Ordinance 2005-19
ORDINANCE NO. 2005- 19
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, BY AMENDING THE APPROPRIA TE
ZONING ATLAS MAP OR MAPS TO CHANGE THE
ZONING CLASSIFICATION OF THE SUBJECT REAL
PROPERTY FROM RURAL AGRICULTURAL "A" TO
MIXED USE PLANNED UNIT DEVELOPMENT
"MPUD" FOR A DEVELOPMENT TO BE KNOWN AS
CAROLINA VILLAGE PUD CONSISTING OF 150,000
SQUARE FEET OF COMMERCIAL USES AND UP TO
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64 RESIDENTIAL UNITS, FOR PROPERTY LOCATED r-
ON THE NORTH SIDE OF V ANERVILT BEACH ROAD __.
ABOUT 1/4 MILE WEST OF COLLIER BOULEVARD, (.
IN SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 r
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF
15.88± ACRES; AND PROVIDING FOR AN EFFECTIVE
DATE.
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WHEREAS, William Hoover of Hoover Planning and Development Inc., representing
Catalina Plaza, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the subject real property in Petition PUDZ-2004-AR-6383.
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 described in Section 1.2 of the PUD
Document, attached hereto as Exhibit "A," and incorporated by reference herein, located in
Section 34, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A"
Rural Agricultural to "MPUD" Mixed Use Planned Unit Development in accordance with the
Carolina Village PUD. The appropriate zoning atlas map or maps as described in Ordinance
Number 04-41, as amended, the Collier County Land Development Code, hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the Florida Department of
State.
PASSED AND DULY ADOPTED by super majority vote of the Board of County
Commissioners of Collier County, Florida, this Z'- day of A P'" ~ \
, 2005,
ATTEST: ';.'
DWIGHT E¡ BROCI<., CLERK
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Approved, a.~t~'iQnTI and
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Patrick G. White
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
FRED W. COYLE, CHAIRMAN
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CAROLINA VILLAGE MIXED USE PUD
A MIXED USE PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE CAROLINA
VIL.LAGE MIXED USE PUD, A MIXED USE PLANNED UNIT DEVELOPMENT
PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT
CODE.
PREPARED FOR:
WILLIAM L. HOOVER
CATALINA PLAZA, LLC
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
PREPARED BY:
RICHARD D. YOV ANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 N. TAMIAMI TRAIL, SUITE 300
NAPLES, FLORIDA 34103
and
NORMAN J. TREBILCOCK, P,E., AICP
Q. GRADY MINOR & ASSOCIATES, INC,
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34134
and
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC,
3785 AIRPORT ROAD N, SUITE B-1
NAPLES, FLORIDA 34105
DATE FILED Auqust 9. 2004
DATE REVISED April 9. 2005
DATE REVIEWED BY CCPC April 7, 2005
DATE APPROVED BY BCC .Jjpn d..IJ ð1íVYô
ORDINANCE NUMBER 8ooc.,.. ¡q
AMENDMENTS AND REPEAL
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION 1/ PROJECT DEVELOPMENT REQUIREMENTS
SECTION 1/1 MIXED USE AREA PLAN
SECTION IV PRESERVE AREA PLAN
SECTION V DEVELOPMENT COMMITMENTS
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1
3
5
8
14
15
II
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EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "0"
EXHIBIT "E"
TABLE I
LIST OF EXHIBITS AND TABLES
PUD MASTER PLAN/UTILlTIES/WA TER MANAGEMENT PLAN
CROSS SECTIONS FOR PUD MASTER PLAN
CAROLINA VILLAGE LEGAL DESCRIPTION
LOCATION MAP
BOUNDARY SURVEY
DEVELOPMENT STANDARDS
!It
STATEMENT OF COMPLIANCE
The development of approximately 15.88± acres of property in Collier County, as a
Mixed Use Planned Unit Develop~ent to be known as Carolina Village Mixed Use PUD
will be in compliance with the planning goals and objectives of Collier County as set
forth in the Collier County Growth Management Plan. The commercial and residential
facilities of the Carolina Village Mixed Use PUD will be consistent with the growth
policies, land development regulations, and applicable comprehensive planning
objectives for the following reasons:
1. The subject property is within the Vanderbilt Beach/Collier Boulevard
Commercial Subdistrict land use designation as identified on the Future Land
Use Map and as described in the Vanderbilt Beach/Collier Boulevard
Commercial Sub-District of the Urban - Mixed Use District in the Future Land
Use Element. The Future Land Use Element permits commercial and residential
land uses in this area and this Mixed Use PUD complies with both the
commercial and residential development standards within the Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict.
2. The subject property's location in relation to existing or proposed community
facilities and services permits the development's commercial intensity as
described in Objective 2 of the Future Land Use Element.
3. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
5. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policy 3.1.G of the Future Land
Use Element.
6, The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1,5 of the Drainage Sub-Element of the Public Facilities Element.
7. The project is located within the Urban Mixed Use District, Vanderbilt
Beach/Collier Boulevard Commercial Subdistrict, on the Future Land Use Map.
The 64 proposed units over commercial uses and resultant density of 4.03
dwelling units per acre IS in compliance with the Future Land Use Element of the
Growth Management Plan based on the following relationships to required
criteria:
15.88 Acres for a Mixed-Use Project With Residential Uses Over Commercial
Uses Within the Vanderbilt Beach/Collier Boulevard Commercial Subdistrict
Maximum Permitted Density
16 dwelling units/acre
Maximum permitted units = 15.88 acres x 16 dwelling units/acre = 254 as
the maximum number of dwelling units at a maximum density of 15.99
dwelling units/acre.
Requested dwelling units = 64.
Requested density = 4,03 dwelling units/acre.
8. All final local development orders for this project are subject to Division 6.02,
Adequate Public Facilities Requirements, of the Collier County Land
Development Code.
,
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 Carolina Village Mixed Use PUD.
1.2 LEGAL DESCRIPTION
The subject property being 15.88± acres, is located in Section 34, Township 48
South, Range 26 East, and is fully described on Exhibit "C".
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
The Vanderbilt Beach Road Land Trust, c/o Mark L. Lindner, Trustee,
Naples Realty Services, 4980 N. Tamiami Trail, 2nd Floor, Naples, Florida
34103.
The subject property is under purchase contract by:
William L. Hoover, President of Catalina Land Group, Inc., as the
Manager of Catalina Plaza, LLC, 3785 Airport Road North, Suite B-1,
Naples, Florida 34105.
1 A GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the north side of Vanderbilt Beach
Road approximately one-quarter mile west of Collier Boulevard
(unincorporated Collier County), Florida.
B. The zoning classification of the subject property prior to the date of this
approved Mixed Use PUD Document was Rural Agricultural.
1.5 PHYSICAL DESCRIPTION
The Project site is located within the Harvey Drainage Basin according to the
Collier County Drainage Atlas. The proposed outfall for the Project is to the
Vanderbilt Canal.
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Natural ground elevation varies from 12,3 to 13,2 NGVD; average site elevation
is about 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with
no base flood elevation specified.
The water management system of the Project will include the construction of a
perimeter berm with crest elevation set at or above the 25-year. 3-day peak flood
stage. Water quality pretreatment will be accomplished by an on-site lake
system prior to discharge south into the Vanderbilt Canal or discharge north into
the Black Bear Ridge Subdivision water management system and eventual
southerly discharge into the Vanderbilt Canal.
The water management system will be permitted by the South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this Project
including, but not limited to: storm attenuation with a peak discharge rate per
Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm
and finished floor elevations, water quality pre-treatment. and wetland hydrology
maintenance.
Per the Natural Resource Conservation Service Soils Mapping for Collier County
dated January 1990, the soil type found within the limits of the property is #2-
Holopaw Fine Sand, Limestone Substratum,
Site vegetation consists predominantly of improved pasture grasses, except a
narrow strip of native vegetation along the north property line which is pine-
cypress-cabbage palm forest.
1.6 PROJECT DESCRIPTION
The Carolina Village Mixed Use PUD is a project comprised of 15,88 acres
designated for commercial and residential land uses and the commercial uses
are limited to a maximum of 150,000 square feet of gross leasable area and the
residential land uses are limited to a maximum of 64 dwelling units. All
residential dwelling units shall be located in mixed-use buildings with commercial
uses situated on at least the first floor, Commercial and residential land uses and
signage are designed to be harmonious with one another in a natural setting by
using common architecture, quality screening/buffering, and native vegetation,
whenever feasible,
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Carolina Village Mixed Use
Planned Unit Development Ordinance",
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SECTION"
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 tracts included in the project, as well as other project
relationsh ips,
2.2 GENERAL
A. Regulations for development of the Carolina Village Mixed Use PUD shall
be in accordance with the contents of this document, MPUD - Mixed Use
Planned Unit Development District and other applicable sections and
parts of the Collier County Land Development Code and Growth
Management Plan in effect at the time of building permit application,
Where these regulations fail to provide developmental standards, then the
provisions of the most similar district in the Land Development Code shall
apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application,
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Carolina Village Mixed Use PUD
shall become part of the regulations, which govern the manner in which
the MPUD site may be developed.
D. Unless modified, waived or excepted by this MPUD the provisions of other
land development codes where applicable remain in full force and effect
with respect to the development of the land which comprises this MPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 6.02 Adequate Public
Facilities Requirements of the Collier County Land Development Code at
the earliest. or next, to occur of either Final Site Development Plan
approval. Final Plat approval, or building permit issuance applicable to this
development.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
Commercial uses are limited to 15,88 acres with a maximum of 150,000 square
feet of gross leasable area and residential uses are limited to a maximum of 64
:i
dwelling units and must be located on the second and/or third floors of mixed-
use buildings with commercial uses on at least the first floor. Carolina Village
Mixed Use PUD is intended to create a pedestrian-friendly atmosphere that
encourages area residents to work and shop there and on-site workers to walk to
other services, such as having lunch within the project.
The maximum of 64 residential units will not exceed a density of 403 units/per
acre.
The project is shown as 2 tracts, a "North Tract" located north of Carolina Way
(the east-west roadway splitting the site) and a "South Tract" located south of
Carolina Way. The South Tract is expected to be more retail-oriented with a sit-
down restaurant, a bank, and a few residential uses. The North Tract is
expected to be more office and service-oriented. The North Tract will likely have
both medical and professional offices and some residential uses,
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A Prior to the recording of a Record Plat, and/or Condominium Plat for all or
part of the MPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the PUD Master Plan, the Collier County Subdivision
Code and the platting laws of the State of Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development
Plan. Subsequent to or concurrent with PUD approval, a Preliminary
Subdivision Plat if applicable shall be submitted for the entire area
covered by the PUD Master Plan, Any division of the property and the
development of the land shall be in compliance with the PUD Master Plan,
Division 4.03 Subdivision Design and Layout of the Land Development
Code, and the platting laws of the State of Florida.
C. The provisions of Section 10,02.03, Site Development Plans of the Land
Development Code. when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Section 10.02.03 prior
to the issuance of a building permit or other development order,
D. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities,
2.5 SALES/RENTAL/CONSTRUCTION FACILITIES
Temporary sales/rental trailers and construction trailers can be placed on the site
after Site Development Plan approval and prior to the recording of Subdivision
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Plats, subject to the other requirements of Section 5.04.04 of the Land
Development Code,
2,6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 10.02.13E.
2.7 PROPERTY OWNERS ASSOCIATION FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or amenities whose
ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the
common interest is located, that developer entity shall provide appropriate legal
instruments for the establishment of a Property Owners Association whose
function shall include provisions for the perpetual care and maintenance of all
common facilities and open space.
7
SECTION III
MIXED USE AREA PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Mixed Use Areas as shown on Exhibit "A", PUD Master Plan.
3.2 GENERAL DESCRIPTION
Areas designated as Mixed Use Areas on the PUD Master Plan are intended to
provide a variety of retail uses and office uses while providing for the opportunity
of having residential uses on the second and/or third floor of mixed use buildings
that have commercial uses on at least the first floor. Commercial Areas are
limited to a maximum gross leasable area of 150,000 square feet and residential
uses are limited to a maximum of 64 dwelling units.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or pårt, for other than the fol/owing:
A. Permitted Commercial Principal Uses and Structures:
1. Amusement and Recreation Services (groups 7911, 7991, 7993
only for indoor video game arcade and indoor coin-operated
amusement machine, 7999 only for bicycle rental. ice skating rink
operation, indoor slot-car track, and miniature golf course).
2. Apparel and Accessory Stores (groups 5611 - 5699).
3, Auto Supply Stores (group 5531 only for automobile accessory
dealers and automobile parts dealers, limited to retail sales without
any installation),
4, Automobile Parking (group 7521)
5. Paint. Glass, and \iVal/paper Stores (group 5231).
6, Business Services (groups 7311, 7313. 7322 - 7338. 7361, 7371 _
7379. 7384, 7389 only for service of interior decorating/design.
mapmaking, notary public, paralegal service, and Postal Service
contract stations)
7, Depository and Non-Depository Institutions (groups 6021-6199),
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8. Eating Places (group 5812) and Drinking Places (group 5813 only
cocktail lounges and on-premise consumption of beer, wine and
liquor, in cO(1junction with a restaurant.) Drinking Places are
subject to the locational restrictions described in Section 2.6.10 of
the Land Development Code.
9. Educational Services (groups 8211 - 8231 (no regional libraries).
10, Food Stores with 5,000 square feet or less of gross floor area in the
principal structure (groups 5411 - 5499),
11. General Merchandise Stores with 5,000 square feet or less of
gross floor area in the principal structure (groups 5311 _ 5399).
12. Health Services (groups 8011 - 8049, 8082),
13. Home Furniture, Furnishings and Equipment Stores (groups 5712 _
5736).
14, Insurance Carriers, Agents, Brokers, and Services with 5,000
square feet or less of gross floor area in the principal structure
(groups 6311 - 6399,6411).
15. Legal Services (group 8111).
16. Membership Organizations (groups 8611, 8621, 8641 - 8661).
17. Miscellaneous Repair (groups 7622, 7629, 7631, 7699 but only
bicycle repair, camera repair, locksmiths, luggage repair, medical/
dental instrument repair, musical instrument repair, piano repair,
saw/knife sharpening service, and custom picture framing).
18. Miscellaneous Retail (groups 5912, 5921, 5932 (antiques only),
5941 - 5949, 5961, 5962, 5992 - 5999 (except auction rooms,
awning shops. fireworks, gravestones, hot tubs, monuments, sales
barns, swimming pools, tombstones and whirlpool baths), (The
sale of swimming pool accessories and supplies is allowable under
5999, but not the sale of swimming pools,)
19, Motion Picture Theaters and Video Tape Rental (groups 7832 and
7841 ).
20, Museums and Art Galleries (group 8412).
9
21. Personal Services (group 7212 dry-cleaning and laundry pickup
stations only, 7221 - 7291, 7299 (only car title and tag service, diet
workshops, tuxedo rental, massage parlor, and tanning salon).
22. Professional Offices, Research, and Management Consulting
Services (groups 8711 - 8743, 8748).
23. Public Administration (groups 9111 - 9199,9229,9311,9411 _
9451,9511-9532,9611-9661,9221).
24. Real Estate Agents and Managers (groups 6512,6531 _ 6552).
25. Security and Commodity Dealers (groups 6211 -6289),
26. Social Services (groups 8322 (only adult day care services,
counseling services, and senior citizens associations), 8351),
27. Travel Agencies (group 4724).
28. Any other use which is comparable in nature with the foregoing list
of permitted principal and the accessory uses by the Board of
Zoning Appeals (BZA).
B. Permitted Residential Principal Uses and Structures:
1. Multi-family dwellings.
2. Any other use which is comparable in nature with the foregoing list
of permitted principal and the accessory uses by the Board of
Zoning Appeals (BZA).
C. Accessory Commercial Uses:
1, Uses and structures that are accessory and incidental to the
Permitted Uses within this PUD Document.
2, Drinking Places (group 5813 only cocktail lounges and on-premise
consumption of beer, wine, and liquor in conjunction with a
restaurant.)
3. Caretaker's residences subject to Section 5,03,05 of the Collier
County Land Development Code.
0, Accessory Residential Uses:
10
1. Customary residential accessory uses and structures including
carports, garages, and storage buildings.
2. Recreational. uses and facilities including swimming pools, hot tubs,
volleyball courts, children's playground areas, tot lots, walking
paths, picnic areas, clubhouse, verandahs, and basketball/shuffle
board courts.
3. Manager's residences and offices, temporary sales trailers, and
model units.
4. Gatehouse.
5. Essential services, including interim and permanent utility and
maintenance facilities.
6. Carports are permitted within parking areas,
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the
Carolina Village Mixed Use PUD. Front yard setbacks in Table I shall be
measured as follows:
1, If the parcel is served by a public or private right-ot-way, the
setback is measured from the adjacent right-ot-way line.
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
II
TABLE I
MIXED USE DEVELOPMENT STANDARDS
STANDARDS
Minimum lot Area
Minimum lot Width
FronLYa~~tSetback
Side ~'arcJ Setback (2}
1 Story
2 Story
3 Story
Rear Yard Setback
Principal Structure
Accessory Structure
PUD Boundary Setback
Principal Structure
Accessory Structure
lake Setback (3)
Preserve Area Setback
Principal Structure
Accessory Structures or Other Site
Alterations
Distance Between Structures
Main/Principal
1-Story to 1-Story
1-Story to 2-Story
2-Story to 2-Story
2-Story to 3-Story
3-Story to 3-Story
Accessory Structures
Maximum Heiqht: (4)
Retail Building
Office Building
Mixed-Use Building (4)
Accessory Building
Minimum Floor Area
COMMERCIAL USES
10,000 Sq Ft
7S' (1)
20
6'
7S'
10'
1S'
10'
BH
10' or buffer width
20' or 0'
2S'
10
12'
13,S'
1S'
175
20'
Same as principal structure
3S' and 1 story
42' and 3 stories
4S' and 3 stories
35'
700 Sq Ft of principal structure
on first habitable floor
RESIDENTIAL USES
SCU on First Floor
SCU on First Floor
SCU on First Floor
SCU on First Floor
SCU on First Floor
SCU on First Floor
SCU on First Floor
10'
BH
10' or buffer width
20' or 0'
25'
10'
12'
13S'
15'
175
20'
Same as principal structure
NA
NA
4S' and 3 stories
3S'
SOO Sq, Ft per dwelling unit
(1) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%,
(2) Where fee simple lots are created for each bUilding unit no side yard shall be required between
interior units of a unified principal structure, and the side yard shall be measured from the exterior wal/(s)
of the unified principal structure,
(3) lake setbacks are measured from the control elevation established for the lake lake setbacks can
be reduced from 20' to 0' where a stemwall bulkhead or pier is constructed and the requirements of
Section 4,02 OS of the lDC are met.
(4) Retail uses are limited to the first floor of any Dudding Residential uses are limited to the second and
third floors of mixed-use bUildings (structures With retail or office uses on the first floor and office or
residential uses on the second and third floors)
Note'BH" refers to bUilding height and "SCU" refers to same as the commerCial use on the first floor of
the mxed-use building the residential use IS located in
I '
, ,. / I " ,
B. Off-Street Parkinq and Loadinq Requirements:
As required by Division 4.05 Off-Street Parking and Loading of the Land
Development Code .in effect at the time of building permit application. Off
site parking is permitted where a shared parking facility is located within
300 feet of the building requiring such parking.
C. Bufferinq Requirements:
A minimum twenty (20) foot wide Type "0" Buffer shall be provided along
Vanderbilt Beach Road, with the landscaping as required in Section
4.06.02 of the Collier County Land Development Code,
0, Commercial Desiqn Standards
The project shall meet the commercial design standards within Division
5.05.08 of the Collier County Land Development Code.
E, Deviations
1, Deviation from Land Development Code (LDC) Section 5.06.04A,6.a.-
c., in order to permit approximately half, of one double-faced sign a
maximum of 8 feet in height and 64 square feet in area, located in a
median in the road between the Wolf Creek PUD and the Carolina
Village Mixed Use PUD (labeled Pristine Drive on Exhibit "A") and on
the west side of the Carolina Village property line with the advertising
limited exclusively to no more than 3 residential developments within
the abutting Wolf Creek PUD. The proposed sign must meet all
vehicular safety sight distance standards for Collier County and have a
minimum 10-foot setback from the Vanderbilt Beach Road right-of-
way, as described in Section 5.06.04A.6.a. of the LDC. The proposed
sign must be externally lighted and not internally lighted. This deviation
allows a better quality sign to be constructed for the 3 residential
projects, without having the sign looking out of balance if it were
located solely on the western half of the median in the road, and also
minimizes confusion for visitors and deliveries to the 3 residential
projects.
u
SECTION IV
PRESERVE AREA PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended
pursuant to Section 5,3.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
1-1
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development
Plans, Final Subdivision Plans and all applicable State and local laws, codes,
and regulations applicable to this MPUD, in effect at the time of building permit
application. Except where specifically noted or stated otherwise, the standards
and specifications of the Collier County Land Development Code shall apply to
this project even if the land within the MPUD is not to be platted. The developer,
his successor and assigns, shall be responsible for the commitments outlined in
this document.
The developer, his successor or assignee, shall follow the PUD Master Plan and
the regulations of this MPUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Agreement.
5,3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section
10.02.13E. of the Collier County Land Development Code. amendments
may be made from time to time.
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.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is expected to be cOfJ1pleted in one (1) or
two (2) phases,
15
A. The landowners shaH proceed and be governed according to the time
limits pursuant to Section 10.02,130, of the Land Development Code. The
third anniversary date of this MPUD shall be computed from the earlier of
October 1, 2007 or the substantial completion (new traffic lanes are open
to traffic) of the 6-laning projects on both Collier Boulevard, between
Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach
Road, between Logan Boulevard and Collier Boulevard.
B. Monitorinq Report: An annual monitoring report shaH be submitted
pursuant to Section 10.02,13F, of the Collier County Land Development
Code.
5.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 4.03 Subdivision Design and Layout.
5.6 WATER MANAGEMENT
A. A copy of the South Florida 'Nater Management District (SFWMD)
Surface Water Permit Application shall be sent to Collier County
Development Services with the SOP submittal.
B. A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way
Permit, and SFWMD Discharge Permit shall be submitted prior to Final
Site Development Plan Approval.
C. An Excavation Permit will be required for any proposed lake(s) in
accordance with Collier County and SFWMD rules,
D. Lake setbacks from the perimeter of the MPUD may be reduced to
twenty-five (25) feet where a SIX (6) foot high fence or suitable substantial
barrier is erected,
5.7 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No, 88-76, as amended, and other applicable County
rules and regulations,
II.
5,8 TRAFFIC
A. All traffic control d~vices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FOOT
Design Standards, current edition, and the Manual on Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall
be consistent with and as required by the Collier County Land
Development Code (LOC),
B. Arterial level street lighting must be provided at all development access
points. Access lighting must be in place prior to the issuance of the first
Certificate of Occupancy.
C. Access points, including both driveways and proposed streets, shown on
the PUD Master Plan are considered to be conceptual. Nothing depicted
on any such PUO Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such accesses shall be consistent with the
Collier County Access Management Policy (Res. 01-247), as it may be
amended from time to time, and with the Collier County Long-Range
Transportation Plan. The number of access points constructed may be
less than the number depicted on the PUD Master Plan; however, no
additional access points shall be considered unless a PUD Amendment is
processed.
D. Site-related improvements (as opposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first Certificate of Occupancy.
E, Road Impact Fees shall be paid in accordance with Collier County _
Ordinance 01-13, as amended,
F. All work within Collier County rights-of-way shall require a Right-of-Way
Permit.
G. All proposed median openings shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as amended,
and the LOC, as it may be amended. Collier County reserves the right to
modify or close any median openings existing at the, time of approval of
this MPUO which is found to be adverse to the health, safety and welfare
lì
of the public. Any such modifications shall be based on, but are not
limited to, safety, operational circulation, and roadway capacity,
H. Nothing in any development order shall vest a right of access in excess of
a right-in/right-out condition at any access point. Neither will the existence
of a point of ingress, a point of egress or a median opening, nor the lack
thereof. shall be the basis for any future cause of action for damages
against Collier County by the developer, its successor in title, or assignee.
I. All internal roads, driveways, alleys, pathways, sidewalks, and
interconnections to adjacent developments, with possible exceptions for
Buckstone Drive and Pristine Drive, shall be operated and maintained by
an entity created by the developer and Collier County shall have no
responsibility for maintenance of any such facilities.
J. If any required turn lane improvement requires the use of existing County
right-of-way or easement, compensating right-of-way, shall be provided
without cost to Collier County as a consequence of such improvement.
K. 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 by neighboring property
owners within the shared road agreement, and shall be paid to Collier
County before the issuance of the first Certificate of Occupancy.
L. Adjacent developments have been designed to provide shared access or
interconnections with this development. The PUD Master Plan indicates
these locations, The developer, or assigns, shall assure that any such
shared access or interconnection is utilized and shall accommodate the
perpetual use of such access by incorporating appropriate language into
the development covenants or plat.
M. The developer shall provide a copy of a shared road agreement for both
Pristine Drive and Buckstone Drive and documentation showing that he
has made any required "fair-share" payments on each prior to the
issuance of the first Certificate of Occupancy.
N. The project may commence construction of infrastructure, site work, and
buildings upon receiving all applicable permits, however Certificates of
Occupancy for any buildings shall not be issued until the earlier of
October 1, 2007 or until the substantial completion (new traffic lanes are
open to traffic) of the 6-lanlng projects of both Collier Boulevard, between
Immokalee Road and Golden Gate Boulevard, and Vanderbilt Beach
Road, between Logan Boulevard and Collier Boulevard,
IX
5.9 PLANNING
A Pursuant to Section 2.03.07E. of the Land Development Code, if during
the course of site .clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
5,1 ° ENVIRONMENTAL
A Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by Environmental Services Staff.
B. All conservation/preservation areas shall be designated as Preserve on all
construction plans, and shall be recorded on the plat as a separate tract
or easement with protective covenants per or similar to Section 704,06 of
the Florida Statutes. Preserve areas shall be dedicated on the plat to the
project's homeowners association or like entity for ownership and
maintenance responsibilities and to Collier County with no responsibility
for maintenance. Buffers shall be provided in accordance with Section
3.05,07 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to Collier County with no responsibility for maintenance and
subject to the uses and limitations similar to or as per Section 704,06 of
the Florida Statutes.
C, 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 Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval.
D. Any perimeter berms, shall be entirely outside of all upland and wetland
preserve areas.
E. A minimum of 0,17 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. If created preserves will be used to make up any of the
acreage, the landscape plans shall re-create the native plant community
(in accordance with Section 3.05.07 of the Collier County Land
Development Code) shall be submitted with the First Development Order
submittal for review and approval.
19
F. All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant 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.
G. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site/construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
H. This MPUD shall be consistent with the Environmental Section of the
GMP Conservation and Coastal Management Element and the Land
Development Code at the time of final development order approval.
I. This MPUD shall comply with the guidelines of the USFWS and FFWCC
for impacts to protected species. A Habitat Management Plan for those
species shall be submitted to environmental review staff for review and
approval prior to Site Plan approval.
J. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be
submitted prior to final Site Plan/Construction Plan approval.
5.11 ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with or following the
construction of the principal structure except for a temporary construction site
office or temporary sales/rental facility.
5.12 SIGNS
Signs for this mixed use project shall be permitted as described in Section 5.06
of the Collier County Land Development Code.
5.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with Chapter 4
of the Collier County land Development Code in effect at the time of building
permit application.
5.14 POLLING PLACES
Pursuant to Section 4,07,06 of the land Development Code provision shall be
made for the future use of building space within common areas for the purposes
of accommodating the function of an electoral polling place,
21)
An agreement recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding upon any and all successors in interest
that acquire ownership of such common areas including, but not limited to:
condominium associations, homeowners associations, or tenants associations.
This agreement shall provide for said community recreation/public building/public
room or similar common facility to be used for a polling place if determined to be
necessary by the Supervisor of Elections,
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Exhibit "c"
Çarolina Village
Legal Description
THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 34,
TOWNSHIP 48 SOUTH. RANGE 26 EAST, COLLIER COUNTY. FLORIDA; LESS AND EXCEPT
VANDERBilT BEACH ROAD RIGHT-OF-WAY, BEING MORE PARTICULARLY DESCRIBED
AS FOllOWS:
COMMENCE AT THE SOUTHEAST CORNER OF SECTION 34, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN NORTH 89°46'10" WEST,
ALONG THE SOUTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A
DISTANCE OF 1.322,24 FEET TO THE SOUTHEAST CORNER OF THE SOUTH 1/2 OF THE
SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN NORTH
02°14'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 34, FOR A DISTANCE OF 14513 FEET TO A POINT ON THE NORTH
RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD, A 175 FOOT WIDE RIGHT-OF-WAY,
AND THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCR/BED; THENCE
CONTINUE NORTH 02°14'20" WEST, ALONG THE EAST LINE OF THE SOUTHWEST 1/4 OF
THE SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523.93 FEET TO THE
NORTHEAST CORNER OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST
1/4 OF SAID SECTION 34; THENCE RUN NORTH 89°47'36" WEST, ALONG THE NORTH LINE
OF THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION
34, FOR A DISTANCE OF 1,322.04 FEET TO THE NORTHWEST CORNER OF THE SOUTH
1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SAID SECTION 34; THENCE RUN
SOUTH 02°13'26" EAST, ALONG THE WEST LINE OF THE SOUTHWEST 1/4 OF THE
SOUTHEAST 1/4 OF SAID SECTION 34, FOR A DISTANCE OF 523,38 FEET TO A POINT ON
THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT BEACH ROAD: THENCE RUN
SOUTH 89°46'10" EAST. ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID VANDERBILT
BEACH ROAD, FOR A DISTANCE OF 1,32220 FEET TO THE POINT OF BEGINNING,
CONTAINING 15879 ACRES, MORE OR LESS
EXHIBI T "0"
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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 2005-19
Which was adopted by the Board of County Commissioners
on the 26th day of April 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of May, 2005.
DWIGHT E. BROCK
Clerk of Courts and ,C.1er,k , '..
Ex-officio to BoaJ2d~\;6'~' VCI:
I , ,." ,....J.) ..4'·' ... ...
County CommlSSlo.n~r.s' _'
'" .~.....-<,
Ck-u. ^,w"'q~A:c ,"; ..
'o---cr\~~ ,
By: Ann Jenne] OI:~~J;'" .
Deputy Clerk" ,~t.;..:~. ',:::' ,'':.0'
"',.. ~', .~,~.'~~~_\.1,~~~~,,,,,
'-_._--"--_._.,,--,-
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