Ordinance 2003-04ORDINANCE NO. 03- 0 4'
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 MAPS NUMBERED 1604S AND
1605 S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "PUD" TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS LANDS END
PRESERVE, FOR PROPERTY LOCATED
APPROXIMATELY 1/2 MILE WEST OF COLLIER
BOULEVARD (C.R. #951) BY WAY OF TOWER ROAD
OR ON THE WEST SIDE OF BAREFOOT WILLIAMS
ROAD, IN SECTIONS 4 AND 5, TOWNSHIP 51
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 262.9+ ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 94-43, THE FORMER LANDS"' END
PRESERVE PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, D. Wayne Arnold, of Q. Grady Minor and Associates, representing Emerald
Lakes Joint Venture, 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 Sections 4 and 5,
Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD"
Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A",
which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps
numbered 1604S and 1605S, as described in Ordinance Number 91-102, the Collier County Land
Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 94-43, known as the Lands End Preserve PUD, adopted on September
13, 1994, by the Board of County Commissioners of Collier County, is hereby repealed in its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.
1
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this lq4h day of ~-~o~c-o ,2003.
I
ATTEST:
DWIGHT ~'~ROCK, CLERK
. .?~' ,,~,.,,~ '...
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ApPro~a~F°~ ~
Legal Sufficiency
~jofie M. Student
Assistant County A~omey
PUDA-2002-AR-2702/RB/lo
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed witl~hc
Secretary of State's Office th::
and acknowledgement of that
filin~ received this ~ day
Lands End Preserve
A
PLANNED UNIT DEVELOPMENT
263± Acres Located in Sections 4 and 5,
Township 51 South, Range 26 East,
Collier County, Florida
PREPARED FOR:
Emerald Lakes Joint Venture
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"
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ii
TABLE OF CONTENTS
PAGE
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
EXHIBIT A
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, &
GENERAL DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL
RECREATION CENTER
PRESERVE
GENERAL DEVELOPMENT COMMITMENTS
PUD MASTER PLAN
iii
1-1
2-1
3-1
4-1
5-I
6-1
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iii
STATEMENT OF COMPLIANCE
The purpose of this Section is to express the intent of Emerald Lakes Joint Venture, hereinafter
referred to as the Developer, to create a Planned Unit Development (PUD) on 262.9+ acres of land
located in Sections 4 and 5, Township 51 South, Range 26 East, Collier County, Florida. The name
of this Planned Unit Development shall be Lands End Preserve. The development of Lands End
Preserve 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.
o
The proposed residential density of Lands End Preserve is 2.75 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 four (4) units per acre. Due to the project's location adjacent to the Traffic
Congestion Zone, one (1) dwelling unit is subtracted from the base density to permit a
maximum of three (3) dwelling units per acre.
The proposed maximum 10,000 square feet of convenience commercial and personal
service uses located in the Recreation Center Tract, are consistent with the proposed Future
Land Use Element, PUD Neighborhood Village Center Subdistrict.
The Lands End Preserve PUD is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the FLUE.
Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the FLUE.
o
The development of the Lands End Preserve PUD will result in an efficient and economical
extension of community facilities and services as required in Policy 3.1 of the FLUE.
The Lands End Preserve PUD is a large-scale 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.
The Lands End Preserve 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.
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o
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.
o
The Assisted Living Facility (ALF), permitted in specified Residemial Development tracts
is a permitted community facility land use in the Urban Coastal Fringe Subdistrict of the
Furore Land Use Element of the Growth Management Plan.
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V
SHORT TITLE
This ordinance shall be known and cited as the "LANDS END PRESERVE PLANNED UNIT
DEVELOPMENT ORDINANCE".
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SECTION I
LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
1.2
The purpose of this Section is to set forth the legal description and ownership of the Lands
End Preserve PUD, and to describe the existing condition of the property proposed to be
developed.
LEGAL DESCRIPTION
The subject property being 262.9 acres, is described as:
The North ½ of the South ½ of Section 4, Township 51 South, Range 26 East, Collier
County, Florida lying Westerly of the centerline of Barefoot Williams Road.
Together with:
The South ½ of the South ½ of Section 4, Township 51 South, Range 26 East, Collier
County, Florida lying Westerly of the Westerly Right of Way Line of Barefoot Williams
Road.
1.3
Together with:
The Southeast ¼ of the Southeast ¼ of Section 5, Township 51 South, Range 26 East,
Collier County, Florida.
Together with:
The South ½ of the Northeast ¼ of the Southeast ¼ of Section 5, Township 51 South,
Range 26 East, Collier County, Florida.
GENERAL DESCRIPTION OF PROPERTY
The project site is located in Sections 4 and 5, Township 51 South, Range 26 East,
Collier County, Florida. The site is generally bordered on the west by Lely Lakes
Golf Resort PUD; on the north by LESNAP, an unrecorded subdivision; on the east
by the Eagle Creek PUD, a developed residential/golf course community that is
zoned PUD; and on the south by undeveloped agriculture and conservation zoned
property.
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The zoning classification of the subject property at the time of PUD application is
PUD.
1.4
1.5
Elevations within the site are approximately 3.5 feet to 4.5 feet above MSL. Per
FEMA Firm Map Panel No. 120067 615 E, dated August 3, 1992, the Lands End
Preserve property is located within AE 8 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. An
Environmental Impact Statement (EIS) has been submitted, pursuant to Division 3.8
of the LDC, and provisions for on-site preservation of higher quality wetlands are
incorporated into the design of the Conceptual Master Plan, and overall water
management system.
The soil types on the site generally include fine quartz sand and organic loam. This
information was derived from the Soil Survey of Collier County, Florida.
The Lands End Preserve contains a variety of vegetative communities, including
cropland and pastures, woodland pastures, pine flatwoods, and palmetto prairies. A
detailed vegetative inventory and map is included in the Environmental Impact
Statement attachment to the Application for PUD Rezoning packet.
Go
The project site is located within the Collier County Water Management District
Henderson Creek Watershed.
PERMITTED VARIATIONS OF DWELLING UNITS
A maximum of 725 dwelling units are permitted within the Lands End Preserve PUD. This
maximum of 725 dwellings may include single-family, two-family, duplex, zero lot line,
patio, townhome and multi-family dwelling unit types. The PUD shall also permit
development of an Assisted Living Facility (ALF) on the residential/golf tracts as shown on
the Conceptual Master Plan, subject to standards found in Section 2.6.26 of the LDC.
DENSITY
Acreage of Lands End Preserve is approximately 262.9 acres and the number of
dwelling units authorized to be built pursuant to this PUD is a maximum of 725.
The gross project density, therefore, will be a maximum of 2.75 units per acre.
At all times, all property included within the Lands End Preserve PUD as described
in Section 1.2 shall be included in determining project density, including lands
reserved for road right-of-way.
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SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for the Lands
End Preserve PUD, and to identify relationships to applicable County ordinances, policies,
and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The Lands End Preserve PUD will be developed as a mixed use residential
community, which may feature a full array of residential dwelling types, and a
recreation center, providing for activities such as community gatherings, recreational
amenities, convenience commercial uses 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 individual
recreational areas, water management features, and tract development areas 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.
2.3 COMPLIANCE WITH COUNTY ORDINANCES
Regulations for development of the Lands End Preserve 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
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. 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.
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.
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Fo
Ho
Unless modified, waived or excepted by this PUD or by subsequent request, the
provisions of 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 Lands End Preserve Master
Plan are pan 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
Lands End Preserve 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 Lands End Preserve 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 carried out throughout the development of
that entire tract. However, tracts platted for the purpose of establishing prototypical
model homes shall be not be required to develop with a singular dwelling unit type.
2.4 ROADWAYS
B°
Roadways within the Lands End Preserve PUD shall 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.
Roadways within the Lands End Preserve PUD shall be designed and constructed in
accordance with Section 3.2.8 of the LDC with the following substitutions:
1. Streets and access improvements
Section 3.2.8.4.16.5, Street Right-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.
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b. 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: Street intersections shall be
provided with a minimum of a twenty (20) foot radius (face of
curb) for all internal project streets and a thirty-five (35) foot radius
for intersections at project entrances.
d. Section 3.2.8.4.16.10, Reverse Curves: Tangents shall not be
required between reverse curves on any project streets.
2. Sidewalks, bike lanes and bike paths
ao
Section 3.2.8.3.17.3, Sidewalks, bike lanes and bike paths: The
primary project entry road and loop road system shall have a
minimum eight foot (8') wide pathway on one side of the street, or a
5 foot wide pathway on both sides of the street, which may meander
in and out of the right-of-way.
Cul-de-sacs and private streets less than one thousand (1,000) feet in
length shall not be required to provide sidewalks. Cul-de-sacs and
private streets exceeding one thousand (1,000) feet in length shall
provide sidewalks on one side of the roadway.
2.5 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Section 3.5.7.1 of the LDC may be reduced
subject to the provisions established in Sections 3.5.7.1.1 and 3.5.7.1.2 of the LDC. 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 be subject to permit approval of the South Florida
Water Management District. Removal of fill and rock from the Lands End Preserve PUD
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 Developer and the Collier County Engineering Director for engineering and safety
considerations during the development review process and prior to any installations.
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2-4
2.7
MODEL HOMES/SALES CENTERS/SALES OFFICES/
CONSTRUCTION OFFICES
2.8
mo
TEMPORARY CONSTRUCTION AND DEVELOPMENT PERMITS
During the construction of any development for which at least a preliminary
development order has been granted, the Developer may request a temporary use
permit for the below-listed uses subject to the procedures established in Section
2.6.33 of the LDC. Temporary construction and development permits shall be
allowed for the following uses:
2.
3.
4.
5.
6.
Temporary offices to be used for construction, real estate sales and
administrative functions within the development.
Temporary sales centers and model homes
On-site storage of equipment and construction materials for use on the
development site only.
On-site mobile home used as a temporary office or storage facility for persons
engaged in the development of the site.
On-site mobile home for the use of a watchman or caretaker only.
On-site temporary use of structures and equipment for the building of roads,
public utilities, and government projects.
CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER
PLAN
2.9
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.
COMMON AREA MAINTENANCE
Common area maintenance will be provided by a Community Development District (CDD)
or by a Property Owners' Association. For those areas not maintained by a CDD, the
Developer will create a property owners' association or associations, whose functions shall
include provisions for the perpetual maintenance of common facilities and open spaces.
The CDD or the property owners' association, as applicable, shall be responsible for the
operation, maintenance, and management of the surface water and stormwater management
systems.
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2.10
LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout the Lands End Preserve PUD. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
Do
Grassed berms 4:1
Ground covered berms
Perimeter 2:1
Internal to project 3:1
R/p-Rap berms 1:1 with geotextile mat
Structural walled berms - vertical
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 for berm elevations with an average side slope
of 4:1 or less, and shall not exceed six feet (6') 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 Lands End Preserve PUD boundary prior to preliminary subdivision plat and
site development plan submittal.
Fences and walls which are an integral part of a gatehouses and control gates shall
be subject to the height limitations for accessory residential structures, not to exceed
30 feet.
Eo
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, as required in Section
2.7 of the LDC.
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.
B. The Lands End Preserve PUD is a planned community and will be developed under
unified control. The Developer will establish design guidelines and standards to
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2-6
2.12
2.13
ensure a high and consistent level of quality for residential units and related
community features and facilities, which include features and facilities such as
landscaping, hardscape, waterscaPes, signage, lighting, pedestrian systems, bicycle
paths, pavement treatments, roadway medians, fences, walls, buffers, berms and
other similar facilities.
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.
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Lands End Preserve
PUD except in the Conservation Area. General permitted uses are those uses which
generally serve the Developer and residents of the Lands End Preserve PUD and are
typically part of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under LDC, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5. Guardhouses, gatehouses, and access control smactures.
6. 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 2.10 of this
PUD.
B. Development Standards:
Unless otherwise set forth in this Document, the following development standards
shall apply to structures:
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2.14
2.15
2.16
Setback from back of curb or edge of pavement of any road - twelve feet
(12') except for guardhouses, 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').
4. Maximum height of structures - See Table 1, Development Standards.
5. Minimum floor area - None required.
6. Minimum lot or parcel area - None required.
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 mixed-use residential projects
maintain open space at a minimum of 30% 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 areas, will satisfy the 30%
open space requirements of Section 2.6.32 of the LDC for mixed-use developments.
NATIVE VEGETATION RETENTION REQUIREMENTS
A. Pursuant to Section 3.9.5.5.3 of the LDC, 25% of the viable naturally functioning native
vegetation on site shall be retained.
SIGNAGE
A. GENERAL
All signs will be in accordance with Division 2.5 of the Collier County Land
Development Code except in the following instances.
Two ground or wall entrance signs are allowed at the entrance to each
individual residential tract shown on Exhibit "A" and shall be limited in
size to 60 square feet each and shall not exceed a height of 6 feet. These
signs shall not contain more than the project name 6f the individual tract,
the main project name, and the insignia or motto of the project. Said signs
are to be located so that they are visible only internal to the Lands End
Preserve PUD.
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2-8
2.18
Two ground signs fronting on Barefoot Williams Road, one_ north and one
south of the main project entrance, shall be allowed in addition to other
signage allowed by Division 2.5, of the Land Development Code. Each of
these permitted signs shall be limited to 120 square feet in area;
supplemented with significant landscaping; contain only the main project
name and insignia or motto of the entire development; and be
architecturally compatible with landscaped buffer along Barefoot Williams
Road and the common architectural theme of the entire project.
SIDEWALKS/BIKEPATHS
Pursuant to LDC, Section 3.2.8.3.17 and Section 2.4 of the Lands End Preserve
PUD, sidewalks/bike paths shall be permitted as follows:
An internal pedestrian walkway system is permitted within drainage
easements. Where such a pedestrian system is provided, no sidewalk shall
be required adjacent to the right-of-way serving the adjacent residential
tract.
Sidewalks may be located outside platted right-of-way, when located
within a separate sidewalk easement.
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.
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3-1
SECTION III
3.1
PURPOSE
RESIDENTIAL/GOLF
The purpose of this Section is to identify permitted uses and development standards for
areas within the Lands End Preserve PUD designated on the Master Plan as "R/G",
Residential/Golf.
3.2
3.3
MAXIMUM DWELLING UNITS
A maximum of 725 approved residential dwelling units may be constructed on lands
designated "R/G," Residential/Golf on the PUD Master Plan. For purposes of project
density 16 ALF units shall constitute 1 Residential dwelling unit.
GENERAL DESCRIPTION
Areas designated as "R/G," Residential/Golf on the Master Plan are designed to
accommodate a full range of residential dwelling types, general permitted uses as described
by Section 2.13 of the Lands End PUD, a full range of recreational facilities, essential
services, and customary accessory uses.
The approximate acreage of the area designated as "R/G", Residential/Golf 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/Golf tracts are designed to accommodate
internal roadways, open spaces, golf course uses 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 attached and detached dwellings, townhomes.
Single family patio and zero lot line dwellings.
Two-family and duplex dwellings.
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12/10/2002
3-2
3.5
4. Multi-family dwellings including mid-rise, coach home and garden
apartments.
Model homes and model home centers including offices for project
administration, construction, sales and marketing.
6. Assisted living facilities (ALF).
Recreational facilities such as parks, play grounds, and pedestrian/bikeways.
Golf course and golf course related facilities.
B. Accessory Uses and Structures:
Accessory uses and structures customarily associated with principal uses
permitted in this district, including swimming pools, spas and screen
enclosures, recreational facilities designed to serve the development and
provide essential services.
Golf course related accessory uses including but not limited to clubhouses,
golf maintenance facilities, restaurant, and driving range.
DEVELOPMENT STANDARDS
mo
Table 1 sets forth the development standards for land uses within the Lands End
Preserve PUD Residential/Golf area. The following standards shall be applicable to
the proposed ALF. Standards not specified herein shall be those specified in Section
2.26.20 of the LDC in effect as of the date of adoption of this PUD Ordinance.
Minimum Lot Size - 5 acres, not to exceed a maximum of 10 acres.
Minimum Yard Requirements: Front: 25'
Side: 15', except no setback shall be required from any lake
easement.
Rear: 25', except that no setback shall be required from any lake
easement.
Floor Area Ratio: .45 FAR.
Maximum Height: 3-stories over l-level of parking.
Bo
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, unless
otherwise specified.
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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 yards, heights,
and floor area standards apply to principal structures.
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During the Platting process, the Developer shall identify the specific housing type
intended for each platted tract.
F:\PUD Documents\Lands End2.doc 12/10/2002
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TABLE 1
LANDS END PRESERVE PUD
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREA
SINGLE FAMILY PATIO & ZERO TWO SINGLE FAMILY MULTI FAMILY
DETACHED LOT LINE FAMILY/ ATTACHED/ DWELLINGS
DUPLEX TOWNHOME
Minimum Lot Area 5,000 SF 4,000 SF 3,500 SF 3,500 SF NA
Minimum Lot Width ,2 40 35 35 20 NA
Front Yard Setback
(Principal and Accessory) 20 20 20 20 20
Front Yard for Side
Entry Garage 12 12 12 12 12
Rear Yard Setback' ~
(Principal) 10 10 10 10 15
Rear Yard Setback
(Accessory) '~
5 5 5 5 5
Side Yard Setback 6 0 or 6'4 0 or 6.4 0 or 6 ,4.~ NA
Maximum Height ,5 35 35 35 35 75 over 1 level of
parking not to exceed
86' above FEMA
elevation
Accessory 30 30 30 30 30
Floor Area Minimum (SF) 1200 SF 1200 SF 1200 SF 1200 SF I000 SF
Minimum Distance Between
Principal Structures NA 5 or 10TM 5 or l0'3'4 15 feet's .5 SBH or 15 feetTM
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.
*l - Setback from lake easements for all accessory uses and structures may be 0'. Setback from preserve areas shall be 25' for principal structures and 15' for accessory
structures.
*2 - Minimum lot width for cul-de-sac lots shall be consistent with the measurement standards established in Division 6.3 of the LDC.
*3 - 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 twelve
foot (12') yard. Zero foot (fi) yards may be used on either side ora structure 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 at the common property line. Where this option is used, a conceptual site plan for all lots platted for patio and
zero lot line shall be submitted to the Building Department with the application for the first building Perrait. This plan will be used to determine the twelve foot (12')
spacing requirement between structures.
*4 - Distance between principal structures not inclusive of garages or accessory structures. Where common architectural themes are utilized for a common development tract,
distances between principal structures may be reduced subject to fire district approval at the time of site plan review.
*5 - No Multi-family building exceeding 35 feet over one level of parking shall be permitted within 200 feet of the westernmost right-of-way line of the Barefoot Williams
Road right-of-way. Building height shall be measured as defined in Division 6 of the Land Development Code.
F:LPUD Documents~Lands End2doc 1/17/2003
4-1
SECTION IV
4.1
PURPOSE
RECREATION CENTER
The purpose of this section is to identify permitted uses and development standards for
areas within the Lands End Preserve PUD designated on the Master Plan as RC,
"Recreation Center."
4.2
4.3
GENERAL DESCRIPTION
The approximate acreage of the Recreation Center is indicated on the 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. The Recreation Center/Neighborhood Village Center is designed as a mixed-
use area which will accommodate a variety of active recreational and personal services for
Lands End Preserve residents and guests.
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:
mo
Recreational facilities and structures such as pools, fitness facilities, clubhouses,
meeting rooms, community buildings, playgrounds, playfields, and tennis courts.
Neighborhood Village Center, subject to Section 2.2.20.3.14 of the LDC. A
maximum of 3.5 acres or 10,000 square feet of gross building area may be utilized
for a variety of convenience commercial and personal service uses including, but not
limited to, real estate sales offices, (on-site) restaurants, delicatessen, convenience
market, satellite banking, auto washing, postal station, beauty salon, and other
permitted uses in accordance with Section 2.2.20.3.14 of the LDC in effect as of the
date of adoption of this PUD Ordinance.
Permitted Accessory Uses and Structures
Accessory uses and structures customarily associated with principal uses
permitted in this District.
F:\PUD DocumentskLands End2.doc 12/23/2002
4-2
4.4 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
2.
3.
4.
Front Yard: Twenty-five feet (25')
Side Yard: Fifteen feet (15').
Rear Yard: Fifteen feet (15').
Setback from a lake or conservation areas for all principal and accessory
uses may be zero feet (0') provided architectural bank treatment is
incorporated into the design.
Exterior lighting shall be arranged in a manner, which will protect roadways and
residential properties from direct glare or unreasonable interference.
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Maximum height of structures - Forty feet (40); except clock towers or similar
architectural features, which shall be permitted up to fifty feet (50').
Minimum distance between principal structures - Ten feet (10') or greater if
required by local fire codes at time of development.
E. Minimum distance between accessory structures - Ten feet (10').
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Parking for uses and structures constructed in the Recreation Center: one (1) space
per five hundred (500) square feet of building area. No additional parking shall be
required for any outdoor recreation use located in the Recreation Center.
F2PUD Documents~Lands End2,doc 12/10/2002
5-1
5.1
5.2
5.3
5.4
SECTION V
PRESERVE
PURPOSE
The purpose of this Section is to identify permitted uses and development standards for the
area within the Lands End Preserve PUD designated on the Master Plan as "P" Preserve.
GENERAL DESCRIPTION
Areas designated as "P", Preserve on the Master Plan are designed to accommodate
conservation, passive recreation and water management uses and functions. The
approximate acreage of the Preserve is indicated on the Master Plan. This acreage is based
on conceptual designs and is approximate. The configuration of these areas may change
due to permitting requirements with the SFWMD and USACOE; however, the acreage shall
be substantially consistent with that shown on the Master Plan. 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.
Water management structures, with approval by Collier County
Environmental and Engineering Review Sections.
DEVELOPMENT STANDARDS
A. Minimum Yard Requirements
°
From PUD or external
development tract boundary:
From internal tract boundary:
From lake:
Fifteen Feet (15')
Ten Feet (10')
Zero Feet (0')
B. Maximum Height of Structures:
Twenty-five Feet (25')
F:\PUD Documents~Lands End2.doc
12/10/2002
6-I
SECTION VI
6.1
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE
6.2
6.3
The purpose of this Section is to set forth the development commitments for the
Lands End Preserve PUD.
PUD MASTER DEVELOPMENT PLAN
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All facilities shall be constructed in accordance with the final site development
plans, final subdivision plans and all applicable state and local laws, codes and
regulations 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
6.4
Except as noted herein, all project development will
Divisions 3.2 and 3.3 of the LDC respectively.
UTILITIES
occur consistent with
mo
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, except as may be provided in Section 2.6 of this
Document.
B°
Upon completion of the utility facilities, they shall be tested to insure they meet
Collier County's utility construction requirements in .effect at the time
construction plans are approved.
F:\PUD Documents~Lands End2.doc 12/10/2002
6-2
6.5
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A hydraulically sized water main and sewage force main shall be extended to the
project site via Tower Road and Barefoot Williams Road.
All customers connecting to the potable water and sanitary sewer system shall be
customers of the County.
WATER MANAGEMENT
Bo
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Fo
Go
In accordance with the rules of the South Florida Water Management District, this
project shall be designed for a storm event of a 3-day duration and 25-year return
frequency.
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, and shall be consistent with permits
issued by the South Florida Water Management District.
The Lands End Preserve 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.
This project shall be reviewed and approved by the Collier County Stormwater
Management Section prior to construction plan approval. Lake sideslopes must
conform to the requirements of Section 3.5 of the Land Development Code.
This project developer must obtain an Environmental Resource Permit from the
South Florida Water Management District prior to Site Development Plan
approval.
The project developer shall evaluate off-site flows coming onto the property from
adjacent properties and analyze them to ensure that there is sufficient capacity in
the proposed perimeter bypass swale system without causing flooding or causing
adverse surface water conditions to adjacent property owners. This information
shall be provided at the time of construction plan review.
The PUD amendment, if approved, shall contain a statement to the effect that the
perimeter bypass swale system shall be placed within a drainage easement
dedicated to Collier County, with no responsibility for maintenance, and that the
responsible entity for the Lands End Preserve PUD shall maintain the perimeter
bypass swale system free of buildings, fences, trees, shrubs, and any other
obstructions to free flow discharge, including dense vegetation. The bypass
F:\PUD Documents\Lands End2.doc 12/10/2002
6-3
perimeter swale shall be inspected monthly, between the months of June and
November, to ensure the system is capable of working and a permanent record
maintained showing, at a minimum, the name of the person performing the
inspection, their position of authority for the Lands End Preserve PUD, and the
conditions observed.
6.6 ENVIRONMENTAL
mo
Buffers shall be provided around wetlands, extending at least fifteen (15) feet
landward from the edge of wetland preserves in all places and averaging twenty-
five (25) feet from the landward edge of wetlands. Where natural buffers are not
possible, structural buffers shall be provided in accordance with the State of
Florida Environmental Resources Permit Rules and be subject to review and
approval by Planning Services Staff.
An exotic vegetation removal, monitoring and maintenance plan for the site, with
emphasis on the conservation/preservation areas, shall be submitted to Planning
Services Staff for review and approval prior to final site plan/construction plan
approval. A schedule for exotic vegetation removal within all
conservation/preservation areas shall be submitted with the above-mentioned
plan.
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.
Do
The Lands End PUD shall comply with the guidelines and recommendations of
the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to protected
species on-site. A Habitat Management Plan for those protected species shall be
submitted to Planning Services Staff for review and approval prior to final site
plan/construction plan approval.
The Developer shall retain a minimum 50' wide strip of existing vegetation along
the Barefoot Williams Road frontage until such time that the permanent landscape
buffer is constructed. Canopy trees as required by the Land Development Code
with the permanent landscape buffer shall be a minimum of 14' in height at the
time of planting, and required shrubs shall be a minimum of 36" in height at the
time of planting.
FSPUD Documents~Lands End2.doc 1 / 17/2003
6-4
6.7 TRANSPORTATION
All traffic control devices used must be in accordance with the traffic control
standards as adopted by the Florida Department of Transportation (FDOT), as
amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control
Law.
All traffic speed limit postings must be in accordance with the Speed Zoning
Manual as adopted by the Florida Department of Transportation (FDOT), as
amended, as required by Florida Statutes - Chapter 316 Uniform Traffic Control
Law.
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Arterial level street lighting must be provided at all development points of ingress
and egress. Said lighting must be in place prior to the issuance of the first
permanent certificate of occupancy.
External and internal improvements determined by Collier County Staff to be
essential to the safe ingress and egress to the development will not be considered
for impact fee credits.
Eo
Road Impact Fees will be paid in accordance with Collier County Ordinance
2001-13, as amended, and will be paid at the time building permits are issued,
unless otherwise approved by the Collier County Board of Commissioners.
Fo
Any and all points of ingress and/or egress as shown on any and all plan
submittal(s) are conceptual in nature and subject to change, as determined by
Collier County Staff. The County reserves the right to modify or close any ingress
and/or egress location(s) determined to have an adverse affect on the health, safety
and welfare of the public. These include but are not limited to safety concerns,
operational circulation issues and roadway capacity problems.
Any and all median opening locations must be in accordance with the Collier
County Access Management Policy, as amended, and Land Development Code
(LDC), as amended. Median access and control will remain under the County's
authority. The County reserves the right to modify or close any median
opening(s) determined to have an adverse affect on the health, safety and welfare
of the public. These include but are not limited to safety concerns, operational
circulation issues and roadway capacity problems.
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Nothing in any development order will vest the right of access over and above a
right in/right out condition. Neither will the existence of nor lack of a future
FSPUD Documents\Lands End2.doc 1/17/2003
6-5
Jo
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No
median opening be the basis for any future cause of action for damages against the
County by the Developer(s), its successor(s) in title, or assignee(s).
The development will be designed to promote the safe travel of all users including
pedestrians and bicyclists. Pedestrian and bicycle travel ways will be separated
from vehicular traffic areas in accordance with recognized standards and safe
practices, as determined by Collier County Staff.
The Developer(s) must provide any and all site related transportation
improvement(s) including, but not limited to, any and all necessary turn lane(s)
improvement(s) at the development entrance(s) prior to the issuance of the first
permanent certificate of occupancy. Said improvements are considered site
related, and therefore, do not qualify for impact fee credits. When said turn lane
improvement(s), whether left turn lane(s) and/or right turn lane(s), are determined
to be necessary, right-of-way and/or compensating right-of-way, will be provided
in conjunction with said improvement(s), as determined by Collier County Staff.
All work within Collier County right-of-way will meet the requirements of
Collier County Ordinance No. 93-64.
All internal access(es), drive aisles and sidewalk(s) not located within the County
fight-of-way will be privately maintained by an entity created by the Developer(s),
its successor(s) in title, or assignee(s).
If any of the entrances are to be gated, the gates and gatehouse shall be designed
and located so as not to cause vehicles to be backed up onto Tower Road or
Barefoot Williams Road.
This project shall provide a "fair-share" contribution toward the signalization
costs of the intersections between U.S. 41 and Barefoot Williams Road, and
Tower Road and S.R. 951, when any of these intersections are deemed warranted
for a traffic signal. Signal warrants shall be determined by Collier County. Such
traffic signals shall be owned, operated and maintained by Collier County. Any
negotiations relevant to "fair share" payment(s), or reimbursement(s), from any
and all other neighboring developer(s)/property owner(s), that directly benefit
from said traffic signal(s), will be determined based upon the percentage of
usage/impact.
FSPUD Documents~Lands End2.doc 1/I 7/2003
6-6
Concurrent with construction and prior to the issuance of the first permanent
residential certificate of occupancy, the Developer shall reconstruct Tower Road
and Barefoot Williams Road from S.R. 951 to the northern boundary of the Land
End Preserve property on Barefoot Williams Road. The construction shall be a
rural type cross-section with 22 foot pavement widths, 2 foot stabilized shoulders,
open drainage and an 8 foot wide multi-purpose pathway on one side of the
roadway.
Po
At the time there are 2,000 average daily trips (ADT) on Barefoot Williams Road
north of the subject property line to Price Street as determined in the annual PUD
monitoring report at a point approximately 500 feet south of Price Street, this
section of Barefoot Williams Road shall be improved. This improvement shall
increase the pavement width to 22 feet, construct 2 foot stabilized shoulders,
resurface the pavement with ~ -inch type S-3 asphalt, restripe the new surface and
construct an 8 foot wide multi-purpose pathway on one side of the roadway to
match the previously constructed 8 foot wide multipurpose pathway on Barefoot
Williams Road.
At the time there are 900 average daily trips (ADT) on Price Street from the
existing entrance to the Shops at Eagle Creek Shopping Center to Barefoot
Williams Road as determined in the annual PUD monitoring report at a point
approximately 500 feet east of Barefoot Williams Road or a maximum of 400
dwelling units constructed within the Lands End Preserve PUD, whichever occurs
earlier, this roadway section of Price Street shall be improved by increasing the
pavement width to 22 feet, providing 2 foot stabilized shoulders, and adding 5
foot bike lanes on each side.
F:\PUD DoeumentsK,ands End2.doc 1/17/2003
Ill
Il
STATE OF FLORIDA)
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. 2003-04
Which was adopted by the Board of County Commissioners on
the 14th day of January, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st day
of January, 2003.
DWIGHT E. BROC~"5?,~, ;C~' ',.
Clerk of Coum~ ~ni:l .C!~.k
Ex-officio :. T.;
County Comm~'gl~ners~ ~ ~ '
By: Patr~c ~a'..L Y~an
Deputy