Ordinance 2005-65
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~~ ~ AN ORDINANCE OF THE BOARD OF COUNTY
~~nrz,('ló'· 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
UNINCORPORA TED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE·
ZONING ATLAS MAP OR MAPS BY CHANGING THE
ZONING CLASSIFICATION, REQUESTING AN
AMENDMENT TO THE HD DEVELOPMENT PLANNED
UNIT DEVELOPMENT (PUD) DOCUMENT AND
MASTER PLAN BY: REVISING THE MINIMUM
SINGLE-FAMIL Y LOT AREAS FROM 12,000 AND 6,000
SQUARE FEET TO 9,000 SQUARE FEET; REVISING
THE MINIMUM INTERIOR LOT WIDTHS FROM 85
FEET AND 55 FE~T TO 60 FEET; REVISING THE
MINIMUM CORNER LOT WIDTHS FROM 95 FEET AND
65 FEET TO 65 FEET; PROJECT OWNERSHIP TO
RECOGNIZE THE CURRENT OWNER; REMOVING
A 1'1' ACHED AND ZERO-LOT LINE DWELLING UNITS
AS PERMITTED USES; REQUIRING ADDITIONAL
LANDSCAPING ON THE NORTH SIDE OF THE PUD,
FOR THE SUBJECT PROPERTY LOCATED NORTH OF
IMMOKALEE ROAD, EAST OF OLDE CYPRESS
BOULEVARD, ON THE SOUTH SIDE OF TREELINE
DRIVE, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 46.64± ACRES; PROVIDING FOR THE REPEAL AND
REPLACEMENT OF ORDINANCE NUMBER 03-30, THE
FORMER HD DEVELOPMENT PUD; AND PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCE NO. 05- 65
WHEREAS, Empire Developers Group, LLC, represented by Laura Spurgeon of Johnson
Engineering, Inc., petitioned the Board of County Commissioners to change the zoning
classification of the subject property, per Petition Number PUDA-2005-AR-7557.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The Zoning Classification of the subject property located in Section 21, Township 48
South, Range 26 East, Collier County, Florida, as described in Section 1.2 of the attached HD
Development Residential Planned Unit Development (RPUD) Document and Master Plan is
amended to revise the minimum single-family lot areas from 12,000 and 6,000 square feet to
9,000 square feet; revise the minimum interior lot widths from 85 feet and 55 feet to 60 feet;
revise the minimum corner lot widths from 95 feet and 65 feet to 65 feet; to reflect the changes
in project ownership; to remove "attached" and "zero-lot line" dwelling units as permitted uses;
and, to require additional landscaping on the north side of the PUD.
Page 1 of2
Development must be made in accordance with the PUD Document, attached hereto as
Exhibit itA," which is incorporated by reference such that the appropriate zoning atlas map or
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 03-30, known as the HD Development PUD, adopted on June 24,
2003, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety and replaced with these provisions.
SECTION THREE:
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADQPTED by super-majority vote of the Board of County
Commissioners of Collier County, Florida, this IS day of ßcvt?M.Ó:>es , 2005.
ATTEST:
DWIGHTE.BROCK, CLERK
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Patrick G. wífI-te
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
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FRED W. COYLE, IAIRMAN
PUDA-2005-AR- 7557/HW Isp
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Page 2 of2
H.D. DEVELOPMENT RPUD
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
PREPARED FOR:
DAVID A. CUSTER, M/\NAGER
H.D. DEVlEOPMENT, LlC
14845 FRIPP ISLAND COURT
NAPLES, FLORIDA 34119
EMPIRE DEVELOPERS GROUP. LLC
5660 STRAND COURT
NAPLES. FL 34110
ORIGINALLY PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEVELOPMENT, INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
and
DAVID WILLEMS, PE
JOHNSON ENGINEERING, INC.
2158 JOHNSON STREET
FORT MYERS, FLORIDA 33901
AMENDED BY:
JOHNSON ENGINEERING. INC.
2350 STANFORD COURT
NAPLES. FL 34104
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC 11-15-2005
PREVIOUS ORDINANCE NUMBER 03-30
AMENDED BY 2005-65
EXHIBIT itA"
TABLE OF CONTENTS
LIST OF EXHIBITS
PAGE
ii
Hi
1
2
4
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11 ~
12.4-ð
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
II
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "D"
LIST OF EXHIBITS
PUD MASTER PLAN
PUD CONCEPTUAL UTILlTYIWATER MANAGEMENT PLAN
LANDSCAPE PLANTING PLAN
NORTH BUFFER DIAGRAM
111
STATEMENT OF COMPLIANCE
The development of approximately 46.64± acres of property in Collier County, as a
Residential Planned Unit Development (RPUD) to be known as the H.D. Development
RPUD, will be in compliance with the planning goals and objectives of Collier County as
set forth in the Collier County Growth Management Plan. The residential facilities of the
HoD. Development RPUD will be consistent with the growth policies, land development
regulations, and applicable comprehensive planning objectives for the following reasons:
1. The subject property's location, in relation to existing or proposed community
facilities and services, permits the development's residential donsity as described
ffi is consistent with Objective 2 of the Future Land Use Element.
2. The project development is compatible with and complimentary to surrounding
land uses as required in Policy 5.4 of the Future Land Use Element.
3. 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.
4. 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.
5. The Project is located within an Urban Residential Mixed Use designation of the
Future Land Use Element; the Urban Residential Subdistrict. The projected
density of 2.23 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:
Base Density
Maximum Permitted Density
4 dwellinq units/acre
4 dwelling units/acre
Maximum permitted units = 46.64 acres x 4 dwelling units/acre = 186 units.
Requested dwelling units = 104, which results in a requested density of
2.23 dwelling units/acre.
6. All final local development orders for this Project are subject to Division ~
6,02.00, Adequate Public Facilities, 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 the H.D. Development RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 46.64± acres, is comprised of 3 separate parcels that
are located in Section 21, Township 48 South, Range 26 East, Collier County,
Florida, and are fully described as:
A. The West half of the Southeast quarter of the Southwest quarter of Section
21, Township 48 South, Range 26 East, less the south 100 feet thereof,
Collier County, Florida.
B. The West half of the West half of the Southwest quarter of the Southeast
quarter of Section 21, Township 48 South, Range 26 East, Collier County,
Florida.
C. The East half of the Southeast quarter of the Southwest quarter of Section
21, Township 48 South, Range 26 East, Collier County, Florida, subject to
existing restrictions and reservations of record.
1.3 PROPERTY OWNERSHIP
A. The subject property is owned by:
David A Custer, Man3ging Partner, H.D. Development, LLC, 14845 Fripp
Isl3nd Court, Naples, Florida 34119.
Empire Developers GrouP. LLC, 5660 Strand Court, Naples, FL 34110 and
Richard B, and Amy L. Melson. 5660 Strand Court, Naples, FL 34110
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the north side of Immokalee Road,
approximately 1.25 miles east of Oakes Boulevard, unincorporated Collier
County, Florida.
B. The entire Project site currently has Agricultural Zoning and is proposed to
be rezoned to PUD.
2
1.5 PHYSICAL DESCRIPTION
The project site is located within the Cocohatchee River Canal drainage basin
according to the Collier County drainage atlas. The proposed outfall for the
project is the Cocohatchee Canal located north of Immokalee Road. The peak
discharge rate from the design storm will be limited 0.04 cubic feet per second/per
acre in accordance with Collier County Ordinance No. 90-10.
Natural ground elevation is approximately +12.0 to +14.0 NGVD. The entire site is
located within FEMA flood Zone X with no base flood elevation specified.
The water management system for the project proposes the construction of the
perimeter berm with crest elevation set at the 25-year, 3-day flood stage. Water
quality treatment is proposed in on-site lakes, swales and detention areas prior to
discharge to the Cocohatchee Canal.
Per Collier County's soil survey dated 1998, there are three types of soil found
within the limits of the property:
No. 17 - Basinger fine sand.
No. 25 - Boca, Riviera, limestone sub stratum and Copeland fine sand,
depressional
No. 27 - Pompano fine sands, depressional.
The site vegetation consists mainly of pine and palmetto flat woods with mixed
cypress and a cypress canopy with wire grass understory. The proposed plans
are to preserve the high quality cypress slough area through the project and have
two independent development tracts in the upland and lower quality wetland areas
of the project. The site has been impacted by melaleuca and other exotics that
will be removed as part of the proposed site improvements.
1.6 PROJECT DESCRIPTION
The H.D. Development RPUD is a Project comprised of a maximum of 104
residential units. Recreational facilities and other facilities and services will be
provided in conjunction with the dwelling units. Residential land uses, recreational
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 "H.D. Development Residential
Planned Unit Development Ordinance."
3
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the Project plan
of development, relationships to applicable County ordinances, the respective
land uses of the tracts included in the Project, as well as other Project
relationships.
2.2 GENERAL
A. Regulations for development of the H.D. Development RPUD shall be in
accordance with the contents of this Document, PUD - Planned Unit
Development, 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 authorizes the construction of improvements, such as, but not limited
to, final subdivision plat, final site development plan (SDP), excavation
permit and preliminary work authorization. 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 required, 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 applicable regulations, unless specifically waived through a variance
procedure or separate provision provided for in this PUD Document, shall
remain in full force and effect.
D. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division ~ 6.02.00, Adequate
Public Facilities, of the Collier County Land Development Code.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 104 dwelling units shall be constructed in the Residential Areas of
the project. The gross project area is 46.64± acres yielding a residential density of
2.23 units per acre. Tracts 1 and 2 toqether are limited to a total of 71 dwellinq
units.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The general configuration of the land uses are illustrated graphically on
Exhibit "A," PUD Master Plan, which constitutes the required PUD
4
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division ~
10.02.00, Subdivisions, of the land Development Code, and the platting
laws of the State of Florida.
B, The provisions of Division ð-:ð 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 Division ð-:ð
10.02.03 in effect prior to the issuance of a building permit or other
development order.
C. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units may
be designated as models. Such model units shall be governed by Section
2.6.33.1 5.04.04 of the Collier County land Development Code.
B. Temporary sales trailers and construction trailers may be placed on the site
after site development plan approval and prior to the recording of
subdivision plats, subject to the requirements of Section 2.6.33.3 5.04.03 of
the land Development Code.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted, in
accordance with Section 3.2.8.3.6 4.06.04 of the land Development Code, as
amended. Off-site disposal is also hereby permitted subject to the following
conditions:
A. Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
B. All other provisions of Division 3.5_, pertaininq to Excavation, ef within the
land Development Code shall apply.
5
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A," PUD Master Plan, as may be
amended pursuant to Section 5.3.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the PUD shall be 104
units. The maximum number of residential dwellinq units within Tracts 1 and 2
shall be 71 units.
3.3 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. Single-family dwellings in Tracts 1 and 2
2. Single f3mily dwellings including att3chod 3nd zero lot line units in
Tr3ct 2 only.
ð-:- 2. Multi-family dwellings in Tract 3 only (includes townhouses and
garden apartments).
4-:- 3. Temporary sales trailers and model units.
á-,. 4. Gatehouse.
ê-:- 5. Any other use, which is comparable in nature with the foregoing uses,
consistent with the permitted uses of this PUD, as determined by the
Board of Zoning Appeals.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, fishing docks, walking paths, picnic areas,
recreation buildings, and basketball/shuffle board courts.
6
3. Essential services, including interim and permanent utility and
maintenance facilities.
4. Water management facilities.
6. Any other use, which is comparable in nature with the foregoing
uses, consistent with the permitted uses of this PUD, as determined
by the Board of Zoning Appeals.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the H.D.
Development RPUD. Front yard setbacks in Table I shall be measured as
follows:
1. If the parcel is served by a public or private right-of-way, the setback
is measured from the adjacent right-of-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, whichever is more restrictive.
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STANDARDS
Minimum Lot Area (per unit)
Minimum Lot Width
Front Yard Setback
Side Yard Setback
1 Story
2 Story
3 Story
Rear Yard Setback
Principal Structure
Accessory Structure
PUD Boundary Setback
Principal Structure
Accessory Structure
Lake Setback (3)
Wetland Preserve Area Setback
Principal Structure
Accessory Structure
Distance Between Structures
Main/Principal
1-Story
2-Story
3-Story
Accessory Structures
Maximum Heiqht
Principal Building
Accessory Building
Minimum Floor Area
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
SINGLE-FAMIL Y
ON TRACTS 1 & 2
12,000 Sq. Ft.
9.000
g& 60' I nterior Lots (1)
9& 65' Corner Lots
23' (2)
6'
¥,' NA
NA
20' (30' adjacent to
aide Cypress PUD)
10' (20' adjacent to
aide Cypress PUD)
NA
NA
20'
25'
1[
12'
W NA
NA
10'
35' with a maximum of
2 stories 1 stOry
20'/Clubhouse 35'
2400 Sq, Ft.
SINGLE F^MIL Y
ON TRACT 2
6,000 Sq. Ft.
55' Interior Lots (1)
65' Corner Lots
23' (2)
0' & 12' or both 6'
0' & 15' or both 7.5'
NA
20' (30' acijacont
Oldo Cypress PUD)
10' (20' ::lcij::lcont
Olde Cypress PUD)
NA
NA
~
W
~
W
NA
W
35' with ::l m::lximum of
2 stories
20'/Clubhouse 35'
1600 Sq. Ft.
MULTI-FAMILY
ON TRACT 3
NA
NA
NA
15'
7.5'
10'
12.5'
to 20'
to 10'
20'
10'
20'
25'
15'
20'
25'
10'
42' with a maximum of
3 stories
20'/Clubhouse 38'
650 Sq. Ft. for 1 Bedroom
900 Sq. Ft. for 2 Bedrooms
1000 Sq. Ft. for 3 Bedrooms
(1) May be reduced on cul-de-sac lots and lots on the inside part of curved streets by 25%.
(2) The front yard setback for side-loaded garages may be reduced to 18', with the home
remaining at 23', where the applicant demonstrates that 2 vehicles can be adequately parked on
a double-wide driveway without overhanging onto the sidewalk located at the edge of the right-of-
way,
(3) Lake setbacks are measured from the control elevation established for the lake.
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B. Off-Street Parkinq and Loadinq Requirements:
Parking regulations shall be as required by Division ~.05.00 of the Land
Development Code in effect at the time of building permit application.
C. Open Space/Natural Habitat Preserve Area Requirements:
1. A minimum of sixty (60) percent open space, as described in Section
2.6.32-1.02.01 of the Land Development Code, shall be provided on-
site for any residential project.
2. A minimum of 11.52 acres, 25% of the viable native vegetation, shall
be provided on-site, including both the under-story and the ground
cover emphasizing the largest contiguous area possible.
D. Landscapinq and Bufferinq Requirements:
1. If landscape buffers are determined to be necessary adjacent to the
wetland preserve areas, they shall be separate from those preserve
areas.
2. A twenty (20J foot Type "D" Buffer shall be provided within the
Residential Are:3s Tracts adjacent to Immokalee Road, a ten (10)
foot Type "A" Buffer along the western PUD boundary, :3 ten (10)
foot Type "0" Buffer adjacont to Treeline Drive, a ton (10) foot Type
"A" Buffer :3dj3cent to the single f3mily home on the east side of
Treeline Drive, and a fifteen (15) foot Type "B" Buffer along the
eastern side of Residential Area - Tract 3.
3. Refer to Exhibits C and D for enhanced landscapinq buffer required
to be provided alonq the northern PUD boundary. The northern
PUD boundary buffer. as referenced in Exhibit C. shall meet or
exceed Type "D" plantinq standards, and shall measure at least 10
feet on the PUD property. The buffer shall extend into the Olde
Cypress PUD property up to the existinq cart path. or to a maximum
of 10 additional feet where possible, in accordance with Exhibit D.
This landscapinq alonq the northern PUD boundary shall be installed
at time of internal road construction. Remaining landscaping and
buffering shall be provided per Division 2.1. Section 4.06.00 of the
Collier County Land Development Code.
E. Architectural Standards
1. All buildings, lighting, signage, landscaping and visible architectural
infrastructure shall be architecturally and aesthetically unified. Said
unified architectural theme shall include a simil¡;¡r architectural design
and use of similar materials and colors throughout all of the
9
buildings, signs, and fences/walls to be erected within the
Residential Areas. Landscaping and streetscape materials shall also
be similar in design throughout the Residential Areas.
2. All pole lighting, internal to the Residential Areas, shall be
architecturally designed and limited to a height of thirty (30) feet.
F. Siqns
Signs shall be permitted as described within Division U5.06.00 of the
Collier County Land Development Code.
10
SECTION IV
PRESERVE AREAS 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.
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.
5. Supplemental landscape plant;ng, screening and buffering within the
Natural Habitat Preserve Areas, may be approved after
Environmental Staff's review. All supplemental plantings within the
Preserve Areas shall be 100% indigenous native species.
6. Any other use, which is comparable in nature with the foregoing
uses, consistent with the permitted uses of this PUD, as determined
by the Board of Zoning Appeals.
11
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 PUD, 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 PUD is not to be platted. The developer, his
successor or 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 PUD 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 Document.
5.3 PUD MASTER PLAN
A. Exhibit "A," PUD 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 Section 2.7.3.510.02.13 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
ensure the continued operation and maintenance of all service utilities and all
common areas in the Project.
12
~~._.._--_...~_..,.,._-~.>.-
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 completed in 1 or 2 phases.
A. The landowners shall proceed and be governed according to the time limits
pursuant to Section 2.7.3.110.02.13 of the Land Development Code.
B. Monitorinq Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.610.02.13 of the Collier County Land
Development Code. An affidavit of the owner of the property within the
PUD shall be submitted with the report stating that the contents of the
report are true and correct.
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 ð-:610.02.00, Subdivisions, and Division ~10.02.03, Site
Development Plans.
5.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) permit,
permit modification or waiver shall be provided to Collier County at the time
of construction plans review.
B. If the project is proposing construction impacts within a Big Cypress Basin
maintained easement, the applicant shall provide a copy of the approved
SFWMD Right-of-Way Permit to Collier County during the review of the
construction plans.
C. An Excavation Permit will be required for the proposed lake(s) in
accordance with Division 3.5 of the Collier County Code of Laws baAG
Development Code and SFWMD Rules. All road impact fees must be paid
prior to removal of material from the site.
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. 01-57, as amended, and other applicable County
rules and regulations.
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5.8 TRAFFIC
The development of this PUD shall be subject to and governed by the following
minimum stipulations.
A. All traffic control devices and design criteria used shall be in accordance with
the Minimum Standards, as amended, and as adopted by the Florida
Department of Transportation (FOOT), as required by Florida Statutes -
Chapter 316, Uniform Traffic Control Law.
B. All traffic speed limit postings shall be in accordance with the minimum
standards as adopted by the Florida Department of Transportation (FOOT) -
Speed Zoning Manual, as amended, as required by Florida Statutes - Chapter
316, Uniform Traffic Control Law.
C. Arterial level street lighting shall be provided at all development points of
ingress and egress. Said lighting must be in place prior to the issuance of the
first permanent Certificate of Occupancy (CO).
D. External and internal improvements determined by Collier County
Transportation Staff to be essential to the safe ingress and egress to the
development will not be considered for impact fee credits. All such
improvements shall be in place prior to the issuance of the first CO.
E. Road Impact Fees will be paid in accordance with applicable Collier County
Ordinances.
F. Any and all points of ingress and/or egress as shown on any and all plan
submittal(s), are conceptual in nature and subject to change as determined by
Collier County Transportation Staff. Collier County Transportation Staff
reserves the right to modify, or close any ingress and/or egress location(s)
determined to have an adverse affect on the health, safety and welfare of the
public. These include, but are not limited to, safety concerns, operational
circulation issues, roadway capacity problems.
G. Any and all median opening locations will be in accordance with the Collier
County Access Management Policy, as amended, and Land Development
Code, as amended. Median access and control will remain under Collier
County Transportation Staff's authority. Collier County Transportation Staff
reserves the right to modify or close any median opening(s) determined to
have an adverse affect on the health, safety and welfare of the public. These
include, but are not limited to, safety concerns, operational circulation issues,
roadway capacity problems.
H. Nothing in any development order will vest the right of access over and above
a right in/right out condition. Neither will the existence of a point of ingress,
14
egress and/or median opening, nor the 'Iack thereof, be the basis for any future
cause of action for damages against the County by the developer(s), its
successor(s) in title, or assignee(s).
I. The development shall. be designed to promote the safe travel of all users
including pedestrians and bicyclists. The following shall be the minimum
requirements:
1. Pedestrian travel ways:
3) On local roadways sidewalks shall be a minimum of six feet in width.
b) On collector 3nd 3rterial road\~¡3Ys side'N3lks sh311 bo 3 minimum of
eight feet in width.
2. Bicycle travel ways:
a) On local roadways bike lanes are not required. Travel lanes shall be
a minimum of twelve feet in width so 3S to accommod3to bicyclists.
b) On colloctor 3nd arteri31 ro3d'1.'3Ys, in addition to tho vehicubr tr3'/ol
lanes, bike lanes sh311 be provided. The biko lanes shall be a
minimum of four feet in '#idth when there is curb 3nd gutter and five
feet in width when thore is no curb 3nd gutter.
3, The pedestrian and bicycle travel ways, and their interconnections, shall be
separated from vehicular traffic by a minimum distance of six feet. or three
feet for unmountable curb.
4. Payment in lieu of 6-foot sidewalks and 4-foot bike lanes for Immokalee
Road frontaqe shall be required. The amount shall be determined utilizinq
FOOT's 2004 Transportation Costs, as amended. Payment shall be
required prior to PPL approval.
J. The developer(s), its successor(s) in title, or assignee(s), will be responsible for
the cost of any and all traffic signal(s), at any and all development entrance(s),
when determined warranted and approved by Collier County Transportation
Staff. When warranted, upon the completion of the installation, inspection,
burn-in period, and final approval/acceptance of any and all traffic signal(s),
said traffic signal(s) shall be turned over (for ownership) to Collier County, and
will then be operated and maintained by Collier County Transportation
Operations Department. Any negotiations relevant to "fair share" payment(s),
or reimbursement(s), from any and all other neighboring developer(s)/property
owner(s), that directly benefit from said traffic signal(s), will be determined
based upon percentage of usage/impact.
15
~"..._-,._,;-"._...._..,.~_..,".~".,~.."^.._~..-,
K. The developer(s) shall provide any and all site related transportation
improvement(s) including, but not limited to, any and all necessary turn lane(s)
improvement(s) at the development entrance(s) prior to the issuance of the
first permanent CO. Said improvements are considered site related, and
therefore, do not qualify for impact fee credits. When said turn lane
improvement(s), whether left turn lane(s) and/or right turn lane(s), are
determined to be necessary, right-ot-way and/or compensating right-of-way,
shall be provided in conjunction with said improvement(s), as determined by
Collier County Transportation Staff at the time of site development plan or final
subdivision plat.
L. All work within Collier County right-ot-way shall meet the requirements of
applicable Collier County Ordinances.
M. All internal access(es), drive aisle(s), sidewalk(s), not located within County
right-ot-way, will be privately maintained by an entity created by the
developer(s), its successor(s) in title, or assignee(s).
N. Joint/shared access(es) may be required by Collier County Transportation
Staff as a condition ot site development plan approval.
O. Frontage, midpoint and/or reverse frontage (backside) interconnection(s) may
be required by Collier County Transportation Staff as a condition of site
development plan approval.
P. Prior to development ot any and all portion(s) ot any and all development(s),
site development plan approval shall be obtained/received trom Collier County
Transportation Staff.
Q. It a gate is proposed at any and/or all development entrance(s) the gates shall
be designed so as not to cause vehicles to be backed up onto any and all
adjacent roadways. The following minimum requirements shall be:
1 . The minimum throat depth trom the nearest intersecting roadway
edge ot pavement shall be no less than a minimum of 100 feet to the
key pad/phone box for the proposed gate(s).
2. A turn-around area of sufficient width and inside turning radii shall be
provided between the aforementioned key pad/phone box and the
proposed gate(s).
R. The Tract 3, Multitamily Residential Area, shall not access to or from Treeline
Drive.
S. To minimize the overall effects of construction traffic on the Olde Cypress
neiqhborhood. construction related traffic, includinq, but not limited to earth
movinq equipment and dump trucks. but specifically not includinq pick-up
16
,.. ..,.,-...------"'....^
trucks, shall only access the project' site throuqh the Cocohatchee canal
maintenance easement. subject to South Florida Water Manaqement District
permittinq. It the canal maintenance easement access is not permitted. the
construction related traffic, includinq, but not limited to earth movinq equipment
and dump trucks, but specifically not includinq pick-up trucks, shall only access
the project site throuqh a construction access entered trom Treeline Drive
throuqh property owned by Empire Developers Group LLC (Folio Number
00186760002) and across the property immediately west ot this PUD.
5.9 PLANNING
A. 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 Entorcement Department contacted.
Furthermore, the procedures ot Section 2.2.25.8.1 ot the Land
Development Code shall be followed.
B. Sidewalks six feet in width shall be provided on both sides ot local streets
and shall connect on-site residential buildings to a sidewalk within a public
roadway, or, if no sidewalk exists, it shall connect to the right-ot-way line.
Should a two-directional shared-use path be utilized, the minimum paved
width shall be 10 feet.
C. All sidewalks ana bike lanes shall be constructed in accordance with design
specifications identified in Section 3.2.8.1.146.06.02 and Division
U5.05.08, respectively, of the Land Development Code.
D. If interconnections to existing and future developments are provided, the
interconnection shall include sufficient right-ot-way to accommodate the
roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be
constructed concurrently with the roadway.
E. For multi-family tracts, sidewalks, six teet in width, must be provided on
both sides ot local streets within a dedicated public right-ot-way or roadway
easement. Where there is no public right-of-way or roadway easement,
sidewalks must connect on-site residential building(s) to a sidewalk within a
public roadway or, if no sidewalk exists, to the right-of-way line in
accordance with Section 3.2.8.3.176.06.02 ot the Land Development Code.
Should a two-directional shared use path be utilized, the minimum paved
width must be 10 feet.
5.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State ot Florida
Environmental Resource Permit Rules and be subject to review and
17
~""..,._"",-,,-,,,",._.,,.,---,,,,~~,,..,,.-
approval by the Current Planning Section Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
B. All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the Florida
Statutes. Setbacks and buffers shall be provided in accordance with
Section 3.2.8.1.7.36.05.02 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 an approved entity or to the project's homeowners' association
or like entity for ownership and maintenance responsibility and 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. Buffers shall be provided around any 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 the 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 the Current Planning
Environmental Staff.
D. An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to the Current Planning Section Staff for review and
approval prior to final site development plan/construction plan approval.
This plan shall include the methodology and a time schedule for removal of
exotic vegetation within the conservation/preservation areas.
E. This PUD shall comply with the guidelines and recommendations of the
U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to
protected species on-site.
F. The flow-way/cypress slough (FLUCCS Code 621) shall be preserved as
shown on the PUD Master Plan.
5.11 FIRE
A. All improvements shall be in accordance with all applicable fire codes and
ordinances.
18
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5.12 AFFORDABLE HOUSING
Developer shall make a payment of $1,000.00, at the time of the first and each
subsequent closinq on the sale of eachdwellinq unit constructed on the PUD
property. to the Collier County Affordable Housinq Trust Fund. This commitment
and the subsequent payments shall be credited aqainst any subsequently adopted
affordable. work force, and/or other qap housinq or housinq needs impact fee,
mitiqation, exaction, fee, contribution, linkaqe fees, and/or other similar tax or
charqe which would otherwise be applicable to the PUD property, as may be so
contemplated and provided for by such subsequently adopted provisions.
19
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N
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 2005-65
Which was adopted by the Board of County Commissioners
on the 15th day of November, 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 22nd
day of November, 2005.
DWIGHT E. BROCK
Clerk of Courts and C~ark
;.'
Ex-officio to Board of '<~,
,,",,
Count y Commi s s ion.~~·I'i _ ~
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By: Ann ennejÒ}:1I3",":' ',:~\~~:J'"
Deputy Clerk "...]...