Ordinance 2003-42] ORDINANCE NO. 03- 4 2
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102
.THE COLLIER COUNTY LAND DEVELOPMENT CODE WH1CII
_
INCLUDES THE COMPREHENSIVE ZONING REGULATIONS;
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA ZONING ATLAS
BY
AMENDING
THE
OFFICIAL
MAP(S) NUMBERED 8609S AND 8609N; BY CItANGING TIlE
ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL ~"
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT :~
DEVELOPMENT KNOWN AS THE PARKLANDS PUD LOCATED
EAST OF QUAIL WEST AND SOUTH OF THE LEE/COLLIER
COUNTY LINE IN SECTION 9, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 635.2
ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 93-43 AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Robert J. Mulhere, of RWA Consulting, Inc., representing Dewey R. Gargiulo,
Trustee, 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, Township
South, Range East, Collier County, Florida, is changed from "PUD" and to "PUD" Planned Unit
Development in accordance with the Parklands PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The Official Zoning Atlas Maps numbered 8609S and 8609N, as
described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby
amended accordingly.
SECTION TWO:
Ordinance number 93-43, known as the Parklands PUD, adopted on July 27, 1993, 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Board of County Commissioners of Collier County is hereby repealed in its entirety.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 q4!x day of ~'~~-~r-, 2003.
ATTES~:I . ... ,5
DWIOHT E. BROCK; CLERK
Approved a's:tO FO~.', .'
~ Le~l~fficiency
Ma0orie M. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIERY' ~,~TDA ·
0
This ordinance filed with the
Se,~cr.~tary of State',s Off~c_e_~the
L,'5 day
and acknowledgement~ of ithat
filina received this ~_..~day
Deputy Clerk
PUDZ/-2003-AR-2357/RB/Io 1.
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
THE PARKLANDS
A PLANNED COMMUNITY
PREPARED BY:
ROBERT J. MULHERE, AICP
RWA, INC.
3050 North Horseshoe Drive, Suite 270
Naples F1 34104
March 2003
Originally approved by B.C.C. September 10, 1985
First Amendment approved by B.C.C. July 27, 1993
Second Amendment approved by B.C.C. q-q- 03
Exhibit A
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION ",/Il
EXHIBIT
EXHIBIT "B"
EXHIBIT "C"
INDEX
GENERAL DEVELOPMENT INFORMATION
PROJECT DEVELOPMENT
RESIDENTIAL" R"
PRESERVE AREAS "P"
COMMONS/RECREATION "C/R"
BUFFERS, PARKS, GREEN BELTS,
UTILITIES, ELEMENTARY SCHOOLS,
ETC. "PF" AND LAKES "L"
GENERAL DEVELOPMENT COMMITMENTS
LIST OF EXHIBITS
CONCEPTUAL MASTER PLAN
SCHOOL SITE DEDICATION CORRESPONDENCE
LOGAN BOULEVARD CONSTRUCTION AGREEMENT
PAGE
1
3
8
12
14
17
18
STATEMENT OF COMPLIANCE
o
The development consists of 635.2 acres of land in Collier County and will be a Planned Unit
Development (PUD) and includes the Collier County portion of the Parklands Development of
Regional Impact (DRI) to be known as the Parklands PUD. The PUD/DRI is consistent with and
furthers the applicable goals, objectives and policies of the Collier County Growth Management
Plan (GMP). The Parklands PUD is a single and multi-family residdntial community with
associated recreational uses, including up to 27 holes of golf. More specifically, the Parklands
PUD is consistent with the Collier County GMP for the following reasons:
The total acreage of the Parklands PUD is 635.2. The maximum number of dwelling
units that may be constructed within the PUD is 1,603. The number of dwelling units per
gross acre is 2.5 units per acre. Net density may vary on a parcel-by-parcel basis,
according to the type of housing placed on each parcel. The gross density of 2.5 dwelling
units per acre is consistent with the Future Land Use Element (FLUE) of the GMP, which
permits up to 4.0 dwelling units per gross acre on lands designated Urban and located
within the Urban Mixed Use District and the Urban Residential Subdistrict. The PUD
Master Plan (Master Plan) has been designed to utilize clustering of the development
tracts and to preserve significant amounts of open space and natural areas, including the
project's participation in, and contribution to the enhancement and completion of the
regional flowway which will convey surface water from the subject project as well as
other nearby and adjacent developments including, among others, Olde Cypress. Mirasol
and Terafina. '
The subject property is designated Urban on the Future Land Use Map (FLUM) and is
located entirely within the Urban Mixed Use District and Urban Residential Subdistrict.
The subject property's location in relation to existing and proposed community facilities
and services is consistent with Objective 2 of the FLUE in that such facilities exist, or are
planned to be developed, concurrent with the project development schedule. Moreover,
due to its locational consistency with the FLUE and proximity to similar existing and
approved projects, the subject project development will result in an efficient and
economical allocation of community facilities and services, as required by Policy 3.1 of
the FLUE.
The development authorized by this PUD is compatible with and complementary to
existing and future land uses as required by Policy 5.4 of the FLUE.
The project's participation in and contribution to the regional flowway will be consistent
with Policy 1.4.2. of the Drainage Sub-Element of the Public Facilities Element of the
GMP, by contributing, along with other nearby and adjacent properties, to the correction
of existing deficiencies and by utilizing innovative (non-public) funding sources to
create/restore the flowway. The regional flowway will protect, enhance and restore the
natural drainage features and groundwater aquifer recharge areas.
SECTION I
GENERAL DEVELOPMENT INFORMATION
1.01 INTRODUCTION AND PURPOSE
It is the intent of Parklands Development, LP; hereinafter called "applicant" or
"developer", to establish and develop a planned unit development (PUD) on
approximately 635.2 acres of property located in Collier County, Florida. It is the
purpose of this Document to provide the required standards and to set forth guidelines for
the future development of the property (only thal portion of the project that is located
within Collier County).
1.02 SHORT TITLE
1.03
The PUD development shall be known and cited as "The Parklands PUD."
LEGAL DESCRIPTION
Section 9, Township 48 South, Range 26 East, Collier County, Florida subject to
easements, restrictions, and reservations of record: containing + 635.2 acres more or less.
1.04 PROPERTY OWNERSHIP
The subject property is owned by Parklands Development, LP.
1.05 GENERAL DESCRIPTION OF THE PROPERTY
1.06
The subject property is located entirely within unincorporated Collier County and is south
of Bonita Beach Road on the Lee/Collier border. The project is bounded on the west by
the Quail West PUD District, on the east by the Mirasol PUD District, and on the south
by the Terafina PUD District. The subject property will be accessible via Bonita Beach
Road. Logan Boulevard Extension, and may be accessible from the planned east/west
Livingston Road and a future extension of Collier Boulevard (CR 951). The subject
property is currently zoned PUD, and is part of the Parklands muhi-jurisdictional DRI.
PROJECT DESCRIPTION
The Parklands PUD is a residential single and multi-family golf course development
currently approved for up to 1,603 dwelling units on 635.2 acres of land. Recreational
and other accessory facilities are anticipated and may be provided in conjunction with the
residential and/or golf course uses. All components of the project, including residential
and recreational uses, signage, and supporting infrastructure are designed to be
harmonious with one another by using common architecture, appropriate screening and
bufi'ering, and by preserving and utilizing native vegetation whenever feasible. The
Page I
Parklands project is committed to participating in the creation of a regional flow-way to
protect and enhance drainage, water quality, aquifer recharge and wildlife habitat, both
on-site and to those portions of the flow-way that are off-site. The PUD also provides for
a significant regional transportation enhancement through right-of-way dedication for
future roadway improvements and through the construction of Logan Boulevard
Extension north from its current terminus to Bonita Beach Road. The PUD provides for
construction of this additional north/south collector in an expedited timeframe with a
completion schedule designed to address the project's impacts to the road network. In
addition, the construction of this north/south collector will help to address the traffic
impacts of other nearby developments.
Page 2
SECTION II
PROJECT DEVELOPMENT
2.01 PURPOSE
2.02
2.03
2.04
The purpose of this Section is to generally describe the plan of the development and
delineate the general conditions that will apply to the project.
GENERAL PLAN OF DEVELOPMENT
mo
The Parklands PUD is a planned community, which includes, but is not limited to,
a mixture of residential housing types, golf course, open space/parks and reserve
areas. Development of the project shall be in accordance with the provisions of
the Parklands DRI Development Order, the PUD Document, and applicable
provisions of the LDC and GMP, including but not limited to, final subdivision
plat, final site development plan (SDP), excavation permit and preliminary work
authorization (PWA), as such regulations may apply.
Bo
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the LDC in effect at the time of building permit application
or application for other final local development order.
Co
Unless modified or excepted by this PUD. the provisions of the LDC, where
applicable, shall remain in full force and effect with respect to development of the
land which comprises this PUD.
Do
All conditions imposed and all graphic material attached hereto depicting
restrictions applicable to the development of the Parklands PUD shall become
part of the regulations that govern the manner in which the PUD may be
developed. -
SITE PLAN APPROVAL
When a site development plan approval is required by this Document or the LDC. the
procedure outlined in Division 3.3 of the LDC shall be Ibllowed.
In the case of multi-family, clustered and zero lot line development, with common
architectural theme, required property development re~oulations may be waived or
reduced provided a SDp is approved in compliance with D}-vision 3.3 of the LDC.
DESCRIPTION OF PROPOSED LAND USES
The following Table is a schedule of the intended land use types, with approximate
acreages and total dwelling units indicated. The conceptual spatial an'angement of these
Page 3
land use types, as shown on Exhibit "A", is depicted on the PUD Master Plan. Minor
changes and variations in design and acreages shall be permitted at the final design phase
to accommodate topography, vegetation and other development or site conditions.
The final size of the recreation and open space areas will depend on the actual
requirements for water management, the final design of the regional flowway, golf course
layout, utilities, roadway patterns and dwelling unit size and configuration. But in no
case shall the open space area fall below that which is required pursuant to LDC, Section
2.6.6.2.2.
APPROXIMATE LAND USE DISTRIBUTION SCHEDULE
Table 1
Land Use Approximate Acres Density/Intensity
School Site 15 Acres N/A
Lakes 96 Acres N/A
Internal Right-of-Way 35 Acres N/A
County Dedicated Right-of-Way 10.6 Acres N/A
Residential 143.2 Acres Maximum 1603 2 Units
Preserve 155.4 Acres N/A
Commons/Recreation Area 180 Acres Maximum 27 Holes
Total 635.2 Acres t N/A
2.05
1. It is understood that the above figures are approximate and subject to change at the final design phase.
2. The total maximum number of dwelling units shall not exceed 1,603. subject to the following conversion table:
UNIT CONVERSION TABLE
Table 2
, ~, ~u,s) : (Du is)
$~n~l~F
1 DU 0.6 DU
Muifi~Fannlv~ ~g 1
: ,, ~.~ ~,~ 1.667 DUs 1.0 DU
1. For every single-family unit permitted in excess of 123 units, the maximum density is reduced by 1.667 units. [1.667 Multi-
Family units convert to one (1.0) single-family unit.]
PROJECT DENSITY
The total acreage of the Parklands PUD is approximately 635.2 acres. The maximum
number of dwelling units to be built on the total acreage is 1,603. The number of
dwelling units per gross acre is approximately 2.5. The density on individual parcels of
land throughout the project may vary according to the type of housing placed on each
parcel of land.
Page 4
2.06 DEVELOPMENT SEQUENCE AND SCHEDULE
2.07
2.08
The applicant has not set "stages" for the development of the property. Since the
property is to be developed over an estimated 20-year time period (4 phases), any
projection of project development can be no more than an estimate based on current
marketing knowledge. The estimate change depending on future economic factors. This
PUD contains schedules and other specific commitments for required transportation
improvements in Section 7. ! 3 of this document.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
Prior to the recordation of a plat, and/or condominium plat for all or part of the
PUD, final construction plans shall receive approval by the applicable Collier
County governmental agency to insure compliance with the PUD Master Plan, the
Collier County LDC, and the applicable laws of the State of Florida.
Exhibit "A," the PUD Master Plan, constitutes the required PUD development
plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision
plat (PSP), 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
depicted on the PUD Master Plan shall be in compliance with Division 3.2 of the
LDC, as applicable, and the applicable laws of the State of Florida.
The applicable provisions of Division 3.3 of the LDC 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.
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 PSP prior to submittal of
construction plans and a final plat for any portion of the tract or parcel.
Easements shall be provided for water management areas, utilities and other
purposes as may be needed. All necessary easements, dedications, or other
instruments shall be granted to insure the continued operation and maintenance of
all service utilities in compliance with applicable regulations in effect at the time
approvals are requested.
MODEL HOMES, SALES AND PROJECT OFFICES
Model homes, sales centers, project offices and other uses and structures including, but
not limited to, viewing platforms, gazebos, pavilions, temporary parking areas, tents, and
signs (in accordance with Division 2.5 of the LDC), shall be permitted under the
applicable provision of the LDC related to the promotion, operations, and administration
of the project, or the sale of real estate within the project. Temporary construction, sales,
and administrative offices for the developer, builders, and their authorized contractors
Page 5
2.09
2.10
and consultants shall be permitted and shall be constructed in accordance with the
appropriate LDC provisions in effect at the time permits are requested.
PROPERTY OWNERS' ASSOCIATION/COMMON AREA MAINTENANCE
One or more property owners' associations shall provide common area maintenance. The
purpose of the property owners' association shall be to provide timely and sustained high
quality common area infrastructure and maintenance under the terms and conditions of
County, state or other jurisdictional agency approval. The property owners' associations,
as applicable, shall be responsible for the operation, maintenance, and management of the
surface water and stormwater management systems serving ~he project, as well as
common preserve areas, subject to provisions set forth in applicable permits from the
Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and
South Florida Water Management District. Nothing herein shall be construed to prevent
the developer from establishing a community development district, which may, in part,
serve some or all of the functions identified herein.
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Parklands PUD,
except in any designated preserve or conservation tracts. General permitted uses include
interim agricultural uses, and those uses which generally serve the developer and
residents of the PUD and typically are part of the common infrastructure or are
community facilities.
A. General Permitted Uses:
Agricultural uses including related accessory uses and structures.
Agricultural uses in any particular area shall be completely terminated
prior to the issuance of any residential building permits for that area.
2. Essential services as provided for in the LDC, Section 2.6.9.1.
o
Water management facilities and related structures, including lakes, with
or without bulkheads or other architectural or structural bank treatments.
Guardhouses, gatehouses, and access control structures (located outside
the Logan Boulevard ROW).
5. Community and neighborhood parks, recreational facilities, and
community centers.
Landscape features including, but not limited to, landscape buffers, berms,
fences and walls in accordance with the provisions in the LDC in effect at
the time permits are requested, unless otherwise specified herein.
Page 6
Development Standards: Unless otherwise set forth herein, the following
development standards shall apply to structures authorized by this Section,
excluding water management and landscape related structures such as fences or
walls:
2.11
2.12
Setback from back of curb or edge of pavement of any road: Fifteen feet
(15'). Guardhouses, gatehouses, and access control structures shall have
no required setback but shall be designed and located such that they do not
cause vehicular stacking onto any public right-of-way.
Setback from exterior property lines and from the Logan Boulevard right-
of-way: 1/2 the height of the structure, with the minimum being 15 feet, as
measured from the edge of pavement.
Minimum distance between structures: Ten feet (10') between unrelated
structures; or five feet (5') between structures that are part of an
architectural unified grouping.
4. Minimum floor area: None required.
5. Minimum lot or parcel area: None required.
Sidewalks, bikepaths, and cartpaths n-my be placed w'ithin required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk,
bikepath, or cartpath.
7,
Standards for parking, landscaping, signs and other uses, where such
standards are not specified herein, are to be in accordance with the LDC
provisions in effect at the time of SDP or final plat approval.
OPEN SPACE REQUIREMENTS
The PUD Master Plan and Approximate Land Use Distribution Schedule identify 431.4
acres of open space in the form of recreational/golf course areas, lakes and preserve
areas. This represents approximately 68% of the project area which exceeds the 60%
open space required by the LDC.
NATIVE VEGETATION RETENTION REQUIREMENTS
A minimum of 25% of the viable naturally functioning native vegetation shall be
preserved.
Page 7
SECTION III
RESIDENTIAL "R"
3.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on
Exhibit "A", Conceptual Master Plan, as Residential.
3.02 MAXIMUM DWELLING UNITS
A maximum number of 1,603 dwelling units may be constructed on all of the residential
parcels. The maximum number of allowable dwelling units shall be reduced by 1.667
dwelling units for each single-family unit constructed in excess of 123 units, resulting in
a maximum allowable number of 1,011 single-family dwelling units.
3.03 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. Single-family detached dwellings.
2. Single-family zero lot line dwellings.
3. Single-family attached and townhouse dwellings.
4. Two-family and duplex dwellings.
5. Multi-family dwellings.
o
Public and private parks, playgrounds, playfields, lakes and commonly
owned open space.
Any other principal use which is comparable in nature with the foregoing
uses, and is approved through the process set forth in the LDC at the time
of the request for such use.
B. Permitted Principal Uses and Structures Requiring Site Plan Approval
All multi-family housing, including villas, clustered development
requesting a reduction in required development standards under a common
architectural theme, townhouses and patio houses.
Page 8
C. Permitted Accessory Uses and Structures
Customary accessory uses and structure, including but not limited to
private garages and swimming pools.
Signs as permitted by the LDC provisions in effect at the time building
permits are requested.
3. Common area recreation and utility facilities.
Any other accessory use which is comparable in nature with the foregoing
uses, and is approved through the process set forth in the LDC at the time
of the request for such use.
3.04 DEVELOPMENT STANDARDS
Table 3 sets forth the development standards for land uses within the "R"
Residential District.
Bo
Site development standards for categories 1 - 5 set forth in Table 3 apply to
platted parcel boundaries.
C All perimeter buffers shall be a minimum of 35 feet in width.
D°
Standards for parking, landscaping, signs, and other uses, where such standards
are not specified herein, shall be in accordance with the applicable LDC
provisions in effect at the time of SDP, final plat, or building permit approval.
Unless otherwise indicated, required yams, building heights, and minimum floor
area apply to principal structures.
E°
Development standards for uses not specifically set forth in Table 3 shall be
established during the SDP approval phase as set forth in Division 3.3 of the LDC
in accordance with the standards for the zoning district which is most similar to
the proposed use.
Off-street parking shall be provided in accordance with the applicable provisions
of the LDC. Off-street parking for multi-family uses shall be accessed by parking
aisles or driveways which are separate from any roads that serve more than one
development. A green space area, not less than ten feet (10') in width as measured
from edge of pavement to edge of pavement, shall be provided between any
parking aisle or driveway and any abutting road.
Go
Single-family patio and zero lot line dwellings are identified separately from
detached single-family dwellings with conventional side yard requirements to
Page 9
distinguish these types of residences for the purposes of applying the development
standards set forth in Table 3.
Ho
Single-family and multi-family housing structure types may not be mixed within
the same development tract.
Parklands Development Standards for Residential "R" Areas*l
Table 3
PERMITTED Single- Two Single- Multi- Commons/
USES AND Family Zero Lot Family & Family Family Recreation
STANDARDS Detached Line Duplex Attached Dwellings Uses
Category 1 2 3 4 5 6
Minimum Lot Area 5,000 SFTM 4,000 SF 3,500 SF'~ 3,500 SF'3 9,000 SF N/A
Minimum Lot 50' 40' 35' 35' 90' N/A
Width'4
Minimum Lot Depth i 00' 100' 100' 100' 100' N/A
Front Yard Setbacks 20''5 20,'5 20,'5 20,,~ 20,,~ 50,9
20,10
Front Yard S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. S.P.S.
Accessory Setbacks
Side Yard Setbacks 6' O, or 10 7.5' 7.5, 15, 25'9
10'10
Side Yard Accessory S.P.S. S.P.S. S.P.S. S.P.S. S.P.S. 20,9
Setbacks 10' 10
Rear Yard Setbacks 15' 15' 15' 15' 15' 509
10,~o
Rear Yard Setbacks 5' 5' 5' 5'
· 6 5' N/A
Rear Yard Accessory 5' 5' 5' 5'
setbacks .6 10' 20'
Maximum Building 2 stories not 2 stories not 2 stories not 2 stories not 4 stories, not 50'
Height.7 to exceed to exceed to exceed to exceed to exceed
35' 35' 35' 35' 65'
Distance Between 10' 10' 10' 10' 20"8 10
Principal &
Accessory Structures
Distance Between 10' 0' or 10' 15' 15' 30' I0
Principal Structures
Floor Area Minimum 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF N/A
Setbacks from 25' 25' 25' 25' 25' 25'
Preserve Areas -
Principal Structures
Setbacks from 10' 10' 10' 10' 10'
Preserve Areas - 10'
Accessory Structures t
S.P.S. - Same as principal structure
*1 Required yards may be reduced for projects employing clustered development techniques with common, architecturally integrated
design features, including but not limited to: landscaping treatments, entryway features, signage, lighting, common recreational facilities, and
other common or complimentary design elements. In no case shall such a reduction of required setback result in a separation between structures
of less than 10 feet.
*2 SF refers to square feet. All other measurements are in linear feet.
*3 3,500 SF of lot area per dwelling unit.
Page 10
*4
*5
*6
*7
*8
*9
*10
Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained.
Front yards shall be measured as follows:
A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line.
B. lfthe parcel is served by a private road, setback is measured from the back of curb or edge of pavement (if not curbed).
C If the parcel has frontage on two sides, the setback is measured from the side with the shortest frontage with the other frontage
designated as a side yard.
Rear yards for princ pal and accessory structures in the "R" residential district, on lots and tracts that abut lakes and open spaces,
including golf courses may be reduced to zero. In the case of rear yards adiacent to lakes, the setback shall be measured from the lake
maintenance easement. '
Building height shall be measured in accordance with the provisions set forth in the LDC at the time of development order approval.
Distance may be reduced to 10 feet for garages for multi-family dwellings.
Applicable only to the golf course clubhouse and maintenance facilities, and only applicable from residential parcels, otherwise no set-
back is required (0'). ~
Applicable to all other recreational buildings not associated with golf course, clubhouse or maintenance facility'. Where such
recreational facilities are adjacent to either a golf course or a lake, no setback is required.
Page 11
SECTION IV
PRESERVE AREAS "P"
4.01 PURPOSE
4.02
4.03
The purpose of this Section is to set forth the regulations for the area designated as
Preserve on Exhibit "A", Master Plan. The primary purpose of the Preserve is to: retain
viable naturally functioning wetlands and upland systems; allow for restoration and
enhancement of impacted or degraded wetland systems; and provide an open space
amenity for the enjoyment of the Parklands PUD residents and, if applicable, the general
public.
GENERAL DESCRIPTION
Areas designated as Preserve on the Master Plan are intended and designed to
accommodate conservation and limited water management uses and functions.
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, subject to local, regional, state and
federal permits when required:
A. Principal Uses
1. - Nature trails including boardwalks;
2. Recreational shelters and rest rooms, in Preserve upland areas;
3 Boat trails;
4 Paths and bridges to provide access from the uplands;
5. Drainage and water management structures;
Parks, passive recreational areas, conservation, and preservation uses,
when approved by the Planning Services Director; and,
Any other use which is comparable in nature with the foregoing uses, and
is approved through the process set forth in the LDC at the time of the
request for such use.
Page 12
4.04
4.05
B. Accessory Uses and Structures:
Accessory uses and structures customarily associated with the uses
permitted in the Preserve Area, including:
a. Landscaping, revegetation and restoration; and,
b. Minimum excavation, when required for restoration or for water
management facilities.
2. Signs as permitted by Division 2.5 of the LDC.
DEVELOPMENT STANDARDS
mo
Setback requirements for all structures shall be in accordance with Subsection
3.2.8.4.7.3, of the LDC, and further subject to the following:
1. Lighting shall be arranged to prevent disturbances to the Preserve Area.
2. Maximum height of structures: Twenty-five (25) feet.
3. Minimum distance between principal structures: Ten (10) feet.
4. Minimum distance between accessory structures: Five (5) feet.
5. Minimum floor area: None required.
6. Minimum lot or parcel area: None required.
PRESERVE CONSERVATION EASEMENT
Subsection 3.2.8.4.7.3, of the LDC, requires a non-exclusive conservation easement for
lands included in the Preserve Area. A non-exclusive conservation easement may also be
required by other regulatory agencies with jurisdiction over Preserve lands. In addition to
complying with the applicable LDC requirements, said easement(s) shall be provided in
accordance with the terms set forth in any applicable permit granted by any other
jurisdictional agency. The developer, its successors or assigns, including the master
property owners' association, shall be responsible for control and maintenance of lands
within the Preserve Area unless another responsible entity is identified.
Where applicable, the conservation easements in the Preserve Area shall provide for
allowance of future permitting and mitigation of any impacted wetlands due to the final
alignment of the Collier Boulevard (C.R. 951) corridor.
Page 13
SECTION V
COMMONS/RECREATION AREA "C/R"
5.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on
Exhibit "A", Master Plan, as Commons/Recreation Area "C/R".
5.02 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. Principal Uses and Structures
1. Golf Courses.
2. Tennis clubs, health spas and other recreational clubs.
3. Water management facilities and lakes.
Golf course and community maintenance areas, maintenance buildings,
utility storage buildings, chemical storage buildings, essential services,
irrigation water and effluent storage tanks and ponds, water and
wastewater treatment plants, utility pumping facilities and pump buildings,
utility and maintenance staff offices.
5. Utility, water management and right-of-way/access easements.
6. Conservation areas/mitigation areas.
Land use and/or landscape buffers, which may or may not be easements
depending upon the buffer use.
Signs, as permitted by the LDC provisions in effect at the time building
permits are requested.
Open space uses and structures including, but not limited to nature trails,
riding trails, fitness trails and shelters, boardwalks, gazebos and picnic
areas.
10.
Pedestrian and bicycle paths, or other similar facilities constructed for
purposes of access to, or passage through the commons area.
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Small docks, piers and the like, constructed for purposes of lake recreation
for residents of the project.
12.
Shuffleboard courts, tennis courts, swimming pools, and other facilities
intended for outdoor recreation.
13. Lake excavations as permitted by Division 3.5 of the LDC.
B. Accessory Uses and Structures
Accessory, incidental and subordinate commercial activities such as, but not
limited to, those provided herein, shall be of such scope and size and proposed
intensity that they are primarily used by the membership of the tennis clubs, golf
courses and clubhouse.
Clubhouses, including temporary clubhouses, pro-shops, snack bars,
practice driving ranges, golf cart barns, restrooms/shelters, and other
customary accessory uses of golf courses, or other recreational facilities.
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Small establishments, including golf and tennis equipment sales, gift
shops, restaurants, cocktail lounges, and similar uses, intended to
exclusively serve patrons of the golf courses or other permitted
recreational facilities, subject to the provisions of the LDC.
Customary accessory uses or structures incidental to recreational areas
and/or facilities, and structures constructed for the purposes of
maintenance, storage, or shelter with appropriate screening and
landscaping.
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Telecommunications facilitates, including but not limited to, digital, fiber
optic, microwave, satellite, UHF, VHF, FM, AM short-wave, and other
sending and receiving facilities and structures, subject to applicable
permitting and written approval by the developer or master homeowners'
association.
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A maximum of two (2) residential units in conjunction with the operation
of the golf courses and determined to be compatible with the adjacent
development by the Planning Services Director provided that the
maximum number of dwelling units for the entire project shall not exceed
1603 residential units.
C. Plan Approval Requirements
If required by the LDC, a SDP for golf courses or for other permitted or accessory
uses in golf course designated areas, shall be submitted in accordance with
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5.03
Section 2.03 of this Document. The perimeter boundaries of the golf course(s)
shall be recorded in the same manner on the subdivision plat.
PROPERTY DEVELOPMENT REGULATIONS
A. General Requirements
Overall site design shall be harmonious in terms of landscaping, enclosure
of structures, location of access streets and parking areas and location and
treatment of buffer areas.
Table 3 sets forth the additional specific development standards applicable
to permitted uses.
Lighting facilities shall be arranged in a manner which will protect
roadways and neighboring properties from direct glare or other
interference.
A site development plan, if required by Division 3.3 of the LDC, shall be
provided. Provided however, uses authorized by a golf course early work
agreement as provided for in the LDC may commence prior to the
approval of a SDP. Use of the golf course and country club shall not
occur until the plat is recorded and all support infrastructure is completed
and preliminary acceptance of the improvements is granted.
B. Signs and Minimum Off-Street Parking
As may be permitted or required by the applicable provisions of the LDC in effect
at the time a building permit is requested.
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SECTION VI
BUFFERS, PARKS, UTILITIES,
ELEMENTARY SCItOOLS, AND OTHER PUBLIC FACILITIES, "PF" AND LAKES
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PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated Public
Facilities "PF" and Lakes "L."
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used. or land or water
uses, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
2.
3.
4.
5.
6.
7.
8.
9.
10.
Biking, hiking, canoeing and nature trails.
Community parks.
Elementary schools.
Nature preserves and wildlife sanctuaries.
Off-street parking areas.
Parks, playgrounds and game courts and fields.
Recreational shelters and restroom facilities.
Water management facilities and lakes.
Wildlife management.
Any other use which is comparable in nature with the tbregoing uses, and
is approved through the process set forth in the LDC at the time of the
request for such use.
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SECTION VII
GENERAL DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the general development commitments for the
project.
GENERAL
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All facilities shall be constructed in accordance with approved final site
development plans and subdivision plats, and all State and local laws, codes, and
regulations applicable to this PUD. Except where specifically noted or stated
otherwise, the standards of the LDC, Division 3.2 shall apply to this project, even
if the land within the PUD is not to be platted. The developer, its successor(s) or
assigns, shall be responsible for the commitments set forth in this PUD.
The developer, its successor(s) or assigns, shall follow the Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications
agreed to as part of the rezoning of the property. In addition, any successor, or
assignee in title, is bound by the commitments within this Document.
The developer shall obtain and utilize all available on-site fill needed for the
Logan Boulevard Extension and for the project's fill needs prior to hauling in any
fill from off-site locations. In addition, should it be necessary to haul in fill form
off-site, fill trucks shall access the site from Bonita Beach Road. In order to
facilitate the maximum utilization of on-site fill, the County shall administratively
and expeditiously review and permit revisions to the lake configuration depicted
on the PUD Master Plan, including additional and/or larger and deeper lakes (in
accordance with SFWMD requirements) so as to maximize the amount of on-site
fill the can be generated for the Logan Boulevard Extension.
The developer shall maintain a water truck on the development site during
construction of the Logan Boulevard Extension and shall utilize all prudent means
to minimize the generation of construction related dust.
Construction hours are limited to Monday through Saturday - 7:00 AM to 6:00
PM.
General public use of the Logan Boulevard Extension is prohibited until the
roadway improvements are complete and the roadway has been inspected by the
County and the County has granted preliminarily acceptance of the roadway.
The developer will expedite permitting of a project construction access from
Bonita Beach Road in order to allow project construction traffic from Lee County
to access the project form Bonita Beach Road.
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7.04
PUD MASTER PLAN
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The proposed Master Plan illustrates the intended development scheme, including
uses and locations of certain facilities, and is conceptual in nature, subject to the
provisions of LDC, Section 2.7.3.5, PUD amendments may be made from time to
time.
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All necessary easements, dedications, or other instruments shall be granted to
insure continued operation and maintenance of all service utilities and all
common areas in the PUD.
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The following shall be considered minor changes and refinements, subject to the
limitations of Section 5.03 of this PUD Document:
Proposed tract, lot, parcel or land use boundaries on the Master Plan shall
not be construed to be specific or exact within the PUD Zoning District
and may be adjusted during the plat or final site development plan
approval process.
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Minor design changes, such as but not limited to, locations of buildings,
distribution of dwelling units, and building types, shall be permitted
subject to the Planning Services Department approval.
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Due to the complexity of creating and permitting the regional flow-way
which may, in part, incorporate areas of the southern and eastern portions
of the project, reconfiguration of the Preserve Area, jurisdictional xvetland
limits and mitigation features implemented and permitted as a result of
regulatory agency review.
Reconfiguration of lakes, ponds, canals, or other water management
facilities, where such changes are consistent with, or necessary to meet the
permitting requirements of the South Florida Water Management District
and/or Collier County, and where there are no further encroachments into
the Preserve Area.
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Realignment of internal rights-of-way other than a relocation of access
points to the PUD.
SCHEDULE OF DEVELOPMENT AND MONITORING REPORTS
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Commencement of construction of the Parklands PUD is anticipated in calendar
year 2004.
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Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the LDC. The monitoring report must be in the form of an
affidavit and be executed by the property owner(s) or their authorized agent.
POLLING PLACES
Pursuant to Section 2.6.30 of the LDC, provision shall be made for the future use of
space within a common building for the purpose of accommodating the function of an
electoral polling place.
An agreement between the Supervisor of Elections and the developer, its.successor(s) or
assigns, for such accommodation shall be recorded in the Official Records of the Clerk of
the Circuit Court of Collier County, which shall be binding upon any and all successors,
or assigns of the developer that acquire ownership of such common areas, including, but
not limited to, condominium associations, homeowners' associations. Such agreement
shall include provisions for community/recreation facilities, public buildings, public
rooms, or similar common facilities to be used for a polling place, if deemed necessary
by the Collier County Supervisor of Elections.
SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS
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LDC, Subsection 3.2.8.3.17: Sidewalks/bicycle paths shall conform to the
provisions of this Subsection, except that sidewalks shall only be required on one
side of the street in the case of single-family cul-de-sac rights-of-way.
LDC, Subsection 3.2.8.3.19: Street name markers and traffic devices shall be
approved by the County Engineer. Conformance -with the
U.S.D.O.T.F.H.W.A.M.U.T.C.D. is waived. Street pavement painting,
requirements for striping and reflective edging on secondary road systems and
reflective edging main road system shall be waived. Traffic circulation signage
shall be in conformance with U.S.D.O.T.F.tt.W.A.M.U.T.C.D. standards.
LDC, Subsection 3.2.8.3.24 and Subsection 3.2.8.4.21: The requirement for blank
utility casing installations shall be waived.
LDC, Subsection 3.2.8.4.10: The standard that PRMs be installed in a typical
water valve cover shall be waived subject to monumentation being installed in
accordance with Chapter 177, Florida Statutes.
LDC, Subsection 3.2.8.4.16.5. All cul-de-sacs and local streets, whether more or
less than 1,000 feet in length, are required to have a minimum forty (40) foot
right-of-way width and two ten-foot wide travel lanes.
LDC, Subsection 3.2.8.4.16.6: Cul-de-sacs may exceed the maximum 1,000-foot
length requirement, and the required radii at cul-de-sacs shall be 55 feet.
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LDC, Subsection 3.2.8.4.16.8: Back of curb radii at street intersections shall be a
minimum of thirty (30) feet, except at project entrance intersections where the
radii shall be forty (40) feet.
LDC, Subsection 3.2.8.4.16.9: The minimum 75-foot tangent standard at
intersections may be reduced subject to a certified traffic analysis based upon
design speed, site distance, and adequate recovery zone.
LDC, Subsection 3.2.8.4.16.10: The requirement for tangents between street
curves shall be waived.
J. LDC, Subsection 3.2.8.16.14: Street grades may exceed the four percent (4%)
maximum provided that the applicable Florida Department of Transportation,·
Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria
are met.
ENVIRONMENTAL CONSIDERATIONS - "' .t
If, during the course of site clearing, excavation, or other constructional activities,
an archaeological or historical site, artifact, or other indicator is discovered, all
development at that location shall be immediately stopped and the Code
Enforcement Department notified. Development will be suspended for a
sufficient length of time to enable the Site Deveaopment.P-tanReview Department,
or a designated consultant, to access the find and determine the proper course of
action in regard to its salvageability. The Code Enforcement Department will
respond to any such notification in a timely and efficient manner so as to provide
only a minimal interruption to any constructional activities.
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit (ERP) Rules and further subject to any review
and approval pursuant to the LDC by Collier County Planning Department
Environmental Services Staff. Removal of exotic vegetation shall not be the sole
mitigation method for impacts to jurisdictional wetlands.
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 except where natural buffers
are not possible or not feasible, as determined by Environmental Services Staff.
In this event, only structural buffers shall be required and shall be constructed in
accordance with the State of Florida Environmental Resources Permit (ERP)
Rules and shall be subject to review and approval by Environmental Services
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 Environmental Services Staff for review and approval prior to any final
plan/construction plan approval. A schedule for exotic removal within all
preservation areas shall be submitted with the above-referenced plan.
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This development shall comply with the guidelines and recommendations of the
U.S. Fish and Wildlife Services (USFWS) and the Florida Fish and Wildlife
Conservation Commission (FFWCC) regarding potential impacts to protected
species on-site. Should the environmental analysis of the site indicate the
presence of, or critical habitat for, protected species, a Habitat Management Plan
for these protected species shall be submitted to Environmental Services Staff for
review and approval.
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 in accordance with Section 704.06 of Florida Statutes.
WATER MANAGEMENT, LAKES, AND ENGINEERING
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Except as specified herein, this project is required to meet all County ordinances
applicable to water management facilities and lakes in effect at the time final
construction documents are submitted for development approval.
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Design and construction of all improvements shall be subject to compliance with
applicable provisions of Division 3.2 of the LDC.
Prior to final SDP approval, right-of-way permits shall be required, as applicable.
No construction permits shall be issued unless and until approval of said plans is
granted by the Engineering Services Department.
If applicable, an excavation permit will be required for the proposed lakes in
accordance with Division 3.5 of the LDC.
Lake Setbacks:
1. All lake setbacks shall be measured from the lake maintenance easement.
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There is no required setback to any internal property line or tract line for
the Parklands PUD, except as required in the LDC for jurisdictional
wetlands.
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The minimum setback to any intemal right-of-way, or road access
easement shall be twenty (20) feet.
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The minimum setback to right-of-way, road access easement, or external
property line, including those adjacent to the Logan Boulevard Extension,
may be twenty (20) feet if the right-of-way roadway access easement, or
external property line is properly protected in the vicinity of the lake.
Lakes may be excavated to a depth of twenty (20) feet, or deeper, if permitted by
SFWMD. The County shall administratively and expeditiously review and permit
revisions to the lake configuration depicted on the PUD master plan, including
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additional and/or larger and deeper lakes (in accordance with SFWMD
requirements) so as to maximize the amount of on-site fill the can be generated
for the Logan Boulevard Extension, internal roads and infrastructure, and
development pads.
H. Lake Slopes:
Upon the approval of the Engineering Services Department Director, slope
reduction shall be allowed for a maximum of 40% of the lake perimeter where
vertical bulkheads, rock walls, rip rap or other slope protection measures are
provided. Compensating littoral zones shall be provided where slope reduction is
used on the lake perimeter. No compensating littoral zones shall be required
where slope reduction measures are used on islands within the lakes.
ACCESSORY STRUCTURES
Accessory structures shall be constructed simultaneously with, or following, the
construction of the principal structure, except that temporary sales facilities, trailers,
marketing facilities, contractors' and builders' storage and office facilities and the like.
may be utilized during the period of project development and marketing consistent with
applicable requirements of the LDC. Such temporary buildings shall be removed upon
completion of the marketing or construction activity to which they are accessory.
BUFFER/LANDSCAPE DEVELOPMENT REGULATIONS
A. Buffer Types:
Land use buffers shall be in the form of an easement generally located
along the project's perimeter, intended to protect residential land uses
from possible impacts from adjacent off-site roadways and/or off-site land
uses. Land use buffers may be utilized within project boundaries at the
discretion of the developer. Land use buffers may be in the form of
vegetation, and/or earthen berms and/or fences or walls.
Land use buffers, berms, fences and walls may be constructed along the
project perimeter boundary prior to subdivision platting and site
development plan submittal. All such areas shall be included in a
landscape or buffer easement on the final plat or in a separate recorded
instrument. Landscape plans shall be submitted to the Planning Services
Department for approval prior to berm construction. Such plans shall
include details on how buffer vegetation will be irrigated.
B. Buffer Standards:
Trees and shrubs shall be planted along the base 'of the berm so as to
visually soften the appearance of the berm.
2. Trees shall be a minimum of 75% native species.
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3. Shrubs shall be a minimum of 35% native species.
Perimeter fences or walls may be developed up to eight (8) feet above the
average finished ground level adjacent to the fence or wall.
C. Berm Standards:
1. Minimum Side Slopes for Berms:
a. Grassed berms 4:1.
b. Landscape berms 3:1.
c. Rip-Rap 2:1.
d. Structural walled berms may be vertical.
e. Required buffer planting area 4:1.
Height of Landscape Berms and Depth of Swales: A 4:1 slope shall be
required for berms and swales except under the following conditions:
The maximum height of a berm shall be four (4) feet, as measured
from existing grade, if a 3:1 slope is utilized and the berm is
landscaped. The maximum depth of a swale shall be four (4) feet,
as measured from existing grade, if a 3:1 landscape slope is
utilized.
A 3:1 slope is also permitted if the height of a slope is two (2) feet
in height, or less, or if the open channel is two (2) feet in height, or
less.
3. Fences or Wall Height:
The maximum height for all walls and fences around the perimeter of the
development shall be eight (8) feet above finished ground level. All other
walls and fences within the development shall conform to the LDC
requirements.
PROVISIONS FOR REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stockpiling in preparation of water
management facilities or other water bodies is permitted throughout the site excluding
preservation and conservation areas. If it is demonstrated that fill activities on the
buildable portions of the project site are such that there is a surplus of earthen material,
then its off-site disposal is permitted subject to the following conditions:
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Excavation activities shall comply with the definition of a "development
excavation" set forth in Division 3.5 of the LDC, whereby off-site removal shall
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be limited to ten (10%) percent (to a maximum of 20,000 cubic yards) of the total
volume excavated unless a commercial excavation permit is received.
B. All other provisions of the LDC, Division 3.5, are applicable.
PARKS AND OPEN SPACE
The developer shall donate to the County a 7.23-acre site for use as a
neighborhood park, or shall make payment in lieu thereof. In the event that a park
site is dedicated, or the developer makes payments in lieu of such dedication,
impact fee credits shall be granted as provided for by the applicable impact fee
ordinance and LDC Section 2.2.20.3.7. The site is intended to be located in the
vicinity of the elementary school site.
TRANSPORTATION
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All traffic control devices and design criteria used shall be in accordance with the
Minimum Standards as amended and as adopted by the Florida Department of
Transportation (FDOT), as required by Florida Statutes Chapter 316, the
Uniform Traffic Control Law.
All traffic speed limit postings shall be in accordance with the minimum standards
as amended and as adopted by the FDOT, as required by Florida Statutes -
Chapter 316, of the Uniform Traffic Control Law.
Arterial level street lighting shall 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 (CO).
External and internal improvements determined by Collier County Transportation
Staff to be essential to the safe ingress and egress to the development shall not be
considered for impact fee credits. All such improvements shall be in place prior
to the issuance of the first permanent CO, unless a phased construction schedule is
approved. Public use of the Logan Boulevard Extension is prohibited until the
roadway improvements are completed, the roadway has been inspected by the
County, and the County has granted preliminarily acceptance of the roadway.
Road impact fees shall be paid in accordance with Collier County Ordinance 01-
13, as amended.
Any and all points of ingress and egress as shown on any and all plan
submittal(s), are conceptual in nature and subject to change as determined by
Collier County Transportation Staff.
Any and all median opening locations shall be in accordance with the Collier
County Access Management Policy, as amended, and LDC, as amended. Median
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access and control will remain under Collier County Transportation Staff
authority. Collier County Transportation Staff reserves the right to modify or
close any median opening(s) determined to have an adverse effect 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.
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 a point of ingress, egress
and/or median opening, nor the lack thereof, 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 shall be designed to promote the safe travel of all users
including pedestrians and bicyclists. Pedestrian and bicycle travel ways shall be
separated from vehicular traffic in accordance with recognized standards and safe
practices as determined by Collier County Transportation Staff.
The developer(s), its successor(s) in title, or assignee(s), shall be responsible for
the cost of any and all traffic signal(s), at any and all development entrance(s),
along the Logan Boulevard Extension located within the Parklands PUD project
and at the intersection of the Logan Boulevard Extension at Immokalee Road
when determined warranted and approved by Collier County Transportation Staff.
When warranted, upon the completion of the installation, inspection, bum-in
period, and final approval/acceptance of any and all traffic signal(s), said traffic
signal(s) shall be turned over (for ownership) to Collier County, and shall then be
operated and maintained by the Collier County Transportation Operations
Department. Any negotiations relevant to "fair share" payment(s), or
reimbursement(s), from any and all other neighboring property owner(s), that
directly benefit from said traffic signal(s), shall be determined based upon
percentage of usage/impact.
The developer shall 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 CO. Said
improvements are considered site related, and therefore, do not qualify for impact
fee credits. When said turn lane improvement(s), whether left tum lane(s) and/or
right turn lane(s), are determined to be necessary, right-of-way and/or
compensating right-of-way, shall be provided in conjunction with said
improvement(s), as determined by the Collier County Transportation Staff.
All work within Collier County right-of-way shall meet the requirements of
Collier County Ordinance No. 93-64.
All internal access(es), drive aisle(s), and sidewalk(s) not located within County
right-of-way, will be privately maintained by an entity created by the developer,
its successor(s) in title, or assignee(s).
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Joint/shared access(es) may be required by Collier County Transportation Staff as
a condition of site development plan SDP approval.
Frontage, midpoint and/or reverse frontage (backside) interconnection(s) ma3' be
required by Collier County Transportation Staff as a condition of SDP approval.
SDP approval shall be obtained prior to development of any and all portions(s) of
any and all development(s).
If a gate is proposed at any and/or all development entrance(s) the gate, or gates
shall be designed so as not to cause vehicles to be backed-up onto any and all
adjacent roadways. To ensure this condition, the following shall be the minimum
requirements provided:
The minimum throat depth from the nearest intersecting roadway edge of
pavement shall be no less than 100 feet to the key pad/phone box for the
proposed gate(s).
A turn-around area of sufficient width and inside turning radii shall be
provided between the key pad/phone box and the proposed gate(s).
The developer, its successors or assigns, shall dedicate 75 feet along the eastern
boundary of the project to the County for use as future right-of-way. The
dedication shall be made within 90 days of request by the County. The valuation
of the dedicated parcel shall be as set forth in Subsection 2.2.20.3.7. of the LDC.
The developer shall construct a two (2) lane road, known as Logan Boulevard
Extension, extending from the present terminus of Logan Boulevard at the Olde
Cypress development on Immokalee Road and north through the Parklands PUD,
connecting to Bonita Beach Road. The design and timing for the construction of
Logan Boulevard Extension are set forth in the Exhibit "C" attached hereto and
made a part of this PUD Document.
The petitioner shall reserve a 45-foot wide strip for right-of-way purposes along
the southern project boundary line. In the event that such reservation is needed
for the construction of an east-west collector roadway, the developer, its
successors, or assigns, shall dedicate said land at no cost to the County. The
developer shall provide a warranty deed in fee simple title to the County within 90
days of request of the County pursuant to the timeframes set forth in the County
Long Range Transportation Needs Plan.
The total net external project trip generation rate is limited to 1,056 vehicle trips
during the weekday P.M. peak hour condition. Single family units may be
converted to multi-family units and vice versa as indicated in the Unit Conversion
Table in Section 2.04 of this Document only if the cumulative weekday P.M. peak
hour net external trip generation rate does not exceed 1,056 vehicle trips.
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In order to ensure pedestrian and vehicular safety, the southerly project access
point off of the proposed Logan Boulevard Extension shall be shifted to the West
to improve visibility. The exact location of this access point shall be determined
at the time of the preliminary subdivision platting process.
IMPACT FEES
Should impact fees, or other methods of payment be required, then the developer shall
either be exempt or given an impact fee credit from having to make such payment, if
donations or payments referenced herein have been made.
UTILITIES
A. Water and Sewer
Water distribution and sewage collection and transmission systems will be
constructed throughout the project development by the developer pursuant
to all applicable requirements of Collier County and the State of Florida at
the time of permitting. Water and sewer facilities constructed within
platted rights-of-way or within utility easements required by the County
shall be conveyed to the County for ownership, operation and maintenance
purposes. All water and sewer facilities constructed on private property
and not required by the County to be located within utility easements shall
be owned, operated and maintained by the developer, its assigns or
successors. Upon completion of construction of the water and sewer
facilities within the project, the facilities will be tested to insure they meet
Collier County's minimum requirements at which time they will be
conveyed or transferred to the County, when required by the Public
Utilities Division, pursuant to appropriate County ordinances and
Regulations in effect at the time conveyance or transfer is requested, prior
to being placed into service.
All construction plans and technical specifications and proposed plats, if
applicable, for the proposed water distribution and sewage collection and
transmission facilities must be reviewed and approved by the Public
Utilities Division prior to commencement of construction.
All customers connecting to the water distribution and sewage collection
facilities will be customers of the County and will be billed by the County
in accordance with Florida Public Service Commission approved rates.
Should the County not be in a position to provide water and/or sewer
service to the project, the water and/or sewer customers shall be customers
of the interim utility established to serve the project until the County's off-
site water and/or sewer facilities are available to serve the project.
It is anticipated that the Public Utilities Division will ultimately supply
potable water facilities and/or interim on-site sewage treatment and
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It is anticipated that the Public Utilities Division will ultimately supply
potable water facilities and/or interim on-site sewage treatment' and
disposal facilities adequate to meet all requirements of the appropriate
regulatory agencies.
An agreement shall be entered into between the County and the developer,
binding on the developer, its assigns or successors, legally acceptable to
the County, prior to the approval of construction documents for the
proposed project, stating that:
ao
The proposed water supply and on-site treatment facilities and/or
on-site wastewater treatment and disposal facilities, if required, are
to be constructed as part of the proposed project and must be
regarded as interim; they shall be constructed to State and Federal
standards and are to be owned, operated and maintained by the
developer, its assigns or successors, until such time as the County's
off-site water facilities and/or off-site sewer facilities are available
to service the project. The interim treatment facilities shall supply
services only to those lands owned by the developer and approved
by the County for development. The utility facility(ies) may not be
expanded to provide water and/or sewer service outside the
development boundary approved by the County without the written
consent of the County.
Upon connection to the County's off-site water facilities, and/or
sewer facilities, the developer, its assigns or successors shall
abandon, dismantle and remove from the site the interim water
and/or sewage treatment facility and discontinue use of the water
supply source, if applicable, in a manner consistent with State of
Florida standards. All work related to this activity shall be
performed at no cost to the County.
Connection to the County's off-site water and/or sewer facilities,
when available along CR 846 (Immokalee Road), will be made by
the developer, its assigns or successors at no cost to the County
within 270 days after such facilities become available and legal
access is available. The cost of connection shall include, but not
be limited to, all engineering design and preparation of
construction documents, permitting, modification or refitting of
sewage pumping facilities, interconnection with County off-site
facilities, water and/or sewer lines necessary to make the
connections(s), etc. The developer may share these expenses with
other users, if applicable, or if the developer finds more than its
proportionate share of these costs, then the County shall collect
and reimburse the developer when other users connect (on a
proportionate basis) to the system.
Page 29
eo
go
and/or sewer facilities shall be conveyed to the County pursuant to
appropriate County Ordinances and Regulations in effect at' the
time:
All water and/or sewer facilities constructed in publicly
owned right-of-way or within utility easements required by
the County within the project limits and those additional
facilities required to make connection with the County's off-
site water and/or sewer facilities; or,
All water and sewer facilities required to connect the project
to the County's off-site water and/or sewer facilities when
the on-site water and/or sewer facilities are constructed on
private property and not required by the County to be
located within utility easements, including but not limited to
the following:
ao
Main sewage lift station and force main
interconnecting with the County sewer facilities
including all utility easements necessary;
bo
If applicable, water distribution facilities from the
point of connection with the County's water
facilities to the master water meter serving the
project including all utility easements necessary.
The customers served on an interim basis by the utility system
constructed by the developer shall become customers of the
County at the time when County off-site water and/or sewer
facilities are available to serve the project and such connection is
made. Prior to connection of the project to the County's off-site
water and/or sewer facilities the developer, its assigns, or
successors shall turn over to the County a complete list of the
customers served by the interim utility system and shall not
compete with the County for the service of those customers. The
developer shall also provide the County with a detailed inventory
of the facilities served within the project and the entity which will
be responsible for the water and/or sewer service billing for the
project.
All construction plans and technical specifications related to
connections to the County's off-site water and/or sewer facilities
will be submitted to the Public Utilities Division for review and
approval prior to commencement of construction.
The developer, its assigns or successors shall pay all system
development charges in effect at the time that building permits are
Page 30
Co
Do
go
The developer, its assigns or successors shall pay all system
development charges in effect at the time that building permits are
required pursuant to appropriate County ordinances and
regulations in effect at the time of building permit request. This
requirement shall be made known to all prospective buyers of
properties for which building permits will be required prior to the
start of building construction.
ho
The County will lease to the developer for operation and
maintenance the water distribution and/or sewage collection and
transmission system lbr the sum of $10.00 per year, when such
system is not connected to the off-site water and/or sewer facilities
owned and operated by the County. Terms of the lease shall be
determined upon completion of the proposed utility construction
and prior to activation of the water supply, treatment and
distribution facilities and/or the sewage collection, transmission
and treatment facilities. The lease, if required, shall remain in
effect until the County can provide water and/or sewer service
through its off-site facilities or until such time that bulk rate water
and/or sewer service through its off-site facilities or until such time
that bulk rate water and/or sewer service agreements are negotiated
with the interim utility system serving the project.
Data required under County Ordinance No. 91-102, as amended, or other
applicable ordinances showing the availability of sewage service must be
submitted and approved by the Public Utilities Division prior to approval of the
construction documents for the project.
If an interim on-site or off-site water supply, treatment and transmission facility is
utilized to serve the proposed project, it must be properly sized to supply average
and peak day domestic demand, in addition to fire flow demand at a rate approved
by the appropriate Fire Control District, for the phase under development. A
detailed design report verifying the plant capacities must be submitted to the
Public Utilities Division with the construction documents.
Water and sewer service shall be provided to the project pursuant to the following
requirements:
Water
The Lee County portion of the project shall be supplied by a system located
within Lee County. Water service shall not extend across County lines unless
authorized in writing by Collier County. The Collier County portion of the
project shall be supplied from the facilities within the County, if available, or
from an interim on-site or off-site water supply and treatment facility tbund t° be
acceptable to the County.
Page 31
Eo
Fo
An interim sewage treatment and disposal facility located in Collier County may
provide service to the part of the project in Collier County and may provide
service to the entire project. If the facility is utilized to provide service to the part
of the project in Lee County, the sewage collection and transmission facilities
located in Lee County which would contribute sewage flow to this facility shall
be owned, operated and maintained by the developer, its assigns, successors or
other entity acceptable to Collier County. If the use of a single treatment and
disposal facility is unacceptable to Collier County, two (2) separate sewage
treatment facilities, one (1) in each County, shall be constructed to serve the
project.
Any joint method of sewer service to the Parklands project shall be found to be
mutually agreeable by adopted resolution of the Boards of County Commissioners
of Lee and Collier Counties prior to respective construction document review by
the Public Utilities Division.
When the County has the ability to provide treatment and disposal and/or water
supply and distribution services, the developer, its assigns or successors shall be
responsible to connect to these facilities at a point to be mutually agreed upon by
the County and the Parklands developer, with the Parklands assuming all costs for
the connection work to be performed.
The developer, its assigns or successors shall negotiate in good faith with the
County for the use of treated sewage effluent within the project limits, for
irrigation purposes. The developer shall be responsible for providing all on-site
piping and pumping facilities from the County's point of delivery to the project
and negotiate with the County to provide full or partial on-site storage facilities,
as required by the DEP, consistent with the volume of treated wastewater to be
utilized.
If shown to be necessary to serve the project by the County, a water storage tank
and re-pump site shall be provided by the developer on-site of a size and location
to be mutually agreeable to the County and the developer. If necessary to serve
the project on an interim basis, the developer may be required to install a water
storage tank on-site if County water facilities are not available at the time
development commences. Should the County require that these facilities be
oversized, in anticipation of future demand and growth, the County shall negotiate
a satisfactory method of reimbursement to the developer for such oversizing.
Construction and ownership of the water and sewer facilities, including any
proposed interim water and/or sewage treatment facilities, shall be in compliance
with all applicable County Public Utilities Division standards, policies,
ordinances in effect at the time construction approval is requested.
Prior to approval of construction documents by the Public Utilities Division, the
developer shall present verification, pursuant to Chapter 367, Florida Statutes,
that the Florida Public Service Commission has granted territorial rights to the
Page 32
7.16
7.17
developer to provide sewer and/or water service to the project until the County
can provide these services.
Detailed hydraulic design reports' covering the water distribution and sewage
collection and transmission systems to serve the project must be submitted with
the construction documents for the project. The report shall list all design
assumptions, demand rates and other factors pertinent to the system under
consideration.
Ko
The developer shall contribute its fair share of the cost of installing a sewer
transmission line from the project to any acceptable off-site sewer treatment plant
facility and return (treated effluent) transmission line from such an off-site
treatment plant facility to the project.
The County shall cooperate and assist in securing all needed off-site easements.
The details of this item shall be mutually agreed upon between the developer and
the County at a later date.
ELEMENTARY SCHOOL SITE
In accordance with PUD Exhibit "B," the developer, or its successors or assigns~ agrees
to provide to the Collier County School Board a school site in the location depicted on
the PUD Master Plan. Fifteen (15) acres of this site will be donated by the developer. At
this location, 5 additional acres in an amount up to a total of 20 acres (inclusive of the 15
acre donation) may be purchased by the school board at fair market value. The petitioner,
or his successors or assigns:
Will convey the fee simple title for the school site to the School Board prior to
the commencement of construction, or within 90 days of request by the
School Board.
Upon agreement by the Parklands and the Collier County School Board, the
location of the school site may be modified. Alternatively, the Collier County
School Board may elect to waive the school site dedication requirement, in
which case the Parklands shall be obligated to pay school impact fees in
accord with the applicable School Impact Fee Ordinance. In the event that a
school site is dedicated by the Parklands, impact fee credits shall be granted to
the Parklands for that portion of the school site that has been dedicated, as
provided for by the applicable impact fee ordinance.
FIRE PROTECTION
The developer shall donate/make cash payments to the North Naples Fire Control District
as per agreement approved by the North Naples Fire Control District Board on August
14, 1985. In the event that such a donation/cash payment is made by the Parklands
developer, impact fee credits shall be granted to the developer as provided for by the
applicable impact fee ordinance.
Page 33
7.18
The Parklands DRI was approved prior to the adoption of the Collier County GMP and
continues to be vested for consistency and concurrency in accordance with SeCtion
163.3178 (8), Florida Statutes, and is exempt from any transportation related moratoria.
Nothing herein shall be construed as limiting or modifying the vested rights of the
Parklands development.
Page 34
MiRASOL PUD
r
QUAIL WEST PUD
.//.,~trict Schoo/~',x
FACILITIES PLANNING AND CONSTRUCTION
5775 Osceola Trail
Naples, FL 34109
(941) 254-4395
Fax: (941) 254-4390
September 9, 2003
Charles J. Basinait
Henderson Franklin Attorneys at Law
P.O. Box 280
Fort Myers, FL 33902
Re: Parklands DRI/Ronto Development
Dear Mr. Basinait:
This letter is offered in support of the Parkland Project referenced above. We appreciate the
commitment for a 20 acre school site at the southwest comer of the project. Further, we agree
that the additional five acres requested over and above the 15 acres required of the project would
be purchased by us at fair market value.
It is our understanding from your letter dated May 20' 2003, that Ronto is willing to move the
main entryway for their project to a point directly across from the school site so as to
accommodate easy access to the school by the children of the Ronto residents. It is our
understanding, as well, that the cost of the signalization will be our responsibility.
Thank you for your coordination with Collier County Public Schools. We look forward to
working with you as you plan the community of Parklands.
Sincerely,
Please call me at 254-4381 if you have any questions.
Sincerely,
Micha~q Kirk, Director
Facilities Planning and Construction
Exhibit "B"
THE DISTRICT SCHOOL BOARD OF COLLIER COUNTY IS AN EQUAL ACCESS/EQUAL OPPORTUNITY
INSTITUTION FOR EDUCATION AND EMPLOYMENT.
Questions or complaints regarding the Americans with Disabilities Act or Section 504 of the Rehabilitation Act of 1973 may be addressed to the
Coordinator of Psychological Services at the Office of Stodent Services, 3710 Estey Ave., Naples, FL 34104.
Exhibit "C"
Logan Boulevard Construction Schedule
The developer, or his successors or assigns do herby agree to construct Logan Boulevard
extension from its preset terminus at Old Cypress PUD (north of Immokalee Road) north
to and through the subject property, the Parklands PUD/DRI, terminating at Bonita Beach
Road. This Exhibit is affixed to and an exhibit of the Parklands PUD Document. All
conditions and requirements set forth herein may be enforced by Collier County as with
any other condition of the approved Parklands PUD Document.
The developer agrees to construct the roadway subject to the following:
1. Obtaining and adhering to a ROW permit from the Collier County Transportation
Planning Division.
2. Obtaining all necessary Federal or State permits necessary to construct the
roadway.
3. Adhering to the following schedule, which may be revised by the mutual
agreement of the County and the Developer:
Phase I
Olde Cypress to southern boundary of Section 9
1 & 1/2 miles
2 Lane Divided Boulevard
Start Spring 2004, or earlier if necessary permits to construct are received earlier.
Complete Spring 2005
Phase II
Parklands Collier - Alignment within Section 9 to Northern Property Line
1 & 3/4 miles
2 Lane Divided Boulevard w/Turn Lane Access
Start Fall 2005, or earlier if necessary permits to construct are received earlier.
Complete Spring 2007
Phase III
Parklands Lee - Logan Boulevard Ext. Eastern Boundary of Section 4. South
Property line to Bonita Beach Road Extension - 1 mile
2 Lane Urban Section
Start Fall 2007, or earlier if necessary permits to construct are received earlier.
Complete Fall 2008
The construction of the Logan Boulevard Extension shall adhere to the design
specifications depicted on the attachments hereto. Minor revisions may be
approved by the County during construction.
o
o
o
At a minimum, all fill dirt necessary to complete the first +/- two miles, and to the
greatest extent possible, the entire Logan Boulevard Extension, shall come from
the Parklands project in order to minimize impacts of truck traffic on Immokalee
Road and to existing development along the Logan Boulevard Extension. To this
end, the County shall administratively and expeditiously review and permit
revisions to the lake configuration depicted on the PUD Master Plan, including
additional and/or larger and deeper lakes (in accordance with SFWMD
requirements) so as to maximize the amount of on-site fill the can be generated
for the Logan Boulevard Extension.
The developer shall maintain a water truck on the development site and shall
utilize all prudent means to minimize the generation of construction related dust.
Construction hours are limited to Monday through Saturday - 7:00 AM to 6:00
PM.
o
o
General public use of the Logan Boulevard Extension shall be prohibited until the
roadway improvements are complete and the Roadway has been inspected and the
County has granted Preliminarily Acceptance of the roadway.
The developer shall expedite permitting of a project construction access from
Bonita Beach Road in order to allow project construction traffic from Lee County
to access the project form Bonita Beach Road.
MIRA$OL PUD
QUAIL W~ST PUD
,il
7
L~
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 2003-42
Which was adopted by the Board of County Commissioners
on the 9th day of September, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 16th
day of September, 2003.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Bg~Yd',.~f)2>,.
County Commlssmon~rg .. ~'u
By: Patrlcla h.. Morganq~