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Ordinance 2007-34 ~g10111~1.;> ,_'" 79 '<)v.... ~ ~~ PJ; ,,'II\-C \ ~ '" /\!\'DJ"'.) 'j, I~. \~i ~6' 1,1, C'<'C'9ZSZ'l1't't; ORDINANCE NO. 07-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSNE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM AGRICULTURE WITH MOBILE-HOME OVERLAY (A-MHO) ZONING DISTRICT TO THE RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS KAICASA (RPUD) LOCATED ALONG THE NORTH SIDE OF STATE ROAD 29, JUST EAST OF VILLAGE OAKS ELEMENTARY SCHOOL, AND APPROXIMA TEL Y 2 MILES EAST OF THE INTERSECTION OF STATE ROAD 29 AND COUNTY ROAD 846, IN SECTION 12, TOWNSHIP 47 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 100" ACRES; AND BY PROVIDING AN EFFECTIVE DATE. :;! C' ~; r- r., CJ I :: --' >:, v:. ~' r"q:.:.- ,q ::l~1" -'(1 :;u I "'"" '"".,-,,~.. :~-'''' -fj c"^C'. u:J ::::::.:;.~, N 0- >r'-i - WHEREAS, Laura Spurgeon, AICP of JOHNSON ENGINEERING, INC., representing HABITAT FOR HUMANITY OF COLLIER COUNTY INC., 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 12, Township 47 South, Range 27 East, Collier County, Florida, is changed from the Agriculture Mobile-Home Overlay (A-MHO) Zoning District to the Residential Planned Unit Development (RPUD) Zoning District known as Kaicasa Residential Planned Unit Development in accordance with the RPUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 04-41, as amended, the Collier County Land Development Code, is/are hereby amended accordingly. 1 SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote by the Board of County Commissioners of Collier County, Florida, this n day of r17 6.- Ie e...L, 2007. ATTEST:" .~~ . Bj:(! DWIGHT 'E1:'BR0~CLERK ',' ..:....};,'7-t, ~....~"".. '\il':>J7:.,.J. \'l)", -':. '';. .... "~l~ 00 ~c D putf:Clerk~.iiV&S t.o Chd lr11dl1 S .<''.'. '. "It~tin Ofl J ~ Approyed ag16:[otin and legal sufficiency BOARD OF COUNTY COMMISSIONERS ::ll:Z~~N This ordinoncr,:>fI1~,,: witl-l th',~ S~c.r1!tary OfMotc'S (Office_ the U.\-l,1' 1 " V- 2.-' ," q ~-aay 0 _ ~f _.~- ond ocknowledgemen~ ';.k,thot fillil receiyed thiS _ day 01 ,r "2-' , 2 Community Development and Environmental Services Division KAICASA RPUD A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE KAICASA RPUD, A RESIDENTIAL PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: HABITAT FOR HUMANITY I I 145 Tamiami Trail East Naples, FL 34113 PREPARED BY: JOHNSON ENGINEERING, INC 2350 STANFORD COURT NAPLES, FL 34112 DATE REVIEWD BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Exhibit "A" TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I PROPERTY OWNERSHIP & DESCRIPTION SECTION II PROJECT DEVELOPMENT SECTION III RESIDENTIAL AREAS SECTION IV PRESERVE AREAS SECTION V DEVELOPMENT COMMITMENTS SECTION VI DEVIATIONS 11 I-I through 1-2 II-I through 11-2 III-I through III-3 IV-I through IV-I V-I through V-3 VI-I EXHIBIT I EXHIBIT 2 TABLE I TABLE 2 LIST OF EXHIBITS AND TABLES Location Map RPUD Master Plan Project Land Use Tracts Development Standards Page II-I Page m.2 i STATEMENT OF COMPLIANCE The subject property consists of 100:+: acres of property in Collier County, Florida, and will be developed as a Residential Planned Unit Development (RPUD) to be known as the Kaicasa RPUD. The property is located within the Immokalee Planning Community, The proposed development will consist of up to 400 residential dwelling units in the form of single-family attached or detached, zero lot line, two-family, duplex, or multifamily housing. The proposed development will be in compliance with the goals, objectives and policies set forth in the Collier County Growth Management Plan (GMP) for the following reasons: 1. The subject property is within the Immokalee Urban Area, as depicted on the countywide Future Land Use Map, and is designated High Residential District on the Immokalee Area Master Plan (lAMP) Future Land Use Map, According to the lAMP, the purpose of the High Residential District is to provide for a district of high density residential development. Residential dwellings shall be limited to multi-family structures and less intensive units such as single family and duplexes provided they are compatible with the district. A density less than or equal to eight (8) dwelling units per gross acre is pennitted. The proposed residential development is consistent with the parameters described in the lAMP for the High Residential District, and satisfies Objective ILl of the lAMP. 2, The proposed road and sidewalk system for the project provides for movement of pedestrians, motorized, and non-motorized vehicles consistent with Objective VI.1 of the lAMP. In accordance with GMP Future Land Use Element Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown (FLUE) on the master plan, 3, The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. The proposed residential project will be consistent with the only existing adjoining development which is the Farmworker's Village residential project to the west. The Immokalee Future Land Use Map designates property to the north, east and west as High Residential and property to the south as Low Rcsidential. The proposed development will be consistent with all these designations for future use of surrounding properties. 4. rhe project development shall comply with stormwater quality and quantity standards described in the Drainage Sub-Element of the Public Facilities Element. The site is designed to include preserved native vegetation, consistent with Goal IV oflhe lAMP. 5. The projected density of 4 dwelling units per acre (DU/A) is in compliance with the lAMP based on the following relationships to required criteria: Density per High Residential designation on Immokalee Future Land Use Map 8 DU/A Affordable housing density bonus (100% are for low income households) 8DU/A Permitted density 16 DU/A PROPOSED DENSITY 4 DU/A 400 units on 100:+: acres (gross acreage for residential use) 6, The provision of affordable housing in this development is consistent with Goal I of the Housing Element of the GMP and Goal III of the lAMP by creating affordable housing for residents of Collier County, including low and moderate income persons, rural residents, and farmworkers. The proposed project increases the number of affordable housing units to meet the housing needs of the County which is consistent with Objective I of the Housillg Element. 7. All final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance in accordance with Policy 11.1.2 of the lAMP. ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION J.l 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 ofKaicasa RPUD. 1.2 LEGAL DESCRIPTION The subject property, being 100:!: acres, is described as: That portion of referenced parcel 8 in Section 13, Township 47 South, Range 29 East, and that portion of referenced parcel 8 in Section 12, Township 47 South, Range 29 East, Collier County, Florida, described in O.R, Book 2153, Page 1901, being more particularly described as follows: Beginning at a 4" by 4" concrete monument found marking the Southwest comer of said Section 12: thence North 02013'13" West along the West line of Southwest 1/4 of said Section 12, a distance of 2670.91 feet to a 4" x 4" concrete monument found marking the Northwest comer of the Southwest 1/4 of said Section 12; thence North 02'13'27" West along the West line of the Northwest 1/4 of said Section 12 , a distance of 179,09 feet' thence departing said West line, North 87'46'47" East a distance of 1235.30 feet; thence South 02'13'13" East along a line 1235.30 feet East of and parallel with the West line of the Southwest 1/4 of said Section 12 a distance of 4193.59 feet to the Northerly maintained right-of-way line of State Road No, 29; thence North 45'03'20" West along said Northerly line a distance of 730.92 feet; thence North 44'55'22" West to an intersection with the Westerly line of said Section 13, a distance of 1088.66 feet; thence North 02019'02" West along said Westerly line, a distance of 7,56 feet to the point of beginning LESS AND EXCEPT THEREFROM all right, title and interest of the Grantor, if any, in and to the oil, gas and minerals of every kind or character located in, on or under, or that may be produced from said property, A site location map is provided as EXHIBIT I. 1.3 PROPERTY OWNERSHIP The subject property is currently under the ownership of: Habitat for Humanity of Collier County, Inc. 11145 Tamiami Trail East Naples, FL 34113 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located at the southwest comer of Section 12, Township 47 South, Range 29 East and at the northwest comer of Section 13, Township 47 South, Range 29 East, The project entrance is along the north side of State Road 29, just east of Village Oaks Elementary School, and approximately 2 miles east of the intersection of State Road 29 and County Road 846. B, The zoning classification of the subject property prior to the date of this approved RPUD Document was A-MHO, Rural Agricultural with Mobile Home Overlay. I-I 1.5. PHYSICAL DESCRIPTION The project site is located within the South Florida Water Management District. The natural drainage of the site is in a south and southeasterly direction, to the S.R, 29 canal along the project's southern border. The canal, in turn, discharges into the Fakahatchee Strand Preserve. The application includes a water management report and plan. Water management for the proposed project is planned to utilize existing wetland features with added capacity in lakes, Elevations within the project site range from 21 to 29 feet above mean sea level. Most of the site, however, has an elevation within 25 to 27 feet. The entire site is in Flood Zone A according to Finn Map Panel Number ISO (1202IC0150G) dated November 17, 2005. The soil types on the site include Chobee, Winder, and Gator soils, depressional (approximately 28 percent), and Wabasso fine sand (approximately 72 percent). Soil characteristics were derived from the USDAlNRCS Soil Survey for Collier County, Florida. 1.6, PROJECT DESCRIPTION The project is a residential neighborhood of 400 single-family attached or detached, zero lot line, two-family, duplex, or multifamily dwelling units designed with attention to natural site features. The project includes residential areas, streets, water management features, preserve areas and a recreation area. The site shall be designed, pennitted and developed in phases through estimated buildout in 2009, 1.7. SHORT TITLE This Ordinance shall be known and cited as the "Kaicasa Residential Planned Unit Development Ordinance," 1-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1. PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2. GENERAL Regulations for development of the Kaicasa RPUD shall be in accordance with the contents of this Document, RPUD- Residential Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and GMP in effect at the time of building permit application, Where these regulations fail to provide developmental standards, the provisions of the most similar district in the LDC shall apply. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by EXHIBIT 2, RPUD Master Plan. There shall be residential land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by EXHIBIT 2. TABLE I Project Land Use Residential TYPE Single-family attached or detached, zero lot line, two-family, duplex, or multifamily dwelling units UNITS 400 DU ACREAGE 48.05 ACRES Lakes 9,02 ACRES Preserve Preserves (minimwn 24,] acres) including upland buffers 30.18 ACRES RoadslRight-of-Way 12.75 ACRES 100.00 TOTAL ACRES B. Areas illustrated as lakes on EXHIBIT 2 shall be constructed as lakes, or upon approval, parts thereof may be constructed as shallow, intennittent wet and dry depressions for water retention purposes. Such lakes and intennittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by EXHIBIT 2, Minor modification to all tracts, lakes or other boundary may be permitted at the time of plat or site development plan approval, subject to the provisions of the LDC or as otherwise permitted by this RPUD Docwnent. C. In addition to tracts shown on EXHIBIT 2, such easements as necessary (utility, private, or semi-public) shall be established within or along the various tracts as may be necessary. II-l 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maxImum of 400 residential dwelling units shall be constructed in the total project area, The gross project area is 100:+: acres, The gross project density, therefore, will be a maximum of 4 dwelling units per acre. 2.5. RELATED PROJECT PLAN APPROVAL REOUlREMENTS EXHIBIT 2, RPUD Master Plan, constitutes the required RPUD development plan. Subsequent to or concurrent with RPUD approval, a site development plan andlor subdivision plat shall be submitted for the project. II-2 SECTION III RESIDENTIAL AREAS PLAN 3,1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated as residential tracts on EXHIBIT 2. 3,2. MAXIMUM DWELLING UNITS A maximum of 400 dwelling units shall be allowed within the Kaicasa RPUD. 3.3. 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: (I) Single-family detached dwelling units (A building which contains only one dwelling unit and is intended, designed, used and occupied by no more than one family); (2) Zero lot line dwelling units (A single-family attached or detached dwelling structure on individually platted lots which provides a side yard on one side of the dwelling and no yard on the other); (3) Two-family dwelling units (A single, freestanding conventional building intended, designed, used and occupied as two dwelling units attached by a conunon wall or roof, but wherein each unit is located on a separate lot under separate ownership); (4) Duplex dwelling units (A single, freestanding, conventional building on a single lot, which contains only two dwelling units and is intended, designed, used and occupied as two dwelling units under single ownership, or where each dwelling unit is separately owned or leased but the lot is held under common ownership); (5) Single-family attached dwelling units; (6) Multi-family dwelling units. B. Accessory Uses: (I) Customary accessory uses and structures, including private garages. (2) Common recreation amenities and play areas. 3.4. DEVELOPMENT STANDARDS (See Table II) A, GENERAL: All setbacks shall be in relation to the lot boundaries, except as otherwise provided (See Table II, Schedule of Development Standards). B. BUILDING HEIGHT: Building height shall be measured from the finished first floor elevation to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip, and gambrel roofs. C. GARAGE REQUIREMENT: A minimum of a single car garage is required for each dwelling unit. III-l TABLE 2 Development Standards for Residential Areas Single- Zero Two- Duplex - unit is Single-Family Multi-family Family Lot Family fee simple, lot Attached Detached Line fee IS common simple ownership lot PRINCIPAL STRUCTURES . ,.. I1Imum Lot Area 3,000 s.f. 3,000 3,000 s.f. 7,000 s.f. 1,700 s,f. 9,000 s.f. , s.f. Minimum Lot Width] 35 reet 35 reet 35 feet 70 reet 17 reet 90 reet MimlTIum Floor Area 900 s.f. 900 s.f. 900 s.f. 900 s.f. 900 s.f. 750 s.f. Front Yard Setback' 20 feet 20 reet 20 reet 20 reet 20 reet 20 reet Side Yard Setback' 5 reet o feet or o reet or 5 reet 10 reet 10 reet 5 reet 5 reet Rear Yard Setback 4 15 reet 15 reet 15 reet 15 feet 15 reet 15 feet Preserve Setback' 25 reet 25 reet 25 reet 25 reet 25 reet 25 reet Maximum Building Height 35 reet 35 reet 35 feet 35 reet 35 reet 35 reet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance 10 feet 10 reet 10 reet 10 reet 10 reet 10 reet Between Principal Structures ACCESSORY STRUCTURES Front Yard Setback S.P,S. S,p,S, S.P.S, S.P,S, S,P.S. S.P,S, Side Yard Setback S,P,S, S,p,S, S.P.S. S,P.S. S.P.S. S.P.S, Rear Yard Setback 5 reet 5 feet 5 reet 5 reet 5 reet 5 reet ( Accessorv) Preserve Setback6 10 reet 10 reet 10 feet 10 reet 10 reet 10 feet Maximum Building Height 35 reet 35 reet 35 feet 35 feet 35 reet 35 reet 2 stories 2 stories 2 stories 2 stories 2 stories 2 stories Minimum Distance o reet or 10 o reet or o reet or o feet or 10 reet o reet or 10 reet o reet or 10 Between Principal and feet 10 reet 10 feet reet Accessorv Structures' ] On cuI de sac lots and lots on the inside part of a curved streel, minimum 101 widlh may be reduced by 25%. , A minimum of 23 feet from edge of sidewalk to the garage must be provided, or 23 feet from edge of pavement where no sidewalk is provided, except Ihat side loaded garages may be 20 feet from property line if the applicant demonstrates that 2 vehicles can be adequately parked on a driveway without overhanging onto the sidewalk. ] For fee simple lots created as single family attached, zero lot line, or two family housing units, no side yard shall be required between interior units of a unified principal structure, and the required side yard shall be measured from the exterior wall of the principal structure. A minimum 10 foot separation between principal structures shall be maintained. 4 For lots adjacent to a lake, 0 feet from the lake maintenance easement. No structures are permitted in the required 20 foot lake maintenance easement. S Preserve setback for principal structures also applies to under roof attached structures part of the primary structure. , Preserve setback requirements of 10 feet for accessory structures also apply to any site alteration, although fill may . ".' approved to be placed within I 0 feet of the upland preserve but may not be approved to be placed within 1 0 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland. 7 Attached accessory lanais or roofed screened areas qualify for O-foot separation. Detached accessory structures require a minimum of a 10-foot separation. 1II-2 Develooment Standards Notes: S.P.S.: Same as Principal Structure Minimum lot areas for any unit type may be exceeded. The unit type, and not the minimum lot area, shall define the deFk:1ment standards to be applied by tbe Customer Services Department during an application for a building pernut. 1II-3 SECTION IV PRESERVE AREA 4.1. PURPOSE The purpose is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in a natural or enhanced state. The Master Plan shows up to 30,18 acres of preserved native vegetation, a minimum of which 30.0 acres will be delineated as preserve tracts in final design and platting. This satisfies the LDC minimum requirement of 25%, or 24.11 acres, to be dedicated as preserve area in the Kaicasa RPUD. 4.2. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits, when required: A. Principal Uses: (I) Open spaces/nature preserves; (2) Water management structures; (3) Boardwalks subject to appropriate approvals by permitting agencies, however such structures shall not reduce the retained native vegetation below the minimum required. IV-l SECTION V DEVELOPMENT COMMITMENTS 5.1. PURPOSE The purpose of this Section is to set forth the development commitments related to development of the Kaicasa RPUD. 5.2, GENERAL All facilities shall be constructed in accordance with final subdivision plats and all applicable state and local laws, codes, and regulations applicable to this RPUD. The developer, its successor or assigns shall be responsible for the commitments outlined in this Document. The developer, its successor 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, any successor or assigns in title shall be subject to any commitments within this Document. 5,3. RPUD MASTER PLAN A. EXHIBIT 2, RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as final platting or site development plan application. Amendments may be made subject to the provisions of the LDC. B. All necessary easements, dedications, or other instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. 5.4. SCHEDULE OF DEVELOPMENTIMONITORING REPORT AND SUNSET PROVISION A. The structures within the Kaicasa RPUD is proposed to be constructed beginning in mid 2007 with completion in 2009. The Kaicasa RPUD shall be subject to the PUD Sunset Provisions of the LDC. B. All of the dwelling units constructed within the Kaicasa RPUD shall be committed to occupancy by income restricted households at or below 60% of the median annual household income in Collier County at the time of construction. Covenants and restrictions shall be applied to all of the dwelling units within the Kaicasa RPUD to ensure affordability of all dwelling units for a period of at least fifteen (15) years from the date of issuance of a certificate of occupancy (CO). C. By the time building permits for 100 residential units are issued, the developer shall have constructed at least one playground area in the location shown on the RPUD Master Plan. V-l 5.5. TRANSPORTATION A. The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet, and street intersections shall be provided with a minimum of a 20-foot radius (face of curb) for all internal streets and a 35-foot radius for intersections at the project entrance. Tangents shall not be required between reverse curves on any project streets. B. 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), cunent edition, FDOT Design Standards, cunent edition, and the Manual on Uniform Traffic Control Devices (MUTCD), cunent edition. All other improvements shall be consistent with and as required by the Collier County LDC. C. Arterial level street lighting shall be provided at the development main access point. Access lighting shall be in place prior to the issuance of the first permanent certificate of occupancy (CO). D. Access points, including both driveways and proposed streets, shown on the RPUD Master Plan are considered to be conceptual. Nothing depicted on the Master Plan shall vest any right of access at any specific point along any property frontage. All such access issues shall be approved or denied during the review of required subsequent site plan or final plat submissions. All such access points shall be consistent with the Collier County Access Management Policy (Res. 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 to be processed. E. In accordance with GMP, Future Land Use Element, Policy 7.3, location of a proposed interconnection point with the adjacent Farmworkers Village property is shown on the Master Plan. F. Site-related improvements (as opposed 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. 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 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-inlright-out condition at any access point. Neither shall the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. I. All internal roads, driveways, alleys, pathways, sidewalks and interconnections to adjacent developments shall be operated and maintained by an entity created by the developer, and Collier County shall have no responsibility for maintenance of any such facilities. J. If any required turn lane improvement requires the use of any 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. STORMWATERMANAGEMENT A. The Kaicasa RPUD conceptual surface water management system is described in the Water Management Report, which has been included in the RPUD rezone application materials, Water management V-2 infrastructure will be owned, operated and maintained by the developer until conveyed to the property owner association. B. A 100 foot wide drainage and maintenance easement, along the southern property line to encompass the existing canal and provide maintenance access along the northern bank, shall be conveyed to Collier County prior to issuance of the first CO. 5.7. 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 the platted rights-of-way or within dedicated utility easements shall be conveyed to the Immokalee Water and Sewer District. B. Upon completion of the utility facilities, they shall be tested to ensure they meet the Immokalee Water and Sewer District construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of Immokalee Water and Sewer District. 5.8. ENVIRONMENTAL A. The Kaicasa RPUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on-site. A habitat management plan for protected species, including bear and panther, shall be submitted to Environmental Services Staff for review and approval prior to final construction plan approval. B. 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 development. All preserve areas shall be designated as preserve tracts on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation easements shall be dedicated on the plat to the Kaicasa homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. v-) SECTION VI DEVIATIONS Deviation #1 seeks relief from LDC Section 6.06.01.0 (also Construction Standards Manual as revised in Supp. 17, 03-55) which requires minimum local street right-of-way width of 60 feet. Section 5,5,A, ofthe RPUD Document states, "The minimum right-of-way width for local streets within the Kaicasa RPUD shall be 50 feet." This deviation is justified because of the small-scale setting of the neighborhood. This addresses concerns that a larger road right-of-way is conducive to higher speeds, and physical design of the broader road right-of-way becomes less articulated and does not relate to the neighborhood scale. A 50-foot right-of-way for a residential street can successfully facilitate movement of the vehicular, pedestrian and bike traffic while acconunodating all utility and drainage needs. The 50-foot right-of-way accomplishes traffic calming to provide a safer transportation system within the community. This dimension for a neighborhood right-of-way accommodates all the standard roadway functions so that the development is compact, and open spaces can be concentrated in areas of the property for enhanced environmental quality. Deviation #2 seeks relief from LDC Section 6.06,02, which requires construction of 5-foot wide sidewalks on both sides of local streets. Une 5-foot wide sidewalk is proposed on one side of the street within those portions of Kaicasa RPUD where there are no lots, where lots exist on only one side of the street. In all other areas, sidewalks would be placed on both sides of the street. This facilitates pedestrian mobility while limiting the extent of impacts created by sidewalks on both sides of the streets. The proposed sidewalks serve the purpose of connecting residents within the neighborhood to on-site destinations as well as off-site to Farmworker's Village. This deviation will not adversely impact pedestrian mobility for the project, and will reduce wetland impacts and reduce impervious areas for better water quality and storm attenuation. Deviation #3 seeks relief from the Construction Standards Manual as revised in Supp, 17, 03-55, which requires tangents for all streets between reverse curves, unless otherwise approved by the community development and environmental services division administrator. Section 5.5.A of the RPUD Document states, "Tangents shall not be required between reverse curves on any project streets." This deviation is justified because it is consistent with the Code provision for administrative discretion. The streets within the Kaicasa RPUD are not at a traffic capacity or speed level to require tangents between reverse CUlVCS. The site is designed with straight section curves and no super-elevated curves. With a speed limit of 25 miles per hour, the design promotes traffic calming. VI-l , I / / / / ,j (" I N -'_...':=---==:,=:::::}7"-::? -rJ.---- I l<mmOkalee It Airport /;;{ l( ( '-, . I II L"r SR29- I '---' ~ ~ i - ! IS i . CR 846 -~ o l.250 2.500 5,IJOO Feel IWIITAT F~ t-lUWNITY K.atcaIWIRPUD ~ C<lW1ly, """"" I( )I! \>\.)~< 235D.... Cault ~A)4.1t2 PHCJNEQ]!!).oIJ4-OJ3J E N GIN E E R I N G ...(239,......... E1ItMlftl ~M", - ... - ,-, EXHIBIT 1 COLLIER LAND HOlDINGS, LTO S to' l'I'PE "A~ SUfFER R ! HIGHRESIOENTlAL 10' TYPE ~A- BUfFER ~E5' 2,,54AC ~ I ~ " " - , 10 TYPE -A- BUffER - ~ / ~ / - \ " ',- / / R HIGH RESIDENTIAL GOLllER LAND HOlDINGS, L TO S ~" . 1.<I8.AC 'PR':'",', '. '. . .' . <8 o 125' 250' , SCAlE: 1 " _ , .... ~ R , - \ \ , " R " f , , ~ to' TYPE ~O" BUFFEH I , , , COLLIER COUNTY I HO~~~~~~~~SrTY I VILLAGE l 8 , , PR'ESERYE R , E o ;; ~ , , " " \ \ \ \ , \ \ : ~~, ''\. '\(' , ,,'-"., '\. '\. '~,. '\. '\. "~", "'\. I i"'S',R '\. "- I &, '\. '\. ~ o i< '"' R , -, \ " " , , R " " " , ~ o g, PRESERVE ~ x ~ ~ ~ Z- ~ . ~ ~ I ~ ~ ~ ~ o .... ~ o ~ ~ .... ~ ~ ;;; :<l o N .... COC LAND INVESTMENTS. INC. s J LOW RESIDENTIAL I ]OI-INS N 2350 STANFORD COURT NAPl.ES, flORIDA 34112 PHONE (239) 434-0333 FAX (239) 434-9320 E.B. #642 &: LB. 1642 ENGINEERING EXHIBIT 2 LAND USE KEY N RESIDENTIAL (R) -Single Famtty,Attached or Oe!!lched -Two Family -leroLot Lina .Ouplex -Mulllfamlly ..common Area -OpenSplJC& .Waler Management Af01l8 .TolLolReerealionArea 500' , 500' LEGEND o PRESERVE AREA D WATER IMNAGEMENT AREA -RPUDDOUNDARY - - - RIGHT.OF_WAY @AOJACENTZONlNGClASSIfICATION 1 LUC I ADJACe~ LAND use ClASSIFICATION PROJECT LAND USE RESIDENTIAL USE AREA LAKE PRESERVE" ROADS/ROW TOTAL NET ACREAGE 48,05 ACt 9.02 ACt 30.18 ACt 12.75ACt 100.00AC:l:- IMPERVIOUS AREA 23.50 ACt MINIMUM OPEN SPACE(60'Io) 60.00 ACt 400 UNITSf100 AC. '" 4 UNITS PER ACRE RPUO MASTER PLAN NOTES: I,Opcn5flact:J""HincludellCliYelUldJ1llSliverc~r=lliOllan:IUlSllChl5plaY8rounds, &olfcooIJeII,t.eBcl1fronlage,watcrwaYSlagoulll,fJDOdplains,nBlurolrails.vK!otber 'imiUu~nsplU:Cl,jncludinJ,l.tellIIselllidllfurpn:servllionofnativevegllllltlOll& landsl;apedlll'lllll. 2. The RPUD master plan WU be <:mISidcred coact:ptual in /IatUn:, J. The Iotal /Ium~ of dwc!Ji/lg unit< illimilcd 10 a mulm\lm of4oo units. 4. The delip and p<:rmininll of all improvements wirhin llm riibklf-w.y of StaID ROOd21llhallbeioBccordancnwilbllw:FloridlDepertmentofTI1IIIIipDllallon requlremenb. 5. Within 100 Kair;au RPUD, B 60% minimum. open .pace wI! beDl'lIicved OVI:r1be whole develOJlment. A nunimum 25% native vegetarion shall be n::tainc:d ~ile 10 incl\llkwetlltlldpreilC'rvclandupland~inltCOl'dancawiltlCollicrCoun'Y LllDd DcveJopmenl Code fA l.llNIMUM Of 30.0 ACRES Wlu. BE DElINEATED FOR THE PURPOSE Of' PRESERVE TRACTS IN THE FlNAl DESIGN AND PLATTING. A MINIMUM or 24.11 ACRES IS REQUIRED PER THE LOC NATIVE VEGETATION RElENTION REQUIREMENT ON SITE. KAICASA RPUD MASTER PLAN DAl' OCT 2006 H:ET EXHIBIT 2 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of: ORDINANCE 2007-34 Which was adopted by the Board of County Commissioners on the 27th day of March, 2007, during Regular Session, WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 3rd day of April, 2007. DWIGHT E. BROCK . !; , Clerk of Courts and"CHirk Ex-officio to' Bq;~r'& of" ' ' County CommiS::Si&i1er~ ,':{',.. ,: ." . ..",~.. . .. .,", "t.;: o_fa~~dF~ Polaski, Deputy Clerk