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Ordinance 99-37.j ORDINANCE 99- 37 ::, IIEEIVED .~,'7":'AN ORDINANCE AMENDING ORDINANCE NUMBER · .~:i'~L ~i!:7~:~.??'. 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0632N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS VINCENTIAN, FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SOUTHWEST BOULEVARD AND TAMIAMI TRAIL EAST (U.S. 41), IN SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 30i ACRES; PROVIDING ..... FOR THE REPEAL OF ORDINANCE NUMBER 91-88, AS AMENDED, THE FORMER VINCENTIAN PUD; AND ,.. ~ BY PROVIDING AN EFFECTIVE DATE. ~:~ WHEREAS, Greg Stuart of Stuart & Associates, representing The Diocese of Venice, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 0632N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 91-88, as amended, known as the Vincentian PUD, adopted on September 16, 1991 by the Board of County Commissioners of '~"ollier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of h ~~ day of~ 1999 Collier County, Florida, t i , . ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: 'Ap'p't~ed as:t'o Fo~m and '~i ~.~: ~-x ,':, This ordina~c~ Marj ogie M .",Stud%nt - ' ~ f/P~-84-11 (2) -2~ Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The Vincentian PUD A Mixed Use Development Prepared by: Stuart and Associates 2180 West First Street, Suite 210 Fort Myers, Flodda 33901 Date Reviewed by CCPC: Date Approved by BCC: Ordinance Number: TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE 3 SECTION I Property Ownership &Description 5 SECTION II Project Development 7 SECTION III Residential District 12 SECTION IV Community Commercial District 16 SECTIONV Reserve District 19 SECTION VI General Development Commitments 21 LIST OF EXHIBITS EXHIBIT "A" PUD Ordinance EXHIBIT "B" Master Plan & Water Management Plan STATEMENT OF COMPLIANCE -~ :' The development of approximately 30+~- acres of property in Section 32, Townshi' ~50 S~th~ Range 26 East, Collier Count, as a Planned Unit Development to be known as T~,yin~nti~ PUD will be in complian~ with the planning goals and objectives of Collier Coun~ s~fo~ ~n the Collier Coun~ Gro~h Management Plan. The commercial and residential/grd~'housing facilities of the Vincentian PUD will be consistent with the gro~h policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject prope~ is located along the South US 41 corridor, be~een Rafflesnake Hammock Road and CR 951, and is classified as Urban Coastal Fringe as identified on the Future Land Use Map. The Future Land Use Element permits commercial infill, residential and group housing land uses in this area. Bounded to the noah and south by highway commercial uses, the site is well suited as a commercial infill prope~ for the US 41 frontage and for residential/group housing along Southwest Boulevard. 2. The subject prope~'s location in relation to existing or proposed communi~ facilities and se~ices permits the development's intensi~ of land use as required in Objective 2 of the Future Land Use Element, and Policies 2.2, 2.3, 2.4, 2.5 and 2.6. 3. The project development promotes sound planning and ensures land use compatibili~ as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementa~ to existing and future surrounding commercial land uses to the noah and south, and existing and future surrounding residential land uses to the noahwest, west and southwest, as required by the Commercial In-fill policy and Policy 5.4 of the Future Land Use Element. 4. The proje~ shall be in ~mpliance with all appli~ble Coun~ regulations including the Gro~h Management Plan. 5. All final development offiem for this proje~ are subje~ to Division 3.15, Adequate Public Facilities, of the Collier Coun~ Land Development Code as set foffh in Policy 3.1 of the Future Land Use Element. 6. Group Housing, which includes adult living facilffies and nursing homes, is pe~i~ in the Urban Coastal Fringe Area per Policy 5.8 of the Future Land Use Element. 7. ~e ~n~ntian PUD is plan~ to in~orate natural systems for water management in a~rdan~ w~ their natural fun~ions and ~pabil~ies as may be required by Obje~ive 1.5 of the Drainage Sub-Element of the Public Facilities Element. 3 8. The project will be served by a complete range of services and utilities as approved by the County. 9. The entire subject property qualifies for a base density of four dwelling units per acre. The subject property qualifies for group housing densities consistent with LDC Section 2.6.26 and is therefore consistent with Future Land Use Element Policy 5,1. 4 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 name of The Vincentian PUD 1.2 LEGAL DESCRIPTION A parcel of land located in Section 32, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: COMMENCING AT THE COUNTY MONUMENT MARKING THE EAST 1/4 CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, THIS MONUMENT BEING THE POINT OF BEGINNING; THENCE RUN NORTH 02 DEGREES 47 MINUTES 30 SECONDS EAST, ALONG THE EASTERLY BOUNDARY OF SECTION 32, A DISTANCE OF 826.25 FEET TO THE INTERSECTION OF THE EASTERLY BOUNDARY OF SECTION 32 AND THE SOUTHEASTERLY RIGHT-OF-WAY OF TAMIAMI TRAIL (U.S. 41), SAID INTERSECTION BEING 200 FEET AT RIGHT ANGLES TO THE CENTER LINE OF TAMIAMI TRAIL AND 9.27 FEET WEST OF THE POINT OF TANGENT OF THE RIGHT-OF-WAY CURVE; THENCE, FROM SAID INTERSECTION POINT, RUN ALONG THE RIGHT- OF-WAY ARC, A DISTANCE OF 884.45 FEET TO THE POINT OF CURVE, SAID CURVE HAVING A DELTA ANGLE OF 15 DEGREES AND 21 MINUTES RIGHT, A TANGENT LENGTH OF 438.76 FEET, A RADIUS OF 3255.85 FEET AND A DEFLECTION ANGLE OF 00 DEGREES 52 MINUTES 40 SECONDS; THENCE, FROM SAID POINT OF CURVE RUN NORTH 39 DEGREES 04 MINUTES WEST, ALONG THE RIGHT-OF-WAY TANGENT, FOR A DISTANCE OF 76.11 FEET TO A CONCRETE MONUMENT SET ON THE EASTERLY BOUNDARY OF TRAIL ACRES SUBDIVISION AS RECORDED IN PLAT BOOK 3 AT PAGE 50 OF THE PUBLIC RECORDS OF COLLIER COUNTY; THENCE SOUTH 50 DEGREES 56 MINUTES WEST, ALONG THE EASTERLY BOUNDARY OF TRAIL ACRES SUBDIVISION, A DISTANCE OF 958.37 FEET TO A CONCRETE MONUMENT; THENCE SOUTH 39 DEGREES 40 MINUTES EAST, A DISTANCE OF 1082.32 FEET, TO A CONCRETE MONUMENT SET ON THE SOUTH BOUNDARY OF THE NORTHEAST 1/4 OF SECTION 32; THENCE ALONG SAID BOUNDARY OF THE NORTHEAST 1/4, BEARING SOUTH 87 DEGREES 31 MINUTES 45 SECONDS EAST, A DISTANCE OF 696.20 FEET TO A COUNTY CONCRETE MONUMENT, THE EAST 1/4 CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, AND THE POINT OF BEGINNING; Containing 30.00 acres, more or less. _ Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The subject property is currently owned by the Diocese of Venice. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located along South US 41 of unincorporated Collier County, Florida. The subject property is located within the Urban Coastal Fdnge as designated on the Future Land Use Map. 5 B. The property is currently vacant. The entire site currently has PUD zoning. 1.5 PROJECT DESCRIPTION The Vincentian PUD will include a mixture of land uses for commercial and residential/group housing. The Vincentian PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for landscaping, lighting, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "A" PUD Master Plan. Individual Tract land use acreages are identified within the master plan. 1.6 SHORT TITLE This Ordinance shall be known and cited as the "Vincentian Planned Unit Development Ordinance." SECTION II ~,~ PROJECT DEVELOPMENT 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 Vincentian PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Vincentian PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code 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 PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. B. Minor modfficetions to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. C. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private, semi public, etc.) shall be established and/or vacated within or along the property, as may be necessary. 2.4 LAND USE A. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2.5 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5 of the Collier County Land Development Code. 2.6 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2.7 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 2.8 PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2.10 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 30 +/- acres requiring a minimum of 9 acres to be retained as open space throughout The Vincentian PUD. This requirement shall not apply to individual development parcels. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 2.12 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2.13 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.14 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Vincentian PUD shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 EXCAVATION AND VEGETATION REMOVAL A. Improvement of property shall be prohibited pdor to issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced pdor to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. B. A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site-clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 2. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a. A site-clearing plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b. The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. d. The permittee shall post a surety bond or an irrevocable standby letter 10 · of certified cost estimate as previously of credit in an amount of I o detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon compleUon of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in the subdivision security. 10 3. A vegetation removal permit is not required for the removal of protected vegetation prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. 2.16 ARCHITECTURE AND SITE DESIGN All commercial buildings, signage, lighting, landscaping and other visible architectural infrastructure shall have a similar architectural theme and be aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a building permit. SECTION III RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on Exhibit "A", PUD Master Plan as "Residential". 3.2 MAXIMUM DWELLING UNITS A maximum number of Four Dwelling Units (4 DUS) per gross acre may be constructed on lands designated "Residential" on the PUD Master Plan. For assisted living facilities, the maximum number of units shall not exceed a factor of 0.45 (0.45 times the area of the property equals the gross floor area). 3.3 GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to accommodate Single-family, Multi-family and Group Housing, along with associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the Residential district is Nine and eight-tenths (9.8) acres. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. The Residential tract is designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or part, for other than the following: A. Principal Uses 1. Single-family detached dwelling units. ,--- 2. Single-family and zero lot line dwellings. , 3. Two-family and duplex dwellings. 4. Single-family attached and town house dwellings. 5. Multiple-family dwellings including Garden Apartments. 6. Assisted Living Facilities (ALF's) pursuant to Section 2.6.26 CCLDC. 12 7. Group Care Facility (category I and category II) pursuant to Section 2.6.26 CCLDC, excluding Homeless Shelters. 8. Nursing home facility pursuant to Section 2.6.26 CCLDC. 9. Group Care units, except homeless shelters, pursuant to Section 2.6.26 CCLDC. 10. Guard houses and entrance gates. 11. Management offices and recreational facilities that serve the group housing development including but not limited to administrative offices, tennis courts, pools, pool cabanas, clubhouses and gazebos. 12. Any other principal use, which is comparable in nature with the foregoing, uses. B. Accessory Uses 1. Uses and structures that are necessary and incidental to uses permitted as a right including, but not limited to, garages and carports. 2. Parks, passive recreational areas, boardwalks, observation platforms. 3. Biking, hiking, health and nature trails. 4. Water management facilities and lakes, including lakes with seawall and other types of architectural bank treatment, and essential services. 5. Recreational shelters, restrooms, off-street parking, lighting and signage. 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Residential District. 1. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. 2. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 3. Development standards for uses not specifically set forth in Table I shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. 4. In the case of residential structures with a common architectural theme, the required development regulations may be reduced provided a site plan is approved pursuant to Division 3.3 of the Land Development Code. 5. Single-family and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS SINGLE TWO SINGLE FAMILY MULTI- PERMITTED USES FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY AND STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Category 1 2 3 4 5 Minimum Lot Area 6,000 SF 5,000 SF 3,500 SF .4 3,000 SF I AC Minimum Lot Width ,s 60 50 35 30 150 Front Yard 25 20 20 20 25 Front Yard for 10 10 10 10 15 Side Entry Garage Side Yard 5 0 or 5.3.7 0 or 7.5.6 0 or .5 BH .6 0.5 BH Rear Yard Principal'l 20 10 20 20 BH Rear Yard Accessory 10 8 10 10 15 Maximum Building Height .2 35 35 35 35 55 Distance Between 10 10 15 .5 SBH .5 SBH Principal Structures Floor Area Min. (S.F.) 1200 SF 1200 SF 1200 SF 1200 SF · BH: Building Height · SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. · S_EF: Square feet · All distances are in feet unless otherwise noted. · Front yards shall be meaaured as follows: A. If the parcel is served by a public ROW, setback is measured from the adjacent right-of-way line. ' ~ B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel is served by a platted private drive, the setback is measured from the mad easement or property line. · '1 - Rear yards for principal and accessory structures on lots and tracts which abut a non-jurisdictional open space or native vegetation preservation area may be zero (0') feet except that when abuffing a lake or water body;, an architectural bank treatment shell be incorporated into the deign. · '2 - Building Might shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. 14 · '3 - Zero feet (0') or a m~nimum of five feet (5') on either side except that where the zero feet (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard, The first structure built within a series of zero lot line homes shall determine the zero lot line setback for the subsequent development within that specific housing tract. · '4 - Each half of a duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. · '5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. · '6 - Zero (0') foot provision does not apply to any exterior wall of a structure, and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semi-detached units. · '7 - Accessory uses such as any authorized recreational amenity (i.e. pools, spas, landscape features, etc.) may be located within zero (0) feet of a side lot line when adjacent the wall of a residence with no window openings. Accessory uses for Zero lot line homes must be setback a minimum of 5 feet from the adjoining building wall that is permitted along the lot line. All other setbacks shall be as required by Division 2.6.2 of the Land Development Code in effect at the time of building permit application. · '8 - Group care facility (category I and category II other than homeless) - 1,500 sq.ft. plus 200 sq.ft. per live-in person, beginning with the seventh live-in person. 15 SECTION IV COMMERCIAL INFILL DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentjan PUD designated on the Exhibit "A", PUD Master Plan as "Commercial". 4.2 GENERAL DESCRIPTION A. Areas designated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the "Commercial" distdct is eight and one-half (8.5) acres. Actual acreages of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. C. Up to one hundred and fifteen thousand (115,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development 4.3 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: A. Permitted Principal Uses and Structures 1. All permitted uses of the C-2 commercial convenience district consistent with the Collier County Land Development Code in effect as of the date of approval of this PUD. 2. Amusements and recreation services (Groups 7911, 7922 community theaters only, 7933, 7991, miniature golf course, bicycle and moped rental). 3. Auto and Home supply stores (Groups 5531). 4. Business Services (Groups 7311,7313, 7322 through 7338, 7361 through 7379, 7384, 7389 except auctioning service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting. 16 5. Drinking places (5813) excluding bottle clubs. All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the Iocational requirements of section 2.6.10. 6. Hospitals (Groups 8062 through 8069). 7. Membership Organizations (Groups 8611 through 8699). 8. Miscellaneous Retail (Groups 5912 through 5963). 9. Museums & Art Galleries (8412) 10. Paint, Glass & Wallpaper Stores (5231) 11. Public Administration (All Groups) 12. Non-Depository Credit Institutions (Groups 6111 through 6163). 13. Real Estate (Groups 6531, 6541, 6552). 14. Retail nurseries, lawn and garden supply stores (5261). 15. Social services (Groups 8322 through 8399). 16. Used merchandise stores (5932, except pawnshops and building materials). 17. United States Postal Service (4311 except major distribution center). 18. Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the C-2 Commercial Intermediate District. 4.4 ACCESSORY USES AND STRUCTURES A. Uses and structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible. 4.5 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet. B. Minimum lot width: Seventy-five (75) feet, as measured by the extedor project' lines. C. Minimum yard requirements: 17 1. Front yard: Twenty-five (25) feet. 2. Side yard: Fifteen (15) feet. 3. Rear yard: Fifteen (15) feet. 4. Any yard abutting a residential parcel: Twenty-five (25) feet. D. Distance between principal structures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: As required in Division 2.3. F. Minimum floor area of principal structure: seven hundred (700) square feet gross floor area for each building on the ground floor. G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the finish floor elevation to the building eave. H. General application for Setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. I. Architectural and site design standards: All commercial buildings and projects shall be subject to the provisions of Division 2.8. J. Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchandise is prohibited. K. Landscaping: As required in Division 2.4. L. Signs: As required in Division 2.5. 18 SECTION V r;~,""' '~ ;'~ --~.--; RESERVE DISTRICT c~ ~.~ -' -. ,~ 5.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Vincentian PUD designated on Exhibit "A", PUD Master Plan as Reserve. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The priman/ purpose of the Reserve District is to retain an on-site wetland system, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide an open space site amenity for the enjoyment of The Vincentian PUD residents, and to provide a native vegetative buffer for adjoining residential properties. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. C. Water management facilities, structures and lake bulkheads or other architectural treatments. D. Mitigation areas. E. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Current Planning Manager determines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS A. All structures shall setback a minimum of fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of reserve Distdct boundaries and roads, except for pathways. boardwalks and water management structures. which shall have no required setback. 19 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands* included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The Vincentian PUD shall be responsible for control and maintenance of lands within the Reserve District. 20 6.1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the Final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth In this document, or as otherwise approved by Collier County. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan iljustrates 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 Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 6.4 WATER MANAGEMENT A. Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. B. Detailed paving, grading and site drainage plans shall be submitted to Engineering ' '~ Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. C. In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 21 D. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. 6.5 TRANSPORTATION A. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at Southwest Boulevard if and when the project is warranted by the County. The signal will be owned, operated and maintained by Collier County. B. The developer shall provide arterial level street lighting at the project entrance prior to the issuance of a Certificate of Occupancy. C. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any development permit for the project. 6.8 UTILITIES A. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. 6.7 ENGINEERING A. Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. 6.8 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 Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Flodda Statutes. Buffers shall be provided in accordance with 3.2.8.4.7.3 CCLDC. C. Buffers shall be provided around 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 approved by Current Planning Environmental Staff. ' D. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Flodda Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. F. The project shall comply with the environmental sections of the LDC and the GMP in effect at the time of final development order approval. G. An Environmental Impact Statement (EIS) shall be included with the next development order submittal. H. At the time of the first development order submittal the 25% required native vegetation shall be identified. EXHIBIT B THE VINCENTIAN PUD MASTER & WATER MANAGEMENT PLAN 24 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-37 Which was adopted by the Board of County Commissioners on the 25th day of May, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of May, 1999. DWIGHT E. BROCK Clerk of Courts Ex-officio to Board~bf. By: Lisa