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Ordinance 2000-080ORDINANCE NO. 2000- 8 0 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8524N AND 8513N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL, "RSF-3" AND "ST" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE MADIERA PUD .LOCATED ON THE WEST SIDE OF LIVINGSTON ROAD (C.R. 880), APPROXIMATELY 3A MILES NORTH OF IMMOKALEE ROAD (C.R. 846), IN SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 145.93± ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Brad Hedrich, P.E., of Hedrich Engineering, Inc., representing Meridian Land Company, 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 Comn!ission~s Collier County, Florida, that: SECTION ONE: - The zoning classification of the herein described real property located in Sect~ 13~.?a'nd 24, Township 48 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural, "RSF-3" and "ST" to "PUD" Planned Unit Development in accordance with the Madiera PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 8524N and 8513N, as described in Ordinance Number 91-102, the Collier County Land Development Code, 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 ~ng~ day of ~ ~ ,2000. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: JamesD. r~, ~HAIRMAN Approved as to Form and Legal Sufficiency Marjtgcie M. Stu~'ent Assistant County Attorney This ordinance filed with the Secr.etory of S_t,~?~'s O, ff~he -~,,day of ~ and acknowledgement of that filing~0%ceived t'his/,g~f" day of ~ g/admin/PUD-00-09/SM/im 2 MADEIRA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE MADEIRA PUD, A PLANNED UNIT DVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: MERIDIAN LAND CO. 10001 TAMIAMI TRIAL NORTH NAPLES, FL 34108 PREPARED BY: TIM HANCOCK, AICP PLANNING SOLUTIONS, INC. 5100 TAMIAMI TRAIL NORTH SUITE 158 NAPLES, FL 34103 And BRAD FlEDRICH, P.E. HEDRICtt ENGINEERING 10911 BONITA BEACH ROAD SUITE 1021 BONITA SPRINGS, FL 34135 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS & REPEAL July 20, 2000 -Nev~mbe~2x)¥2410¢ November 28, 2000 "EXHIBIT A" PUD-2000-09 -1- TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION 11 SECTION II1 SECTION IV SECTION V SECTION VI PROPERTY OWNERSHIP AND DESCRIPTION PROJECT DEVELOPMENT LOW DENSITY RESIDENTIAL AREAS PLAN COMMON AREAS PRESERVE AREAS DEVELOPMENT COMMITMENTS page 3 page 4 pages 5 thru 9 pages i 0 thru 12 pages 13 thru 15 pages 16 thru 17 page 18 pages 19 thru 22 -2- LIST OF EXHIBITS AND TABLES EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: PUD MASTER PLAN BOUNDARY SURVEY CONCEPTUAL WATER MANAGEMENT PLAN TYPICAL LAKE CROSS SECTION AND TYPICAL PAVEMENT SECTION ADDITIONAL LANDSCAPING DESIGNS -3- STATEMENT OF COMPLIANCE AND SHORT TITLE The Madeira Planned Unit Development (PUD) consists of +/- 145.37 acres of land located 3/4 miles North of lmmokalee Road, immediately West of and adjacent to Livingston Road in Collier County, Florida. The development of this Project will be in compliance with the planning goals and objectives of Collier County as set forth in the County's Growth Management Plan. This compliance includes: The land is located wholly in the Urban Residential Sub-district of the Urban Mixed Use District as identified on the Future Land Use Map as required in Objective i, Policy 5.1, and Policy 5.3 of the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The Project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. The Project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. I.H and L of the Future Land Use Element. The project is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective i.5 of the Drainage Sub-element of the Public Facilities Element. The Urban Residential District allows for a base residential density of 4 units per gross acre. The projected density of 3 units per gross acre is in compliance with the Future Land Use Element of the Growth Management Plan. This Project is seeking no density bonuses. 7. The Project further meets the intent of the Urban Residential Sub-district through restricting allowable uses to single family detached, zero lot line and two-family attached dwelling units. 8. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Ordinance. -4- 1.1 1.2 SECTION ! PROPERTY OWNERSHIP AND DESCRIPTION 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 the Madeira PUD. LEGAL DESCRIPTION The subject property being +/- 145.37 acres, is described as: A PARCEL OF LAND LOCATED 1N SECTIONS 13 AND 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SECTION 13, TOWNSHIP 48 SOUTH, RANGE 25 EAST, THENCE ALONG THE SOUTH LINE OF SECTION 13, S88°48'25"W 275.05' TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, AND THE POINT OF BEGINNING; THENCE CONT1NUE ALONG THE SOUTH LINE OF SECTION 13, S88°48'23"W 1050.28'TO THE EAST LINE OF THE SOUTHWEST 1/n OF THE SOUTHEAST 1/4 OF SECTION 13; THENCE ALONG THE EAST LINE OF THE SOUTHWEST IA OF THE SOUTHEAST ¼ OF SECTION 13, N00°05'58"W 1344.31', TO THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOIJTHEAST % OF SECTION 13: THENCE ALONG THE NORTH LINE OF TIlE SOUTHWEST l/n OF THE SOUTHEAST lA OF SECTION 13, S88°52'26"W 1326.34', TO THE WEST LINE OF THE SOUTHWEST '/4 OF THE SOUTHEAST I/n OF SECTION 13; THENCE ALONG THE WEST LINE OF THE SOUTHWEST IA OF THE SOUTHEAST % OF SECTION 13, S00°09'32"E 1345.82', TO THE NORTH LINE OF SECTION 24; THENCE ALONG THE NORTH LINE OF SECTION 24, S88°43' 17W 662.04', TO THE EAST LINE OF THE NORTHEAST IA OF THE NORTHWEST l/n OF THE NORTHEAST 1/4 OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTHEAST l/n OF THE NORTHWEST l/n OF THE NORTHEAST 1/4 OF THE NORTHWEST IA OF SECTION 24, S00°l l'01"E 331.48', TO THE SOUTH LINE OF THE NORTHEAST ¼ OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST I/n OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHEAST IA OF THE NORTHWEST % OF THE NORTIIEAST V4 OF TI IE NORTI IWEST % OF SECTION 24, SW88°45' 1 I"E 296.98', TO THE EAST LINE OF THE WEST 365' OF THE NORTH 1/2 OF THE NORTItWEST 1/4 OF THE NORTtlEAST '¼ OF THE NORTHWEST 1/4 OF SECTION 24; -5- THENCE ALONG THE EAST LINE OF THE WEST 365' OF THE NORTH IA OF THE NORTHWEST 'A OF THE NORTHEAST V4 OF THE NORTItWEST V4 OF SECTION 24, N00°10'55"W 331.32', TO THE NORTH LINE OF SECTION 24; THENCE ALONG THE NORTH LINE OF SECTION 24, S88°39'45"W 365.20', TO THE WEST LINE OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE WEST LINE OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 24, AND THE WEST LINE OF THE SOUTHEAST ',4 OF THE NORTHWEST ¼ OF SECTION 24, S00° 11' 13"E 1654.95', TO THE SOUTH LINE OF THE NORTH V2 OF THE NORTHWEST ¼ OF THE SOUTHEAST '/4 OF THE NORTHWEST ¼ OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTH V2 OF THE NORTHWEST V4 OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N88°53'00"E 537.58'; THENCE LEAVING SAID SOUTH LINE OF THE NORTH '?2 OF THE NORTHWEST ¼ OF THE SOUTHEAST ¼ OF THE NORTHWEST '/4 OF SECTION 24, N01 °07'00"W 80.00'; THENCE N88°53'57"E 250.06'; THENCE S01°04'30"E 80.00', TO THE SOUTH LINE OF THE NORTH '/2 OF THE NORTHEAST '/4 OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 24; THENCE ALONG SAID SOUTH LINE OF THE NORTH 'A OF THE NORTHEAST '/4 OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N88°55'30"E 536.36' TO THE EAST LINE OF THE NORTH V2 OF THE NORTHEAST '/4 OF THE SOUTHEAST ¼ OF THE NORTHWEST '/4 OF SECTION 24; THENCE ALONG THE EAST LINE OF THE NORTH V2 OF THE NORTHEAST '/4 OF THE SOUTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, N00°17' 12"W 332.15', TO THE SOUTH LINE OF THE SOUTHEAST I/4 OF THE NORTHEAST ¼ OF THE NORTHWEST '/4 OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTHEAST '/4 OF THE NORTHEAST ¼ OF THE NORTHWEST ¼ OF SECTION 24, S88°50'52"W 662.05', TO THE WEST LINE OF THE SOUTH V2 OF THE SOUTHEAST V4 OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTH '/2 OF THE SOUTHEAST ¼ OF THE NORTHEAST '/4 OF THE NORTHWEST '/4 OF SECTION 24, N00°l 1 '01"W 331.48', TO THE NORTH LINE OF THE SOUTH '/2 OF THE SOUTHEAST ¼ OF THE NORTHEAST 1/4 OF THE NORTHWEST '/4 OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH IA OF THE SOUTHEAST ¼ OF TIlE NORTHEAST ¼ OF TIlE NORTHWEST ¼ OF SECTION 24, N88°48'59"E 662.05', TO THE EAST LINE OF THE SOUTH V2 OF THE SOUTHEAST '/4 OF THE NORTHEAST '/4 OF THE NORTHWEST V4 OF SECTION 24; -6- THENCE ALONG THE EAST LINE OF THE SOUTH '/2 OF TIlE SOUTHEAST '/4 OF THE NORTHEAST 1/4 OF THE NORTHWEST '/4 OF SECTION 24, S00°l I'08"E 166.82', TO THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH V2 OF THE SOUTHWEST '/4 OF THE NORTHWEST I/4 OF THE NORTHEAST 1/4 OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH 165' OF THE SOUTH 1/2 OF THE SOUTHWEST 1A OF THE NORTHWEST i¼ OF THE NORTHEAST 1/4 OF SECTION 24, N88°53'26"E 622.22', TO THE WEST LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST I/4 OF THE NORTHWEST '/4 OF THE NORTHEAST '/4 OF SECTION 24; THENCE ALONG THE WEST LINE OF THE SOUTHWEST t¼ OF THE SOUTHEAST '/4 OF THE NORTHWEST 'A OF THE NORTHEAST ¼ OF SECTION 24, N00°10'07"W 20.00', TO A POINT ON SAID LINE; THENCE LEAVING THE WEST LINE OF THE SOUTHWEST '/4 OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF THE NORTHEAST V4 OF SECTION 24, S88°53'26"W 20.00'; THENCE N00°09'09"W 167.07'; THENCE N88°54' 12"E 60.00'; THENCE S00°10'07"E 20.00', TO THE NORTH LINE OF THE SOUTHWEST 1/4 OF THE SOUTHEAST V4 OF THE NORTHWEST I/4 OF THE NORTHEAST 1/4 OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTHWEST ¼ OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST ¼ OF SECTION 24, N88°54' 12"E 291.17', TO THE EAST LINE OF THE SOUTHWEST 1,4 OF THE SOUTHEAST '/4 OF THE NORTHWEST '/4 OF THE NORTHEAST 1/4 OF SECTION 24; THENCE ALONG THE EAST LINE OF THE SOUTHWEST 1,4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST '/4 OF THE NORTHEAST V4 OF SECTION 24, S00°07'36"E 331.88', TO THE SOUTH LINE OF THE NORTHWEST ¼ OF THE NORTHEAST I/4 OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE NORTHWEST V4 OF THE NORTHEAST 1/4 OF SECTION 24, AND THE SOUTH LINE OF TIlE NORTHEAST I/4 OF THE NORTHEAST 1/4 OF SECTION 24, N88°53'48"E 1380.53', TO THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728; THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 460, PAGE 728, N00°07'04"W 665.43', TO THE SOUTH LINE OF THE SOUTH I/2 OF THE NORTHEAST I/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24; THENCE ALONG THE SOUTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST I/4 OF THE NORTHEAST 1/4 OF THE NORTHEAST ¼ OF SECTION 24, S88°50'56"W 387.33', TO THE WEST LINE OF THE SOUTH 1/2 OF THE NORTHEAST V4 OF THE NORTHEAST '/4 OF THE NORTIIEAST V~ OF SECTION 24; -7- THENCE ALONG THE WEST LINE OF THE SOUTH I/2 OF THE NORTHEAST 174 OF THE NORTHEAST 1/4 OF THE NORTHEAST 174 OF SECTION 24, N00°08'05"W 332.57', TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST 1¼ OF THE NORTHEAST ~A OF THE NORTHEAST V4 OF SECTION 24; THENCE ALONG THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHEAST IA OF THE NORTHEAST 1/4 OF THE NORTHEAST V4 OF SECTION 24, N88°49'41"E 387.43', TO THE EAST LINE OF A 125' WIDE FLOR1DA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364; THENCE ALONG THE EAST LINE OF A 125' WIDE FLORIDA POWER & LIGHT EASEMENT, RECORDED IN O.R. BOOK 487, PAGE 364, N00°07'04"W 332.72', TO THE POINT OF BEGINNING. LESS THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE NORTHEAST 1/,~ OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 48 SOUTH, RANGE 25 EAST. CONTAINING 145.37 ACRES MORE OR LESS. SUBJECT TO EASEMENTS, RESTRICTIONS, AND RESERVATIONS OF RECORD. 1.3 1.4 1.5 PROPERTY OWNERSHIP The subject property is currently under the ownership of or under contract for purchase to: Meridian Land Co. 10001 Tamiami Trail North Naples, FL 34108 GENERAL DESCRIPTION OF PROJECT AREA ho Bo The Project site includes portions of Sectionsl 3 and 24, Township 48 South, Range 25 East. Generally, the Project is located immediately adjacent to and West of Livingston Road, approximately 3/4 miles North of hnmokalee Road. The zoning classification of the subject property prior to the date of this approved PUD document was A - Agriculture and RSF-3. PHYSICAL DESCRIPTION The project site is located within the South Florida Water Management District Cocohatchee River Basin. The site, along with several offsite drainage basins, currently drains to a main onsite wetland slough which then drains to the west to an offsite wetland slough which then outfalls to Palm River via twin 36" pipes. Pahn River then outfalls to the Cocohatchee River. The Cocohatchee River Basin typically has a discharge rate of 0.04 cfs/acre (cubic feet per second per acre), but in this particular area, a detailed drainage study is being conducted by a consultant for Collier County that will most likely suggest a discharge -8- rate of 0.03 cfs/acre due to the overtaxed downstream drainage system. The master storm water management system will consist of a combination of onsite detention lakes, drainage conveyance systems, and control structures with bleed down pipes and overflow weirs to detain storm water and achieve the reduced discharge rate. The master storm water management system will outfall to the onsite wetland slough that in turn outfalls to offsite wetlands to the west and then to the Palm River Canal. A majority of the elevations within the project range from 10 feet to 13 feet NGVD with smaller extreme cases of elevations ranging from 6 feet to 18 feet NGVD. Based on an initial geotechnical study of the area, a thick bedrock layer starts at approximately 10 to 12 feet below existing ground. The entire site is in Flood Zone X according to the FIRM Map that means that flooding only occurs during the 500-year flood. The closest 100- year flood zone is located to the west of the site, which is flood zone AE 11 (Elev. I 1.0 feet NGVD) A description of soil types found in the area. I 1 - Hallandale fine sand (From NRCS data) The soils of the Hallandale Series are siliceous, hypothennic Lithic Psammaquents. They are shallow, poorly drained, moderately to rapidly permeable soils that formed in thin beds of sandy marine sediment over limestone. These nearly level soils are in flatwoods and in sloughs and poorly defined drainage-ways. Slopes range from 0 to 2 percent. (The NRCS does not classify this series as hydric.) 18- Riviera fine sand, limestone substratum This nearly level, poorly drained soil is in sloughs and broad, poorly defined drainageways. Individual areas are elongated and irregular in shape. Slope is 0 to 2 percent. 25- Boca, Riviera, limestone substratum, and Copeland fine sands, depressional These level, very poorly drained soils are in depressions, cypress swamps and marshes. Individual areas are elongated and irregular in shape. Slope is 0 to I percent. 1.6 1.7 PROJECT DESCRIPTION The Madeira PUD is a residential community that provides low-density development in an area permitted for up to 4 units per acre base density. The project will be a gated access community with recreational facilities provided for the use and enjoyment of residents. The most notable feature of the development is the presence and preservation of a wetland slough that moves through the project. Crossings are minimized by the proposed plan of development while preserving the natural sheet flow of the slough. The importance of the slough is of significance in both environmental and surface drainage areas. The community will consist of up to 436 single family, zero lot line and two- family attached dwelling units upon completion. SHORT TITLE This Ordinance shall be known and cited as the "Madeira Planned Unit Development Ordinance." -9- SECTION !I PROJECT DEVELOPMENT REQUIREMENTS 2.1 2.2 2.3 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable Cotmty ordinances, and the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for the development of the Madeira PUD shall be in accordance with the contents of this document, 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 building permit application. Where these regulations fail to provide developmental standards then the provisions of the most similar district in the County Land Development Code shall apply. go 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. Go All conditions imposed and all graphic material presented depicting restrictions for the development of the Madeira PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of other sections of the Land Development Code where applicable, remain in full force and effect with respect to the development of the land, which comprises this PUD. Eo 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 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A° The Project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated graphically by Exhibit "A," PUD Master Development Plan. There shall be 9 residential land use tracts plus necessary water management lakes, street rights-of-way, the general configuration of which is also iljustrated by Exhibit -10- 2.4 2.5 TRACT (S) RI thru R9 CR P Lakes Roads TYPE OF DEVELOPMENT UNITS Single family, zero lot line and two-family attached 436 Common area and Recreation na Preservation na na na Rights-of-way na ACREAGE 80.29 ac 5.90 ac 31.68 ac 19.92 ac 5.76 ac TOTAL 436 145.37 ac Areas iljustrated as lakes by Exhibit "A' shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A." Minor modification to all tracts, lakes or other interior boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of applicable sections of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A," such easements, as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 436 residential dwelling units shall be constructed in the total project area. The gross project area is +/- 145.37 acres. The gross project density, therefore, will be a maximum of 3 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Go Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final 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," PUD Master Plan constitutes the required PUD Development Plan. Subsequent 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 the 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. 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 parccls -11- 2.6 2.7 2.8 of land as provided in said Division in effect prior to the issuance of a building permit or other development order. Do The development 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 approval of a Preliminary Subdivision Plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code in effect prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. MODEL HOMES AND SALES FACILITIES Model homes/model home centers including sales centers shall be permitted in conjunction with the promotion of the development subject to the following: One "wet" and 3 "dry" models may be constructed prior to recording of a plat for each residential project or phase. Location is limited to future, platted tots. The Project owner must apply for temporary use permits for all models. The models permitted as "dry" models must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. All other regulations pertaining to model homes shall be consistent with applicable Sections of the LDC. AMENDMENTS TO PUD DOCUMENT 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 Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code. -12- 3.1 3.2 3.3 3.4 SECTION 111 LOW DENSITY RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tracts R1, R2, R3, R4, R5, R6, R7, R8 and R9, Low Density Residential. MAXIMUM DWELLING UNITS The maximum number of low-density residential units allowed within the PUD shall be as follows: Tracts R 1 through R9 = 436 units. USES PERMITTED 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 Dwelling Unit 2. Zero Lot Line Detached Unit 3. Two-Family Attached Unit 4. The cjustering or grouping of housing structure types identified in Section 3.3 of this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in the Collier County Land Development Code, subject further to the provisions of Division 3.3 of the Collier County Land Development Code and lable I of this document. B. Accessory Uses: 1. Customary Accessory uses and structures, including private garages. 2. May include common recreation amenities such as tennis courts, swimming pools, clubhouse facilities, fitness centers, playgrounds, basketball courts, boardwalks, and similar passive and active recreational facilities. DEVELOPMENT STANDARDS A. General: All yards and setbacks shall be in relation to the individual parcel boundaries, except as otherwise provided. B. Front Yard Setbacks (measurement): Front yard setbacks shall be measured as follows: -13- 1. If the parcel is served directly and is immediately adjacent to a public right- of- way, the setback will be measured from the right of way line. 2. if the parcel is served by a non-platted, private drive, the setback will be measured fi'om the back of curb or edge of pavement. 3. If the parcel is served by a platted, private drive, the setback is measured from the road easement or property line. 4. Principal buildings shall be set back a distance sufficient to provide for two back-to-back parking spaces without encroaching into required setbacks, one of which may be an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk. TABLE I Single Family D.U. Zero Lot Line D.U. 2-Family Attached D.U. Min. Lot Area: 6,000 sq. fl. 6,000 sq. fl. 5,000 sq. fl. per d.u. Min. Lot Width: Interior Lots: 50 feet 50 feet 40 feet min. per d.u. Corner Lots: 55 feet 55 feet 85 feet Minimum Yards: Front Yard: 20 feet 20 feet 20 feet Side Yard: 6 feet 0 and 12 feet 7.5 feet Rear Yard: 20 feet 20 feet 20 feet Accessory Structure: Swimming Pool: 10 ft. rear 10 ft. rear 10 ft. rear Tennis Courts: 15 ft. rear 15 ft. rear 15ft. rear Screen Porch: 10 ft. rear 10 ft. rear 10 ft. rear Min. Floor Area: One Story: 1,000 fl. 1,000 feet 1,800 ft. Two Story: 1,200 ft. 1,200 feet. 2,000 fl. Max. Height: Principal Structures: 35 feet 35 feet 35 feet Accessory Structures: 25 feet 25 feet 25 feet Minimum off street parking: as required in Section 2.3 of the Land Development Code. Minimum Landscaping: Where residential uses internal to the PUD directly abut built or zoned residential uses external to the PUD, the following landscaping plan shall apply: A minimum buffer strip of 10' in width shall be planted with code minimum canopy trees on 20' centers with a double row hedge that is 2 to 3 feet in height at the time of planting. Such buffer shall be designed to achieve 60% opacity within one year of planting and 80% opacity within 2 years of planting. Additional landscaping shall be in accordance with Exhibit 'E' as attached. -14- The balance of the landscaping and buffering in the development shall be consistent with Division 2.4 of the LDC where applicable. The location of structures proposed adjacent to Preserve areas shall be subject to the provisions of Section 3.2.8.4.7.3. of the Land Development Code. Principal structures shall have a minimum 25- foot setback from wetland preserves. Accessory structures shall have a minimum 10-foot setback from wetland preserves. -15- 4.1 4.2 4.3 SECTION IV COMMON AREAS PLAN PURPOSE The purpose of this Section is to set forth the development plans and development standards for the area(s) designated as Tracts CR, Common Area/Recreation on the PUD Master Development Plan, Exhibit "A." The primary fimction and purpose of these tracts will be to provide aesthetically pleasing open areas and recreational opportunities for residents except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used in whole or in part, for other than the following: A. Principal Uses: 1. Lakes 2. Open Spaces / Preserve Areas Pedestrian and bicycle paths or boardwalks constructed for purposes of access to or passage through the common areas and preserves. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. Clubhouse with meeting rooms, card rooms and general-purpose areas for residents of the Project. B. Accessory uses: Small docks, enclosures or other structures constructed for the purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure for structures, location of access streets and parking areas and location and treatment of buffer areas. Buildings shall be set back a minimum of fifty feet abutting an external residential district and a landscaped and maintained buffer shall be provided. Lighting facilities shall be arranged in a manner, which will protect roadways and neighboring properties form direct glare or other interference. -16- Maximum Height: 1. Principal Structure: 35 feet 2. Accessory Structure: 25 feet Minimum Off Street Parking: As required by Division 2.3 of the Land Development Code in effect at the time of' building permit application. -17- 5.1 5.2 SECTION V PRESERVE AREAS PURPOSE Preserve Area (P) - The purpose is to preserve and protect native vegetation, naturally functioning habitat and flow-ways in their natural state. USES PERMITTED No building or structure of part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required: A. Principal Uses: Open Spaces / Nature Preserves Boardwalks subject to appropriate approvals by pertaining agencies. Roadway crossings as noted on Exhibit "A," PUD Master Plan. -18- 6.1 6.2 6.3 6.4 SECTION V! DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 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 regulations applicable to the PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the 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 Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to m the rezoning of the property. In addition, any successor or assignee in title of the developer is subject to the commitments within this agreement. PUD MASTER PLAN Exhibit "A," PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, lot and 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 application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in all common areas in the project. SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET PROVISION The project is proposed to start construction of infrastructure in 2001. Model homes construction will commence in 2001/2002 with build-out estimated at seven to ten years. The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Co Recreational facilities to include at a minimum, one clubhouse facility, two tennis courts and a swimming pool will be completed prior to 50% completion of the project. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 ol' the Collier County Land Development Code. -19- 6.5 6.6 6.7 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION REGULATIONS Ao Street right-of-way (Section 3.2.8.4.16.5 of the Land Development Code): Roads within the Project will be designed and built as private roads with no maintenance responsibility by Collier County. These roads shall have a minimum right-of-way of 50 feet and pavement width shall be a minimum of 12 feet for one-way traffic and 24 feet for two-way traffic. Minimum Distance for right-of-way from Lakes (Section 3.5.7.1.2 of the LDC): internal Roads that run parallel to water management lakes or detention areas shall be allowed a setback of less than 50 feet from the top of bank or control elevation, whichever in greater. Setbacks shall be a minimum of 20 feet unless appropriate justification can be shown through the use of walls or guardrails to reduce the setback to as little as 5 feet. All construction traffic for development of the project shall access the site from Livingston Road. TRANSPORTATION All accesses and roadways not located within County right-of-way will be privately maintained by an entity created by the project developer or his assigns. Road Impact Fees shall be paid in accordance with the Collier County hnpact Fee Ordinance in effect at the time of building permit issuance, unless otherwise approved by the Board of Commissioners. Primary access to the site shall be from Livingston Road and shall be located to line up with the access for the Carlton Lakes PUD. Such access shall be consistent with the County's Access Management Plan for the Livingston Road corridor. The developer shall reserve a 60' easement for future right-of-way along the northernmost portion of the project that lines up with the North property line of Imperial Phase V (as shown on the PUD Master Plan.) Any required landscape buffer for the development shall be located outside the limits of said reservation. If the County requests dedication, the dedication shall occur pursuant to Section 2.2.20.3.7 of the Land Development Code, with the single exception that no impact fee credits may result from this specific dedication. WATER MANAGEMENT In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25 year return frequency and shall be reviewed and permitted by the SFWMD. Before any development construction permits are issued, the developer's engineering consultant shall perform detailed field topographic surveys including cross-sections, a flow-way evaluation and a hydrologic / hydraulic computer water surthce profile modeling study. That study should conclude that there will be no significant adverse impacts on the surrounding properties caused by the installation of the proposed control structure with overflow weir and filling within the historic low lying wetland slough. Said analysis shall be - 20 - 6.8 6.9 6.10 6.11 reviewed and approved by the SFWMD and Collier County Engineering Review Services Staff. The wetland slough shall be improved and maintained in perpetuity by removal of exotic plants and fallen debris that would significantly restrict storm water flow in the slough. The petitioner shall obtain a surface water management permit from the South Florida Water Management District prior to any site development plan approval. Eo The developer shall obtain a letter from the Collier County Director of Stormwater Management stating that the drainage system conforms to local drainage or basin studies being conducted by the department. This letter shall be obtained prior to applying for any Site Development Plan. UTILITIES County water and sewer is available within the Right-of-Way of Livingston Road. All facilities extended to the site and which lie in platted rights-of-way shall be owned and maintained by the Collier County Water/Sewer District. The facilities, whether owned by the District or privately owned, shall be reviewed and installed in accordance with the requirements of Collier County Ordinance No. 97-17 and all federal, state and other existing rules and regulations. ENGINEERING If the property is subdivided into two or more parcels, a plat shall be required. Work within Collier County rights-of-way shall meet the requirements of County Right-of Way Ordinance No. 93-64 ENVIRONMENTAL In accordance with Section 3.9.5.5.3. of the Collier County Land Development Code, twenty-five percent (31.70 acres) of the viable naturally functioning native vegetation on site shall be retained and/or areas of landscaping and open space to be planted with 100 percent native species, to satisfy this requirement. 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 Section Staff for review and approval prior to final site plan/construction plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within conservation/preservation areas. C. Necessary permits from the Department of Environmental Protection and the U.S. Army Corps of Engineers shall be obtained prior to starting construction. LANDSCAPING FOR OFF STREET AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application except where otherwise noted in this document. -21 - 6.12 6.13 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made for the future use of a building within the common area of the Project for the purpose of accommodating an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding on any and all successor owners in interest that acquire ownership of such common areas including, but not limited to. condominium associations, and homeowners associations. This agreement shah provide for a common space sufficient in size to meet the needs of the Supervisor of Elections in providing space for electors residing within the development. HISTORICAL / ARCHAEOLOGICAL 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 as noted in Section 2.2.25.8. I of the Land Development Code. 6.14 NEIGHBORHOOD PARKS This PUD provides recreational amenities for the benefit of the residents that live within the project. These facilities will include a pool, tennis and basketball courts, playground equipment, boardwalks and similar recreational amenities for the use of residents. The developer recognizes that Collier County has placed a high priority on the creation of neighborhood-scaled parks. Prior to 50% build-out of the project and upon the completion of an acceptable Impact fee credit agreement, the developer agrees to provide the following to Collier County: Within the project, the developer shall dedicate a minimum of one (1) acre of property to Collier County for the development of a neighborhood park which is accessible by the general public. The dedication shall occur pursuant to Section 2.2.20.3.7 of the Land Development Code, but in any case shall occur no later than prior to the first issuance of the first Certificate of Occupancy for the project. - 22 - ~t'NVq 11i~lll I I !I~, I Wl/~-/ELO CO~PN~IIE5. live. HEDRICH ENCtNE£RII~. INC. EXI[I?IT B lit ssli I I I I I I i Ifil ill! I lla :i::[ l :I ,I il Ill Ill l! i ii i !'i II I :i I I I :~ ! I I II [ , ' I I I II .,,, ~ <,,. fir:t?'! ./ , ~-6~10'1 lit .LI ~IN9d QIFi/~ dcl I:FI I - "101IKO~ ~X~I I~t'0~ HO/SONTAT'l ;J EXHIB IT D N.T.S. ROAD R/W R/W~... , c~ CONSIlLUCTIO~, ~ 11.1'7' I1.:~* 5' r 2' to* 1.3~ , 13.17' i.33* 10' l- ~OD4 I I SOD i l i1 SOD I sod it ~ I son i [ s 4' ~CK 4' ~1~ 100' ~W TYPICAL SECTION N.T.S. ~ (~.) BREAK POINT ~' BELOW Cfl. VA]t. IES (10W MIN.) L.M,J~ -{~OD TOP OF BANK ,,, c~..,,.,.,o,D!~//- ..../- 12' DBPrd MIN, 20' MAX I BI~DW LAKE TYPICAL SECTION N.T.S. Exh.lblt ! Section ]5.T.S. .[ ~-o' L Trees ~Tvn.~ Shrub A ~ ~'~-~'~ 10 L.B.E Shrub B > . ~ Shrubs {Tvg.) A: Tall 8'-16 Awabuki Vibumum, Myrsine, Ligus~ B: Medium ~'-8' ThruIlls, Cocoplum, Fakahatche Exhibit 1 Madeira Residential / Off-Site Residenti~l Plan N.T.S. Collier County Landscape Buffer Type A Minimum ! Tree Per 30 Linear Feet / V~E & DAkaR, LLP mkW l 1XV{al I 'l{ Suite 805 ' ~ /Fort Myers, FI 33919 Bonita Springs, Florida Tel: 941-437-4~01 · Villages of Made~ . co,ier County Concep~l B~er Plan ' Naples, Rotida , Exhibit 2 Section Trees ~umbo Limbo $hrub~ ~yp.~ A: Tall ~'-16 Awabu~ Vibu~ B: M~ium }'-8' C: ~ 2'-3' ~i~ Ha~m, W~ ~ine, Spider Li Exhibit 2 Madeira Lane / Off-Site Residential Plan N.T.S...., Collier County Landscape Buffer Type A Minimum 1 Tree Per 30 LF (Provided I Tree per 20 LF) VAHASSE & DAYLOR, LLP 8270 College Parkway Sutte 205 Fort Myers, FI 33919 Planners · Landscape ,trehJteob · Civil lnflneero. Environmental Solentbb Tel: 041-437-.4601 · Fax** 041-437-4655 * enalh admlnOVANDAY.eom Villages of Madeira Conceptual Buffer Plan Hedrich Engineerin Inc, Bonita Springs, Florida Collier County Naples, Florida TFees ~Tw.) Exh!b.!t 3 Section ~..T.S. I , / /- oum~oUm~* f ~ ~ } ~. _~ W~dcmte Fence replaces Off-Site Residengal ~ ~ ..... ~ l .~~~~._~ ..... J ......~ ~ ...... [ ....~ ~ ExistinS Fence s~b ~~{ ~o Lnz. Shrubs (Tvo.) A: T~,11 8% ] 6 Awabukl VRmmum, Myrsln¢, Ligustmm B: M~ium 5%8' T~His. Cocoplum, Fakahatchec Grass / Exhibit 3 Madeira Lane / Off-Site ResidentialPlan ]N.T.S~. ColIier County Landscape Buffer Type A Minimum 1 Tree Per 30 LF (Provided 1 Tree per 20 LF) VA_NASSE & DA. YLOR, LLP 81~70 College Parkway Suite 205 Fort Myers, FI 33919 Planner~ * Landscape Architecb · Civil Engineers · Environmental Seientbb Tel: 941-437-4601 * F~x:. 941-437-4636 · eraaft: &dmJnOVils'DAY.eom Villages of Madeira Conceptual Buffer Plan Hedrich Engineerinil Bonita Springs, Flor/do Collier County Naples. Roddo 9419474531 ~ff~I)R I C'H6~.C~-t~. EXHIBIT E PAINE 02 r !~"_ i~' ' it, ! iL' i ;1: ti ;1~ if 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. 2000-80 Which was adopted by the Board of County Commissioners on the 28th day of November, 2000, during Regular Session. WITNESS my hand and the official seal of the Board!~of County Commissioners of Collier County, Florida, this ism.ida,:- of December, 2000. DWIGHT E. BROCK Clerk of Courts and~ .... Ex-off~c~o to Board~ County Comm~ssloner~ By: Ellie Hoffman, Deputy Clerk