Ordinance 93-42 ORDINANCE 93- &2
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102 THE COI. LIER COUNTY LAND
~ .
DEVELOPMENT CODE WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA BY AMENDING THE OFFICIAL ZONING
ATI2%S MAP(S) NUMBERED 0608N AND 060:~S; BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT AND
FROM "E" ESTATES AND "E-ST" TO "PUD",
K~OWN AS FALLING WATERS PUD, FOR PROPERTY
LOCATED SOUTH OF DAVIS BOULEVARD (SR. 84)
AND WEST OF THE PROPOSED SANTA BARBARA .,.',-~ ~ '~;~ ~
BOULEVARD, IN SECTION 8, TOWNSHIP 50
SCUTH, R~dgGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING O~ 134.04 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 89-44, AS AMENDED, THE FORMER ~£~£~'~
FALLING WATERS PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Q. Grady Minor of Q. Grady Minor & Assoc.,
P.A., representing Samuel, Harrison and Albert Hubschman and
Teryl Beyrent, petitioned the Board of County Commissioners
to change the zoning classification of the he:~ein described
real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA;
~ECTION ONE:
The Zoning Classification of the herein described real
property located in Section 8, Township 50 South, Range 26
East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development and from "E" Estates and "E-ST" to
"PUD" in accordance with the PUD Document, at'~ached hereto as
Exhibit "A" which is incorporated herein and by reference
made part hereof. The Official Zoning Atlas Map(s) Numbered
0608N and 0608S, as described in Ordinance Number 91-102, the
Collier County Land Development Code, are her,_~by amended
accordingly.
Ordinance Number 89-44, as amended, known as the Falling
.Waters PUD, adopted on July 18, 1989 by the Board of County
-1-
Commissioners of Collier County is hereby repealed in its
entirety.
~ECTION THREE:
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this ordinance has
been filed with the Secretary of State.
PASSED AND DULY A[~)PTED by the Board of County
Commissioners of Collier County, Florida, this ~ day of
F~ , 1993.
'ATTES~:%.~ [.. BOARD OF COUNTY COMMISSIONERS
'.DWIGHT E? $~aCK, CLERK COLLIER COUNTY, FLORIDA
~ :.-// . .~/ 7'-- '- ' BURT L, SAUNDERS C}~IRMAN
ASSISTANT COUNTY ATTORNEY
PUD-92-13 'ORDINANCE TNI, ordlr~nce
T~b/913 9 Se~;r.etocy of
and ocknew'~dge~ent ~f that
-2-
FALLING WATERS PUD
A
PLANNED UNIT DEVELOPMENT
Regulations and Supporting Master Plan
Governing the Falling Waters PUD A Planned
Unit Development Pursuant to Provisions of
The Collier County Land Development Code
Prepared For:
HUBSCHMAN ASSOCIATES/FALLING WATERS
DEVELOPMENT CORPORATION
7200 Davis Boulevard
Naples, FL 33962
Prepared By:
Q. GRADY MINOR AND ASSOCIATES. P.A.
CIVIL ENGINEERS · LAND SURVEYORS · PLANNER,';
3800 VIA DEL REY
BONITA SPRINGS, FL 33923
DATE REVIEWED BY CCPC June 17. 1993
DATE APPROVED BY BCC July 27, 1._993 _
ORDINANCE NUMBER ~ 3 -4 ?,,,
AMENDMENTS AND REPEAL
EXIIIlllT A
Rcvt,~d 7/14/~ per M.M. Student 7f1~3 memo
Revi~'xl 7t30ff~ ~ BCC H~fing
R~d ~ ~ B~n Milk
R~d ~ ~ Jim 5im~
F:~PUD
TABLE OF CONTENTS
List of Exhibits i
Statement of Compliance ii
SECTION 1 Property Ownership & Description 1-1
SECTION 2 Project Development Requirements 2-1
SECTION 3 Residential 3-1
SECTION 4 ConservationfPreserve Area
SECTION 5 Development Commitments 5-1
I,IST OF DRAWINGS
DRAWING # DRAWING TITLE
1 CONCEIrrUAL PUD MASTER PLAN - EXHIBIT A
2 CONCEtrI'UAL PUD MASTER PLAN - DETAILS
(i)
STATEMENT OF COMPLIANCE
The development of approximately 134.04 acres of property in Callier County, as a Planned
Unit Development to be known as Falling Waters PUD will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan. The
project will be consistent with the growth policies, land development regulations and
applicable comprehensive planning objectives of each of the elements of the Growth
Management Plan for the following reasons:
1. The subject property is located within the Urban Residential Land Use Designation
as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and
Policy 5.3 of the Future Land Use Element.
2. The subject property's location in relation to existing community facilities and services
permits the development's residential density as required in Objective 2 of the Future
Land Use Element.
3. The project development is compatible with and complimentary to the surrounding
land uses as required in Policy 5.4 of the Future Land Use Element.
4. The project improvements are planned to be in compliance with the Collier County
Land Development Code as set forth in Objective 3 of the Future [.and Use
Element.
: 5. The project development will result in an efficient and economical extension of
" community facilities and services as required in Policies 3.1.h and 3.1.1 of the Future
: Land Use Element.
6. The project development is planned to incorporate the natural systems for water
: management in accordance with their natural functions and capabilities as'may be
required in the Collier County Land Development Code as 'required by Objective 1.5 "
of the Drainage sub-Element of the Public Facilities Element.
7. The project development will ensure protection of natural resources as required in
Policies 3.1.b. and 3.1.c. of the Future Land Use Element.
(ii)
8. The total number of dwelling units will not exceed 799 on 134.04 acres. This density
: of 6.0 d.u./acre is in compliance with the Growth Management Plan as follows:
Activity Center (18.73 ac.) x 16 d.u./acre --= 300 d.u.
Base density (134.04 ac. - 18.73 ac.) x 4 d.u./acre = 461 d.u.
Density band (134.04 ac. - 18.73 ac.) x 3 d.u./acre = 346 d.u.
Direct access to 2 arterial roads (134.04 a.:. - 18.73 ac.)
x 1 d.u./acre = 115 d.u.
Total allowable = 1,222 d.u.
Total proposed = 799 d.u. at 6.0 d.u./acre
(iii)
SECTION 1
PROPERTY OWNERSItlP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property,
and to describe the existing conditions of the property proposed to be developed
under the project name of Falling Waters PUD.
1.2 LEGAL DESCRIPTION
ALL LANDS DESCRIBED FOLLOWING LYING IN SEC~FION 8, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
W 1/2 OF NE 1/4 OF NE 1/4
E I/2 OF NW i/4 OF NE i/4
AND
SE I14 OF NE 1/4
SE 1/4 OF SW 1/4 OF NE 1/4
NORTH 362.5 FEET OF E 1/2 OF NW I/4 OF NE 1/4 OF SE 1/4
: AND
W 1/2 OF NW 1/4 OF NE 1/4 OF SE i/4
E I/2 OF NE 1/4 OF N-W 114 OF SE 1/4
AND '.
E 1/2 OF NW 1/4 OF NW 1/4 OF SE 1/4 '.
W 1/2 OF SW 1/4 OF NE 114 OF SE 1/4
W 1/2 OF SE 1/4 OF NW I/4 OF SE 1/4
W I/2 OF NE 1/4 OF SW 1/40P SE 1/4
NW 1/4 OF SW 1/4 OF SE 1/4
AND THE FOLLOWING DESCRIBED PARCEL (TRACT SI):
COMMENCING AT THE CENTER OF SECTION 8,'TOWNSHIP 50 SOUTH, RANGE 26. EAST,
COI~IER COUNTY, FLORIDA; THENCE SOUTH 88°44'00' EA~ST 540.87 FEET ALONG THE
EAST-WEST QUARTER LINE'FO THE POINT OF BEGINNING; 'I~IENCE CONTINUE ALONG "
SAID QUARTER LINE SOUTH 8~44'00" EAST 125.83 FEET TO THE SOUTHEAST CORNER
OF THE SO~T 1/4 OF THE SOU~I~IWEST 1/4 OF THE NORTHEAST 1/4 OF SAID
SECTION 8; THENCE NORTH a)~03'46' WEST 125.83 FEET ALONG THE EAST LINE OFTHE
SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHP_AST 1/4 CF SAID SECTION
8; THENCE SOUTH 45~36'07" WEST 175.87 FEET TO THE POINT OF BEGINNING. SAID
PARCEL CONTAINING 7,914.6 SQUARE FEET MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
CONTAINING 134.04 ACRES MORE OR LESS.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of or contracted for ownership
by Hubschman Associates/Falling Waters Development Corporation/Falling Waters
Recreation, Inc., 7200 Davis Boulevard, Naples, Florida 33962.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the south side of Davis Boulevard
approximately two and three quarter miles east of Airport Road. A portion
of the site is bounded on the east by the future extension of Santa Barbara
Boulevard.
B. The zoning classification of the subject property prior lo the date of this
approved PUD Document was PUD and Estates with "ST' overlay.
1.$ PHYSICAL DESCRIPTION
The project site is located within the Collier County Dislrict 6 drainage basin.
Water Management for the proposed project is planned to be both wet and dry
detention type.
Elevations within the project site range from 8.6 to 9.7 feet NGVD. All of thc site
is in Flood Zone X according to Firm Map 120067 0415 D, Map revised June 3, 1986.
:
The soil types on the site include arzel fine sand, broward fine sand, cypress swamp,
ochopee fine sandy marl and sunniland fine sand.
1.6 PROJECT DESCRIPTION :
The project will be a reside, ntial community.
:
1.7 SHORT TITLE
This Ordinance shall be known and cited as the Falling Waters PUD Planned Unit
Development Ordinance.
(1.2)
3'07
SECTION ~
PROJECT DEWELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses
of the tracts included in thc project, as well as other project relationships.
2.2 GENERAL ·
A. Regulations for dewfiopment of Falling Waters PUD shall be in accordance
with the contents of this document, PUD-Planned [Init Development District
and other applicable sections and parts of the Collier County Land
Development Code 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 Plats, Site
Development Plans, Excavation Permit and Preliminary Work Authorizations.
Where these regulations fail to provide developmental 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
time of building permit application.
C. All conditions imposed and all graphic material presented depicting
restrictions for the development of Failing Waters PUD 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 PUD. :
·
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the proviz;ions of the Adequate Public Facilities
Ordinance No. 90-24 at the earliest or next to occur of either final SDP
approval, final plat approval or building permit issuance agplicable to this
development.
F. Falling Waters PUD will be developed as an "Integrated Phased
Development".
(2-1)
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master'Plan, including layout of streets and usc of land for thc
: " various tracts, is iljustrated graphically by Fa:hibit "A", PUD Master
Development Plan. A number of land use tracts, plus necessary water
management lakes, street rights-of-way, the general configuration is also
iljustrated by Exhibit A, PUD Master Development Plan. A summary of land
uses is as follows:
TRACT USE * ACRES
A 134 Residential D.U. "17.25
B - Rosewood 144 Residential D.U. 17.92
C - Water Crest 102 Residential D.U. 10.84
G, H, J - Orchid Falls 110 Residential D.U. 13.34
L- Jasmine Court 50 Residential D.U. 4.48
I, K Recreation 3.65
D, M, N Road R/W, Easements 7.37
-- Dedicated to Santa Barbara
Davis Boulevard R/W 3.91
Q 150 Residential D.U. 15.55
R 90 Residential D.U. 9.85
S 19 Residential D.U. 4.97
T, U Conservation/Preserve 24.91
Project Total 134.04
· Dwelling unit totals for individual Tracts are approximate and may be revised but
will not exceed 799 dwelling units.
B. Areas iljustrated as lakes by Exhibit A shall be con:;tructed as lakes or, upon
: approval, parts thereof may be constructed as shallow, dR, depressions ior
water detention purposes. Such areas, lakes and dry areas shall be in the
: same general configuration and contain the same general acreage as shown
by Exhibit A. Minor modification to all tracts, lakes or Other boundary may
be permitted at the time of Preliminary Subdivision Plat or Site Development
Plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5
respectively, of the Collier County Land Development Code or as otherwise
permitted by this PUD document.
..
C. In addition to the various areas and specific items shown in Exhibit "A", such
easements as neces.,;ary (utility, private, semi-public, etc.) shall be established
within or along the various Tracts as may be neces.,;ary.
(2-2)
'.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 799 residential dwelling units, single and multi-family, may be
constructed in the total project area. The gross project area is 134.04 acres. The
gross project density, there[ore, would be a maximum of 6.0 dwelling units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQ. UIREMENTS
A. Prior to the recording of a Record Plat for all or part of thc PUD, final plans
of all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the PUD Master Plan,
Division 3.2 of thc C'ollicr County Land Development Code and the platting
laws of the State of Florida.
B. Exhibit A, PUD Master Development Plan, constitutes thc required PUD
Development Plan. Subsequent to or concurrent with PUD approval, a
Preliminary Subdivision Plat if applicable shall be submitted for the entire
area covered by the PUD Master Plan. Any div/sion of property and the
development of the land shall be in compliance with the Land Development
Code and the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County I~nd 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 approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a Preliminary Subdivision Plat in
conformance with requirements of Division 3.2 of the Collier County Land
Development Code prior to the submittal of construction plans and plat for
any portion of the tract or parcel.
E. Appropriate instruments will be proVided at the time of infrastructure
: improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
F. All 'buffers as required by Section 2.4 of the Collier County Land
Development Code shall be applicable to all adjacent land relationships.
(2.3)
2.6 MODEL HOMES AND MODEL SALES OFFICES
Model homes and model sales offices are permitted in conformance with Section
2.6.33.5 of the Collier County Land Development Code.
2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made 'to the PUD as permitted in Section 2.7.3.5 of thc Collier
County Zoning Ordinance. Collier County recognizes that the Developer of Falling
Waters PUD owns additional l~tnds in the vicinity. If appropriate, lhis property may
be added to Falling Waters PUD through a PUD amendment.
2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of property within said development in which the common
interest is located, that developer entity shall provide appropriate legal instruments
for the establishment of a Property Owners Association whose function shall hlclude
provisions for the perpetual care and maintenance of all common facilities and open
space.
(2-4)
BOOK
SECTION 3
RESIDENTIAL
3.1 PURPOSE
The purpose of this Section is to set forth the regulations for the development of the
residential development.
3.2 MAXIMUM DWELLING UNITS
The maximum number of dwelling units allowed within the PUD shall be 799.
PERMITTED USES
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. Multiple family dwellings, townhouses, clm~ter housing, single family
and administrative offices in conjunction with the management of
common amenities, property maintenance and rental management.
2. Recreational areas - swimming pool, clubhouse, tennis court(s), etc.
B. Accessory Uses:
1. Recreational areas - swimming pool, clubhouse, tennis court(s), etc.
2. Commonly owned open tracts (jogging trac't, lake, cypress preserve).
3. Water management facilities (owned and. maintained by owner's .
as.,mciation).
4. Customary accessory uses and structures, including private garages and
carports.
5. Signs as permitted by Division 2.5, Collier County Land Development
: Code.
6. Walls and fences constructed of materials and finishes architecturally
compatible with the principal structures to which they are accessory,
shall be permitted subject to the provisions of the appropriate Collier
County ordinance and this document.
3.4 DEVELOPMENT STANDARDS
A. GENERAL: All criteria listed below shall be understood to be in relation to
respective tract boundary lines or between buildings.
B. MINIMUM YARDS:
1. Front yard (setback from road right-of-way or ingress/egress
easement line) - twenty.five (25) feet for principal
structures, ten (10) feet for accessory structures.
2. Side yard - fifteen (15) feet unless a common architectural theme.
If a common architectural theme, then the setback
between buildings is 1/2 the sum of. thc heights of the
adjacent structures.
· . 3. Rear yard - filleen (15) feet.
4. Perimeter PUD boundary setback - thirty (30) fe~t.
.. 5. Distance between buildings on same parcel - forty (40) feet for four (4)
story structures or thirty (30) feet for three (3) story
structures or twenty (20) feet for two (2) stm3, structures.
· . 6. Minimum separation between garages - ten (10) feet.
7. There is no minimum separation between garages and principal
structures.
· . (3-2)
tJ6 3'13
" ~OOK ~A~r
C. MAXIMUM HEIGHT OF STRUCTURES:
The maximum height of all dwelling structures shall be 4 habitable stories.
One story of parking below the first habitable floor is permitted.
D. MINIMUM FLOOR AREA:
The minimum habitable floor area of each dwelling unit shall be 1,000 square
feet.
E. OFF-STREET PARKING:
As required by Collier County Land Development Code in effect at the time
of building permit application.
F. INSUBSTANTIAL CHANGES:
The Development Services Director may approve insubstantial changes
(including encroachments into building and/or yard setbacks or separations)
to these Development Standards for projects qualify-lng as a common
architectural theme and meeting the pre-requisites for same as described at
Section 2.6.27.4.6 of the Collier County Land Development Code.
(3-3)
SECTION 4
CONSERVATIONfPRESERVE AREA
4.1 PURPOSE
Conservation/Preserve Area - The purpose is to preserve and protect vegetation and
naturally functioning habitat such as wetlands in their natural state and/or to provide
mitigation required by governmental agencies.
4.2 PERMITTED USES
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, subject to regional, state and
federal permits when required;
A. Principal Uses:
1.Open spaces/Nature Preserves.
Lakes
: 3. Small docks, piers or other such facilities constructed for purposes of
lake recreation for residents of the project, subject to appropriate
· approvals by permitting agencies.
4. Boardwalks subject to appropriate approvals by perrnitting agencies.
5. Mitigation which may include grading, exc.~vation, fill, planting, exotic
removal or other measures agreed to with appropriate governmental
agencies.
'.
(4.1)
SECIION 5
DEVELOPMENT COMMITMENTS
~.1 PURPOSE
The purpose of this Section is to set forth thc development commitments for thc
development of the project.
$.2 GENERAL
All facilities shall be constructed in accordance with Final Site Development Plans,
Final Subdivision Plans and all applicable State and local laws, codes and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the
standards and specifications of the official County Land Development Code and
Subdivision Regulations shall apply to this project even if the land within the PUD
is not to be platted. The developer, his successor and assigns shall be responsible for
the commitments outlined in this document.
The developer, his successor or assignee shall agree to fl~llow the Master Plan and
the regulations of the PUD as adopted and any other conditions or 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 in title any commitments within this
agreement.
5.3 FUD MASTER PLAN
A. Exhibit A, PUl) Master Plan iljustrates the proposed development and is
conceptual in nature;. Proposed tract, lot or land use boundaries or special
" land use boundaries shall not be construed to be final and may be varied at
any subscq~.~ent approval phase as may be executed at the time of final
platting or site development plan application. Subject .to the provisions of
Section 2.7.3.5 of the: Collier County Land Development Code, may be made
from time to time.
B. All necessary easements, dedications or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
(s.1)
$.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION
A. 406 dwelling units are permitted or being reviewed for permits now. Thc
additional dwelling units will be permitted and developed within three years
of the approval date of ',his PUD unless economic conditions dicta'~c
otherwise. This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of
the Collier County Land Development Code.
B. Monitoring Report: An annual monitoring report shall bc submitted pursuant
to Section 2.7.3.6 of thc Collier County Land Development Code.
SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
Substitutions to the Subdivision Design Standards will only be included in thc PUD
when a concurrent application is being made for Preliminary Subdivision Plat
approval.
5.6 TRANSPORTATION
Thc development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A, The developer shall improve Cope Lane to County standards from County
Barn Road east to the eastern line of Tract "S". The developer will pave
Cope Lane with ! inch of asphalt over thc existing limerock from the eastern
line of Tract "S" to 10 fcct east of the driveway serving 5966 Cope Lane (tax
map parcel 76.1).
Plans for these improvements will be submitted and approved as part of the
final plat approval process for Tract "Q" or Tract "R" or Tract "S".
Up to three new culverts will be installed north - south under Cope Lane to
improve drainage.
In consideration for this paving, thc Falling Waters Development' Will be
permitted to use Cope Lane as a construction access. '
B. The developer shall be responsible for a fair share contribution toward
signalization of the Falling Waters/Countryside/Davis Boule,'ard intersection
at such time as signalization may be deemed warranted by the County.
Signals shall be owned, operated and maintained by the County.
(54)
3'17
C. One hundred feet of right-of-way shall be provided between Davis Boulevard
and the platted segment of Santa Barbara Boulevard under the PUD. In
exchange for right-of-way dedication, the County shall provide an access
easement between Tract "S" and Tract:"R", subject to permitting and
improvements in accordance with Ordinance 82-91 as may be amended.
$.7 WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and govern, ed by thc
following conditions:
A. ,a.n excavation Permit will be required for the proposed lake(s) in accordance
with Division 3.5 of the Collier County Land Devo. lopment Code, as amended
by Ordinance Number 92-73 and South Florida Water Management District
(SFWMD) rules.
B. A copy of South Florida Water Management District Permit or Early Work
Permit (with Staff Report) shall be provided prior to Site Development Plan
approval.
C. An analysis of off-site surface runoff from outside the revised PUD boundaries
which historically passed on, over or through areas of the PUD property shall
be prepared and included in the required South Florida Water Management
District surface water management permit modification., application for the
project. All off-site flow collection and routing facilities required to be created
through the South Florida Water Management Di:;trict permit modification
process shall be incorporated into the first development order submitted to
Collier County for review after the rezoning approval for the new/added lands,
however, this requ. irement shall not apply to development orders for Tract
~ "A", as described on the plat for Falling Waters appearing at PB 19, pages 4 -
7. Plans for the construction of the off-site water management system(s) shall
be submitted to the South Florida Water Management District (SFWMD) and
the Collier County Plan Review Department not later than August 26, 1993.
Not later than 60 days after plan approval by both SFWMD and Collier
County, the Developer shall have substantially completed the construction of
the improvements.
D. Should the South Florida Water Management District, or any other agency,
during its review process require significant changes be made to the site plan
and/or the water management facilities, Collier County reserves the right to
re-review the project and have it heard by the Environmental Advisory Board
(5.3)
E. This approval does not constitute agreement by the County to any control
elevation,, discharge rate, or outside inflow rate. All agreements shall be made
with South Florida Water Management District.
F. A lake will be constructed around the northwesterly, westerly and
southwesterly sides of the existing larger cypress preserve on Tract "A". A
berm as required by SFWMD will be constructed between the lake and the
large cypress preserve.
The smaller cypress preserve will be connected to the lake by a culvert.
Development shall be allowed between the cypress preserves. No permanent
structures will be allowed over the culvert.
G. A minimum ten foot (10') Drainage Easement, where needed, shall be created
for the off-site conveyance swale depicted on the PUD Conceptual Drainage
Plan and dedicated to Collier County with no responsibility for maintenance.
Justification that the proposed swale will handle the run-off shall be provided
in order to determine the width of the easement. A non-exclusive drainage
easement, where needed, shall be created on area:; already developed. The
dedication shall occur on the Final Plat.
5.8 UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accor,",ance with Collier
County Ordinance No. 88-76, as amended, and other applJ :able 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 accordance with the County's eslablished rates.
C. The on-site water distribution system to serve the project must be connected
to the District's 16-inch water main on the south side of Davis Boulevard
consistent with the main sizing requirements specified throughout the project.
During design of these facilities dead end mains shall be elirr, inated by looping
the internal pipeline network.
(5-4)
D. The utility construction documents for the project's sewerage system shall be
prepared so that all 'se:wage flowing to the County's master pump station is
transmitted by one (1) main on-site pump. station. Due to the desitin and
configuration of the master pump station, flow by gravity into the station will
not be possible. The Developer's Engineer shall Ineet with the County staff
prior to commencing preparation of construction drawings, so tl~at ali aspects
of the sewerage system design can be coordinated with the County's sewer
master plan.
E. The existing off-site water facilities of the District must be evaluated for
hydraulic capacity to serve this project and reinforc~:d as required, if/~ecessary,
consistent with the County's Water Master Plan Io insure that the district's
water system can hydraulically provide a sufficient quantity of water to meet
the anticipated demands of the prqiect and the District's existing committed
capacity.
F. The existing off-site .,;ewage transmission facilities of the District must be
evaluated for hydraulic: capacity to s~:rve this project and improved as required
outside the projects boundary to provide adequate: capacity to transport the
additional wastewater generated ~,,dthout adverse impact to the existing
transmission facilities.
5.9 ENVIRONMENTAL
The development of this PUl) Master Plan shall be subject to and govern.ed by the
following conditions:
A. This planned unit development (PUD) shall be subject to all environmental
sections of the Cbllier County Land Development Cotle and the Growth
Management Plan Conservation and Coastal Management Element in effect
at the time of final development order Itpprovals.
B. The PUD shall retain a minimum of 3316 acres of native ,eegetation. Since the
acreage within Tracts T and U are being used to fulfill part of the required
acreage of retained native vegetation, ~tll previously cleared areas in these
tracts shall be re-vegetated with native vegetation in all three strata. Shallow
marshes may be used towards the twenty-five percent (25%) native vegetation
requirement. Areas of deep water bodies or lakes within these tracts shall not
be credited towards the native vegetation retention requirement.
(515)
A detailed re-vegetation plan shall be submitted to Collier County Project
Plan Review Environmental staff for review and approval prior to or with the
submission of the first site development plan for tracts Q, R or S.
That plan shall include a time schedule and cziteria for commencement,
monitoring and completion of the re-vegetation, a statement of guaranteed
total survivability, a summary of the acreages and descriptions of each
different vegetative community and the total number of acres that will be re-
vegetated to be credited towards the twenty-live percent (25%) native
vegetation requirement. A final site inspection by Collier County
Environmental staff shall be required to verify successful re-vegetation. All
re-vegetation shall be completed, with total guaranteed survivability over a
three year period, prior to any final certificate of occupancies issued on Tracts
Q, R or S. Survivability shall be guaranteed by a bond consistent with the
bonding provisions for landscaping pursuant to Section 2.4.3.5 of the Land
Development Code.
C. To satisfy the requirement of a twenty-five (25) foot buffer around wetland
preserves, a non-exclusive easement or tract in favor of Collier County,
without any maintenance obligation, shall, be provided for all
"protected/preserve" areas required to be designated on the preliminary and
final subdivision plats. Any buildable lot or parcel subject to or abutting a
protected/preserve area required to be designated on the preliminary and final
subdivision plats shall have a minimum twenty-five foot (25') setback from the
boundary of such protected/preserve area in which no principle structure may
be constructed.
Further, the preliminary and final subdivision plats shall require that no
alteration, including accessory structures, fill placement, grad{ng, plant
alteration or removal, or similar activity shall be permitted within such setback
area without the prior written consent of the Development Services Director;
provided, in no event shall these activities be pe~-mitted in such setback area
within ten feet (10') of the protected/preserve area boundary.
D. A revised mitigation/compensation plan shall be provided in accordance with
Appendix 7 of South Florida Water Management District, to mitigate the
wetlands lost by the development proposed in this PUD. The mitigation plan
shall be submitted for review and approval prior to the issuance of any Final
Development Order approvals, with the exception of Tract "A" which shall be
mitigated for independently. Revisions shall include but not be limited to an
additional five acres of on-site mitigation or appropriate acres of off-site
mitigation.
(S-~)
Wetland monitoring and maintenance programs will be required for each
phase. An'eighty per~:ent (80%) survivability of the mitigation plantings shall
be guaranteed over a three (3) year period. Survivability shall be guaranteed
by a bond consistent with the bond provision for landscaping pursuant to
Section 2.4.3.5 of the Land Development Code.
E. All parcels which constitute a protected/preserve which shall include 33.6 acres
of required native vegetation and mitigation areas shall be labeled as an
easement or tract with appropriate protective covenants, and shall be
dedicated on the final plat to Collier County without the responsibility of
maintenance and to a property, owners association or similar entity with
maintenance responsibility.
F. The petitioner shall conduct an updated survey for red cockaded woodpecker
foraging activity using the procedures set forth in the document entitled
"Guideline for Preparations of Biological Assessments and Evaluation for Red-
Cockaded Woodpeckers" (Henry, 1989), on each phase of development prior
to any final development order approval.
G. Prior to the removal of the three red cockaded woodpecker cavity trees at the
northwest corner of the PUD as depicted on a map called Tract 'T', submitted
on 10/23/92 by Q. Grady Minor & Associates or to the encroachment into the
twenty-five foot (25') protective buffer surrounding these trees, the petitioner
shall receive, in writing, confirmation from Florida Game and Fresh Water
Fish Commission stating that they have no objections.
(5-?)
FALLING WATERS
__:. ,,. -y.._~.-~-
~ ~ ~ - ~- ~- -
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{ -
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, DWIGHT E. BROCK,' Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 93-42
which was adopted by the Board of County Commissioners on
the 2?th day of July, 1993, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 5th
day of August, 1993.
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board of ..-x' - .
County Commissioners ..' '
B~: /s/Maureen Kenyon "~.~ - .
Deputy Clerk '.'~ . ...
· . ,:,.{ 1.,~
{362 3'25