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Ordinance 2002-43ORDINANCE NO. 02- 4 3 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 9618S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE BALMORAL PtJD FOR A MIXED USE RESIDENTIAL DEVELOPMENT FOR PROPERTY LOCATED ON THE EAST SIDE OF FUTURE LIVINGSTON ROAD AND THE WEST SIDE OF WHIPPORWILL LANE, IN~"~ (C.R. 881) SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIERg~ COUNTY, FLORIDA, CONSISTING OF 58.95+ ACRES; AND BY~i'di PROVIDING AN EFFECTIVE DATE. x~ rn WHEREAS, Michael R. Fernandez, AICP, of Planning Development, Inc., representing Relleum, Inc. and Granite Development II, L.C., 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 18, Township 49 South, Range 26 East, Collier County, Florida, is changed from "A" Agriculture to "PUD" Planned Unit Development in accordance with the Balmoral PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9618S, 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 ~ day of '~-'"Lx, L, L3 ,2002. A~...:,.:'.~,~ ._ % . ~sf~a~e onl'~'/.~s g Ma[johe M~ma~fft - ' Assistant Coun~ Attorney PUDZ-2001 -AT- 1553/RB1o BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~ JAMES1 This ordinance filed with the t~ary of S~tote's Of{ice the and ocknowledgement, t._~ot this ~ day filir~ mceived BALMORAL A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE Prepared For: Reileum, Inc. c/o John Scot Mueller, President 801 Laurel Oak Drive Suite 700 Naples, Florida 34108 Prepared By: Michael R. Fernandez, AICP of Planning Development incorporated 5133 Castello Drive Suite 2, Naples, Florida 34103 941 / 263-6934 941 /263-6981 fax PDmm:@^OL.COM Revised by Collier Count5, April 22, 2002 DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL DOCUMENT DATE 03.24.02 PUD Exhibit "A" TABLE OF CONTENTS SECTION TABLE OF CONTENTS & LIST OF EXHIBITS STATEMENT OF COMPLIANCE I II III V PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT TRACT R: RESIDENTIAL DEVELOPMENT REGULATIONS PRESERVE TRACTS DEVELOPMENT COMMITMENTS PAGE # of 29 2 3 5 8 16 22 23 LIST OF EXHIBITS / ATTACHMENTS EXHIBIT A PUD Master Plan Page 2 of 29 STATEMENT OF COMPLIANCE The development of approximately 58.95 acres of property in Collier County, as a Planned Unit Development to be known as Balmoral, will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The Balmoral PUD will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: o o o The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The Balmoral PUD implements Policy 5.6 of the Future Land Use Element in that a minimum of sixty (60) percent of the project will be open space. The subject property's location, because of its 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 will result in an efficient and economical extension of community facilities and services as required in Policies 3. I.H and L of the Future Land Use Element. The project will be served by a complete range of services and utilities as approved by the County. 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. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element (FLUE) and therefore is eligible for the base density of 4 units per acre as provided by the FLUE Density Rating System. The proposed density for the project is 4.00 units per acre, which is provided for by the FLUE Density Rating System contained in the FLUE and therefore is consistent with the Future Land Use Element Policy 5.1. Page 3 of 29 In summary, the subject property has an area of 58.95± acres; therefore, the maximum number of units this development is eligible for and is proposed to have is a maximum of 236 units. The project site will have a density of 4.0 units per acre. This density is deemed consistent with the density provided for by the County's Growth Management Plan. ACREAGE UNITS PROPOSED (PER ACRE) YIELD (MAXIMUM) 58.95 + Acres 4.0± 236 Page 4 of 29 1.1 PURPOSE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.2 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 Balmoral PUD. LEGAL DESCRIPTION 1.3 The subject property being: THE FOLLOWING DESCRIBED PROPERTY IN COLLIER COUNTY, FLORIDA: AS RECORDED IN O.R. BOOK 1681, PAGE 5, AND O.R. BOOK 803, PAGE 1483, OF THE PUBLIC RECORDS OF COLLIER COUNTY; AND THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST; AND THE SOUTH ½ OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST. SUBJECT PARCEL CONTAINS 58.95 ACRES, MORE OR LESS. PROPERTY OWNERSHIP The subject property is currently under the ownership and unified control of Relleum, Inc. and Granite Development 1/, L.C. hereinafter jointly called "Applicant" or "Developer". Page 5 of 29 1.4 GENERAL DESCRIPTION OF PROPERTY AREA 1.5 1.6 The total site area is 58.95+/- acres and is located approximately 3,800 feet south of Pine Ridge Road and 8,500 feet north of Golden Gate Parkway with 1,320 + feet of frontage on the future extension of Livingston Road. This parcel is located within Section 18, Township 49S, Range 26E, Collier County, Florida. Bo The zoning classification of the subject property prior to the date of this approved PUD Document was "A" - Rural Agriculture. PHYSICAL DESCRIPTION The subject property is relatively level with elevations between 10.00 feet and 11.00 feet above mean sea level. The majority of the western portion of the parcel is vegetated. The eastern portion of the parcel was previously in farm production. This eastern portion also supports a 3.6+/- acre borrow pit lake which was permitted and created in 1983 to supply fill for the development of Interstate 75. The entire parcel is encumbered by a 40 foot drainage easement and the ditch within this easement provides a drainage way for the Kensington development and other abutting lands. Natural drainage is southward and flows generally terminate into the existing ditch. Water management plans for the project shall utilize lake detention areas. The subject property has the following designation relative to FEMA Flood Area Zone X, Firm Maps 120067 0385D & 120067 0425 D; Dated June 3, 1986. PROJECT DESCRIPTION The proposed development has an area of 58.95 acres and is proposed to be developed concurrently with the extension of Livingston Road. The Balmoral PUD shall consist of a maximum of 236 residential units developed as a mixture of single and multi-family homes in a community of individual residential tracts linked by common primary vehicular and pedestrian circulation, shared open space and common recreational amenities. Each residential unit will be served with centrally provided potable water, sanitary sewer and electric power. Additional services will be provided as appropriate. A minimum of 9.0 acres of existing vegetated area will be retained on site. 6 of 29 The development's primary access will be from its frontage on Livingston Road which is currently under construction. A singular access point along this future roadway has been identified as being located approximately 1,090 feet north of the parcel's southwest property comer. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Balmoral Planned Unit Development Ordinance." Page 7 of 29 2.1 2.2 PURPOSE SECTION I1 PROJECT DEVELOPMENT REQUIREMENTS The purpose of this Section is to delineate and generally describe the project's 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 Bo Do Eo Regulations for development of the Balmoral 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 the 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. Where the regulations of this PUD Document fail to provide developmental standards, then the provisions of the most similar district in the County 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 issuance of the development order to which said regulations relate. All conditions imposed and all graphic material presented depicting restrictions for the development of the Balmoral PUD shall become part of the regulations, which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD Document or associated exhibits, the applicable provisions of other sections of the Land Development Code remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Land Development Code. Page 8 of 29 2.3 The development of any tract approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including uses of land for the acreage noted, is illustrated graphically by Exhibit "A", PUD Master Plan. TABLE I: BALMORAL: ESTIMATED LAND USE SUMMARY TRACT LAND USE APPROXIMATE ACREAGE R1 RESIDENTIAL 9.3 R2 RESIDENTIAL 14.3 R3 RESIDENTIAL 10.0 R4 RESIDENTIAL 4.7 LAKE PRESERVES A+B+C+D+E Livingston Road Easement Green Boulevard Easement Whippoorwill Lane Easement TOTAL RETAINED VEGETATION COUNTY R/W COUNTY R/W COUNTY R/W 7.3 9.0 0.8 3.0 0.6 58.95± INote A. Note B. The maximum number of residential units within the PUD: 236 units, approximately 4± units per acre. The number of units and intensity of units per acre within specific residential tracts may be varied provided the number within the entire PUD does not exceed 236 units. Residential tract acreage includes buffers, preserved areas, other open space or recreational areas, roads and water management systems. The total tract acreage is utilized in the determination of residential density. Page 9 of 29 2.4 2.5 Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an illustrative preliminary development plan. Design criteria and layout that is illustrated on the Master Development Plan and other eXhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the project development, as set forth in this Document. Modification to all internal boundaries may be permitted at the time of preliminary subdivision plat or site development plan approval subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public) shall be established within or along the various tracts or acreage as may be necessary. DESCRIPTION OF PROJECT DENSITY No more than 236 residential dwelling units shall be constructed in the 58.95 +/- acre project area. If all dwelling units are constructed, 'gross density will be 4 units per acre. DEVELOPMENT SCHEDULE The Applicant estimates completion of improvements to the property should occur within four (4) years. Year "one" (1) is the year Livingston Road construction adjacent to the site is completed. Year Units Cumulative Total 1 40 40 2 60 100 3 80 ~80 4 56 236 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. Page 10 of 29 2.7 RELATED PROJECT PLAN APPROVAL REQUIREMENTS 2.8 Prior to the recording of a record plat and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to ensure compliance with the PUD Master Plan, and as applicable, the Collier County Subdivision Code and the platting laws of the State of Florida. Bo Exhibit "A", PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the' development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Do Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. MODEL HOMES AND SAI.ES 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, viewing platforms, gazebos, parking areas, and signs, shall be permitted principal uses throughout the Balmoral PUD subject to the requirements of Section 2.6.33.4 and Section 3.2.6.3.6, of the Collier County Land Development Code. Model homes/model centers including sales center shall be permitted in conjunction with the promotion of the development subject to the following: Single-family models may be constructed after administrative approval of the plat and construction plans but prior to recording of the plat. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be an occupied unit until a permanent certificate of occupancy is issued. Page 11 of 29 2.9 o Models may not be utilized as "sales offices" without approval by and through the site development plan (SDP) process. The SDP process shall not be required for single-family dry models pursuant to this Section. Temporary access and utility easements may be provided in lieu of dedicated rights-of-way for temporary service to model homes. o In addition to the use of model homes as sales offices or centers, a sales office or center may be maintained on-site for the sales, marketing and administration of recreation club memberships. LANDSCAPE BUFFERS, BERMS, FENCES, WALLS AND GATEHOUSES Landscape buffers, berms, fences, walls and gatehouses are generally permitted as a principal use throughout the Balmoral PUD. Along the PUD boundaries, the landscape buffers, berms, fences and walls that may be installed shall have equal treatment and maintenance of the interior and exterior of said landscape buffers, berms, fences and walls. The following standards shall apply: 1. Berms shall have the following maximum side slopes: 2. 3. 4. 5. Grassed berms over two feet in height - 4:1 Landscaped berms - 3:1 Rip-Rap berms - 1:1 Structural walled berms may be vertical Required buffer planting areas - 4:1 Height of Landscaped Berms and Depth of Swales: A 4:1 slope shall be required for berms, and swales, except under the following circumstances: The maximum height of the berm may be eight feet, as measured from existing grade, if a 3:1 slope is utilized and the berm is landscaped. The maximum depth of a swale may be four feet, as measure~ from existing grade, ifa 3:1 landscaped slope is utilized. A 3:1 slope is also permitted if the height of the slope is two feet in height or less or if the open channel is two feet in height or less. Fence or wall maximum height: The maximum height for all walls and fences around the perimeter of the development shall be ten (10) feet above the finished grade level of the nearest street. Walls and fences within the development shall conform with Collier County Land Development Code requirements. Page 12 of 29 4. Fence or wall setbacks: 2.10 LAKE o Fences, walls and similar structures shall be set back a minimum of 5 feet from development boundaries where adjacent to a public right-of-way and a 2-foot setback is required from all other land uses. Pedestrian sidewalks, bike paths, water management facilities and structures may be incorporated into the required landscape buffer areas, consistent with Section 2.4.7.3.4 of the Land Development Code. Gatehouses and access control structures shall have no required setback from edge of pavement or back of curb. Gatehouses or access control structures shall not be located to cause interference to or backups on the public roadway system. Minimum setback shall be 200 feet from the edge of the pavement. SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director. Lakes may be excavated to a maximum depth of twenty (20) feet. Removal of fill from Balmoral shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. All setbacks shall be measured from the location of the contour of the control elevation of the lake. The required setback to any right-of-way, roadway or access easement may be twenty-five (25) feet if supported by design calculations submitted at the time of development plan review. The required setback to any extended property lines may be twenty-five (25) feet if the property line is properly fenced. The required setback to any property line or tract line internal to the Balmoral development shall be zero feet, except that a twenty (20') foot lake maintenance easement shall be provided as required by the South Florida Water Management District. Excavation of proposed lakes may utilize blasting provided such activities meet the minimum setbacks identified within this Section and shall be subject to all other development standards of the Land Development Code. Page 13 of 29 Page 7 of 12 2.11 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout the Balmoral PUD. Fill material generated may be stockpiled within areas designated for residential development upon issuance of a Clearing and Filling Permit. Prior to stockpiling in these locations, a Letter of Notification along with the plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services Staff for review and approval. The following standards shall apply: 1 Stockpile maximum side slopes: 3:1 2 Stockpile maximum height: Thirty-five (35) feet 3 Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level, except as may otherwise be approved by Collier County Engineering Review Services Staff pursuant to a submitted grading and filling plan. 4 Soil and erosion control shall be provided in accordance with the Collier County Land Development Code, Division 3.7. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA 2.13 2.14 MAINTENANCE Whenever the Developer elects to create land area and/or recreational amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association or other appropriate entity whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. COMMON AREA MAINTENANCE Common area maintenance, including the maintenance of common facilities, open spaces, street trees and water management facilities shall be the responsibility of the Developer, its successors or assigns. The Developer, its successors or assigns, shall retain copies of the project's master plans for common facilities and their associated maintenance programs/requirements. EASEMENTS FOR UTILITIES All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of development approvals. Page 14 of 29 2.15 OPEN SPACE REQUIREMENTS A combination of the lakes, landscape buffers and other open space shall meet the sixty (60) percent open space requirement for development as set forth in Section 2.6.32.2 of the Collier County Land Development Code. Open space shall include all pervious green space within development parcels, lots and roadway easement tracts. Page 15 of 29 SECTION III 3.1 TRACT R: RESIDENTIAL DEVELOPMENT REGULATIONS PURPOSE 3.2 The purpose of this Section is to identify specific development standards for the areas designated as Tracts "R 1", "R2", "R3" and "R4" on the PUD Master Plan, Exhibit "A". MAXIMUM DWELLING UNITS 3.3 The maximum number of dwelling units that may be constructed within this 58.95+ acre project is 236. USES PERMITTED Residential areas designated on the Master Plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: Principal Uses: 1. Residential dwellings, including single-family, attached and detached, duplex and two-family dwellings, townhouses, zero-lot line and multi- family dwellings, including garden apartments and timeshare facilities. 2. Guardhouses and entrance gates. o Common community and recreational uses and facilities such as swimming pools, tennis courts, children's playground areas, clubhouse and similar facilities that serve as an integral part of a residential development. Such uses shall be visually and functionally compatible ,vith the adjacent residences whose residents mill have tho u,,e cf such facilities. Page 16 of 29 3.4 B. Accessory Uses: Uses and structures that are accessory and incidental to uses permitted as of right, including private garages. Recreational uses and facilities such as swimming pools, tennis courts, children's playground areas and similar facilities that serve as an integral part of a residential development. Such uses shall be visually and functionally compatible with the adjacent residences which have the use of such facilities. Essential services as defined by Section 2.6.9.1 of the Collier County Land Development Code, including interim and permanent utility and maintenance facilities. Any other accessory use which is comparable in nature with the foregoing uses as determined by the Board of Zoning Appeals. C. Conditional Uses: I. Churches and other places of worship. 2. Schools, public and private. 3. Social fraternal organizations. 4. Child care centers. Adult living facilities subject to Section 2.6.26 of the Collier County Land Development Code. DEVELOPMENT STANDARDS Ao The Balmoral PUD will feature an integrated and compatible architectural building style or theme, which will be incorporated into the design of all residential structures. Buildings will feature unifying and complementary design elements such as roof treatments, building materials and building colors. To reduce mass, architectural design treatments such as articulated roof lines, balconies, building offsets, and unified landscaping will be provided. The individual buildings may vary in size and configuration. B° Table II sets forth the development standards for land uses within the "R" Residential District within the Balmoral PUD. Front yard setbacks in Table II shall be measured as follows: If the parcel is served by a public right-of way, the setback is measured from the adjacent right-of-way line. Page 17 of 29 If the parcel is served by a non-platted private drive, the setback is measured from the back of the most restrictive of the curb or edge of pavement of the driveway. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. (a) Carports are permitted within parking areas within parcels supporting multiple units. (b) Garages are permitted at the edge of the vehicular pavement which provides access to a designated parking space within parcels supporting multiple units. Page 18 of 29 TABLE II Development Standards for Residential Areas designated as "R" Tracts on the PUD Master Plan. Single- Zero Lot Two-Family & Single- Multi-family Family Line Duplex Family Detached Attached and Townhouse Minimum Lot Area (Sq. Ft.) 5,000 3,500 3,500 (per unit) 1,800 (per 43,560 unit) Minimum Lot Width 50' 51'}' 100' 30' 100' Front Yard Setback 20' 20' 20' 20' 20' Front Yard for Side Entry Garage 20' 15' 15' 15' 15' Rear Yard Setback 20' 20' 20' 20' 20' (Principal) Rear Yard Setback I 0' I 0' I 0' I 0' 10' (Accessory) Side Yard Setback (Principal and 7.5' -1 story, 0' or 6' 0' or 7.5' 0' or 0.5 15' or 0.5' Accessory) 10' if> 2 (note 3) Building Building story Height, but Height not less than 6' (note 3) Maximum Height (Principal and 35' 35' 35' 35' 45' Accessory) Min. Floor Area (Sq. Ft.) 1,200 1,000 1,000 1,000 I br - 700 sq. fi. 2 bt- 900 sq. fl. 3 br - 1100 sq. fi. Min. Distance Between Principal 7.5' -I story, 10' or 7.5' -I story, 10' or the lesser of Structures 10' if> 2 ½ SBH, 10' if> 2 story ½ SBH, ½ SBH and 30' story whichever whichever is is greater greater BH: Building Height SBH: Sum of Building Heights - Combined height of two adjacent buildings for the purpose of determining setback requirements. > Greater Than NOTES: Minimum lot areas for any unit type may be exceeded. The unit type and not the minimum lot area, shall define the development standards to be applied by the Customer Services Department during an application for a building permit. For all zero lot line units, a conceptual exhibit showing typical building configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be modified as needed. All distances are in feet unless otherwise noted. Zero feet (0') 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 minimum distance between structures of twelve feet (12'). Zero foot (0') yards may be used on either side of a structure provided that the distance between structures is twelve-feet (12'). Patios and pools enclosures may encroach into the twelve foot (12') yard. 19 of 29 Screen enclosures may also encroach into the 10-foot yard provided a minimum of a 5- foot setback is maintained. Where this option is used, a conceptual site plan for all lots platted tbr patio and zero lot line shall be submitted to the Building Deptment with the application for the first building permit. This plan will be used to determine the I O-foot spacing requirement between structures. Lot/Tract width may be reduced on cul-de-sac lots provided a minimum cord length of 24 feet is provided and the average width of the lot/tract is equal to or greater than the minimum standard. Rear yard setback for waterfront lots may be reduced to zero (0') feet where no lake maintenance is required. Maximum height and number of stories shall be measured and calculated from the bottom of the structural slab above the parking level when a structure is located above on-grade parking. GENERAL NOTE: 1. Individual single-family structures maybe developed on Multi-Unit Tracts subject to site development plan approval. 20 of 29 3.5 OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Land Development Code in effect at the time of building permit application. 3.6 LANDSCAPING AND BUFFERING REQUIREMENTS PUD Boundaries: A 20 foot minimum width Type D buffer along Livingston Road, the parcel's west property line and the parcel's south and east property lines where abutting public road right-of-way. Required shade trees shall have a minimum height at installation of 16 feet. A 10 foot minimum width buffer along the parcel's remaining property lines. The buffer shall be constructed on a berm having a minimum height of 2 feet above the water management control elevation. Required shade trees shall have a minimum height at installation of 14 feet. Street Trees: Street trees shall be provided on both sides of all internal roads or access ways. A Street Tree Master Plan shall be included with the application for a preliminary subdivision plat (PSP) or site development plan (SDP) as may be appropriate. Installation of individual trees shall be prior to or concurrent with the development of the adjacent dwelling unit or structure in proximity to the roadway or access way. Shade trees in proximity to sidewalks or other paved areas shall be installed with a deep root barrier system. Street trees shall be placed at the more restrictive of one per lot or one per 60 linear feet. A minimum of 50 percent of the trees shall be canopy trees with a 14 foot height at installation. Trees must be located no more than 10 feet from the edge of pavement to be classified as street trees and shall be installed between the edge of pavement and sidewalk when viable. Once installed, should a street tree be displaced or die, it shall be replaced within 12 months. Replacement trees shall minimally meet the original specification requirements, including consistency with the Master Street Tree Plan. This tree requirement may count toward satisfaction of the tree requirements for individual lots or tracts as provided for by the Collier County Land Development Code. If utilized to satisfy Collier County Land Development Code requirements, trees shall be required to meet native species requirements. 3.7 ARCHITFCTURAL STANDAR DS All buildings, lighting, signage, and landscaping shall be architecturally and aesthetically unified. Flat roofs as the primary roof element for buildings and accessory structures are prohibited and roof slopes shall have a minimum pitch of4:l. All pole lighting, internal to the project, shall be architecturally compatible and limited to a height of 20 feet. Page 21 of 29 3.8 DEVELOPMENT STANDARDS FOR PRINCIPAL USES LISTED UNDER SECTION 3.3.A.3. A. Front yard setbacks shall be measured as follows: Co D. E. F. G. If the parcel is served by a public or private fight-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 the most restrictive of the curb or edge of pavement of the driveway. If the parcel is served by a platted private drive, the setback is measured from the road easement or property line. Setbacks 1. Front Yard: 25 feet 2. Side Yard: 25 feet 3. Rear Yard: 25 feet Maximum Height: 35 feet or three (3) stories, whichever is less. Minimum Lot Width: 75 feet Minimum Lot Depth: 75 feet Minimum Lot Area: 6,000 feet Minimum Distance Between Structures: 10 feet Page 22 of 29 SECTION IV PRESERVE TRACTS 4.1 4.2 PURPOSE The purpose of this Section is to identify specific development standards for the areas designated "PRESERVE" on the PUD Master Plan, Exhibit "A". USES PERMITTED Permitted uses within preserve areas do not preclude the requirement of preserving 9.0 acres of native vegetation under the provisions of Collier County Land Development Code Section 3.9.5.5.3. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 2. 3. 4. 5. Passive recreational areas including recreational structures. Biking, hiking, nature trails and boardwalks. Water management structures. Native preserves and wildlife sanctuaries. Supplemental landscape planting, screening and buffering after appropriate environmental review. Page 23 of 29 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 5.2 GENERAL All facilities shall be constructed in accordance with the site development plans or final subdivision plats, as the case may be, and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The Developer, its successors and assigns, shall be responsible for the commitments outlined in this document. The Developer, its successor or assignee, agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is bound by the commitments within this agreement. 5.3 PUD MASTER PLAN Exhibit "A", PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4 MONITORING REPORT AND SUNSET PROVISIONS A. The Balmoral PUD shall be subject to the Time Limits of Section 2.7.3.4 of the Land Development Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Page 24 of 29 Pagellof 11 5.5 DEVELOPMENT EXEMPTION FROM STANDARD SUBDIVISION PRACTICE /REGULATIONS 5.6 The Site Development Plan Division of the Collier County Land Development Code shall apply to the Balmoral PUD, except for the exemptions set forth herein or otherwise granted pursuant to Collier County Land Development Code, Section 3.3.3. SUBSTITUTIONS AND EXCEPTIONS TO SUBDIVISION REGULATIONS 5.7 The following design substitutions shall apply: Bo Co Fo Go LDC Section 3.2.8.3.19: Street name signs shall be approved by the Planning Services Director but not need to meet the U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Internal street pavement painting and reflective edging requirements are waived. LDC Section 3.2.8.4.16.5: Ail internal streets shall considered local streets and their standard right-of-way width shall be fifty (50) feet. If these streets are to be public and dedicated to Collier County, then a sixty (60) foot wide right-of-way is required. LDC Section 3.2.8.4.16.6: The 1,000-foot length for cul-de-sac streets shall be waived. The maximum length shall be 1,150 feet. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall be waived. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to allow the use of a surface course of paver brick or decorative concrete pavement except within public rights-of-way. LDC Section 3.2.8.4.16.12.e: The requirements that grass be required for all non- paved areas of the right-of-way shall be waived to allow the installation of decorative planters and alternative ground cover. LDC Section 3.2.8.4.22.9.c: The requirement that drainage facilities on lots be spaced in accordance with FDOT criteria may be varied upon submittal of the necessary data to support this subsitution at the time of development plan submittal. TRANSPORTATION The development of the PUD Master Plan shall be subject to and governed by the following conditions: Arterial level lighting shall be provided at all project entrances. Installation shall be in place prior to issuance of any certificates of occupancy. The road impact fees shall be paid in accordance with the applicable Ordinance in effect at the time of development order application. Page 25 of 29 Do Eo F° Go Site drainage shall not be permitted to discharge directly into any roadway drainage system not specifically designed for such discharge. Gatehouse facilities, if any, shall be designed and located so as not to cause vehicles to be backed up onto any public roadway. Minimum setback from the edge of pavement shall be 75 feet. Safety access for emergency vehicles shall be provided. Within 90 days of the approval date of the Balmoral PUD, the petitioner, its successors or assigns, shall provide the southernmost 15 feet to meet immediate utility needs. In the event that the east-west Green Boulevard Extension is lbur laned, the 12-inch water main shall be relocated out of the median and into a dedicated Collier County utility easement according to Collier County ordinance standards at the expense of the developer. Within 90 days after the receipt of a written request from the County, made after the funding of the cost of the improvements for the referenced east-west road extending Green Boulevard to Livingston Road, the petitioner, its successors or assigns, shall convey the balance of the right-of-way easement. The Developer may construct all or part of the proposed Green Boulevard Extension roadway connecting to Livingston Road and shall also be responsible for all necessary permitting. Impact fee credits or other funding shall only be available if the roadway, or portion thereof, is constructed to County design standards for a collector road under County ordinances and policies and is not a site related improvement. The entrance for the east-west collector road shall be located no closer than 500 feet from Livingston Road. Once the interests of any easement holder or lien holder are subordinated or released relative to the Kensington drainage outfall ditch, the Developer may cover and bury the pipes to construct the collector road within the easement. Valuation of the conveyance shall be as set forth in Section 2.2.20.3.7 of the Land Development Code. Within thirty (30) days of the County's adoption of the Balmoral PUD, the Developer shall donate, without compensation, the easternmost 10 feet of its property for a nonexclusive County Utility Easement. Per the Stipulated Final Judgment in Case No.: 01-0757-CA, the County shall construct a directional median opening and turn bay within the right-of-way for Livingston Road, 1,090 feet north of the southern boundary of the subject parcel. After the initial construction, the County may close the directional median opening at the earlier of (a) the installation and opening of a traffic signal at the east-west collector road, or (b) based on safety and/or capacity measures. Platted project streets may be private or public, or may be owned by a homeowners' association and shall be classified as local streets. The private or public designation shall be made at the subdivision plat or site development plan stage of permitting, as may applicable. Page 26 of 29 5.8 5.9 5.10 5.11 Access. The project's initial access shall be from Livingston Road and shall be located approximately 1,090 feet north of the parcel's southwest comer. A secondary access location may be required to be located along the proposed Green Boulevard Extension roadway located along the parcel's southern property line a minimum of 500 feet east of Livingston Road and a minimum of 660 feet west of the parcel's eastern property line. In the event that the Green Boulevard Extension is not funded for construction at the time Tracts R-3 and R-4 are proposed for site development plan or preliminary subdivision plan review, then the secondary access point shall be provided from Whippoorwill Lane. Other than as prescribed in the Stipulated Final Judgment, Collier County has the right to modify or change any median treatment on the public road system and other than those points of access required by the Judgment, there is no vesting of number, type or location of access points. Sidewalks, pathways and bicycle lanes shall be required in accordance with the provisions Section 3.2.8.3.17 of the Collier County Land Development Code as may be applicable at the time of development order application. SITE LIGHTING Lighting facilities shall be arranged in a manner, which will protect roadways and neighborhood residential properties from direct glare or other interference. SIGNAGE All signs shall be in accordance with Division 2.5 of Collier County's Land Development Code in effect at the time of Site Development Plan approval. The height of project identification signs shall be measured from the finished grade of the nearest street. ARCHAEOLOGICAL RESOURCES 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 an 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. ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Section Staff. Removal of exotic vegetation within on-site wetlands shall not be counted toward mitigation for impacts to Collier County jurisdictional wetlands unless otherwise provided for within the Land Development Code. Page 27 of 29 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 that 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. Co Buffers shall be provided around any retained 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 Resource Permit Rules and be subject to review and approval by the Current Planning Section 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 Section Staff for review and approval prior to site development plan/construction plan approval. This plan shall include methods and a time schedule for removal of exotic vegetation within conservation / preservation areas. mo Approximately 36.0 acres of the subject property are vegetated with native species. The Developer shall preserve a minimum of twenty-five (25%) percent of the total vegetated area consistent with the provisions of the Collier County Land Development Code, Section 3.9.5.5.3, yielding a minimum preserve area of 9.0 acres. 5.12 WATER MANAGEMENT A copy of the approved South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to any site development plan approval. 5.13 UTILITIES mo Water distribution and 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 County rules and regulations. Bo All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under Rule 10D-6 of the Florida Administrative Code, and may use potable or irrigation wells. Page 28 of 29 5.14 The on-site distribution system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project boundaries. Said system shall be consistent with the main sizing and any other requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities, dead-end mains shall be minimized by looping the internal pipeline network, where feasible. The Developer shall be deemed a benefiting party of the Whippoorwill Lane utility extensions for water and sewer utilities and area-wide drainage facilities only if they hook up to and utilize these extensions. If the utility needs for water and/or sewer utilities and/or drainage facilities are provided by other means, the Developer will not be deemed a benefiting party of the Whippoorwill Lane area-wide utility extensions. Fo A sanitary sewer collection system and potable water supply distribution system shall be designed having area-wide standard specifications as determined acceptable to the Collier County Public Works Engineering Division. Design specifications resulting in incurred costs to this project, but having area-wide benefits, will be prorated against this project but will be proportionately shared by the Developer with all benefiting projects. Said pro-rata costs shall be determined by Collier County on a per unit basis with all benefiting development projects having frontage on or access to these utilities along Whippoorwill Lane or its east/west extension. These costs shall be paid to Collier County prior to the issuance of any building permits for this development. Said costs with area-wide benefits incurred by this development shall be rebated pursuant to the terms of a Developer Contribution Agreement. The Developer's subdivision plan or site development plan application, as may be applicable, shall include a commitment to extend to and connect to the County's water distribution lines on Livingston Road and Whippoorwill Lane, establishing a looped system, if the County facility is within 50 feet of the parcel's boundary. POLLING PLACES This PUD is subject to the provisions in Section 3.2.8.3.14 of the Land Developlnent Code. Page 29 of 29 Page 8 of 11 ~ ~ (V~'I~NO FLO~ WA~ FUTURE LIVlNGSTQN ROAD PUD 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: ORDINA/qCE NO. 2002-43 Which was adopted by the Board of County Commissioners on the 30th day of July, 2002, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 5th day of August, 2002. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners