Ordinance 2004-15ORDINANCE NO. 04- 15
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 NUMBER 8616N AND BY
CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "PUD"
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS TERAFINA PUD, FOR PROPERTY LOCATED
APPROXIMATELY ONE MILE NORTH OF
IMMOKALEE ROAD (CR 846), EAST OF THE QUAIL
CREEK SUBDIVISION AND NORTH OF THE OLD
CYPRESS PUD, IN SECTION 16, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 637 ACRES; PROVIDING
FOR THE REPEAL OF ORDINANCE NUMBER 01-71,
THE FORMER TERAFINA PUD; AND BY PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Robert L. Duane of Hole Montes, Inc., representing GLH Development LLLP,
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 48 South, Range 26 East, Collier County, Florida, is changed fi.om "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
Number 8616N, as described in Ordinance Number 91-102, the Collier County Land Development
Code, is hereby amended accordingly.
SECTION TWO:
Ordinance Number 01-71, known as the Terafina PUD, adopted on November 27, 2001, by
the Board of County Commissioners of Collier County, is hereby repealed in its entirety.
Page 1 of 2
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 q (-h day of ~'~ ~(C~ ,2004.
ATTEST:'
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' ~pro~d,a.s i0"Fom and
Legal Sufficiency
M~jorFq~vl~-SiUdent
Assistant County Attorney
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This ordinance filed with the
Secretary of State's Office the
I_q day of~/~)~, ,~ ~.
and acknowledgement of that
filing received this aC_ cleft
of ..~J~ ,~.__~_-_~C _~
PUDZ-2003 -AR-4 5 28/RB/lo/sp
Page 2 of 2
TERAFINA
A
PLANNED UNIT DEVELOPMENT
PREPARED BY:
HOLE MONTES, INC.
950 ENCORE WAY
NAPLES, FLORIDA 34110
HM PROJECT 1995087
REVISED BY HOLE MONTES ON JULY 25, 2003
REVISED BY HOLE MONTES ON NOVEMBER 29, 2001
REVISED BY COLLIER COUNTY ON OCTOBER 23, 2001
REVISED AUGUST 9, 2001
REVISED JULY, 2001
REVISED JUNE, 2001
REVISED FEBRUARY, 2001
DECEMBER, 2000
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance No.
Amendments & Repeals
F:\PUD Documents\Terafina\3- I 1-04clean.doc
Exhibit "A"
1
SECTION I ·
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
SECTION VII
SECTION VIII
TABLE OF CONTENTS
Page
Statement of Compliance .............................................................. 3
Property Ownership, Legal Description, Short Title and
Statement of Unified Control ......................................... ; ................ 4
Statement of Intent and Project Description ......................................... 5
General Development Regulations ................................................... 6
Preserve Area Requirements ......................................................... 16
Permitted Uses and Dimensional Standards for Residential
Development ..................................................................................................... 18
Permitted Uses and Dimensional Standards for the Recreation Center
and Commercial Uses
· '"'"'"'"'-. .... ......-.-... ..... · ..... ............ ..... . .... ..22
Development Commitments ........................................................... 27
EXHIBITS
Exhibit A - PUD Master Plan
Exhibit B - Legal Description
Exhibit C - Cross Section of Shared Buffer Area between the Olde Cypress PUD and Terafina
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SECTION I
STATEMENT OF COMPLIANCE
The development of 636.8 acres of property in Section 16, Township 48 South, Range 26 East Collier
County, Florida, as a Planned Unit Development to be known as the Terafina PUD, will be in compliance
with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan. The
residential component of the project will be consistent with the growth policies, land development
regulations and applicable comprehensive planning objectives of each of the elements of the Growth
Management Plan for the following reasons: ;
The property is located in the Urban Mixed Use District, Urban Residential Sub-district as depicted on
the Future Land Use Map. The proposed gross density of 1.3 dwelling units per acre is consistent with
the Future Land Use Element of the Collier County Management Plan, which allows up to four (4)
dwelling units per acre at this location or a maximum of 2,586 dwelling units. The proposed density is
based on the original acreage contained in the PUD (646 acres at the time of the initial zoning approval)
prior to the dedication of +9.2 acres for the extension of Logan Boulevard along the Terafina Logan
Boulevard road frontage. The total number of dwelling units proposed is eight hundred and fifty (850)
on 4-168 acres proposed for residential use.
The subject property's location in relation to the existing or proposed community facilities and services
supports the development's residential density as required in Objective 2 of the Future Land Use
Element.
o
o
The proposed development is compatible with and complementary to existing and future surrounding
land uses as required in Policy 5.4 of the Future Land Use Element.
Improvements are planned to be in compliance with applicable land development regulations as set forth
in Objective 3 of the Future Land Use Element.
The proposed development will result in an efficient and economical extension of community facilities
and services as required in Policy 3.1. G of the Future Land Use Element.
The project is planned to incorporate natural systems for water management purposes in accordance with
their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the
Public Facilities Element.
All final development orders for this project are subject to the Collier County Concurrency Management
System, as implemented by the Adequate Public Facilities Ordinance in Division 3.15 of the Land
Development Code (LDC) and further required by Policy 2.3 of the Future Land Use Element.
The proposed 5,000 square feet of Convenience Commercial/Neighborhood Village Center Uses located
within the Recreational Center/Neighborhood Village Commercial Center depicted on the PUD Master
Plan is consistent with the Future Land Use Element PUD Neighborhood Village Center Subdistrict.
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3
SECTION II
PROPERTY OWNERSHIP, LEGAL DESCRIPTION, PHYSICAL DESCRIPTION, SHORT TITLE
AND STATEMENT OF UNIFIED CONTROL
2.1 Property Ownership
2.2
2.3
2.4
The property to be rezoned is owned by:
GLH Development, L.L.L.P. By: G.L. Homes of Naples Associates II, Ltd., the General Panner of
GLH Development, L.L.L.P. By: G.L. Homes of Naples II Corporation, the General Panner of G.L.
Homes of Naples Associates II, Ltd.
Legal Description
The property to be rezoned is described as follows:
Section 16, Township 48 South, Range 26 East, Collier County, Florida, less and except the west 80'
thereof(conveyed to Collier County by that certain Warranty Deed recorded in Official Record Book
3052, Page 0750), and, more particularly described in Exhibit "B"
General Description of Property
The property is located approximately 1.5 miles east ofi-75, and 1 mile north oflmmokalee Road.
Physical Description
The subject property is vacant at the time of the application for rezoning. This site currently drains
from the northeast to the southwest. Soil types on the site are (3) Malafar Fine Sand; (7) Immokalee
Fine Sand; (14) Pineda Fine Sand and Limestone Substratum; (21) Boca Fine Sand; and (25) Boca,
Rivieria, Limestone Substratum, and Copeland Fine Sands, depressional (16) Oldmar Fine Sand (10)
Oldsmar Fine Sand Limestone Substratum. The property is located in Flood Zone X.
The zoning classification prior to the date of approval of this PUD was PUD.
Short Title
2.5
This Ordinance shall be known and cited as the "Terafina Planned Unit Development Ordinance".
Statement of Unified Control
This statement represents that the current property owner has lands under unified control for the
purpose of obtaining PUD zoning on the subject property.
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4
3.1
Introduction
SECTION lB
STATEMENT OF INTENT AND PROJECT DESCRIPTION
3.2
3.3
It is the intent of this Ordinance is to establish a Planned Unit Development meeting the
requirements as set forth in Section 2.2.20 of the Collier County Land Development Code (LDC).
The purpose of this Document is to set forth the regulations for the future development of the project
that meet accepted planning principles and practices, and implement the Collier County Growth
Management Plan.
Project Description
The project contains 636.8 acres and includes land area for residential development including
preservation areas comprising (4-277.74 acres). The maximum number of dwelling units permitted is
eight hundred fifty (850). The project will be developed as a mixed use residential community which
may feature an array of dwelling types and a recreation center providing for activities such as
community gatherings and recreational amenities central to the community residents, including
convenience commercial uses.
Access will be provided from an existing sixty-foot (60') wide easement (recorded in O.R. Book
2429, Pages 0275-0282 of the Public Records of Collier County Florida) that runs from Immokalee
Road north to the southern property limits of the Terafina project, from there access will be provided
from an existing 80' right-of-way conveyed to Collier County by that certain Warranty Deed
recorded in Official Record Book 3052, Page 0750 (in compliance with Paragraph 8.2.H of
Ordinance Number 01-71 (the original Terafina PUD Ordinance) located along the western property
line thus providing access to the south to Immokalee Road and future access for lands located to the
north.
Land Use Plan and Project Phasing
Ao
The PUD Master Plan provides for areas of commercial and residential use, water
management, retained vegetation and road rights-of-way as depicted on Exhibit "A". The
PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts
and related utilities and water management facilities. More specific commitments will be
made at the time of site development plan and permitting approval, based on compliance
with all applicable requirements of this Ordinance, the LDC and local, state and federal
permitting requirements. All tracts may be combined or developed separately subject to
compliance with the applicable dimensional requirements contained within this Document.
The anticipated time of build-out of the project is approximately eight (8) years from the time
of issuance of the first building permit, or 2011. However, actual build-out will depend on
market conditions.
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SECTION 1V
GENERAL DEVELOPMENT REGULATIONS
The purpose of this Section is to set forth the development regulations that may be applied generally to the
development of the Terafina Planned Unit Development and Master Plan.
4.1 General
4.2
4.3
The following are general provisions applicable to the PUD Master Plan:
mo
Regulations for development of the Terafina PUD shall be in accordance with the contents of
this Document, the PUD Planned Unit Development District and other applicable sections
and parts of the LDC and the Collier County 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. 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.
Bo
Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in the LDC in effect at the time of building permit application.
Co
All conditions imposed and all graphic material presented depicting restrictions for the
development of the Terafina PUD shall become part of the regulations that govern the
manner in which this site may be developed.
Do
Development permitted by the approval of this petition shall be subject to a concurrency
review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC.
Eo
Unless specifically waived through any variance or waiver provisions of any other applicable
regulations, the provisions of those regulations not otherwise provided for within this PUD
remain in full force and effect. In the event of conflict between the provisions of this PUD
and the LDC, the provisions of this PUD shall govern. Items not specifically regulated by
this PUD Ordinance shall comply with the provisions of the LDC.
Site Clearing and Drainage
Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the LDC
and the standards and commitments of this Document in effect at the time of construction plan
approval.
Easements for Utilities
Easements, where required, shall be provided for water management areas, utilities and other
purposes as may be required by Collier County. All necessary easements, dedications or other
instruments shall be granted to ensure the continued operation and maintenance of all services and
utilities. Those documents shall be in compliance with the applicable regulations in effect at the
time construction plans and plat approvals are requested. Easements dedicated to Collier County
6
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4.4
shall be counted toward the County's open space and the retention of native vegetation requirements.
project Plan Approval Requirements
Exhibit "A", the PUD Master Plan, constitutes the required PUD development plan. Subsequent to,
or concurrent with PUD approval, a preliminary subdivision plat (if required) shall be submitted for
the entire area covered by the PUD Master Plan. All division of property and the development of the
land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC.
Prior to the recording of the final subdivision plat, final plans of the required improvements shall
receive the approval of all appropriate Collier County governmental agencies to ensure compliance
with the PUD Master Plan, the County subdivision regulations and the plaiting laws of the State of
Florida.
4.5
4.6
4.7
Prior to the issuance of a building permit or other development order, the provisions of Section 3.3
of the LDC, Site Development Plans, shall be applied to all platted parcels, where applicable.
Should no subdivision of land occur, Section 3.3 of the LDC shall be applicable to the development
of all tracts as shown on the PUD Master Plan.
Provision for Off-site Removal of Earthen Material
The excavation of earthen material and its stockpiling in preparation of water management facilities
or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on
buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also
permitted subject to the following conditions:
Excavation activities shall comply with the definition of a "development excavation"
pursuant to Subsection 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten
(10) percent of the total volume excavated up to a maximum of 20,000 cubic yards.
A timetable to facilitate said removal shall be submitted to the Zoning Director for approval.
Said timetable shall include the length of time it will take to complete said removal, hours of
operation and haul routes.
C. All other provisions of Section 3.5 of the LDC are applicable.
Lake Excavation and Set Back Requirements
Lakes shall conform to the requirements described in Subsection 3.5.7.1.1 and Subsection 3.5.7.1.2
of the LDC. A zero (0) foot set back shall be permitted for structures adjacent to lake maintenance
easement areas.
Sunset and Monitorin~ Provisions
The Terafina PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD
Master Plans~ and Section 2.7.3.6, Monitoring Requirements.
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7
4.8
4.9
4.10
4.11
4.12
4.13
4.14
Polling Places
Polling places shall be provided in accordance with Subsection 3.2.8.3.14 of the LDC.
Native Vegetation
The project shall meet the requirements of Division 3.9, Vegetation Removal, Protection and
Preservation of the LDC for the subject property. The preserve areas depicted on the PUD Master
Plan comprise a total of+277.74 acres or forty-three (43) percent of the total site area and exceed the
minimum preservation area requirement of twenty-five (25) percent.
Open Space
In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be
allocated within each subsequent development area. Open space may be in the form of landscaping,
additional buffers, passive or active recreation areas and water management facilities. The total
aggregate of such open space areas shall meet or exceed the open space requirements of Section
2.6.32 of the LDC.
Archaeological Resources
The developer shall be subject to Subsection 2.2.25.8.1 of the LDC pertaining to archaeological
resources in the event such resources are located on the property.
Common Area Maintenance
Common area maintenance, including the maintenance of common facilities, open spaces, and water
management facilities, shall be the responsibility of a homeowners' association to be established by
the developer.
Architectural and Site Design Standards
Development of commercial facilities within the recreation center shall meet the requirements of
Division 2.8 of the LDC.
Silage
A. General
All signage shall be in accordance with Section 2.5 of the LDC, unless such
regulations are in conflict with the conditions set forth in this Section. In that case,
the Terafina Planned Unit Development Ordinance shall govern.
For the purpose of the Terafina Planned Unit Development Ordinance, each platted
parcel shall be considered a separate parcel of land and shall be entitled to any sign as
permitted herein.
F:XPUD Documents\TerafinaX3.11-04clean.doc
Bo
o
Signs internal to the development shall be permitted in public or private fights-of-
way subject to approval of a Collier County right-of-way permit, where applicable.
4. All signs shall be located so as not cause sight line obstructions.
o
All internal project rights-of-way may be utilized for decorative landscaped entrance
features and signage subject to review and approval from the Planning Services
Department for consistency with the requirements set forth herein.
Prior to Site Development Plan (SDP) submittal, a uniform sign plan shall be
required that shall indicate signage location, dimensions, and architectural style. All
signage shall be of a pedestrian scale and shall be of a uniform character.
Boundary Markers
One boundary marker may be located at each property comer for a total of two (2),
adjacent to the Logan Boulevard. rights-of-way. The boundary marker may contain the
name of the project, and the insignia or motto of the development. The sign shall be set
back a minimum of 50 feet from the southern and/or northern perimeter property line.
The area of the project name shall not exceed 16 square feet.
2. The setback from any public right-of-way and any perimeter property line shall be (ten)
10 feet.
3. Boundary markers may be lighted provided all lights shall be shielded in a manner that
prevents direct glare onto adjacent roadways or residences.
Project Entrance Signs
Two ground or wall-mounted entrance signs may be located at the entrance of the PUD
on Logan Boulevard and shall not exceed 40 square feet in size. Such signs may contain
the name of the development, the insignia or motto of the development, and the
developer's name.
°
Where one ground or wall mounted sign is provided the sign face area shall not exceed
80 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 40
square feet in area. The sign face area shall not exceed the height or length of the wall or
monument upon which it is located.
3. The setback for project entrance signs from the public right-of-way and any perimeter
property line shall be 10 feet.
Project entrance signs shall not exceed a height of 10 feet above the finished grade level
of the sign site. For the purpose of this provision, finished grade shall be considered to
be no greater than the highest crown elevation of the nearest road.
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D. Construction Entrance Signs
One sign, a maximum of 20 square feet is size, shall be permitted at each
construction entrance, to identify the entrance as a construction vehicle entrance. No
building permit is required.
Eo
Internal Signs
Directional or identification signs maybe allowed internal to the development. Such
signs shall be used to identify the location or direction of approved uses such as, but
not limited to, models or model sales centers, club house, or recreational areas.
Individual signs shall be a maximum of 8 square feet p~r side in size, or signs
maintaining a common architectural theme may be combined to form a menu board
with a maximum size of 24 square feet per side, and a maximum height of 8 feet.
There shall be no maximum number of permitted directional or identification signs.
Real estate signs with a maximum of 4 square feet per side may be permitted in
residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", or
similar verbiage. No building permit is required.
F. Recreation Center Signs
Signs within the recreation center tract shall be subject to the provisions of SeCtion
4.14 A and E of this Ordinance. Signage within community recreation tracts shall
not be visible from any public road fight-of-way.
G. Traffic Signs
Traffic signs such as street signs, stop signs and speed limit signs shall be designed to
reflect a common architectural theme. The placement and size of signs shall be in
accordance with DOT criteria.
4.15 Off Street Parking and Loading
4.16
All off street parking and loading facilities shall be in accordance with Division 2.3 of the LDC.
Landsca~
All landscaping shall be in accordance with the requirements of Division 2.4 of the LDC and
perimeter buffering shall be provided in accordance with Section 2.4.7 of the LDC. However, the
landscape buffer area along the south property line outside the flow-way shall be constructed in
accordance with Exhibit C.
4.17 Work Force Housing
The owner of the subject property shall provide to Collier County at no cost up to 1,736 dxvelling
units for the purpose of assisting the County's work force housing program. The transfer of the
remaining density and number of dwelling units to be made available for work force housing is based
on the original acreage contained in the PUD (646 acres at the time of the initial zoning approval)
10
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4.18
4.19
4.20
prior to the dedication of+9.2 acres for the extension of Logan Boulevard along the Terafina Logan
Boulevard road frontage. When a work force housing program is developed to utilize the transferred
units, those dwelling units may be transferred to other locations under any terms and conditions the
County deems necessary to achieve the goals of the work force housing program.
Sidewalks/Bikepaths
mo
· Pursuant to Subsection 3.2.8.3.17 of the LDC and the following, sidewalks/bike paths
provisions shall be permitted as follows:
An internal pedestrian walkway system is permitted within; drainage easements.
Sidewalks may be located outside platted rights-of-way, when located within a
separate sidewalk easement.
o
Sidewalks may be located within landscape buffers and/or easements; however,
the landscape buffer shall be increased in width by an amount equal to the
encroachment, at the point of encroachment.
Streets
4. The primary project entry road and main spine road system shall have a minimum
eight foot (8') wide pathway on one side of the street and a five foot (5') pathway on
the other side of the street, or in the alternative a five foot (5') wide pathway on both
sides of the street, which may meander in and out of the right-of-way.
and access improvements
A. Street Right of Way Width
Street right of way width: The minimum right of way width to be utilized for local streets
and cul-de-sacs shall be fifty (50) feet. Drive aisles serving multi-family tracts shall not be
required to meet this standard.
B. Dead-end streets
Cul-de-sacs may exceed a length of one thousand (1,000) feet.
C. Intersection Radii
Intersection radii: Street intersections shall be provided with a minimum oftwenty (20) foot
radius (face of curb) for all intemal project streets and a thirty-five (35) foot radius for
intersections at project entrances.
D. Reverse Curves
Reverse Curves: Tangents shall not be required between reverse curves on any project streets.
Model Homes / Sales Centers / Sales Offices / Construction Offices
A. Construction Offices
1. A temporary use permit shall be granted initially for a' period not to exceed 48 months
in length pursuant to the additional requirements of Subsection 2.6.33.3 of the LDC.
The Zoning Director may extend the temporary use permit for a time period equal to
the date of the issuance of the last certificate of occupancy for the project.
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11
gJ
Model
o
The model homes may use septic tanks or holding tanks for waste disposal subject to
permitting under Rule 64E06, Florida Administrative Code and may use potable or
irrigation wells. Offices located in permanent structures shall be required to connect
to the central utility system at the time it becomes available.
Homes, Sales Centers, and Sales Offices
Model homes, sales centers, and sales offices shall be permitted principal uses
throughout Terafina PUD.
Model homes shall be "wet" or "dry" facilities.
a. "Wet" facilities may be occupied by a sales office and/or representative.
b. "Dry" facilities shall be unoccupied by a sales office and/or representative:
c. Transportation to and from unoccupied model homes shall be provided at a
sales center, which also provides required parking and handicapped
accommodations in accordance with Subsection 2.6.33.4.1.11 of the LDC.
Temporary use permits for model sales centers and sales offices that are located in
permanent structures, other than dwelling units and dry model homes, shall not be
required.
Temporary use permits for (a) model sales centers, (b) sales offices located either in
permanent structures, within a dwelling unit, or in a temporary structure, (c) sales
offices located in multi-family structures, and (d) wet model homes shall be required.
a. The temporary use permit shall be issued initially for a period of four (4)
years. Extensions in excess of this period shall require submittal and
approval of a conditional use petition in accordance with Section 2.7.4 of the
LDC, except where the model sales center, sales office, or wet model home is
single family detached structures and are located within a"model home row".
In that case, the Zoning Director may extend the temporary use permit for an
additional year, and annually until the project is built out.
A model sales center or sales office shall require an approved site plan as follows: in
the case of a permanent structure which is a detached single family dwelling unit, a
conceptual site plan (CSP) which addresses the requirements of Subsection
2.6.33.4.1.11 of the LDC; in the case of a permanent structure which is other than a
dwelling unit, a site development plan (SDP); in the case of a temporary structure
(mobile home or sales trailer), either a conceptual site plan (CSP) which addresses
the requirements of Subsection 2.6.33.4.1.11 of the LDC, or a site improvement plan,
depending on the extent of the work required. All other dwellings unit types require
SDP approval.
A maximum of twelve (12) model homes shall be permitted within this development
prior to final plat approval as permitted above. Model homes to be located within a
detached single-family dwelling unit may be approved following administrative
approval of a plat and construction drawings for all required infrastructure
encompassing the lots on which the models are to be constructed pursuant to
Division 3.2 of the LDC. Temporary use permits for units used for sales centers in
multi-family projects shall not be issued prior to plat recordation and final approval
of the project site development plan.
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12
4.21
7. Unoccupied or dry model homes shall be permitted only in conjunction with an
approved site development plan for a model sales center which provides adequate
parking to support the model(s). Temporary use permits for occupied (wet) model
homes shall require a conceptual site plan which addresses the requirements of
Subsection 2.6.33.4.1.11 of the LDC.
8. These structures may use septic tanks or holding tanks for waste disposal subject to
. permitting under Rule 64E06, Florida Administrative Code and may'use potable or
irrigation wells prior to the availability of the central utility system. When the central
utility system is available, connection to the central system shall be made.
9. All other applicable provisions of the LDC pertaining to model homes, sales centers,
sales offices, and construction office shall apply. ;
Changes and amendments to PUD Document or PUD Ma.qter Plan
Changes and amendments may be made to this PUD Ordinance and PUD Master Plan as provided in
Section 2.7.3.5 of the LDC. Minor changes and refinements as described herein maybe made bythe
developer in connection with any type of development or permit application required by the LDC.
The Zoning Director shall be authorized to approve minor changes and refinements to the Terafina
Master Plan upon written request of the developer. The PUD Master Plan is a conceptual plan
containing approximate acreages of each land use. The actual acreages shall be determined at the
time of preliminary subdivision plat or site development approval and shall be consistent with
jurisdictional agency determinations.
A. The following limitations shall apply to such requests:
1. The minor change or refinement shall be consistent with the Collier County Growth
Management Plan and the Terafina PUD Document.
2. The minor change or refinement shall not constitute a substantial change pursuant to
Subsection 2.7.3.5.1 of the LDC.
3. The minor change or refinement shall be compatible with adjacent land uses and shall
not create detrimental impacts to abutting land uses, water management facilities, and
conservation areas within or external to the PUD.
B. The following shall be deemed minor changes or refinements:
1. Reconfiguration of lakes, ponds, canals, preserve areas or other water management
facilities where such changes are consistent with the criteria of the South Florida
Water Management District or other applicable jurisdictional permitting agency and
Collier County.
2. Internal realignment of rights-of-way, other than a relocation of access points to the
PUD, except where the access point is required by the appropriate jurisdictional
agency.
4. Reconfiguration of residential and recreation parcels when there is no net loss to
areas identified as conservation or preserve.
Approval by the Zoning Director of a minor change or refinement may occur independently
from and prior to any application for subdivision or site development plan approval. Such
approval shall not constitute an authorization for development or implementation of the
minor change or refinement without first obtaining all other necessary County permits and
approvals.
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FSPUD Documents\Terafinak3-11-04ctean.doc
4.22
4.23
4.24
..Landscape Buffers, Berms, Fences, and Walls
Landscape buffers, berms, fences, and walls are generally permitted as a principal use throughout the
Terafina project. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms: 4:1
2. Ground covered berms: Internal to project - 3:1.
3. Rip-rap berms: 1:1 with geotextile mat.
4. Structural walled berms: vertical ~
B. Fence or wall maximum height: six feet (6'), as measured from the finished floor elevation
of the nearest residential structure within the development. If the fence or wall is constructed
on a landscaped berm, the wall shall not exceed six feet (6') in height fi'om the top of berm
elevation for berms with an average side slope of not greater than 3:1 ratio.
C. Entry gates, columns.and control gates and structures shall be limited to a maximum height of
thirty-five (35) feet at the project entrance. Landscape buffers, berms, fences and walls may be
constructed along the perimeter of the Terafina PUD boundary prior to preliminary subdivision
plat and site development plan submittal, however, the required landscape plans shall be
submitted to the Planning Services Department for its review and approval prior to installation.
D. Sidewalks may be located within landscape buffers and/or easements; however, the
landscape buffer shall be increased in width by an amount equal to the encroachment, as
measured at the point of encroachment.
E. A thirty (30) foot wide shared buffer shall be provided between the Terafina project and the
Olde Cypress project to the south outside of the flow way areas depicted on the PUD Master
Plan in accordance with Exhibit "C" of this Ordinance.
Fill Storage
Fill storage is generally permitted as a temporary principal use, not to exceed 36 months, throughout
the Terafina PUD. Fill material generated may be stockpiled within areas designated for residential
development. Prior to stockpiling in these locations, a Vegetation Removal and Site Filling Permit,
along with plans showing the locations and cross-sections of the fill storage areas shall be submitted to
Collier County Planning Services Staff for review and approval. The following standards shall apply:
A. Stockpile maximum side slope: 3' 1
B. Stockpile maximum height: thirty-five (35) feet
C. Fill storage shall not be permitted in Preserve Areas.
General Permitted Uses
Certain uses shall be considered general permitted uses throughout the Terafina PUD except in the
Preservation Areas. General permitted uses are those uses which generally serve the developer and
residents of the Terafina project and are typically part of the common infrastructure or are considered
community facilities.
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Ao
General Permitted Uses:
2.
3.
4.
5. Guardhouses, gatehouses, and access control structures.
6. Community and neighborhood parks, recreational facilities.
7. Temporary construction, sales, and administrative offices for the developer and the
developer's authorized contractors and consultants, including necessary access ways,
parking areas, and related uses.
8. Landscape features including, but not limited to, landscape buffers, berms, fences,
and walls subject to the standards set forth in Section 4.22 of this PUD ordinance.
9. Stock pile storage subject to the standards of Subsection 3.5.7.10.10 of the LDC.
10. 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.
Development Standards:
Unless otherwise set forth in this Document, the following development standards shall apply
to structures:
Essential services as set forth under Subsection 2.6.9.1 of the LDC.
Water management facilities and related structures.
Temporary sewage treatment facilities.
Lakes, including lakes with bulkheads or other architectural or structural bank
treatments.
Setback from back of curb or sidewalk or edge of pavement of any road (whichever is
more restrictive) - twenty-three feet (23') except for guard houses, gatehouses, and
access control structures which shall have no required setback.
Minimum distance between unrelated structures - twelve feet (12')
Maximum height of structures - See Table 1, Development Standards
Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein are to be in accordance with the LDC in effect at the time of
site development plan approval.
All principal structures shall have a minimum setback of twenty-five (25) feet from
the property line of any preserve. Accessory structures and all other site alterations
shall have a minimum of a ten (10) foot setback from the property line.
F:LPUD Documents\TerafinaL3-l 1-04clean.doc
15
5.1
PURPOSE
SECTION V
PRESERVE AREA REQUIREMENTS
5.2
The purpose of this Section is to identify development standards for the Preserve Areas as shown on
Exhibit "A", PUD Master Plan.
PERMITTED USES
The PUD Master Plan provides for (+277.74) acres for upland and wetland preserve areas, or forty-
three (43) percent of the total site area. Minor adjustments may be made to the boundaries of
preserve areas based on wetland permitting considerations.
No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part,
for other than the following structures in accordance with Policy 6.2.6 of the Conservation and
Coastal Management Element of the Growth Management Plan:
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Permitted Principal Uses and Structures
1. Passive recreation areas, boardwalks and recreational shelters;
2. Biking, hiking and pervious nature trails;
3. Water management structures;
4. Mitigation areas;
Any other use, which is comparable in nature with the foregoing uses, consistent with
the permitted uses of this PUD as determined by the Zoning Board of Appeals.
Development Standards:
1. Minimum Yard Requirements
ao
Principal structures shall be required to have a minimum setback of twenty-five
(25) feet from preserve areas. The PUD Master Plan has generally provided for
a twenty-five foot setback from wetlands within the boundary of the preserve
area. At the time of PSP approval further documentation shall be provided that
the twenty-five (25) foot setback will be maintained for principal structures
from wetland areas.
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16
Accessory structures shall be required to have a minimum setback often (10)
feet from preserve areas, unless it can be demonstrated that the structure will
not adversely impact the integrity of that preserve. The PUD Master Plan has
generally provided for a twenty-five foot setback from wetlands within the
boundary of the preserve area. At the time of PSP approval further
documentation shall be provided that the ten (10) foot setback will be
maintained for accessory structures from wetland areas.
Maximum Structure Height
Twenty five (25) Feet
F:LPUD Documents\TerafinaX3-11-04clean.doc
17
SECTION VI
PERMITTED USES AND DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT
6.1 Purpose
The purpose of this Section is to identify permitted uses and development standards for areas within
the Terafina PUD designated for residential development on the PUD Master Plan, Exhibit "A".
6.2 Maximum Dwelling Unit.q
A maximum of eight hundred and fifty (850) dwelling units are permitted off areas designated "R" on
the PUD Master Plan. Dwelling units may be single family or multifamily.
6.3 General Description
The PUD Master Plan designates the following uses for the general use designations on the Master
Plan.
TYPE OF USE AMOUNT OF PERCENT OF
ACREAGE TOTAL ACREAGE
1. Residential 167.87 acres
2. Neighborhood Village/ 7.21 acres
Recreation Site
Rights-of-Way 45.25 acres
Lakes 86.94 acres
Preserve Areas 67.32 acres
Preserve Flow ways 210.42 acres
Open Space 51.71 acres
6.4
26.83 %
1.13 %
3. 7.11%
4. 13.65 %
5. 10.57 %
6. 33.05 %
7. 8.12%
TOTAL:
636.72 acres 100.00 %
The approximate acreage of the residential areas is depicted on the PUD Master Plan. Actual
acreage of all development tracts will be provided at the time of site development plan or final
subdivision plat approval in accordance with Division 3.3, and Division 3.2, respectively, of the
LDC. Residential areas are designed to accommodate internal roadways, open spaces, recreational
amenity areas, water management facilities, and other similar uses typically found in residential
areas.
Permitted Uses and Structures
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:
Single family detached dwellings
Zero-lot line dwellings
Two-family and duplex dwellings
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Single family attached and townhouse dwellings
Multi-family dwellings, including garden apartments
Recreational facilities such as parks, play grounds, and pedestrian
sidewalks/bikepaths
Model homes and sales centers
Any other use, which is comparable in nature with the foregoing uses, consistent with
the permitted uses of this PUD as determined by the Zoning Board of Appeals
Accessory Uses and Structures
Accessory uses and structures customarily associated with principal residential uses
permitted in this subdistrict, including recreational facilities, maintenance facilities,
recreation center, swimming pools, spas, screen enclosures, recreational facilities
designed to serve the development, and essential services.
Any other use, which is comparable in nature with the foregoing uses, consistent with
the permitted uses of this PUD as determined by the Zoning Board of Appeals.
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19
6.5 Development Standards
:TABLE 1
DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS
PERMITTED USES AND SINGLE ZERO TWO SINGLE MULTI-
STANDARDS FAMILY LOT FAMILY FAMILY 'FAMILY
~" DETACHED LINE & ATTACHED DWELLING
DUPLEX AND
TOWNHOUSE
Minimum Lot Areas 6,000 S.F. 3,500 3,500 S.F.(]) 3,000 S.F. per 1 AC
S.F. d.u.
Minimum Lot Width (2) 50 35 45 30 100
Front Yard Setback 20® 15® 15® 20® 20(4)
(principal and accessory uses)
Side Yard Setback 6.0 0 or 12 0 or 6 0 or 12 .5 BH
Rear Yard Setback:_Principal 20 20 20 20 25
- lots back to back.
Rear Yard Setback: Principal 10 I0 10 10 15
- lots abutting lakes easement
areas and common open space
areas
Rear Yard Setback:.Accessory 10 10 10 10 10
Structures
Rear Yard Setback: accessory 5 5 5 5 5
pools and spas(s) - lots back to
back.
Rear Yard Setback: accessory 3 3 3 3 3
screen enclosures - lots back
to back.
Rear Yard Setback: accessory 3 3 3 3 3
pools and spas® - lots
abutting lakes easement areas
and common open space areas
Rear Yard Setback: accessory 0 0 0 0 0
screen enclosures - lots
abutting lakes easement areas
and common open space areas
Maximum Building Height 35 35 35 35 35
Distance Between Structures N/A N/A N/A 10 .5 BH
Floor Area Min. (SF) 1600 1400 1200 1200 1200
Preserve Area Setback: 25 25 25 25 25
Principal Structures
Preserve Area Setback: 1 0 10 10 10' 10
Accessory Structures
All H~cf~,~o,~ .... :~ ~e^_..._~ ~,
:es are ~n feet unless otherwise noted.
BH = Building Height
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20
Notes
2
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Each halfofa duplex unit requires a lot area allocation of thirty-five hundred (3,500) square
feet for a total minimum lot area of seven thousand (7,000) square feet.
Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located
on curvilinear streets provided the minimum lot area is still maintained.
Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a
twelve (12) foot sideyard.
Setbacks shall be measured from the back of the sidewalk to the face of the garage door and
shall be no less than 23 feet. Should the garage door be side loaded, there shall be a 23 foot
wide paved, cleared area on a perpendicular plane to the garage door or plans shall ensure
that parked vehicles will not interfere with pedestrian traffic.
All development lots/units shall meet Sections 2.4.6 and 2.4.7. respectively, of the LDC
standards for minimum landscape and buffers.
Do
Building height shall be the vertical distance from the first finished floor to the highest point of the
roof surface of a flat or Bermuda roof, to the deck line of a mansard roof, and to the mean height
level between eaves and ridge of gable, hip or gambrel roof. Accessory buildings shall be limited to
a height of twenty-five (25) feet above grade.
Development of individual tracts has not been finalized at the time ofrezoning with respect to the
particular type of residential dwellings. The location and mixture thereof, will be based upon the
following factors for the harmonious development of each tract with a minimum of interference
between different housing types based on the following criteria.
1. Physical separation of housing types into discrete areas.
2. Landscape or constructed barriers between different housing types meeting at a minimum the
standards of Division 2.4, Landscaping of the LDC.
3. Separation of housing types by common amenities.
Maximum lot coverage will result from the application of the above development standards on
individual lots and no other limitations shall apply to lot coverage for residential structures.
Only single family detached and zero lot line dwelling units are permitted along the southern
property line adjacent to the Olde Cypress PUD, outside the flow-way depicted on the PUD Master
Plan.
F:~PUD Documents\TerafinaX3- I 1-04clean.doc
21
SECTION VII
PERMITTED USES AND DIMENSIONAL STANDARDS FOR
RECREATION CENTER/NEIGHBORHOOD VILLAGE CENTER COMMERCIAL USES
7.1 Purpose
The purpose of this Section is to identify permitted uses and development standards for areas
within Terafina PUD designated on the Master Plan as "Recreation Center / Neighborhood
Village Center".
7.2 General Description
The approximate acreage of the Recreation Center is indicated on the PUD Master Plan.
This acreage is based on conceptual designs and is approximate. Actual acreages of all
development tracts will be provided at the time of site development plan or preliminary
subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of
the LDC. The Recreation Center/Neighborhood Village Commercial Center is designed as a
mixed use area which will accommodate a variety of active recreational and personal services
for the Terafina residents and guests.
7.3 Permitted Uses and Structures
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:
Recreational facilities and structures such as pools, fitness facilities, clubhouse,
community buildings, playgrounds, playfields, and tennis courts.
B. Commercial uses permitted in Section 7.4(G) of this Document.
C. Permitted accessory uses and structures
Accessory uses and structures customarily associated with principal uses
permitted in the subdistrict including pool equipment buildings and storage
areas.
7.4
Any other use, which is comparable in nature with the foregoing uses,
consistent with the permitted uses of this PUD as determined by the Zoning
Board of Appeals.
Development Standard~
Minimum Yard Requirements:
2.
3.
4.
Front Yard: 25 feet
Side Yard: 15 feet
Rear Yard: 15 feet
Setback from the property lines abutting the lake easement area: Zero feet for
22
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Fo
all principal and accessory structures.
5. All principal structures shall have a minimum of a twenty-five (25) foot
setback from the boundary of the preserve area. Accessory structures shall
have a minimum of a ten (10) foot setback.
Maximum height of structures - Fifty (50) feet; except clock towers or similar
architectural features which shall be permitted up to sixty-five (65) feet.
Minimum distance between principal structures- Ten (10) feet, or greater, if required
by local fire codes in effect at time of development.
Minimum distance between accessory structures - Ten (10) feet:
Parking for recreational/non-commercial uses and structures located within the
Recreation Center - one (1) space per 300 square feet. Said requirement only applies
to non-commercial uses.
A maximum of 5,000 square feet of gross leaseable floor area for commercial uses is
permitted within the Recreational Center/Neighborhood Village Commercial Center.
The requirements for the Recreation Center/Neighborhood Village Commercial
Center component of the PUD are set forth as follows:
Land area requirement. Commercial uses shall not exceed a maximum of
5,000 square feet of gross leaseable floor area in the Recreation
Center/Neighborhood Village Commercial Center.
°
Maximum floor area ratio: 0.25 for the commercial component, not to exceed
a maximum of 5,000 square feet of gross leaseable floor area.
3. Permitted Commercial uses as set forth in Subsection 2.2.20.4.7.1.3.1 of the
LDC in effect as of the dat_e of adoption of this PUD Ordimance:
Major Category
a. Groups 6021-6029
b. Group 6531
c. Group 5251
d. Group 5331
e. Group 5399
£ Group 5411
Specific uses:
Commercial banks-Drive-through
facilities are prohibited.
Real estate agents and managers for
property with PUD only.
Hardware store only - 2,500 sq. fi.
maximum floor area.
Variety stores-2,500 sq. ft.
maximum floor area.
Miscellaneous general merchandise
store, except catalog showrooms-
2,500 sq. ft. maximum floor area.
Grocery stores, except frozen food
and freezer plants, 10,000 sq. ft.
maximum floor area.
g. Group 5421 Fish, meat, and seafood markets
23
F:~PUD Documents\Terafina\3-11-04clean.doc
h. Group 5431
i. Group 5461
j. Group 5499
k. Group 5541
1. Groups 5611-5661
m. Group 5735
n. Group 5812
o. Group 5921
5947
q. Group5949
r. Group 5992
s. Group7212
t. Group 7215
u. Group 7219
v. Group 7231
w. Group7241
x. Group 7299
y. Group 7349
z. Group 7841
aa. Group 7991
bb. Groups 8011-8021
cc. Group 8041
only.
Fruit and vegetable markets.
Retail bakeries.
Health food store only-2,500 sq. fi.
maximum floor area.
Gasoline service stations, except
truck stops.
Apparel and accessory stores-2,500
sq. ft. maximum floor area.
Record and prerecorded tape stores.
Eating places, except caterers and
industrial and institutional food
service establishments, dinner
theaters, drive-in restaurants and
restaurants with drive-through
facilities.
Liquor stores.
Girl, novelty, and souvenir shops.
Sewing, needlework, and piece
goods stores.
Florists
Agents for laundries and drycleaners
only.
Coin-operated laundries and dry
cleaning.
Diaper service, and garment
alteration and repair shops only.
Beauty shops, except beauty schools
and cosmetology schools.
Barber shops, except barber
colleges.
Depilatory salon, electrolysis,
massage parlor, shopping service for
individuals, and tanning salons only.
Housekeeping and maid service
only.
Video tape rental.
Physical fitness facilities
Offices and/or clinics of physicians,
and offices and/or clinics of dentists.
Offices and clinics of chiropractors.
Permitted Non-Commercial uses: In addition to the above commercial uses, the
Recreation Center/Neighborhood Village Commercial Center may also contain
recreational facilities and other amenities of the PUD, such as a clubhouse,
community center or day care center.
F:LPUD Documents\TerafinaX3-11-04clean.doc
24
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Unified plan of development and common ownership. The Recreation Center /
Neighborhood Village Commercial Center shall be a unified, and architecturally
integrated, plan of development with common ownership of all of the property that
comprises the neighborhood village center.
Locational criteria and functional operation. The following locational criteria and
functional operating characteristics shall characterize the Recreation
Center/Neighborhood Village Commercial Center:
The Recreation Center/Neighborhood Village Commercial Center
shall be internally located within the PUD ~uch that the site has no
direct access to roads external to the PUD. The Center shall be
located a minimum of 660 feet from the nearest external roadway
providing access to the PUD. The Center shall be located a minimum
of 330 feet from the perimeter boundaries of the PUD.
The Recreation Center/Neighborhood Village Commercial Center
shall be located within a 1,760 radius of 40 percent of the total
number of approved residential units.
Co
The Recreation Center/Neighborhood Village Commercial Center
shall be pedestrian-friendly. This means minimal dependency upon
access by automobiles and with location and design to encourage
pedestrian access, which shall be reflected in the pedestrian walkway
system for the entire PUD.
Off-street parking and design. In recognition of the pedestrian-friendly design of the
Recreation Center/Neighborhood Village Commercial Center, as required in section
2.2.20.14.5.c. of the LDC, the number of required off-site parking spaces shall only
be 50 percent of that required by section 2.3.16 of the LDC. However, the number of
off-street parking spaces provided shall not exceed 75 percent of that required by
section 2.6.13. In all other respects, off-street parking areas shall be designed in
accordance with the provisions of division 2.3 and 2.4 of the LDC.
__Desien guidelines. The Recreation Center/Neighborhood Village Commercial Center
shall be subject to, and in compliance with, the design guidelines identified to
Division 2.8 of the LDC except as otherwise excepted or required herein.
Signs. A unified sign plan shall be submitted and made a part of the approval for the
Recreation Center/Neighborhood Village Commercial Center Site Development Plan.
The approved unified sign plan will establish signage specifications and will
therefore become the sign regulations that will apply to the Recreation
Center/Neighborhood Village Commercial Center. The unified sign plan shall adhere
to Section 2.8.3.6.2.1 .of the LDC, except that pole signs are prohibited. Signs shall
be designed so that their size and location are pedestrian-oriented.
F:~PUD Documents\TerafinaX3-11-04clean.doc
25
10.
Phasing of development. The construction of up to 5,000 square feet of permitted
commercial uses at the option of the developer is allowed within the Recreation
Center/Neighborhood Village Commercial Center at such time as the developer
determines that there is a demand for limited commercial uses in the market place.
26
F:\PUD Documents\Terafinak3-11-04clean.doc
SECTION VIII
8.1
DEVELOPMENT COMMITMENTS
Environmental Standards
The purpose of this Section is to set forth the environmental commitments of the project developer.
Vegetative preserve areas depicted on the PUD Master Plan are permitted for open space and
passive recreational uses only. Vegetated preserve areas may be reconfigured provided all
other applicable requirements of this Ordinance are met. All preservation areas shall be
designated as preservation areas 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.
Bo
Environmental permitting shall be in accordance with the State of Florida Environmental
Resource Permit Rules and be subject to review and approval by Environmental Services
Department Staff.
Native vegetation preservation shall conform to the requirements of Subsection 3.9.5.5.3 oft~
LDC. For this site, a minimum of 277.74 acres of native vegetation shall be retained on site.
An exotic vegetation removal, monitoring and maintenance (exotic flee) plan for the site,
with emphasis on the preservation area, shall be submitted to the Environmental Services
Department Staff for review and approval prior to final site plan/construction approval. A
schedule for exotic removal within all preservation areas shall be submitted with the above-
referenced plan.
Eo
The petitioner 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 protected wildlife species. Where protected species
are observed on site, a habitat management plan for these protected species shall be
submitted to Environmental Services Department Staff for review and approval prior to final
site plan/construction plan approval.
Fo
The applicant shall be subject to all environmental ordinances in effect at the time of
development order approvals to which said regulations relate.
Portions of the PUD designated as a preserve area along the eastern portion of the property
will be connected as a flow-way with the flow-way areas to the south in the Olde Cypress
PUD District and flow-way areas to the east in the Marisol PUD District to improve water
management function in the general area and to lessen flooding.
All principal structures shall have a minimum setback of 25 feet from the boundary of ar~
preserve. Accessory structures and all other site alterations shall have a minimum 1 O-foot setbacl
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.
27
F:LPUD Documents\TerafinaX3-11-04clean.doc
8.2
8.3
Transportation Requirements
The purpose of this Section is to set forth the transportation commitments of the project
development.
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The developer shall provide arterial level street lighting at the project entrance. Such lighting
shall be in place prior to the issuance of any certificate of occupancy.
The road impact fee shall be as set forth in the Consolidated Impact Fee Ordinance No. 01-
13, or successor ordinance. Said fees shall be paid at the time building permits are issued or
as provided for by the Adequate Public Facilities Ordinance.
Internal access improvements shall not be subject to impact fee credits and shall be in place
before any certificates of occupancy are issued.
All traffic control devices used shall conform to the Manual on Uniform Traffic Control
Devices as required by Chapter 316.0745, Florida Statutes.
Roads internal to the project serving the residential uses shall be private and dedicated to the
homeowners association which shall be responsible for the perpetual maintenance of said
roadways.
Fo
The developer shall provide tum lanes at the project entrance prior to the issuance of the first
certificate of occupancy for the first structure in accordance with the Collier County Public
Right-of-Way Manual and Ordinance Number 82-91, or successor ordinance.
The developer shall make a fair share contribution towards the capital cost of traffic signals
at the project entrance when deemed warranted by the Transportation Services Administrator,
or his designee. These signals will be owned, operated and maintained by Collier County.
Ho
An additional twenty (20') feet of right-of-way shall be provided along the western edge of
the Terafina project to provide for a total of eighty (80') feet of right-of-way along the
extension of Logan Boulevard. A sixty (60') foot right-of-way presently exists. The
developer shall construct the extension of Logan Boulevard to the proposed project entrance
for Terafina. The additional road right-of-way will be dedicated to Collier County at the time
of platting or within ninety (90) days of the request of Collier County.
The Terafina PUD is vested for traffic concun'ency associated with the executed Standard
Form Collier County Contribution Agreement for Road Impact Fee Credits (No. 2002-009-
TR-GL Homes) dated December 17, 2002.
Jo
The developer may commence on-site horizontal construction within the Terafina project at
the time that the four-laning of Immokalee Road is complete up to C.R. 951.
Utility Requirements
The purpose of this Section is to set forth the utilities and engineering commitments of the project
developer.
FSPUD Documents\Terafina~3-11-04clean.doc
28
8.4
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. 01-156, as amended, and other
applicable County rules and regulations.
Bo
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 Countyin accordance
with the County's established rates. Should the County not be in a position to provide sewer
service to the project, the sewer customers shall be customers of the interim utility
established to serve the project until the County's off-site sewer facilities are available to
serve the project.
Co
Prior to approval of construction documents by the County, the developer shall present
verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service
Commission has granted territorial rights to the developer to provide sewer service to the
project until the County can provide these services through its sewer facilities.
Do
The utility construction documents for the project's sewerage system shall contain the design
and construction of an on-site force main which will ultimately connect the project to the
future central sewerage facilities of Collier County. The force main shall be interconnected
to the pump station with appropriately located valves to permit for simple redirection of the
project's sewage, when connection to the County's central sewer facilities becomes available.
Eo
Easements shall be provided to Collier County Utilities Department for three separate well
field locations. Two of the well site areas shall be approximately 30 by 30 square feet in area.
The third site will be approximately 40 by 40 square feet in area to provide for a well house.
These sites will be spaced a minimum of ¼ of a mile apart. These facilities shall be located
along the eastern edge of the Logan Boulevard right-of-way or, in the alternative, along a 30
foot easement along the northern property line shared with the Parklands PUD, if feasible.
An easement or easements for these areas shall be conveyed to Collier County Utilities
Department upon request.
Engineering Requirements
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 detailed paving, grading, site drainage and utility plans are submitted and until
approval of the proposed construction, in accordance with the submitted plans, is granted by
the Development Services Department.
Bo
A copy of the SFWMD Surface Water Management Permit must be received by the
Development Services. staff prior to any construction drawing approvals.
Co
Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to
define the right-of-way and tracts shown on the PUD Master' Plan.
F:~PUD Documents\TerafinaX3-11-04clean.doc
29
8.5
8.6
Do
The developer and all subsequent owners of this project shall be required to satisfy the
requirements of all County Ordinances in effect prior to or concurrent with any subsequent
development order relating to this site, including but not limited to preliminary subdivision
plat, site development plan and any other development orders.
Water Management Requirements
The purpose of this Section is to set forth the water management commitments of the project
developer.
Design and construction of all improvements shall be subject io compliance with the
appropriate provisions of the LDC, except that excavation for water management features
shall be allowed within twenty (20) feet from side, rear or abutting property lines, with side,
rear or abutting property lines fenced.
Landscaping may be placed within the water management area in accordance with the criteria
established within Subsection 2.4.7.3 of the LDC.
Do
The wet season water table elevation shall be established at the time of South Florida Water
Management District (SFWMD) permitting which is required for the subject property.
A surface water management permit shall be obtained from the SFWMD prior to any
subdivision or site plan approval.
Fo
Should the extension of Logan Boulevard be constructed by The Parklands developer, the
Terafina developer shall provide for the necessary area for storm water management within
the boundaries of the Terafina project.
The Terafina property is subject to that certain "Amended and Restated Flow-way
Agreement" between Imcollier Joint Venture, a Florida general parmership, as assignee of
J.D. Nicewonder, GLH Development, LLLP, as successor in title to Robert Vocisano as Co-
trustee under land trust agreement dated May 24, 1995, and Olde Cypress Development, Ltd.,
together with all schedules thereto, as any of the foregoing have been or may be amended.
Parks and Recreation Facilities
A playground for children shall be provided. The playground shall be located within the recreation
area depicted on the PUD Master Plan.
F:LPUD Documents\TerafinaL3-11-04clean.doc
30
EXHIBIT B
LEGAL DESCRIPTION
ALL OF SECTION 16, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COIJIER COUNTY,
FLORIDA, SUBJECT TO PHOSPHATE, MINERAL, METAL AND PETROLEUM
RESERVATIONS RESERVED TO THE STATE BOARD OF EDUCATION IN DEED
RECORDED IN DEED BOOK 37, PAGE 93, PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND EXCEPTING THE WEST 80 FEET.
W:\1995\1995087LRLDLOUD'~EXHIB IT B - LEGAL DESCRIPTION.doc
This instrumen! prepared by:
Timothy G. Hains, Esq.
QUARLES & BRADY LLP
4501 Tamiami Trail North, Suite 300
Naples, Florida 34103
S 10.50 recording
S III., ,q 41. ;40 documentary stamps
Property ID Number: 00183600000
3178685 OR: 3284 PG: 1227
IICOIDID ~n OIFXCIAL I1COIO6 of COg, Ill COUFIq, IL
05/0112003 at OI:05All OlI~f I. BI0Cl,
COIS 1516151&.00
IIC fll 10.50
DOC-.70 111241.20
~llLl$ & BIAD!
4501Yld(Zim Tit I 1300
IIIPLIS IL 34103 3060
SPECIAL WARRANTY DEED
THIS INDENTURE, made this ,~ day of May, 2003, between Robert Vocisano,
as Trustee under Land Trust Agreement dated May 24, 1995, whose mailing address is: 4100
Golden Gate Parkway, Naples, Florida 34116, (the "Grantor"), and GLH Development,
L.L.L.P., a Florida limited liability limited partnership, whose mailing address is: 1401
University Drive, Suite 200, Coral Springs, Florida 33071 (the "Grantee").
WITNESSETH, that said Grantor, for and in consideration of the sum of T~ Dollars,
and other good and valuable consideration to said Grantor in hand paid by said Grantee, the
receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grante~,
and Grantee's successors and assigns forever, the following described land, situate, lying and
being in Collier County, Florida, to-wit:
Ali of Section 16, Township 48 South, Range 26 East, CoLlier County, Florida, less
and except the Westerly 80 feet thereof.
Subject to covenants, easements, restrictions and reservations of record but without
rcimposing same; existing zoning and governmental regulations; real estate taxes for the
current and subsequent years.
The subject property is vacant land and is not the homestead property of the Grantor, nor
is it contiguous thereto. Thc Grantor resides at 165 Second Avenue North, Naples, Florida
34102.
THIS DEED is an absolute conveyance and said Grantor will warrant and defend thc
property hereby conveyed against the lawful claims and demands of all persons claiming by,
through, or under said Grantor, but against none other.
TO HAVE AND TO HOI.,D The same, in fee simple forever.
TOGETHER WITH all the hcreditaments and appurtenances thereunto belonging or in
anywise appertaining to the property hereby conveyed.
QBN A P~390514.2
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 2004-15
Which was adopted by the Board of County Commissioners
on the 9th day of March, 2004, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of March, 2004.
DWIGHT E. BROCK
Clerk of Courts and, Clerk
Ex-officio to BQard of
County CommiSsioners
By: Maureen Kenyoh'~,
Deputy Clerk