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Ordinance 2010-06 ,\O'\'\12731<;f q, q, 7.$';.: '\ .. ~., ~ (0 ..,~~ "~";'.... :c 4) ~~'J ".,. ...!o "'" >,. \jl '<') ~~~~ ~~.,J\...'" ~ ~ ri.\ ,,,,,<. III N '''-(l\l)'' '-\ ~ "',"11\ Z ,"-::,'" ~ ~q" ~~ 6> .11: ~ '<;>C"L~9ZSt.'II"': ORDINANCE NO, 10 - Of; .-' c:;... AN ORDINANCE OF THE BOARD OF COUNT~ COMMISSIONERS OF COLLIER COUNTY, FLORIDA,';. AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, ::r;-, ~ THE COLLIER COUNTY LAND DEVELOPMENT CODE, \:hi WHICH INCLUDES THE COMPREHENSIVE ZONING ';;-- REGULATIONS FOR THE UNINCORPORATED AREA OF :11' COLLIER COUNTY, FLORIDA, BY AMENDING THE ig~;: '~ APPROPRIATE ZONING ATLAS MAP OR MAPS BY Gi~,-' CHANGING THE ZONING CLASSIFICATION OF THE :po HEREIN DESCRIBED REAL PROPERTY FROM PLANNED UNIT DEVELOPMENT (PUD) AND AGRICULTURAL (A) TO MIXED USE PLANNED UNIT DEVELOPMENT (MPUD) FOR A PROJECT KNOWN AS THE MAGNOLIA POND MPUD FOR PROPERTY LOCATED ON THE NORTH SIDE OF INTERSTATE 75, Y2 MILE WEST OF COLLIER BOULEVARD (CR 951), IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 47,05clc ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-49. THE FORMER MAGNOLIA POND PUD; AND BY PROVIDING AN EFFECTIVE DATE, = ..." g ,,) 0" -0 - ....- , , ~:1~i , r;::J -0 -'-. WHEREAS, Timothy Hancock, AICP of Davidson Engineering, Inc, and Patrick White, Esquire of Porter, Wright, Morris & Arthur, representing Magnolia Pond Holdings, LLC, Pawel and Teryl Brzeski and Teryl II. Brzeski, Trustee of The Land Trust #I-B dated September II, 2001, 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 SECTION ONE: COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: , I I The zoning classification of the herein described real property located in Section 34, Township 49 South, Range 26 East, Collier County, Florida, is changed from Planned Unit Development (PUD) and Agricultural (A) to a Mixed Use Planned\Unit Development (MPUD) to be known as the Magnolia Pond MPUD in accordance with Exhibits A through 1', attached PUDZ.A-2006-AR-l 0318 Rev. 01/13/1 0 Page I of2 hereto and incorporated by reference herein, The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly, SECTION TWO: Ordinance Number 98-49, known as the Magnolia Pond PUD, adopted on June 9, 1998, by the Board of County Commissioners of Collier County, Florida, is hereby repealed in its entirety, SECTION THREE: This Ordinance shall become effective upon filing with the Department of State, PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this <<2.3 day of jet l'\J~ ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,~., . :~': J_, : ly Clerk . .1 >- BY: '1uJ- Lv, C~ FRED W, COYLE, Chm . an ~7.LJ'Q~ Steven T Williams Assistant County Attorney Attachments: Exhibit "A" - Permitted Uses Exhibit "B" - Development Standards and Tables Exhibit "C" -- Master Plan Exhibit "D" -- Legal Description Exhibit "E" - Deviations Exhibit ''F'' - Developer Commitments This ordinance filed with the ~c~ry of .s~s Office}h. <&:!:..'1lay off I L/Q[ ~ 0 and oclcnowledgem ~f!f that flli is day of By 09.CPS.00936/31 PUDZ-A-2006-AR-10318 Rev, 011\3110 Page 2 of2 EXHIBIT A The Magnolia Pond PUD is clc 47.05 acres in size and has a maximum number of231 dwelling units permitted with a density of 4,9 units per acre. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-fmnily dwellings (includes zero-lot line), limited to a maximum of 125 units. 2. Two-family dwellings and duplexes. 3. Multi-family dwellings (includes buildings containing more than 2 units that are physically connected). 4, Assisted living facilities at a F .A.R. of .60 (for each four ALl' units developed, one residential dwelling unit shall be subtracted from the maximum of231 permitted dwelling units). 5. Any other permitted use deemed compatible by the Board of Zoning Appeals. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the permitted principal uses and structures, including but not limited to: I. Customary accessory uses and struetures including carports, garages, and utility buildings. 2. Recreational uses and facilities including clubhouses, swimming pools, tennis courts, volleyball eourts, children's' playground areas, tot lots, boat docks, walking paths, horse trails and barns, kayak and canoe launches and storage, picnic areas, recreation buildings, verandahs, and basketball/shuffle board courts, 3. Manager's residences and offices, temporary sales trailers, and model units. 4. Gatehouse. Revised 1-12-10 Page I of 15 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Any other accessory use deemed compatible by the Board of Zoning Appeals. Revised 1-12-10 Page20fl5 EXIllBIT B TABLE I RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS SINGLE- TWO- MULTI- ASSISTED CLUBHOUSE LIVING FAMILY F AMIL Y F AMIL Y FACILITY Min. Lot Area (per unit/use) 7,500 sq. ft. 5,000 sq. ft. 4,000 sq. ft. 10,000 sq, ft. 7,500 sq. ft. 50 feet 90 feet Min. Lot interior (I) interior (I ) 50 feet Width (45 feet)(2) interior( I ) 60 feet NA 75 feet 110 feet 60 feet comer corner corner lots (55 feet)(2) Front Yard 15 feet (5) I Sfeet (5) 25 feet 25 feet 25 feet Setback Side Yard o feet & 10 o feet & 10 Setback feet or both feet or both 15 feet 1 5 feet 15 feet 5 feet 5 feet Rear Yard Setbaek Principal: 20 feet 20 feet 20 feet 20 feet 20 feet Accessory: 10 feet 10 feet 10 feet 10 feet 10 feet MPUD Boundary Set- back: Principal: 20 feet (3) 20 feet (3) 20 feet (3) 20 feet (3) 20 feet (3) Aeeessory: 10 feet 10 feet 10 feet 10 feet 10 feet Revised 1-12-10 Page 3 of 15 STANDARDS SINGLE- TWO- MULTI - ASSISTED CLUBHOUSE LIVING I' AMIL Y F AMIL Y F AMIL Y FACILITY Setback from 75 feet 75 feet 75 feet 75 feet 75 feet 1-75 Garage 23 feet 23 feet 23 feet 23 feet NA Setback (4) Preserve Area Setback Principal: 25 feet 25 feet 25 feet 25 feet 25 Feet Accessorv: 10 feet 10 feet 10 feet 10 feet 10 Feet Distance One-half the One-half the One-half the Between NA NA sum of the sum of the sum of the Principal building building building Structures heights. heights. heights. Distance Between 10 feet 10 feet 10 feet 10 feet 10 feet Accessory Struetures: Maximum Zoned Height Principal: 35 feet and 2 35 feet and 2 38 feet and 3 38 feet and 3 35 feet and 2 stories stories stories stories stories Accessory: 20 feet 20 feet 20 feet 20 feet 20 feet Maximum Actual Height Principal: 42 feet and 2 42 feet and 2 45 feet and 3 45 feet and 3 42 feet and 2 stories stories stories stories stories Accessorv: 27 feet 27 feet 27 feet 27 feet 27 feet Minimum I bdr. 650 sq. Floor Area ]200 sq. ft. [100 sq. ft. ft. (6) 1200 sq. ft. 2 bdr. - 900 sq. ft. 3 bdr. - 1050 sa. ft, Minimum 1 carport carport or 2 car garage I car garage space or 1 ear (7) NA garage oer unit garage (1) May be reduced on cul-de-sac lots. (2) Minimum lot frontage in parcntheses applies only in cases where a dwelling unit in a 2-family structure is on an individually platted lot. (3) Three-story buildings shall be set back a minimum of three hundred feet from the Golden Gate Canal right-of-way and one hundred feet from Interstate 75 right-of-way, Revised 1-12-10 Page 4 of 15 (4) A minimum of 23 feet shall be provided from the back of sidewalk/curb to the face of garage. (5) 15 foot setback shall apply to side-entry garages. Front entry garages must maintain a minimum of 23 feet. (6) Maximum floor area for ALl' shall be calculated per the permitted F.A.R. of .60. (7) Not applicable for assisted living facility buildings. Independent living units that are part of an ALl' shall mirror the multi-family parking requirements, (8) The buffer along Magnolia Pond Drive shall be a Type D buffer of either 10 feet in width with a 6 foot privacy wall or 15 feet in width if only vegetation is installed. Revised 1-12-10 Page 5 of 15 , ~: " t! (l " 1< " " ~ .. " " Q Z :l "' '" i <it "' ::l ~ :~~5~~ :i .i <:: <<;:g ':l~~~~~~ . J ::: ~:.::'i ~ : i ~ i ~ ~ ~ j ~ ~ !;i :1 "' l:l ~ tt ~ ~ 3~l~~c e , ;f d Revised 1-12-10 ~" i~ ., h ,0 , EXHIBIT C MPUD MASTER PLAN " i5 ~ :l " u <I u ~ ~ .. ~ lil ::! .. ., .,.,'" ""'"'' ~!l:'~~~~l::'~~ , ~::l::Jl:.:IZ[2::l:f:I:l"~ ~~~HBiil~ ~~~~:;~~~'~'~ w! ~.~~ ~ ~:'A g~~ 2l:l;: ~~ ~ii:' ~~ ! ~:~~~&~~H~ mdb ff~iF ;~;;"j<' ~ Hnl~~ l r I ~~ ' n g' ,~ -,-=... - - --=-=j- ,. . " .".'" >:. :,.' - , . ..,.. - - j I I I \" ~- ! ,i / : ,~'] , ~ ,[ "I~~;i: ! 'I ':i II 1\ rt , ~ i , f i'n,;' ~c; ).. / ~': !-'i 0'" \l.Jfl/ I ~, 1'-'-~,2':- I~ I '.., q I" ~, ,II ,;Ii,1 ~~ I U1 ~ g I! ...~ I ~:!i 'i: ... :.1 < . <, I' :1 ~ii' ,. ::; ~,; " :~li !i1"''<! ~ 5i:i~ I!! i~~ o [O:1i z _!- ~ i - S H~ lfI:u.. ~,n~ " .oil <";0 :!/. ";>~.. ~;.: ~ ,g~"~ ',Ii 9.."'" -"01~ ;;~ :.,~ ~~~~ ~;!; ;;~l ~~~i B_~" il;~ "::iO~ . ~! H I' ,;,:~,.....,. . -'._~._---,._.,- ~' I ,i . ~\i . ~;;: " Gjf ~ -.- ~ .... I II I., II~ ~ ~ ~/ " eml 0 I, ~ ~ >::" ,'/~.. ~~ I · Ii . .~ ., p ~ i l! I ! ~ li~ .~,r r j!t ..,,:~ ,~ ~:~ It" T :518 <. ~,~ - 5ill: ~ ~ 3 ~i~ ('r :0.. ;1 i ~~! .;' . ; ~ .q ~ ~ ;;;: ;; u -< z~ z -:i ~ I:I~ z. ii2~1 w. w~ Z'. -'. c:I"" z~~ w... z~l. ~ o~ . CI)~ ~ ~m c(...~ ~ Q~..3 Wa af " , f/ . " I, . . , . . :;,: 0 ~ ~ , l ~ ~ < , < 8 j , Q , ! , ~ ~ " , ,; " 0 ~ < , ~ " ~ Page 6 of 15 ,.--- EXIDBIT D LEGAL DESCRIPTION FOR MAGNOLIA POND MPUD OFFICIAL RECORD BOOK 3749, PAGES 0161-0165 A PARCEL OF LAND LYING fN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 8: THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PROPERTY J.D, #00296760002 AND PARCEL 20: THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY J.D. #00297240000 AND PARCEL 21: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 AND THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNT TO NOT LESS THAN 25%. LESS A PORTION OF THE SE 1/4 OF THE SE 1/4 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTlCULARL Y DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; RUN THENCE, SOUTH 00020'07" EAST ALONG THE EAST LINE OF THE NORTHWEST 1/4 OF SAID SECTION 34, A DISTANCE OF 2,324.86 FEET FOR THE POINT OF BEGINNING: THENCE NORTH 74009'17" WEST, A DISTANCE OF 323.86 FEET TO A POINT: THENCE, NORTH 73000'33" WEST, A DISTANCE OF 364.53 FEET; THENCE SOUTH 00019'13" EAST, A DISTANCE OF 355.71 FEET TO A POfNT OF A CURVE CONCAVE SOUTHWESTERLY; THENCE, FROM A TANGENT BEARfNG OF SOUTH 76001 '14" EAST, RUN SOUTHEASTERLY ALONG SAID CURVE HAVING A RADIUS OF 11,297.16 FEET, THROUGH AN ANGLE OF 03000'41" AN ARC DISTANCE OF 593.78 FEET TO THE END OF SAID CURVE; THENCE, SOUTH 73000'23" EAST A DISTANCE OF 92.07 FEET; THENCE, NORTH 00020'07" WEST ALONG THE EAST LINE OF THE NW 1/4 OF SECTION 34, A DISTANCE OF 346.19 FEET TO THE POfNT OF BEGINNING. CONTAINfNG 5,231 ACRES, MORE OR LESS. Revised 1-12-10 Page 7 of 15 SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. LESS AND EXCEPT PROPERTY DESCRIBED IN QUIT-CLAIM DEED RECORDED IN O.R. BOOK 2323, PAGE 508, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY LD. #00297280002 AND PARCELS 33 & 38: THE WEST 1/2 OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR, AMOUNTING TO NOT LESS THAN 25%. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS. PROPERTY J.D. #00297720009 AND PARCEL 39: THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, TOGETHER WITH ALL THE OIL, GAS AND MINERAL RIGHTS NOW OWNED BY THE GRANTOR AMOUNTING TO NOT LESS THAN 25%, LESS AND EXCEPT THE PARCEL SET FORTH IN THAT CERTAIN STIPULATED FINAL JUDGMENT RECORDED IN O.R. BOOK 994, PAGES 1760-1763, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. SUBJECT TO: A 50 FOOT MUTUAL RIGHT-OF-WAY EASEMENT EXTENDING 25 FEET ON EITHER SIDE OF ALL SECTION LANDS INCLUDING QUARTER AND QUARTER QUARTER SECTION LINES, WHICH EASEMENT IS FOR THE USE AND BENEFIT OF THE ADJACENT PROPERTY OWNERS, PROPERTY LD. #00297880004 AND PARCEL 41: THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, LESS AND EXCEPT THE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 1048, PAGES 521-523, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. PROPERTY I.D. #00298000003 AND Revised 1-12-10 Page 8 of 15 PARCEL 114: THAT PART OF THE S 1/2 OF THE NW 1/4 OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE CENTER OF SAID SECTION 34, THENCE RUN N 16059'37" E A DISTANCE OF 162.00 FEET; THENCE N 73000'33" W A DISTANCE OF 893.75 FEET; THENCE N 16059'27" E A DISTANCE OF 162.00 FEET TO THE POINT OF BEGINNING; AND THE BEGINNING OF A CURVE CONCAVE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73037'19" W; THENCE NORTHWESTERL Y ALONG SAID CURVE HAVING A RADIUS OF 11,621.16 FEET THROUGH AN ANGLE OF 01013'41 ", AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE; THENCE N 88028'35" E A DISTANCE OF 336.37 FEET; THENCE S 00019'13" E A DISTANCE OF 109.09 FEET; THENCE N 73000'33" W A DISTANCE OF 102.33 FEET TO THE POINT OF BEGINNING. SUBJECT TO RESTRICTIONS, RESERVATIONS, CONDITIONS AND EASEMENTS OF RECORD AND UTILITIES REMAINING IN PLACE AND IN USE, IF ANY. THIS PROPERTY CANNOT BE USED FOR OUTDOOR ADVERTISING PURPOSES. RESERVING UNTO THE STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ALL RIGHTS OF INGRESS, EGRESS, LIGHT, AIR, AND VIEW BETWEEN THE ABOVE DESCRIBED PROPERTY AND THE ROAD NAMED AS FOLLOWS: STATE ROAD 93 (1-75); ALONG THE FOLLOWING DESCRIBED LINE: COMMENCE A T THE CENTER OF SAID SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST; THENCE RUN N 16059'37" E A DISTANCE OF 162.00 FEET; THENCE N 73000'33" W A DISTANCE OF 893.75 FEET; THENCE N 16059'27" E A DISTANCE OF 152.00 FEET; THENCE S 73000'33" E A DISTANCE OF 102.33 FEET TO THE BEGINNING OF THE HEREIN DESCRIBED LIMITED ACCESS LINE; THENCE N 73000'33" W A DISTANCE OF 102.33 FEET TO THE BEGINNING OF A CURVE CONCA VE SOUTHWESTERLY AND HAVING A CHORD BEARING OF N 73037'19" W; THENCE NORTHWESTERL Y ALONG SAID CURVE HA VING A RADIUS OF 11,621.16 FEET, THROUGH AN ANGLE 01'01013'41" AN ARC DISTANCE OF 249.10 FEET TO THE END OF SAID CURVE AND THE END OF SAID DESCRIBED LIMITED ACCESS LINE. PROPERTY \.D. #00297280002 AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 2904, PAGES 0876 THROUGH 0879 INCLUSIVE, MORE PARTICULARLY DESCRIBED AS FOLLOWS: Revised 1-12-10 Page 9 of 15 THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 LYING IN SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. AND THOSE LANDS DESCRIBED IN OFFICIAL RECORD BOOK 3002, PAGE 2740 MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 49 SOUTH, RANGE 26 EAST, SAME BEING FIVE ACRES MORE OR LESS. SUBJECT TO AN ACCESS EASEMENT OF 25 FEET ON, OVER AND ALONG THE NORTH LINE AND A DRAINAGE EASEMENT ON THE EAST LINE OF SAID PROPERTY. SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. SUBJECT PARCEL CONTAINS 2,049,396,00 SQ. FEET, OR 47.05clc ACRES OF LAND, MORE OR LESS. Revised 1-12-10 Page 10 of 15 EXHIBIT E DEVIATIONS LANDSCAPING AND BUFFERING REOUIREMENTS: A. Deviation # I seeks relief from LDC Section 4,06.02(C)2, Buffer Yard Requirements, which requires an Alternative B (15 foot wide) Landscape Buffer, to allow for a reduction in width to 10 feet when the common property line between single or two family units and multi-family units are internal to the project and employ a similar architectural theme. The planting materials shall be the same as the Type 'B' buffer. B. Deviation #2 seeks relief from LDC Section 6.06.01(0), Minimum Right-of-Way Widths, which requires a minimum of a 60 foot width, to permit within the proposed MPUD internal roadway right-of-ways of 50 feet in width. Revised 1-12-10 Page )1 of 15 EXHIBIT F LIST OF DEVELOPER COMMITMENTS I. GENERAL The property owner, his or her assigns and or subsequent homeowners associations will be responsible for the maintenance of common areas and infrastructure associated with future development. 2. ENGINEERING A. Prior to SOP approval a FDOT "Notice of Intent to Issue" Right of Way permit shall be submitted for work within the S.R. 951 right of way. B. The project shall utilize internal loop roads whenever feasible and shall eliminate dead-end roads where practical. 3. WATER MANAGEMENT A. A copy of the approval of the SFWMD Right of Way and Discharge Permit for outfall into the Golden Gate Canal shall be submitted prior to Final Plat and/or SOP approval. B. A 30' wide drainage, maintenance and access easement will be donated at no cost to the County along the entire length of the eastern property line. Said easement will be provided at the time the applieant receives an approved SOP or within 120 days of receiving a written request for the drainage easement from Collier County. . C. Lake setbacks from the perimeter of the MPUD may be reduced to twenty- five (25) feet where a six (6) foot high fence or suitable substantial barrier is ereeted. Revised 1-12-10 Page 12 of 15 4. TRAFFIC A. This projeet may not reeeive Development Order approval until fair share contribution towards planned intersection improvements at the Magnolia Pond and CR-951 intersection as identified by County projeet SAP #60092 extending from Davis Blvd. northward to the Golden Gate canal have been approved and accepted by Collier County. B. A minimum throat length of 100 feet shall be maintained at any gated entrance. C. The maximum number of trips generated by any proposed development shall be based on the 125 single-fmnily units (LUC 210) defined in the TIS that generate 131 pm peak hour trips. Any mixed residential development proposed shall not exceed those 131 pm peak hour trips. D. The donation of the 30' drainage, maintenance and access easement along the eastern property line represents the project's full fair share portion of the one-time maintenance/clean out costs of the MGG-15 drainage swale. E. The property owner shall within 30 days of the adoption of this PUD convey at no eost to the County a 20' easement along the southern side of the Golden Gate Canal for use as a pedestrian and bicycle aceess purposes. The easement will not be used by vehicles beyond those necessary to maintain the improvements constructed within the easement. 5. ENVIRONMENTAL A. The minimum native preservation requirement shall be 10.28 acres (41.1 0 acres existing indigenous vegetation x 25% = 10.28 acres to be preserved). B. Permitted Principal Uses and Structures in the Preserve (for as long as the minimum required preserve acreage is retained): (i) Passive recreational areas including recreational shelters. (ii) Biking, hiking, and nature and horse trails, and boardwalks. (iii) Native preserves and wildlife sanctuaries. (iv) Any other use deemed consistent with the LDC for permitted uses in preserves or deemed compatible by the BZA at time of Development Order approval. C. Florida Black Bear and Big Cypress fox squirrel management plans shall be submitted as part of the next Development Order. D. A Gopher Tortoise relocation management plan shall be submitted as part of the next Development Order. Revised 1-12-10 Page 13 orIS E. A report to the Environmental Services staff on the results of the relocation of gopher tortoises shall be provided within thirty days of relocation. The report must contain the following information: . the number of burrows excavated, . the number of tortoises relocated, and . the final relocation site. 6. ARCHITECTURAL A. All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. Within any multi-family project all roofs, except for carports, shall be peaked and finished in tile or metal. Within any single-family or two-family project all roofs, except for carports, shall be peaked and finished in tile, metal, or architecturally- designed shingles (such as Timberline). 7. OPERATIONAL CHARACTERISTICS FOR AU UNITS A. Care units may be composed of one or more types of eare/housing facilities. These eare/housing types include, but are not limited to independent living, assisted living, and nursing homes, each of whieh can have varying operational characteristics. The following characteristics of care units distinguish them from residential land uses, and all of the characteristics must be provided for and maintained to be considered a care unit: (i) There shall be on-site dining facilities for the residents with food service being on-site or catered (ii) Group transportation services shall be provided for the residents for the purposes of grocery and other types of shopping. Individual transportation services shall be coordinated for the residents needs, including but not limited to medical office visits, (iii) There shall be an on-site managerlactivities coordinator to assist residents, and shall be responsible for planning and coordinating stimulating activities for the residents, (iv) A wcllness facility shall be provided on-site to provide for exercise and general fitness opportunities for the residents. Revised 1-12-10 Page 140fl5 (v) (vi) Revised 1-12-10 Each unit shall be equipped with a device to notify emergency service providers in the event of a medical or other emergency. I' or independent living units, each unit shall be designed so that a resident is able to age in place. For example, kitchens may be easily retrofitted to lower the sink to accommodate a wheelchair bound resident or bathrooms may be retrofitted to add grab bars. Page 15 of 15 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 and correct copy of: ORDINANCE 2010-06 Which was adopted by the Board of County Commissioners on the 23rd day of February, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of February, 2010. DWIGHT E. BROCK Clerk of Courts and c~~r~ Ex-officio to Board ~f County Commissioners :; oy,. ~ ~~Q,c~:. By: Ann Jennejohn,'- N') Deputy Clerk -"