Ordinance 2001-067ORDINANCE NO. 01- 6 7
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 MAP NUMBERED 8635S
BY CHANGING THE ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FROM
"PUD" TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS BUCKS RUN PUD, FOR PROPERTY
LOCATED ON THE EAST SIDE OF COLLIER
BOULEVARD (C.R. 951), APPROXIMATELY 700
FEET NORTH OF VANDERBILT BEACH ROAD (C.R.
862), IN SECTION 35, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 38.99+ ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 99-79, AS
AMENDED, THE FORMER MAURIEL PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, William L. Hoover of Hoover Planning & Development, Inc., representing Bucks
Run Land Trust, 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, that:
SECTION ONE:
The Zoning Classification of the herein described real property located in Section 35, Township
48 South, Range 26 East, Collier County, FlOrida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is
incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered
8635S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Number 99-79, as amended, known as the Bucks Run PUD, adopted on November
23, 1999 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THR~E: ~
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 ,2?~ay of '-~~ ,2001.
ATTEST':
DWIGtt,T, E, BROCK, Clerk
· .c..~x*' i'; ....
~a~i},}t~orm and
.Legal Sufficiency
Marjori~ M. Student
Assistant County Attorney
g/admin/PUD-98-15(2)/RB/im
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed with the
Secretory of State's Office the
r~Cdoy of ~, ;~,a,/,
and acknowledgement of that
filing received this /,~-~ day
-2-
BUCKS RUN PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
PASTOR DONALD WIGGINS
RESTORATION CHURCH, INC.
259 AIRPORT ROAD SOUTH
NAPLES, FLORIDA 34104
PRESIDENT MICHAEL D. WOHL
PINNACLE HOUSING GROUP, INC.
9400 S. DADELAND BLVD., SUITE 100
MIAMI, FLORIDA 33156
WILLIAM L. HOOVER, TRUSTEE
BUCKS RUN LAND TRUST
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEV., INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
and
Q. GRADY MINOR, P.E./WAYNE ARNOLD, AICP
Q. GRADY MINOR & ASSOCIATES, P.A.
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34134
DATE FILED BY APPLICANT: November 15, 2000
DATE REVISED BY APPLICANT: September 19, 2001
DATE REVISED BY COLLIER COUNTY: ,November 27~ 2001
DATE APPROVED BY BCC: November27, 2001
ORDINANCE NUMBER:
EXHIBIT "A"
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
SECTION III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
PAGE
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ii
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3
6
9
15
16
EXHIBIT "A"
EXHIBIT "B"
EXHIBIT "C"
LIST OF EXHIBITS
PUD MASTER PLAN
PUD WATER MANAGEMENT PLAN
AFFORDABLE HOUSING ARCHITECTURAL ELEVATIONS
STATEMENT OF COMPLIANCE
The development of approximately 39.06_+ acres of property in Collier County, as a
Planned Unit Development to be known as Bucks Run 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 Bucks Run 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 with, and complementary to, surrounding
land uses and meets the compatibility criteria of the Land development Code 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 .G of the Future Land
Use Element.
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.
The project is located within the Urban Residential Mixed Use District on the
Future Land Use Map. The "East Tract" of the project is designated as an
Affordable Housing Density Bonus project. The projected density of 11.97
dwelling units per acre on the "East Tract" is in compliance with the Future Land
Use Element of the Growth Management Plan based on the following
relationships to required criteria:
"East Tract" with an Affordable Housing Project
Base Density 4 dwelling units/acre
Affordable Housing Density Bonus +8 dwelling units/acre
Maximum Permitted Density 12 dwelling units/acre
Requested density - 11.97 dwelling units/acre
Maximum permitted units = 24.06 acres x 11.97 dwelling units/acre - 288
units.
The projected density of 4.0 dwelling units per acre, for each acre residentially
developed, on the '~/Vest Tract" is in compliance with the Future Land Use
Element of the Growth Management Plan based on the following relationships to
required criteria:
'~Vest Tract" with a Residential Project
Base Density 4 dwellinq units/acre
Maximum Permitted Density 4 dwelling units/acre
Requested density = 4.0 dwelling units/acre
Maximum permitted units = 15.0 acres x 4 dwelling units/acre = 60 units.
(For every acre of residential area that is developed for non-residential
uses, 4 dwelling units shall be subtracted from the maximum of 60
dwelling units on this tract.)
The Urban designation allows for a variety of community facilities, such as
churches, schools, and child care centers.
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 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 Bucks Run PUD.
1.2 LEGAL DESCRIPTION
The subject property being 39.06_+ acres, is located in Section 35, Township 48
South, Range 26 East, and is fully described as:
The North half of the Southwest quarter of the Southwest quarter of
Section 35, Township 48 South, Range 26 East, Collier County, Florida,
less and except the West 100 feet thereof, previously conveyed for a road
and canal right-of-way.
The North half of the Southeast quarter of the Southwest quarter of
Section 35, Township 48 South, Range 26 East, Collier County, Florida,
subject to an easement for public road right-of-way over and across the
East 30 feet thereof.
1.3 PROPERTY OWNERSHIP
The subject property is owned as follows:
The north 8.0 acres of the western 15.0 acres, labeled "West Tract" on Exhibit
A", of the subject property is owned by Restoration Church, Inc. and the south
7.0 acres of the West Tract is under option to purchase contract by Restoration
Church, Inc., Pastor Donald Wiggins, 259 Airport Road South, Naples, Florida
34104. The south 7.0 acres of the West Tract and the 24.06 acres labeled "East
Tract" on Exhibit "^" is owned by the Bucks Run Land Trust dated July 27, 1999,
Trustee William L. Hoover, 3785 Airport Road North, Suite B-l, Naples, Florida
34105. Pinnacle Housing Group, Inc., President Michael D. Wohl, 9400 S.
Dadeland Boulevard, Suite 100, Miami, Florida 33156 has the west 13.33 acres
of the 24.06-acre "East Tract" under purchase contract and the east 10.73 acres
of the "East Tract" under option to purchase contract.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
Ao
The subject property is located on the east side of Collier Boulevard,
approximately 700 feet north of Vanderbilt Beach Road (unincorporated
Collier County), Flodda.
The entire project site is zoned PUD, Bucks Run, approved by. Collier
County Ordinance No. 99-79.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the 951 Canal North Drainage Basin
according to the Collier County Drainage Atlas; the eastern portion of the site is
located within the Cypress Canal Drainage Basin. The proposed outfall for the
project is the CR-951 roadside ditch located at the west property line of the
project.
Natural ground elevation varies from 12.0 NGVD within the onsite wetland areas
to 13.0 NGVD at the CR-951 right-of-way line constituting the west property line;
average site elevation is 12.4 NGVD. The entire site is located within FEMA
Flood Zone "X" with no base flood elevation specified.
The water management system of 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.
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, minimum roadway centerline,
perimeter berm and finished floor elevations, water quality pre-treatment, and
wetland hydrology maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #2 - Holopaw Fine Sand, Limestone
Substratum with a small area of #10 - Oldsmar Fine Sand at the extreme
eastern portion of the site.
The site vegetation consists primarily of slash pine, cabbage palm, and Cypress
trees with upland areas of Slash Pine and Saw Palmetto. Due to artificial
lowering of the water table by the CR-951 canal, grape vine and poison ivy
groundcover have infested the site. The site is also heavily infested with
Brazilian Peppers and Melaleuca trees, both exotic species..
4
1.6 PROJECT DESCRIPTION
The westedy portion of the Bucks Run PUD is comprised of 15.00 acres labeled
"West Tract" on Exhibit "A", PUD Master Plan and is limited to a maximum of 60
residential units. A church, child care, and/or school may also be developed on
all or a portion of the "West Tract" but the school cannot begin construction until
November 27, 2005. Once a church, child care facility, or a school is developed
on the "West Tract", residential development on the "West Tract" shall be limited
to a maximum of 2 units comprised of only parsonages and/or care taker's
residences, that are accessory to the church and/or school uses.
The easterly portion of the Bucks Run PUD is comprised of 24.06 acres labeled
"East Tract" on Exhibit "A", PUD Master Plan and is limited to a maximum of 288
residential units, via an accompanying Affordable Housing Density Bonus
petition. Up to 200 of these dwelling units on the "East Tract" can be developed
at this time in Phase I but building permits for the remaining units cannot be
pulled until Phase II commences. Phase II commences at the eadier of January
1, 2005, or when the funding for the construction of C.R. 951, between
Immokalee Road and Golden Gate Boulevard, has been approved by the Board
of County Commissioners. Recreational facilities will be provided in conjunction
with the dwelling units.
The residential and other principal 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.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Bucks Run Planned Unit
Development Ordinance".
2.1
2.2
PURPOSE
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
GENERAL
Regulations for development of the Bucks Run 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.
All conditions imposed and graphic material presented depicting
restrictions for the development of the Bucks Run PUD shall become part
of the regulations, which govern the manner in which the PUD site may be
developed.
All applicable regulations, unless specifically waived through a variance or
separate provision provided for in 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
The '~Vest Tract" of 15.00 acres is limited to a maximum of 60 dwelling units.
Once a church, child care facility, or a school is developed on the '~/Vest Tract",
residential development on the "West Tract" shall be reduced from 60 units to a
maximum of 2 residential units. These 2 residential units shall be further limited
to parsonages and/or care taker's residences, that are accessory to the church
and/or school uses. The "East Tract" of 24.06 acres is limited to a maximum of
288 dwelling units, via an accompanying Affordable Housing Density Bonus
Agreement. Up to 200 of these dwelling units on the "East Tract" can be
developed at this time in Phase I but building permits for the remaining units
cannot be pulled until Phase II commences. Phase II commences at the eadier
of January 1, 2005, or when the funding for the construction of C.R. 951,
between Immokalee Road and Golden Gate Boulevard, has been approved by
the Board of County Commissioners. If the entire project of 39.06 acres is
developed for residential uses, the dwelling units shall be limited to a maximum
of 348 units with a maximum gross residential density of 8.87 units per acre.
2.4
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
The general configuration of the land uses are illustrated 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.
Bo
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.
Co
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.
2.5
MODEL UNITS AND SALES FACILITIES
Ao
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.
2.6
Temporary sales trailers and construction trailers can be placed on the
site after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to the other 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.
Off-site disposal is also hereby permitted subject to the following conditions.
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.
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 Residential Areas
of the PUD shall be 348 units. Once a church, child care facility, or a school is
developed on the '~/est Tract", residential development on the '~/Vest Tract"
shall be reduced from 60 units to a maximum of 2 residential units. These 2
residential units shall be further limited to parsonages and/or care taker's
residences, that are accessory to the church and/or school uses. The "East
Tract" of 24.06 acres is limited to a maximum of 288 dwelling units, via an
accompanying Affordable Housing Density Bonus Agreement. Up to 200 of
these dwelling units on the "East Tract" can be developed at this time in Phase I
but building permits for the remaining units cannot be pulled until Phase II
commences. Phase II commences at the earlier of January 1,2005, or when the
funding for the construction of C.R. 951, between Immokalee Road and Golden
Gate Boulevard, has been approved by the Board of County Commissioners.
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 and duplexes.
Multi-family dwellings (includes townhouses, garden apartments,
villas, coach homes, and carriage homes).
4. Churches and houses of worship ("West Tract" only).
Schools, private and public ("West Tract" only and not before
November 27, 2005).
6. Child care centers ("West Tract" only).
Any other use deemed comparable in nature by the Development
Services Director.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's playground areas, tot lots, boat
docks, walking paths, picnic areas, recreation buildings, verandahs,
and basketball/shuffle board courts.
Manager's residences and offices, temporary sales trailers, and
model units.
In conjunction with a church and/or school only, a bookstore,
recording studio, printing shop, counseling center, church bus/van
parking, parsonage and caretaker's residence (all such uses shall
be related to and incidental to the church and/or school).
5. Gatehouse.
6. Essential services, including interim and permanent utility and
maintenance facilities.
Water management facilities, including such facilities within any
Native Habitat Preserve Areas.
o
Recreational facilities, such as boardwalks, walking paths and
picnic areas, within any Natural Habitat Preserve Areas, after the
appropriate environmental review.
Supplemental landscape planting within Natural Habitat Preserve
Areas, after the appropriate environmental review.
10.
Any other accessory use deemed comparable by the Development
Services Director.
11. Carports are permitted within parking areas.
12. Garages are permitted at the edge of vehicular pavement.
]0
3.4 DEVELOPMENT STANDARDS
Ao
Table I sets forth the development standards for land uses within the
Bucks Run 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.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
Minimum Lot Area (per unit)
Minimum Lot Width
SINGLE-FAMILY
5,000 Sq. Ft.
50' Interior Lots (1)
60' Corner Lots
Front Yard Setback 20'
Side Yard Setback
1 Story
2 Story
3 Story
Rear Yard Setback
Principal Structure 20'
Accessory Structure 10'
PUD Boundary Setback
Principal Structure NA
Accessory Structure NA
Lake Setback (3) 20'
Wetland Preserve Area Setback 25'
Distance Between Structure-~
0' & 12' or both 6'
0' & 15' or both 7.5'
NA
TVVO-FAMILY
5,OOO Sq. Ft.
90' Interior Lots (1)
(45')(2)
110' Corner Lots
(55')(2)
20'
0' & 12' or both 6'
0' & 15' or both 7.5'
NA
20'
10'
NA
NA
20'
25'
Main/Principal
1-Story 12' 12'
2-Story 15' 15'
3-Story NA NA
Accessory Structures 10' 10'
Maximum Heiqht:
Principal Building 35' and 2 stories 35' and 2 stories
20'/Clubhouse 35'
1200 Sq. Ft.
Accessory Building
Minimum Floor Area
MULTI-FAMILY ('4), CHURCHES,
CHILD CARES AND SCHOOL~
NA
NA
NA
20'
Greater of 7.5' or 1/2 BH
Greater of 10' or 1/2 BH
Greater of 12.5' or 1/2 BH
20'
10'
(1) May be reduced on cul-de-sac lots.
(2) Minimum lot frontage in parenthesis applies in
structure is on an individually platted lot.
Greater of 20' or BH
10'
20'
25'
20'/Clubhouse 35'
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 except
48' and 3 stories for churches
20'/Clubhouse 35'
1 bedroom = 600 Sq. Ft.
2 Bedroom = 800 Sq. Ft.
3 Bedroom = 1000 Sq. Ft.
cases where a dwelling unit in a 2-family
(3) Lake setbacks are measured from the control elevation established for the lake.
(4) All multi-family structures shall be setback 100 feet from the eastern PUD property line.
Note: "BH" refers to building height and "SBH" refers to sum of the building heights.
B. Off-Street Parkinq and Loading Requirements:
Subject to the requirements of Division 2.3 of the Collier County Land
Development Code.
Landscaping and Bufferinq Requirements:
If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
Where two separate two-family or multi-family projects within the PUD
abut each other, buffering and screening between them shall not be
necessary, due to the unified architectural theme throughout the
residential portion of the PUD, as described within Section 3.4E. of this
PUD Document. Where a single-family or two-family project within the
PUD abuts a multi-family project within the PUD, a ten (10) foot buffer
shall be provided between them on the first project constructed, with
trees provided at twenty-five (25) feet on center and a single hedge
also provided within such buffer. Such trees and shrubs shall meet the
standards for plantings, as described within Section 2.4.4, Plant
Material Standards and Installation Standards, of the Land
Development Code.
A minimum eighty (80) foot wide buffer shall be provided along the
eastern portion of the PUD. Additional landscaping shall be provided
within the most eastern area of this buffer so the minimum planting
requirements of a Buffer Alternative "D" are met.
Si.qns
Signs shall be permitted as described in Section 2.5 of the Collier County
Land Development Code.
Architectural Standards
All multi-family residential buildings and residential lighting, signage,
landscaping and visible architectural infrastructure shall be
architecturally and aesthetically unified. Said unified architectural
theme shall include: a similar architectural design and use of similar
materials and colors throughout all of the residential buildings, signs,
and fences/walls to be erected on all of the Residential Areas parcels.
Landscaping and streetscape materials shall also be similar in design
throughout the Residential Areas. Within any residential project all
roofs, except for carports, shall be peaked and finished in tile, metal,
]3
or architecturally-designed shingles (such as Timberline). Additionally,
all multi-family residential structures developed as an Affordable
Housing Density Bonus project shall be designed on the exterior to
look similar to the building elevation drawings depicted on Exhibit "C".
All pole lighting, within the Residential Areas, shall be architecturally
designed, limited to a height of thirty (30) feet except for church, child
care, and school lighting which is limited to a height of forty (40) feet.
14
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.
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, may be approved after
Planning Services Environmental Staff review. All supplemental
plantings within the Preserve Areas shall be 100% indigenous
native species and shall meet the minimum planting criteria set
forth in Section 3.9.5.4.4 of the Land Development Code.
Any other use deemed comparable in nature by the Development
Services Director.
5.1
5.2
5.3
SECTION V
DEVELOPMENT COMMITMENTS
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
Exhibit "A", PUD Master Plan illustrates 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.
5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
5.5
5.6
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 several
phases. Building permits for the school cannot be pulled until November 27,
2005.
The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
Monitorinq Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development
Code.
ENGINEERING
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 prior to the Site Development Plan approval.
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A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way
Permit, and SFWMD Discharge Permit shall be submitted prior to Final
Site Development Plan Approval.
An Excavation Permit will be required for the proposed lake(s) in
accordance with Division 3.5 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.
The proposed perimeter berm and/or swale should not be continuous
through the wetland Preserve Areas.
l?
5.7
5.8
5.9
The project should provide for a north-south flow-way through the
Preserve Area.
UTILITIES
Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
TRAFFIC
The applicant shall be responsible for the installation of arterial level street
lighting at any project entrance onto C.R. 951, prior to the issuance of any
Certificates of Occupancy or Compliance.
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Drainage shall not be permitted to discharge directly into any roadway
drainage system but may discharge into the 951 Canal with necessary'
permits.
If the developer constructs a Con Span bddge across the canal in order to
gain direct access onto C.R. 951 then turn lanes, both northbound and
southbound, shall be constructed by the developer prior to any
development or construction traffic utilizing this bridge onto C.R. 951.
However, if the 4-1aning of C.R. 951 has commenced prior to any
construction traffic utilizing this bridge, the turn lanes may be delayed
during construction of the subject project but shall be in place prior to any
Certificates of Occupancy being issued for any permanent buildings.
Such turn lanes shall be designed to provide capacity for the ultimate
project traffic.
Road Impact Fees shall be paid in accordance with Ordinance 2001-13,
as amended, and shall be paid at the time building permits are issued,
except for Affordable Housing Density Bonus units, unless otherwise
approved by the Board of County Commissioners.
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.
5.10
ENVIRONMENTAL
Environmental permitting shall be in accordance with the State of Flodda
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.
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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
3.2.8.4.7.3 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.
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 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.
The perimeter berm as located on the PUD Master Plan, shall be entirely
outside of all upland and wetland preserve areas.
A minimum of 9.75 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. The PUD Master Plan identifies 5.00 acres. The remaining
acreage (a minimum additional 4.75 acres) shall be identified on the site
plan, at the time of the next development order submittal. If mitigation
plantings will be used to make up any of the acreage, the landscape plans
with mitigation-sized plantings (in accordance with Section 3.9.5.5.3 of the
Collier County Land Development Code) shall also be submitted at that
time.
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5.11
FIRE REVIEW
A. No infrastructure shall be inStalled until proper permits are applied for and
obtained.
2O
CZ
EXHIBIT "C"
PR~]~flNARY--NOT FOR CONSTRUCT[ON
FORUMIt
ARCHITECTURE & INTERIOR DESIGN INC.
EXTERIOR ELEVATIONS
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 and correct
copy of:
ORDINANCE 2001-67
Which was adopted by the Board of County Commissioners
on the 27th day of November, 2001, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2001.
DWIGHT E. BROCK ;~.
Clerk of Courts and ~erk
Ex-officio to Boa~ of~ ~'"
County CommzsszonersQ ..-. ...~4~
By:
Ellie Hoffman,
Deputy Clerk