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Ordinance 96-64 ORDINANCE 96- 64 i,i. CL~,'LD Cle~ .~' AN ORDINANCE AMENDING ORDINANCE NUMBER 0fS0ard '~' 91-102, THE COLLIER COUNTY LAND ]~.. ..~,.J~' DEVELOPMENT CODE, WHICH INCLUDES THE · "/~!!~:.q'.'. COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 862122 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE WOODLANDS, FOR PROPERTY LOCATED NORTH OiF IMMOKALEE ROAD (C.R. 846), IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 500 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 86-75, AS AMENDED, THE WOODLANDS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp and Varnadoe, P.A., representing Immokalee Road Partnership and Ribeck Company, petitioned the Board of County Commissioners to change tP-e zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 21, 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 a part hereof. The Official Zoning Atlas Map Numbered 862122, as described in Ordinance Number 91-102, the Collier County Land Development Code, i:~ hereby amended accordingly. SECTION TWO: Ordinance Number 86-75, as amended, known as the Woodlands PUD, adopted on November 6, 1986 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~c~'day of .~.~, 1996. ATTEST: .... ' ......... BOARD OF COUNTY COMMISSIONERS DWIGHT,..~:' BROCK ~' -CLERK COLLIER COUNTY, FLORIDA IHHAN~C · :,,",, , LEGAr~ '.SUFFI C I ENC. Y MARJO~IE'~. STUDENT ASSISTANT COUNTY ATTORNEY THE WOODLANDS PLANNED UNIT DEVELOPMENT DOCUMENT PREPARED BY: GEORGE L. VARNADOE Young, van Assenderp & Varn~doe, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 DATE ISSUED: ( ) DATE REVISED: DATE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY BCC: 10/22/96 ORDINANCE NUMBER: 96-64 , TABLE OF CONTENTS PAGE SECTION I, Statement of Compliance i[-1 SECTION II, Property Ownership & General Description Ii[-1 2.01 Introduction and Purpose 2.02 Name 2.03 Legal Description 2.04 Title to Property 2.05 General Description 2.06 Site Development Plan Approval Process 2.07 Development Regulations SECTION III, Project Development II2[-1 3.01 Purpose 3.02 General Plan of Development 3.03 Wetlands SECTION IV, Land Use and Regulation Iv-1 4 01 Purpose 4 02 Project Plan & Land Use Tracts 4 03 Project Density 4 04 Sequence and Scheduling 4 05 Recreational Facilities and Schedule 4 06 Native Vegetation Retention 4 07 Common Area Maintenance SECTION V, Golf Course V-1 5.01 Purpose 5.02 Permitted Uses and Structures SECTION VI, Nature Preserve & Wildlife Sanctuary VI-1 6.01 Purpose 6.02 Function 6.03 Treatment Use 6.04 Permitted Uses and Structures 6.05 Regulations SECTION VII, Residential VII~i 7.01 Purpose 7.02 Maximum Dwelling Units 7.03 General Description 7.04 Permitted Uses and Structures 7.05 Development Standards SECTION VIII, Community Shopping & Business Office Center VIII-1 8.01 Purpose 8.02 Permitted Uses & Structures 8.03 Minimum Yard Requirements 8.04 Building Separation 8.05 Minimum Floor Area of Principal Structures 8.06 Maximum Height PAGE 8.07 Minimum Off-Street Parking & Off-Street Loading VIII-3 Requirements 8.08 Minimum Landscaping Requirements 8.09 Signage 8.10 Site Development Plans 8.11 Size SECTION IX, General Development Commitments IX--1 9 01 Purpose 9 02 PUD Master Development Plan 9 03 Clearing, Grading, Earth Work & Site Drainage 9 04 Utilities 9 05 Solid Waste Disposal 9 06 Recreational Facilities 9 07 Traffic Improvements 9 08 Streets 9 09 Exceptions to Coun[y Subdivision Regulations 9 10 Polling Places '~ 9 11 Environmental Stipulations 9 12 Water Management Stipulations 9 13 Fire Station SECTION I STATEMENT OF COMPLIANCE This development of approximately 500 acres of property in Section 21, Township 48 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as THE WOODLAND.S will comply with the planning and development objectives of Collier County as set forth in the Comprehensive Plan. The residential and commercial aspects of the development together with associate,] recreational facilities will be consistent with the growth policies and land development regulations of the Comprehensive Plan Land Use Element and other applicable documents for the following reasons: 1. Project development will be compatible with and complimentary to the surrounding land uses. 2. The Project shall comply with the applicable zoning and other regulations. 3. The Project shall utilize natural systems for water management, such as existing drainage areas and environmental sensitive areas in accordance with their natural functions and[ capabilities. 4. The development areas are being well separated from the environmental sensitive areas and the value and functions of the environmental sensitive areas will not be unduly adversely affected. by the development. 5. The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density of 2.2 residential dwelling units per acre for THE WOODLANDS, therefore, is consistent with the Collier County Growth Management Plan density rating system. 6. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 7. The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3.1H and 3.1L of the Future Land Use Element. 8. The project contains land uses and densities which make it compatible with and complementary to adjacent existing and future land uses, as required by Policy 5.4 of the Future Land Use Element. SECTION I - PAGE / SECTION II PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2.01 INTRODUCTION AND PURPOSE It is the intent of the owner and project coordinator to establish and develop a Planned Unit Development on approximately 500 acres of property located in Collier County, Florida, on the north side of Immokalee Road (C.R. 846), approximately 1.3 miles east of 1-75. It is the purpose of this document to provide the required detail and data concerning the development of the property. 2.02 NAME The development shall be known as THE WOODLANDS. 2.03 LEGAL DESCRIPTION See attached Exhibit "B" 2.04 TITLE TO PROPERTY The property is owned by the Immokalee Road Partnership (beneficial interest). The project coordinator is John Wanklyn, whose address is 1100 Fifth Avenue South, Suite 201, Naples, Florida 34102. 2.05 GENERAL DESCRIPTION THE WOODLANDS is a Development of Regional Impact, consisting of 500.11 acres, located on the north side of Immokalee Road (CR 846), immediately east of Longshore Lakes PUDand approximately one mile west of CR 951. 2.06 SITE DEVELOPMENT PLAN APPROVAL PROCESS Site Development plan approval, where required by the Land Development Code, shall follow the procedure as outlined in the Collier County Land Development CDde. 2.07 DEVELOPMENT REGULATIONS A. Regulations for development of The Woodlands shall be in accordance with the contents of this PUD ordinance and applicable sections and parts of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD ordinance) and Growth Management Plan 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 SECTION II - PAGE 1 and Preliminary Work Authorization. Where these regulations fai ~ to provide developmental standards then the provisions of the moyl similar district in the County Land Development Code shall appl SECTION II - PAGE 2 ! SECTION III PROJECT DEVELOPMENT 3.01 PURPOSE The purpose of this section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. 3.02 GENERAL PLAN OF DEVELOPMENT The general plan of development of THE WOODLANDS is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities, bicycle and jogging trails and preserve areas. 3.03 WETLANDS The applicant recognizes the importance of the wetland areas. The applicant also recognizes the importance of setting aside and not developing those areas and other areas which are environmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques to integrate the needs of the future residents of the community and the public: interest in planning its careful and limited use of environmentallV sensitive areas. This plan offers ample open space and other amenity areas to the residents. SECTION III- PAGE i ! SECTION IV LAND USE AND REGULATION 4.01 PURPOSE The purpose of this section is to set forth the land use and regulations for development of the property identified on the master plan. 4.02 PROJECT PLAN & LAND USE TRACTS The project plan, including street lay-out and land use, is iljustrated in Exhibit "E", "Master Plan" Included is a schedule of the intended land use types with approximate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permitted at final design to accommodate topography,. vegetation and other site conditions. 4.03 PROJECT DENSITY The total acreage of THE WOODLANDS is approximately 500 acres.. The maximum number of dwelling units to be built on the total acreage is 1100. The number of dwelling units per gross acre is approximately 2.20. The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. 4.04 SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property; however, it is estimated that total build out will take approximately seventeen to twenty years. Exhibit "F" indicates, by phase, the estimated absorption of units (by unit type) over the approximate life of the build out of the project. The estimate may, of course, change depending upon future economic factors. 4.05 RECREATIONAL FACILITIES AND SCHEDULE The following recreational facilities are scheduled to be constructed for the use of the residents of THE WOODLANDS, although some of the facilities may be private in nature and require membership and membership fees. The schedule for development of these facilities relates to the absorption schedule of the project towards build-out. 1. Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (117.41 acres); 2. Swimming pool; 3. Bicycle paths and sidewalks; SECTION IV - PAGE i 4. Nature trails; 5. Passive recreational uses of wetlands and transitional areas (Preservation 176.2 acres minimum); where allowed by environmental permits 6. Parks (3.9 acres minimum). 4.06 NATIVE VEGETATION RETENTION Pursuant to Policy 6.4.7 of the Conservation and Coastal Management Element, the native vegetation retention requirements for the project, which are twenty-five (25) percent of the gross land area, are deemed to be satisfied by the 172.2 acre preserve, park and wildlife sanctuary, depicted on Exhibit "E" of the general plan of development for THE WOODLANDS. 4.07 COMMON ;LREA MAINTENANCE Common ares maintenance, including maintenance of common facilities, olDerl spaces, preservation areas, and the water management facilities shall be the responsibility of a Property Owner's Association. TABLE I THE WOODLANDS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 1,100 Units ACREAGE RESIDENTIAL 133.0 Acres COMMERCIAL (165,000 sq. ft.) 12.5 Acres GOLF AND COI~TRY CLUB, LAKES AND OPEN SPACE 157.8 Acres WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 176.2 Acres SECTION IV PAGE 2 SECTION V GOLF COURSE 5.01 PURPOSE The purpose of this section is to set forth regulations for the area designated on Exhibit "E", "Development Plan", as Golf Course. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, of other than the following: A. Permitte.~ Principal Uses and Structures 1. Golf Course 2. Golf Clubhouse and Country Club 3. Water Management Facilities B. Permitted Accessory Uses and Structures 1. Pro--shop, practice driving range, and other customary accessory uses of golf courses or other recreational. facilities. 2. Sma].l commercial establishments, including gift shops, golf equipment sales, restaurants, co2ktail lounges, and similar uses intended to exclusively serve patrons of the golf and country club or other permitted recreational facilities. 3. Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4. Tennis and other racquet sports courts. 5. Maintenance shops and equipment storage. 6. Non-commercial plant nursery. C. General Requirements 1. Overall site design shall be hazcmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment cf buffer areas. 2. Buildings shall be set back a mhnimum of fifty (50) feet from abutting residential districts and t~enty five (25) feet SECTION V - PAGE 1 from tract boundaries except commercial areas and the set back areas shall be landscaped and maintained to act as a buffer zone. 3. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring property from direct glare or other interference. D. Maximum Height Fifty (50) feet above the finished grade of the lot. E. Off-Street Parking The off-street parking will be as required by the Collier County Land Development Code. F. Off-Street Parking Landscaping Landscaping shall be provided as required by the Collier County Land Development Code. G. Storage of Toxic Substances Storage of substances identified on EPA Toxic Substance List shall be in accordance with Section IX hereof. SECTION V - PAGE SECTION VI [~TURE PRESERVE AND WILDLIFE St~CTUARY 6.01 PURPOSE The purpose of this section is to set forth the function, treatment and use of the Preservation Area designated as such on Exhibit "E". 6.02 FUNCTION The primary function shall be the preservation of .~n attractive resource community, wildlife habitat and sanctuary, retention of water during rainy seasons and a ground recharge area as well as a water quality improvement facility. The area will also provide unique recreational opportunities and an aesthetic experience for the pleasure ~f project residents. 6.03 TREATMENT USE The treatment of these areas shall be the preservation and protection of flora and fauna with the exception of jogging trails, boardwalks, nature trails, and roadways u]pon approval by the Development Services Director. Another o]Djective will be ~uo prohibit vehicles and construction equipment.~ unless specifical].y approved by the Development Services Direclzor for maintenance, limited access or other required or permitted activity. Removal of obnoxious exotics, ie. Melaleuca, Schinus, andL others in accordance with environmental permits and Division 3.9 o£ the Land Development Code will be required. A maintained water management system that meets the requirement of agency permits will be estab.lished for the area. The water management system for the project will restore the historical water levels and water level fjustuations within the current adversely impacted cypress strand. Surface water runoff will be directed through grassed areas and swales into numerous lakes to provide retention and bio-phy~ical scrubbing of pollutants. The lakes will in turn discharge into the natural cypress flow-way which will provide additional retention, filtration and uptake of materials within the water column. [See Water Management Plan submitted with this application or as may be revised and/or updated for further details.] The final design and location of roadways and water management berms crossing environmentally sensitive areas shall be approved by the County engineer, Development Services Director, other appropriate County departments, and other governmental permittin!] agencies. SECTION VI - PAGE 1 6.04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may 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. Limited access roads. 2. Nature trails and pedestrian and golf cart boardwalks. 3. Paths and bridges to provide access from the uplands through the area. 4. Water management facilities. 5. Other facilities for recreation, conservation and preservation when approved by the Development Services Director. 6.05 REGULATIONS A. General 1. All development including clearing, grading and/or other earth work shall be in accordance with the commitments in Section IX of this document and approved by the Development Services Department. 2. All structures or other develop.nent shall be subject to receipt of necessary permits and authorizations from applicable County, State and Federal Governmental agencies. SECTION VI - PAGE 2 ! SECTION VII RESIDENTIAL LA/qD USE DISTRICT 7.01 PURPOSE The purpose of this Section is to identify permitted uses and development st. andards for areas within THE WOODLANDS designated on Exhibit "E", PUD Master Plan, as R. 7.02 MAXIMUM [)WELLING UNITS A maximum number of 1,100 residential dwelling units may be constructed on lands designated R. 7.03 GENERAL DESCRIPTION Areas designated as R c'~ the PUD Master Plan are designed to accommodate a full range of residential dwelling types and compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The apprcximate 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 de'velopment tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, 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. 7.04 PERMITTED USES ~uND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or par{l, for other than the following: A. Permitted Principal Uses & Structures: 1. Single family detached dwellings 2. Single family units as individual structures or as combinations up to and including eight attached units per structure. Such unit types with marketing descriptions of single family attached[, duplex, patio, cjuster attached, cjuster detached., villa attached or detached, townhouses and zero lot lines are permitted. 3. Water management facilities. SECTION VII - PAGE I ! 4. Parks, open spaces and other recreational outdoor facilities. 5. Sewage treatment, water treatment and water storage. 6. Multi-Family Dwellings including Garden Apartments. 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 "R" District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Model homes and model dwellin~i units in conjunction with promotion of the development for a period not to exceed three years from the initial use as a model. 3. Temporary sales facilities for the initial sales of units for a specific project as permitted by the Collier County Land Development Code in effect at the time building permits are requested. 4. Tennis courts, handball and racquetball courts, swimming pools,. shuffleboard courts and other similar facilities. 5. Signs as permitted by the Collier County Land Development Code in effect at the time a building permit is requested. 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" District. 7.05 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the! "R" Residential District. B. Site development standards for category 1 uses apply to individual residential lot boundaries. Category 2 and 3 standards apply to platted parcel boundaries. C. 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. SECTION VII - PAGE 2 ! D. Deve].opment standards for uses not specifically set forth in Table II 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. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved in accordance with Article 2,. Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to the PUD. F. No attached single family homes may be located between two detached single family homes if they are a part of the same platted block. G. Single Family zero lot line dwellings are identified separately from single family detached dwelling with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Tab].e II. Zero lot line dwellings shall be defined as any type of detached or attached single family slzructure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1 through Subsection 2.6.27.4.4.3. H. Principal use structures which a~ce identified herein shall have a minimum of two parking spaces per dwelling unit. The Director may permit a 1/2 space per unit to be unpaved when circumstances indicate infrequent use. However, those unpaved spaces shall be left in natural vegetation and reserved for future paving if deemed to be necessary by the Development Services Director. I. Landscaping shall be provided as required by the Collier County Land Development Code in effect at the time a building permit is requested. J. A landscaped buffer shall be provided along any tract boundary adjacent to THE WOODLANDS project boundary including adjacent to the roadway along the east and wesiL project boundaries. A landscaped buffer is not required along trac~2 boundaries adjacent. to internal roadways where a preservation area exists or where the golf course exists. The design of the buffer shall meet the standards of the Collier County Land Development Code in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. K. Differing housing types on the ~Bame tract must be compatible, unless the following standards are adhered to: SECTION VII - PAGE 3 ! 1. The differing housing types are physically separated into discrete areas, such as separation by common amenities or water management areas; or 2. Landscaping or berms/walls are provided meeting the standards of Division 2.4 of the Collier County Land Development Code. SECTION VII - PAGE 4 ! TABLE II THE WOODLANDS DEVELOPMENT STANDARDS FOR RESIDE~.FIAL AREAS PERMITTED USES SINGLE PATIO DUPLEX MULTI° AND STANDARDS FAMILY AND VILLAS FAMILY DETACHED ZERO LOT TOWNHOUSES AND LINE GARDEN MULTI- APARTMENTS FAMILY (4 OR MORE LOW RISE STORIES) Category 1 2 3 4 Minimum Lot 6,000 SF 5,000 SF n/a 1 AC Area Minimum Lot Corner Lot 45 n/a 150 Width 75 Interior Lot 60 Front Yard 20 20*~ 20 Side Yard 10 10 ,~ Rear Yard 15 ,4 ,~ Maximum 40*3 35 40~3 Building Height Distance 20 10 15 Between Principal Structures Principal 1,000 S.F. 1,000 S.F. 1,000 S.Fo Structure Floor Area Min. (S.F.) All distances are in feet unless otherwise noted. 1. Single family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce front yard requirement to five (5') feet for the garage and fifteen (15') feet for the remaining structures. 2. Fifty feet from major collector roads designated on the Master Plan, twenty-five feet from tract or development parcel lines and/or from the edge of the gutter or private road, twenty-five SECTION VII - PAGE 5 feet or one-half the height of the structure, whichever is greater, except that detached accessory structures shall be set back twenty feet or one-half the height, whichever is greater. 3. A principal use building shall be setback a minimum of 25 feet from tract/lot boundaries and all other uses shall be setback a minimum of 15 feet from tract/lot boundaries. 4. Zero (0') feet or a minimum of five (5') feet on either side except that where the zero (0') feet yard option is utilized, the opposite side of the structure shall have a ten (10') foot yard. Zero (0') feet yards may be used on both sides of a structure provided that the opposite ten (10') yard is provided. 5. Building height shall be vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure of the lot. Accessory buildings limited to 15 feet above fin.lshed grade. 6. Four habitable floors above parking. A maximum of seven habitable floors above parking may be appro'ved to enhance view corridors and to permit interface with preserve areas so long as not incompatible with adjoining properties upon approval of the Development Services Director through a conceptual or final site development plan. Buildings adjacent to the project's boundary property line on the west shall be limited to three habitable floors above parking. 7. Between any two principal structures -- one-half the sum of their heights but not less than 15 feet. 8. Between any two principal structures -- one-half the sum of their heights. Between any two accessory structures -- one-half the sum of their heights. In the case of clus~zered buildings with common architectural themes, the distance ma]~ be less, provided conceptual and/or final site development plan is approved. 9. 750 square feet of living area per dwelling unit within principal structure. SECTION VII - PAGE SECTION VIII COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER 8.01 PURPOSE The purpose of this section is to set forth the plan and regulations for the areas designated on Exhibit "E" Development Plan as Community Shopping and Business Office Center ("C"). 8.02 PERMITTED USES & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses 1 Antique shops 2 Appliance stores 3 Art studios 4 Art supply shops 5 Automobile service stations 6 Bakery shops 7 Banks and financial institutions 8 Barber and beauty shops 9 Bath supply stores 10 Bicycle sales and service 11 Book stores 12 Carpet sales-not including storage or installation 13 Child care center subject to site plan approval 14 Clothing stores 15 Cocktail lounges 16 Confectionery and candy stores 17 Delicatessens 18 Drapery shops 19 Drug stores 20 Dry goods stores 21 Florist shops 22 Food Markets 23 Furniture stores 24 Gift shops 25 Golf equipment and supplies 26 Golf driving range 27 Gourmet shop 28 Hardware stores 29. Health food stores and health facilities 30. Hobby supply stores 31. Ice cream stores 32. Interior decorating showrooms and office 33. Jewelry stores 34. Laundries SECTION VIII PAGE i 35. Liquor stores 36 Locksmith 37 Medical clinics 38 Millinery shops 39 Music stores 40 Offices, general and professional 41 Office supply stores 42 Paint and wallpaper stores 43 Pet shops and supplies 44 Photographic equipment stores 45 Post office 46 Radio and television sales and service 47 Restaurants 48 Shoe sales and repairs 49 Shopping centers 50 Souvenir stores 51 Stationery stores 52 Tailor shops 53 Tile sales - ceramic tile 54 Tobacco shops 55 Toy shops 56 Tropical fish stores 57 Variety stores 58 Veterinary office & clinics (no outside Kenneling) 59 Watch and precision instrument z~epair shops 60 Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. 61. Water management facilities B. Permitted Accessory Uses and Structures 1. Accessory uses and structures cus~omarily associated with the uses permitted in this district. 2. Temporary sales/information facilities may be permitted at the Director's discretion. 8.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and tract boundaries. A buffer area c,f at least 10 feet shall be maintained between parking areas and any roadways. 8.04 BUILDING SEPARATION All buildings shall be separated 20 feet or one-half the sum of their heights whichever is greater except that in the case of cjustered buildings with a common architectural theme. These distances may be less provided that a site development plan is approved by the Director. SECTION VIII - PAGE 2 8.05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES One thousand square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than one thousand square feet shall be permitted when site development plan approval has been received. 8.06 MAXIMUM HEIGHT 50 feet above finished grade of lot. 8.07 MINIMUM OFF-STREET PARKING & OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code of Collier County. 8.08 MINIMUM LANDSCAPING REQUIREMENTS As required by the Land Development Code of Collier County. 8.09 SIGNAGE Signs as permitted by the Collier County Land Development Code in effect at the time a permit is requested. 8.10 SITE DEVELOPMENT PLANS As required by the Land Development Code of Collier County. SECTION VIII - PAGE SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PURPOSE The purpose of this section is to set forth the standards for development of the project. 9.02 PUD MASTER DEVELOPMENT PLAN A. The PUD Master Plan and the Development Plan iljustrate a preliminary development plan. B. The design, criteria and lay-out iljustrated in the Master Plan and Development Plan shall be understood as flexible that the final design may comply with all applicable requirements and best utilize the existing natural resources. C. All necessary easements, dedications or other instruments shall be executed or granted to insure the con:ninued operation and maintenance of all service utilities. D. Minor design changes which are in the spirit of this document are permitted subject to staff review and approval. Staff shall review any proposed change for compliance with this document, compliance with the general intent of the Master Plan, compatibility with surrounding uses, and maintenance of the preservation areas. E. Overall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and location and treatment of buffer areas. F. To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown on the Development Plan which may be protected by a guard house or other limited access structure with the exception of temporary construction roads necessary to construct and build certain facilities on the project. G. Water management facilities and lakes shall be only the size and depth required to meet the needs of the developer for fill on the property or as required for water management and watezr quality purposes. The developer shall use the material excavated from these lakes as fill as needed on the site for road, buildin~ and general site grading. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Land Development Code Section 3.5.7.3.1. SECTION IX - PAGE 9.03 CLEARING, GRADING, EARTH WORK & SITE DRAINAGE All clearing, grading, earth work and site drainage shall be performed in accordance with all applicable state and local codes. Environmentally sensitive areas and protected plant species will be carefully marked and protected during construction using the best available management techniques so as not to hazcm any such areas or plants. 9.04 UTILITIES A. Water and Sewer 1. Water distributions and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all c'urrent requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 2. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3. All customers connecting to the water distribution and sewage collection facilities will be custcmers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the Coun~2y's off-site water and/or sewer facilities are available to serve the project. 4. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will SECTION IX - PAGE 2 install and operate interim water supply anJ on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5. An Agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, F. rior to the approval of construction documents for the proposed project, state that: a) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his a.~signs or successors until such time as the County's off-site water facilities and/o~r off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands approved by the County for development. The utility facility(ies) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consisten~L with State of Florida standards. All work related with this activity shall be performed at no cost to the County. c) Connection to the County's off-site water and/or sewer facilities will be made by the owners, the assigns or successors at no cost to the County within 180 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. d) At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or se~er facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and SECTION IX PAGE 3 ! those additional facilities required to make connection with the County's off-site water and/or sewer facilities; or 2) All water and sewer facilities required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary; e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County when County water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's water and/or sewer facilities the Developer, his assignees, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide! the County with a detailed inventory of the facilities served within the project and the en~i~y which will be responsible for the water and/or sewer service billing for the project. f) All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g) The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County at its option may lease for operation and maintenance the water distribution and/or sewage collection and transmission system to the project Developer or his assigns for the sum of $10.00 per year. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. SECTION IX - PAGE B. Data required under County Ordinance No. 80-112 showing the availability of sewage service, imust be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Developer shall submit a copy of the approved DEP permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. C. If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. D. When the County has the ability to provide sewage treatment and dtisposal and/or water supply and distribution services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be mutually agreed upon by the County and THE WOODLANDS owner, with THE WOODLANDS assuming all costs for the connection work to be performed. E. The project's Owner(s), his assigns or successors shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes. The Owner would be responsible for providing all on-site piping and pumping facilities from the County's point of deliver}, to the project and 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 THE: WOODLANDS has first rights to effluent generated by the project. F. The County may require, and the developer agrees to furnish a site up to 2 acres in size for 2 M.G. storage tank and re-pump facility at a mutually agreeable location. The County has until January 1, 1990 to notify the owner if the site will be required. The owner shall set aside the site for County use. In the event the tank and/or re-pump facilities have not been installed by 1995, the County shall relinquish its interest in the site. It is understood that the County may require THE WOODLANDS to install a water storage tank on .site if County water facilities are not available at the time occupancy of the development has commenced. Should the County desire to oversize these facilities in anticipation of future demands and growth when the County's water facilities are available to serve the project, the County shall negotiate a satisfactory method of reimbursement to the developer for such oversizing. G. Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage SECTION IX - PAGE 5 treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc. in effect at the time construction approval is requested. H. A detailed hydraulic design report covering the water distribution system to serve the project must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. 9.05 SOLID WASTE DISPOSAL Necessary arrangements and agreements shall be made with an approved solid waste disposal service to prcvide for solid waste collection service to all areas of the project. 9.06 RECREATIONAL FACILITIES The nature trails, bike paths, and other recreational areas and facilities and access thereto shall be maintained by a home owners association. In addition, any future recreationall facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the home owners association. Every residential unit owner of the development shall become a member of the home owners association. 9.07 TRAFFIC IMPROVEMENTS a. The proposed primary road within the project shall be classified and built to County Subdivision requirements for a minor collector. b. The PUD document, section 9.02-F, states that the roads may be private. The road through the commercial area may possibly be designated public providing all design requirements and stipulations of the Engineering Department are complied with at time of design and construction. c. The project shall be provided with three (3) access points to Immokalee Road. d. All access roads/drives shall be limited to the access points shown on the master plan. The proposed commercial areas shall not have direct access to Immokalee Road. All drives shall be connected to the access roads built by this project. e. All traffic control devices used, excluding street name signs, shall conform with the MUTCD (Chapter 316.0747, Florida Statutes). f. If the four laning of Immokalee Road has not been started, the developer shall provide an eastbound left turn storage SECTION IX - PAGE 6 lane and a westbound deceleration lane at each project entrance before any certificates of occupancy are issued. g. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project entrance when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. h. The developer shall provide arterial level street lighting at each project entrance. The operating and maintenance costs of these units shall be assumed by Collier County. i. The north-south local road on the western side of the project shall be constrained to a two lane (sixty foot (60') right of way) configuration over the north half of the project. 9.08 STREETS The streets within the project may be privately owned and maintained. The access streets which cross environmentally sensitive (permit required) areas will be minimized in width to reduce impacts on the environment upon approval of the County Engineer and the Development Services Department. Typical sections are attached as Exhibit "G" 9.09 SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS A. Land Development Code, Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived, except at entrances. B. Land Development Code, Sections 3.2.8.3.17, 3.2.8.3.18, and 3.2.8.4.16: Street right of way and cross-section for specified private roads shall be as shown on Exhibit "G"; provided that a sidewalk or bikepath be provided on both sides of four lane roads and the "primary" road shall meet subdivision requirements; for a minor collector. C. Land Development Code, Section 3.2.8.4.16: The 1,000 feet maximum dead-end street length requirement is waived. D. Land Development Code, Section 3.2.8.4.16: Back of curb radii at street intersections shall be a minimum of 30 feet for local roads only. E. Land Development Code, Section 3.2.8.4.16: The requirement for 100 feet tangent sections between reverse curves of streets will be waived if agreed upon by the County Engineer and the Development Services Department. SECTION IX - PAGE 7 ! F. Land Development Code, Sections 3.2.8.3.24 and 3.2.8.4.20: The requirement for blank utilLity casings shall be waived except at entrances, subject to installation of utilities prior to street construction. G. Land Development Code, Sections 3.2.8.3.11, 3.2.8.4.10, and 3.2.8.4.23: The requirement that PRM's be installed in typical water valve cover is waived. H. Right-of-Way requirements shall be determined in accordance with the general requirements of Division 3.2 Subdivisions, however, road right-of-way widths less than the typical requirements may be approved based on appropriate technical justification that insures that the public health, safety, and welfare will be maintained at the time of Application for Subdivision Master Plan. 9.10 POLLING PLACES Polling Places shall be provided in accordance with Collier County Land Development Code, and as may be amended in the future. 9.11 ENVIRONMENTAL STIPULATIONS A. Petitioner shall be subject to the County's Groundwatezc Protection Ordinance. B. Prior to commencement of construction, the perimeter of the protected wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in the South Florida Water Management District Permit, subject to the approval of the South Florida Water Management. District (SFWMD) and Collier County Development Services staff. The staking and roping shall remain in place until all adjacent construction activities are complete. C. Wetland preservation/mitigation areas, upland buffer zones, and/or upland preservation areas shall be dedicated as conservation and common areas in conservation easements as well as on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes, provided that said covenants shall not conflict with South Florida Water Management District Permit No. 11-01232S. D. Development shall be pursuant to the existing South Florida Water Management District Permit No. 11-01232S, and U.S. Army Corps of Engineers Permit No. 198990960].PMN. Any amendments to these Permits shall be subject to review and approval by Current Planning Environmental Review Staff. SECTION IX - PAGE 8 E. Buffer zones adjacent to the preserve areas shall be pursuant to SoUth Florida Water Management District Permit No. 11- 01232S. F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. Such plan shall be consistent with the requirements of Division 3.9 of the Collier County Land Development Code (CCLDC) and South Florida Water Management District Permit No. 11-01232S. G. Replacement and mitigation planrings shall be randomly spaced and/or clumped at the densities quot. ed in The Woodlands Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase I Construction), to emulate a more natural environment. 9.12 WATER MANAGEMENT STIPULATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Watezf Management Advisory Board and County Engineer. B. Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lakes in accordance with Collier County Land Development Code. D. Storage of hazardous materials in aboveground and underground tanks shall conform to the minimum requirements provided in F.A.C. 17-61. For the purpose of this stipulation, hazardous materials are defined as those materials addressed in the EPA's Toxic and Controlled Substance list. A Spill Prevention Control and Countermeasure Plan for all above storage and underground tanks shall be approved by the Water Management Director and Development Services Director, considering recommendations from the Environmental Science and Pollution Control Department Director. E. Construction activities on this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) SECTION IX - PAGE 9 designated farm crossings in Section 20 unless previously completed by other parties. F. When required by the County, the developer agrees to contribute his fair share on a pro-rata tributary area/run-off volume basis to implement the canal improvements to serve the remainder of the Cocohatchee Canal watershed. 9.13 FIRE STATION Prior to issuance of any building permits, a fire station serving this project must be operating within five (5) miles of the project. 3 a W~DLAND\ PUD. ~L October 24, 1996 SECTION IX - PAGE 10 EXHIBIT "B" Section 21, Township 48 South, Range 26 East, Collier County, Florida, less the South 100 feet thereof, being a Collier County canal right-of-way, also excepting the following described parcels located in said Section 21, E ~ of SW x~ of NW x~, and the W ~ of SE xX of NW x~, and the W ~ of SW 'X of SE x~, and the W and the SE x~ of SW x~ of E ~ of W ~ of SW x~ of SW ~, and the E ~ of SW x~ of SW x~. All of the foregoing subject to any limitations, dedications, reservations, restrictions or easements of record. Property contains: 500.11 acres ± 3*WOODLAND\LEGAL 50'o RO.W. RETIRED ~ LOCAL S~EETS) 12' ~ 0.02 ~ ~ ~2' ~PPR~R~A~ ~S~CA~ AND AD[QUA~ PRO~SIONS F~ U~LI~ES. 50'* R O.W. SECTION . SHA~ BE 40' (MINI. N.T.S. 2, CUL-DE-SAC R/W RADIIJS SHA~ BE 50' (U~N). aC' R.O.W. CONCRBTE SLOPE 12' "'~ 2:. , 2' 02 FT/F 12' 4' kilN. WAJ...K ~I: 2' VALJ..EY (~JTrER OR CURB 8' UMEROCK BASE (PRIMED) , GRADE (L.BR 40) ~ 60' R.O.W. SECTION E N,T.S, 100' R,O.W. I 24' 12' MIN 24' S S.ED,AN ~~ CX::) 12' 0.02 FT/F1 U'} 6' U~N. ' WALK CURB ' rr CO I R ~2' O I I/2' ASPHALllC R' LME OCK BASE (PRIkiED) TABIUZED SUB GRADE (LB:~ 4.0) / o 100' R.O.W. SECTION / N TS, EXHIBIT (",1 HOLE MONTE8 & ABBOCIATES THE WOODLANOS 0~ ':ERB-PLANNER~8URVEYOR8 / ROADWAY SIECTIONS~ :~ 715 i0th Street S,, Naples, FL $3939 - Phone: (941) 262-4617 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 t'he foregoing is a true copy of: ORDINANCE NO. 96 - 64 Which was adopted by the Board of County Commissioners on the 22nd day of October, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of October, 1996. DWIGHT E BRC~IK Clerk of Cour~zs and Clerk Ex-officio to Board.6.f County Commis:~ioner ~, .. ' j Deputy Clerk ................