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Ordinance 2003-49ORDINANCE NO. 03-4 9 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY,~ FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 0616S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A-ST" RURAL AGRICULTURAL WITH ST~2 OVERLAY TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN~ AS THE MANDALAY PUD ALLOWING 84 RESIDENTIAD::~ DWELLING UNlTS FOR PROPERTY LOCATED ON THE NORTI~ SIDE OF RATTLESNAKE HAMMOCK ROAD (C.R. 864) AND APPROXIMATELY 1/8 MILE EAST OF POLLY AVENUE, IN SECTION 16, TOWNSHIP 50 SOUTtt, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 28.06+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Jerry Neal, of Hole Montes, Incorporated, representing F.C. Properties, Incorporated., 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 16, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A-ST" Rural Agricultural with ST Overlay to "PUD" Planned Unit Development in accordance with the Mandalay PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 0616S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~c~ day of ~ , 2003. ! \X . - .... ~-;"~ :, DWIGHT~ ~ ROC~'C ~ERX and Legal Sufficiency Ma~jorie(~. Student Assistant County Attorney PU DZ-2002-AR-3242/RB/Io BOARD OF COUNTY COMMISSIONERS TOM HENNING, CHAIRMAN This ordinance filed with S~F~tory of State's Office the acknowledgement.., of~ that A PLANNED UNIT DEVELOPMENT PREPARED FOR: FRANK W. COOPER, PRESIDENT FC PROPERTIES, INC. 4158 LORRAINE AVENUE NAPLES, FLORIDA 34104 PREPARED BY: FRANK W. COOPER, PRESlDENT FC PROPERTIES, INC. 4158LORRAINE AVENUE NAPLES, FLORIDA 34104 and JERRY C. NEAL HOLE MONTES 950 ENCORE WAY NAPLES, FLORIDA 34110 DATE FILED DATE REVISED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER EXHIBIT "A" TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION Ill RESIDENTIAL AREAS PLAN SECTION IV PRESERVE AREAS PLAN SECTION V DEVELOPMENT COMMITMENTS PAGE ii 1 2 5 8 16 17 LIST OF EXHIBITS EXHIBIT "A" EXHIBIT "B" EXHIBIT "C" EXHIBIT "D" PUD MASTER PLAN PUD CONCEPTUAL DRAINAGE & UTILITY PLAN PUD DETAILS PUD LEGAL DESCRIPTION 111 STATEMENT OF COMPLIANCE The development of approximately 28.06 acres of property in Collier County, as a Planned Unit Development (PUD) to be known as the Mandalay PUD, will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The residential facilities of the Mandalay PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property's location, in relation to existing or proposed community facilities and services, permits the development's residential density as described in Objective 2 of the Future Land Use Element. The project development is compatible with and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1.H and 3.1.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The Project is located within an Urban Residential Mixed Use designation and Traffic Congestion area of the Future Land Use Element. The projected density of 3 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Base Density Traffic Conqestion Area Maximum Permitted Density 4 dwelling units/acre - 1 dwellinq units/acm 3 dwelling units/acre Maximum permitted units = 28.06 acres x 3 dwelling units/acre = 84 units. Requested dwelling units = 84, which results in a requested density of 2.99 dwelling units/acre. All final local development orders for this Project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. 1.1 1.2 1.3 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 Mandalay PUD. LEGAL DESCRIPTION The subject property being 28.06 acres, is comprised of 3 adjoining separate parcels that are located in Section 16, Township 50 South, · Range 26 East, Collier County, Florida, and are fully described on Exhibit D. PROPERTY OWNERSHIP A. The subject property is owned by: Parcel 1 by Bobby C. and Thelma McLean, P.O. Box 1177, Banners Elk, NC 28604. Parcel 2 by Bobby C. and Thelma McLean, P.O. Box 1177, Banners Elk, NC 28604. Parcel 3 by Treva Kay McLean, P.O. Box 5101, Banners Elk, NC 28604. The subject property is under purchase contract by FC Properties, Inc., 4158 Lorraine Avenue, Naples, Florida 34104. GENERAL DESCRIPTION OF PROPERTY AREA The subject property is located at 6100 Rattlesnake Hammock Road, approximately 1/8 mile east of Polly Avenue on the north side of Rattlesnake Hammock Road, unincorporated Collier County, Florida. The entire project site currently has agricultural zoning and is proposed to be rezoned to PUD. Further a portion of the site is under ST (Special Treatment) Overlay District and this area will remain in a preserved condition and undeveloped. An old home, barn and shed are located on Parcel 1. 2 1.5 PHYSICAL DESCRIPTION 1.6 The Project site is primarily located within the Lely Drainage Basin according to the Collier County Drainage Atlas. The proposed outfall for the Project will be to one of the following: to the east into the onsite wetland system or to the south into the swale along Rattlesnake Hammock Road. In both cases, the stormwater runoffwill enter the Lely Drainage Basin. Natural ground elevation varies from 7.3 to 9.5 NGVD; average site elevation is 8.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no base flood elevation specified. The water management system of the Project will include the construction of a perimeter berm along the development area with crest elevation set at or above the 25-year, 3-day peak flood stage. Water quality pretreatment will be accomplished by an on-site lake system prior to discharge as described above. The water management system will be permitted by the South Florida Water Management District (SFWMD) through the Environmental Resource Permit process. All rules and regulations of SFWMD will be imposed upon this Project including, but not limited to: storm attenuation with a peak discharge rate per Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm and finished floor elevations, water quality pre-treatment, and wetland hydrology maintenance. Per Collier County Soil Legend dated January 1990, the soil types found within the limits of the property are: #11 Hallandale Fine Sand; #25 - Boca, Riviera, Limestone Substratum and Copeland Fine Sand, depressional; #38 - Urban Land Matlacha, Limestone Substratum, Boca Complex; #.49- Hallandale and Boca Fine Sand (slough). Site vegetation consists predominantly of pine flatwoods, brazilian pepper invaded cypress, mixed wetland hardwoods, disturbed lands (old residence). PROJECT DESCRIPTION The Mandalay PUD is a Project comprised of a maximum of 84 residential units. Recreational facilities and other facilities and services will be provided in conjunction with the dwelling units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture, quality screening/buffering, and native vegetation, whenever feasible. 3 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Mandalay Planned Unit Development Ordinance." 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the Project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the Project, as well as other Project relationships. GENERAL Ao C° E° Regulations for development of the Mandalay PUD shall be in accordance with the contents of this document, PUD - Planned Unit Development, and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of application of any development order, to which said regulations authorizes the construction of improvements, such as, but not limited to, final subdivision plat, final site development plan (SDP), excavation permit and preliminary work authorization. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application. All conditions imposed and graphic material presented depicting details, conditions and restrictions for the development of the Mandalay PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. All applicable regulations, unless specifically waived through a variance procedure or separate provision provided for in this PUD Document, shall remain in full force and effect. 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, of the Collier County Land Development Code at the earliest, or next to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this Development. 2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE,°, 2.4 2.5 A maximum of 84 dwelling units shall be constructed in the residential areas of the Project. The gross Project area is 28.06 acres. The gross Project density shall be a maximum of 2.99 units per acre. RELATED PROJECT PLAN APPROVAL REQUIREMENTS The general configuration of the land uses are illustrated graphically on Exhibit "A," PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the Development of the land shall be in compliance with the PUD Master Plan, PUD Conceptual Drainage & Utility Plan, PUD Details, Division 3.2, Subdivisions, of the Land Development Code, and the platting laws of the State of Florida. The provisions of .Division 3.3, Site Development Plans, of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 in effect at the application of a building permit or other development order. Co Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications to Collier County and the methodology for providing perpetual maintenance of common facilities. MODEL UNITS AND SALES FACILITIES In conjunction with the promotion of the development, residential units may be designated as models and a model sales center may be located within a model home. Such model units and sales center shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. Temporary sales trailers and construction trailers may be placed on the site after site development plan approval and prior to the recording of subdivision plats, subject to the requirements of Sections 2.6.33.3 of the Land Development Code. In conjunction with the promotion of the development, the existing home may be used as a temporary sales office prior to the issuance of the Site Development Plan approval and prior to the recording of subdivision plats and completion of any permanent model sales center, subject to the remaining requirements of Section 2.6.33. Temporary Use Permits of the Land Development Code. 6 2.6 PROVISION FOR VEGETATION REMOVAL AND OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock-piling and placement in the development area in preparation of water management facilities or to otherwise develop water bodies up to a depth of twenty (20) feet is hereby permitted, in accordance with Section 3.5.7.3.1. of the Land Development Code, as amended and as permitted below: Ao Off-site disposal is also hereby permitted provided excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code, whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards. Bo All other remaining.provisions of Division 3.5, Excavation and Division 3.9, Vegetation Removal, Protection and Preservation of the Land Development Code shall apply. 7 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residential Areas as shown on Exhibits "A"- PUD Master Plan, "B"- PUD Conceptual Drainage & Utility Plan and "C"- PUD Details, as may be amended pursuant to Section 5.3. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 84 units. 3.3 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings and duplexes, villas (includes zero-lot line). Multi-family dwellings with a maximum of 4 units per building (includes townhouses, garden apartments, villas, coach homes, and carriage homes). Any other use, which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals (BZA). B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures including carports, garages, and utility/storage buildings. Recreational uses and facilities including swimming pools, tennis courts, volleyball courts, fishing docks, walking paths, picnic areas, recreation buildings, and basketball/shuffle board courts. 8 3.4 Managers' residences, offices, temporary sales trailers & offices,-and model units, combination model units with sales offices. 4. Gatehouse and/or entrance gate features. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. Any other accessory use deemed comparable by the Development Services Director. DEVELOPMENT STANDARDS Table I sets forth the development standards for land uses within the Mandalay PUD. Front yard setbacks in Table I shall be measured as follows: If the parcel is served by a public or private right-of-way, the setback is measured from the adjacent back of curb or edge of pavement. If the parcel is served by a non-platted private drive, the setback is measured from the adjacent back of curb or edge of pavement. 3. Carports and Garages are permitted within parking areas. 9 TABLE I MANDALAY PUD - RESIDENTIAL DEVELOPMENT STANDARDS STANDARDS Minimum Lot Area (per unit) SINGLE-FAMILY TWO-FAMILY MULTI-FAMILY 5,000 Sq. Ft. 4,000 Sq. Ft. NA Minimum Lot Width 45' Interior Lots(#1 ) 55' Corner Lots 70' Interior Lots (#1) NA (35')(#2) 80' Corner Lots NA (45'&35')(#2) Front Yard Setback (#6) 30' Interior Lot 22' Corner Lot 30' Interior Lot 22' Corner Lot 25' Principal Structure 15' Accessory Structure Side Yard Setback (#4 & #6) 1 Story 2 Story 5' or (0' & 10')(#3) 7.5' or (0'& 15')(#3) 5' or (0' & 5')(#3) 7.5' or (0' & 7.5')(#3) Greater of 7.5' or 1/2 BH Greater of 10' or 1/2 BH Rear Yard Setback (#4) Principal Structure Accessory Structure 25' 10' 25' 10' 25' 15' PUD Boundary Setback Principal Structure Accessory Structure NA NA NA NA 25' 15' Lake Setback (#5) 20' 20' 20' Preserve Area Setback Principal Structure Accessory Structure 25' 10' 25' 10' 25' 10' Distance Between Structures (#6) Main/Principal 1 -StoW 2-Story Accessory Structures 10' 15' 10' 10' 15' 10' 15' 20' 10' Maximum Heiqht Principal Building (#7) Accessory Building 35' with a maximum of 2 stories 20'/Clubhouse 35' 35' with a maximum of 2 stories 20'/Clubhouse 35' 38' with a maximum of 2 stories · 20'/Clubhouse 38' Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. 1 bedroom = 600 Sq. Ft. 10 Minimum Driveway Len,qth (#8) 23' 23' 2 Bedroom = 750 Sq. Ft. 3 Bedroom = 90OSq. Ft. MANDALAY PUD - RESIDENTIAL DEVELOPMENT STANDARDS TABLE I FOOTNOTES (#1) Ma.y be reduced on cul-de-sac lots. (#2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is located on two individually platted lots sharing a common wall with the ability for separate lot ownership and the lot frontage applies to each lot and when the 2-family structure is located on a corner lot, the larger distance in parenthesis applies to the actual corner lot, and the smaller distance will be an interior lot. (#3) Minimum side yard in parenthesis applies to buildings employing a zero-lot line with zero foot (0') side yard setback, with or without a common wall on one lot line and the second distance provided is the side yard setback for opposite lot line. (#4) No principal or accessory structures may encroach on the landscape buffers. (#5) Lake setbacks are measured from the control elevation line established for the lake, which may be the rear property line of a lot. (#6) Encroachments or projections into the required setbacks and distance between structures for the front or side entryway roof and overhang not exceeding a projection of three (3) feet with two (2) columns attached to the front or side entryway roof not exceeding a projection of two (2) feet into the required setback are allowed. (#7') No two story homes, units or structures are allowed on lots or portions of the property immediately abutting lots located in Quail Hollow. (#8) Driveway length measured from the back edge of the sidewalk to the garage door or end of the driveway. Note: "BH" refers to building height and "SBH" refers to the sum of the building heights. 11 Bo Interior Roadway and Utilities Within the areas to be platted within the PUD, a fifty (50) foot wide right-of-way is permitted as shown on Exhibits "B" and "C". Within the right-of-way, five (5) foot wide sidewalks shall be constructed and are allowed to be located no less than two (2) feet from the edge of the back of a curb or valley gutter. The construction of any sidewalk located in the right-of-way adjacent to the front yard or side yard of any lot or proposed structure may be delayed until construction of the residential unit on that lot or proposed structure is completed. The absence of sidewalks pursuant to this provision shall not prohibit the acceptance and dedication of the subdivision improvements per Collier County Land Development Code, Division 3.2., Subdivisions, and Division 3.3., Site Development Plans. On sections of the internal roadway when no structures abut one side of the roadway and/or right-of-way, no sidewalk is required on that particular side of the roadway and/or right-of-way, however a sidewalk is required to be located on at least one side of any roadway and/or right-of-way. Curves in the interior roadway may have an interior radius at edge of pavement of 48' and outside radius of 72'. At intersections the inside radius at the edge of pavement may be 20'. Lots and or Driveways may access the interior roadway according to the detail on the PUD Master Plan, Typical Street Curve and Intersection Details and PUD Details. Driveways of single family or two-family homes located on lots utilizing a zero lot line designation may be located two (2) feet from the adjoining common property line or five (5) feet from the opposing lot line. Driveways of single family or two-family homes located on lots not using zero lot line designations may be located five (5) feet from the property line. If the interior roadway has a private gate for access, the gate call box shall be located a minimum of seventy five (75) feet from the nearest intersecting edge of pavement of Rattlesnake Hammock Road (including proposed future expansion) and the road shall be maintained by a Homeowner Association and the utilities will remain public if the property is platted. 12 Do o The utility lines, including water and sewer lines, are permitted to be constructed in the right-of-way in the locations reflected on the PUD Conceptual Drainage & Utility Plan, and PUD Details as shown. The applicant shall be responsible for the installation of lighting on the interior roadways and may use post lights or lighting attached to individual residential buildings to satisfy the street lighting requirements of the Collier County Land Development Code. Said installation shall take place upon the completion of individual residential buildings with the issuance of any Certificates of Occupancy or Compliance for each building. Off-Street Parking and Loading Requirements' Parking regulations shall be as required by Division 2.3 of the Land Development Code in effect at the time of building permit application. Open Space/Natural Habitat and ST Preserve Area Requirements: A minimum of sixty (60) percent (16.84 acres) open space, as described in Section 2.6.32 of the Land Development Code, shall be provided on-site for any residential project. The existing ST Overlay area of 10.46 acres of natural habitat areas and non-ST areas of 1.81 acres of natural habitat areas shall be preserved, including both the under-story and the ground cover as shown on the PUD Master Plan, and such preservation shall meet the requirements as described in Sections 3.9.5.5.3 of the Land Development Code. Eo Landscaping and Buffering Requirements: The design and construction of all Landscape and Buffering improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 2.4, with a minimum width of fifteen (15) feet, except where specifically noted, detailed or stated otherwise in this PUD, Exhibits, Master Plan and Conceptual Drainage & Utility Plan. Perimeter landscape and water management berms in the developed areas having a maximum height of two (2) feet'or less are permitted to have grass, shrubs, or hedges on the side slopes with a maximum 13 side slope of two to one, with the toe located five (5) feet from the edge of the right-of-way and/or property line. Internal water management structural berms designed by an engineer specifically located between the internal western edge of the wetland preserve and the development area are permitted with side slopes steeper than two to one. Further a wall or fence that is continuous, or with open sections is permitted on top of the berm or elsewhere in the landscape buffer per the LDC, provided the height of the berm and/or wall or fence from the adjacent property grade does not exceed eight (8) feet. Any wall abutting adjacent residential properties shall have a minimum of a single row of 30" shrubs on both sides. In the event a multifamily use is utilized on the property a six foot (6') high (excluding the berm height) 80% opaque wall or fence, shall be provided between the subject residential buildings and the adjacent residential properties. The landscape buffer located between the community recreational facility and any adjoining internal residential lot shall be a Type B fifteen (15) feet wide buffer. The required number of trees shall be supplemented by an additional palm tree planting in the amount of 25%. Undulating beds of ornamental grasses and/or ground cover beds shall be incorporated for at least 30% of the required buffer area. All landscape buffers may be located in easements on lots or common areas. Water management systems shall not exceed 50% of the width of the buffer. F. Architectural Standards All buildings, lighting, signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include a similar architectural design and use of similar materials and a mixture of several colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. Landscaping and streetscape materials shall also be similar in design throughout the subject site. All pole lighting, internal to the Project, shall be architecturally unified and limited to a height of twenty (20) feet or less. G. Signs 14 G. Signs Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, except as permitted herein. The on-premise entrance ground signs if located on the sides of the residential entrance may be located on the front landscape berm and shall maintain a seven-foot setback from the southern PUD boundary property line and a ten-foot setback from the back of curb from the interior roadway. If such sign is located in the entrance road way island, then it shall maintain a seven-foot setback from the southern PUD boundary property line and a three foot setback from the back of curb from the interior roadway. See the sign details on the PUD Conceptual Drainage & Utility Plan and PUD Details. 15 4.1 PURPOSE SECTION IV PRESERVE AREAS PLAN 4.2 The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A," PUD Master Plan, as may be amended pursuant to Section 5.3 of this Document. PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses and Structures: 1. Passive recreational areas. 2. Biking, hiking, and nature trails, and boardwalks. Water management structures and public storm water improvements, including swales. 4. Native preserves and wildlife sanctuaries. Supplemental planting within the Natural Habitat Preserve Areas, may be approved after Current Planning Section Staff review. All supplemental plantings within the Preserve Areas shall be 100% indigenous native species. 16 SECTION V DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the commitments for the development of this Project. 5.2 GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and all applicable State and local laws, codes, and standards, conditions and requirements of this PUD, in effect at the time of application of final plat, final site development plan or building permit application, as the case may be. Except' where specifically noted, detailed or stated otherwise in this PUD, the standards and specifications of the official County Land Development Code shall apply to this Project even if the land within the PUD is not to be platted. The developer, his successor or assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee, shall follow the PUD Master Plan, PUD Conceptual Drainage & Utility Plan, PUD Details and the regulations of this PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee, is subject to the commitments within this Document. 5.3 PUD MASTER PLAN Exhibit "A," PUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed area, lot or 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 approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. Revisions to this PUD Master Plan which implement governmental agency requirements shall not be considered an amendment to the PUD Master Plan. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the Project. 17 5.4 SCHEDULE Of DEVELOPMENT/MONITORING REPORT 5.5 A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. The Project is expected to be completed in 1 or 2 phases. The landowners shall proceed and be governed according to the time limits pursuant to Section 2.7.3.4 of the Land Development Code. Bo Monitorin,q Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. ENGINEERING 5.6 This Project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for Development approval, except where specifically noted, detailed or stated otherwise in this PUD. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2., Subdivisions, and Division 3.3., Site Development Plans, except where specifically noted, detailed or stated otherwise in this PUD. WATER MANAGEMENT A copy of the South Florida Water Management District (SFWMD), a Surface Water Permit Application shall be sent to Collier County Development Services with the Improvement Plans. Bo A copy of the SFWMD Surface Water Permit, SFWMD Right-of-Way Permit, and SFWMD Discharge Permit, as applicable, shall be submitted to Collier County Development Services Staff at the time of the preconstruction meeting for the improvements. Co An Excavation Permit will be required for the proposed lake(s) pursuant to the conditions of this PUD and Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Prior to the removal of material from the site all road impact fees associated with this material must be paid. 5.7 UTILITIES Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the Project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier 18 5.8 County Ordinance No. 97-17, as amended, and other applicable County rules and regulations, except as permitted in this PUD Document and'the PUD Conceptual Drainage & Utility Plan, and PUD Details. The location of the utilities within the right-of-way and public utility easements are permitted as shown on details in the PUD Conceptual Drainage & Utility Plan, and PUD Details. TRAFFIC Ao All traffic control devices, signs, pavement markings and design criteda shall be in accordance with the Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier County LDC. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first permanent certificate of occupancy (CO). Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15. of the LDC, as it may be amended. Eo All work within Collier County rights-of-way or public easements shall require a right-of-way permit. All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. 19 Jo Lo All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer and Collier Country shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of an existing County right-of-way or easement, compensating right-of-way, shall be provided without cost to Collier County as a consequence of such improvement. If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. The developer shall dedicate a minimum 17.5 feet of right-of-way along the project's south property line (along the north side of Rattlesnake Hammock Road). This dedicated right-of-way shall be in addition to any required compensating right-of-way for turn lane(s) on Rattlesnake Hammock Road at the development's point(s) of ingress/egress. This dedication shall be governed by the provisions of Subsection 2.2.20.3.7. of the LDC. The developer shall contribute $23,835.00, to the Collier County Board of County Commissioners upon the issuance of the first building permit in lieu of the construction of a sidewalk and bike lane along Rattlesnake Hammock Road. This donation is in lieu of construction in accordance with the schedule for reconstruction of Rattlesnake Hammock Road. 2O 5.9 PLANNING 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. Furthermore, the procedures of Section 2.2.25.8.1 of the Land Development Code shall be followed. 5.10 ENVIRONMENTAL Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by the County Environmental Review Staff, subject to conditions and standards of this PUD. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.08 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code, or as permitted herein. Conservation easements shall be dedicated on the plat to the project homeowners' association or like entity for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. Co Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of the wetland permit line in all places and averaging twenty-five (25) feet from the landward edge of the wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the County Environmental Review 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 the County Environmental Review staff for review and approval prior to final site development plan/construction plan approval. This plan shall include the methodology and a time schedule for removal of exotic vegetation within the conservation/preservation areas. This PUD shall be consistent with the environmental sections of the Collier County Growth Management Plan Conservation and Coastal Management Element and the Collier County Land Development Code in effect atthe time of final development order approval. 21 For protected species located on-site, this PUD shall comply with 'the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to those on-site protected species. A Habitat Management Plan for those on-site protected species shall be submitted to County Environmental Review Staff for review and approval to final Site Plan /Construction Plan approval. All applicable approved Agency (SFWMD, ACOE, FFWCC, etc.) permits shall be submitted prior to final Plat / construction plan approval. 22 Ld / ~ I ~ I ,, ~Z~ / ~ x N ~ ~ mi I i .... ~.~ ;l-%lF ~ .o ~ I I I I /~ I -~ o- ~ i ~ j I ~ '~ o o,~ : , ~ I , J ,I w ~ , I I I~[~l I ~ I' ~1 Jj ~ I~tl~li ' ,/ ~~-L ~ ~, _.- ~Jl J ii ~llI ~ / / N ~ r I q ~ ~ ~ ;l~lim~ mill IlI j 'l , / ,, -- ~- '- Il- ' : l I ~ ~ ~ / =~ ~- ~ ; ~ ~ il Iii I] ~:[lll~i ~ I ~. · ' -- m ,m~ L.....~ ...... ~ I I , I I i~~l~ ~ l~[ i ) ) ~ ~-~---/-4~ ::~-'" / ~ / :2 ~.-I..~-~ "''l~ ;t,li, ~i ':~ItlI* ~ ~ x -' ~! ..... :"'~ 1~ ~ ~--~'~--- ?....,~ ~ .... ~ r~ /' : ' I ..... ~ ~ ~' ~ ~'-~ ....... ~ I I ' I I ~ , , , ......... :: _. = ,~;~l , ~ ~ ~ l' :-.:~:lk~ .... ~ %~ ~ , : / J I / i x i ii ' ' ii ~aOOJ NOZONIZNflH Ii J : ~]] ~i ~__[~ W W SIGN ca ~ X ~ R/w OPTIONAL OPTIONAL SIGN LOCATIONS SIGN LOCATIONS ~ I I //< ~ I. I I I ~ Z ~l ~E CALL BOX ~ / ~ 75 FEET FROM ~E I II ~/ EDGE OF PAYMENT ~/ ~ 80 EOP RATTLESNAKE HAMMOCK ROAD PLAN VIEW ENVY STREET 2of9 I I / ~ ~ w,~-Y ~un~ * 15 MPH Turn Worning Sign TYPICAL STREET CURVE AND DRIVE~AY EXAMPLE CORNER LOT ~~3of9  ~ ~.co~ ~a~ MANDALAY PUD Naples, FL. ~110 .,o.~ ~~ CONCEPTUAL CURB ~ ~~ ;Iorida ~ificat~ of ~'~'~ Authorization No.1772 TYPICAL DETAIL RA~SNAKE HAMMOCK ROAD * 15 MPH Turn Warning Sign N.~S. ~ ~4of9 ,,o.e: (~.) ~-~000 CONCEPTUAL INTERSECTION ~ ~~ Flodda Cedifi~te of ~ 20' LANDSCAPE EASEMENT 0 ~ O' 4' n,' 17.5' ~ 1 3' 3' :~ ~'-I OPTIONAL ~ ~' FENCE/WALL -r- Z ,,, m o ,.. 25-YR 3-DAY z<::uJ¥ ~ I O°'n, I 50:1 1 O: ?2.. 7~,,,,,~ SWALE ll'~'~~"~'~~ ..... ~- EX GND=8.8 +/- I WSWT EL 6.5 TYPICAL -- PERIMETER BERM SOUTH SIDE NOTE: SIDE SLOPES TO BE SODDED, WITH SHURBS AND/OR FENCE/WALL ;20' LAKE MAINTENANCE EA SEMEN T 6 O' 20' 8' 12' 40' ELEV. = 8.3'*- -'"'~ 0-$ of  950 F_.ncore Way MANDALAY PUD Naples, FL. 34110 CONCEPTUAL CURB Phone: (239) 254-2000 ~ ~iK:)~n'E~.~ Flodaa Certificate of : i EXHIBIT BII~S.I~UIIEIB.~BE~IS Authnnzation No.1772 TYPICAL DETAIL 55' TO 60' W ~ .~, Z'~ '~ 25' "'z vi >.,,, ,,,~ O:::: "~ "fl W ~- ~- ~ ~1 o ~ ~ ~ j 9' 2' I I wo' ~ O, 25-YR 3-DAY W ~ ~ WI SWALE ~IOAL ~ EL 6.5 PERI~E~R BERW ~ EAST SIDE HEIGHT MAY INCREASE ~f_ 55' TO 60' ~ 25' W z >~ wI ~NI ~o ~ wI m 2' 4' m ~ 0 25-YR 3-DAY AL~RNA~ __ EAST PROPER~ UNE DESIGN RIPRAP SWALE MAY ALLOW EI~ER A ~R~CAL WALL OR RIPRAP BANK AT 1:1 SLOPE. WS~ EL ~,5 ~ICAL ~E SF~D'S PERMI~D LINE ~ BE ~E NEW ~AND LINE ~ PERIME~R BERM AND ~E PROPOSED 25 FEET EAST BUFFER ~LL BE MEASURED ~OM ~E PERMIT LINE, HEIGHT MAY ~I~CREASE A S~UC~RAL BUFFER MAY BE co~s~c~ ~T ~ ~s~ ~D~ O~ ~ ~ ~E~T BU~  ,~ E~ ~ MANDALAY PUD ~ Nmples, FL, ~110 ~o~,: ~,~ ~oo CONCEPTUAL DRAINA~ ~ ~~ Florida Ce~fl~te of ~'~'~Authonzafion.o.~= TYPICAL SECTIONS .PALM CLUSTERS- 5' ,-9 L~ .-,ANOPY TREES POOL AREAm~~ EXIST. R/W * 15 MPH Turn Warning Sign 'E CONCEPT 17.5' R ATTLE SNAKE HAMMOCK ROAD QUAIL I__ 15' LANDSCAPE EASEMENT ,,,....I HOLLOW ~ PROPOSED ~ ~ HOME HEIGHT L~ 2' 2' 5' 2' 1' 4' ~2R'E ........ :Z .... ,__ ~1 __l , - , 25 c.c. ~: ~ _ql~, ** WALL OR FENCE ~ ~~ __IF TYPE 'A' ARE OPTIONAL IF USE ~ '~'~-'~1#~¢, /BUFFER SINGLE IS SINGLE FAMILY OR OPTION ** a: ~ ~,/ROW .30 HEIGHT DUPLEX. WALL OR SEE NOTE ~ ~ ~SHRUB FENCE TO BE 6' HEIGHT I ~"'"'~~-- 7"~¢--J~ I \ "~ 25-YR ,3-DAY MULTI-FAMILy.INSTALLED IF USEwALLIS OR FENCE TO BE 6 WALL OR i ~1 ~..~.,-,~., .--~-~ FENCE ___ ~~O:~,k I FEET HIGH MEASURED FROM GRADE AT WALL LOCATION AND 80% OPAQUE. OFF-SITE ~ TYPICAL WSWT EL 6.5 STORM WATER PERIMETER BERM COLLECTION ' SWALE AND/OR NORTH SIDE PIPE HEIGHT MAY INCREASE 7 of c 'o ,39' +/- NORTH LOT Z:;:O --0 - 26' +/- SOUTH LOT z"o om:;O ' 6' , ~ !~ 22' +/- N. 11 5'-7' O-- ~- z.<~ 9' +/- S. 12' HEIGHT 0~ r- 1 r-,' I~ TREES MIN.-~- 0 Z ~ '"' '-'-"- c.c. %' llk SEE NOTE~ r- r- WALLOR '" FENCE ~ I lli~ /-~'' __ ,,z ~'~ //_ ~ .__ EXISTING GRADE EXISTING BERM ~ ..... WITH HEDGE BY ~ IF TYPE A BUFFER, HUNTINGTON SINGLE ROW 30" WSWT EL 6.5 HEIGHT HEDGE ** WALL OR FENCE ARE WEST SIDE OPTIONAL IF USE IS SINGLE FAMILY OR WITH WALK DUPLEX. WALL OR FENCE TO BE INSTALLED IF USE IS MULTI-FAMILY. WALL OR FENCE TO BE 6 FEET HIGH MEASURED c: 39' +/- NORTH LOT 5'-7' FROM GRADE AT WALL z, '1~ 26' +/- SOUTH LOT LOCATION AND 80% z 0 OPAQUE. -~1 27' +/- NORTH ' 0 11 5' MIN +/- SOUTH o 15' LBE or-- 12' HEIGHT ~Z ~ -~ or- m OPTION ** ~-'""'~i ~'~'~ SEE NOTE ~" 6' HEIGHT ~ 1'~ ,.3-DAY WALL OR _':t~ ~' .,~ ~,~,~,,,. 25_ yR..../ / ~/'"~"" EXISTING GRADE \ -- EXISTING BERM - WITH HEDGE BY SINGLE ROW 30"/ / WSWT EL 6.5 HUNTINGTON HEIGHT HEDGE WEST SIDE WITHOUT WALK ~ 0"-8 of  .~o~.=~away MANDALAY PUD ~.~=.~: ..o~:~.o. Naples, FL. 34~ 10 ,LC"N. ~o~e: <~.> ~-~oo0 CONCEPTUAL DRAINAGE ~"" "~: ~ I~ION"T"E~ Florida Certificate of ,LC.N. .~-.~.~.~m .,,,.o~=.,,o~.o.~=~ TYPICAL ELECTIONS °*~./= ~"'""-'~" z CL ~ol 26 ..._1 14 ~l 15 LBE ~ I 12' HEIGHT ~--:~ ~; I TREES MIN. --~ 00[I , l, , I 25' o.c. ~~ml_ 9 _~_ 10 _1_7 __l ** DOUBLE ROW SEE NOTE ~.t~~ 124 SHRUB / 6' HEIGHT ~ I.IF NO FENCE ..----'-Jr 25-YR .3-DAY WALL OR ~..'~-~ENWA4L;,: I/" I TOP ELEv MI, FENCE '1~-~~r 'I/* I ' ' ~ ~ HEIGHT --[ ' EXIST SHR - r, ,,, EXISTING BERM EXISTING GRADE EXISTING BERM BY, HUNTINGTON WOODS HEIGHT VARIES FROM 1.0' TO 1.5' AND WIDTH VARIES CL CL to BOC WSWT EL 6.5 TYPICAL SEC310N THRU ROAD WEST SIDE ** WALL OR FENCE ARE OPTIONAL IF USE IS SINGLE FAMILY OR DUPLEX. WALL OR FENCE TO BE INSTALLED IF USE IS MULTI-FAMILY. WALL OR FENCE TO BE 6 FEET HIGH MEASURED FROM GRADE AT WALL LOCATION AND 80% OPAQUE. 950 Encore Way IJI ~. I~ll~ A I A V I"IiI ~ ~ aY: PROwl[CT No. Naples, FL34110 Phone: (239) 254-2000 e ~ MONT~8 Fiodda Certificate of I~NImT4~TIE:~ Ill'liltS 'l~IlIi]~ '~LI~'~IIS Authorization No.1772 14' 26' P.L. TO B.O.C. ~0> I_ 15' LBE IfF 7' 9' 5' ,2, ,.3'1~:~ 12' HEIGHT 0 r, ON .. o.o. SEE NOTE-6' .... HEIGHT WALL\ /~~~ I Zb-YR 3-DAY OR FENCE ~ ~'~ I DOUBLE ROW ~ ~~ I IF NO FENCE O~ ~ --~ ,l~~ I WALL, ~EN 48 '-- ~~~~¢ I HEIGHT SHRUB ..... ~ OFF-SI~ STORM WAER ~ICAL SEC~ON MAY BE COLLEC~D AND ~RU ROAD DIREC~D TO ~E PRESER~ EAST SIDE BY EI~ER PIPE OR SWALE ~ ~gofg 12~964~5137 FC PROPERTIES INC 425 P02 AUG 28 '05 88:5? EXHIBIT D MANDALAY PUD LEGAL DESCRIPTION Commenoing at l~s Southwest oomer of $~,'tion tS, Township SO South, Range 26 East, a~0 running South Se degr~s 10' 30" East a di~n~ ~891.8 feel ~ Th~ce No~ 0 degr~s 0' ~0" W~ a dis~nce of 882.09 f~ 1o a contras manumit, ~en~ Sou~ 89 a con.ere monumen~ ~e point ~ beginning: d~s 18'47" East a gi~n=e ~493.6 feet to a ~n=e~ monument, ~ South 0 degrees 01' E~ a d~n~ of 882.5 feet to a ~n=rete monument, then~ N~h 89 degr~s 10' 30" W~t 493.6 to a ~ncmte monument, the point of beginning; Less ~e Sou~ 50 feet ~ereof; and Commencing at the Southw~t comer of Semion 16, Township 50 South, R~ge 26 E~ and running So~ 89 degre~ 10' 30" ~St along ~e south bounded'of Se~ion'l 6 a dle~n~ of ~S ~et to ~e Point of Beginning: ~e ~nulng 8ouffi 89 degrem. 10' ~0" Easl along l~e so~ boun~a~ line of Ge~on ~B'a die,ncc of 246.80 fee~ ~ a concrete moflumen~ ~en~e No~ 0 degr~ 0' 30" West a d~tance of 881.09 feet ~o a mncrete monumen~ ~ence No~ 89 degre~ 18' 41" We~ a dl~n~ of 246.80 fee~ lhen~ South 0 degrees 0' 30~ ~st · dJs~nce of 881.Sa feet to a point on ~e south bounda~ ~ Se~i0n 16, To, ship 60 Sou~, ~nge 2~'E~t, s~d oo~t being ~ Pa~nl of Be0inning; in ColJier County, Florida, Less the Sou~ 50 feet ~emof,..~nd less (he W~{ 15 fe~ ~er&0f. ' Commen~ng ~ t~e Southwest ~rner of Section 16, Township 50 South, Range 26 East, Collier County, Rorlde, a~d running Soulh 89 ~egrees 10' 30" East along the south II~e of Se~lon 16 a dis~n~ of 13aS.4 feet to a ~n~e~ monument, ~e point of beginning; Thence No~ 0 degrees 01' 00" West a d~n~ of 441 .~5 feet ~ a ~ncre~e monument, thence 8outh 8g degrees 1 S* 41" East a ~nce of g~3 feet to · ~cre~ monument, thence Soulh 0 de~e~ 0~' 00" East · d~nce ef4~1,85 feet to a c~ete ~onumen~ t~ence No~ Bg ~egrees 10' 30"'West a dJ~nce E gsa.3 feet to a concrete monum~t, the point of beginning L~ the Sou~ 50 feet ~ereof conve~d ~ Collier Coun~ for highway right of ~y bv deed m~r~ in O.R. Book 195, page 870, Coil/er Count~ Re~rds. Beg~ning a~ the sou~east ~omer of the Seu~wesl 1/4 of ~e~on 16, Township 50 Seuffi, Range 26 East, Collier County, Florida, mn No~ 0 degrees 10' 50" West 883,~9 feet slang ~e E~t be~ndary of said Sou~w~t 1/4; ~enee No~ 89 degrees 1~' 47" W~ 272.07 feet; Then~ $ou~ 0 degr~s 01' ~s~ 883.~0 feet to the Sou~ beunda~ of sal~ Secllon~ Thence Sou~ 89 ~egmee 10' ~0" ~sl ~74,61 feet along Ihs Sout~ boun~a~ of said Section to ~e Point of Beginning, Lass ~e Sou~ S0 feet ~eof. 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 2003-49 Which was adopted by the Board of County Commissioners on the 23rd 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 26th day of September, 2003. DWIGHT E. BROCK Clerk of Courts and 'cle~k Ex-officio to Board of County Commi s s ioners By: Patricia'-~'. Morgan Deputy clerk: