Ordinance 2005-29
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4Q " .... ð' . ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
'- ~<i 9t-----.\ 1,....,'V ÇÙLLIER COUNTY AMENDING ORDINANCE NUMBER 2004-41, AS
'.....~ 9&....~ ../'''AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE,
"·...__.w...- WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA TI9t!S ~
FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLO~ ~
BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR M~šî ~
BY CHANGING THE ZONING CLASSIFICA TION OF THE HERSffi:, ~
DESCRIBED REAL PROPERTY FROM THE RURAL AGRICULTURE ~ -
AND COMMUNITY FACILITY (CF) ZONING DISTRICTS TO ~ ;s::.
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONIÑ&, :s:
DISTRICT FOR A PROJECT TO BE KNOWN AS THE COOK PROPERæ: \.f!
PUD LOCATED AT 7700 AND 7792 DAVIS BOULEVARD (ST ATE ROU~ . 0
NUMBER 84 ), APPROXIMATELY 1,700 FEET EAST OF SAN~
BARBARA BOULEVARD IN SECTION 9, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 40.48 ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
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WHEREAS, Christopher Hagan, of Johnson Engineering, Inc. and Richard D. Y ovanovich, of
Goodlette Coleman & Johnson P.A., representing Toll Brothers, Inc, the petitioner and Michael Cook,
A.W. Cook, and Cook Theaters, Inc. the property owners, in Petition Number PUDZ-2004-AR-6192,
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 9, Township
50 South, Range 26 East, Collier County, Florida, is changed from the Rural Agriculture (A) and
Community Facility (CF) Zoning Districts to Residential Planned Unit Development in accordance
with the Cook Property RPUD Document, attached hereto as Exhibit "A" and incorporated by
reference herein. The appropriate zoning atlas map or maps as described in Ordinance Number 2004-
41, as amended, the Collier County Land Development Code, is/are hereby amended accordingiy.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED A;[ DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this / t./ ~ay of JU/11 L- , 2005.
.,j',
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY: ~ W r -... ~(')
FRED w. COYLÈ C~
Page 1 of 1
This ordinance filed with the
j.i~.f-tary of tote's Offát1f5
doy of ,
and ocknowl geme.t'~tha1
f~ ,"co;'" this a..L::..' day
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By )1; ~1'~ .:0(.
DepI.1t'y, lerk
~~i Th· {kt~t-~
Marj ie M. Student-Stirling .
Assistant County Attorney
Community Development and Environmental Services Division
THE COOK PROPERTY
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE COOK PROPERTY RPUD, A RESIDENTIAL PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE.
PREPARED FOR:
TOLL BROTHERS, INC.
28341 S. TAMIAMI TRAIL
BONITA SPRINGS, FL 34134
PREPARED By:
GOODLETTE, COLEMAN AND JOHNSON, P.A.
4001 TAMIAMI TRAIL NORTH, SUITE 300
NAPLES, FLORIDA 34103
and
JOHNSON ENGINEERING, INC.
2350 STANFORD COURT
NAPLES, FLORIDA 34112
DATE REVIEWED BY CCPC
DA TE REVIEWED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
6-14-2005
'2005-29
2004-41
Exhibit "A"
6/16/05
TABLE OF CONTENTS
LIST OF EXHIBITS
TABLE OF CONTENTS
STATEMENT OF COMPLIANCE
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
PROPERTY OWNERSHIP
& DESCRIPTION
PROJECT DEVELOPMENT
REQUIREMENTS
RESIDENTIAL AREAS
PRESERVE AREAS
DEVELOPMENT COMMITMENTS
1
11
111-1V
I-I through I -3
II-I through II-9
III-I through III-3
IV-I
V-I through V-6
6/16/05
LIST OF 'EXHIBITS AND TABLES
Exhibit A PUD Master Plan
Table 1 Project Land Use Tracts page 11-2
Table II Development Standards page 111-3
II
6/16/05
STATEMENT OF COMPLIANCE
The subject property consists of a total of 40.48± acres of property in Collier County, Florida,
and will be developed as a Residential Planned Unit Development (RPUD) to be known as the
Cook Property Residential Planned Unit Development. The property is located within the South
Naples Planning Community. The proposed development will be in compliance with the goals,
objectives and policies of Collier County as set forth in the adopted Growth Management Plan
(GMP). This proposed RPUD will consist of up to 160 single and/or multi-family residential
units along with the appropriate recreational and open space amenities constructed in one phase.
The proposed project will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives of each of the elements of the GMP for the
following reasons:
1. The subject property is within the Urban Mixed-Use District-Urban Residential Sub-
District as identified on the Collier County Future Land Use Map as provided in Objective
1, Policy 5.1, and Policy 5.3 of the Future Land Use Element (FLUE). The purpose of the
Urban Mixed-Use District-Urban Residential Sub-District, along with the other urban dis-
tricts in Collier County, is to coordinate land use with the natural environment including to-
pography, soil and other resources; promote a sound economy; coordinate coastal popula-
tion densities with the Regional Hurricane Evacuation Plan; and discourage unacceptable
levels of urban sprawl. This proposed development meets this objective and does not en-
courage urban sprawl. It specifically meets the policy of encouraging development toward
areas more tolerant to development. The Cook Property RPUD is consistent with Policy
5.3 of the FLUE in that it confines urban intensity development to areas designated as Ur-
ban on the Future Land Use Map. Since Urban Designated Areas are where intensive land
uses are guided, it is also where fiscal resources are primarily concentrated for the provision
of roads, water supply, sewage treatment and water management. The Cook Property
RPUD clearly meets all of these provisions.
2. The subject property is located within the residential density band of Mixed Use Activity
Center Number 6 located at the intersection of Davis Boulevard and Santa Barbara Boule-
vard. As such, the subject property is eligible for 3 additional dwelling units per acre
(DU/A). The projected density of 4 DU/A is in compliance with the FLUE of the GMP
based on the following relationships to required criteria:
Base Density
Bonus Density, proximate to an Activity Center
Permitted Density
Based on FLUE Density Rating System
4.0 DU/ A
3.0 DU/A
7.0 DU/A
Cook Property PUD Proposed Density*
Number of Units =
Gross Acreage of Development Area =
160 DU/40.48 =
* Number of Dwelling Unitsl Residential Acreage
160
40.48
3.95 DU/A
III
6/16/05
3. The subject property's location in relation to existing or proposed community facilities and
services pennits the development's residential density as required in Objective 2 of the
FLUE.
4. The project development is compatible and complementary to existing and future surround-
ing land uses as required in Policy 5.4 of the FLUE. Its location on Davis Boulevard, east of
Santa Barbara Boulevard is ideally situated for residential development in proximity to the
various public facilities and services.
5. Project improvements will be in compliance with applicable land development regulations
as set forth in Objective 3 ofthe FLUE.
6. The proposed density of 4 DUI A is less than the maximum density of 7 DUI A pennitted in
the FLUE Density Rating System, and is consistent with FLUE Policy 5.1. The project will
also result in an efficient and economical extension of community facilities and services as
required in Policy 3.1.G of the FLUE and promotes the residential infill guidelines of the
American Planning Association's Policies on Smart Growth.
7. The Cook Property RPUD is consistent with and furthers Policy 5.5 of the FLUE in that the
development occupies land presently designated for urban intensity uses. Public facilities
and services will be used to accommodate improvements to the site, in keeping with the
FLUE.
8. The Cook Property RPUD is a residential community with no commercial components, and
is planned to encourage ingenuity, innovation and imagination in the planning, design and
development of the project under unified ownership and control as set forth in Section
2.03.06 of the Collier County Land Development Code (LDC). The Cook Property RPUD
implements Policy 5.6 of the FLUE in that more than 60% of the project will be open
space.
9. The Cook Property RPUD is consistent with Policy 5.5 of the FLUE in that it represents the
use and development of existing land zoned for urban intensity uses within the Urban Des-
ignated Area and avoids opening up new areas to development. The Master Plan will ensure
an aesthetically pleasing and attractive residential neighborhood that enjoys open space and
low densities.
10. All final local development orders and/or pennits for the proposed Cook Property RPUD
will be subject to the Collier County Adequate Public Facilities Ordinance.
IV
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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 Cook Property RPUD.
1.2. LEGAL DESCRIPTION
PARCEL NO.1
A PORTION OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTH 1/4 CORNER OF SECTION 9, TOWNSHIP 50 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA; THENCE ALONG THE NORTH-SOUTH 1/4 SECTION
LINE S 00°02'19" W 292.00 FEET TO THE POINT OF BEGINNING OF THE PARCEL HEREIN
DESCRIBED: THENCE CONTINUE S 00°02'19" E ALONG SAID LINE 1096.34 FEET; THENCE N
89°42'56" W ALONG THE SOUTH LINE OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SAID SECTION 500.00 FEET; THENCE N 00°0).'19" E ]092.53 FEET; THENCE N 89°50'53" E
500.00 FEET TO THE POINT OF BEGINNING. (BEING SAME PROPERTY AS CONVEYED
FROM A.W. COOK, JR. AND CHRISTINE G. COOK, IN DEED FILED FOR RECORD OCTOBER
25,2002 IN BOOK 3139 PAGE 579)
TOGETHER WITH EASEMENT FOR INGRESS AND EGRESS FOR THE FOLLOWING PARCEL:
A PORTION OF THE EAST ]/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF
SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
COMMENCING AT THE NORTH ONE-QUARTER CORNER OF SECTION 9, TOWNSHIP 50
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: THENCE ALONG THE EAST-WEST
1/4 SECTION LINE, SOUTH 89°50'53" WEST 99.78 FEET TO THE SOUTHERLY RIGHT-OF-WAY
OF DAVIS BOULEVARD EXTENSION (SR #84); THENCE WESTERLY 665.48 FEET ALONG
THE ARC OF A NON-TANGENTIAL CIRCULAR CURVE, HAVING A CENTRAL ANGLE OF
]2°58']2", A RADIUS OF 2939,79 FEET, AND BEING SUB TENDED BY A CHORD WHICH
BEARS SOUTH 83°2]'47" WEST 664.06 FEET TO A POINT OF TANGENCY; THENCE
CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY SOUTH 09°50'53" WEST A
DISTANCE OF ]20.85 FEET TO THE POINT OF BEGINNING: THENCE SOUTH 00°09'07" EAST
A DISTANCE OF 302.37 FEET; THENCE NORTH 89°50'53" EAST A DISTANCE OF 379.18 FEET;
THENCE SOUTH 00°02']9" WEST A DISTANCE OF 22.00 FEET; THENCE SOUTH 89°50'53"
WEST A DISTANCE OF 469,10 FEET; THENCE NORTH 00°09'07" WEST A DISTANCE OF 324.37
FEET, TO THE SOUTHERLY RIGHT-OF-WAY OF DA VIS BOULEVARD EXTENSION; THENCE
NORTH 89°50'53" EAST ALONG SAID RIGHT-OF-WAY A DISTANCE OF 90.00 FEET TO THE
POINT OF BEGINNING, (BEING SAME PROPERTY AS DESCRIBED IN DEED FROM A.W.
COOK, JR. AND CHRISTINE G. COOK, FILED FOR RECORD OCTOBER 25, 2002 IN BOOK 3139
PAGE 58])
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PARCEL NO.2
A PARCEL OF LAND IN SECTION 9, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA, DESCRIBED AS FOLLOWS:
THE EAST II2 OF SOUTHEAST II4 OF NORTHWEST 1/4 OF NORTHWEST II4; AND
SOUTHWEST II4 OF NORTHEAST II4 OF NORTHWEST II4; AND EAST II2 OF NORTHWEST
II4 OF NORTHEAST II4 OF NORTHWEST II4; AND ALSO THE EAST II2 OF NORTHEAST II4
OF NORTHWEST II4, LESS AND EXCEPT LANDS DESCRIBED IN WARRANTY DEEDS
RECORDED IN BOOK 3139 PAGES 579
AND LESS AND EXCEPT RIGHT-OF-WAY OF DAVIS BOULEVARD EXTENSION (SR #84),
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH QUARTER CORNER OF SAID
SECTION 9, RUN S 89°01'15" W ALONG THE NORTH LINE OF SAID SECTION 9, A DISTANCE
OF 99.03 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE ALONG SAID NORTH
LINE S 89°01'15" W A DISTANCE OF 1213.49 FEET; THENCE S 00°58'45" E A DISTANCE OF 75
FEET; THENCE NORTH 89°01'15" E A DISTANCE OF 552.99 FEET TO THE BEGINNING OF A
CURVE TO THE LEFT; THENCE NORTHEASTERLY ALONG SAID CURVE HAVING A
CENTRAL ANGLE OF 58°45'00" A RADIUS OF 2939.79 FEET, A DISTANCE OF 666,06 FEET;
THROUGH AN ANGLE OF 12°58'53" TO THE POINT OF BEGINNING.
1.3. PROPERTY OWNERSHIP
The subject property is currently under the ownership and control of the following enti-
ties:
Michael Cook
Co-Owner
1484 Osprey Avenue
Naples, FI 34102
A.W. Cook
Co-Owner
HC69 Box 1905
White Sulpher Springs,
WV 24986
Cook Theatres, Inc.
7700 E. Davis Blvd.
Naples, FL 34104
A.W. Cook
100% stock owner
The applicant and contract purchaser for the subject property is:
Toll Brothers, Inc.
28341 S. Tamiami Trail, Suite 4
Bonita Springs, FL 34134
1.4. DEVELOPER
The Cook Property RPUD is intended to be developed by Toll Brothers, Inc. All refer-
ences to the "developer" contained in this RPUD Document shall mean Toll Brothers,
Inc., unless and until the subject property is conveyed or assigned. It is the responsibility
of Toll Brothers, Inc. to notify Collier County, in writing, of the land conveyance or as-
signment of the subject property within six months from the conveyance or assignment.
1.5. GENERAL DESCRIPTION OF PROJECT AREA
A. The project site is located in Section 9, Township 50 South, Range 26 East in Col-
lier County, Florida. The main project entrance is located on the south side of Davis
Boulevard (SR 84), east of Santa Barbara Boulevard. The proposed site is presently
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comprised of a mix of vacant land, an existing drive-in theater/flea market, and golf
driving range.
B. The current zoning classification of the subject property at the time of the Cook
Property RPUD application is A, Rural Agricultural, and CF, Community Facility.
1.6. PHYSICAL DESCRIPTION
The site is bordered on the north by State Road 84 (Davis Boulevard). Located immedi-
ately to the north of Davis Boulevard is the Wildwood Estates PUD, and property zoned
A, Rural Agricultural, owned by New Hope Ministries; on the west by the Collier County
Animal Control Facility and Boys and Girls Club of Collier County; on the east by the
Naples Heritage Golf and Country Club platted and developed homesites; and on the
south by vacant property which is proposed to consist of both residential and commercial
uses, known as the Toarmina PUD.
Portions of the site have been altered through past and current agricultural and commer-
cial uses. Other portions of the site include impacted wetlands. An updated EIS has been
submitted, pursuant to Section 10.02.02 of the LDC with the application for the Cook
Property RPUD.
Existing elevations within the site range from 3 feet to 16 feet. The average site elevation
is 11 feet per FEMA Firm Map Panels No. 120067 605 E and 615 E, dated August 3,
1992. The Cook Property RPUD is located within Zone X of the FEMA flood insurance
rate map.
1.7. SHORT TITLE
This ordinance shall be known and cited as the "COOK PROPERTY RESIDENTIAL
PLANNED UNIT DEVELOPMENT ORDINANCE."
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SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1. PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of de-
velopment for the Cook Property RPUD and its relationship to applicable County ordi-
nances, the respective land uses of the tracts included in the project, as well as other pro-
ject relationships.
2.2. GENERAL
A. Regulations for development of the Cook Property RPUD shall be in accordance
with the contents of this Document, the RPUD-Planned Unit Development Zoning
District and other applicable sections and policies of the Collier County LDC and
GMP in effect at the time of site development plan or subdivision platting approval.
Where these regulations fail to provide development standards, the provisions of the
most similar district in the County LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as the defini-
tions set forth in Collier County LDC in effect at the time of subdivision platting or
site development plan approval (as appropriate).
C. All conditions imposed and all graphic material presented depicting restrictions for
the development of the Cook Property RPUD shall become part of the regulations
that govern the manner in which the RPUD site may be developed.
D. Unless modified, waived, or exempted via deviation approvals in conjunction with
the RPUD rezoning approval, the provisions of other portions of the LDC, where
applicable, remain in effect with respect to the development of the land which com-
prises this RPUD.
E. Development permitted by the approval of this petition shall be subject to concur-
rency review under the provisions of Section 10.02.07, "Adequate Public Facili-
ties," of the LDC.
2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The Cook Property RPUD will be developed as a residential community featuring
up to 160 residential units of single and/or multi-family dwelling units along with
associated amenities. The subject property consists of 40.48± total acres.
The project Master Plan, including layout of streets and uses of land for the various
tracts, is illustrated graphically by Exhibit A, RPUD Master Plan. There shall be
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one phase, which, according to the Traffic Impact Statement submitted with the ap-
plication, will be built-out in 2007.
TABLE I
PROJECT LAND USE TRACTS
TRACT(S)
TYPE OF DEVELOPMENT
ACREAGE
R
Residential
37.63±
P
TOTAL
Preserve
2.85±
40.48±
The location, size, and configuration of individual tracts and lots shall be deter-
mined at the time of final site development plan and/or platting approval. Minor ad-
justments may be made at the time of final approvals in accordance with Sections
10.02.03 and 10.02.04 of the LDC.
The proposed development shall meet all required open space and recreational re-
quirements on site. Section 2.16 of this Document addresses the percentage of na-
tive vegetation to be retained on-site.
B. Minor modification to all tracts, lakes or other boundaries may be pennitted at the
time of subdivision platting or site development plan approval, subject to the provi-
sions of Section 10.02 of the LDC, or as otherwise pennitted by this PUD Docu-
ment.
C. In addition to the various areas and specific items shown in Exhibit A, such ease-
ments, as necessary (utility, private, semi-public, etc.) shall be established within or
along the various tracts as may be necessary. All locations for proposed uses shown
on the plan are subject to change.
2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The proposed project consists of up to a maximum of 160 single and/or multi-family
residential units along with associated amenities on 40.48 acres±.
Pursuant to the Density Rating System of the FLUE of the GMP, this project is eligible
for a base density of 4 DU/A, and three (3) bonus density units for a total of 7 DU/A.
This would pennit up to 283 units on the site.
The project is proposing the development of a maximum of 160 residential dwelling
units, consisting of single and/or multi-family units. The propos~d density is 43% less
than the allowable density for the area. The proposed density for the project is 4 DU/ A.
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The proposed development shall meet all required open space and recreational require-
ments on-site. Included in the' development are common areas, open space, water man-
agement areas, and nature preserves. Also anticipated uses could include a common area
swimming pool, tennis courts, clubhouse, boardwalks through preserve areas, walking
trail, lake access, and docks. The developer shall provide a CPSC and ASTM certified
commercial grade playground designed for 2-12 year old children for use of residents and
guests. The playground shall be provided within a common area. The playground area
shall be operational upon the earlier of: issuance of certificate of occupancy (CO) for the
clubhouse, or 12 months after issuance of the first CO for an occupied residential unit.
The developer shall provide documentation to the RPUD file that the playground meets
these requirements.
2.5. RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or part of the
RPUD, final plans of all required improvements shall receive approval of the ap-
propriate Collier County governmental agency to insure compliance with the RPUD
Master Plan, the Collier County Subdivision Code and the platting laws of the State
of Florida.
B. Exhibit A, RPUD Master Plan, constitutes the required RPUD development plan.
Subsequent to or concurrent with RPUD approval, a site development plan and/or
subdivision plat shall be submitted for the entire area covered by the RPUD Master
Plan. Any division of property and the development of the land shall be in compli-
ance with Section 10.02 of the LDC and the platting laws of the State of Florida.
C. The provisions of Section 10.02.03 of LDC shall apply to the development of all
platted tracts or parcels of land prior to the issuance of a building pennit or other
development order.
D. The development of any tract or parcel approved for residential development con-
templating fee simple ownership of land for each dwelling unit shall be required to
submit and receive approval of a site development plan or subdivision plat in con-
fonnance with requirements of Section 10.02 of the LDC prior to the submittal of
construction plans and a final plat for any portion of the tract or parcel.
E. Appropriate instruments will be provided at the time of infrastructure improvements
regarding any dedications and method for providing perpetual maintenance of
common facilities.
2.6 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION
OFFICES FACILITIES
Model homes, sales centers, sales offices, construction offices, and other uses and struc-
tures related to the promotion and sale of real estate shall be pennitted accessory uses
throughout the Cook Property RPUD. These uses may be either "wet" or "dry" facilities
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in accordance with Section 5.04.04 of the LDC. These uses may use septic tanks or hold-
ing tanks for waste disposal subject to pennitting under Section 10D-6 of the Florida
Administrative Code, and may use potable or irrigation wells.
A. Both "wet" and "dry" models may be constructed following plat approval, prior to
recording of a plat. Location is limited to future, platted development tracts. The
project owner shall apply for all models.
B. The models pennitted as "dry models" shall obtain a conditional certificate of occu-
pancy for model purposes only. A "wet" model shall not be occupied until a per-
manent CO is issued.
C. A "wet" model may be served by a temporary utility system with ultimate connec-
tion to the central system. Interior fire protection facilities in accordance with
NFP A requirements are required unless a pennanent water system is available. A
water management plan shall be provided which accommodates the run-off from
the model home, parking areas, access road/driveway and other impervious sur-
faces. The system shall be designed and constructed so that it is integrated with the
master water management system for the entire development.
D. Models may not be used as sales offices without approval through the site develop-
ment plan process. The site development plan process shall not be required for sin-
gle family dry models. All other regulations pertaining to model homes shall be
consistent with Section 5.04.04 of the LDC.
2.7. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
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 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 provision for the perpetual
care and maintenance of all common facilities and open space subject further to the pro-
visions of the LDC.
2.8. AMENDMENTS TO PUD DOCUMENT OR RPUD MASTER PLAN
Changes and amendments may be made to this RPUD Ordinance or RPUD Master Plan
as provided in Section 10.02.13 of the LDC.
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2.9. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences, and walls are generally permitted throughout the Cook
Property RPUD. The following standards shall apply:
A. Perimeter landscape buffers shall be provided pursuant to Section 4.06.02 of the
LDC.
B. Landscape berms shall have the following maximum side slopes:
1. Grassed berms shall be 4: 1
2. Ground cover berms shall be 3: 1
3. Structural walled berms - may be vertical if located at the edge furthest from
the property edge of the landscape buffer.
C. Perimeter fence or wall maximum height shall be 8 feet, as measured from the fin-
ished floor elevation of the nearest residential structure within the development
(elevation 3.5 feet). If the fence or wall is constructed on a landscaped berm, the
wall shall not exceed 8 feet in height from the top of the berm elevation. For pur-
poses of measuring the fence or wall constructed on a landscaped berm, berm
height is limited to 3 feet.
D. Landscape buffers, berms, fences and walls may be constructed along the perimeter
of the Cook Property RPUD boundary prior to subdivision plat and/or site devel-
opment plan submittal, subject to review and approval by appropriate County agen-
cies prior to construction. All such areas shall be included in a landscape easement
or tract on final plats, or identified in a separate recorded instrument. In order to se-
cure the site and prevent the residents from encroaching into adjoining environmen-
tally sensitive areas, chainlink fencing will be allowed along the south and western
boundaries of the site. Fencing shall be incorporated in perimeter buffer landscap-
mg.
E. Fences and walls which are an integral part of security and access control struc-
tures, such as gatehouses and control gates, shall be subject to a maximum height of
20 feet.
F. Pedestrian sidewalks and/or bike paths, water management systems, drainage struc-
tures, and utilities may be allowed in landscape buffers per Section 4.06 of the
LDC.
G. Where residential landscape buffers are located adjacent to a clubhouse or commu-
nity pool facility, a 10-foot wide Type B landscape buffer is required on the resi-
dential zoned property, and a lO-foot wide Type B landscape buffer is required
along clubhouse or community pool property.
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2.10. FILL STORAGE
Fill storage is generally allowed throughout the Cook Property PUD, in compliance with
the LDC or any other regulations in effect addressing excavation and fill storage.
2.11. DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage ingenu-
ity, innovation and imagination in the planning, design and development or redevelop-
ment of relatively large tracts of land under unified ownership or control, as set forth in
Section 2.03.06 of the LDC.
2.12. LEGAL NONCONFORMING USES
The site is not used for active agricultural purposes, or associated and accessory uses
thereto. No agricultural uses are contemplated within the Cook Property RPUD. The ex-
isting golf driving range, the flea market and the drive-in theater shall be pennitted to re-
main as legal nonconforming uses until site development plan or final plat approval for
the RPUD.
2.13. GENERAL PERMITTED USES AND STRUCTURES
Certain uses shall be considered general permitted uses and structures throughout the
Cook Property RPUD except in the preserve areas. General permitted uses and structures
are those uses, which generally serve the developer and residents of the Cook Property
RPUD and are typically part of the common infrastructure or are considered community
facilities.
A. General Permitted Uses and Structures:
1. Essential services as set forth under Section 2.01.03 of the LDC.
2. Water management facilities and related structures.
3. Temporary sewage treatment and disposal facilities.
4. Lakes including lakes with bulkheads or other architectural or structural bank
treatments.
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 ac-
cess 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 2.9 of this RPUD.
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9. Any other use which is comparable in nature with the foregoing uses, as deter-
mined by the Board of Zoning Appeals (BZA).
B. Development Standards:
Table II of this Document sets forth development standards, in addition to the fol-
lowing provisions:
1. Guardhouses and access control structures shall have no required setback.
2. Sidewalks and bike paths may occur within County required buffers per Section
4.06 of the LDC, subject to provision of additional buffer widths to accommo-
date the inclusion of sidewalks or bike paths.
3. Standards for parking, landscaping, signs, and other land uses where such stan-
dards are not specified herein, shall be in accordance with the LDC in effect at
the time of platting and/or site development plan approval.
2.14. REQUIRED ENVIRONMENTAL PERMITTING
Where the development of land within the Cook Property RPUD requires a permit from a
local, State, or Federal agency with jurisdiction over the property proposed for develop-
ment, the developer shall obtain such permits as may be required prior to site develop-
ment plan or construction plan approval.
2.15. OPEN SPACE REQUIREMENTS
The RPUD Master Plan identifies preserve areas, open space, lakes, and buffers that are
all permitted to be calculated as open space. These areas will exceed 24.29 acres to fully
satisfy the 60% open space requirements of Section 4.02.01 of the LDC.
2.16. NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.1.1 of the Conservation and Coastal Management Element of the
Collier County GMP, 25% of the viable, naturally functioning native vegetation on site
shall be retained. This constitutes 2.85 acres of retained native vegetation in preserve ar-
eas on the site.
2.17. SIGNAGE
Collier County sign regulations in Section 5.06 of the LDC, in effect at the time of sign
permit application, shall apply.
2.18 SIDEWALK/BIKE PATHS
Pursuant to Section 6.06.02 of the LDC, the developer shall provide a sidewalklbike path
network integrated throughout the entire site, including residential and preserve areas,
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provided that the sidewalk/bike path shall be of pervious material through the preserve
areas.
2.19. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS
The developer reserves the right to request substitutions to subdivision improvement and
utility design standards in accordance with the LDC.
2.20. ROADWAYS
A. Standards for roads shall be in compliance with the applicable provisions of the
LDC subdivision regulations, unless otherwise modified, waived, or excepted by
this RPUD or approved during preliminary subdivision plat approval. The devel-
oper reserves the right to request substitutions to Code design standards in accor-
dance with the LDC. The developer retains the right to establish gates, guardhouses,
and other access controls as may be deemed appropriate by the developer on all pri-
vately owned and maintained project roadways and roadways built and/or main-
tained by the property owners' association, if applicable.
B. Roadways within the Cook Property RPUD shall be designed and constructed in
accordance with Section 10.02.05 of the LDC with the following substitutions.
1. Street right-of-way width: The minimum right-of-way width to be utilized for
local streets within the Cook Property PUD shall be 50 feet.
2. The primary project entry road shall be constructed utilizing an urban type
roadway cross section with sidewalks on each side.
3. Intersection radii: Street intersections shall be provided with a minimum of a 20
foot radius (face of curb) for all internal project streets and a 35 foot radius for
intersections at project entrances.
4. Reverse curves: Tangents shall not be required between reverse curves on any
project streets.
2.21. USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative entrance
ways and signage shall be allowed subject to review and administrative approval by the
Collier County Transportation Operations Department for engineering and safety consid-
erations during the development review process and prior to any installations.
2.22. LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Sections 22-106 - 22-119 of the Code of
Laws and Ordinances may be reduced according to the development standards provided
in Table II of this Document, or with the administrative approval of the Collier County
Zoning and Land Development Director. All lakes may be excavated to the maximum
commercial excavation depths set forth in Sections 22-106 - 22-119 of the Code of Laws
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and Ordinances. Excavated material in an amount up to ten percent (to a maximum of
20,000 cubic yards) of the total volume excavated may be removed from the develop-
ment, unless issued a commercial excavation permit.
2.23. LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE
Pursuant to Section 10.02.13 of the LDC, upon adoption of the RPUD Ordinance and at-
tendant RPUD Master Plan, the provisions of the RPUD Document become a part of the
LDC, and shall be the standards of development for the RPUD. Thenceforth, develop-
ment in the area delineated as the Cook Property RPUD District on the Official Zoning
Atlas Map or Maps shall be governed by the adopted development regulations and RPUD
Master Plan. Where development standards contained in this RPUD Document are set
forth by reference to the LDC, the standards in effect at the time ofpennitting shall apply
unless a specific section states to the contrary.
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SECTION III
RESIDENTIAL AREAS
3.1. PURPOSE
The purpose of this Section is to identify specific development standards for Residential
Areas within the Cook Property RPUD designated on Exhibit A.
3.2. MAXIMUM DWELLING UNITS
The Cook Property RPUD shall contain a maximum of 160 dwelling units.
3.3. GENERAL DESCRIPTION
Areas designated as residential ( R ) on the Master Plan are designed to accommodate a
full range of residential dwelling types, a full range of recreational facilities, essential ser-
vices, and customary accessory uses.
The approximate acreage of the area designated as residential is 37.63 acres. This acreage
is based on conceptual designs and is approximate. Actual acreages of all development
tracts shall be provided at the time of site development plan or preliminary subdivision
plat approvals in accordance with Section 10.02 of the LDC. Residential tracts are de-
signed to accommodate internal roadways, open spaces, and other similar uses found in
residential areas.
3.4. USES PERMITTED
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:
1. Single family.
2. Single family attached townhouse.
3. Zero lot line/villa homes.
4. Cluster housing pursuant to Section 4.02.04 of the LDC.
5. Multi-family dwellings.
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B. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with principal uses pennit-
ted in residential districts, including but not limited to guardhouses, recreational
facilities designed to serve residents, private garages, tennis facilities, and swim-
ming pools with or without screened enclosures.
2. Recreational facilities that serve as an integral part of the residential development
and that have been designated, reviewed and approved on a site development plan
or subdivision plat for the development. Recreational facilities may include, but
are not limited to, clubhouse and maintenance facility, pools, community center
building, tennis facilities, boardwalks through preserve areas, playgrounds, docks,
gazebos and play fields, docks and gazebos.
3. Utility facilities and/or easements (including right-of-way easements).
4. Signage.
5. Water management facilities.
6. Project sales and administrative offices, which may occur in a residential or rec-
reational building and/or in a temporary building until such time as pennanent
structures are available.
3.5. DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be under-
stood to be in relation to individual parcel or lot boundary lines, or between struc-
tures. Front yard setbacks shall be measured from the lot line. Condomin-
iumlhomeowner's association boundaries shall not be utilized for detennining devel-
opment standards. Table II, on the following page, sets forth the development stan-
dards for land uses with the Cook Property RPUD Residential Area.
B. Site development standards for single-family, single-family attached, zero lot line,
and townhouse uses apply to individual residential lot boundaries. Multi-family stan-
dards apply to platted parcel boundaries.
C. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within the adopted Cook Property RPUD design guidelines
and standards, shall be in accordance with the LDC in effect at the time of site devel-
opment plan approval. Unless otherwise indicated, required yards, heights, and floor
area standards apply to principal structures.
D. Development standards for uses not specifically set forth in Table II shall be in accor-
dance with those standards of the zoning district that is most similar to the proposed
use.
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TABLE II
DEVELOPMENT STANDARDS
Single Single Family
Permitted Uses and Family Zero Lot Two-Family Attached Multi-
Standards Detached Line and Duplex & Townhouses Family Clubhouse
All distances are in feet unless otherwise noted.
Minimum Lot Area 4,000 SF 4,000 SF 3,500 SF per lot 1,700 SF 9,000 SF 6,000 SF
7,000 SF total
Minimum Lot Width 40' 40' 35' IT 90' 75'
Principal Structure
Minimum Front Setback4 20' 20' 20' 20' 20' 20'
Minimum Side Setback2 6' o or6' o or6' o or6' 10' 10'
Minimum Rear Yard Setback 15' 15' 15' 15' 15' 15'
Principal structures setback 25' 25' 25' 25' 25' 25'
from Preserve boundary
Maximum Building Height 3 stories, 3 stories, 3 stories, not to 3 stories, not to 3 stories, 3 stories, not
not to not to exceed 35' exceed 35' not to to exceed
exceed exceed exceed 35'
35' 35' 35'
Minimum distance between 10' 10' 10' 10' 20' N/A
principal structures3
Minimum Floor Area 1,000 SF 1,000 SF 1,000 SF 1,000 SF 750 SF 1,000 SF
Accessory Structure
Minimum Front Setback4 20' 20' 20' 20' 20' 20'
Minimum Side SetbackL 6' o or6' o or6' o or6' 10' 10'
Minimum Rear Setback 5' 5' 5' 5' 5' 5'
Accessory structures setback 10' 10' 10' 10' 10' 10'
from Preserve boundary
Maximum Building Height' 20' 20' 20' 20' 20' 20'
Minimum distance between 5' 5' 5' 5' 10' 10'
principal & accessory struc-
tures3
No buildings or structures shall encroach into a required landscape buffer.
Minimum lot width may be reduced by 35% for cul-de-sac lots provided the minimum lot area requirement is
maintained.
2 For zero lot line, two-family, duplex, single family attached and townhomes, the O-foot minimum side setback
is allowed on one side, as long as a minimum ten foot (10') separation between principal structures is main-
tained.
3 Building distance may be reduced at garages to a minimum of 0 feet for attached garages.
4 Building front entry garages must be set back a minimum of 23 feet from edge of any provided sidewalk located
in the street right-of-way closest to the garage, except for side loaded garages, wherein a parking area 23 feet in
depth must be provided generally perpendicular to the garage opening to avoid vehicles being parked across a
portion, or all, of the referenced sidewalk. Minimum front yards may be reduced to 15 feet where the residence
is served by a side-loaded garage, or 10 feet where the residence is served by a rear entry garage.
5 Screen enclosures may extend beyond 20 feet to the height of the principal structure.'
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SECTION IV
PRESERVE AREAS
4.1. PURPOSE
Preserve areas: The purpose of this Section is to identify permitted uses and development
standards for the areas within the Cook Property RPUD designated on the RPUD Master
Plan as Preserve Areas. The goal of this Section is to preserve and protect native vegeta-
tion and naturally functioning habitat such as wetlands in their natural state.
4.2. PERMITTED USES AND STRUCTURES
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 per-
mits when required:
A. Principal Uses:
1. Open spaces/nature preserves/wildlife habitats.
2. Nature trails (excluding impervious surfaces) including boardwalks through pre-
serve areas.
3. Water management structures.
4. Mitigation activities including exotic vegetation removal and planting of native
vegetation.
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SECTION V
DEVELOPMENT COMMITMENTS
5.1. PURPOSE
The purpose of this Section is to set forth the development commitments for the Cook
Property PUD.
5.2. GENERAL
All facilities shall be constructed in strict accordance with final site development plans,
final subdivision plats and State and local laws, codes, and regulations applicable to this
RPUD in effect at the time of development. Except where specifically noted or stated
otherwise, the standards and specifications of Section 10.02 of the LDC shall apply to
this project even if the land within the RPUD is not to be platted. The developer, his suc-
cessors, or assigns, shall be responsible for the commitments outlined in this Document,
which commitments will be enforced through provisions agreed to be included in the dec-
laration of covenants and restrictions, or similar recorded instrument. Such provisions
shall be enforceable by lot owners against the developer, its successors, and assigns, until
turn-over of the property to any property or homeowners' association.
The developer, his successors or assigns shall follow the Master Plan and the regulations
of the RPUD as adopted, and any other conditions or modifications as may be agreed to
in the rezoning of the property. In addition, the developer, its successors, or assigns, shall
be bound by the commitments within this Document.
5.3. PUD MASTER PLAN
Exhibit A, the Cook Property RPUD Master Plan, illustrates the proposed development.
Proposed tract, lot or land use boundaries or special land use boundaries shall not be con-
strued to be final and may be varied at any subsequent approval phase such as final plat-
ting or site development plan application. Subject to the provisions of Section 10.02.13 of
the LDC, amendments may be made trom time to time.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
5.4. DEVELOPMENT PHASING SCHEDULE, SUNSET PROVISION AND MON-
ITORING REPORT
Subject to securing all necessary Federal, State and local development pennits, construc-
tion is proposed to begin in the fall of 2005 and is projected to b'e completed two years
later.
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A. This RPUD shall be subject to the Sunset Provisions of Section 10.02.13 of the LDC.
B. An annual PUD monitoring report shall be submitted pursuant to Section 10.02.13 of
the LDC. The monitoring report shall be accompanied by an affidavit stating that the
representations contained therein are true and correct.
5.5. TRANSPORTATION
A. All traffic control devices, signs, pavement markings and design criteria shall be in
accordance with Florida Department of Transportation (FDOT) Manual of Uniform
Minimum Standards (MUMS), current edition, FDOT Design Standards, current edi-
tion, 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 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 sub-
sequent site plan or final plat submissions. All such access points shall be consistent
with the Collier County Access Management Policy (Res. No. 01-247), as it may be
amended ITom 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
PUD amendment is to be processed.
D. 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 avail-
able to the public prior to the issuance of the first CO.
E. Road impact fees shall be paid in accordance with Section 10.02.07 of the LDC, 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 LDC, as it may be amended. Collier County reserves the ~ght to modify or close
any median opening existing at the time of approval of this RPUD which is found to
be adverse to the health, safety and welfare of the public. Any such modifications
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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-
in/right-out condition at any access point. Neither shall the existence of a point of in-
gress, 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.
1. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to ad-
jacent developments shall be operated and maintained by an entity created by the de-
veloper, and Collier County 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 easement, compensating right-of-way shall be provided without cost to Collier
County as a consequence of such improvement.
5.6. WATER MANAGEMENT
A. In accordance with the Rules of the South Florida Water Management District, the
Cook Property RPUD project shall be designed for a storm event of a 3-day duration
and 25 year storm return frequency.
B. An excavation permit shall be required for the proposed lakes in accordance with the
Collier County Code of Laws and Ordinances. All lake dimensions will be approved
at the time of excavation permit approval.
C. Detailed paving, grading and site drainage plans shall be submitted to Engineering
Review Services for review and approval. No construction permits shall be issued
unless and until approval of the proposed construction takes place in accordance with
the approved plans by Engineering Review Services.
D. Minor changes or modifications to Exhibit A shall be authorized as provided in Sec-
tion 2.8 of the Cook Property RPUD.
E. The rear yard swales shall not provide water quality. These swales are for conveyance
only. The rear yard swales shall be kept free of any obstacles that would impede the
flows. These obstacles include but are not limited to pools, sheds, fences, and land-
scapmg.
F. A South Florida Water Management District surface water management permit shall
be obtained prior to site development plan approval.
G. A meeting with the Collier County Stormwater Management Department regarding
this project's impact on the LASIP shall be held prior to any'site development plan
pre-application meeting.
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5.7. UTILITIES
A. Water distribution, sewage collection and transmission systems shall be constructed
throughout the Cook Property RPUD project by the developer.
B. One 60-foot wide by 40-foot deep well easement located along the Davis Boulevard
Right-of-Way at the northwest comer of the property shall be dedicated to Collier
County as indicated in Exhibit A, RPUD Master Plan.
C. Potable water and sanitary sewer facilities constructed within platted rights-of-way or
within dedicated County utility easements shall be conveyed to Collier County pursu-
ant to Collier County Ordinance 04-55, as amended, except as may be provided in
Section 2.21 of this Document, and other applicable County rules and regulations.
D. Upon completion of the utility facilities, they shall be tested to insure they meet Col-
lier County's utility construction requirements in effect at the time construction plans
are approved.
E. All customers connecting to the potable water and sanitary sewer system shall be cus-
tomers of the County and will be billed by the County in accordance with the
County's established rates.
F. Irrigation for the project may be through groundwater wi.thdrawal permitted by the
South Florida Water Management District.
G. Temporary construction and/or sales trailers may use septic tanks or holding tanks for
waste disposal, subject to permitting under Section 10D-6 of the Florida Administra-
tive Code, and may use potable or irrigation wells.
H. The on-site water distribution system serving the project will be connected to the Col-
lier County Water-Sewer District's water main available and adjacent to the project
boundaries consistent with the main size and the requirements specified in the pro-
ject's Utility Master Plan, and extended throughout the project. During the design of
these facilities, dead-end mains shall be minimized by looping the internal pipeline
network, where feasible. The County recognizes there are environmental constraints
that maY.prevent looping.
5.8. ENGINEERING
Except as noted herein, all project development shall occur consistent with Section 10.02
of the LDC.
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5.9. ENVIRONMENTAL
A. This RPUD shall be consistent with the Collier County GMP Conservation and
Coastal Management Element and the environmental sections of the LDC in effect at
the time of final development order approval.
B. Environmental permitting shall be in accordance with the State of Florida Environ-
mental Resource Permit Rules and shall be subject to review and approval by Envi-
ronmental Services Staff.
C. This RPUD shall comply with the guidelines and recommendations of the U.S. Fish
and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commis-
sion (FWCC) regarding potential impacts to protected species on-site. A habitat man-
agement plan for those protected species shall be submitted to Environmental Ser-
vices Staff for review and approval prior to final site plan/construction plan approval.
D. Areas that fulfill the native vegetation retention standards and criteria of the GMP
shall be set aside as preserve areas. All preserve areas shall be identified as separate
tracts and be protected by a permanent conservation easement to prohibit further de-
velopment. All preservation areas shall be designated as preserves on all construction
plans, and if the project is platted, shall be recorded on the plat with protective cove-
nants per or similar to Section 704.06 of the Florida Statutes. Preserve areas shall be
dedicated on the plat to the project homeowners' association, or like entity for owner-
ship and maintenance responsibilities and to Collier County with no responsibility for
maintenance. All principal structures shall have a minimum setback of 25 feet from
the boundary of any preserve. Accessory structures shall have a minimum 10-foot
setback.
E. Buffers shall be provided around wetlands, extending at least 15 feet landward from
the edge of wetland preserves in all places and averaging 25 feet from the landward
edge of wetlands. Where natural buffers are not possible, structural buffers shall be
provided in accordance with the State of Florida Environmental Resources Permit
Rules and be subject to review and approval by Environmental Services Staff.
F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the preservation areas, shall be submitted to Environmental
Services Staff for review and approval prior to final site plan or construction plan ap-
proval. A schedule for exotic removal within all preserve areas shall be submitted
with the above-mentioned plan.
G. 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.
H. A Preserve Area Management Plan shall be submitted to Environmental Services
Staff for approval prior to site plan or construction plan approval identifying methods
to address treatment of invasive exotic species, fire managemeJ?t, and maintenance.
1. All agency permits (SFWMD, ACOE, FFWCC) shall be submitted prior to final site
plan or construction plan approval, if applicable.
V-5
6/16/05
J. The design elevation(s) of the littoral shelf planting area (LSPA) shall be determined
based on the ability of the LSP A to function as a marsh community and on the ability
of selected plants to tolerat,e the expected range of water level fluctuations. Gener-
ally, marsh communities in this area have a hydroperiod of between six and ten
months. Wet seasonal water levels range from 12 to 24 inches above ground eleva-
tion. Dry seasonal water levels are six inches below ground elevation for an average
year and 46 inches below ground elevation for a one in ten year drought. The design
of the shelf may deviate from these reference values if site-specific data and informa-
tion is presented that supports the proposed elevations.
5.10 AFFORDABLE HOUSING
Developer shall donate to Empowerment Alliance of Southwest Florida the sum of $1 ,000.00 for
each closing that occurs for the first 100 dwelling units within the project.
V-6
6/16/05
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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 2005-29
Which was adopted by the Board of County Commissioners
on the 14th day of June 2005, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 17th
day of June, 2005.
DWIGHT E. BROCK
Clerk of Courts and. clerk
Ex - of f i c i 0 to Boa.1fd; ':tiÉ!:::':'~1.·'~:"
County Commissioiit;is,., ..;....~'i_~~..
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