Ordinance 2006-20
ORDINANCE NO. 06- 20
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 COMPREHENSNE 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 PUD TO
RPUD TO BE KNOWN AS THE CARLISLE REGENCY RPUD
FOR THE LIMITED PURPOSE OF AMENDING THE
PERMITTED PRINCIP AL USES AND STRUCTURES
PROVISIONS TO ALLOW SINGLE-FAMILY DWELLINGS ---
TO ACHIEVE A HEIGHT OF TWO STORIES NOT TO ~-.
EXCEED THIRTY-FNE FEET, ELIMINATE TWO FAMILY ~ :
DWELLINGS AND DUPLEXES AND TO MAKE MINOR '--.
CHANGES TO THE ORDINANCE FOR PROPERTY:'
LOCATED ON THE SOUTH SIDE OF ORANGE BLOSSOM ;"
DRNE, IMMEDIATELY EAST OF YARBERRY LANE, IN.
SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, ,
COLLIER COUNTY, FLORIDA, CONSISTING OF 11.7
ACRES; PROVIDING FOR THE PARTIAL REPEAL OF
ORDINANCE NUMBER 03-66; AND BY PROVIDING AN
EFFECTIVE DATE.
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WHEREAS, Curtis Gunther of II Regalo Development, LLC, petitioned the Board of
County Commissioners, in Petition Number PUDA- 2005-AR-8745, to change the development
standards and to revise the ownership of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 2,
Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "RPUD"
Residential Planned Unit Development in accordance with the additions and deletions to the
Carlisle Regency PUD as reflected in RPUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The appropriate zoning atlas map or
maps, as described in Ordinance Number 04-41, as amended, the Collier County Land
Development Code, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 03-66, known as the Carlisle Regency PUD, adopted on December
16, 2003, by the Board of County Commissioners of Collier County Florida, together with any
amendments thereto, is hereby repealed only to the extent that the Ordinance is inconsistent with
Words stnwk thrO\lgh. are deleted; words underlined are added.
Page 1 of2
the additions and deletions set forth in the Carlisle Regency RPUD Document attached hereto, as
Exhibit "A". All other provisions of Ordinance Number 03-66 shall remain in full force and
effect.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by super-majority vote by the Board of County
q'M
Commissioners of Collier County, Florida, this day of MQY ,2006.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY, ~~~....-
FRANK HALAS, CHAIRMAN
ATTEST:
. DWIGHT E. BROCK, CLERK
A~ato
I i <)nIt'''"' on 1 v
Approved as to form and
legal sufficiency
-yr (; dtl.-u-Oll . ~tLd - iJt./l.t.,l.~
Marj . eM. Student-Stirling 0
Assistant County Attorney
PUDA-2005 -AR-8? 45/MZ/sp
This ordinance fi:Cd wi!h tl--"
f5"~? 0; Stote's OffiCJ 'i'!"'
ay ot:1Q,~~,LI l~lp
and acknowiedgem~nt crtd!'d
filiryg received this ~ ou'/
of Rt<~ .
By ~. P.(
iJItJ ,...., t:
Words s1n!(;)k throHgh are deleted; words underlined are added.
Page 2 of2
CARLISLE REGENCY
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
Prepared for:
Ste'.vart Mareas II Regalo Development. LLC
3225 .^.viation l\veFffie, Suite 700 809 Walkerbilt Road Suite No.6
Miami, Florida 33133 Naples, Florida 34110
Prepared by:
Kepple Engineering, Inc
3806 Exchange Avenue
Naples, FL 34104
Date Filed
Date Revised
Date Reviewed by CCPC
Date Approved by BCC 12-16-03
Ordinance Number 2003-66
EXHIBIT "A"
Table of Contents
Page
Table of Contents
List of Exhibits
Statement of Compliance
Section I Property Ownership and Description
Section II Proiect Development Requirements
Section III Residential Areas Plan
Section IV Development Commitments
I
II
1
2
4
6
10
!
PUD Master Plan
PUD Water Management Plan
List of Exhibits
Exhibit "A"
Exhibit "B"
II
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STATEMENT OF COMPLIANCE
The development of approximately ll.7+/-acres of property in Collier County, as a Residential
Planned Unit Development to be known as the Carlisle Regency RPUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County Growth
Management Plan (GMP). The residential facilities of the Carlisle Regency RPUD will be
consistent with the growth policies, land development regulations, and applicable comprehensive
planning objectives for the following reasons.
1. The location of the subject property in relation to existing or proposed community facilities
and services permits the development's residential density as described in Objective 2 of
the Future Land Use Element (FLUE).
2. The project development is compatible and complimentary to surrounding land uses as
required in Policy 5.4 of the FLUE.
3. Improvements are planned to be in compliance with applicable sections of the Collier
County Land Development Code (LDC) as set forth in Objective 3 of the FLUE.
4. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1 G of the FLUE.
5. The project development is planned to protect the functioning of natural drainage features
and natural ground water aquifer recharge areas as described in Objective
1.5 of the Drainage Sub-Element of the Public Facilities Element.
6. The project is located within the Urban Mixed Use District, Urban Residential Subdistrict.
The projected density of 2.99 dwelling units per acre (35 units) is in compliance with the
FLUE of the GMP based on the following relationships to required criteria:
Base Density
Traffic Congestion Area
Maximum Permitted Density
4 dwelling units/acre
-I dwelling unit/acre
3 dwelling units/acre
7. All final local development orders for this project are subject to Division the Adequate
Public Facilities, requirements of the Collier County LDC.
1
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 ofthe Carlisle Regency RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 11.7 +/- acres, is located in Section 2, Township 49
South, Range 25 East, and is fully described as:
SE 1/4 ofNW 1/4 of SE 1/4, Sec 2, Twp 49, Range 25 E
less W 30 feet for R/W
1.3 PROPERTY OWNERSHIP
The subject property is owned by: Stev.art Marcl:ls, Trustee 11 Regalo, LLC.
3225 f~~liation Ave. Ste 700 809 Walkerbilt Road # 6
Miami, FL 33133 Naples, FL 34110
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the South side of Orange Blossom Dr.
immediately east of Yarberry Lane.
B. The project site is currently zoned RSF-l and is proposed to be rezoned to RPUD.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Airport Rd. Drainage Basin according to the Collier
County Drainage Atlas. The proposed.;- outfall for the project is the Airport Road canal, via
the Carlisle Regency PUD detention system Yarberry Lane swale. The peak discharge rate
from the design storm will be limited to 0.06 cubic feet per second/acre per Collier
applicable County GQrdinance~ No. 90 10.
Natural ground elevation is approximately 10.0 feet NGVD!. The entire site is located
within FEMA Flood Zone "X" with no base flood elevation specified.
2
The water management system for the project proposed the construction of a perimeter
berm with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality
pretreatment is proposed in the on-site detention system prior to discharge to the Carlisle
Regency RPUD water management system and Airport Road canal.
The water management system will be permitted by Collier County in accordance with the
South Florida Water Management District (SFWMD) requirements. All rules and
regulations of SFWMD will be imposed upon this project including but not limited to:
storm attenuation with a peak discharge rate of 0.06 cfs/acre; minimum roadway
centerline, perimeter berm and finished floor elevations; water quality pre-treatment; and
wetland hydrology maintenance.
Per Collier County Soil Legend, dated January 1990, the soil type found within the limits
of the property is #2 -Holopaw Fine Sand.
The site was used as a farm many years ago and the vegetation consists primarily of exotic
vegetation with some minimal second growth Slash Pine and Cabbage Palm.
1.6 PROJECT DESCRIPTION
The Carlisle Regency RPUD is an age-restricted residential project composed of a
maximum of 35 residential units. These residential units are projected to be developed as.;.
detached single-family homes or two-family dwellings. Recreational facilities may 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 "Carlisle Regency Residential Planned
Unit Development Ordinance".
3
SECTION 11
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 Carlisle Regency RPUD shall be in accordance with
the contents of this document, PUD -Planned Unit Development District and other
applicable sections and parts of the Collier County LDC and GMP 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, excavation permit and preliminary work authorization. Where these
regulations fail to provide development standards, then the provisions of the most similar
district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions
set forth in the Collier County LDC in effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting restrictions for the
development of the Carlisle Regency RPUD shall become part of the regulations which
govern the manner in which the RPUD site may be developed.
D. All applicable regulations, unless specifically waived through a variance or separate
provision provided for in this RPUD Document, shall remain in full force and effect.
E. Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 3.15 Adequate Public Facilities of the Collier
County LDC 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
A maximum of 35 dwelling units shall be constructed in the residential areas of the project.
The gross project area is 11.7 +/- acres. The gross density shall be a maximum of 2.99
units per acre.
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2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. The general configuration of the land uses are illustrated graphically- on Exhibit "A",
the RPUD Master Plan, which constitutes the required RPUD Development Plan. Any
division of the property and the development of the land shall be in compliance with the
RPUD Master Plan, Di'/ision 3.2 Subdivisions of the LDC, and the platting laws of the
State of Florida.
B. The provisions of Di'/ision 3.3 Site Development Plans provisions of the LDC, when
applicable, shall apply to the development of all platted tracts, or parcels of land as
provided in 5at6 Division 3.3 the LDC 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 dedication 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 of the
Collier Coanty LDC.
B. Temporary sales trailers and construction trailers can be placed on the site after site
development plan approval and prior to the recording of Subdivision Plats, subject to the
other requirements of Section 2.6.33.3 of the LDC.
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.
Off-site disposal is also hereby permitted subject to the following conditions-;-~
A. Excavation activities shall comply with the definition of a "ggevelopment Bexcavationll
pursuant to Section 3.5.5.1.3 Code of Laws and Ordinances and efthe LDC, whereby off-
site removal shall be limited to 10 percent of the total volume excavated but not to exceed
20,000 cubic yards.
B. All other provisions of Division 3.5 Excavation of the Land Development Code the
Code of Laws and Ordinances and LDC 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", RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 35 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 (includes zero-lot line).
2. Two family dwellings and duplexes.
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, walking paths,
picnic areas, recreation buildings, verandas, and shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and model units,
(Sec. 2.5, as applicable).
4. Gatehouse.
5. Essential services, including interim and permanent utility and maintenance
facilities.
6. Water management facilities, including those within any natural habitat
areas.
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7. Recreational facilities, such as boardwalks, walking paths and picnic areas
within any natural habitat areas.
8. Supplemental landscape planting within natural habitat areas.
9. Any other accessory use deemed comparable by the Community
Development and Environmental Services Administrator.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the Carlisle Regency
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. A minimum distance of twenty:three feet shall be
maintained between a front-loaded garage and the inner edge of the sidewalk.
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. A minimum distance of
twenty:three feet shall be maintained between a front-loaded garage and the inner edge of
the sidewalk.
B. Off Street Parkine and Loadine Requirements:
As required by Division 2.3 efthe LDC in effect at the time of building permit application.
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T ABLE I
RESIDENTIAL
DEVELOPMENT
STANDARDS
STANDARDS
Minimum Lot Area
(per unit)
Minimum Lot Width
SINGLE FAMILY TWO FAMILY
6,000Sq. Ft. 5,000 Sq. Ft.
50' Interior Lots (1) 90' Interior Lot
(1) (45') (2)
60' Comer Lots 110' Comer Lots
(55') (2)
20' 20'
23' 23'
20' 20'
0' & 12' or both 6' 0' & 12' or both 6'
20' 20'
10' 10'
NA NA
NA NA
20' 20'
10' 10'
10' 10'
Front Yard Setback
Garage (front access)
Garage (side access)
Side Yard Setback
Rear Yard Setback
Principal Structure
J\ccessory Structure
PUD Boundary Setback
Principal Structure
Accessory Structure
Lake Setback
Distance Between
Principal Structures:
Distance Between
Accessory Structure:
Maximum Height;
Principal Building
story
Accessory Building
Minimum Floor J\rea
Minimum carport or
garage per unit
+ 2. story with a maximum of 35'
+ Lstory with a maximum of 35'
20'/Clubhouse 35'
1200 Sq. Ft.
1 car garage
20'/Clubhouse 35'
1100 Sq. Ft.
1 car garage
(1) Lot width may be calculated per LOC for cul-de-sac lots.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a
2 family structure is on an individually platted lot.
(3) In no instance shall a buildinq or accessory buildinq encroach into a required landscape buffer.
(4) 2 StOry Two-familv structures must maintain a minimum 6 foot side Yard Setback to the property
line on both sides.
NOTE: Common area pool, clubhouse or recreational amenities setback (all yards): 20 feet
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c. Open Space/Natural Habitat Preserve Area Requirements
1. A minimum of sixty (60) percent open space, as described in SeCJtion 2.6.32 of the
LDC, shall be provided on-site.
2. A minimum of twenty five (25) percent of the viable naturally functioning native
vegetation on-site (natural habitat preserve area), including both the understory and the
ground cover emphasizing the largest contiguous area possible, shall be retained on-site, as
described in Section 3.9.5.5.3 of the LDC.
D. Landscapin2 and Bufferin2 Requirements:
I. Landscape requirements shall be in accordance with the Collier Coanty LDC, at time of
permitting.
2. Preservation of existing vegetation on the perimeter of the project will constitute the
required landscape buffering, if the existing vegetation meets or exceeds the minimum
requirement.
3. l\ minimum of2 canopy trees is required for eaCJh lot.
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
similar architectural design and use of similar materials and colors throughout all ofthe
buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping
and streetscape materials shall also be similar in design throughout the subject site. All
buildings shall be primarily finished in light~ subdued colors with stucco except for
decorative trim.
2. All pole lighting, internal to the project, shall be architecturally designed, limited to a
height ofthirty (30) feet.
F. Si2ns
Signs shall be permitted as described within Division 2.5 efthe Collier County LDC.
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SECTION IV DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development of this
project.
4.2 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 LDC shall
apply to this project. The developer, his successor and assigns, shall be responsible for the
commitments outlined in this aDocument.
These developer commitments will be enforced through the provisions agreed to and
included in the declaration of covenants and restrictions or similar recorded instrument.
Such provisions must be enforceable by lot owners against the developer, its successors
and assigns, regardless of turnover or not to any property owners' association.
The developer, its 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 Document.
4.3 PUD 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 Section 2. 7.3.5 of
the Collier County LDC, 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.
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4.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A. A Site Development Plan shall be submitted per County regulations in effect at time of
site plan submittal. The project is projected to be completed in two f2-t or three f;j phases.
B. The landowners shall proceed and be governed according to the time limits pursaant to
Section 2.7.3.1 of the Land Development Code set forth in the LDC.
C. Monitoring Report: An annual PUD monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit
stating that representations contained therein are true and correct.
4.5 ENGINEERING
A. This project shall be required to meet all applicable 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 Division 3.2 Subdivision, of the Collier County LDC.
4.6 WATER MANAGEMENT
A. The water management system shall be permitted by Collier County in accordance with
SFWMD requirements.
B. An Excavation Permit will be required for all lakes in accordance with Division 3.5 of
the Collier Count)' LDC and SFWMD rules.
C. Lake setbacks from the perimeter of the RPUD may be reduced to twenty-five
(25) feet where a six (6) foot high fence or suitable substantial barrier is erected.
4.7 UTILITIES
A. Central water distribution shall be constructed throughout the project development by
the developer pursuant to all current requirements of Collier County and the State of
Florida. Water facilities constructed within platted rights-of-way or within utility
easements required by the County shall be dedicated to the County for ownership,
operation and maintenance purposes. All water facilities constructed on private property
and not required by the County to be located within County Utility Easements shall be
owned, operated and maintained by the developer, his assigns or successors. Upon
completion of construction of the water facilities within the project the facilities shall be
tested and inspected to insure they meet Collier County. State and Federal requirements at
which time they shall be conveyed to the Collier County Water/Sewer District, when
required by the Public works Divisions, Water Department, prior to being put into service.
11
B. All construction plans and technical specifications and proposed plats, if applicable, for
the proposed water distribution system shall be reviewed and approved by the Engineering
Review Services Department prior to commencement of construction.
c. The tie-in to the County Regional Water system shall be made to the existing water
main on Orange Blossom Drive. Main sizing on the site shall be determined by Seetion
3.2.8.1.8 of the Collier County LDC. Potable water for fire-flows shall be of sufficient
quantity, as determined by the North Naples Fire Control District, for the purpose of fire
fighting at the furthest point from the proposed tie-in.
D. Utility-stubs for future system interconnects-ions with adjacent properties shall be
provided as determined by the Public Works Division and the developer during the design
phase ofthe project.
4.8 SEWER
A. Sewage collection system shall be constructed throughout the project by the developer
pursuant to all current requirements of Collier County and the State of Florida. Sewer
facilities constructed within platted rights-of-way or within utility easements required by
the County shall be conveyed to the County for ownership, operation and maintenance
purposed pursuant to appropriate County QQrdinances and regulations in effect at the time
of conveyance. Sewer facilities constructed on private property and not required by the
County to be located within utility easements shall be owned, operated and maintained by
the I}Qeveloper, his assigns or successors. Upon completion of construction of the sewer
facilities within the project, the facilities shall be tested and inspected to insure they meet
Collier County's utility construction requirements in effect at the time construction plans
are approved. The above tasks must be completed to the satisfaction of the Development
Services, Engineering Review Section, prior to placing any utility facilities, County owned
or privately owned, into service Upon completion of the sewer facilities and prior to
issuance of certificates of occupancy for structures within the project" the utility facilities
shall be conveyed to the County, when required by Public Warks, pursuant to County
QQrdinances and R[egulations in effect at the time conveyance is requested.
B. All construction and technical specifications and proposed plats, if applicable, for the
proposed sewage collection system shall be reviewed and approved by the Engineering
Review Department prior to commencement of construction.
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4.9 TRAFFIC
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 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 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 the applicable County
Impact Fee Ordinance 01 13, as amended, and Division 3.15 of the LDC, as amended.
E. All work within Collier County rights-of-way or public easements shall require a
R[ight-of-way Fgermit.
F. All proposed median opening locations shall be in accordance with the Collier County
Access Management Policy (Resolution 01-247), as 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.
I. 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.
13
J. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device,
sign or pavement marking improvement within a public right-of-way or easement is
determined to be necessary, the cost of such improvement shall be borne by the developer
and shall be paid to Collier County before the issuance of the first CO.
K. Adjacent developments have been designed to provide shared access or
interconnections with this development. The RPUD 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.
L. Prior to issuance of the first CO, the developer shall improve Yarberry Lane to a width
of24 feet of paved right-of-way from Orange Blossom Drive to the entrance of the Carlisle
Regency RPUD. From the entrance of the Carlisle Regency RPUD to the south property
line, the developer shall taper the width of the paving to align with the existing paved
right-of-way.
4.10 PLANNING
A. Pursuant to Seotion 2.2.25.8.1 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 shall be
contacted.
4.11 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 the
Environmental Review Department Staff.
B. 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 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 Environmental Review Staff,
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
Environmental Review Department Staff for review and approval prior to final site
development plan/construction plan approval.
D. Existing native vegetation shall be preserved in accordance with the LDC requirements.
14
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EXHIBIT liB.'
.. ,,--------
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 2006-20
Which was adopted by the Board of County Commissioners
on the 9th day of May, 2006, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 11th
day of May, 2006.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
llu-u t~~. O'C .
By: Ann Jennejohn,
Deputy Clerk