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Ordinance 95-76 INCLUDES ~E COMPR~SI~ ZONING REG~TIO~ FOR ~E ~INCORPO~TED AR~ OF COLLI~ CO~, F~RIDA BY ~DING ~E OFFICIAL ZONING AT~ ~P N~B~ 8516N; BY ~ANGING ~E ZONING C~SSIFICATION OF ~E H~EIN DES~IBED R~L~ PROP~ FROM RSF-4 TO "PUD" P~NNED ~IT D~PM~T ~O~ AS T~PON COVE FOR 389 SINGLE-F~ILY/~LTI-F~ILY ~ITS, ~CATED ~E NOR~EST CO~ OF WI~INS PASS ROAD (C.R. 888) AND T~I~I ~IL NOR~ (U.S.41) SE~ION 16, TO~SHIP 48 SO~, ~NGE 25 ~ST, COLLI~ CO~TY, F~RIDA, CONSISTING OF 97.28~ ACRES; AND BY PROVIDING AN EFFE~IVE DATE. ~i~REAS, Susan Hobs1 Watts of WCI Communities Limited Partnership, petitioned the Board of County Commissioners to change the zoning classification of the heroin described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: The zoning classification of the heroin described real property located in Section 16, Township 48 South, Range 25 East, Collier County, Florida, is changed from RSF-4 to "PUD" Planned Unit Development in accordance with the Tarport Cove PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 8516N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. 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 /~--- day of ~,~,,__/~j/ , 1995. BOARD OF COUNTY CONMISSIONERS · C~LLIER COUNTY, ~ ATTEST: . .' .. TTHEWS CHAIRMAN · , DWIGHT E. ~ROCK, CLERK AND LEGAL SUFFICIE~ICY STUDENT ASSISTANT COUNTY ATTORNEY PUD-95-11 ORDINANCE/15743 -2- TARPON COVE A FLAHNED UN1T DgVELOPMEHT 97~: ACRES LOCATED IN SECTION 16, TOWNSHIP 485, RAHGE 2~E COLLIER COUNTY, FLORIDA Prepared for:. WCI Communities Limited Partnership 24820 Burnt fine Drive Bonita Springs, Florida 33923 Prepared by: WCI Communities LImited Partnership David Plummtr and Assodates Tun*ell and Associates Butler Engineering DateRevfewedbyCCPC: 11/16/95 . Date Approved by BCC: 1 ~/1 ?/c~ OrdlnaleeNumber:. ~6 TABLE OF CONTENTS LI~ OF Ey, HInrrs ii STATEMENT OF COMPLIANCE iii SHORT TITLE iv SECTION I LEGAL DESCRIFTION, PROPERTY Iol OWNERSHIP & GENERAL DESCRIPTION SECTION I1 PROJECT DEVELOPMENT I1-3 SECTION Ill RESIDENTIAL DISTRICT III-9 SECTION IV RECREATION & OPEN SPACE DISTRICT IV-12 SECTION V RESERVE DISTR.ICT V-14 SECTION V1 GENERAL DEVELOPMENT COMMFrMENT$ Vl-16 i LIST OF EXHIBITS A. Master Plan s,,,mmmml STATEMENT OF COMPLIANCE The purpose of this seelion is to express the in~ent of WCI Communities, L.P., herelnafier rcfcrreA to as WC1 or the Developer, to ereate a Planned Unit Development (PUD) on 97t acres of land located in Sections 16 Township 48 South, Range 25 East, Collier County, Florida the name of the community shall be Tarport Cove. The development of Tarport Cove will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be comistent with the growth policies and land development regulations adopted thereunder of the Orowth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Mixed Use District/Urban Residential Subdistrlct as identified on the Future Land Use Map as required in Objective I, of the Future Land Use Element Cr'I.,UE). The purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few natural resource constraints and where existing and pined public facilities arc concentrated. The existing approvcd density of the property is four (4) dwelling units per acre which is consistent with the authorized density permitted by the FLUE Density Rating ~y~tcm and Policy 5.1. The density rating system pwvidcs as follows: Base Density 4 dwelling units per acre Traffic Congestion Area -1 dwelling unit per acre Frontage Two or More Arttrials +1 dwelling unit per acre Intcrcormcction N/A . TOTAL 4 dwelling units per acre Tarpon Cove is compatible with and complementary to existing and fixture surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements arc pined to be in compliance with Ipplicable land development regulations as set forth in Objective 3 of the Future Land Use Element. l'he development of Tarpon Cove will result in an efficient and economical extension of community facilities and services as required in Policies 3.i.H and L of the Future Land Use ElemenL Tarport Cove is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as my be required by Objective 1 .S of the Drainage Sub- Element of the Public Facilities Element. Tarport Cove is a residential community, planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code Planned Unit Development District. Tarpon Cove represents an infill community within the Urbe. n District, thereby discouraging urban sprawl as required by Policy 5.:t of the Future Land Use Element. SHORT TITLE Thi~ ordinance shall I~ know~ ~xl cited u th~ "TARPON COVE PLANNED UNIT DEVELOPMENT ORDINANCE". SECTION I LEGAL DESCRIPTION~ PROPERTY OWNERSHIP, & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal desadption and ownership of Tarpots Cove and to describe the existing condition of the property pwposed to he developed. 1.2 LEGAL DESCRIPTION Tarport Cove, being approximately 97.28 nags, is legally descn'l~ed as follows: The southwest ~ ('/,) of the Northeast Quarter ('/,) of Section 16, Township 48 South, Range 25 East together with the North one-half (~) of the Northeast Quarter (%) of Seetion 16, Township 4g South, Range 25 East, lying West of the new U.S. 41 Right- of-way, less the North 263.54 feet. 1.3 PROPERTY OWNERSHIP 'l'be subject property is currently under the equitable ownership or control of WCI Communities, Limited Partnership, A Delaware Limited Partnership whose address is g01 Laurel Oak Drive, Suite 500, Naples, Florida 33963 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Seaion 16, Township 45 South, Range 25 East, and is genenlly bordered on the East by Tamiarni Trail North (U.S. 41); on the north by undeveloped land; on the west by undeveloped land; and on the south by Wiggins Pass Road, undeveloped land and scatlered residential uses. B. The zoning classification of the subject property as of this submini is RSF-4, Residential Single Family, 4 units/acre. C. Elevations within the site range from 6' to 10.5' above mean sea level with an average of approximately g.2 feet. Per FEMA Firm Map Panel No. 120067- 019 1 D dated June 3, 1986, the propen'y is located within zone "AE" (elevation I 1.0 N.G.V.D). D. The soil types on the site generally include ]mmokalee fine sand; Pineda fine sand, Basinger fine sand; Boca Riviera, limestone substratum; Copeland fine sand depressional. E. Vegetation on the site prlmadly consists of pine fiatwoods, oak scrub, Cypress, mixed pine and Cypress Hyddc Hardwood and manm~de betms impacted by exotics. I-! F. The project site is located within she Wiggins Bay Outlet Basin, a sub-basin ofthe Cocohatchee River as deplcled within the Collier County Dral~age Atlas (January 1994). The site historically drained in a south-southwest direction through a cypress dominated slough across what is now Wiggins Pass Road and into the Cocohatchee River. The site is now bisected by a Florida Department of Translxrcta~on (FDOT) drainage ditch. The slough connects under Wiggins Pass Road through a series of culverls. The average existing ground elevation is 8.2± and the average wet season water table is estimated to he 7.5:1:. Collie County Ordinance will allow stormwater discharge from the site up to 0.15 cfs/ac (Ordinance 90-10) based on evidence from an engineered study. Previous developments in the area have approvals for 0. I0 cfs/ac. The stormwater on-site can be trmed and stored with · combination of lakes and wetlands. Water managerneat lakes will discharge to the FDOT ditch which traverses the site and ultimately outfalls to Wiggins Pass Road. Th~ Wiggins Pass Road outtall capacity to sufficiently accept nmoff from the project is tinknown and will require an engineering analysis. Other off-site projects will be discharging through the project since its location is at the downstream end of the drainage basin. Roads will,J~¢ constructed at elevations based on the 25 year, 3-day storm event which primrally is in the range of 10.0 to 12.0 NGVD. The finish floor elevations will be based on the 100 year, 3-day storm event (SFWMD), the Federal Emergency Management Agency Cr'EMA) flood elevation of I 1.0 NGVD, or 18 inches above finish grade of the road (Collier Cotnay) whichever is greater. 1.5 DENSITY Acreage of Tarport Cove is apptx,timately 97± acres and the number of dwelling units authorized to be built pursuant to existing zoning and this PUD is identical, 389 units. The gross project density, therefore will be a maximum of 4.0 units per acre as allowed by existing zoning. At all times all property included within Tatpen Cove shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways. I-2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Ta.rtx~ Cove, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES. Taslx~ Cove will include a mix of single family, zero lot line and multi-family housing, rec~tlonal facilities, stormwater management lakes, open spaces, and reserve areas. A Land Use Summary indicating approximate land use aeresges is shown on the Master Plan. The location, size, and configuration of individual tracta shall be determined at the time of approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code 2.3 GENERAL COI~IPLIANCE WITH COUNTY ORDINANCES. A. Regulations for development of Tarport Cove shall be in accordar~ce with the contents of this PUD Ordinance and applicable seetions of the Collier County Land Development Code (to the extent she,/ar~ not inconsistent with this PUD Ordinance) and Collier County Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate. Where this PUD Ordinance fails 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 hereln, or as necessarily implied by contexl, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application, C. Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15 of the Collier County Land Development Code. D. Unless modified, waived or excepted by this PUD or by s~bsequent r~quest, the provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed heroin or as represented on the Tarport Cove Master Plan mz pm't of the regulations which govern the mariner in which the land may be developed. II-3 # F. The Subdivisions Division of the Collier Calmly Land Development Code (Article 3, Division 3.2) shall apply to Tarpen Cove, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.2.4. G. The Site Devcloprnent Plans Division of' the Collier County I.~nd Development Code (Article 3, Division 3.3) shall apply to Tarpen Cove, excc]~t where an exemption is set Forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. 2.4 ROADWAYS Standarcts ~'or roads shall be in compliance with the applicable provisions of' Collier County Land Development Code rc~ulatlng subdivisions, unless otherwise modified, walvccl or excepted 1~y this PUD or approved du~ng Preliminary Subdivision Plat al~q~va]. The Developer reserves the ri~t to request substitutions to Code design standards in accordance with Article 3, Division 3.2. Section 3.2.?.2 of' the Collier County ~ Develo~ent Code. The Devclolx'r, also reserves the right to establish gates, guardhouses, ~ other access controls u may be deemed ,,ppropr~ate by the Developer within privately ow~ecl and maintained pro. jeer roadways, iir so desircd. 2.5 LAKE SETRACK Arid EXCAVATIOZ~ The lake setback requirements descriheci in Article 3, Division 3.5, Section 3.5.7.1.1 oir the Collier County Land Dcvelornent Code may he recluced with the administrative approval of the Collier County Development Services Director. 2.6 USE OF RIGHTS-OF-~,VAY Utilization of' lan~ within all project rights-of=way for landscaping. decorative entranceways, and siZnage may be allowed subject to review And administrative approval by the Developer and the Collier County Development Services Director for en;~ineer~ng and saf'cty considerations during the development review process and prior to any installations. 2.? Z~IODEI., HO~,1ES / SALES CENTERS Model homes, sales centers and other uses and struct,.n'es related to the promotion and sale of' real estate such as, but not limited to, pavilions, vicwlnZ platforms, gazehas, pro'king ereas, tents, and sip, shall he pcrmlt~ed Principal uses throuihout Tarport Cove sub. jcct to the 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 Development Code. 2.8 CflAr~GES AI~D AI~,ZEI~D~ZEHTS TO PUD DOCUiVlEITr OR I~UD I~IASTER Changes and amendments may be made to this PUD Ordinance or PUD M~ter Plan as provided in Article 2. Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinerncnts as described in Section 6.3 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. 2.9 COMI~ION AREA MAINTENANCE The Dt'veioper will create a property owners association or associations, whose functions shall include provisions for the ~ maintenance of common facilities and open spaces. The property owners association shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves seTvinE Tarport Cove, in accordance with the provisions of Collier County ordinance 90-48 and Resolution 90-992, together with any applicable permits from the Florida Department of Envirortmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.10 LANDSCAPE BUFFERS, BER~IS, FENCES AND WALLS Landscape buffc~, betins, fences and wails are generally peTmilled as a principal use throughout Tarport Cove. The following standards shall apply: A. Landscape barins shall have the following maximum side slopes: 1. Ora.tsed herins 3: I 2. Ground covered balms 2:1 3. Rip-Rap ben'ns I: ! 4. Structural ~llecl barins - vertical B. Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the higlg~ ertnvn elevation of the nem'est existing road unless the fence or wall is constructed on a perimeter landscape barre. In these cases the wall shall not exceed six feet (6') in height from the top of b,:rm elevation for berm elevation with an average side slope of 4:l or less, and shall not exceed four feet (4') in height from the top of ben~ elevation for barins with an average side slope of greater than 4:1 (i.e. C. Landscape buffers, barins, fencer and walls may be constructed along the perimeter of the Tarport Cove PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. D. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall not be subject to the height limitations act forth under 2.10B, and shall be governed by the height limitations II-5 for principal structures within fight-or-ways adjoining two or more different districts, the more restrictive height standazd shall apply. E. Pedestrians sidewalks and/or bike paths, water management systems and drainage may he allowed in landscape buffers subject to review and approval by the Collier County Development Services Director. 2.11 REQUIRED ENVIRONMErCI'AL PERMITS Where the development of land within this Planned Unit Development requires a permit from a local, state, or Federal Agency with jttrisdictlon over the property (regulating agency) proposed for development, then the Developer shall obtain such permits as may be required prior to the commencement of construction or alteration of the !and specifically requiring such permit. 2.12 GENERAL PEI~IITTED USES Certain uses shall be considered general pennltted uses throughout the Tarpon Cove PUD except in Reserve Districts. General permiRed uses are those uses which generall.v serve the D~elop~ and residems of Tarpen Cove are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: I. Essential services as set forth under Collier County Land Development Code, Section 2.6.9. I. 2. Water management facilities and related structures. 3. Lakes including lakes with bullthuds or oft,or architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access conffol structures. 5. Community and neighborhood parks, recreational facilities, community centers. 6. Temporary construction, sales, and acL'ninistrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, paxking areas and related uses. 7. Landscape features including, but net limited to, landscape buffers, berms, fences, walls, and entry featm'es subject to the standards set forth in Section 2.10 of this PUD. 8. Any other use whtch is comparable in natm'e with the foregoing uses and which the Development Services Director dcterrnines to be compatible. it-6 B. Development Standards: Unless otherwise set forlh in this document, the following development standards shall apply to structures: 1. Setback from beck of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, gatehouses, stud access control structures which shall have no recIuired setback. 2. Stn.,cture setback from property lines - one half (~) the height of the 3. Minimtnn distance between strucnn'~ which ar~ part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10') 5. Maximum height ofstnsctures - tweqty~five feet 6. Minimum floor area - None required. '> 7. Minimum lot or parcel ares - None required 8. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately Io the width of the paved surface of the sidewalk, bikepath, or cartpath. 9. Standards for parking, landscaping, sip and other land uses where such standards are not specified herein are to be in accordance with Collier County Land Development Code in effect at the time of Site D~'eloprnent Plan or Plat Approval. 2.13 OPEN SPACE REQUIREMENT The PUD Master Plan identifies approximately 51 acres included in the Open Space District, Reserve District, lake, and miscellaneous open space/buffer designations. These areas, tn conjunction with open space ereas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land Development Code. II-7 2.14 NATIVE VEGETATION RETENTION REQUIREMENTS Purstutnt to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable natunlly functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 973 acres (the total acreage). The required 25% natural vegetation to be preserved is 24.3 acres. A total of 36.5 acres are being preserved, in excess of the 25% rgquired, T!ds r~tuirernent is fully satldied within the Reserve lI-g SECTION III RESIDENTIAL DISTRICT a.l PURPOSE The purpose of this Section is to identi~y permitted uses arid development standards for areas within Tarpen3 Cove designated on ~e Master Plan as "P,". 3.2 MAXIMUM DWELLING UNITS A maximum number of 399 residential dwelling units may be constructed on lands designated "R". 3.3 GENERAL DESCRIPTION Areas designated as "R" on the Master Plan are designed to accommodate a mix of residential dwelling types, compatible non-residential uses, essential services, and customary accessory uses. The approximate K'rcage of. the "R" district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of'Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accornmocizte internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof', shall be erected, altered or used, or land used, in whole or part, f'or other than the following: A. Principal Uses: I. Single Family Detached Dwellings. 2. Single Family Patio, Zero Lot Line Dwellings 3. Two, Three Family, and Duplex/l'riplex Dwellings 4. Single Family Attached and Townhouse Dwellings. 5. Multi Family Dwellings including Garden Apartments. 6. Any other principal use which is comparable in natme with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District. I11-9 B. A~ Use~ and Structure: !. Accessory uses and sh-uctures customarily associated with principal uses perrnir~ in this district 2. Any other accessory use which is comparable in nature with the foregoing uses md which the Development getvices Director determines to be compata'ble in the "R" District 3.5 DgVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the Residential District B. Generally, site development standaxds for categories 1 - 4 uses apply to individual residential lot botmdaries and category 5 standards apply to platted parcel ' e. Standards for parking, !andgaptnt. signs end other land uses where such o standards are not specified beein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Off street pea'king required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one developmeaL A green space area of not less than ten fee (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. E. Single family patio end zero lot line dwellings are identified selrarately from single family detached dwelling with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table I. Patio and zero lot line dwellings shall be &fined as any type of detached single family structure employing a zero or reduced side yard as set forth herein. F. Single family patio and zero lot line dwellings, when cjustered, may provide access via easements over common drives serving two or more dwelling units. IIl-lO me TABLE TARPON COVE DEVELOPMENT ~I'ANDARDS FOR *'R" RESIDENTIAL AREA~ PERMITTED USF..S SINGLE PATIO .e. TWO SINGLE FAMII,Y blULTI AND $'TAPfDARD$ FAItIILY ZERO LOT FAMILY & ATTAC"HED, FA~!ILY ' DtTACHtD ~ DUPLEX TRfFL!:X AND D'WtLLtNG$ TOWNHO/J~[ ~ i 2 3 4 Idinimm t.4X A~a 7,.~4X} SF 4,1300 SF 3,0~0 SF ,4 3,000 SF I AC ~,ltntnmm L4x Wid~ '5 75 20 35 30 I~0 Front Yard *S Ffo~tYatd fotA~and Sidt Yard 7j °6 0 of 7j 0 o~ _5 BH .~ BH gt~ Yard Ptim:ipd 20 10 20 20 BH ~ Yard Acc~ 10 Rear Yard td ° I 10 ~ 10 10 .5 BH Maximum ButMing 35 35 35 35 50 Distance Bctwffn 15 10 0e 15 .,~ SBH .,~ SBH Ikad~ !ktSN 04 Eadubdfofaduptn udlrnldmelmmslk~admof3,0G0$Jr. balmd minlmmuk~sm~. oi Z. trofccl{r)m, smteklmemo(fivefe~{~,)mdlkvlMencq4Nwlm~kzaofc~t(0~)y~b~~ ddsafee mectm dMI bm elrn faet(lr)yed. Z4mk'~{r)lwdseeT kee*dmiehs~a~~d~ °7 ~nlk-fenl/anach~lr~k~mdlomlemeeeksmeyotm~mkoeemlmuedt/mm,mm~. A. Ifee lsecd bsend~r almblk dg~e-of-way. mbed~b eraeued hm ee o~m dlN,.ef4sy fim'. III-11 SECTION IV RECREATION & OPEN SPACE DISTRICT 4.1 PURPOSE The px,-rpese of this Section is to identify permitted uses and development standards for areas within Tarpen Cave designated on the Master Plan as "R/OS" and Miscellanec~us Open Space/Buffer. 4.2 GENERAL DESCRIPTION Arns desigtnted as "R/OS" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommcxlate ~anal uses, water management and open space uses, as w~!l as to provide lands for xzlatect ancillax7 uses and esse~tlal services. 4.3 PERI~r[ITTED USES AND STRUCTURES No building or struetxn~, or part thereof, shall be erected, altered or used, or land or water used, in whole or in ~ for other than the following: , , A. Permitted Principal Uses and Structures 1. Tennis clubs, health spas and mher recreational clubs. 2. Project inl'ormation and sales centers. 3. Community maintenance areas, maintenance buildings essential services, irrigation water, utilities pumping facilities and pump buildings, utility argi maintenance staff offices. 4. Open space uses and str?Jctm'es such as, but not limited to, b~ardwalks, natur~ trails, bikeways, landscape nurseries, gazeix>s, picnic areas, fitness trails and shelters. 5. 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/OS" and Miscellaneous Open Space/Buffer District. B. Permitted Accessory Uses and Structm~s I. Accessory uses and structures customarily associated with the principal uses ix-rmirted in this district. 2. Shufflebeard coum, tennis courts, swimming ix~ls, and all other types of accessory facilities intended for outdoor recreation. 3. Telecommtmicationa facilities. IV-12 4. Any other ~ccessory use which is comparable in nat~e with the foregoing uses and which the Development Services Director determines to be compatible in the "R~'OS" and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMENT b~I'AI~DARD5 A. Principal structures shall be sethack a minimum of twenty feet (20.) from "R/OS" and Miscellaneous Open Space/Buffer district botmda~es and private roads, and thirty feet (30') from all PUD bounda~es and residential tracts, except wht'~ the PUD abuts a public fight of way, in which case the setback shall be one half (~) the height of the stmctm'e. B. Accessory structures shall .~back a minimum of ten feet (10') from "~OS' and Misce!laneota Open SpacefBuffe~ district botmdafies and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except ~'here the PUD abuts a public fight-of-way. in which case lhe ~etback shall be one half (~) the height of tk s'a'uctm'~. Lighting fscilitics shall be arranged in a manner which will ~rotect roadways and residential ~ropcrzics from dirt~ g]m'e or unrc~s~rmble interference. D. M~imum height of s~ructures o Thirty feet (30'). E. Minimum distance between all other principa! structures - Twenty feet (20'). F. Minimumdista~cebc~vecnaltotherncce~orystructu:~'s-Tenfeet(10'). O. Minimum floor ~ - Hone rectuirecl. Minimum lot or parcel a~ea - None rectuired* !. Standards for parking, landscaping. si~-~s and other land uses where such ~ ~ not specified heroin ~re to be in accordance with Collier County Lnnd Develot~ment Code in effcet at the time of Site Development Plan Approval. Unies.~ otherwise indicated, recluirod yards, heights, and floor area z~dards apply to principal stmctm'es. IV-13 SECYION V RESERVE DISTRICT 5.1 PURPOSE The purpose of this $cction is to identify pcrmlt~ed uses and development standards for sress within Tarport Ccnre designated on th~ Mas~r Plan, as ~e. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited waler management uses ~d functions. The primary purpose of the Reserve district is to retain viable naturally functioning systems, to allow for resloration and enhancement of impacted or degraded wetland systems, and ~o provide an open space amenity for the enjoyment of Tsrpon Cove residents. 5..t PERMITTED USES AND STRUCTURES No building or structure, or pan thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than lhe following: A. Permitled Principal Uses and IStnscmres 1. Passive recreational areas, boardwalks & recregional shelters. 2. Nature trails. 3. Water management facilities and structures. 4. Roadway erossings and utility crossings where necessary. 5. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS A. All structures shall sethack a minimum of five feet (5.) from Reserve district boundaries and roads, except for pathways, boaxdwalks and water management structures, which shall have no required setback. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties ~'om direct glare or tinreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (I 0') V-14 E. Minimum distance between accessory structures - Five t'eet (5'). F. Minimum floor sres - None required. O. Minimum lat or parcel area - None required. H. Standards for pro'king, landscaping, signs and other land uses where such standards are not specified hereln, ar~ to be in accordance with the Collier County Land Devdopment Code in effect st the time of Site Development Plan Approval. Unless otherwise indicated, required ymts, heights, and floor nr=a standards apply to princip~l stmcuns. RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County. Land Development Code gection 3.2.8.4.7.3 for preservation lands included in the Reserve DistrlcL Tarport Cov~ PUD ~<'etlon 3.5, Table I Iron, ides applicable development standards for lands adjacent to the !~em've Districts. In addition to Collier County, a conservation etsemen~ may also beor~lulred by other regulatory agencies with jurisdi~ion over Reserve Disttt~ lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The de"~'eloper, its successor or assigns, or the property owner's association shall be responsible for control and maintenance of lands within the Reserve Distric~ V-15 m SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.! PURPOSE The purpose of this Section is to set forth the development of commitments of WCI within Tarpen Cave. 6.2 GENERAL All facilities shall be constriped in accordance with the final site development plans, the final suTMivlslon plats, and all applicable s~te and local laws, codes and radiations relating to the ~zbdivision of the land, except where specifically noted or otherwise forth in this do,z~ment, or as otherwi~ ~'ovcd by Collier County. All s~ate and federal permits shall be effective according to the stipulations and conditions of the pennlrtlng agencies. Final mas~er plans, final site development plans or final subdivision plats, and standards and specification of the Collier County Land Development Code relating to the ~ame shall apply to this project, except as otherwise set forth hereln. In ~dition, the Mas~er Plan and the regulations of the PUD document as adopted along with any other specific conditions or ~ipulatlons as may be agreed to in the fezone hearing befor~ the Board of County Commissioners, shall control and be applicable to development of the ~ubject property. The Developer, its successors and assigns shall be bound by uid documents, commitments, end ~ipulations. 6.3 bIA.~;TER PLAN The Master Plan is an iljustrative preliminary development plan. The design elements m~d layout illuswak-d on the Mas~er Plan shall be understood to be flexible, so that the final design may satisfy the Drgeloper's criteria and comply with all applicable r~cluirements of this ordinance. The Development Services Dir,~.'~or shall be authorized to approve minor changes and refinements to the Tarpon Cove Master Plan upon written reques~ of the Developer. A. The following limitat. ions shall apply to such requests: I. The minor change or refinement shall be consls~ent with the Collier County C~owth M~nagernent Plan and the PUD document. 2. The minor change or refinement shall no~ constitute a substantial change pursuant to Afiicle 2, Division 2.7, Subsection 2.7.3.5.1 of the Collier County land Development Code. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental iml~ac~s to abutting !and uses, water management facilities, end Reserve m'~as within or external to the PUD. VI-16 B. The following shall be considered minor changes ot refinements, subject to the limitations of PUD Section 6.3A: 1. Recon~guration of Reserve m~-as, jurisdictional wetland limits, and mitigation fcatu~ as a result of regulatoty agency review. 2. Recon~guration of lakes or pond or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and C~ilier county, and where there is no further encroachment into Reserve areas. 3. Internal realignment of tights-of-way other than a relocation of access points to the PUD. 4. Recon~guration of residential parcels when there is no encroachment into Reserve arras. C, Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that uid changes and refinements are otherwise in compliance with all applicable County Ordinances and regulation~ prior to the Development Services Director's consideration for approval. D. Approval by the Development 5ervlce~ Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 6.4 MONITORING REPORT An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, 5ectlon 2.7.3.6 of the Collier County Land Develc~'aent Code. 6.5 SUNSEITING This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. 6.6 TRANSPORTATION A. The developer shall provide appropriate leR and/or tight turn lanes at all community access points to public tights-of-way at the time of construelion of each access. VI-17 B. The developer shall provide arterial level street lighting at all community access points to State or County public Hghta-or-way at the time of construction of each access. C. Payment of Road Impact Fees shall be in accordance with the Co[l i~ County Rcrad Imp-act Fee Ordinance No. 8:5-55 as amended, with the stipulation that payment shall occur at the time of buildlng permit issuance or in accordance with the rcqulrcmcnts of the Collier County Land Development Code, Division 3.15, Adequate Public Facilities. 6.7 WATER P, IANAGEMENT A. A copy of a South F!odda Water Management Difirict Permit or Early Work Permit is required prior to construction plan approval. B. All off-site flow collection and routing facilities shall be reviewed and npproved by Collier County Development Services Dclrartment at the time of subdivision construction plan approval. C. The rate of post-de~'elopment storm water discharge will be determined by SFWMD during the surface water management permitting process. D. The engineer should verify the capacity of the existing offsite drainage system to convey the flows exiting this site. Ir the capacity is insufficient, the developer/owner shall pay their fair share of any necessary off-site improvements. 6.8 UTILITIES A. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitZing under FA.C. 10D-6, and may use potable or irrigation wells. B. The project will be served by central potable water distribution, fire protection and sewage collection facilities. C. Irrigation water will be provided with a separate distribution system supplied by onsite wells, reclaimed water or other non-potable water source. D. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained tn accordance with Collier County Ordinance No. 88-76 ss amended, and other applicable County rules and regulations. E. The on-site water dis~bution system serving the project must be conneeted to the Collier County Water-Sewer District's (the District) water main available and adjacent to the Cotnmunity boundaries consistent with the main sizing requirements specified in the project. [During design of these facilities dead-end VI-I8 mains shall be minimized by looping the internal pipeline network where feasible.] 6.9 ENVIRONMENTAL A. Development orders su/~nitted after five (5) yean (from date of original Environmental Impact Statement) shall include an environmental impact statement, except that the applicant may request an administrative waiver of this provision where Staff determines that there are no additional environmental issues or where a prior environmental impact assessment was prepazed or updated for the same area of larld within five (5) years. B. Provisions 6.9A does not relieve the Developo~ from providing, or foreclose the County from requesting, inforn~ttion relative to new or changed environmental conditions on the site relative to species of special status punuant to Collier County Land Development Code Section 3.8.5.4.1.5.d and e. C. In accordance with Policy 7.3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated. Compensation for lost habitat whose extent has been al:~roved by the Florida Game and Fresh Water Fish Commission CFGFV/FC) shall be in accordance with FQFWFC policy. ' · D. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules and be tabjeer to review and approval by Planning and Technical Services Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 6.10 SUBDIVISION REQUIREblENTS AND STANDARD DESIGN SUBSTITUTIONS Tarpen Cove shall be required to conform with the sulxlivision improvement r~uirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8 unless other~'ise stated in this PUD. The following substitutions to the improvement standards are approved for Final Subc!ivision Plat requirements: A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows: 1. All through streets shall be considered local sueors and shall be required to have a sidewalk or bikepath on one side of the street. 2. All cu!-de-sacs sewing mor~ than fifty (50) single family lots shall be required to have a sidewalk or bikepath on one side of the greet. 3. All cul-de-sacs serving less than (50) single family lots shall not be required to have a sidewalk or bikepath prcn, tded the following conditions are satisfied: a. The fight-of-way section shall include two twelve foot (12') wide travel lanes, and VI-20 b. The gross density of the cul-de-sac shall be less than two (2) units per acre. B. Prime streets shall conform with the fight-of-way and pavement width requ{,~,,ents of Subseetlon 3.2.8.4.16.5 except as follows: !. Cul-de-sac and local streets less than one thousand feet (1,000') in lengih are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of 8oction 6.10.A.3 of this PUD. 2. All other cut-de-sacs are required to have a minimum fifty feet (50.) right- of-way width and two ten foot (10.) wide travel lanes, subject fiather to the conditions of Section 6.10.A.3 ofthls PUD. 3. All other local streets ar~ required to have a minimum lift7 feet (50') right-of-way and two twelve foot (12') wide travel lanes. 4. Where sidewalk design substitutions ar~ desired per Section 6.10.A.3 of this PUD, cu!-de-sae slreets shall have a minimum of two twelve foot (12') wide travel lanes. C. Cul-de-sacs shall conform with the requirements of Subsection 3.2.S.4.16.6 but may exceed a length of one thousand fe~t (I000'). D. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10 except on the community roadway where the requirement shall be seventy-five feet (75'). 6.11 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.g.3.14 of the Collier County Land Development Code, accommodation shall be made for the f~ure use of building space within common areas for the purpos~ of accommodating the function of an electoral polling place. An agreement betw~a the Supervisor of Elmlons and the Developer may be recorded in the official records of the Clerk of the Cir,:uit Court of Collier County, and will be binding upon any arK! all successors in interest that acqulr~ ownership of such common areas including homeownen associations or tenants associations. This agreement will provide for said community recreation/public buildlng/public room or similar common facility to be used for a polling place if det~i, ilned to be necessary by the Supervisor of Elections. VI-21 TARPON COVE STATE OF FLORTD~) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 95-76 Which was adopted by the Board of County Commissioners on the 12th day of December, 1995, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of December, 1995. DWIGHT Z. BROCK .. ...... Clerk of Courts and Clerk .. ". Ex-officio to Board ~f. County CoumnissionerS" :' Deputy Clarke '