Loading...
Ordinance 91-044 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS ~4AP NL~MBERS 46-29-9 AND 47-29-3; BY CHANGING THE ZONING CLASSIFICATIONS OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-1MH AND A-2M/q TO "PUD" PLANNED ~rNIT DEVELOPMENT KNOWN AS A~RROW~FJkD PUD, FOR 900 RESIDENTIAL DWELLING UNITS AND 15 ACRES OF COM~ERCIAL USES FOR PROPERTY LOCATED IN THE SOUTHWEST QUADRANT OF THE INTERSECTION OF LAKE TRAFFORD kOAD AND THE PLANNED EXTENSION OF CARSON ROAD IN IMMOKALEE, LOCATED IN SEC'i'ION 31, TOWNSHIP 46 SOUTH, R/LNGE 29 EAST, AND SECTION 6. TOWNSHIP 47 SOUTH, RANGE 29 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 307_+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Carl F. Reich of Smally, Wellford and Nalven, Inc., representing James E. Williams, Jr. and Diane Williams, petitioned the Board of County Commissioners to change the zoning classifications of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: The Zoning Classifications of the herein described real property located in Section 31, Township 46 South, Range 29 East and Section 6, Township 47 South, Range 29 East, Collier County, Florida, are changed from A-1M~ and A-2MH to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Numbers 46-29-9 and 47-29-3, as described in Ordinance Number 82-2, are hereby amended accordingly. SECTION TWO.' This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. 79 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this 28~h day of May , 1991. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .~JAMES C OI~.$,~'CLEP~3 :'2 ;'"pA3E~-C~.A. ANNE GOO6N~GHT, C~AIRMAN · -%'i ' .i'.z-- ' . MARJOR~E M~ . STUD~qZ ..... KS$ISTANT ~Y ~%TT~RNk"f ..... . ' l R-90-6 PUD 'ORDINANCE ........ nb/2689 This ordlnonce filed with the - .. ond ockr~'f~dgement.of that fl, J~ receh, od thj~l~_ d~¥ · -: -?-: ..... ~..:. .:;::,.-.- :t: '..?: - ~ .. -2- ARROWHEAD PLANNED UNIT DEVELOPMENT IMMOKALEE, FLORIDA THE PUD DOCUMENT EXHIBIT "A " ..... PETITION TO REZONE 307.44 +/- ACq~ES FROM A3d4H AND A2MH T~D PUD DEVELOPM]KNT TO BE K~OWN AS ARROWHEAD A PLANNED UNIT DEVELOPMENT PETITIO. NER JAMES E. WIT3.TA]4S, JR. & DIANE W~T.T.TA~ LEAD CONSULTANT · KALLX, WZI~LFC;KD & KAL'/Z~, I~C. 133 SOUth McInto~h Road Sarasota, FL 34232 (813) 371-3690 ..................... C ONSULTA/TI'S ........ MESIMER, FATJJ~R A/~ ASSOCIATES, INC. 555 North Reo Street Tampa, Florida 32609 (813) 287-5136 TODD T. TURRELL, P.E. MAR/]TE, ENVIRO}LM~2F~AL & COASTAL ENGINEERING 3584 Exchange Avenue, Suite A Naples, Florida 33942 (813) 643-0166 RICHARD W. B~S ASSOCIATES INC. Pf~bFNERS, ECONOMISTS, APPRAISEI~S HARY ANNE G. BOWIE ASSOCIATES, INC. URBAN PLANNERS 1055 S. Tamiami Trail Suite 208 Sarasota, Florida 34236 .' (813) 954-7553 .. (813) 951-0009 SUI~IT~ED: NO1rfD{BER 27, 1989 REVISED: MAY 28, 1991 CCPC A]PPROVAL DATE: AP}AIL 18, 1991 BCC APPROVAL DATE: MAY 28, 1991 ORDINANCE NO: '91-44 THE PUD~ ~Table of Contents SECTION ~ PAGE I Property Ownership and Description 1 II Project Development 6 III Low Density Single Family and Mobile Home 10 Rmmidential Development IV Low Density Multi-Family Residential 12 Development V Common/Recreation Areas 14 VI Conservation Areas 16 VII Preservation Areas 17 VIII Commercial Area 18 IX Development Commitments 24 X Maps/Legal Description 32 L~gal Description Map i. 'Master Plan Map 2. Tract Boundaries Map 3. Conceptual Drainage Plan Map 4. Aerial Photograph Map 5. Jurisdictional Wetland Limits Map 6. Phase Plan Map 7. Vicinity Map Map 8. Public Facilities Map SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to set forth the location and ownership 'of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Arrowhead -PUD. The subject property being approximately 307.44 acres, is described on the following pages and is iljustrated on MaD 1. 1.3. PROPER~"f OWneRSHIP The subject property is currently under the ownership of James E. Williams, Jr., and Diane Williams, 1300 North 15th St., Immokalee, Florida 33934. 1.4 ~ENERAL DESCRIPTION OF PROPERTY.AREA The subject property lies in the southwest quadrant of the intersection of Lake Trafford Road and the planned extension of Carson Road, Immokalee, Florida. It is located in Section 31, Township 46 South, Range 29 East, and Section 6, Township 47 South, Range 29 East. 1.5 PHYSICAL DESCRIPTION Existing site is utilized for cattle grazing and is punctuated with natural cypress and water features which will be preserved and conserved as part of the PUD development. 1,6 PROJECT DESCRIP_~ION As an overview, Arrowhead is to be a +/- 307.44 acre, 900 ~nit moderately priced, readily definable neighborhcod. A variety of housing types, ranging from single family dwellings and mobile homes to multi-family housing, is planned. The overall project will include recreational facilities and commercial uses. This development will also incorporate natural features. 1 . 7 STATEMENT OF COMPLI~qE WITH THE COLLIER COUNTY GROWTH MANAGEMENT PLAN Planning Sez-vices staff reviewed this request for consistency with the Immokalee Master Plan Element of the Collier C~u~ty Growth Management Plan and provided the following analysis: The subject property is located within the Low Residential and Neighborhood Center Subdistricts as shown on th~ Immokalee Future Land Use Map. Since the project consists of approximately 307 aQres., the Petitioner also requested commercial land uses based on the criteria for commercial development within a Planned Unit Development (PUD). Low'Residential and Ne~k~hborhood Center ~ Residential dwellings shall be limited to single-family structures, and duplexes and multi-family dwellings provided they are within a PUD. Mobile home developments shall be permitted in the for~ of mobile home subdivisions or parks as defined by the Collier County Zoning Ordinance. A density less than or equal to four (4) dwelling units per gross acre is permitted within the Low Residential Subdistrict. Furthermore, a density less than or equal to 12 dwelling units per gross acre is permitted within the Neighborhood Center Subdistrict. R-90-6: The project is proposed for 900 residential dwelling units, consisting of 276 single-family housing units, 300 mobile homes,.and 324 multi-family housing units. The residential portion of the project consists of approximately 292.44 acres. The density for the residential portion of the project equals three (3) dwelling_units per gross acre. Therefore, the residential portion of the project is consistent with the Immokalee Master Plan Element of the Collier County Growth Management Plan. Commercial Development within a PUD C'ri~ Commercial development shall be permitted within a Category III PUD provided the following size and development criteria are met: Standard: Size of greater than 300 acres. R-90-~: Approximately 307.44 acres. Standard: Maximum Commercial Acreage of 20 acres. R-90-6: 15 acres. ~l~ard: Permitted Zoning of C-2, C-3, and C-4. R-90-6: C-4. ~,dditional Criterl~L ~ ~tandard: Commercial zoning shall be no closer than one mile to the nearest commerce center and no closer than "'~' one mile f~m th~-nearest PUd commercial zoning of · ~ 10 acres or greater in-size; ~%-90-6: The commercial parcel is greater than one mile from · the nearest commerce center (as shown on the I~okalee Future Land Use Map) and greater than one mile from the nearest PUD commercial zoning of 10 acres or greater in size (Heritage PUD). ~;tanda~d: The configuration of the commercial parcel shall have no more frontage than depth unless otherwise '~~~ ' authorized by the Board of County Commissioners; ~-90-6: The commercial parcel is rectangular in shape with approximately 880 feet of frontag~ on Lake Trafford Road and approximately 750.feet of frontage on the future right-of-way of the Carson Road Extension. Since the only deviation to the rectangular shape of the parcel is a "slant" of the future right-of- ''-" = way of the carson Road Extension to the northeast, staff recommended that this criterion be approved. The Board of County Commissioners concurred with the staff recommendation. ~Ddard: Commercial zoning or development shall be no closer " than one-half (1/2) mile from the nearest elementary ' school within a Neighborhood Center; ~{'90-6~'... ' ' As a ~esult of staff interpretation, the commercial ....... parcel'is consistent with this criterion. At issue is the appropriate location from which to measure the required one-half (1/2) mile separation between ......... commercial, and an elementary school. One way to measure the distance would be from one property boundary to another. Using this technique, the distance between Lake Trafford Elementary School and the commercial parcel would be approximately 2000 feet, which does not meet the distance requirements of this designation. However, if the measurements are taken from the center of the : driveway of each property rather than from the property boundary, then the distance between the two : uses would measure approximately 2770 feet, which meets the distance criterion of the PUD Commercial Designation. 3 The Neighborhood Center designated around Lake Trafford Elementary School is approximately 80 acres in size, half of which is located on the property of the PUD. Due to the size of this particular Neighborhood Center and the distance requirements (1/4 mile) between schools and commercial within a Neighborhood Center, no commercial will be permitted within this Center. Considering the availability for commercial develoDment within the area in question, staff believes that it would be more appropriate to measure the distanc8 from the center of the driveway of the school to the center of the driveway of the coi~ercia! parcel rather than from one property boundary to another. Therefore, the commercial parcel is consistent with this criterion. ~;tan~ard: No construction in the commercial designated area shall be allowed until 30% of the project has conunenced construction unless otherwise authorized by the Board of County Commissioners; )~-90-6: The developer requested that the Board of County Commissioners authorize the development of the commercial Tract "D" to commence at the inception of this project. The developer provided the following Justification for modification of this criterion: 1) There is a definite need for more quality commercial 'space to serve the community of Immokalee. At the present time, there is only one .......... full-service supermarket in Immokalee. The strong need to provide alternative shopping facilities is apparent. 2) Traffic flow to the existing commercial center of Immokalee for shopping trips would be reduced for the residents of A~4rowhead as well as from the eastern portion of Immokalee. 3) The commercial area can provide needed day care facilities or other health and human services. 4) HUD 202 housing, which is being considered for the project, requires that commercial and medical facilities be within welkin9 distance. Should the petitioner opt for this type of market, the presence of a commercial facility would be a necessity and would allow this type of residential development to occ%lr. 5) Pedestrian connections are contemplated to the commercial from the residential segments, thereby reducing the amount of shopping trips from Immokalee traffic patterns. 6) Constructing the commercial facilities at the project's inception would greatly promote the marketability of the overall project and provide a neighborhood-type atmosphere to all of the residential components that would become part of the AI'rowhead PUD. Ba~aed on the aforementioned justification provided .by the developer, staff recommended that construction in the commercial designated area (known as Tract "D") be allowed to commence at the inception of this project subject to the following criteria: Development of Tract "D" shall be phased to correspond to the number of dwelling units as obtained through Site Development Plan Review " Approval or other applicable approval. The maximum allowable square footage of gross leasable area is 130,680 sq. ft. There will be a total of two (2) phases with up to 65,340 square feet of gross leasable area per phase. The first phase can be developed in smaller segments over time. The timing of the second phase will depend on market conditions and will not begin until residential development has commenced. -The Board of County Commissioners concurred with the staff recommendation. Conclusion: Based on the aforementioned analysis, the commercial portion of the project has been found to be consistent with the Immokalee Master Plan Element of the Collier County Growth Managemen'u Plan. 5 The purpose of this Section is to delineate and generally describe the plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for the Arrowhead Planned Unit Development. A. Regulations for development of Arrowhead shall be in accordance with the contents of this document, Section 7.27 PUD-Planned Unit Development District and other applicable sections of the Collier County Zoning Ordinance, and all other applicable Land Development Requlatiens in effect at the time building permits are requested. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County zoning Ordinance in effect at the time building permits are requested. C. All conditions imposed and all graphic material presented depicting development for Arrowhead shall become part of this regulation which governs the manner in which the PUD site may be utilized. 2.~ PROJECT PLAN AND LAND USE TRACTS A The project Master Plan, including layout of streets and land use of the various tracts, is iljustrated graphically by Map 1, PUD Master Development Plan. There shall be four (4) land use tracts, plus necessary water managemenu lakes, street right-of-ways, open space and recreational areas. The four land use tracts are iljustrated on Map 2, Tract Boundaries. TABLE 1 Tract A Single Family 124.53 AC 276 Dwelling Units Tract B Multifamily 54.90 AC 324 Dwelling Units Tract C Mobile Home Park 107.20 AC 300 Dwelling Units Tract D Commercial 15.Q__AC NET ACREAGE 301.63 AC Future Ro~d ROW 5.81 AC GROSS ACREAGE 307.44 AC LAND USE SUMMARY Open Space A) Preservation 6,86 AC B) Recreation 52.74 AC Lakes 37.61 AC Land 15.13 AC q) Open Space 80.00 AC Residential 115.75 AC ~ ~ Commercial 15.00 AC Road Right of Way 31.28 AC Future Road Right of Way 5.81 AC. ~RO$S AC~tF~GE 307.44 AC B. Areas iljustrated as lakes on Map 3, Conceptual Drainage Plan, shall be constructed lakes or littoral zones which are further · described in the master drainage plan. Such areas, shall be in the same general configuration and contain the same general acreage as shown on Map 3. C. In addition to the various areas and specific items shown on Map 3, such easements as necessary (utility, private, semi- public, etc.) shall be established within or along tile various tracts as may be required to provide essential services. ? 2.4 MAXIMUM PROJECT DF~SIT~ A~maximLLm of 900 residential dwelling units: single-family, mobile homes, and multi-family shall be constructed or placed J.n the total project area. The gross project area is 307.44 acres. The gross project density, therefore, will be a maximum of three units per gross area (includes commercial). 2.5 PROJECT PLAN APPROVAL REOUIREMENTS Prior to the development of any tract, this project is required to qo through the Subdivision Master Plan (SMP) proc.sm, and then, detailed construction plans and plat shall be approved for the overall project infrastructure to serve each tract. Once the plat and plans for the overall project infrastructure are approved, a site development plan, pursuant to Section 10.5 of the Zoning Ordinance, shall be submitted for any development of a platted tract which will not be further subdivided. If a platted tract is to be further subdivided, then that tract will be required to go through the SKP process and construction plans and plat, pursuant to the Subdivision Re~]lations. 2.5.1 The developer of any tract or parcel or separately defined portion thereof shall be required to submit and receive approval of a Site Development Plan in conformance with the requirements established within Section 10.5 of the Zoning Ordinance, prior to the submittal of a final site plan for any portion of the multi-family or commercial tracts. 2.5.2 Dedication and Maintenance of Common Facilities. All common facilities including open space, recreational areas and facilities, utilities and easements, streets or roads, conservation/preservation and/or archeological areas will be dedicated to one or more homeowners associations or master association for the purpose of ownership, maintenance and/or disposition to public agencies. 2.5.3 No more than three "Dry Models" may be constructed prior to recording of a plat for the project if applied for by the project owner. Site(s) for the model(s) must conform . to zoning standards and be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from the model serving as a "Sales Center" or an approved independent "Sales Center". Access shall be for pedestrian traffic only, no paved road will be allowed. a 91 8 " . A "Sales Center" may be constructed prior to recording of a plat. The "Sales Center" shall be limited to one '. ". structure (one building permit.) If may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the. central system will be made. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to serve the Center. Review and approval of the "Sales Ce~%ter" shall follow . the requirements of the Site Development Plan process .... (Zoning Ordinance Section 10.5). A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. They system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. SECTION III LOW DENSITY SINGLE FAKILY AND MOBILE I{OME RESIDENTIAL DEVELOPMENT The purpose of this Section is to identify specific development standards for areas designated on Map 2 as Tracts A & C, Single Family Residential. ~_j~_~SXIMUM DWELLING UNITS The maximum number of single family dwelling ~its allowed within the PUD shall be as follows: Tract A - 276 Tract C - 300 Total - 576 9.3 USES PERMI~]~ No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Tract A (1) Single Family DwellJ. ng Unit Tract C ' (1) Mobile Home Unit B. Accessory Uses: Tracts A & C (1) Customary accessory uses and structures, including private garages and/or carports. 1,4 DEVELOPMENT STANDARDS A. General: All yards, set-backs, etc. shall be in relation to the individual parcel boundaries. B. Minimum Lot Area: Tract "A" - 7,500 square feet Tract "C" - 5,000 square feet i0 C. Minimum Lot Width: Tract "A" Tract "C" (1) Corner Lots 75 feet 45 feet (2) Interior Lots 70 feet 45 feet D. Minimum Yards: Tract "A" Tract "C" (1) Front Yard 25 feet 10 feet (2) Side Yard 7-1/2 feet 5 or 0/10 feet (3) Rear Yard 25 feet *8 feet *Rear yard setbacks for Tract "C", abutting lakes, shall be 20 feet as measured from edge of lake. E.Minimum Floor Area: Tracts A & C (1) 750 square feet F. Maximum Height: (1) Principal Structure - Thirty (30) feet (2) Accessory Stl-ucture - Fifteen (15) feet 3. § QFF-STI~EET PAPJfING A/~D LO~J)ING P~EOUIP~EN'£S: ~racts A & C A~;._required by Collier County Reg~lations in effect at the time building permits are requested. ]. 6 SPECIAl, USF~ Portions of Tracts "A" and "C" may' be used for recreation and/or lakes. A. Development Standards (1) Minimum Yards: a. : Playground/recreational equipment shall be setback twenty (20) feet from any perimeter boundary line or lot line. Lake setbacks shall be in full compliance with Ordinance No. 88-26, as amended. b. Lakes shall be setback fifty (50) feet from any perimeter boundary line of the overall PUD. S Ef.~ION iV LOW r)~NSITY MULTI-FAMiLY RF~SIDENT/J%L DEVELOPMENT The purpose of this Section is to identify specific development standards for the areas designated on Map 2 as Tract B, Low Density Multi-family Residential. 4. ~ MAXIMUM DWELLING UNIT~ The mm-ximum number of multi-family dwelling units allowed within ~ract B of the PUD shall be 324 units. However, the balance remaining after dedu¢:ting the total n~mber of units developed in the single family and mobile home tracts, estimated to be approximately 600 units, will be transferred to tha m'.~lti-family tract. In no event, will the total number of units within the PUD exceed 900 ..... 4.3 USES PERMI~fED. No building or structure, or part thereof, shall be erected altered or used, or land use,~, in whole or in part, for other than the .f_o. ~ !DW.~ng :. A.. Principal Usas: (1) Multi-family dwelling units. B. Accessory Uses: · (1) Accessory uses and structures, including garages a.nd common parking areas. (2) Recreational uses and facilities such as swimming pools, tennis cour'~s, children,s playground areas, etc. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. 4.4 DEVELOPMENT STAND;al{DS A. General: All criteria listed below shall be understood to be in relation to respective tract boundary lines or between buildings. 95 [2 B. Minimum Yards: ...... (1) Setbacks from delineated PUD boundary lines = 30 feet or one half (1,/2) the building height, whichever is greater. (2) Distance between principal structures = 20 feet or one half (1/2) the sum of the heights of the adjacent · ' structures, whichever is greater. C. Minimum Floor Area: 600 square feet. D. Maximum Height: (1) Principal Structure: Thirty-five (35) feet. (2) Accessory Structure: Fifteen (15) feet. 4.5 OFF-STREET PARKING A/ND LOADING REOUIREMEMT$:. .As required by Collier County Regulations in effect at the time building permits are requested. SECTION V COMMON/RECREATION AREAS The purpose of this Section is to set forth the development plan and development standards for the areas designed as Common/ Recreation Areas on the PUD Master Development Plan, Map 1. The primary~ function and purpose of these areas will be to provide aesthetically pleasing open areas (including lakes), and recreational faciliti~s. All natural trees and other vegetation shall be protected and prese]~ed as set forth in Map 1. ~.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or Used, or land used, in whol~ or in part, for other than the following: A. Principal Usss: 1. Open Space/~{ature ~rsserves (Conservation Area) 2. Nature trails/paths or other similar facilities constructed for purposes or access to or passage throughout the PUD. 3. Shuffleboard courts, tennis courts, swimming pools, open play area's, and other types of uses and facilities intended for outdoor use and/or recreation (i.e., recreational, buildings). ~,3 DEVELOPMENT REGU~IONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures or areas, location of access streets, pedestrian ways and/or parking areas and location and treatment of buffer areas. B. Buildings shall be setback a minimum of fifty (50) feet abutting residential tracts and a landscaped and maintained natural buffer shall be provided. C. Lighting faciiities shall be arranged in a manner which will protect roadways ~nd neighboring properties from direct glare or other interference. D. Maximum Height: (1) Principal Structure - Twenty-five (25) feet. (2) Accessory Structure - Fifteen (15) feet. 5.4 MINIMUM OFF-STREET PARKING AND LOADING ~Q~~_T~[L As required by Collier County regulations .in effect at the time building permits are requested. SECTION VI .. CONSERVATION AREAS Conservation Areas - The purpose is to preserve and protect vegetation in its natural state in a harmonizing manner as set forth in Map 1, thE~ PUD Master Development Plan. 6.2 us~T~ 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) Open spaces/nature preserves (2) Lakes (3) Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. (4) Drainage control infrastructure. (5) Utilities 04499 SECTION VII PRESERVATION AREAS Preservation Areas - The purpose is to preserve and protect a defined area in its present state and to assure its ecological survival. 7.2 USES PERMITTED Passive open space. 044 ~r?. l[lO 17 SECTION VIII .... COMMERCIAL AREA The purpose of tlzi.~ Section is to identify specific development sta3%dards for the area designated on Map 2 as Tract "D", C6~merci~l-i This commercial component is intended to ser~e as a commsrcial general shopping center permitting a range of shopping and personal services to the surrounding area. Maximum site coverage by principal structures, accessory structures or outside sales ar.sa shall not exceed twenty (20) percent of the total Tract "D". Development of Tract "D" is to be phased in accordance with Sub~ection 8.5 of the Arrowhead PUD Document. The applicable Collier County Zoning District used as the basis of this commercial component is the C-4, Commercial General District, with variations. The C-4 Development Standards shall be used as a guide for development of the comnercial component of this project. 8.3 USES PERMITTED No building, structure, or part thereof or outside sales area, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: (a) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (Subject to Section 9.8, Zoning Ordinance)~ awning shops. (b) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; b~]cycle sales and services; blueprint shops; bookbinders; book stores; business machine services. (c) Care Units (Subject to Section 8.53, Zoning Ordinance); carpet and floor covering sales - which may include storage and installation; churches and other places of worship (Subject to Section 8.11, Zoning Ordinance); clothing stores; cocktail lounges (subject to Section 8.11, Zoning ordinance); commercial recreation uses - indoor; commercial schools; confectionery and candy stores. (d) Delicatessens; department stores; drug stores; dry cleaning shops; dry good stores; and drapery shops. [8 (e) Electrical supply stores; equipment rentals including lawn mowers and power saws, which may include their repair and sale. (f) Fish market - retail only; florist shops; fraternal and social clubs (Subject to Section 8.11, Zoning ordinance); funeral homes; furniture stores; furrier shops. (g) Garden supply stores-outside display in side and rear yards; gift shops; glass and mirror sales - includii%g storage and installation; gourmet shops; and Group Care Facilities (Category I and Category II) (Subject to Section 8.53, Zoning Ordinance). (h) Hardware stores; hat cleaning and blocking; health food ..... stores; hospitals; hotels, motels and time share faciliti,~s. (i) Ice cre~n stores. (J) Jewelry stores. ' (k) Laundries - self service only; leather goods; legitimate theatres; liquor stores; locksmiths. (1) Marinas; markets - food; markets - meat; medical offices and clinics; millinery shops; motion picture theatres; museums; music stores; minor automobile repair work. (m) New car dealerships-outside display permitted; news stores; night clubs (Subject to Section 8.11, Zoning Ordinance); and nursing homes (Subject tc Section 8.53, Zoning ordinance). (n) Office - general; office supply stores. (o) Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service sho~s; private clubs (subject to Section 8.11, Zoning Ordinance); professio~al offices. (p) Radio and television sales and services; radio stations (offices and studios), and auxiliary transmitters and receiving equipm~nt, but not principal transmission ~ tower; research and design labs; rest homes; restaurants - including drive-in or fast food restaurants (Subject to Section 8.11, Zoning Ordinance). (q) Shoe repair; shoe stores; shopping centers (subject to Section 10.5, Zoning Ordinance); souvenir stores; stationery stores; and supermarkets. (r) Tailor shops; taxidermists; tile sales -ceramic tile; tobacco shops; toy shops; tropical fish stores. (s) Upholstery shops. (t) Variety stores; vehicle rental - automobiles only; veterinarian offices and clinics - no outside kennels. (u) Watch and precision instrument repair shops. (v) Any other commercial use or professional service which is comparable in nature with the foreqoing uses and which the Planning Services Manager deteI-mines to be compatible in the district. (w) Child care center. B. Accessory Uses: (a) Accessory uses and structures customarily associated with the uses permitted, in this district. C. Provisional Uses: (a) Car Wash. (b) Vehicle rentals - all vehicles except automobiles. (c) Wholesaling; warehousing; distribution (these three uses apply only to the principal permitted uses as described above). All provisional use petitions shall comply with Section 13, PROVISIONAL USES. of the Collier County Zoning Ordinance 82-2, as amended (or whatever Ordinance is in effect at the time of submission of a (the) provisional use petition(s). 8.4 DEVELOPMENT STA~IDARD$ A. Minimum Lot Area: Ten thousand (10,000) square feet. B. ~Width: One hundred (100) feet. C. ~inimu~ yard Reauirements~ (a) Front yard - twenty-five (25) feet plus one (1) foot for each two (2) feet of building height over fifty (50) feet. (b) Side yard - none, or a minimum of five (5) feet with unobstructed passage from front to rear yard. (c) Rear yard - twenty-five (25) feet. 20 D. Distanqe Betweeg ~tructures: Same as for side yard setback. E. Maximum Height: One hundred (100) feet. F. Minimum Floor Area of Structures: One-thousand (1,000) square feet per building on the ground floor. G. Maximum DensitY: IIotels, motels and time share facilities are limited to a maximum density of sixteen (16) units per acre. The maximum floor area for these uses is five-hundred (500) square feet. 8,~ OFF-STREET PA~ING AN~NG R~QUIPJiMENTS: As re~ired by Collier county regulations in effect at the time building permits are requested. 8.6 MINI}FJM LANDSCAPI~L~_~F~Q~ As required by Collier County regulations in effect at the time building permits are requested. 8,7 MINIMUM LANDSCAPE BUFFER AREA: As required by Collier County regulations in effect at the time building permits are requested. At a minimum, a landscaped buffer shall be provided adjacent to all residential areas bordering the commercial portion of the PUD (except for access points) in accordance with Section 8.37 of the Collier County Zoning ordinance 82-2, as amended. As required by Collier County Regulations in effect at the time sig~ permits are requested. 8,9 COMPfERCIAL · " " Development of Tract "D" shall be phased to correspond to the number of dwelling units as obtained through Site Development Plan Review Approval or other applicable approval. The maxim~im allowable square footage of gross leasable area is 130,680 sq. ft. There will be a total of two (2) phases with up to 65,340 square feet of gross leasable area per phase. The first phase can be developed in smaller segments over time. The timing of the second phase will depend on market conditions~and will not begin until residential development has commenced. ~_~10 MERCHA~DISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. However, the commercial portio~ Of this PUD shall be eligible for temporary use permits for tempora.vy_.s~les, sports events, religious events, and community events-i~ccordance wi. th Section 10.6 of the Collier County Zoning Ordinag~.9~2, as amended, stated as follows: General: Certain uses are temporary in character. They vary in type and degree, as well as in length of time involved. Such uses may ha~e little impact on surrounding and nearby properties or they may present serious questions involving potential incompatibility of the temporary uses with existing and projected permitted or permissible uses. It is the intent of this Zoning Ordinance to classify., temporary uses and to provide for permitting, ad~'in'ist~a~ion/-and c~ntrol of such uses according to the several classifications hsrein set out. Unless otherwise specified in this Zoning Ordinance, this Section governs temporary uses. Temporary Sales. SPorts Events. Religious Events. and _C~q~,~unit~ Events: 1! . In the case of temporary sales, such as grand openings, going 66t of'business sales (exclusive of garage sales, lawn sales and similar private home sales), special promotional sales, sports events, religious events and community events, or other similar uses, the Community Development Services Administrator, or his designee, may grant non-renewable permits of up to two weeks duration, such that during any calendar year the sum total of all permits for such events does not exceed twenty-eight (28) days. In the case of Christmas tree sales, the Community Development Services Administrator, or his designee, may grant a non-renewable five week permit. Temporary permits may be allowed for an additional period of up to four (4) weeks when approved by the Board of County Commissioners. Such special approval shall be subject to stipulations or additional constraints deemed necessary and appropriate to the request. Such stipulations or constraints deemed necessary by the Board of County Commissioners shall be noted as conditions to the issuance of said permits; and the permittee shall be required to sign a notarized agreement to said stipulations or constraints. Temporary permits may include the placement of temporary signs, merchandise, temporary structures and equipment, and temporary mobile home as an office, but not for residency. If the temporary use is not discontinued upon expiration of the permit, it shall be deemed a violation of the Zoning Ordinance and shall be subject to the penalties therein. 2) In making such approval, the PlaQning Services Manager may stipulate the following requirements as he deems appropriate to the case: (a) Traffic Safaty Measures. (b) Additional Parking Requirements. (c) Limited Actiuity Hours. (d) Watchman, Fencing, Lighting. (e) Sanitary Facilities. (f) A faithful performance bond to guarantee compliance with the conditions of the permit. ~ f344 ~. lf36 23 SECTION IX DEVELOPMENT COMMITMENTS The purpo~ of this Section is to set forth the development commitments for the development of this project. All facilities shall be constructed in accordance with the standards and specifications adopted as part of this [PUD and applicable portions of the official County Zoning Ordinance in effect at the time building permits are requested. The developer, his successor and assigns shall be responsible for the commlitments outlined in the document. The developer, his successor or assignee 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. 9.3 PUD FASTER PLAN A. Map 1, PUD Master Development Plan iljustrates the proposed development. Minor site alterations may be permitted subject to Section 7.27, (J), of the Collier County Zoning Ordinance. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. All easements and assurances will be submitted to the County Attorney at Development Plan review for review and approval to assure implementation of the development commitments. C. This project shall be developed in compliance with ali. of the applicable requirements of the Collier County Subdivision Regulations. 9.4 SCHEDULE OF DEVELOPMEHT A. Recreational Facilities Provision: A total of at least 15.1 acres of land within the boundaries of the PUD will be for recreational uses. By the time that building permits for 200 residential units are issued, the developer agrees to have constructed one (1) basketball court, one (1) tennis court, and a children's play area in the locations shown on the PUD Master Dew~lopment Plan. Additional recreational facilities shall, at a minimum as skown on the Development Plan; be developed in phases. The ownership and maintenance of each phase shall pass to a Master Homeowner's Association (or some other mechanism acceptable to the County), which shall include a provision for the creation of a Capital Improvement Fund for maintenance. Every property owner in the development shall become a me=doer of the Homeowner's Association and each Homeowner Associate must belong to the Master Home Owner Association or so~:e other mechanism acceptable to the County. 9.5 TRANSPORTATION A. All public street design and construction shall meet applicablm Collier County transportation standards that are in effect at the time building permits are requested. B. Adjacent to the PUD boUndary, along the eastern property line, the developer shall provide up to 100 feet of cl~ar road right-of-way to meet the needs for the Carson Road Extension. Additionally, adjacent to the PUD boundary, along the northern property line, the developer will provide right-of-way for Lake Trafford Road up to a width of fifty (50) feet as determined by the County Transportation Services Division for infrastructure improvements. Impact fee credits will be granted to the extent provided in Ordinance 85-55 and amendments there of. Proper~y value determinations for the purpose, of credits shall be made at the time of property transfer based upon fair market value as determined by qualified appraisers. Furthermore, fair market value shall be based upon the highest and best land use (agricultural zoning) as existing prior to approval of Petition R-90-6 by the Collier County Board of County Commissioners. C. The developer shall provide westbound left turn lanes on Lake Trafford Road at each residential access. 0'44 108' 25 D. The developer shall provide left and right turn lanes on Carson Road at accesses to the commercial tract. Access ' i~provements on Carson Road may be coordinated with the ~~construction of that road, but shall be the financial ..responsibility of the developer. E. The developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project access, residential or co~nmercial, when deemed warranted by the County. The developer shall also make a fair share contribution toward the capital cost of a traffic signal at the intersection of Lake Trafford Road and Carson Road. All ..such signals shall be owned, operated and maintained by Collier County. F. The developer shall provide arterial level street lighting at all access improvement points on Lake Trafford Road and collector level street lighting at all access improvement points on Carson Road. G. The developer shall provide a sidewalk/bike path along Lake -Trafford Road. H. Road Impact Fees shall be as set forth in Ordinance 85-55, and any amendment thereof, and shall be paid at the time building · permits are issued unless otherwise approved by the Board of . County Commissioners. I. Access improvements shall not be s%%bject to imDact fee .~redits. Excluding 'signalization, access improvements shall .be in place before any certificates of occupancy ar(: issued. J. All traffic control devices used, excluding street naiae signs, · shall comply with the Manual on Unifor~ Traffi.c Control Devices as required by Chapter 316.0747, Florida Statutes. K. In consideration of the implementation of the Adequate Public Facilities Ordinance, and the potential of adjacent roadways not conforming to appropriate service level standards due to the rate of increase of traffic volumes versus scheduled/funded roadway capacity improvements, the developer is advised that future land development activities in the area may be subject to future land use control consistent with the above regulations. 9.6 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services 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 Project Review Services. 26 B. Design and construction of all improvements shall be subject t~.compliance with the appropriate provisions of the Collier County Subdivision Regulations. C. An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. Lake setbacks shall be in conformance with ordinance 88-26. D. Work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. E. Access improvements into each tract as shown on the master plan is informational only. Location and n,mher of access improvements is subject to Subdivision Master Plan or SDP approval. F. This project is recommended for approval for rezon, purposes only. A Subdivision Master Plan snell be submitted which complies with all the design standards of the Subdivision Regulations unless specific exceptions are requested and supported by so%md engineering reasoning during its approval process. Approval of this rezone does not constitute an approval to any s~3division design standards contained within the petition or supporting drawings or exhibits. The master plan submitted shall not be considered to suffice for the Subdivision Master Plan required pursuant to Collier County Ordinance 76-06, as amended. G. The project shall be platted in accordance with Collier County Subdivision Regulations to define the right-of-way, tracts, and easements as show~l on the master plan. H. All roads, public or private, shall be in full compliance with the County Subdivision Regulations design and construction requir6ments. I. All cul-de-sacs shall be in full compliance with the County Subdivision Regulations, including desigll and construction requirements. J. All requirements of the Subdivision Ordinance must be met since no variances were requested. A. Verification from the Immokalee Water Sewer District stating they have reviewed and approved the water and sewer facilities engineering construction documents to set%re this project is required and must accompany the detailed construction plans submission. 27 ; B. Verification of sewage treatment capacity pursuant to Ordinance No. 80-112 to service this project is required and must ,Accompany the detailed.construction plans submi~sion. C. This project shall be designed and constructed in full compliance with Ordinance 88-76, as amended. D. This project shall be designed for central water and sewer system~. 9.8 WATER M3~NAGEM~NT A. in accordance with the Rules of the South Florid;~ Water Management District, (SFWMD) Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. B. A copy of SFW%~D Permit or Early Work Permit is required prior to construction plan approval. C. Prior to SMP approval, provide a copy of the South Florida Water Management District Conceptual Permit. D. Provide a 20 ft. maintenance easement around the perimeter of all lakes and a 20 ft. access easement from a public road to each maintenance easement. E. Pursuant to applicable South Florida Water Management District rules, provide 25 ft. naturally vegetated buffer aro~lnd all wetlands to be preserved. No construction will be allowed within this buffer. F. Ail off-site flows shall be routed through the project master system. G. ~%e future Carson Road drainage shall be routed through this project as shown on Conceptual Drainage Plan, Map 3 herein. 9.9 ENVIRONMENTAL A. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all landscaping on the development shall be submitted to the Planning Services Section for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. A higher percentage of trees or shrubs can offset an equal percentage of use of only 50% native ground cover. This plan shall 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. This plan may be submitted in phases to coincide with the development schedule. B. If, during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered other than that already identified, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such not].fication in a timely and efficient manner so as to provide only a ninimal interruption to any construction activity. C. Petitioner shall comply with Ordinance No. 75-21 as amended by ordinance 89-58 (Preservation of Native Habitat and Tree Removal Permit). D. Pursuant to Ordinance No. 89-58 and Collier County Growth Management Plan Conservation and Coastal Management Element, Goal 6 Objective 6.2, Policies 6.2.~, 6.2.7, 6.2.9, 6.2.13, 6.2.14, and Objective 6.4, Policies 6.4.6 and 6.4.7, there shall be no unacceptable net loss of viable naturally functioning fresh water wetlands. A minimum of 12.25 acres shall be designated as wetland "preserves" with additional lands designated as "natural buffers" and "open space" totaling a minimum amount of 60 acres (this does not include lake areas). E. A minimum of 11.3 acres of mitigation shall be provided. A mitigation plan for the entire project shall be submitted upon the first site development submittal, with final site development plan approval contingent upon the mitigation scheme being approved by Project Review Services. F. preserve areas shall retain the existing natural canopy, ~nderstory, and groundcover vegetation, and shall be maintained free of exotic species in perpetuity. Development and passive recreation of any kind is prohibited in the wetland preserve areas. G. Passive recreational activities are permitted in the natural buffer and open space areas; these activities include nature trails and picnic areas. However, development of any kind is prohibited. All native trees of four (4) inch or greater diameter at breast height (dbh) shall be retained with maintenance of the ground cover and understory permitted. The "natural buffer/open space" area(s) are defined as being all areas not designated "preserve", and which are not within the development envelope indicated on the conceptual master plan. 29 H. Pursuant to Collier County Growth Management Plan, Conservation and Coastal Management Element, Policy 7.3.4, evidence shall be submitted to Project Review S,~rvices documenting the FGFWFC's role in the live relocation of the American alligators located on site. This documentation must be.submitted prior to approval of the first site development plan. I. Petitioner shall comply with Ordinance No. 82-37 as amended by ordinance No. 89-53 (Rezoval of Exotic Species). J. Petitioner shall comply with Ordinance No. S2-2 as amended by Ordinance No. 89-57 (Use of Native Species in Landscaping). K. Petitioner shall cease all development and const~ction activities in the vicinity of any additional archaeological or historical sites during the course if site development and shall contact Collier County Project Review Sexwices, Environmental Staff. Construction shall not be permitted to recommence until such tim~ as appropriate mitigative measures are agreed upon. L. All "preserves" and natural buffer areas shall be identified by a survey and depicted on the plat as a preservation easement or tract. 9.10 ACCESSORY STRUCTURES Accessory structures may be constructed simultaneously with or following the construction of the principal structure, but not before the principal structure. As required by Collier County regulations in effect at the time sign permits are requested. 9.1~ LANDSCAPING FOR OFF-STR~ET PARKING ARE%$ As required by Collier County regulations in effect at the tim~ building permits are requested. 9.13 POLLING PLACES Polling places shall be permitted and provided for as deemed appropriate by the Supervisor of Elections, in accordance with Section 9.11 of the Collier County Zoning ordinance, within the commercial or recreational portion of the overall PUD as deemed appropriate by the developer. 3O 9n14 SPECIAL CONDITIONS A. An archaeological site consisting of approximatE~ly 0.26 acres is to be preserved in perpetuity and become part of the open space of the Arrowhead PUD. 9.15 ADDITIONAL REOUIREMENTS: A. The road running through the single family and mobile home sections of this PUD, connecting Lake Traff¢~rd Road with Immokalee Drive, shall be a public roadway. B. A minimum of 100 single family dwelling units shall be constructed as a part of this PUD. C. This project shall receive Subdivision Master Plan Approval and/or Site Development Plan Approval prior to application for building permits. D. This project shall comply with Collier County ordinance No. 89-42 (Open Space Ordinance). E. Earthmining shall be allowed as a permitted principal use for this PUD (to be permitted only in conjunction with water management/lake(s) siting pursuant to Collier County Ordinance No. 88-26). F. Fire hydrants shall be appropriately located to meet the requirements and approval of the local fire district. G. Development permitted by approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance (APFO) No. 90-24 at the earliest or next to occur of either final SDP approval, or building permit issuance applicable to this project. 31 SECTION X MAPS/LEGAL DESCRIPTION DESCRIPTION · . A [tact of land located In Section 31, Township 46 South, Range 29 East and Section 6, Township 47 South, Range 29 East, Cailler County, Florida, more parUculaHy described aa follows: Commence a[ the Northeast comer of the South 1/2 of said Sect]on ;31, me~ed by an Iron rod 5.38 feet south of the center- line of Lcke Trafford Road; thence S 01'11'04' E, along the East line of said Section 31, a distance of 34.62 feet to the POINT OF BEClNNING, a point on the arc of a curvQ of the South- e~ty Hght-of-woy of Lake Trefford Rood from which the radius point Ilea N 00'38'38' E,.a distance of 11499.20 feet: thence continue S 00'11'04" E, along said east line of Section 31, a distance of 2626.06 feet to the corner common to Sections ,31 (3nd .32, Township 46 South, Range 29 East and Sections 5 and 6, Township 47 South, Range 29 East; thence S 00'44'14' E, along the East line of aforementioned Section 6, a distance of 30.00 feet; thence S 88'5:5'58' W, a distance of 100.00 feet; thence S 00'44'14" E along a line 100 faslWest of and parallel with the Easterly line' of aforementioned Section 6, a distance of 1182,18 feet; thance. S89'15'46' W, a distance of 1660.14 feet; thence N 54'44'53' W, a dlstance of 628.03 feet; thence N 4-3'02'51" W, a dlstance of 1245,23 feet; thence U 01'30'27' W, a distance of 570.20 feet; thence N 75'33'21" W, a distance of 681.54 feet; thence N 88'52'40' W, a distance of 550.82 feet; thence N 16'0@'2~3' E, a distance of 557.00 feet; thence N 00'55'08" W, a dlstance of 1427,65 feet to the Southerly Hght-of-w(3y of Lake Trafford Road; thence S 87'58'12' E, along said right-of-way, a distance of 3861.86 feet ia the PC of a curve to the left having a radius of 11499.20 feet and a central angle of 01~25'10'; thence Easterly, along the arc of said curve, a distance of 284.87 feet to the POINT OF BEGINNING. Containing ;307.443 Acres. Legal Description G~. ~ ~ ~,. ~ ~ .........,,,,, ~ . Approved 5/28/91 ARROWHEAD ' ? ,-~ ^pprovcd ',-- ~:-.-.'s'¢ - ARtgOWHEAD ,307 ACRE PLANNED UNIT DEVE:LOPMF'NT H~NDRY ~.~RK MAP .7 VICINITY MAP Rcpri:~te,l hy per~lssl,~n of: .. PUBLIC FACILITIES MAP "'""'~"'" '"'~"' ~"': '"'~' 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. 91-44 which was adopted by the Board of County Commissioners on the 28th day of May, 1991, during Regular Session. WITNESS my hand and the official seal of. the Board of I~ount¥ Commissioners of Collier County, Florida, this 4th day of June, 1991. Clerk of Courts and Clerk'? Ex-officio to Board of "-' County Commtssloner~ ,. B~: /s/Maureen Kenyon Deputy Clerk "' ' ' 'f"