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Ordinance 93-21 ORDINANCE NO. 93- 21 -.:.. SECRF,.'[ARY OF AN ORDINANCE AMENDING ORDINANCE NUMBER '!~ 91-102 THE COLLIER COUNTY LAND "' DEVELOPMENT CODE WRZCH INCLUDES TIIE COMPREHENSIV'R- ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF' COLLIER COUNTY~ ~LORZDA BY AMENDING THE OFFZCZA'r. ZONING ATLAS MAP NUHBER 851112~ BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "Ae AND "A-ST~ TO "PUDa PLANNED UNIT DEVELOPMENT KNOWN AS DYNABEL PUD CONSISTING OF A COMBINATION OF RESIDENTIAL USES (TOTAL OF 390 MIXED RESIDENTIAL UNITS) AND RECREATIONAL AHENITIES FOR PROPERTY ~- _.- LOCATED ON THE NORTH SIDE OF THE FUTURE COUNTY ROAD 860, APPROXIMATELY 5,000 FEET EAST OF OLD U.S. 41, LOCATED IN SECTION 11, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 190.2 ACRES~ AND BY PROVIDING AN · EFFECTIVE DATE '= WHEREAS, Alan Reynolds of Wilson, Miller, Barton & Peek, Incorporated, representing Henk Morelisse, Jr., Dynabel ~%" Investments Partnership, petitioned the Board of County Commissioners to change the zoning classification of the f' ,y herein described real propertyl NOW, THEREFORE BE IT ORDAINED by the Board of County ...[.:~;,-: Commissioners of Collier County, Florida: ~-:~, The Zoning Classification of the herein described real :"?"" property located in Section 11, Township 48 South, Range 25 "' · East , Collier County, Florida,is changed from "A" and ~.' "A-ST" to "PUD" Planned Unit Development in accordance with the Dynabel PUD Document, attached hereto as Exhibit "A" and "- incorporated by reference herein. The Official Zoning Atlas Map Number 851112, as described in Ordinance Number 91-102, the Collier County Land Development C~de, is hereby amended i',: accordingly. '::k;:.:,'., This Ordinance shall become effective upon receipt of ~I notice from the Secretary of State that this Ordinance has ~r:~' .'/. been filed with the Secretary of State. PASSED 2M~D DULY ADOPTED by the Board of County :(' Commissioners of Collier County, Florida, this .1,' ;....... i~- ' _, 1993. BOM~D OF COUNTY !.~' "":: X: t: SAUNDE~'S, " PLANNED UNIT D~VEEOPMENT DOCUMENT :~. L,: DYNABEL .7 ., · :. .. 195.4 Acres Located in Section 11 Township 48 South, Range 25 East Collier County, Florida PREPARED FOR: DYNABEL INVESTMENTS, LTD. C/O HENK MORELISSE, JR. 113 PALMETTO DUNE CIRCLE NAPLES, FLORIDA' 33962 PREPARED ALAN D. REYNOLDS, AICP WILSON, MILLER, BARTON & PEEK, INC. ENGINEERS, PLANNERS & LAND SURVEYORS 3200 Bailey LAne DATE FILED: July 18. 1990 DATE APPROVEO BY BCC:' Ma~v 11. 1993 .. ORDINANCE NUMBER: 93-21 List oZ Exhibits and Tables Statement of Compliance and Short Title SECTION I Property Ownership and Legal Description 1-1 SECTION II Pro~eot Development 2-1 SECTION III Residential 3-1 SECTION IV Conservation and Open Space Areas 4-1 SECTION V General Development Commitments " ~.IST OF EXHIBITS AND TAB~=S ', EXHIBIT A Planned Unit Development Master Plan ~ (Prepared by Wilson, Miller, Barton o= & Peek, Inc. File No. RZ-lS4A) TABLE I Development Standards' ~,~;,.,, STATEMENT OF COMPLIANCE It is the intent of Dynabel Investments~ Ltd. to create a Planned Unit Development (PUD) on 195.4~ acres of land located in Section 11, Township 48 South, Range 25 East, Collier County, Florida. The name of this proposed development shall henceforth be known as Dynabel. The subject property is generally bordered on the west'and north by undeveloped agricultural land, on the east by the Livingston Road Country Club P.U.D. and on the south by future east/west CR 860 and Imperial Golf Estates. The residential and recreational facilities of Dynabel will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of Collier County for the following reasons: 1) The subject property is located within the County Urban Residential Service areas and there are adequate available community facilities and services to support the proposed residential density. 2) The project development is compatible and complimentary to the surrounding land uses and future uses allowed by the Future Land Use Element. 3] Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 4) The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3.1.H. and 3.1.L. of the Future Land Use Element. 5) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 6) The proposed density of 2 dwelling units per acre is less than that allowed under the Future Land Use Element. 7) The project includes extensive open spaces in the form of ~ conservation areas, open space and lakes and incorporates '. natural features to provide a high quality of life for its " residents. S) All Final Local Development Orders for this project are subJeot to the Collier County Adequate Public Facilities Ordinance. ~.' = ~ SHORT TITLE ~;~ This ordinance shall be known and cited as the "Dynabel Planned Unit ~.'. Development Ordinance.. .-=:.. SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1.01 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describ& the existing : conditions of the property proposed to be developed under the project name of Dynabel. 1.o= P.o EPTY OWNE. S.I,, The subject property is currently owned by Dynabel Investments, Ltd. (heretnafter referred to as "applicant" or "developer"). 1.03 LEGAL DESCRIPTION The southeast 1/4 of the southwest 1/4, less south 30 feet and southeast 1/4 of the northwest 1/4 and southwest 1/4 of the northeast 1/4 and northwest 1/4 of the southeast 1/4 and northeast 1/4 of the southwest 1/4, less north 1/2 of southwest 1/4 of northeast 1/4 of southwest 1/4 of Section 11, Township 48 South, Range 25 East, Collier County, Florida. 1.04 GENERAL DESCRIPTION OF PROPERTY AREA The site is currently undeveloped and the existing vegetation consists of abandoned agriculture fields, pine flats with palmettos, prairie grasses, and cypress. The current zoning classification of the subject property prior to this rezone request to PUD is A and A "ST". . 1.05 PHYSICAL DESCRIPTION The project consists of three interconnected basins main- tatned at separate control elevations. The control elevations are set to maintain and enhance conservation The typical soil types for the project area are Arzel fine sand, Broward fine sand, Broward Ochopee complex, Kerl fine sand, Ochopee fine sandy marl and Rockland. 1-1 SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to delineate ~nd generally describe the project plan of the development, elationships i to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.02 G~ERAL Dynabel is a planned co~munity consisting of a combination of residential uses intermixed with lakes, open space and conservation areas which create visual and recreational amenities. a. Regulations for development of Dynabel PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of building permit appl~cation. Where these regulations fail to provide development standards then the provisions of the most similar district in the County Land Development Code shall apply. b. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the t~me of building permit application. c. All conditions imposed and all graphic material. presented depicting restrictions for the development of Dynabel shall become part of the regulations which govern the manner in which the PUD site may be .developed. d. Unless modified, waived or excepted by this PUD, the provisions of other land development codes where applicable remain in full force and effect with respect to the development of the land which comprises this e. Development permitted by the approval of this petition will be subject to a review Under the provisions of the Adequate Public Facilities Division 3.15, Article 3, of the Collier County Land Development Code. 2-1 !~!' 2.03 DESCRTPTrON OF PRO~ECT PLAN AND PROPOSED LAND USES a. Exhibit "A" - Planned Unit Development Master Plan has a schedule o~ the intended land use types, with ~. approximate acreages and maximum dwelling units :~ indicated, The arrangement o~ these land use types is also shown on Exhibit "A", Changes and variations in design and acreages shall be permitted a~'~inal design to accommodate topography, vegetation, and other site ~. ~ conditions. The speci~lo location and size individual traots and the assignment o~ dwelling units thereto shall be determined at the time o~ detailed site development planning or b. Minor changes to the Master Plan shall be subject to the provisions o~ Section 2.7.3.5.6, Division ' Article 2 o~ The Land Development Code. The Zinal size :~.. oZ the recreation and open space lands will depend on .; the actual requirements ~or water management, roadway pattern, and dwelling unit size and configuration. c. At the time of Final Subdivision Plat review and approval rot each subdivision phase, the location, size I; and configuration oZ land use tracts shall be identified, along with the assignment of permitted '( residential land usa types, The assignment of maximum .- allowed residential density shall also occur at the time o~ subdivision 'review and approval. ZZ the maximum allowed residential density is not ~ully used within that subdivision phase of the pro~ect, the unused remainder may be assigned to another phase(s) ~. the pro~ect. ~..' d. All necessary easements, dedications, or other ~.:~ instruments shall be granted to insure the continued ~;~ operation and maintenance o~ all service utilities in compliance with applicable regulations in effect at the time of development. In addition to the various areas and specific items shown in Exhibit "A", any other easements that may be necessary shall be established within or along the appropriate tracts. e. Roads and other infrastructure may be either public or private, depending on location, capacity, and design. Developer shall create appropriate homeowner associa- tions which will be responsible ~or maintainin~ the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County. Standards for roads shall be in compliance with the applicable provisions of Collier County Ordinances regulating subdivisions, unless otherwise approved as substitutions during Subdivision Approval. 2-2 ::: 2,04: ~R~TEC~ The total acreage of the Dynabel Planned Unit Development is approxi~ately 190.2 acres. The maximum number ~ dwelling units to be built on the total acreage is 390. The number of dwelling units per gross acre is approximately 2. The density on individual parcels of land throughout the project may vary according to the type , housing placed on each parcel of land but shall comply with ~ ~ the development standards listed in Table ZZ and with "::'! ~uidelines established in this document. 2.05 As depicted on the PUD Hastar Plan (Exhibit A), lakes and natural retention areas have been sited adjacent to planned 'i roadways, property lines, and existing natural open spaces. The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efZiciency of the water management network. Accordingly, the require- ments described in Section 3.5.7. of the Land Development Code may be reduced subject to the approval of the Pro~ect Review Services at the time of Subdivision and/or Excava- tion permit approval. Fill material from lakes is planned to be utilized within the project, however excess fill material, may be utili:ed Off-Bite. The volume of material to be removed shall be limited to 10% o~ the calculated excavation volume to a maximum oZ 20,000 cu. yds. If the applicant wishes to take more o~f-site, a commercial excavation permit will be required. Final lake area determination shall be in accordance with the South Florida Water ~anagement District stormwater criteria and Section 3.5.7 o~ the Land Development Code. 2.06 RE~ATED PRCXTECT PLAN APPROVAL REOUZREM~HTS a. Prior to the recording of a Record Plat, for all or ~:~ pa~t o~ the PUD, final plans of all required I~ improvements shall receive approval o~ the appropriate . Collier County governmental agency to insure compli- ~ ance with the PUD Hastar Plan and the Collier County Land Development Code. b. Exhibit eA", PUD Hastar Plan, constitutes the required " PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, If ., applicable shall be submitted for any area to be subdivided. Any division of property and the development of the land shall be in complianc~ with the Collier. County Land'Development Code and the platting laws of the State of Florida. ~.~ c. The provisions of Division 3.3, Article 3 of the .,~, Collier County Land Development Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Division ~ prior to the issuance of a building permit or other ~. = : development order. :. d. The development of any tract or parcel contemplating fee simple ownership of land shall be required to i,~ submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of .: Division 3.2, Article 3, of the Collier County Land Development Code, prior to the submittal of construction plans and plat for any portion of the ~-., tract or parcel. u' e. Appropriate instruments will be provided at the time of infrastructure1 improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.07 A~ENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN .: Amendments may be made to the ,PUD as provided in Section 2.7.3.5., Division 2.7, Article 2 .of the Collier County .. Land Development Code. 2.08 TIME LIMITS FOR APPROVED P.U.D. MASTER PEAN~ This PUD is subject to the provisions in Section 2.7.3.4, Division 2.7, Article 2 of the Collier County Land Development Code. 2.09 This PUD is subject to the provisions in. Section 2.6.30, Division 2.6, Article 2 of the Collier County Land Development Code. 2.10 An annual monitoring report shall be submitted pursuant to Section 2.7.3.6, Division 2.7, Ar=lcle 2 of the Collier County Land Development Code. 2-4 2~11 MQD~L HOHES AND MODEL UNITS Model Homes and units shall be permitted in conjunction ~'=~ with the promotion of the development subject to the ~., followlngt !~,:. .. a. Models permitted as "dry models" must obtain a .. conditional certificate of occupancy for model purposes "'; : only. "Wet" models may not be occupied until a ,':' permanent certifioate of occupancy is issued. b. "Wet" models utilized as "sales offices" must obtain ~1~. approval by and through the Site Development Plan L.~ process or whatever approval process is in effect at that time. The SDP process shall not be required for dry models pursuant to this Section. c. Prior to recorded plats, metes and bounds legal :,"~! descriptions shall be provided to and accepted by a, Collier County as sufficient for building permit ~[' issuance. Said metes and bounds legal descriptions .~. must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. ,, d. Temporary access and utility easements may be provided ~:!~,' in lieu of dedicated right-of-ways for temporary  service to model homes or units. ~:~' e. Sales, marketing, and administrative functions are · ,-, permitted to occur in designated "wet" model homes or .,. units within the project only as provided herein. :~ f. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water .: system is available. A water management plan must be ,q. provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surface. The system shall be designed and constructed so that it is integrated with the master system for the entire development. g. No models will be permitted until access to Dynabel PUD is under construction or built to County design standards, in accordance with the agreement referenced i. in PUD Section 5.07. 2-5 2o12 ~A~SCENT~a~ '. a. "Sales Centers" may be constructed prior to recording of a plat. "Sales Centers" may be serviced by a tempora utility (I.e. dry well and septic utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements or as , approved by the appropriate fire district are required unless a permanent water system is available to serve the Center. b. Review and approval of "Sales Centers" shall follow the requirements of the Site Development Plan process (Land Development Code Section 3.3.5.) or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. c. At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2o13 Development within the project shall be subject to all lawfully adopted impact fees in effect at the time of final local Development Order issuance and in accordance with the Impact Fee Ordinances listed in Article 4 of the Collier County Land Development Code. 2.14 LAND USE SUMMARY Refer to the P.U.D. Master Plan, Exhibit A, (WMB&P, Inc. File No. RZ-lS4A). 2-6 060 147 SECTION III RESIDENTIAL The purpose of this Section is to set forth the regulations . for the areas designated on Exhibit 'A', Planned Unit ' Development Master Plan, as 'R' or Residential. A maximum number of 390 dwelling units may be constructed on lands designated as 'R' or Residential. 3.03 ~ENERAL DESCRIPTION Areas designated as 'R' on the Master Land Use Plan are designed to accommodate a full range of residential dwelling types. Approximate configurations of land use tracts have been indicated on the P.U.D. Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts are designed to accommodate internal roadways. 3.04 PERMITTED PRINCIPAL USES AND STRUCTURES a. Detached single family homes. b. Zero lot line and patio homes c. Single family attached and duplex. d. Multi-family dwelling units. e. Water management facilities~ essential services (in accordance with Section 2.6.9. of the Land Development Code). Lakes, including lakes with bulkhead and other types of architectural bank treatment. f. Recreational facilities and clubhouses. g. Parks, open space recreati0nal activities and similar uses, including but not limited to shuffleboard ,oo, 060 148 ~.!:. courts, tennis courts, swimmingpools, boat docks and ramp, canoe launches, fishing piers, boat storage, ' beach gazehoe, health'trails, bike paths and nature trails, equestrian paths, observaUlon platforms, J~ boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. ~7-' h. The cjustering or grouping of housing structure types identified in Table I of this PUD document may be permitted on parcels of land under unified ownership, - · or as may be otherwise provided in Section 2.6.27., Division 2.6, Article 2, of the Collier County land ,: Development Code. ~.~' · ::, i. Any other use which is comparable in nature with the foregoing uses and which the Collier County Current Planning Manager determines to be compatible in the district. ::. 3.05 PERMITTED ACCESSORY USES AND STRUCTURE~ a. Accessory uses and structures customarlly associated ]~. with uses permitted in this district. :~.. b. Essential services and facilities. ?..' c. Recreational facilities accessory to a residential '.'.' structure. '~'I~ d. Any other accessory uses or structures which are ~'~" comparable in nature with the foregoing uses and which .. the Collier County Current Planning Manager determines to be compatible in the district. ,., 3.06 DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the 'R' Residential District. Site development standards indicated on Table I for category 1, 2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: a. If the parcel is served by a platted County dedicated public right-of-way, setback is measured from the existing right-of-way line. Front yard setbacks shall be measured as follows: a. If the parcel is served by a platted County dedicated public right-of-way, setback is measured from the existing right-of-way line. b. If the parcel is served by a platted private road, setback is measured from the road easement or parcel line. c. If the parcel is served by a non-platted private drive, setback is measured from back of curb or edge of pavement whichever is closer to the str~cture. Standards for parking, landscaping, signs, ~uard houses, entrance gates and other land uses not specified heroin are to be in accordance with the Collier County Land Development Coda in effect at the time permits are requested unless othe~wise specified heroine Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. DEVELOPMENT STANDARDS 'R' Residential Areas i=, , ~ TOWN-HOUSES ' ' SINGLE ZLL/ SINGLE PERMITTED USES FAMILY PATIO FAMILY VILLAS "' STANDARD5 DETACHED LOTS ATTACHED MULTI-FAMILy CATEGORY I 2 3 4 .a MINIMUM SITE 9000 5000 3500 3500 .i~.~AREA SF/LOt SF/LOt SF/LOt SF/D.U. SITE WIDTH 90' 50' 35' 150' MIN. AVG. ?.~..!;!. I SITE DEPTH 120' 100' 100' 150' MIN. AVG. !'~!' SETBACK ~,..,.. '. SIDE YARD 10' 0 or 5' 0 or 5' 10' BETBACK-PRINCIPAL .- & ACCESSORY · REAR YARD 15' 1.' 1.' 20' ::,:~.,, SETBACK PRINCIPAL Ji' REAR YARD 10' 10' 10' 10' "=.; SETBACK ACSRY. 5 ' · 5 ' · 5 ' · 5 ' · MAX. 'BUILDING ~',:~ HEIGHT STORIES ABOVE PARKING 2 2 3 3 ~.... DIST. BETWEEN ,~';~?"; PRINCIPAL STR. 20' 10' 10' or 1/2 SBH 20' or 1/2 SBH :. MINIMTJN/S.F.} 18.0 1200 100Q SITE DEPTH AVERAGF~ Determined by dividing the site area by the site width. . .~>=j ~ The average distance'between straight lines connecting front and rear parcel lines at each side of the site, measured as ~., straight lines between the foremost points of the side parcel lines in % the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersec- tion with the rear parcel line). May be reduced on cul-de-sac lots. For all housing types where a 0' setback is permitted, provide for ;~ easements on the plat or homeowners association documents to allow property owners access to their structure (for maintenance purposes ~ .'. = pri~rily). SBH - Sum of building heights. · Abutting upland buffer (if required) adjacent to wetlands. PATIO [Zero Lot Line}: Means one wall of the residential structure is concurrent with a side property line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. Alternatives to conventional zero line are permitted subject to County staff approval. ~INGLE FAMILY ATTACHED/TOW~g]~: Means a series of single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. XILLA~: Means a housing structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. ~TIPLE FAMILY: Means a housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, or villas. Generally includes a structure of two or more story's with dwelling units above dwelling units each of which may be accessed directly from the outside or a common interior location. SECTION IV CONSERVATION AND OPEN SPACE AREAS ~ ]. 4.01 PURPOSE i~' :' The objective of this Section is to set forth the regulations for areas designated on Exhibit 'A' Planned .~. ~ : Unit Development Master Plan, as conservation areas and ..rE open space. The purpose is to conserve both upland and '. wetland habitat to ~aintain a natural environment and open space system. 4.02A PERMITTED USES AND STRUCTURES ~..CONSERVATION AREAS No building or structure, or part thereof, shall' be erected, altered or used, or land or water used, in whole or in part, for other than the following: a. Exotic vegetation removal as required by Division 3.9 .., of the Collier County Land Development Code. b. Elevated wooden ~oardwalks, elevated wooden observation !j. platforms. c. Pervious nature trails constructed at grade. ~= d. Utilization for stormwater management/retention as a secondary function providing that no dredging, filling n', or excavation for said activity(ies) is involved, >9" unless otherwise required by State or Federal wetland ~=' Jurisdictional agencies. .b.. =' ' Said boardwalks, platforms and/or trails shall be designed to avoid the removal of native vegetation to " the maximum extent possible, and shall be field located by the applicant and approved by Collier County Project Plan Review Services - Environmental Staff. e. Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County · Current Planning Manager determines to be compatible with the intent of this district. 4.02B PERMITTED USES AND STRUCTURES - OPEN SPACE AREA~ No building or structure, or pert thereof, shall be ereoted, altered or used, o.,~ land or water used, in whole or in part, for other than the following| a. Parks, passkve recreational areas, boardwalks, observation platforms. .~ b. Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage. c. Equestrian paths. d. Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and ut{.llty crossings. e. Recreational shelters, active perk facilities, and restrooms, off street parking, lighting and signage. f. Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Current Planning Manager determines to be compatible with the intent of this district. 4.03 DEVELOPMENT STANDARD[[ a. Overall site desk n shall be harmonious with the area's natural charaute=Ystlcs. b. All work proposad in conservation areas designated on the Master Plan shall be reviewed and approved by the Collier County environmental staff and appropriate county, state o= federal regulatory or Jurisdictional agency prior to ':he commencement of any such activity. c. The County may request copies 0f permits from all appropriate regulatory agencies or Jurisdictional agency prior to construction plan approval. Conservation areas are subject to Jurisdictional agencies review .and listed usages do not guarantee that those usages wtll be approved. d. Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified heroin are to be in accordance with the Collier County Land Development Code in effect at the time local final development orders are requested unless otherwise specified heroin. 4-2 SECTION V GENERAL DEVELOPMENT COMMITMENTS ?".'. S.01 PURPOSE ~i' The purpose of this Section is to set forth the development ='~!~ ' ~ commitments of the project. 5.02 All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plats and all State and local laws, codes, and regulations applicable to this PUP. Except where specifically noted or stated otherwise, the standards and specifications of the official Land Development Code effective at the time building permits are obtained, shall apply to this project. The developer, his successors and assigns shall be responsible for the commitments outlined in this document. · The developer, his successors or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted and any other conditions of modifications as may be agreed to in the rezoning of the property. In addition the developer will agree to convey to any successor or assignee i~:: in title any commitments within this agreement. ;.r, " :~ a. The P.U.D. Master Plan (Wilson, Miller, Barton, Soll & ~ Peek, Inc., Drawing File Number RZ-lS4A) is an ,~.. iljustrative preliminary development plan. The design criteria and layout Iljustrated on the Master Plan ~:, shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all :!:'. applicable requirements of this ordinance. .., : b. All necessary easements, dedications, or other .. instruments shall be granted to insure the continued (:~!~ operation and maintenance of all service utilities. c. The developer ~hall provide a 10 ft. landscape buffer .. along the entilTe southern property line. This buffer will be in a separate platted tract (not within a right-of-way) for all buffers required between on-site !: right-of-way and off-site County right-of-way. Buffers :~ may be included within the platted lots that directly 5-1 backup to an off-site County right-of-way, provided it ,"[' shall not be included in the rear-yard setback measurement for such lot[s). All landscape buffers '.~' required by the Land Development Code must be designed, ~'. bonded, permitted and constructed as part of the subdivision improvements for the project. ~. ' : a. X minimum of twenty-five percent (25t) of the entire site's native vegetation shall be retained as required by Section 3.9.5.5. of the. Collier County Land ~" Development Code. Xrea(s) of r~tention (preservation) i-l: shall be designated on the Preliminary Site Development i~~ Plan/Preliminary Subdivision Plat (PSDP/PSP) submittal. ~ b. Collier County jurisdictional ~etlands shall be flagged by the petitioner, and shall be field verified by -. Collier County Project Plan Review - Environmental ~ Staff prior to ~nd as part of the PSDP/PSP approval. c. (1) Wetlands proposed as conservation areas shall be '~'~[, field varified and approved by Project Plan Review - Environmental Staff, prior to Preliminary Subdivision Plat approval and surveyed prior to Final Subdivision Plat approval and shall be designated as conservation easement(~) on the final plat. Proposed impacts to Jurisdictional wetlands, as indicated on the PUD Master Plan, dated March 4, 1991, may require adjustments to conform to the field delineated conservation area boundaries. (2) Protective covenants relating to said ;.~ conservation easements shall be according to ~[:. Florida Statute Section 704.06 and shall be so. i indicated on the plat and/or site plan/construe- " tion plans under "Notes". Said conservation ~' easement(s) shall be recorded in the Public Records of Collier County. d. No encroachment or construction activity (including .,.. roads, structures, lakes, etc.) shall occur within the .~.. designated conservation areas. Any future proposed ~ roads or other impacts to the conservation area(s) than those indicated on the 3/4/91 PUD Master Plan, must be within upland area(s), as defined by the Florida Department of Environmental Regulation criteria and ,~ comply with all applicable' Collier County standards/ 'i' requirements. If a road crossing is allowed under the ,oo 860 , 156 aforementioned conditions, the petitioner shall apply ~ for an exemption from the preliminary subdivision plat ~. regulations to narrow the road to fit within the defined upland corridor. No encroachment into the " = Collier County Jurisdictional area(s) shall be allowed ~ ' for said road. ~1 ~ , e. Plane for any required State and Federal wetland ~2 miti~ation shall be submitted to Project Plan Review - Environmental Staff, for review and incorporation ~ into the final site plan/construction plan. f. Proposed wetland impacts to Collier County ~ Jurisdictional wetlands shall be subject to Project . Plan Review - Environmental Staff approval. All proposed mitigation for impacts to Collier County Jurisdictional wetlands shall comply with Appendix 7 of , the South Florida Water Management District rules. Mitigation areas shall be identified and treated in the ;= same manner as wetland conservation areas as described in Environmental Stipulation 5.04C (1) and (2). g. Control structures shall be set at or above biological indicators (i.e. lichen lines) of the adjacent wetlands. Control elevations shall be established which provide hydroperiods that reasonably assure successful restoration/preservation and/or enhancement ~! ....... of the wetlands. .. :;;' h. Petitioner shall document the presence of or absence of !';ii, archaeological areas on the subject property. .~ Statements by a recognized authority and or documentation from resources such as the State of ! Florida Bureau of Historic Preservation, Tallahassee,. Florida will be accepted.' ;~';~ i. Exotic vegetation removal in accordance with Section ~,1 3.9.6.6. of the Land Development Code a monitoring and maintenance (exotic-free) plan for the site, with ..! emphasis on the conservation areas, shall be submitted ~'~ " to Project Plan Review - Environmental Staff for review ~,. and approval prior to final site plan/construction plan ~ approval. J. Protectod plant and animal species recorded as a result ;~ 'of any future required protected species surveys shall ;. ' ..... be protected in place or relocated in conformance with ~ -- applicable local, state and federal requirements in ., effect at the time of any local development order . approvals affecting the recorded protected species. 5-3 -. ,o. 060,, 157 Should ~he South Florida Water Management District (SFWMD), during lt's permit review process, require a natural vegetativxl buffer be created between the lots and any Jurisd~ctional wetland Preserve and/or Conservation tract, the buffer shall not be located within the boundaries of the lot(s). It shall be created as a separate platted tract or .as a buffer easement over an e:cpanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage tracts, ~o include the buffer within the Preserve tract. If the buffer is located within a separate tract, ~hat tract shall be dedicated on the plat to the proJect's homeowners associa=lon or like entity for ownership and maintenance responsibilities and if necessary, to Collier County with no responsibility for maintenance. All Preserve buffer easements or buffer tracts shall be created in conformears with the provisions of Section 704.06, Florida Statutes. If the SFWMD relieves the County, in a manner satisfactory to the County, of maintenance and enforcement responsibilities, the buffer may be located on lots and the following stipulation will apply in place of the foregoing stipulation. 1. If (a) the SFWMD Jurisdictional wetlands are utilized as part of the proJect's water management system, and (b) the SFWMD requires a natural upland buffer adjacent to wetlands, the buffer shall be included in the conservation tract, or otherwise protected in accordance with applicable ordinances or regulations. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the proJect's home- owners association or other similar entity for ownership, maintenance and enforcement responsibilities with adequate safeguards to ensure that those responsibilities run with the land. If the buffer is located on lots of development tracts, adequate safeguards shall be established. to provide for enforcement of clearing/alteration restrictions, with adequate safeguards to ensure that those responsibili- ties run with the land, that are acceptable to the SFWMD and Collier County. WATER MANAGEMENT a. Detailed paving, grading, and site drainage plans shall be submitted to Project Review Services for review. No construction perTmite shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. " b. In accordance with the Rules of the South Florida-t~eter ,,..' Hanagement District, (SF~ND) Chapters 40E4 and 40E-40, this project shall be designed for a storm event of >' 3-day duration and 2S-year return frequency. Discharge !."' shall be limited In accordance with Ordinance 90-10. '~,,~ c. An Excavation Pe~ait will be required for the proposed r lake(s) in accordance with Section 3.5.5. of the Collier County Land Development Code an4 SFHT~D rules. All lakes shown on the master plan shall meet the : t minimum setback requirements of the Ordinance. d. A 20 ft. maintenance easement around the perimeter i/ each lama and a 20 ft. access easement to each ~ maintenance easem,ant from a public road shall be :~. provided. a. A naturally vegetated buffer around the perimeter all wetland conservation areas in accordance with South ~. Florida Water Management District rules shall be provided. 5.06 - a. Water distribution. sewage collection and transmission and interim water and/or sewage treatment facilities to ~. serve that project are to be designed, constructed. conveyed, owned and maintained in accordance with Ordinance 88-76, .and other applicable County rules and regulations. ~ b. All customers connecting to the water distribution and sewage collection facilities to be constructed will be .' customers of the County and will be billed by the ' County in accord.~nce with the County,s established !]: rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. ..- c. It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the proJect's wastewater at the time development commences, the Developer, at his ~!I. expense will install and operate interim water supply ', i.:' j, ,., and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, his assigns or successors regard.Lag any interim treatment faciZities to be utilized. The agreement must be legally Sufficient to the County prior to the approval of con~truction doc- uments for the project and be in conformance with Ordinance 88-76. d. If an interim on-site water supply, treatment and transmission facility is utilized to serve the project, it must be propt~rly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved b~, the appropriate Fire Control District servicing the project area. e. If petitioner elects not to provide an on-site sewage treatment plant, no Certificates of Occupancy shall be issued unless and until that part of the Livingston Road }[STU (road~l, utilities) necessary to serve this project has been constructed and accepted by Collier County. 5°07 TRANSPORTATION a. The developer, cr his assigns, shall provide a fair share contribution toward the capital cost of a traffic signal at the following intersections: U.S. 41 and CR 860, CR 887 and CR 860, CR 860 and Livingston Road. Fair share shall be assessed on the basis of existing project traffic volume at the intersection at the time signalizeties is determined to be required by Collier County. The signals shall be owned, operated and maintained by Collier County. b. .The developer shall provide arterial level street lighting at the project entrance on CR 860. c. The developer shall provide left and right turn lanes on CR S60 at the project entrance. Should a median opening be permitted upon the four-laning of the collector, the developer shall be responsible for construction co~ts of all intersection improvements necessary to serve the pro~ect. The County reserves the right to control and, if necessary, prohibit a median opening at the intersection of the project entrance and CR 860. 5-6 d. If the entrance road is gated, the gatehouse shall be designed and located so as to not allow vehicles entering the plTo~ect .to back up to CR 860. The minimum throat length, if a single entering lane is provial.d..hall ,.. f..t. ,h' ~ : a. All traffic control devices used, excluding street name ~ signs, shall conform with the Manual on Uniform Traffic ~! Control Devicefl as required by Chapter 316.0747, , Florida Statutes. ~i]' f. Road impact fees shall be in accordance with the · b schedule contained in Ordinance 92-22, or as it may be amended, and shall be paid at the time building permits ~ are issued unless otherwise approved by the Board of .~. County Commissioners. .... g. All developer provided access improvements set forth ~' under 5.07a. thru e. shall be considered site related as defined in Ordinance 92-22, as it may be amended, and shall not be applied as credits toward any impact ~, fees required by that Ordinance. ~ h. County road access to the Dynabel PUD shall be provided ~ by CR 860. There are presently four scenarios for the i~ funding of construction of CR 860= 1. Road improvements provided as part of the current Livingston Road MSTU. · 2. Road improvements provided by benefiting land owners, independent of the MSTU. ' 3. Road improvements provided by County at the direct cost of benefiting land owners, ~.. independent of the MSTU. 4. Road improvement provided by the County as part of the Growth Management Plan in order to meet ' concurrency requirements. i. Since there are various parameters and alternatives to the development of road access, there are corresponding requirements which shall be sat forth to allow issuance of County permits for either site work or for dwelling units. Such requirements are as follows: !. 1. Transportation conditions to be me~ for issuance . of permits for site development work as follows: a. Available access acceptable to Collier County and road improvements acceptable to ~.' handle construction and maintenance of ., traffic. ... b. Any approvals/agreements relative to interim i or temporary access for site development shal~ specifically exclude the County from :. ! any and all responsibility/liability to ' approve any subsequent development orders :i including dwelling unit building permits. 2. Prior to the recordation of the final subdivision plat for the project, CR 860 shall either be completed from CR 887 or from Livingston Road to the project entrance, or there shall be construction performance security in place in a format ~pproved by the County Attorney and accepted by the Board of County Commissioners. No building permits for habitable structures shall be issued prior to approval of the final subdivision plat by the Board of County Commissioners and recordation of the final subdivision plat. Collier County has acquired right-of-way from the owner of Dynabel PUD to accommodate the construction of CR 860. Should CR 860 be developed as set forth under 5.07h.1. above, the MSTU assessment to the subject property will be increased in an amount determined to compensate the County for this acquisition cost. Such increase to the MSTU assessment shall be applied as a road impact fee credit under Ordinance 92-22. i k. Should CR 860 be developed as set forth under 5.07h.2. ~ or h.3. above, there shall be prior commitments/agree- ments by all parties as to such issues as permitting, · . railroad crossing, construction cost, funding, impact. r~. fee credits, etc. Such agreements and commitments shall be in-place and fulfilled .in meeting access ]-]~' requirements for plat approval and dwelling unit permit ~:~ approvals. 1. The developer and Collier County shall enter into an agreement subject to the approval of the Collier County Board of County Commissioners that provides for adequate access in accordance with Item h. and I of this Section 5.07 prior to commencement of construction of the Dynabel P.U.D. The established access shall be in accordance with Collier County design plans and applicable permits. lnz5/13/93-3245 !.~.. !~ 5-8 i. . i!~ ~ '~-- ~, .... = ........ i STATE ,= OF ~LORIDA courEY OF ; Te DWIGHT Twentieth Judicial Circuit. Collier county, Florida, do certify that the fore~oing is a ~rue copy of z ~: ' ' Ordinate No. 93-21 which was adopted by the Board of County Co~isstoners on the llth day of Nay, 1993, during Re~laT Session. WI~SS my hand and the official seal of the Board of ~.,. Gouty Conissioners of Collier County, Florida, this l?~h .... ,~..: ' day o~'May, 1993. ~ ~IGHT E. BROCK "'.V~%~)' ~.. ~ Clerk of Courts ~d Cle~"... "'.T'.'...."/~ Ex-offic~o to Board of ~' ... .... '.../ y, -... ... s/Maureen KenyOn "~j . f. ". ' ":~.', j' · V.' Deputy Clerk ~.~ & ~ ~ ~ '~ . .~ ~: .