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Ordinance 2002-02 ORDINANCE NO. 02- 0 2 . 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 0511S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SANDPIPER VILLAGE, FOR PROPERTY LOCATED ON TAMIAMI TRAIL EAST, (U.S. 41) IN SECTION l l, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 13 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMB ER 01 - 15, THE FORMER SANDPIPER VILLAGE PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe, Esquire, of Young Van Assenderp, Varnadoe, and Anderson, representing Antaramian Capital Partners, LLC, 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 Collier County Commissioners of Collier County, Florida; SECTION ONE: The Zoning Classification of the herein described real property located in Section 11, Township 50 South, Range 25 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 0511S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 01-15, known as the Sandpiper Village PUD, adopted on March 27, 2001 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE; 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 ~Z~ day of (~t.466(.~4~... ,2002. ATTEST: DWI.~J~T, I~,:I~,.ROCK, Clerk Legal'Sufficieficy 19l'mjo~)DI~. Student Assistant County Attorney PUDA-2001 -AR- 1573/RB/lo BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY :JAMES .~CAR~~ai ~-an This ordinance filed with the /~c~rY of Stote's Of,ice the ayof o, nd ockno~dgemen, t~o.f_ that fiJin~ ?ceived ~is ~day , SANDPIPER VILLAGE A PLANNED UNIT DEVELOPMENT PREPARED BY: George L. Vamadoe, Esq. Young, van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 941/597-2814 Revised by Collier County on: December 12, 2001 Date Reviewed by CCPC: December 6, 2001 Date Approved by BCC: Ordinance Number: TABLE OF CONTENTS Statement of Compliance Section I Section II Section III Section IV Section V Legal Description, Property Ownership and General Description Project Development Residential District Mixed Use District General Development Commitments LIST OF EXHIBIT Exhibit "A" PUD Conceptual Master Plan STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Antaramian Capital Partners, LLC, hereinafter referred to as the "Developer", to create a Planned Unit Development ("PUD") on fifteen (15) acres of land located in Section 11, Township 50 South, Range 25 East in Collier County, Florida. The name of this Planned Unit Development shall be Sandpiper Village. Development of Sandpiper Village will be in compliance with the planning goals and objectives and policies of Collier County as set forth in the Growth Management Plan. The development will be consistent with the Growth Management Plan, Future Land Use Element and the applicable land development regulations for the following reasons: Sandpiper Village is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The development of Sandpiper Village will result in an efficient and economical extension of community facilities and services. o Sandpiper Village is designed as a functionally interrelated community and is planned to encourage innovation as set forth in the Collier County Land Development Code Planned Unit Development District Section. Sandpiper Village represents an infill community within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land Use Element. o Sandpiper Village furthers the objectives of Policy 5.5 of the Future Land Use Element by using existing lands zoned for urban intensity uses, as opposed to permitting development of other areas. o The Sandpiper Village project furthers and implements the goals and objectives of the Bayshore/Gateway Triangle Redevelopment Overlay District as follows: The project will constitute a redevelopment of an aged commercial center and a revitalization of part of the Bayshore/Gateway Triangle District. The project will provide a mixed-use project, incorporating both residential and commercial uses in an urban environment. ii Co The mixed use project is designed to be pedestrian and bicycle friendly, and to provide opportunity for residents of the project and the surrounding residential area to access the commercial uses without traveling onto major roadways. do The mixed-use project will provide access to existing neighborhoods and ease of access to adjoining neighborhood commercial projects. SHORT TITLE This ordinance shall be known and sited as the "Sandpiper Village Planned Unit Development Ordinance". iii SECTION ONE LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location, legal description and ownership of the property, and to describe the existing conditions of the property proposed to be developed. 1.2 LEGAL DESCRIPTION Sandpiper Village, being approximately fifteen (15) acres, thirteen (13) acres of which are located within the jurisdiction of Collier County and two (2) acres of which are located within the jurisdiction of the City of Naples, is legally described as follows: ALL OF LOTS 107 & 108, GOLDEN SHORES SUBDIVISION, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 25, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND THE WEST lA OF THE NORTHWEST IA OF THE NORTHWEST lA OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, LYING SOUTH OF STATE ROAD NO. 90 (TAMIAMI TRAIL), EXCEPT THE SOUTH 264 FEET. AND ALL THAT PART OF THE SOUTH 264 FEET OF THE SOUTHWEST IA OF THE NORTHWEST lA OF THE NORTHWEST IA OF SECTION 11, TOWNSHIP 50 SOUTH, RANGE 25 EAST, IN COLLIER COUNTY, FLORIDA, LYING NORTH OF THE NORTH LINE OF WALKER'S SUBDIVISION AS DELINEATED ON A PLAT OF RECORD IN PLAT BOOK 1 AT PAGE 36, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. AND LOTS 1-8 INCLUSIVE COL-LEE-CO TERRACE, ACCORDING TO PLAT BOOK 1, PAGE 32, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. **LESS** THOSE PARCELS DESCRIBED O.R. BOOK 1969, PAGE 977 AND O.R. BOOK 2119, PAGE 1344 OF THE PUBLIC RECORDS OF COLLIER COUNTY. 1-! TOTAL ACREAGE = 14.99_+ ACRES. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable ownership or control of Antaramian Capital Parmers, LLC, whose address is 365 Fifth Avenue South, Suite 201 Naples, Florida 34102. ' 1.4 GENERAL DESCRIPTION OF LOCATION OF PROPERTY The property is located on Tamiami Trail East (U.S. 41), and is bordered on the north by U.S. 41, on the west by Sandpiper Street, on the east by Fredrick Street, and on the south by residential development. B. The zoning classification of the subject property as of this submittal is PUD. The property constituting the project has been previously cleared of native vegetation, although vegetation has grown along the drainage ditch on the south side. The site is currently partially developed with a commercial center. 1.5 APPLICABILITY Although the PUD Conceptual Master Plan shows the proposed uses for the entire Sandpiper Village project, this Ordinance will only be applicable to and control uses on that part of the project within the jurisdiction of Collier County, Florida. 1-2 SECTION TWO 2.1 PURPOSE PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to generally describe the plan of development for Sandpiper Village PUD to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo Sandpiper Village will include a variety of housing choices, together with convenience and service type commercial activities, general offices, and recreational amenities in a traditional urban design setting. Bo A graphic illustration of the PUD Conceptual Master Plan is attached hereto as Exhibit "A". A land use summary indicating approximate land use acreages is shown on the Plan. The location, size, and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. Co The project is designed to be pedestrian-friendly with retail and office uses being convenient to the residential uses, while still allowing the ability to attract outside traffic for sustainability of commercial uses. The project is designed to make an efficient use of the land resources and full use of urban services. 2.3. COMPLIANCE WITH COUNTY ORDINANCES mo Regulations for development of Sandpiper Village shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD ordinance), which are in effect at the time of issuance of any development order, to which said regulations relate which authorize the construction of improvements, such as, but not limited to, final subdivision plat, final site development plan, excavation permit, and preliminary work authorization. Unless otherwise defined herein, or as necessarily implied by context, 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 Site Development Plan (SDP) application. 2-1 Co Development permitted by the approval of this PUD will be subject to concurrency review under the Adequate Public Facilities Ordinance Article 3, Division 3.15, of the Collier County Land Development Code. De Unless modified, waived or excepted by this PUD or by subsequent request, the provisions of other applicable sections of the Land Development Code remain in effect with respect to the development of the land, which comprises this PUD. All conditions imposed herein or as represented on the PUD Conceptual Master Plan are part of the regulations, which govern the manner in which the land may be developed. The Subdivisions Division of the Collier County Land Development Code (Article 3, Division 3.2) shall apply to Sandpiper Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.2.4. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3.3) shall apply to Sandpiper Village PUD, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code, Section 3.3.4. Ho Multi-modal streets will be the norm within Sandpiper Village. In order to further the traditional urban design, careful street sizing will be utilized, and the Developer reserves the right to request substitutions to Code design standards in accordance with Article 3, Division 3.2, Section 3.2.7.2 of the Collier County Land Development Code. Parking shall be allowed on all streets within Sandpiper Village. Some streets will be designed for parking on both sides, and some may allow parking on only one side of the street. 2.4 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. 2-2 2.5 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.6 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, gazebos, and parking areas, shall be permitted principal uses throughout the Sandpiper Village project. Sales Centers may be authorized by utilization of a Site Development Plan for such use alone on a temporary basis, not to exceed two (2) years, or three (3) months after the first principal mixed use structure receives its certificate of occupancy, whichever first occurs, whereupon such sales center shall be relocated within a mixed use structure. Other non-permanent structures may be authorized through the issuance of a temporary use permit. 2.7 CHANGES AND AMENDMENTS CONCEPTUAL MASTER PLAN TO PUD DOCUMENT OR PUD Changes and amendments may be made to this PUD Ordinance or PUD Conceptual Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. Minor changes and refinements as described in Section Five of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code. 2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Sandpiper Village PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms 1:1 Structural walled berms - vertical 2-3 Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be no greater than eighteen inches (18") above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a perimeter landscape berm. In these cases the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Sandpiper Village PUD boundary prior to preliminary subdivision plat and site development plan submittal, subject to approval of County Staff. All such areas must be included in a landscape easement on final plats, or in a separate recorded temporary easement, prior to final platting. Pedestrian sidewalks and/or bike paths, water management systems and drainage facilities may be allowed in landscape buffers. Prior to construction of residential units along the southern boundary, the Developer shall construct a Type B landscape buffer across the southern boundary of the project, utilizing existing native vegetation where practicable. 2.9 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and redevelopment of tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code, Article 2, Division 2.2, Section 2.2.20.1. Sandpiper Village is planned as a urban mixed use project containing low to medium density residential, convenience and service retail, office, and associated recreational facilities in an interrelated community under unified control. The project is designed to be pedestrian friendly with retail opportunities convenient to residences within the project and adjoining neighborhoods; although the commercial areas will be located to provide visibility from U.S. 41 to attract customers from outside the project for sustainability. The project is designed to make efficient use of land resources, full use of urban services, with detailed human scale design. Sandpiper Village is planned as a functionally related, urban style, mixed-use project under unified control. As such, the elements of the development, including architecture, signage, landscaping, and lighting shall be coordinated and contain a unified theme. 2-4 The Developer may also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the final subdivision plat or final site development plan. The commercial and mixed-use aspects of the project are incorporated into buildings surrounding the "town square". Parking for these uses shall be on the streets serving the town square, to the rear of said buildings, and in the parking structure on Fredrick Street. Surface parking facilities between buildings and U.S. 41, or in areas adjacent to U.S. 41, shall be limited to those instances of parking integrated into project streetscapes, and parking for recreational facilities. 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Sandpiper Village PUD. General permitted uses are those uses which generally serve the Developer and residents of Sandpiper Village PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. o Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Community and neighborhood parks, recreational facilities, community centers. Bo Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. o Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.8 of this PUD. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. Development Standards: 2-5 Unless otherwise set forth in this Document, the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - ten feet (10') except for gatehouses, access control structures, and entrance features which shall have no required setback. Setback from external property boundaries - one half (½) the height of the structure. o Minimum distance between structures, which are part of an architecturally unified grouping - five feet (5'). 4. Minimum distance between unrelated structures - ten feet (10'). 5. Maximum height of structures - forty feet (40'). 6. Minimum floor area - None required. 7. Minimum lot or parcel area - None required. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cart path. o Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Sandpiper Village PUD design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of site development plan approval. 2.11 OPEN SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is approximately fifteen (15) acres requiring a minimum of 4.5 acres to be retained as open space throughout the Sandpiper Village project. The thirty percent (30%) open space requirement shall not apply to individual development parcels or tracts or lots. 2-6 2.12 NATIVE VEGETATION RETENTION REQUIREMENTS Although the subject site has been previously cleared, some native vegetation exists along the drainage ditch on the south side of the property and as landscaping on the west side of the property. A portion of this vegetation shall be retained on site as required by Section 3.9.5.5 of the Collier County Land Development Code. Mitigation pursuant to this Section will be allowed. 2.13 SIGNAGE mo General - Except as specifically provided herein, signage shall be in accordance with the Collier County Land Development Code. B. Entry Signs Major entry signs shall be allowed on both sides of the major entry on U.S. 41. No sign shall exceed 160 square feet in size on any side, and shall not exceed ten feet (10') in height, although entry signs may be part of the architectural features common to the project that exceed ten feet (10') in height. o Minor entry signs are allowed on either side of each entrance road to Sandpiper Village. Such minor entry signs shall not exceed one-hundred (100) square feet in size on any side, and no entry sign shall exceed six feet (6') in height. Minor entry signs may be part of a larger architectural feature or monument that forms part of the entry into the project. C. Internal Signs Directional identification signs are allowed within the project. Such signs may be used to identify the location or direction of approved uses, such as: commercial buildings, recreational facilities, sales centers, information centers, etc. Individual signs may be a maximum of four (4) square feet per side in size and eight feet (8') in height, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of twenty-four (24) square feet, and a maximum height of eight feet (8'). A single external sign band may be applied to the side of each building containing any commercial or office activities, providing that it shall not exceed two feet (2') in vertical dimension by any length. The sign band may contain multiple individual signs, but all must refer to a tenant of the building. Signs shall consist of letters applied directly on the facade of the 2-7 building. A maximum of two sign bands may be placed on the facade of each building. Additional pedestrian signs or shingles may be attached to a building perpendicular to the facade, extending up to four feet (4') from the facade, or may be placed underneath an awning structure and attached to the awning structure. These signs shall not exceed 18 inches by 4 feet. There may be one individual pedestrian sign for each business located on the first floor. o In addition, the vertical drip of an awning may be stenciled with letters no more than eight inches (8") in height by any length. This provision will only apply to structures containing commercial or recreational uses. o A perpendicular sign identifying the primary entrance shall not exceed one foot (1 ') in height, nor two feet (2') in width. o For any multi-story commercial or mixed use building, an entry plaque may be located on both sides of the first level entries. These entry plaques shall be no more than four (4) square feet, shall be attached to the building, and may contain the name of the building or tenant(s) occupying any upper floor space. D. Project identification signs Two project identification signs may be located in proximity to the project's boundaries on U.S. 41. Said project identification signs may contain architectural features, which will not be assessed as part of the signage of said project. A project identification sign may be two-sided, and shall not exceed 120 square feet in area on any side of each sign. o There shall be no setback requirements for such signs, as the purpose thereof is to direct traffic from multi-lane U.S. 41, and to identify the project to traffic traveling on U.S. 41. 2-8 SECTION THREE 3.1 PURPOSE RESIDENTIAL DISTRICT The purpose of this Section is to identify permitted uses and development standards for areas within Sandpiper Village designated in the Conceptual Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS A maximum number of 170 residential dwelling units may be constructed in Sandpiper Village, including the portion of the project within the City. The number of units within the County shall be limited to 156 units. 3.3 GENERAL DESCRIPTION Bo Areas designated as "R" on the Conceptual Master Plan are designed to accommodate a variety of low to medium density residential dwelling types: compatible non-residential uses, recreational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" District is designated on the Conceptual Master Plan. This acreage is based on conceptual designs and it is approximate. Actual acreages of all development tracts will be provided at the time of site development plan, or preliminary subdivision plat approvals in accordance with Article 3, Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, alleys, open spaces, parks and amenity areas, recreational facilities, lakes and water management facilities, and other similar uses found in residential areas. 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: Single Family Detached Dwellings. Single Family Patio and Zero Lot Line Dwellings. 3-1 3. Two-family and Duplex Dwellings. 4. Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. o 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: Accessory uses and structures customarily associated with principal uses permitted in this District. 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. 3.5 DEVELOPMENT STANDARDS A. Table I sets forth the development standards for land uses within the "R" Residential District. 3-2 TABLE I Sandpiper Village DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES SINGLE PATIO & TWO SINGLE FAMILY MULTI AND STANDARDS FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Category 1 2 3 4 5 Front Yard 20 10 10.3 10 10 Front Yard for 10 10 10 10 10 Side Entry Garage Side Yard 7.5 0 or 7.5 0 or 7.5 0 or 10' 25' Rear Yard Principal 20 10 10 10 10 Rear Yard Accessory 10 5 5 5 10 Rear Yard Special '~ 10 5 5 5 .5 BH Maximum Building Height *: 35 35 35 40 42TM Distance Between 15 10 0 or 15 20' 25' Principal Structures Floor Area Min. (S.F.) 1500 SF 1200 SF 1200 SF 1200 SF 750 SF BH: Building Height All distances are in feet unless otherwise noted. *t _ Rear yards for principal structures on lots which abut lake and open space. The setback from the lake for all principal and accessory uses may be zero feet (0') providing stabilized bank treatment is incorporated into the design by the developer and subject to written approval from the Planning Services Department. Front yards shall be measured as follows: A. If the parcel is served by an external right-of-way, the setback is measured from the adjacent right-of- way line. B. If the parcel is served by an internal road or driveways, the setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). · 2 Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. Parking is permitted under residential structures. *3 _ Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a ten foot (10') yard. Zero foot (0') yards may be used on both sides of a structure provided that the opposite ten foot (10') yard is provided. Patios, pools and screen enclosures may encroach into the ten foot (10') yard a maximum of five feet (5'). *4_ Limited to three (3) stories of units over one (1) level of parking, with each fourteen feet (14') of building height, as measured by the standards of the Collier County Land Development Code, considered one (1) story. 3-3 B. Site development standards for category 1 - 4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Sandpiper Village PUD design guidelines and standards, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be established during Site Development Plan approval as set forth in Article 3, Division 3.3. of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. In the case of residential structures with a common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common open space requirements are deemed satisfied pursuant to Section 2.11 of this PUD. F. Off-street parking facilities required for residential uses may be accessed by parking aisles, alleys, or driveways, which are separate from any roads, which serve the development. On-street parking shall be allowed on all roads within the project. G. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Patio and zero lot line dwellings shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, and which conform to the requirements of the Collier County Land Development Code, Article 2, Division 2.6, Subsection 2.6.27. H. Residential structures abutting Sandpiper Street shall be limited to two (2) stories over one (1) level of parking. 3-4 SECTION FOUR MIXED USE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards within Sandpiper Village PUD designated on the Conceptual Master Plan as "MU". 4.2 GENERAL DESCRIPTION Areas designated as MU on the Conceptual Master Plan are designed to accommodate a limited range of retail, service, and office commercial uses; residential uses in the same structure with retail or office uses; and essential services and customary accessory uses to commercial or residential development2 Buildings in the MU District shall contain commercial uses only, or a mix of residential and commercial uses; provided however, that both commercial space and residential units shall be constructed in the MU District. The approximate acreage of the MU District is indicated on the Conceptual Master Plan. This acreage is based on a conceptual design and is approximate. Actual acreage of all development tracts shall be provided at the time of site development plan or preliminary division plat approvals in accordance with Article 3, Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. MU tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in commercial districts in traditional urban development. 4.3 MAXIMUM SQUARE FOOTAGE/UNITS A maximum of 52,500 square feet gross floor area of retail and office uses may be constructed in Sandpiper Village, together with multi-family residential units, provided the total number of residential units in the Sandpiper Village project shall not exceed 170 units. 4.4 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. Permitted Principal Uses and Structures: 1. Accounting, auditing and bookkeeping services (Group 8721). o Amusements and recreational services (Groups 7911, 7922 community theaters only, 7991, 7993). 4-1 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. Apparel and accessory stores (Groups 5611-5699). Hardware stores (Group 5251). Business services (Groups 7311, 7313, 7322 - 7338, 7361 - 7379,7384, 7389 except auctioneering, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Childcare services (Group 8351). Civic, social, and fraternal associations (Group 8641). Depository institutions (Groups 6011-6099). Drug stores and proprietary stores (Groups 5912). Eating and drinking establishments (Groups 5812, 5813, except for bottle clubs). Engineering, architectural, accounting and surveying services (Groups 8711-8713, 8721). Food stores (Groups 5411-5499). General merchandise stores (Groups 5311-5399). Group care facilities (Category I and II); Care Units, except for homeless shelters, nursing homes and assisted living facilities. Health services (Groups 8011-8049, 8082). Home furniture, furnishing, and equipment stores (Groups 5712-5736). Insurance carriers, agents and brokers (Groups 6311-6399, 6411). Legal services (Group 8111). Management and public relation services (Groups 8741-8743, 8748). Miscellaneous retail (Groups 5912-5963, except pawnshops and building materials, 5992-5999, except auction houses). Multi-family dwellings, including garden apartments. 4-2 22. Non-depository credit institutions (Groups 6111-6163). 23. 24. 25. 26. 27. 28. 29. 30. Personal services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7221 - 7251, 7291). Real estate (Groups 6531, 6541). Paint, glass and wallpaper stores (Group 5231). Public administration (Major Groups 91, 92, 93, 94, 95, 96). Security and commodity brokers, dealer, exchanges and services (Groups 6211- 6289). United States Postal Service (Group 4311 except major distribution center). Video tape rental (Group 7841). Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the "MU" District. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with principal uses permitted in this district. 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 "MU" District. 4.5 DEVELOPMENT STANDARDS In mixed use buildings, that is buildings containing residential uses together with commercial uses (retail, service and/or office), commercial uses are permitted on the first two (2) stories only; residential uses are permitted on the second story and above. B. Minimum yard requirements for mixed use buildings shall be those set forth for multi- family buildings in Table 1 hereof. C. Minimum yard requirements for buildings containing commercial uses only: 4-3 1. Front Yard: Ten feet (10') minimum. 2. Side Yard: Ten feet (10'). 3. Rear Yard: Ten feet (10'). Any yard abutting a residential parcel: Twenty feet (20'). o Any yard abutting a mixed use parcel: Ten feet (10'). Setback from a lake or water management feature for all principal and accessory structures may be zero feet (0') provided architectural bank treatment is incorporated into the design. o Setbacks from U.S. 41' Minimum of fifteen feet (15') and maximum of twenty- five feet (25'). D. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. E. Maximum height of structures shall be as follows: Buildings containing only commercial uses are limited to a maximum height of three (3) stories. Buildings containing both residential and commercial uses are allowed a maximum height of four (4) stories. For purposes of this Section, each fourteen feet (14') of building height shall be considered one story. For purposes of this Section building height shall be the vertical distance measured fi.om the first habitable floor elevation to the uppermost finished ceiling elevation of the structure. F. Minimum distance between all other principal structures - Twenty feet (20'). G. Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet (10'). H. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. Maximum building footprint - Buildings containing commercial uses only are limited to the maximum building footprint of 20,000 square feet. 4-4 Standards for parking, landscaping, signs and other land uses where such standards are not specifically set forth herein are to be in accordance with the Collier County Land Development Code in effect at the time of site development plan approval. It is specifically understood that the design of this District is to be of an urban nature; it will encourage pedestrian access; allow shared parking; allow reduced width roadways and accessways, and other vestiges of traditional urban design. K. The dimensional standards for roadways and parking spaces contained in Section 2.3.4.12 of the Collier County Land Development Code shall not be applicable to this project; however, the dimensional standards shown on the Conceptual Master Plan shall control for purposes of this project. L. At least fifty percent (50%) of the trees and shrubs used to fulfill the requirements of the Collier County Land Development Code shall be native South Florida species. M. In order to allow flexibility in the placement of trees in buffer areas, clustering or grouping of trees shall be allowed as long as the quantities of trees required in Section 2.4.7.4 are complied with, and subject to the approval of the County Landscape Architect. 4-5 SECTION FIVE 5.1 PURPOSE GENERAL DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments of the Developer within Sandpiper Village PUD. 5.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specifically noted or otherwise set forth in this Document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. In addition, the PUD Conceptual Master Plan and the regulations of the PUD Document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners shall control and be applicable to development of the subject property. The Developer, its successors and assigns, shall be bound by said documents, commitments, and stipulations. 5.3 CONCEPTUAL MASTER PLAN The PUD Conceptual Master Plan attached hereto as Exhibit "A" is an illustrative conceptual development plan. The design elements and layout illustrated on the PUD Conceptual Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Services Director shall be authorized to approve minor changes and refinements to the PUD Conceptual Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan. 5-1 The minor change or refinement shall not constitute a substantial change pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier County Land Development Code. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and reserve areas within or external to the PUD. B. The following shall be considered minor changes or refinements, subject to the limitations of PUD Section 5.3.A: Reconfiguration of lakes, ponds, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. Internal realignment of rights-of-way other than a relocation of external access points. 5.4 WATER MANAGEMENT A. An Excavation Permit will be required for proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code. B. Design construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. C. A Master Water Management Plan shall be submitted at the time of preliminary subdivision plat, in accordance with Section 3.2.7.1.25 of the Land Development Code. D. Stormwater calculations, signed and sealed by a Florida professional engineer, shall be provided at the time of SDP or plat submittals, whichever comes first. The stormwater management system of this PUD shall incorporate off-site flows generated by the Palm Street outfall, and it will be reviewed and approved by the Collier County Stormwater Management Department Director, or his designee. The off-site flow will be designed to discharge unattenuated through the site, and a drainage easement shall be reflected on the SDP or plat submittals, whichever comes first. 5.5 UTILITIES A. The project will be served by central potable water distribution, fire protection and sewage collection facilities. 5-2 B. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable Collier County rules and regulations. 5.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Sandpiper Village shall be required to conform to the subdivision improvement requirements set forth in Collier County Land Development Code Article 3, Division 3.2, Section 3.2.8., unless otherwise stated in this PUD or at the time of site development plan approval. The following substitutions, to the improvements standards are approved for final subdivision plat requirements. Sidewalks/bike paths shall be constructed in the locations set forth in the Conceptual Master Plan, in substitution for the requirements of Section 3.2.8.4.14 and Appendix B of the Collier County Land Development Code. Bo Streets shall conform with the right-of-way and pavement widths shown on the Conceptual Master Plan, in substitution for the requirements of Section 3.2.8.4.16 and Appendix B of the Collier County Land Development Code. 5.7 TRANSPORTATION A. The Developer shall provide appropriate left and/or right mm lanes at all community access points to public rights-of-way at the time of construction of each access. B. The Developer shall provide arterial level street lighting at all community access points to State, County, or City public rights-of-way at the time of construction of each access. Ce The Developer shall provide the total capital and design cost of traffic signals at any community access points to a public right-of-way when deemed warranted and if approved by the County. These signals will be owned, operated and maintained by Collier County. Payment of road impact fees shall be in accordance with the applicable impact fee ordinance as it may be amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Collier County Land Development Code, Division, 3.15, Adequate Public Facilities. E. Pedestrian access shall be provided connecting residential areas to the sidewalks/bike paths shown on the PUD Conceptual Master Plan. 5-3 F. The PUD Conceptual Master Plan indicates the approximate location of access points to the Sandpiper Village project, and indicates full access or directional access. The location of these access points is subject to change, and will be finalized at the time of permitting. There will be public access to the Mixed Use District and its uses from all accesses to surrounding public streets or highways. 5.8 PARKING Aa Because of the urban nature of the project and the interaction between the residential, commercial and recreational uses, and in order to minimize the impervious surface and preserve open space, shared parking will be allowed in Sandpiper Village. In the Mixed Use District, minimum parking requirements shall be eighty-five percent (85%) of the required spaces for each individual use. B. Parking for residential units may be provided in the Mixed Use District and parking for the Mixed Use District may be provided in the Residential District. Co In the Residential District, one-bedroom units shall be required to have a minimum of one and one-half(l-½ ) parking spaces per unit, and all other units shall have a minimum of two (2) parking spaces per unit. Do Because of the urban nature of project, and in order to encourage utilization of sidewalks/bicycle paths, a minimum number of parking spaces (not to exceed 10) will be installed at the recreational facility. 5.9 ENVIRONMENTAL An exotic vegetation removal and maintenance plan shall be submitted to Current Planning Section Staff for review and approval prior to final site plan approval. F:\users\LANA\Wp9LS'NTARAMIANXCHULMSKY~Sandpiper Village AmendmentXFinal PUD Document.wpd [December 21,2001 ] 5-4 SANDPIPER STREET ~Q FREDERICK STREET EXHIBIT "A" STATE OF FLORIDA) COUNTY OF COLLIER) certify that the foregoing is a true copy of: I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do ~b~ ORDINANCE NO. 2002-02 Which was adopted by the Board of County Commissiol the 8TH day of January, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this llth day of January, 2002. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioner~ ..... ~ Deputy Cl,ei-k~!, ~ :'-'~'