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Ordinance 92-048\~ Of Board ~o-/ BER ~ ~ ORDINANCE A~ENDING ORDINANCE NUM ~W/..e ..%%%~1-102, ~E COLLIER COUNTY ~ND DEVE~ENT ~~%~ CODE ~ICH ESTABLISHES THE COMPREHENSIVE ZONING ~GU~TIONS FOR ~E UNINCORPO~TED ~ OF COLLIER COUNTY, F~RIDA, BY ~ENDING THE OFFICIAL ZONING AT~S ~P ~BERS 8619N ~D 8619S; BY C~GING ~E ZONING C~SSIFICATION OF THE HEREIN DESCRIBED R~L PROPERTY FROM "PUD" ~D "~D-ST" TO "~D" ~D "PUD-ST", P~ED UNIT D~I~, ~O~ AS C~LTON ~S PUD, FOR A MIXED USE COMP~X (MIXED USES INC~DING CO~ERCIAL ~D ~SIDENTIAL) , FOR PROPERTY ~CATED ON ~E NORTH SIDE OF I~O~E ROAD (C.R. 846) ~D 1/4 MI~ WEST OF 1-75, ~D LYING IN SE~ION 19, TO,SHIP 48 SOUTH, ~GE 26 ~ST, COLLIER COUNTY, F~RIDA, CONSISTING OF 245.77 AC~S; AND BY PROVIDING ~ EPFE~IVE DATE. WHEREAS, the residential portion of the Carlton Lakes Planned Unit Development (PUD), which permits 626 dwelling units at a density of 2.62 units per acre, is consistent with the Density Rating System contained in the Future Land Use Element of the Growth Management Plan; WHEREAS, the seven (7) acre commercial tract has received a Compatibility Exception pursuant to Resolution #92-196 and is consistent with Policy 5.11 of the Future Land Use Element; WHEREAS, the Collier County Growth Planning Department petitioned the Board of County Commissioners to change the zoning classification of the herein described real property to be consistent with the conditions of Resolution ~92-196; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that; The Zoning Classification of the herein described real property lOcated in Section 19, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" and "PUD-ST" to "PUD" and "PUD-ST" Planned Unit Development, in accordance with the PUD document attached hereto as Exhibit which is incorporated heroin and by reference made part hereof. The official Zoning Atlas Map Numbers 8619N and 8619S, as described in Ordinance Number 91-102, are hereby amended accordingly. ~00' 054~'~ 44 Ordinance Number 88-56, known as the Carlton Lakes PUD, adopted on Jun~ 14, 1988 by the Board of County commissioners of Collier County, Florida, is hereby repealed in its entirety. This Ordinance ehall become effective upon receipt of notice from the Secreta]?f of State that this ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, thie ~_~ day of ~/~<~.~.. -- , 1992. ... .... ... ~.:_'... ~, - .... A)~fEST: ..,~....c~' ~OARD OF COUNTY COMMISSIONERS ,'J.X}~E. S C. ,G.'~LE~, Clerk COnifER ~OUNTY, FLORIDA . .:~.. ,, , . Chai · '7.~:..1 ec.~a :].'""~ f f t .c t e nc~' MarJo~e M. Student Assistant cowry Atto~ey ~~~~ CARLTON LAKES A PL~NNED UNIT DEVELOPMENT PREPARED FOR: NAPLES INTERSTATE ASSOCIATES A CALIFORNIA LIMITED PARTNERSHIP PREPARED BY: WILSON, MILLER, BARTON SOLL & PEEK, INC. 1383 AIRPORT ROAD NORTH NAPLES, FLORIDA 33942 REVISED JULY 21, 1992 BY TNE COLLIER COUNTY GROWTH PLANNING DEPARTMENT ..~ EXHIBIT "A" '' INDEX PAGE List of Exhibits and Tables ii Statement of Compliance and Short Title iii SECTION I Property Description and Ownership 1-1 SECTION II Project Development 2-1 SECTION III Residential Land Use 3-1 SECTION IV Neighborhood Commercial 4-1 SECTION V Recreation and Open Space 5-1 SECTION VI General Development Commitments 6-1 LIST OF EXHIBITS AND TABLES EXHIBIT A P.U.D. MASTER PLAN & LOCATION MAP (WMBS&P FILE NO. RZ-150) TABLE I Land Use Summary TABLE II Estimated Market Absorption Schedule TABLE III Development Standards STATEMENT OF COMPLIANCE The development of approximately 245.77 acres of property in Collier County, as a Planned Unit Development to be known as Carlton Lakes will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential, commercial, and recreational facilities of Carlton Lakes will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The project site is designated as Urban Residential on the Future Land Use Map and described in the Future Land Use Element. The permitted uses in this PUD are permitted in the Urban Residential Area. Properties designated Urban Residential are permitted a base density of four units per acre. Interconnection to adjacent properties is not provided which lowers the density to a base density of three units per acre. The project sits (minus the seven acre commercial tract) has a base density of 2.62 units per acre which is within the base ' density range of up to three units per acre. The seven acre commercial tract has been granted a Compatibility Exception (CEX-001-UE), pursuant to Resolution # 92-196 and is consistent with Policy 5.11 of the Future Land Use Element. 2) The project development is compatible and ~, complimentary to the surrounding land uses as ~. required by Policy 5.4 of the Future Land Use ~' '~i~~ Element. 3) ImprovemQnts are planned to be in substantial compliance with applicable regulations. 4) The project development will result in an efficient and economical extension of community facilities .~ and ser%'ices. 5) The project development is planned to incorporate natural systems for water management in accordance .~, with their natural functions and capabilities. ' SHORT TITLE This ordinance shall be known and cited as the "Carlton Lakes PUD Ordinance." - :' .! iii ~ SECTION 1. PROPERTY DESCRIPTION AND OWNERSHIP 1.1 INTRODUCTION. LOCATION. AND PURPOSE It is the intent of Naples Interstate Associates, (hereinafter called "applicant or developer") to establish a Planned Unit Development (P.U.D.) on approximately 245.77 acres of property located in Collier County, Florida. The subject property is generally bordered on the west and north by undeveloped property, on the east by Regency Village of Naples P.U.D., on th,m south by Immokalee Road (C.R. 846) and on the west by Pelican Bay Improvement District wellfield and future Livingston Road. It is the purpose of this document to e~tablish the standards and guidelines for the future dea~elopment of this property. 1.2 nz~m~~ION Part of Section 19, Township 48 South, Range 26 East, Collier County, Florida All that part of the west 1/2 of Section 19, Township 48 South, Range 26 East, Collier County, Florida being more particularly described as follows: BEGInnING at the southwest corner of said Section 19; thence along the west line of said Section 19, North 1'-07'-34" West 100.00 feet to the north line of an easement for drainage purposes as described in Deed Book 44 at page 78, Collier County Public Records, Collie~ ~i.~ County, Florida said point also being the southwest corner of that parcel as described in O.R. Book 767, pages 1508 and 1509 and O.R. Book 768, pages 828 and ..- 829, Collier County Public Records, Collier County, Florida; thence along the boundary of that land as described in said O.R. Book 767, pages 1508 and 1509 and O.R. Book 768, pages 828 and 829, Collier County Public Records, Collier County, Florida the following described nine (9) 1) North 89'-09'-48" E .st 50.00 feet; 2) North 1'-07'-34" West 549.50 feet; 3) North 88'-52'-26" East 30.00 feet; 4) North 1'-07'-34" West 2017.43 feet; 5) North 0'-58'-48" West 582.54 feet; 6) North 89'-01'-12" East 360.00 feet; 7) North 0'-58'-48" West 800.00 feet; 8) South 89'-01'-12" West 400.00 feet; 9) North 0'-58'-48" West 1280.00 feet to a point on the north line of said Section 19, which lies North 89'-20'-08" East 40.00 feet from the northwest corner of said Section 19; thence along the north line of said Seotion 19, North 89'-20'-08" East 2,592.26 feet to the north 1/4 corner of said Section 19~ ~.- thence along the north and south 1/4 section line of said Section 19, South 1'-08'-21" East 'i 1,716.05 feet; thence leaving said line, South 89'-09'-48" West 750.00 feet; thence South 1'-08'-21" East 3,605.71 feet to the south line of said Section 19 and the south line of that drainage easement described in said Deed ~"~ Book 44, page 78; thence along said line, South 89'-09'-48" West 1,890.21 feet to the southwest corner of said Section 19, and the Poin~ of Beginning of the parcel herein described; being par= of the west 1/2 of Section 19, Township 48 South, Range 26 East, Collier County Florida. SECTION 2. PROJECT DEVELOPMENT 2 · i PURPOS~ The purpose of this Section is to generally describe the plan of the d,avelopment and delineate the general conditions that will apply to the project. 2.2 GENERAL PLAN OF DEVELOPMENT Carlton Lakes is a planned community including a mixture of residential uses, commercial facilities, and recreational, conservation, and water management-related elements. 2.3 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in compliance with the applicable Collier County Land Development Code as well as other Collier County development codes in effect at the time permits and/or plats are requested .... 2 ~ 4 ~CTIONALIZATION OF TRACTS a. When the developer sells an entire Tract or a building parcel (fraction of a Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Planning Services Manager for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. b. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.4(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Planning Services Manager, for approval, prior to development of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. c. The developer of any tract must submit a Conceptual Site Plan for the entire tract in accordance with Section 2.14 of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is submitted and approved for the entire tract. d. The developer of any tract or building parcel must submit, prior t~aat t~same time of application for a building permit, a detailed site development plan for his tract or parcel in conformance with the Zoning Code requirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site P10n as well as all criteria within this document. e. In evaluating the fractionalization plans, the Planning Services Manager's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. f. If approval or denial is not issued within ten (10) working days, the submission shall be considered automatically approved. g. The provisions of this Section (2.4) shall not circumvent or waive the requirements of Division 3.2,' Subdivisions, of the Land Development Code. 2~5 Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "A", P.U.D. Master Plan. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and e~ze-.~ of individual tracts and the assignment of dwelling units thereto shall be submitted to the Planning Services Manager for approval or denial, as described in Section 2.4 of this document. The final size of the recreation and open space lands will depend on the actual requirements for water management, roadway pattern, and dwelling unit size configuration. 2.6 PROJECT DENSITY The total acreage of the Carlton Lakes P.U.D. is approximately 245.77 acres. The maximum n!,~ber of dwelling units to be built on the residential acreage ~'~ (238.77) is 626. The number of dwelling units per gross acre is approximately 2.62. The density of individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. '" 2.7 PERMITTED VARIATIONS OF DWELLING UNITS ~-"'~_.~ All properties designated for residential uses may be '~t developed at the maximum number of dwelling units as assigned under Section 2.4, provided that the total number of dwelling units shall not exceed 626. The Planning Services Manager shall be notified in accordance with Section 2.4 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 626. 2-2 The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 6-year-time period, any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of oourse, change depending upon future economic factors. Table II indicates, by phase, the estimated absorption of units for the development period. 2.9 RESERVATION OF NATURAL VEGETATION AND TREF~ Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outline in this document and pursuant to the Land Development Code. Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Land Development Code in effect at the time a permit is requested or reg~ired. Ail necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2.11 ~SUBSTITUTION~ The following requirements shall be waived: a. Section 3.2.8.4.10, Monuments: Where such monuments occur within street pavement areas, they shall be installed in a typical water valve c .vet, as prescribed in the current County standard~ and may be approved by the Development Services Director. b. Section 3.2.8.4.16, Street Pavement Widths: Waive requirements for local roads to have two (2) twelve foot lanes, may be approved for short (less than 700'), private cul-de-sac streets only. c. Section 3.2.8.4.16, Dead End-Streets: Such streets shall not exceed one thousand (1,000) feet length may be approved with a maximum of 1,700' d. Section 3.2.8.4.16, Curb Radii: Reduce requirements from forty (40') foot radius to thirty (30') foot radius at local to local road and local to minor collector road intersections only· e. Section 3.2.8.4.16, Intersections: Requiring curved streets to have a minimum tangent of 75 feet at intersections. f. Section 3.2.8.4.21, Utility Casings: May be approved if all underground utilities are installe4 prior to roadway constr~c~ion. 2.~2 As depicted on Exhibit A, P.U.D. Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in the Collier County Excavation Code, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off-site to the extent permitted by the Excavation Regulations. Approval from the County Engineer and the Planning Services Manager shall be required to assure no negative impacts on surrounding residential properties and on impacted roads. Mitigation measures may be required if deemed appropriate and necessary by the County Engineer and/or Planning Services manager. 2.13 ~OAD~ Roade within the development may be either public or · - private roads, depending on location, capacity, and design. 2.14 P.U.~, SITE PLAN APPROVAL When site plan approval is desired or required by this docuxaent, the following procedure shall be followed: a. A written request for site plan approval shall be submitted to the Planning Services Manager for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off-street parking arid off-street loading areas; yards and other open spaces. 2)Plans showing proposed locations for utilities hook-up. 3) Plans for screening and buffering. b. In the case of cjustered buildings and/or zero lot line with common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved under this section. c. A fee consistent with the current fee schedule for County Site Development Plan approval shall accompany the application. d. Site Plan approval under this section shall occur prior to fractionalization of the commercial tract. e. If approval or denial is not issued within ten (10) working days, the submission shall be considered automatically approved. 2.15 SITE DEVELOPMENT PLAN APPROVAL Site Development Plan approval, when desired or recslested by this document, shall follow the procedure as outlined in the Land Development Code. 2-5 .-~ CARLTON LAKES ESTIMATED LAND USE SUMMARY TABLE DESCRIPTION APPROXIMATE ACREAGE Single Family Detached 35.5 Zero Lot Line 17.5 Cjuster Housing 25.0 Multi-family 28.0 Neighborhood Commercial 7.0 Recreation 3.4 Preserve Area 54.0 Open Space/Buffers 11.0 Lakes 39.8 Right-of-way 20.6 100' Canal Right-of-way 4.0 Total Development 245.77 NOTE: These acreages are approximate and are subject to change. CARLTON LAKES ESTIMATED ABSORPTION SCHEDULE TABLE II RES I DENT IAL COMMERCIAL UNITS ACREAGE · 1993 104 4 · "4. ...~ · 1994 104 3 1995 105 ': 1996 105 1997 104 1998 104 SECTION 3. RESIDENTIAL LAND USE 3.1 PURPO~ The purpose of this Section is to set forth the regulations f3r the areas designated on Exhibit "A", P.U.D. Master Plan, as Single Family detached areas; zero lot line areas; cjuster housing areas; and multi-family areas. 3.2 ~[NG UNIT~ A maximum nu~er of 626 dwelling units may be constructed on lands designated as Residential except as permitted by Gection 2.7. 3.3 GENERAL DESCRXPTION Areas designated as Residential on the P.U.D. Master Plan are designed to accommodate a full range of residential dwelling types, recreational facilities, essential se~,ices, customary accessory uses, and compatible land uses. Approximate acreages of all residential tracts have been indicated on the P.U.D. Master Plan, in order to indicate relative size and distribution of the residential u£.es. These acreages are based on conceptual de~.igns and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of fractionalization in accordance with Section 2.4. 3.4 PERMI~~¢IPAL USES AND STRUCTURES · Single Family Detached Single Family attached, cjuster homes, zero lot line, and patio homes · Townhouses · Garden Apartments/Condominiums · Recreational facilities, lakes and water management facilities · Interim Utility and Maintenance facilities 3.5 PE~ITTED ACCK~ 1) Accessory uses and structures customarily associateQ with uses permitted in this district· 2) Essential services and facilities as listed in Section 2.6.9 of the Land Development Code· 3.6 DEVELOPMENT STANDARDS Table III sets forth the development standards for land uses within the Residential District. Site development standards for category 1, 2 and 3 uses apply to individual dwelling unit parcels. Standards for category 4 and 5 uses apply to fractionalization parcel boundaries in accordance with Section 2.4 of this document. Front yard setbacks shall be measured as follows: ,oo 58 1) If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a private road, setback is measured from the road easement or parcel line. 3) .If the parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. Standards for parking, landscaping, signs and other land uses not specified herein are to be in accordance with the Collier County Zoning Code in effect at the time permits are requested. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. a)._ Zero Lot Line and Patio Homes: If a common wall along a property line is proposed, prior to the application for building permits the petitioner shall submit a covenant, in a form satisfactory to the County Attorney, and shall be recorded as a part of the deed for the subject property and the responsibility for maintenance of the common wall along the property line. DEVELOPMENT STANDARDS Residential Areas TABLE III SINGLE SINGLE PATIO & pE]~ITTED USES FAMILY FAMILY CjustER TOWN- GARDEN STI~t~RDS DETACHED ATTACHED ~OME$ ~ CATEGORY I 2 3 4 5 MINIMUM SITE 6000 5000 3000 1 1 AR~A SF SF SF AC AC SITE WIDTH 60 50 50 150 150 MIN. AVG. SI~ DEPTH 100 100 60 150 200 MIN. AVG. FRC,NT YARD 25 25 20 25 25 or SETBACK BH SIDE YARD SETBACK 5 0 or 10 0 or 10 15 20 REAR YARD SETBACK 15 15 15 30 BH ~'i REAR YARD °"~ SETBACK ACSRY. 10 10 0 10 10 ~t~X. BUILDING 2 2 2 3 4 : HEIGHT STORIES ~, ABOVE PARKING ' DIST. BW~WEEN 10 0 or 10 0 or 10 .5 .5 PRINCIPAL STR. SBH SBH FLOOR AREA 1200 1000 750 1000 1000 MINIMI~M (S. F. ) *Off-street parking spaces 2 2 2 1.5 1.5 left,ack from Fractionalization Pare:el Boundaries 25' 25' 25' 25' 25' ~E DEPTH AVERAGE: Determined by dividing the site area by the site width, ~: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between th8 foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). ~[: (Sum of Building }{eights): Combined height of two adjacent buildings for the purpose of determining setback requirements. *Where 2 parking spaces per unit are required, 1.5 spaces may be paved and .5 spaces per unit shall be set aside for future paving. SECTION 4. NEIGHBORHOOD COMMERCIAL The purpose of this Section is to set forth the regulation~ for the areas designated on Exhibit "A", P.U.D. Master Plan, as neighborhood commercial. 4.2 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) ~he neighborhood commercial uses are as follows: C-l, Professional Commercial Uses C-2, Convenience Commercial Uses Only as a Planned Unit Development the following uses found within the C-3, Commercial Intermediate District may be permitted. Art Supplies Bakery Shops (including baking incidental to retail or wholesale sales) Banks [branch or main office), and Financial Institutions Barber and Beauty shops Book Stores .~ Child Care Centers Clothing Stores ' Confectionery and Candy Stores Delicatessens Drug Stores ' D~ Cleaning Shops (pick up only) --~. D~7 Goods Store Florist Shops Food Markets Gourmet Shops Hardware Stores Health Food Stores Hobby Supply Stores Ice Cream Stores Jewelry Stores Laundries - Self Service L~quor Stores Medical Office or Clinic for Human Care M~llinery Shops ~'~ Music Stores Office (Retail or Professional) Pet Shops Pet Supply Stores Post Office Restaurants (not including drive-ins) Small Appliance Stores Shoe Sales and Repair Shopping Centers Stationary Stores Toy Shops Variety Stores Veterinary Offices and Clinics (no outside kenneling) Watch and Precision Instrument Sales and Repair B. Permittg~]~%ccessorv Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted in the his district. 2) Essential services and facilities 4.3 DEVEI~PMENT STANDARDS: 1) Minimum Site Area: As approved under Section 2.4 2) Minimum Site Width: As approved under Section 2.4 3) Minimum Yard Requirements from parcel boundaries: Fifty (50) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. 4) Distance between principal structures - None, or a minimum of five (5) feet with unobstructed passage from front to rear yard. 5) Maximum Height of Structure: Fifty (50) feet above the finished grads of the site. 6) Minimum Floor Area of principal structures: One thousand (1,000) square feet per building on the ground floor. 7) Minimum standards for signs, parking, lighting,, and landscaping shall be in conformance with applicable Collier County Regulations in effect at the time permits are sought. 8) Prior to fractionalization, a site plan for the commercial tract shall be approved in accordance with Section 2.14. Prior to development, a site development plan shall be approved in accordance with Section 2.15. SECTION 5. RECREATION AND OPEN SPACE 5.1 PURPOS~ The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "A", Master Plan. 5.2 PERMITTED USES AND STRUCTURES A. Permitted Principal 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: l) Parks, playgrounds and game courts and fields. 2) Biking, hiking, canoeing and nature trails. 3) Equestrian paths. 4) Nature preserves and wildlife sanctuaries. 5) Recreational shelters and restroom facilities. 6) Water Management Facilities and Lakes. 7) Wildlife Management. . 8) Any other open space activity which is comparable in nature with the foregoing uses and which the Planning Services Manager determines to be compatible in the District. 9) Polling places as required in the Land Development Code. B. Permitted Accessory Uses and Structur~ 1) Accessory uses and structures customarily associated with principal uses permitted in this District. 2) Signs as may be permitted by the Collier County Land Development Code in effect at the time permits are requested. 3) Maintenance and storage areas and structures. C. ~!ite Pla~h~SDDroval Re~uireme~ Site plans for the proposed uses shall be submitted to the Planning Services Manager in accordance with Section 2.14 of this document. a) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. b) Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the setback area shall be landscaped and maintained to act as a buffer zone. c) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 5.4 ~IGNS AND MINIMUM OFF-STREET PARKING As may be permitted or required by the applicable Collier County Land Development Code in effect at the time a permit is requested. 65 it §-2 SECTION 6. GENERAL DEVELOPMENT COMMITME~;TS The purpose of this Section is to set forth the development commitments of the proJeot. 6.2 P.U.D. P~ASTER PLAN a. The P.U.D. Master Plan (Wilson, Miller, Barton, Soll& Peek, Inc., Drawing File Number RZ-150) is an iljustrative preliminary development plan. The design criteria and layout iljustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. b. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. c. Minor design changes shall be permitted subject to county staff administrative approval. 6.3 ~'AL The agreed upon stipulations of the Environmental Advisory Council are as follows: a. Petitioner shall be subject to Ordinance 75-21 [or the tree/vegetation removal ordinance in existence at time of permitting], requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Project Review Services Section for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. b. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Project Review Services Section for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. c. All exotic plants, as defined in the Collier County Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Project Review Services Section. d. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Project Review Services Section notified. Development will be suspended for a sufficient length of time to enable the Project Review Services Section or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Project Review Services Section will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. e. All cypress areas to be maintained intact shall: a. Maintain "ST" zoning overlay b. Labeled as Wetland Preserve on the Master Site PI.an, and all subsequent plans and plats submitted to Collier County. f. Any walking/Jogging trails in Wetland Preserve areas shall be r,viewed and approved by Project Review Services Section and shall have: a. minimal understory clearing, b. no clearing of trees with DBH greater than 4 inches, ..... c~ ' no paving and minimal fill material and boardwalks where feasible, and d. noxious exotic vegetation removed at least once per year. g. Where lakes border wetland preserves, the slope of the littoral shelf within the lake shall be approximately 10 to I out to a distance of at least 40 feet from the ~ preserve. The littoral portion shall be planted with native wetland species. h. All other lakes shall have littoral areas conforming to the Collier County Excavation Code criteria and shall have the shallow portions of the lakes: a. Maintained free of exotics. b. At least 50% of the lake littoral region of each lake shall be p~anted with native wetland vegetation. i. The 1.6 acres of Scrub Oak (three small areas) shall be conserved by incorporation into the PUD document and listed as a Scrub Oak Conservation Area on the Master Site Plan. During construction this small area will be fenced to prevent: a. Accidental bulldozing b. Storage of equipment c. Littering J. Total lake area shall not exceed the minimum required for storm water management purposes. It may well be that 39.8 acres of lakes are not required. If this is the case, then the acres not cleared for lake excavation shall remain as uncleared conservation areas with limited recreationa~es. 6-2 k. The petitioner shall remove exotic plants from the entire project, including Wetland Preserves. Prior to final plant, an Exotic Removal Plan and Program shall be submitted to the Project Review Services Section for review and approval, and shall be carried out for any given portion of the project at the time of construction. 1. Wetland systems crossing property lines will not be separated ~rom off-site wetlands by berms or other developmental structures. 6.4 WATER MANAGEME~"~ The agreed upon stipulations of the Water Management Advisory Board are as follows: a. Detailed site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County. b. Preserve areas excluded from the on-site Water Management Plan shall be incorporated into a plan to accommodate off-site sheetflow run-off. c. An Excavation Permit will be required for the proposed lakes in accordance with the Collier County Excavation Regulations. d. In conjunction with Phase I of this project, the Developer shall, contingent upon obtaining necessar~ agency permits, implement improvements to the Cocohatchee Canal (CR-846 Borrow Canal) in accordance with the recommendations of the 1981 Gee & Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall consist of the canal reach along the entire CR-846 frontage. e. When required by the County, the developer agrees to contribute his fair share (on a pro-rata basis) to implement the canal improvements to serve the remainder of the Cocohatchee Canal Watershed with appropriate credits given for constructing the improvements along this project's frontage. f. Access to the property from C.R. 846 shall be in accordance with a Right-of-Way Permit issued by the Project Review Services Section. Drawings for said Permit shall be prepared by a Florida Registered Professional Engineer and shall be approved by the Big Cypress Basin (SFWMD) prior to construction. 6.5 ~RANSPORTATION The agreed upon stipulations of the County Traffic Engineers are as follows: a. The developer shall provide left and right turn lanes on Immokalee Road at the project entrance. The developer shall be responsible for the cost of intersection modifications upon the four laning of Immokalee Road. b. The developer shall provide left and right turn lanes on Livingston Road at the project entrances and shall be responsible for the cost of intersection modifications upon the four laning of that road. C. The developer shall provide a fair share contribution toward the capital cost of a traffic signal on Immokalee Road at the the project entrance when deemed warranted by the County Engineer. The signal will be owned, operated and maintained by Collier County. d. All access shall be in compliance with ordinance 82-91 or revisions thereof. e. The developer shall provide arterial level street lighting at each project entrance. f. All traffic control devices used shall comply with the Manual on Uniform Traffic Devices (chapter 316.0747, Florida Statutes. g. These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. h. A sidewalk shall be provided along the frontage of Immokalee Road and may be located north or south of the canal. i. The "main" road shall be designed as a minor collector on the south half of the project (the portion running through the CH, MF, Rec & Commercial areas). J. A pedestrian/bike path system shall be designed for the project and submitted to the Project Review Services Section and Planning Services Section for their review and approval. Upon approval this plan shall supersede the Subdivision Code requirements for sidewalk construction along internal roadways. k. The direct access to Immokalee Road shall be directly connected to the internal roads and shall be provided with sidewalks on both sides. 1. The Master Plan shows "bridges" and "islands" on the roads. All such structures shall be constructed in accordance with the County Engineer's review and approval. m. If Piper Boulevard property, the property owner will dedicate the necessary right-of-way for that road extension through the Carlton Lakes PUD. In the event of this road extension, the PUD Commercial Tract shall be allowed to be modified so as to maintain its existing size - 7 acres. 6.6 The agreed upon stipulations of the County Utilities Engineers per their memorandum dated September 30, 1987 are as follows: a. Water and Sewer 1) Water distribution and sewage collection and transmi~sion systems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. Ail water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall' be owned, operated and maintained by the Devaloper, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements in effect a= the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utility facilities, County owned or privately owned, into sezwice. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and regulations in effect at the time conveyance is request,d. ' 2) All con~truction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmi~sion facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3) All customers connecting to the water distribution and sewage collection facilities will be customers of the county and will be billed by the County in accordance with the County's established rates. Should the County not De in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. 4) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County System not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adeql/ate to meet all requirements of the appropriate regulatory agencies. 5) An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project,.stating that: a) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as .] interim; they shall be constructed to State and Federal Standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities end/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to these lands owned by the Developer and approved by the County for development. The utility facility(les) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. c). Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, intsrconnection with County off-site facilities, water and/or sewer lines necessary to' make the connection(s), etc. d) At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, 2) Ali water and sewer facilities required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: a) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary; 6-6 b) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. e) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the developer, his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. f) Ail construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. g) The Developer, his assigns or successors agree to pay all system development charges at the time that building permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. h) The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment Lease, if required, shall facilities. The remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. b. Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. c. If an interim on-site water supply, treatment and transmis~ion facility is utilized to sez-ve the proposed project, it must be properly eized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. d. Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewer treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. e. Detailed hydraulic design reports covering the water di~tribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. f. At this time, water and sewer service is not available to this project from the County Water-Sewer District. The Developer will be responsible to coordinate the design of this project with the Utilities Division so that the availability of utility service can be properly addressed at that time. g. When the District has the ability to provide water service and sewage treatment and disposal services, the Developer, his assigns or successors will be responsible to connect to these facilities at points to be mutually agreed upon by the District and the Developer, with the Developer assuming all costs for the connection work to be performed. h. Prior to approval of construction documents by the Utilities Division, the D,veloper must present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. i. The on-site water distribution system to serve the project shall have the following features incorporated into the distribution system design~ a) Dead end mains shall be eliminated whenever possible by looping the internal pipeline network. b) Stubs for future system interconnection with adjacent properties shall be provided to the North, East and West property lines of the project, at locations to be mutually agreed to by the Utilities Division and the Developer during the design phase of the project. J. The Utilities Division will not be in a position to approve Certificates of Occupancy for structures within the project until the on-site and possible off-site sewerage and water distribution facilities previously stipulated have been completed, conveyed to the District, placed into service and satisfactory documentation has been submitted to the Utilities Administrator verifying that adequate fire flows exist within the project site, as specified by the Utilities Division and/or the appropriate Fire Control District. 6.7 LANDSCAPE BUFFERING: Buffering standards for separating the single-family housing tracts from the multi-family housing tracts and for the 7 acre commercial tract and utility site should be included and shall reflect those standards required in Section 2.4.7 of the Land Development Code. 6.8 ENVIRONMENTAL SCIENCE AND POLLUTION CONTROL STIPULATIONS: a. The Carlton Lakes Project will be planned to avoid stormwater discharges within 200 feet of any production well location if the project design exceeds the 40% impervious area as recommended by G-1. The project lakes will be set back 200 feet from any production well location regardless of impervious coverage. b. Any grounds maintenance facility shall be placed outside the 200 foot wellfield boundary. c. The sewage treatment plant will be sited as far to ~he east in the project as is feasible in order to maximize the separation from it to the wellfield, and shall not be closer than 1,200 linear feet from any production well location. d. If the force main sewage conveyance system is located anywhere within the 200 foot wellfield boundary, it will incorporate safety containment measures so that there will be no leakage of more than 25 gallons per inch of pipe diameter per mile, per day into the soil. e. The project developer shall provide a pair of observation wells at an appropriate location between the STP and wellfield. Wells shall be monitored monthly for dissolved chlorides and conductivity and quarterly for nutrients (based on wastewater as possible contaminant). f. Petroleum storage facilities within the project shall .~4 use either double wall tanks or an impervious secondary containment system. The integral piping system would also be double walled or lie within an impervious '"; underground catch basin. These facilities shall not be located within the 200 foot radius of any production ,. well. Inl41121Ss CL/PUD .. Carlton Lakes .................... Exhibit A. ¥.:-' i .... --~ .... "i~" '~ ~ *' [ ~ :~- ~ ~ '.~  '-- Gulf , Hexlco .... · . , STATE OF FLORIDA ) COUNT'{ OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify thai'the foregoing is a true copy of: Ordinance No. 92-48 which was adopted by the Board of County Commissioners on : the 21st day of July, 1992, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of July, 1992. JAMES C. GILES ' .. Clerk of Courts and Clerke. m,~.[;~, - Ex-bfficto to Board of .~-j~.~ .... ~ ~,