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Ordinance 97-24 ORDINA/qCE 97- 24 i~\! 91-102, THE COLLIER CODI~TY IJ~ND DEV%LOPMENT ~ .~ ~ CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING ~ ~ REGU~TIONS FOR THE ~INCORPO~TED ~EA OF ' '.' COLLIER CO~TY, FLORIDA, BY ~ENDING THE , OFFICIAL ZONING AT~S ~PS ~BERED 8619N ~D ~,~" 8619S BY C~GING THE ZONING C~SSIFI~TION OF THE HEREIN DESCRIBED REAL PROPERTY ~OM "PUD" TO "PUD" P~ED ~IT DE~LOPMENT ~OWN AS PELIC~ STUD, FOR PROPERTY L~TED AT THE NORTHWEST CO~ER OF 1-75 ~D I~O~EE , W ROAD (C.R. 846) IN SECTIONS 18 & 19 TO NSHIP 48 SOUTH, ~GE 26 E~T, COLLIER CO~TY, FLORIDA, CONSISTING OF 575 ACRES, MORE OR LESS; PROVIDING FOR THE REPEL OF ORDIN~CE~ ~BER 96-65, AS ~ENDED, THE FOYER PELIC~ STUD PUD; ~D BY PROVIDING DATE. WHEREAS, Karen K. Bishop of Project Management Services, Inc., of Naples, representing Pelican St-and, Ltd., petitioned the Board of County Conunissioners 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 18 & 19, Township 48 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 8619N and 8619S, as described in Ordinance Nt%nuber 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Nu~er 96-65, as amended, kno~a~ as the Pelican Strand PUD, adopted on October 22, 1996 by the Board of County Commissioners of Collier is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADO~sTED by the Board of County Com~nissioners of conie= county, no=ida, this J7 day or ATTEST: ' ...... BO~D OF CO~TY C~ISSIO~RS ~IGHT.'=Eii..>BROC~i"'CLERK COLLIER CO~TY, mORIDA LE~. SUFFICIENCY' .. ~JO~E M. STUDENT ~reta~ ~SIST~T CO~TY ATTO~Y f t f/Pu~96-11 [1) ordinance ~c~ PELICAN STRAND A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PELICAN STRAND A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER CG 7NTY LAND DEVELOPMENT CODE PREPARED FOR: PELICAN STRAND LTD, 10621 AIRPORT -PULLING ROAD NORTH SUITE 1 NAPLES, FLORIDA 34109 PREPARED BY: PMS, INC. OF NAPLES 2...135 TAMIAMI TRAIL NORTH SUITE 408 NAPLES, FLORIDA DATE REVIEWED BY CCPC DATE APPROVED BY BCC 5/27/9 7 ORDINANCE NUMBER 9 7 -2 4 AMENDMENTS AND REPEAL NOTE: SUBMIT AS A SEPARATE DOCUMENT. DO NOT COMBINE WITH OTHER SUBMISSION DOCUMENTS LIST OF EXHIBITS XHIBIT A - PUD MASTER PLAN Attached ii STATEMENT OF COMPLIANCE The development of 574.569 acres of property in Collier County as a Planned Unit Development to be known ~ Pelican Strand will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. Pelican Strand is a mixed commercial residentlal/golf and associated recreational use project which will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: I. The property includes the entire northwest quadrant of the Immokalee Road interstate activity center· e which accommodates the planned 30 acres ofcommerclal land uses. The remaining 169.3 acres of project area within Section 19, Township 48 South, Range 26 East, lies within the I-75/lmmokalee Road density band, which makes these lands eligible for a 7 unit per acre density, or 1,185 units. Project lands within Section 18, Township 48 South, Range 26 East, are 375.269 acres in area, and are eligible for the Urban Area Base Density of 4 dwelling units per acre, or 1,50I units. The total 544.569 acres of project area are thus eligible for 2,686 units, or 4.93 dwelling units per acre. This residential development density eligibility is substantially greater than the planned 1200 units or 2.2 units per acre. 2. The 30 acres of project area which lie within the interstate activity center are planned for mixed commercial, transient lodgings, and institutional uses, as is indicated to be appropriate by the Future Land Use Element 3. Traffic ways, utilities, and other public facilities necessary to serve the Pelican Strand project are adequate. Pelican Strand will participate in the expansion of existing public facilities to the extent of its impact on those facilities via payment of impact fees. 4. The Pelican Strand project will be compatible with and complimentary to existing and planned land uses in the vicinity. SHORT TITLE This ordinance shall be known and cited as the "PELICAN STRAND PLANNED UNIT DEVELOPMENT ORDINANCE". !11 SECTION I PROPERTY OWNERSHW, LEGAL AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of PELICAN STRAND. 1.2 LEGAL DESCRIPTION A tract of land situated in Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida, said tract lying West of Interstate 75 and being more particularly described as follows: Commencing at the southwest comer of ~¥.ction 19, Township 48 South, Range 26 East and being on the North right of way line of County Rome 846 (I00' wide), thence along Road R/W South 89° 20'28" East a distance of 1890.22 ~. to a point, thence North 00° 21' 54' East a distance of 100.00 ~ to a point on the north edge of a canal easement and the TRUE POINT OF BEGINNING. Thence with the north and west lines of canal easements (Deed Book 44 Page 78 and or Book 365 , Page 414, Collier County); the following six (6) comes and distances; South 89e 20'28" East a distance of 750.00 feet to apoint on the iA section line,; Thence; South 89° 21 '04' East a distance of 267.46 feet to a point; Thence; North 47° 51 '05" East a distance of 268.82 feet to a point; Thence; North 140 05 '43" East a distance of 502.45 feet to a point; Thence; North 090 23'06" East a distance of 439.38 feet to a point; Thence; North 04° 36' 19" East a distance of 671.26 feet to a point; Thence; South 89~ 26'00" East a distance of I09.07 feet to a point on the west right of way line of Interstate 75 (Or Book 3,~5 Page 410), Thence; North 00° 36'29" East a distance of 3443.60 feet along said right of way to a point on the north line of Section 19 Thence; North 00e 36'21" East a distance of 1475.86 feet to a point ' Thence; North 00° 36'21" East a distance of 1190.5g feet to a point on the ~ast west % line of Section lg, Thence; North 00° 36'21" East a distance of 2666.77 feet to a point on the north line of Section lg, Thence; North 880 31 '41" West a distance of 836.37 feet along said north section line to a point marking the north % comer of Section 18, Thence continue; North 880 31 '41" West a distance of 2627.43 feet along said section line to a point marking the northwest comer of Section 18, Thence; South 00° 34'00" West a distance of 2686.42 feet along the west line of section !g to a point marking the west iA comer of Section 18, Thence continue; South 00° 34'00" West, along said section line a distance of 2685.26 feet to n point marking the southwest comer of Section I g, l-I · Thence; South 890 09' 52" East along the south line of Section I g a distance of 1993.97 feet to a point Thence; South 890 09'52" East a distance of 648.71 feet to a point on the north sorttit ~ section line of Section 18, Tl~ence; South 00°21 '54" West along said $~ section line a distance of 1715.95 feet to a point, Thence; North 89o 20'04" West a distance of 750.00 feet to a point, Thence; So~z~., 00° 2 I' 54" West a distance of 3505.96 feet to the point of beginning and containing 574.5(~9 acres more or less. 1,3 PROPERTY OWNERSHIP The subject property is owned by Pelican Strand, Ltd., Suite 1, 10621 Airport gd. North, Naples, Florida 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the northwest quadrant of the 1-75/lmmokalee Road interchange. B. The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development". C. The project lies within Water Management DisAct No. 7 and within the Cocohntchee River watershed. Drainage [rom the property will discharge into the Immokalee goad Canal, thence westerly in the Immokalee goad Canal to the Cocohatchee River tidewater, which connects to the Gulf of Mexico via Wiggins Pass. D. Water management for the project will be ofthe constructed lake and preserved natural wetland retention type. Storm waters which exit the site will do so via a control structure, which will be authorized as a part ofwater management permits issued by Collier County and the South Florida Water Management District. E. Topography within the project is relatively level, with surface elevations ranging from 12 feet to 14 feet above mean sea level. The entirety of the site lies ,,~.'it!~n Flood Zone "X" according to FIP, M Map I20045700215D, dated June 3, 1986. F. Soil types within the project include Hallandale fine sand (approximately 30%), Riviera free sand, limestone substratum (approximately 20%), Basinger ['me sand (approximately 15%), Boca ['me sand (approximately 15%), Boca, Riviera, limestone substrat~tm and Copeland ['me sand depressional (approximately 12%), Flolopaw free sand, limestone O substratum (approximately 4%), Flolopaw free sand (approximately 3%), and Pinetin free sand, limestone substratttm (approximately 1%). 1 .S DEVELOPMENT OF REGIONAL IMPACT The Pelican Strand project will be an expanded version of the previously npproved Pelican Strand PUD/'DRI. No change has occurred to the previously approved project area of 574.6 acres. The previ6usly approved I g-hole golf course is being lengthened so as to be a 27-hole golf course. The · previously approved 680 residential dwelling units are being increased to 1200 units. The original PUD/DRI included 30 acres of mixed commercial development. No change is being made to the 30 acre area boundary. Uses permitted in the 30 acre commercial area include 120,000 sq. ~. of retail/service commercial, 80,000 sq. ~. of office commercial, and 140 hotel/motel rooms. Additional lands may be acquired and incorporated in the Pelican Strand project at a future date. Such an expansion of the project will necessitate an amendment of this PUD document, of the PUD Master Plan, and if approprlate, of the DRI development Order. e Any development thresholds exceeding those authorized under Ordinance Number 96-65 may not be constructed prior to approval of an Amendment to the Pelican Strand DPd/Development Order 96-3, Resolution 96-484 establishing density consistent within those of this PUD. Furthermore, the requirements set forth in this PUD Ordinance shall be altered through the PUD Amendment process should it be necessary to make it consistent with any future amendments to the DRI Development Order. 1.6 DENSITY A. The total acreage of Pelican Strand is approximately 575"' acres. The maximum number of dwelling units to be built on the total acreage is 1200. The number of dwelling units per gross acre is approximately 2.09 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. Commercial uses occupy approximately 30.0 acres with a maximum gross leasable floor area of 120,000 square feet of retail/service commercial, 80,000 square feet of office commercial, and 140 hotel/motel rooms. These described land uses are set forth on the PUD Master Plan, Exhibit "A". B. At all times, all of the property included within the Pelican Strand PUD shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways, easements, reserves and landscape buffers. !-3 · SECTION H PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as Oother project relationships. :2.1 CENERAL A. Development of Pelican Strand shall be in accordance with the contents of this Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivisi-.n Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. 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 of buildinlg permit application. C. All conditions imposed and all graphic material incorporated in this PUD document shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless raodified, waived or excepted by this PUD, the pwvisions of the LDC, where applicable, remain in full 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 concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or bu;ilding permit issuance applicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES ~.. The project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated graphically by Exhibit "A', the PUD Master Plan. The nature and extent offand uses within the project is indicated by the following table: 2-1 Kesldential 1200 15 g .5 Golf Course/Buffers N/A 203.3 Lakes N/A 73.7 Preserves N/A Roads N/A 26.3 Commercial N/A 30 Totals 1200 574.6 +/- Retail/Service 120,000 Oilice g0,000 HoteL/Motel 140 Rooms 2.4 RELATED PROJECT PLAN APPROVAL REQUIRE1VIENTS A. Prior to the recording of a Record Plat, and/or Condominittm Plat for all or part o1' the PUD, f'mal plans ot'nll required improvements shall receive approval of the apti. ropriate Collier County l~overnmental al~ency to insure compliance with the PUD Master Pl',an, the Collier County Sulxlivision Code, and the platting laws of the State of Florida. B. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if.applicable, shall be submitled for the entire area covered by the PUD Master Plan. Any division of.property and the development o~'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. 2-2 ' C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, · shall apply to the development of all platted tracts or parcels of land as provide in said Division prior to the issuance of a building permit or other development order. D. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformsnee with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public, private, etc. easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES/SALES OFFICES Model home, sales centers and other use. and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and sips, shall be permitted principal uses throughout Pelican Strand Community subject to the requlremen~s of Section 2.6.33.4, of the Collier County Land Development code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Most common area maintenance will be pwvided by the Pelican Strand Master Property Owners' Association, Inc. (PSMA). The PSIvIA is a legitimate alternative for the timely and sustained pwvision of quality common area infrastructure and maintenance under the terms and conditions of a County developments approval. For those areas not maintained by the PSMA, the peveloper has created property owners association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PSMA or the prol~rty owners association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving Pelican Strand Community, in accordance with the provisions of this PUD and the DRI Development Order, together with any applicable permits from the Florida Department of Environmental Regulation, U.S. Army Corps of Englneers, and South Florida Water Management District. 2-3 2.8' LANDSCAPE BUFFERS, BERM, FENCES AND WALLS Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughout the Pelican Strand Community. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: I. Grasscd herins 4: l 2. Ground covered betins 3:1 O 3. Rjp-Rapberms I:1 4. Structural walled herins - vertical B. Fenced or wall maximum height: six feet (6), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose ofthls provision, finished grade shall be considered to be no greater than eighteen inches (! g") above the highest crown elevation of the nearest existing road unless the fence or wail is constructed on a perimeter landscape herre. h these cases the wall shaft not exceed six feet (5') in height from the top ofberm elevation for berm elevation with an average s2 'Le slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for betms with an average side slope of greater than 4:! (i.e. 3:1). C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Pelican Strand Community PUD boundary prior to preliminary subdivision plat and site development plan submit~l. All such areas must be included in a landscape buffer easement on final plats, or in a separate recorded instrument. D. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the Pelican Strand Design Review Committee. 2.9 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopmen~ of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.1. The Pelican Strand Community is planned as a private, large scale, functionally interrelated community under unified control, to be developed over an extended time period. Pelican Strand, Ltd. has established community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, harriscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Pelican Strand, Ltd. will establish supplemental design guidelines and standards to achieve the above objectives by means of recorded covenants, conditions, and restrictions to Pelican Strand Design Review Committee for review and approval. 24 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throuBhout the Pelican Strand Community PUD except in the Preserve District. General permitted uses are those uses which generally serve the Develop~ and residents of Pelican Strand Community and ar~ typically part of the common hfrastructure or are considered community facilitles. A. General Permitted Uses: 1. Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes wkh bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features includinB, but not limited to, landscape buffers, betins, fences and walls subject to the standards set forth in Section :l.8 of this PUD. 9. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back ofcurb or edge of pavement of any road - fifteen feel (15') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from property lines - one half (1/'2) the height of the structlu~. 3. Minimum distance between sizuctures which are part of an architecturally unified grouping - five feet (5'). · SECTION IH RESIDENTIAL DEVELOPMENT AREAS ~.1 PURPOSE The purpose of this Section is to establish land use regulations and development standards for the residential development tracts indicated as Tracts 1 through I $ on Exhibit "A", the PUD Master Plan. MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted in the fifteen residential development tracts is 1200. Distribution of the dwelling units among the various residential development tracts shall be governed by the rules and regulations set forth in this Section. 3.3 GENERAL DESCRIPTION Areas designated "R" on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible nonresidential 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 33 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. USES PERMITTED A. Principal USeS 1. Single-family detached dwelling units. | 2. Single-family patio and zero lot line dwellings. 3. Two-family and duplex dwellings. 4. Single-family attached and townhouse dwellings. 5. Multiple-family dwellings including Garden Apartments. 6. Any other principal use which is e,~mparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "P," District. 3-1 · B. Accessory_ Uses 1. Customary accessory uses and structm'cs, including attached or detached garages. 2. Guest houses, pursuant to section 2.6.14 of the LDC. 3. Common area recreational and utilitarian facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the I Development Services Director determines to be compatible in the "R District. 3.4 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories I -4 uses apply to individual residential lot boundaries. Category 5 standards apply to plat'-d parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards ar~ not specified herein or within the Pelican Strand Community design guidelines and standards, arc to be in accordance with Collier County Land Development Code in effect at the time of Site Development Ran Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal strocturcs. D. Development standards for uses not specifically set forth in Table I shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with ~ose standards ofthe zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, the required development regulations may be reduced provided a site plan is approved pursuant to Division 3.3 of the Land Development Code. F. Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge 'to pavement edge shall separate any parking aisle or driveway from any abutting road. O. Single-family patio and zero lot line dwellings arc identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth hcrein. H. Housing structure types including lot orientation for single-family detached housing such as zero lot line versus non-zero lot line orientations may not be mixed. 3-2 TABLE 1 PELICAN STRAND COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES FAMILY ZERO LOT FAMILY & FAMILY AND STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Category I 2 3 4 5 Minimum Lot Area 6,000 SF 3,000 SF ! AC , Minimum Lot Width -s 60 50 35 30 150 Front Yard 25 '~ 20 '~ 20 '~ 20 'j 25 Front Yard for I0 10 10 10 Side Entry Garage Side Yard 5 0 or 5 ,s .t 0 or 7.5.? 0 or .5 BH '? 0.5 BH Rear Yard Principal 20 10 20 20 BH Rear Yard Accessory 10 8 * 10 10 15 Rear Yard '* 10 5 I0 10 .5 BH Maximum Building Height '* 35 35 35 35 35 Distance Between 10 10 0 or 15 .5 SBH .5 SBH Principal Structures Floor Area Min. (S.F.) 1200 SF 1200 SF 1200 SF 1200 SF I000 SF .m,mmmmm~ ~P.dmr~mm~mf~r~mdmm4~mm~m~mctmmm~m~kU~dWm~mwbid~mmM~~m~~w~~m~m~~ mlmail mMiwwsiar ks,d~mm m~blas~rdlmsklrsslm~itdsslliM~bte~~ ~Zare~ei~(~`)er~j~dm~me(~ee(~Ndiifd4f~f1ee1~4~b~wi4redK.~~~id~~~~ Xsrefld{l')Flelbm~ 3-3 · SECTION IV GOLF COURSE, OPEN SPACE DISTRICT 4.1PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space Tracts indicated on the PUD Master Plan, Exhibit "A'. The primary function and purpose of these Tracts will be to provide aesthetically pleasing open m?.as, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or !and or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Stractures 1. Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, 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, utility pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. 6. Open space uses and structures such as, but not limited to, .boardwalks, nature trails, bikeways, landscape nurseries, gazeix>s, boat and canoe d~ks, fishing piers, picnic areas, fimess trails and shelters. 7. 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 "G-CO" District. B. 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 and golf course maintetmnce yards. 4-1 · 3. Retail establishments accessory to the permitted uses ofthe district such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecomznunicatlons facilities. 7. 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 "GCO" District. 4.3 DEVELOPMENT REGULATIONS A. Principal structures shall be setback a minimum of twenty feet (20') from "C. d30" District boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts. B. Accessory structures shall be setback a minimum often feet (I0') from "(3CO" District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential h-acts. C. Lighting facilities shall be arnnged in a manner which will protect roadways and residential properties form direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structure = 3 Stories 2. Accessory Structures = 2 Stories E. Minimum distance between principal or accessory stmctur~ which m · part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal stnnur~s - Twenty feet (20'). O. Minimum distance between all other accessory structures - Ten feet (l 0'). H. Minimum floor area - None requ~d. I. Minimum lot or pateel area - None required. 4-2 J. Parking for the community center/clubhouse shall be one space per every two · hundred (200) square feet of gross floor area, which shall be considered inclusive of the required golf come parking. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land · Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. SECTION V PRESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to preserve and protect the natural wetland vegetation and functional habitat incorporated in the Preserve Tracts. .2 GENERAL DESCRIFrlON Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primax7 purpo~ of the Preserve district is to retain viable naturally functioning wetland upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pelican Strand Community residents. 5.3 USES PERMITrED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional State and Federal permits when required; A. Principal Uses 1. Open Spaces/Nature Preserves. 2. Small docks, piers, or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by. permitting agencies. 3. Pathways and or bridges, subject to appropriate approvals by permitting agencies. 4. Drainage, water management, and utilitarian facilities, subj.ect to all needed permits. 5.4 DEVELOPMENT STANDARDS ' A. Setback requirements for all stroctm-es shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory stru~ures on lots and tracts which abut a golf course, lake, non-jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall b~ incorporated into the design. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. 5-1 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said casement shall be provided in accordance with the terms set forth in any applicable permit granted by said agencies, and as set forth in Section 8.13 hereof. The developer, its successor(s) or assigns, the Pelican Strand Master Property Owners' Association, Inc., shall be responsible for control and maintenance of lands within the Preserve District. SECTION VI ACTIVITY CENTER DISTRICT 6.1 PURPOSE The purpose of this Section is to identify the commercial uses and development standards applicable to the tracts designated on Exhibit "A" as Commercial. ~.2 DEVELOPMENT EMPHASIS The two commercial tracts constitute 30 acres of commercial development area. They are located in the northwest quadrant of the 1-75/Immokalee Road interchange, which is an interchange Activity Center. Commercial development is intended to be mixed, including services for highway travelers; local market shopping; financial institutions, offices, transient lodging facilities, and associated uses. The entirety of the two commercial tracts is to be developed under a common architectural landscape architectural theme, so as to serve the j ~t objectives of attractiveness to patrons, and an attractive entry feature for the Pelican Strand residential/golfing community. 6.3 USES PERMITTED The following uses, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses. 1. Unless otherwise provided for in this Section, all permitted uses offfie C-2 Commercial Convenience District. 2. Apparel and Accessory Stores (groups 5511-5699). 3. Auto and Home Supply Stores (5531). 4. Business Services (groups 731 I, 7313, 7322-7338, 7361-7379, 7384,7389 except auctioneerlag service, field warehousing, bottle labeling, packaging and labeling,~salvaging of damaged merchandise, scrap steel cutting and slitting). 5. Eating Places (5812 only). All establishments engaged in ~e retail sale of alcoholic beverages for on-premise consumption are subject to Iocational requirements of See. 2.6.10). 6. Drinking Places (5813 excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on premise consumption are subject to the locational requirements of Sec. 2.6. I 0). 7. Food Stores (groups 5411-5499). 8. General Merchandise Stores (groups 5311-5399) 6-1 9. Group Housing, excluding Family Care Facilities, subject to See. 2.6.26. I0. Home Furniture, Furnishing, and Equipment Stores (groups 5712-5736). 11. Hotels/Motels (7011 ). 12. Libraries (8231). 13. Membership Organizations (86 11-8699). 14. Miscellaneous Repair S~'vices (groups 7629-7631). 15. Miscellaneous Retail (groups 5912-5963 except pawnshops and nil uses dealing with secondhand merchandise, 5922-5999). 16. Motion Pictu~ Theaters, except drive-in (7832), 17. Museums and Art Galleries (8417~. I 8. Non-depository Credit Institutions (groups 6111-6163). 19. Paint, Glass, and Wallpaper Stores (5231). 20. Personal Services (groups 7211, 7212, 7215, industrial dry cleaning only, 7221-7251, 7291). 21. Public Administration (groups 9111-9199, 9229, 9311,9411-9451, 9511-9532, 9611-9661). 22. Retail Nurseries, Lawn and Garden Supply Stores (5261). 23. Veterinary Services (groups 0742, 0752, excluding outside kermeling). 24. Video Tape Rental (7841 ). 25. United States Postal Service (4311 except major distribution center). 26. Any other general commercial use which is comparable in nature With the foregoing uses. 6.4 PERMITtED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted in this District. B. Essential services and facilities. 6-2 6.5 D!~VELOPMENT STANDARDS A. Principal structures shall be setback a minimum of twenty feet (20') from "G-CO" and PUD boundaries, private and public roads. B. Accessory structures shall setback a minimum often feet (10') from "GCO' boundaries and private roads, and twenty (20') from all PUD boundaries and residential nets. C. Lighting facilities shall be arranged in a manner which will protect wadways and residential properties from direct glare or unreasonable interference D. Maximum height of structures I. RetailXService - 2 stories 2. OfficeXInstitutional - 4 stories 3. HotelXMotel - 7 stories E. Minimum distance between principal or accessory sla'twttues which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal structures - none, or a minimum of l0 feet (10') with unobstructed passage from front to rear yard. G. Minimum distance between all other accessory structures - Ten feet (l 0'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. J. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the 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. : K. All buildings, landscaping and visible infnstruehzres shall be atchiiecturaily and aesthetically unified. Said unified architectural theme shall include a similar architectural design, use of materials and colot~ throughout all of the buildings to be erected on site. Landscaping and stroetscape materials shall also be similar in design throughout the site. A conceptual design master plan shall be submitted concurrent with the first application for Site Development Plan appwval. 6-3 · SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose ofthis Section is to set forth the development commitments for the development of the .2 GENERAL All facilities shall be constructed in strict accordance with Final Site D~velopment Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulations applicable to this PUD. Exert where specifically noted or stated otherwise, the standntis and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the !and within the PUD is not to be plated. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agre~ to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the re-zoning of the property. In addition, the developer will agr~ to convey to any successor or assignee in ti~e, any commitments within this agr~ment. PUD MASTER PLAN A. Exhibit "A", the PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land us~ bounduies or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. B. All necessary easements. dedications, or other instruments shall be granted to insur~ the continued operation and maintenance of all service utilities and all common areas in the project. " C. The following shall be considered minor changes and refinements, ~ubject to the l~imitations of PUD Section 7.3A: 1. Reconfiguration of Peserve areas, jurisdictional weftand limits, and mitigation futures as a result of regulatory agency review. 2. Reconfiguration 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, and where ther~ is no further encroachment into Reserve areas. 7-1 · 3. Recon~guration of golf course envelopes and design features. 4. Internal realignment of rights.of. way other than a relocation of access points to the PUD. 5. Rcconfiguration of residential parcels when there is no encroachment into Preserve 7.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Pelican Strand project occurred in calendar year 1996, with completion of the golf course and project infrastructure anticipated to occur in calendar year 1997. Marketing of commercial and residential sites and golf course memberships began in calendar year H}96, and is expected to be concluded in calendar year 2003. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 7.5 POLLING PLACES Pursuant to Section 2.6.30 at the Land Development Code, pwvision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement 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 successon in interest that acquire ownership of such common areas including, but not limited to, condominim associations, homeowner associations, or community recreation/public buildings/public rooms or similar common facilities to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. A perimeter berm along 1-75 may be steeper than provided for by Section 2.4.4.14 of the LDC, provided that the Development Services Director determines'that detailed development/ landscape plans for the berm demonstrate feasibility, maintainability, and attractiveness. 1. Trees and shrubs shall be planted along the base of the 1-75 side ofthe berm, so as to visually soften the appearance of the steep sided berm. 2. Ground cover on the 1-75 side of the berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75% native species. 4. Shrubs shall be a minimum of 35% native species. 7-2 0 · B. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 of the LDC except as follows: 1. Pelican Strand Boulevard shall be considered a minor collector street and shall be required to have n sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. 3. All cul-<!e-sacs serving more than twenty-five (25) single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4. All cul-de-sacs serving twenty-five (25) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a. The right-of-way section shall include two twelve foot (12') wide travel lanes, and b. the gross density '~fthe cul-de-sac shall be less than two (2) unlts per acre. C. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: I. Cul-de-sac and local streets less than one thousand feet (! ,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (1 0') wide travel lanes, subject further to the conditions of Section 7.6.B.4 of this PUD. 2. All other cul-de-sacs are required to have a minimum of forty foot (40') right-of-way width and two ten foot (10') wide travel lanes. 3. All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot (10') wide travel lanes. 4. Cul-de-sacs may not exceed a length of fifteen hundred feet (1500') as required by subsection 3.2.8.4.1 6.6. , 5. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. 6. Street grades may exceed four percent (4%) under Subsectlon 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: 7-3 A. A security gate may be installed between the access to the commercial area which is open to the · general public, and the residentiaL/golf club area. Streets which do not serve the general public may be private. B. The reserved right-of-way along the north bounda~ ofthe project is to accommodate the southern half right-of-way for the east-west arterial road indicated on Map TR-7, the Future Traffic Ways Map, Year 2015, an increment of the Collier County Growth Management Plan. Prior to construction of a road within this right-of-way, the Pelican Strand development sponsor, or hls assigns, may utilize the right-of-way on an interim basis for betre, buffer, golf come rough, access corridor for maintenance equipment, etc. Upon notification by the County that road construction is imminent, the right-of-way shall be dedicated to the County, and interim utilization of the right-of-way by the Pelican Strand developer or his assigns sh,-ll be terminated. Said dedication procedures shall follow the provisions of Section 2.2.20.3.7 of the LDC. C. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance No. 93-64. D. Consistent with the County's Cc~:~urrency Management System, development of dwelling units in excess of 680 dwelling units shall be authorized for permitting if the Level of Service (LOS) on either segment of Immokalee Rd. has not fallen below its adopted "LOS D", or improvements have been cornmired through the County's Capital Improvements Pwgram for said widenings. 7.8 WATER MANAGEI~IENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. A copy of the SFWMD Surface Water Permit or Early Work Permit with staff report is required prior to final construction plan approval. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the LDC and SFWMD rules. 7.9 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. 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. B. Water distribution, sewage collection and transmission lines to serve the pwject are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 88-76, as mended, and other applicable County rules and regulations. C. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. 7-4 D. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or · holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable water and irrigation wells. E. The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: I. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. F. The project's Developer(s), his assigns or successors, shall negotiate an Agreement with the District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to d~e project the developer shall negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. G. Irrigation water will be provided with a separate distribution system supplied by on-site wells, reclaimed water or another non-potable and water source. H. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the meter pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan. I. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the Districfs water system can hydraulic~lly provide a sufficient quantity of water to meet the anticipated demands of the project an~l the District's existing committed capacity. J. The existing off-site sewage transmission facilities of the District must be evaluated for the hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 7.10 ENVIRONMENTAL The and development of this PUD Master Plan shall be subject to and governed by the following conditions: 7-5 A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource · Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be the sole mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. O C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted per Paragraph C above. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conscrvation/preservatlons areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. 7.11 ACCESSORY STRUCTURES Accessory stnxctures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 7.12 SIGNS All signs shall comply with Division 2.5 ofthe Land Development Code in effect at the time of building permit application. 7.13 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 ofthe Land Development Code in effect at the time of building permit application. 7.14 PROVISION FOR OFF-SITE REMOVAL OF EARTHE~N MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: I. Excavation activities shall comply with the definition of a "development excavation" pursuant to 7-6 ... Division 3.S of the Land Development Code whereby off-site removal shall be limited to 10% of, · to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. 7-7 EXHIBIT 'A' PELICAN STRAND P[U.D .MASTER PLAN DEVELOPER: PELIOAH Si'RAND LI'D. LO,nO, ~ ,.T.S A - AGRICULTURE ~o' · !-75 pELICAt~ 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. 97-24 Which was adopted by the Board of County Commissioners on the 27th day of May, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County. Commissioners of Collier County, Florida, this 3rd day pf"S~;. ~°'."°... 1997. :' ~r .' : :..' .~.....:: .. DWIGHT E. BROCK '. Clerk of Courts an~ 'Cie~:;: .... -officio to Boara',.o , '; ......:. County, Conunissioners"',,, ' ' ~. ~.:' ~i~,""' By:Sue Barbiretti Deputy Clerk