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Ordinance 2006-52 ORDINANCE NO. 06 - 52 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORA TED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE SUBJECT REAL PROPERTY FROM THE GOLF COURSE (GC) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT, TO ALLOW A RESIDENTIAL DEVELOPMENT WITH A MAXIMUM OF 3 DWELLING UNITS PER ACRE, OR 24 TOTAL DWELLING UNITS FOR A PROJECT KNOWN AS THE VORNADO RPUD LOCATED IN THE GLADES SUBDIVISION, OFF PALM DRIVE APPROXIMATELY 700 FEET FROM ITS INTERSECTION WITH US 41, IN SECTIONS 12 AND 13, TOWNSHIP 50 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 8:!: ACRES; AND BY PROVIDING AN EFFECTIVE DATE. '1 1 .J " ~ " "') I J WHEREAS, D Wayne Arnold of Q. Grady Minor and Associates, P.A., and Richard D. Y ovanovich, Esq., of Goodlette, Coleman, and Johnson, P.A., representing Vomado Development, Inc., in petition number PUDZ-2005-AR-8147, petitioned the described real property. Board of County Commissioners to change the zoning classification of the herein NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The zoning classification of the subject real property located in Sections 12 and 13, Township 50 South, Range 25 East, Collier County, Florida, is changed from the Golf Course (GC) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District, to allow a residential development with a maximum of 3 dwelling units per acre, for a total of 24 residential dwelling units in a project known as the Vomado RPUD in accordance with the PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The appropriate zoning atlas map or maps, as described is/are hereby amended accordingly. in Ordinance Number 2004-41, as amended, the Collier County Land Development Code, Page] of2 SECTION TWO: This Ordinance shall become effective upon filing with the Florida Department of State. PASSED AND DULY ADOPTED by super-majority of the Board of County I Commissioners of Collier County, Florida, this I Lf day of fJ 0 ilet41~&/' ,2006. ATTEST: . DW!~gfff 1t:1:j~JIK, CLERK ,,:t~.~" . _ -",.:.,JI, f--.oJ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: ~~~ F~NKHALAS,C A~AN./ ."........,.............. Approved as to form and legal sufficiency: ~1lJ .~ -/m/1/ /i~'_ Marjori . Student-Stirling ~ -- -~ Assistant County Attorney PUDZ-2005-AR-8147/KD/sp Page 2 of2 VORNADO A RESIDENTIAL PLANNED UNIT DEVELOPMENT PREPARED FOR: VORNADO DEVELOPMENT, INC. 2223 Trade Center Way Naples, Florida 34103-0000 PREPARED BY: Q, GRADY MINOR & ASSOCIATES, P.A. 3800 Via Del Rey Bonita Springs, FI 34134 (239) 947-1144 (239) 947-0375 Fax And Goodlette, Coleman and Johnson, P.A. 4001 Tamiami Trail North, Suite 300 Naples, Florida 34103 (239) 435-3535 (239) 435-1218 DATE FILED DATE APPROVED BY CCPC DATE APPROVED BY BCC 11-14-2006 ORDINANCE NUMBER 2006-52 EXHIBIT "A" TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE ij SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL 3-1 SECTION IV GOLF COURSE / OPEN SPACE 4-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5-1 VORNADO RPUD FINAL (BCC ] l-14-06).doc 11 LIST OF EXHIBITS EXHIBIT A VORNADO RPUD CONCEPTUAL MASTER PLAN AND WATER MANAGEMENT PLAN EXHIBIT B LOCATION MAP TABLE I DEVELOPMENT STANDARDS VORNADO RPUD FINAL (Bee 11-14-06).doc III STATEMENT OF COMPLIANCE The purpose of this Section is to express the intent of the Developer, to create an infill Residential Planned Unit Development (RPUD) of 24 units on 8t acres of land located in Section 12 and 13 Township 50 South, Range 25 East, Collier County, Florida. The name of this Planned Unit Development shall be Vornado RPUD. The development of the Vornado RPUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The Development will be consistent with the growth policies and land development regulations adopted pursuant to the Growth Management Plan (GMP), Future Land Use Element (FLUE) and other applicable regulations for the following reasons: 1. The entire 8t acres of the subject property is within the Urban Mixed Use District, Urban Residential Subdistrict, as identified on the Future Land Use Map of the FLUE. The purpose of the Urban Mixed Use District is to provide for a variety of residential and mixed- use developments such as Planned Unit Developments. 2. The proposed residential density of the Vornado RPUD is 3 dwelling units per acre and is consistent with the maximum density permitted by the FLUE Density Rating System and is therefore consistent with FLUE Policy 5.1. A maximum of 24 residential dwelling units are permitted within the RPUD 3. The Vornado RPUD is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the FLUE. 5. The development of the Vornado RPUD will result in an efficient and economical extension of community facilities and services as required in Policy 3.1. of the FLUE. 6. The Vornado RPUD is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. All final local development orders for this Project are subject to the Collier County Adequate Public Facilities Requirements of the LDC. 8, The Vornado RPUD is an infill community, which has defined access points and existing development surrounding the project. Due to the presence of existing development and a canal which prohibits a direct interconnection to adjacent commercial development, no interconnection has been provided, Consistent with Policies 7.3 and 7.4 of the FLUE, the Vornado RPUD will provide an internal sidewalk with connection to Palm Drive, which will link the community with surrounding residential and commercial development. VaRNADO RPUD FINAL (Bee 11-14-06).doc IV SHORT TITLE This ordinance shall be known and cited as the "VORNADO RESIDENTIAL PLANNED UNIT DEVELOPMENT ORDINANCE". VaRNADO RPUD FINAL (Bee I ]-14-06).doc v SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of the Vornado RPUD, and to describe the existing condition of the property proposed to be developed. 1.2 LEGAL DESCRIPTION BEGINNING AT THE SOUTHEAST CORNER OF LOT 15, BLOCK A, THE GLADES UNIT ONE, PLAT BOOK 10, PAGES 82-83, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, RUN NORTHERLY ALONG THE EAST BOUNDARY OF SAID LOT 15 A DISTANCE OF 17.00 FEET TO THE BOUNDARY OF A RECREATION AREA AS RECORDED IN OFFICIAL RECORDS BOOK 600, PAGE 839; THENCE ALONG SAID BOUNDARY S.76015'OO"E. 480.65 FEET; THENCE CONTINUE ALONG SAID BOUNDARY S. 6r01'OO"E, 532.10 FEET TO THE BOUNDARY OF GOLF COURSE PARCEL NO.5, AS RECORDED IN OFFICIAL RECORDS BOOK 600, PAGE 844; THENCE ALONG THE BOUNDARY OF SAID PARCEL NO.5 S.24057'04"W. 345.02 FEET; THENCE CONTINUE ALONG SAID BOUNDARY S.53042'34"W. 297.24 FEET TO A POINT ON THE NORTHEASTERLY BOUNDARY OF A PARCEL OF LAND DESCRIBED IN OFFICIAL RECORDS BOOK 944, PAGE 1503; THENCE NORTHWESTERLY ALONG SAID BOUNDARY 728.40 FEET TO A CORNER OF SAID PARCEL; THENCE CONTINUE NORTHWESTERLY 175.84 FEET TO A POINT ON THE BOUNDARY OF LOT 16, BLOCK A, THE GLADES UNIT ONE; THENCE NORTHERLY 90.00 FEET TO THE POINT OF BEGINNING. LESS THAT PARCEL 8 - DESCRIBED IN CIVIL ACTION NO. 87-1943-CA-01 RESERVATIONS OF RECORD. LAND CONTAINS 7.99 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD. 1.3 PROPERTY OWNERSHIP Vornado Development, Inc. 2223 Trade Center Way Naples, Florida 34103 VaRNADO RPUD FINAL (Bee 11-14-06).doc 1-1 1.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Sections 12 and 13, Township 50 South, Range 25 East, Collier County, Florida. The site is generally bordered on the north and east by the Glades Country Club and Sunrise Condominium; on the south by the Towne Center Shopping Center and the Glades Country Club on the west by Palm Drive. B, The zoning classification of the subject property at the time of RPUD application is GC, Golf Course. The site was formerly a wastewater treatment site and has been reclaimed, C, Elevations within the site are approximately 8 feet above MSL. Per FEMA Firm Map Community No. 120067, Panel No. 394 D and 582 F, dated February 16, 1995, the Vornado RPUD property is located within Zone "AE7" of the FEMA flood insurance rate map, D. The site has been altered through past use as a wastewater treatment site and has only a few trees on the property, No native habitat occurs on-site. E. The soil types on the site generally include Urdorthents, shaped, This information was derived from the Soil Survey of Collier County, Florida, 1998. F. The property is located in the Airport Road South Canal Basin of the Collier County Drainage Atlas. 1.5 DENSITY A. Acreage of the Vornado RPUD is approximately 8.::t acres and the number of dwelling units authorized to be built pursuant to this RPUD is a maximum of 24. The gross project density, therefore, will be a maximum of 3 units per acre. B. At all times all property included within the Vornado RPUD as described in Section 1.2 shall be included in determining project density. VaRNADO RPUD FINAL (Bee] 1-14-06).doc 1-2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for the Vornado RPUD, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The Vornado RPUD will be developed as a residential community which may feature a mix of residential dwelling types, B. The Conceptual Master Plan is illustrated graphically as Exhibit "A". A Land Use Summary indicating approximate land use acreage is shown on the Plan. The Master Plan is conceptual, and the location, size, and configuration of individual tracts and water management facilities shall be determined at the time of final site development plan and/or preliminary subdivision plat approval with minor adjustments at the time of final plat approval, in accordance with the LDC. C. Access to the property shall be from Palm Drive, via a 110 foot wide deeded access easement provided by Sunrise I Condominium, 2.3 COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of the Vornado RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC, and the GMP in effect at the time of issuance of any development order to which said regulations relate. Where this RPUD Ordinance does not provide developmental standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. Where specific standards are specified in this RPUD, these standards shall prevail over those in the LDC, B, Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application, C. Development permitted by the approval of this RPUD will be subject to the Adequate Public Facilities Requirements of the LDC. VaRNADO RPUD FINAL (Bee 11-14-06).doc 2-1 D. Unless modified, waived or excepted by this RPUD or by subsequent request, the provisions of other sections of the LDC remain in effect with respect to the development of the land which comprises this RPUD. E. All conditions imposed herein or as represented on the Vornado Conceptual Master Plan are part of the regulations which govern the manner in which the land may be developed, F. The subdivision requirements of the LDC shall apply to the Vornado RPUD, except where an exemption or substitution is set forth herein or otherwise granted pursuant to the LDC. G. The SDP Section of the LDC shall apply to the Vornado RPUD, except where an exemption is set forth herein or otherwise granted pursuant to the LDC. H, Recognizing that the plans for development of tracts have not been designated with a specific dwelling unit type, the type of dwelling unit which characterizes the initial development of any platted tract shall be carried out throughout the development of that entire tract. 2.4 ROADWAYS A. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this RPUD, or approved during subdivision plat approval. The developer reserves the right to request substitutions to design standards in accordance 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 privately owned and maintained project roadways and roadways built and/or maintained by the Vornado RPUD. 2.5 DEVIATIONS FROM LDC A. Roadways within the Vornado RPUD shall be designed and constructed in accordance with the Construction Standards Manual and the LDC with the following substitutions: Streets and access improvements 1. Street right-of-way width VaRNADO RPUD FINAL (Bee 11-14-06).doc 2-2 .... .....,.~--~---- Street right-of-way width: From Section 6.06.01 and Appendix B of the LDC to permit a minimum 40 foot right-of-way width to be utilized for local streets. B. The developer is requesting a deviation from Section 5,03.02 of the LDC which establishes a maximum fence/wall height of six feet (6'). The developer proposes a maximum fence/wall height of eight feet (8') and ten feet (10') for the Vornado RPUD. The location of the deviation and corresponding fence height is shown on the Master Plan. C. The developer requests a deviation from Appendix B and Section 6.06.02 of the LDC that requires a 5 foot wide sidewalk to be located on both sides of a local street to permit a 5 foot wide sidewalk to be located on one side of the street. 2.6 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.7 COMMON AREA MAINTENANCE Common area maintenance shall be provided by the developer, or by a property owners' association. For those areas not maintained by the developer, the developer shall create a property owners' association or associations, whose functions shall include provisions for the perpetual maintenance of common facilities and open spaces, The developer, or the property owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and preserves serving the Vornado RPUD, in accordance with the provisions of the LDC together with any applicable permits from the South Florida Water Management District. VORNADO RPUD FINAL (Bee 11-14-06).doc 2-3 2.8 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as an accessory use throughout the Vomado RPUD. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 1. Grassed berms 4: 1 2, Ground covered berms Perimeter 3: 1 Intemal to project 3: 1 3, Rip-Rap berms 2: 1 with geotextile mat 4. Structural walled berms - vertical B. Fence or wall maximum height: Ten feet (10'), as measured from the finished floor elevation of the nearest habitable structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed eight feet (8') in height from the top of berm elevation for berm elevations with an average side slope of 4: 1 or less, and shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of greater than 4: 1 (i.e. 3: 1). [Subject to deviation Number 2 in Section 2.5 of this RPUD Document.] C. Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Vomado RPUD boundary prior to preliminary subdivision plat and site development plan approval, when the landscape and irrigation plans are submitted and approved prior to construction. D. A minimum LDC Type B landscape buffer shall be provided on the residential side of the 10 foot high wall adjacent to the Collier County effluent tank. 2.9 DESIGN GUIDELINES AND STANDARDS A. The Vornado RPUD is a planned community and will be developed under unified control. The developer will establish design guidelines and standards consistent with the LDC to ensure a high and consistent level of quality residential units and related community features and facilities, which include features and facilities such as landscaping, hardscapes, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. VaRNADO RPUD FINAL (Bee 11-14-06).doc 2-4 2.10 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Vornado RPUD. General permitted uses are those uses which generally serve the developer and residents of the Vornado RPUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.01.03.A of the LDC, 2, Caretaker/manager residence which may be a permanent site-built structure 3, Water management facilities and related structures. 4, Temporary sewage treatment facilities. 5. Guardhouses, gatehouses, and access control structures, 6. Community and neighborhood parks, boat docks and other recreational facilities. 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 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, B. Development Standards: Unless otherwise set forth in this Document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - twelve feet (12') except for guard houses, gatehouses, fences/walls, and access control structures which shall have no required setback. 2. Setback from RPUD boundary: Fifteen feet (15'). 3. Minimum distance between unrelated structures - Ten feet (10'). 4. Maximum height of structures - Thirty-five feet (35'). VORNADO RPUD FINAL (Bee 11-14-06).doc 2-5 5, Minimum floor area - None required, 6. Minimum lot or parcel area - None required. 7. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein shall be in accordance with the LDC in effect at the time of SDP approval. 2.11 OPEN SPACE REQUIREMENTS A minimum of 60 percent of the overall gross project area shall be devoted to usable open space. 2.12 SIDEWALKS/BIKEPATHS, BIKE LANES A. Pursuant to the LDC, sidewalks/bike paths shall be permitted as follows: 1, An internal pedestrian walkway system is permitted within drainage easements. Where such a pedestrian system is provided, no sidewalk shall be required adjacent to the right-of-way serving the adjacent residential tract. 2. Sidewalks may be located outside platted rights-of-way when located within a separate sidewalk easement. 3. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. VORNADO RPUD FINAL (Bee 11-14-06).doc 2-6 SECTION III RESIDENTIAL "R" 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Vornado RPUD designated on the Master Plan as "R", Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 24 dwelling units may be constructed on lands designated "R", Residential on the RPUD Master Plan, 3.3 GENERAL DESCRIPTION Areas designated as lOR," on the Master Plan are designed to accommodate a mix of residential dwelling types and general permitted uses as described by Section 2.11, recreational facilities, essential services, and customary accessory uses, The approximate acreage of the area designated for residential development is indicated on the RPUD Master Plan, This acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of SDP or preliminary subdivision plat approvals. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses - "R" Areas: 1. Single family attached and detached dwellings, townhomes. 2. Two-family dwellings. B, Accessory Uses and Structures: 1 , Accessory uses and structures customarily associated with the principal uses permitted in this District, including but not limited to VORNADORPUDFINAL(Bee 11-14-06).doc 3-1 swimming pools, spas and screen enclosures, recreational facilities designed to serve the development. 2. Recreational facilities such as parks, playgrounds, golf course and pedestrian/bikeways. C, Prohibited Uses: 1. Homeless shelter, soup kitchen, half-way house and any other similar use shall be prohibited in the Vornado RPUD. 3.5 DEVELOPMENT STANDARDS A. Table 1 sets forth the development standards for the land uses within the Vornado RPUD Residential Development Area. B, Site development standards for single family, zero lot line, two-family, duplex, single-family attached and town home uses apply to individual residential lot boundaries. VORNADO RPUD FINAL (Bee 11-14-06).doc 3-2 TABLE I VORNADO DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PERMITTED USES AND Single Family Two Single Family Attached STANDARDS Detached Family and Townhome Minimum Lot Area 4,000 SF 3,500*2 1,400 SF Minimum Lot Width *3 40' 35' 16' Minimum Lot Depth 100' 100' 88' Front Yard *6 20' 20' 20' Side Yard *1 6 o or6' o or 6 *4 Rear Yard *1 15' 15' 15' Rear Yard Accessory *1 10' 10' 10' Maximum BuildinQ HeiQht 35' 35' 35' Accessory Structure Height 35' 35' 35' Distance Between Detached Principal Structures *5 12' 12' 12' Distance Between Unattached Accessory and Principal Structures 10' 10' 10' Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF All distances are in feet unless otherwise noted. *1 - Principal and accessory structures on waterfront lots shall be permitted to be constructed up to, but not encroaching into a drainage easement. *2 - Each half of a two family unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *3 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *4 - Zero foot (0') minimum side setback on one side of building as long as a minimum 12-foot separation between principal structures is maintained. *5 - Building distance may be reduced at garages to a minimum of 10 feet if detached or 0 feet where attached garages are provided. Multi-family principal buildings shall be separated a minimum of 20 feet and garages a minimum of 10 feet. *6 - Building garages must be set back a minimum of 23 feet from edge of any provided sidewalk. Minimum 20 foot front yard may be reduced to 15 feet where the residence is served by a side-loaded or rear entry garage. *7 - No encroachments shall occur within the required landscape buffers. VORNADO RPUD FINAL (Bee 11-14-06).doc 3-3 SECTION IV GOLF COURSE I OPEN SPACE 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the areas within the Vornado RPUD designated on the Conceptual Master Plan as golf course / open space. 4.2 GENERAL DESCRIPTION Areas identified as golf course / open space on the Conceptual Master Plan are designed to provide usable open space, recreation, water management, and other open space and recreational uses. 4.3 PERMITTED USES AND STRUCTURES. A. Permitted Principal Uses and Structures 1. Lakes, water management facilities, preserves and water control structures. 2. Boardwalks, benches, nature trails, bridges, cart paths, golf course, and related facilities. 3. Any other recreation or open space use consistent with recreational or open space uses permitted by right in the "CON" Conservation District of the LDC in effect as of the date of adoption of this RPUD Ordinance. 4.4 DEVELOPMENT STANDARDS A. Maximum Height: Twenty-five (25) feet. B, Setbacks: Zero (0) feet. VORNADO RPUD FINAL (Bee 11-14-06).doc 4-1 SECTION V GENERAL DEVELOPMENT COMMITMENTS 5.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Vornado RPUD. 5.2 RPUD MASTER DEVELOPMENT PLAN A. All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and local laws, codes and regulations except where specifically noted. B. The RPUD Conceptual Master Plan (Exhibit A) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of preliminary/final subdivision plat or SDP approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. 5.3 ENGINEERING Except as noted herein, all project development shall occur consistent with the LDC. 5.4 UTILITIES A. Water distribution, sewage collection and transmission systems shall be constructed throughout the project by the developer, Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County pursuant to the LDC, as amended, except as may be provided in this RPUD Document and in accordance with other applicable County ordinances. B. Upon completion of the utility facilities, they shall be tested to ensure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. Prior to the issuance of the first residential certificate of occupancy (CO), the developer shall install a minimum 6 foot high wall adjacent to the VORNADO RPUD FINAL (Bee 11-14-06).doc 5-1 .........~O..._'~.."....,...,__"_"~__.~__''''''''''"''''''''''''''''......_._'_''.,_'''"'.._,_,_....._____..-~"_ internal roadway which provides access to the wastewater treatment facility, Prior to the issuance of the first residential CO, the developer shall construct a 10 foot high wall along the easement and/or property line nearest the above ground wastewater storage tank. The general locations of these walls shall be noted on the conceptual Master Plan. No wall shall be permitted to encroach into any utility easement, and the wall(s) shall be set back from the easement or property line a sufficient distance so that structural wall supports shall also be outside of the utility easement. No landscaping or irrigation shall be required to be provided on the non-residential side of the wall(s). The developer shall be responsible for the structural maintenance of the wall, and the developer shall grant a maintenance easement, when requested by the County, to the County for general maintenance of the wall(s), D, The developer and Collier County shall cooperate to maintain or relocate any utility easements or utility facilities, as necessary, within the subject property. 5.5 WATER MANAGEMENT A. In accordance with the Rules of the South Florida Water Management District, this project shall be designed for a storm event of a 3-day duration and 25-year return frequency. B. The Vornado RPUD conceptual surface water management system is shown on the RPUD Conceptual Master Plan and Water Management Plan, Exhibit A. 5.6 ENVIRONMENTAL A. An exotic vegetation removal, monitoring and maintenance plan for the site shall be submitted to Environmental Services Department Staff for review and approval prior to final SDP/construction plan approval. A schedule for exotic vegetation removal shall be submitted with the above- mentioned plan. B. All approved Agency (SFWMD, ACOE, FFWCC) permits, if applicable shall be submitted prior to final SDP/construction plan approval. C. The developer shall provide a Phase I environmental audit prior to final SDP approval. VORNADO RPUD FINAL (Bee 11-14-06).doc 5-2 5.7 TRANSPORTATION The development of this RPUD Master Plan shall be subject to and governed by the following conditions: 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 edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the LDC, B. Arterial level street lighting shall be provided at all access points, Access lighting shall 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 RPU D 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 shall be consistent with the Collier County Access Management Policy (Res. No. 01-247), as it may 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 PUD amendment is approved. 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 available to the public prior to the issuance of the first CO. E. Road impact fees shall be paid in accordance with Collier County transportation provisions of the Consolidated Impact Fee Ordinance, 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 No. 01-247), as it may be amended, and the LDC, as it may be amended, Collier County reserves the right to modify or close any median opening existing at the VORNADO RPUD FINAL (Bee l1-14-06).doc 5-3 ~ ,._"'"....,"""'____,..."".._,__"...____"'_~"_,_____,_.'.h,_ time of approval of this RPUD 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 in/right 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 any existing County rights-of-way or easements, compensating right-of-way shall be provided without cost to Collier County as a consequence of such improvement. 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 cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO, L. This RPUD shall be subject to the County's Transportation Concurrency Exception area concurrency requirements in effect at development order. M, The developer shall provide payment in lieu of the installation of sidewalks on one side of the road as exempted in Section 2,5.C of the PUD document in accordance with 6.06,02 of the Land Development Code. The amount shall be determined by utilizing FDOT's 2004 Transportation Costs as amended. Payment for the deleted sidewalk shall be required at time of Site Development Plan or Plats and Plans application, 5.8 AFFORDABLE HOUSING A. The developer, or it's successors and assigns, shall make a financial contribution to the County Affordable Housing Trust Fund in the amount of $1,000.00 per dwelling unit constructed within the RPUD. This contribution shall be paid at the issuance of each building permit. This payment shall be credited against the project's obligations to pay any other affordable housing fees that may be adopted by the County, VORNADO RPUD FINAL (Bee 11-14-06).doc 5-4 5.9 SALE OF DWELLING UNITS A. All dwelling units constructed within the Vornado RPUD shall be available for sale to the general public. VORNADO RPUD FINAL (Bee 11-14-06).doc 5-5 -_._"""'_.",-,--.,,;..""...."''''''....~._..,_..,-'''.,.,._~._._..... -z- ~ ~~~ ~.. l ....~ ~~ . '" '.... ~iI ", .... i ", '" ...... =\ t :\ I ...., a '\~ .... .. IH ~i ! .1 It . It I ~ :~ [)' : r /,' . / I I ,': ~ / / r" /,'/ : /)/ h'/' Jt/ i / ~/. I ;" d. I ...r / 1 1 / IH ai ! I I / 1 I / ____~L~ DRIVE I 1 / I I / I I / / I I I 1 1 ,/ 0::: 0::: L I~i r '" I- Z :::> ... N 1111 II II Vi <.:I Z :3 '" ~ C ..J '" ;:: z '" c Vi '" '" I- Z'" ...0 :2'" ...0.. "'''' ~z ~ ~:r Vi ~~ ~ ~ ~~ 0 ~ ~g .- '" ",0 ~:r:2Lo. ~~~8 :2 :::> :2 x '" :2 '" ~ z :i 0 !:i o 0 :~ ~ 8~ 0 ~i ; !!!8 ti 00:: ~ ~~ ~ l>!~ c :;>:2 z 1-'" '" "'... zo.. w..J z> ~~ :~ !~ ~~ ~~ ....~ a..<C e;o 11..~ 01- "':5 51.1J ~a.. U5 -CQ:; '" ",0 ;2 ~~ :5!c ~'" 11.5:-l ~~ VJ~ · .J:g .....w ~ 1-:2 :i~ o z ,..: I- '" N o :::::> a..~ t:t:1 O-c O otlQ a.tt: . :i:9 ~"- O ~~ "'z .;:) <( ..,0 -v . ;Z:O<: ow Z 1=3 . ~8 t:t:= O~ > II il i~ lill WI : ~ ~ M ~""I li;:1 1,1918 OJ ~ iI ;!I I. .~ 1-1. ii!:1 , .11. ..." 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 copy of: ORDINANCE NO. 2006-52 Which was adopted by the Board of County Commissioners on the 14th day of November 2006, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of November 2006. DWIGHT E. BROCK Clerk of Courts and Clerk Ex-officio to Board of County Commissioners r- ~A--~ By:Martha Vergara, Deputy Clerk