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Ordinance 99-57 ORDINANCE NO. 99- 57 .e ~ - ~~ ~(1 ~~~~ iT AN ORDINANCE AMENDING ORDINANCE NUMBER 91.102 THE COLLIER IJ;'/;/ ~ COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE ~ COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8629N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RIGAS PUD FOR MAXIMUM OF 725 RESIDENTIAL DWELLING UNITS AND A MAXIMUM OF 10,000 SQUARE FEET OF CONVENIENCE COMMERCIAL AND RECREATIONAL _ USES FOR PROPERTY LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R. 846), APPROXIMATELY ONE MILE EAST OF 1-75 AND ONE MILE WEST OF C.R. 951, IN SECTION 28, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 232:1: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Donald W. Arnold, AICP, of Wilson, Miller, Barton & Peek, Inc., representing G.L. Homes of Naples Associates, Ltd., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, FIOii"!!l _ f ,_. t" \.~) I !:,- ~ ::;; SECTION ONE: .' . .'!':-.. ~. . r'o, -r.,. ". '.' ~ .' ,'.. .,.;! (,i') . ('" ,"", '.......... The zoning classification of the herein described real property located in Section 28, Township 48 ~~.~, R~e 2F:: /Y"-oj . East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development ii;~rdaj!~ wi~cl the Rigas PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The OffiCial~~g ~~ M~ .):l. III CO Number 8629N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND'DUL Y ADOPTED by the Board of County Commissioners of Collier County, Florida, this ..3~..; day of av-r:~ , 1999. \.\ ,:, ~ iI U Ii (,: . BOARD OF COUNTY COMMISSIONERS .... ", .: .'. ~~. COLLIER COUNTY, FLORIDA .~ ~:~f ~~.>' ~.. ATTEST: . . . . :::~ 4: r:;~~<doy J<PcZ B~:..mLAS. MAC'KIB, Chabwoman .~ DWIGHT E. BROC , CI~lk r ~ '. A~$t IS.t.O. . ~~llh..n. s s 1 gftatttrl': Qi\ lY;' ' Approved ~ to Fo~ This ordinance flied wi.th the and Legal Sufficiency Secretary of ~lt.i.Off,ce the. ~_dayof ,~~ and Clcknow!odge ent of thct - ~~ot..U-ln 1J.l7~./~d fili~received this ~,day Marj eM. Student of .. ~.~ ~~ . , Assistant County Attorney By ~. ~ ~.&.- Deputy Clerk PUD-99-06 ORDINANCE! I -1- ~ - . ;. ,.' , . - ~ ," ~ ~ ". ... :.. ~ ,. "- .'-1' " ,- ... - ~ c' . '," ': "-"'" ....,... -- ". , ,- . ^ . , ~, . ". ,: ~ ,- , . ~ ..;, .' .' , , , . " ~, - . ,- . '...- .'. RIGAS A PLANNED UNIT DEVELOPMENT 232f: Acres Located in Section 28, Township 48 South, Range 26 East, Collier County, Florida PREPARED FOR: G. L. HOMES OF NAPLES ASSOCIATES, LTD. 1401 University Drive, Suite 200 Coral Springs, FL 33071 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, FL 34105 EXHIBIT "A" DATE FILED 3/15/99 DATE APPROVED BY CCPC 6/3/99 DATE APPROVED BY BCC f{.3/'Y - ORDINANCE NUMBER Y'-S-? , I/V'lUl421 Ver: O\l.VRINE Oll66~NlI.EMAP.21291 . " . . .; -', ~ . - TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE 11 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL 3-1 SECTION IV RECREATION CENTER 4-1 SECTION V PRESERVE 5-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6-1 EXHIBIT A RIGAS PUD MASTER PLAN (WMB&P File No. 0-3166-03) EXHIBIT B LEGAL DESCRIPTION AND PROPERTY OWNERSHIP -- . lII2/99-6H21 Y.., III1.vRINE II] 166-OOl1~M>I.EMAP-2J291 I . , , - 11 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of G. L. Homes of Naples Associates, Ltd., hereinafter referred to the Developer, to create a Planned Unit Development (PUD) on 232:1: acres of land located in Section 28, Township 48 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Rigas. The development of Rigas will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use Residential District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. 2. The proposed residential density of Rigas is 3.13 dwelling units per acre which is less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of four (4) units per acre. The proposed project also qualifies for one additional dwelling unit above the base density, for a total permissible density of five (5) dwelling units per acre, due to the proposed access to two arterial or collector roadways The proposed maximum 10,000 square feet of convenience commercial and personal service uses located in the Recreation Center, are consistent with the proposed Future Land Use Element, PUD Neighborhood Village Center Subdistrict. i Development of convenience commercial uses authorized in this PUD shall not be permitted until such time as the Future Land Use Element of the Growth Management Plan providing for the PUD Neighborhood Village Center Subdistrict (Ordinance 97-67) is determined to be legally effective as provided by Subsection 163.3189(2)6, Florida Statutes. 3. Rigas PUD is compatible with and complementary to existing and future surrounding land ...-~ uses as required in Policy 5.4 of the FLUE. I 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of Rigas PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. Rigas PUD is a large scale mixed use community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. 1lI71V8-542110 Ver. ll-41-WARNOLD 031 ee-ooO-OO1-EMAP-23291 - ---- - ' .. '. -. . .- ~ " .. - , , '" ;"', - . :"",,,:,r.' - :... - 11l 7. Rigas PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 8. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. -- , en_~280 Ver: 041-WARNOLO 031l1ll-0QQ.QQ1.EMAP.23291 -------~----_._-~_..- : ....' .'- ., ~ .~ ", , , . " - - IV SHORT TITLE This ordinance shall be known and cited as the "RIGAS PLANNED UNIT DEVELOPMENT ORDINANCE" . _. I en,""s.42&O VIr. 041-WARNOLD 031ll&-llOO-OOl-EMAP-23291 "':: ,', '., , _. '''.. '" 1-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Rigas PUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAl. DESCRIPTION See attached Exhibit "B." 1.3 PROPERTY OWNERSHIP See attached Exhibit "B." 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 28, Township 48 South, Range 26 East. The site is generally bordered on the west by Golden Gate Estates; on the north by Immokalee Road; on the east by the Heritage Greens PUD, developed residential/golf course community, zoned PUD; and on the south by Island Walk PUD. B. The zoning classification of the subject property at the time of PUD application is Rural Agricultural. C. Elevations within the site are approximately 13' above MSL. Per FEMA Firm Map Panel No. 120067 215 D, dated June 3, 1986, the Rigas property is located within Zone "X" of the FEMA flood insurance rate map. D. A majority of the site has been altered through past and current agricultural uses; .'- however, a portion of the site does contain jurisdictional wetlands. An EIS has I been submitted, pursuant to Division 3.8 of the LDC. E. The soil types on the site generally include fine quartz sand and organic loam. This information was derived from the Soil Survey of Collier County, Florida. F. Rigas contains a variety of vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. A detailed vegetative inventory and map is included in the Environmental Impact Statement attachment to the Application for PUD Rezoning packet. anm-542eO Vor. 1141-WARNOLD 031 ee-ooo.OO1-EMAP-23291 ~~~-- : ~', .... " ;- , - ~ - .' - ~ , - ; , .: " '- " ' " - ,. ^ .' ,. ')0". . '. ......,. , . ...."" " " -. '- . - ~.. 1-2 G. The project site is located within the Collier County Water Management District Number 7, Harvey Basin. 1.5 PERMITTED V ARIA TIONS OF DWELLING UNITS A maximum of 725 dwelling units are permitted within the Rigas PUD. This maximum of 725 dwellings may include single-family, two-family, duplex, zero lot line, patio, townhome and multi-family dwelling unit types. 1.6 DENSITY A. Acreage of Rigas is approximately 232 acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 725. The gross project density, therefore, will be a maximum of3.!3 units per acre. B. At all times all property included within Rigas as described in Section 1.2 shall be included in determining project density, including lands reserved for Collier County road right-of-way. - I 1lI7_~280 Ver. 04~WARNOLD 031ll&-OOO-OOl-EMAP-23291 __ - __ _.____u___.__ '- ~.' .. ,.; 'jf\ 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Rigas, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Rigas will be developed as a mixed use residential community, which may feature a full array of residential dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, convenience commercial uses and personnel services, central to community residents. B. The Master Plan is illustrated graphically on Exhibit "A" (WMB&P, Inc. File No.D-3166-03). A Land Use Summary indicating approximate land use acreages is shown on the plan. The master plan is conceptual, and the location, size, and configuration of individual tracts shall be determined at the time of Final Site Development Plan and/or Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Rigas shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to Final Subdivision Plat, Pinal Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that .- is otherwise applicable shall apply. Where specific standards are specified in this , PUD, these standards shall prevail over those in the LDC. B. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. eJ719a-54280 Ver. 041.WARNOLD 031ll8-OO(l.OOl.EMAP.23291 - -------~..~---- .------- , . - 2-2 D. Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other sections of the Land Development Code remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Rigas Master Plan are part of the regulations which govern the manner in which the land may be developed. F. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to Rigas, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. G. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to Rigas, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. H. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. However, tracts platted for the purpose of establishing prototypical model homes shall be not be required to develop with a singular dwelling unit type. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The developer may elect to establish a Community Development District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. The CDD will constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Rigas. B. The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District under Section .- 190.006 through 190.041, Florida Statutes. Such a district is a legitimate alternative I available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. 2.5 ROADWAYS A. Roadways within Rigas may be included as one of the CDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. e17188-5-42&0 Ver. 041.WARNOlD 031 8e-OOO-OOl .EMAP.23291 ~ . ... .. .- , .. - ,.' 2-3 The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways and roadways built and/or maintained by the Rigas CDD. B. Roadways within Rigas shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 3.2.8.4.16. Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right-of-Way Width Street right-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. 2. Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. 3. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangent shall not be required between reverse curves on any project streets. 3.2.8.3.17 Sidewalks, bike lanes and bike paths - I Section 3.2.8.3.17.3 The primary project entry road and loop road system shall have a minimum eight (8') foot wide pathway on one side of the street, or a five (5') wide pathway on both sides of the street, which may meander in and out of the right-of-way. Cul-de-sacs and private streets less than 300 feet shall not be required to provide sidewalks. enl>>~2eO VIr. 041-WARNOLD 031M-OOQ-OO1-EMAP,232g1 .__."___..u__ , -. , t ,- 2-4 2.6 LAKE SETBACK AND EXCA V A TION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. Removal of fill and rock from Rigas shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.7 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES A. CONSTRUCTION OFFICES 1. A temporary use permit shall be granted initially for a period not to exceed 24 months in length and may be renewed annually based upon demonstration of need pursuant to the requirements of Section 2.6.33.3. of the Collier County Land Development Code (LDC). 2. This use may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 64E06, F.A.C. and may use potable or irrigation wells. Offices located in permanent structures shall be required to connect to the central utility system at the time it becomes available. B. MODEL HOMES, SALES CENTERS AND SALES OFFICES 1. Shall be permitted principal uses throughout the Rigas PUD. 2. Model homes shall be "wet" or "dry" facilities. a. "Wet" facilities may be occupied by a sales office and/or representative. - b. "Dry" facilities shall be unoccupied by a sales office and/or I representative. c. Transportation to and from unoccupied model homes shall be provided at a sales center, which also provided required parking and handicapped accommodations in accordance with section 2.6.33.2 of the LDC. 3. Temporary use permits for model sales centers and sales offices that are located in permanent structures other than dwelling units, and dry model homes shall not be required. llI7l9ll-54260 V.r. 041-WARNOlD 03188-000-001-EMAP-23291 . .- 2-5 4. Temporary use permits for model sales centers, model homes or sales offices located in permanent structures within a dwelling unit shall be required. a. The temporary use permit shall be issued initially for a period of three (3) years. Extensions in excess of this period shall require submittal and approval of a conditional use petition in accordance with section 2.7.4 of the Land Development Code, except where model homes are located within a "model home row", in which case the Planning Services Director may extend the temporary use permit for all of the model units for a period equal to 99% Rigas PUD product sales. 5. Temporary use permits for a sales center in a temporary structure shall be issued initially for a period of three (3) years and may be renewed annually based upon demonstration of need. 6. A maximum often (10) model homes shall be permitted within this development prior to final plat approval as permitted above. 7. Temporary use permits for a model sales center within an existing subdivision shall require a site plan as follows: in the case of a permanent structure which is a dwelling unit, a Site Improvement Plan (SIP) per section 3.3.8.4 of the LDC; in the case of a permanent structure which is other than a dwelling unit, a Site Development Plan (SDP); in the case of a temporary structure (mobile home or sales trailer), either a Conceptual Site Plan (CSP) which addresses the requirements of section 2.6.33.2 of the LDC, or a Site Improvement Plan, depending on the extent of the work required. 8. Temporary use permits for model homes to be located within a proposed single-family or multi-family development may be approved following administrative approval of a plat and construction drawings for all required infrastructure encompassing the lots on which the models are to be constructed pursuant to division 3.2, and a Conceptual Site Plan which addresses the requirements of section 2.6.33.2 of the LDC. Unoccupied (dry) model homes will be permitted only in conjunction with an approved SDP for a model sales center which provides adequate parking to support the model(s). - 9. Temporary use permits for occupied (wet) model homes following . subdivision approval shall require a Conceptual Site Plan which addresses the requirements of section 2.6.33.2 of the LDC. Temporary use permits for unoccupied model homes following subdivision approval shall require a Conceptual Site Plan and shall be issued only in conjunction with an approved Site Development Plan or Site Improvement Plan for a model sales center which provides adequate parking to support the model(s). 10. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under Rule Rule 64E06, F.A.C. and may use llnfW.542eO Ver. lU~WARNOLD 031118-000-001-EMAP-23291 , . ' , , . -- 2-6 potable or irrigation wells prior to the availability of central utility systems at which time a connection to the central system shall be made. 11. All other applicable provisions of the Land Development Code pertaining to Model Homes, Sales Centers, Sales Offices and Construction office shall apply. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. The Planning Services Director shall be authorized to approve minor changes and refinements to the Rigas Master Plan upon written request of the Developer. The PUD Master Plan is a conceptual plan containing approximate acreages of each land use. The actual acreages shall be determined at the time of preliminary subdivision plat or site development approval and shall be consistent with jurisdictional agency determinations. A. The following limitations shall apply to such requests: 1. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Rigas PUD document. 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: - 1. Reconfiguration of lakes, ponds, canals, preserve areas or other water I management facilities where such changes are consistent with the criteria of the South Florida Water Management District or other applicable jurisdictional permitting agency and Collier County. 2. Internal realignment of rights-of-way other than a relocation of access points to the PUD, except where the access point is required by the appropriate jurisdictional agency. 3. Reconfiguration of residential and recreation parcels when there is no net loss to areas identified as conservation or preserve. tlI7/99-542&O Ver. 041-WARNOLO 031ee-OOO-OO1-EMAP-23291 - - -_._-----~-~--- , " .,..... , .~ , - . - 2-7 C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulations prior to the Planning Services Director's consideration for approval. D. Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.10 COMMON AREA MAINTENANCE Common area maintenance will be provided by the CDD or by a Property Owners' Association. For those areas not maintained by the CDD, the Developer will create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces. The CDD or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Rigas, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Rigas. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2. Ground covered berms Perimeter 2:1 - Internal to project 3:1 I 3. Rip-Rap berms 1: 1 with geotextile mat 4. Structural walled berms - vertical B. Fence or wall maximum height: six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of greater than 4: I (Le. 3: 1). efll99-54280 Ver. IU~WARNOLD 03186-ClOO-OO1-EMAP-23291 -----_._~--- . - 2-8 C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Rigas PUD boundary prior to preliminary subdivision plat and site development plan submittal, however, the required landscape plans shall be submitted to the Planning Services Department for their review and approval prior to installation. D. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within right- of-ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. F. Landscape berms located within the Rigas PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-way line. G. The required easternmost property buffer shall be in accordance with the minimum requirements of the Collier County Land Development Code except: 1. Adjacent to residential development parcels, the required vegetative buffer, north of the Heritage Greens golf course maintenance facility thence northerly along the eastern property line of the PUD shall be a minimum of fifteen feet (15') in width and shall be planted with canopy trees at an average twenty feet (20') on-center, with a three foot (3') hedge or berm/hedge combination. Required canopy trees within this buffer shall be a minimum of fourteen (14') at time of planting and shall be Oak, Mahogany or similar species. 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout Rigas. Fill material - generated from other properties owned or leased by the developer may be transported and , stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1, if protected by a six foot (6') high fence, otherwise a 4: 1 side slope shall be required. B. Stockpile maximum height: Thirty feet (30') emW-54260 V.r. 041-WARNOLD 031 BB-OOO-OO1-EMAP-23291 . . , . - - _.. 2-9 C. Fill storage areas in excess of five feet (5') in height shall be located no closer than three hundred feet (300') from any existing residential unit or residential unit under construction. D. Soil erosion control shall be provided in accordance with LDC Division 3.7. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit Development'District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. B. Rigas is a planned community and will be developed under unified control. The Developer will establish design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. 2.14 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.15 AGRICULTURAL ACTIVITIES The site is currently used for active row crop agricultural purposes, and associated and accessory uses thereto. These existing agricultural uses shall be pennitted to continue throughout the project site and will be phased out as development occurs within individual parcels. All agricultural activities within the Rigas PUD shall cease within 5 years from the date of the preliminary acceptance of infrastructure improvements for the first platted residential tract. - , 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Rigas PUD except in the Conservation Area. General pennitted uses are those uses which generally serve the Developer and residents of Rigas and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under LDC, Section 2.6.9.1. e1711lll-54280 Vor. 041-WARNOLD 031 e&-000-001.EMAP.23291 ----------------.....-.-.--- , - 2-10 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. 7. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.12 ofthis PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document, the. following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. , , 2. Setback from PUD boundary: See Table '1, Development Standards 3. Minimum distance between unrelated structures - ten feet (10'). 4. Maximum height of structures - See Table I, Development Standards 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Rigas design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. - 2.17 OPEN SPACE REQUIREMENTS , The Collier County Land Development Code requires that mixed use projects maintain open space at a minimum of 30% of the project area. The PUD Master Plan identifies approximately 90:!: acres included in preserve, lakes, recreation tracts and buffers. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the 30% open space requirements of Section 2.6.32 of the LDC for mixed use developments. The area reserved for future Logan Boulevard Extension shall be credited toward meeting the project's open space requirements. 8n1W-s.42eO Vor. 041.WARNOlD 03166-000-001 -EMAP-23291 ,., . . . . ; ., .........., 2-11 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS A. Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable naturally functioning native vegetation on site shall be retained. Seventy-five percent (75%) of the Code required trees and thirty-five percent (35%) of the required shrubs shall be native species. 2.19 SIGNAGE A. GENERAL 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Signs shall be permitted in public or private rights-of-way subject to approval of a Collier County right-of-way permit where applicable. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project right-of-ways may be utilized for decorative landscaped entrance features and signage subject to review and approval from the Planning Services Department for consistency with the requirements set forth herein. a. All project and development signage adjacent to and/or visible from any dedicated County ROW shall be developed in accordance with the LDC, Division 2.5, SIGNS. .- I B. BOUNDARY MARKERS , I , . 1. One boundary marker or monument may be located at each property comer, adjacent Immokalee Road and Logan Boulevard rights-of-way. The boundary marker may contain the name of the subdivision, and the insignia or motto of the development. 2. The sign face area may not exceed 64 square feet in area and may not exceed the height or length of the monument upon which it is located. If the sign is two-sided, each sign face may not exceed 64 square feet in area. eJ719i-54260 Ver. 041-WARNOLD 031 ee-OOO-OO1-EMAP-23291 - ~-------- ,I..., ~ .-'j I . - - 2-12 3. Sign face square footage is calculated by total square footage of name, insignia, and motto only. 4. The setback from any public right-of-way and any perimeter property line shall be 10 feet. 5. Boundary marker signage shall be ground mounted and the sign structure is limited to a maximum height of eight feet (8'). C. ENTRANCE SIGNS 1. Two ground or wall-mounted entrance signs maybe located at each entrance to the subdivisions within the pun. Such signs may contain the name of the subdivision, and the insignia or motto of the development. 2. No sign face area may exceed 80 square feet and the total sign face area of Entrance Signs at each entrance may not exceed 160 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 80 square feet in area. For three-sided signs, the third sign side may only face internal to the subdivision and only the project's name, motto or insignia may be displayed. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from the public right-of-way, and any perimeter property line shall be IS feet. 4. Entrance signs may not exceed a height of 8 feet above the finished grade level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than the highest crown elevation of the nearest road. n. CONSTRUCTION ENTRANCE SIGNS -. 1. One sign, a maximum of 20 square feet in size, shall be permitted at each . construction entrance, to identify the entrance. The sign may also advertise employment for construction trades. No building permit is required. llfllVe-542eO Vor. lUl.WARNOLD 031M-OOO-OO1-EMAP-23291 -",,,.. .-..- , - , ;' _ d -,"" - .. 2-13 E. INTERNAL SIGNS 1. Directional or identification signs may be allowed internal to the development. Such signs may be used to identify the location or direction of approved uses such as, but not limited to models or model sales centers, club house, or recreational areas. Individual signs may be a maximum of 8 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of 8 feet. There shall be no maximum number of permitted directional or identification signs. 2. Real Estate signs with a maximum size of 4 square feet per side may be permitted in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", or similar verbiage. No building permit is required. 3. Grand Opening signs: The developer may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on-site for the first three months that the occupant is open for business. F. RECREATION CENTER SIGNS 1. Signs within the recreation center shall be required to adhere to provisions of the Collier County LDC, Division 2.5, SIGNS, unless a unified signage plan is submitted and approved by the Planning Services Department Director at the time of final site development plan approval. The unified signage plan, if utilized, will indicate signage location, dimensions, and architectural style. All signage will be of a pedestrian scale and shall be designed in a uniform character. Signage within community recreation tracts shall not be visible from any public road right-of-way.. G. TRAFFIC SIGNS - 1. Traffic signs such as street signs, stop signs and speed limit signs may be designed to reflect a common architectural theme. The placement and size , of the signs will be in accordance with DOT criteria. 2.20 SIDEW ALKSIBIKEP A THS A. Pursuant to LDC Section 3.2.8.3.17 and Section 2.5 of the Rigas PUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. 817fW.542eO v.~ D41-WARNOLD 03188-00ll-001.EMAP-23291 .." ---,-~-_..._. - .. - . ~ . . . " ,.....' " ~ - . .;, 2-14 2. Sidewalks may be located outside platted rights-of-ways, when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. 2.21 SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS A. The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. .-. I em9t-542eO Ver. 041.WARNOLD 03188-000-001.EMAP.23291 ---,---..--. -~-_._-_._- .. , - , - . .." 3-1 SECTION III RESIDENTIAL 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Rigas designated on the Master Plan as "R", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 725 approved residential dwelling units may be constructed on lands designated "R," Residential on the PUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designated as "R," Residential on the Master Plan are designed to accommodate a full range of residential dwelling types, general permitted uses as described by Section 2.16, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as "R", Residential is indicated on the PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES 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: -- I. Single Family Attached and Detached Dwellings, Townhomes. , 2. Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4. Multi-Family Dwellings including Coach Home and Garden Apartments. 5. Model Home Center including offices for project administration, construction, sales and marketing. 1lI2I99-63421 v.., OI!.VIUNE 03166.ooo~'II.EMAP.13191 -------- .__...~.._._...w._._ . , , ~ - ....., : ,,,, .' '. " .,' . ,/ .- .'< ,'J. ... -" ~. ", ,. " . ,', , -~ " ,. .- ' -. , , . ; , .- ~~ . '. ...., - e. , _. : . ~." .of . .1.,..... ~ .... '.. 3-2 6. Recreational facilities such as parks, play grounds, and pedestrian/bikeways 7. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in Section III, Residential. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the area identified as Residential on the PUD Master Plan. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for land uses within the Rigas PUD Residential area. B. Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Rigas design guidelines and standards, are to be in accordance with the LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not speci!ically set' forth in Table I shall be in accordance with those standards of the zoning district which is most similar to the - . proposed use. I E. In the case of residential structures with a common architectural theme, the required property development regulations of Table 1 may be reduced, provided a site development plan is approved by the Planning Services Director or his designee, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Within these types of developments, housing structure types including lot orientation may be mixed within the same development tract provided appropriate setbacks to meet minimwn fire codes are provided between the lots or tracts in accordance with Table I. Compliance with this criteria shall be 1/2199-6]421 Vcr; OIl.VRINE 0] 166.ooo.tMlI.EMAP.2329I ~.,-._._--~ --.... . - 3-3 demonstrated by the submittal of architectural schematics and building elevations, signed and sealed by an Architect registered in the State of Florida. F. During the Platting process, the developer shall identify the specific housing type intended for each platted tract. G. Detached dwelling unit types shall be subject to the below architectural duplication rules: 1. No identical homes shall be placed next to each other (Le. same floor plan with the same exterior color scheme) 2. No more than three (3) of the same floor plan may be placed next to each other. 3. No more than three (3) of the same color scheme may be may be placed next to each other. H. Only detached dwelling unit products shall be constructed in the development parcels abutting the western property boundary of the Heritage Greens PUD, north of the Heritage Greens golf course maintenance facility. -- I 8I2J9').(jl421 Vcr: Olt-VRINE Oll~-OOI-EMAP-21291 ---'..'_"0 ....-.,-,- ------------------.--- , . " - '. ~ " . - 3-4 TABLEt RIGAS PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA SINGLE F AMIL Y PATIO~~ & TWO F AMIL YI SINGLE F AMIL Y MULTI F AMIL Y DETACHED ZERO LOT LINE DUPLEX A IT ACHED/ DWELLINGS TOWNHOME*8 Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF *4 3,500 SF NA Minimum Lot Width *5 40 35 35 35 NA Front Yard Setback (Principal and Accessory) ,20*3 20*3 20*3 20*3 20*3 Front Yard for Side Entry Garage 12 10 10 10 12 Rear Yard Setback (Principal) * 1 10 10 10 10 15 Rear Yard Setback (Accessory)* I 5 5 5 5 5 Side Yard Setback 5 o or 5*6 o or 5*6 Oor5*6,7 NA Maximum Height *2 35 35 35 35 50 Floor Area Minimum (SF) 1200 SF 1000 SF 1000 SF 1000 SF 800 SF Minimum Distance Between 15feet ,5 SBH or 15 feet Principal Structures 10 5 or 10 5 or 10 *7 *7 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of detennining setback requirements, Front yards shall be measured as follows: A, If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. Sidewalks shall be located within the right- of-way, *1 - With approval of Design Review Committee, rear yard setbacks for principal structures on lots which abut, lake, open space, or preserve area. Setback from lake for all accessory uses may be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Design Review Committee and Project Plan Review, *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the rootline of the structure, *3 - Units with side entry garage may have a 12' front yard setback, Units with front entry garage must have a minimum 20 foot front yard setback, *4 - Each halfofa duplex unit requires a lot area allocation ofJ,Soo S,F. for a total minimum lot area of7,000 S.F. *5 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. --'I) - Zcro feet (0') or a minimum offivc fcet (5') on cithcr side except that where thc zero foot (0') yard option is utilized, the opposite side of the structure shall havc a ten JOt (10') yard, Zero foot (0') yards may be used on eithcr side of a structure provided that thc opposite ten foot (10') yard is provided, Patios, pools and screcn enclosures , may encroach into thc 10' yard and may attach to thc adjoining dwelling provided an easement is granted from the adjoining dwelling unit owner. Where this option is used, a conceptual site plan for all lots platted for patio and zero lot line shall be submitted to the Building Dept with the application for the first bldg, Pennit This plan will be used to detennine the 10 foot spacing requirement between structures, *7 Distance betwccn principal structures not inclusive of garages. *S-Townhomc is a group ofa three or more single family dwelling units attached to each other by a single common wallar roof wherein each unit has direct exterior access (inclusive of garage access) and no unit is located above another, and each unit is completely separated from any other(s) by a rated firewall, and wherein the land may be subdivided into individual lots, be held in common ownership, or any combination thereof, *9-Patio Home is a detached or semi-detached unit for a single family with onc (1) dwelling unit from ground to roofwhcrein each dwelling unit lot is enclosed by a wall located at the lot line, thus creating a private yard between the house and the wall. 1/2199-63421 Vcr: O\l.VRINE 03166-OOO-l10,.EMAP.23291 ._~"-,- ---.-- - ---------------- ~ 4-1 SECTION IV RECREATION CENTER 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Rigas PUD designated on the Master Plan as REC, "Recreation Center." 4.2 GENERAL DESCRIPTION The approximate acreage of the Recreation Center is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. The Recreation Center is designed as a mixed use area which will accommodate a variety of active recreational and personal services for Rigas residents and guests. 4.3 PERNUTTED USES AND STRUCTURES 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. Recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings, playgrounds, playfields, and tennis courts. B. A maximum of 10,000 square feet of gross building area may be utilized for a variety of convenience commercial and personal service uses including, but not limited to, real estates sales offices, restaurants, delicatessen, convenience market, satellite banking, auto washing, postal station, and beauty salon. Any other personal service facility of a similar nature to those listed above shall be authorized by the - Collier County Planning Services Department Director. C. Permitted Accessory Uses and Structures . 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 11/2I99-63421 Vcr. OIl-VRlNE 03166.000.00 I-EMAP-l32'1 ._._.-..._~ " ,. -< ..... , . ,- 4-2 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Resort/Village. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: l. Front Yard: Twenty-five feet (25') 2. Side Yard: Fifteen feet (15'). 3. Rear Yard: Fifteen feet (15'). 4. Setback from a lake (or conservation area) for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50); except clock towers or similar architectural features, which shall be permitted up to sixty-five feet (65'). D. Minimum distance between principal structures - Ten feet (10') or greater if required by local fire codes at time of development. E. Minimum distance between accessory structures - Ten feet (10'). F. Parking for uses and structures constructed in the Recreation Center: one (1) space per 300 square feet - ! 812/99-63421 Vcr: Oll-VRINE 03J~~lOl-EMAP.23291 __._A .r,., - I ,-' " . . A' . ,-- 5-1 SECTION V PRESERVE AREA 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within Rigas designated on the Master Plan as "P", Preserve Area. 5.2 GENERAL DESCRIPTION Areas designated as "P", Preserve Area on the Master Plan are designed to accommodate conservation, passive recreation and limited water management uses and functions. The approximate acreage of the Preserve Area is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of preserve areas will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks and nature trails (excluding asphalt paved trails), shelters. 2. Water management facilities, with approval by Collier County Environmental and Engineering Review. 3. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Conservation Area. - I 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. From PUD or external Development tract boundary: Fifteen Feet (15') From Internal tract boundary: Ten Feet (10') 112/99-<53421 Ver. Oll-VRINI! 0316lHlOO-OO I-EMAP-2329\ -- ---~--------~--~--------- .. , ... ~ ~ ." , '.. " , ;.,- .- 5-2 2. From Lake/Preserve: Zero Feet (0') B. Maximum Height of Structures: Twenty-five Feet (25') - I ~421 Vcr:OII-VRINE 03166-000-00 l-EMAP-23291 "_."-"-"'~"'""- ----~----------------_._.- , , . , 'v " ; .~ -.e .- 6-1 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Rigas project. 6.2 PUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. B. The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 6.3 ENGINEERING A. Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. 6.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be ..- constructed throughout the project by the developer. Potable water and sanitary I sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 88-76, as amended, except as may be provided in Section 2.4 of this document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. llI2/99.o3421 Vcr: OII-VRINE 03166..000..00 I-FMAP.n 7()1 , ,"'- .'~ . . '-, - 6-2 C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this document. 6.5 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. C. The Rigas conceptual surface water management system is described in the Surface Water Management and Utilities Report which has been included in the PUD Rezone application materials. D. The Public Works Engineering Department and the Collier County Stormwater Management Department shall review and. approve the project's Water Management System for compliance with the Harvey Drainage Basin. 6.6 ENVIRONMENTAL A. A mitigation plan for impacts to jurisdictional wetlands will be submitted during the subdivision platting and/or site development plan review process to insure that jurisdictional impacts are mitigated pursuant to Collier County, DEP, ACOE, and SFWMD Rules. B. In accordance with SFWMD Rules, the hydroperiod of large contiguous areas of preserved wetlands will be enhanced by setting water management control - elevations at levels which will maintain wet season control elevations, while , providing flood protection for residential development. C. Wetland buffers shall be provided in accordance with Army Corps of Engineers and South Florida Water Management District rules. D. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within 619199-$4260 v..: 041-WARNOLD OJ 166..{)(KHMH-EMAp.2J291 --.,~----_. -----,------- -~ ;: ~'V J. .~. , ' . , . .' . - , '. -. , , . .- 0 6-3 all conservation/preservation areas shall be submitted with the above-mentioned plan. E. A non-exclusive conservation easement or tracts shall be established on the plat for areas identified as Preserve on the PUD Master Plan, in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. 6.7 TRANSPORT A nON A. The developer will provide for a reservation of land up to 125 feet in width along that portion of the project that abuts the future Logan Boulevard corridor. Any required landscape buffer for the development shall be located outside the limits of said reservation. In the event the land is donated to the County, the developer may be eligible for impact fee credits as permitted by the Road Impact Fee Ordinance. If dedicated to the County, dedication of this land shall occur within 120 days of any request to the developer from Collier County, once under the equitable control of the developer. The right-of-way reservation shall not be utilized in meeting the minimum landscape buffer requirements for the PUD. B. The developer will provide for a reservation of land of 50 feet in width along the northern property boundary to accommodate the programmed Immokalee Road four-Ianing improvements. Dedication of this land to Collier County shall be in conjunction with final subdivision plat approval of the first phase of development or within 120 days of any request to the developer from the County, once under the equitable control of the developer, whichever is earlier. In the event the land is donated to the County, the developer may be eligible for impact fee credits as permitted by the Road Impact Fee Ordinance. C. The PUD Master Plan depicts a conceptual access location to Logan Boulevard. The ultimate access location to Logan Boulevard shall be coordinated with the Collier County Transportation Services Department and shall be consistent with - the Collier County Access Management Policy, Resolution 92-422, as may be amended. , D. All project access points shall be consistent with the Collier County Access Management Policy, including turn-lane specifications. Access to the project from Immokalee Road shall be restricted to right-in/right-out and left-in only, until such time that connection to Logan Boulevard occurs, or other access configurations are deemed appropriate by Collier County Transportation Services Staff. 619199.54260 Ver: 041-WARNOLD 03166"'Nl"')I-EMAP-21291 .----..,---- " :-':" 'It . - f " , c - - , -. , ~ -. . . --- , . 6-4 E. Arterial level street lighting shall be provided by the developer at all project entrances, prior to issuance of a certificate of occupancy, with the exception of the permitted model center. F. If any of the entrances are to be gated, the gates and gatehouse shall be designed and located so as not to cause vehicles to be backed up onto Immokalee Road and the future Logan Boulevard. G. The Developer, his heirs, successors or assigns shall provide a fair share contribution toward the capital cost of a traffic signal at the intersection of Logan Boulevard and Immokalee Road when deemed warranted by the Collier County Transportation Department. The signal will be owned, operated and maintained by Collier County. H. The developer shall dedicate required land up to twelve feet in width for a right turn lane from Immokalee Road. The Developer shall dedicate this land as part of the Immokalee Road right-of-way and the dedication shall not be eligible for impact fee credits. Dedication of the land to Collier County shall be in conjunction with final subdivision plat approval or within 120 days of any request to the Developer from the County, once under the equitable control of the developer. I. A pedestrian/golf cart interconnect to the Heritage Greens PUD shall be permitted as indicated on the PUD master plan. , ...... - , 619199.54260 Vcr: 041-W ARNOlD t'l'tl,r;,o;JV'lO.lYlI C"./IoD """'01 .-._--._-- . , .- , .' \ . .,' EXHIBIT "B" LEGAL DESCRIPTION AND PROPERTY OWNERSIDP Parcel 1- The West ~ of the Northeast ~ of the Northeast ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida less the North 100 feet thereof. Parcel II - The West ~ of the Southeast ~ of the Northeast ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel III - The East ~ of the Southeast ~ of the Northeast ~ of the Northwest ~ of Section 28, Township48 South, Range 26 EaSt, Collier County, Florida. Parcel IV - The West ~ of the East ~ of the Southeast ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel V - The East ~ of the Southeast ~ of the Southeast ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel VI - The East ~ of the Southwest ~ of the Southeast ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII - The Northwest ~ of the Southwest ~ of the Southeast ~ of the Northwest ~ and the East ~ of the Southwest ~ of the Southwest ~ of the Southeast ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel VIII - The West ~ of the Northwest ~ of the Southeast ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel IX - The East ~ of the Northeast ~ of the Southwest ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida . I . ,- Parcel X - The North ~ of the Northwest ~ of the Southwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. , Parcel XI - The West ~ of the Northwest ~ of the Northeast ~ of the Southwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. I I Pm:cel XII - The East ~ of the Northwest ~ of the North~ast ~ of the Southwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Clll9f.lJt500 v.., OIl.WAaNQl.D 0l1_1.\II!I5-1JZI6 ---. " 0- ..' . ,'.... ' ~ ' , .~.~, '" .. .' '. ~. . J " . "',' -~'.. . . . ,',_J .' ' " : .- 0- '. . 0- . .~ , . " " - .. ' .,.- ," '.. . - 0- .-.'-- .' , " ... Parcel XIII - The Northeast y.. of the Northeast y.. of the Southwest y.. of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XIV - The'South'~ of the Northwest y.. of the Southwest y.. of Section 28~ Township 48 South, Range 26 East, Collier County, Florida. Parcel XV - The South ~ of the Northeast y.. of the Southwest y.. of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XVI - The Southwest y.. of the Southwest y.. of Section 28, Township 48 South, Range: 26 East, Collier County, Florida. ' , Parcel XVII - The West ~ of the Southeast y.. of the Southwest ~ and the West ~ of the Southeast y.. of the Southeast ~ of the Southwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XVIII - The Northeast y.. of the Southeast y.. of the Southwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XIX - The East ~ of the Northwest y.. of the Southeast y.. of the Northwest y.. of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel XX - The East ~ of the Southeast ~ of the Southeast y.. of the Southwest y.. of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel A - The West ~ of the Southwest ~ of the Southwest ~ of the Southeast ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East,:Collier County, Florida, excepting those oil and mineral rights of record previously reserved and subject to the reservation of right of way easements in, upon and under the Westerly 30' feet of described premises, and in, upon and under the 60' feet running West to East, begi~ng at the aforementioned easement, 165' feet to the Easterly line of premises herein conveyed, at a line which is midway between the - North and South line of the parcel herein described. , Parcel B - The East ~ of the Southeast ~ of the Southwest ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, excepting therefrom the North 100' feet thereof, Collier County, Florida. I I Parcel C - The West ~ of the Southeast ~ of the Southwest ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, excepting those oil and mineral rights previously reserved, and subject to the reservation of right of way easement, in, upon and ,under the South _St. Vcr. OIt.WAlUlOl.D OJI_I.VEIS>UJ" --".,,_.,~- " .' ,- ~ I: .. .'_ J . .. ,"', ",' ... ';" F ' , '. '" " . ,-:. l F - ,: , '. " -,~ ." ,. '. ,,-. ~ - -..- . . ,- .. 30' feet of described premises for the usual purposes of ingress and egress and for possible future roadways, utilities, and services for public use. Parcel D - The East % of the East ~ of the Southwest ~ of the Southwest ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. Parcel E - The West ~ of the East ~ of the Southwest ~ of the Southwest ~ of the Northwest ~ of Section 28, Township 48 South, Range 26 East, Collier County, Florida. PROPERTY OWNERSHIP Parcel I: Constantine J. Rigas, Trustee of the Constantine 1. Rigas Trust Parcel II: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel III: Constantine 1. Rigas, Trustee of the Constantine J. Rigas Trust Parcel IV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel V: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel VI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel VII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel VIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel IX: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel X: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XI: Constantine 1. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XIV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XV: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XVI: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XVII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XVIII: Constantine J. Rigas, Trustee of the Constantine J. Rigas Trust Parcel XIX: G.L. Homes of Naples Associates, Inc. Parcel XX: G.L, Homes of Naples Associates, Inc: , Parcel A: Betty M. Fratarcangelo & Louis C. Capasso ,- Parcel B: Ghassoub & Mary Frangie ! Parcel"C: Lester J. Richards Parcel D: Janis Bell Sharpe Parcel E: Fred Reisman I , __Vcr. Oll-WAJUIOLD O'U56.-.aaI-VEIs-n216 ",' . , -'~, -- . , -, -, ,.. ... . -', . , . . . , . . . - . '. "' - -- .. '. - -. . , ~ , ""., . . 7 '~.. , ~ ,\.~,'". " ~ . ,. ., ~. ~ <, - . -" . . ~ -:. ",' ~'; ~. : , -- '" ',' . ; I- 1: :So -- ...-... ...- ,. . , t_ ___ C ,:- ~ I --.-.. r ~: N~ 1::t3J.S\ft1 CJf'ld ,. /;'; i .1 . 1 . ... t t., !. -~'. .:-::.~~~~-,~.,.. :, . " ~ .'.. .. . , '", . J: "'1) . 'wi. . ..... '~:;IlllW . ~()S"II.tl ~ u ~ ~ ~~ OYOII ~ I ~, ~ ~ ~ <C ::.l - ! 1- _ ; - ,'. L . i.2",..;l~ ,) H '; -. ... ~ ... ... ". UI . .. ~ ~ ,n.\: . J I ~ ~ J~ ' , 0 ~~ :', . iit" ~I I i Lii; i ~lil 1111~lilh ~l!!~ ;IU ii~t ~ g ~ hU ~ilM! h~~ hit ~u\/ I <C .--.--.- .... --_. a: - , . a: : . " ~ - _._._____m_ STATE OF FLORIDA) - COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-57 Which was adopted by the Board of County Commissioners on the 3rd day of August, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of August, 1999. DWIGHT E. BROCK - Clerk of Courts and Clerk " Ex-officio to Board of County co~miSS~~ %~-C~.) fl ~,_/ By: Ellie Hoffman, Deputy Clerk --.-------.-.-.-.-....--.--..--- -.----..." ~-".