Ordinance 2000-016i ORDINANCE NO. 2000- 1. 6
N ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER
OUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE
OMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBER 9618N; BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A"
AGRICULTURE TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
WHIPPOORWILL LAKES PUD FOR A MIXED USE RESIDENTIAL
DEVELOPMENT NOT TO EXCEED 518 DWELLING UNITS, LOCATED ONE-
QUARTER MILE SOU-TH OF PINE RIDGE ROAD (C.R. 896) AND NORTH OF
NIGHT HAWK DRIVE BETWEEN WHIPPOORWILL LANE AND INTERSTATE 75
IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 76.85+ ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, William L. Hoover, AICP, of Hoover Plao~ing, representing Mark Bates, 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,
Florida:
SECTION ONE:
The zoning classification of the herein described real property located in Section 18, Township 49 South,
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
Range 26 East, Collier County, Florida, is changed from "A" Agricultural to "PUD" Planned Unit Development in
accordance with the Whippoorwill Lakes PUD Document, attached hereto as Exhibit "A"
and inco ed
reference herein. The Official Zoning Atlas Map Number 9618N, as described in Ordinance Numbe~gI~102~e
Collier County Land Development Code, is hereby amended accordingly.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this
. 0oo.
ATFEST:
Attest as to ChaPman's
$ ign ture onl
Approved as tO ~'orm
and Legal Sufficiency
Marjor0~-M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COL~RIDA
This ordinance fi!~d
S'cd~;'s G!";icc ~,'.' ':
SecreI'gry of~--'-- ,5,
filing rc~:ved ~J:~s
g/PUD-98-20 ORDINANCE/ts
-1-
WHIPPOORWILL LAKES PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
GULF SUN CORPORATION
MARK BATES, PRESIDENT
533 TURTLE HATCH LANE
NAPLES, FLORIDA 34103
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING
3785 AIRPORT ROAD NORTH, SUITE B
NAPLES, FLORIDA 34105
and
TONY PIRES
WOODWARD, PIRES & LOMBARDO, P.A.
801 LAUREL OAK DRIVE, SUITE 640
NAPLES, FLORIDA 34108
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
EXHIBIT 'W'
March 19, 1999
March 14, 2000
July !5, 1999
March 14, 2000
2000-16'
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION IIIRESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
PAGE
ii
III
1
3
5
8
14
15
ii
LIST OF EXHIBITS
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
EXHIBIT "D"
EXHIBIT "E"
EXHIBIT "F"
EXHIBIT
PUD MASTER PLAN
PUD WATER MANAGEMENT PLAN
DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING
DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING
DEPICTION OF PROJECT ENTRY SIGN
DEPICTION OF PROJECT ENTRY SIGN
LEGAL DESCRIPTION
111
STATEMENT OF COMPLIANCE
The development of approximately 76.85+ acres of property in Collier County, as a
Planned Unit Development to be known as Whippoorwill Lakes PUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth Management Plan. The residential facilities of the Whippoorwill
Lakes PUD will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives for the following reasons:
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.
The project development is compatible and complimentary to surrounding land
uses 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 3.1.L of the
Future Land Use Element.
o
The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
o
The project is located partially (11.42 acres) within the Mixed Use Interstate
Activity Center and the remaining land (65.43 acres) is within the Residential
Density Band of the Urban Residential Mixed Use District around the Pine Ridge
Road Interstate 75 Activity Center, on the Future Land Use Map. The
projected density of 6.74 dwelling units per acre is in compliance with the Future
Land Use Element of the Growth Management Plan based on the following
relationships to required criteria:
Land Within Residential Density Band
Base Density 4 dwelling units/acre
Activity Center Density Band +3 dwellin.q units/acre
Maximum Permitted Density 7 dwelling units/acre
65.43 acres x 7 dwelling units/acre = maximum of 458 units
Land Within the Mixed Use Activity Center
Activity Center 16 dwellin,q units/acre
Maximum Permitted Density 16 dwelling units/acre
11.42 acres x 16 dwelling units/acre = maximum of 182 units
Entire Project Area
Maximum number of units on entire project = 458 + 182 = 640 units.
Maximum permitted density = 640 units/76.85 acres = 8.33 dwelling
units/acre.
All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1
1.2
1.3
1.4
1.5
PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Whippoorwill Lakes PUD.
LEGAL DESCRIPTION
The subject property being 76.85+ acres, and located in Section 18, Township
49 South, Range 26 East, and as described on Exhibit "G":
PROPERTY OWNERSHIP
All of the property is under sales contract held by:
Mark Bates, Gulf Sun Corporation, 533 Turtle Hatch Lane, Naples, Florida
34103.
GENERAL DESCRIPTION OF PROPERTY AREA
Ao
The subject property is located 1/4 mile south of Pine Ridge Road, and
encompasses the area north of Night Hawk Drive, between Whippoorwill
Lane and the western boundary of the Interstate 75 right-of way
(unincorporated Collier County), Florida.
The entire project site currently has Agricultural Zoning, with part of the
land having a Special Treatment Overlay, and is proposed to be rezoned
to PUD.
PHYSICAL DESCRIPTION
The project site is located within the 1-75 Gate Canal Drainage Basin according
to the Collier County Drainage Atlas. The proposed outfall for the project is the
existing borrow pit located on the eastern portion of the subject property. This
existing water body discharges into the D-2 Canal, located along the eastern
side of 1-75, via existing canal cross drains. The peak discharge rate from the
design storm will be limited to 0.15 cubic feet per second/acre per Collier County
Ordinance No. 90-10.
3
1,6
1.7
Natural ground elevation averages 10.7 NGVD. The entire site is located within
FEMA Flood Zone "X" with no base flood elevation specified.
The water management system for the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25~year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake system prior to
discharge to the wetland preserve areas.
The water management system will be permitted by South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including but not limited to: storm attenuation with a peak discharge rate of 0.15
cfs/acre; minimum roadway centerline, perimeter berm and finished floor
elevations; water quality pre-treatment; and wetland hydrology maintenance.
Per Collier County Soil Legend, dated January 1999, the types of soil found
within the limits of the property are predominantly #3 - Malabar Fine Sand.
Number 16 Oidsmar Fine Sand is found along the northern property line and a
small pocket of #25 - Boca, Riviera, Limestone Substratum and Copeland Fine
Sands, Depressional can be found within the northeast portion of the site. All
soil types encountered on the site are listed as hydric with the exception of #16 -
Oldsmar Fine Sand located along the northern portion of the site.
The site vegetation consists primarily of FLUCCS #624 - pine cypress cabbage
palm areas, primarily drained with about 1/3 of this area likely to be considered
wetland jurisdictional, and FLUCCS g411 - pine flatwoods, primarily disturbed,
The project as proposed will incorporate restored upland and wetland preserve
areas maintained in a contiguous arrangement.
PROJECT DESCRIPTION
The Whippoorwill Lakes PUD is a project comprised of a maximum of 518
residential units. The residential units are projected to be developed as garden
apartments. Recreational facilities will be provided in conjunction with the
dwelling units. Residential land uses, recreational uses, and signage are
designed to be harmonious with one another in a natural setting by using
common architecture, quality screening/buffering, and native vegetation,
whenever feasible.
SHORT TITLE
This Ordinance shall be known and cited as the "Whippoorwill Lakes Planned
Unit Development Ordinance".
4
2.1
2.2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relatio.nships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
GENERAL
Regulations for development of the Whippoorwill Lakes PUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the
Collier County Land Development Code and Growth Management Plan in
effect at the time of issuance of any development order to which said
regulations relate which authorizes the construction of improvements,
such as but not limited to Final Subdivision Plat, Final Site Development
Plan, Excavation Permit and Preliminary Work Authorization. Where
these regulations fail to provide developmental standards, then the
provisions of the most similar district in the Land Development Code shall
apply.
Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
Co
All conditions imposed and graphic material presented depicting
restrictions for the development of the Whippoorwill Lakes PUD shall
become part of the regulations which govern the manner in which the
PUD site may be developed.
Do
All applicable regulations, unless specifically waived, modified, or
excepted by this PUD Document, shall remain in full force and effect.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest or
next to occur of either Final Site Development Plan approval, Final Plat
approval, or building permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
2.4
2.5
2.6
A maximum of 518 dwelling units shall be constructed in the residential areas of
the project. The gross project area is 76.85+ acres. The gross project density
shall be a maximum of 6.74 units per acre.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Ao
The general configuration of the land uses are iljustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
Subdivisions of the Land Development Code, and the platting laws of the
State of Florida.
The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to
the issuance of a building permit or other development order.
Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
MODEL UNITS AND SALES FACILITIES
In conjunction with the promotion of the development, residential units
may be designated as models. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
Temporary sales trailers and construction trailers can be placed on the
site after Site Development Plan approval subject to the requirements of
Section 2.6.33.3 of the Land Development Code.
PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
If after consideration of fill activities on those buildable portions of the project
site are such that there is a surplus of earthen material, then its off-site disposal
is also hereby permitted subject to the following conditions:
Ao
Excavation activities shall comply with the definition of a 'Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
All other provisions, of Division 3.5 Excavation of the Land Development
Code shall apply.
7
3.1
3.2
3.3
SECTION III
RESIDENTIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the PUD shall be 518
units. If the petitioner has not acquired title to the Dog Ranch Road right-of-way,
north of Nighthawk Drive and internal to the project, prior to Site Development
Plan approval the project shall be reduced to a maximum of 506 dwelling units.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings (includes duplexes).
3. Multi-family dwellings (includes townhouses, garden apartments,
villas, coach homes, and carriage homes).
4. Any other use deemed comparable in nature by the Development
Services Director.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures associated with the
permitted principal uses including garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's playground areas, tot lots, boat
docks, pitching and putting golfing facilities, walking paths, picnic
areas, recreation buildings, verandahs, and basketball/shuffle
board courts.
8
Manager's residences and offices, temporary sales trailers, and
model units.
4. Gatehouse and entrance features.
5. Essential services, including interim and permanent utility and
maintenance facilities.
o
Any other accessory use deemed comparable by the Development
Services Director.
3.4 DEVELOPMENT STANDARDS
Ao
Table I sets forth the development standards for land uses within the
Whippoorwill Lakes PUD. Front yard setbacks in Table I shall be
measured as follows:
If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
(a) Carports are permitted within parking areas.
(b)
Garages are permitted at the edge of vehicular pavement
which provides access to a designated parking space;
however, garages shall use a parking apron of at least fiffen
(15) feet separating the garage from the edge of curb on a
private right-of-way without sidewalks or fifteen (15) feet
from a sidewalk.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
Minimum Lot Area (Der unit)
Minimum Lot Width
Front Yard Setback
Side Yard Setback
1 Story
2 Story
3 Story
Rear Yard Setback
Principal Structure
Accessory Structure
PUD Boundary Setback (3)
Principal Structure
Accessory Structure
Lake Setback (5)
Preserve Area Setback
Distance Between Structures
Main/Principal
1-Story
2-Story
3-Story
Accessory Structures
Maximum Height:
Principal Building
Accessory Building
Minimum Floor Area
SINGLE-FAMILY
6,OOO Sq. Ft.
60' Interior Lots (1)
70' Corner Lots
25'
0' & 10' or both 5'
0' & 15' or both 7.5'
NA
20'
10'
TWO-FAMILY
MULTI-FAMILY
7,200 Sq. Ft. 1 Acre
80' Interior Lots (1) 150'
(40')(2)
100' Comer Lots
(5O')(2)
25' 20'
0° & 15' or both 7.5'
0' & 20' or both 10'
NA
20'
10'
Greater of 7.5' or 112 BH
Greater of 10' or 112 BH
Greater of 12.5' or 1/2 BH
25'
10'
20' 20' 20' H)
10' 10' 10'
20' 20' 20'
25' 25' 25'
15' 20'
20' 20'
NA NA
10' 10'
35' and 2 stories 35' and 2 stories
20'/Clubhouse 35' 20'lClubhouse 35'
1200 Sq. Ft. 1100 Sq. Ft.
Greater of 15' or 1/2 SBH
Greater of 20' or 1/2 SBH
Greater of 25' or 1/2 SBH
10'
40' and 3 stories
20'/Clubhouse 35'
I bedroom = 650 Sq. Ft.
2 Bedroom = 900 Sq. Ft.
3 Bedroom = 1100 Sq. Ft.
(1) May be reduced on cul-de-sac lots upon approval by the Director of Planning.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family
structure is on an individually platted lot.
(3) PUD Boundary setback shall be a minimum of seventy-five feet adjacent to the cellular
tower, that is located at the southeast corner of the Seagate Baptist Church.
(4) Three-story buildings shall be set back a minimum of seventy-five feet from Whippoorwill
Lane ROW.
(5) Lake setbacks are measured from the control elevation established for the lake.
SBH refers to "Sum of Building Heights".
io
Co
Off-Street Parking and Loading Requirements:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
Open Space/Natural Habitat Preserve Area Requirements:
A minimum of sixty (60) percent open space, as described in
Section 2.6.32 of the Land Development Code, shall be provided
on-site.
Do
A minimum of twenty-five (25) percent of the viable naturally
functioning native vegetation on-site (natural habitat preserve
area), including both the understory and the ground cover
emphasizing the largest contiguous area possible, shall be
retained on-site, as described in Section 3.9.5.5.3 of the Land
Development Code.
Landscaping and Buffering Requirements:
A berm, wall, fence, or combination thereof, may be provided by
the developer adjacent to the eastern PUD boundary along
Interstate 75. Such buffer may have occasional openings to
provide glimpses of the project from Interstate 75. In order to
maximize security and minimize impacts on existing trees, walls or
fences may comprise up to eight (8) feet in height of any berm/wall
or berm/fence combination.
o
If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those
preserve areas.
A twenty-five (25) foot buffer shall be provided where a multi-family
project is adjacent to any single-family or two-family project within
the PUD.
All other landscaping shall be in accordance with Division 2.4 of
the Land Development Code.
Architectural Standards
All buildings, lighting, signage, and landscaping shall be
architecturally and aesthetically unified. Said unified architectural
!1
theme shall include: a similar architectural design and use of
similar materials and colors throughout all of the buildings, signs,
and fences/walls to be erected on all of the subject parcels.
Landscaping and streetscape materials shall also be similar in
design throughout the subject site. All buildings shall be primarily
finished in light subdued colors with stucco except for decorative
trim. Within any multi-family project all roofs, except for carports,
shall be peaked and finished in tile or metal. Within any single-
family or two-family project all roofs, except for carports, shall be
peaked and finished in tile, metal, or architectural designed
shingles (such as Timberline).
All pole lighting, internal to the project, shall be architecturally
designed, limited to a height of thirty (30) feet, and similar
architecturally to one of the lighting fixtures shown on Exhibits "C"
or "D".
Signs
Signs shall be permitted as described within Division 2.5 of the Collier
County Land Development Code, except as described in the following
instances.
o
Up to two (2) ground or wall signs shall be permitted at the main
entrances to the PUD and located within the interior of the PUD.
Such sign(s) shall contain only the name of the entire 76.85+-acre
PUD project, names of individual communities within the PUD
project, and insignia or mottos of the development. Such ground or
wail sign(s) shall be similar architecturally to one of the signs
shown in Exhibits "E" or "F" and architecturally compatible with the
unified architectural theme of the entire PUD (as described in
Section 3.4E. of this PUD Document). Said ground or wall sign(s)
shall not exceed a combined area of sixty-four (64) square feet,
and shall not exceed the height or length of the wall upon which it
is located.
A ground sign shall be permitted along the eastern PUD boundary
adjacent to Interstate 75. Such sign shall contain only the name of
the entire 76.85+-acre PUD project and shall be compatible
architecturally with the unified architectural theme of the PUD (as
described in Section 3.4E. of this PUD Document). Exclusive of
landscaping, such ground sign shall not exceed an area of twenty-
four (24) square feet.
12
Densib/
The densities on Parcels A, C, and D shall be 6 dwelling units per acre
unless the owner(s) of such parcel(s) provide(s) written notice to Collier
County Development Services that it will accept a lower density on such
parcel(s).
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4.1
4.2
SECTION IV
PRESERVE AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A", PUD Master Plan.
PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas including recreational shelters.
2. Biking, hiking, and nature trails, and boardwalks.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, after the appropriate
environmental review.
Any other use deemed comparable in nature by the Development
Services Director.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1
5.2
5.3
PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
GENERAL
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this PUD, in effect at the time of Final
Plat, Final Site Development Plan approval or building permit application as the
case may be. Except where specifically noted or stated otherwise, the standards
and specifications of the official County Land Development Code shall apply to
this project even if the land within the PUD is not to be platted. The developer,
his successor and assigns, shall be responsible for the commitments outlined in
this document.
The developer, his successor or assignee, shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modifications
as may be agreed to in the rezoning of the property. In addition, any successor
in title or assignee is subject to the commitments within this Agreement.
PUD MASTER PLAN
Ao
Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be
made from time to time.
All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
15
5.4
5.5
5.6
5.7
SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected to be completed in one (1) or
two (2) phases.
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development
Code.
ENGINEERING
Ao
This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
Bo
Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
WATER MANAGEMENT
A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit Application shall be sent to Collier County
Development Services with the SDP submittal. A copy of the approval of
this SFWMD Surface Water Permit shall be submitted prior to Final Site
Development Plan Approval.
Bo
An Excavation Permit will be required for any proposed lakes in
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD Rules.
Lake setbacks from the perimeter of the PUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
UTILITIES
Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
16
5.8
5.9
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 97-17, as amended, and other applicable County
rules and regulations.
No on-site central sewage collection, treatment and disposal systems
shall be permitted.
TRAFFIC
Ao
The applicant shall be responsible for the installation of arterial level
street lighting at all project entrances. Installation shall be in place prior
to the issuance of any certificates of occupancy.
Substantial competent evidence shall be provided by the developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage shall not be permitted
to discharge directly into any roadway drainage system.
Road Impact Fees shall be paid in accordance with Ordinance 92-22, as
amended, and shall be paid at the time building permits are issued unless
otherwise approved by the Board of County Commissioners.
Whippoorwill Lane shall be extended by the developer, unless previously
extended by other area developers, and such extension shall be to
minimum Collier County construction standards. The portion of
Whippoorwill Lane on the subject site shall be dedicated to Collier
County, upon completion of construction.
The petitioner shall dedicate a 40-foot-wide strip along the project's
western project boundary for construction and widening of Whippoorwill
Lane. This dedication shall occur pursuant to Section 2.2.20.3.7. of the
Land Development Code when requested by Collier County or prior to
construction plans and plat approval, whichever occurs first.
PLANNING
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
17
A lake access, with associated recreational facilities, shall be constructed
by the developer and made available to all residents of the subject
project.
Co
The valuation of land for the acquisition of the WhipPoorwill Lane right-of-
way and the east-west road right-of-way shall be borne proportionally by
the Developer on a per unit basis with all development projects having
frontage on or access to Whippoorwill Lane or its east/west extension,
which by design enables traffic to utilize Whippoorwill Lane. Said
valuation shall be based on the provisions of Section 2.2.20.3.7. of the
Land Development Code.
If the Developer and/or another developer having frontage on or access
to Whippoorwill Lane or its east/west extension constructs the north/south
segment of Whippoorwill Lane or its east/west extension as a public road
(road developer), and the road developer's cost for such exceeds the
amount of the road developer's project's road impact fees (based upon
the rate schedule in the County's adopted Road Impact Fee Ordinance
Schedule), the road developer shall be rebated amounts in excess of the
road developer's project's road impact fees upon receipt by Collier County
of other development's road impact fees collected within Road Impact Fee
District One, pursuant to terms of a Developer Contribution Agreement.
Area-wide drainage facilities and appurtenances including land
requirements shall be under the control of Collier County. Should it
become necessary to acquire land or construct facilities that are in excess
of the drainage requirements of any particular development, then the
costs for those added requirements will be proportionally shared by the
Developer on a per unit basis with all benefiting projects. Said costs and
pro rata share shall be determined by and payable to Collier County prior
to the issuance of any building permits to the Developer. Said costs with
area-wide benefits incurred by this development shall be rebated
pursuant to the terms of a Developer Contribution Agreement or other
appropriate mechanism.
A sanitary sewer collection system and potable water supply distribution
system shall be designed having area-wide design standard
specifications as determined acceptable to the Collier County Public
Works Engineering Division. Design specifications resulting in incurred
costs to this Project but having area-wide benefits will be prorated against
this project but will be proportionally shared by the Developer with all
benefiting projects. Said pro rata costs shall be determined by Collier
County on a per unit basis with all development projects having frontage
18
5.10
on or access to these utilities along Whippoorwill Lane or its east/west
extension and shall be made payable to Collier County prior to the
issuance of any building permits for this Development. Said costs with
area-wide benefits incurred by this Development shall be rebated
pursuant to the terms of a Developer Contribution Agreement.
If another developer having frontage on or access to Whippoorwill Lane
or its east/west extension has initiated construction or completed
construction of: the north/south segment of Whippoorwill Lane or its
east/west extension, water and sewer utilities within this right-of-way, or
area-wide drainage facilities directly benefiting this project, the Developer
shall enter into a Developer Contribution Agreement prior to the issuance
of any building permits agreeing therein to pay its fair share for these
facilities as determined by Section 5.9.
Ho
Chain link and wood fencing are prohibited as perimeter project fencing
along the site°s frontage on any collector road and must be a minimum of
100 feet from a public right-of-way.
ENVIRONMENTAL
Ao
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Review Staff. Removal
of exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
Bo
All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on
the plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordance with Section
3.2.8.3.4 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
Co
Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be
19
provided in accordance with the State of Florida Environmental
Resources Permit Rules and be subject to review and approval by the
Current Planning Environmental Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic-free)
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 Development Plan/Construction Plan approval.
This plan shall include methods and a time schedule for removal of exotic
vegetation within conservation/preservation areas.
Petitioner shall comply with the guidelines and recommendations of the
U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh
Water Fish Commission (FGFWFC) regarding potential impacts to
protected wildlife species. Where protected species are observed on-
site, a Habitat Management Plan for those protected species shall be
submitted to Current Planning Environmental Staff for review and
approval prior to final site plan/construction plan approval.
2O
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GULP' SUN CORPORATION
WHOPPO~R~DLL LAKES PUD
CONCEPTUAL WATER MAJq/AGEMENT
& UTI~ P~N
EXI-t~rr "C"
DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING
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EXHIRIT "D"
DEPICTION OF ARCHITECTLIRALLY DESIGNED POLE LIGHTING
EXHIBIT "E"
DEPICTION OF PROJECT ENTRY SIGN
EXHIBIT "F"
DEPICTION OF PROJECT ENTRY SIGN
EXHIBIT "G"
LEGAL DESCRIPTION OF WHIPPOORWILL LAKES PUD
Parcels "A" and "B", the Spaid¢ land, described as:
A. The S 1/2 of the NE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier
County, Florida; subject to existing restrictions and reservations of record; and subject to
an easement for public road right-of-way over and across the East 30 feet thereof; and
B. The SW 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26 E, Collier County,
Florida; subject to existing restrictions and reservations of record; and subject to an
easemem for public road right-of-way over and across the West 30 feet thereof and the
South 30 feet thereof.
LESS
C. A parcel of land in Sec. 18, Twp. 49S, Rag. 26E, more particularly described
as follows:
COMMENCE at the SE comer of Sec. 18, Twp. 49S, Rng. 26E; thence North
00039'46'' West 2639.68 feet to a point; thence North 00°40'16" West 1319.90 feet to the
POINT OF BEGINNING; thence South 89036'42.. West 461.39 feet to a point; thence
North 14036'28.' West 680.88 feet to a point; thence North 89037'08'' East 625.38 feet to
a poim; thence South 00°40'16" East 659.95 feet to the POINT OF BEGINNING.
.P. arcel "C", the Cook land, described as:
The N 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County,
Florida; LESS the W 70' thereof and LESS the 1-75 right-of-way.
.P. arcel "D", the Rayburn land, described as:
The S 1/2 of the SE 1/4 of the NE 1/4 of Sec. 18, Twp. 49S, Rng. 26E, Collier County,
Florida; LESS the W 70' thereof and LESS the 1-75 right-of-way.
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. 2000-16
Which was adopted by the Board of County Commissioners on
the 14th day of March, 2000, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th day
of March, 2000.
DWIG~{T E BROCK
Clerk of Courts and cie~k?'
Ex-officio to Board of
County Commissioners.
By: Ellie Hoffman, .,..
Deputy Clerk