Ordinance 2005-53
ORDINANCE NO. 05- 53
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY FLORIDA, AMENDING ORDINANCE NUMBER
2004-41, 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 APPROPRIATE
ZONING ATLAS MAP OR MAPS; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM "RMF-6" TO "RPUD" RESIDENTIAL PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS SANTA BARBARA LANDINGS
PUD TO ADD 43 MIXED RESIDENTIAL DWELLING UNITS TO THE 248
EXISTING DWELLING UNITS FOR A TOTAL OF 291 DWELLING
UNITS LOCATED ON SANTA CLARA DRIVE AT THE INTERSECTION
OF SANTA BARBARA BOULEVARD AND RADIO ROAD, IN SECTION
4, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 41.6± ACRES; AND PROVIDE AN
EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold, AICP, ofQ. Grady Minor & Associates, and Richard D. Yovanovich,
1
Esq., of Goodlette, Coleman & Johnson, representing S1. George Group, Corporation, petitioned the Board of
County Commissioners to change the zoning classification of the subject real property for Petition No. PUDZ-
2003-AR-4493.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
The zoning classification of the subject real property located in Section 4, Township 50 South, Range
26 East, Collier County, Florida, as described in Section 1.2 of the Santa Barbara Landings PUD Document,
attached hereto as Exhibit "A" and incorporated by reference is changed from "RMF-6" to "RPUD" Residential
Planned Unit Development to be known as Santa Barbara Landings PUD to add 43 mixed residential dwelling
units to the 248 existing dwelling units for a total of 291 dwelling units. The appropriate zoning atlas map or
maps; as described in Ordinance Number 2004-41, as amended, the Collier County Land Dey..el~pment Code, is
hereby amended accordingly.
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SECTION TWO:
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This Ordinance shall become effective upon filing with the Florida Department of sta~ê.
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PASSED AND DULY ADjPTED by super-majority vote of the Board of Coun~; fom~ssioneÎs of
Collier County, Florida, this 1/ tndayof ()¿!Ip.J er ,2005. :> ' '", ¡
,
ATTEST: ..1 . U "~ f\(,'i1 (). "
. .' :to- '
, .
BOARD OF COUNTY COMMISSIONERS
::LLŒ:~:~~
. FRED . COYLE, CHAIRM
, .
Page 1 of 1
This ordinance filed with the
~c;rptary of,,~tFl1¡e/~, Offj~e
~day o~,& ~
and acknowledgem~ qf that
filing received this~ day
Of~e,~l~.U-
Deputy CIe.
PU DZ-200J-AR-449JIMJ Dlsp
SANTA BARBARA LANDINGS
RESIDENTIAL PLANNED UNIT DEVELOPMENT
41.6± Acres Located in Section 04, Township 50 S, Range 26 E
Collier County, Florida
PREPARED FOR:
Santa Barbara Garden Villas, LLC
1401 Ponce de Leon Boulevard, Suite 401
Coral Gables, Florida 33134
And
S1. George Group, Corporation
1401 Ponce de Leon Boulevard, Suite 401
Coral Gables, Florida 33134
PREPARED BY:
Richard D. Y ovanovich, Esq.
Goodlette, Coleman & Johnson
400 I Tamiami Trail North, Suite 300
Naples, Florida 34103
And
D. Wayne Arnold, AICP
Q. Grady Minor & Associates
3800 Via del Rey
Bonita Springs, Fl 34134
DATE FILED
DA TE APPROVED BY CPCC
DA TE APPROVED BY BCC
ORDINANCE NUMBER
10-11-2005
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EXHIBIT "A"
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TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLE
ST A TEMENT OF COMPLIANCE
11
SECTION I
LEGAL DESCRIPTION, PROPERTY
OWNERSHIP AND GENERAL DESCRIPTION
I-I
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
II-I
SECTION III
RESIDENTIAL "R" DEVELOPMENT AREA
III -1
SECTION IV
PRESERVE "P" AREA
IV-l
SECTION V
DEVELOPMENT COMMITMENTS
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LIST OF EXHIBITS AND TABLES
EXHIBIT A CONCEPTUAL MASTER PLAN
EXHIBIT B SURFACE WATER MANAGEMENT PLAN
EXHIBIT C LOCA TION MAP
EXHIBIT D BOUNDARY SURVEY
TABLE I DEVELOPMENT STANDARDS 111-3
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STATEMENT OF COMPLIANCE
Santa Barbara Garden Villas, LLC and S1. George Group, Corporation intends to create a
Residential Planned Unit Development on approximately 41.6± acres ofIand located in Section
04. Township 50 S, Range 26 E, Collier County, Florida. Approximately 6.3 acres of the
property is encumbered with a 100' wide roadway easement for Santa Barbara Boulevard,
making the net site approximately 35.3 acres. The name of the Residential Planned Unit
Development (RPUD) shall be Santa Barbara Landings RPUD. The development of the Santa
Barbara Landings RPUD will be in compliance with the planning goals and objectives of Collier
County as established in the Growth Management Plan. The development will be consistent
with the policies of the land development regulations adopted under the Growth Management
Plan and applicable regulations for the following reasons:
1.
The subject property is located within the Urban Mixed Use District, Urban Residential
Sub-District, as identified on the Future Land Use Map.
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The density provided for in the Santa Barbara Landings RPUD complies with the Density
Rating System contained in the Future Land Use Element of the Growth Management
Plan. The subject property is located within the residential density band, which extends
from the Mixed-use activity center located at the intersection of Santa Barbara Boulevard
and Davis Boulevard. The density permissible is 4 dwelling units per acre. Up to 3
dwelling units per acre may be added within the density band, bringing the permissible
base density to 7 dwelling units per acre.
Base density
Density band
Maximum permitted density
Requested density
+
4.0 duJacre
3.0 duJacre
7.0 duJacre
7.0 du/acre (291 units)
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At the time of the rezoning application, 248 multiple-family dwellings exist on the site.
The subject rezoning will add a maximum of 43 additional dwelling units for a maximum
total of 291 dwelling units. All property within the RPUD boundary shall be utilized in
calculating the project density.
The project development is compatible and complementary to eXIstmg and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element (FLUE).
Improvements are planned to be in compliance with the applicable land development
regulations as required in Objective 3 of the FLUE, except as may be modified in this
RPUD document
All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance as required in Objective 2 of the FLUE.
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6. The design of Santa Barbara Landings RPUD protects the function of the eXIstmg
drainage features and natural groundwater aquifer recharge areas as required in Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
7. This project shall be subject to applicable Sections of the LDC at the time of
development order approval, except as otherwise provided herein.
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP
AND GENERAL DESCRIPTION
1.1 PURPOSE
Section I sets forth the location and ownership of the property, and describes the existing
conditions of the property proposed to be developed under the project name Santa
Barbara Landings RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 41.6 acres more or less, is described as:
The west half (W. 12) of the west half (W. 12) of the northwest quarter (N.W. 1;4) of
Section 4, Township 50 South, Range 26 East, all being situated in Collier County,
Florida, less the north 50 feet thereof
SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD.
1.3 PROPERTY OWNERSHIP
The property is currently owned by:
Santa Barbara Garden Villas, LLC and St. George Group, Corporation whose address is:
1401 Ponce de Leon Boulevard, Suite 401 Coral Gables, Florida 33134
!.-+ GENERAL DESCRIPTION OF PROPERTY
A. The project is located in Section 04, Township 50, Range 26 and is generally
bordered on the north by Radio Road, on the east by Plantation PUD; on the south
by Bembridge PUD on the west by Santa Barbara Boulevard.
B. The zoning classification of the subject property at the time of RPUD application
is RMF-6.
C. According to FEMNFIRM Map Panel Number 120067 415 D, dated June 3,
1986, the property is located within Zone X.
D. Soils on the site generally include Hallandale fine sand and Boca, Rivera,
Limestone Substratum and Copeland fine sand depressional.
E. Existing vegetation on the site consists of melaleuca, Brazilian Pepper, palmetto
prairie, pine flatwoood, cypress, Cabbage Palm and disturbed lands. WetIand
areas have been heavily impacted by melaleuca.
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F. According to the Collier County Drainage Atlas, the site is located in the Lely
Canal Basin. The conceptual water management plan is depicted in the Surface
Water Management Report, which accompanied the rezone application submittal.
1.5 SHORT TITLE
This Ordinance is known and cited as the "Santa Barbara Landings Residential Planned
Unit Development Ordinance."
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2. I PURPOSE
Section II delineates and generally describes the plan of development and identifies
relationships to applicable County ordinances, policies, and procedures.
2.2 GENERAL DESCRIPTION OF THE PROJECT
A. Santa Barbara Landings RPUD is a mixed-use residential project and will consist
of two development parcels and multiple preservation areas. Categories of land
uses include those for residential and preserve areas. The Residential areas are
designed to accommodate single-family attached, duplex and multiple family
dwellings. The overall project density is 7 dwelling units per acre and the
maximum units permitted in the RPUD shall be 291 units.
B. Exhibit "A" depicts the RPUD Master Plan. The RPUD Master Plan includes a
table that summarizes land use acreage. The location, size and configuration of
individual tracts shall be determined at the time of Preliminary and Final
Subdivision Plat approval.
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COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Santa Barbara Landings RPUD shall be in
accordance with the contents of this document, 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 issuance
of any development order to which said regulations relate which authorize the
construction of improvements. 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 Land Development Code in effect at the time of
building permit application.
C. Unless modified, waived or excepted from this RPUD Document or associated
exhibits, the provisions of other sections of the land development codes, where
applicable, remain in full force and effect with respect to the development of the
land that comprises this RPUD.
D. Development permitted by the approval of this petItIOn will be subject to a
concurrency review under the provisions of Chapter 6, Adequate Public Facilities,
of the Land Development Code.
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2.4 LAND USES
Land uses are generally depicted on the RPUD Master Plan, Exhibit A. The specific
location and size of individual tracts and the assignment of square footage or units shall
be detennined by the developer at the time of site development plan approval,
preliminary subdivision plat approval, or final subdivision plat approval subject to the
provisions of Chapter 10 of the Collier County LDC.
2.5 USE OF RIGHTS-Of-WAY
The Developer may utilize land within the rights-of-way within the RPUD for
landscaping, decorative entranceways, and unified signage. This utilization is subject to
review and administrative approval during the development review process by the
Community Development and Environmental Services Administrator for engineering and
safety considerations.
2.6 MODEL HOMES SALES OFFICE AND CONSTRUCTION OFfICE
A. Construction offices and other uses and structures related to the promotion and
sale of real estate such as, but not limited to, pavilions, parking areas, and signs,
shall be pennitted principal uses throughout the Santa Barbara Landings RPUD.
These uses shall be subject to the requirements of Chapter 5 and Chapter 10 of the
LDC.
B. Model Homes may be permitted in multi-family and townhome buildings may be
utilized for wet or dry models, subject to the time frames specified in Chapter 5 of
the LDC.
2.7 CHANGES AND AMENDMENTS TO RPUD DOCUMENT OR RPUD MASTER
PLAN
Changes and amendments may be made to this RPUD Ordinance or RPUD Master Plan
as provided in Chapter 10 of the LDC. Minor changes and refinements as described
herein may be made by the Developer in connection with any type of development or
permit application required by LDC.
2.8 OPEN SPACE REQUIREMENTS
A minimum of 30% of the project (l2.48± acres) shall be devoted to usable open space.
2.9 NATIVE VEGETATION RETENTION REQUIREMENTS
A minimum of three (3) acres of native vegetation shall be maintained on the subject site
through a combination of preservation of existing native vegetation and revegetation of
native vegetation. The areas of retained native vegetation and replanted native vegetation
are shown as Preserve areas on the Conceptual Master Plan, Exhibit A.
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2. ¡ 0 COMMON AREA MAINTENANCE
One or more Property Owner's Association (POA) will provide common area
maintenance. The POA, as applicable, shall be responsible for the operation,
maintenance, and management of the surface water and stormwater management systems
and preserves serving Santa Barbara Landings RPUD, in accordance with any applicable
permits from the South Florida Water Management District.
2. I I DESIGN GUIDELINES AND STANDARDS
A. The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership as set
forth in Chapter 2 of the LDC.
1. Individual Projects
a) Site Planning: Each distinct project within the RPUD will provide
an aesthetically appealing, identifiable path of entry for pedestrians
and vehicles. The orientation of buildings and structures will be
sensitive to adjacent land uses and the surrounding community.
b) Landscaping: Where applicable, plantings along public rights-of
way will be complimentary to streetscape landscaping.
2. ¡ 2 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
A. Landscape buffers, berms, fences and walls are generally permitted as a principal
use throughout the RPUD, excluding preserves.
B. The maximum fence, wall or berm height internal to the RPUD shall be eight (8)
feet, not including those portions of walls incorporated into project identification
signs. The maximum fence height shall be measured relative to the greater of the
crown of the adjacent roadway or the adjacent minimum finished floor, as
applicable. The eight (8') foot high precast wall shown on the conceptual master
plan shall be constructed concurrent with development of the residential units in
tract B.
C. Perimeter Buffers abutting rights-of-way shall be permitted to deviate from the
required 20' wide Type D buffer, to permit a Type 0 buffer an average of 20' in
width, with no part of the buffer being less than 15' in width. The minimum area
for the combined buffers along Radio Road and Santa Barbara Boulevard shall be
66,129 square feet ( 1.52± acres).
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2.13 SIGNAGE
A. GENERAL
Signage shall be consistent with Section 5.06 of the LDC.
2.14 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS / DEVIATIONS
1. The Developer reserves the right to request substitutions to subdivision
improvement and utility design standards in accordance with Chapter 10 of the
LDC.
A. Chapter 6, Sidewalks, bike lanes and bike paths
1. Existing site constraints prohibit retrofitting of the site with sidewalks
meeting standards in Chapter 6 of the LDC.
2. A six (6) foot wide sidewalk shall be provided on only one (1) side of the
internal local or private roadway exceeding one thousand (1,000) feet in
length serving the project's additional 43 unit component.
3. An internal sidewalk connection from the southernmost development tract
(Tract B) to the existing pool/club area shall be provided at the time of
construction within Tract B.
4. The developer shall make payment-in-lieu of construction of the sidewalk
within Santa Barbara Boulevard, due to its programmed improvement in
the five-year work program.
B. Section 4.06.00, Landscaping, buffering and vegetation retention
1. Perimeter Buffers abutting rights-of-way shall be pennitted to deviate
from the required 20' wide Type D buffer, to pennit a Type D buffer an
average of 20' in width, with no part of the buffer being less than 15' in
width. The minimum area for the combined buffers along Radio Road and
Santa Barbara Boulevard shall be 66,129 square feet (1.52± acres).
C. Construction Standards Manual, Streets and access improvements
1. Construction Standards Manual, Street Right-of-Way Width
Street right-of-way width: The minimum right-of-way width to be utilized
for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles
serving multi-family tracts shall not be required to meet this standard.
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2. Construction Standards Manual, Dead-end Streets
Cul-de-sacs may exceed a length of one thousand (1,000) feet.
3. Construction Standards Manual, Intersection Radii
Intersection radii: Street intersections shall be provided with a minimum
of a twenty five (25) foot radius (face of curb) for all internal project
streets and a thirty-five (35) foot radius for intersections at project
entrances.
2.15 GENERAL PERMITTED USES
A. Certain uses shall be considered general permitted uses throughout the Santa
Barbara Landings RPUD except in the Preserve Areas. General permitted uses
are those uses that generally serve the entire RPUD or distinct projects there
within.
B. General Permitted Uses:
1. Essential services as set forth under Chapter 2 of the LDC.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
6. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.12 of this
document.
7. Signage.
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SECTION III
RESIDENTIAL "R" DEVELOPMENT AREAS
3.1 PURPOSE
Section III establishes permitted uses and development regulations for areas within the
Santa Barbara Landings RPUD that are designated Residential "R" on the RPUD Master
Plan.
3.2 GENERAL DESCRIPTION
A. Areas designated as "R" on the RPUD Master Plan are designed to accommodate
multiple family residential types, recreational uses, essential services, and
customary accessory uses. Acreage is based on a conceptual design. Actual
acreage of the development and preserve areas shall be established at the time of
Site Development Plan or Preliminary Subdivision Plat approvals in accordance
with the Collier County Land Development Code. Areas designated as "R"
accommodate internal roadways, open space, parks and amenity areas, lakes and
water management facilities, and other similar facilities that are accessory or
customary to residential development.
B. Areas designated as "R" are intended to provide a maximum of 291 dwelling
units.
3.3 PERMITTED USES AND STRUCTURES
A. Principal Uses and Structures
I. Single-family attached and detached.
2. Duplex and two-family.
3. Multiple-family.
4. Townhomes
B. Accessory Uses and Structures
1. Common indoor and outdoor recreational facilities.
2. Sales and leasing facilities.
3. Clubhouse, meeting rooms.
4. Uses and structures that are accessory and incidental to uses permitted in
this area.
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3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R"
Residential District.
B. Required Parking: Parking within the residential area shall be provided based on
the following standards:
1. Recreation Facilities - 2 per court, 1 per 600 square feet of building area, 1
per 200 square feet of pool water area. No additional parking shall be
required for outdoor playground facilities. Up to 10 parking spaces per
recreational facility may be directly loaded off a private roadway serving
the recreational area.
2. Temporary Model Sales Facility - minimum 6 parking spaces per building.
Parking for models or temporary sales facilities shall be permitted to back
directly onto private roadways serving the units.
C. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within the Santa Barbara Landings RPUD,
shall be in accordance with the Land Development Code in effect at the time of
Site Development Plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
D. Development standards for uses not specifically set forth in Table I shall be
established during the Site Development Plan Approval as set forth in Chapter 4
of the Land Development Code in accordance with those standards of the zoning
district which is most similar to the proposed use.
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TABLE I
SANTA BARBARA LANDINGS
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
AU distances are in feet unless otherwise noted.
Permitted Uses and Single Zero Lot Duplex, Single Multi-Family
Standards Family Line Family DwellingsS
Detached Attached and
Townhouses
Minimum Lot Area 5,000 SF 4,000 SF NA NA
Minimum Lot Width 50' 40' NA NA
Minimum Lot Depth 100' 100' NA NA
Front Yard Setback! 20' /23' 20'/23 20'/23' 20'/23'
Side Yard Setback 6' 0' or 6' 0' or6' 15'
Rear Yard Setback2 15' 15' 15' 15'
Santa Barbara Blvd.
R-O-W Setback 20' 20' 20' 20'
Rear Yard Accessory
Setback2 10' 10' 10' 10'
Preserve Setback"
Accessory 10' 10' 10' 10'
Principal 25' 25' 25' 25'
Maximum Zoned Bui]ding 2 Stories 2 Stories 2 Stories 2 Stories
Height or 30' or 30' or 30' or 30'
Distance Between4 Detached
Principal Structures 12' 12' ]2' 15'
Floor Area Min. (SF)
750 SF 750 SF 750 SF 750 SF
1 Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line.
B. If the parcel is served by a private road or access easement, setback is measured from the back of curb (if curbed) or edge of pavement (if
not curbed). For multiple family buildings served by an unplatted driveway, no setback shall be required; however, adequate stacking shall
be provided to accommodate vehicular parking. For tract B, front entl)' garage setback shall be a minimum of 23' from private row or back
edge of sidewalk,
C. For structures with side or rear entl)' garages, the minimum front yard may be reduced to 12',
,
~Rear yards for principal and accessol)' structures on lots and tracts which abut lake. or open space (non-preserve) may be reduced to 0' feet; however, a
reduced building setback shall not reduce the width of any required landscape buffer, as may be applicable.
3For purposes of this Section, accessol)' structures shall include but not be limited to attached screen enclosures and roofed lanais.
4 A minimum building separation of twelve (12) feet between detached Structures. Detached garages may be separated by a minimum of ten (10) feet.
5 Attached single-family and multi-family structures within Tract B shall not exceed 4 dwelling units per structure.
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SECTION IV
PRESERVE "P"AREAS
4.1 PURPOSE
Section IV establishes permitted uses and development regulations for areas within Santa
Barbara Landings RPUD that are designated as Preserve "P" on the RPUD Master Plan.
4.2 GENERAL DESCRIPTION
Areas designated as "P" on the RPUD Master Plan are designed to accommodate natural
systems existing or created as preserves and limited water management uses and
functions.
4.3 PERMITTED USES AND STRUCTURES
A. No building or structure, or part thereof, shall be erected, altered or used, or land
or water used, in whole or in part, subject to review and approval by local, state &
federal agencies as required, for other than the following:
B. Permitted Principal Uses and Structures
1. Boardwalks and nature trails (excluding impervious paved trails).
2. Water management facilities.
3. Any other preserve and related use which is comparable in nature with the
foregoing uses and which the Board of Zoning Appeals determines to be
compatible in the Preserve Area.
4.4 PROPERTY DEVELOPMENT REGULATIONS
A. Building setbacks shall be 20 feet from the RPUD boundary for any permitted
structure.
B. Maximum zoned height for any structure shall be 20'.
4.5 PRESERVE AREA ADJUSTMENTS
The proposed preserve areas depicted on the Santa Barbara Landings RPUD Master Plan
are intended to meet the native vegetation requirements of the Collier County Growth
Management Plan and the Collier County LDC. Adjustments may be made to the
location of the preservation areas at the time of preliminary plat or site development plan
approval based on jurisdictional agency permit requirements.
Approximately 6 acres of native vegetation exists on-site at the time of rezoning
application. Through retention of existing native vegetation and revegetation of open
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spaces on-site, the developer shall provide a mInImUm of 3 acres of on-site native
vegetation, which shall consis-t of a minimum of 1.5 acres of retained vegetation and 1.5
acres of replanted and enhanced native vegetation.
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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 RPUD, in effect at the time of Final Plat, Final Site Development Plan
approval or building permit application as the case may be. Except where specifically
noted or stated otherwise, the standards and specifications of the official County Land
Development Code shall apply to this project even if the land within the RPUD is not to
be platted. The developer, his successor and assigns, shall be responsible for the
commitments outlined in this document.
These developer commitments will be enforced through provisions agreed to be included
in th~ declaration of covenants and restrictions or similar recorded instrument. Such
provisions must be enforceable by lot owners against the developer, it successors and
assigns, regardless of turnover or not to any property or homeowners' association.
The developer, his successor or assignee, shall follow the RPUD Master Plan and the
regulations of this RPUD 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 RPUD MASTER PLAN
A. Exhibit "A", RPUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed area, 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 Chapter 10 of the LDC, amendments may be made from time
to time.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A. The landowners shall proceed and be governed according to the time limits
pursuant to Chapter 10 of the LDC.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to
Chapter 10 of the LDC.
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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 LDC.
5.6 SURFACE WATER MANAGEMENT
In accordance with the Rules of the South Florida Water Management District
(SFWMD), this project shall be designed for a storm event of 3-day duration and 25-year
return frequency.
A. The project will be permitted with the South Florida Water Management District
and copies of the applicable permits will be provided to Collier County prior to
issuance of applicable County permits.
B. Existing lakes already constructed as of the effective date of this regulation shall
be allowed to continue to exist in accordance with the cross sections shown on
Surface Water Management Plan, Exhibit "B". Any new lakes must meet the
requirements of the then current LDC.
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. 97-17, as amended, and other applicable County rules and regulations.
B. All necessary easements, dedications, or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities in
compliance with applicable regulations in effect at the time approvals are
requested.
C. Water and wastewater systems shall be constructed in accordance with State of
Florida Laws and Collier County's Codes and Ordinances.
D. All construction plans, technical specifications and hydraulic design reports are to
be reviewed and approved in writing by the Engineering Services Department of
the Community Development and Environmental Servi~es Division prior to
commencement of construction
E. Upon completion of construction, all water and wastewater systems within the
project shall be tested and must meet minimum County standards and
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requirements. The system(s), or a portion thereof, that is found to meet the
requirements set forth in item #5 below, may then be conveyed to the County for
ownership and maintenance.
F. If County's utility system does not have access readily available to serve a project
within the County's service area, extensions to the County infrastructure may be
required. All required extensions shall be the sole responsibility of the Developer,
fiscally and otherwise (time and schedule), unless such extension has been
previously defined in the County Water and/or Wastewater Master Plan. In such
case, the developer may negotiate an upsizing agreement with the County. If it is
determined by the County that neither of these two options are feasible, in interim
system may be considered.
G. Items on the following list shall be conveyed to the County for ownership and
maintenance upon approval from the Board of County Commissioners if they are
located within a County right-of-way or County Utility Easement (CUE), are in
compliance with the latest revision of the Collier County Utilities Standards and
Procedures Ordinance, and are connected to the County Water, Wastewater or
Reclaimed Systems:
1. Potable water lines 6" or larger, including water meters and backflow
devices that are not on fire lines.
2. Gravity wastewater lines 8" or larger.
3. Wastewater lift stations that are located within a CUE.
4. Force mains 4" or larger.
5. CUE's that are determined to be necessary to access and maintain utility
systems and structures.
6. Non-potable irrigation water lines 6" or larger, including the water meter
and back flow devices.
For potable and reclaimed water distribution systems that will not be conveyed to
the County, a master meter shall be required. Such systems shall be owned and
maintained by the applicant, his successor or assigns, from the customer side of
the master meter and backflow device or the check valve at the property line or
County Utility Easement limit. School and park developments are included in the
list of types of developments whose internal systems the applicant or assigns shall
be responsible to own and maintain.
H. Private lift stations shall conform to the same specifications that apply to public
lift stations, unless a Deviation from the Ordinance has been granted in advance
<,::1:" Barbara RPUD (BCC IO-18-05)cIean
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V-3
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and writing by the County Wastewater. The lift station Control Package shall
include an operable Telemetry Control System, as specified by County Standards.
I. The developer will pay all impact fees in accordance with the latest revision of the
Collier County Consolidated Impact Fee Ordinance, Code of Laws Section
74.303(d).
J. PUD's and DRI's shall have only one master pump station.
K. Lift station easement areas shall be designed to 30 feet by 30 feet, or twice the
wetwell depth by twice the wetwell depth, whichever is larger.
L. Pursuant to Ordinance No. 90-30, as amended, Code of Laws Chapter 118, solid
waste disposal shall be required in the form of bulk containers service (garbage
dumpsters and/or compactors) for all commercial and industrial establishments,
unless authorization for alternative means of disposal is approved by the Public
Utilities Division. Bulk container service shall be required to all multi-family
projects not receiving curbside pickup. Solid waste disposal shall be required in
the form of curbside pickup for all units on the annual Mandatory Trash
Collection and Disposal Special Assessment Roll's. All individual units within a
deed-restricted area must have an enclosed location other than the residential
structure, such as a carport or garage for the storage of individual solid waste
containers, or as otherwise permitted in Section 5.03.04 of the LDC.
M. Pursuant to Ordinance No. 90-30, as amended, Code of Laws Chapter 118, all
provisions and facilities for solid waste collection and disposal shall conform to
all portions of Section 5.03.04 (Solid Waste Collection and Disposal) of the latest
edition of the LDC.
5.8 TRAFFIC
The development of this RPUD Master Plan shall be subject to and governed by the
following conditions:
A. All traffic control devices, signs, pavement markings and design criteria shall be
in accordance with Florida Department of Transportation (FDOT) Manual of
Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards,
current edition, and the Manual On Uniform Traffic Control Devices (MUTCD),
current edition. All other improvements shall be consistent with and as required
by the Collier county Land Development code (LDC).
B. Arterial level street lighting shall be provided at all access points. Access lighting
must be in place prior to the issuance of the first Certificate of Occupancy (CO).
C. Site-related improvements necessary for safe ingress and egress to this project, as
determined by Collier County, shall not be eligible for impact fee credits. All
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required improvements shall be in place and available to the public prior to the
issuance of the first CO.
D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-
13, as amended, Code of Laws Chapter 74 and Chapter 6 and Chapter 10 of the
LDC, as it may be amended.
E. All work within Collier County rights-of-way or public easements shall require a
Right-of-way Permit.
F. All proposed median opening locations shall be in accordance with the Collier
County Access Management Policy (Resolution 01-247), as it may be amended,
and the LDC, as it may be amended. Collier County reserves the right to modify
or close any median opening existing at the time of approval of this RPUD which
is found to be adverse to the health, safety and welfare of the public. Any such
modifications shall be based on, but are not limited to, safety, operational
circulation, and roadway capacity.
G. Nothing in any development order 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 the County by the
developer, its successor in title, or assignee.
H. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to
adjacent developments shall be operated and maintained by an entity created by
the developer and Collier Country shall have no responsibility for maintenance of
any such facilities.
1. 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.
1. If, in the sole opinion of Collier County, a traffic signal, or other traffic control
device, sign or pavement marking improvement within a public right-of-way or
easement is determined to be necessary, the cost of such improvement shall be
borne by the developer and shall be paid to Collier County before the issuance of
the first CO.
K. Upon written request by Collier County the property owner shall dedicate, to
Collier County without compensation, an area of approximately 721± square feet
for road right-of-way purposes, as depicted on the RPUD Conceptual Master
Plan.
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5.9 PLANNING
Pursuant to Chapter 2 of the LDC, 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.
5.10 ENVIRONMENTAL
A. An exotic vegetation removal, monitoring, and maintenance (exotic-rree) plan for
the site, shall be submitted to Environmental Services Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval for all
parcels included on that project. All category I invasive exotic plants as defined
by the Florida Exotic Pest Council shall be removed in Preserve areas, and annual
removal (in perpetuity) shall be the responsibility of the property owner.
B. A minimum of (3.0 acres) of the on-site native vegetation shall be retained or
revegetated, consistent with Chapter 3 of the LDC as conceptually shown as
preserve areas on the Exhibit "A", Conceptual RPUD Master Plan.
C. Setbacks rrom preserves shall be as required in the Santa Barbara Landings
RPUD, Table I.
D. All preserve areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be so dedicated on all plats or
recorded as an easement for site plans pursuant to Section 704.06 of the Florida
Statutes, for plats and be dedicated to the project's homeowners' association or
like entity for ownership and maintenance responsibility, and to Collier County
with no responsibility for maintenance. All documentation necessary to record
conservation easements over the preserve areas shall be provided prior to the next
SDP approval for this RPUD.
E. This RPUD 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.
F. This RPUD shall be in compliance with the Growth Management Plan, and LDC,
except as may be modified herein, at the time of final development order
approval.
G. A preserve 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. A
Santa Barbara RPUD (BCC ] O-18-05)clean
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V-6
SFWMD jurisdictional determination shall be shown on the site development
plan.
H. All approved agency permits shall be submitted pnor to final site
plan/construction plan approval.
1. A replanting plan for the re-created preserve areas shall be provided at the time of
next development order submittal. Perimeter berms shall be located outside of all
upland/wetland preserves.
5.1 I HOUSING
A. The developer or successors and assigns shall pay the sum of $1 ,000.00 to Collier
County from the closing of each of the dwelling units constructed within Tract
"B" of the RPUD. The payment shall be made within seven (7) days of the
closing of the residential unit.
B. The developer or successors and assigns shall require a minimum of fifty percent
(50%) of the dwelling units developed within the RPUD to be initially sold to
individuals or families that use the dwelling unit as their primary residence. The
deed to the initial purchaser shall include a restriction that the initial purchaser
shall use the unit as their primary residence.
C. The developer or successors and assigns agrees to make available for sale a
minimum of fifty percent (50%) of the dwelling units at a sales price less than
$240,000.00.
D. The developer or successors and assigns agrees to sell a minimum of ten percent
(10%) of the total number of dwelling units constructed within the RPUD to
persons employed in Collier County and earning a family income ranging
between 100% and 125% of the County's median income
"'1I1I~ Barbara RPUD (BCC 10-18-0S)clean
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V-7
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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 copy of:
ORDINANCE NO. 2005-53
Which was adopted by the Board of County Commissioners on
the 11th day of October 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 18th day
of October 2005.
DWIGHT E. BRo'CK
Clerk of Courts and Clerk
Ex-officio to 'Board of
County Commi.ssioners -
sd uit . (j¿{)/JCJJ/01f),iJt
~~eidi R.~~~ckhold,
Deputy Clerk .