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Ordinance 99-41 Om:, CE ,O. 99- THE COLLIER CO~TY L~ DEVELOPMEE CODE ~ICH ~CL~ES THE CO~HENSIVE ZO~G ~GIATIONS FOR THE ~CO~O~TED ~A OF COLLIER CO~TY, FLORA BY ~E~G THE OFFIC~ ZO~G ATLAS M~ ~BER 851112; BY CH~G~G T~ ZO~G CLASS~ICATION OF THE HE~ DESC~ED ~ PROPERTY FROM "A" R~ AG~C~T~ ~TH "ST" OVE~AYS ~ "P~" PLIED ~T DEVELOPMENT (D~EL LIV~GSTON RO~ GOLF ~ CO~TRY CL~) TO "P~" PLOD ~T DEVELOPMEE TO BE ~O~ AS MEDITE~ P~ FOR A M~I~ OF 750 S~GLE ~TI-F~LY D~LL~G ~TS, ~LF COPSE ~ A VILLAGE CENTER OF 60,000 SQU~ FEET CONT~G eLF COPSE ~LATED L~ USES, P~LIC ~~ST~TION FACILITIES ~ A GE~~ STO~; FOR PROPERTY LOCATED ~ST OF 1-75 ~ONG THE LIV~GSTON RO~ EAST~ST CONDOR ~ SECTIONS 11 ~ 12, TO~SHIP 48 SOUTH, ~GE 25 EAST, COLLIER CO~TY, FLORA, CONSIST~G OF 943~ AC~S; BY PROVID~G FOR THE ~PE~ OF O~~CES ~BE~D 90-49 ~ 92-31, THE FOYER D~EL P~ A~ THE FOYER LIV~GSTON RO~ CO~TRY CL~ P~; ~ BY PROVID~G EFFECTWE DATE. WHEREAS, Alan D. Reynolds, AICP, of Wilson, Miller, Barton and Peek, Inc., representing Long Bay Partners, LLC, 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 Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agriculture with ST overlay and "PUD" Planned Unit Development to "PUD" Planned Unit Development in accordance with the Mediterra PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 851112, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinances Numbered 90-49 and 92-31, as mended, known as the Dynabel PUD and the Livingston Road Country Club PUD, adopted on June 6, 1990 and May 12, 1992, respectively, by the Board of County Commissioners of Collier County, are hereby repealed in their entirety. f PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~4~ day of ~ ,1999. BOARD OF COUNTY COMMISSIONERS %g,,a,tH,r.t:iinly" This ordinonce filed with Apprbv~d'aS to Form Secretary of Siote's Office th~ ;iling recei Marjort~'M. ~mdent Assistant County Attorney l~admin/sue/PUD-99-05<> ORDINANCE/ -2- MEDITERRA A PLANNED UNIT DEVELOPMENT Approximately 943:t: Acres Sections 11 and 12 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: Long Bay Partners, LLC 3451 Bonita Bay Boulevard, Suite 202 Bonita Springs, FL 34134 PREPARED BY: WilsonMiller, Inc. 3200 Bailey Lane, Suite 200 Naples, Florida 34105 EXHIBIT A DATE FILED 2/17/99 DATE APPROVED BY CCPC ~/~0/99 DATE APPROVED BY BCC ORDINANCE NUMBER '~'~', F/ 6/4/99-~i2046 Vet: 0614dc~kJM 02934.007,001-~SBM-22959 TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I GENERAL DESCRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICT 3-1 SECTION IV VILLAGE CENTER 4-1 SECTION V RECREATION and OPEN SPACE DISTRICT 5-1 SECTION VI PRESERVE DISTRICT 6-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7-1 SECTION VIII CROSS JURISDICTIONAL PROVISIONS 8-1 EXHIBIT A LOCATION MAP EXHIBIT B MEDITERRA MASTER PLAN (Collier County) (WilsonMiller File No. D-2934-54) EXHIBIT C MEDITERRA MASTER PLAN (Collier County and Lee County) (WilsonMiller File No. D-2934-66) EXHIBIT D MEDITERRA RIGHT-OF-WAY TYPICAL SECTIONS 6/4~9-52046 Vet 061-Akaldal 02934Or/~OI-ESBM-22959 ii STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of Long Bay Parmers, LLC, hereinafter referred to as LBP, to create a Planned Unit Development (PUD) on 9434. acres of land located in Sections 11 and 12, Township 48 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Mediterra. The development of Mediterra will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1.1 The subject property is within the Urban Mixed Use Residential District as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to accommodate the majority of population growth in an area with relatively few natural resource constraints and where existing and planned public facilities are concentrated. 1.2 The Growth Management Plan qualifies the subject property for maximum density of four units per acre. The proposed residential density for the Collier County portion of Mediterra is 0.8 units per acre, which is less than the maximum allowable density, and therefore is consistent with and complies with the FLUE Density Rating System. 1.3 The commercial uses within the Village Center District are consistent with the adopted EAR based amendments to the FLUE, but cannot be developed until the ordinance adopting the EAR based amendments addressing the proposed Village Center commercial uses becomes effective. 1.4 Mediterra is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 1.5 Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 1.6 The development of Mediterra will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the FLUE. 1.7 Mediterra is a large scale functionally interrelated community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. SHORT TITLE This ordinance shall be known and cited as the "MEDITERRA PLANNED UNIT DEVELOPMENT ORDINANCE". 6/4/99-~2046 Vo: 061-AJcaJd~ 02934-41074101 -ESBM-229~9 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Mediterra, and to describe the existing condition of the property proposed to be developed. Mediterra is located within Lee and Collier Counties, however the PUD jurisdiction applies only to the property located in Collier County. 1.2 LEGAL DESCRIPTION - The north half (N¼) of the west half (W~) of the west half (W~) of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 80.57 acres more or less. and; North ~ of the north ~ of the northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; North ~ of the south ~ of the northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10.09 acres more or less. and; The south t/2 of the north ¼ of the northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 10.09 acres more or less. and; The south ~A of the south ¼ of the northwest ¼ of the southwest ¼ of Section 11, Township 48 South, Range 25 East, saving and reserving the west 50 feet thereof for roadway purposes for ingress and egress of grantors and grantees and adjacent property owners. Containing 10.09 acres more or less. and; The Southeast ¼ of the Southwest ¼, less the South 30 feet thereof, of Section 11, Township 48 South, Range 25 East, Collier County, Florida. and; 6/4/99-~2046 V=r: 061-AJenklm 02934-O074101-P_,SBM-22959 1-2 The Southeast ¼ of the Northwest ¼; The Southwest ¼ of the Northeast ¼; The Northwest ¼ of the Southeast ¼; and the Northeast ¼ of the Southwest ¼; Less the North ~A of the Southwest ¼ of the Northeast ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 195 acres more or less. and; The North ~ of the Southwest ¼, of the Northeast ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 5 acres more or less. and; The Northeast ¼ of the Northwest ¼ and the Northwest ¼ of the Northeast ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida. Containing 80.40 Acres more or less. and; A parcel of land located in Sections 11, 12 and 13, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Beginning at the southeast comer of the southwest ¼ of Section 12, Township 48 South, Range 25 East, Collier County Florida; thence run North 00°52'07'' West along the east line of said southwest ¼ of Section 12, for a distance of 2631.75 feet to the center of said Section 12; thence continue North 00°52'07'' West along the east line of the southeast ¼ of the northwest ¼ of said Section 12, for a distance of 1316.77 feet to the northeast comer of the southeast ¼ of the northwest ¼ of said Section 12; thence mn South 88o54'06" West along the south line oft he southeast ¼ of the noaheast ¼ of the northwest ¼ of said Section 12, for a distance of 662.28 feet to the southwest comer of the southeast ¼ of the noaheast ¼ of the noahwest ¼ of said Section 12; thence run North 00°50'22'' West along the west line of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12, for a distance of 658.71 feet to the northwest comer of the southeast ¼ of the northeast ¼ of the northwest ¼ of said Section 12; thence run Noah 88°55 '45" East along the noah line of the southeast ¼ of the noaheast ¼ of the northwest ¼ of said Section 12, for a distance of 661.95 feet to the noaheast comer of the southeast ¼ of the northeast ¼ of the noahwest ¼ of said Section 12; thence run Noah 00°52'07'' West along the east line of the northwest ¼ of said Section 12, for a distance of 658.39 feet to the northeast comer of the noahwest ¼ of said Section 12; thence run South 88057'20" West along the north line of the northwest ¼ of said Section 12, for a distance of 2646.45 feet to the northwest comer of the northwest ¼ of said Section 12; thence run South 00°45'07'' East along the west line of the noahwest ¼ of said Section 12, for a distance of 1319.36 feet to the northeast comer of the southeast ¼ of the northeast ¼ of Section 11, Township 48 South, Range 25 East; 6/4/99-~20,16 Vet: 06f-,~Jc~,ln~ 0293441074101-ESBM-22919 1-3 thence run South 88o54'42'' West along the north line of the southeast ¼ of the northeast ¼ of said Section 11, for a distance of 1325.63 feet to the northwest comer of the southeast ¼ of the northeast ¼ of said Section 11; thence run South 00045'23" East along the west line of the southeast ¼ of the northeast ¼ of said Section 11, for a distance of 1320.39 feet to the southwest comer of the southeast ¼ of the northeast ¼ of said Section 11; thence run South 0°45'04'' East along the west line of the northeast ¼ of the southeast ¼ of said Section 11, for a distance of 1321.73 feet to the southwest comer of the northeast ¼ of the southeast ¼ of said Section 11; thence nm South 88046'37" West along the north line of the southwest ¼ of the southeast ¼ of said Section 11, for a distance of 1325.33 feet to the northwest comer of the southwest ¼ of the southeast ¼ of said Section 11; thence run South 00°45 '39" East along the west line of the southwest ¼ of the southeast ¼ of said Section 11, for a distance of 1323.80 feet to the southwest comer of the southeast ¼ of said Section 11; thence run North 88°41'15" East along the south line of the southeast ¼ of said Section 11, for a distance of 2650.25 feet to the northwest comer of Section 13, Township 48 South, Range 25 East; thence run South 00°43 '28" East along the west line of the northwest ¼ of said Section 13, for a distance of 675.60 feet to the southwest comer of the noahwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence run North 88°38'13" East along the south line of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13, for a distance of 664.12 feet to the southeast comer of the northwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13; thence run North 00°41 '49" West along the east line of the noahwest ¼ of the northwest ¼ of the northwest ¼ of said Section 13, for a distance of 675.07 feet to the northeast comer of the northwest ¼ of the northwest ¼ of the noahwest ¼ of said Section 13; thence run North 88°41 '00" East along the south line of the southwest ¼ of Section 12, Township 48 South, Range 25 East, for a distance of 1993.31 feet to the Point of Beginning. Less and excepting therefrom the Northwest ¼ of the Northwest ¼ of the Northwest ¼ of said Section 13. Containing 472 acres more or less. and; " The Northeast ¼ of the Northeast ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida, O.R. Book 2211, page 606 Containing 40 acres more or less. and; The North ~ of the North ~A of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. and; 6/4/99-51046 V~: 061-AJ~dn~ 02934-O074)OI-ESBM-229~9 1-4 The South ~ of the North t~ of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. and; The North ~ of the South ~ of the Southwest ¼ of the Southwest ¼ of Section 11, Township 48 South, Range 25 East, Collier County, Florida Containing 10 acres more or less. 13 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership of, or contract with LBP, or their assigns, whose address is 3451 Bonita Bay Boulevard, Suite 202, Bonita Springs, FL 34134. 1.4 GENERAL DESCRIPTION OF PROPERTY A. Mediterra is an in-fill project to be developed on 1,435 acres located west ofi-75 in north Collier County and south Lee County. Approximately 943+ acres of the project are in Collier County and the remaining acres are in Lee County. The PUD jurisdiction applies only to the property located in Collier County. B. The Collier County project site is located in Sections 11 and 12, Township 48 South, Range 25 East, and is generally bordered on the west by Industrial and Residential zoned property and Old US 41; on the north by Lee County Agricultural zoned property; on the east by Agricultural zoned property; and on the south, by RSF-3 (Imperial Golf Estates) zoned property and Agricultural zoned property. The location of the site is shown on Exhibit "A". C. The zoning classification of the subject property at the time of PUD application is Agricultural with ST overlay and PUD. D. Elevations within the site vary from approximately 11 to 14 feet-NGVD. The project is located outside the 100-year floodplain. Specifically, the Project is located within Zone X of the FEMA Flood Insurance Rate Map (panel numbers 120067 0185D, 0191D, and 0195D, dated June 3, 1986). E. According to the Collier County Soil Survey prepared by NRCS, 14 soil units are present on the project site. These units, all of which are common to Collier County and southwest Florida, include the following: Malabar fine sand; Riviera-limestone substratum/Copeland fine sand; Immokalee fine sand; Hallandale fine sand; Pineda fine sand-limestone substratum; Basinger fine sand; Riviera fine sand-limestone substratum; Boca free sand; Boca/Riviera-limestone substratum/Copeland free sand, 6/4/~-52046 Vcf:. 061-AJmldns 02934,.QO'7~OI-F, SBM-22959 1-5 depressional; Holopaw fine sand; Urban land-Holopaw/Basinger complex; Satellite fine sand; Urban land-Satellite complex; and Hallandale/Boca fine sand. Vegetation on site primarily consists of pine flatwoods with palmetto subcanopy, pine fiatwoods with graminoid subcanopy, cypress-pine-cabbage palm, melaleuca, fallow agricultural land, and other open agricultural lands. Exotic vegetation (i.e., Brazilian pepper and melaleuca) has invaded most habitat types. The levels of infestation of melaleuca and Brazilian pepper have increased significantly since the original site mapping. Many of the wet prairies, pine fiatwoods, pine graminoid and pine-cypress-cabbage palms habitats have been heavily invaded by melaleuca and/or Brazilian pepper. A detailed vegetative inventory and FLUCCS map is included. F. The Project is located within the Cocohatchee River Basin (Class II) as depicted within the Collier County Drainage Atlas (June 1998). 1.5 DEVELOPMENT OF REGIONAL IMPACT LBP has received a Binding Letter of Interpretation of DRI status from the Florida Department of Community Affairs (DCA) determining that the project is not a DRI and will result in no regionally significant impacts. At the time the binding letter was received, the project was known as Toulon. 1.6 DENSITY A. Mediterra is to be developed on 1,435 acres in north Collier County and south Lee County. The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The gross project density, therefore, will be a maximum of 0.65 units per acre. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. B. At all times all property included within Mediterra as described in Section 1.2 shall be included in determining the Collier County project area density. 6/4,~99...S2046 Vet: 06bKlmkins 02934410~-O01-F..SBM-22959 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Mediterra, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Mediterra, a private golf course community, will include a range of single family and multi-family housing along with a Village Center, which will provide many services and facilities that support its residents, including, but not limited to club facilities, community meeting rooms, small scale neighborhood retail goods and services, and a recreation and aquatic center. B. The Master Plan is iljustrated graphically on Exhibit "B" (WMB&P, Inc. File No. D-2934-54). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7.2, of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Mediterra shall be in accordance with the contents of this PUD Ordinance, and to the extent they are not inconsistent with this PUD Ordinance, applicable sections of the LDC and Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC, and the Developers Contribution Agreement dated February 17, 1998, as amended, with respect to road impact fee credits and the vesting of Certificates of Public Facilities Adequacy. 2-2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein are part of the regulations which govem the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Mediterra, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. H. For purposes of the various impact fee ordinances, residential uses, other than the conventional single family detached dwellings, shall be classified as either multi- family or condominlum/townhouse in accord with definitions of the applicable impact fee ordinance. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. LBP may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. Such a CDD would constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as would be constructed, managed and financed by such a CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Mediterra. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate altemative available both to the County and to the landowner for the timely and sustained provision of quality inlhstmcture under the terms and conditions of County development approval. 2.5 ROADWAYS Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. LBP reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. LBP retains the right to establish gates, guardhouses, other access controls, signs and monuments 6/4/99-5104~ V~r. 061-AJ~nkln~ 2-3 as may be deemed appropriate by LBP on all privately owned and maintained project roadways. A. Roadways within Mediterra shall be designed and constructed in accordance with Section 3.2.8.4.16. of the LDC with the following substitutions: 1. LDC Section 3.2.8.4.16.5. - Street fight-of-way width: The minimum fight- of-way width to be utilized for a local street within Mediterra shall be forty (40) feet. 2. LDC Section 3.2.8.4.16.8. - Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 3. LDC Section 3.2.8.4.16.10. - Reverse Curves: Tangents shall not be required between reverse curves on any project streets. 4. LDC Section 3.2.8.4.16.6. - Cul-de-sac radius: The minimum fight-of-way radius to be utilized shall be fifty-five (55) feet. B. Sidewalks/bike paths shall conform with Section 3.2.8.3.17. of the LDC except as follows: 1. LDC Section 3.2.8.3.17.2. - The Mediterra loop road shall be considered a minor collector street and shall have an eight feet (8') wide pathway on one side of the street that will meander in and out of the fight of way. 2. LDC Section 3.2.8.3.17.2. - Both project entrance streets shall require a sidewalk or bikepath on one side of the street. 3. LDC Section 3.2.8.3.17.3. - All cul-de-sacs shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a) the fight-of-way section shall include two ten foot (10') wide travel lanes, with two foot (2') mountable curbs, and b) the gross density of the cul-de-sac shall be less than two (2) units per acre. 2.6 LAKE SETBACK AND EXCAVATION A. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. The minimum lake setbacks from lakes to roadways shall be 20 feet from the back of the non-mountable (barrier) curb to the edge of water. Upon approval by the Community Development and Environmental Services Administrator, equal substitutes to non-mountable 2-4 (barrier) curb will be allowed. The minimum lake setback from lakes to the Project boundary shall be 20 feet. B. Upon receipt of a development excavation permit, 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 and rock from Mediterra shall be administratively permitted in an amount up to 10 percent per lake (20,000 cubic yards maximum), unless a commercial excavation permit is issued. C. Excavation for Livingston Road construction north of Immokalee Road and off- site hauling of rock and fill materials shall be a permitted use within this PUD subject to the receipt ~of a development excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. D. Commercial excavation and offsite hauling of up to 500,000 cubic yards of rock and fill materials shall be a permitted use within this PUD subject to the receipt of a commercial excavation permit which shall be administratively processed by the Community Development and Environmental Services Administrator. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by LBP and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS/CONSTRUCTION OFFICES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate including, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Mediterra. These uses may be either wet or dry facilities. These uses shall be subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the LDC, with the exception that five (5) dry models shall be allowed within each development tract, and the temporary use permit shall be valid through the buildout of the project with no extension of the temporary use required. These uses 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. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein 6/4t99-52046 VOW. 06]-AJenkl~ 02934OY/.0OI*ESBM-22959 2-5 may be made by LBP in connection with any type of development or permit application required by the LDC. The Community Development and Environmental Services Administrator shall be authorized to approve minor changes and refinements to the Mediterra Master Plan upon written request of LBP. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Mediterra PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. 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 conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: 1. Recon~guration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Intemal realignment of fights-of-ways, other than a relocation of access points to the PUD itself, where water management facility, preservation areas, or required easements are not adversely affected or otherwise provided for. 3. Recon~guration of parcels when there is no encroachment into the conservation area. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Community Development and Environmental Services Administrator' s consideration for approval. D. Approval by the Community Development and Environmental Services Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 6/4/99-S2046 Vex:. 061-hlc~tln~ 02934~07~01 -E~BM-229~9 2-6 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a CDD or a Property Owners' Association. A CDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by a CDD, LBP shall create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. A CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water management systems and preserves serving Mediterra, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable pm'mits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berrns, fences and walls are generally permitted as a principal use throughout Mediterra. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 3: 1 2. Ground covered berms 2:1 3. Rip-Rap berms 1: 1 4. Structural walled berms - vertical B. Fence or wall maximum height: Ten feet (10'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscape berm that is higher than the nearest residential structure, the wall shall not exceed eight feet (8') in height from the top of berm elevation. C. Upon submission of a typical cross-section, aerial, plan view and vegetation removal permit application, the Community Development and Environmental Services Department Administrator may approve landscape buffers, berms, fences and walls to be constructed along the perimeter of the Mediterra PUD boundary prior to preliminary subdivision plat and site development plan submittal. Subsequent to construction, all such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instrument. D. Fences or walls may be placed zero feet (0') from intemal right-of-way provided that shrubs are provided in the right-of-way pursuant to Section 2.7 and may be located five feet (5') from project perimeter. E. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be .subject to the height limitations for 2-7 principal residential structures. In the case of access control structures within rights- of-way adjoining two or more different districts, the more restrictive height standard shall apply. F. Pedestrianl sidewalks and/or bike paths, water management systems, drainage structures, signs and utilities are allowed in landscape buffers/easements as approved by the Mediterra Design Review Team. G. Landscape berms located within the Mediterra PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-way line. H. Internal recreational and community facilities do not require perimeter buffers. 2.12 CLEARING AND FILL STORAGE Fill storage is generally permitted as a principal use throughout Mediterra. Fill material may be transported and stockpiled within areas which have been disturbed/farmed or are shown as development areas on an approved PSP. Prior to stockpiling in these locations, LBP shall provide written notification to the Community Development and Environmental Services Administrator. Residential areas 25 acres or less (including building footprints) shall be allowed to be cleared prior to the issuance of the building permits, provided the areas to be cleared are shown on an approved subdivision construction plan or SDP. The following standards shall apply for all stockpiling on-site: A. Stockpile maximum height: forty-five feet (45') B. Stockpile maximum slide slopes: 2:1 C. Fill storage areas in excess of ten feet (10') in height shall be separated from developed areas by fencing, excavated water bodies or other physical barriers if the side slope of the stockpile is steeper than 4 to I (i.e. 3 to 1). D. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.2.3. B. Mediterra is planned as a private, functionally interrelated community under unified control. LBP has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, 6/4/99-~2046 Va':. (M.t-Menkins 02934..Q07,4)(31-ESBM*22959 2-8 which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, sidewalks, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. To further ensure that the Mediterra design guidelines and standards are complied with, no SDP or PSP may be submitted or approved without the Mediterra Design Review approval. 2.14 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.15 AGRICULTURAL ACTIVITIES The site is currently undeveloped or used for agriculture or cattle grazing purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Mediterra PUD except in the Wetland Conservation Area. General permitted uses are those uses which generally serve LBP and residents of Mediterra and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. 2. Water management facilities and related structures.' 3. Temporary sewage treatment facilities. 4. Septic system for remote golf shelters 5. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 6. Guardhouses, gatehouses, and access control structures. 7. Community and neighborhood parks, trails and recreational facilities. 8. Temporary construction, sales, and administrative offices for LBP and LBP's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 6/4/99-$2046 V~+': O61-AJemldns 02934-O07-O01-ESBM-22959 2-9 9. Landscape/hardscape features including, but not limited to, landscape buffers, berms, fences, water features and walls subject to the standards set forth in Section 2.11 of this PUD. 10. Fill storage, site filling and grading are subject to the standards set forth in Section 2.12 of this PUD. 11. Any other use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Guardhouses, gatehouses, signage and landscape features, and access control structures shall have no required setback. 2. Setback from property lines: Front: ten feet (10') Side: five feet (5 ') Rear: ten feet (10') 3. Minimum distance between structures which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - thirty-five feet (3 5'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks and bikepaths may occur within County required buffers. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra development standards, are to be in accordance with the LDC provision in effect at the time this PUD is approved. 6/4/99-$2046 Ve~ 061-Aledfina 01934-007-001-~811M-11919 2-10 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 644 acres included in the preserve area, lakes, recreation, open space, golf and buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Section 2.6.32 of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS The preserve areas on site shall satisfy the requirements of Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan. There may be some minor adjustments to the proposed preserve areas during SFWMD permitting. 2.19 SIGNAGE A. GENERAL 1. All Collier County sign regulations in force at the time of approval shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Should any of the signs be requested to be placed within a County dedicated fight-of-way, a right-of way permit must be applied for and approved. 4. All signs shall be located so as not to cause sight line obstructions. 5. All intemal project fights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. 6. Signs may be allowed in landscape buffers/easements with the approval of the Mediterra Design Review Team. B. BOUNDARY MARKERS 1. One boundary marker or monument may be located at each property comer. The boundary marker may contain the name of the community, and the insignia or motto of the development. 2-11 2. The sign face area may not exceed 80 square feet and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. 3. Sign face area is calculated by total square footage of name, insignia, and motto only. 4. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. C. PROJECT ENTRANCE SIGNS 1. Three ground or wall-mounted entrance signs maybe located at on both sides of the entrance right-of-way and in the entry median. Such signs may contain the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 100 square feet and the total sign face area of Entrance Signs may not exceed 200 square feet. If the sign is a single, two-sided sign, each sign face may not extend beyond 100 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. 4. Entrance signs may not exceed a height of 20 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unless the wall or monument is constructed on a perimeter landscape berm. D. TEMPORARY SIGNS 1. Temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2. Each sign may not exceed 160 square feet in area. If the sign is two-sided, each sign face may not exceed 160 square feet in area. 3. The setback for temporary signs from Livingston Road rights-of-way and any perimeter property line shall be 5 feet. 6~,~-52046 V~r. 061-AJni~n~ 02934-00~-001~.5BM-22959 2-12 4. Temporary signs may not exceed 20 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 99% build-out. 6. Special event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or programs or any charitable, educational event. Such sign shall be located no closer than 10 feet to any property line. Such signs may be displayed on light poles. 7. Grand opening signs: LBP may display on-site grand opening signs not exceeding 32 square feet total. 8. No building permit is required for temporary signs as listed above. E. CONSTRUCTION ENTRANCE SIGNS 1. Two "construction ahead" signs may be located at appropriate distances ahead of a construction entrance, with a maximum of 20 square feet each in size. No building permit is required. 2. One sign, with a maximum of 20 square feet in size, may be located at each construction entrance to identify the entrance as such. No building permit is required. F. INTERNAL SIGNS 1. Residential and community facilities entrance signs may be located on both sides of the neighborhood entrance street and within the entry median. Setbacks from internal road right-of-way may be zero feet (0'). Such signs may be used to identify the location of neighborhoods, club house, recreational areas and other features within Mediterra. Individual signs may be a maximum of 100 square feet per sign face area. Such signs may have a maximum height of 12 feet. No building permit is required. 2. Directional or identification signs may be allowed imemal to the subdivision. Such signs may be used to identify the location or direction of approved uses such as sales centers, model centers, recreational uses, information centers, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet. 6/4/99-52046 Vet: 061-.~Jentlns 029~4~07-001-F.$~M-22959 2-13 3. LBP may have real estate signs with a maximum size of 6 square feet per side in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", etc. No building permit is required. G. TRAFFIC SIGNS 1. Traffic signs such as street signs, stop signs, and speed limit signs may be designed to reflect a common architectural theme. 3-1 SECTION Ill RESIDENTIAL DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R." 3.2 MAXIMUM DWELLING UNITS The number of dwelling units authorized to be built pursuant to the DCA's binding letter, dated February 5, 1999, is 950 units. The number of dwelling units to be built in Collier County pursuant to this PUD will not exceed 750. 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, recreational facilities and other similar uses found in residential areas. 3.4 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: A. Principal Uses: 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 3. Single Family Attached Dwellings 4. Multi-Family Dwellings 5. Guest Houses 6/4/99-~2046 V~.. 061-AJ~nklM O2934-O074101-F. SBM-21959 3-2 6. Any other principal use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the "R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district including neighborhood community recreational facilities. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Residential District. B. Site development standards for single family uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Mediterra design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan approval or Preliminary Subdivision Plat approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, 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. E. Required property development regulations may be approved that are different than those set forth in Table I, subject to approval by the Collier County Planning Commission, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. F. The Collier County Public Works Division shall allow the installation of potable water and irrigation water service connections to distribution mains during construction of the single family subdivision utilities. The installation will be scheduled upon request and payment of fees by LBP, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, 3-3 current policies and procedures, and performed by LBP's contractor. The contractor must be approved for the installation by the Collier County Public Works Division. Fees will be determined in accordance with the impact fee ordinance in effect at the time of the request for connections. rg, l~99-5~4~ Vet. e61-AJ~Mdns 02934-~0'~-O01*P,~BM-:]29:59 3-4 TABLE I MEDITERRA DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE FAMILY PATIO & ZERO TWO FAMILY SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX & ATTACHED AND DWELLINGS DUPLEX TOWNHOUSE Minimum Lot Ar~a .7,S00 SF ~,000 S.F... 3,500 SF '4 3,000 S.F . NA Minimum Lot Width '5 75 50 35 30 NA Front Yard Setback (Principal and Accessory) 20 20* 3 ! 2/20 * 3 12/20* 3 20 Front Yard for Side Entry Garage 12 12 12 12 12 Rear Yard Setback (Principal) 10 5 10 10 .5 BH Rear Yard Setback* 1 (Accessory) 5 5 5 5 10 Side Yard Setback 7.5 0*6 0 or 7.5 0 or .5 BH .5 BH Maximum Height '2 40 35 35 35 50 Floor Area Minimum (SF) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF Distance Between Principal Structures 15 10 0 or 15 .5 SBH .5 SBH B__H: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all patio or zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the ~pplication for the tirst building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Any structure more than two stories in height will maintain a 20 foot minimum building separation. Guest houses shall meet the applicable principal structure setbacks. Flag lot shall have no minimum lot width but will meet lot area requirements Project walls shall be allowed within 1 foot of the right-of-way line. With approval from LBP, front yards shall be measured as follows: A. If the parcel is served by n public right-of-way, setback is measured from the adjacent right-of-way line. B. If the parcel is served by n private road, sethack is measured from the back of curb (if curbed) or edge of pavement (if not curbed). · 1 - Setback from lake for all accessory uses may be 0 feet providing architectural bank treatment is incorporated into design and subject to written approval from LBP Design Review Committee and Project Plan Review. '2 - Building height shall be the vertical distance measured from the tirst habitable finished floor elevation to the uppermost finished ceiling elevation of the slructure. · 3 - Units with side entry garage may have a 12 foot front yard setback, Units with front enlry garage must have a minimum 20 foot front yard setback. · 4 - Each half of n duplex unit requires a lot area allocation of 3,500 S.F. for a total minimum lot area of 7,000 S.F. · 5- Minimum lot width may be reduced by 20% for cubde-sac lots provided minimum lot area requirement is still maintained. '6 - Zero feet (0') minimum side setback on either or both sides as long as a minimum 10 foot separation between principal slructures is maintained. Patios, pools and screen enclosures may encroach into the 10 foot principal structure separntion and may attach to the adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used a conceptual exhibit showing typical building configurations for patio or zero lot line units shall be submitted to the Customer Services Department with the application for the tirst building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures. The conceptual exhibit may be modified as needed. 4-1 SECTION IV VILLAGE CENTER 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "Village Center." Commercial uses cannot be developed until the EAR based amendment ordinance addressing the Village Center uses becomes legally effective. 4.2 MAXIMUM SQUARE FOOTAGE A maximum of 60,000 square feet floor area, including clubhouse facilities, general store, education/enrichment center and recreational uses may be constructed on lands designated "Village Center." 4.3 GENERAL DESCRIPTION The approximate acreage of the Village Center district is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Village Center tract is designed to accommodate intemal roadways, open spaces, lakes and water management facilities, and other similar uses. 4.4 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: A. Permitted Principal Uses and Structures: 1. Golf courses, golf clubhouses, and golf facilities. 2. General store with convenience goods and deli. 3. Tennis, health and fitness, swimming and other recreational clubs. 4. Project information and sales centers. 5. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 4-2 6. Public administration facilities. 7. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 8. Temporary construction access roads. 9. Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the Village Center district. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Customary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and play fields. 3. Any other accessory use which is comparable in nature with the foregoing uses and which the Community Development and Environmental Services Administrator determines to be compatible in the Village Center district. 4.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Principal Structure - Twenty feet (20') minimum or one-half the building height, whichever is greater. Accessory structure - Ten feet (10'). 2. Side Yard: Principal Structure - Fifteen feet (15'). Accessory structure - Five feet (5'). 3. Rear Yard: Principal Structure - Twenty feet (20'). Accessory structure '- Five feet (5 '). 4. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50'), except clock towers or similar architectural features, which shall be permitted up to sixty-five feet (65 '). 4-3 D. Minimum distance between all other principal structures - Fifteen feet (15'). E. Minimum distance between all other accessory structures - Ten feet (10'). F. Minimum floor area - None required G. Minimum lot or parcel area - None required H. Minimum lot width - None required I. Parking for any and all uses and structures constructed in the Village Center District: one (1) space per 200 square feet of building area. J. Standards for landscaping and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 6/4/99-52046 Vet. 061-Almldna 02914-0070) I-E~BM-22919 5-1 SECTION V RECREATION AND OPEN SPACE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Mediterra designated on the Master Plan as "R/O". 5.2 GENERAL DESCRIPTION Areas designated as "R/O" on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 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: A. Permitted Principal Uses and Structures 1. Golf courses, golf clubhouses, and golf facilities. 2. Tennis, health and fitness, swimming and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, septic systems, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities. 6. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, canoe docks, fishing piers, picnic areas, fitness trails and shelters. 7. Temporary construction access roads. 8. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" District. 6/4/9~-52046 Vet:. 061-Almki~ 029144107-001-E,~!IM-229~I9 5-2 B. Permitted Uses And Structures Within Archaeological Site 1. Opens space uses and structures such as, but not limited to, nature trails, bicycle trails, gazebos, picnic areas, fitness trails, shelters, playground equipment and associated playground areas, landscaped areas, irrigation pipes, volleybail courts, rest shelters, and drinking fountains. Any uses and structures permitted shall not disturb areas beneath the existing soil surface and a minimum of 6 inches of clean fill dirt shall be placed over the area except in places where the area will be lef~ in its natural state or will be landscaped. A certified archaeologist shall be present on site to monitor any excavation for irrigation pipes and landscaping. 2. Any other uses and structures which are comparable in nature with the foregoing and which the Development Services Director determines to be compatible. C. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve the residents of Mediterra and their guests. 5. Telecommunications facilities. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R/O" and Miscellaneous Open Space/Buffer District. 5.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum often feet (10') from "R/O" district boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half(¼) the height of the structure. B. Accessory structures shall set back a minimum of five feet (5') from "R/O" district boundaries and private roads, and twenty feet (20') from all PUD boundaries and 6/4/99-3/046 Ve~. 06l-Alenktm 02934-O0'7~OI-ESBM-l1959 5-3 residential tracts, except where the PUD abuts a public right of way, in which case the setback shall be one half (~) the height of the structure. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures - Sixty-five feet (65'). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - Fifteen feet (15'). G. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. J. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, excluding cart storage areas, which shall be considered inclusive of required golf course parking K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within Mediterra design development standards, 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. L. Golf course rest stations and secondary maintenance buildings will be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-6 F.A.C., and may use potable and irrigation wells. 6/~-52046 V~r: 061-AJenk~ 02934-O07.OOI-ESBM-22959 6-1 SECTION VI PRESERVATION AREA 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Mediterra designated on the Master Plan, as Preservation Area. 6.2 GENERAL DESCRIPTION Areas designated as Preservation Area on the Master Plan are designed to accommodate conservation interpretive/educational trails and limited water management uses and functions. 6.3 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: A. Permitted Principal Uses and Structures 1. Boardwalks golf cart paths and nature trails (elevated and at grade), and gazebos. 2. Water management facilities. 3. Temporary construction access mad. 4. Utility or roadway crossings. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Preservation Area. 6.4 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or platted tract, whichever is applicable, is required for preservation lands included in the Preservation Area. LBP, their successor or assigns, or the Mediterra CDD shall be responsible for the control and maintenance of lands within the Preservation Area. 6/4/99-52011 Ve~: 061-kll O2934-4}074)01-F~BM-22959 7-1 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE A. The purpose of this Section is to set forth the general development commitments of LBP within Mediterra. 7.2 GENERAL A. 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 where 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. B. In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone heating before the Board of County Commissioners, shall control and be applicable to development of the subject property. LBP, its successors and assigns shall be bound by said documents, commitments, and stipulations. 7.3 MONITORING REPORT 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. 7.4 TRANSPORTATION A. LBP shall provide a fair share contribution toward the capital cost of a traffic signal at the main project entrance onto Livingston Road (North-South) when deemed warranted by Collier County. The signal shall be owned, operated and maintained by Collier County. B. Collier County and LBP entered into a Developer Contribution Agreement dated 17 February 1998, as amended (herein "Agreement"), to address the design, right-of-way acquisition, permitting, and construction of Livingston Road from Immokalee Road to the Lee/Collier County Line. C. As depicted on the Master Plan, Exhibit "B", LBP has reserved, pursuant to the terms authorized in the Agreement, a 100 foot wide right-of-way along the eastern edge of 6/4/99-52O46 V~.. 06l-Al~Iks 112914-0074XlI-I~M-229S9 7-2 the project for the construction of Livingston Road (North/South), and LBP has reserved a 170 foot wide right-of-way along the southern edge of the project for Livingston Road (East-West). D. It is acknowledged that the cost of consauction of Livingston Road is an advanced payment of Road Impact Fees pursuant to the terms of the Agreement (and that LBP is eligible for impact fee credits). Notwithstanding the determination of the adequacy of other public facilities and the payment of any other appropriate impact fees, LBP has complied with the requirements for transportation adequacy for the issuance of Certificate(s) of Public Facility Adequacy. E. Connection permits shall be required for all temporary consauction access points. Such permits shall require any necessary auxiliary lanes and apron paving to be constructed prior to the use of any temporary access point. 7.5 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by LBP. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17, as mended, except as may be provided in Section 2.4 of this Document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier Connty's utility construction requirements in effect at the time consauction plans are approve& C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. D. Existing vegetation will be saved where possible; therefore, the County owned potable water mains and forcemains will be allowed to meander during consauction to save vegetation. The meander will be accomplished by deflecting the pipe or using fittings in accordance with the Collier County Utilities Ordinance. For horizontal adjustments over 12 inches from the original alignment, an as-built survey of the utilities will be required and shown on the record drawings. E. Landscaping and sidewalks will be allowed within the right-of-way/County utility easement (R.O.W./C.U.E.) and over the County owned potable water mains and forcemains. Small vegetation with unobtrusive root systems shall be allowed anywhere within the R.O.W./C.U.E. For large vegetation and trees (palms and/or tap rooted trees), root guards will be installed to prevent roots from coming in contact with County owned potable water mains and forcemains. Collier County Public Works Department will not be responsible for the. repairs, replacement, maintenance or restoration of above-ground improvements or landscaping installed by LBP within the R.O.W./C.U.E. The aforementioned costs shall be the sole financial responsibility 029344107-001-P. SBM-219~9 7-3 of LBP, its successor and assigns. This clause will be shown within the homeowner's association documents and on the construction plans. F. The County owned potable water mains will end at the beginning of the cul-de-sac with a fire hydrant. Potable water services will be extended to serve residential lots along the cul-de-sac. Conduits will be provided for the potable water services, where necessary. G. For the County owned potable water mains and forcemains located within a 50 foot R.O.W./C.U.E. serving single family residential parcels, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOG. The minimum distance from the BOC to the fight-of-way line will be 13 feet. Reference the typical cross-section attached as Exhibit 'D', Section A. H. For the County owned potable water mains located within a 40 foot R.O.W/C.U.E. serving single family residential parcels, the potable water main will be located a minimum 5.0 feet off the back of curb. The minimum distance from the BOC to the fight-of-way line will be 8 feet. Reference the typical cross-section attached as Exhibit' D', Section B. I. For the County owned potable water mains and forcemains located along the loop roadway, the potable water main will be located a minimum 7.5 feet off the back of curb (BOC) and the forcemain will be located a minimum 5 feet off the BOG. For the loop roadway section without a median, the minimum distance from the BOC to the right-of- way line will be 15 feet. For the loop roadway section with a median, the minimum distance from the BOC to the fight-of-way shall be 13 feet. Reference the typical cross- section attached as Exhibit 'D', Section C & D. J. The County owned potable water distribution system will be allowed to connect to the Collier County potable water transmission system along the Livingston Road (East- West) corridor, if necessary, to enhance pressures and chlorine residuals within the Project. To assist the County's operation and maintenance activities, LBP will provide a stabilized access in areas where there is not paved access adjacent to the County owned potable water main. K. Collier County and LBP entered into a Utility Facilities Reimbursement and Contribution Agreement dated 12 January, 1999 to address the design, permitting and construction of utilities along Livingston Road from Immokalee Road to the Lee/Collier County Line. L. Irrigation water will be provided with a separate non-Collier County owned distribution system supplied by on-site wells, reclaimed water and/or other non-potable sources. 6/4/99-~2046 Va: 061-,~lenldm 02934-OOT.4301-E~BM-229~9 7-4 7.6 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year remm frequency. B. The applicant is allowed to not provide 10 percent littoral zone planting within every lake provided that compensatory littoral plantings are provided in other interconnected lakes within the Project phase. The applicant will provide the required total littoral zone ' plantings that would be required for the Project. 7.7 ENVIRONMENTAL A. The Collier County 'ST' overlay will be eliminated. A conservation easement will be provided for the proposed preservation areas per Section 6.4. Based upon final SFWMD permitting there may be some minor adjustments to the proposed preservation areas. B. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the Mediterra PUD, the Environmental Impact Statement (EIS) submitted in conjunction with the application for public hearing for PUD Rezone shall serve as the EIS and the requirement for obtaining approval of an EIS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the Mediterra PUD boundaries that require County permits for or County approval of development or site alteration. If the Preservation Areas' boundaries significantly change, the County may require additional information or an EIS supplement. C. Collier County shall defer environmental permitting regarding wetlands, wetland impacts and wetland mitigation to the SFWMD. LBP shall coordinate with and copy Collier County on approved permits. D. Location of gopher tortoise burrows and gopher tortoise relocation area(s) shall be indicated on the site development plans. A Florida Game and Fresh Water Fish Commission Gopher Tortoise Relocation or "Incidental Take Permit" will be obtained prior to construction in areas where gopher tortoise burrows exist. E. All conservation areas shall be recorded as conservation/preservation tracts or easements with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas including those that are recorded on a plat shall be dedicated to LBP, their successor or assigns, or the Mediterra CDD for the responsibility of the control and maintenance of lands within the Preservation Area. F. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the preservation areas, shall be submitted to Current Planning 6/4/99-52046 V~=. O61-AJmlrJ~ 0'I934..007-001-ESBM-22959 7-5 Environmental Staff for review and approval prior to final site plan/construction plan approval. This plan shall include the methods and time schedule for removal of exotic vegetation within preservation areas. G. Petitioner shall comply with all permit conditions and stipulations contained within US Army Corps of Engineers and SFWMD permits issued for Mediterra which concern protected wildlife species. H. The Preservation Areas incorporate weftands as well as buffers including upland and , structural buffers. The Project will be consistent with SFWMD criteria including any wetland buffering requirements. For these reasons, no additional buffering contiguous to the Preservation Areas will,be required. 6/4/~-5204~ V~s~. 06l-AJmlatn~ 029'M-007.001-F..,~BM-~a959 8-1 SECTION VIII CROSS JURISDICTIONAL PROVISIONS 8.1 PURPOSE A. The purpose of this section is to address and resolve potential inter-jurisdictional issues related to Mediterra PUD resulting from its location in both Collier and Lee Counties, pursuant to meetings and coordination between staff of both Counties. 8.2 ADDRESSING A. As stated in Exhibit C - Letter dated February 19, 1998 from United States Postal Service Postmaster C. M. Kigin, the main entrance for Mediterra is located within Collier County and therefore the entire project will be delivered by the Naples Post Office. B. As to streets and roadways within Mediterra PUD that cross the boundary between Lee and Collier Counties, LBP shall select the names of intemal roadways and determine in both counties that the name selected for each roadway is available and reserved in each county for the roadway before requesting either county to assign street addresses or numbers to lots or parcels located on such intemal roadways. C. Collier County and Lee County representatives have agreed to work cooperatively to ensure the assignment of consistent street names and addressing on all internal roads crossing the County boundary. 8.3 EMERGENCY MANAGEMENT SERVICES A. Fire suppression, law enforcement and emergency medical services shall be the responsibility of the county entity or service provider having jurisdiction over particular parcel or lot. 8.4 UTILITIES A. The plans for utilities serving Mediterra PUD will be submitted for review and approval to the appropriate utility company that has jurisdiction over the subdivision improvements and/or golf course. 8.5 DEVELOPMENT REVIEW PROCESS The Development Review Process will be performed in accordance with the Collier County Land Development Code and the Lee County Development Standards Ordinance. For 6/4/99-$2046 V~. 061-AJe~lthm 02934-1117.llOI-F,$1$M-22959 8-2 subdivision improvements and/or golf course that are located within both counties, the following will apply: A. For the portion of the subdivision improvements and/or golf come located within Collier County, the development plans and plats will be submitted to Collier County for review and approval. Likewise, for the portion of the same subdivision improvements and/or golf course located within Lee County, the development plans and plats will be submitted to Lee County for review and approval. B. Approval of subdivision improvements and/or golf come improvements within the jurisdiction of one County will not be contingent upon the review and approval of the County not having jurisdiction over the improvements. 8.6 PLATTING A. Individual residential lots shall be planned so that they are located in one county or the other. B. Plats for Mediterra PUD shall be approved and recorded by each County for land located within its jurisdiction. C. Building permits for lots in one county within a platted subdivision severed by the county boundary shall not be issued by that county until the remaining portion of the subdivision located in the other county has been approved and recorded in accordance with the respective county subdivision plat ordinance and land development code. 6/4/99-$2046 Vff: 061-t~sklm 02934-O07~OI-~IIMo229S9 LAND USE SUMIVLARY F~-CI:~ATION, ~ 8PAC;F_., QOLF, PARK, 847 ffi FlOW 4O TOTAL FIE~SlDENTI~ ~ 750 C~qC)~3 ~ 0~3 UPA ~?~x~ T~,d. ~ s~,q~. Gou'. gaFFeS. ~ ~ . -~ * ~ '~ND USE ~MARY ~ ~ ~ SYMBOL DESCRI~ ........ ~ L O~ ~w ;% MEDITE ,~ ~y , ~ (COLLIER CO. AND LEE CO.) EXHIBIT C -- ~ ~ ~ ~ PUD MASTER PLAN - - ' ~ ,,0.~ T~~' ~ ~-~~ PREPARED FOR: LONG BAY PAR~ERS, ~C EXHIBIT D RIGHT-OF-WAY TYPICAL SECTIONS 029311~07401 .~BM-229~9 SINGLE FAMILY R/W R/W SINGLE FAMILY RESIDENTIAL DEVELOPMENT .50' RESIDENTIAL DEVELOPMENt' RiGHT-OF -WAY/C.U.E. / (r~.) / \ \ x_ rO~cE U^~N WAIER MAIN-" 12' STABILIZE0 SUt:~C.,RAOE-' X-GRAVITY SANITARY x--EXiSTING GROUND (TYP.) SEWER ELEV. '~ ~ ].0~ - ]3.0± SECTION A SINGLE FAMILY (50' R.O.W.) N.T.S. R/W R/W SINCLE FAMILY $1NCLE FAMILY RESIDENTIAL DEVELOPMENT[ 40' (MINIMUM)- _ I RICHT- OF- WAY/C'U'F" 20' MINIMUM SETBACK g. 20' MINIMUM SETBACK --_,.~ TO J~UILDINC 2' 1 ~0' 8' 2' I 20' --2' I ._~.' SURFACE WATER PROPOSED (IYP.) · > / / ~//~z//~j · · '. '-- --/ vA~D~u~ WATER MAiN t~ STABILIZED SUBC~D[ ~ ~CRAVITY ~NITARY ~ [XIS~NG CROUND (WP.) SEWER ELEV. = l ].0~ - 13.0~ SECTION 13 SINGLE FAMILY (40' R.O.W.) N.T.S. ......... 4 , I /cO~'cT~ (~') * (~') " . ~::./....... :-::::.:3~ =,~~ ' ~- .~:? '1 SECTION O MEDITERRA LOOP ROAD ~_.,.,., ,,I I ///~"--' . . ~ ......... ~) ~(~,,.1 C~., C~, 1'~'.1 / SECTION D MEDITERRA LOOP ROAD (W/ MEDIAN) 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. 99-41 Which was adopted by the Board of County Commissioners on the 8th day of June, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of June, 1999. DWIGHT E BROCK Clerk of Courts an~iC~ Ex-officio to ~ ~ ~ ~oar~ Co~ty CO~ S S ~o~er:~'.~ Deputy Clerk ~ ' ¥ ~:~'