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Ordinance 2000-004 ORDINANCE NO. 2000° 0 4 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSWE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 851112, 8607N AND 8607S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL WITH "ST" OVERLAYS TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE RONTO LIVINGSTON PUD FOR A MIXED RESIDENTIAL DEVELOPMENT OF NOT MORE THAN 1,380 DWELLING UNITS FOR PROPERTY LOCATED GENERALLY EAST OF THE FUTURE LIVINGSTON ROAD, WEST OF INTERSTATE 75, AND IMMEDIATELY CONTIGUOUS AND SOUTH OF THE COLLIER/LEE COUNTY BOUNDARY IN SECTIONS 7 AND 12, TOWNSHIP 48 SOUTH, RANGES 25 EAST AND RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 462.72± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of PMS Inc. of Naples, representing Ronto Livingston, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein descnl~ed real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Sections 7 and 12, iFov,,nshi~]lg South, Ranges 25 East and Range 26 East, Collier County, Florida, is changed from "A" Rural Agric~l "ST" Overlays to "PUD" Planned Unit Development in accordance with the Ronto Livingston PUD Ibai:timen--t7, .,,. . hereto as Exhibit A and incorporated by reference herein. The Official Zoning Atlas Map,-~ _~nbe~ed attached 2:O -""l ss1112, 86078 and 8607S as described m Ord,nance Number 91-102, the Colher County Land Vevi~edr'~ode, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this Attest ~ to Chatrmn's stgnlture only. Approved as to Form and Legal Sufficiency l~l~o~ ~tudent ' - -- Assistant County Attorney ,2000. BOARD OF COUNTY C~.Q. MMI-q~NERS COLLIER CO~-~Y~FLORIDA BY~IMO~¥~J. CONSTA~qE, CI3L~IRMAN This ordJn.q,n,_'r: r.,~, .: d wi',h the Se,~' ..',. cf Y~' :::"s OfFice tt~.,. and ~ck~,. ,.'..' :r.~r~'t of i",,zt PUD-99-09/ORDINANCE/TS -1- RONTO LIVINGSTON A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING RONTO LIVINGSTON A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Ronto Livingston, Inc. 3185 Horseshoe Drive S. Naples, FL 34104 PREPARED BY: PMS, INC. of Naples 2335 Tamiami Trail North Suite 408 Naples, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 1/26/00 EXHIBIT "A" INDEX SECTION I SECTION II SECTION IH SECTION IV SECTION V SECTION VI List of Exhibits and Tables Statement of Compliance Property Ownership, Legal General Description and Short Title Project Development Residential Development Areas Golf Course, Open Space Preserve District General Development Commitments ii 111 1-1 2-1 3-I 4-1 5-1 6-1 LIST OF EXHIBITS AND TABLES EXHIBIT "A" TABLE I TABLE II Planned Unit Development Master Plan Land Use Summary Development Standards ii STATEMENT OF COMPLIANCE The development consists of 463+/- acres of property in Collier County as a Planned Unit Development to be known as the Ronto Livingston PUD which will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. The Ronto Livingston PUD is a single and multi- family residential community with associated recreational uses and will be consistent with th applicable elements of the Collier Growth Management Plan for the following reasons: The total acreage of the Ronto Livingston PUD is 463 +/- acres. The maximum number of dwelling units to be built on the total acreage is 1380. The number of dwelling units per gross acre is approximately 2.98 units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. The projected density of 2.98 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan which allows 4.0 units per acre as a base density with 1 unit per acre adjustment due to the project interconnection from Livingston Road North as well as Livingston Road East, for a maximum of 5.0 units per acre. The subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. o The project development is compatible and complementary to existing and future surrounding land us as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3. I.L of the Future Land Use Element. o The project development is planned to protect the functioning of natural drainage features and natura groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. in SECTION I 1.1 1.2 1.3 PROPERTY OWNERSHIP & GENERAL DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe ti existing conditions of the property proposed to be developed under the project name of RONTO LIVINGSTON PUD. LEGAL DESCRIPTION Parcel A (79.984 Acres) North ½ of the northeast ¼ of Section 12, Township 48 South, Range 25 East, Collier County, Florida. parcel B (382.739 Acres) All of Section 7, Township 48 South, Range 26 East, lying west of Interstate Highway 75 Right-of-Wa Total Acreage = 462.723 PROPERTY OWNERSHIP The subject property is owned by Ronto Livingston, Inc. 1.4 1.5 GENERAL DESCRIPTION OF PROPERTY AREA Ao The project site is located to the North of the Pelican Strand PUD; bordered on the east by 1-75 the Collier / Lee County line is the north property line; a portion of the western property bordel along Livingston Road North. The zoning classification of the project prior to approval of this PUD document was "Agricultural". .PHYSICAL DESCRIPTION A. The project lies within South Florida Water Management District No. 7. Co Water management facilities for the project will be designed and constructed serving 463+/- acres of residential lands discharging via the Interstate 75 right-of-way with drainage conveyance. Elevations within the site vicinity are fiat. The elevation of the subject site is approximately thirteen feet (13') above mean sea level. The entirety of tile site lies within Flood Zone "X" according to Firm Map #120067 0195 D, map revised June 3, 1986, Firm Map # 120067 0215 map revised June 3, 1986 and Finn Map #120067 0185 D, map revised June 3, 1986. 1.1 Do Surficial sediments on, and in the vicinity of the project are primarily fine quartz sands, and organic loams over shallow limestone bedrock. Specific soil types found on the project include Malabar Fine Sand, Basinger Fine Sand and Boca Fine Sand. 1.6 PROJECT DESCRIPTION The Ronto Livingston PUD is a residential single family and multi-family community with a maximun of 1380 dwelling units. Recreational facilities may be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another i~ natural setting by using common architecture, appropriate screening/buffeting, and native vegetation, whenever feasible. 1.7 ~;HORT TITLE This Ordinance shall be known and cited as the "RONTO LIVINGSTON PLANNED UNIT DEVELOPMENT ORDINANCE". 1.2 SECTION II · PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL Development of the Ronto Livingston PUD shall be in accordance with the contents of the Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate Where these regulations fail to provide developmental standards, then the provisions of the mo.. similar district in the County Land Development Code shall apply. Bo Unless otherwise noted, the definitions of all terms shall be the same as the definitions set fortk in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of the Ronto Livingston PUD shall become part of the regulations which govern' manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, thc provisions of the LDC, where applicabl remain in full force and effect with respect to the development of thc land which comprises thi PUD. EJ Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.1:5, Adequate Public Facilities, of the LDC at the earliest ot next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this Development. 2.1 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan,' including layout of streets and use of land for the various tracts, is iljustrated by Exhibit "A", the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site developmen planning or platting. The final size of the recreation and open space lands will depend on the actual requirements for water management, roadway pattern, and dwelling unit size and configuration. RONTO LIVINGSTON LAND USE SUMMARY TABLE I USE Residential MAXIMUM LAND USE INTENSITY SUMMARY MAX. D.U.'s ACRES 1380 463 +/- (gross) Open Space ~ 60% N/A (Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas) 277 +/- 2.4 RELATED PROJE,,CT PLAN APPROVAL RE,QUIREMENT$ Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, fi plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subseqt to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and t development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.2 2.5 2.6 2.7 The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The developer of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approva of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Utility, road, public and private easements shall be established as required during the SDP and/( plat approval process. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estat such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs shall permitted principal uses throughout Ronto Livingston PUD subject to the requirements of Section 2.6.33.4 of thc Collier County Land Development Code. AMENDMENTS TO PUD DO~,UMENT OR pUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. Fi those areas not maintained by the Master Association, the Developer will create a property owner association(s), or condominium association(s), whose functions shall include provision for the perpet maintenance of common facilities and open spaces. The Master or the property owners' association, applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and reserves serving the Ronto Livingston PUD, together with applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 2.8 DESIGN GUIDELINES AND STANDARDS Collier County planned unit development districts are intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of lane under unified ownership or control, as set forth in the Collier County Land Development Code, Sectiox 2.2.20.1. The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated Seven (7) year time period, any projection of project development can be no more that an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.9 GENERAL PERMITTED U..SES Certain uses shall be considered general permitted uses throughout the Ronto Livingston PUD except i the Preserve District. General permitted uses are those uses which generally serve the Developer and residents of the Ronto Livingston PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Secti¢ 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatmenl 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer, builders, a their authorized contractors and consultants, including necessary access ways, parking areas and related uses in accordance with the Collier County Land Development Code effect at the time permits are requested unless otherwise specified herein. Landscape features including, but not limited to, landscape buffers, berms, fences and walls shall be in accordance with the Collier County Land Development Code in effect the time permits are requested unless otherwise specified herein. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 2.4 Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 2.10 2.11 Setback from back of curb or edge of pavement of any road - Fifteen feet (15'). Guardhouses, gat,houses, and access control structures shall have no required setback, however such structures shall be located such that they do not cause vehicular stacking into the Immokalee Road right-of-way. 2. Setback from exterior property lines - one half (1/2) the height of the structure. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cartpaths may occur within County required buffers; howeve thc width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Developmen Code in effect at the time of Site Development Plan Approval. OPEN SPACES REOUIREMENTS. The PUD Master Plan identifies approximately 277+/- acres included in the Recreation, Landscape/Open Space, Lakes and Preserve District designations. These areas fully satisfy the open space requirements of Section 2.6.32 of the Collier County Land Development Code. NATIVE VEGETATION RETENTION REO!flREMENTS For this PUD a minimum of 44.96 acres of wetland and upland preserve/enhancement area shall be placed under a conservation easement as required by the Ronto Livingston Development Order. This PUD Master Plan has committed, through the environmental permitting process, to identify and pr, se 59 acres of existing native vegetation. 2.5 3.1 3.2 3.3 3.4 PURPOSE SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS The purpose of this Section is to establish land use regulations and development standards for the residential development tracts designated on Exhibit "A", the PUD Master Plan as "R". MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted within the PUD is 1380. The property contains a gross acreage of 463+/- acres and base density of 2.98 dwelling units per gross acre. GENERAL DESCRIPTION Areas designated as "R' on the PUD Master Plan are designed to accommodate a full range of residential dwelling unit types, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the PUD Master Plan. This acreage is base on conceptual designs and is approximate. Actual acreages of all development tracts will be provided the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residenti tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes am water management facilities, and other similar uses found in residential areas. USES PERMITTED A. Principal Uses 2. 3. 4. 5. 6. Single-family detached dwelling units. Single-family and zero lot line dwellings. Single-family attached and townhouse dwellings. Two-family and duplex dwellings. Multiple-family dwellings. Any other principal use which is comparable in nature with the foregoing uses and wh the Planning Services Director determines to be compatible in the "R" District. 3.1 3.5 B. Accessory_ Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Collier County Land Development Code 3. Common area recreational and utilitarian facilities. Any other accessory use which is comparable in nature with the foregoing uses and whi, the Planning Services Director determines to be compatible in the "R" District. DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-5 apply to platted par. el boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Ronto Livingston PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table II shall be established during the Site Development Plan Approval phase as set forth in Division 3.3 of the Land Developme Code in accordance with those standards of the zoning district which is most similar to the proposed use. Eo Off-street parking required for multi-family uses shall be accessed by parking aisles or drivewl which are separate from any roads which serve more than one development. A green space an of not less than ten feet (10') in width as measured from pavement edge to pavement edge sba separate any parking aisle or driveway from any abutting road. Single-family patio and zero lot line dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table II. Housing structure types including lot orientation for single-family detached housing such as z lot line versus non-zero lot line orientations may not be mixed within the same development tract. 3.2 TABLE II RONTO LIVINGSTON COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES Single Zero Lot Two Family Single Family Multi- AND STANDARDS Family Line and Duplex Attached and Family Detached Townhouse Dwelling Category I 2 3 4 Minimum Lot Area 5,000 SF 4,000 SF 3,500*4 3,500 SF 9,000 SF Minimum Lot Width *5 50' 40' 35' Minimum Lot Depth 100' 100' 100' 100' 100' Front Yard 20' *3 20' *3 20' *3 20' *3 20'*3 Side Yard $ 0 or 5' *6 0 or 5' 0 or 5' 15' Rear Yard 15' 15' 15' 15' 15' Rear Yard *1 5' 5' one story 0 or 7.5' 5' 5' 7.5' two story Rear Yard Accessory 10' ! 0' 10' 10' ! Maximum Building Height *2 35 feet 35 feet 35 feet 35 feet 50 feet Distance Between Principal Structures 10' 10' 10' one story 10' 20' *7 0 or 15' two story Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 1000 SF 750 SF Minimum lot areas for any unit type may bc cxcecdcd. Thc unit type, and not thc minimum lot arca, shall dcfinc thc d~vclopmcnt standords to be applied by thc Customer Services Department during an application for a building permit. For nil patio or zero lot linc units, a conceptual exhibit showing typical building configurations shall be submitted to thc Customer Services Department with thc application for the first building permit. The conceptual exhibit may be modified ncedcd. All distances arc in feet unless otbcrwise noted. *i - Rear yards for principal and accessory structures on lots and tracts which abut lake, open space, or preserve roms. Setback from lake for all principal and acccssory uses may be O' providing architectural bank treatment is incorporated into dcsign and subject to written approval from Engineering Rcvicw Section. Front yards shall be measured as follows: A. if thc parcel is served by a public right-of-way, setback is measured from the a~jacent right-of-way line. B. If thc parcel is served by a private road, setback is measured Bom the back ofcurb (if cufned) or edge of pavement (if nM curbed). C. If thc parcel hos frontage on two sides, setback is measured from the side with the shorlest frontage with thc other frontage designated as a side yard. *2 - Building height shall be thc vertical distance measured BOm the first habitable finished floor elevation to the uppermost finisbed ceiling elevation of thc struc Single-family and multi-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than in privat, driveways may reduce the front yard requirement to 15' for the garage. *4 - Each hnlfofa duplex unit requires a lot area allocation of 3,500 SF for a total minimum lot area of 7,000 S.F. *5 - Minimum lot width may be reduced by 20% fo, cul-de-sac lots provided the minimum lot area requirement is maintained. *6 - Zero foot (0') minimum side setback on eitbcr or hotb sidas as long as a minimum i0 fool separation between principal structures is maintained. Patios, pool screen enclosures may encroach into the 10 foot principal structure scparntion and may attach to thc adjoining dwelling provided as casement is granted BOm thc adjoining dwclling unit owner. Where this option is used a conceptual exhibit showing lypical building configurations for patio or zero lot line units shall be sub: lo the Customer Services Department with the application for thc first building permit. This conceptual exhibit will be used to determine the 10 foot spacing requirement between principal and accessory structures. The conccptual exhibit may be modificd as needed. *7 - Building distance may be reduced at garages. 3.3 SECTION IV GOLF COURSE, OPEN SPACE 4.1 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space tracts. The primary function and purpose of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized fol development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Golf Courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utility pumping facilities and pump buildings, utility and maintenanc, staff offices. 5. Public administrative facilities. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic ar, fitness trails and shelters. Any other principal use which is comparable in nature with the foregoing uses and wt the Planning Services Director determines to be compatible. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the principal uses permitte, this district. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters snack bars a golf course maintenance yards. 4.1 4.3 3. Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Any other accessory use which is comparable in nature with the foregoing uses and whi~ the Planning Services Director determines to be compatible. _DE..YELOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') fi.om Golf Course / Open Space District boundaries and private roads, and twenty - five feet fi.om all PUD boundaries al residential tracts. B. Accessory structures shall be set back a minimum of ten feet (10') fi.om Golf Course / Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries ant residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. D. Maximum height of structures 1. Principal Structures - 2 stories or thirty feet (30'). 2. Accessory Structures - I story or fifteen feet (15') E. Minimum distance between principal structures - ten feet (10% F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Parking for the community center/clubhouse shall be three spaces per every one thousand (1,0 square feet of gross floor area, which shall be considered inclusive of the required golf course parking. I. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor a~ea standards apply to principal structures. 4.2 5.1 5.2 5.3 SECTION V PRESERVE DISTRICT PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within th~ Ronto Livingston PUD community designated on the Master Plan as the Preserve District. GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration m enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of the Ronto Livingston PUD residents. USES pERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in p~ for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses 2. 3. 4. 5. 6. 7. 8. Parks, passive recreational areas, boardwalks. Biking, hiking, and nature trails. Equestrian paths. Wildlife sanctuary. Pathways and or bridges, subject to appropriate approvals by permitting agencies. Recreational shelters and restrooms, in Preserve upland areas. Drainage, water management, and utilitarian facilities, subject to all needed permits. Any other accessory use which is comparable in nature with the foregoing uses and wl the Planning Services Director determines to be compatible in the Preserve District. 5.1 5.4 DEVELOPMENT STANDARDS Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a lake, non-jurisdictional open space or native vegetation preservatioi areas may be zero feet (0') except that an architectural bank treatment shall be incorporated in t~ the design. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'). D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Ronto Livingston Community Design Guidelines and Standards, are to be in accordance with the Collier County Land Development Code in effect a the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Clearing of preserve areas shall not be permitted if doing so brings the remaining acreage belo the minimum requirement of 44.96 acres. PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdic! over Preserve District lands. In addition to complying with the provisions of the Collier County Lan~ Development Code, said easement shall be provided in accordance with the terms set forth in any applicable permit granted by other agencies. The Developer, its successor(s) or assigns including any the master property owners' association shall be responsible for control and maintenance of lands wit the Preserve District. 5.2 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plats, and all applicable State and local laws, codes, and regulation applicable to this PUE Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this Project even if the land within the PUD is not to b platted. The Developer, his successor and assigns, shall be responsible for the commitments outlined this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this document. 6.3 PUD MASTER PLAN Exhibit "A", the PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code PUD amendments may be made from time to time. Be 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 proje The following shall be considered minor changes and refinements, subject to the limitations Section 6.3A of this PUD: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation featur, a result of regulatory agency review. Reconfiguration of lakes, ponds, canals, or other water management facilities where changes are consistent with the criteria of the South Florida Water Management Distt and Collier County, and where there is no further encroachment into preserve areas. 6.1 3. Reconfiguration of design features. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUl2 5. Reconfiguration of residential parcels when there is no encroachment into preserve area 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT ~ND SUNSET PROVISION Initiation of construction on the Ronto Livingston PUD project is contemplated in the calendar year 2000 with completion of the project infrastructure anticipated to occur in stages. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3 of the Collier County Land Development Code. The Project is subject to the sunsetting provisions of Section 2.7.3.4 of the Land Development Code. 6.5 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use. space within a common building for the purpose of accommodating the function of an electoral pollinl place. An agreement shall be recorded in the Official Records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest to the Developer that acquire ownership of such common areas including, but not limited to, condominium associations, homeown~ associations, or community recreation / public buildings / public rooms or similar common facilities t be used for a polling place if determined to be necessary by the Supervisor of Elections. 6.6 SUBDMSION REOUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A perimeter berm if required shall be in conformance with Section 2.4.4.18 of the Land Development Code. Trees and shrubs shall be planted along the base of the berm so as to visually soften tt appearance of the side of the berm. 2. Trees shall be a minimum of 75% native species. 3. Shrubs shall be a minimum of 35% native species. B. Sidewalks / bike paths shall conform with subsection 3.2.8.3.17 of the Land Development C~ 6.2 Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16. of the Land Development Code except as follows: Cul-de-sacs and'local streets less than one thousand feet (1,000') in length are required have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. All other cul-de-sacs are required to have a minimum forty foot (40') right-of-way widtt and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. All other local streets are required to have a minimum forty foot (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. Cul-de-sacs may exceed the one thousand foot (1,000') length maximum of Subsection 3.2.8.4.16.6 of the Land Development Code. Tangents between reverse curves shall not be required as per Subsection 3.2.8.4.16.10. of the Land Development Code. Street grades may exceed the four percent (4%) maximum of Subsection 3.2.8.4.16.14, the Land Development Code provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHT criteria are met. Land Development Code, Subsection 3.2.8.3.19: The standard that street name markel shall be approved by the County Engineer and conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. Land Development Code, Subsection 3.2.8.4.10: The standard that PRMs be installed a typical water valve cover shall be waived subject to monumentation being installed i accordance with Chapter 177, Florida Statutes. Land Development Code, Subsection 3.2.8.4.16.8: The minimum back of curb radii t internal roads shall be 30 feet with the exception that both entrance road intersections shall have curb radii of 40 feet. 10. Land Development Code, Subsection 3.2.8.4.16.9: The minimum 100 foot tangent standard at intersections may be reduced subject to a certified traffic study based upm design speed, site distance and adequate recovery zone. This requirement shall not b~ waived at both project access points. 11. Land Development, Code Subsection 3.2.8.4.21: The standard for blank utility casinl shall be waived. 6.3 6.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions The applicant shall install arterial level street lighting at the project entrance prior to the grantin of any Certificates of Occupancy for the Project. Bo Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. The project access shall be located and designed in accordance with the Collier County Access Management Plan applicable to this Project. Ronto Livingston Development will bc reviewed in accordance with Division 3.15 of the Adequate Public Facilities provisions of the Land Development Code. For the north/south Livingston Road segment fronting the Ronto PUD, the Developer shall dedicate and convey 50 feet of fight-of-way in fee simple title along with a 15 foot wide easement for utility and/or fight-of-way purposes. For the Livingston Road east/west segment, the Developer shall dedicate and convey' 200 feet of right-of-way in fee simple title north of th{ section line of Section 12. This north/south and east/west specified right-of-way and utility easement shall be transferred to Collier County within 3 months of a request by the County or 1 later than January 1, 2002 whichever date is earlier. The County shall provide appropriate road impact fee credits for the required right-of-way and utility easement. Collier County shall pay amount for the fight-of-way based on professional land appraisals based on fair market value a was prior to the rezone. The Developer shall be financially responsible for the cost of revising and supplementing Cou roadway and utility design plans for Livingston Road to accommodate access, drainage, and utility needs for the Project. Go As a condition of the approval by Collier County of the permanent access along north/south Livingston Road, the Developer shall obtain a written statement of no objection by the Lee County Transportation Department. Ho The Developer shall be financially responsible for the cost of removing, relocating, and repla{ existing Florida Power and Light Company power facilities along the entire frontage of the north/south Livingston Road segment, also being the easterly border of the Project with said Livingston Road. The Developer shall provide lake or pond storage for stormwater attenuation and stormwater water quality for the ultimate four or six lane condition of the proposed east/west Livingston Road segment fronting the Project. Collier County shall determine appropriate compensatior the Developer for such provisions as part of an agreement for roadway access construction ar fight- of-way conveyance. Collier County shall either grant road impact fee credits to the Developer or issue direct monetary cash payments for such stormwater management commitments as to be determined in the aforesaid agreement. 6.4 The Developer shall pay its fair share cost of traffic signals required at the Project access points. The traffic signals will be designed, installed, owned, operated, and maintained by Collier County. The Developer, or its assigns, shall be responsible to install and perpetually maintain noise mitigation/abatement systems along the north/south and east/west segments of Livingston Road This requirement is based upon noise studies by the Developer together with vehicular traffic forecasts under the 2,4 and 6 lane conditions. The Developer shall be financially responsible to design and construct approved roadway acces and turn lane facilities for north/south and east/west Livingston Road segments on either or bet the two-lane and four-lane conditions. 6.8 .UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditior Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance wi the County's established rates. Co The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County' Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Stubs for future system interconnection with adjacent properties shall be provided to t property lines of the project at locations to be mutually agreed to by the County and tX Developer during the design phase of the project. D. Ronto Livingston Development will be responsible for extending the utilities to its entrance. 6.5 6.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following condition Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be the sole mitigation method for impacts to Collier County jurisdictional wetlands. Ail conservation areas shall be designated as conservation/preservation tracts or easements on l construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with Sectiol 3.2.8.4.7.3 of the Collier County Land Development Code. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Flork Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, wit emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval Petitioner shall comply with the guidelines and recommendations of the Florida Game and Fre Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. As required by the Ronto Livingston Development Order, the petitioner shall follow the Unite States Fish and Wildlife Service's (USFWS) Standard Protection Measures for the Eastern lnd Snake and shall prepare an Eastern Indigo Snake Protection Plan. The Plan shall be approved the USFWS and shall include: (1) a protection/education plan; (2) a listing of environmental personnel charged with overseeing/coordinating protection measures, and {3) selection of a suitable relocation site prior to the initiation of clearing or construction activities. Only on an individual who has previously qualified under a USFWS ESA section 10(a)(l)(A) permit, or' has been appropriately authorized by the Florida Fish and Wildlife Conservation Commissior (FFWCC) will be permitted to come into contact with or relocate an Eastern Indigo Snake. 6.10 ENGINEERING A. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submittal for development approval. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Prior to Final Site Development Plan approval a Right-of-Way Permit will be required. 6-6 6.11 WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.: of the Collier County Land Development Code and SFWMD Rules. The petitioner shall obtain ali necessary state, federal and local water management related approvals, prior to final development order approval. De The petitioner shall comply with the Regional Planning Council Staff Recommendations regarding water management related conditions, and shall comply with Collier County's Development Order No. DO-99-2. 6.7 6.12 PLANNING Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or o~her construction activity a historic or archaeological artifact is found, development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.13 ACCESSORY STRU.CT .URES. Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' and builders' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing consistent with applicable requirements of the Land Development Code. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 6.14 SIGNS All signs shall comply with Division 2.5 of the Collier County Land Development Code in effect at tk time of building permit application. 6.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Colliel County Land Development Code in effect at the time of building permit application. 6.16 pROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl. The excavation of earthen material and its stockpiling in preparation of water management facilities, other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the Project site are such that there is a surplus of earthen material, then its off-site dispos; also hereby permitted subject to the following conditions: Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Collier County Land Development Code whereby off- removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the t volume excavated unless a commercial excavation permit is received. All other provisions of said Division 3.5 of the Collier County Land Development C~ are applicable. 6.8 RONTO LIVIN~STON PUD MASTER PlAN STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for th~ Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2000-04 Which was adopted by the Board of County Commissioners on the 25th day of January, 2000, during Regular Session. January, 2000. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of z.,: ~ ~.. ,, ,. :~ ~ .. DWIGHT E. BROCK Clerk of Courts Ex-officio to Board County Commissioners By: Ellie Hoffman, Deputy Clerk