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Ordinance 93-27 ----- ~ o~c~ ~E~D~G OAD~C~ ~ 91-102 ~E COLLIER CO~TY ~D '~ D~E~PM~T CODE ~ICH INCLUDES THE CO~H~SIVE ZONING REGU~TIONS FOR THE ~INCO~O~TED ~ OF COLLIER CO~TY, ~.. F~RIDA BY ~DING THE OFFICIAL ZONING ~D 85~536; BY C~GING THE ZONING C~SSIFICATION OF THE H~EIN DESCRIBED ~:' "P~" P~NED ~IT D~E~PMENT KNO~ AS ,.; ~CATED I~EDIATELY NORTH OF ~D CONTIGUOUS TO ~E PROPOSED EXTENSION OF V~D~BILT B~CH ROAD (CR-901), FROM AI~ORT-PULLING ROAD (CR-31) TO U.S. 41 NORTH, IN SE~IONS 27, 34 & 35, TO, SHIP 48 SO,H, ~GE 25 ~ST, COLLIER CO~TY, F~RIDA, CONTAINING OF 1,086.5 ACRES; ~D BY PROVIDING ~ EFFE~IVE DATE. ;~. " WHEREAS, Alan D. Reynolds of Wilson, Miller, Barton & Peek, Inc., representing Westinghouse Communities of Naples, 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 & 35, 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 Pelican Marsh PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps Numbered 8527N, 8534N, 8534S and 853536, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. 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. 1- ~!~i' PASSED AND DULY ADOPTED by the Board of County · Commissioners of Collier County, Florida, this ~ day of ~F~,/. , 1993 . /:* " .' '~,.',:%J][I /]; BOARDcoLLiER~COUNTyOF COUNTY, F~DACO~ISSION~S ~ *.~ .'* *. · ~ [D~C~ E. BRa, CL~ h~T L. SAUNDERS, C~I~ ~,;;:; ~'~~s~ =o'. ~' and ~k~g~f ~ % ~-93-10RDIN~CE 1086.5i A~ ~ ~ S~fions 27, 34 & 35 To~s~p 48 Sou~, ~ge ~ ~t ~GHOUSE CO~ OF N~L~, ~C. Napl~, ~ofi~ 33963 ~ON, ~~, B~TON & P~K, ~C. 32~ ~ey tane, Sui~ 2~ Napl~, ~ofi~ 33942 , DA~ ~~ BY C~C 05/~/93 ~ '.,' , DA~ ~PRO~D BY BCC ~ ? ~~'~ 061 29 ... TABLE OF CONTENTS PA~ LIST OF ]~G.IIBITS ii ~TA~ OF COMPLIANCE AND SHORT TITLE iii S~ON I LEGAL D~C~ON, PROPERTY O~RSHIP, & 1-1 GE~L D~CRI~ON S~ON ~ PRO~ DEVELOPME~ 2-1 $~ON III ~IDE~AL DI$~ 3-1 S~ON ~ GOLF CO~SH, ~ATION ~ OPEN SPA~E 4-1 DI~I~ S~ON V ~VE DIS~ S-I 8~O~ ~ GE~L DEV~OPME~ COMMIE.S LIST OF EXHIBITS ]~XHZB1T A PUD MASTER PLAN (WMB&P, Inc. File No. RZ-210A) .... EXHTB1T B CONCEPTUAL SURFACE WATER MANAGEMENT PLAN, MASTER · ~'" PLAN (WMB&P, Inc. File No. RZ-210B) ~:' EXHIBIT C CONCEPTUAL SURFACE WATER MANAGEMENT PLAN, EXISTING SITE CONDITIONS & WATER MANAGEMENT DETAILS .... (WMB&P, Inc. File No. RZ-210C) ',.'..'": t!XI-IIBIT D SKETCH OF DESCRIPTION (W'MB&P, Inc. File No. 4L-1059) ':~.~. EXHIBIT E COCOHATCHEE STRAND RESTORATION PLAN (WMB&P, INC. File No. ' ')'? ENV-88) ...t~ ..'~ ; ·' I" 'i l ~' STATEMENT OF COMPLIANCE :.'~:/ ' The purpose of this section is to express the intent of the Westinghouse Communities of Naples, Ino., hereinafter referred to as WCN or the Developer, to create a Planned Unit Development ;~ (PUD) on 1086.52 acre~ of land located in Sections 27, 34 & 35, Township 48 South, Range ~i!." 25 g~st, Collier County, Florida. The name of this Planned Unit Development shall be ' ':,i PELICAN MARSH. The development of PELICAN MARSH will be in general compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development ..., regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as required in Objective 1, of the Future Land Use Element (FLUE). 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 planned public facilities are iS: concentrated. "~!' 2. The proposed density of PELICAN MARSH is less than the maximum density i'.~i' permitted by the FLUE Density Rating System and is therefore consistent with ~'::. ~ ~ . Future Land Use Element Policy 5.1. 3. PELICAN MARSH is compatible with and complementary to existing and future .: ,¥. surrounding land uses as required in Policy 5.4 of the Future Land Use Element. ':i;~ 4. Improvements are planned to be in substantial compliance with applicable land " development regulations as set forth in Objective 3 of the Future Land Use Element. -':" 5. The development of PELICAN MARSH will result in an efficient and economical ~T extension of community facilities and services as required in Policies 3. I.H and L of ~ . the Future Land Use Element. ~,~.~ 6. PELICAN MARSH is planned to incorporate natural systems for water management .~ . in accordance with their natural functions and capabilities as may be required by :" Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. .i:;~, .'. i:? ~:~.~ · iii ~' Y"~'. 7. PELICAN MARSH is a large scale functionally interrelated community, and is t ~!;'i planned to ingenuity, innovation and imagination as set forth in the Collier encourage County Land Development Code Planned Unit Development District. [i~iii'i: 8. PELICAN MARSH represents a large scale infill community within the Urban !~,.,~..~. District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Usc Element. SHORT TITLE ; ~:,:1 ,', · I. '~. Thll ordln~c~ shall t~ known and cit~! a~ the 'PELICAN MARSH PLANNED UNIT : .. v:. DB~PMENT ORDINANCE'. SECTION I I,F.,~AL DESCRIFrlON, PROPERTY OWNERSHIP, AND GENERAL DESCRWTION 1.1 I~IRPOSE The purpose of this section is to set forth thc legal description and ownership of PELICAN MARSH, and to describe the existng condition of the property proposed to b~ developed, which represents the first phase of development of thc larger area herein referred to as the PELICAN MARSH COMMUNITY. 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 1086.5 acres, is legally described as follows: All that part of Section 27, Township 48 South, Range 25 East and being more particularly described as follows; Commencing at the southwest corner of said Section 27; thence along thc west line of said section and the easterly fight-of-way line of U.S. 41, North 00°38'20' West 1263.68 feet to the POINT OF BEGINNING; thence continue along said line, North 00°38'20.. West 150.53 feet; thence leaving said line, North 89°22'00" East 100.01 feet; thence easterly 452.03 feet along the are of a circular curve concave southerly having a radius of 550.00 feet through a central angle of 47°05'22" and being subtended by a chord which bears South 67°05'19" East 439.41 feet; thence along a non-tangential line South 89°22'00" West 477.82 feet; thence northwesterly 39.27 feet along the are of a circular curve concave northeasterly having a radius of 25.00 feet through a central angle of 89°59'40.. and being subtended by a chord which bears North 45°38' 10" West 35.35 feet to the west line of said Section 27 and the easterly right-of-way line of U.S. 41 and the Point of Beginning; subject to easements and restrictions of record; containing 1.52 acres more or less; bearings are based on the west line of said Section 27, being North 00°38'20" West. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL BEG~NG at the southwest corner of Section 27, Township 48 South, Range 25 Fast, Collier County, Florida; thence along the west line of said Section 27 and the easterly right-of-way line of U.S. thence North 00°38'20'' West 1263.68 feet to a point of curvature; thence leaving said line southeasterly 39.27 feet along the are of a circular curve concave northeasterly having a radius of 25.00 feet through a central angle of 89°59'40.. and · .¢7:.!" being subtended by a chord which bears South 45°38'10" East 35.35 feet; ~ ;' thence North 89°22'00" East 1615.00 feet; ~" thence North 00°39'00" West 2213.00 feet; "~n~)~ thence North 89°20'45" East 2204.79 feet to the westerly right-of-way of proposed i~J..~(".. Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier "'~i County, Florida; · '~ thence along said line South 05°34'48" East 3545.96 feet to the'south line of said Section ·. 27; .; thence along said line South 89°31'31" East 903.63 feet to the northwest comer of :, · Section 35, Township 48 South, Range 25 East; ';~ . thence along the north line of said Section 35, North 89°45'35" East 5231.69 feet to thc ::~.: west right-of-way line of Airport Pulling Road (C.R. 31); i~.~ thence along said westerly right, of-way line, South 130o31'47" East 2015.00 feet to a .~,:i,~ point of cusp; thence leaving said right-of-way line northwesterly 39.27 feet along the arc ora circular ~': curve concave southwesterly having a radius of 25.00 feet through a central angle of ,' 00°00'IY' and being subtended by a chord which bears North 45°31'54" West 35.36 '"' feet; '" , thence South 89°28'00" West 920.00 feet; ,.:~. thence ~outhwesterly 39.27 feet along the arc of a circular curve concave southeasterly 'i,'. having a radius of 25.00 feet through a central angle of 90000'00" and being subtended ;~3~' by a chord which bears South 44°28'00" West 35.36 feet; ,:. thence South 00°32'00" East 823.26 feet; thence southerly 872.92 feet along the arc of a circular curve concave westerly having a radius of 1910.16 feet through a central angle of 26° 11'00" and being subtended by a chord which bears South 12°33'30" West 865.34 feet to a point of compound curvature; thence southwesterly 781.91 feet along the arc of a circular curve concave nortllwesterly , having a radius of 700.00 feet through a central angle of 64000'00" and being subtended by a chord which bears South 57°39'00" West 741.89 feet; thence South 89°39'00.' West 200.00 feet; thence southwesterly 785.40 feet along the arc of a circular curve concave southeasterly having a radius of 500.00 feet through a central angle of 90°00'00" and being subtended by a chord which bears South 44°39'00" West 707.11 feet thence South 00°21'00" East 655.06 feet; thence southeasterly 39.27 feet along the arc of a circular curve concave northeasterly having a radius of 25.00 feet through a central angle of 89°59'38" and being subtended by a chord which bears South 45020'49'' East 35.35 feet to a point on the south line of < said Section 35; i? thence along said line being a non-tangential line South 89039'22" West 66.65 feet to the south 1/4 comer of said Section 35; '~" thence continue along said south line South 89°39'32'' West 2641.33 feet to thc ~ southwest comer of said Section 35; -' thence along the south line of Section 34, Township 48 South, Range 25 East, South '-' 89°51'02" West 391.57 feet to the boundary line of a parcel described in Official · ,$, Records Book 524, page 121 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 boundary of said parcel South 89°51'02. West 443.28 feet to the easterly right-of-way line of proposed Goodlette-Frank Road, as recorded in Plat Book 13, pages 58 of the Public Records of Collier County, Florida and a point hereinafter referred to as Point thence leaving said right-of-way North 60020'09' West 140.72 feet to the boundary line of the plat of Pine Ridge Second Extension as recorded in Plat Book 10, page 86, of the Public Records of Collier County, Florida; thence along the boundary of said plat in the 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'I0" West 956.47 feet; 4) South 74°46'39' West 379.98 feet; 5) South 12°04'43' East 23.53 feet; 6) South 87°09'43' West 272.40 feet; 7') northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64°46'40" and being subtended by a chord which bears North 48°50'02" West 1757.26 feet; 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 00026'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 16°34'19" and being subtended by a chord which bears North 08°43'37" East 37.47 feet; thence North 17°00'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395.00 feet through a central angle of 94°59'52" and being subtended by a chord which bears North 30°29'09" West 582.44 feet; thence North 77°59'05" West 144.30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of 29°59'57" and being subtended by a chord which bears North 62°59'06" West 414.10 feet; thence North 47°59'08" West 100.03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826.09 feet through a central 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 right-of-way line of U.S. 41; thence along said line North 00°39'20'' West 665.92 feet to the Point of Beginning; containing 1099.80 acres more or less; subject to easements and restrictions of record; ~". LESS AND EXCEPTINO the following described parcel; BEGINNING at the aforementioned Point "A"; ,.i ,' thence along 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 in the .:. following three (3) described courses; ,.~'. 1) North 07°09'08" East 1729.52 feet; Z~.¢..~,,. 2) 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 12o42' 18" and being subtended by ?!"." a chord which bears North 00°47'59" East 648.37 feet; ' 3) North 05°33'10" West 2628.44 feet to the north line of said Section 34; ": thence along the north line of said Section 34, North 89°31'31" West 130.72 feet to the ~ westerly right-of-way line of said proposed Goodlette-Frank Road; ' thence along said westerly right-of-way in the following : !;/ three (3) described courses; ' 1) South 05°33'10" East 2642.17 feet; ',:': 2) southerly 620.87 feet along the arc of a circular curve concave westerly having a "'.:' radius of 2799.93 feet through a central angle of 12°42, 18" and being subtended by 1~,';. a chord which bears South 00047'59" West 619.60 feet; ?~" 3) South 07°09'08" West 1675.64 feet; ~:;'~:~: thence leaving said right-of-way South 60o20'09" East 140.72 feet to the Point of ~'.~": Beginning; ~!- containing 14.84 acres more or less; ~:~:: containing 1086.5 total acres more or less; '~,' subject to easements and restrictions of record; i'"?...: b~arings are based on the north line of Section 35, being North 89o45'35" l:~st. 1.3 PROPERTY OWNERSHIP i' The subject property is currently under the equitable ownership or control of .:.:~.~ ...... Westinghouse Communities of Naples, Inc., whose address is 801 Laurel Oak Drive, !'/;~: Naples, Florida, 33963. Detailed ownership information is provided on Attachment 1 ' :':;~' to the PUD Application for Public Hearing. ~'' 1.4 GENERAL DESCRIPTION OF PROPERTY {'i" A. The project site is located in Sections 27, 34 & 35, Township 48 South, Range 25 East, and is generally bordered on the west by Tamiami Trail North (U.S. 41), on ..:: .... the north by undeveloped land and Victoria Park Subdivision on the east by Airport- . Pulling Road and on the south by Pine Ridge Subdivision, Monterey PUD and ~. Emerald Lakes PUD. The location of the site is shown on Attachment 5 to the : ..... Application for Public Heating. · :. B. The zoning classification of the subject property prior to the date of PUD appwval ~, ." is A (Rural Agricultural) and A-"ST". 1-4 061- : 37 /~'i~!,.,!,: ' C. Elevations within the site range from 6' to 14' above mean sea level with an average of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067-0193D, ;i:,'i, 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh property is located ;~ within both zones "AE" and 'X". Topographic mapping is shown on the ':',',.:; Environmental Impact Statement (ELS) Exhibit E. 'Z, D. The soil types on the site generally include Immokalee fine sand, Myakka fine sand, :;. Basinger fine sand, Fort Drum and Malabar high fine sands, Boca fine sand, -~. Holopaw and Okeelanta soils, Boca, Riviera, limestone substratum, Copeland fine ~,".. sand, and Satellite fine sand. Soil Conservation Service mapping of soil types is :,<~ ,, shown on ElS Exhibit F. .,.'?,~,:~,,,' -.,,~;,:. E. Vegetation on site primarily consists of active and fallow agricultural lands, pine .~,~. ,?,: flatwoods, brazilian pepper and melaleuca dominated areas, disturbed areas, palmetto '~'~ ', :, .. . prairies, and cypress wetlands. Detailed vegetation mapping is shown on ElS Exhibit : :'.~: , G. ~,,-'-!,i F. The project site is located within the Cocohatchee River Basin as depicted within the ,. Collier County Drainage Atlas (May 1990). Thc general surface drainage pattern ':' flows in a south to north direction into the Pine Ridge Canal which eventually  :: discharges into thc Cocohatchec River. The Conceptual Surface Water Management i~'i:, Plan is shown on Exhibit B. ~ili 1.$ PRELIMINARY DEVELOPMENT AGREEMENT ~: The property which is the subject of this PUD, herein referred to as PELICAN MARSH, is the initial phase of a planned 2,075 acre residential/mixed use community called thc ., PELICAN MARSH COMMUNITY, to be developed by WCN. % Due to its scope, the PELICAN MARSH COMMUNITY will require review and :/::: approval by Collier County pursuant to Section 380.06, Florida Sta~ples, as a · ' Development of Regional Impact (DRI). WCN has submitted to the Florida Department of Community Affairs (DCA) an application for a Preliminary Development Agreement (PDA) encompassing 1,086.5 acres of the PELICAN MARSH COMMUNITY. Upon approval by DCA, the PDA will provide the State's authorization for the commencement and development of the first phase of the community, which is below 80% of any applicable DRI threshold, while final DRI review is in process. : The purpose of this Planned Unit Development is to create a zoning district that will provide the appropriate permitted uses and development standards for the first phase of the PELICAN MARSH COMMUNITY. This phase will accommodate a broad range of single family, two family and multi-family dwellings, cjuster housing, a 27 hole golf course with associated amenities, stormwater management lakes, open spaces and reserve areas. It is WCN's intention that concurrent with the final DRI approval by Collier sn3m-m~ooos.oo.t~N 1-5 ':'" fJ6]. 38 County for the overall project, this Planned Unit Development Ordinance will be amended to include the balance of the PELICAN MARSH COMMUNITY. ./... - Analysis of the subject property under the Collier County Growth Management Plan Density Rating System allows a permitted gross density of 4 units per acre. Acreage of the first phase of the PELICAN MARSH COMMUNITY is approximately 1,086.5 acres and the number of dwelling units authorized to be built pursuant to this PUD is 780. The density on individual parcels of property throughout the first phase shall vary according to the type of housing to be developed, but shall always .comply with the guidelines established in this document. Upon final approval of the DRI for the PELICAN MARSH COMMUNITY, the subject property constituting the first phase shall contain additional residential units and other permitted uses consistent with the Collier County Growth Management Plan. At all times all property included within the PELICAN MARSH COMMUNITY shall '~.., :~.-~ be~ included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways. SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the pix of development for PELICAN MARSH, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCR1FrION OF PROJECT PLAN AND PROPOSED LAND USES PELICAN MARSH, a private community, will include a broad range of single family and multi-family housing, a 27-hole golf course with clubhouses and other associated facilities, stormwater management lakes, open spaces, and reserve areas. The Master Plan is iljustrated graphically on Exhibit "A", PUD Master Plan (W'MB&P, Inc. File No. RZ-210). A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. 2.3 GENERAL coMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of PELICAN MARSH shall be in accordance with the contents of this PUD Ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance 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 herein, or as necessarily implied by context, 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 petition will be subject to a ; ~OOg PAGE i'L · ]'i~i)~;::"' '~'- the Collier County Land Development Code. / ~'~- ' 1[~! ~ D. Unless modified, waived or excepted by this PUD or by subsequent request, the l~:!': provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. E. Ail conditions imposed herein or as represented on the PELICAN MARSH PUD Master Plan (Master Plan) are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the Collier County Land Development Code (Article ,~?:: 3, Division 3.2) shall apply to PELICAN MARSH, except where an exemption 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) shall apply to PELICAN MARSH, except where an exemption is set forth herein or otherwise granted pursuant to Land Development ~., Code Section 3.3.4. -' 2.4 COMMUNITY DEVELOPMENT DISTRICT ,. :! It is the intention of the Developer to establish a Community Development District ~--+ (CDD) to design, crnstruct, manage, and maintain infrastructure and community facilities ~. needed to serve the Project. A Community Development District can constitute a timely, .,.' efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the District shall be subject to, and shall not be inconsistent with, The Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of the PELICAN MARSH COMMUNITY. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative available both to the County and to the landowner 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 MARSH COMMUNITY may be included as one of the :'~ CDD provided infrastructure improvements. Standards for roads shall be in compliance :? with the applicable provisions of Collier County Land Develop~nent Code regulating subdivisions, unless otherwise approved during Preliminary Subdivision Plat approval. ~.,:~ sts~,J.oz~oo~o.~n 2-2 !. · ~;.!': The Developer, reserves the fight to request substitutions Io Ccxle design standards in l/?' accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code. The Developer, also reserves the right to establish gates, guardhouses, and other access controls as may be deemexl appropriate by the Developer on all privately owned and maintained project roadways. ~..,.,~ 2.6 LAKE SETBACK AND EXCAVATION ~,:~. The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7 of the '~:'~ · Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. Ail iake:s greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from PELICAN MARSH shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.? USE OF RIGHTS-OF-WAY 1" '~ Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage may be allowed subject to review and administrative approval by the ~v.;~, Developer, and the Collier County Development Services Director for engineering and [:,~35"' safety considerations, during the development review process and prior to any l ~ installations. :~ ~: 2.8 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as but not limited to pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout PELICAN MARSH subject to the requirements of Article 2, Division 2.6, Section 2.6.33.5 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. The limitation of Section 3.2.6.3.6.1.c, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as i..!! i', provided in Article 2, Division 2.7, Section 2.7.3.5 of the (:oilier County Land Development Code. Minor changes and refinements 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. i~'~'~' '~ ' Most common area maintenance will be provided by the CDD. A CDD is a legitimate ~... alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions ora County development approval. For iq;" those areas not maintained by the CDD, the Developer shall create a property owners '. association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The CDD or the property owners association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Pelican Marsh, in accordance with the provisions of Collier County Ordinance 9048 and Resolution 90-292, together with any applicable permits from the Florida Department of Environmental Regulation, U.S. Army Corps of Engineers, and South Florida Water Management District. Surface water or stormwater management shall be placed under the control of the CDD or property owners association, either by direct conveyance or the granting of easements or licenses over such land to the applicable entity. The CDD, pursuant to its charter, has the obligation and the assessment authority to maintain infrastructure such as water management facilities needed to serve Pelican Marsh. The property owners association shall have the power and obligation to levy and · force sufficient assessments to comply with its obligations hereunder. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout PELICAN MARSH. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: I 1. Grassed berms 3:1 2. Ground covered berms 2:1 3. Rip-Rap berms 1: I 4. Structural walled berms - vertical B. Fence or wall maximum height: eight (8) feet, 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 not be greater than eighteen (18) inches above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a landscape berm. In these cases the wall shall not exceed six (6) feet in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope for greater than 4:1 (i.e. 3:1). C. landscape buffers, berms, fences and walls may be constructed along the perimeter of the PELICAN MARSH 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 access control structures such as gate "/:: ~ houses and control gates shall not be subject to the height limitations set forth under · 2.11 B, and shall be governed by the height limitations for principal structures of the district in which they are located. In the case of access control structures within ."~ right-of-ways adjoining two or more different districts, the more restrictive height ,:, standard shall apply. ~;; 2.12 FILL STORAGE ::' Fill storage is generally permitted as a principal use throughout PELICAN MARSH. Fill material generated from properties owned or leased by the developer may be stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations :, a Letter of Notification along with plans showing the locations and cross-sections shall t!i I~ submitted to Collier County Project Review Services for review and approval. The following standards shall apply: - :~, .; ?" A. Stockpile maximum side slope 3:1 [i~ B. Stockpile maximum height: thirty five (35) feet · ~,!!' C. Fill storage areas shall be screened with a security fence at least six (6) feet in height ~.,..~ / above ground level. 1i ':~ D. The following FLUCCS Code lands as shown on Pelican Marsh ElS Exhibit O may · ,. be used for fill storage: 200, 212, 214, 422, 424, 740. E. Fill storage areas shall be no closer than 300 feet from any developed residential properties. · ~ ,. ~.. F. Soil erosion control shall be provided in accordance with CCLDC Division 3.7. G. Fill storage shall not be permitted in areas occupied by threatened or endangered ~.;"~m~'. ' species unless an approved management plan permits such use. :: 2.13 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. PELICAN MARSH is planned as a private, large-scale, functionally interrelated community under unified control, to be developed over an extended time period. WCN intends to establish community-wide design guidelines and standards to ensure a high and consistent level of quality for community features and facilities. WCN hereby reserves the right to establish uniform design guidelines and standards for such features and facilities as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Upon approval of specific design guidelines and standards by Collier County and WCN, shall be considered as supplemental standards or requirements of this Planned Unit Development Ordinance. WCN may also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions and restrictions shall provide that prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or, Site Development Plan Application to Collier County, an applicant must first submit the application to WCN for review and approval. Collier County .shall not accept any such application for processing unless it is accompanied by a letter indicating WCN's review and approval. 2.14 REQUIRED ENVIRONMENTAL PEILh'fITS Where the development of land within this Planned Unit Development requires a permit from a local, state, or Federal Agency with jurisdiction 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 land specifically requiting such permit. Where such regulating agency issues a permit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or exceed the requirements of the issued permit, provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County's regulatory jurisdiction as provided in the Collier County Growth Management Plan and Land Development Code exceeds that of the other regulating agencies. In such a case, Collier County's environmental permitting guidelines and requirements shall control relative to the specific County permit only. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental permits have been applied for and are under process by the appropriate agencies, and subject to the understanding that it is the Developers sole risk if such permits are not finally issued to allow completion of the proposed use. 2.15 PRELIMINARY SUBDIVISION PLAT PHASING Due to the size and anticipated buildout period of PELICAN MARSH, submission, review, and approval of Preliminary Subdivision Plats for the project may be I~ ~i 3~13-01 ~OX~.00.LAN 2-6 Certain uses shall be considered general permitted uses throughout the PELICAN MARSH PUD except in Reserve District. General permitted uses are those uses which generally serve the Developer and residents of PELICAN MARSH and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. 3. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and neighborhood parks, recreational facilities, community centers. 6. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 7. Landscape features including but not limited to landscape buffers, berms, fences, walls subject to the standards set forth in PUD Section 2.1 I. 8. Fill storage subject to the standards set forth in PUD Section 2.12. 9. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - fifteen feet (15') except for guard houses, gatehouses, and access control structures which shall have no required setback. ~.. ~!.~ 2. Setback from property lines - one half (V~) the height of the structure. 4. Minimum distance between unrelated structures - ten (10) feet. 5. Maximum height of structures - twenty five (25) feet. 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks, bikepaths, and cart paths may occur within required buffers, however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 9. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted PELICAN MARSH 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. ! 2.17 OPF_aN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 547 acres included in the Golf Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous ·., open space/buffer designations. These areas, in conjunction with open space areas 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 Cou'nty Land Development Code. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS . Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25 % of the viable naturally functioning native vegetation on site shall be retained. The total area of viable natural functioning native vegetation within the PUD boundary is 338.7 acres, therefore 84.7 acres are required to b~ retained. This requirement is fully satisfied within the Reserve District and no further preservation is required, however mitigation for wetland impacts may be required. t~i'i SECTION III i~?~ ..5~. RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within PELICAN MARSH designated on Exhibit "A", PUD Master Plan, as R. i'. 3.2 MAXIMUM DWELLING UNITS !" A maximum number of 780 residential dwelling units may be constructed on lands designated R, until such time as this PUD is amended or superseded concurrent with the PELICAN MARSH COMMUNITY DRI approva.], at which time additional residential dwelling units shall be permitted. 3.3 GENERAL DESCRIPTION Areas designated as R on the PUD Master Plan are designed to accommodate a full range of residential dwelling types and compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the 'R' district is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at thc time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. t 3.4 PERMITTED USES AND STRUCTURES '~"i' No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: ~.~., ,. A. Principal Uses: ': 1. Single Family Detached Dwellings 2. Single Family Patio and Zero Lot Line Dwellings 48 3. Two-family and Duplex Dwellings 4. Single Family Attached and Townhouse Dwellings 5. Multi-Family Dwellings including Garden Apartments. 6. Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 7. Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the R District. B. Accessory Uses and Structures: I. Acc~ uses and structures customarily associated with principal usa permitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the 'R' Ri~sidential District. B. Site development standards for categories 1 - 4 uses apply to individual residential . lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted PELICAN MARSH 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 otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan Approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed us(:. E. In thc 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 satisfied pursuant to Section 2.17 of this PUD. No attached single family homes may be located between two detached single family homes if they are a pan of the same platted block. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3 shall be limited to single family dwellings, water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RMF4 or RMF-12 shall be limited to single, two- family, and multi-family dwellings, water management facilities and lakes and customary residential accessory uses. Off street parking required for multi-family uses shall be accessed by parking aisles or driveway which are separate from any roads which serve more than one development. A green space area of not less than ten (10) feet in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Single Family Patio and zero lot line dwellings are identified separately from single family detached dwelling with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1 through Subsection 2.6.27.4.4.3. sn~o3-e,26oooe-ao.~. 3-3 "~','. PELICAN MARSH · ,. ,. DEVELOPMENT STANDARDS FOR 'R' RESIDENTIAL AREAS " TABLE I SINGLE PATIO & TWO SINGLE FAMILY vfULTI PERMI'fTED USES AND FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY · ffrANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Catetory I 2 3 4 5 '~'."i Minimum Lot A~ea 7,500 SF 5,000 SF 3,500 SFe4 3,000 SF I AC ~; ' Minimum Lot Width e5 75 50 35 30 150 Front Yard 25 20 '3 20 *3 20 *3 25 Froat Yard for 15 10 10 10 15 Side Entry Oar·go ~, ': Side Yard 7.5 *6 0 or 7.5 0 or .5 BH .5 BI-[ ~v(~. Rear Yard Principal 20 10 20 20 BH i~.i~, Roar Yard 10 5 10 I0 15 Ill / Rear Yard Special *1 10 5 I0 10 .5 BH Ltdximum Build~ni Height *2 35 35 35 35 50 Dba·ace Between 15 10 0 or 15 .5 SBH .5 SBH :~,~, Principal SU-dcmres ~- laoor ~ M'~. (S.F.) ISOO SF ~600 SF le~0 SF 1200 SF lOOO SF ?' BHt BulMinl HoIII~ :~:. SB~: ~um of lkn'Jdlnf Helghl.t): Combined hclght of two adjacent buildings for the purpose of dclcrmlniflg setback r~qulrementa. · :~ . ~ - Pear ya~.la for principal s~nJctums on Iota which ·but golf course, lake, open ap·c·, or reserv· areas. Setback from lek· gal' ell pdnclpal and ·cease·fy uses n~ay i.i~.~ :' b~ O* pr~ a~chltectural bank treatment is incorporated into design ,nd subject to wdUca approval from Project Plan Revlcw. ~ .~.:i:, Fr~na ~rd, dull be maamrnd ,, follow,: ,~_.-~, I. If tiM parcel la ~t-v~d by a right-of-way, setback is measu~d from the adjacent ~ght-of-way llne. .!: R. if the parcel la served by a pfiv·a r~ad, setback is measured from abe back of curb Of curbed} or edge of pavement Of not curb~'). ~:..' ~2 * Bu~ldlnf height dull be the re,cai dis~ance measured from abe firel habitable finished floor elevation to the uppermos~ finished ceiling elevation of abe structure. ~J - $[ngb family dwellings whlch pr~Ad· for 2 p·rklng spaces within an enclosed garage and provide for gues~ parking o~er ~en in prlvat~ driveways may r~ducd · ' lbo front yard mquirumant to 5' for th~ garag· ·nd 15' for th· remaining .ructures. i :' ' ~4 - Eae. h halfof I duplex unit t~quiree a Im ar~· allocation of 3.500 S.F. for · total mi~mum Iai ires of ?.000 ' °S - M'mbnum lot wMtb may be ~duced by 20% for cul-da-sec I~t provided minimum lo( ar~a r~quirarnent is s61l maintained. ~6- g~n'o feet. (0'} or u minimum of five feet ($'} on eitber aide except ~hat where the zero feet (0'} yard ~tlon ia util;.zed, the opposite aide of the slmctu~ shall have ~ .i~: · ten fo~ (10') }'aM. Z~m fcct (0') yards may be used on both aides of · s~mctur~ pmvlded that thc opposite ten fo~ (10') yard ia provided. SECTION IV GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within PELICAN MARSH designated on Exhibit "A', PUD Master Plan as GCO. 4.2 GENERAL DESCRIPTION Areas designated as GCO on the PUD Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 4.3 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses and Structures 1. Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian club, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Open space uses and structures such as but not limited to boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails, and shelters. 6. 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 GCO District. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2 Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, st lat,~o t ~!~:,o~,.~o. ~ n 4-1 snack bars, golf course maintenance yards. 3 Retail establishments accessory to the permitted uses of the district such as but not limited to golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5 Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the GCO District. 4.4 DEVELOPMENT STANDARDS A. Principal structures shall setback a minimum of twenty feet (20') from GCO district boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half (ih) the height of the structure. B. Accessory structures shall setback a minimum of ten feet (10') from district boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half (ih) the height of the structure. C.Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures - Fifty feet (50'). E. Minimum distance between principal or accessory structures which are a part of a.n architecturally unified grouping - Five feet (5'). F. Minimum distance between all other principal structures - Twenty feet (20'). G. Minimum distance between all other accessory structures - Ten feet (I0'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. ~,,:~m..ot:~,~o~o. L~N 4-2 · .' .I. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking K. Standards for parking, landscaping, signs and other land uses where such standards axe not specified herein or within adopted PELICAN MARSH 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 otherwise indicated, required yaJ'ds, heights, and floor area standards apply to principal structures. SECTION V "· ':~ RESERVE DISTRICT ~:~ i S.1 PURPOSE :}}~'?'.i The purpose of this Section is to identify permitted uses and development standards for :':'~,~' areas within PELICAN MARSH designated on Exhibit "A", PUD Master Plan, as ?i:; Reserve. · ':: 5.2 GENERAL DESCRIPTION :';/c ' Area~ designated as Re,rye on the PUD Master Plan are designed to accommodate a full ,.,~. range of conservation and limited water management uses and functions. The primary purpo.~ of the Reserve district is to retain viable naturally functioning wetland systems, · to allow for restoration and enhancement of impacted or degraded wetland systems, and · to provide an open space amenity for the enjoyment of PELICAN MARSH residents. $.3 PERMI~ED USES AIYD STRUCTURES · ~: 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. Permitted Principal Uses and Structures ~,' 1. Passive recreational areas, boardwalks, including recreational shelters and .~:.. restrooms. '~'. 2 Biking, hiking, nature and equestrian trails, excluding asphalt paved surfaces. '"" 3. Water management facilities, structures and lakes as provided in the · '. ' Cocohatchee Strand Restoration Plan, including lakes with bulkheads or other ;.. architectural treatments. "~;'!;!i 4. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan. :5. Roadway crossings and utility crossings at Pelican Marsh Boulevard, .~i:;:. Vanderbilt Beach Road, Goodlette-Frank Road, and the Strand Golf Course '.,' crossing/reconnection area. · 6. 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. >~., ~/I $/93-013~000fi-(X}.LAN 5- l :' ;~ $.4 DEVELOPMENT STANDARDS 17,i A. All structures shall setback a minimum of five feet (5') from district boundaries and !77 roads, except for boardwalks 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 from direct glare or unreasonable interference. C. Maximum height of structures - Twenty five feet (25'). '~ D. Minimum distance between principal or accessory structures which are a part of an .,..'2 architecturally unified grouping - Five feet (5'). E. Minimum distance between all other principal structures - Ten feet (10'). F. Minimum distance between all other accessory structures - Five feet (5'). · <~' O. Minimum floor area - None required. ..::':,.:- H. Minimum lot or parcel area - None required. "- I. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted PELICAN MARSH 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 otherwise indicated, required yards, heights, and floor area standards apply to principal structures. $.5 RESERVE DISTRICT CONSERVATION EASEMENT A non. exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District 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, and as set forth in PUD Section 6.15 hereof. The PELICAN MARSH Community Development District shall be responsible for control and maintenance of lands within the Reserve District. '? SECTION VI -7 GENERAL DEVELOPMENT COMMITMENTS I ? ' :,' ~' · ~.1 PURPOSE The purpose of this Section is to set forth the development commitments of WCN within :; .~. 6.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the PUD master plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer, its successors and assigns shall be bound by said documents, commitments, and stipulations. ..:. 6.3 PUD MASTER PLAN ""'~ The PUD Master Plan, Exhibit A, is an iljustrative preliminary development plan. The ' .';'~.:". d~ign elements and layout iljustrated on the Master Plan shall be understood to b~ "~' flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approved minor changes and refinements to the PELICAN MARSH PUD 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 · ,. Growth Management Plan and the PELICAN MARSH PUD document. ,,~:,,~.. 2. The minor change or refinement shall meet the criterion of Section :"~":':"~..,,. 380.06(19)(e)2.,'Florida Statutes, and sha~l not require a determination and Public Heating pursuant thereto. 7.,. 3. The minor change or refinement ~hali nol constitute a substantial change ' ' pursuant to Article 2, Division 2.7, ~ubsection 2.7.3.5.1. of the Collier County Land Development Code. 4. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water '. management facilities, and Reserve areas within or external to the PUD. B. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 6.3A: 1. Reconfiguration of Reserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, ponds, canals, or other water management facilities :. where such changes are consistent with the criteria of the South Florida Water .. Management District and Collier County, and where there is no further encroachment into Reserve areas. 3. Reconfiguration of golf course envelopes and design features. .. 4. Internal realignment of right-of-ways other than a relocation of access points :: to the PUD. , c.. 5. Reconfiguration of Residential parcels when there is no encroachment into 5 Reserve areas. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Development Services Director's consideration for approval. D. Approval by the Development Services 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. i,~i.~", 6.4 POLLING PL^CES Pursuant t~ ^rticle 3, Division 3.2, Section 3.2.8.3.14 of th~ Collier County ~d Dcvelopm~.~::t Code, accomm~ation shall be made for the future use of building space wiain co~non ar~s for the pu~ses of accommodating the function of an el~to~ ~lling place. An agr~ment betw~n the Su~isor of El~tions and the Develo~r sh~l be r~ord~ in ~e offidal records of the Clerk of the Circuit Court of Collier County, which sh~l be binding upon any and all successors in interest that acquire ownership of such common areas including, hom~wners ass~iations, or tenants ass~iations. ~is agr~ment shall provide for said community r~rmtion/public building/public r~m or similar common hcility to be us~ for a polling place if determined to be n~es~ by · e Su~isor of Elations. An ~nua monitodng re~ shall be submitt~ pursuant to A~icle 2, Division 2.7, >{~ ~ S~tion 2.7.3.6 of the Collier County Mad Development C~e. ~is PUD is subj~t to the Sunsetting provision as provid~ in Article 2, Division 2.7., S~tion 2.7.3.4 of the Collier County Mnd Development Code, until such time ~ Collier County issues a DRI Development Order for the PELICAN MARSH COMMU~TY, at which time the provisions of the Development Order relative to duration ~d eff~five da~ sh~l govern. 6.7 ~ANS~RTATION A. ~e develo~r shall provide appropriate left and/or right turn lanes at all ~mmunity .::':~. a~ss ~ints to public rights-of-way. ' , B. ~e develo~r shall provide arterial level street lighting at all community access ~ '.. ~ints to public fights-of-way. '.' C. ~e developer shall provide a fair share contribution toward the capitol cost of traffic : signals at any community access points to a public fight-of-way when d~m~ '.. warmnt~ by the County. These signals will be owned, o~mted and mainmin~ by ~-:. Collier County. 1. Collier County and Westinghouse Community of Naples, Inc. (herein .. "WCN"), entered into an Agreement dated January 12, 1993, (herein 4.':,:,,-' ~' "Agreement") to address the alignment and environmental permitting for '-~:',: Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh property; !il and to address environmental permitting for the expansion of Goodlette-Frank .:.: Road from Immokalee Road to VBR. 2. As is set forth in the Agreement, WCN is responsible for the environmental permitting for the preferred road alignment of VBR within the Pelican Marsh P.U.D. property. Pursuant to the Agreement, WCN is eligible for Road Impact Fee credits for some of their expenditures in obtaining environmental permits. iii'i: 3. WCN agrees to dedicate the road right-of-way required for that section of :',:~'i'~ VBR within the Pelican Marsh P.U.D. boundaries, so long as that right-of- way is the alignment depicte, xt on the Pelican Marsh P.U.D. Master Plan or an alternative alignment acceptable to WCN. WCN shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 390.06(16), Florida Statutes, 1992, as is further set forth in Section 6.13 hereof. The value of said right-of-way dedication shall be equal to WCN's cost of acquisition of the property. 4. There are acknowledged benefits to both the County and WCN in the alignment of VBR shown on the Pelican Marsh P.U.D. Master Plan, and as referenced in the Agreement and hereinafter as the "Preferred Alignment". However, there is the potential that the cost of environmental permitting, mitigation, design, and construction of the road segment in its Preferred Alignment could be more expensive than an alternative alignment within the area of consideration referenced in Attachment I to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh P.U.D. boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to WCN, WCN agrees to pay the "Differential Cost" for the segment of VBR within Pelican Marsh P.U.D. boundaries. "Differential Cost" means the reasonably ascertainable additional cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh P.U.D. boundaries as compared to the total of the same cost elements for permittable alternative alignments within the area of consideration referenced in Attachment I to the Agreement. WCN shall not be entitled to reimbursement under the Agreement or Road Impact Fee cr~'xlits for the "Differential Cost" described herein. E. The cost for design, permitting and construction of the Goodlette-Frank Road overpass structure, to accommodate up to six (6) lanes, is not the County's responsibility, but that of the development entity. ~;~3~0o~oo.t~ 6-4 F. Payment of Road Impact Fees shall be in accordance with the applicable ordinance as amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Adequate Public +Facilities Division 3.15. of the Collier County Land Development Code. G. These transportation stipulations set forth in Section 6.7 of the P.U.D. are not intended as a novation of the referenced Agreement; said Agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superceded by the provisions of Section 6.7. 6.8 WATER MANAGEMENT A. An Excavation Permit will be required for the 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 Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. C. A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability of the adjacent wastewater treatment ponds will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which ever occurs first. D. All off-site flow collection and routing facilities shall be reviewed and appro,~ed by Collier County Project Plan Review at the time of subdivision construct, ion plan approval. E. The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approval. F. As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), WCN or the PELICAN MARSH CDD will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to normal refurbishment of the gates (including the bearings and access walks) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of WCN, the PELICAN MARSH CDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be completed by the time the Cocohatchee Strand Restoration Plan is certified complete to South Florida Water Management :.. District. G. If legally and physically possible, the PELICAN MARSH CDD will maintain that portion of the Pine Ridge Canal from the north border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the CDD will cease at the time of final development order for the property encompassing said portion of canal. The CDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible. 6.9 UTILITIES A. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. B. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks, for waste disposal subject to permitting under F.A.C. 10D-6, and may use potable and irrigation wells. C. The project will be served by central potable water distribution and sewage collection facilities. D. Irrigation water/fire protection will be provided with a separate distribution system supplied by onsite wells, reclaimed water or other non-potable water source. E. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. F. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. G. The on-site water distribution system to serve the project must be connected to the Collier County Water-Sewer District's (the District) water main on the U.S. 41, Goodlette Frank Road and Old Hickory Road rights-of-way consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities dead end mains shall be minimized by looping the internal pipeline network where feasible. H. The project's Developer(s) his assigns or successors may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits, for ~!;'., ~n 3,,3.o~u,0oo,.oo. ~N 6-6 irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DER consistent with the volume of treated wastewater to be utilized. I. 'The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. J. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. K. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the projects boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilitieS;. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate Facilities and capacities to serve that phase of the project at the time utility service is required 6.10 INTENTIONALLY OMITTED 6.11 ENVIRONMENTAL A. In order to avoid repetitive review of environmental issues in subsequent stages of the County development approval process, upon approval of the PELICAN MARSH PUD Environmental Impact Statement (ELS) submitted in conjunction with the Application for Public Heating for PUD Rezone, the requirement for obtaining approval of an ElS pursuant to Division 3.8, Section 3.8.3 of the Collier County Land Development Code shall be deemed satisfied for all future activities which take place within the PELICAN MARSH PUD boundaries that require County permits for or County approval of development or site alteration. This provision shall apply to 6-7 BOOK PACE the Developer, its successors, or assigns, and shall constitute an exemption to the Collier County EIS Regulations pursuant to Article 3, Division 3.8, Section 3.8.9 of the Collier County Land Development Code, except as provided in 6.1 IC. B. Pursuant to Collier County Land Development' Code Article 3, Division 3.8, Section i" 3.8.8, approval of the PELICAN MARSH PUD Environmental Impact Statement by Collier County shall constitute Collier County's review and approval of all environmental resources and environmental quality issues contained in the PELICAN MARSH COMMUNITY Application for Development of Regional Impact in so far ' as said issues specifically pertain to lands contained within the PELICAN MARSH ~!:' PUD boundaries. C. Provisions 6.11 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 the site relative to species of special status pursuant to CCLDC Section 3.8.5.4.1.5.d. and e. D. The Collier County 'ST' overlay has been eliminated and replaced by the creation of the Reserve District and its related conservation easement pursuant to Section 5.5 of this Planned Unit Development, however all existing Collier County wellfield and/or groundwater protection zones shall remain in effect unless otherwise modified by Collier County. :' E. The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into this PUD by reference. Exhibit E, entitled Cocohatchee Strand Restoration Plan depicts · :;:' the improvements contemplated under the Cocohatchee Strand Restoration Program ~.. and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features [.':. including mitigation ratios and available credits for impacts to Collier County jurisdictional wetlands. It is understood that changes to both the Cocohatchee Strand Restoration Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies during permit review. If such changes cause a need to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank as depicted on Exhibit E, such modifications and revisions may be administratively approved by the Collier County Project Plan Review Environmental staff. F. 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 to the GCO District. Compensation for lost habitat which has been deemed non-significant by the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC policy. :, smm-mt,0oo,-0o.~ 6-8 6.12 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS PELICAN MARSH shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8. The following substitutions to the improvement standards are approved for Final Subdivision Plat requirements: A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows: 1. Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. 3. All cul-de-sacs serving more than twenty five (25) single family lots shall be required to have a sidewalk or bikepath on one side of the street. 4. All cul-de-sacs serving twenty five (25) or less single family lots shall not be required to have a sidewalk or bikepath provided the following conditions are satisfied: a. The fight-of-way section shall include two twelve foot (12') wide travel lanes, b. the gross density of the cul-de-sac shall be less than two (2) units per acre, and c. the average daily trips (ADT) per cul-de-sac shall not exceed 200 ADT based on Institute of Traffic Engineers (ITE) guidelines. Actual traffic counts my be used for trip generation determination. B. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2.8.4.16.5 except as follows: 5. Cul-de-sac and local streets less than five hundred feet (500') in length are required to have a minimum forty feet (40') fight-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 6.12 A.4 of this PUD. 6. All other cul-de-sacs are required to have a minimum fifty feet (50') fight-of- way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 6.12 A.4 of this PUD. i~::. 7. All other local streets are required to have a minimum fifty feet (50') right-of- way and two twelve foot (12') wide travel lanes. 8. Where sidewalk design substitutions are desired per Section 6.12.A.4 of this ;.:.. pUD, cul-de-sac streets shall have a minimum of two twelve foot (12') wide z,' travel lanes. C. Cul-de-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but may exceed a length of one thousand feet (10(X)'). D. Tangents between reverse curves shall not be required under Subsection 3.2.8.4,16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy five feet (75'). :'. E. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. F. Roadside slopes within private street right-of-ways may be allowed to a maximum of 3: I in accordance with FDOT MUMS, page III-35. ~"r<. 6.13 VANDERBILT BEACH ROAD · ? :~. , ~-". Vanderbilt Beach Road (VBR) between US 41 and Airport Road (CR 31) is a planned :, County Road. The proposed alignment of VBR shown on the PELICAN MARSH PUD " Master Plan is for informational purposes only. VBR is not expected to be operational , during the PDA Phase of the PELICAN MARSH COMMUNITY and the traffic assessment for this PUD has been analyzed accordingly. The proposed right-of-way " required for VBR is located substantially within the boundary of the PELICAN MARSH PUD. Should Collier County require WCN to dedicate land for VBR right-of-way, such dedication shall be subject to a Road Impact Fee Credit under Ordinance 92-22 and Section 380. C6(16), Florida Statutes (1992). ~: .... 6.14 PINE RIDGE CANAL :i,i~'.' The existing Pine Ridge Canal will be relocated as shown on the PELICAN MARSH PUD Master Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination of the ,.... existing canal, and shall therefore not require the use of mitigation credits established :ii under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge Canal ~,/ and associated control structures within the boundary of the PELICAN MARSH PUD shall be the responsibility of the PELICAN MARSH COMMUNITY DEVELOPMENT ~:i~.:;, DISTRICT. 66 ~/ ~ ~m.m~mo~-oo. ~ .~ ~ 6-10 ~'!;,:/ 6.15 DEDICATIONS All dedications of property or facilities for a public purpose, whether by easement or deed, may, at WCN's option, contain a condition limiting the use to said public purpose. In addition, said dedication, at WCN's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable 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. LANO USE SUMMARY OCO OOLF COURIEIRECREATiON · RESIOEHTIAL UNI11 (PDA/P~ ~ASE)~TI0 O.~ 'iii~i'~ STATE OF FLORIDA ) iC0UNTY OF COLLIER I, DWIGHT g. 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. 93-27 which was adopted by the Board of County Commissioners on the 25th day of May, X993, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this day of June, 1993. DWIGHT E. BROCK Clerk of Courts and Clerk,,,~ Ex-officio to Board of c_. County Commissioners .~ . { ' ' - Deputy Clerk ~).. · ""/ /? J 'I '~'~