Ordinance 2003-64 ORDINANCE NO. 03- 6 4
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COUNTY, FLORIDA, BY AMENDING THE OFFICIAL
ZONING ATLAS MAP NUMBERED 8626S BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS NICAEA ACADEMY PUD, FOR PROPERTY
LOCATED EAST OF COLLER BOULEVARD (C.R. 951)
APPROXIMATELY ONE MILE SOUTH OF
IMMOKALEE ROAD (C.R. 846) IN SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF
APPROXIMATELY 119 ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 2000-52,
THE FORMER NICAEA ACADEMY PUD; AND BY
PROVIDING AN EFFECTIVE DATE.
WHEREAS, William Hoover, AICP, of Hoover Planning and Development, Inc.,
representing Barton and Wendy McIntyre, 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:
SECTION ONE:
The zoning classification of the herein described real property located in Section 26,
TownshiP 48 South, Range 26 East, Collier County, Florida, is changed trom "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 Map
numbered 8626S, as described in Ordinance Number 91-102, the Collier County Land
Development Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 2000-52, known as the Nicaea Academy PUD, adopted on August 14,
2000 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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 I~'klqday of ]~6~J~ , 2003.
ATTEST:
DWIGHT E. BROCK, CLERK
? 'b" , ~ ...... ..~ '
~- ? ' :1~ ". o~',
~p~ov~d a~ to'~
Le~,Sufflc~nCy · ~
~mjorie ~. Student
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
TOM HENNING, CHAIRMAI~
This ordinance filed with the
.,,~ta~ of State's Office the
day of
and acknowledgement ~ that
filing received t~his __~ day
of
·
NICAEA ACADEMY PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
BARTON AND WENDY MClNTYRE
2200 Santa Barbara Boulevard
NAPLES, FLORIDA 34116
and
JOSEPH MAGDALENER
540 INLET DRIVE
MARCO ISLAND, FLORIDA 34145
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING & DEVELOPMENT, INC.
3785 AIRPORT ROAD N., SUITE B-1
NAPLES, FLORIDA 34105
and
JEFFREY L. DAVIDSON, P.E.
DAVIDSON ENGINEERING, INC.
2154 TRADE CENTER WAY, SUITE 3
NAPLES, FLORIDA 34109
DATE FILED
DATE REVISED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
January 8~ 2003
May 6~ 2003
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 III RESIDENTIAL AREAS PLAN
SECTION IV PRESERVE AREAS PLAN
SECTION V DEVELOPMENT COMMITMENTS
PAGE
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iii
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3
5
8
12
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EXHIBIT "A"
EXHIBIT "B"
LIST OF EXHIBITS
PUD MASTER PLAN
PUD CONCEPTUAL UTILITY/WATER MANAGEMENT PLAN
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STATEMENT OF COMPLIANCE
The development of approximately 119_+ acres of property in Collier County, as a
Planned Unit Development to be known as the Nicaea Academy 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 Nicaea
Academy 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 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 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 the Urban Mixed Use District, Urban Residential
Subdistrict, on the Future Land Use Map. The westerly side of the project has
40.7 acres of the project located within the Residential Density Band around the
Immokalee Road/Collier Boulevard Activity Center and the remaining 78.3 acres
of the project are outside this Residential Density Band. The 250 proposed units
and resultant density of 2.1 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:
40.7 Acres for an Urban Project Inside a Residential Density Band
Base Density 4 dwelling units/acre
Residential Density Band +3 dwellinq units/acre
Maximum Permitted Density 7 dwelling units/acre
78.3 Acres for an Urban Project Outside a Residential Density Band
Base Density
Maximum Permitted Density
4 dwellinq units/acre
4 dwelling units/acre
Maximum permitted units -- 40.7 acres x 7 dwelling units/acre -- 285 units
plus maximum permitted units = 78.3 acres x 4 dwelling units/acre -- '313
units for a total maximum number of 598 dwelling units at a maximum
density of 5.03 dwelling units/acre.
Requested dwelling units = 250.
Requested density = 2.1 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.
SECTION I
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 the Nicaea Academy PUD.
1.2 LEGAL DESCRIPTION
The subject property being 119_+ acres is fully described as the South Y:, of the
South Y2 of the South 1/2 less the west 100 feet thereof; and the South 1/~ of the
North ~/~ of the South ~ of the South Y2 less the west 100 feet thereof; all in
Section 26, Township 48 .South, Range 26 East, Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is owned by Barton and Wendy Mclntyre, 2200 Santa
Barbara Boulevard, Naples, Florida 34116. The westerly 8 acres of the subject
property is under purchase contract by Joseph Magdalener, 540 Inlet Drive,
Marco Island, Florida 34145 and the easterly 111 acres of the subject property
is under purchase contract by Jacob Nagar, P.O. Box 12228, Naples, Florida
34101.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The subject property is located on the eastern side of Collier Boulevard
just south of the Crystal Lake PUD (unincorporated Collier County),
Florida.
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The entire project site currently has PUD Zoning and is proposed to be
rezoned to PUD.
1.5 PHYSICAL DESCRIPTION
The project site is primarily located within the Cocohatchee Drainage Basin
according to the Collier County Drainage Atlas. The proposed outfall for the
project is the Collier Boulevard Canal located along the western property
boundary.
Natural ground elevation varies from 10.0' NGVD within the onsite wetland areas
to 13.0 feet NGVD in the uplands. The average elevation 'being approximately
1.6
1.7
12.2 feet NGVD. The entire site is located within FEMA Flood Zone "X" with the
base flood elevation undetermined.
The water management system of the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on-site lake/natural
vegetation areas prior to discharge.
The water management system will be permitted by 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, minimum roadway centerline,
perimeter berm and finished floor elevations, water, and wetland hydrology
maintenance.
Per Collier County Soil Legend dated January 1990, the soil type found within
the limits of the property is predominately #18-Riveria Fine Sand, limestone
substratum, and areas of #16-Oldsmar Fine Sand and #10-Oldsmar Fine Sand,
limestone substratum.
The site vegetation consists primarily of slash pine, cabbage palm, and cypress
trees with upland areas of slash pine and saw palmetto.
PROJECT DESCRIPTION
The Nicaea Academy PUD is a project proposed for a maximum of 250
residential units. 125 dwelling units are authorized to obtain building permits
upon the effective date of this Ordinance and the remainder of the 125 dwelling
units shall be authorized to obtain building permits upon the completion of C.R.
951 at a six-lane condition. 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.
SHORT TITLE
This Ordinance shall be known and cited as the "Nicaea Academy Planned Unit
Development Ordinance".
SECTION II
2.1
2.2
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
Regulations for development of the Nicaea Academy 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 Land Development Code and Growth Management Plan 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 plat, final site development plan, 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 building permit application.
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All conditions imposed and graphic material presented depicting
restrictions for the development of the Nicaea Academy PUD shall
become part of the regulations, which govern the manner in which the
PUD may be developed.
All applicable regulations, unless specifically waived through a variance or
separate provision provided for in this PUD Document, shall remain in full
force and effect.
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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.
2.3 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
2.4
2.5
2.6
A maximum of 250 dwelling units shall be constructed in the residential areas of
the project. 125 dwelling units are authorized to obtain building permits upon the
effective date of this Ordinance and the remainder of the 125 dwelling units shall
be authorized to obtain building permits upon the completion of C.R. 951 at a
six-lane condition. The gross project area is 119+ acres. The gross project
density shall be a maximum of 2.1 units per acre.
RELATED PROJECT PLAN APPROVAL REQUIREMENTS
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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, 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 prior to
the issuance of a building permit or other development order.
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. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
Temporary sales trailers and construction trailers can be placed on the
site after site development plan approval and prior to the recording of
subdivision plats, subject to the requirements of Section 2.6.33.3 of the
Land Development Code.
PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAl
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
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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 percent of the total volume
excavated but not to exceed 20,000 cubic yards.
All other provisions of Division 3.5, Excavation, of the Land Development
Code shall apply.
3.1
3.2
3.3
SECTION III
RESIDENTIAL AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the PUD shall be 250
units. 125 dwelling units are authorized to obtain building permits upon the
effective date of this Ordinance and the remaining 125 dwelling units shall be
authorized to obtain building permits upon the completion of C.R. 951 at a six-
lane condition.
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:
Permitted Principal Uses and Structures:
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings and duplexes.
Multi-family dwellings
apartments).
(includes townhouses and garden
Any other use, which is comparable in nature with the foregoing
uses, consistent with the permitted uses of this PUD as determined
by the Board of Zoning Appeals.
Permitted Accessory Uses and Structures:
Customary accessory uses and structures including carports,
garages, and utility 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.
Manager's residences and offices, and model units.
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3.4
4. Gatehouse.
5. Essential services, including interim and permanent utility and
maintenance facilities.
Water management facilities. Such facilities may be incorporated
within the Native Habitat Areas upon receipt of all agency permits
and only if the clearing for such facilities does not cause the native
vegetation acreage to go below 71.15 acres.
Recreational facilities such as boardwalks, walking paths and picnic
areas, within any Natural Habitat Area. Such facilities may be
incorporated with the Native Habitat Areas upon receipt of all
agency permits and only if the clearing for such facilities does not
cause the native vegetation acreage to go below 71.15 acres.
Supplemental landscape planting within Natural Habitat Areas,
after the appropriate environmental review.
Any other use, which is comparable in nature with the foregoing
uses, consistent with the accessory uses of this PUD as
determined by the Board of Zoning Appeals.
DEVELOPMENT STANDARDS
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Table I sets forth the development standards for land uses within the
Nicaea Academy 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 right-of-way line.
If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
Carports are permitted within parking areas and garages are
permitted at the edge of vehicular pavements in multi-family
projects.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS
Minimum Lot Area (per unit)
Minimum Lot Width
SINGLE-FAMILY
7,00O Sq. Ft.
60' Interior Lots (1)
70' Corner Lots
Front Yard Setback 23'
Side Yard Setback
1 Story
2 Story
3 Story
Accessory Structure
Rear Yard Setback
Principal Structure 20'
Accessory Structure 10'
PUD Boundary Setback
Principal Structure 20'
Accessory Structure 20'
Lake Setback (4) 20'
Upland Native Habitat Setback
Principal Structure 25'
Accessory Structure 10'
Wetland Preserve Area Setback 25'
Distance Between Structures
Main/Principal
1 -Story
2-Story
3-Story
Accessory Structures
Maximum Heiqht:
Principal Building
Accessory Building
Minimum Floor Area
0' & 12' or both 6'
0' & 15' or both 7.5'
Not Applicable
6'
TWO-FAMILY
MULTI-FAMILY
5,000 Sq. Ft. NA
90' Interior Lots (1) NA
(45')(2)
110' Corner Lots NA
(55')(2)
23' 15'
0' & 12' or both 6' 7.5'
0' & 15' or both 7.5' 10'
Not Applicable 12.5'
6' 6'
20' 20'
10' 10'
20' 20' (3)
20' 10'
20' 20'
25' 25'
10' 10'
25' 25'
12' 12' 15'
15' 15' 2O'
Not Applicable Not Applicable 25'
12' 12' 12'
2 stories with a 2 stories with a
maximum of 35' maximum of 35'
20' (Clubhouse 35') 20'(Clubhouse 35')
1200 Sq. Ft. 1100 Sq. Ft.
3 Bedroom = 1100 Sq.
(1) May be reduced on cul-de-sac lots and lots on the inside part of curved streets by 25%.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family
structure is on an individually platted lot.
(3) All 3-story buildings shall be set back a minimum of seventy-five (75) feet from the southern
and northern PUD boundary lines.
(4) Lake setbacks are measured from the control elevation established for the lake.
3 stories with a maximum of
45'
20'(Clubhouse 35')
1 Bedroom - 750 Sq. Ft.
2 Bedroom - 900 Sq. Ft.
Ft.
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B. Off-Street Parkinq and Loading Requirements:
Parking 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 Preserve Area Requirements:
A minimum of sixty (60) percent open space, as described in
Section 2.6.32 of the Land Development Code, shall be provided
on-site for any residential project.
A minimum of 71.15 acres of Natural Habitat Areas or Preserve
Areas shall be provided on-site, including both the understory and
the ground cover emphasizing the largest contiguous area
possible. These Natural Habitat Areas or Preserve Areas shall
consist of at least 71.15 acres of native vegetation that is retained
on-site as shown on the PUD Master Plan.
Landscapinq and Bufferinq Requirements:
If landscape buffers are determined to be necessary adjacent to
wetland preserve areas, they shall be separate from those preserve
areas.
Landscaping and buffering shall be provided per Division 2.4. of the
Collier County Land Development Code.
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 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 roofs, except for carports, shall be peaked and finished in
tile, metal, or architecturally-designed shingles (such as Timberline).
Signs
Signs shall be permitted as described within Division 2.5 of the Collier
County Land Development Code.
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4.1
4.2
SECTION IV
PRESERVE AREAS PLAN
PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A", PUD Master Plan.
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.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
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Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, may be approved after
Planning Services Environmental Staff review. All supplemental
plantings within the Preserve Areas may be 100% indigenous
native species.
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Any other use, which is comparable in nature with the foregoing
uses and consistent with the permitted uses of this PUD as
determined by the Board of Zoning Appeals.
SECTION V
5.1
5.2
5.3
5.4
DEVELOPMENT COMMITMENTS
PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
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
regulations applicable to this PUD, in effect at the time of final plat, final site
development plan approval or building permit application as the case may be.
Except where specifically noted or stated otherwise, 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 and assigns, shall be responsible for the commitments outlined in this
document.
The developer, his successor or assignee, shall follow the PUD Master Plan 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.
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.
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.
SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A site development plan shall be submitted per County regulations in effect at
time of site plan submittal. The project is projected to be 'completed in one or
two phases.
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5.5
5.6
The landowners shall proceed and be governed according to the ~ime
limits pursuant to Section 2.7.3.4 of the Land Development Code.
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Monitorinq 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.
ENGINEERING
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Detailed paving, grading, site drainage and utility plans shall be submitted
to the Development Services Department for review. No construction
permits shall be issued unless and until approval of the proposed
construction, in accordance with the submitted plans, is granted by the
Development Services Department.
Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code.
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The developer and its successors and assigns shall be required to satisfy
the requirements of all County ordinances or codes in effect prior to or
concurrent with any subsequent development order relating to this site.
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Prior to final site development plan approval a right-of-way permit shall be
obtained, if required.
WATER MANAGEMENT
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Detailed paving, grading, site drainage and utility plans shall be submitted
to the Development Services Department for review. No construction
permits shall be issued unless and until approval of the proposed
construction, in accordance with the submitted plans, is granted by the
Development Services Department.
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Design and construction of all improvements shall be subject to
compliance with the appropriate provisions of the Collier County Land
Development Code.
A surface water management permit must be obtained from the South
Florida Water Management District.
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No clearing or excavation is allowed until proper vegetation removal and
excavation permits are obtained.
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5.7
5.8
UTILITIES
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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 Collier County and will' be
billed by the County in accordance with the County's established rates.
TRAFFIC
The development of this .PUD shall be subject to and governed by the following
stipulations:
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All traffic control devices and design criteria used shall be in accordance
with the minimum standards as adopted by the Florida Department of
Transportation (FDOT), as amended, and as required by Florida Statutes
- Chapter 316, Uniform Traffic Control Law.
All traffic speed limit postings shall be in accordance with the minimum
standards as adopted by the Florida Department of Transportation
(FDOT) - Speed Zoning Manual, as amended, and as required by Florida
Statutes - Chapter 316, 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 will not be considered for impact fee credits. All such
improvements shall be in place prior to the issuance of the first CO.
Road Impact Fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended.
Access to the Nicaea Academy PUD shall be from Tree Farm Road only.
Any and all points of ingress and/or egress as shown on any and all plan
submittal(s), are conceptual in nature and subject to change as
determined by Collier County Transportation Staff. Collier County
Transportation Staff reserves the right to modify, or close any ingress
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and/or egress location(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.
Any and all median opening locations shall be in accordance with the
Collier County Access Management Policy, as amended, and Land
Development Code, as amended. Median 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. To ensure this the following shall be
the minimum requirements provided:
1. Pedestrian Travel Ways:
a. On local roadways, sidewalks shall be a minimum of five feet in
width.
b. On collector and arterial roadways, sidewalks shall be a minimum of
six feet in width.
2. Bicycle Travel Ways:
On local roadway bike lanes are not required. However, it is
preferred that travel lanes be a minimum of twelve feet in width so as
to accommodate bicyclists.
On collector and arterial roadways in addition to the vehicular travel
lanes bike lanes shall be provided and they shall be a minimum four
feet in width when there is curb and gutter and five feet in width when
them is no curb and gutter.
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Pedestrian and bicycle travel ways shall be separated from vehicular
traffic areas in accordance with recognized standards and safe practi~:es,
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), when determined warranted and approved by
Collier County Transportation Staff. When warranted, upon the
completion of the installation, inspection, burn-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 will then' be
operated and maintained by Collier County Transportation Operations
Department. Any negotiations relevant to "fair share" payment(s), or
reimbursement(s), from any and all other neighboring
developer(s)/property owner(s), that directly benefit from said traffic
signal(s), will be determined based upon percentage of usage/impact.
The developer(s) 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 turn 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 Collier County Transportation Staff.
All work within Collier County rights-of-way shall meet the requirements of
the Collier County Right-of-Way Ordinance Number 03-37, as amended.
All internal access(es), drive aisle(s), and sidewalk(s), not located within
County rights-of-way, will be privately maintained by an entity created by
the developer(s), its successor(s) in title, or assignee(s).
Joint/shared access(es) may be required by Collier County Transportation
Staff, as a condition of site development plan approval.
Frontage, midpoint and/or reverse frontage (backside) interconnection(s)
may be required by Collier County Transportation Staff, as a condition of
site development plan approval.
Prior to development of any and all portion(s) of
development(s), site development plan approval
obtained/received from Collier County Transportation 'Staff.
any and all
shall be
17
In the event that Tree Farm Road, a private road, is used for access to the
site, the road and bridge crossing of the canal shall be improved to
County standards up to the project's entrance points prior to issuance of
the first CO. The final access location points shall be approved at the
time of site development plan submittal. At this time, the developer shall
provide evidence that it can utilize Tree Farm Road for project access
pending title search ownership results.
If a gate is proposed at any and/or all development entrance(s) the gates
shall be designed so as not to cause vehicles to be backed up onto any
and all adjacent roadways. To ensure this result the following shall bethe
minimum requirements:
1. 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).
2. A turn around area of sufficient width and inside turning radii shall be
provided between the aforementioned key pad/phone box and the
proposed gate(s).
The southernmost 40 feet of the parcel shall be reserved for right-of-way
and shall be deeded to Collier County, at no cost to Collier County, within
90 days of receipt of notification by the Collier County Transportation
Services Department that the property is needed for the purpose of
providing a right-of-way for Tree Farm Road improvements.
To assure maximum safety and mobility along the CR 951 corridor and to
achieve maximum access potential for individual properties,
Transportation Services Staff recommends that the developer of this
property pursue a mutual agreement with neighboring property owners to
gain access via Tree Farm Road. Transportation Staff will support a full
median opening at the intersection of CR 951 and Tree Farm Road or
near by alternate location at such time as the adjoining property owners
agree to dedicate the necessary right-of-way and construct Tree Farm
Road in accordance with County standards from the East side of the
Collier Boulevard Canal to one half mile east of Collier Boulevard.
18
5.9
PLANNING
Pursuant to Section 2.2.25.8.1 of the Land Development Code, 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.
If interconnections to existing and future developments are provided, the
interconnection shall include sufficient right-of-way to accommodate the
roadway, sidewalks, and bike lanes. Sidewalks and bike lanes shall be
constructed concurrently with the roadway.
Sidewalks shall connect on-site multifamily residential building(s) to a
sidewalk within a public roadway or, if no sidewalk exists, to the right-of-
way line in accordance with Subsection 3.2.8.3.17 of the Land
Development Code. Should a two-directional shared use path be utilized,
the minimum paved width shall be 10 feet.
5.10
ENVIRONMENTAL
Co
Do
Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Environmental Services Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
The developer shall comply with the guidelines and recommendations of
the Florida Fish and Wildlife Conservation Commission (FFWCC)
regarding impacts to protected wildlife species.
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 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.
All conservation areas shall be designated as conservation/preservation
tracts or easements on all construction plans and shall be recorded on the
plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordance with Subsection
3.2.8.4.7.3 of the Land Development Code.
Eo
Fo
Ho
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places, and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be provided
in accordance with the State of Florida Environmental Resources Permit
Rules and shall be subject to review and approval by the Environmental
Services Staff.
All Category I invasive exotic plants, as defined by the Florida Exotic Pest
Plant Council, shall be removed from within preserve areas and
subsequent annual removal of these plants (in perpetuity) shall be the
responsibility of the property owner.
All approved agency (SFWMD, ACOE, FFWCC) permits shall be
submitted to Environmental Services Department Staff prior to final
plat/construction plan approval.
This PUD shall be consistent with the Environmental portions of the Collier
County Growth Management Plan, Conservation and Coastal
Management Element, and the Land Development Code in effect at the
time of final development order approval.
20
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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 2003-64
Which was adopted by the Board of County Commissioners
on the 18th day of November, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 24th
day of November, 2003.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board
County Commissio
By Ann Jen