Ordinance 2000-084 ORDINANCE NO~ 2000- ~ 4
AN ORDINANCE AMENDING ORDINANCE 91-10:2, AS AMENDED,
COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH
DES THE COMPREHENSIVE ZONING REGULATIONS FOR THE
CORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY
ING FOR SECTION ONE WHICH AMENDS ZONING ATLAS
MAPS NUMBERED 1611 AND 161314 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY
FROM "A," RURAL AGRICULTURAL, TO "PUD," PLANNED UNIT
DEVELOPMENT, KNOWN AS MARCO SHORESfFIDDLER'S CREEK FOR
APPROXIMATELY 167 ACRES, MORE OR LESS, OF PROPERTY FOR
RESIDENTIAL, GOLF COURSE AND OPEN SPACE USES LOCATED IN
SECTIONS 11 AND 14, TOWNSHIP 51 SOUTH, RANGE :26 EAST,
COLLIER COUNTY, FLORIDA; AND AMENDING PUD ORDINANCES
NUMBERED 84-42, 96-4:2, 96-74 AND 98-13, WHICH ESTABLISHED THE
MARCO SHORES/FIDDLER'S CREEK PLANNED UNIT DEVELOPMENT,
TOGETHER WITH ALL SUBSEQUENT AMENDMENTS THERETO BY
PROVIDING FOR: SECTION TWO, AMENDMENTS TO SECTION I,
ENTITLED PROPERTY OWNERSHIP AND DESCRIPTION; SECTION
THREE, AMENDMENTS TO SECTION H, ENTITLED PROJECT
DEVELOPMENT; SECTION FOUR, AMENDMENTS TO SECTION HI,
ENTITLED RESIDENTIAL LAND USE DISTRICT; SECTION FIVE,
AMENDMENTS TO SECTION V, ENTITLED RESERVE DISTRICT;
SECTION SIX, AMENDMENTS TO SECTION VI, ENTITLED BUSINESS;
SECTION SEVEN, AMENDMENTS TO SECTION VH, ENTITLED GOLF
COURSE AND CLUB CENTER; SECTION EIGHT, AMENDMENTS TO
SECTION VIII, ENTITLED PARKS; SECTION NINE, AMENDMENTS TO
SECTION IX, ENTITLED UTILITY ELECTRIC; SECTION TEN,
AMENDMENTS TO SECTION XI, ENTITLED DEVELOPMENT
STANDARDS; AND SECTION ELEVEN, PROVIDING AN EFFECTIVE
DATE.
WHEREAS, on June 12, 1984, the Collier County Board of County Commissioners approved
Ordinance Number 84-42, establishing the Marco Shores Planned Unit Development; and
WHEREAS, subsequent to said approval, the Marco Shores PUD was amended on several
occasions; and
WHEREAS, on July 23,
1996, the Marco Shores PUD was again amendeft-by Or~anc~
Number 96-42 to add 22.9 acres to Unit 30 and to establish the Fiddler's Creek ar~io, f said,PLy. ,3~
and :
WHEREAS, on November 26, 1996, the Board of County Com~ssioners adopted Ordinance
Number 96-74 to add 690 acres to the Fiddler's Creek area of the Marco Shores PUD; and
WHEREAS, on February 24, 1998, the Board of County Commissioners approved Ordinance
Number 98-13 to add 1,385 acres to the Fiddler's Creek area of the Marco Shores/Fiddler's Creek
PUD; and
WHEREAS, George L. Varnadoe, Esquire, of Young, van Assenderp, Varnadoe & Anderson,
P.A., representing 951 Land Holdings, Ltd., a Florida limited partnership, petitioned the Board of
Words underlined are additions; words ~-'-mz~ .'.reug:. are deletions.
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County Commissioners to further amend the Marco Shores/Fiddler's Creek Planned Unit
Development, as amended.
NOW THEREFORE BE IT ORDAINED by the Board of County Commissioners, Collier
County, Florida, that:
SECTION ONE: liEZONE OF AGRICULTURAL AREA FROM "A," RURAL
AGRICULTURAL, TO "PUD," PLANNED UNIT DEVELOPMENT.
The zoning classification of the real property described herein as set forth in Exhibit "A."
attached hereto and incorporated by reference, located in Sections 11 and 14, Township 51 South,
Range 26 East, Collier County, Florida, as indicated on Official Zoning Atlas Maps numbered 1611
and 161314 is hereby changed from "A," Rural Agricultural, to "PUD," Planned Unit Development,
in accordance with the Marco Shores/Fiddler's Creek PUD Document, as amended, and as further
amended herein. Official Zoning Atlas Maps numbered 1611 and 161314, as described in Ordinance
91-102, the Collier County Land Development Code, are hereby amended accordingly.
SECTION TWO:
AMENDMENTS TO PROPERTY OWNERSHIP AND DESCRIPTION
SECTION.
Section 1, entitled "Property Ownership and Description" of Ordinances numbered 84-42, 96-
74, and 98-13, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as
follows:
1.2 LEGAL DESCRIPTION
The development is comprised of several geographic areas generally referred to as Unit 30,
Unit 24, Isle of Capri, Barfield Bay Multi-family, John Stevens Creek, Horr's Island (Key
Marco), and Goodland Marina. The legal description for these parcels will be found in
Exhibit "C" to this document. The legal descripl;i0n for the Fiddler's Creek area of the PUD
is found in Exhibit "FC-C 1" to this document.
1.3 PROPERTY OWNERSHIP
The subject property, with the exception of Unit 30, is currently under the ownership of The
Deltona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30
(2434- acres) has been developed as a resort golf course and is owned by Massachusetts
Mutual Life Insurance Company. Another tract (43.01+ acres) is owned by Southern States
Utilities and is utilized as part of their wastewater treatment operations. The Collier County
School Board owns a twelve (12) acre tract in Unit 30. The remainder of Unit 30 within the
Fiddler's Creek PUD is owned by '~-"~*'~" ~ nn T~ ~ m~.-:.~ ....... .: .... .~ n .... ,7 ·..~.
~ 951 Land Holdings, Ltd., a Florida 'limited partnership, hereinat~er referred to as
Developer, which owns undeveloped portions of the Fiddler's Creek DRI; GBFC
Development, Ltd., a Florida limited partnership, which owns developed portions of Fiddler's
Creek; and DY Land Associates, Ltd., a Florida limited plirtnership, which owns the eastern
u.ndeveloped Fiddler's Creek addition; G.B. Peninsula, Ltd., a Florida limited partnership;
Charles R. Markham, as Trustee of the Charles R. Markham Trust dated September 15, 1982;
Words underlined are additions; words g'a"..zk °~rzu~h are deletions.
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1.7
James E, Williams, Jr., and Dianne R. Williams, husband and wife. Unit 30 will be known as
and referred to as Fiddler's Creek.
COMMUNITY DEVELOPMENT DISTRICT
The developer of Fiddler's Creek has established a Community Development District CCDD")
for the property owned by developer within the Unit 30 portion ofthe Marco Shores PUD,
together with the adjacent 22.9-acre parcel, which was previously incorporated into Fiddler's
Creek. The Developer of Fiddler's Creek may establish a Community Development District
for the Fiddler's Creek Addition, and the 168 acres added to the Fiddler's Creek PUD by this
amendment. As recognized by Development Order 84-3, as amended, a CDD constitutes a
timely, efficient, effective, responsive and economical way to ensure the provision of facilities
and infrastructure to Fiddler's Creek, including the additions thereto.
The Fiddler's Creek Addition is and the 168 acres added to Fiddler'~ Creek by this
amendment are amenable to infrastructure provision by a district that has the powers set forth
in Chapter 190, F.S. 0x)9-5~. (1999).
The 690 acre previous addition to Fiddler's Creek in Section 13, Township 51 South, Range
26 East, (herein "Section 13") approved in Collier County Development Order 96-4 (Res. No.
96-530), and the 1385 acres in Sections 18, 19, and 29, Township 51 South, Range 27 East
r,., ,~,: ..... ,~ .... approved in Collier County Development Order 98-1, (Res. No. 98-49)
are herein collectively referred to as the Fiddler's Creek Addition.
SECTION THREE: AMENDMENTS TO PROJECT DEVELOPMENT SECTION.
Section II, entitled "Project Development" of Ordinances numbered 84-42, 96-784, and 98-
13, the Marco ShoresfFiddler'.s Creek PUD, as amended, is hereby amended to read as follows:
2.3 PROJECT PLAN AND LAND USE TRACTS
mo
The project site plan, including layout of streets and land use 0fthe various tracts, is
iljustrated graphically by Exhibit "A", Master Plan, for all areas other than Unit 30,
Fiddler's Creek. The development tracts are iljustrated individually and each
development tract includes various land uses. A summary of the land uses in each
development area is summarized on the table below.
Areas iljustrated as lakes on the site development plan shall be constructed as lakes
and the interconnecting waterway systems. In Unit 24, these lakes provide the
necessary fill to elevate the development tracts for their assigned uses. The detailed
lake system construction plan shall be approved by the appropriate county and
regional agencies prior to commencement of construction. The remaining
development tracts will be filled to design elevation by the importation of off-site fill.
In addition to the various areas and specific items shown in the development site
plans, such easements (utility, private, semi-public, etc.) shall be established within or
along the various tracts as may be necessary or deemed desirable for the service,
function or convenience of the project's inhabitants.
Do
The PUD Master Plan, as amended, for Fiddler's Creek. Exhibit "FC-A" AI", (this
Exhibit supersedes the Marco shores Shores Master Plan Exhibit "A"), is attached
hereto and made a part hereof by reference. The land uses in Fiddler's Creek (Unit
30) are included in the Land Use Summary below.
Words underlined are additions; words g*~"azk ~.rzug~ are deletions.
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LAND USE SUMMARY
MARCO SHORES PLANNED UNIT DEVELOPMENT
LAND USE UNIT 30 UNIT 24 ISLES OF HORR'S BARFIELD J S CREEK GOODLAND TOTAL
CAPRI ISLAND BAY MF MF MARINA
Residential 142.30 105.89 28.80 12.10 289.09
Multi-Family
Single-Family 0.00
Residential !IdC.3~ 142.30 105.89 28.80 12.10 ! ~.29.39
12~6.89 1515.98
Business 33.62 12.60 7.44 1.70 55.36
Parks 126.~5 13.20 32.30 4.10 175,~,5 177.76
{28.{6
Recreation and I<E3.98 10.00 4.70 15.02 1513.70
open space" 1593. ] { 622.82
Schools 12 12.00 24.00
Utility 43.41 10.00 53.41
Comm. Facilities 6.03 2.00 8.03
Churches 5,00 5.00
Lakes 715.72 30.80 747.52 7!8..5,
687.~7
Roads 190.8 23.60 10.60 0.30 0.81 226.11
Other 10.28 16.07 5.54 0.44 32.33
TOTAL PUD 3753.99 277.57 7.44 142.89 49.04 14.54 15.83 A. 271.30
ACRES .... 39,31.99 ,4.439.3
Residential Units 6000 2544 300 314 72 9230
Development Tract ~ 1.53 9.17 2.10 6.40 4.95 0.00 2.16 2.08
Density
*Not differentiated
**Includes 523 756.4 acres of preserve
****Original PUD did not include 42+ acres of preserve in acreage
***** 100-~ acre park with lake in Section 29 will originally contain nursery, and park uses will be developed later in project.
Words underlined are additions; words z'a'-_k '~.r-,,,:gh are deletions.
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2.4. MAXIMUM PROJECT DENSITY
No more than a maximum of 9,230 residential dwelling units, single and multi-family, shallbe
constructed in the.total project area. The gross project is ~ 4439.3 acres. The gross
project density, therefore, is 2.16 2.08 units per acre. The following is a summary of acreage,
dwelling units and density of each of the development areas shown on the site development
plans.
Development Area Acres Dwelling Unit Gross
Density
Fiddler's Creek ~ ,~ c~ 6,000 ~ ¢c~ 1.53
3,931.99
Unit 24 277.57 2,544 9.17
Isle of Capri 7.44 0 N/A
Horr's Island 142.89 300 2.10
Barfield Bay MF 49.04 314 6.40
John Stevens Creek 14.54 72 4.95
Goodland Marina 15.83 0 N/A
4rggt-30 9230 2.16 2.08
4,439.3
2.5
PROJECT PLAN APPROVAL REQUIREMENTS
Ao
Prior to the recording of the Record Plat, final plans of the required improvements shall
receive the approval of all. appropriate Collier County governmental agencies to insure
compliance with the Plan of Development, the County Subdivision Regulations and the
platting laws of the State of Florida. If exceptions to the Subdivision Regulations are
requested for any plat, those exceptions shall be reviewed and approved by the
Subdivision Review Committee.
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Exhibit "A" - Master Plan, constitutes the required PUD Development Plan and the
Subdivision Master Plan. Subsequent to its approval, the Final Site Plans and Final
Subdivision Plat shall be submitted for approval. Exhibit "FC-Ae AI" - Fiddler's Creek
Master Plan constitutes the PUD Development Plan for the property described in Exhibit
"FC-G CI" hereof.
SECTION FOUR: AMENDMENTS TO RESIDENTIAL LAND USE DISTRICT
SECTION.
Section III, entitled "Residential Land Use District" of Ordinances 84-42, 96-74 and 98-13,
the Marco ShoresJFiddler's Creek PUD, as amended, is hereby amended to read as follows:
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for areas
within Fiddler's Creek designated on Exhibit "FC-A A1" as Residential - "R".
Each residentially designated tract or parcel shall be developed with similar or compatible
structures within that tract or parcel.
Words underlined are additions; words :',.reek ~'~c, ug~ are deletions.
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3.3 GENERAL DESCRIPTION
Areas designated as "R" on the Fiddler's Creek Master Plan are designed to accommodate a
full range of residential dwelling types, compatible non-residential uses, a full range of
recreational facilities, essential services, and customary accessory uses.
The approximate acreage of the "R" district is indicated on the Master Plan iS 1227 acres.
This acreage is based on conceptual designs and is approximate. Actual acreage of all
development tracts will be provided at the time of Conceptual Site Plan approval or
Preliminary Subdivision Plat approvals. Residential tracts are designed to accommodate
internal roadways, open spaces, parks and amenity areas, lakes and water management
facilities, and other similar uses found in residential areas.
Each residentially designated tract or parcel shall be developed with similar or compatible
structures within that tract or parcel.
3.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
(1) Single Family Detached Dwellings.
(2) Single Family Patio and Zero Lot Line Dwellings.
(3) Two-family and Duplex Dwellings.
(4) Single Family Attached and Townhouse Dwellings.
(5) Cjuster Housing
(6) Multi-Family Dwellings including Garden Apartments.
(7)
Churches and other places of worship, subject to Collier County staff
administrative approval during Site Development Plan review to address site
location, size, ingress and egress, and buffering requirements, and subject to
the Multi-family Development Standards set forth in Table I.
(8) Model Homes and Sales Centers, as provided in Section 3.6.
(9)
Group Care Facilities (Categories I and II), and Family Care Facilities only on
Parcels ~'~ "~ '~ ~...a ,~ 21, 22, 60, 61, 62, 64, 65, 66, 67, 68, 69 and 70
Exhibit '-h~"FC AI"
(10)
Any other principal use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be compatible in
the "R" District.
B. Accessory Uses and Structures:
(1)
Accessory uses and structures customarily associated with principal uses
permitted in this district.
(2)
Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "R" District.
Words underlined are additions; words :~'..zk '.?.r^..ug?. are deletions.
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SECTION FIVE: AMENDMENTS TO RESERVE DISTRICT SECTION.
Section V, entitled "Reserve District" of Ordinances 84-42, 96-74 and 98-13, the Marco
Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows:
5.4 DEVELOPMENT STANDARDS
Within Fiddlers Creek, with the exception of Fiddler's Creek Addition, all structures
shall setback a minimum of five feet (5') from Reserve district boundaries and roads,
except for pathways, boardwalks and water management structures, which shall have
no required setback. Buffers shall be provided around wetlands in Fiddler's Creek
Addition, extending at least fifteen feet (15') landward from the edge of wetland
preserves in all places and averaging twenty-five feet (25') from the landward edge of
wetlands.
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 Fiddler's Creek r~.:~ r,_..:.~:.~. design
guidelines and Standards standards, are to be in accordance with the Collier County
Land Development Code in effect at the time of Site Plan approval. Unless otherwise
indicated, required yards, heights, and floor area standards apply to principal
structures.
SECTION SIX: AMENDMENTS TO BUSINESS SECTION.
Section VI, entitled "Business" of Ordinances 84-42, 96-74 and 98-13,
Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows:
6.3
the Marco
PURPOSE
The purpose of this Section is to indicate the development plan !and regulations for the areas
designated on Exhibits "A" and "FC-AI" as Business.
DEVELOPMENT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred (100) feet.
C. Minimum Yard Requirements:
(1) Front yard - Twenty-five (25) feet.
(2) Side yard - none, or a minimum of five (5) feet unobstructed passage from
front to rear yard.
(3) Rear yard - Twenty-five (25) feet.
Words underlined are additions; words g'~',:ek t?.rc, u~?. are deletions.
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Po
Maximum Height: Fifty (50) feet within Fiddler's Creek, and Fov~forty (40) feet
elsewhere.
Minimum Floor Area of Structures: One thousand (1,000) square feet per building on
the ground floor.
Distance Between Structures: Same as for side yard setback.
SECTIONSEVEN: AMENDMENTS TO GOLF COURSE AND CLUB CENTER
SECTION.
Section VII, entitled "Golf Course and Club Center" of Ordinances 84-42, 96-74 and 98-13,
the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows:
7.1 PURPOSE
The purpose of this Section is to indicate the development plan land regulations for the areas
designated on Exhibit Exhibits "A" and "FC-AI" as Golf Course and Club Center.
7.3 DEVELOPMENT STANDARDS
A. Principal structures shall be setback a minimum of twenty feet (20') from district
boundaries and roads, and fifty feet (50') from all residential tracts.
B. Accessory structures shall be setback a minimum of ten feet (10') from district
boundaries and roads, and twenty feet (20') from 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 - F4fiy Sixty feet (-50~60').
E. Minimum distance between principal or accessory structures which are a part of an
architecturally unified grouping - Ten feet (10').
F. Minimum distance between all other principal structures -Twenty feet (20').
G. Minimum .distance between all other accessory structures -Ten feet (10').
H. Minimum floor area - None required.
I. Minimum lot or parcel area - None required.
J. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Fiddler's Creek design guidelines and
standards, 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.
SECTION EIGHT: AMENDMENTS TO PARKS SECTION.
Section VIII, entitled "Parks Unit 30,Unit 24, Barfield Bay MF, Horr's Island, and Section 29
of the Fiddler's Creek Addition Development Areas" of Ordinances 84-42, 96-74 and 98-13, the
Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows:
Words ur~derlined are additions; words :. ~ .'..-eug:. are deletions.
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8.1
PURPOSE
The purpose of this Section is to indicate the development plan land regulations for the areas
designated on ~ ExhibitS, "A" and "FC-AI" as Parks.
SECTION NINE: AMENDMENTS TO UTILITY, ELECTRIC SECTION.
Section IX, entitled "Utility" "Electric" of Ordinances 1t4-42, 96-74 and 9tt-13, the Marco
Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows:
9.1 PURPOSE
The purpose of this Section is to indicate the development plan land regulations for the areas
designated on Ex~:.b~t Exhibits "A" and "FC-AI" as "Utility" "Electric".
SECTION TEN: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION.
Section XI, entitled "Development Standards" of Ordinances 84-42, 96-74 and 98-13, the
Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows:
11.3 MASTER PLAN
cvs.:~.;+ Exhibits "A" and "FC AI" Master P4m~Plans, iljustrates-iljustrate the
proposed development.
The design criteria and design iljustrated on Ex~:.b:.t Exhibits "A" and "FC-AI" and
stated herein shall be understood as flexible so that the final development may best
satisfy the project, the neighborhood and general local environment. Minor site
alterations may be permitted subject to planning staff and administrative approval.
Go
All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities and all areas in the
project.
Do
To protect the integrity of the multi-family residential neighborhood, internal roads
within the multi-family development tracts will be private. All other roads as shown
on the Exhibit "A" development plans of Unit 24 and John Stevens Creek will be
public. It is intended that the major road system within Fiddler's Creek will be
developed and maintained by the Fiddler's Creek Community Development District.
Developer may, at its option, develop any roadway within Fiddler's Creek as a private
road. Those portions of the roads depicted on the development plan of Barfield Bay
Multi-family and Horr's Island that lie within the security entrance adjacent to S.R.
951 shall be private roads. The other roads in the Barfield Bay Multi-family area will
be public roads.
11.4PROJECT DEVELOPMENT AND RECREATION FACILITIES
The proposed development is iljustrated in ~ Exhibits "A" and "FC-A AI" (for Fiddlees
Creek). The proposed construction shall comply with all standards set forth and the resulting
complete project shall adequately serve its occupants and members and will not cause a
general public problem. Such measures as the construction of streets, screens, signs,
landscaping, erosion control and other similar-in-function facilities shall be taken to
accomplish the above set forth objectives.
Recreation facilities shown on Exhibit "A" and "FC-A AI" (for Fiddler's Creek) development
plan shall be provided and completed in timing with the adjacent residential units. The
ramhem Marriott golf course in Fiddler's Creek has been constructed by a resort hotel
corporation. This course will be primarily for the recreational use of their guests.
Words underlined are additions; words :~-~=k +.~zc.u~?. are deletions.
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11.17
Secondarily, residents of the Fiddler's Creek area will have access to this course on an as
space is available basis, and the public may have access on a similar basis. The so,athem~ad
eastern remaining golf courses in Fiddler's Creek shall be constructed when feasible to serve
the surrounding residential units. The ~,e, uther'... an~ ¢a~te,.'~ remaining golf courses and
community center (including tennis facilities) shall be privately owned facilities and
constructed on the designated sites in conformance with the development needs of the
project.
Neighborhood parks, bicycle paths, and other community recreation facilities shall be
constructed and completed in conformance with the general development schedule of the
project.
Those facilities scheduled for donation to the County as part of the development plan are
community facility sites, school sites, and neighborhood park sites. Those facilities within
Fiddler's Creek scheduled for donation to the County are two community facility sites.
Neighborhood park sites within Fiddler's Creek will be dedicated to the homeowners
association or the Community Development District upon their completion in conformance
with the developer's progressive development schedule of the project. A community facility
site will be dedicated to the East Naples Fire Control District in Unit 27. In Fiddler's Creel a
site will be dedicated for a library and another site will be dedicated for fire station, EMS, and
other public purposes. Deltona previously dedicated school sites within Fiddler's Creek to the
Collier County School Board. Subsequently, the Collier County School Board has agreed to
trade at least two of said sites to the developer for other needed sites in Collier County. The
community facility sites in Fiddler's Creek will be dedicated to the County upon request.
WATER MANAGEMENT
Detailed site drainage plans shall be submitted to the County Engineer for review. No
construction permits shall be issued unless and until approval of the proposed construction in
accordance with the submitted plans is granted by the County Engineer, except to the extent
permitted by the Fill Agreement described in Section 11.5 hereof.
A. FIDDLER'S CREEK SECTION 13
The following standards and stipulations shall apply to Section 13 of the Fiddler's
Creek portion of the PUD:
The perimeter berm for Section 13 shall meet Land Development Code
requirements as to setbacks from the property line.
Provisions for Section 13 to accept or pass through existing flows from
culverts SIS-001-S0 150 and 180 under U.S. 41 shall be addressed by one or
more of the following methods:
a)
Routing west along north line of Section 13 connecting to U.S. 41
outfall Swale No. 1,
b) Routing south along east side of Section 13, and further south
connecting to Fiddler's Creek spreader facility.
c) Routing through project's internal water management system.
All of the above are subject to permitting by South Florida Water
Management District (SFWMD).
Within six (6) months of approval of the rezone of Section 13, Developer shall
grant a "temporary" easement to accommodate the construction of U.S. 41
outfall Swale No. 1 along the west and north sides of Section 13, the profile
of which shall not exceed that set forth in the construction plans therefor, as
revised May 1992. Developer shall grant permanent easements as part of the
platting process for properties adjacent to the temporary easement, and shall
Words underlined are additions; words :'c'.:z!~ .'.rz::~. are deletions.
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have the ability to change the boundaries of the easement, and the profile of
the drainage swale during said platting process, provided minimum flows are
maintained.
Any other drainage easements required in Section 13 for the conveyance of
off-site flows shall be dedicated and recorded within one (1) year of the
approval of the rezone of Section 13, pursuant to the process set forth in 3
above.
FIDDLER'S CREEK SECTIONS 18 AND 19
The following standards and stipulations shall apply to Sections 18 and 19 of the
Fiddler's Creek portion of the PUD:
Any perimeter berm for Sections 18 and 19 shall meet Land Development
Code requirements as to setbacks from property line.
The developer shall provide for a water management easement along the east
sides of Sections 18 and 19 to pass through existing flows from culverts
SIS-00-S0220 and SIS-00-S0110 to assist the County in managing drainage
on the U.S. 41 corridor and to attempt to re-establish historical flow patterns.
The following shall apply to such an easement:
The temporary easement shall not exceed eighty-five feet (85') in
width.
County shall be responsible for all permitting regarding said easement
and constructing any needed outfall structures if the County desires to
build the facilities prior to development of Sections 18 and 19.
The above is subject to permitting by South Florida Water
Management District C SFWMD").
Within 6 months of the acquisition of Sections 18 and 19, Developer shall
grant to Collier County an eighty-five foot (85') "temporary" easement to
accommodate the construction of a drainage easement along the east side of
Sections 18 and 19. Developer shall grant permanent easements as part of the
platting process for properties adjacent to the temporary easement and shall
have the ability to change the boundaries of the easement and profile of the
drainage swale during said platting process, provided minimum flows are
maintained. ~ .~Ct~t~tx~n~ - txo OCt~4~l [ /l~. Or' S,.t-r; lca~
The purpose of the F:~~iiP,<~~ set forth above is to provide for
acceptance of the flows from north ofU. S. 41 which historically would have
sheet-flowed across Sections 18 and 19.
Any temporary outfall constructed by the County may be removed by
Developer if the flows accommodated by water to said outfall are routed into
the Fiddler's Creek spreader swale system.
FIDDLER'S CREEK ADDITION OF 168 ACRES
Th~ following standards and stipulations shall apply to the 168-a~re addition to the
Fiddler's Creek portion of the PUD. Provisions for the 168 acre addition to accept or
pass through existing flows from the existing canals which convey flow from the
North and West, shall be addressed by one or more of the following methods:
Continued use of the existing easements provided to Collier County for pass
through of existing flows until such time that alternative easements could be
provided.
Words underlined are additions; words a°a'ack tF. rough are deletions.
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bo
Rerouting of the existing flows through the internal lake system to be
developed within Fiddler's Creek. The existing easements (a. above) shall
then be replaced with a permanent easement not exceeding 851in width
encompassing the rerouted flows. L-.~ ~
The above methods are subject to permitting by the South Florida Water
Management District ("SFWMD").
The Developer shall grant permanent easements as part of the platting process and
shall have the ability to change the boundaries of the easements and profiles of the
drainage swales during said platting process, provided minimum flows are maintained.
The Developer shall be responsible for all permitting and construction costs for any
new easements and drainage swales.
11.18 POLLING PLACES
Community facility sites have been provided throughout the major development areas to
provide for this facility. If no appropriate county facilities are available, rooms will be
provided within ,,~e~eeq-ea~io~ a building or buildings designated by the Developer and
approved by the Collier County Supervisor of Elections of the purpose of permitting residents
to vote during all elections. The number and location of needed rooms within such building
or buildings will be determined by Collier County Supervisor of Elections.
11.19 GENERAL LANDSCAPE DEVELOPMENT CONCEPT
The development of all tracts shall be subject to the then current County regulations
concerning landscaping.
Special provisions for the possible preservation of selected vegetation are provided in the
stipulations relating to Horr's Island, Barfield Bay and John Stevens Creek development areas.
Special procedures are anticipated to provide for the maximum possible preservation of
native vegetation in these areas.
A. Preservation and Reservation Areas:
Approximately 15,000 acres of valuable wetlands and other preservation areas have
been deeded to the State of Florida in conjunction with the Settlement Agreement
referred to elsewhere in this document. In addition to these areas, approximately 693
756.4 acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit
"FC-A" AI"., and as regulated by Section V hereof. Other than incorporation into the
approved drainage design or as allowed by permits or this PUD, these areas will be
let~ untouched, with the exception of the required removal of exotic vegetation, and
deeded to the homeowners association or approved entity upon platting of these
specific areas.
11.20 MAINTENANCE FACILITIES
A. Unit 24 and Fiddler's Creek
Developer may create a community development district for Fiddler's Creek. If such a
district is created it will comply with the following requirements.
If the Fiddler's Creek Developer creates a community development district ("The
Fiddler's Creek Community Development District") pursuant to Chapter 190, Florida
Statutes, all the property in Unit 30 owned by Developer will may be included within
the Fiddler's Creek Community Development District.
The Fiddler's Creek Community Development District may own and may have the
responsibility for operating, maintaining, and as appropriate, improving and expanding
the following common areas and facilities:
Words underlined are additions; words g'wazk '..~rzv. gh are deletions.
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(1)
Any drainage facilities and rights-of-way (streets and roads) that are not
dedicated to the County at the time of platting;
(2)
The water management systems within Fiddler's Creek owned and developed
by Developer, including lake and lakeshore maintenance;
(3) Parks, other than those dedicated to the homeowners association;
(4)
Certain recreational amenities and facilities which are not owned and operated
by the Developer, other private interests, the homeowners association, or
individual condominium associations;
(5) Street lighting, and;
(6) Other allowed facilities and services pursuant to Chapter 190, Florida
Statutes. O{/"' /~'? ~
Chapter 190, Florida Statutes_og(rants community development districts created thereunder all
powers necessary to achieve their purposes, including the power to levy and collect taxes and
special assessments, borrow money and issue bonds.
11.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK
The following Subdivision Regulations from the Land Development Code ("LDC") shall be
waived and modified as follows:
Land Development Code {}3.2.8.3.17.2 - Sidewalks will be constructed as shown on
the roadway cross-sections attached as Exhibit "FC-F". At Developer's option,
bikepaths may be substituted for sidewalks and sidewalks shall be optional for
roadways with fifty foot (50') right-of-ways and that serve only one tract or parcel.
Land Development Code {}3.2.8.4.1 - The access requirements of this Section are
waived and connections shall be as shown on the Master Plan.
Land Development Code {}3.2.8.4.3 - Block lengths shall be as shown on the Master
Plan.
Land Development Code {}3.2.8.4.16.5 - Right of way widths shall be as shown on the
roadway cross-sections attached as Exhibit "FC-F".
Land Development Code {}3.2.8.4.16.6 - The length of dead-end streets or cul-de-sacs
shall be as shown on the Master Plan.
Fo
Land Development Code {}3.2.8.4.16.9 &. 10 - The minimums of these sections are
waived and these tangents shall be as depicted on the Master Plan, except for the
Fiddler's Creek Addition. As to the Fiddler's Creek Addition, the minimum of these
sections may be waived administratively at time of PSP or development plan submittal
with justification based on design speed.
Go
Land Development Code {}3.2.8.3.19 - Developer reserves the right, subject to
approval of Co!lief County Transportation Department, to seek substitutes for traffic
and street signs within the boundaries of Fiddler's Creek.
Land Development Code {}3.5.7.1 - Excavation setback distances may be reduced by
the Collier County Engineering Review upon demonstration by Developer that traffic
safety considerations are addressed.
Land Development Code {}3.5.7.2 &.3 - Excavation side slopes and depths shall be in
accordance with the aforementioned Settlement Agreement, except for the Fiddler's
Creek Addition, which shall be in accordance with Division 3.5 of the Land
Development Code.
Words tlnderlined are additions; words :'a~ac.k t?.rv. ugh are deletions.
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11.22
Land Development Code {}3.2.8.4.16.12. d - The pavement surface coarse thickness
shall be as shown on roadway cross-sections as Exhibit "FC-F", except for the
Fiddler's Creek Addition where pavement surface course thickness shall be pursuant
to Appendix "B" of the Land Development Code.
Collier County Land Development Code provisions requiring platting, site
development plan approval and/or issuance of building permits as preconditions for
land clearing, excavation and filling of land within the Fiddler's Creek portion of the
PUD, as amended, shall not apply to those lands which have been previously utilized
and cultivated as farm fields. Excavations will conform to the excavation
requirements contained in Division 3.5 of the Land Development Code, except as may
be provided herein.
SIGNS IN FIDDLER'S CREEK
All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land
Development Code, as the same may be in effect at the time of Site Development Plan
approval, with the following exceptions:
A. Permanent Community Signage
Project Identification Signs - Two ground, wall, or gate project identification
signs may be located at each entrance to the development, subject to the
following requirements:
(a)
Such signs shall only contain the name of the development and any
symbol or icon identifying the development, and shall not contain any
promotional or sales information.
(b)
Project identification signs shall not exceed sixty (60) square feet
each, excluding mounting surfaces or structures. Where signage is
affixed or an integral part of a wall or fence, the face of the sign may
protrude above the upper edge of the wall or fence, but remain subject
to height restrictions.
(c)
No project identification signs shall exceed the height often feet (10')
above the finished ground level of the sign site.
Boundary Monument Signage - Project monument signs may be located at or
near each boundary of the project on S.R. 951 and U.S. 41, provided that no
such sign shall exceed twelve (12) square feet, excluding mounting surfaces or
structures, and further providing that all other requirements of 11.22A. 1) are
met.
Tract Identification Signs - Each tract containing a different use may have at
each entrance or in other approved location an identification sign not more
than si~ eight feet (6' 8') in height and thirty-two (32) square feet in area,
provided the requirements of Section 11.22A. 1) not in conflict herewith are
met.
Directional Signs - At each intersection in the development, four (4) square
foot directional identification signs are permitted for each separate use being
identified for directional purposes. One sign may incorporate all uses being
identified, shall maintain a common architectural theme, such sign shall not
exceed six feet (6') in height and twenty (20) square feet in area, and shall
meet the requirements of Section 11.22A. 1) not in conflict herewith.
Temporary or Promotional Signage - These signs are to direct prospective purchasers
and identify the various projects being developed.
Words underlined are additions; words s~mzk '2'cc, ugk are deletions.
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One development announcement sign may be erected on each project street
frontage for each tract or parcel, identifying the proposed project or project
under construction, subject to the following requirements:
(a) There shall be no more than two (2) signs per tract, parcel or project.
(b)
Such signs shall not exceed sixty (60) square feet in area, excluding
mounting surfaces or structures. Where such signage is attached or
aftixed to a wall or fence, the face of the sign may protrude above the
upper edge of the wall or fence, but remain subject to height
restrictions.
(c)
No development announcement signs shall exceed ten feet (10')above
the finished grade of the sign site.
Residential Lot Signs - Individual residential lots may be identified by a sign
not to exceed two (2) square feet or protrude more than three feet (3') above
the finished grade of the lot, provided such sign shall only contain the
following information: lot number, name of owner or builder, and telephone
number for contact, and shall comply with the requirements of Section
11.22.B. 1) not in conflict herewith.
Residential Construction Lot Signs - During the construction phase on any
residential !or, a temporary sign identifying the owner, builder, lot number,
and phrase such as "the new home of"may be erected, subject to the
following requirements:
(a)
Such signs shall not exceed six (6) square feet in area or protrude
more than four feet (4') above the finished grade.
(b)
Such signs shall meet the requirements of Section 11.22B. 1) not in
conflict herewith.
SECTION ELEVEN:
EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this ~~ day of ~ ,2000.
Marjoried~l~. Student
ASSISTANT COUNTY ATTORNEY
Board of County Commissioners
Collier County, Florida
JamesD. a eft r,~
This ordinance filed with the
Secretary of Sb0~te's Office the
or~d ocknowtcdgernent of that
filh:~]~j,%c.e~'v,ed this ~*~ay
of_~ ~
Words underlined are additions; words a'a'.'-ek '2'.rzugh are deletions.
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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. 2000-84
Which was adopted by the Board of County Commissioners on
the 12th day of December, 2000, during Regular Session.
WITNESS my hand and the official
County Commissioners of Collier County,
of December, 2000
seal of the Boar
Florida, this
DWIGHT E. BROCK
Clerk of Courts and
Ex-officio to Board
Count y Commi s s lone r
By: Ellie Hoffman,