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Ordinance 2002-15ORDINANCE NO. 02- 1 5 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 1603 S; BY CHANGING THE ZONING CLASSllrICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RSF-Y' TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS HENDERSON CREEK PUD LOCATED ON U.S. 41 EAST, APPROXIMATELY ONE-HALF MILE EAST OF COLLIER BOULEVARD (S.R.#951), IN SECTION 03, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 45.8+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold, AICP, of Q. Grady Minor and Associates, P.A., representing Gateway Shoppes Associates, 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 County Commtssi~_ri,.~? o~:.~,Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real prope~locate~'~ To--ship 51 South, Range 26 East, Collier CounW, Florida, is changed kom" ~ "' Planned Unit Development in accordance with the Henderson Creek PUD Document, a~ached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 1603S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this o~, day of ~ Approx~ed as to'Form and Legal Sufficiency '771 Mar-j'ori~VI. Student ' Assistant County Attorney PUDZ-2002-AR-1978/RB/Io ,2002. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, BY: JAMES N. COLETTA, CHAIRMAN Sgcretary of S ote,s Office the ~nd ocknowled~emen~9~ thor filin~ ~ived this ~ doy / _L , ~ ~u~ Clerk ~ ~ Henderson Creek A PLANNED UNIT DEVELOPMENT 45.8± Acres Located in Section 3, Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: Gateway Shoppes, LLC PREPARED BY: D. Wayne Arnold, AICP Q. Grady Minor & Associates 3800 Via Del Rey Bonita Springs, Florida 34134 And Richard D. Yovanovich Goodlette, Coleman & Johnson 4001 Tamiami Trail North, Suite 300 Naples, F1 34103 EXHIBIT "A" Revision 2 - 3/20/2002 TABLE OF CONTENTS STATEMENT OF COMPLIANCE AND SHORT TITLE SECTION I SECTION ri SECTION llI SECTION W SECTION V EXHIBIT A EXHIBIT B LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION PROJECT DEVELOPMENT RESIDENTIAL PRESERVE / OPEN SPACE GENERAL DEVELOPMENT COMMITMENTS PUD MASTER PLAN BUILDING ARCHITECTURE PAGE 111 1-1 2-1 3-1 4-1 5-1 F:~UD DocumentsLHendersonCreekPUDfinalBCC2.doc 111 STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of Gateway Shoppes, LLC, hereinafter referred to the Developer, to create a Planned Unit Development (PUD) on 454- acres of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida. The name of this Planned Unit Development shall be Henderson Creek. The development of Henderson Creek will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and' land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the following reasons: The subject property is within the Urban Coastal Fringe District as identified on the Future Land Use Map of the Future Land Use Element (FLUE). The purpose of the Urban Coastal Fringe District is to provide for a variety of residential and mixed-use developments such as Planned Unit Developments. The proposed residential density of Henderson Creek is 7.8 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. The entire subject property qualifies for a base density of three (3) units per acre. Through the affordable housing density bonus provisions of the plan, eight (8)dwelling units per acre may be added to the base density. Base Density Affordable Housing Density Bonus Maximum Permitted Density Requested Density 3 dwelling units/acre 8 dwelling units/acre 11 dwelling units/acre 8 dwelling units/acre = 360 units o Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. The development of Henderson Creek PUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. Henderson Creek PUD is a master planned residential community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development District. Henderson Creek PUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15 of the Land Development Code. F:~UD DocumentsXHendersonCreekPUDfinalBCC2.doc iv SHORT TITLE This ordinance shall be known and cited as the "HENDERSON CREEK PLANNED UNIT DEVELOPMENT ORDINANCE". F:~PUD Documents~HendersonCreekPUDfinalBCC2.doc 1-1 1.1 1.2 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.3 PURPOSE The purpose of this Section is to set forth the legal description and ownership of Henderson Creek PUD, and to describe the existing condition of the property proposed to be developed. LEGAL DESCRIPTION A parcel of land located in Section 3, Township 51 South, Range 26 East, Collier County, Florida being more particularly described as follows: Commence at the Southeast comer of said Section 3; thence mn N 00°15'22" E, along the East line of said Section 3, for a distance of 1494.62 feet to a point on the Southerly right- of-way line of U.S. 41 (Tamiami Trail), a 200 foot wide right-of-way; thence mn N 54046'43" W, along said Southerly right-of-way line, for a distance of 966.30 feet to the point of beginning of the parcel of land herein described; thence continue N 54°46'43"W, along said Southerly right-of-way line, for a distance of 600 feet; thence mn S 35°13'17" W for a distance of 400.00 feet; thence mn N 54°46'43" W for a distance of 1644.85 feet; thence mn S 00°09'23" W for a distance of 1584.14 feet; thence mn S 89°50'37" E for a distance of 1802.45feet to a point on the westerly boundary line of the 100 foot wide drainage easement, recorded in the official records book 76 at page 127 of the Public Records of Collier County, Florida, the same being a point on a circular curve concave to the Northwest, whose radius point bears N 60°28'42" W for a distance of 2799.91 feet therefrom; thence mn Northeasterly along the arc of said curve to the left, and along the Westerly boundary line of the 100 foot wide drainage easement, having a radius of 2799.91 feet, through a central angle of 09°41 '47", subtended by a chord of 473.29 feet at a bearing of N 24°40'24" E, for an arc distance of 473.84 feet to the end of said curve; thence mn N 19°49'43" E, for a distance of 203.10 feet to the point of beginning of the parcel of land herein described, containing 45.823 acres, more of less. GENERAL DESCRIPTION OF PROPERTY The project site is located in Section 3, Township 51 South, Range 26 East. The site is generally bordered on the west by S.R. 951 and Eagle Creek PUD; on the north by undeveloped C-4 and A property; on the east by Henderson Creek; and on the south by the Holiday Manor Mobile Home Park, zoned MH. Revision 2 - 3/20/2002 1-2 The zoning classification of the subject property at the time of PUD application is RSF-3. 1.4 1.5 Co Elevations within the site are approximately 3.5' to 4.5' above MSL. Per FEMA Firm Map Panel No. 120067 605 E and 615 E, dated August 3, 1992, the Henderson Creek property is located within AE 7 of the FEMA flood insurance rate map. A majority of the site has been altered through past and current agricultural uses; however, a portion of the site does contain jurisdictional wetlands. ~ The soil types on the site generally include Fort Dram and Malabar fine sand and Holopaw fine sand. This information was derived from the Soil Survey of Collier County, Florida. The project site is located within the Collier County Water Management District Henderson Creek Watershed. PERMITTED VARIATIONS OF DWELLING UNITS A maximum of 224 dwelling units of the permitted 360 dwelling units are permitted within phase one of the Henderson Creek PUD. This maximum of 224 dwelling units may include a mix of single-family, two-family, duplex, zero lot line, patio, townhome and multi-family dwelling unit types. Phase two of the PUD shall consist of a maximum of 136 owner- occupied dwelling units, constructed in buildings having no greater than four dwelling units. Prior to development of phase two, a PUD amendment shall be required. DENSITY mo Bo Acreage of Henderson Creek is approximately 45.8+ acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 360 units through use of the affordable housing density bonus as set forth in the Density Rating System of the FLUE of the GMP. The gross project density, therefore, will be a maximum of 8 units per acre. At all times, all property included within the Henderson Creek PUD as described in Section 1.2 shall be included in determining project density, including lands to be reserved for road right-of-way as part of the PUD rezoning process. F:XPUD DocumentskHendersonCreekPUDfinalBCC2.doc 2-1 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Henderson Creek PUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The Henderson Creek PUD will be developed as a residential community, which may feature a full an'ay of residential dwelling types, and a recreation center, providing for activities such as community gatherings, recreational amenities, and personal services, central to community residents. Bo The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreages is shown on the plan. The Master Plan is conceptual, and the location, size, and configuration of the individual recreational area, water management features, development tracts shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with Sections 3.2.7 and 3.3 of the LDC. Co The Henderson Creek PUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. Upon adoption of CP-2001-4, an amendment to this PUD shall be filed with the County, subject to approval by the County, that modifies this PUD so as to comply with all applicable requirements and limitations contained in Comprehensive Plan Amendment Number CP-2001-4, establishing the Henderson Creek Mixed Use Subdistrict in the Future Land Use Element. Such amendments might include addition of the +/- 40 acres adjacent to the west; provision for a primary road, open to the public, connecting US-41 to SR-951; and vehicular and pedestrian interconnection with adjacent properties to the north and west. 2.3 COMPLIANCE WITH COUNTY ORDINANCES mo Regulations for development of the Henderson Creek PUD shall be in accordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent they are not inconsistent with this PUD Ordinance) and the Growth Management Plan which are in effect at the time of issuance of any development FSPUD Documents\HendersonCreekPUDfinalBCC2.doc 2-2 orders 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. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Do Eo Go 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 LDC in effect at the time of development order application. Development permitted by the approval of this PUD will be subject to the Adequate Public Facilities Ordinance, Division 3.15 of the LDC. Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other 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 Henderson Creek Master Plan are part of the regulations which govern the manner in which the land may be developed. The Subdivisions Division of the LDC (Article 3, Division 3.2) shall apply to the Henderson Creek PUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.2.4. The Site Development Plans Division of the LDC (Article 3, Division 3.3) shall apply to the Henderson Creek PUD, except where an exemption is set forth herein or otherwise granted pursuant to the Land Development Code, Section 3.3.4. Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carded out throughout the development of that entire tract. F:~UD Documents\HendersonCreekPUDfinalBCC2.doc 2-3 2.4 ROADWAYS Roadways within the Henderson Creek PUD may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The Developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all internal and privately owned and maintained project roadways. The primary access road shall not be gated, and shall remain open to the public. 2.5 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1. and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from Henderson Creek shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan as provided in Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein may be made by the Developer in connection with any type of development or permit application required by the LDC. F:LPUD Documents\HendersonCreekPUDfinalBCC2.doc 2-4 2.8 2.9 COMMON AREA MAINTENANCE Common area maintenance will be provided by a property owners' association. The Developer will create a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Henderson Creek, in accordance with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits from the South Florida Water Management District. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Henderson Creek PUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Grassed berms 4:1 Ground covered berms Perimeter 3:1 Intemal to project 3:1 Structural walled berms - vertical Bo Fence or wall maximum height: Six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Henderson Creek PUD boundary prior to preliminary subdivision plat and site development plan submittal. De Fences and walls which are an integral part of security and access control structures such as gatehouses and control gates shall be subject to the height limitations for principal residential structures. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location. F:kPUD DocumentskHendersonCreekPUDfinalBCC2.doc · 2-5 Fo Landscape berms located within the Henderson Creek PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is set back a minimum 5 feet fi.om the property line and/or right-of- way line. Go Prior to commencement of on-site excavation, a minimum 6 foot high precast concrete fence shall be constructed along the southern property boundary, adjacent the residential tract(s). Prior to conslmction of the fence, the developer shall coordinate its location with County Planning Services Department staff and the President of the Holiday Manor Mobile Home Cooperative. Ho The quantity of project landscaping material shall be installed at a rate that is one and one-half (1.5) times the minimum required under Section 2.4 of the LDC. 2.10 FILL STORAGE mo Fill storage is generally permitted as a principal use throughout the Henderson Creek PUD. Prior to stockpiling, the Developer shall receive approval by the County Community Development and Environmental Services Administrator. 2.11 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. 2.12 PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. F:~PUD Documents\HendersonCreekPUDfinalBCC2.doc 2-6 2.13 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Henderson Creek PUD except in the Preserve/Open Space Area. General permitted uses are those uses which generally serve the Developer and residents of the Henderson Creek PUD and are typically part of the common infrastructure or are considered community facilities. General Permitted Uses: 1. 2. 3. o o Essential services as set forth under LDC, Section 2.6.9.1. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, recreational facilities. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. Fill storage subject to the standards set forth in Section 2.10 of this PUD. Development Standards: Unless otherwise set forth in this document, or as noted in Table 1 the following development standards shall apply to structures. Setback from back of curb or edge of pavement of any road - Twelve feet (12') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2. Setback from PUD boundary: See Table 1, Development Standards. 3. Minimum distance between unrelated structures - Ten feet (10'). F:~UD Documents\HendersonCreekPUDfi nalBCC2.doc 2-7 2.14 2.15 2.16 2.17 4. Maximum height of structures - See Table 1, Development Standards. 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with LDC in effect at the time of Site Development Plan Approval. OPEN SPACE REQUIREMENTS The Collier County Land Development Code requires that residential projects maintain open space at a minimum of 60% of the project area. The PUD Master Plan identifies preserves, lakes, recreation tracts and buffers as open spaces. These areas, in conjunction with open space areas included within the Residential District, will satisfy the 60% open space requirements of Section 2.6.32 of the LDC for residential developments. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 25% of the viable naturally functioning native vegetation on site shall be retained. SIGNAGE All signs will be in accordance with Division 2.5 of the Collier County Land Development Code in affect at time of their permitting. SIDEWALKS/BIKEPATHS A. Pursuant to LDC Section 3.2.8.3.17 and Section 2.9 of the Henderson Creek PUD, sidewalks/bikepaths shall be permitted as follows: An internal pedestrian walkway system is permitted within drainage easements. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement. F:~PUD Documents\HendersonCreekPUDfinalBCC 2.doc 2-8 2.18 Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. The Developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The Developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the LDC. Bo 3.2.8.4. 1. The proposed primary entry road shall be designed to Collier County collector road standards, and constructed in accordance with section 3.2.8 of the LDC. Other roadways within Henderson Creek shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 16. Streets and access improvements Section 3.2.8.4.16.5, Street Right-of-Way Width Street fight-of-way width: The minimum right-of-way width to be utilized for local streets and cul-de-sacs shall be forty (40) feet. Drive aisles serving multi-family tracts shall not be required to meet this standard. Section 3.2.8.4.16.6, Dead-end Streets Cul-de-sacs may exceed a length of one thousand (1,000) feet. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all intemal project streets and a thirty-five (35) foot radius for intersections at project entrances. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets. F:~PUD DocumentsXHendersonCreekPUDfinalBCC2.doc 3-1 SECTION III RESIDENTIAL 3.1 PURPOSE 3.2 The purpose of this Section is to identify permitted uses and development standards for areas within the Henderson Creek PUD designated on the Master Plan as "R", Residential. MAXIMUM DWELLING UNITS Phase 1 of development shall include a maximum of 224 affordable housing units. Residential development shall be limited to cleared and upland areas unless a PUD amendment which would require an Environmental Impact Statement (EIS) and Environmental Advisory Council review is completed. Prior to development of Phase 2, shown as PO and Future Residential on the master plan, a PUD amendment shall be approved authorizing construction of the balance of the maximum of 360 units total for the PUD. 3.3 3.4 GENERAL DESCRIPTION Areas designated as "R," Residential and PO/Future Residential Development on the Master Plan are designed to accommodate a full range of residential dwelling types and general permitted uses as described by Section 2.13, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on the PUD Master Plan. This acreage is based on conceptual designs and 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 Division 3.3, and Division 3.2, respectively, of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 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 Attached and Detached Dwellings, Townhomes. 2. Single Family Patio and Zero Lot Line Dwellings. F:~UD DocumentsXHendersonCreekPUDfinalBCC2.doc 3-2 o Two-family and Duplex Dwellings. Multi-Family Dwellings including Coach Homes and Garden Apartments. Model Homes and Model Home Centers including offices for project administration, construction, sales and marketing. Recreational facilities such as parks, playgrounds, and pedestrian/bikev3ays Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses permitted in this District, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. Any other accessory use which is comparable in nature with the foregoing uses. 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Henderson Creek PUD residential area. B° Site development standards for single family, zero lot line, patio home, two-family, duplex, single family attached and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. Do Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. Eo During the platting process, the Developer shall identify the specific housing type intended for each platted tract. F:~PUD Documents\HendersonCreekPUDfinalBCC2.doc 3-3 Residential dwellings shall be constructed in a similar architectural style and of similar building materials and quality as those example shown in Exhibit B of the PUD. F:XPUD DocumentshttendersonCreekPUDfinalBCC2.doc 3-4 TABLE 1 HENDERSON CREEK PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREA SINGLE FAMILY PATIO'9 & ZERO TWO FAMILY/ SINGLE FAMILY MULTI FAMILY DETACHED LOT LINE DUPLEX ATTACHED/ DWELLINGS TOWNHOME Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF N/A Minimum Lot Width *4 40' 35' 35' 35' N/A Front Yard Setback (Principal and Accessory) 20' *3 20' *3 20' *3 20' *3 20' *3 Front Yard for Side Entry Garage 12' l 0' 10' l 0' 12' Rear Yard Setback (Principal) 10' 10' 10' 10' 15' Rear Yard Setback (Accessory)* 1 5' 5' 5' 5' 5' Side Yard Setback 6' 0' or 6' *5 0' or 6' *5 0' or 6' *5,6 N/A Maximum Height *2 35' 35' 35' 35' 35' not to exceed 2 stories Floor Area Minimum (SF) 1000 SF 1000 SF 1000 SF 1000 SF 800 SF Minimum Distance Between .5 SBH or 15' Principal Structures N/A N/A N/A 15' *6 *6 Setback from PUD Boundary 25' 25' 25' 40' 40' ~g Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. *1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - Units with side entry garage may have a 12' front yard setback. Units with front entry garage must have a minimum 20' front yard setback. *4 - Minimum lot width for cul-de-sac lots shall be consistent with the measurement standards established in Division 6.3 of the LDC. *5 - Zero feet (03 or a minimum of six feet (6') on either side except that where the zero foot (0') yard option is utilized, the opposite side of the structure shall have a twelve foot (12~ yard. Zero foot (0') yards may be used on either side of a s~ructure provided that the opposite twelve foot (12') yard is provided. Patios, pools and screen enclosures may encroach into the twelve foot (12') yard and may attach to the adjoining accessory use at the common property line. *6 - Distance between principal structures not inclusive of garages. F:~PUD Documents\HendersonCreekP UDfinalBCC2.doc 4-1 SECTION IV PRESERVE/OPEN SPACE AREA 4.1 PURPOSE 4.2 4.3 The purpose of this Section is to identify permitted uses and development standards for the area within the Henderson Creek PLrD designated on the Master Plan as "PO", Preserve/Open Space. GENERAL DESCRIPTION Areas designated as "PO", Preserve/Open Space on the Master Plan are designed to accommodate conservation, passive recreation and water management uses and functions. The approximate acreage of the Preserve/open Space is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of preserve areas will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the LDC. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails, shelters, and the like. 2. Water management structures. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which thc Planning Services Director determines to be compatible in the Preserve/Open Space Area. 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements 1. From PUD or external Development tract boundary: Residential dwelling units, subject to section 3.2 of the PUD. Fifteen Feet (15') F:~UD Documents'd-IendersonCreekPUDfinalBCC2.doc 4-2 Bo From Internal tract boundary: 2. From outside edge of Lake Maintenance Easement: Maximum Height of Structures: Ten Feet (10') Twenty Feet (20') Twenty-five Feet (25') F:~PUD Documents~-lendersonCreekPUDfinalBCC2.doc 5-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE 5.2 5.3 The purpose of this Section is to set forth the development commitments for the Henderson Creek PUD. PUD MASTER DEVELOPMENT PLAN Ao All facilities shall be constructed in accordance with final site development plans, final subdivision plats and all applicable state and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply except where specifically noted. Bo The PUD Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary subdivision plat or site development plan approval. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. ENGINEERING 5.4 mo Except as noted herein, all project development will occur consistent with Division 3.2 and 3.3 of the LDC. UTILITIES Bo Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 97-17 as may be amended, except as may be provided in Section 2.4 of this Document. Upon completion of the utility facilities, they shall be tesied to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. Revision 2 - 3/20/2002 5-2 5.5 5.6 All customers connecting to the potable water and sanitary sewer system shall be customers of the County. WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to commencement of site work. Bo An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approved at the time of excavation permit approval. Co The Henderson Creek PUD conceptual surface water management system is described in the Surface Water Management and Utilities Report, which has been included in the PUD Rezone application materials. ENVIRONMENTAL Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Section Staff. 5.7 Bo An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. Co A non-exclusive conservation easement or tract shall be established on the plat for preserve areas identified on the PUD Master Plan, in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. TRANSPORTATION Ao Arterial level street lighting shall be provided by the Developer at the project entrance prior to issuance of the first certificate of occupancy. Bo Pedestrian/Bicycle facilities shall be provided within and between all residential areas including the multi-family areas. Revision 2 - 3/20/2002 5-3 Interconnections to the primary road system shall be provided to adjacent properties as they are developed or redeveloped. Do Access to US 41 shall require an FDOT connection permit which must be provided to the County prior to final site plan or preliminary subdivision plat approval. No project access shall be permitted to Collier Boulevard (S.R. 951) for phase one of the Henderson Creek PUD. Revision 2 - 3/20/2002 Z Z Z F--- 13_ UJ 0 Z 0 0 Exhibit A 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. 2002-15 Which was adopted by the Board of County Commissioners on the 26th day of March, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 1st day of April, 2002. By: Ellie Hoffman, Deputy Clerk