Ordinance 95-04 ORDXNANCE 95- ,1
AN ORDINANCE AMENDING ORDINANCE NUTdBER
91-102 THE COLLIER COUNTY LAND
DEVELOPMENT CODE WHICH INCLUDES THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATLAS MAPS NUMBERED S527N, 8527S, 8525N,
8525S, 8534N, 8534S, AND 853536 BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM
"PUD", "A" AND "A/ST" TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS PELICAN MARSH
FOR PROPER~Y LOCATED IN SECTIONS 27, 34
AND 25 AND ALL OF SECTIONS 35 AND 36,
TOWNSHIP 48 SOU~I{, RANGE 25 EAST, COLLIER
COUNt"f, FLORIDA, CONSISTING OF 2075
ACRES; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 93-27, AS AMENDED, THE
FORMER PELICAN MARS}[ PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Alan D. Reynolds of Wilson, Miller, Barton and Peek,
Inc., representing WNC Communities, Inc., petitioned the Board of
County Commissioners to change the zoning classification of the herein
described real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA;
~e Zoning Classification of the herein described real property
located in Sections 27, 34 and 25, and all of Sections 35 and 36,
Township 48 South, Range 25 East, Collier County, Florida, is changed
from "PUD", "A" and "A/ST" 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 Maps Numbered 8527N, 8527S, 8525N, 8525S, 8534N, 8534S and
853536, as described in Ordinance Number 91-102, the Collier County
Land Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 93-27, as amended, known as the Pelican Marsh
PUD, adopted on May 25, 1993, by the Board of County Commissioners of
Collier County is hereby repealed in its entirety.
-1-
This Ordinance shall become effective upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the
Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this n~ day of ~, 1995.
.,
ATTEST: : BOARD OF COUNTY COMMISSIONERS
DWIGHT E~· BROCK, CLERK COLLIER COUNTY, FLORIDA
,
CHAIRMAN
APPROVED AS TO'.FORM AND
r~t ~OFrXC~L~CY
ASSISTANT COUNTY ATTORNEY
PUD-94-90RDINANCE/lgk/12S64
-2-
Fi~ICAN MARSH COMMUNITY
A
PLANNED UNIT DEVELO~
2075-t- Acres ~ in Sections 25, 27, 34, 35 & 36
Township 48 South, Range 25 East
Collier C.~nmry, Florida
PREPARED FOR:
WCN COMMUNITIES, INC.
801 L~urei Oak Drive
Suite 500
Naples, FL 33963
PREPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200
Naples, Florida 33942
DATE FILED 10/13/94
DATE REVIEWED BY CCPC I/5/95
DATE APPROVED BY BCC 1/'24/95
ORDINANCE NUMBER 95-4
EXHIBIT "A"
TABLE OF CONTEN'I]
LIST OF EXHIBITS ii
STATEMENT OF COMPLIANCE AND SHORT TITLE iii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCRIFFION
SECI]ON II PROIECT DEVELOPMENT 2-I
5Tr, CI~ON III RESIDENTIAL DISTRICT 3-1
SECTION IV GOLF COURSE, RECREATION & OPEN SPACE
DISTRICT
SECTION V RESERVE DISTRICT 5-1
SFX.."TION VI CULTURAL CENTER DISTRICT 6--1
SECTION VII ACTIVITY CENi-Ir, I~ DIh-I'RICT 7-1
SF. CI'ION VIII GENERAL DEVELOPMENT COMMITMENTS 8-1
LI~T OF EXH~F~
MASTER FLAN (Vv~Mt~P, Ir~. File No. RZ-219-H)
STATI~1~Fr OF COI~PLIA~CE
The purpose of this section is to expie. cd the intent of the WCN Communities, Inc., hereinafter
referred to u WCN or the Developer, to crea~ a Planned Unit Development ('PUD) on 2075:t:
acres of land located in Sections 2.5, 2"/, 34, 35, & 36 Township 48 South, Range 25 East,
Collier County, Florida. The name of this Planned Unit Development shall be Pelican Marsh
Community, The development of Pelican M~u'~ Community will be in genenJ compli~mce with
the planning goaJs and o~jectives of Collte~ County ,, ~ forth in ~e Growth Management Plan.
The developmere will be condst~nt with the growth policies and !~nd cL-.vclopment regulations
adopill ~ of the On:nvth M3z~cment PI~ Future Land Use Element and or. he
applicable re~ul~or~ for the following reasons:
1. 'I'hc subject propcry is wiffiin the Urban Mixed Use District/Urban Residential
Subdistrict u identified on the Future Land Use Map as required in Objective 1, of ~e
Future ~ Use Element (FLUE). The purpose of ~e Urban Residential Subdistrict is
to provide for higher density residential uses in an area with relafivcly few natural
resource constraints and where existing and planned public facilities are concentrated.
2. The proposed density of Pelican Marsh Community is 2.7 units per acre and less than
the maximum density permitted by the FLUE Density Rating System and is therefore
consistent with Future Land Use Element Policy 5.1. The entire subject property
qualifies for a base density of four units per acre:. Certain parts of the subject property
are furthe subject to density adjustments including a proximity to Activity Center density
bonus, roadway access density bo~us, and long range traffic congestion area and
inteeco,~nection density reduction, which when taken collectively and applied to the
property yield an allowable density greater than three units per acre.
3. Pelican Marsh Community is compatible with and complementary to existing and future
surrounding land uses as requinxl in Policy 5.4 of the Future l. smd Use Element.
4. Improvements are planned to be in subRantial compliance with applicable land
development rcguhdons u met forth in Objective 3 of the Future L~nd Use Element.
5. TI~e development of Pelican Marsh Community will result in an efficient and economical
extension of community facilities and services zs required in Policies 3.1 .H and L of the
Future Land Use Element.
6. Pelican Marsh Community is planned to incorporate natural systems for water
management in accordance with ~eir natural functions and capabilities as may be
required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
7. Pelican Marsh Community is a large scale functionally interrelated community, and is
planned to encourage ingenuity, innovation and imagination as met forth in the Collie
County Land Development Code Planned Unit D~,'vclopment District.
l~3e~uB.n,~ -111-
8. Pelican Marsh Community rq~sents a larg~ scale in~ll community wi[hin th~ Urban
District, fl~r~ry discouraging urban s~'awl as required by Policy :S.3 of the Future Land
Us~ E~ernenL
SHORT TITLE
This ordinanc~ shall be known and ci~xl as the 'PELICAN MARSH COMMUNITY PLANNED
UNIT DEVELOPIVfENT ORDINANCE'.
-iv-
SECTION I
LEGAL DESCIfl]rflON, PROPERTY OWNERSIIIP, AND GENERAL DESCRIPTION
1.I FURI~SE
The purpose of this section is to set forth the lcpl ___,~cd_ption and owncnhip of Poll
Mar~ Community, and to describe the hisring condition of the property proposed to be
develol>ed.
1..2 LEGAL DESCRIIrT/ON
PELICAN MARSH, being approxirnazcly 2075 acres, is lega/ly cle, k-~bcd as fol/ows:
B~NG at the southwest corner of Section 27, Township 48 South, Range 25 East,
thence aJong t~ wut line of said SccLion 27 and the utstcrly right. of-way line of U.S.
41 North 00'38'20' West 2623.40 lrcet to t~ west 1/4 corner of said Section 27;
tier, co continue along the west line of said Section 27 and said right-of-way Nort~
00'39'12" West 827.69 feet;
thence leaving said line North 89'20'45' East 3844.57 feet to the westerly fight-of-way
line of p~ C. codlct~-Frank Reed as recorded in P/at Book 13, page 58, Public
Records of Collier County, Florida;
thence aJong sajcl wr. sterly right-of-why line in the following four (4) described courses;
1) South 05'34'48" East 3545.96 ~'eet to the south line of said Section 27;
2) South 05'33'10' East 2642.17 feet;
3) soutl'~'rly 620.87 feet along t~e arc of a circular curve concave wutcfiy having
a radius of 2799.93 feet throug~ a ccnLraJ angle of 12'42'18" and being
subtended by · chord which bean South 00'47'59' West 619.60 feet;
4) South 07'09'08' West 1675.6¢ feet to t~ boundary line of the plat of Pine Ridge
Second Extrusion as recorded in Plat Book 10, page 86 of ~e Public Records of
Collier County, Florida;
thcnce along the boundary of s~id Pine Ridge Second Extension in t~e following eight
(8) described courses;
1) South 89'50'58' West 88.21 feet;
2) North 31'34'00" West 120.19 feet;
3) North 05'37'10" West 956.47 feet;
4) South 74'46'39" West 379.98 feet;
5)South 12'04'43" East 23.53 feet;
South 87'09'43' West 272.40 feet;
7) northwesterly ]854.46 fcct along the arc of a noa-ta~llcntial circular curve
concave southwesterly having a radius of 1640.26 feet through a central angle of
64'46'40' and being subtended by · chord which bears North 48'50'02" West
1757.26
8) North 81'13'22" West 737.85 feet;
thence leaving said plat boundary North 00'03'39" West 707.85 feet;
thence South 89'33'32" East 336.81 feet;
thence North 00'26'28" East 180.64 feet;
thence northerly 37.60 feet along the an: of a circular curve concave easterly having a
radius of 130.00 feet through a centnl angle of 16'34'19' and being subtended by a
chord which bean North 08'43'37' F.,tst 37.47 fe~;
thence North 17'00'47' East 181.41 fe~;
thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly
having a radius of 395.00 feet thrcmgh a central angle of 94'59'52' and being subtended
by a chord which bears North 30°29'09' West 582.44 feet
~ North 77'59'05' West 144.30 fe~;
thence northwegerly 418.87 feet along the arc of a circular curve concave nobly
having a r~tus of 860.00 feet through a cz:ntnl angle of 29'59'57' and being subtn~ded
by a chord which bears North 62'59'06* West 414.10 feel
thence North 47'59'08' Wesl 100.03
thenc~ westerly 615,18 feet along the are of a circular curve concave southerly having
a radius of 826.09 fact tlm~gh a cen~-al angle of 42'40'04' and being subtended by a
chord which bears North 69'19'10' West 601.07 feet;
thence South 89 '20'48' West 204.55 feet to the west line of said Section 34, and the east
Hght-of-way l~n~ of U.S, 41;
thence along said !h'}e North 00'39'20" West 665.92 feet to the Point of Beginning;
containing 577.31~ acres more or less;
subjecZ to easements and restrictions of record;
AND TOG~"THER WITH THE FOLLOWING DESCRIBED PARCEL;
BEGINNING at the northwe.st corner of said Section
thence along the north line of said Section 35 North 89'45'35" East 5231.69 feet to the
west right-of-way line of Airport-Pulling Rood (C.R. 31);
thence along sa~d w~terly right-of-way line South 00'31'47" East 5258.31 feet to the
south line of said Scion 35;
thence along said south lithe South 89'39'22' West 2541.65 feet to the south I/4 comer
of said Section 35;
thence continue alot~g sald south lir~e South 89'39'32" West 2641.33 feet to the
southwest corner of said Section 35;
thence along the south line of said Secfjon 34 South 89°51'02" West 391.57 feet to the
boundary line of a parcel described in O.R, Book 524, page 12 1 of the Public Records
of Collier County, Florida;
thence along the boundary of said parcel North 01 '03'33" West 295.29 feet;
thence continue along the bout~dary of said parcel South 89'51 '02" West 443.28 feet
the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book
13, page 58 of the Public Records of Collier County, Florida;
thence along said easterly Hght-of-way line North 07"09'08" East 1729.52 feet;
thence continue along said easterly ~ght-of-way line northerly 649.69 feet along the arc
of a circular curve concave westerly having a radius of 2929.93 feet through a central
angle of 12'42'18' ~d being subtended by a chord which bears North 00047'59" E,~st
648.37 feet;
t.h~nce cominue along hid right-of-way li~ N~ 05'33'10" W~t 2628.~ f~ ~ a
~t ~ ~ ~ li~ of ~d ~ ~;
~ l~g ~d ~t~f-~y ~ ~d ~g ~c no~ linc of ~d S~fion 34 ~u~
89'31'3l* ~ ~.91 f~ ~ ~ P~nt of~ning;
~g 708.39 ~ ~ ~ I~;
~bj~ ~ ~ ~ ~s of ~;
~ T~~ ~ ~ FO~O D~~ PAR~
B~O ~ ~ ~ ~ ~ ~d ~ 36;
~ ~g ~ S It~ d ~d ~, ~ ~' 12'~'
~ 2671,63 f~ ~ ~ ~ ]/4 = of ~d ~ ~;~ =~n~ ~g
Ii~ of ~d ~ 36 ~ ~'~'28' ~ ~19,08 f~ m · ~tnt ~ ~ n~ly
~ ~g ~d ~y ~t~f-~y li~ N~ ~'39'39' Wut 2855,35
~ ~a~ ~g ~d li~ N~ ~'43'59" W~ ~,~ f~ ~ a ~int ~ ~e
~ly fight~f-~y li~ ~ ~-~lling ~ (C,R, 31);
· ~ ~g ~d ~ly ~ght~f-~y ii~ No~ ~'31'47" W~t ~,~ f~t
~ ~ of ~ ~ 15 f~ of ~e wut 115 f~t of ~c ~u~ ~ f~ of ~e n~
619,49 f~ of ~d ~ 36;
~ ~g ~ ~ ~ of ~ ~ No~ ~'27'57' ~ 15,~ f~;
~ ~g ~ ~ ~ of ~d ~ N~ ~'31'47" W~ ~,~ f~t;
~ ~g ~e ~ H~ of ~d ~ ~ 89'~'57' W~ 15.~ f~t ~ ~e ~t
~t~r-~y li~ of Ai~ ~ (C.R. 31);
~ ~g ~d ~t~f-~y N~ ~'31'47" W~ 539,49 f~ m ~ n~
~d ~
of ~ ~ I~ of ~ ~ 1~ of ~d ~ ~;
~ ~g ~e ~t li~ of ~e ~ I~ of ~e ~ I~ of ~d S~ ~ No~
· ~ ~n~ ~g ~ ~ line of ~c ~ 1~ of ~c ~t I/2 of ~d S~ 25
N~ 01'57'16" Wc~ ~67,~ f~ ~ a ~int ~ ~c ~u~crly fight~f-~y Ii~ o[
Im~ ~ (C.R. ~;
~ ~g ~d ~ght~f-~y N~ ~'14'36' ~ 13~,57 f~ m ~ ~t line of ~d
· ~ ~g ~d S li~ of ~ ~ ~ ~'~'59" ~t ~,75 r~ to ~ ~t
1/4 = of ~ ~;
~ ~t of ~;
~n~ning 789,67 acr~ more or !~;
to~ ~I con~ns 2~5,~ =~ morg or I~s;
subj~ ~ =mcnt~ ~ r~cdons of ~rd;
~ngs ~c b~ ~ ~c S~z PI=e ~>rdi~t~ 1983 datum 1~ adjustm~t,
line of S~tion 35, ~ing No~ 89'45'35' ~t.
1-3
PROI~ERTY OWNERSlIIP
The subject ln'operty is currently under the equitable ownenhip or control of WCN
Communities, Inc., who~e address is 801 Laurel Oak Drive, Suite 500, Naples, Florida
33963. Daailed ownership information is provided on Attachment 4-1 of the Pelican
Marsh Community Appiic~tion for Development Approval.
GENERAL DESCRIFIION OF PROPtllTY
A. The project site is located in S~ctjons 25, 27, :34, 35, & 36 Township 48 South,
Range 25 East, and is geunlly bordered on the weft by Tamiami Trail Nor~
(U.S. 41); oa the north by mx~dopal land, Victoria Park Subdivision, Cr~:~'nt
Lake Estates, Pour Seasons and lmrnolalce Road (C.R.846'); on the east by the
future Livingston R~; and on Lhe south by Pine Ridge Subdivision and
V~lcrbilt Beach Road, Monterey PUD, Emerald Lalcc~ PUD, and Vincrards
PUD. The location of the site is shown on Map A of the Pelican Manh
Community Applica~on for Development Apprcrva/.
T~ zoning claui~cation of the subject property as of this submittal is PUD
(Planned Unit DevelopmenO, A (Rura/Agricultural) and A-ST.
C. E/cvafions within the site range from 6' to 14' above mean sea icyel with an
average ofapproxima~y 11.0 feet. Per FEMA Firm Map Panels Nos. 120067-
0193D, 019'5D, 0381D, and 0385D dated lune 3, 1986, the Pelican Marsh
propcay is located within both zones 'AE' and *X*. Topographic mapping is
shown on Map C of U~e Pc/ican Marsh Community Application for Dcvclopmcnt
AppronJ.
D. The soil types on the site generally include lmmoka/ee fine sand; Myak,ka fine
sand; Hzllandale fine sand, Pincda fine sand, Iimutonc substature, Basinget fine
sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobce, Winder
a~d Gator, dcpre~or~; Holopaw and Ob:cl~nta soils dcpressional; Boca,
Riviera, limestone substratum; Copeland fine sand; Holopaw fine sand; Urban
l,~nd; Urban Land Holopaw Basingcr Comp3cx; Urba~ Land ImmokaJcc Oldsma.r
Limestone Substratum complex; Satellite fine sand; and Urban Land
Complex. Soil C. onscrv~on Service mapping of soil types is shown on Map E
of the Pelican M~,rsh Community Application for Development Approval.
E. Prior to dcveJopment, vegetation on site primarily consisted of agricultural fields,
(active and abandoncd) including agricultural facilities, pine ~atwcxxls, Brazilien
Pcppcr, and Mclalcuca domina~! areas, Cyprcs,~ and mixed pine and Cypress,
disturbed ar~as, and Saw Palmetto pra~es. Dcta.iled vegetation mapping iS
shown on Map F of the Pelican Marsh Community Appli~tion for Dcvclopmcnt
Approvzl.
F. The project site is located within the Cocoha~hcc Rivcr Basin as depicted within
the Collier County Drainage Atlas (1993). The $cncra/surface drainage pattern
of the site we~t of Airport Road runs in a south to north direction into ~e Pine
Ridge Canal. The drainage pattcrn of the site east of Airport Road runs in a east
to west dlx~c6on into the Ah-lx~rt Road Canal. Both canals eventually discharge
into the Cocohatchee Rive~. The Stormwater Msnagement Master Phn is shown
on Map I of the Pelican Marsh Community Application for Development
Apprm'sl.
1,~ DEVELO~ OF REGIONAL IMPACT
Due m its scope, the Pelican Msnh Community has been r~viewed stud approved by
Collier County pursuant to S4ck-'tion 380.06, ~il~, as a Development of
Regional Impacl (DRD. WCN has also _z?2c~___'ved approval from the Florida Department
of Community Affain (DCA) for an applicazion for a Preliminary Development
Agrnnnent (PDA) encompassing 1,086.5 acr~ of the Pelican Marsh Community. This
apl:n'ovzl ~ the Stat4s'z ~'on for the commencement and development of
the first phase of the community, which is below 80% of any applicable DRI threshold.
1.6 DENSITY
Acreage of the Pelican Maf-,h Community is approximately 2075 acres and the number
of dwdlinz units authorized to be built pursuant to this PUD is 5600. The gross project
d~nsity, therefore, will be z maximum of 2.7 units per acre.
At all times aH property inclt_ntJe~__ within the Pelican Marsh Community shall be included
in determining project density including property ruefred or dedicated for public uses,
such as, but not limited to, public roadways.
SECTXON FI
PROJECT DEVELOP?dENT
2.1 PURPOSE
The purpose of this Section is to generaJly describe the plan of development for Pelican
Max~h Community, and to identify relationships to applicable County ordinances,
;x~ltcies, and procedures.
2.2 GENERAL DESCRIIrlTON OF PROJECT PLAN AND PROPOSED LAND USES
PeLican Marsh Community, a private ~omrnunity, will include a broad range of single
family and multi-family housing, two 18-hole golf courses with clubhouses and other
axsociatt~d facilities, a master planned activity center, a cultural center, stormwater
management lakes, open spaces, and rest-rye areas.
The Master Plan is illu.szr~___te~_ gr~hic~y on WMB&P, Inc. Ftle No. RZ-219-H. A
Land Use Summary indicating approximate land use acreages is shown on the plan. The
location, size, and configuration of individual tram shall be determined at the time of
Preliminary Subdivision Plat approval with minor adjustments at the time of lrmal Plat
approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the CoLlier
County L2M IX'vclopment Code.
2..3 GENERAL COP, fFLIANCE WIT!I COUNTY OP-.DINANCES
A. Regulations for development of Pelican Marsh Community shall be in accordance
with the contents of this PUD Ordinance and applicable sections of the Collier
County Land Development Coee (to the extent they are not inconsistent with this
PUD Ordinance) which axe in effect at the time of issuance of any development
order to which said regulatiorts relate which authorizes the construction of
improvements, such as but not limited to Final Sub<livision Plat, Final Site
Development Plan, Excavation Permit and Preliminary Work Authorization.
Preliminary Work Authorization was approved by the Board of County
Commissicn~ers on May 20, 1993 and amended on April 19, 1994. Where this
PUD Ordinanc~ or subsequently adopted Community Design Guidelines and
Standards fail to provide developmental standards, then the provisions of the most
similar zoning district or section of the Collier County Land Development Code
shall apply.
B. Unless otherwise defined heroin, or as necessarily implied by context, the
definitions of all terms shall be the same as the clefinitions set forth in the Collier
County Land Development Code in effect at the time of development order
application.
2-1
C. Development pertained by the approval of this PUD will bc subject to a
concut, e~-~3t review under the Adequate Public Facilities Ordinance Article 3,
Division 3.15 of the Collier County Land Development Code.
D. Unlera modified, waived or acepted by this PUT) or by subsequent request, the
provisions of other applicable land development codes remain in effect with
rcqxct to the development of the land which comprises this PUD.
E. All conditions imposed berein or u rel~'esentcd on the Pelican Marsh Community
Master Plan are pat~ of the rcguhtions which govern the manner in which the
F. The Subdivisions Division of the Collift County I. And Development Code (Article
3, Division 3,2) shall apply to Pelican Marlh Community, except where an
exempt[on is set forth herein or otherwise granted pursuant to Land Development
Code Section 3.2.4.
G. The Site Development Plans Division of the Collier County Land Development
Code (Article 3, Division 3.3) s2xall apply to Pelican Marsh Community, except
where an exernptio~ is set forth herein or otherwise granted pursuant to Land
Development Code Section 3.3.4.
2.4 COMMUNITY DEVELOPMENT DISTRICT
The developer has established the Pelican Marsh Community Development District
(PMCDD) to design, construct, marage, and maintain infra.uructure and community
fEll|ties needed to grve the Project. The PMCDD constitutes a timely, efficient,
effective, responsive and economic way to ensure the provision of facilities and
infrastructure for the proposed develoi~mmt. Such infrastructure as may be constructed,
managed and financed by the PMCDD shall be subjeci to, and shall not be inconsistent
with, the Collier County Growth Management Plan and all applicable ordinances de3/ing
with p|anning and permitting of the Pelican Manh Community.
7he land area is amenable to infraswa~ure provision by a district that has the powers set
forth in the charter of a Community D~.wclopment District under Section 190.006 through
190.041, ~. Such a district is a legitimate alternative available both to the
County znd to the !andowner for the timely and sustained provision of quality
infrastructure under the terms and conditions of County development approval.
2.5 ROADWAYS
Roadways within the Pelican Mar~ Community are included as one of the PMCDD
provided infrastructure improvetmmts. Standards for roads shall be in compliance with
the applicable provisions of Collier County Land Development Code regulating
subdivisions, unless o(herwise modified, waived or exccptexl by this PUD or appwved
during Preliminary Subdivision Plat approval. The Developer reserves the right to
request substitutions to Code design standards in accordance with Article 3, Division
wa~ .~.=, 2-2
3.2., Section 3.2.7.2 of the Collier County bnd Development Code. The Developer,
aim reserves the right to estabHam gates, guardho,_,__,es_, and other acces.~ controls as may
be deemed appmptia~ by the Developer on all privately owned and maintained project
2.6 LAKE SETBACK AND EXCAVATION
The ~ setback rm~luirements described in Article 3, Division 3.5, Section 3.5.7.1 of
the Collier County Land Development Code may be reduced with the administxatlve
approval of th~ Coilin' County Development Services Director and the Pelican Marsh
Design Review Committee 0MDRC). AH lalzl greater than two C2) ac~ may be
excavated to the maximum comrnerc~ excav~lon depths sei forth in Section 3.5.7.3.1.,
however r=moval of fill from Pelican btanh Community sha/l be limited to an airmount
up to 10 percent per lai= (to a maximum of 20,000 cubic yards) otr the total volume
excavatt~d unless a commercial excavation pertnit is received.
2.7 USE OF RIGIll'S-OF-WAY
Utilization of lands within all project tights=of-way for lands:~ping, decorative entrance
ways, and signage may be allowed subject to review and admLnistntive approval by the
tX. veloper and the Collier County Development Services Director for engineering and
safety considerations during the development review process and prior to any
MODEL ItOME~/SALES ~
Model homes, sUes centers and other ttscs and structures related to the promotion and
sUe of real estate such as, but not limited to, pavilions, viewing platforms, gazebos,
parking axeas, tents, and signs, shall be permitted principal uses throughout Pelican
Marsh Community subject to th~ requirements of Article 2, Division 2.6, Section
2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land
DeveVopment Code.
2.9 CIIANGES AND AMEND/~IENTS TO FUD DOCtYiVIENT OR PUD I~!ASTER PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land
Development Code. Minor changes and refinements as described in Section 8.3 of this
PUD document may be made in connection with any type of development or permit
application required by the Collier County Land Development Code.
2.10 CO~wlMON AREA MAINTENANCE
Most common area rnainten.'~nce will be provided by the PMCDD. The PMCDD is a
legitimate alternative for the timely and suslajned provision of qua/ity common area
infrasttt~clure and maintenance under the terms and conditions of a County development
approval. For those areas not maintained by the PMCDD, the Developer has created a
srnm-o,~.~ 2-3
property owners association or associations, whose functions shall include provision for
the perpetual maintenance of common facilities ~nd open sl~_c_~s_. The PMCDD or the
properly owners association, as spplicable, shall be responsible for the operation,
maintenance, and man~ement of the surface water and storrnwa~er management syslt'rns
and reserves serving Pelican Marsh Community, in accordance with the pfc,-~isions of
Co[Her County Ordinance 90-48 and Resolution 90-292, w~ether with any applicable
permits fwm ~e Florida Dcpartm~t of Environmental ReZula~on, U.S. Army CorVs
of Engineers, and South Florida Wa2r Management District.
1.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, be'ms, fences and walls are genenlly permired as a principal use
throughout Pelican Marsh Community. The following standards shall apply:
A. Landscape berms shall have the followin~ maximum side slopes:
1. Grassed bc'rms 3:1
2. Ground covered bcrms 2:1
3. Ri~Rap berrns 1: 1
4. Su'tnural w'a/led bcrms - vertical
B. Fence or wail maximum height: six feet (6'), as measured from the finished
~ of the ~'ound at the base of the fence or wall. For the purpose of this
(18') alxn~ the highest crown ele. vation of the nearest existing road unless [he
fence or wall is constructed on a perimeter landsc2pe betre. In the.se _~__~_~ the
wall shall not exceed six feet (6') in height from lhe top of benn elevation for
berm elevation with an averale side slope of 4:1 or less, and shall not exceed
four feet (4') in height from g~e top of berm eleration for berms with an avernge
side slope of greater 0~n 4:1 (i.e. 3:1).
C. Landscape buffers, betins, fences and walls may be constructed along the
perimeter of the Pelican Marsh Community PUD boundary prior to preliminary
subdivision plat and site development plan submiual. A]I such areas must be
included in a landscape easement on final plats, or in a separate recorded
instrument.
D. Fences and wails which are an integral pan of security and access conu'oi
slructures such as Eate houses and control Eates shall not be subject to the height
limitations set forth under 2. I 1 B, and shall be go'~crned by the hcil;ht Iimita[jons
for principal struclures of ~he district in which they are located. In the case or
acc. e~ control sh'uc[ures within fiBht-of-ways adjoininlI two or more different
districts, the more resLrictive ~-'il;ht standard shall apply.
E. Pcdcs~an sidewalks and/or bike paths, wa~er management systcms and drainage
may be allowed in landscape buffers subjecl to review and appwval by the
PMDRC.
2.12 FILL STORAGE
Fill sWrage is generally permitled a.~ a principal use throughout Pelican Marsh
Community. Fill material genen_!_,_~,J_ fwm properties owned or leased by the developer
may be wansported and stockpiled within areas which have been disturbed/farmed. Prior
to stockpiling in these locations, a Letler of Notification along with plans showing the
locations and crvss-seaions shall be submitlut to Collie County Project Review Services
for review and approval. The following gandards shall apply:
A. Stockpile maximum side slope 3: l
B. Stockpile maximum height: thin.t-five feet (35')
C. Fill gotage areas shall be screened with a security fence at least six feet (6') in
height above ground level.
D. The following FLUCCS Code l~ds as shown on Map F of the Pelican Marsh
Community Application for Development Approval may be used for fill sttxage:
200, 212, 214,422, 4~, 740.
E. Fill storage in excess of five feet (S ' ) in height shall be loc~__!_t. tt no closer than
three hundred feeI C300') from any deveioped residential properties.
F. Soil erosion control shall be provided in accordance with Collier County Land
Development Co~le Division 3.7.
O. Fill storage shall not be permitled in areas occupied by threatened or endangered
s'fecies unless an lapproved management plan permits such use.
2.13 DESIGN CUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of rehtively large tracts of land under unified ownership or control, as
seI forth in the Collier County Land Development Code, Article 2, Division 2.2, Section
2.2.20.1.
Pelican Marsh Community is planned as a p~rivate, large-scale, functionally interrelated
community under unified control, to be deveioped over an extended time period. WCN
has established community-wide design guidelines and standards to ensure a high and
con.sistent level of quality for communit)~ features and facilities, which include features
and facilities such as landscaping, bards:ape, waterscapes, signage, lighting, pedestrian
systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers,
betins and other similar facilities. Upon approval of specific design guidelines and
standards by Collier County and WCN, those guidelines shall be considered as
supplemental standards or requirements of this Planned Unit Development Ordinance.
2-5
WC'N will aim establish supplemental design guidelines and standards by means of
rec~n-ded covenants, conditions, and restricljons, the existence of which shall be noted
on the Final Subdivision ~ or Final Site Development Plan. Said covenants, conditions
aM restrictions shall px~,ide thai prior to $ubmiUal of an application for Preliminary
Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier
County, an applicant mtts~ first submit the a~:~pHcation to PMDRC for review and
approval. Collier County shah not accept any such application for processing unless it
is accompanied by a lellef indicating WC'N's review and approval
2.14 REQUIRED EI~TYIRO~AL ~
Where the dov~lopmem of la~ within ~ Planned Unit Development require~ a permit
from I local, stale, or F__~,J,Je~al. Agency with Jurisdiction ovet the propt'rty (regulating
agency) proposed for development, then ~he Dev~op~r shaft obnin such permits as may
be required prior to am commencement of conf, xuction or alteration of the land
specifically n~quLrinI such perraiL W~ere such rt. gulaiing agency issues a perrail, Coiljet
County shaft nol impc~e conditions, exactions or modifications thai are in conflicI with
or nc__~_ the requirnne~t~ of the hstM~d permit, provided that Coiljet County may
impose conditions that ex__eeed__ and are nc~ in conilia with the issued permit if CoIUet
County's regulatory jurisdiction as provided in the Collier County Growth Management
Plan and ~ Dev~opment Code ex__eeed___~ thai of the other regulating agencies. In such
a case, Collier Cotmty's environmental permitting guidelines and requirements shall
control relative to the specific County permit only.
Construction appmvah from Coliiet Oxmty may be phased to allow con.r, xu~on of
portions of a Fraz~icular use ~ do nc~ impac~ lands which require ~n environmental
permit, piovided thai such environmental permits have been applied for and are under
process by the appropriah~ agencies, ~ subject to the understanding that it is the
Developer's sole risk if such permits axe not finally issued to allow completion of the
2.15 PRELI:IV[[NARY b"U'3DrVISION PLAT PHASING
Due to the siz~ and anticipated build-o~t lx'riod of Pelican Marsh Community,
submission, review, and approval of Prr. liminary Subdivision Plats for the project may
be accomplished in phases to corrnlxmd with the planned development of the properly.
2.16 GENERAL PERMTITED USES
Cert~n uses shall be considered general permitted uses throughoul the Pelican Maxsh
Communily PUD except in Reserve DislricL General permitted uses are those uses
which gener~ly serve the Developer and residents of Pelican Marsh Community and are
typicajly part of ~ common infrastructure or are considered communily fax:ilities.
A. General Permitted Uses:
1. Essential services as set forth under Collier County Land Development
Code, Section 2.6.9.1.
2. Water manaS~t facilities and related structures.
3. Temporary sewage trotmerit facilities.
4. tn~_,~ including ~ with bulkhe~ls or other architectural or struc~ral
bank tizatmentso
5. Gua~dl~ouses, latehouses, and access control structures.
6. Community and neighborhood parks, recreational facilities, community
7. Tempor'iry construction, sales, and administtutive offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parldng areas and related uses.
8. La~.___a~_pe features including. but not limited to, landscape buffers, betins,
fences a~ w'ajls subject to the stanchtrds set forth in Section 2.11 of this
PUD.
9. Fill storage subject to the stancla.rds set forth in Sect.ion 2.12 of this PUD.
I0. Any other use which Ls cornpro'able in nature with the foregoing uses and
which the Development Services Director clet~Tmines to be compatible.
B. Development Standards:
Unlen otherwise set forth in this document, the following development stm~cl~rds
shall ai:~ply to structure:
1. Setback from back of curb or edge of pavement of any road - ~fteen feet
(15') except for guard houses, gatchot_~__~es_, and access control stngtures
which sJb~ll have no rnluired setback.
2. Setback Irwin property lines - one half (tA) the height of the structure.
3. Minimum distance between structures ~,'hich are I:r-:u't of an architecturally
unified gwuping - five feet (5').
4. Minimum distance between unrelated structures - ten feet (I0').
5. Maximum height o/' structures - twenty-five feet (25').
6. Minimum floor area - None required.
Jrzo,,,.-~cv~..~ 2-7
7. Minimum lot or parc~ area - None required.
8. Sidcwalks, bilzpat2~ and cazt paths may occur within County rcquirgd
buffers; however the width of the requirgd buffcr shall be incrused
prc~x~i~ly to th~ width of the pav~i surface of the sidcwalk,
bikcpazh, or cartt~h.
9. Standards for parking, land__v-~g, signs and other land uscs wher~ such
standards ire not specified begin or within adopted PHican Mars~
Community deign guldeline~ and standards, are to be in accordan~ with
Collia County Land Ek, veloprnent Co~ in effect at the time of Sit~
Developfront Plan Approval.
2.17 OPEN SPACE REQ~
T~ PUD Mu~ Plan identl~u tppr~xima~ly 961 acf~ inch_~ffkd__ in ~hc Golf
Co~rte~~ ,rid Open Space Di~lct, P,~terve District, la~, xnd miscellan~o~
includod within the ~tial Dittrict, fully tadsly the open space requiren~nts of
Aracl~ 2, Division 2.6, Section 2.6.27 and Scc6on 2.6.32 of the Collier County Land
Development Code..
2.18 NATIVE VEGETATION ILETI~ITION RF, Q~
Pursuant to Policy 6.4.6 of the Consen~on and Coas~ Management Element of the
Collier County Gn~,tth Management Pl~n, ~L5% of the viable naturally functioning native
vegeation within the PUD boundary is $71.9 acre, thtnfore 218.0 acru at~ required
to be retained. This rt~quirement is fully ridsfled within the Reserve District and no
further pre~.rvafion is required.
,~,~,s-~,x~ .~, 2-8
~F_~TION RI
RI~[D~L ~ ~
m ~ln PclI~ ~ ~muniZy ~t~ ~ ~e M~ PI~ ~ "R.'
3~ ~X~ D~G ~
A ~mum num~ of 5~ ~n~ d~g uniu ~y ~ ~s~ ~
G~L D~ON
of ~ d~g ~, ~ble ~d~ u~, a ~II ~ge of ~~
~~~~d~*R*~i~i~~P~~~. ~
A. ~ U~:
S~e F~ily ~o ~ ~ ~ ~ne Dwclfin~.
3.Twofamily ~d Duplex Dwellings.
4.Single F~ily At~ch~ ~d Townhou~ Dwellings.
5.Mulfi-F~ily ~c!lings including G~d~ A~men~.
6. ~u~h~ ~ o~ff p~ of ~i r, ~b]~t ~ ~lliff ~n~ ~ff
~e~ 3-1
site location, size, ingress and egress, and buffering requirements,
subject to the Multi-family Development Standards set forth in Table I.
7. Schools (public or private).
8. Any other principal use which is comparable in nature with the foregoing
compaztble in ~ "R' District.
B. A~__~ory Uses and Structures:
I. Acc__-?__~ory taes and structures cu~tomarily associated with principal use~
permitted in this district.
2. Any other accessm7 use which is comparable in nature with the foregoWnl
uses and which the Developmere Services Director determines to be
3.5 DEYELO~ STANDARDS
A. Table I sets forth the ~t standards for land ,__~_ within the 'R'
B. Site development standards for categories ! - 4 uwJ apply to individual te, ldentlal
lot boundaries. Category 5 standards apply to platted parcel boundaries.
C. Standard, for parking, landscaping, sign, and other la~d use~ where such
standards ar~ not specified herein or within adopted Pelican Marsh Community
design guidelines and standards, are to be in accordance with Collier County
Land Development Code in effect at the time of Site Development Plan Approval.
Unless othenvise indicaWd, required y'aras, heights, and floor area standards
apply to principal structures.
D. Development standtrds for uses not specifically set forth in Table I shall be
established during Site Development Plan Approval as set forth in Article
Division 3.3. of the Land Development Co<te in accordance with those starelards
of the zoning dis~ict 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 by the Collier County Planning Commission 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
pursuant to Section 2.17 of this PLOD.
F. Residential lands abutting those areas of Victoria Park Sub<livision zoned RSF-3,
Four Seasons Subdivision zoned RSF-2, and Quail Woods E~tatea zoned RSF-2
shsll I~ limited to singl~ fsmily dw~lings, w~er management facilities ssl hlzs,
and customsty single fzmily _s'~___~ory u__~_~ Reside~lial hnds ~butting thos~
ax~u of Victoria Pazk Sulxlivision zoned RSF4 or RRF-12, and Quail Woods
Estates zoned RIVIF-6 shall be limited to single, two-family, and multi-family
dwellings, water management facilitiem and Ink_--_ and customary r~sidential
O. Off street pax'king required for multi-family uses shall be acceued by parking
ajslu or ddvewaYs whi~ am sei~rale from any roads wldch serve more than one
deve. lop~ Alm'mmsPac~m'~aofnotlessthanlenfeet(lO')inwklthm
meamredffomlm'nnn~edgelopavementedgeshaHsepanteanypm, ldnlatsle
or driveway from any abutting mad,
H. Single fandly ~ and zero lot line dwe/Hngs a~ iclcnti~ed scpa~tcly from
singJe fami/y dcUctM~ dwelling with c~vcntional side yard z~quirgn~nts to
distinguish ~ tylx~ for the purpose of applying dcvcloprn~nt stand,~,ds under
Table 1. Patio and zcro lot line chvcllings shah be dc~nccl as any type of
clctached single family structure cmplc~/ing a zero or reduced sidc yard as sct
forth herein, and which ccmform to rcqu~ts of Collier County Land
Dcvclopmcnt Code Article 2, Division 2.6, Subsection 2.6.27,
,..,.. mmm m~m
TABLE I
I~IICAN MARSH COMMUNITY
DEYELOPMI2~ STANDARDS FOR
· R' RESID~L AREAS
SII~GLR PATIO & TWO Sll~'Crl~ F~41LY MULTI
leAlilLY ZE10 LOT PA~fiLY & A'i'I'AC~ED ~ IzA~fiZ,Y
DETAd~4IK} ~ ~ TOWNHOUSH
C-aslory I 2 3 4
Mintms ~ Am 7,SC0 SF L000 $F I 3,.~O SF*4 3,CCO SF I AC
),fxlmm l~x Widlh 05 75 ~0 35 30
Frout Ytrd f~x 15 10 10 10
S;4s Ysd 73 °6 0 ~ 7.5 0 o~ .$ BH .5 HH
Im Yvd A~:eecr/ 10 5 tO 10
Msxtfsmm, Butldios J-bight °2 35 35 .,, 3~ 3~ 50
~ stru~
F3oot Arts MI,,. (3.P.) IS(}O 3'F 1600 SF 16(30 SF 1200 $F I(XX) SF
BIHr (3essotleldisllb;Ibs): Cossblssdbs~deee sd~bui~lhtdssJssqssso(d~ss~sckn~sinssms.
WJ~sI,pImmibPi4DIU~.fnm:yetdsdsdbe~ssfn4be~.
A. ~f~meme~m~mem4~m~mike~ie.4(~.~mem~mmkiemsemmeedff*emm~me~`W¢ee~d.4~rmm~
e3- ~sq~fssdy dv~u4iids P~~Ms~ps.~sp~ees~dsissssssj~ssd~ts~gsssdp~mvidsf~wj~sseP~e~mrN~m~y~N~~
bfmet ysl s~lelesment so.~' fot bJ'srsge ssd 15'
stss ke~(lO')y',,4. Zam km(0~ysd, ssy ksssd osbal idssots stnstn lsdvtded dsm dss oFfoietsa tss(l~,d b~.
3-4
S~ON iV
GOLF CO~ REC'II.EATION' AND OFEN SPACE DISTRICT
4. I FUP, POSE
The purpose of this Section ts to identif,/permitted uses and development szaracla~s f~
treas within Pelican Man~ Community designated on the Maszr ~ ~s "GCO' and
l~tiscellaneous Open Space/Buffer.
4.2 GENERAL DESC"P, IPTION
are cleslgnnt to accommedam a f~ll range of golf course, recreational, water management
and open space uses, u well u to provide= lands for community-related ancillary uses and
4.3 FI:R.M:~Tt2} USES AND STRUCTURES
No bullcling or structure, or ~ thereof, sh~ll be erect~l, altered or us~l, or land or
~ used, in whole or in part, for other th~n tlz following:
A. Permitted Principal Uses and Stnk-'ture~
1. Golf courses and golf club facilities, including temixn=a~ golf clubhouses.
2. Tennis clubs, hesJth spas, eq~ clubs, a~d other recreation~J clubs.
3. Project information and saJes centers.
4. Community a~l golf course maintc'nance are;ts, rnainten;~.nce buildings,
essential services, irrigation w~tter a~d effluent stontge t~nks ~md lx~ncls,
watc, r a.,xl ~ treatment plants, utilities pumping facilities and
pump buildings, utility and maintenance staf~ offices.
5. Public administration facilities.
6. Open space uses and structures such as, but not limit~d to, boardwaJks,
nature trails, bikeways, landscape nurseries, ga.z~hos, boat ~d
docks, fishing piers, picnic areas, fitness trails ~nd shelters.
7. Any other princil:~ use which is comF~rable in n-~tt~re with the foregoing
u.~s and which the 13e~elo~ment Services Director determines to be
compatible in the "GCO" ~tnd Miscellaneous Open Space/Buffer District.
B. Permitted A__A-:e~___,.ory Uses and St. rucmrcs
1. A~ ,~ ~ ~ ~ly ~a~ ~ ~e ~
u~ ~i~ ~ ~is di~
2. ~, ~ ~ ~ ~g~, golf~ ~s, ~ ~ms, sheik,
~k ~, golf ~ ~n~ ~ds.
3. ~ ~li~U ~ m ~e ~i~ u~ of the dis~ such
~, ~t ~ limi~ ~, golf, ~s, ~ ~~ ~la~ ~.
4. ~u, ~ I~ln, ~ ~ ~ in~ ~ ~ club
of ~ f~ ~ f~ ~ ~on.
6. T~m~ f~li~.
7. ~y ~ a~ u~ which is ~m~le ~ ~mm ~ ~ f~go~g
,~ ~ w~ch ~ ~elop~t ~ Di~ ~in~ m ~
4.4 DE~~ ~~
A. ~ ~ ~ ~ ~k a mi~mum of ~ f~ (20') from 'GCO'
~ f~ (50') f~m ~1 P~ ~. ~d ~i~ ~, ex~ w~ ~e
P~ ~uU ~ ~lliff ~n~ W~ Trn~t ~t ~ a public right of
~y, in which ~ ~e ~k ~1 ~ ~ h~f ('A) ~e h~ght of ~e s~tu~.
B. A~ ~ ~I M~k a minimum of ~ f~t (I0') from "GCO" ~d
Mi~i~ ~ 5~nuffer dis~ct ~un~n ~d p~va~ ~, ~
~ f~t ~0') from ~I P~ ~n~ ~d r~id~ ~, ~ w~
· e PUD abuu ~ ~lli~ County W~r Trntm~t Pl~t or a ~blic Hght
of ~y, in which ~ ~e ~k shall ~ ~c h~f (*~) the height of ~e
s~m~.
C. ~gh~ng f~li~. ~1 ~ ~g~ in a ~ner which will p~ r~ys ~d
~id~ p~ from di~ gl~ or un~nable intc~en~.
D. MRimum height of s~cturn - Fifty f~t (50').
E. Minimum di~ ~t~ pHnci~ or ~ s~ctur~ which ~e a ~ of
~ ~hi~ly unifi~ g~ping - T~ f~ (10').
F. Minimum dis~ ~ ~1 o~ pHnci~ s~ctu~ - Tw~ty f~ (20').
t~~ 4-2
ml
O. Minimum disance betwan all other ~ces__~ry structures -Tcn fett (I0').
Minimum floor ar~ o None required.
I. Minimum lot or pan~ ar~ - Non~ rntutr~d.
ParkinI for tht community ctnt~r/clubhoum shall be one spact ~ t. vtry two
of rccluirtd golf coutm pttldnI
K. Standards for parking, landscaping, signs and other land uses where such
Land Development Ccxle in effect at the time of Sit~ Development Plan Approval
Unleu othenvim indi~_t~, t~iuired yards, heights, and floor ar~a standards
apply to principal structures.
mm
SECTION V
RESERVE DISTRICT
~.I FURPOSE
The purpos~ of this Section is to identify permitted uses and development standards for
areas within Pelican Marsh Community designated on the Master Plan, as Reserv, e.
5.2 GENtl~L DESCRIF~ON
Areas ctesignated as l~___,~erv~_ on Ih~ Maste= Plan are designed to accom.m~__~t; a full
range of conservation and limited watea' management ,_,__,~_ and functions. The primary
~ of the P___-.~n~_ distri~ is to a:ain viable naturally functioning wetlaM and xeric
upland systems, to allow for rmoration and enhancement of impacted or degraded
wetland systtms, and to gn-c,,ide an open space amenity for the enjoymont of Pelican
No building or structure, of part thereof, shall be erected, altered or used, or !and or
water ,_,__,~_, in whole or in paxt, for other than the following:
A. Permitted Principal Uses and Structures
1. Passive recreational axeas, boardwalks, including recreational sheltwt and
2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails
in wetlands).
3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands.
4. Water management facilities, structures and lakes, including lakes with
bulkheads or other architectural treatments.
5. Mitigation area~ as provided in the Cocohatchee Strand Restoration Plan
and other applicable permits.
6. Roadway crossings a.'-,d utility crossings at Pelican Marsh Boulevard,
Vaaderbilt Beach Road, Goodlette-Frank Road. and the Cocohatchet
Strand Golf Course crossing/reconnection area.
7. Utility lines in xeric uplands.
mlm
8. Any other conservation ardt re!ated open space activity or use which is
compaxable in nature with the foregoing u__tes and which the Development
Sen, ices Director determines to be compatible in the Reserve DisZrict.
,$.4 DEVELOPMENT STANDAILDS
A. All slructures shall setback a minimum of five feet (5') from ~ district
boundaries and roads, except for pathways, boardwalB and water management
structures, which s~all have no required setback.
B. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of strictures - Twenty-five feet (25').
D. ~,finimum distance between principal structures - Ten feet (10').
E. Minimum distance between ac_~___~7 structures - Five feet (5').
F. Minimum floor area - None required.
O. Minimum lot or parcel area - None required.
H. Standards for parking, land;~:aping, signs and other land uses when: such
standards are not specified herein or within Mopt~d Pelican Marsh Community
Design Guidelines and Stancl~xds, are to be in accordance with Collier County
Land Development Code in effect at the time of Site D~velopment Plan Approval.
Unless otherwise indicated, required yards, heights, and floor area standards
apply to principal structures.
5.5 RF~ER VE DISTRICT CONSERVATION EAS Ei~[!~NT
A non-exclusive conservation easement or tract is required by Collier County Land
Development Code Section 3.2.8.4.7.3 for p~eservation lands included in the Reserve
District. In addition to Collier County, a conservation easement may also be required
by other regulatory agencies wiffi jurisdiction over Reserve District lands. In addition
to complying wiffi provisions of the Collier County Land Development Code, said
easement shall be provided in accordance with the terms set forth in the applicable permit
grant~l by said agencies, and as set forth in PUD Section 8.13 hereof. The developer,
their successor or assigns, the Pelican Marsh Foundation or the PMCDD shall he
responsible for control and maintmance of lands within the Reserve District.
Conservation easements shall be recorded in conformance with the Preliminary Work
Authorization as amended on April 19, 1994.
SECTXON Vl
CULTURAL CL'NTER DL~TIUCT
6.1
· rca,s w~th~n Pclican ~ Communip/dcsilT~:d ~ ~ ~ ~ u
~~ ~U~ ~AG~
A ~mum of ~,~ ~ f~ ~ ~ ~) of Culm~ ~ U~ ~y
~ ~ ~ ~ 'CC.'
6j G~ D~~ON
of ~l~ ~, ~ ~, ~ ~ ~ u~.
S~i~ ~ ~s ~ ~ ~ ~cl~ 3, Di~ 3.3, ~
6.4 ~ ~ ~
In w~lc ~ ~, f~ ~ ~ ~ rollinS:
All u~ ~ly ~ wi~ a ~ltu~ ~ including but not limil~ ~o:
!. P~ing Am ~, ~, Avdi~um, Amphil~,
O~l~, Mu~ms, hb~, ~u~tio~ f~ilitiu, o~cr um of simil~
2. Wa~ M~g~t facilili~ ~d ~ti~ ~ices.
3. Any ~ ~ u~ which is ~m~le in ~tum wi~ ~c for~oing
emmams mslkmm I
B. Accessory Uses and Structures:
1. Accessory ,_,_ _.,~_ and structures customaril y asseciated with the principal
uses permitted in this district.
2. Recreational facilities.
4, Any othu accgaeory use wHc~ is compmrabi~ in rmturs with thd foregoinl
uses and whlc~ the Development 5endces Director determines to be
compatible in f~ "CC' District.
6.5 DEYELO~ STANDA,t~S
A. Principal structures shah be st~b~ck a minimum of twenty fect C20') from CC
district bound~ies and private roads, and fifty feet (50') from an PUD
boundaries, public roads and r~dential tracts. Wher~ the structun~ abuts a public
right of way, the sea~c:k shall be one half (*A) the height of the s~re.
B. Accessory structure shall be setback a minimum of twenty feet ('20') from disu*ict
boundarics and private roads, and twenty feet (20') from PUD boundaries, public
ro~ts and ruidcnti~l U'acts. W~ere the structure abuts a public fight of way, the
setback sha]l be one half ('A) the height of the structure.
C. Searick from lakes for all principal and acce~____~,ry uses may be zero feet (0')
provided ar~itectm'al b~nk treatment is incoqxratcd into the design and subject
to written approval frmn PMDRC, PMCDD, and Collier County Development
Services Department,
D. Lighting facilities shall be arranged in a manner which will l~'otect roadways and
ruidentiai prolzrties from direct glare or unreasonable interference.
E. Maximum height of structures - Eighty feet (80').
F. Minimum distance between principal or accessory structures which are a part of
an uchitectutally unified grouping - Ten feet (10').
G. Minimum distance between all other principal structures - Twenty feet (20').
H. Minimum distance between r. ll other accessory structures - Ten feet (I0').
I. Minimum fltx}r area - None required.
J. Minimum lot or parcel area - Nora: required.
s/'~,4,s.~a~.,.~. 6-2
m ml mmm
K. Star, davis for l~rking, lax~___~_ping, signs and other land ~__~_ where such
stssdssds are not spectf'u~d herein or within sdepted Pelics. n Marsh Community
design guidelines and st~dards, am to be in sccordance with Collier C.o~nty
Land ~t Code in ~-ffect at the time of Site Development Plan Approval.
Unless othenv~m indicated, required yards, heighLs, and floor a~ea sta~la~ds
,/~9~.~ 6-3
SEC'I'ION
ACTIYI'Iq/~ DISTRICT
7.1
The purposm of this section is so identify permitted uses and dcvc{opm~mt standards for
areas within Pcliczu Marsh Community designau:d on the lVlaster l~an u 'AC.'
7.1 MAXIMUM SQUARE FOOTAGF,./ROO1VIS
A maximum of :fK)0,000 squax~ feet leasabl~ floor area of r~ail u__~rs_; 350,000 squar~ feet
gross floor arn of office uses, including up So 100,0O0 square feet of medical offices;
and 280 ~ rooms my be constructed on lands designated
7.3 GENERAL DESCRIPTION
Areas designated as "AC" on the Master Plan are designed to accommodate a full range
of retail, service and office commercial uses, _,rs___,,rn. tiai services, and customary __~rc__~s_sory
uses.
The spproxima~ s:resge of the "AC" disui'~ is indicated on the Master Plan. This
acrs. ge is based on conceptual desiSns and is approximale. Acual acreages of all
develuprnent tncts win be provided st She time of Site Developrneni Plan or Preliminary
Subdivision Phi approvals in accordance with Article 3, Division 3.3, and Division
respectively, of the Collier County Land Development Code. Activity Center tracts are
facilillcs, and other similar ,_,__,~_ found in Activity Center areas.
7.4 PER1VHTI't:D USES AND STRUCTURES
No building or structure, or pan theroof, shall be erected, altercd or used, or land used,
in whole or pan, for other ihsn the following:
A. Permitled Principal Uses and Struaur~s:
I. Accounting, Auditing and Bookkeeping Services (Group 8721).
2. Amusements and Recrnfion Sendces - lsmdoor (Groups 7911-7941, 7991,
7993, 7997).
3. Apparel and Act'.es____v, ry Stores (Gwups 5611-5699).
4. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599).
Automotive Repair, Services, and ~ (Groups 75 14, 7:51:5, 7:542).
6. Building Materials, Hardwsre and Garden Supplies (Group :5211-:5261).
7. Business Services (Groups 7311-TJ52. 7359 except airplane, industrial
truck, pomble toilet and oil field equipmen$ tenling and leasing, 7361o
7397 except armored car and do~ rennl, 7389 excqx auc~oneering,
bronzing, field warehousing, miraling of damaged merchandise).
zn,.s-~MMms~m, 7-1
mmmm W I
8. Commer~'ial Printing (Gwup 2752, excluding newspapers).
9. Depository Institutions (Groups 6011.6099).
10. Eating and Drlnkjng Est~lishrnents (Groups 5812, 5813).
11. Engineering, Accounting, Resea~h, Management and Related S~'vices
(Groups 8711-8748).
12.
Food Stores (Groups 5411-5499).
13.
General Merchandis~ Stores (Ot~s 5311-5399).
14. Glass and Glazing Work (Group 1793).
15. Grt~p Care Facilities (C. al~ory Z and IT), C~.re Units, Nursing Homes and
Farnily Care Facilities.
16. Health Services (Groups 8011-8049, 8082, 8093, 8099),
17. Holding and Ot~er Inv~tment Offices (Grt~ps 6712.6799).
18. H~els and Mo~s (Gr~a~s 7011, 7021, 7041).
19. Home Furniture, Furnishing, and Equipment Store~ (Groups 5712-5736).
20. lnsttrance Can'iers, Agents and Brokn's (Groups 6311-6399, 6411).
21. ~ Services (Group gill).
22. Libraries (Group 8231).
23. Membership Organiza~ort% (Groups 8611-8699).
24. Mhce/laneous Pepair Services (Groups 7622-7641, 7699 except
agricultural equipment ret~r, awning repair, beer pump coil cleaning and
r~air, blacksmith shops, catch basin, septic tank and __e~t__~ool cleaning,
coppersrnithtng, farm rnae. hinery repair, fire equipment repair, furnace and
chimney cleaning, industrY! truck repair machinery cleaning, repair of
service station equipment, boiler cleaning, tinsmithing, tractor repair).
25. Miscellaneous P,~-tail (Groups 5912-5963, 5992-5999).
26. Motion Picture Theaters (Grt~p 7832).
27. Non-Depository Credit Institutions (Groups 6111.6163).
28. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning only, 7217, 7219-7261 except cremator~es, 7291-7299).
29. Rt~al Estate (Groul~ 6512, 6531, 6541).
30. Public Administration (Major Groups 91, 92, 93, 94, 95, 96,
31. P,~cz~a~on Services (Groul~ 7911, 7922, 7929, 7933, 7941, 7991, 7993,
32. Security and Commodity Broken, Dealer, 'Exchanges and Services
(Groups 6211-6289).
33. Social Services (Groups 8322-8399).
34. United States Postal S~rvice (Group 4311 except major distribution
center).
35. Veterinary Services (Groups 0742, 0752 excluding outside kenneling).
36. Video Tape Rental (Group 7841).
37. Vocational Schools ((~roups 8243-8299).
38. Uses permitted under Section 3.4 of this PUD, subject to the Devclupment
Standards of S4~.':tion 3.5.
39. Any other principal use which is comf~rz, ble in nature with the foregoing
uses (including genet'a/and professional offices not specifically listed
above) and which the Development S.,-~'vices Director dctt'rmines to be
compatible in the "AC" district.
s/~s~,~v~..~ 7-2
mm
B. Permit~l Accessory Use~ and Structures
1. Accessox7 uses and structures custornarily usociated with principal uses
permitzeal in this di,trict.
2. Customary accessory rues for hotel and mot~l principal umes including but
not limited Ua shops, peno~l service establishments, eating or drinking
esubllshme~U, dancing and staged entertainment facilities, and ma~ng
rt~mf and auditoriums whe~ such ,_,__e~_ a~ an inter,~ part of a hotel or
a motel, with comn~m trchltectural mndzvds, even if contained in a froe-
standing building. Other accessory ,_,_~e~__ include, but ar~ not !imittxl to,
reczz~ional facilities that serve u an integral part of th~ pex~__m~__ tuea
3. Any other acce~:wy us~ which is compaxable in nature with the foregoing
use~ and which the Development Services Director determines to be
cempafible in the "AC' dis~ict.
7..~ DEVELOPMENT STANDARDS
A. Minimum Yard P, cquircments:
i. Front Yard: Twenty-five feet (25') minimum or one-half the building
2. Side Yard: Fitken feet (15').
3. Pear Yard: Fifteen feet (15').
4. Any yard abutting a residential parcel: Twenty-five feet (25').
5. Setback from a lake for all principal a~d acce3s~ry uses may be zero feet
(0') provided architectural bank treatment is incorporartd into the design
and subject to writ~n approval from PMDRC, PMCDD and C~ilier
Coonty Development S,~vices Department.
B. Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glar~ or unreasonable interference.
C. Maximum height of structures - One hundred feet (100').
D. Minimum distance between all other principal structures - Twenty feet (20').
E. Minimum distance between all other ~tccessory structures (excluding drive-through
facilities) - Ten feet (10').
F. Minimum floor area o Seven hundred (700) square feet gross floor h-ca on the
grt~nd fieor.
G. Minimum lot or parcel area - Ten thousand (10,000) square feet.
J/~,-0~0,..p 7-3
H. Minimum lot width - Seventy five feet C/~')-
L Smada~ for peking, landscaping, sips and other land ,_,__,~_ where such
standards are m:~ specified heteb of within adopted Pelican Ma.r~ Community
design gnideliael and standards, are to be in ar, c~-dance with Collift County
Lamt Dcvelolm~at Co~ in effea at the time of Site Development Phn Approval.
Unl~u tuberwire indicated, required yanh, k-igba. and floor area ,mndaah
~!y m principal structure.
The nmximum density for Adult Congrga~ Living Facilities and other typ~ of
eld~y Ixx~ag droll be twenty-~tx C2b') unit; per Iron acre.
morn! per leer bewlqw. IM ~ elumb~ ot ~ loom. Ix~mllted In the
~r~n~n~on.~ 74
SECTION VIII
GENERAL DEVELO~ COMMITMEI'~rI'S
8,1 PURPOSE
The purpose of this Section is to set forth the development commitments of WCN within
Pelican Marsh Community,
8.,2 GENERAL
f'mal subdivision plats, aM an spplicabl~ start and local hws, codes s~l regulations
relating to the subdivision of the land, _,r~..__ee~ where specifically razed or otherwis~ set
forth in this document, or as othewise spproved by Collier County. All state and
f__ _e4eral_ permits shall be effective according to the ~puhtions and conditions of the
permitting agencies. F'mal master plans, final site development plans or final subdivision
plats, and standards and specifications of the Cottier County Land Development Code
relating to the same shall zpply to this project, except as otherwise sex forth hevein.
In addition, the ~ Phn and the regularlofts of the PUD document as adopted along
with any other specifw conditions or stipulations as may be agreed to in the reTxme
hearing before the Board of County Commissioners, shall control and be applicable to
development of the subject property. The Developer, its successm.s and assigns shall be
bound by said documents, commitments, and stipuhfions.
8.3 MASTER FLAN
The Master Plan, WMB&P, Inc. File No. RZ-219-H, is an iljustrative preliminary
development plan. The design elements aml hyout iljustra_t_~ on the Master Plan shall
be understood to be flexible, so that the final deign may satisfy the Developer's criteria
and comply with an applicable requitzments of this ordinance.
The Development ,~'vices Diream' shall be authorized to approve minor changes and
refinements to the Pelican Marsh Community Master Plan upon written request of the
Developer.
A. The following limitations shall apply to such requests:
1. The minor change or refinement shall be consistent with the Collier
County Gwwth Management Plan and the Pelican Marsh Community
PUD document.
2. The minor change or refinement shall meet the criterion of Section
380.06(19)(e)2., Flodch Slalutes, and shall not require a determination
and Public Hearing pursuant thereto.
3. The miner change or lzfmement shall not constitute a substantial change
pursuant to AtZicl~ 2, Division 2.7, Subsection 2.7.3.5. I. of the Collier
County Land Development Code.
4. The minor cha~ge or t~finement ~lall be compatible with adjacent land
uses and shall not create det,-"in'~tal impacts to abutting land ust. s, water
mangemerit facilities, and P,t~crv~ areas within ~ external to the PU'D,
B. The following shall be con sklued minor changes or refinements, subject to the
limitations of FUD Secticm 8.3A:
mitigation featm'es as a result of rcgulatory agency review.
facilities where such changes are consiutmt with the criteria of the South
Florkla Wa~r Management Disa-ict and Collier County, and where there
is no further encroachment into Reserve arca.%.
:3. Recon~gura~on of golf course envelopes and design futures.
4. Internal realignment of t~gh ts-of-way other than a relocation of access
5. Ru:on~guration of residential parcels when there is no encroachment into
Reserve ar~as.
C. Minor changes and refinements as described above shall be reviewed by
appropriate Collier County sta/'f to ensure that said changes and refinements are
othervise ia compliance with all applicable County Ordinances and regulations
prior to the Development Services Directof's consideration for approval,
D. Approval by the Development Servicu Director of a minor change or refinement
may occur independently from and prior to any application for Subdivision or Site
DeveJopment Plan approval, however such approval shall not cortstimte an
authorization for development or lmplementa:ion of the minor change or
refinement without first obtaining all other n~zuary County permits and
approvals.
8.4 POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land
Development Code, accommodation shall be made for the future us~ of building space
within common are~ for the purposes of accommodating the function of an electoral
polling place.
---, mam anna
An agreement between the Supervisor of Elections and the Developer was recorded in
the official reccnxh of the Clerk of the Circuit Court of Collier County, and is binding
upon any and all tn__,et'__,:ssors in interest that acquire ownership of such common areas
including homeowners associations ot tenants Msociations. This agreement provide~ for
said community rwr~ation/pubUc buikling/pubU¢ room or simihr common facility to be
used for a polling place if detttmined to be ~ by the ~upervisor of Elections.
1.~ MONITORING REPORT
An lumuaJ monitoflnl report shall be submitltd pursuant to Article 2, Division 2.7,
S4xlton 2.7.3.6 of the Collier County Land Development Code.
This PIJD is subject to II~ $un~tt, ing prc. M~ion u provided in Article 2, Division 2.7.,
.~'ljon :2.7.3.4 of lh~ Collier County Land Dcv~Iopm~nt Code, until such time ~ Collier
Coun~ issuc~ a DRI l:]~-vclol~nc~t Order for the Pr. lican Maz~h Community, at which
~m~ the provisions of lh~ DcvclopT~t Ord~ r~lative to duration and ~fective ,ht~ shall
lovcrn.
S.7 TRA~SFORTATI01q
A. TI~ {tcvciol~ ~h~ll pmvi{k il:}prol:nia~ left and/or fight turn lanes at ~/I
community acccu poinLs to public rights-of-way at the time of construction of
B. The dcvclol~r thall provide a~rteriaJ level strcct lightinI ~tt all community
poinLs to State or County public rights-of-way at the time of construction of each
C. The d~-veloper shaft provide a f~i r sha~ ct, ntri bu ti on toward the capital cost
trdfic lignals at lny community __t,x.~__! p:fint.s to I public r/ght-of-way when
deemed wirnmtcd by the County. The,..~ signals will be owned, operated and
maintained by Collier County.
D. Collier County a~d WCN chloral into an~ Agreement dau:d January 12 ,
(herein 'Alrc~ment') to addru~ the alignment and environmental permitting for
V~.nd~rbilt Beach Road (heroin 'VBR') through the Pelican M~r~h Community
property; and to addrul environmental p,~'mitting for th~ expansion of
Goodlette-Frank Road from hnmokalcc Road to VBR.
E. A~ is s~t forth in the Agrecment, WCN i~ responsible for the environmental
i~Tnittinl [or thc pr~[crrul road alignment of I/BR within th~ Pelican M~r~h
Commimity PUD property. hrm~nl to thg Agreemerit, WI:N is cligiblg for
Road Impact Fee credits for half of their rJ, la~ndit~ru ~ th~ Agreement
ob~ninl cnvironmcntal l:~'rmit~.
F. WCN agrees to dedica~ to Collier County the road right-of-way r~quircd for that
Rc~io~ of VBR wifl~in the Pelican Ma~ Community PUD bounc!~u awnul by
WCN, upon request by Co/licr County, so long as that fight-of-way is the
alignment depicted on the Pelican Marsh Community PUD Master Plan or an
alternative aligmncat acceptable to WCN. WCN shall be eligible for Road
Impact F~ credits for ~ dedic~ion purmant to Ordinanc~ 92-22 and Section
390.06(16), ~Su~, 1992, as is further gt forth in Section 8.12 hereof.
TI~ valtm of gtd fight-of-way dedication shall be equal to WCN'I cost of
acquisition of the impel/.
O. There are acknowledged tum~ts to both ag County and WCN in the alignment
of VBR shown on the Peltcan Mat~ Community PUD Master Plan, and as
ref~:_.c~__ in the Agrtenent atgl heroinafter as the "Prdcrred Alignment".
mi~gmion, design, and conmuc~on or the mad segment in its Preferred
Alignment could be more expensive than an alternative alignment within the area
of consideration rd~,;---,,::ed in Attachment I to the Agreement. If the ultimate
alignmere of VBR within the Pelican Mar-.h Community PUD boundaries h the
Pnffcrred Alignment or the ultimate alignment is oth4n'wise ____-~:eptable to WCN,
WCN agre~ to pay fig 'Diffettatial Cost' for the segment of VBR within
Pelican lvlar-,h Community PUD boundaries. 'Differemtial Cost" means the
reasotmbly ascertzdnable additional cost of environmental permitting,
environmental mitigation, design and construction of that segment of VBR within
the Pelican Marsh Community PUD boundaries as compared w the total of the
same cost elements for permittable alternative alignments within the axca of
consideration ref~e.r, ced in Atmc. hment I to fig Agreement. WCN shall no~ be
entitled to reimbursement under fig Agreement or Road Impact Fee credits for
the 'Diffe.,-c.,~tial Cost" desert'bed herein.
H. The cost for design, permitting and construction of the Goodlette-Frank Road
ovcrpa.u slructure, appmved by fig Board of County Commissioners to
accommodate up to six (6) lanes, is mX the County's reslxmsibility, but that of
fig development entity.
I. Payment of Road Impact Fees shall be in accordance with the applicable
ordinance as amended with the stipulation that payment shall occur at fig time of
building permit issuance or in aecotdam~ with the requirements of the Collier
County Land Development Code, Division 3. IS, Adequate Public Facilities.
I. These transportation stipulations set forth in Section 8.7 of the PUD are not
intended as a novation of the referenced Vandcrbilt Beach Road Agreement; said
Agreement remains in full force and errca, except to the extent certain provisions
or the same may be specifically superseded by the provisions of Section 8.7.
K. The developer shall build, at its cost, a Vandcrbilt Beach Road buffer within the
Pelican Marsh Community PUD property south of the Vanderbilt Beach Road
right-or-way and north of Hickory Road Hgh/--of-way. This buffer shall include
a minimum six foot benn landscaped and irrigate~d except where the roadway is
Io,~_J__nJ_ adjacent to ~ Bunting. Adjacent to Lake Bunting wher~ a berm cannot
be constrt~1ed due to limited width, the buffer will include canopy tre~ and
shrubs. The buffer area will be cornpitted prior to the opcning of Vanderbilt
Beach Road for public use.
L. Internal acce~ between the Pelican Marsh Community Activity C.~nier and the
Pelican IViarsh Community shall be designed in a manner that provides for
vehicular, peck, st/an, and bicycle access to the Pelican Marsh Community
Activity Center uses without tequidnI residents of Pelican Manh to exit the
Community. Such access may be testtic'ted by the developer to maintain the
privacy and security of the Pelican Marsh Community residents. Vehicular,
pedestrian and bicycle access connections between the Pelican Marsh Community
and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41
intersection and the Immokalee Road/U.S. 41 intersection shall not be required.
M. No Final local development orders Couilding permits) will be granted for Activity
Center ,_,__,,~_ until the completion of two lanes of Vanderbilt Beach Road from
U.S. 41 to Airport-PuUing Road. Final Subdivision Plat applications and Final
Site Development Flan applications may be submitted and approved for Activity
Center uses ~'ter commencement ofcon.stru~on of Vanderbilt ]3each Road from
Airport-Pulling p_md__ tO U.S. 41.
N. The Pelican Marsh Community shall be subject to any duly adopted fair share or
pro-rata funding mechanism eszablis{~cl by Collier County to implement an area-
wide pedestrian and bicycle path system. Pelican Marsh Community may be
eligible for credits to be applied toward its fair share pro-rata contribution based
on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road,
and Goodletto-Frank Road.
O. The Pelican Marsh Community PUD Master Flan indicates access points to the
Pelican Marsh Community Activity Center which are consistent with the Collier
County Land Development Code Access Management Plan and Map. The
easternmost access from Vanderbilt Beach Road to the Pelican Marsh Activity
Center (east quatitan0 was not shown on Collier County Land Development Code
Map l I because that Map does not reflect the reconfiguration of the Pelican
Marsh Community Master Planned Activity Center. Map 11 of the Collier
County Land Development Code shall be deemed amended by the adoption of this
PUD to reflect the reconfiguration of the Activity Cc'nter and the addition of the
easternmost access as shown on the Pelican Marsh Community PUD Master Plan.
WATER MANAGF, MEINT
A. An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal
relocation in accordance with Division 3.:5 of Collier County Ordinance No. 91-
102 and South Florida Water Management District rules.
B. A copy of a South Hotida Waler Management District Permit or Early Work
Permit is requir~xl prior to construction plan approval.
C. A letter Of no objection from the, Collier County Utility Division stating that no
advene impacts on the percolafu~ al~ility of the adjacent wastewater treatment
ponds will occur as a result of the Pine Ridge Canal rclocation shall be v,~idecl
prior to ~xlivi~ion conduction plan~ approval or Preliminary Work
Authors"on, which ~ occun fir~ Preliminary Work Authorization ~
approved by ~ Board of County Commi~onen on May :20, 1993, and amended
on April 19, 1994.
D. All off-~i~ flow collection and routing faciH~ ~'xali be r~dewed and apVroved
by Collift County lX-velopme~ Sffvtce~ D~anment at th~ ~n~ of ~ubdivi~ion
Th~ fixed cr~ weir with t~erg, en~7 underflow ga~ which repiace~ the existing
amil gz~ will be ~ and approved by Collier Co~mty ax ~ tim~ of
C. ocohaw. be~ Stand Ratoration Plan conru-uction plans or Preliminaa7 Work
Aumo~za~on ~oval. P~imtnary Work Authorization wu approved by
Board of Co~mty Commi~on~r~ on May :20, 1993, and amended on April 19,
1994.
F. As long a$ Collier County has openaio~ and maintenance authority over th~
exi~ing Pine Ridge Cat~ amil g~t~ on Immokale~ Road (CR 8~6'), WCN or the
PMCDD will pay for th~ design and con~xuction co~t~ a.~3ciattd with the
rehabilitation of ~aid amil ga~. The rehabilitation will be limited to normal
rdut'oiahrnent of the ga~ ('including th~ bearing~ and ~cc;s~ walks) and the
~e'.als (~f r~luired). Replacement of th~/a~, cradle~, strucmre~, or foundations,
it'required, will no~ be the r~po~sibility of WC'N, the PMCDD, or their a~igns.
Collier County will contn'buu: $9,000.00 to the co~t of design and construction.
The rehabilitation ~all be completed by the time the Cocohatche~ Strand
Re~ot~on Plan is certified complet~ to South Florida Wager Management
DigricL
G. Water management and canal _,y~tnenL~ conveyed to SFWMD and the County
will be lx'r th~ Pelican Marsh Preliminary Work Authorization al amended on
April 19, 1994.
H. If legally and phy~cally po~ible, th~ PMCDD wil| main~in tha~ ixn'tion of
Pine Ridge Canal off-~i~ from fi~ ~o~zth border of the PUD to a point
immediately ~o~th of th~ lmmokake Road amil ga~. Majntenanc~ rf~xm~ibility
by the PMCDD for thi~ po~on will cea~ at the time of final development order
for th~ prope~y encompa~in$ ~aid portion of canal. The PMCDD will not be
responsible for capi~ improvement~ to the c3na/or improvement~ to make
rez.~onable ac__,y~___~ W and a~ong the canal
8-6
I. The rale of post-dc'velopmcnt stormwa~ discharge into the Pine Ridge Canal,
Airport Road Cana/and lmmokalee Rosd Canal will be determined by SFWMD
during the surface water managuncnt permitling procon.
UTILITIES
A. Tcmixr4ry consmscljon and/or sdcs trailm may use septic tanks or holding tanb
for waste disposal subject to pcrndtltng under F,A.C. 10D-6, and may use
po~ble or irrtgltion wells.
B. Golf c~r3x~ rut sta~lmx ~ majntc~ buildings n~y be l~it~ccl to usc
sc]7~c tn~ o; holdinz tanJ~ f~ wa. ste d~spesal subjcct to !~i~,g under
C. Thc project ~II be served ~ central poL~b le wa~ distribut~oo, firc
and sevr~ge collection facilities.
D. Lrfi~i~ water ~ be i~'evide~! ~th a ~ ~i~cributi~ sys~-m supplied by
l~jcct arc to be designed, ~, c~vcyed, ~ arid ma~n~ncd in
ac~:ordance ~th Collie2' C~ty 0z'di~ No. 88-76 (rcfcr to a~x'cc~t thaz
al:,proved I:'MCDD, P~!ut~on ~1x7~-18'/), a.s amer~lcd, and othcr a~plic~blc
County rulu and rc~l~ions.
F. PMCDD will be rupotm'ble for installing potable water and irrigatim wala
service connections to distrib~njon mains for single family only. Us~ of t~
services will be approved on final ~on and acceptance by Collier County.
All customers connecting to the water distribution and sewage collection facilities
to be construct~ will be customers of the County and will be billed by the
County in accordance with the County's e~blished ra~.
G. The on-site water distribution system serving tl,e project must be connected to the
Collier County Water-Sewer District's (the District) water main avajlable and
· djacent to the Community boundaries consistent with the main sizing
requirements slx:cified in the project's Utility M~ter Plan and extended
throughout the project. During design of these facilities dead end mains shall be
minimized by leoping the inlernal pipeline network where feasible.
H. The project's Developer(s) his assigns or succe~o~ may negotiate an Agreement
with the District for the use of treated s~vage effluent within the project limits,
for irrigation purposes. The Dt.-veloper would be responsible for providing all
site piping and pumping facilities from the County's point of delivery to the
project and negotiate with the Cc.:nty to provide full or paaiaJ on-site storage
facilities, as required by the FDEP cc.~sistent with the volume of treated
wastewater to be
L The utility construction documents for the project' s sewerage system shall be
prepared so thai all u~ev'age flowing to the County's master pump station is
transmitted by o~e (I) main o~-silt pump station for each sewage collectio~ basin.
13~e to the design and configuration of the master pump station, flow by gravity
into the sation will not be possible. The IX-veloper's Engineer shall meet with
the County staff prior to com~g preparation of constnsction drawings, so
thai all aspects of the sewerage sys~m design can be coordinated with the
County's sewer mas~ plan.
3. The existing off-silt utility facilities of the Districl must be evalua~d for
hydraulic catscity to serve this project and reinforced as required, if necessary,
consistent with e~e County's Water Mater Plan to insure that the Districl's water
system can hydraulically provide · sufficient quantity of wsuer to meei the
sntictpaltd demands of U~e project sad the Dis~rict's exisling commitled capacity.
This requirement will be waived ~-c, vided · written statement is obtained from
Collier County Utilities Division stating ~ the District ha adequalt facilities
arut capacities to serve thai phase of Ihe project ai the time utility service is
required.
K. The existing off-silt sewage transmission facilities of the District must be
evaluated for hydraulic capacity to serve this project and improved as required
additional wasIewaltr ges~n_!_-~_ without adverse impact to the existing
transmission facilities. This requirement will be waived pfc, vided a wrillen
stalement is obtained from Collier County Utilities Division staling that the
District ha adequalt facilities and capacities to serve that phase of the project al
the time utility service is required.
L. Within the Pelican Marsh Community landscaping (including palm trees, shrubs
and groundcovers), sidewalks/paths will be allowed within utility easemenu
including placement within three feet (3') of a utility line. C. anc~py trees may be
located seven feet ('7') from the utility line (seven fcet ('7') being measured from
the trunk of the tree to the centerline of the utility line). Reconstruction of
sidewalk/pathways or modificafion/re~inslallation of plant materials due to
necessary maintenance of utility line will be the responsibility of the Developer
its succe~____v~rs or assigns.
M. Collier County Utilities Division shall allow the installation of potable water and
irrigation waler service connections to distribution mains during construction of
the single family subdivision utilities. The installation will be scheduled upon
rccluesl and payment of' fees by the developer, iLs successors and/or assigns. The
installation will be in accorci,Y~e with Ihe approved plans and spccilications,
current policies and procedur,~, and performed by the aeveloix'rs' contractor.
The contractor must be approved for the installation by the Collier County
Utilities Division. Fees will be deu:rmined by ti~e current ordinance in effect -~t
the time of the recluest for connections. Reimbursement of connection fees will
be rebated to the developer annually based on meter inslallations.
,~,~4nN~,~,.~, 8-8
~,I0 ENYlRONI~I~rAL
A. In order to avoid retz~five review of environmental iuues in subsequent stages
of the County development ~ Fo~----, the requirement for obtaining
~ppmval of an Bnvironm~tal Impact Sinemeat (BIS) pursuant to Divisio~ 3.8,
Section 3.8.3 of the Co~ier Count,/I~nd Development Code ~ be deemed
Community PUD boundax~ tha~ ~ County permits for or County appronl
of de,~opme~ or ~i:~ aluntion. ~ provision i~ b~ed upon (1) ap~xvval of
the Peacan Manh Community ~p~a~i~n for Development of Regional lml~'t
and the PrJkan Ma~ Community Environmental Supplement :ubrnitu~l in
conjunction with ad~ Application For Public Heating for PUD Rezone; and
Ai~pUcafist fro' Public Hearin[ for ~ ~ which was lpprcrv~J via County
Ordins~ce ~3-2'7, This provision shall a~ly to t~ Dcyelol~r, its s~cces3ors,
B. Putgrant to Collier County La~d Development Code Article 3, Division 3.8,
Section 3.8.8, the Pelican Mztsh PIJD ~ cited in provision 8. 10. A abeve shzL1
constttut~ Collier Co~nty's re~/iew and approval of all environmental reso~rce~
and environmental quality issues con~ned in the Pelican Marsh Community
Application for Development of Regional Impact in so far as sajd issues
specifically pertain to lands contained wiffiin the Pelican Marsh PUD boundaries,
C. Provision~ 8. 10 A and B above do not relieve the Developer from providing, or
foreclose the County from requesting, information relative to new or changed
environmental conditions on ~c site relative to slxcies of special status pursuant
to Collier C~unty Land Development Code Section 3.8.5.4.3.5.d. and e.
D. The Collier County 'ST' overlay has been eliminated and replaced by this
Planned Unit Development, however all existing Collier County wellfield and/or
groundwater protection zom~ shall remain in effect unless otherwise modified by
Collier Conn~y.
E. The Cocohatchee Strand Mitigation Bink is hereby created and incori:emted into
Ibis PUD by reference, The Cncohatcbee Strand Restoration Plan (WMB&P,
Inc. File No. ENV-88) depicts the improvements contemplated under the
Cocohatchee Strand ]~storadon Program and itemizes in tabul~ form the
Cocohatchee Stra.qd Mitigation Bank features including mitigation ratios and
available credits for impacts to Collier County jurisdictional wetlands. It is
understood that changes to both the C. cx~hatchee Strand Restoration Program and
the Cocohatchee Strand Mitigation Bank may be required by regulating agencies.
If such changes cause a need to modify or revise the Ccr~hatchee Strand
Restoration Program and Mitigation Bank as depicted on the Restoration Plan,
such modifications and rtwi$ions may be administratively approved by the Collier
County Development Services staff.
F. In accordance with Policy 7.3.5 of the Consentadon ~nd Coastal Management
Element of the Collier County Growth Management Plan, gopher tortoises shall
be r~iocatod to the 'GCO' District anti to the Xeric Scrub Conservation Ar~.
Cornl3ensation for lost habitat whose ~xtent has been approved by the Florida
Game and Fresh Water F~h Commission (FGFWFC) shall be in accordance with
FGFWFC icy,
Cmmty all envisvnmental permitzing rt'prding wetlands,
impacts, mittgatien to South Florida Water Manager
S, II SUBDBrI~ON RF.~~ AND grANDARD DESIGN SUBSITII/TIONS
Pelican Marsh Commtmity shall be requhzd to conform with the subdivision
imlmy~nntmt requinm~nts set forth in Collier County Land Oeve. lopment Code Article
3, Division 3.2, Section 3.2.8 ~ othenvise stated in this PUD. The following
substitutions to the impwvement standards are aplm~ved fo~ Final Sulxiivision Plat
A. Sklew'Aln/bilz paths shall conform with Subsection 3.2.8.3.17 ~xcept as follows:
1. Pelican Marsh Boulevard shall be considered a minor collector stn~ and
shall be required to have a sidewalk or bikepath on e~ch side of the street.
2. All other through streets shall be considered local streets and shall be
n~luired to have a sidewalk or bikepath on one side of the street.
3. All cul-de-sacs serving more than fifty (50) single family lots shall be
r~luired to have a sidewalk or bikepath on one side of the street.
4. All cul-de=sacs serving fifty (50) or le~s single family lots shall not be
required to have a sidewalk or bikepath presided the following conditions
are satisfied:
a. The right-of-way section shall include two twelve foot (12') wide
b. the gross density of the cul--de-sac shall be less than two (2) units
B. Private streets shall conform with the fight-of-way and pavement width
r~quirements of Subsection 3.2.8.4.16.5 except as follows:
I. Cu!-de-sac arid local streets le~s than one thousand feet (1,000') in length
ate required to have a minimum forty feet (40') right-of-way width and
two ten foot (10') wide travel lanes, subject further to the conditions of
Section 8.11 .A.4 of this PUD.
,~~,~ 8-10
2. All c~er cul-de-sacs are tequh'ed to have a minimum fifty feet (50') right-
of-way width and two ten foot (10') wide travel hues, subject further to
the conditions of Section 8.11 .A.4 of this PUD.
3. All other local streets ate x, equtred to have a minimum fifty feet (50')
rig, ht-of-w'ay and two twelve foot (12') wide travel lanes.
4. Where sidewalk design substitutions are desired per Section 8. I 1 .A.4 of
this PUt), cul-de-sa~ imp-is ~ have a minimum of two twelve foot
(12') wide travel ~
C. Cul-<lo-ncs shall conform with the r~t~ts of Subsection 3.2.8.4.16.6. but
m~y exceed at length of one thousand feet (1000').
D. Tangents between ttn~rse ctxrves shall not be required under Subsection
3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requirement sh~ll be
seventy-five fu~t (75').
E. 5tn~ gndes my ex__c-:~__ four pe~znt (4%) under Subsection 3.2.8.4.16.14
provided that applicable Florida Department of Transportation, Manual of
Uniform Minimum Standanis (FDOT MUMS) and AASHTO criteria are met.
F. Road~de slopes within private meet tights-of-way may be allowed to a maximum
of 3: l in accf, f~qnce with FDOT MUM$, page HI-35.
$.12 PINE RIDGg CANAL
The existing Pine Ridge Canal within the PUD boundafie~ will be relocated a~ shown on
the Pelican Marsh Community Master Plan. The design of the relocated canal
incorpora~ features intended to fully mitigate for any impacts aJsociated with iu
construction and elimination of the existing canal, and shall therefore not require the use
of mitigation credits established under the Co¢ohatchee Strand Restoration Plan.
Maintenance of the Pine Ridge Canal and rated control strictures within the
boundary of the Pelican Marsh Community PUD shall be the responsibility of the
P~fCDD.
8.13 DEDICATIONS
All dedications of property or facilitie~ for a public purpose, whether by ea.*,emont or
deed, may, at WC'N'$ option, contain a condition limitir~g the use to sa~d public purpose.
In addition, said dedication, at WCN',t option, may contain a reverter clause in the event
the public purpos~ use is discontinued or not commenced within a reasonable time
period. The 'teachable time' will be agreed to between the developer and the grantee
at the time of the dedication, it being the intent of the grantee to have sufficient time to
commence the use of the dedication.
8-11
8,14 PELICAN MARSII COMMtTNTFY SCHOOL SITE
The Pelican Manh Community School Site as shown on the PUD Master Plan shall be
subject to t. he following stzndards and restsic'dons:
A. Permitt~l Us~
!. The school sit~ sh~l only be improved for and used as a school for school
B. Building See}a~k Lines, Siz~ of Building and Building Height
1. The rainthrum setback of any st~z~t~r~ (including ternpomp,
and pertable structm~s) from a property line or right-of-wzy line shzJl be
twenty-five C25) feet on the northe.~ and we~-.rn property lines and fifty
(50) ~'eet on the easz~n a~l southern property lines.
2. No princil~ structu~ o~ any kind ~ e~__~__ t~ree (:3) stories in height
and accet~c~7 struct~r~ shall be limited to a n~ximum of twenty (20) feet
in height. The maximum height of any structure sl~U be measured as set
forth in the Collift County Land Development Code.
C. Landscaping
1. All areas not covered by structures, w~Jkways or paved parking facilities
shall be reasonably m,~,intained and irrigated as lawn or landscape areas to
the pavement edge of any abutting streets, to the properly line and/or to
the Ioc~on requited by South Florida Water Management District of any
abutting lakes, canzl$ or water management areas. No stone, gravel or
paving of any type shall be ~_e~_ as a lawn. All required lawns and
la~Klscaping shall be complete at the time of completion of the structures
evidenced by the issuance of a certificate of occupancy by the appropriate
g~mental agency.
D. Signs
1. Any sign installed In, on or placed within the School Site shall be no
larger than ten (10) feet in length by five (5) feet in height. Lighting of
any sign may be ~uorescent uplight fwtn grade. No neon or colored
lighting is allowed. All signs must also conform with the Collier County
Land Development Code.
S. Exterior U~fing
1. All exterior lighting for the r..hooi building~ shall be for the expreuecl
purpose of safety and seca~ity only and shall use f'txturu, light source,
installation and control techniques to contin light within the School Site
and eliminate or minimize light $pilhg¢ into or onto adjacent properties.
There ~ be ~o nighttime lighting of a~etic or r~ea~c~al playing
f'~ldz or courts or playgr~u~/s within the Sch~o! Site.
fenced-in areas so that ~wy shll not be readily visible.
2. For structuru at the maximum building height, all veins, st~cks, a~d
mechanical equipment of any nature and type, and other such outdoor
equipment located on roof areas shall be sight-~.'Teened so that they shall
not be readily visible from adjacent propea'tier
3. All active spore areas including ~, $¢x:e. er, basketball, football,
etc., shall be gttrack twenty-five C23) feet from the easterly and snthnty
prolzrty lines.
8.15 NOTIFICATION OF PROXIMITY TO COUNTY FACILITY
WCN shall include the foUowing Notice in its sales contracu with purehasca within
PMC who are acquiring an intereU in real property for residential purposes from WCN
Icx~,_~_~ within :500 Unear feet of the close~ boundary of the County's Wastewater
Treatment Plant parcel on Ooocllette Road:
"This is to notify you that the ptoperty you are accluiring is located
within :500 linear feet of the property boundary of Collier Cotmty's
Wastewater Treatment Plant. This notification i$ made at the
request of Collie County.'
The above notification will no longer be required when and if Ihe County adopts an
ordinance or regulation addressing the subject; provided however that WeN shall comply
with the requi~ts of said ordinance or regulation, where applicable.
STATE OF FLORIDA
COUNT'/OF COLLIER
:, DWIGHT i. BRC?::, Ci--.;": .,f .?eurt~ in ~nd ~or the
Twen~Xeth Judicial CIrcuit, Collier County, Florida, do
hereby certify that ~he foregoing Is a ~rue and correct
COpy Of:
Ordinance
WITNESS my hand a~d ~h~ ~f2~c~.~.
County Commissioners of co]~,eT
day of January, 1995.