of-way permit.
F. All proposed median opening locations shall be in accordance with the Collier County
Access Management Policy (Resolution 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 RPUD which is 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.
G. Nothing in any development order shan 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.
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0',2004\04-0010.00 Tnad RPUD Zoning\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by the
developer. Collier County' shall have no responsibility for maintenance of any such
facilities.
I. If any required turn lane improvement requires the use of existing County right-of-way
or easement, compensating right-of-way, if necessary, shall be provided without cost to
Collier County as a consequence of such improvement.
J. 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 shall be paid to Collier County before the issuance of the first CO.
6.6 PLANNING
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. More than 60% of the project will provide useable open space, or lands reserved for
conservation purposes.
B. The developer shall place a deed restriction on the property to prohibit rentals on the
property in perpetuity, which will be enforceable by the residents of Palm Springs
Village Unit One and Palm Springs Estates Unit One subdivisions.
C. The developer shall construct a school bus stop (uncovered concrete pad with bicycle
rack) at the furthest east location possible on Radio Lane.
D. Building height for the project shall not exceed 35 feet (2 stories), with both first and
second floor units available.
E. The average size of the units (all unit sizes in the development divided by the total
number of units) will not be less than 2,000 square feet in total gross area.
F. The project shall have a 24-hour controlled access gate.
G. The developer shall provide a wall along the project's northern boundary in addition to
the landscaped berm at the request of the northern adjacent property owners.
H. The developer shall request from the County Transportation Division, a temporary
construction access permit on the eastern portion of the project off Radio Lane.
I. The Developer shall contribute $200,000 to the Housing and Development Corporation
to be used for down payment assistance programs operated by Collier County.
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6.7 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Detailed paving, grading and site drainage plans shan be submitted to Engineering
Review Services Department for review and approval. No construction permits shan
be issued unless and until Planning Services Staff grants approval of the proposed
construction in accordance with the approved plans.
B. An excavation permit shall be required for the proposed lakes in accordance with the
Collier County LDC and South Florida Water Management District Rules.
6.8 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve the
project shall be designed, constructed, conveyed, owned, and maintained in
accordance with Collier County Ordinance No. 01-57. as amended. and other
applicable County rules and regulations.
B. All customers connecting to the water distribution and sewage collection facilities
shall be considered to be customers of the County, and shall be billed by the County
in accordance with the County's established rates.
6.9 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and shall be subject to review and approval
by Environmental Services Staff. Removal of exotic vegetation shall not be counted
toward mitigation for impacts to Collier County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be similarly depicted on any plat. Any
instruments. plats. or plans creating conservation areas shall include provisions
imposing protective covenants per, or similar to, those found in Section 704.06,
Florida Statutes. Setbacks from conservation areas shall be provided in accordance
with Subsections 3.05.07.H.1.d and 3.05.07.H.3 of the Collier County LDC.
Conservation areas shall be conveyed or dedicated to the homeowner's association,
or like entity for ownership with responsibility for mail1tenance, and to Collier
County. with no responsibility for maintenance.
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0:'2004\04-001000 Triad RPUD ZOnlng'0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc
C. All principal structures shall have a minimum setback of 25' from the boundary of
any preserve. Accessory structures and all other site alterations, other than water
management berming, shall have a minimum 10-foot setback.
D. The Developer shall comply with the guidelines and recommendations of the U.S.
Fish and Wildlife Service (USF&WS) and the Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to "listed species".
Where protected species or their habitats are observed on site, a habitat management
plan for those protected species, or their habitats shall be submitted to Environmental
Services Staff for review and approval prior to final site plan/construction plan
approval.
E. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plan
Council, shall be removed from within preserve areas and subsequent annual
removal of these plants (in perpetuity) shall be the responsibility of the property
owner.
F. The RPUD shall be consistent with the environmental sections of the Collier County
GMP, Conservation and Coastal Management Element and the Collier County LDC
in effect at the time of final development order approval.
G. All approved agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to
final plaUconstruction plan approval.
H. A Preserve Area Management Plan shall be provided to Environmental Staff for
approval prior to site/construction approval identifying methods to address treatment
of invasive exotic species, fire management, and maintenance.
6.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structure, except for the clubhouse facilities, the construction
operation/management office and model center. These structures may be constructed after
zoning approval.
6.11 SIGNS
All signs shall be in accordance with Section 5.06.00 of the Collier County LDC in effect at
the time of final plat, or site development plan approval.
6.12 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted throughout the Triad
RPUD, except in Preserve Areas. The following standards shall apply:
A. Landscape berms may have the following maximum side slopes:
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0:'1004\04-0010.00 Triad RPUD Zoning\0003 Rezonmg\Triad RPUD Doc 2-23-05 BCCdoc
1) Grassed berms 4: 1
2) Ground covered berms 3: 1
B. Fence or wall maximum height: six feet as measured from the finished grade. For
the purpose of this provision, finished grade shall be considered no greater than 18
inches above the crown elevation of the nearest existing road, unless the fence or
wan is constructed on a perimeter landscape berm along the property abutting Palm
Springs Boulevard, or Radio Lane. Deviation from LDC Section 5.03.02.B to allow
fence/wall height to be measured from finished grade rather than existing grade, of
the ground at the base of the fence or wall.
C. Pedestrian sidewalks, bike paths, water management facilities and structures may be
allowed in landscape buffer areas provided that the landscape buffer area is increased
by an equivalent width.
D. No tow of slope setback will be provided along the project frontage on Palm Springs
Boulevard, nor Radio Lane. A six foot (6') flat top of berm will he provided within
the project adjacent to said Rights-Of-Way, that flat area will be where a potential
fence/wall will be located, with landscape buffer material installed between the wall
and the respective Rights-Of-Way. Cross-section D-D, on Sheet 5 of 5 of the RPUD
Plans Set illustrates this wall/berming interface with the Palm Springs Boulevard and
Radio Land Rights-Of-Way. Deviation from Section 4.06.05.1 of the LDC, where a
5-foot setback is required from a property line for the tow-of-slope, when the
proposed berm is greater than two feetin height.
E. No tow of slope setback win be provided along the eastern project boundary, south
of the platted drainage easement, where the project interfaces with the west boundary
of Saddlebrook Village. Cross-Section B-B, on sheet 5 of 5 of the RPUD Plans Set
inustrates the proposed berming interface with the existing masonry wall constructed
as a part of the Saddlebrook Village PUD improvements. Deviation from Section
4.06.05.1 of the LDC, where a 5-foot setback is required from a property line for the
tow of slope, when the proposed berm is greater than two feet.
6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Subsection 4.06.03.B
of the Collier County LDC in effect at the time of building permit application.
6.14 DEVIATIONS
6.12.B.Fence or wall maximum height: six feet as measured from the finished grade. For
the purpose of this provision, finished grade shall be considered no greater than 18 inches
above the crown elevation of the nearest existing road, unless the fence or wan is
constructed on a perimeter landscape berm along the property abutting Palm Springs
Boulevard, or Radio Lane. Deviation from LDC Subsection 5.03.02.B to allow fence/wall
height to be measured from finished grade rather than existing grade, of the ground at the
base of the fence or wall.
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0:\2004\04-0010.00 Triad RPUD Zonmg\0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc
6.12.D.No tow of slope setback will be provided along the project frontage on Palm Springs
Boulevard, nor Radio Lane. A six foot (6') flat top of berm will be provided within the
project adjacent to said Rights-Of-Way, that flat area will be where a potential fence/wall
will be located, with landscape buffer material installed between the wall and the respective
Rights-Of- Way. Cross-section D-D, on Sheet 5 of 5 of the RPUD Plans Set illustrates this
walllberming interface with the Palm Springs Boulevard and Radio Lane Rights-Of-Way.
Deviation from Subsection 4.06.05.1 of the LDC, where a 5-foot setback is required from a
property line for the tow-of-slope, when the proposed berm is greater than two feet in height.
6.12.E. No tow of slope setback will be provided along the eastern project boundary, south
of the platted drainage easement, where the project interfaces with the west boundary of
Saddlebrook Village. Cross-Section B-B, on sheet 5 of 5 of the RPUD Plans Set illustrates
the proposed berming interface with the existing masonry wall constructed as a part of the
Saddlebrook Village PUD improvements. Deviation from Subsection 4.06.05.1 of the LDC,
where a 5-foot setback is required from a property line for the tow of slope, when the
proposed berm is greater than two feet.
VI-8
0:"2004\04-0010.00 Triad RPUD Zonmg,,0003 Rezoning\Triad RPUD Doc 2-23-05 BCC.doc
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EXHIBIT "A"
BOUNDARY S.URVEY
PALM SPRINGS VILLAGE
UNIT ONE
I FOUND
5/8 ROD
40.0' LS 2052 N89.54'20"E
620.41'(P) 620.19'(M)
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LOT 3 LOT 4
LOT 5
BLOCK 6
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CAlLE DEL REY VACATED BY OR B. 14oll, P. 1122
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Jan. 8, 2004
Date of Survey:
Scale; 1" = 100'
Pro )ecl No. J'LMSP1 E2
FB No. 57 P 5"2
Joo No, 03.11l.;t,_-::=-
COP 'rFIIGH T 2004 BY CAROL E. NELSON,
LOT 3 T LOT 4
BLOCK I 4
LOT 5
1000'
100.0' 100,0'
100.0'
LOT 7
100,0'
1000'
100.0'
100,0'
LOT 2
LOT 5
LOT 3
LOT 4
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MH(S) 595.43'(P) 595.41'(M)
S-858
CURVE RADIUS
Cl 5.00'
THIS SUR\f:'Y IS PREPARED FOR:
TRIAD HOUSING PARTNERS
ADORf:SS OF' PROPERTY:
__ PALM SPRINGS BOULEVARD
NOTES:
FLOOD ZONE .X. - PANEL 120067 0425 D,
BEARINGS BASED ON PHYSICAL CENTERLINE OF
PALM SPRINGS BOULEVARD AS BEING SDO.26'42"W.
ELEVATIONS ARE BASED ON AN ASSUMED 100.0'.
LEGAL DESCRIPTTON
ALL OF BLOCKS 2, 4, AND 6, PALM SPRINGS
PLAZA, UNIT NO. 1 AND THA T VACA TED
PORnON OF CALLE DEL REY RIGHT OF WAY
RECORDED IN PLA T BOOK 8, PAGE 21 OF.
THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA.
P.A" ALL RIGHTS RESER\ED,
NOT VALID UNLESS
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I hereby certify that this surVtly meets
the minimum technical standards os per
Chapter 61G17-6 F.AC.
This is not 0 certificate of Title, Zoning,
or Fr"edom of "ncumbrances.
Abstract has not been r"vi"wed and
ather "asements and restrictions may
oppiy fa this parcel. All other easen"",ts
that ex"st ore required to be provided
to th" surv"yor by the cli"nt of his
or h"r ag"nt per Florida Statut"
61C -6.003 (10) F..AC.
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Carol E. Nelson, P.L.S. #501J
J30 Wilson Boulevard South
Naples, Florida J4117
(239) 304-0055 Office
(2J9) ~04-0047 Facsimile
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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 2005-11
Which was adopted by the Board of County Commissioners
on the 22nd day of February 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 23rd
day of February, 2005.
DWIGHT E. BROCK ,~~~::ns. ':"'"
Clerk of Courts"A:rrid..mge~,
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Ex-officio to'';B,0ard. of '. ;- ",
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County :~nuni'~~~~2f~\f
~ a'~""',.,..I~'J"';;:':
'/1 ~j.. ('~- _'.1 ;1., :.:" : 7J ;.~ ,
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By: Heidi R'j ~C~J;.,?~.~~"~~.>v~,/
Deputy C1eq.Jt,!JI"""-:1~~J _'
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