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Ordinance 92-079 I I ORDINANCE NO. 92-79 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY A~ENDING THE OFFICIAL ZONING ATLAS ~AP NUMBERS 8509N and 8510N~ BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROH RHF-$ AND PUD TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS STERLING OAKS FOR 799 RESIDENTIAL DWELLING UNITS WITH ACCESSORY USES AND INDUSTRIAL USES FOR PROPERTY LOCATED APPROXIMATELY 250 FEET SOUTH OF THE LEE COUNTY LINE BETWEEN U.S. 41 AND OLD U.S. 41, LOCATED IN SECTIONS 9 & 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 248+ ACRESI PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 81-80, AS AMENDED, THE FORMER CYPRESS HEAD PUD~ AMD BY PROVIDING AN EFFECTIVE DATE. WHER~S, Stefan O. Johansson of Community Development Corp. of S.W. Florida, representing Sterling Oaks Joint Venture and A. L. Dougherty Co., Inc., petit.~oned the Board 6f County Comm~ssionere to change the zoning ¢lass~fication of the herein described real propertyl NOW, THEREFORE BE IT ORDAINED by the Board of Coun=y Commissioners of Collier County, Florida: The Zoning Classification of the herein described real property located in Sections 9 & 10, Township 48 South, Range 25 East , Collier County, Florida, is changed from RMF-6 and PUD to "PUD" Planned Unit Development in accordance with the Sterling Oaks PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Hap Numbers 8509N and 8510N, as described in Ordinance Number 91-102, the Collier County Land Development Code, ~s hereby amended accordingly. SECTION TWO~ Ordinance Number 81-80, as amended, known as the Cypress Head PUD, adopted on December 1, 1981 by the Board of Coun=y Commissioners of Collier County is hereby repealed in its entirety. I " This Ordinance shall become effective upon receipt of i notice from 'the Secretary 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, this ~ day of October , 1992. ~.. e0~ OF ~n~ ~ZSSZO.~ · ,. cou~.~,,~m ~9~n~., ~O~ZD~, . ~:AND LZ~AL '~.~.:. ~.,~,~ ~,~_~ .---~,~ ~,~'?~' ;- ? 0~~ ~'~~ _ STERLING OAKS PLANNED UNIT DEVELOPMENT REGUI~TIONS AND SUPPORTING MASTER PLAN GOVERNING Tlcr~ ~TERLING OAlr~ PLANNED UNIT DEVELOPMENT PREPARED PURSUANT TO T~E COLL~"R COUNT~ LAND DEVELOPMENT REGULATIONS COMMUNITY DEVELOPMENT CORPORATION OF SOUTHWEST FLORIDA, INC. 1100 FIFTH A~ SOUTH #401 NAPLES, FLORIDA 33~40 (813) 649-1952 SEPTEMBER, 1992 DATE REVISED SEPTEMBER 10. 1992 DATE REVIEWED BY CCPC SEPTEMBER 17~ DATE APPROVED BY BCC OCTOBER 20. 199~ ORDI~fANCE NUMBER 92-79 TABLE OF CONTENTS ~: SECTION 1, STATF_.~F..NT OF CO~L~C~ .......................... I-1 ~ON 2, PROP~ OW~ ~ LEG~ D~CR~ON ........... 2-1 ~ON 4. ~~ ~ USE ~G~A~ONS .................... ~ON ~. ~C~ON ....................................... .~- ~ON ~. ~ ~ P~R~ ............................... ~'~, ~ON 7. ~~ ........................................ 7-1 ~ON ~. D~PM~ COMMI~E~ ......................... ~ON 9. ~~~ D~~ ~G~ONS .............. , .: SE~ON 10, ~0~~ ~~~ ' . ...... I$1 ~ A CON~ ~ ~B~ B D~PM~ ~~S ~ C ~~ ~O~ONS ., ~ D ~CA~ON M~. T~ I D~~ SECTION 1 STATEMENT OF COMPLIANCE 1.1 INTRODUCTION AND PURPOSE It is the intent of the Owner (Developer) to develop a well-planned, high-quality residential community supported by private recreational and clubhouse activities that complement and enhance the site's natural surroundings. The purpose of this P.U.D. document is to provide a comprehensive and flexible regulator7 framework that will encourage creative and efficient d~velopment of a high- quality residential neighborhood. 1.2 GENERAl, LOCATIO]~ ,~"EP~I~VG OAIC~ is located in northern Collier County with road frontage on both U.S. 41 and Old 41 Road. The north pwperty line of STERLING O,4KS h the CoLlier CountyfLee County line. S2ZRLING OAKS is conveniently located within one mile of regional shopping:centers axia 'within four miles of the recreational opportunities of the Gulf of Mexico. 1.3 COMPI`IANCE STATEMENT The development of approximately 248:[: acres of property in Collier County, as a Planned Unit Development to be known as ET'EP, LING OAI~ will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The residential and recreational fad]ides of · ~"/~r./~l~VG O.,I/C~ will be consistent with the growth policies, land development regulations and applicable, comprehensive planning objectives for Ibe following A. The subject property is located within the Urban Residential Land Use Designation a~ identified on the Future Land Use Map as required in Objective 1, Policies :5.1 and 5.3 of the Future Land Use Element. B. The subject property's maximum permitted density of 3 units per acre is in compliance with the Density Rating System pursuant to the following analysis: by location'in the Urban Residential land use designation area, the maximum density is 4 units per acre. Although the property is located within a designated traffic congestion area, thereby reducing maximum density to 3 units per acre, the propor~y also has access to two arterials, thereby providing a bo~us density of 1 unit per acre. No intcrconnection 1-1 with existing and future ~d]~cent projects reduces the net m~ximum dwellings units to :3 per acre. The m~imum project density proposed is 3 units per acre. C. The project development is compatible and complementary to the surrounding land uses according to policy 5.1 of the Future Land Use Element of the Collier County Growth Management Plan. D. The FLUE provides for certain industrial land uses within the Urban Designated Area under criteria (Industrial Under Criteria, page LU-I-32). The industrial section in this PUD is designed to meet those criteria. Due to the existing and proposed infrastructure, some of which is to be installed at the expense of the project developer, the project development will result in efficient and economical expansion of community facilities and services, as required in Policies 3.1 FI and 3.1 L of the Future Land Use Element. F. The project development is piann~ to incorpgr'4te existing natural systems for water management in accordance with their natural functions and capabilities as set forth by Policy 6.3 of Conservation and Coastal Element of the Growth Management Plan. O. The location of STERLI~VG O,4K3', in relation to existing and proposed community facilities and services, permits the development's residential density as required in Objective 2 of the Future Land Use Element. Additionally, the location of industrial uses in. the vicinity of this parcel justify the location o.f the proposed industrial us~ along the eastern portion of this community. H. Improvements within the STF_.RL/NC7 OAKS community are planned to be in compliance with the applicable Land Development Regulations in effect for Collier County at the time of building permit application. For more efficient utilization of facilities and to better reflect the design and marketing concept of $TERLJNC7 OAKS, some of the regulations within this document may modify appropriate provisions of the Land Development Regulations. Where these herein referenced regulations apply to the proposed development, the appropriate provisions of this document, not the Land Development Regulations, shall apply. I. Final Local Development Orders shall be subject to appropriate provisions of the Adequate Public Facililies Ordinance, as amended. 1-2 oo This Ordinance ~all be known and cited as the ".~/'ER/../NO O.4K$ Planned Unit Development Ordinance". SECTION 2. PROPERTY OWNERSHIP AND LEGAL DESCRIPTION ~. l PURPOSE The purpos¢ of this section to s~t forth the location, ownership and existing general conditions of thc site proposed for the STERLING OAKS property. 2.2 Thc subject property is currently under the ownership and unified control of Sterling Oaks Joint Venture, a Florida general partnership (the 'Owner' or "Developer"). 2.3 LEGAL DESCRIPTION Thc subject parcel, containing, 248+ acres, ii described a.s follows: °o A PARCEL OF LAND LOCATED IN' THE NORTHEAST '1/4 OF SEC1XON 9, TOWNSHIP 48 SOIYTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTHWEST CORNER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN N 03'05'38" W ALONG THE WESTERLY LINE' OF THE SOUTHWEST 1/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, FOR A DISTANCE OF 1318.42 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE ALONG THE WESTERLY LINE OF THE SOUTHWEST 1/4 OF SAID SECTION I0, FOR A DISTANCE OF 1318.39 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST I/4 OF SAID SECTION 10; THENCE RUN N 03°05'42" W ALONG THE WESTERLY LINE OF THE NORTHWEST I/4 OF SAID SECTION I0, FOR A DISTANCE OF 1318.33 FEET; THENCE RUN S 89°17'i9" W FOR A DISTANCE OF 653.46 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY LINE OF U.S. 41; THENCE 2-I 101 RUN N 02°30'07' W ALONG SAID EASTERLY RIGHT-OF- WAY LINE, FOR A DISTANCE OF 1322.50 FEET TO A POINT ON THE NORTHERLY LINE OF THE NORTHEAST t/4 OF SECTION 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST; THENCE RUN N ~9°42'36' E ALONG THE NORTHERI.Y LINE OF SAID NORTHEAST 1/4, FOR A DISTANCE OF 639.97 FEET TO THE NORTHWEST CORNER OF THE NORTH'9/EST I/4 OF SAID SEGTION I0; THENCE RUN N 89°43'35' E ALONG THE NORTHERLY LINE OF THE NORTHWEST 1/4 OF SAID SECTION I0, FOR A DISTANCE OF 2633.48 FEET TO THE NORTHEAST CORNER OF THE NORTI-PNEST 1/4 OF SAID SECTION 10; THENCE RUN S 02°06'56" E FOR A DISTANCE OF 1980.84 FEET; THENCE RUN N 89°49'41M E FOR A DISTANCE OF 470.63 FEET TO A POINT ON THE WESTERLY RIGHT-OF-WAY LINE OF U.S. 41 (OLD); THENCE RUN S 31°23'03' W ALONG SAID WESTERLY RIGHT-OF-WAY, FOR A DISTANCE OF 2323.25 FEET; THENCE RUN S 89°59'19' W FOR A DISTANCE OF 1753.80 FEET TO A POINT ON THE WESTERLy. LINE OF THE SOUTHWEST I/4 OF SAID SECTION I'0 'AND THE POINT OF BEGINNING, CONTAINING 247.89 ACRES, MORE OR LESS. BEARINGS SHOWN HEREON REFER TO AN ASSUMED BEARING OF N 03°05'42' W ALONG THE WEST LINE OF THE NORTHVMF~T I/4 OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLOR/DA. SUBJECT TO EASEMENTS, RF~TRICTIONS OR RESERVATIONS OF RECORD. 2.4 GENERAL DESCRIPTION OF PROPERTY A. This property is located within Section 9 and 10 of Township 48 South, Range 25 East, Collier County, Florida. B. The current zoning of this parcel is RMF-6, and Cypress Head PUD. 2-2 2.5 PttYSICAL DESCRIPTION The project site is located within the Cocohatchee River drainage basin. The natural drainage of the site was southwesterly through natural lowlands and sloughs to the Wiggins Bay Estuary. The natural flow patterns were disrupted by the construction of U.S. 41. The site presently drains southerly across vacant lands and along Old U.S. 41 to the northeasterly quadrant of the intersection of Old and New U.S. 41. From here, the drainage flows westerly under U.S. 41 through twin box culverts to channels WBB-00-50120 and 25 to Wiggins Pass Road, then flows through circular culverts to the easterly roadside swale along Gulf Harbor Road to miscellaneous coastal channels south of Gulf Harbor to Wiggins Pass and the Gulf of Mexico. The application for development approval includes a detailed analysis of the intended water management plan. Water management for the proposed project is planned to be the lake detention type also utilizing the large preserved area for storm water storage. Elevations within the project site range from 5.4 feet to 15.0 feet NGVD. The average elevation of the project site is approximately 10 feet NGVD. In some areas of the project site limerock was encountered at depths of 12 feet but in most cases no rock was encountered to depths of 20 feet. Soil types on the site include lmmokalee Fine Sand (40%), Boca, Riviera, Limestone Substratum and Copeland Fine Sand Depressional (33 %), Pineda and Riviera Fine Sand (10%), Basinger Fine Sand (5%), Boca Fine Sand (5%), Holopaw and Okeelanta Soil Depressional (5%) and Satellite Fine Sand (2%). Soil characteristics were derived from the soil survey of Collier County, Florida, issued by the U.S. Department of Agriculture. SECTION 3, GENERAL PROJECT DEVELOPMENT REGULATIONS It is thc intent of the project Developer to construct a single and multi-family community to meet the needs of the rapidly expanding Collier County population. This development, to be known as STERLING OAKS, will include varied amount and types of dwelling units to be determined ax the project develops and market conditions dictate, however, 738 is the maximum number of dwelling units which shall be ,allowed in STERLING OAKS. 3.2 GENERAL INFORMATION A. R¢aulatlons. Regulations for development of STERLING OAKS shall be in accordance with the appropriate provisions of the Collier County Land Development Regulations, except as modified within the contents of this document. Where this document fails to pr.qvi, de development standards, th=n the provisions of the most'-similar disti'iet identified in the Collier County Land Development Code, in effect at the time building permits are sought, shall apply. B. Definitior~. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the applicable Collier County Land Development Code in effect at the time of building permit application. C. Conditions and Restrictions. All conditions"imposed and all graphic material presented depicting restrictions for the development of STERLING OAKS shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived, or excepted by this or associated documents, the provisions of the land development code shall apply to the development of land within this PUD ax it applies to other properties in Collier County. D. Adequate Public Facilities. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions 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 applicable to this development. 3.3 PROJECT PLAN AND L. AND USE TRACTS A. General Description. This project will comprise a maximum of 738 dwelling units, including single and multi-family homes. Due to previous and existing marketing conditions, it is not possible to accurately forecast future housing needs and desires within the STERLING OAKS community. Therefore, the proposed mix of single and multifamily dwelling units can not be determined at this time. The mix, however, shall be addressed during the annual PUD monitoring report submittal. The general allocation of area for each land use is shown on the attached PUD Master Plan. B. Project Conceptual PUD Master Plan. The project Conceptual PUD Master Plan, iljustrated graphically by Exhibit 'A', shows proposed conceptual land uses for the project. Minor variations in acreage internal to the PUD and roadway alignments may be permitted at the time of PSP or SDP subject to the provisions of Section 2.7.3.5 Division 2 of the Collier County Land Development Code. Internal roadway access points axe shown on Exhibit "A," the conceptual PUD Master Plan. The number~' spacing, a~d'alignment of. these access points, internal to the STERLING OAKS community, may vary in number, spacing, and location due to design limitations imposed by various permitting agencies. The number of access points to each tract may differ from those iljustrated on the master plan as may be required due to proposed right of way widths, property setbacks, and lot layout and configuration. The spacing of the internal access points shall follow approved traffic engineering specifications. Areas iljustrated as lakes on Exhibit "Pt" shall be constructed lakes or, upon approval, parts thereof may be constructed as shallow, dry depressions for water detention purpose~. As depicted on Exhibit "A,' lakes and natural detention areas have been sited adjacent to existing planned roadways while maintaining all applicable setbacks. Such areas, lakes and dry areas, shall contain the same general acreage as shown on Exhibit "A" with the location to be determined at the time of the applicable master plan or site development plan approval; provided, however, that the lathes shall contain the acreage required by the South Florida Water Management District permitting reqt, irements. 'l'he goals of lake siting are' to achieve an overall pleasant aesthetic character for the project, to permit optimum use of the land and to increase the efficiency of the water management network. Final lake area 3-2 determination shall be in accordance with the South Florida Water Management District stormwater criteria. C. Fill Material from lakes is planned to be utilizcd within the project, however excess flit material may be utilized oft-site, subject to the provisions o£ the Collier County Land Development Code, Division 3.5. D. Land Use Schedule. The conceptual project Land Use Schedule shown on Exhibit "A' provides a table of the proposed land uses with approximate acreage indicated. C. hanges and variations of acreage may be permitted during subdivision master plan approvals at final design to accommodate market conditions, utilities, encroachments, topography, vegetation and other site conditions. Changes shall be subject to Section 2.7.3.5 of the Collier County Land Development Code. 3.4 MAXIMUM PROJECT DENSITY A max/mum of 738 residential dwelling units, single and multi-family, shall be constructed in the total project area. The residential project axes is 246__. acres. The gross project density, therefore, is approximately 3 units per acre. The density on individual parcels of land throughout the. p.r. oject may vary according to the type of housing placed on cacti- parcel of'leAd and shall .comply with guidelines established in this document and the Collier County Land Development Code. 3.5 MONITORING REPORT. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. · 3.6 ASSOCIATION OF PROPERTY QWNERS 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 sub.~equent 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 include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of Section 2.2.20 of the Collier County Land Development Code. 3.7 SUNSET PROVISION STERLING OAKS shall be subject to the Sunset Provisions of Division 2.0 Section 2.7.3.4 of the Collier County Land Development Code. SECTION 4. RESIDENTIAL LAND USE REGULATIONS 4.1 PURPOSE AND INTENT Thc purpose of this Section is to set forth the development regulations which shall apply to thc residential development within thc STERLING OAKS Planned Unit Development. 4.2 GENERAL DESCRIPTION Residential areas are designated as "R" on Exhibit "A" and are designed to accommodate a full range of residential uses, including dwelling units, essential service:s, customary accessory uses, including recreational facilities, and compatible land uses. Approximate acreage of all residential tracts has been indicated on Exhibit in order to indicate relative configuration of the residential uses. These acreages are bat, ed on conceptual designs and are. to be considered approximate. 4.3 RESI])ENTIAL DENSITIES AND LAND USES The total number of dwelling units permitted in the PUD may not exceed 738. The approximate acreage and location of residential tracts is identified on Exhibit 'A." The aciual acreage, location and configuration of development tracts will be identified by the developer at subdivision or site development plan approval, whichever is applicable, along with the assignment of permissible single or multi- family land use densities. PERaMI'I'ff'ED 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 thc following: A. permitted Principal Uses and Structur¢~: t) Detached single family, units. 4-1 2) Zero (Z) lotline detached single family units. 3) Attached single family units. 4) Multi-family dwelling units. 5) Group care facility as defined in Division 6.3 of the Collier County Land Development Code (including adult congregate living facility, rest homes, homes for the aged, adult foster homes, nursing homes, and associated food service, medical service and personal service~); provided that Group Care Facility is restricted to Tract A in the northernmost quadrant of the PUD as set forth on Exhibit "A". 6) Recreational vehicle parking and storage facility. Said facility shall be for the exclusive use of residents of Sterling Oaks and shall be identified prior to the approval of any Preliminary Subdivision Plat or Site Development Plans in any tract. B. Permitted Accessory_ Uses and Structure~; -.--- :- 1) Recreational facilities serving the residential neighborhoods within the PUD, including without limitation private clubhouses (with food service), docks, piers, pools and other recreational facilities, and similar uses intended exclusively to serve residents of the residential neighborhoods and their guests. 2) Public and private parks, playgrounds, recreational structures, community buildings and commonly owned open space. 3) Pedestrian and bicycle paths or other similar facilities. 4) Manager's residence and offices. 5) Water management facilities, interim wastewater treatment facilities and essential services. 6) Model homes .and apartments. 7) Guardhouses. · 8) Signs in accordance with Section IX of this ordinance, where applicable, or the Collier County Land Development Code. 9) Maintenance, storage and utility buildings and facilities. 10) Sales offices for the sales of properties within the STERLING OAKS community. ll) Customary accessory use and structures. 12) Any other uses deemed compatible by the Development Services Director in his reasonable discretion in accordance with sound planning principles and permitted in most similar districts established by the land development code. 4.5 DEVELOPMENT REGULATIONS Table I of this section shall generally govern the development of parcels within the STERLING OAKS community. There are specific provisions listed below that shall supersede the items set forth in Table I. A. ~,.ib~cks to Preserv~. The permitting of this community by the South Florida Water Management District has included a twenty five (25') foot buffer within the boundary of the preserve area. As a result, the setback to the preserve tract includes the twenty-five (25') foot buffer as required by the Collier County Land Development Regulations and no setback for all structures to the preserve line shall be required by Collier County. B. Recreation Areas. The setbacks for recreation principal and accessory structures shall be fifteen feet. The setback area between structures and tract boundaries is to be appropriately landscaped and maintained to act as a buffer to adjacent land uses. C. Common Architectural Themes. All setbacks referenced within this document may be reduced upon demonstration of a common architectural theme, provided that all of the following design features are incorporated into the project. 1) The architectural 'style of all of the dwelling units/structures shall be similar in design and in the use of materials and color. 2) The residential project shall have a signature entranceway that serve to identify an entryway to a unified plan of development. The entranceway design and improvement elements shall include some or all of the following: the use of l~dscape materials, gated structure, water features, sculpture and ornamental pavement surfaces. 3) A landscape theme throughout the entire project that enhances the unified appearance of the entire project. 4) Street materials, signage, lighting shall be complimentary and the same throughout the project's accessways. At the time of application pursuant to Division 3.3 of the Land Development Code, the applicant shall submit plans and specifications which describe in detail all of the development futures which qualify the project as a Common Architectural Theme project. The Development Services Director may approve, disapprove or advise which modification would be necessary to qualify the project.~..a Common Architectural Theme Project. : "' D. Upon commencement of a housing type upon a tract of land as either a single or multiple family housing type, lhe development of that tract in a similar density and structure type shall be maintained. E. Parldng and landscaping shall be according to the Collier County Land Development Code. F. Integrated phase developments shall be allowed according to 3.2.4.4 in the Collie? County Land Development Code. 4.6 MODEL ItOMF,,S AND SALES FACILITIES Model homes/model home centers including sales centers shall be permitted according to Section 2.6.33 of the Collier County Land Development Code. 110 DEVELOPMENT .rjTANDARDS Perm'ilted Use Detached Zero (Z) lotline Attached Multi Gro,p Standards single detached single single family family Care qinimum Site Area (,itt square ft) 6000 JO00' ISO0'tn~ I acre I acrr Site W~dth Minimum Av~. (I) 60' 35' 20' 150' 150' Site Det~th Minimum ,4 v,~. f21 75' 75' 60' NA NA Front Yard Setback IO'FO l O ' t7~ l O ' tT~ NA Side Yard $etb. qck~.t] 7.5' O' O' or 7..5 '~9) NA PlA Tract Ll,'~e Setback.! NA tVA NA Sterling Oak~ Perimeter Boundary Set back NA NA NA .15 'fl 2~ 35 'ti 2J Lake Se,tbackl41 O' O' O' O' O' Preserve Setback6) O' O' O' O' O' Rear Yard Setback ?rin,ci?al(~) 15' 12' ' "1 ~' Nd NA Rear Yard Setback Accessor'.vt6) .5' Max. Building Itt stories above 4 stories mean flood level, 2 storle~ ~' stori~ $ ,~tories 50'ti$1 fl,t) Distance between Principal Structure~ 15 10 1/2 sum of NA 1/2 sum of hei~thtstlOl heifhtstlO~ Floor Area Minimum sq. fi. per ~ 800 800 600 600 PlA (1) Site width average .~hall be determined by averaging the front and rear lot line length~ (tangent or arc length}. (2} Site depth average shall be determined by dividing the site area by .rite width average. (J} See F, Jhibit 'B. ' (4) Provided lake il bulk3eaded per Collier County Land Development regulaliot~. (5) See Section 4..~A and 10. IF herein. (6} Not on lake or' preserve. (7} Outdoor clear parking shall be adequate to park an automobile, minimum 20feet. (8} Minimum ,rite ,area required per dwelling unit in the event of fee Mmple conveyance. (9) End units .thall have a minimum required Mdeyard of: ZS feet for one story buildings, lO feet for two stoO, buildings, lS feet for three story buildings. (lOJ Mealured from walls closest to adjacent buildings. The height ls detertnit~ed by n ea.ruring from fiuished first Jloor to menn roof height e~cludlng coupalaz and other decorative roof ornaments. (11} Trna line setback, r between multi-family and group care facility shall be 35 fect or half the sum of the building hei,~:ht$ whichever i.~ less. (12} Along the northern perimeter, the setback may be 20feet. (1-1} Tracl$ B, C, £~ are limited to three stories. (14) Group care facilitles are limited to Tract A. SECTION 5. RECREATION 5. I pUAiX)SE AND INTF~t~T The purpose of this Section is to set forth the development plan and development standards for the Tract "H" Recreation Area a.nd all other recreational facilities permitted within this PUD. The primary function and purpose of these uses will be to provide aesthetically pleasing open areas and recreational facilities. 5.2 PERMI~ED USES AND STRUCTURF~ - No building or structure, or part thereof, shall be erected, altered or used, or la.nd used, in whole or in part, for other than the following: A. permitted Principal Uses and Structures: 1) Ped~trian and bicycle paths or other, similar facilities constructed for proposed access to or: passage th'~o~gh the recreation area. 2) Shuffleboard courts, basketball courts, racquetball courts, tennis courts, swimming pools, boardwalk, children's playground areas and other types of facilities intended for outdoor recreation. 3) Clubhouse or other recreational facilities, including without limitation private clubs, private restaurants and lounges, gift shops, · day care centers, and other uses intefided exclusively to serve residents, members, and their guests. These private facilities may provide a full range of clubhouse concierge services and activities. 4) Sales center, signs and temporary construction offices in accordance with this ordinance. 5) Water management facilities and lakes. 6) Temporary sanitary sewage facilities. 7) Parking lots. 8) A polling place shall be located within the common facilities of the STERLING OAKS community, should it be requested by the Supervisor of Elections. Should the Supervisor of Elections r~uire the above referenced polling place, it shall be restricted to residents of the STERLING OAKS community. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners associations, or tenants associations, shall provide for said community recreation/public building/public room or similar common facility to he used for a polling place if determined to be necessary by the Supervisor of Elections. 9) Any other uses deemed compatible by the Director of Planning Services in his reasonable discretion in accordance with sound planning principles and permitted in most similar districts established by the land development code. B. Permitted Accessory_ Uses and Structures: 1) Customary accessory uses and structures. 2) Signs in accordance with Section IX of this ordinance and if specific guidelines are not .set forth within, the appropriate provisions of the Land Development Code shall apply. 3) Recreational facilities, including without limitation docks, piers or other such facilities constructed for purposes of recreation for · residents of the project. 4) Maintenance, storage and utility buildings and facilities. 5) Any other uses deemed compatible by the Development Services Director in his reasonable discretion in accordance with sound planning principles and permitted in most similar districts established by the Collier County Land Development Code. 5.3 DF~VELOPMENT REGULATIQNS A. $i[¢ Design. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and the location and treatment of buffer areas. B. Setbacks. Buildings and recreational uses within Tract "H" shall be setback a minimum of fifty (50) feet abutting residential tracts or lots. Accessory recreational uses within residential tracts shall be setback a minimum of fifteen feet. Within any recreational area, the setback area between structures and tract boundaries is to be appropriately landscaped and maintained per the Collier County Land Development Code to act as a buffer to adjacent land uses. All structures shall meet lake setback requirements in effect at the time of building permit application. Buildings shall be setback a minimum of twenty feet (20') from road rights-of-way and perimeter (PUD boundary) property line. C. Maximum Height: 1) Principal Structure - Forty (40) feet above parking. 2) Accessory Structure - Twenty (20) feet above parking. The height is determined by measuring finished first floor to mean roof height excluding coupulas and other decorative roof ornaments. D. Parking: I) Clubhouse: One (1) space per 200 square feet 2) Recreation Facilities: Three (3) spaces per court plus other Tennis, racquetball, uses as required handball and basketball court 3) Swimming Pool: One (1) space per 75 square feet of water areas for the first 1,000 square feet and one (l) for each additional 125 square feet of water area All landscaping within this tract shall be in accordance with the Collier County Land Development Regulations in effect at the time of building permit application except where amended herein. 5-4 SECTION 6. LAKES AND PRESERVES 6.1 PURPOSE The purpose of this Section is to provide for lakes and preserves which will be aesthetically pleasing to the residents. Lakes, preserves and common areas may be found throughout the STERLING OAKS community. 6.2 USES PERMITTED All applications for uses listed below shall be reviewed ,and, if acceptable, permitted by the relevant review agencies and no building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Use~: 1) Passive recreation areas, including boardwalks and observation areas for enjoyment of the 'natural preserve areas subject to approval by Development Services D.~'~tor for Statutory Preserve 2) Docks, piers, boardwalks, observation towers, canoe ramps or other such facilities constructed for purposes of lake and wetland recreation for residents of the project. Subject to approval by appropriate permitting agencies. 3) Water management facilities and lakes,. 4) Any other uses deemed compatible by the Development Services Director in his reasonable discretion in application of sound planning principles and permitted in most simil~ districts established by the Collier County Land Development Code. B. Accessory. Uses: 1) Docks, enclosures or other structures constructed for purposes of maintenance, .storage, recreation or shelter with appropriate screening and landscaping. 2) Any other uses deemed compatible by the Development Services Director in his reasonable discretion in application of sound planning principles and permitted in most similar districts established by the Collier County Land Development Code. 6.3 SIGNS All signs shall comply with the Collier County Land Development Code, Division 2.5, at the time of approval of any subsequent final development order. 6.4 LANDSCAPINCa All landscaping shall comply with the Collier County Land Development Code, Division 2.4, at the time of approval of any subsequent final development order. 6-2 SECTION 7. INDUSTRIAL 7.1 pURPOSE AND INTENT The purpose and intent of this Industrial Section is to provide lands for light manufacturing, processing, storage and warehousing, wholesaling and distribution. 7.2 PERMI'VI'ED USES AND STRUCTURES The following uses, as identified within thc Standard Industrial Classification Manual are permitted as of right, or as uses accessory to permitted uses, in the Industrial Tract (0 as shown on Exhibit "A". A. Permitted Princival Uses and 5trvctt:res: 1) Corporate headquarters. 2) Laboratories. .. '.::' 3) Light manufacturing, processing and packaging; 4) Medical laboratories, clinics, treatment facilities and research and rehabilitative centers. 5) . Printing, lithographing and publishing. 6) Technological research, design and product development. B. Permitted Accessory_ Uses and Structures: 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Recreational facilities such as a health spa, handball courts and golf courses, or other similar recreational activities. 3) Restaurants, or offices available for use by employees of businesses located within the permitted and accessory use buildings. 4) Child Care Centers. 118 5) Wholesale and storage as accessory to the principal use. 6) Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than 20% of the gross floor area of the permitted principal structure. 7.3 DIMENSIONAL STAI',rD P~RD~; The following dimensional standards shall apply to all permitted and accessory uses in the Industrial Section. A. Minimum Yard Requirements. 1) Site Area. One (1) acre. 2) Site Width. One hundred-fifty feet (150'). 3) Front Yard. Fifty feet (50'). 4) Side Yard. Twenty feet (20'). 5) Rear Yard. Fifty feet (50'). 6) Yard abuttin~ residential ~arcel. Fif~:t'eet (50'). 7) Yard abutting _r>owerline right-of-way. Zero feet (0'). B. Maximum Height of Structures.. Fifty feet (50') except when abutting residential zoned property, then thirty-five feet (35'). C. Distance between Structures. Fifteen feet (15') or half the sum of height of the building whichever is greater. D. S~cial Conditions: This industrial section shall comply with subsection 2.2.20.3.13. of the Collier County Land Development Code. 7.4 PARKING All parking shall comply with Collier County Land Development Code, Division 2.3, at the time of approval of any subsequent final development order. 7.5 SIGNS All signs shall comply with the Collier County Land Development Code, Division 2.5, at the time of approval of any subsequent final development order. 7.6 ~NDSCAPING All landscaping shall comply with the Collier County Lm~d Development Code, Division 2.4, at the time of approval of any subsequent final development order. 7-3 SECTION 8. DEVELOPMENT COMMITMENTS 8.1 pURPOSE The purpose or' this section is to outline the development commitments required of the Project Developer in the construction of the STERLING OAKS Planned Unit Development. ~ All development within the STERLING OAKS community shall be done in accordance with the Collier County Land Development Code except where exempted within this document. Except where stated otherwise in this PUD, the Collier County Land Development Code shall apply to this project.. The developer, his successor and assigns, shall be responsible for the commitments gutlined in the document. The developer, his successor or assigns, shall agree to follow 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. 8.3 PUD MASTER PLAN Exhibit "A", the STERLING OAKS Master Plan represents the proposex:l development and is coneelStual in nature. Proposed tract, lot or internal land use boundaries shall not be construed to be final and may be varied as any subsequent approval phase as may be executed by final site development plan or final subdivision plat. Minor site alterations may be permitted subject to planning staff and administrative approval pursuant to Section 2.7.3.5. of the Collier County I.and Development Code. 8-1 All necessary easements shall be granted, either to Collier County, private homeowners association, development district, etc., to insure the continued operation and maintenance of all service utilities and common areas throughout the STERLING OAKS community. 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. 8.4 OTIt ER PROVISIONS The STERLING OAKS community is expected to commence construction within twelve months of approval of this Ordinance. Projected buildout of this community, based on current market conditions, is approximately eleven years. The primary recreational facilities are expected to be constructed no later than three years from the date of completion of the initial one hundred homes, however, temporary recreational facilities, including tennis courts, are expected to be installed within the initial twelve months of the approval of this document. The annual Planned Unit Development Report shall be submitted as required by Collier County Land Development Code. This report shall be consistent with the . oo Collier County Land Development Code, Section 227;3.6. The STERLING OAKS community is subject to the Sunset Provision in paragraph 3.7 herein. 8.5 DESIGN MODIFICATIONS The preparation of all preliminary and final subdivision plats will be in compliance with the Collier County Land Development Code. It should be noted, however, that design modifications to the provisions of the Collier County Land Development Code shall be requested at the time of submittal of preliminary subdivision plats. Nothing within the document shall prohibit Development Services Director from granting these requested modifications, should they meet with sound engineering and planning practice. 8.6 TRANSPORTATION REOUIREMENTS Work within Collier County fight-of-way shall meet the requirements of Collier County fight-of-way ordinance 82-91. Work within U.S. 41 right-of-way shai[ meet the requirements of the Florida Department of Transportation. 8-7. 122 l) Turn Lancs; Final approval of the work done within U.S. 41 fight-of-way and the adequacy of the turn lanes will be determined by the Florida Department of Transportation. 2) Street Liehts: The developer shall install and maintain arterial level street lighting at both project accesses (Old 41 and New U.S. 41). 3) Traffic Control Devices: The developer shall provide a fair share contribution toward the capital cost of traffic s!~n:,Js at any project entrance. Traffic signals shall be owned, operated and maintained by Collier County. The Developer shall be responsible for the payment of impact fees in accordance with Ordinance 92-22. .. The PUD Document has language for the fair-share payment toward signalization at any project entrance. This should be interpreted to mean that these costa are not eligible for impact fee credits as they are site-related. In addition, any costa associated with signing, striping, strain pole replacement (including additional right-of-way from the developer), adjustment to existing turn lane, and similar expenses are all considered part of the fair-share contribution. All traffic control devices used, excluding street name signs, shall genera.lly conform with the MANUAL ON UN]FORM CONTROL 316.0747. FLORIDA STATU"IT:.S]. 8.7 ENGINEERING AND UTILITIES REOUIREMENTS 1) Engineering a. Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review. Construction permits shall be issued only .upon approval by Project Review Services of the proposed construction in accordance with submitted plans. 8-3 b. Easements for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural, vegetation. c. A preliminary subdivision plat shall be submitted which complies with all the design standards of Division 3.2 of the Collier County Land Development Code unless, in accordance with the Collier County Land Development Code, specific exceptions to the design standards are requested and supported by sound engineering reasoning during its approval process. d. Access into each tract as shown on PUD Master Plan is informational only. Location and number of access points are subject to preliminary subdivision plat or site development plan ' 2) Utilities a. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the County prior to commencement of construction. b. Water distribution, sewage collection and transmission and interim water and/et: sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. c. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's off-site sewer facilities are available to serve the project. d. It is anticipated that the County Utilities Division will ultimately treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater at the time development commences, the Developer, at his expense will install and operate interim sewage treatment and disposal facilities adequate Io meet all requirements of Ihe appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, ax amended. e. Water Facilities Looping and Stubs: The on-site water distribution system to serve the project must be connected to the District's 16 inch water main on the west side of U.S. 41 consistent with the main sizing, requirements specified in the. County's Water Ma.~r Plan a~d'extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: i) Dead end mains shall be eliminated by looping the internal pipeline network. ii) Stubs for future system interconnection with adjacent properties shall be provided t6 the east and the south property lines of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the project. f. Sewer system connection when interim sewage treatment plant utilized: The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the Old U.S. 41 rights-of-way. The force main must be extended from the main on-site pump station to.the west rights-of-way line of Old U.S. 41 and capped. It must be interconnected to the pump station with 8-5 appropriately located valves to permit for simple rcd~rection of the project's sewage when connection to the County's central sewer facilities becomes available. g. Public Service Commission Service Territories: Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, Florida Statutes, that the Florida ?ublic 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. h. Off-site Utilities Improvements: i) !,rater The existing off-site water facilities of the District m,st be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent wi~h the County's Water Master Plan to insure that the Di~ttict's water system can hydraulically provide a sufficient quantity of water to meet the anticipated Cemands of the project and the District's existing committed capacity. ii) Sewer' The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundaxy to provide adequate capacity to transport the addit/onal wastewater generated..without adverse impact to the existing transmission facilities. i. Solid Waste Disposal Arrangements and agreements shall be made with an appropriate service provider to provide the solid waste collection service to the STERLING OAKS project area. j. Other Utilities Telephone, electric power and TV cable service shall be made available and all such utility lines shall be installed underground. SECTION 9. SUPPLEMENTAL DEVELOPMENT REGULATIONS 9.1 PURPOSE The purpose of this section is to set forth supplemental regulations governing the development of all tracts within the STERLING OAKS community. While the Collier County Land Development Regulations are acknowledged herein, there are some modifications to those Regulations that are required due to the unique components proposed within the STERLING OAKS community. Where there are circumstances not addressed by the following provisions, the most relevant provision of the Collier County Land Development Code, in effect at the time of building permit application, shall apply. 9.2 GENERAL REGULATIONS A. Buffer Areas. The PUD shall be buffered f0r..the protection of property owners from surrounding land u~es. Ail re2l'ui}ed landscape buffer areas shall be designed and constructed in compliance with land development regulations in effect at the time of building permit application, except as modified herein. Buffers adjacent to protected/preserve and/or conservation buffer areas shall conform to the requirements established by the agency requiring such buffer. Buffers may overlay easements, existing or proposed, subject to approval of the Grantee(s) of the easements. However, under no circumstances shall buildings or structures occupy the buffer area. B. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. Parking and driveways may be allowed in the easement areas. All such easements shall be properly identified on the preliminary subdivision plat and dedicated on the final subdivision plat. C. Plantings. Trees and Grass. All rights-of-way and easements for streets, avenues, roads, drives and the like shall be planted with trees, grass or other suitable vegetation in accordance with the specifications, limitations, procedures, types and intervals set forth in the Collier County Land Development Code, and/or as modified herein. All unpaved areas within fights-of-way shall be stabilized by seed or sodding of cultivated grass species suitable to the area. The sodding of a one toot (I') wide strip along the back of curb or edge of pavement shall be mandatory for all roadway construction. D. Preservation Standards The 25% preservation requirement shall be for lhe entire 248 + acre PUD. Individual tracts may contain less than the 25% requirement but the sum total of the PUD will equal or exceed the 25 % requirement. E. Qpen Space Standards The 60% open space requirement shall be for the entire 248 + acre PUD. Individual tracts may contain less than the 60% requirement but the sum total of the PUD will equal or exceed the 60% requirement. F. Habitat Protection The approved preserve/conservation area sllklf'meet all habitat protection requirements in effect at the time of building permit submittal. G. ~ Imndscape requirements for the Sterling Oaks PUD shall be in conformance with Collier County Land Development Code, Division 2.4, at the time of approval of any subsequent final, development order. H. Streets Adjoining or proposed adjoining street systems. The arrangement of streets within the PUD does not provide for continuation or interconnecfion to and from adjoining properties. I. Water Managem~gI Storm Water OulfiOls. Storm water runoff shall be conducted to positive outfalls that can be legally and permanently maintained. Ouffall will be the Old U.S. 41 right-of-way with bleeders to off-site preserve areas if required by any governmental agency. 9-2 soo, 057 .128 Should the South Florida Water Management District, or any other agency, during its review process, require significant changes to be made to the site plan or drainage facilities, Collier County reserves the right to re-review this petition and if necessary, have the petition heard again by the Environmental Advisory Board. The Petitioner shall demonstrate that the outfail route has the capacity to handle the discharge from this project and others up and downstream for the total distance to the Cocohatchee River/Wiggins Bay estuary. The Petitioner shall also demonstrate that this project has legal means to use this outfall route aa well aa the routes ownership and maintenance responsibilities. Any necessary improvements to the downstream outfall route, to the U.S. 41 boxes, shall be constructed by the applicant. All sites within the industrial area shall conform to the South Florida Water Management District rules for pre-treatment or' industrial projects. Signs. Except aa specifically set forth in this document, all signs constructed within STERLING OAKS' shall be in compliance with the Collier County Land Developmen. t Code, Divi~on 2.5, at the time of final plat or SDP approval. 9-3 SECTION 10. ENVIRONMENTAL I~QUIREMENTS 10. i PURPOSE The purpose of this section is to outline the environmental requirements of the Project Developer as set forth by Collier County during the rezoning review process. A. The project developer shall be subject to all environmental ordinances in effect at the time of building permit application. B. The project developer shall acquire all relevant environmental permits. C. Layout of the design of the development shall be adjusted to comply with the requirements of the ACOE and SFWMD. D. As part of the initial final plat approval, a conservation easement similar to or as per Florida Statutes Section 704.06;-shall be recorded on all preserves and mitigation areas. E. In addition to the mitigation requirements for wetland encroachment indicated in the plan of record (ElS dated 6/18192), prior to construction pla. n/plat approval, a donation of at least $53,370.00 shall be accepted by the CREW Trust. Unless additional on-site or off-site mitigation is approved by South Florida Water Management District and Collier County to satisfy the mitigation requirements. ~ F. PUD language is consistent with the Collier County Land Development Code Section 3.2 and thc PUD shall be revised to require that thc final plat iljustrate the preserve boundary line and setbacks as established by the State and Federal agencies having jurisdiction. 40796 ! 0/6/92 130 STERLING OAKS ;,,-,, .... "i CONCEPTUAL PUD MASTER PLAN L;. ' ' :::::~:~:~:~:~:~:, " .... . ~.~ . . . STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, 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. 92-79 which was adopted by the Board of County Commissioners on the 20th day of October, 1992, durinG Regular Session. WITNESS my hand and the official ~eal of'~e Board of County Commissioners of Collier County, Florida, this 2?th day of October, 1992. JAMES C. GILES Clerk of Courts and Clerk Ex-officio to Board of ¥...J ;'~,, County Commissioners ,'. ~ >., B~: /~/Maureen Kenyon :' Deputy Clerk .'. . ~ :'.'! .~. ;