Ordinance 2005-13
ORDINANCE NO. 05- 13
AN ORDINANCE AMENDING ORDINANCE NUMBER
2004-41, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE lJNINCORPORA TED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE
APPROPRIATE ZONING ATLAS MAP OR MAPS BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM PUD
TO A MIXED USE PLANNED UNIT DEVELOPMENT
KNOWN AS ARROWHEAD PUD, FOR PROPERTY
LOCATED AT THE CORNER OF LAKE TRAFFORD
ROAD AND THE PROPOSED CARSON ROAD
EXTENSION, IN SECTION 31, TOWNSHIP 46 SOUTH,
RANGE 29 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 307.4 ACRES; PROVIDING FOR A
PARTIAL REPEAL OF ORDINANCE NUMBER 02-40,
AS AMENDED, THE EXISTING ARROWHEAD PUD
ORDINANCE; AND BY PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, Robert L. Duane, AICP, of Hole Montes, Inc., representing MDG Capital
Corporation petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that;
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 31,
Township 46 South, Range 29 East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the additions and deletions to Ordinance Number
02-40, as amended, the Arrowhead PUD as reflected in the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate
zoning atlas map or maps, as described in Ordinance Number 2004-41, the Collier County Land
Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 02-40, known as the Arrowhead PUD, adopted on, by the Board of
County Commissioners of Collier County, Florida, is hereby repealed only to the extent that the
Ordinance is inconsistent with the additions and deletions set forth in the Arrowhead PUD
Document attached hereto as Exhibit "A". All other provisions of Ordinance Number 02-40
shall remain in full force and effect.
Words struck through are deleted; words underlined are added.
Page 1 of 2
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this Z1, day of tYlM cf..- , 2005.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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BY:
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FRED W. COYLE
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Marjori . Student
Assistant County Attorney
Pl J oz· A -2004-AR -6888/K O/sp
This ordincncp fired ~·dth t~i~
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Page 2 of2
ARROWHEAD
A MIXED-USE
PLANNED UNIT DEVELOPMENT
PREPARED BY:
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FLORIDA 34110
HM PROJECT 2001106
APRIL, 2002
REVISED JUNE 6,2002
REVISED JULY 1, 2002
REVISED BY COLLIER COUNTY JULY 19,2002
REVISED NOVEMBER 23,2004
Date Reviewed by CCPC:
Date Approved by BCC: .a -a- () -éJr)(f;;
Ordinance No. dt')05-t 3
Amendments & Repeals ðrY)c.¡.-<..¡-¡
Exhibit A
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TABLE OF CONTENTS
Page
SECTION I STATEMENT OF COMPLIANCE ....................................................................3
SECTION II PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND
STATEMENT OF UNIFIED CONTROL...........................................................5
SECTION III PROJECT DEVELOPMENT ......................................... .....................................7
SECTION IV PERMITTED USES AND DIMENSIONAL STANDARDS FOR
RES 10 ENTIAL 0 EVELO PMENT ... .................................................. ................9
SECTION V OPEN SPACE ARE.L\ .... ...... ............................. ................. ............................ ...12
SECTION VI PRESERVE AREA REQUIREMENTS ...........................................................14
SECTION VII COMMERCIAL AREA REQUIREMENTS ....................................................15
SECTION V III DEVELOPMENT COMMITMENTS ..............................................................18
EXHIBITS
EXHIBIT A - PUD MASTER PLAN
EXHIBIT B - LEGAL DESCRIPTION
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SECTION I
STATEMENT OF COMPLIANCE
The development of approximately 307.3 acres of property in Section 6, Township 47 South,
Range 29 East, and Section 31, Township 46 South, Range 29 East, Collier County, Florida, as a
Planned Unit Development to be known as the Arrowhead PUD, will be in compliance with the
goals, objectives, and policies of Collier County as set forth in the Growth Management Plan.
The residential and commercial components of the project will be consistent with the growth
policies, land development regulations and applicable comprehensive planning objectives of
each of the elements of the Growth Management Plan for the following reasons:
1.1 The total site area comprises 307.3 acres of which 274 acres are located in the Low
Residential District on the Immokalee Future Land Use Map in the Immokalee Area
Master Plan. Within the Low Residential District fifteen acres are proposed for
commercial use. Therefore, the Low Residential District that permits up to four dwelling
units per acre, allows up to 1,245 dwelling units on 259 acres.
33.3 acres of the subject property are also located in the Neighborhood Center District on
the Immokalee Future Land Use Map. Residential development within the Neighborhood
Center District permits a maximum density of twelve units per gross acre within the
Neighborhood Center District. The Neighborhood Center, therefore, can support a total
of 400 dwelling units as provided for in the Future Land Use Element of the Immokalee
Area Master Plan.
The total permitted dwelling units for the subject property, therefore, is 1,436 dwelling
units based on 259 acres located in the Low Density Residential District and 33.3 acres
located within the Neighborhood Center District as depicted on the ImmokaIee Future
Land Use Map. The proposed 1,245 dwelling units, therefore, may be found consistent
with the Immokalee Master Plan at a gross density of 4.3 dwelling units per acre. Fifteen
percent of the total number of dwelling units, or 186 dwelling units, shall be reserved for
occupancy to families whose combined income is no greater than 80% of Collier
County's median income.
1.2 The fifteen (15) acres proposed for commercial use along with proposed C-2, C-3 and C-
4 Uses is consistent with ~flanned Unit Development Commercial District of the
Immokalee Area Master Plan. The other criteria in this District allow for such uses and
up to 20 acres in commercial use for residential projects in excess of three hundred (300)
acres. The proposed commercial uses and area allocated for commercial use, therefore, is
consistent with the Immokalee Area Master Plan.
1.3 The subject property's location in relation to the existing or proposed community
facilities and services supports the development's residential density as required in
Objective 2 of the Future Land Use Element.
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1.4 The proposed development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Cse Element.
l.5 Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
1.6 The proposed development will result in an efficient and economical extension of
community facilities and services as required in Policy 3.1.G of the Future Land Use
Element.
l.7 The project is planned to incorporate natural systems for water management purposes in
accordance with their natural functions and capabilities as required by Objective 1.5 of
the Drainage Sub-Element of the Public Facilities Element.
1.8 The Immokalee Area Master Plan requires in Policy 11.1.2 that Collier County shall
closely coordinate the location, timing, intensity and design of future development. This
policy shall be implemented through the County's Adequate Public Facilities Ordinance.
The Arrowhead PUD will comply with this requirement.
1.9 The Immokalee Area Master Plan Policy I 1.1.3 requires land use transitions between
lower and higher intensities of use shall be achieved through use of natural vegetation
open space buffers, physical barriers such as berms, hedges, or other landscape cover,
setbacks and height limitations as described in the zoning and landscape sections of the
LDC, Land Development Code. The Arrowhead PUD is consistent with this policy
through the transition in uses depicted on the PUD Master Plan Exhibit "A", along with
the distribution of open space and buffer areas.
1.10 All final development orders for this project are subject to the Collier County
Concurrency Management System, as implemented by the Adequate Public Facilities
Ordinance in Division 3.15 Sections 6.02 and 10.07.02 of the Land Development
Code1..Q.Ç and further required by Policy 2.3 of the Future Land Use Element.
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SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, SHORT TITLE AND
STATEMENT OF UNIFIED CONTROL
2.1 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 Arrowhead PUD.
2.2 LEGAL DESCRIPTION
The subject property being approximately 307.3 acres is described in Exhibit B.
2.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Jæ:aes Eo \Villiams, Jr., Elild
Diane Williams, 1300 North 15#i St., Immokalee, Florida 33934 MDG Capital
Corporation. 2180 Immokalee Road. Suite 308. Naples. Florida 34110.
2.4 GENERAL DESCRIPTION OF PROPERTY AREA
The subject property lies in the southwest quadrant of the intersection of Lake Trafford
Road and the planned extension of Carson Road, Immokalee, Florida. It is located in
Section 31, Township 46 South, Range 29 East, and Section 6, Township 47 South,
Range 29 East.
2.5 PHYSICAL DESCRIPTION
The existing site is utilized for cattle grazing and is punctuated with natural cypress and
water features which will be preserved and conserved as part of the PUD development.
2.6 PROJECT DESCRIPTION
As an overview, Arrowhead is to be a ± 307.3 acres, 1,245 units moderately priced,
readily definable neighborhood. A variety of housing types, ranging from single family
dwellings and multi-family housing, is planned. The overall project will include
recreational facilities and commercial uses. This development will also incorporate
natural features.
2.7 SHORT TITLE
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This ordnance shall be known and cited and the "The Arrowhead Mixed-Use Planned
Unit Development Ordinance".
2.8 STATEMENT OF UNIFIED CONTROL
This statement represents that the current property owner has land under unified control
for the purpose of obtaining PUD zoning on the subject property.
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SECTION III
PROJECT DEVELOPMENT
3.1 PURPOSE
The purpose of this Section is to delineate and generally describe the plan of
development, the respective land uses of the tracts included in the project, as well as the
project criteria for the Arrowhead Planned Unit Development.
3.2 GENERAL
A. Regulations for development of Arrowhead shall be in accordance with the
contents of this document. Section 2.2.20 2.03.06 PUD-Planned Unit
Development District and other applicable sections of the Collier County baaà
Devclopment Code LDC and the Growth Management Plan, and all other
applicable land development regulations in effect at the time building permits are
requested.
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 building
permits are requested.
C. All conditions imp03ed and all graphic material presented depicting development
for Arrowhead PUD shall become part of this regulation which governs the
manner in which the PUD site may be utilized.
3.3 PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and land use of the various
tracts, is illustrated graphically in Exhibit "A". There shall be three multi-family
land use tracts, a single family area and a commercial area plus necessary water
management lakes, street right-of-way, open space and recreational areas.
TABLE 1
USE
Residential
Single Family 436* Dwelling Units
Multifamily 809 Dwelling Units
Community Park
Commercial
Lakes
Right of Way
Wetland Preserve
Upland Preserve
Upland Buffer
Open Space
Total
ACRES
140.5
76.7
63.8
1.2
15.0
29.9
33.6
47.8
12.7
14.5
12.1
±307.3
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*The number of single family ,units may be increased with a corresponding reduction in
the number of multi-family units and area provided for this dwelling unit type.
3.4 MAXIMUM PROJECT DENSITY
A maximum of 1,245 residential dwelling units; single-family, and multi-family shall be
constructed or placed in the total project area. The gross project area for residential use is
292.3 acres. The gross project density, therefore, will be a maximum of 4.03 dwelling
units per gross residential acre. The commercial area comprises a maximum of fifteen
(15) acres, which results in a total project area of307.3 acres.
3.5 PROJECT PLAN APPROVAL REQUIREMENTS
Prior to the development of any tract, this project is required to obtain preliminary plat
approval pursuant to the requirements of Division 3.2 Section 4.03, Subdivisions Design
and Layout of the LDC, and then, detailed construction plans and plats shall be approved
for the overall project infrastructure to serve each tract. Once the plat and plans for the
overall project infrastructure are approved, a site development plan, pursuant to Division
~ Subsection 10.02.03, Submittal Requirements for Site Development Plans of the
LDC, shall be submitted for any development of a platted tract which will not be further
subdivided. If a platted tract is to be further subdivided, then that tract will be required to
go through the construction plans and platting process, pursuant to Division 3.2
Subsection 10.02.04.A.4 Submittal Requirements for Plats of the LDC.
A. The developer of any tract or parcel or separately defined portion, thereof, shall
be required to submit and receive approval of a site development plan in
conformance with the requirements established within Division 3.3 Subsection
10.02.03. Submittal Requirements for Site Development Plans, of the LDC, prior
to the submittal of a final site plan for any portion of the multi-family or
commercial tracts.
B. Dedication and Maintenance of Common Facilities. All common facilities
including open space, recreational. conservationlpresen:ation and/or archeological
areas will be dedicated to one or more homeowners associations or master
association for the purpose of ownership, maintenance and/or disposition to
public agencies.
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SECTION IV
PERMITTED USES AND DIMENSIONAL STANDARDS FOR
RESIDENTIAL DEVELOPMENT
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated residential on the PUD Master Plan Exhibit "A".
4.2 MAXIMUM DWELLING UNITS
The number of single family dwelling units allowed within the PUD shall be as follows:
Four hundred and thirty six (436) single family dwelling units and eight hundred and nine
(809) multi-family dwelling units, however, the number of single family units may be
increased with a corresponding reduction in the number of multi-family units and land
area allocated for multi-family land use. Not less than fifteen percent of the total number
of dwellin~ units or 186 dwellin~ units shall be reserved for occupancy to families whose
combined income is no greater than 80% of Collier County's median income.
4.3 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:
I. Single family detached dwellings
2. Zero-lot line dwellings
3. Two-family and duplex dwellings
4. Single family attached and townhouse dwellings
5. Multi-family dwellings, including garden apartments
6. Any other housing type which is comparable in nature with the foregoing
list of principal uses, as determined by the Board of Zoning Appeals
(BZA).
B. Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal
residential uses permitted in this District, including recreational facilities,
maintenance facilities, signs and water management facilities and similar
kinds of uses
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4.4 Development Standards
TABLE 1 !
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMITTED USES SINGLE ZERO TWO SINGLE MUL TI-
AND STANDARDS F AMIL Y LOT F AMIL Y F AMIL Y F AMIL Y
DETACHED LINE .2f ATTACHED DWELLING
DUPLEX AND
TOWNHOUSE
Minimum Lot Areas éGOO S.F. 3,500 3,500 3,000 S.F. per 1 AC I
4,000 S.F. S.F.(l) d.u.
Minimum Lot Width (.!) 40 30 45 30 N/A
Front Yard ;u)t41 B B ;u) 20
15(4) 154 154 154 I
Side Yard (j) 6.0 o or l2(j) o or 6 00rI2(j) o or .5 BH
Rear Yard Principal ~ ~ ~ ~ ~
li6)(4) li6)(4) li6)(4) li6)(4) 25(6) !
Rear Yard Accessory 10 *7 ]0 10 10 10
Maximum Building 35 35 35 35 35 I
Height
Distance Between N/A N/A N/A 10 .5BH I
Structures
I
Floor Area Min. (Sf) 1000 1000 1000 1000 450*see note;:5 I
All distances are in feet unless otherwise noted.
BH = Building Height
Notes
1. Each half of a duplex unit requires a lot area allocation of thirty-five hundred
(3,500) square feet for a total minimum lot area of seven thousand (7,000) square
feet.
2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or
lots located on curvilinear streets provided the minimum lot area is still
maintained.
3. Where the zero (0) foot yard option is utilized, the opposite side of the structure
shall have a twelve (12) foot sideyard.
4. All dwelling: units. if they have garages. shall be set back from the sidewalk to the
garage door at least 23 feet. Should the garage be side loaded. there shall be at
least 23 feet of paved area on a perpendicular plane to the garage door or plans
shall ensure that parked vehicles will not interfere with pedestrian traffic.
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5. The minimum unit size for an efficiency unit is 450 square feet, 600 square feet
for one bedroom units~ and 750 square feet for two bedroom units.
6. Rear yard requirements abutting preserve area twenty-five (25) feet.
7. Rear yard requirements for accessory structures abutting preserve area ten (10)
feet.
A. Building height shall be the vertical distance ±rom the first finished floor to the highest
point of the roof surface of a flat or Bennuda roof, to the deck line or a mansard roof and
to the mean height level between eaves and ridge of gable, hip and gambrel roofs.
Accessory buildings shall be limited to twenty-five (25) feet above grade.
B. Development of individual tracts has not been finalized at the time of rezoning with
respect to the particular type of residential dwellings. The location and mixture thereof,
will be based upon the following factors as are deemed appropriate by the Development
Services Director for the hannonious development of each tract with a minimum of
interference between different housing types based on the following criteria.
1. Physical separation of housing types into discrete areas.
2. Landscape or constructed barriers between different housing types meeting at a
minimum the standards of Division 2.1 Section 4.06, Landscaping. Buffering:. and
Vegetation Retention of the LDC.
3. Separation of housing types by common amenities.
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SECTION V
OPEN SPACE AREA
5.1 PURPOSE
The purpose of this Section is to set forth the development plan and development
standards for the areas as designated on Exhibit "A", the PUD Master Plan, for open
space. The primary function and purpose of these areas will be to provide aesthetically
pleasing open areas and recreational facilities. These areas comprise 12.1 acres and are
in addition to preserve areas depicted on the PUD Master Plan.
5.2 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:
A. Principal Uses:
1. Open Space
2,. Nature trails/paths or other similar facilities constructed for purposes or access to
or passage throughout the PUD.
3. Shuffleboard courts, tennis courts, swimming pools, open play areas, and other
types of uses and facilities intended for outdoor use and/or recreation (i.e.,
recreational building).
5.3 DEVELOPMENT REGULATIONS
A. Overall site design shall be hamlonious in terms of landscaping, enclosure of structures
or areas, location of access streets, pedestrian ways and/or parking areas and location and
treatment of buffer areas.
B. Buildings should be setback a minimum of fifty (50) feet abutting residential tracts and a
landscaped and maintained natural buffer shall be provided.
C. Playground/recreational equipment shall be setback twenty (20) feet from any perimeter
or lot line.
D. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
E. Maximum Height:
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1. Principal Structures - Twenty-five (25) feet.
2. Accessory Structures - Twenty (20) feet
5.4 MINIMUM OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 Section 4.05, Off-Street Parking and Loading of the LDC.
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SECTION VI
PRESERVE AREA REQUIREMENTS
6.1 PURPOSE
The purpose of this Section is to identify development standards for the Preserve Areas as
shown on Exhibit "A", PUD Master Plan.
6.2 PERMITTED USES
The PUD Master Plan provides for a total of seventy five (75) acres of Preserve Area or
24.4% of the total project area distributed as follows: 47.8 acres are contained in a
wetland preserve area, 12.7 acres in upland preserve area, and 14.5 acres in upland buffer
areas. Minor adjustments may be made to the boundaries of preserve areas based on
wetland permitting considerations.
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following structures:
A. Permitted Principal Uses and Structures:
I. Passive recreation areas.
'2. Biking, hiking, nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within the
Preserve Areas, after that appropriate environmental review.
B. Any other use which is deemed comparable in nature with the foregoing list of
permitted principal uses, as detennined by the Board of Zoning Appeals (ZBA).
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SECTION VII
COMMERCIAL AREA REQUIREMENTS
7.1 PURPOSE
The purpose of this Section is to identify specific development standards for the area
designated commercial on Exhibit "A" the PUD Master Plan. This commercial
component is intended to serve as a commercial general shopping center permitting a
range of shopping and personal services to the surrounding area.
7.2 MAXIMUM DEVELOPMENT INTENSITY
The maximum allowable commercial square footage is 130,680 square feet of gross
leasable area on fifteen acres of which 1.4 acres is included in buffer area. The maximum
site coverage by principal structures, accessory structures or outside sales areas shall not
exceed twenty (20) percent of the area designated for commercial use on the PUD Master
Plan Exhibit "A". The applicable Collier County Zoning Districts used as the basis of
this commercial component are the permitted uses in the C-2, C-3, and C-4 Districts of
the LDC with development standards generally provided for from the C-3 District.
7.3 USES PERMITTED
No building, structure, or part, thereof, or outside sales area, shall be erected, altered or
used, or land used, in whole or in part, for other than the following:
A. Permitted Uses:
1. All permitted uses in the C-2, C-3, and C-4 Zoning Districts of the LDC in effect
as of the date of adoption of this ordinance.
B. Accessory Uses:
I. Uses and structures that are accessory and incidental to uses permitted as of right
in the C-2, C-3 and C-4 Districts of the LDC in effect as of the date of adoption of
this ordinance.
7.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred (100) feet.
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C. Minimum Yard Requirements:
1. Front yard - Twenty five (25) feet or one-half of the building height as measured
from grade, whichever is greater.
2. Side yard - One-half of the building height as measured from grade, with a
minimum of fifteen (15) feet.
3. Rear yard - Fifteen (15) feet or one-half of the height of the building as measured
from grade, whichever is the greater.
D. Distance Between Structures: Same as for side yard setback.
E. Maximum Height: Fifty (50) feet.
F. Minimum Floor Area of Structures: One-thousand (1,000) square feet per building on
the ground floor.
G. Maximum Density: Hotels, motels and time share facilities are limited to a maximum
density of sixteen (16) units per acre. The maximum floor area for these uses is five-
hundred (500) square feet.
7.5 OFF-STREET PARKING AND LOADING REQUIREMENTS:
As required by Division 2.3 Section 4.05 Off-Street Parking and Loading of the LDC.
7.6 MINIMUM LANDSCAPING REQUIREMENTS:
As required by Division 2.4 Section 4.06. Landscaping" æffi. Buffering and Vegetation
Retention, of the LDC in effect at the time building permits are requested.
7.7 MINIMUM LANDSCAPE BUFFER AREA:
As required by Collier County regulations in effect at the time building permits are
requested. At a minimum, a landscaped buffer shall be provided adjacent to all
residential areas bordering the commercial portion of the PUD (except for access points)
in accordance with Division 2.4 Section 4.06, Landscaping" Buffering, and Vegetation
Retention, of the Land Developmcnt Code LDC.
7.8 SIGNS:
As required by Section M 5.06, Signs of the LDC in effect at the time sign permits are
requested.
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7.9 MERCHANDISE STORAGE AND DISPLAY
Unless specifically permitted for a given use, outside storage or display of merchandise is
prohibited. However, the commercial portion of this PUD shall be eligible for temporary
use permits for temporary sales, sports events, religious events, and community events in
accordance with Section 2.6.33 5.04.05, Temporary Use Permits and Section 10.02.06 G.
regardin\?: procedures of the LDC.
7.10 Architectural and Site Design Standards
Development of commercial uses shall meet the requirements of Diyision 2.8 Section
5.05.08 Architectural and 8ite Design Standards and Guidelines for Commercial
Buildings and Projects of the LDC.
7.11 Pedestrian Connections
Pedestrian and vehicular connections shall be provided between the commercial and
residential components of the project.
7.12 Proj ect Phasing
No construction in the commercial area shall be allowed until twenty (20) percent of the
permitted dwelling units have been issued building permits.
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SECTION VIII
DEVELOPMENT COMMITMENTS
8.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of this project.
8.2 GENERAL
All facilities shall be constructed in accordance with the standards and specifications
adopted as part of this PUD and applicable portions of the LDC in effect at the time
building permits are requested. The developer, his successor and assigns shall be
responsible for the commitments outlined in the dDocument.
The developer, his successor or assignee shall agree to follow the Master Plan and the
regulations of the PUD as adopted and any other conditions or modifications as may be
agreed to in the rezoning of the property. In addition, any successor, or assignee in title,
is subject to the commitments within this agreement.
8.3 PUD MASTER PLAN
A. The PUD Master Plan provides for areas of commercial and residential use, water
management areas, and retained vegetation areas and road rights-of-way as depicted on
Exhibit "A". The PUD Master Plan is designed to be flexible with regard to the
placement of buildings, tracts and related utilities and water management facilities. More
specific commitments will be made at the time of site development plan and permitting
approval, based on compliance with all applicable requirements of this Ordinance, the
LDC and local, state and federal permitting requirements. All tracts may be combined or
developed separately subject to compliance with the applicable dimensional requirements
contained within this dDocument.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project. All easements and assurances will be submitted to the County Attorney at
development plan review stage for review and approval to assure implementation of the
development commitments.
C. This project shall be developed in compliance with all of the applicable requirements of
the Division 3.2 Section 4.03, Subdivisions, of the LDC.
D. The Arrowhead PUD shall be subject to Section 2.7.3.4 10.02.13 D, of the LDC, Time
Limits for Approved PUD Master Plans and Section 2.7.3.6 10.02.13 F, Monitoring
Requirements.
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E. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section
2.7.3.5 10.02.13 E. Changes and Amendments of the Collier County LDC, in effect at the
time the amendment is requested.
8.4 SCHEDULE OF DEVELOPMENT
A. It is anticipated based on market conditions that the Arrowhead PUD will build out in six
years or by 2008.
8.5 TRANSPORTATION
A. All public street design and construction shall meet applicable Collier County
transportation standards that are in effect at the time building permits are requested.
B. The developer shall provide, at the time of site development plan and/or preliminary
subdivision plat review, turn lanes on Lake Trafford Road and Carson Road at each
project entrance as required and subject to approval of Collier County Transportation
Services Division.
C. The developer shall provide arterial level street lighting at each project entrance on Lake
Trafford Road and collector level street lighting at each project entrance on Carson Road
at the time of issuance of the first certificate of occupancy for any structure.
D. The developer shall provide a fair share contribution toward the capital cost of a traffic
signal at any project access, residential or commercial, when deemed warranted by the
County.
E. All traffic control devices used, excluding street name signs, shall comply with the
Manual on Uniform Traffic Control Devises as required by Chapter 316.0747, Florida
Statutes.
F. Sidewalks on both sides of the main access road shall be five feet. All other streets shall
have one five foot wide sidewalk.
G. Cul-de-sacs or dead=end streets may exceed the 1,000 foot limitation set forth in Section
3.2.8.1.16.66.06.01 J of the LDC.
H. A reduction in the street right-of-way width from 60 feet to 50 feet for a local road as
required in Section 3.2.8.1.16.5.6.06.0 of the LDC is approved as part of this Ordinance.
I. Roads will be public and dedicated to Collier County at the time of platting.
19
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J. Adjacent to the PUD boundary, along the eastern property line, the developer shall
provide up to 100 feet of clear road right-of-way to meet the needs for the Carson Road
Extension when required by the Collier County Transportation Services Division.
Additionally, adjacent to the PUD boundary, along the northern property line, the
developer will reserve right-of-way for Lake Trafford Road up to 50 feet wide as
determined by the County Transportation Services Division for infrastructure
improvements.
K. The developer shall construct Carson Road extension south of Lake Trafford Road to
Immokalee Drive and shall also construct Immokalee Drive within the westerly 450 feet,
which is currently unpaved. The roadways will be two-laned rural design, asphalt, paved
and 24-feet wide for Carson Road and 20-feet wide for Immokalee Drive.
L. The developer shall construct improvements to the intersection of Lake Trafford Road
and Carson Road to consist of the following:
I. Dedicated left turn lanes for eastbound and westbound Lake Trafford Road.
2. Dedicated left turn lane for southbound Carson Road.
3. Modify signalization for left turn movements only if and at such time warranted
by future traffic conditions.
M. The developer shall construct improvements to Lake Trafford Road from Carson Road to
S.R. 29 to improve safety conditions. Such improvements will consist of repairs to
pavement edges and construction of newly stabilized and paved shoulders up to five feet
wide or as conditions allow.
N. The developer shall pay for modifications to signalization to optimize capacity at the
intersection of S.R. 29 and Lake Trafford Road.
O. The developer shall construct improvements to the intersection of S.R. 29 and Immokalee
Drive to consist of the following:
I. Dedicated right turn lane for eastbound Immokalee Drive.
2. New signalization to provide protected left turn movements on S.R. 29.
P. Unless otherwise stated, improvements described in Paragraphs 8.5 K and 8.5 L shall be
constructed as part of the first phase of development. Improvements described in
Paragraphs 8.5 M, 8.5 N, and 8.5 0 shall be constructed as part of whichever phase
results in exceeding 50 percent of project development based upon the number of
residential dwelling units.
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Q. All conditions and improvements described in Paragraphs 8.5 J through 8.5 0 inclusive
may be considered eligible for road impact fee credits. Credits will be considered only if
or when the Road Impact Fee Ordinance 2000-13 is amended to allow for impact fee
credits for roads that are not contained in the Capital Improvement Element of the Collier
County Growth Management Plan. Impact fee credits shall also be subject to a separate
Developer's Contribution Agreement to be approved by Collier County Board of County
Commissioners.
R. Property value determinations for the purpose of impact fee credits shall be made at the
time of property transfer based upon fair market value as determined by qualified
appraisers. Furthermore, fair market value shall be based upon the highest and best land
use (Agricultural Zoning) as existed prior to approval of Petition R-90-6 by the Board of
County Commissioners on May 28, 1991.
S. Road Impact Fees shall be as set forth in Ordinance 2000-13, and any amendment
thereof, and shall be paid at the time building permits are issued unless otherwise
approved by the Board of County Commissioners.
T. Access improvements described in Paragraphs 8.5B and 8.5K shall be in place before any
certificates of occupancy are issued.
U. In consideration of the implementation of the Adequate Public Facilities Ordinance in
Division 3.15 Chapters 6 and 10 of the LDC, and the potential of adjacent roadways not
conforming to appropriate service level standards due to the rate of increase of traffic
volumes versus scheduled/funded roadway capacity improvements, the developer is
advised that future land development activities in the area may be subject to future land
use control consistent with the above regulations.
8.6 ENGINEERING
A. Detailed paving, grading, site drainage and utility plans shall be submitted to
ProjectEngineering Review Services for review. No construction permits shall be issued
unless and until approval of the proposed construction in accordance with the submitted
plans is granted by Project Review.
8. Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of the Collier County Subdivision Regulations.
C. An Excavation Permit will be required for the proposed lake(s) in accordance with
Division 3.5 ExcU','ation of thc Collier County Section 22 of ~ the Code of Laws and
Ordinances and SFWMD Rules. Lake setbacks shall also be in conformance with
Division 3.5 Excavation of the Collier County LDC Subsection 6.01.02 C. of the LDC.
D. Work within Collier County right-of-way shall meet the requirements of Collier County
Right-Of- W ay Ordinance 93-64.
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-'---~"
E. Access improvements into each tract as shown on the Master Plan is informational only.
Location and number of access improvements is subject to Subdivision Master Plan or
SDP approval.
F. This project is recommended for approval for rezone purposes only. A Subdivision
Master Plan shall be submitted which complies with all the design standards of the
subdivision regulations unless specific exceptions are requested and supported by sound
engineering reasoning during its approval process. Approval of this rezone does not
constitute an approval to any subdivision design standards contained within the petition
or supporting drawings or exhibits. The master plan submitted shall not be considered to
suffice for the Subdivision Master Plan required pursuant to Collier County I:,f)(;
Di':ision 3.2 Subdivisions Section 10.02.04, Submittal Requirements for Plats~, of the
LDC.
G. The project shall be platted in accordance with Collier County Subdivision Regulations to
define the right-of-way, tracts, and easements as shown on the Master Plan.
H. All roads, public or private, shall be in full compliance with the County Subdivision
Regulations design and construction requirements.
I. All cul-de-sacs shall be in full compliance with the County Subdivision Regulations,
including design and construction requirements.
8.7 UTILITIES
A. Verification from the Immokalee Water Sewer District stating they have reviewed and
approved the water and sewer facilities engineering construction documents to serve this
project is required and must accompany the detailed construction plans submission.
B. Verification of sewage treatment capacity pursuant to Ordinance No. 80-112 to service
this project is required and must accompany the detailed construction plans submission.
C. This project shall be designed and constructi:eÐed in full compliance with Ordinance
2001-57 as amended.
D. This project shall be designed for central water and sewer systems.
8.8 WATER MANAGEMENT
A. The storm water management system shall be designed in accordance with South Florida
Water Management District, and Collier County rules and regulations.
B. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan
approval.
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C. Prior to preliminary subdivision plat approval, the developer shall provide a copy of the
South Florida Water Management District Conceptual Permit.
D. The developer shall provide a 20 foot maintenance easement around the perimeter of all
lakes and a 20 foot access easement from a public road to each maintenance easement.
E. Pursuant to applicable South Florida Water Management District rules, a naturally
vegetated buffer or structural buffer shall be provided around all wetlands to be preserved
in lieu of the buffer requirements of Section 3.2.8.1.7.3 4.06.02 of the LDC. No
construction will be allowed within this buffer.
F. All historical off-site flows shall be routed through the project master system in
accordance with provisions as required by South Florida Water Management District,
Collier County, and as directed by the Collier County Storm water Management Section.
G. The future Carson Road drainage shall be routed through this project as shown on the
Conceptual Drainage Plan, provided in this application and in accordance with the
SFWMD Permit, Collier County, and as directed by Collier County Stormwater
Management Section.
8.9 ENVIRONMENTAL
A. Native vegetation preservation shall conform to the requirements of 8ubseetion 3.9.5.5.4
Section 3.05 of the Collier County LDC.
8. If, during the course of site clearing, excavation, or other construction activities, an
archaeological or historical site, artifact, or other indicator is discovered other than that
already identified, all development at that location shall be immediately stopped.
Development will be suspended for a sufficient length of time to enable the Collier
County Historic and Archeological Preservation Board, or a designated consultant, to
assess the find and determine the proper course of action in regard to its salvageability.
The Current Planning Environmental Review Staff will respond to any such notification
in a timely and efficient manner so as to provide only a minimal interruption to any
construction activity.
C. This PUD shall be consistent with the Environmental Sections of the Collier County
Growth Management Plan, Conservation and Coastal Management Element, and the
Collier County Land Development Code in effect at the time of final development order
approval.
D. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be
provided in accordance with Subsection 6.01.02C ProtectedlPreserve Area and
Easements Subsection 3.2.8.4.7.3 of the LDC except wetlands referenced in Paragraph
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8.8 E. Conservation easements shall be dedicated on the plat to the project's
homeowners' association, or -like entity, for ownership and maintenance responsibility
and to Collier County with no responsibility for maintenance.
E. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward
from the edge of wetland preserves in all places and averaging twenty-five (25) feet from
the landward edge of wetlands. Where natural buffers are not possible, structural buffers
shall be provided in accordance with the State of Florida Environmental Resources
Permit Rules and be subject to review and approval by Current Planning Environmental
Staff.
F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to Current
Planning Environmental Review Staff for review and approval prior to final
plan/construction plan approval. A schedule for exotic removal within all preservation
areas shall be submitted with the above-mentioned plan.
G. Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Environmental Review Staff. Removal of exotic vegetation shall not be counted towards
mitigation for impacts to Collier County jurisdictional wetlands.
H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior to
final Plat/Construction Plan approval.
8.10 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with or following the construction of
the principal structure, but not before the principal structure.
8.11 SIGNS
As required by the requirements provisions of Divisions 2.5 Subsection 5.06.. Signs, of the LDC
in effect at the time sign permits are requested.
8.12 LANDSCAPING FOR OFF-STREET PARKING AREAS
As required by the requirements provisions of Di','ision 2.4 Section 4.06. Landscaping~ tm6
Buffering. and Vegetation Retention of the LDC in effect at the time building permits are
requested. However. considering controlled growth for small lots requiring tree species shall
consist of anyone of the following:
Mahoganv (Sweitenia maha!?oni)
Red Maple (Acer rubrum)
South Florida Slash Pine (Pinus elliotti. var. 'Densa')
Cabbage Palm (Sabal palmetto)
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Florida Royal Palm (Roystonea elata)
Foxtail Palm (Wodyetia bifurcata)
Dahoon Holly (Ilex cassine)
Magnolia (Magnolia grandiflora)
Satin Leaf (Chrysophyllum oliviforme)
8.13 POLLING PLACES
Polling places shall be permitted and provided for as deemed appropriate by the Supervisor of
Elections, in accordance with Section 3.2.8.3.14 2.01.04 of the LDC within the commercial or
recreational portion of the overall PUD as deemed appropriate by the developer.
8.14 SPECIAL CONDITIONS
An archaeological site consisting of approximately 0.26 acres is to be preserved in perpetuity and
become part of the open space of the Arrowhead PUD. The structure contained on this site
cannot be altered in any way until approval is obtained from the Collier County Historic and
Archeological Preservation Board.
8.15 ADDITIONAL REQUIREMENTS:
A. The road running through the single family and multi-family components of this
PUD, connecting Lake Trafford Road with Carson Drive shall be a public
roadway.
S. This project shall comply with Section 2.6.32 4.02.01 regarding open space
requirements, of the LDC.
C. The excavation of earthen material and its stockpiling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
If, after consideration of fill activities on buildable portions of the project site,
there is a surplus of earthen material, offsite disposal is also hereby permitted
subject to the following conditions:
I. Excavation activities shall comply with the definition of a "development
excavation" pursuant to Section 3.5.5.1.3 Section 22 of the of the !J2Ç
Code of Laws and Ordinances·, whereby offsite removal shall not exceed
ten (10) percent of the total volume excavated up to a maximum of 20,000
cubic yards.
2. A timetable to facilitate said removal shall be submitted to the
Development Services Director for approval. Said timetable shall include
the length of time it will take to complete said removal, hours of operation
and haul routes.
3. All other provisions of Section 3.5 of the LDC 22 of the Code of Laws and
Ordinances are applicable.
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D. Fire hydrants shall be appropriately located to meet the requirements and approval
of the local fire district. Cul-de-sac dimensions shall comply with NFP A 1,2000
Edition Section 3-5.2.
E. Development permitted by approval of this petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities
Ordinance contained in Divisions 3.15 Sections 6.02.01 and 10.02.27 of the LDC.
8.16 AFFORDABLE HOUSING:
The 1,245 density units within Arrowhead Reserve PUD were obtained without the Affordable
Housing Density Bonus Credits. The developer has voluntarily agreed to certain requirements
within the affordable housing guidelines to be qualified for the fast track zoning and µermitting
µrovisions as set forth in Resolution Number 2005-21.
The developer shall reserve a minimum of fifteen percent of the total number of dwelling units or
no less than 186 dwelling units (which are proposed to be located in Tract 2) for occupancy to
families whose combined income is no greater than 80% of Collier County's median income, in
compliance with the following:
A. Median Income. For the purposes of this PUD Document. the median income of the area
as defined by the U.S. Department of Housing and Urban Development (HUD) shall be
the then current median income for the Naples Metropolitan Statistical Area, established
periodically by HUD and published in the Federal Register, as adjusted for family size.
The figures may be adjusted ftom time to time in accordance with any adjustments that
are authorized by HUD, or any successor agency.
B. Each affordable housing unit in Phase 1 of Tract 2 shall be restricted to remain and be
maintained as an affordable housing rental unit for at least fifteen (15) years ftom the
date of issuance of a certificate of occupancy for such unit.
C. In the event the project is monitored by or completes yearly compliance reports for any
other state or federal agency ensuring affordability of units, the developer shall
simultaneously forward copies of such monitoring and compliance certifications for the
required affordable units to the Housing and Urban Improvement Director.
D. In the event that during the course of the project the developer or its sub-developers do
not meet the requirements of this Section. the County may discontinue the fast track
zoning and permitting process for the developer or its sub-developers.
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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 2005-13
Which was adopted by the Board of County Commissioners
on the 22nd day of March 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 28th
day of March, 2005,
DWIGHT E ,,~'BROCK .......""'/I/If,.';"
Clerk of 'cour~.s·~~:!f.t~f~.k",
Ex-offi.cio t<i £a'~ of,·...'<:~'~"
Count y " comm~~'~" '~~~ -:,'~ ....~.; \
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By: Linda A, ····~~~~lf·¿~'y
Deputy Clerk"..,......·