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Ordinance 2023-05 ORDINANCE NO. 2023-0 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 82-49, AS AMENDED, THE SHADOWWOOD PLANNED UNIT DEVELOPMENT (PUD), BY AMENDING THE MASTER PLAN TO ADD A POTENTIAL ROADWAY INTERCONNECTION FROM TRACT E TO THE PROPOSED SANDY LANE RESIDENTIAL PLANNED UNIT DEVELOPMENT TO THE NORTH WHICH IF APPROVED, WILL REPLACE THE ROADWAY CONNECTION TO POLLY AVENUE; BY ADDING ROADWAY, SIGNAGE AND MODEL HOME DEVIATIONS AND BY REVISING DEVELOPER COMMITMENTS. THE SUBJECT PROPERTY CONSISTING OF 77.99± ACRES IS PART OF THE 168.10± ACRE PUD LOCATED AT THE WING SOUTH AIR PARK, EAST OF SANTA BARBARA BOULEVARD BETWEEN DAVIS BOULEVARD AND RATTLESNAKE-HAMMOCK ROAD, IN SECTION 16, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. [PL20210001253] WHEREAS, on July 13, 1982, the Board of County Commissioners approved Ordinance No. 82-49, which created the ShadowWood Planned Unit Development ("MPUD"); and WHEREAS, the PUD was subsequently amended by Ordinance No. 08-43 and Ordinance No. 20-17; and WHEREAS, Naples Associates VI, LLLP, represented by Robert J. Mulhere, FAICP and Paula N.C. McMichael, AICP, of Hole Montes, Inc. and Richard D. Yovanovich, Esq. of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: SECTION ONE: Zoning Classification. The PUD Document attached to Ordinance No. 82-49, as amended, is hereby amended in accordance with the revised PUD Document, attached hereto as Exhibit A and incorporated by reference herein. [21-CPS-02169/1762547/1]116 ShadowWood PUDA\PL20210001253 Page 1 of 2 1/4/23 SECTION TWO: Effective Date. This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this a PIday of To ntt_a r‘, , 2023. ATTEST: ^' BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZaL,CLERK COLLIER COUNTY, FLORIDA By: OB y. Attest as to JaiChainnanVeputy Clerk Rick LoCastro, Chairman signature only. Approved as to form and legality: Heidi Ashton-Cicko ‘' Managing Assistant County Attorney Attachments: Exhibit A - PUD Document This ordinance fiFod with the Secretary of State's Office th *2 day of Th4J , and acknowied Jerre of that fiiing received this . day of By [21-CPS-02 1 69/1 762547/111 1 6 ShadowWood PUDA\PL20210001253 Page 2 of 2 1/4/23 SHADOWWOOD PLANNED UNIT DEVELOPMENT Located in Section 16 Township 50 South, Range 26 East PREPARED BY: WILSON, MILLER, BARTON, SOLL &PEEK, INC. 1383 Airport Road North • Naples, FL 33924 REVISED BY: Q. GRADY MINOR& ASSOCIATES 2800 Via Del Rey Bonita Springs, FL 34134 REVISED BY: HAGAN ENGINEERING 1250 N. Tamiami Trail, Ste. 203B Naples, FL 34102 REVISED BY: HOLE MONTES, INC. 950 Encore Way Naples, FL 34110 Page 1 of 22 Words underlined are additions;words smuelf-through are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx TABLE OF CONTENTS PAGE SECTION I STATEMENT OF COMPLIANCE -I-22-3 SECTION II STATEMENT OF INTENT SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 45 SECTION IV GENERAL DEVELOPMENT REGULATIONS 56-13 TRACTS A & E MULTI-FAMILY RESIDENTIAL TRACT B-SINGLE FAMILY RESIDENTIAL TRACT C-PRIVATE AIR PARK DISTRICT SECTION V GENERAL DEVELOPMENT COMMITMENTS 14-4-718 SECTION VI DEVIATIONS -1-819 Page 2 of 22 Words underlined are additions;words struck-through are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx SECTION I STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of The Rookery, Ltd., 706 5th Avenue South, Naples, Florida to develop ±168.1 acres of land located in Section 16,Township 50 South, Range 26 East, Collier County, Florida. The name of this proposal development shall hence forth be known as Shadow Wood. The development of ShadowWood as a Planned Unit Development will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential development with associated recreational and private aviational facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons. 1. The subject property has the necessary rating points to determine availability of adequate community facilities and services. 2. The project development is compatible with and complementary to the surrounding land uses. 3. The subject property will provide a vegetative buffer between the property and Rattlesnake Hammock Road, the surrounding vacant lands, and the single-family residential units to the west. 4. The development shall consist primarily of multi-family residential clusters and shall thereby provide more common open space. 5. The development shall utilize natural systems for water management such as the cypress, willow, lower wetland areas, and natural drainage courses. 6. The development shall promote the maintenance of the residential neighborhood and be aesthetically pleasing and functionally efficient. 7. The number of egress and ingress points shall be limited to minimize the impact upon the traffic flow along Rattlesnake Hammock Road. 8. The development is complementary to and consistent with the Collier County Comprehensive Plan Land Use Element. 9. The land may be used more efficiently and made more desirable resulting in a smaller network of utilities and streets with consequent lower construction and future maintenance costs. Page 3 of 22 Words underlined are additions;words s aelt-through are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022)docx 10. Through proper planning and good uniform development control, the development shall protect property values and meet the general public welfare and safety of the citizens of Collier County. 11. The project will enable and encourage compatibility with the natural amenities of the environmental as well as preserve and enhance present advantages. 12. The application of the development plan will permit flexibility and feature amenities and excellence in the form of variations in siting, mixed land uses and varied dwelling types, as well as adaptation to and conservation of the topography and other natural characteristics of the land. 13. With proper uniform quality large scale development, the project may best serve the public interest with alternate mixed land uses. • Page 4 of 22 Words underlined are additions;words struck-through are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx SECTION II STATEMENT OF INTENT• It is the property owner's intention to continue the development of a single and multi-family residential project with recreational, commercial, and aviational facilities, and other support facilities required of a development surrounding a private air park community. The project was initiated in the early 1970's with the development of single-family residential condominium lots with common facilities. As part of the same property, it is the intent of The Rookery, Ltd. to continue to develop a condominium complex consisting of cluster villages; multi-family residential units; single family residential lots;and varied dwelling unit types. The units shall be centered around major points such as the air park, lakes, pine and cypress trees, common open space,and areas of unique vegetation. There may be recreational benefits consisting of jogging trails,para courses,private swimming pools, neighborhood parks, tennis courts, and the unique feature of a private airpark. Residents of this project shall be afforded the opportunity to own private airplanes and a single family residential or condominium unit with the conveniences of aviational, recreational, and commercial services among a natural scenic environmental setting. The residential development of low-rise multi-family and single family units shall demonstrate a quality way of life for its residents that will be eminently desirable, esthetically pleasing,and environmentally sound. Page 5 of 22 Words underlined are additions;words striuek-through are deletions H:\202I\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx SECTION III PROPERTY OWNERSHIP AND LEGAL DESCRIPTION 3.1. PROPERTY OWNERSHIP: The subject property is currently under the control of The Rookery, Ltd.706 5th Avenue South,Naples. Florida 33940. 3.2. LEGAL DESCRIPTION: The subject property is described as follows: The east '/z of the east 'A and; the north 'A of the northwest '/4 of the northeast ''A; the southeast ''A of the northwest 'A of the northeast 'A and; all being in Section 16, Township 50 South, Range 26 East, Collier County, Florida. ALSO LESS the south fifty (50) feet for road right-of-way and any easement right-of-way of public record. LESS WING SOUTH AIR PARK PRIVATE VILLAS UNIT 1,a Condominium, according to the Declaration of Condominium recorded in Official Record Book 476, pages 304 to 305, inclusive, Public Records of Collier County, Florida, as amended. Page 6 of 22 Words underlined are additions;words smxelc-through are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx SECTION IV GENERAL DEVELOPMENT REGULATIONS 4.1. PURPOSE: The purpose of this Section is to set forth the regulations for development of the property identified on the Master Development Plan. It is the intent of the project sponsor to develop multi-family and single-family residences in a low profile silhouette with ample common open space associated with the conveniences of aviational, recreational, and commercial services. 4.2. PROJECT PLAN AND LAND USE TRACTS: For the purposes of gross residential land use area, the subject property is ±168.1 acres. The project plan including street layout and land uses is illustrated in Exhibit "B", PUD Master Plan. The project shall consist of four land use tracts of general area and configuration as shown in Exhibit "B". Tracts A & E Residential ±117.65 Acres Tract B—Single Family Residential ± 5.68 Acres Tract C—Private Air Park District ± 41.78 Acres Entrance Drive ± 3.0 Acres Total Area ± 168.1 Acres Assuming favorable economic and market conditions,.it is the project sponsor's intent to complete development of the property within six years. The total maximum residential units will be 574 units at a maximum density of 3.4 units per gross acre. 4.3 TRACTS A & E RESIDENTIAL A. Purpose: The purpose of this section is to indicate the land regulations for the areas designated on PUD Master Plan as Tracts A and E, Residential. B. Tract A - Permitted Uses and Structures: No buildings or structures, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Permitted Principal Uses and Structures: a. Multi-Family Residences. Page 7 of 22 Words underlined are additions;words sfrue%-through are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx b. Common open space, recreational facilities and water management facilities. c. Nine hole golf course with the typical facilities of a private country club. 2. Permitted Accessory Uses and Structures: a. Customary accessory uses and structures. b. Signs as permitted at time of permit application. c. Airplane hangars and tie downs. d. Private road, pedestrian and bicycle paths, boardwalks and cross- walks, jogging and nature appreciation trails, or other similar facilities constructed for purposes of access to or passage through the common areas. e. Lawn or golf course maintenance shop and equipment storage. C. Tract E - Permitted Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. Permitted Principal Uses and Structures: a. Single family detached dwellings; b. Zero lot line, detached dwellings; c. Two-family and duplex dwellings; d. Single family attached dwellings, (including townhouses intended for fee simple conveyance including the platted lot associated with the residence; e. Multi-family dwellings; f. Any other principal use which is comparable in nature with the foregoing list of permitted principal uses,as determined by the BZA, by the process outlined in the LDC. 2. Accessory Uses: Page 8 of 22 Words underlined are additions;words ettrteele_fhrough are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: a. Accessory uses and structures customarily associated with principal uses permitted in this land use tract, including swimming pools, spas, docks, boat houses, and screen enclosures, recreational facilities designed to serve the development; b. Model homes and model home centers including offices for project administration, construction, sales and marketing; c. Recreational facilities and structures to serve the PUD, including clubhouses, health and fitness facilities, pools, meeting rooms, community buildings, boardwalks, playgrounds, playfields, tennis courts, and similar uses intended to exclusively serve the residents of the PUD and their guests. D. Tracts A and E - Maximum Dwelling Units: • A maximum of 558 residential dwelling units. E. Tract A—Minimum Yard Requirements for Principal Structures: 1. Depth from property boundary line(35)feet. 2. Depth from edge of all private paved roads(25)feet. 3. Minimum distance between any two(2)principal structures on the same parcel shall be fifteen(15) feet. 4. Minimum distance between a development phase,or condo- minimum tract line and any principal structure shall be seven and one-half(7.5)feet. F. Tract A-Minimum yard Requirements for Accessory Structures: As required by the Collier County Zoning Ordinance. G. Tract A -Minimum Floor Area of Principal Structures: 900 Square feet for each dwelling unit. H. Tract A- Maximum Height of Principal Structure: Three(3) living stories above one story of parking with a maximum height of forty-five(45) feet. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood Elevation Ordinance. Tract E Development Standards: Page 9 of 22 Words underlined are additions;words c-tkrrough are deletions H:12021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx • TABLE 1 TRACT E RESIDENTIAL DEVELOPMENT STANDARDS SINGLE- SINGLE- TOWNHOMES MULTI- AMENITIES FAMILY FAMILY FAMILY (6) DETACHED ATTACHED DWELLING & SINGLE- FAMILY ZERO LOT LINE PRINCIPAL STRUCTURES Min. Lot Area 1,600 sf 1,600 sf 1,100 SF 1 acre N/A Min. Lot Width 32' 32' 18' 150' N/A Min. Front Yard 12'(1) 12'(1) 12' (1) 20'or''A BH, 15' 23'(5) 23' (5) whichever is greater Min. Side Yard 5'(2) 0'or 10'(2) 0'or 5'(2)(4) %2 BH(4) 5'or'A BH, whichever is greater Min. Rear Yard 5'or 20'from 5'or 20'from 5'or 20'from 15'or'A BH, 5'or'A BH, alley(3) alley(3) alley(3) whichever is whichever is greater greater Min. Distance 10' 10' 10' '/2 SBH /2 SBH between structures Max.Zoned 35' 35' 35' 35' 35' Bldg.Height Min. Floor Area 1,000 sf 1,000 sf 900 sf 900 sf N/A Max. Actual 40' 40' 40' 40' 40' Bldg. Height Preserve Setback 25' 25' 25' 25' 25' ACCESSORY STRUCTURES Min. Front Yard SPS SPS SPS SPS 12' Min. Side Yard SPS SPS SPS SPS SPS Min. Rear Yard 5' (7) SPS(7) SPS 5' SPS Preserve Setback 10' 10' 10' 10' 10' Max. Zoned SPS SPS SPS SPS SPS Bldg.Height Max. Actual SPS SPS SPS SPS SPS Bldg.Height SPS: Same as Principal Structure BH: Building Height SBH: Sum of Building Heights NIA:Not Applicable Page 10 of 22 Words underlined are additions;words sNifek-through are deletions H:\202I\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(I 1-18-2022).docx Notes: (1): Front yard setbacks shall be measured from Right-of-Way line and shall allow a 2-foot separation from the structure to the Public Utility Easement. (2): If side yard setback is 0 feet on one side, the other side yard shall be 10 feet for a total building separation of 10 feet. (3): Alley setbacks shall be measured from the easement line. Parking may be accessed from alleys at the rear of the property provided there is a 5-foot clearance from the vehicle to the edge of the pavement. (4): Multi-family structures may have terraced setbacks. Terraced setbacks shall be measured from the ground floor exterior wall, as long as a minimum 15-foot building wall setback is provided as depicted in Figure 1, below. (5): Garages shall be located at minimum of 23 feet from the back of the sidewalk, except for side load garages,wherein a parking area 23 feet in depth shall be provided to avoid vehicles from being parked across a portion or all of the referenced sidewalk. (6): Amenities must maintain a 100-foot (100') separation from all external boundaries of Tract E. (7): For lots whose rear lot lines abut a lake or water management tract, open space tract or buffer tract, the minimum rear setback for a screen enclosure shall be 0 ft. and the minimum rear setback for a pool shall be 3 ft. PROPERTY 15' MIN. �f � —� LINE ---- Tom— -_ — _ SETBACK 1r-1 '� ,", �1 Lam ____ Figure 1 Terraced Setbacks Page 11 of 22 Words underlined are additions;words struck'G- ugh are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(1 I-18-2022).docx J. Minimum Off-Street Parking: Two (2) parking spaces per residential unit with a minimum of 1.5 parking spaces/unit paved and .5 parking space/unit reserved for paving at a time deemed to be appropriate by the County. K. Limitation On Signs: As permitted by the zoning ordinance in effect at time of application for building permit or as permitted by deviations in Section VI. 4.4. TRACT B: SINGLE FAMILY RESIDENTIAL A. Purpose: The purpose of this section is to set forth the development plan and land regulations for the areas designated on PUD Master Plan as Tract B,Single Family Residential. B. Permitted Uses and Structures: No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Permitted Principal Uses and Structures: a. Single Family Residences. b. Common open space&water management facilities. 2. Permitted Accessory Uses and Structures: a. Customary accessory uses and structures. b. Recreational uses and facilities. c. Airplane hangars or tie downs. C. Maximum Dwelling Units: A maximum of 16 residential dwelling units may be constructed. D. Minimum Yard Requirements: 1. Front Yard - 25 feet 2. Side Yard- 7.5 feet 3. Rear Yard - 25 feet 4. Accessory structure as required by current zoning ordinance. E. Minimum Lot Width: 100 feet. F. Minimum Lot Area: 12,000 square feet. Page 12 of 22 Words underlined are additions;words seek-through are deletions H:12021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx G. Minimum floor Area of Principal Structure: 1,200 square feet exclusive of patio, garage, and/or airplane hanger. H. Maximum Height of Principal Structures: Three (3) stories above the finish grade of lot or from the minimum base flood elevation required by the flood elevation ordinance. I. Off-Street Parking Requirements: Two (2) spaces, at least one of which shall be located within the permitted building area. J. Landscaping and Buffer: All buildings, enclosures, or other structures constructed for purposes of maintenance, shall have appropriate screening and landscaping. 4.5. TRACT C: PRIVATE AIR PARK DISTRICT: A. Purpose: The purpose of this section is to indicate the development plan and land regulations for the areas designated on the PUD Master Plan as Tract "C", Private Air Park District. B. Development Plan: 1. The primary purpose of this Tract will be to provide the necessary aviational support facilities to accommodate a private airport. These areas shall be utilized only in accordance with the provisions necessary to maintain and operate the private air park. 2. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as buffer shall be protected and preserved so long as such plant life shall not interfere with the control of airspace within 700 feet from the end of the primary runway surface. Page 13 of 22 Words underlined are additions;words iHitek-tiff49Ugh are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx C. Uses Permitted: No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: 1. Permitted Principal Uses and Structures: a. Airport runway and administration building. b. Airport hangers, T-hangers, and Airplane tie downs. c. Aviational fueling and service shop. d. Aviational maintenance and service shop. e. Water management facilities. f. Any other similar aviational support facilities that may be necessary or compatible with the operations of a.private air park. 2. Permitted Accessory Uses and Structures: a. Accessory uses customarily associated with the uses permitted in this district. b. Lawn or golf course maintenance shop and equipment storage. c. Signs as permitted at time of permit application. D. Minimum Yard Requirements: 1. Setback from edge of primary runway surface - 100 feet. 2. Other structures must conform with setbacks of the abutting properties land use regulations; however, they may not be placed within fifty (50) feet of the primary runway surface. E. Control of Airspace: The control of the airspace within 700 feet from the ends of the primary runway surface shall be adhered to by the project sponsor. The control shall be of such a nature as to prevent any airport hazards from being grown, erected, or otherwise placed within a glide path of 20:1 from the ends of the primary runway surface. • Page 14 of 22 Words underlined are additions;words straelf-through are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE: The purpose of this Section is to set forth the standards for development of the project 5.2 PUD MASTER PLAN: A. The PUD Master Plan is an illustrative preliminary development plan. B. The design criteria and layout illustrated on the Master Plan shall be understood as flexible so that,the final design may satisfy the project and comply with all applicable requirements. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. D. Minor design changes shall be permitted subject to staff approval. E. Overall site design shall be harmonious in terms of landscaping, enclosure of structure, locations of all improved facilities, and location and treatment of buffer areas. F. Areas illustrated as "lakes" shall be constructed lakes, or upon approval, parts thereof may be green areas in which as much natural foliage as practical shall be preserved. Such areas, lakes and/or natural green areas, shall be of general area and configuration as shown on the Master Plan. G. Wetland subzones "A-1, A-2, A-3.C-1. E-1 and E-2" (Wilson, Miller, Barton, Soli & Peek, Inc. Drawing File No. RZ-59, Sheet 2 of 2), are illustrative sub zones and will be conserved as much as practicable as storm water management/open space areas. These areas will be flagged for protection, prior to development. These areas have been amended by PMC-PL20210000383 as to Tract E on the Master Plan into one preserve totaling 2 acres and located along the western boundary as depicted on the Master Plan. H. Tract E access will be limited to one connection at Polly Avenue and one connection at Whitaker Road. However,the connection at Polly Avenue will not be constructed or will be removed and terminated should the potential interconnection to the development to the north become available. 5.43. WATER MANAGEMENT: A. Detailed water management construction plans shall be submitted to and approved Page 15 of 22 Words underlined are additions;words struck through are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx by the County Engineer prior to commencement of any construction. B. Appropriate easements to be granted to Collier County for maintenance of perimeter swale system. C. Any physical improvements that directly impact the components of the Lely Area Stormwater Improvement Program (LASIP) will comply with the LASIP permit and will not adversely impact flow/conveyance. 5.S4. SOLID WASTE DISPOSAL: Such arrangement and agreements as necessary shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project. 5.6-5. RECREATION FACILITIES: A minimum of two swimming pools and one tennis/ball court shall be constructed by the project sponsor. Additional recreational facilities may be constructed by the future residents of this project. 5.-;6. TRAFFIC: A. The project sponsor will provide to the appropriate governmental agency,an additional right-of-way of 17.5 feet along the south property boundary line for future road widening of Rattlesnake Hammock Road. B. The project sponsor agrees to construct a right and left turn storage lane on Rattlesnake Hammock Road for traffic entering ShadowWood and to pay for his proportionate share of the costs of a traffic signal at the project entrance when required by the appropriate governmental agency. C. A sidewalk shall be constructed on one side of the main entrance road into the project. D. The maximum total trip generation for Tract E shall not exceed 187 two-way PM peak hour trips based on the use codes in the ITE Manual on trip generation rates in effect at the time of application for SDP/SDPA or subdivision plat approval. E. Prior to developer turnover to a homeowner's or condominium association, the developer shall pay to County up to $60,000 for the County's design costs for traffic calming initiated by the owner's under the Collier County Neighborhood Traffic Management Program and County's installation costs, or up to $60,000 for County- initiated traffic calming including but not limited to striping, signage and speed tables on any of the roadways used to access Santa Barbara. This commitment will terminate upon issuance of the 273rd certificate of occupancy for Tract E if no traffic calming measures have been initiated by owners in the neighborhood or by County. Page 16 of 22 Words underlined are additions;words meek rough are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx F. Should the potential roadway interconnection to the development to the north as shown on the Master Plan be utilized, the owner, its successors or assigns of this PUD will pay the fair share cost of signalization and intersection improvements on Santa Barbara Boulevard, if warranted. The fair share payment will be made at time of request by Collier County. If a traffic signal is not warranted, as determined by Collier County Transportation's staff, the owner's obligation for its proportionate fair share of the cost of the traffic signal shall end upon the issuance of the final certificate of occupancy submitted by the developer or its successor. 5.47. UTILITIES: A. A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the County system. B. All areas of the project shall be served by a central wastewater collection system and by an existing off-site wastewater treatment plant. The existing plant shall be expanded as may be needed to meet the anticipated demands. Plans and DEP permit applications for the sewage treatment plant shall be submitted to the Utility Division. C. The project sponsor agrees to comply with all applicable County laws and ordinances governing utility provisions and facilities. D. Telephone, power and T.V. cable service shall be made available to all residential areas. All such utility lines shall be installed underground. E. The developer of Tract E shall provide water main stub-outs at any project vehicular connection to the public roadway system and to the PUD boundary to the north at the potential roadway interconnection shown on the Master Plan. The required stub-outs shall be a minimum size of 8 inches, and shall be located within the platted road right-of-way, and shall be established within a County Utility Easement (CUE) to be dedicated to the Collier County Water-Sewer District (District). The CUEs shall be shown on any final subdivision plat and shall be conveyed in accordance with the Collier County Utilities Standards and Procedures Ordinance (Ord. 04-31 as amended) at no cost to the County or District, free and clear of all liens and encumbrances, prior to or concurrent with preliminary acceptance of utilities. 5.98. ENVIRONMENTAL: A. A listed species survey shall be included in submittal materials associated with the next occurring development order request (i.e.: PPL or SDP) for Tract E. The required survey must be less than 12 months old for listed species known to inhabit biological communities similar to those found on site (LDC 3.04.00). The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Page 17 of 22 Words underlined are additions;words are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx 5.4-09 BOARD OF COUNTY COMMISSIONERS REQUIREMENTS: A. The development of Tract E will be done so as to have no impact on the taxiway or runway uses in Tract C of the PUD. B. Future residents in Tract E will be notified of the existing airpark operations and associated noise issues prior to purchase in written form. Specifically, the homeowners association documents for Tract E will contain the following disclosure in bold print: WING SOUTH AIRPARK. It is disclosed to each Owner of a Lot in the Community that the Community is adjacent to WING SOUTH AIRPARK, an existing airpark with operations nearby. The airpark may operate 24 hours per day, 7 days per week, and Owners of Lots in the Community may be subject to noise, odors, dust and other airport related conditions. Declarant does not represent, warrant or guarantee whatsoever how and to what extent the air traffic noise, odors, dust, other airport related conditions and/or the operation of the airpark will affect the Community and/or the use and enjoyment thereof, and Declarant shall have absolutely no liability whatsoever therefor. The homeowners association documents will be recorded in the public records of Collier County prior to the recording of the first plat for Tract E and prior to the closing of the first home in Tract E. Each purchase contract for a home in Tract E must include a disclosure in substantially the same form as the disclosure in the homeowners association documents, and the deed conveying title to the purchaser of each home in Tract E must state that the conveyance is subject to the homeowners association documents for the community. C. The developer will install a 6-foot high wall on top of a 4-foot high berm within the landscape buffer along the eastern and southern boundaries of Tract E adjacent to Wing South Airpark to buffer the homes in Tract E from noise, odors, dust, and other airport-related conditions associated with airpark operations. 5.10 PUD MONITORING A. One entity (hereinafter the Managing Entity) shall be responsible for PUD monitoring, as it relates to the development of Tract E, until close-out of the PUD, and this entity shall also be responsible for satisfying all PUD commitments related to Tract E until close-out of the RPUD. At the time of this PUD approval,the Managing Entity is Naples Associates VI,LLLP. Should the Managing Entity desire to transfer the monitoring and commitments to a successor entity, then it must provide a copy of a legally binding document, to be approved for legal sufficiency by the County Attorney. After such approval,the Managing Entity will be released of its obligations upon written approval of the transfer by County staff, and the successor entity shall become the Managing Entity.As Owner and Developer sell off tracts,the Managing Entity shall provide written notice to the County that includes an acknowledgement of the commitments required by the RPUD by the new owner and the new owner's agreement to comply with the Commitments through the Managing Entity,but the Managing Entity will not be relieved Page 18 of 22 Words underlined are additions;words struek-through are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx. of its responsibility under this Section. When the RPUD is closed out,then the Managing Entity is no longer responsible for the monitoring and fulfillment of PUD commitments. B. Pursuant to Section 125.022(5) F.S., issuance of a development permit by a county does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the county for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. C. All other applicable state or federal permits must be obtained before commencement of the development. • • • Page 19 of 22 Words underlined are additions;words struckgh are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx SECTION VI DEVIATIONS FROM THE LDC Deviation # 1 seeks relief from LDC Section 4.06.02.A., , which requires a landscape buffer along the eastern PUD boundary associated with the private airstrip to allow no buffer. Given the adjacent,offsite preserve abutting the easterly PUD boundary, no landscape buffer is required. DEVIATIONS 2-6 SPECIFIC TO TRACT E Deviation#2 seeks relief from LDC Section 6.06.01.N,which requires a minimum 60-foot right-of-way width for local roads, to allow that private roadways shall have a minimum 50-foot right-of-way width per Exhibit C-1, Tract E,Cross Section. Deviation # 3 seeks relief from LDC Section 4.06.02 Buffer Requirements, Table 2.4, which requires each property to provide a buffer, to allow for no landscape buffer between Shadowwood PUD Tract E and the development to the north, provided the properties have a roadway connection as shown on the Master Plan and are developed by the same developer as a unified development, entirely with single- family dwellings, submitted under one PPL. Deviation # 4 requests relief from LDC Sec. 5.04.04.B.5.c., which provides that a maximum of five model homes,or a number corresponding to ten percent of the total number of platted lots,whichever is less,per platted,approved development,shall be permitted prior to final plat approval,to allow for up to 16 model homes and a sales center to be permitted in Tract E of the RPUD. Each time the developer applies for a model building permit, it shall be required to inform the County how many model homes have been permitted. Deviation# 5A requests relief from LDC Sec. 5.06.02.B.5.a On Premise Directional Sign,which allows on-premises directional signs be set back a minimum of 10 feet from the edge of roadway,paved surface, or back of curb, to allow a setback of five feet from a roadway or platted easement, excluding public roadways, providing it does not result in public safety concerns or obscure visibility of the motoring traffic, as determined by the County Manager or designee. Deviation#5B requests relief from LDC Sec. 5.06.02.B.5.c.i On Premise Directional Sign,which allows one on-premise directional sign with a maximum area of 24 square feet and a maximum height of 8 feet, to allow all directional signs to a maximum area of 24 square feet and maximum height of 8 feet. Deviation # 6 requests relief from LDC Sec. 3.05.10 Littoral Shelf Planting Area (LSPA), Paragraph A.1.b. which requires that 7 percent of the total area of a lake, measured at the control elevation, be provided as LSPA,to instead not require a LSPA,as defined in Section 3.05.10.,but to require two rows of native grasses around the entire perimeter of the stormwater lake(s) within Tract E at the control elevation. Deviation# 7 requests relief from LDC Section 6.06.01 Street System Requirements,Paragraph J,which prohibits dead-end streets except when designed as a cul-de-sac, to instead allow dead-ends on internal roadways provided the dead-end portion of the street does not exceed 150 feet. Page 20 of 22 Words underlined are additions;words efruelt-through are deletions H:\202I\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx NORTH O PROPOSED SANDY LANE RPUD PUD 0 800 HOMES OF 10'MN.TYPE A'FOR A PUD A ISLANDIA PUD I " SF 15'MI TYPE 'FOR MF SF NAPLES WATERFORD SCALE IN FEET HERITAGE GOLF AND D ESTATES COUNTRY CLUB -I Z POTENTIAL INTERCONNECTION > W 2324f 188- re`+s 2. 3 10 MIN.TYPE"A'FOR SF x E A 1C'MIN.TYPE w 15'MIN.TYPE"B"FOR MF > BUFFER I LANDSCAPE BUFFER SUBJECT CFPUD TO CONDITION 5.9.C. LASIP CO IMcrc�. yill— 623 CONSERVATION — •,,,�' TRACT E AREA r- SUBJECT TO Ine�oWE 0 -a CONDITION 5.2.H. (Teo n sOPrPPL) 2 4 A LK PRESERVE ACVE 5 0 N 0 in i 10'MIN.TYPE"A"FOR SF 0 A 15'MIN.TYPE"B"FORMF w - 1D 6 A P EL B06 880 .err s� y° I fil 10'MIN.TYPE'A"FOR SF ch 15'MIN.TYPE'B"FOR MF ADKINSAVFNUE I I ADAINSAVENUE 132' 500' O9',r RPUD 16 193 1 RSF-4 A PUD NAPLES LAKES ONYX A COUNTRY CLUB PO1IYAVENUE I 15'MIN.TYPEBUFFER "B' TRACT C LEGEND A 15'MIN. — —EXISTING SIDEWALK TYPE"Er RFC:RECREATION AREA 15'MIN.TYPE'B" BUFFER P: PRESERVE(REF:LDC 3.05.07.B) BUFFER RSF-4 1 PUD DEVIATIONING SOUTH AIRPARK VILLAS 7 PRESERVE SETBACKS 3 3 PRINCIPAL STRUCTURES 25 FEET __ ._ ACCESSORY STRUCTURES 10 FEET 15'MIN.TYPE"B' I 1- SUFFER I ) EEE^---- SHADOW W000 SUBDIVISIONS I l ii PB PAGE N SHADOWWOOD 23 7R-79 O J P �/ 04 1 SHADOWWOOD VILLAS 23 86-87 \1 5 2 REPEAT OF SHADOWWOOD PARK 25 95.99 ev I WING SOUTH AIRFARE EXT 61 20-21 PIRKII4 rtHOOK ROAD y RSF-3 2 REC,,,� SSHADOW PUD MASTER PLAN SUMMARY . �V) ° yX� 8 DESCRIPTION ACREAGE DWELUNG UNITS I D TRACTA-RESIDENTIAL 39.67± 194 0 LAKE 0 �Np TRACT C-RESIDENTIAL 77.98± 364 PARKER$ A H1vMDRE D p TRACT B 5.68± 16 TRACT A W 3 TRACTC-SINGLE-FAMILY 41.78± N/A RM F-6 20'MIN.TYPE"D" a RESIDENTIAL 2 BUFFER-. 1 1e . ENTRANCE DRIVE L 2 7 e TOTALS 168.1± 574 _ — - — KE — — — — — — - RATTLESNAKE HAMMOCK RD 4 GROSS DENSITY 3.41 UNITS/ACRE I P U D 2PRESERVE 3.8 ACRES±PER RZ-59 LEPUD RESORT COLLEGE PARK REVISIONS 950 Encore Way 11/27/19 REV.PER LANDSCAPE REVIEW Naples,FL.34110 12/02/19 REV.PER LANDSCAPE REVIEW B Phone:(239)254-2000 1/17/20 REV.PER COUNTY PLANNER i Florida Certificate of 06/11/20 REV.PER GCMGL W. Authorization No.1772 02/18/21 REV.PRESERVE AREA �uaawooR�ala�ulLe,uervY 06/04/21 REV.NORTHERN ACCESS HEHAGAN SHADOWWOOD 07/02/21 REV.NORTHERN ACCESS 01/07/22 ADD DEVIATION NOTE E N G 1 N E E R I N G PUD MASTER PLAN 03/29/22 ADD BUFFER CONDITION 1250 TAMIAMI TRAIL NORTH.STE.203E1 DATE PROJECT NO. SCALE SHEET 05/24/22 ADD SANDY LANE RPUD NOTE Naples.Flonde 34102 07/28/22 REVISED BUFFER CONDITION Phone(239)851-8239 01/2020 2021—01 5 As Shown 1 OF 1 Page 21 of 22 Words underlined are additions;words stfwek rhmughk are deletions H:\2021\2021015\WP\PUDA\Post CCPC\Shadowwood PUD(PL-20210001253)(11-18-2022).docx. m 0 o C A z— m rM n A�? R W LINE Z D W - r- 6 cn r-< i iZ O U T� ZN LP. O N > b i 0 V N IJ N 0 ' 21 A D o°' s x n mF. �� m�� I NCB y- (7 A(.i y O 0 T. O-1? N �Y�� I r_ > p O CZ 03 rm_ ZD z W• r'Z �l-t� -i 5 0v my -i_4m >� .- D A +oto • N 01 m o0 WWw CA O m;^ v'- \D0 e n -7--� ?Z V) /V ...30 1- K ' \� U "Ti z(1 *o O -I . Z ..0 * (-4 Vim) C rA* R/W LINE �., A K n z )/e/2maa.+ r\mi-oo-,L2 Strocar000d Tract E\a_ca.t Pe..VS+\Como yam \02100302_,Orti.acat000acttr n P Y CLIENT: o..I r Nucor wi�ad <x 5 ,, NAPLES ASSOCIATES VI, LLLP. (�� 2A0„or1e,hoe Sou„. ! Suit..7.Nap Florida.34104 Z TITLE: W y6✓ r 239-206-8000 Fa.239-205-e0e0 a. COH K3 SHADOWOOD PUD - TRACT E W.Cr' Robou Chfroncwco,P Aroociatoo,.ii., M lorida ROBAl1&ANNOT AlI I N GrtNkat.of Authorization No:300E7 EXHIBIT C-1 CROSS SECTION PROJECT 21-00-002 SHEET NUMBER' 1 OF 1 NUMBER: • Page 22 of 22 Words underlined are additions;words s-trfiekAreugh are deletions H:\2021\2021015\W P\PUDA\Post CCPC\Shadowwood PUD(PL-202 1 000 1 25 3)(II-18-2022).docx. ,,,t „„,, .,,,,, ., . , › z it :.-.- . 4... _i tf---: s.:4,,....40.J--- . ... • FLORIDA DEPARTMENT Of STATE RON DESANTIS CORD BYRD Governor Secretary of State January 31, 2023 Merline Forgue, BMR& VAB Senior Deputy Clerk Office of the Clerk of the Circuit Court & Comptroller of Collier County 3329 Tamiami Trail E, Suite#401 Naples, Florida 34112 Dear Merline Forgue, Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of the Collier County Ordinance No. 2023-05, which was filed in this office on January 30, 2023. If you have any questions or need further assistance, please contact me at(850) 245-6271 or Anya.Owens@DOS.MyFlorida.com. Sincerely, Anya C. Owens Program Administrator Florida Administrative Code and Register ACO/rra R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270