Ordinance 2005-21
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\' \- t\t\'\'-" "AN ORDINANCE OF THE BOARD OF COUNTY
~ ,~, ~ COMMISSIONERS AMENDING ORDINANCE
~ W ~ NUMBER 2004-41, THE COLLIER COUNTY LAND
~~ t()Þ. DEVELOPMENT CODE, WHICH INCLUDES THE
~Z~gt~ COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
FLORIDA, BY AMENDING THE APPROPRIATE
ZONING ATLAS MAP OR MAPS TO CHANGE THE
ZONING CLASSIFICATION OF THE HEREIN
DESCRffiED REAL PROPERTY FROM "PUD" TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS
THE WARM SPRINGS RPUD, TO REVISE THE PUD
DOCUMENT AND MASTER PLAN BY INCREASING
THE ALLOWED DWELLING UNITS BY 200 UNITS TO
A MAXIMUM OF 450 UNITS, A DENSITY INCREASE
FROM 2.1 UNITS PER ACRE TO 3.78 UNITS PER
ACRE; TO SHOW A NAME CHANGE FROM NICAEA
ACADEMY PUD; AND REFLECT THE PUD
OWNERSHIP CHANG~., FOR PROPERTY LOCATED
ON THE EAST SIDE OF COLLIER BOULEVARD (CR
951), APPROXIMATELY ONE MILE SOUTH OF
IMMOKALEE ROAD (CR 846), IN SECTION 26,
TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 119± ACRES; u¡
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 03-64, THE FORMER NICEA ACADEMY
PUD; AND BY PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 05- 21
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WHEREAS, Karen Bishop of Project Management Systems Inc., representing Naples
Syndications, LLC, petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE:
. .
The zoning classification of the herein described real property located in Section 26,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to
"PUD" Planned Unit Development known as the Warm Springs RPUD, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate
zoning atlas map or maps, as described in Ordinance Number 2004-41, the Collier County
Land Development Coåe, is/are hereby amended accordingly.
SECTION TWO:
Ordinance Number 03-64, known as the Nicaea Academy PUD, adopted on November
18, 2003, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
1
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 )~ t\. day of Aft \ \ ,2005.
ATTEST:
DWIGHT E. BROCK, CLERK
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Approv6da§ to 'Forin and
Legal Sufficiency
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M81jO . eM. Student-Stirling ~
Assistant County Attorney
PUDZ-A-2004-AR-6142/MB/sp
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~W. ~
FRED W. COYLE, CHAIRM
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2
EXHIBIT "A"
WARM SPRINGS PUD
A Residential Planned Unit Development
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WARM
SPRINGS PUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE, OR SUCCESSOR
CODE.
Prepared
For:
Naples Syndications, LLC
540 Myrtle Road, Naples, Florida 34108
PREPARED
BY:
PMS, Inc. of Naples
2335 Tamiami Trail N. Suite 408, Naples, Florida 34103
239.435.9080 I 239.435.9082fax
AND
MeAnly Engineering & Design, Inc.
5435 Park Central Ct., Naples, Florida 34109
239.593.3299
ORIGINAL DOCUMENT DATE
DA TE FILED
CURRENT DOCUMENT DATE
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
June 18. 2004
June 21, 2004
December 14.2004
December 16,2004
April 26. 2005
'2005-21
TABLE OF CONTENTS
PAGE
Statement of Compliance
Section I Property Ownership and Description 1-1
Section /I Project Development Requirements 2-1
Section /II Residential Areas Plan 3-1
Table Development Standards 3-3
Section IV Preserve Areas Plan 4-1
Section V Development Commitments 5-1
Exhibit "8"
RPUD Master Plan
STATEMENT OF COMPLIANCE
The development of approximately 119.45± acres of property in Collier County, as a
Residential Planned Unit Development to be known as the Warm Springs RPUD will be in
compliance with the planning goals, Objectives and policies of Collier County as set forth in
the Collier County Growth Management Plan. The residential facilities of the Warm Springs
RPUD will be consistent with the growth policies, land development regulations, and
applicable comprehensive planning objectives for the following reasons:
1. The subject property's location in relation to existing or proposed community facilities
and seNices permits the development's residential density as described in Objective 2
of the Future Land Use Element.
2. The project development is compatible and complementary to surrounding land uses
as required in Policy 5.4 of the Future Land Use Element.
3. 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.
4. 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.
5. 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 450 proposed units and resultant density of
3.78 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 ~dwelling units/acre
Maximum Permitted Density 7 dwelling units/acre
78.3 Acres for an Urban Project Outside a Residential Density Band
Base Density 4 dwelling units/acre
Maximum Permitted Density 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 = 450.
Requested density = 3.78 dwelling units/acre.
An additional Bonus Density consideration, available through the Affordable
Housing provisions of the Growth Management Plan and Land Development
Code (LDC), is not requested by this application.
6. All final local development orders for this project are subject to Chapter 6.02.01.
Adequate Public Facilities, of the Collier County Land Development Code.
7. The subject property for development is within the Urban Mixed Use District/Urban
Residential Subdistrict as identified on the Future Land Use Map as provided for in
Objective 1 of the Future Land Use Element and the uses contemplated are consistent
therewith.
8. The project will implement Objective 1 of the Housing Element by providing additional
"workforce housing" dwelling units in Collier County, within the proposed master
planned development.
9. The project will further the implementation of Policy 1.4 of the Housing Element by
providing "workforce housing" in an area where planned infrastructure and services will
be available.
10. The project will act to implement Policy 2.9 of the Housing Element by providing
"workforce housing" dwelling units blended within the planned market rate
development.
11. The development will be compatible with and complementary to existing and planned
surrounding land uses. Specifically, the conservation land use along the north
property line abuts a like land use over the adjacent Crystal Lake PUD. Additionally,
the proposed density of 3.78 units per gross acre which includes 72 workforce housing
units is complementary to the Bristol Pine PUD to the south of the subject parcel,
which has an intensity of 6.98 units per acre and includes a 10% affordable housing
component.
12. The development of the Warm Springs RPUD 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.
13. The Warm Springs RPUD implements Policy 5.6 of the Future Land Use Element in
that more than 60% of the project will provide useable open space, or lands reserved
for conservation purposes.
14. The native vegetation provisions of the Warm Springs RPUD implements Policy 6.1.1
of the Conservation Coastal Management Element in that "naÜve preserves" will be
incorporated into the project design.
ii
15. The Master Development Plan, with its extensive natural area, lakes and open space
areas, and with its moderate residential density, will insure that the developed project
will be an attractive and enjoyable residential development.
16. By virtue that the project must"comply with the provisions of Chapter 6 of the LDC, it
will implement, and further Objective 8 of the Transportation Element.
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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 Warm Springs Residential RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 119.45± acres, is fully described as the South % of the
South % of the South % less the west 100 feet thereof; and the South % of the North
% of the South % of the South % 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 Naples Syndications, LLC, 540 Myrtle Road, Naples,
Florida, 34108.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the eastern side of Collier Boulevard south of
and abutting the Crystal Lake PUD (unincorporated Collier County), Florida.
The property can be further described as being located north of the Bristol
Pines PUD and 30 feet north of the private access easement, proposed to be
included in the future Tree Farm Road.
B. The entire project site currently has PUD Zoning and is proposed to be rezoned
to RPUD.
1.5 PHYSICAL DESCRIPTION
The project site is located outside of any specific drainage basin according to the
Collier County Drainage Atlas. The outfall for the project is the Collier Boulevard
Canal located along the western property boundary and the permitted maximum
discharge rate is 0.15 cfs per acre.
Natural ground elevation varies from 10.0 feet NGVD within the onsite wetland areas
to 13.0 feet NGVD in the uplands. The average elevation being approximately 12.2
feet NGVD. The entire site is located within FEMA Flood Zone "X" with the base flood
elevation undetermined.
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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.
A water management system has been permitted by the South Florida Water
Management District (SFWMD) through the Environmental Resource Permit process.
Rules and regulations of SFWMD have been imposed upon this project including but
not limited to those relative to: storm attenuation, minimum roadway centerline,
perimeter berm and finished floor elevations, water, and wetland hydrology
maintenance. The existing permit and associated ACOE permit is proposed to be
amended reflecting the proposed development change and its drainage requirements.
However, the permit-associated conservation easement and associated
environmental permitting restrictions and requirements and wetland mitigation
requirements shall remain.
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 #16-0Idsmar Fine Sand and #10-0Idsmar 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.
1.6 PROJECT DESCRIPTION
The Warm Springs RPUD is a project proposed for a maximum of 450 residential
units. These units are proposed to be developed as a multi-family project(s).
Recreational facilities and other facilities and services may be provided in conjunction
with the dwelling units. Residential land uses, recreational uses, if applicable, and
signage shall be designed to be harmonious with one another in a natural setting by
using common architecture, quality screening/buffering, and native vegetation,
whenever feasible. The developer has committed to provide 72 workforce housing
units of the total 450 constructed dwelling units under the provisions and restrictions of
the County's provisions for workforce housing.
1.7 PROJECT NAME
This Ordinance shall be known and cited as the "Warm Springs Residential Planned
Unit Development Ordinance"
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SECTION 1/
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and describe the project plan of the
development, relationships to applicable County ordinances, the respective land uses
within the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for the development of the Warm Springs Residential RPUD shall
be in accordance with the contents of this Document, RPUD-Planned Unit
Development District and other applicable sections and parts of the Collier
County Land Development Code, or successor ordinance, and Collier County
Growth Management Plan in effect at the time of development order approval,
where such standards are not otherwise addressed by this Document or the
RPUD Master Plan which is an attachment to this document. Where these
regulations fail to provide development standards, then the provisions of the
most similar district in the Collier County LDC.
The development of this RPUD shall be consistent with the RPUD Master Plan
and its provisions.
Additionally, development of this RPUD shall be governed by and consistent
with the existing SFWMD ERP Number 11-01973-P and the existing ACOE
permit number 200001393 (IP-DEY), as they may be amended. The
regulations contained within the LDC shall govern when more restrictive, unless
exempted by this document.
8. Unless otherwise noted, the definitions of all terms shall be the same as the
definitions set forth in the Collier County LDC, or successor ordinance, in effect
at the time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of the Warm Springs RPUD shall become part of the
regulations that govern the manner in which the RPUD site may be developed.
D. Unless modified, waived or excepted by this RPUD, the provisions of other
sections of the LDC where applicable remain in full force and effect with respect
to the development of the land which comprises this RPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Chapter 6, Adequate Public
Facilities, of the Land Development Code, as may be amended or superceded.
2-1
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan is illustrated graphically by Exhibit "B", RPUD Master Plan.
2.4 DESCRIPTION OF PROJECT DENSITY OR LAND USE INTENSITY
A maximum of 450 residential multi-family dwelling units shall be constructed in the
total project area. The gross project density, therefore, will be a maximum of 3.78
units per acre.
2.5 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREAS MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the
subsequent purchasers of the property within said development in which the common
interest is located, that developer entity shall provide appropriate legal instruments for
the establishment of a property owners' association whose function shall include
provisions for the perpetual care and maintenance of all common facilities and open
space subject further to the provisions of the Section 2.03.06 of the LDC.
2-2
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PJ:!RPOSE
The purpose of this Section is to identify specific development standards for the land
uses as designated on the RPUO Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 450 units,
a gross density of 3.78 units per acre. 72 of the constructed units shall be workforce
housing units.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Multi-family dwellings (includes townhouses, garden apartments, villas,
coach homes, and carriage homes).
2. Neighborhood amenity recreational uses including, pools, tennis courts,
clubhouse, fitness center.
3. Offices, temporary sales trailers, and model units. A portion of the
clubhouse facilities may be utilized as a temporary sale facility. Sales
shall be limited to the onsite development.
4. Any other use deemed comparable in nature with the foregoing uses
approved through the applicable LOC process.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports, garages,
and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis courts,
volleyball courts, fishing docks, walking paths, picnic areas, recreation
buildings, and basketball/shuffle board courts.
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3. Any other use deemed comparable in nature with the foregoing uses and
is approved through the applicable LDC process.
C. General Permitted Uses:
The following uses are permitted through the developable acreage of the
RPUD.
1. Essential services, including interim and permanent utility and
maintenance facilities.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
4. Water management facilities and related structures including lakes with
bulkheads or other architectural or structural bank treatments.
5. Guardhouses, gatehouses, and access control structures.
6. Architectural features and elements including walls, fences, arbors,
gazebos and the like.
7. Temporary construction, sales, and administrative offices for the
developer and developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
8. Landscape / hardscape features including, but not limited to landscape
buffers, berms, fences, water features and walls.
9. Fill storage, site filling and grading.
10. Any other use deemed comparable in nature with the foregoing uses
approved through the applicable LDC process.
3.4 DEVELOPMENT STANDARDS:
A. GENERAL: All yards, setbacks, etc. shall be in relation to the individual parcel
boundaries, except as otherwise provided. See Table I.
3-2
TABLE I
STANDARDS MUL TI-FAMIL Y
Minimum Lot Area 40,000 sf
Minimum Lot Width 1 00 ft
Front Yard Setback (1) 28 ft when separated by parking
from edge of driveway pavement 14 ft when not separated by parking
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Side Yard Setback
1 Story 7.5 ft
2 Story 10.0 ft
3 Story 12.5 ft
Accessory Structure 6.0 ft. I
Neighborhood Amenity the greater of 10ft or % the height of structure I
Rear Yard Setback I
Principal Structure 20 ft ¡
Accessory Structure 10 ft
Lake Setback (from control elevation) 20 ft
PUD Boundary Setback
Principal Structure (2) 75 ft
Accessory Structure 10ft
Lake Setback (measured from control) 25 ft
Entry Gate 1 00 ft
Preserve Setback
: Principal Structure 25 ft
I 10ft
Accessory Structure ,
Distance Between Structures
Main/Principal
1-Story 15 ft
2-Story 20 ft
3-Story 25 ft
Neighborhood Amenity 25 ft
Accessory Structures 12 ft
Maximum HeiQht / Max. No. of Stories:
Principal Building 45 ft / 3 stories
Accessory Building 35 ft / 2 stories I
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Minimum Floor Area 1 Bedroom = 750 Sq. Ft.
2 Bedroom = 900 Sq. Ft.
3 Bedroom = 1100 Sq. Ft,
I TABLE 1 NOTES:
i (1) Setback may include pedestrian sidewalk.
¡ (2) For first 1000 feet of Tree Farm Road the PUD setback for Principal Structures shall be 50 feet.
i TABLE 1 GENERAL NOTES:
! 1. Carports are permitted within parking areas.
3-3
3.5 Open Space Requirement:
3.6 Natural Habitat:
3.7 Conservation Area:
3.8 Architectural Standards:
3.9 Phasing:
60 percent minimum (71.67 acres)
25 percent minimum (29.86 acres)
71.14 acres (existing SFWMD easement)
(includes drainage infrastructure as permitted by
SFWMD within conservation area, enhances
desirable hydration of wetlands) Transition grades
from the boundary of conservation areas shall be as
permitted by the SFWMD.
All buildings, lighting, signage, landscaping and
visible architectural infrastructure shall be
architecturally and aesthetically unified. Said unified
architectural theme shall include: compatible
architectural design and use of compatible materials
and colors throughout all of the buildings, signs, and
fences/walls to be erected on all of the subject
parcels. Landscaping and streets cape materials
shall be the primary unifying design element of the
development.
The project shall be divided within two separate
phases. The first phase shall allow 225 units to be
constructed before the completion of the Collier
Boulevard widening project. The second phase shall
allow the remaining 225 authorized units to be
constructed after the completion of the Collier
Boulevard widening project from Immokallee Road to
Golden Gate Boulevard.
3-4
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the areas
designated as "Preserve" on the RPUD Master Plan, Exhibit "B".
4.2 PERMITTED USES
No building or structure or part thereof, shall be erected, altered or used, or land used,
in whole or in part, for other than the following, subject to regional state and federal
permits when required:
A. Principal Uses:
1. Open spaces / nature preserves.
8. Accessory Uses:
1. Jurisdictional agency permitted infrastructure improvements designed to
be an enhancement to conservation area lands, including water
management structures.
2. Supplemental landscape plantings, screening and buffering after
appropriate environmental approval.
4-1
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with the final site development
plan and all applicable State and local laws, codes, and regulations applicable to this
RPUD in effect at the time of approval. Except where specifically noted or stated
otherwise, the standards and specifications of the development order to which said
regulations relate of the LDC shall apply to this project. The developer, his successor
and assigns, shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall be bound the by the Master Plan and
the regulations of the RPUO, as adopted. In addition, any successor or assignee in
title to the developer is bound by the commitments within this Document.
5.3 RPUD MASTER PLAN
A. Exhibit "B" represents the RPUO Master Plan
B. 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.
5.4 SCHEDULE OF DEVELOPMENT / MONITORING REPORT AND SUNSET
PROVISION
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 two phases.
A. Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 1 0.02.13(F) of the Collier County LOC.
B. The Warm Springs RPUD shall be subject to the Sunset Provisions of Section
10.02.13(0) of the Collier County LOC.
5-1
5.5 UTILITIES
The developer shall provide a30 foot by 50 foot public well easement abutting and
north of the 40 feet dedicated' right-of-way. The applicant has tentatively located the
easement approximately 750 feet east of the southwest corner of the subject property.
Final location shall be determined at the time of site development plan approval.
5.6 SIGNS
All signs shall be in accordance with Chapter 5 of the LDC.
5.7 LANDSCAPING REQUIREMENTS
A.
Landscape Buffers:
RPUD Perimeter Landscape Buffers and Other
Internally Required Landscape Buffers:
1. CR 951 Canal: Where abutting the residential development:
20 foot width, LDC Type 0 Buffer
2. Tree Farm Road: Where abutting the residential development:
20 foot width, LDC Type 0 Buffer
3. Conservation Area: No buffer is required, except as noted elsewhere in
this Document.
5.8 TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FOOT
Design Standards, current edition, and the Manual On Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall
be consistent with and as required by the Collier County LDC.
B. Arterial level street lighting shall be provided at all access points. Access
lighting must be in place prior to the issuance of the first certificate of
occupancy (CO).
C. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan are considered to be conceptual. Nothing
depicted on any such Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall
be approved or denied during the review of required subsequent site plan
or final plat submissions. All such access points shall be consistent with
the Collier County Access Management Policy (Res. 01-247), as it may
5-2
be amended from time to time, and with the Collier County Long-Range
Transportation Plan. The number of access points constructed may be
less than the number depicted on the Master Plan; however, no
additional access points shall be considered unless a RPUO amendment
is approved. .
O. Site-related improvements (as apposed to system-related improvements)
necessary for safe ingress and egress to this project, as determined by
Collier County, shall not be eligible for impact fee credits. All required
improvements shall be in place and available to the public prior to the
issuance of the first CO.
E. Road impact fees shall be paid in accordance with Collier County
Ordinance 01-13, as amended, and Section 6.02.01 of the LOC, as it
may be amended.
F. All work within Collier County rights-of-way or public easements shall
require a right-of-way permit.
G. All proposed median opening locations shall be in accordance with the
Collier County Access Management Policy (Resolution 01-247), as it may
be amended, and the LOC, as it may be amended. Collier County
reserves the right to modify or close any median opening existing at the
time of approval of this RPUO which is found to be adverse to the health,
safety and welfare of the public. Any such modifications shall be based
on, but are not limited to, safety, operational circulation, and roadway
capacity.
H. Nothing in any development order shall vest a right of access in excess
of a right inlright out condition at any access point. Neither shall the
existence of a point of ingress, a point of egress or a median opening,
nor the lack thereof, be the basis for any future cause of action for
damages against the County by the developer, its successor in title, or
assignee.
I. All internal roads, driveways, alleys, pathways, sidewalks and
interconnections to adjacent developments shall be operated and
maintained by an entity created by the developer and Collier Country
shall have no responsibility for maintenance of any such facilities.
J. If any required turn lane improvement requires the use of existing County
right-of-way or easements, compensating right-of-way shall be provided
without cost to Collier County as a consequence of such improvement.
The donated 40' right-of-way shall satisfy this requirement for future turn
5-3
lanes on Tree Farm Road. The developer as outlined in the Developer
Contribution Agreement as it relates to the Warm Springs PUD will pay
for the turn lane improvements on Tree Farm Road.
K. If, in the sole opinion of Collier County, a traffic signal, or other traffic
control device, sign or pavement marking improvement within a public
right-of-way or easement is determined to be necessary, the developer
shall contribute its fair share contribution toward the cost of any such
improvement. Such traffic signals shall be owned, operated and
maintained by the County.
L. The developer shall share in the design and construction costs of
upgrading existing Tree Farm Road to minor collector status. These
upgrades include improvements to the actual roadway and associated
utilities including water and sewer facilities.
M. The developer shall share in the design and construction costs of
upgrading the bridge over the Big Cypress Canal. These upgrades
include sidewalks on each side of the roadway component of the bridge
together with an additional turn-lane.
N. The developer shall share in the costs incurred for the design and
construction of the right turn lane on the northbound side of Collier
Boulevard (CR #951) onto Tree Farm Road.
O. The developer shall provide the on-site water management facilities
associated with the upgrade of Tree Farm Road to minor collector status.
P. Full access from the development onto Tree Farm Road shall be allowed
at the first entrance. Once the second entrance from Tree Farm Road
into the development is completed, the access at the first entrance point
may be limited to egress only, if deemed warranted by the County.
Q. The developer shall pay all actual costs incurred for the design and
construction of an eastbound left turn lane and a westbound right turn
lane from Tree Farm Road leading into the development.
R. The details of the payment of costs associated with the transportation
improvements for the project are set forth in a Developers Contribution
Agreement by and between the developer and Collier County dated
January 11, 2005.
S. The developer shall provide to the Collier County Transportation Division,
a 50-foot Right-of-Way on the eastern portion of the project for the
construction of the WoodcrestlMassey loop Road.
5-4
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5.9 ENVIRONMENTAL
A. This RPUO shall be consistent with the Environmental Sections of the
Growth Management Plan (GMP) Conservation and Coastal
Management Element and the LOC in effect a the time of final
development order approval.
B. All conservation areas shall be designated as easements with protective
covenants. Any such easements shall be in favor of Collier County with
no responsibility for maintenance.
C. 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.
O. A Preserve Area Management Plan shall be provided to Environmental
Staff for approval prior to site construction plan approval identifying
methods to address treatment of invasive exotic species, fire
management, and maintenance.
E. All approved agency (SFWMO, ACOE, FFWCC) permits shall be
submitted prior to final site plan approval.
F. This RPUO shall comply with the guidelines of the USFWS and FFWCC
for impacts to protect species. A Habitat Management Plan for those
species shall be submitted to Environmental Review Staff for review and
approval prior to site plan approval.
G. All principal structures shall have a minimum setback of 25 feet from the
boundary of any preserve. Accessory structures and all other site
alterations shall have a minimum 10 foot setback.
5.10 ARCHAEOLOGICAL RESOURCES
Pursuant to Section 2.03.06(E) of the LOC, if, during the course of site clearing,
excavation or other construction activity an 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.
5.11 POLLING PLACES
Pursuant to Section 2.01.04 of the LOC provision shall be made for the future use of
building space within common areas for the purposes of accommodating the function
of an electoral polling place. An agreement recorded in the official records of the Clerk
5-5
of the Circuit Court of Collier County, which shall be binding upon any and all
successors in interest that acquire ownership of such commons areas including, but
not limited to, condominium associations, homeowners' associations, or tenants'
associations. This agreement shall provide for said community recreation/public
building/public room or similar common facility to be used for a polling place if
determined to be necessary by the Supervisor of Elections.
5.12 AFFORDABLE HOUSING COMMITMENT
Sixteen (16%) percent or 72 of the constructed dwelling units shall be workforce
housing units, meeting the thresholds established by the County. Additionally, the
developer shall comply with the applicable provisions, policies and procedures of the
County's workforce housing program. No density bonus units shall be awarded for this
commitment. These created units shall be owner occupied housing.
5.13 DEVIATIONS
Deviation from LDC, Section 3.05.07 to allow alternative design for the conservation
buffer where abutting residential development: Setback shall be grass or landscaped
and no vegetative buffer shall be required except as provided for by the existing
SFWMD permit, as may be amended. Where development tract(s) abut the
conservation easement, a continuous hedge, 4 feet in height at installation and to be
maintained at a height of 6 feet, shall be provided within the setback area to provide
for a structural buffer. Shade trees or palms shall complement the hedge with a
minimum spacing of 1 per 25 feet and trees and/or palms shall have an overall height
of 10 feet at installation. Required hedge and trees and/or palms shall be native.
5-6
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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 2005-21
Which was adopted by the Board of County Commissioners
on the 26th day of April 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 2nd
day of May, 2005.
DWIGHT E. BROCK .." _,,,,,
Clerk of Courts an~.:~lè!r',k;,,:,"·"
Ex-officio to Boa_r~~"'df""":~~-~~~"'::,
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County Commissio,p:è:i:;~;-;"'f', '" '.~ '
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By: Ann enneJ ohrl~ð~"'''''''''''()'i-' _,'-
"" v ~)'Iq';'J,t .,-
Deputy Clerk ....."...1''-', ,,_-'
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