Ordinance 2003-50OR!IIINANCE NO. 03- 5 0
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAPS NUMBERED 0608N AND
0608S BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "E" ESTATES AND "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS FALLING WATERS, FOR PROPERTY LOCATED
SOUTH OF DAVIS BOULEVARD (SR 84) AND WEST
OF THE PROPOSED ALIGNMENT OF SANTA
BARBARA BOULEVARD, IN SECTION 8, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 161.54 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 93 -42, AS AMENDED, THE FORMER
FALLING WATERS PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, J. Gary Butler, P.E., of Butler Engineering, Inc., representing Bayswater
Falling Waters, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED By the Board of County Commissioners of
Collier County, Florida, that:
SECTION ONE:
The zoning classification of the herein described real property located in Section 8,
Township 50 South, Range 26 East, Collier County, Florida, is changed from "E" Estates and
"PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached
hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official
Zoning Atlas Maps numbered 0608N and 0608S, as described in Ordinance Number 91-102, the
Collier County Land Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 93-42, as amended, known as the Falling Waters PUD, adopted on July
27, 1993 by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
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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 ~2~day of .~.0~'Y~D~lr'~ , 2003.
ATTEST:
DWIGHT E. BROCK, Clerk
- : / '%?.
App~eygd;
,orm and
Legal St~ffii:'i'enCy
MazjoricfdM. Student
Assistant County Attorney
PUDA- 2002-AR-2475/FR/lo
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM'HE-N~ING, C~[AIRMAN~,,
This ordinance filed with the
~ day
and ocknowledgeme~i~ that
~d~ day
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FALLING WATERS PUD
A
PLANNED UNIT DEVELOPMENT
Regulations and Supporting Master Plan
Governing the Falling Waters PUD A Planned
Unit Development Pursuant to Provisions of
The Collier County Land Development Code
Prepared For:
Bayswater Falling Waters LLC
7200 Davis Boulevard
Naples, Florida 33962
Prepared By:
Butler Engineeing, Inc.
2223 Trade Center Way
Naples, Florida 34109
Original PUD Preparation By:
Q. Grady Minor And Associates
EXHIBIT "A"
Date Reviewed By CCPC
Date Approved By BCC ~
Odinance Number
~ep~is
Revised: September 30, 2003
STATEMENT OF COMPLIANCE
The development of approximately 161.54 acres of property in Collier County, as a Planned
Unit Development to be known as the Falling Waters PUD will be in compliance with the
goals, objectives and policies of Collier County as set forth in the Growth Management Plan
(GMP). The project will be consistent with the growth policies, land development regulations
and applicable comprehensive planning objectives of each of the elements of the GMP for the
following reasons:
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The subject property is located within the Urban Residential Land Use Designation as
identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3
of the Future Land Use Element (FLUE).
The subject property's location in relation to existing community facilities and services
permits the development's residential density as required in Objective 2 of the FLUE.
The project development is compatible with and complimentary to the surrounding land
uses as required in Policy 5.4 of the FLUE.
The project improvements are planned to be in compliance with the Collier County Land
Development Code (LDC) as set forth in Objective 3 of the FLUE.
The project development will result in an efficient and economical extension of community
facilities and services as required in Policies 3.1 .h and 3.1.1 of the FLUE.
The project development is planned to incorporate the natural systems for water
management in accordance with their natural functions and capabilities as may be required
in the Collier County LDC as required by Objective 1.5 of the Drainage Sub-Element of the
Public Facilities Element.
The project development will ensure protection of natural resources as required in Policies
3.1 .b. and 3.1 .c. of the FLUE.
The total number of dwelling units will not exceed 799 on 161.54 acres. This density of
4.95 d.u./acre is in compliance with the Growth Management Plan as follows:
Activity Center (18.73 ac.) x 16 dwelling units (d.u.)/acre = 300 d.u.
Base density (161.54 ac. - 18.73 ac.) x 4 d.u./acre = 571 d.u.
Density band (161.54 ac. - 18.73 ac.) x 3 d.u./acre = 428 d.u.
Total allowable = 1299 d.u.
Total proposed = 799 d.u. at 4.95 d.u./acre
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SECTION 1
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 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 Falling Waters PUD.
1.2 LEGAL DESCRIPTION
ALL LANDS DESCRIBED FOLLOWING LYING IN SECTION 8, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA:
W ½ OF NE lA OF NE ¼ AND E ½ OF NW ¼ OF NE ¼ AND SE ¼ OF NE ¼ AND SE lA
OF SW ¼ OF NE l¼ AND NORTH 362.5 FEET OF E ½ OF NW IA OF NE ¼ OF SE ¼
AND W ½ OF NW lA OF NE ¼ OF SE ¼ AND E ½ OF NE ¼ OF NW IA OF SE IA AND E
½ OF NW ¼ OF NW ¼ OF SE lA AND W ½ OF SW ¼ OF NE ¼ OF SE ¼ AND W ½ OF
SE ¼ OF NW ¼ OF SE ¼ AND W ½ OF NE ¼ OF SW ¼ OF SE ¼ AND NW ¼ OF SW
¼ OF SE ¼ AND W ½ OF NE ¼ OF SE ¼ OF SE ¼ AND E V2 OF NW ¼ OF SE ¼ OF SE
¼ AND E ½ OF NE ¼ OF SW IA OF SE ¼ AND W V2 OF NE ¼ OF NW lA OF SE lA AND
NE¼ OF NE ¼ OF NE ¼ OF SE ¼ AND W ½ OF SE ¼ OF NE1A OF SE ¼.
AND THE FOLLOWING DESCRIBED PARCEL (TRACT S 1):
COMMENCING AT THE CENTER OF SECTION 8, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA; THENCE SOUTH 88°44'OO"EAST 540.87 FEET
ALONG THE EAST-WEST QUARTER LINE TO THE POINT OF BEGINNING; THENCE
CONTINUE ALONG SAID QUARTER LINE SOUTH 88°44'00'' EAST 125.83 FEET TO
THE SOUTHEAST CORNER OF THE SOUTHWEST IA OF THE SOUTHWEST ¼ OF THE
NORTHEAST ¼ OF SAID SECTION 8; THENCE NORTH 00°03'46"WEST 125.83 FEET
ALONG THE EAST LINE OF THE SOUTHWEST ¼ OF THE SOUTHWEST ¼ OF THE
NORTHEAST ¼ OF SAID SECTION 8; THENCE SOUTH 45036'07" WEST 175.87 FEET
TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 7,914.6 SQUARE FEET
MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
CONTAINING 161.54 ACRES MORE OR LESS.
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1.3
PROPERTY OWNERSHIP
The subject property is currently under the ownership of or contracted for ownership by
Bayswater Falling Waters LLC, 100 S. Bedford Road, Mt. Kisco, NY 10549
1.4
GENERAL DESCRIPTION OF PROPERTY AREA
The subject property is located on the south side of Davis Boulevard
approximately two and three quarter miles east of Airport Road. A portion of
the site is bounded on the east by the future extension of Santa Barbara
Boulevard.
1.5
1.6
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The zoning classification of the subject property prior to the date of this
approved PUD Document was PUD and Estates with "ST" overlay.
PHYSICAL DESCRIPTION
The project site is located within the Collier County District 6 drainage basin.
Water Management for the proposed project is planned to be of both a wet and dry
detention type.
Elevations within the project site range from 8.6 to 9.7 feet NGVD. All of the site is in
Flood Zone X according to Firm Map 120067 0415 D, Map revised June 3, 1986.
The soil types on the site include arzel fine sand, broward fine sand, cypress swamp,
ochopee fine sandy marl and sunniland fine sand.
PROJECT DESCRIPTION
The project will be a residential community.
1.7
SHORT TITLE
This Ordinance shall be known and cited as the Falling Waters PUD Planned Unit
Development Ordinance.
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2.1
PURPOSE
SECTION 2
PROJECT DEVELOPMENT REQUIREMENTS
2.2
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
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Regulations for development of Falling Waters PUD shall be in accordance with
the contents of this Document, PUD-Planned Unit Development District and
other applicable sections and parts of the Collier County LDC in effect at the
time of issuance of any development order to which said regulations relate which
authorizes the construction of improvements, such as but not limited to, final
subdivision plats, site development plans, excavation permit and preliminary
work authorizations. Where these regulations fail to provide developmental
standards, then the provisions of the most similar district in the County LDC
shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County LDC in effect at the time of building
permit application.
All conditions imposed and all graphic material presented depicting restrictions
for the development of the Falling Waters PUD shall become part of the
regulations which govern the manner in which the PUD site may be developed.
Unless modified, waived or excepted by this PUD the provisions of other
sections of the LDC, where applicable, remain in full force and effect with
respect to the development of the land which comprises this PUD.
Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Section 3.15 of the LDC pertaining
to Adequate Public Facilities.
The Falling Waters PUD will be developed as an "Integrated Phased
Development".
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
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The project Master Plan, including layout of streets and use of land for the
various tracts, is illustrated graphically by Exhibit "A", PUD Master
Development Plan. The general configuration of a number of land use tracts,
plus necessary water management lakes, street rights-of-way, is illustrated by
Exhibit A, PUD Master Development Plan. A summary of the land uses is as
follows:
TRACT USE* ACRES
A, B, C, G, H, J, L, Q, R, S, W
I,K
D,M,N
T, U, V, X, Y, Z,W
799 residential dwelling units
Recreation
Road R/W
Preservation
99.20 ac
3.65 ac
11.28 ac
50.59 ac
Project Total
161.54 AC
* Dwelling unit totals for individual tracts are approximate and may be revised
but will not exceed 799 dwelling units.
Areas illustrated as lakes by Exhibit A shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, dry depressions for water
detention purposes. Such areas, lakes and dry areas shall be in the same general
configuration and contain the same general acreage as shown by Exhibit A. Minor
modification to all tracts, lakes or other boundary may be permitted at the time of
preliminary subdivision plat or site development plan approval, subject to the
provisions of Sections 3.2.6 and 3.3.5 respectively, of the Collier County LDC or as
otherwise permitted by this PUD Document.
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In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public) shall be established within
or along the various tracts as may be necessary.
2.4
2.5
DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 799 residential dwelling units, single and multi-family, may be
constructed in the total project area. The gross project area is 161.54 acres. The gross
project density, therefore, would be a maximum of 4.95 dwelling units per acre.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
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Prior to the recording of a record plat for all or part of the PUD, final plans of all
required improvements shall receive approval of the appropriate Collier County
governmental agency to insure compliance with the PUD Master Plan, Division
3.2 of the Collier County LDC and the platting laws of the State of Florida.
Exhibit A, PUD Master Development Plan, constitutes the required PUD
Development Plan. Subsequent to or concurrent with PUD approval, a
preliminary subdivision plat if applicable shall be submitted for the entire area
covered by the PUD Master Plan. Any division of property and the development
of the land shall be in compliance with the LDC and the platting laws of the
State of Florida.
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The provisions of Division 3.3 of the Collier County LDC, when applicable,
shall apply to the development of all platted tracts or parcels of land as provided
in said Division prior to the issuance of a building permit or other development
order.
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The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a preliminary subdivision plat in
conformance with the requirements of Division 3.2 of the Collier County LDC
prior to the submittal of construction plans and plat for any portion of the tract or
parcel.
Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and methods for providing perpetual
maintenance of common facilities.
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F. Required buffers shall be pursuant to Section 2.4 of the Collier County LDC.
2.6 MODEL HOMES AND MODEL SALES OFFICES
Model homes and model sales offices are permitted in conformance with Subsection
2.6.33.4 of the Collier County LDC.
2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as permitted in Section 2.7.3.5 of the Collier
County LDC.
2.8
ASSOCIATION OF PROPERTY OWNERS FOR
MAINTENANCE
COMMON AREA
Whenever the Developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of property within said development in which the common interest is
located, that developer entity shall provide appropriate legal instruments for the
establishment of a property owners' association whose function shall include provisions
for the perpetual care and maintenance of all common facilities and open space.
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3.1
PURPOSE
SECTION 3
RESIDENTIAL
The purpose of this Section is to set forth the regulations for the development of the
residential development.
3.2
MAXIMUM DWELLING UNITS
The maximum number of dwelling units allowed within the PUD shall be 799.
3.3
PERMITTED USES
No building or structure, or part thereof, shall be erected, altered or used, or land used,
in whole or part, for other than the following:
A. Principal Uses:
Multiple family dwellings, townhouses, cluster housing, single family
and administrative offices in conjunction with the management of
common amenities, property maintenance and rental management.
2. Recreational areas - swimming pool, clubhouse, tennis court(s).
B. Accessory Uses:
1. Recreational areas - swimming pool, clubhouse, tennis court(s).
2. Commonly owned open tracts (jogging tract, lake, cypress preserve).
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Water management facilities (owned and maintained by property owners'
association).
Customary accessory uses and structures, including private garages and
carports.
5. Signs as permitted by Division 2.5, Collier County LDC.
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3.4
Walls and fences constructed of materials and finishes architecturally
compatible with the principal structures to which they are accessory,
shall be permitted subject to the provisions of the appropriate Collier
County ordinance and this Document.
DEVELOPMENT STANDARDS
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GENERAL: All criteria listed below shall be understood to be in relation to
respective tract boundary lines or between buildings.
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MINIMUM YARDS:
1. Front yard
2. Side yard -
Twenty-five (25) feet for principal
structures, ten (10) feet for accessory structures.
(setback from road right-of-way or ingress/egress
easement line)
Fifteen (15) feet unless a common architectural
theme. If a common architectural theme, then the
setback between buildings is ½ the sum of the heights
of the adjacent structures.
Rear yard -
Fifteen (15) feet.
Perimeter PUD boundary setback - Thirty (30) feet.
Distance between buildings on same parcel - Forty (40) feet for four (4)
story structures or thirty (30) feet for three (3) story structures or twenty
(20) feet for two (2) story structures.
Minimum separation between garages - Ten (10) feet.
There is no minimum separation between garages and principal
structures.
Setbacks from preserves
-Principal structures - twenty five (25) feet
-Accessory structures: ten (10) feet
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C. MAXIMUM HEIGHT OF STRUCTURES:
The maximum height of all dwelling structures shall be 4 habitable stories with a
maximum of 50 feet. One story of parking below the first habitable floor is
permitted.
MINIMUM FLOOR AREA:
The minimum habitable floor area of each dwelling unit shall be 1,000 square
feet.
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OFF-STREET PARKING:
As required by Collier County LDC in effect at the time of building permit
application.
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INSUBSTANTIAL CHANGES:
The Planning Services Director may approve insubstantial changes (including
encroachments into building and/or yard setbacks or separations) to these
development standards for projects qualifying as a common architectural theme
and meeting the prerequisites for same as described at Subsection 2.6.27.4.6 of
the Collier County LDC.
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ENTRANCE:
Prior to January 1, 2005, a two-lane entrance road from Davis Boulevard, into
the PUD guardhouse entrance, shall be constructed by the Developer.
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4.1
PURPOSE
SECTION 4
CONSERVATION/PRESERVE AREA
Preserve Area - The purpose is to preserve and protect vegetation and naturally
functioning habitat such as wetlands in their natural state and/or to provide mitigation
required by governmental agencies.
4.2
PERMITTED USES
No building or structure, or part thereof, shall be erected, altered or used, or land used,
in whole or part, for other than the following, subject to regional, state and federal
permits when required;
A. Principal Uses:
1. Open spaces/nature preserves.
2. Lakes
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Small docks, piers or other such facilities constructed for purposes of
lake recreation for residents of the project, subject to appropriate
approvals by permitting agencies and Collier County Environmental
Review Services Department Staff.
Boardwalks, subject to appropriate approvals by permitting agencies and
Collier County Environmental Review Services Department Staff.
Mitigation which may include grading, excavation, fill, planting, exotic
removal or other measures required by appropriate governmental
agencies.
A Preserve Management Plan shall be provided at the time of the next
development order submittal, in accordance with Goal 7 of the GMP, to
identify the management and annual maintenance requirements for all
Preserve Areas within the PUD.
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SECTION 5
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in accordance with site development plans, final
subdivision plats and all applicable State and local laws, codes and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the
standards and specifications of the official County LDC including the subdivision
regulations shall apply to this project even if the land within the PUD is not to be
platted. The Developer, its successor and assigns, shall be responsible for the
commitments outlined in this Document.
The Developer, its successor or assignee, shall follow the Master Plan and the
regulations of the PUD as adopted and any other conditions or modifications as may be
agreed to in the rezoning of the property. A successor or assignee to the Developer 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 tract, 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 of final platting or site development plan
application. Subject to the provisions of Section 2.7.3.5 of the Collier County
LDC, changes may be made from time to time.
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All necessary easements, dedications or other instruments shall be granted to
insure the continued operation and maintenance of all service utilities and all
common areas in the project.
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5.4
SCHEDULE OF DEVELOPMENT /MONITORING REPORT AND SUNSET
PROVISION
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The 682 dwelling units are currently permitted or being reviewed for permits.
The additional dwelling units will be permitted and developed within three years
of the approval date of this PUD unless economic conditions dictate otherwise.
This PUD is subject to the sunset provisions of Section 2.7.3.4 of the Collier
County LDC.
Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collier County LDC. The monitoring report shall be
accompanied by an affidavit stating that representations contained therein are
true and correct.
5.5
5.6
SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
Substitutions to the subdivision design standards shall only be included in the PUD
when a concurrent application is being made for preliminary subdivision plat approval.
TRANSPORTATION
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
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The Developer shall improve Cope Lane from County Barn Road east to a point
10 feet east of the driveway serving 5966 Cope Lane (tax map parcel 76.1)
utilizing the following standards:
1. Drainage
a. Install three cross culverts under the existing road to allow natural
water sheet flow to pass under the road from north to south.
b. Reconstruct the southerly roadside swale from Tract "S" of Falling
Waters to County Barn Road.
c. Install three driveway culverts with mitered end sections at each
existing driveway along the reconstructed portion of the swale
d. These drainage improvements were completed by June 16, 1995.
2. Paving
a. Grade and roll existing limerock base.
b. Apply primer to newly graded and rolled base.
c. Construct 30' radius at the intersection of Cope Lane and County Barn
Road.
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Where the Developer has the legal right, it shall construct a 1-inch
type S-3 asphalt surface approximately 22 feet in width (the exact
width shall be determined by the County Transportation Services
Department in order to accommodate two-way construction traffic)
from County Barn Road to 10 feet east of 5966 Cope Lane
(approximately 3600 linear feet).
The Developer may use Cope Lane as a construction entrance for the
Falling Waters project provided that the Developer shall first have
completed the work specified in Subsections a, b, c, and d above. This
work shall be completed prior to the approval of a site development
plan for Falling Waters, Phase 7.
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3. In addition, underground drainage improvements along the west side of the
project to alleviate flooding at the neighboring property (Seacrest School)
shall be competed by June 16, 1995 and include all work as shown on
Drawing No. FW-14 as prepared by Q. Grady Minor & Associates and as
reviewed and approved by County Staff.
The Developer shall be responsible for a fair share contribution toward
signalization of the Falling Waters/Countryside/Davis Boulevard intersection at
such time as signalization may be deemed warranted by the County. Signals
shall be owned, operated and maintained by the County.
One hundred feet of right-of-way shall be provided between Davis Boulevard
and the platted segment of Santa Barbara Boulevard. In exchange for right-of-
way dedication, the County shall provide an access easement between Tract "S"
and Tract "R", subject to permitting and improvements in accordance with
Ordinance 82-91 as may be amended.
The Developer shall deed to Collier County, at at no expense to Collier County,
the easterly 100 feet of Tract W for road right-of-way when requested by the
County.
5.7
WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
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An excavation permit shall be required for the proposed lake(s) in accordance
with Division 3.5 of the LDC and South Florida Water Management District
(SFWMD) Rules.
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A copy of SFWMD Permit or Early Work Permit (with Staff Report) shall be
provided prior to site development plan approval.
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An analysis of off-site surface runoff from outside the revised PUD boundaries
which historically passed on, over or through areas of the PUD property shall be
prepared and included in the required SFWMD surface water management permit
modification application for the project. All off-site flow collection and routing
facilities required to be created through the SFWMD permit modification process
shall be incorporated into the first development order submitted to Collier County
for review after the rezoning approval for the new/added lands, however, this
requirement shall not apply to development orders for Tract "A", as described on
the plat for the Falling Waters PUD appearing at Plat Book 19, Pages 4 - 7, of the
public records of Collier County, Florida.
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Should the SFWMD, or any other agency, during its review process require
significant changes be made to the site plan and/or the water management
facilities, Collier County reserves the right to re-review the project and have it
heard by the Environmental Advisory Council (EAC).
This approval does not constitute agreement by the County to any control
elevation, discharge rate, or outside inflow rate. All agreements shall be made
with the SFWMD.
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A lake shall be constructed around the northwesterly, westerly and southwesterly
sides of the existing larger cypress preserve on Tract "A". A berm as required by
SFWMD shall be constructed between the lake and the large cypress preserve.
The smaller cypress preserve shall be connected to the lake by a culvert.
Development shall be allowed between the cypress preserves. No permanent
structures shall be allowed to be constructed over the culvert.
A minimum ten foot drainage easement, where needed, shall be created for the off-
site conveyance swale depicted on the PUD Conceptual Drainage Plan and
dedicated to Collier County with no responsibility for maintenance. Justification
that the proposed swale will handle the run-off shall be provided in order to
determine the width of the easement. A non-exclusive drainage easement, where
needed, shall be created on areas already developed. The dedication shall occur on
the final plat for the appropriate phase.
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5.8
UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the
following conditions.
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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 County Ordinance,
No. 01-57, as amended, and other applicable County rules and regulations.
All customers connecting to the water distribution and sewage collection
facilities to be constructed will be customers of the County and will be billed by
the County in accordance with the County's established rates.
The on-site water distribution system to serve the project shall be connected to
the District's 16-inch water main on the south side of Davis Boulevard
consistent with the main sizing requirements specified throughout the project.
During design of these facilities dead-end mains shall be eliminated by looping
the internal pipeline network.
The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the County's master pump station is
transmitted by one (1) main on-site pump station. Due to the design and
configuration of the master pump station, flow by gravity into the station will
not be possible. The developer's engineer shall meet with the County Staff prior
to commencing preparation of construction drawings, so that all aspects of the
sewerage system design shall be coordinated with the County's sewer master
plan.
The existing off-site water facilities of the District shall be evaluated for
hydraulic capacity to serve this project and reinforced as required, if necessary,
consistent with the County's Water Master Plan to insure that the District water
system can hydraulically provide a sufficient quantity of water to meet the
anticipated demands of the project and the District's existing committed
capacity.
The existing off-site sewage transmission facilities of the District shall be
evaluated for hydraulic capacity to serve this project and improved as required
outside the project boundary to provide adequate capacity to transport the
additional wastewater generated without adverse impact to the existing
transmission facilities.
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5.9 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
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This PUD shall be subject to all environmental sections of the Collier County
LDC and the GMP, Conservation and Coastal Management Element in effect at
the time of final development order approvals.
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This PUD shall retain a minimum of 40.5 acres of native vegetation to fulfill
Collier County's native vegetation retention requirement. This PUD is required
to preserve an additional 10.09 as a requirement of the State wetland permit for
mitigation to wetlands on site. The total preservation requirement for this PUD
shall be 50.59 acres. Any restorations above the 40.5 acres shall be completed in
accordance with the State permit conditions, which may use smaller plant
materials than the County requires, because it is above the minimum
requirement for the County's native vegetation preservation
A detailed re-vegetation plan shall be submitted to Collier County
Environmental Services Staff for review and approval prior to or with the
submission of the first site development plan for Tracts Q, R or S. The plan
shall include a time schedule and criteria for commencement, monitoring and
completion of the re-vegetation, a statement of guaranteed total survivability, a
summary of the acreages and descriptions of each different vegetative
community and the total number of acres that will be re-vegetated to be credited
towards the twenty-five percent (25%) native vegetation requirement. A final
site inspection by Collier County Environmental Services Staff shall be required
to verify successful re-vegetation. All re-vegetation shall be completed, with
total guaranteed survivability over a three year period, prior to any final
certificates of occupancy issued on Tracts Q, R or S. Survivability shall be
guaranteed by a bond consistent with the bonding provisions for landscaping
pursuant to Section 2.4.3.5 of the LDC.
Co
To satisfy the requirement of a twenty-five (25) foot buffer around wetland
preserves, a non-exclusive easement or tract in favor of Collier County, without
any maintenance obligation, shall be provided for all "protected/preserve" areas
required to be designated on the preliminary and final subdivision plats. Any
buildable lot or parcel subject to or abutting a protected/preserve area required to
be designated on the preliminary and final subdivision plats shall have a
minimum twenty-five foot (25') setback from the boundary of such
protected/preserve area in which no principal structure may be constructed.
17
Fo
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The preliminary and final subdivision plats shall require that no alteration,
including accessory structures, fill placement, grading, plant alteration or
removal, or similar activity shall be permitted within such setback area without
the prior written consent of the Planning Services Director; provided, in no event
shall these activities be permitted in such setback area within ten feet (10') of the
protected/preserve area boundary.
A revised mitigation/compensation plan shall be provided in accordance with
Appendix 7 of SFWMD Rules, to mitigate the wetlands lost by the development
proposed in this PUD. The mitigation plan shall be submitted for review and
approval prior to the issuance of any final development order approvals, with the
exception of Tract "A" which shall be independently mitigated. Revisions shall
include, but not be limited to, an additional five acres of on-site mitigation or
appropriate acres of off-site mitigation.
Wetland monitoring and maintenance programs shall be required for each phase.
An-eighty percent (80%) survivability of the mitigation plantings shall be
guaranteed over a three (3) year period.
All parcels which constitute a protected/preserve which shall include a minimum
of 50.59 acres of required native vegetation. Mitigation areas shall be labeled as
an easement or tract with appropriate protective covenants and shall be dedicated
on the final plat to Collier County without the responsibility of maintenance and
to a property owners' association, or similar entity, with maintenance
responsibility.
The Developer shall conduct an updated survey for red-cockaded woodpecker
foraging activity using the procedures set forth in "Guideline for Preparations of
Biological Assessments and Evaluation for Red-Cockaded Woodpeckers"
(Henry, 1989), on each phase of development prior to any final development
order approval.
Prior to the removal of the three red-cockaded woodpecker cavity trees at the
northwest corner of the PUD as depicted on the map of Tract 'T', submitted on
October 23, 1992 by Q. Grady Minor & Associates or to the encroachment into
the 25-foot protective buffer surrounding these trees, the Developer shall
receive, in writing, confirmation from Florida Fish and Wildlife Conservation
Commission stating that it has no objections.
The Developer shall vacate the conservation easement on the easterly 100 feet of
Tract W, prior to donating the easterly 100 feet of Tract W to Collier County for
road right-of-way.
18
sECTION 8,' TOWNSHIP 50 S. RANSE 26 E, CO'LU~R ¢OUNT~'"'FL~'I~
DA VIS BOULEVARD
L~ND USE M~4 TRIX
TOTAL 161.54 AC
BUILDINGS $$.0 AC
PAVING 21.4 AC
LAKES 21.7 AC
GREEN 35.03 AC
PRESERVE 50. ~9 .A C
ff IMPERVIOUS 47
,~ OPEN SPACE 66
~ PRESERVED 31
N
0 600
Exhibit "A"
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2003-50
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 2nd
day of October, 2003.
DWIGHT E. BROCK
Clerk of Courts and"C~e~k
Ex-officio to Board of ·
County Commission-ers ~
By: Patricia L'~Mg~gan~,'
Deputy Clerk