Loading...
Ordinance 98-016 ORDINANCE 98- 16 AN ORDINANCE AMENDING ORDINANCE NUMBER 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 9635S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SADDLEBROOK VILLAGE, FOR PROPERTY LOCATED ON THE NORTH SIDE OF THE INTERSECTION OF RADIO ROAD (C.R. 846) AND DAVIS BOULEVARD (S.R. 84), LYING SOUTH OF INTERSTATE 75, IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 33.79 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 91-55, AS AMENDED, THE FORMER SADDLEBROOK VILLAGE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Dwight Nadeau of McAnly Engineering and Design, Inc., representing Colonial Equities, Inc., petitioned the Board of County Commissioners to chan~e 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 34, Township 49 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 9635S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 91-55, as amended, known as the Saddlebrook Village PUD, adopted on June 25, 1991 by the Board of County Commissioners of ellier County, is hereby repealed in its entirety.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 Collier County,'.Florida, this /d day of ~,~J 4 1998. ATTEs~:~.) t~o.~ BOARD OF COU,~Y CO~SS~O,ERS DWIGHT: ~f C~erk COLLIER COUNTY, FLORIDA ~ved as t,~ 0rm an Legal' ~S~fici'ency ~reta~ of  ~ d f of that S ' . tudent a~ ackn~ted~em~nt Assistant County Attorney -2- SADDLEBROOK VILLAGE A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING SADDLEBROOK VILLAGE, A PLANNED UNIT DEVELOPMENT PUKSUANT TO PROVISIONS OF ~ COLLIER' COUNTY LAND DEVELOPMENT CODE PREPAKED FOR: COLONIAL EQUITIES, INC. 16200 DALLAS PARKWAY, SUITE 190 DALLAS, TEXAS 75248 PREPARED BY: McANLY ENGINEERING AND DESIGN, INC. 5101 EAST TAMIAMI TRAIL, STE. 202 NAPLES, FLOP, IDA 34113 DATE REVIEWED BY CCPC .....~/98 DATE APPROVED BY BCC 3/10/98 ORDINANCE NU1v[BER 98-16 AMENDI~"'NTS AND REPEAL Exhibit "A" TABLE OF CONTENTS List of Exhibits and Tables i e Statement of Compliance ii Section I Legal Description, Property Ownership and General Description I-I Section II Project Development II-I Section III Residential Development Standards III-1 Section IV Recreation Area Development Standards IV-I Section V Preserve Area V-I Section VI Development Commitments VI-1 LIST OF EXHIBITS AND TABLES EXHIBIT A PUD MASTER PLAN EXHIBIT B ARCHITECTURAL ELEVATIONS TABLE I PROJECT LAND USE TABLE II RESIDENTIAL~,ECREATION DEVELOPMENT STANDARDS STATEMENT OF COMPLIANCE T~e development of approximately 33.79 acres of property in Collier County as a Planned Unit Development known as Saddlebrook Village will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. Tbe residential and recreational facilities of Saddlebrook Village will be consistent with the growth policies, had development regulations, and applicable comprehensive planning objectives of t.ich of the elements of the C~owth Management Plan for the following reasons: l. The subject property for development is within the Urban Mixed Use District/Ueoan Residential Subdis~ricl as identified on the Future Land Use Map as provided for in Objective I of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. 2. The project being withjn one mile of a designated Activity Center, and having an approved Affordable Housing Density Bonus Agreement provides for the approved residential density of 12.96 units per acre (438 units on 33.79 acres), and is consistent with the Future Land Use Element of the Collier County Growth Management Plan. 3. The development will be compatible with and complementary to existing and planned surrounding land uses. 4. The development of Saddlebrook Village PUD will result in ~., ~fiicient and economical extension of community facilities and services as required in Policies 3.! .H and L of the Future Land Use Element. 5. Saddlebrook Village PUD is consistent with and furthers Policy 5.5 ofthe Future Land Use Element in that it is using existing land zoned for urban uses. 6. Saddlebrook Village PUD implements Policy 5.6 of the Future Land Use Element in that more than 60e,4 of the project will be open space or reserved for conservation purposes. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section ~s to set forth the location and ownership or the property, and to describe the existing conditions of the property proposed to be developed under the project name of Saddlebrook Village PUD. 1.2 LEGAL DESCR1]'TION The subject property being 33.79 acres is described as: The West I/2 of' the Southeast 1/4 of Section 34, Township 49 South, Range 26 East, Collier County, Florida, lying south of Interstate 75; Less and except the tollowing: The South 50.00 feet for Radio Road Right-Of-Way, and the East 726.00 feet of the West I/2 of the Southeast 1/4 orsaid Section 34. l.S PROPERTY OWNERStIP The subject property is owned by James R, Colosimo, Trustee. 1.4 I'HYS]CAL DESCR1]rlION The development property is located on the north side of the intersection of Radio Road (C.P-. 856) and Davis Boulevard (S.R. 84), lying south of Interstate 75, in Section 34, Township 49 South, Range 26 East. The proposed project site is presently undeveloped, but has beer, historically timbered. The majority of the property is infested with the exotic species Melaleuca. The property is generally without topographic relief, with elevations ranging from 10.4' to 10.6' above mean sea level. The site contains some areas of jurisdictional wetlands, but are of low quality due to the extensive exotic infestation. Natural drainage is southw,.sterly. The proposed water management regime for the project utilizes lake and natural wetland and upland detention areas which will result in the post development surface water discharge volume being no more than the pre-development discharge volume. 1.5 PROJ'ECT DESCRIPTION The Saddlebrook Village PUD shall be a rental apartment development, with the multi- family apartment development centered around common areas to be utilized for passive and active recreational opportunities. Each residential unit will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. The entire 33.79 acre property is planned as a single stormwater management basin. Approximately 3 acres of lakes and I ! acres of natural/preserve area are included in this I-1 Flood protection will be provided to the project by raising buildings and roads in cord'orma~ce with South Florida Water Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3-day/zero- discharge storm elevation, and the minimum road elevation is based on the 25 year, 3- day/zero discharge storm event. After heavy rain.rail events, runoff from impervious areas will be routed to the lakes connected by pipe, which will run to the wetland preserve with discharge to the east. 1,6 SHORT TITLE This Ordinance sh~| be known and cited as the "Saddlebrook Village Planned Unit Development Ordinance". I-2 SECTION H PROJECt DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the development areas included in the Saddlebrook Village PUD development, as well as Other project relationships. 2.2 GENERAL A. Regulatior;s for development of Saddlebrook Village PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growlh Management Plan in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the 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 time ofbuildin8 permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Saddlebrook Village PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in f~ll force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, from the County Land Development Code, at the earliest or next to occur or either Final Site Development Plan approval, Final Plat approval, if required, or building permit issuance appllcab[e to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND IAND USE TRACTS A. The project Master Plan, including layout of internal driveways and use of land is iljustrated graphically by Exhibit "A", PUD Master Plan. There shall be two land use areas, portions of which may include water management lakes or facilities, and private driveways, the general configuration of which is also iljustrated by Exhibit II-1 TABLE 1 PROJECT LAND USE AREAS UNITS ACREAGE:I: RESIDENTIAL DEVELOPMENT AREA 438 23 PRESERVE AREAS 0 11 B. Areas iljustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry arm shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to development areas, lakes or other boundaries may be permitted at the time of Site Development Plan approval, subject to the provisions of Division 3.3. 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 on Exhibit "A", such casements as necessary (utility, private, semi-private, etc.) shall be established within or along the various areas as may be necessary. 2.4 MAXIMUM PRO.rECT DENSITY A maximum o~' 438 residential dwelling units may be constructed in the total project area. The gross project area, is approximately 33.79 acres. The gross project density, therefore, will be a maximum of 12.96 dwelling units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS Given that Saddlebrook Village PUD is proposed to be developed with multi-hmily rental apartments in two phases, subdivision is not anticipated, nor required based on the present development intent. Should the development intent change such that subdivision proc<~dures are required pursuant to the Collier County Land Development Code (LDC), the provisions of Division 3.2. ofthe LDC shall apply. A. Prior to Final Local Development Order issuance for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the Collier County Land Development Code. B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 ofthe Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 1I-2 2.6 LAKE SETBACK AND EXCAVATIONS The lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Envirortrncntal Services Administrator, or his designce. Lakes may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. of the Land Development Code, however, removal or~ll from Saddlebrook Village PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards). orthe total volume excavated unless a commercial excavation permit is received. 2.7 USE OF DRIVEWAYS Each phase of Saddlebrook Village PUD is proposed to have separate accesses from the Radio Road Right-Of-Way. All internal vehicular accessways as shown on Exhibit "A", PUD Master Plan, shall be considered driveways, and shall be private. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided for in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 6.3.C. of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time or adoption of this ordinance establishing Saddlebrook Village PUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of Ihe subsequent purchasers of property within Saddlebrook Village PUD, the developer shall provide appropriate legal instruments for the establishment of a Properzy Owners' Association, whose function shall include provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions orSection 2.2.20.3.8. of the Collier County Land Development Code. 2.10 MODEL APARTMENTS AND RENTAL FACILITIES Model apartments, rental centers and other uses and structures related to the promotion and rental of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, puking areas, tents, and sips, shall be permitted principal uses throughout the Saddlebrook Village PUD, subject to the requirements of Division 2.4, Division 2.5, and Section 2.6.33.4. of~e Collier County Land Development Code. II-3 2.11 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Saddlebrook Village PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: A. Stockpile maximum side slope: 3: I B. Stockpile maximum height: thirty-five (35) feet C. Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over multi-family building arm which are depicted on an approved Final Site Development Plan, no fencing is required. D. Soil erosion control shall be provided in accordance with Division 3.7 or the Land Development Code, and stockpillng retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than rout feet over multl-ramily building arm which are depicted on an approved Final Site Development Plan, erosion control is required, but no seeding with grass is required. E. Fill storage shall not be permitted in Preserve Areas. 2.12 REQUIRED ~:NVIRONMENTAL PERMITTING Where the development of land within Saddlebrook Village PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final local development order approval. 2.13 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Section 3.9.:5.5. of the Collier County Land Development Code, a minimum of 2:5% of the viable, naturally functioning native vegetation on site is required to be retained. This requirement is fully satisfied within the Preserve Areas and other areas within the PUD. 2.14 LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3. of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions or the PUD document become a part of the Land Development Code and shall be the standards of development rot the PUD. Thenceforth, development in the area delineated as the PUD District on the Official Zoning Atlas will be governed by the adopted development regulations and PUD Master Plan. II-4 SECTION III RESIDENTIAL DEVELOPMENT 3.1 PURPOSE The purpose of this Section is to identify specific development standards for areas depicting residential development on the PUD Master Plan, Exhibit "A". 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shah not exceed 438 dwelling units. 3.3 USES PERMITtED No building or structure, or pan thereof, shall be erected, altered or used, or land used, in whole or in pan, for other than the following: A. Pdncipal U~: 1) Multi-family dwellings. 2) 'Model Apartments (See Section 2.10 of this PUD Document). B. Accessory Uses: l) Customary accessory uses and structures including but not limited to private garages. 2) Utility facilities and easements. 3) Signage (see Section 6.11 of this document). 4) Water management facilities/lakes. 5) Project rental and administrative offices, which may occur in a residential or recreational building and/or in a temporary building until such time as permanent ~tructures are available. 3.4 DEVELOPIVIENT STANDARDS A. GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel, or PUD boundary lines, or between structures. Front yard setbacks shall only be measured from the PUD's frontage on Radio Road. B. MINIMUM LOT AREA: One Acre. C. AVERAGE PARCEL WIDTH: 100 feet. III-1 D. MINIMUM YARDS (Principal Structures): Front Yard: 30 feet plus I foot for each 2 feet of building height over 30 feet. Side Yard: 15 feet plus 1 foot for each 2 feet ofbuilding height over 30 feet. Kear Yard; 30 feet plus I foot for each 2 feet ofbuilding height over 30 feet. Minimum Distance Between Structures: 15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater. Lake Setbacks: All structures, both principal and accessory must maintain 20 feet from lake control elevations. E. MINIMUM YARDS (Accessory Structures): All accessory structures shall conform with principal structure yard requirements. Minimum Distance Between Accessory Structures: 10 feet, or one-half of the sum ot' the heights of adjacent buildings, measured from exterior walls, whichever is greater. Detached carports or garages may be no closer than 10 feet from the principal structures, and no greater separation is required for detached carports or garages. F. MINIMUM FLOOK AREA: 600 square feet. G. OFF-STKEET PARKING AND LOADING KEQUIKEMENTS As required by Division 2.3 oFthe Collier County Land Development Code in effect at the time of building permit application. H. MAXIMUM EIGHT: 35 feet. I. CjustEK DEVELOPMENT In the event a housing project (including infrastructure), is designed with a common architectural theme, the Collier County Development Services Director may permit variations from the previously listed residential development regulations. Prior to approval and subject to the provisions of Division 3.3 of' the Collier County Land Development Code, the Collier County Development Services Director shall insure · that the plans are appropriate for and compatible with the surrounding area, and the basic intent of the PUD standards are complied with. J. PHASE ONE AKCHITECTU1LAL ELEVATION So as to be consistent with Collier County R. esolution No.98-2, the architectural elevations for buildings in Phase One shall be consistent with the architectural elevations attached to this PUD Document as Exhibit "B", consisting of two pages. III-2 SECTION IV COMMONSXRECREATION AREAS 4.1 PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas depicting cornmons~'ecreation and open space opportunities on Exhibit "A". The primary function and purpose of these areas are to provide for access, project infi'astructure, and aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities considered non-binding. Except in areas to be used for water impoundmeat, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 4.2 USES PERMITTED No building or structure, or parZ thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Uses: 1) Structures which house social, recreational, project marketing, administrative, or security facilities. 2) Community maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation tanks and ponds, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 3) Utility, water management and access easements. 4) Lakes and water management facilities. 5) Conservation areas/mitigation areas. 6) Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. 7) Signage (see Section 6.10 ofthis document). 8) Open space uses and structures including, but not limited to nature trails, fitness trails and shelters, boardwalks, landscape nurseries, 8~ebos, and picnic areat 9) Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the commons areas. 10) Small docks, piers or other such facillties constructed for purposes of'lake recreation, For residents of the project. 11) Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. IV-I 12) Lake excavations as permitted by Division 3.5 of the Collier County Land Development Code. 13) Talecommunications facilities, including, but not limited to digital, fiberoptic, mlcrowave, satellite, UHF, VHF, FM, AM, Short-wave, and other sending and receiving facilities and structures, subject to applicable permitting, and written approval by the developer or master rental association. 4.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. B. Setbacks: 1) All Buildings: Front Yard: 20 f-,et, or where adjacent to lake 0 feet, measured from the lake control elevation. Side Yard: 10 feet, or where adjacent lake 0 feet, measured from the lake control elevation. Rear Yard: 10 feet, or where adjacent to lake 0 feet, measured from the lake control elevation. C. Structures adjacent to one another shall be separated by a minimum of 10 feet. D. Lightin~ facilities shall be arranged in a manner which will protect roadways and neighbOring properties from direct glare, or other interference. E. A Site Development Plan in compliance with Division 3.3 of the Collier County Land Development Code shall be required, except where commons/recreation facilities are reviewed and approved on Site Development Plans For residential development. F. Maximum Height: 35 feet, except telecommunications facilities and structures. G. Minimum Off-Street Parking And Loading: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. 4.4 BUFFER DEVELOPMENT REGULATIONS A. Buffer Types: 1) Land use buffers shall be easements, generally located along the project's perimeter, intended to protect residential land uses from possible impacts from adjacent off-site roadways and/or off-site land uses. Land use buffers may also be utilized within the project boundaries, at the discretion of the developer. Land use buffers may be landscape buffers and, or earthen berms and, or fences/walls. 2) Landscape buffer, existing native plant types may be utilized and, or; 3) Earthen herins and, 4) Fences/walls: 9 foot maximum height. IV-2 B. Buffer Development Standards: In addition to the development standards set ~'orzh below, the provisions of' Se,:tion 6. I 1 ofthls document shall also apply. 1) Land use buffers, betins, fences and walls may be constructed along the perlmetet of the Saddlebrook Village PUD boundary prior to Site Development Plan submittal. All such areas must be included in a landscape or buffer easement on Final Site Development Plans, or in a separate recorded instrument. 2) All other project property boundedel shall have land use buffer widths in compliance with Division 2.4 from Collier County's Land Development Code. 3) Except as provided for above, and in Section 6.1 ! o~' this document, buffer improvements shall be in con~'ormance with Division 2.4 From Collier County's Land Development Code. 4) Types and numbers of planrings for project perimeter land use buffers shall be submitted with Site Development Plan application(s). Plans shall depict how the perimeter !and use buffers will be irrigated. IV-3 TABLE II DEVELOPMENT STANDARDS DEVELOPMENT MULTI- COIvl3vlONS STANDARDS FAMILY RECREATION USES pRINCIPAL STP-UCTU~ MINIMI. J1vl LOT AREA I ACRE NOT APPLICABLE AVERAGE PARCEL WIDTH 100 FEET NOT APPLICABLE MIN. FLOOIt AREA 600 S.F. NOT APPLICABLE F'P, ONT YARD 30 FEET e 20 FEET2 SDE YARD 15 FEETJ 10 FEET2 REAR YARD 30 FEET* 10 FEET2 MIN.DIST. BETWEEN STRUCTURES 15 FEET4 10 FEET MAX. BLDG. HT. 35 FEET 3~ FEET~ ,ACCESSORY STRUCrURES FRONT S.P.S. 20 FEET~ SiDE S.P.S. I 0 FEET2 REAR S.P.S. 10 FEET2 MAX. BLDG. FIT. 35 FEET 35 FEETs S.P.S.: Same as Principal Str~ctures. IV-4 30 feet plus I foot for every 2 feet of building height over 30 feel. Where adjacent to a lake - none (0') measured from the lake control elevation, notwilhstanding requirements for lake maintermnce easements. 15 feel plus I foot for every 2 feet of building height over 30 feet. 15 f~t or one half the sum of the heights of adjacent buildings, measured from exterior wnlls, whichever is greater. Except t~iecommunications facilitie~ and structures. SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Preserve Area on Exhibit "A", PUD Master Plan. The primary function and purpose of these areas are to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state. S.2 USES PERMITTED No building or structure or pan thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, State and Federal permits, when required: A. Principal Uses: li Open spaces/Nature preserves. 2) Water management facilities. 3) 'Signage (see Section 5. 10 of this document). 4) Mitigation areas. 5) Hiking trails, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to appwpriate approval by permitting agencies. UPLAND AND WETLAND PRESERVES The Saddlebrook Village PUD Master Plan depicts two distinct preserve areas, "Upland Preserve", which is approximately 5 acres occurring along the northerly and westerly project boundaries, and "Welland Preserve", which is approximately 6 acres and occurs in the southeasterly portion of the project. These preserve area, totaling approximately I I acres, are the result of initial environmental perrnhting efforts, and are subject to change. Final configuration and acreage of these preserve areas will be identified on Final Site Development Plans submitted for each phase of the development. The buffering standards set forth in the Land Development Code, associated with preserve areas, shall only apply to the "Wetland Preserve" area. V-1 SECTION DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated othervAse, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and the regulations of the POD as adopted, and any other conditions or modifications as may be agreed to in the re. zoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a renter's association which may be created by the Developer. U on such an assignment or delegation, the Developer shall be released from responsibility ~or the commitments. 6.3 PUD MASTER DEVELOPMENT PLAN A. Exhibit "A", POD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phase such as the final platting or site development plan process. Subject to the provisions of Section 2.7.3.S of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance orall services and all common areas in the project. C. The Community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Saddlebrook Village POD Master Plan upon written request of the developer. l) The following limitations shall apply to such requests: a. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Saddlebrook Village PUD document. b. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1. of the Collier County Land Development Code. c. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. 2) The following shall be considered minor changes or refinements, sub.~ect to the limitations otr Subsection 6.3.C.1) of this document: a. Rcconfiguradon of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. b. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria or the South Florida Water Management District and Collier County. c. Internal realignment ordriveways. d. Modification of the County road access locations in a manner consistent with the Collier County Access Management Plan. e. Recon~guration or residential parcels when there is no proposed encroachment into Preserve Areas. 3) Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance wlth all applicable County Ordinances and regulations prior to the Adminlstrator's consideration for approval. 4) Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Ran approval, however, the Administrator, or his designee's approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all applicable County permits and approvals. 6,4 SCREDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. B. An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. IS.5 TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. A Batehouse/limited access facility shall be permitted within the project's main entrance Ireas, but shall not be located so as to impede traffic flow on Radio l~oad (C.K. 856), nor shall such facilities be located within the Radio Road Right-Of-Way. B. The Developer shall provide arterial level street lighting at the project entrance prior to issuance of the first "permanent" Certificate of Occupancy. C. Access improvements shall not be subject to impact fee credits and shall be in place before any "permanent" Certificates of Occupancy are issued. D. Future four-lanlng of Davis Boulevard (SR. 84) may require the Developer, its heirs or assigns, to provide revised access improvements to the project. Any such improvements shall be at the expense of the Developer, its heirs or assigns. Nothing in any development order shall serve to vest any right to · median opening. either full or directional, in this project, nor shall the County or the FDOT be liable for damages resulting from any such access consideration. E. The developer shall construct a five foot wide sidewalk which would commenc~ within the PUD boundary at the puking lot associated with the Phase Two Recreation Building in the project's southwest comer, and extend to the west within the Radio P, oad Right-Of-Way, and terminate at that segment of P, adio P, oad which is publicly maintained. 6.6 WATER MANAGEMENT AND ENGINEERING The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: A. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Engineering Review Services. B. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. C. A surface water management permit from the South Florida Water Management District will be required prior to approval of any Final Site Development Plans. D. The Developer shall pursue an agreement with Collier County and the South Florida Water Management District regarding the following issues: 1) To determine the adequacy ofoutfall to the noah; 2) The hydration of wetlands occurring offsite to the east will be via a three inch orifice set at the control elevation, as allowed by Collier County and permitted by the South Florida Water Management District; 3) To address future stormwater discharge from the project to the east, through Saddlebrook Village. All being subject to approval from Collier County and the South Florida Water Management District. UTILITIE9 The development of tile PUD Master Development Plan shall be subject to and governed by the following conditions: A. Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. C. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. D. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project boundaries consistent with the main size and the requirements specified in the project's Utility Master Plan, and extended throughout the project. During the design of these facilities, dud-end mains shall be ~nimized by Iooping the internal pipeline network, where fusible. The County recognizes there are environmental constraints that may prevent iooping. 6.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: 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 alone shall not be the sole component of mitigation for impacts, to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. C. Buffers shall be provided around wetlands, where possible, extending at least ill~een (15) feet landward f~om the edge of the wetland preserves in all places, and average twenty-five (25) feet fi'om the landward edge ofwetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff.. D. The petitioner shall comply with the guidelines and recommendations of the. U.S. Fish and Virddlife Service (USF&WS) and the Florida Game and Fresh Water Fish Commission CFGlqVFC) regarding potential impacts to "listed 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. 6.9 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site o~ce and model center. 6.10 SIGNS All signs shall be in accordance with Division 2.:5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval, with the following exceptions: A. Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia, or motto of the development, and shall not contain promotional or sales material. 2) Project identification signs shall not exceed sixty (60) square feet, excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. 3) No project identification signs shall exceed the height of 10 feet above the finished ground level of the sign site. 4) Project identification signs may be lighted, provided all lights are shielded in a manner which prevents glare on adjacent roadways, or into adjacent residences. B. Project Promotion Signs - Two ground or wall signs may be located on the project's frontage on Radio Road (C.R. 856 ), for the purpose of'promoting the development or any major use in the development, subject to the following requirements: 1) Any promotional signs shall not exceed 100 square feet, excluding mounting surfaces or structures. 2) No promotional sign shall exceed a height of 10 feei above the average finished ground level of the site. 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct glare on adjacent roadways, or into adjacent residences. 6.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Saddlebrook Village PUT), except in Preserve Areas. The following standards shall apply: A. Landscape betins shall have the maximum side slopes: I) Grassed betins 3:1 2) Ground covered herins 2:1 3) Rip-l~ap betins 1:1 4) Structural walled berms may be vertical B. Fence or wall maximum height: 9 feet, as measured ~'om the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall ia consZructed on a perimeter landscape herre. In these cases, the fence or wall shall not exceed 6 feet in height fi'om the top of berm elevation with an average side slope of greater than 4:1 (i.e. 3:1, 2:1, I:1, or vertical). C. Pedestrian sidewalks, bike paths, water management facilities and structures may be allowed in landscape buffer areas. 6,12 LANDSCAPING FOR OFF-STREET PARKING AREAS Except where !;rovided for elsewhere in this document, all landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 6.13 POLLING I'LACE~ Pursuant to Section 2.6.30 of the Land Development Code, provision 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. An Agreement between the developer and the Supervisor of Elections for the provision of polling places shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowner's associations. 6.14 AFFORDABLE HOUSING AGREEMENT The Saddlebrook V'dlage project shall be operated in accordance with the terms of the executed Agreement Authorizing Affordable Housing Density Bonus And Imposing Covenants And Restrictions On Real Property, adopted by the Board of County Commissioners on December 9, 1997. SADDLEBROOK VILLAGE PUD MASTER PLAN LANO USE TABLE X ~E ~0 [ ~E ONE A ~ -:::.:.:.:.:... ~'- _ ~ ~ . -- PELICAN POIN'i'fi! ~ L ~ % N~, FLORID,,& "' ~,LDG II - FtRONT ELEv'ATIOt~I~ STAT~ 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. 98-16 Which was adopted by the Board of County Commissioners on the 10th day of March, 1998 during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 11th day of March, 1998. DWIGHT E. BROCK Clerk of Courts and C~ '.," Ex-officio to Board ~ ,~~ }~.~ County CommissionerS. '.~ ;~. ~y: /s/Judy ~kel ~' ':~.-"~',~ ~"'."-~ Deputy CI~j~" "'