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
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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
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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.
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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.
•
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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.
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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.
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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.
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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:
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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:
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•
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
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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
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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.
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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.
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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.
•
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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
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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.
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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).
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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
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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.
•
•
•
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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
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NORTH
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SANDY LANE
RPUD PUD
0 800 HOMES OF
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WATERFORD SCALE IN FEET HERITAGE GOLF AND
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1 PUD DEVIATIONING SOUTH AIRPARK VILLAS
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PRESERVE SETBACKS 3 3
PRINCIPAL STRUCTURES 25 FEET __ ._
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SHADOW W000 SUBDIVISIONS I l
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N SHADOWWOOD 23 7R-79 O J
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04 1 SHADOWWOOD VILLAS 23 86-87 \1
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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 — — — — — — -
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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
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NUMBER:
•
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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