Ordinance 2003-06ORDINANCE NO. 03 - 0 6
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 1612N AND
1612S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "PUD" TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS WALNUT LAKES,
FOR PROPERTY LOCATED ON THE EAST SIDE OF
EAST TAMIAMI TRAIL (U.S. 41) APPROXIMATELY
2.5 MILES EAST OF COLLIER BOULEVARD (CR 951)
IN SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF APPROXIMATELY 204 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 01-70, THE
FORMER WALNUT LAKES PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Karen Bishop of PMS Inc., representing Walnut Lakes LLC, petitioned the
Board of County Commissioners to change the zoning classification of the herein described real
property.
NOW, THEREFORE, BE IT ORDAINED BY the Collier County Board of County
Commissioners of Collier County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 12,
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 1612N and 1612S, as described in Ordinance Number 91-102, the Collier County Land
Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 01-70, known as the Walnut Lakes PUD, adopted on November 27,
2001 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~,~day of ~To~oo.r~ ,2003.
ATTEST:
DWIG~.II~R..~CK, CLERK
· '~ '? .:. ~..~
Approv~d as to ,Fo~ and
Legal Sufficiency
Marj"~i~Ol~I .~ §~udent
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: TO~~
This ordinance filed with the
Secretary of State's Office the
~. c~ of ~, 20o$
and acknowledgement of that
filino received this r1441 day
of ~J~r-uai,.o ZO0~
~pu~ Clerk ~
PUDA-2002-AR-2803/RB/sp
2
WALNUT LAKES
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING
THE WALNUT LAKES PUD
A PLANNED UNIT DEVELOPMENT
PURSUANT TO PROVISIONS
OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR'
Walnut Lakes LLC., Saundry Associates Inc. as Manager
8610 Pebblebrook Drive
Naples, Florida 34119
PREPARED BY:
Karen K. Bishop
PMS, Inc. of Naples
2335 N. Tamiami Trail
Suite 408
Naples, Fl 34103
REVISED BY COLLIER COUNTY ON OCTOBER 3, 2001
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS & REPEAL
ol. "10
"EXHIBIT A"
-1-
TABLE OF CONTENTS
LIST OF EXHIBITS AND TABLES
STATEMENT OF COMPLIANCE AND SHORT TITLE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL AREA PLAN
COMMON AREA
PRESERVE AREAS
DEVELOPMENT COMMITMENTS
Page 3
Page 4
Page 5
Page 7
Page 11
Page 15
Page 17
Page 18
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LIST OF EXHIBITS AND TABLES
EXHIBIT A:
PUD MASTER PLAN
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STATEMENT OF COMPLIANCE AND SHORT TITLE
The Walnut Lakes Planned Unit Development (PUD) consists of +/- 204 acres of land located
immediately North of U.S. 41, approximately 3 miles East of Collier Boulevard (C.R. 951) in Collier
County, Florida.
The development of this Project will be in compliance with the planning goals and objectives of Collier
County as set forth in the County's Growth Management Plan. This compliance includes:
The land is located wholly in the Urban Residential Sub-district of the Urban Mixed Use District
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.
The subject property's location in relation to existing or proposed community facilities and
services permits the development's residential density as required in Objective 2 of the Future
Land Use Element.
3. The project development is compatible with and complementary to existing and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
4. The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element.
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The project is planned to incorporate natural systems for water management in accordance with
their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-element
of the Public Facilities Element.
The Urban Residential District allows for a base residential density of 4 units per gross acre less 1
unit per acre because the property is located in the Traffic Congestion Area. This results in a
maximum density of three (3) dwelling units per acre. The project development allows a
maximum of 612 dwelling units on the gross project area of 204 acres, which results in a project
density of 3 units per acre. The projected density is in compliance with the Density Rating
System of the Future Land Use Element of the Growth Management Plan.
The Project meets the intent of the Urban Residential Sub-district of the FLUE in that all the
proposed uses and development standards are in compliance with guidelines as set forth in the
Future Land Use Element.
8. All final local development orders for this Project are subject to the Collier County Adequate
Public Facilities Ordinance.
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1.1
1.2
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of the Walnut Lakes PUD.
LEGAL DESCRIPTION
The subject property being +/- 204 acres, is described as:
O.R. 1203 PG. 1699
THAT PORTION OF THE WEST ONE-HALF OF SECTION 12, TOWNSHIP 51
SOUTH, RANGE 26 EAST, LOCATED NORTH OF US HIGHWAY 41 (TAMIAMI
TRAIL), AND THE WEST ONE-HALF OF THE WEST ONE-HALF OF THE
NORTHWEST ONE-QUARTER OF THE NORTHEAST ONE-QUARTER OF
SECTION 12, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
TOGETHER WITH ALL OF THE UNITS CREATED BY THE DECLARATION OF
CONDOMINIUM OF NAPLES ISLE, A CONDOMINIUM, AS RECORDED IN
OFFICIAL RECORDS BOOK 596, PAGES 254 THROUGH 315, INCLUSIVE OF
THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
AND
THE EAST IA OF THE WEST V2 OF THE NW ¼ OF THE NE ¼ OF SECTION 12,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, EXCEPTING THRE NORTH 30 FEET
THEREOF, WHICH IS RESERVED FOR ROAD PURPOSES, IN COLLIER
COUNTY, FLORIDA.
1.3
PROPERTY OWNERSHIP
The subject property is under the ownership of:
Kenneth P. Saundry, Jr., Trustee
8610 Pebblebrooke Drive
Naples, FL 34119
The applicant is:
Kenneth P. Saundry, Jr., Trustee
8610 Pebblebrooke Drive
Naples, FL 34119
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1.4 GENERAL DESCRIPTION OF PROJECT AREA
1.5
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The project site includes portions of Sectionsl2, Township 51 South, Range 26
East. Generally, the project is located immediately adjacent to and North of U.S.
41, approximately 3 miles East of Collier Boulevard (C.R. 951 ).
The zoning classification of the subject property prior to the date of this approved
PUD document was PUD - Planned Unit Development.
PHYSICAL DESCRIPTION
The project site will consist of a residential subdivision, maintenance facility and
clubhouse. The proposed site utilizes a wet detention lake system for water quality and
quantity storage. The control elevation is proposed as 4.0 feet NGVD. The Project is in
the Henderson Creek Basin, therefore, the control structure will be designed to limit the
project discharge to 0.15 cfs per acre per Collier County Ordinance 90-10 requirements.
The project is within FEMA Zone AE with a base flood elevation of 7.0.
1.6
1.7
PROJECT DESCRIPTION
The Walnut Lakes PUD is a mixed use community that provides for the development of
single family, multi-family and recreational amenities.
SHORT TITLE
This Ordinance shall be known and cited as the "Walnut Lakes Planned Unit
Development Ordinance."
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1
2.2
2.3
PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, and the respective land uses
of the tracts included in the Project, as well as other project relationships.
GENERAL
Regulations for the development of the Walnut Lakes PUD shall be in
accordance with the contents of this document, Planned Unit Development
District and other applicable sections and parts of the Collier County Land
Development Code and Growth Management Plan in effect at the time of
building permit application. Where these regulations fail to provide
developmental standards then the provisions of the most similar district in the
County Land Development Code shall apply.
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Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County Land Development Code in effect at
the time of building permit application.
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All conditions imposed and all graphic material presented depicting restrictions
for the development of the Walnut Lakes PUD shall become part of the
regulations, which govern the manner in which the PUD site may be developed.
Do
Unless modified, waived or excepted by this PUD, the provisions of other
sections of the Land Development Code where applicable, remain in full force
and effect with respect to the development of the land, which comprises this
PUD.
Eo
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities.
DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Project Master Plan, including layout of streets and various land uses for the
project, is illustrated ~aphically by Exhibit "A," PUD Master Development Plan.
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TRACT (S)
Residential
TYPE OF DEVELOPMENT ACREAGE
(RC) Residential, Common Open Space Plan* -+ 128 ac
P Preservation / Open Space / Buffering and _+ 63 ac
Lakes
Roads Rights-of-way _ 13 ac
2.4
TOTAL _+ 204 ac
* Pursuant to Section 2.6.32.2 in residential developments at least sixty (60) percent of
the gross area shall be devoted to open space as defined by this Code. The amount of
open space not included in any development tract is equal to 31%. The balance of 29% of
the open space requirement shall be met from each residential development as they are
platted and or illustrated on approved site development plans. The owner entity shall
monitor this residual open space requirement and shall submit documentation attesting to
same prior to issuance of the first 300 dwelling units, and for each increment of 100
dwelling units thereafter. The current planning manager shall have the discretion to
determine that each increment of 100 dwelling units has added an equivalent amount of
open space so that a disproportionate share of the open space requirement does not fall on
the remaining development tracts. The entire 60% or 122.4 acres of open space shall be
accounted for and approved by the current planning manager prior to issuance of permits
for the first 500 dwelling units. Any change in the amount of open space resulting from
the final design of lakes, preserve tracts and other common open space tracts shall be
accounted for in any consideration of the total open space requirement of 122.4 acres.
Areas illustrated as lakes on Exhibit "A' shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. The Master Development Plan (Exhibit
"A") conceptually illustrates proposed land uses. Minor modification to all lakes
or other interior boundaries may be permitted at the time of preliminary
subdivision plat or site development plan approval, subject to the provisions of
applicable sections 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 on Exhibit "A," such
easements, as necessary (utility) shall be established within or along the various
tracts as may be necessary.
DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 612 residential dwelling units shall be constructed in the total project
area. This includes all single family or multi-family units, each to be considered a single
dwelling unit. The gross project area is +/- 204 acres. The gross project density,
therefore, will be 3 units per acre.
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2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
2.6
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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 insure compliance with the
PUD Master Plan, the Collier County Subdivision Code and the platting laws of
the State of Florida.
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 in effect prior to the issuance of a building
permit or other development order.
Do
The developer of any tract or parcel 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 in effect prior to the submittal of construction plans and a
final plat for any portion of the tract or parcel.
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Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
MODEL HOMES AND SALES FACILITIES
Model homes/model home centers including sales centers shall be permitted in
conjunction with the promotion of the development subject to the following:
One "wet" and four "dry" models may be constructed prior to recording of a plat
for each residential project or phase. Location is limited to future, platted lots.
The project owner must apply for temporary use permits for all models.
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The models permitted as "dry" models must obtain a conditional certificate of
occupancy for model purposes only. The "wet" model may not be occupied until
a permanent certificate of occupancy is issued.
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The "wet" model may be served by a temporary utility system with ultimate
connection to the central system. Interior fire protection facilities in accordance
with NFPA requirements are required unless a permanent water system is
available. A water management plan must be provided which accommodates the
runoff from the model home, parking areas, access road/driveway and other
impervious surfaces. The system shall be designed and constructed so that it is
integrated with the master system for the entire development.
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2.7
2.8
All other regulations pertaining to model homes shall be_ consistent with
applicable sections of the Land Development Code.
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.
ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation 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 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.
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3.1
3.2
3.3
3.4
SECTION III
RESIDENTIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated on Exhibit "A' as (RC) Residential Tracts.
MAXIMUM DWELLING UNITS
The maximum number of residential units allowed within the PUD shall be 612. This
includes single family and multi-family units.
USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Residential single family detached dwelling units.
The clustering or grouping of housing structure types identified in
Section 3.3 of this Document may be permitted on parcels of land under
unified ownership, or as may be otherwise provided in the Collier
County Land Development Code, subject further to the provisions of
Division 3.3 of the Collier County Land Development Code and Table 1
of this Document.
3. Multiple family housing, including two-family structures.
B. Accessory Uses:
1. Customary accessory uses and structures, including private garages.
Common recreational amenities such as tennis courts, swimming pools,
clubhouse facilities, fitness centers, playgrounds, basketball courts,
boardwalks, and similar passive and active recreational facilities.
3. Models and/or a sales center.
DEVELOPMENT STANDARDS
A. General:
All yards and setbacks shall be in relation to the individual parcel boundaries,
except as otherwise provided.
B. Front Yard Setbacks (measurement):
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Front yard setbacks shall be measured as follows:
1. If the parcel is served directly by and is immediately adjacent to a public
right- of- way, the setback will be measured from the right-of-way line.
2. If the parcel is served by a non-platted, private drive, the setback will be
measured from the back of curb or edge of pavement.
3. If the parcel is served by a platted, private drive, then the setback is measured
from the road easement or property line, whichever is more restrictive.
Principal buildings shall be set back a distance sufficient to provide for two
back-to-back parking spaces, one of which may be an enclosed space, the
other of which shall be of sufficient length not to cause an automobile to
encroach into a sidewalk.
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TABLE1
Single Single Single Family
Family Family Multi-Family
Detached Zero Lot Duplex Attached and
Townhouse Dwellings
Line
Category I 2 3 4 6
Minimum Lot 6,000 SF 5,000 SF 3,500 SF *4 3,000 SF *4 20,000 SF
Area
Minimum Lot 45 50 35 30 N/A
Width *5
Front Yard 25 *3 25 *3 25 *3 25 *3 25 *3
Front Yard for
Side Entry 10 10 10 10 10
Garage
Side Yard 6 0 or 6 *6 0 or 6
0 or .5 BH but 0.5 BH not less
not less than 6 than 15
Rear Yard 20 10 20 20
Principal BH
not less than 20
Rear Yard I0 5 10 10 BH not less than 10
Accessory
Maximum 35 35 35 35 50 not to exceed 3
Building habitable stories
Height *2
Distance ~/2 SBH not less
Between 12 12 0 or 12 1/2 SBH but not than 15
Principal less than 12
Structures
Floor Area 1000 SF 1000 SF 1000 SF 1000 SF 750 SF
Min. (S.F.)
Setback from
Preserve Areas
Principal 25' 25' 25' 25' 25'
Structure
Setback from
Preserve Areas
Accessory 10' 10' 10' 10' 10'
structure
BH: Building Height
SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining set back
requirements.
All distances are in feet unless otherwise noted.
Front yards shall be measured as follows:
A. If parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way
line.
B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or
edge of pavement (if nor curbed).
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*1 .- Building height shall be the vertical distance measured from the first habitable finished floor'
elevation to the uppermost finished ceiling elevation of the upper most floor structure or'mid-
point of the ceiling gradient on a cathedral ceiling.
*2- Single-family dwellings which provide for 2 parking spaces within an enclosed garage and provide
for guest parking other than in private driveways may reduce the front yard requirement to ten (10)
feet for the garage and fifteen feet (15) for the remaining structures. Parking structures located in
front of multi-family structures may be located within ten feet (10) of the access drive or street.
*3- Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot
of 7,000 square feet; and 3,000 square feet lot area allocation per dwelling unit for single family
attached and townhouse dwelling units.
*4- Minimum lot width may be reduced to 20 feet as measured along the chord of a cul-de-sac lot and eighty
percent of required frontage at required building setback line provided minimum lot area requirement is
still maintained.
*5. 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
(0') yards may be used on both sides of a structure provided that the opposite twelve foot (12') yard is
provided.
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4.1
4.2
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SECTION IV
COMMON AREA PLAN
PURPOSE
The purpose of this Section is to set forth the development plans and development
standards for areas that are created for the enjoyment of the community. These areas can
exist within RC designated areas on the PUD Master Development Plan, Exhibit "A".
The primary function and purpose of these tracts will be to provide aesthetically pleasing
open areas and recreational opportunities for residents except in areas to be used for
water impoundment and principal or accessory use areas. All natural trees and other
vegetation as practicable shall be protected and preserved.
USES PERMITTED
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:
1. Lakes
2. Open spaces / preserve areas / buffers
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Pedestrian and bicycle paths or boardwalks constructed for purposes of
access to or passage through the common areas and preserves.
Small docks, piers or other such facilities constructed for purposes of
lake recreation for residents of the Project.
Shuffleboard courts, tennis courts, swimming pools, and other types of
facilities intended for outdoor recreation.
Clubhouse with meeting rooms, restaurant, card rooms, health and fitness
facilities, golf accommodations and general-purpose areas for residents
of the Project.
Accessory uses:
Small docks, enclosures or other structures constructed for the purposes
of maintenance, storage, recreation or shelter with appropriate screening
and landscaping.
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4.3 DEVELOPMENT REGULATIONS
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Overall site design shall be harmonious in terms of landscaping, enclosures for
structures, location of access streets and parking areas and location and treatment
of buffer areas.
Principal structures shall be set back a minimum of fifty feet from any abutting
single-family lot line or multifamily development tract abutting any existing
external residential district. A landscaped and maintained buffer shall be
provided.
C. Maximum Height: Any Structure: 35 feet
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Minimum OffStreetParking: As required by Division 2.3 of the Land
Development Code in effect at the time of building permit application.
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5.1
5.2
PURPOSE
SECTION V
PRESERVE AREAS
Preserve Area (P) - The purpose is to preserve viable, naturally functioning habitat and to
promote or improve areas through the planting of native vegetation per the Collier
County Land Development Code.
USES PERMITTED
No building or structure of part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following, subject to regional, state and federal
permits when required:
A. Principal Uses:
1. Open spaces / nature preserves
2. Boardwalks subject to appropriate approvals by permitting agencies.
3. Roadway crossings as noted on Exhibit "A," PUD Master Plan.
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6.1
6.2
6.3
6.4
SECTION VI
DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth specific development commitments for the
development of the Project.
GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plats and all applicable State and local laws, codes and regulations
applicable to the PUD. Except where specifically noted or stated otherwise, the standards
and specifications of Division 3.2 of the Land Development Code shall apply to this
Project even if the land within the PUD is not to be platted. The Developer, his successor
and assigns, shall be responsible for the commitments outlined in this document.
The Developer, his successor or assignee, shall follow the 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.
PUD MASTER PLAN
mo
Exhibit "A," PUD Master Plan illustrates the proposed development and is
conceptual in nature. Proposed tract, lot and land use boundaries or special land
use boundaries shall not be construed to be final and may be varied at any
subsequent approval phase such as final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Land
Development Code, amendments 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 in all
common areas in the project.
SCHEDULE OF DEVELOPMENT / MONITORING REPORT & SUNSET
PROVISION
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The project is proposed to start construction of infrastructure in 2002. Model
homes construction will commence in 2002/2003 with build-out estimated at
seven years.
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The PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
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An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the
Collier County Land Development Code.
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6.5 SUBSTITUTION TO DESIGN STANDARDS FOR SUBDIVISION
6.6
REGULATIONS
Street right-of-way (Section 3.2.8.4.16.5 of the Land Development Code): Roads
within the Project will be designed and built as private roads with no
maintenance responsibility by Collier County. These roads shall have a
minimum right-of-way of 50 feet and pavement width shall be a minimum of 14
feet for one-way traffic and 20 feet for two-way traffic.
Minimum distance for right-of-way from lakes (Section 3.5.7.1.1 of the LDC):
Internal roads that run parallel to water management lakes or detention areas
shall be allowed a setback of less than 50 feet from the top of bank or control
elevation, whichever in greater. Setbacks shall be a minimum of 20 feet unless
appropriate justification can be shown through the use of walls or guardrails to
reduce the setback to as little as 5 feet.
TRANSPORTATION
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All traffic control devices used must be in accordance with the Standards adopted
by the Florida Department of Transportation (FDOT), as required by Florida
Statutes - Chapter 316 Uniform Traffic Control Law.
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.
Go
External and intemal improvements determined by Collier County Transportation
Staff to be essential to the safe ingress and egress to the development will not be
considered for impact fee credits. Said improvements will be in place prior to the
issuance of the first Certificate of Occupancy.
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.
All median openings and driveway locations must be in accordance with the
Land Development Code and Access Management Policy, as amended. Median
access and control will remain under the County's authority. The County
reserves the right to modify or close all median openings that have been
determined by Collier County Transportation Staff to have an adverse effect
relevant to operational circulation, safety conditions, roadway capacity problems
or concerns.
Nothing in any development order will vest the right of access over and above a
right in/right out condition. Neither will the existence, or lack of a future median
opening be the basis for any future cause of action for damages against the
county by the Developer, its successor in title, or assigns.
Interconnection(s) may be required by Collier County Transportation Staff, as a
condition of site development plan approval.
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The Developer shall be responsible for the cost of a traffic signal system at any
development entrance(s), if a traffic signal system is ever determined warranted
and approved by the County. If warranted, upon the completion of the
installation, inspection, bum-in period, and final approval/acceptance of said
traffic signal it will be turned over (for ownership) to Collier County, and will
then be operated and maintained by the Collier County Transportation Operations
Department. Any negotiations relevant to "fair share" payments(s), or
reimbursements(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.
The development will be designed to promote the safe travel of all roadway users
including bicyclists, and will provide for the safety' of pedestrians crossing said
roadways. Bicycle and pedestrian travel ways will be separated from vehicular
traffic in accordance with recognized standards and safe practices, as determined
by Collier County Transportation Staff.
When ingress and egress improvements are determined necessary, right-of-way
and compensating right-of-way will be provided for and in conjunction with said
improvements.
Ko
All work within Collier County right-of-way will meet the requirements of
Collier County Ordinance No. 93-64.
Lo
All internal access ways, drive isles, roadways, not located within the County
right-of-way will be privately maintained by an entity created by the Developer,
its successor or assigns.
6.7
WATER MANAGEMENT
A°
In accordance with the Rules of the South Florida Water Management District
(SF'WMD), Chapters 40E-4 and 40E-40, this Project shall be designed for a
storm event of 3-day duration and 25 year return frequency and shall be reviewed
and permitted by the SF'WMD.
Existing site conditions, and earthen fill constraints resulting from the existing
condition which finds an existing large body of water on the property makes it
preferable that the entire planned system of water management lake be
constructed concurrently with the first phase of infrastmctural improvements
(i.e.plat, streets and utilities). The existing lake and its alteration create
insufficient on-site earth fill to accommodate development of the Project,
consequently, approval of the PUD acknowledges the right of the developer to
excavate water management lakes within areas previously cleared of native
vegetation, concurrent with the first phase of development and to store fill
material from the lakes in previously cleared areas as required by site
development activities.
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6.8 UTILITIES
6.9
6.10
6.11
6.12
A. County water and sewer facilities are available within the right-of-way of US 41.
All facilities extended to the site and which lie in platted rights-of-way shall be
owned and maintained by the Collier County Water/Sewer District. The
facilities, whether owned by the District or privately owned, shall be reviewed
and installed in accordance with the requirements of Collier County Ordinance
No. 97-17 and all federal, state and other existing rules and regulations.
ENGINEERING
Prior to development, platting of the property will be required pursuant to the
Master Plan.
Work within Collier County rights-of-way shall meet the requirements of Collier
County Right-of Way Ordinance No. 93-64
ENVIRONMENTAL
An appropriate portion of the native vegetation shall be retained on-site as
required in the Collier County Land Development Code.
B0
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 final site
plan/construction plan approval. This plan shall include methods and a time
schedule for removal of exotic vegetation within conservation/preservation areas.
LANDSCAPING FOR OFF STREET AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4
of the Collier County Land Development Code in effect at the time of building permit
application except where otherwise noted in this Document.
POLLING PLACES
Pursuant to Section 2.6.30 of the Land Development Code, provisions shall be made for
the future use of a building within the common area of the Project for the purpose of
accommodating an electoral polling place.
An agreement shall be recorded in the official records of the Clerk of the Circuit Court of
Collier County, which shall be binding on any and all successor owners in interest that
acquire ownership of such common areas including, but not limited to, condominium
associations, and homeowners' associations. This agreement shall provide for a common
space sufficient in size to meet the needs of the Supervisor of Elections in providing
space for a polling place.
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6.13 HISTORICAL / ARCHAEOLOGICAL
If during the course of site clearing, excavation or other construction activity, a historic or
archaeological artifact is found, all development within the minimum area necessary to
protect the discovery shall be immediately stopped and the Collier County Code
Enforcement Department contacted as noted in Section 2.2.25.8.1 of the Land
Development Code.
- 22 -
I
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2003-06
Which was adopted by the Board of County Commissioners
on the 28th day of January, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida,
day of February, 2003.
Clerk of Courts, a~l
Ex-officio to ~8~.rd
County Commis ~'o~!~:~{
By: Patricia L-~:>
Deputy Clerk