Ordinance 2007-35
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ORDINANCE NO. 07 35
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 RESIDENTIAL
SINGLE-FAMILY "RSF-4" TO "RPUD" RESIDENTIAL
PLANNED UNIT DEVELOPMENT KNOWN AS FAITH
LANDING, FOR PROPERTY LOCATED NORTH OF
LAKE TRAFFORD ROAD (CR-890) AND EAST OF
LAKE TRAFFORD PINE ESTATES, IN SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST, COLLIER
COUNTY, FLORIDA, CONSISTING OF 35.IH ACRES;
AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, Dwight Nadeau or RWA 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 S~tion 32,
,:..: -'
Township 46 South, Range 29 East, Collier County, Florida, is changed from "RSF-4" {C;'j,RPUD"
;', .., .,..:; ~"...<..,
Residential Plarmed Unit Development in accordance with the RPUD Document, attll~hed h~eto,,_.LJ
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as Exhibit "A", which is incorporated herein and by reference made part hereof. Th~appropJiate' '"
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zoning atlas map or maps, as described in Ordinance Number 04-41, as amended,:the(;Ollit;Li'
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County Land Development Code, is/are hereby amended accordingly.
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 / [) day of ~2LJ/ZJ. L ,2007.
,
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ATTEST:
DWIGijT E.BROCic; CLERK.
"
Attest I to' l:1l4 il'1R4llD&
'fOftilture ool~
Approved as to form
and legal sufficiency
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~
oJ . , AN
~ -- 1, 1
~~A.L. Yn ~Li0-td -.J-t-L.L.L '__
Mmjori . M. Student-Stirling ~
Assistant County Attorney
This ordinance filed with the
Secretory of State's Office the
..1f.2!!'doy of 1\t';I, ,~1
and oc:knowledgemen~ that
fllin received this day
of' 11 ~
By Oopu1yC
FAITH LANDING
A
RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING FAITH LANDING RPUD,
A PLANNED UNIT DEVELOPMENT PURSUANT TO
PROVISIONS OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE
PREPARED FOR:
HABITAT FOR HUMANITY OF COLLIER COUNTY, INC.
I I 145 T AMIAMI TRAIL EAST
NAPLES, FLORIDA 341 I3
PREPARED BY:
l1WTA~C
CONSULTING
..IL.... y y.L ....
6610 WILLOW PARK DRIVE
SUITE 200
NAPLES, FLORIDA 34109
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
03/01107
<I! ID{ 'l.bOi
-2001- 35
Exhibit "AI>
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TABLE OF CONTENTS
List of Exhibits, Tables and Appendix
Statement of Compliance
ii
Section I
Property Ownership and Legal Description
I-I
II-I
III-I
IV-I
V-I
VI-I
Section II
Project Development Requirements
Section III
Residential Development Standards
Section IV
Recreation Area
Section V
Preserve Area
Section VI
Development Commitments
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LIST OF EXHIBITS
EXHIBIT "AI>
RPUD MASTER PLAN
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STATEMENT OF COMPLIANCE
The development of approximately 35.11 acres of property in Collier County, Florida as a
Residential Plarmed Unit Development (RPUD) to be known as Faith Landing RPUD will be in
compliance with the goals, objectives, and policies of Collier County as set forth in the
Immokalee Area Master Plan (IMAP), as amended, located within the Collier County Growth
Management Plan (GMP), as amended. The residential uses and recreational facilities of the
Faith Landing RPUD are consistent wiili the growth policies, land development regulations, and
applicable comprehensive planning objectives of each of the element of the GMP and ilie
Immokalee Area Master Plan located therein for the following reasons:
I. The subject property is located wiiliin the area identified in ilie Immokalee Area Master
Plan (lAMP). Objective II. I of ilie lAMP states future land use designations, districts,
and sub-districts are binding on all development order requests wiiliin ilie boundaries of
the Immokalee Area Master Plan, and supersede those identified in Objective I of the
County-wide Future Land Use Element (FLUE) of the GMP. The Land Use Designation
Description Section allows for residential densities of less ilian or equal to eight (8)
dwelling units per gross acre for the High Residential District (21.9 acres X 8 DU/A =
175.2 DUs) and less ilian or equal to four (4) dwelling units per acre for the Low
Residential District (13.2 acres X 4 DU/A = 52.8 DUs). The proposed gross density of
the project is 4.98 dwelling units per acre (175 DUs 1 35.1 I acres = 4.98 DU/A). The
density proposed on areas designated High Residential District is 3.83 dwelling units per
acre, which is well below the density cap of 8 dwelling units per acre, The density
proposed on areas designated Low Residential District is 6.89 dwelling units per acre,
which is greater than the established density cap of 4 dwelling units per acre. The Special
Provisions ofilie Land Use Designation Description Section provides for a density bonus
when a proposed project provides affordable housing as specified in the Collier County
Land Development Code (LDC). Additional density is made possible through the
application for an Affordable Housing Density Bonus Agreement submitted to ilie
County. These density bonus provisions are proposed to be utilized to add 2.89 dwelling
units per gross acre to ilie Low Residential District designated lands in ilie RPUD. The
subject project is eligible to receive a density bonus of 8 dwelling units per gross acre, as
demonstrated in ilie companion Affordable Housing Density Bonus Agreement, added to
ilie base density of 8 dwelling units per acre within the High Residential District and 4
dwelling units per acre in the Low Residential District. The proposed density of 4.98
dwelling units per acre is less than ilie 16 and 12 dwelling units per acre provided for by
the Immokalee Area Master Plan, and is therefore consistent with the FLUE Policy 5.1 of
the GMP.
2. The uses and proposed density are consistent with the Land Use Designation Description
Section for both High Density Residential and Low Density Residential wiiliin ilie lAMP.
3. The location of ilie subject property is consistent wiili Policy II.!.4 of ilie lAMP, and is
within walking distance to the Neighborhood Center located at the intersection of Lake
Trafford Road and S.R. 29.
4. The proposed project will provide for affordable housing as defined by ilie Housing
Element of ilie Collier County GMP and is consistent with Objective I of the Housing
Element of the GMP and Policy IIL3.3 ofilie lAMP.
11
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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 Faith Landing RPUD.
1.2 LEGAL DESCRIPTION
A PARCEL OR TRACT OF LAND SITUATED IN THE STATE OF FLORIDA,
COUNTY OF COLLIER, IN SECTION 32, TOWNSHIP 46 SOUTH, RANGE 29
EAST, AND BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTH ONE-QUARTER CORNER OF SECTION 32,
TOWNSHIP 46 SOUTH, RANGE 29 EAST; THENCE N.89015'34"E., ALONG THE
NORTH LINE OF SAID SECTION 32, FOR 1,328.41 FEET; TO THE EAST LINE OF
THE NORTHWEST QUARTER, OF THE NORTHEAST QUARTER, OF SAID
SECTION 32; THENCE S.00043'23"E., ALONG SAID EAST LINE FOR 705.97 FEET
TO A POINT AT THE NORTHEAST CORNER OF TRAFFORD PINE ESTATES,
SECTION ONE AS RECORDED IN PLAT BOOK 10, PAGES 99-100, OF THE
PUBLIC RECORDS OF SAID COLLIER COUNTY, FLORIDA; THENCE
S.89020'19"W., ALONG THE NORTH LINE OF LOT 31, BLOCK 4, AND THE
NORTH RIGHT OF WAY LINE OF NORTH 18TH STREET, OF SAID PLAT OF
TRAFFORD PINE ESTATES, FOR 159.70 FEET TO THE NORTHWEST CORNER
OF SAID NORTH 18TH STREET; THENCE N.00043'08"W., FOR 261.31 FEET TO A
POINT OF CURVATURE; THENCE NORTHWESTERLY 39.27 FEET ALONG THE
ARC OF A TANGENTIAL CIRCULAR CURVE TO THE LEFT HAVING A RADIUS
OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 89059'36" AND BEING
SUBTENDED BY A CHORD WHICH BEARS N.45042'56"W. FOR 35.35 FEET;
THENCE S.89017'16"W., FOR 437.85 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 39.30 FEET ALONG THE ARC OF A TANGENTIAL
CIRCULAR CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET
THROUGH A CENTRAL ANGLE OF 90003'32" AND BEING SUBTENDED BY A
CHORD WHICH BEARS S.44015'30"W. FOR 35.37 FEET; THENCE S.00046'16"E.,
FOR 586.21 FEET TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY
39.23 FEET ALONG THE ARC OF A TANGENTIAL CIRCULAR CURVE TO THE
LEFT HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF
89055'01" AND BEING SUBTENDED BY A CHORD WHICH BEARS S.45043'47"E.
FOR 35.33 FEET; THENCE N.89018'43"E., FOR 105.04 FEET TO THE NORTHWEST
CORNER OF CUSTER AVENUE, AND THE SOUTHWEST CORNER OF TRACT
"B" AS SHOWN ON SAID PLAT OF LAKE TRAFFORD ESTATES SECTION ONE;
I-I
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THENCE ALONG THE WEST LINE OF SAID PLAT OF LAKE TRAFFORD
ESTATES SECTION ONE, THE FOLLOWING SEVEN (7) CALLS:
THENCE S.00051'I3''E., FOR 30.06 FEET;
THENCE N.89033'00"E., FOR 7.00 FEET;
THENCE S.00040'36''E., FOR 389.91 FEET;
THENCE S.89015'03"W., FOR 556.29 FEET;
THENCE S.00048'04''E., FOR 359.84 FEET;
THENCE N.89018'41"E., FOR 97.78 FEET;
THENCE S.00041'10''E., FOR 160.22 FEET TO A POINT AT THE SOUTHWEST
CORNER OF LOT 4, BLOCK 7, OF SAID PLAT OF LAKE TRAFFORD PINE
ESTATES SECTION ONE; THENCE S.89016'59"W., FOR 357.52 FEET TO THE
EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 32; THENCE
N.00047'23''W., ALONG SAID NORTHEAST QUARTER OF SECTION 32, FOR
1,995.61 FEET TO THE POINT OF BEGINNING.
CONTAINING 1,529,323 SQUARE FEET, OR 35.1 I ACRES, MORE OR LESS.
BEARINGS ARE BASED ON THE NORTH LINE OF SECTION 32, TOWNSHIP 46
SOUTH, RANGE 29 EAST AS HAVING AN ASSUMBED BEARING OF
N.89015'34"E.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND RIGHTS OF
WAY (RECORDED AND UNRECORDED, WRITTEN AND UNWRITTEN).
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
Habitat for Humanity of Collier County, Inc. (Folio: 00073520009)
1.4 DEVELOPER
The Faith Landing RPUD is intended to be developed by Habitat for Humanity of Collier
County, Inc., all references to the "developer" as may be contained in this RPUD
Document shall mean Habitat for Humanity of Collier County, Inc., unless, and until the
subject property described and depicted in this RPUD Document is conveyed, or
assigned. It is the responsibility of Habitat for Humanity of Collier County, Inc. to notifY
Collier County, in writing, of the land conveyance, or assignment of the subject property
described and depicted in this RPUD Document within six months from the actual
conveyance, or assignment.
1.5 PHYSICAL DESCRIPTION
The development property is located in the north half of Section 32, Township 46 South,
Range 29 East. The proposed project site is presently undeveloped, but has been
disturbed on portions of the property by clearing and off-road vehicle use. Historically
timbering and cattle grazing have occurred on the property. The property's jurisdictional
wetlands have been infested with exotic species. The property is generally without
topographic relief, with elevations ranging from 32 feet to 36 feet above mean sea level.
The site contains areas of jurisdictional wetlands that are characterized as transitional
wetlands in which the predominant vegetation is a mix of Brazilian Pepper, Wax-
MyrtlelWillow, and wetland shrub, and associated upland and wetland plants.
1-2
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The water management system consists of approximately 3. I acres of water management
areas that will receive run-off from structures and parking areas. Run-off is collected by
catch basins and culvert systems for conveyance to the project's internal lake system.
The proposed conceptual surface water management plan will incorporate best
management practices for above ground surface water treatment and storage prior to
discharge. The collected surface water will discharge into existing jurisdictional
wetlands located at north of the project and proceed northward, under Westclock Road.
1.6 PROJECT DESCRIPTION
The Faith Landing RPUD shall be a 100 percent affordable housing residential
development consisting of both single-family housing and two-family housing. Each unit
is intended to be sold in fee simple, including the platted lot upon which the residential
unit will be located. The amenities proposed as developer commitments to be provided in
the project include children's playground facilities, lake(s), natural and landscaped open
spaces, and a variety of passive (native preserves) and active recreational opportunities.
Access to the property will be from proposed extensions to the following platted streets:
Eden Avenue (Plat Book 4, Pg. 70), and Custer Avenue, North 18th Street, and Lincoln
Avenue (all in Plat Book 10, Page 99). Given that the proposed project will be
constructed in a predominantly developed residential neighborhood, the provisions and
commitments of this RPUD and associated RPUD Master Plan will ensure compatibility
with existing residences.
Each residential unit will be served with centrally provided potable water, sanitary sewer,
electric power, and telephone.
I 7 SHORT TITLE
This Ordinance shall be known and cited as the "Faith Landing 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
development, relationships to applicable County ordinances, the respective land uses of
the Faith Landing RPUD development, as well as other project relationships.
2.2 GENERAL
Regulations for development of the Faith Landing RPUD shall be in accordance with the
contents of this Document, the RPUD-Planned Unit Development District and other
applicable sections and parts of the LDC and GMP in effect at the time of the approval of
the particular development order to which such regulations apply, such as, but not limited
to site development plan, final subdivision plat, or building permit. Where these RPUD
regulations fail to provide developmental standards, then the provisions of the most
similar district in the County LDC shall apply.
II-I
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2.3 DESCRIPTION OF PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets and use of land is illustrated
graphically by Exhibit "A", RPUD Master Plan.
TABLE I
PROJECT LAND USE TRACTS
TYPE UNITS/FT. ACREAGE:t
TRACT "R" RESIDENTIAL 175 26.49
TRACT "RA" RECREATION AREA 0 0.19
TRACT "P" PRESERVE 0 8.42
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon
approval, parts thereof may be constructed as shallow, intermittent wet and dry
depressions for water retention purposes. Such areas shall be in the same general
configuration and contain the same general acreage as shown by Exhibit "A".
Minor modification to all tracts, lakes or other boundaries may be permitted at the
time of final plat or site development plan (SDP) approval, subject to the
provisions of the LDC, or as otherwise permitted by this RPUD Document.
2.4 MAXIMUM PROJECT DENSITY
A maximum of 175 residential dwelling units may be constructed in the total project area.
The gross project area is approximately 35.1 I acres. The gross project density, therefore,
will be a maximum of 4.98 dwelling units per acre.
II-2
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2.5 LAKE SETBACK AND EXCAVATIONS
Removal of fill from the Faith Landing RPUD shall be limited to an amount up to ten
percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a
commercial excavation permit is received.
2.6 RIGHTS-OF-WAY
A. All platted project streets shall have a minimum 60-foot right-of-way and shall be
public streets owned and maintained by Collier County.
B. Utilization of areas within all project rights-of-way for landscaping, decorative
entranceways, and signage may be allowed subject to review and administrative
approval by the County Manager, or his designee, for engineering and safety
considerations prior to installation.
2.7 CONSTRUCTION OPERATION FACILITIES
Temporary uses for construction staging and administration shall be permitted anywhere
within Tract "R", or Tract "RA" in the Faith Landing RPUD subject to the requirements
of the LDC.
2.8 NATIVE VEGETATION RETENTION REQUIREMENTS
A minimum of 7.87 acres (25% of the native vegetation on site) are required to be
retained or replanted. The two preserves, Tract "P", contain a total of approximately 8.42
acres. For the purposes of this RPUD, the Preserve Tracts will fully satisfy the native
vegetation requirements of Collier County.
Native vegetation areas do not include those areas of vegetation that have greater than
seventy-five percent (75%) canopy coverage of exotic species.
II-3
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SECTION III
RESIDENTIAL DEVELOPMENT STANDARDS
3.1 PURPOSE
The purpose of this Section is to identifY specific development standards for areas
designated as Tract "R" on the RPUD Master Plan, Exhibit "A". Infrastructure,
perimeter land use buffers, as well as project signage will occur within Tract "R".
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units allowed within the RPUD shall be
established at the time of development plan review, but shall not exceed 175 dwelling
units and shall be developed consistent with the project's Affordable Housing Density
Bonus Agreement.
3.3 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 uses:
A. Principal Uses:
I) Single-family attached dwellings (including two-family housing intended
for fee simple conveyance including the platted lot associated with the
residence).
2) Single-family detached dwellings.
B. Accessory Uses:
Customary accessory uses and structures including, but not limited to private
garages, swimming pools with, or without screened enclosures, and other outdoor
recreation facilities.
3.4 DEVELOPMENT STANDARDS
A. GENERAL: Except as provided for herein, all criteria set forth below shall be
understood to be in relation to individual parcel or lot boundary lines, or between
structures, as applicable. Homeowners' association boundaries shall not be
utilized for determining development standards.
B. LANDSCAPE: The project shall be landscaped with native scrub oaks (three to
four per acre) and other native plants. Planting of perch trees (over thirty feet
mature height) shall be avoided.
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TABLE II
RESIDENTIAL DEVELOPMENT STANDARDS
DEVELOPMENT SINGLE- SINGLE-
STANDARDS F AMIL Y F AMIL Y
DETACHED ATTACHED
TWO-FAMILY
PRINCIPAL STRUCTURES
MINIMUM LOT AREA 2,250 S.F. 2,250 S.F.
MINIMUM LOT WIDTH 40 FEET 25 FEET
MINIMUM FLOOR AREA 1,000 S.F. 1,000 S.F.
MIN FRONT YARD 16 FEET 16 FEET
MIN SIDE YARD 7.5 FEET o FEET Of
6 FEET
MIN REAR YARD 15 FEET 15 FEET
MIN PRESERVE SETBACK 25 FEET 25 FEET
MIN. DIST.
BETWEEN STRUCTURES 15 FEET 12 FEET
MAX. BLDG. HT. I STORY I STORY
NOT TO EXCEED 25 FEET 25 FEET
ACCESSORY STRUCTURES
FRONT S.P.s. S.P.s.
SIDE S.P.S. S.P.S
REAR (ATTACHED) 5 FEET 5 FEET
(DETACHED) 5 FEET 5 FEET
PRESERVE SETBACK 10 FEET 10 FEET
MIN. DIST.
BETWEEN STRUCTURES 15 FEET 12 FEET
MAX. BLDG. HT. I STORY I STORY
NOT TO EXCEED 25 FEET 25 FEET
S.P.S.: Same as Principal Structures.
III-2
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Notes:
1)
The location of structures proposed adjacent to a lake may have no setback from the
lake maintenance easement.
2)
No slructures shall be permitted in the required, 20 foot lake maintenance easement.
3) A 15-foot wide setback shall be maintained from any slructure to any project
perimeter property line.
4) For all residential units, garages shall be located a minimum of 23 feet from /he back
of the sidewalk loca/ed in the stree/ rights-of-way closest to the garage to avoid
vehicles being parked across a por/ion, or all of the reftrenced sidewalk.
III-3
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SECTION IV
RECREATION AREA
4.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"RA," Recreation Area on Exhibit "A", RPUD Master Plan. The primary function and
purpose of this Tract is to provide for social and recreational areas/spaces as an amenity for
the residents of the project.
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 the issuance of regional, State and
Federal permits, when required:
Principal Uses:
I) Structures intended to provide social and recreational space;
2) Outdoor recreation facilities, such as a community swimming pool, tennis
and basketball courts, playground improvements/facilities, and passive and/or
active water features;
3) Any other principal use which is comparable in nature with the foregoing
uses and is approved through the process set forth in the LDC at the time of
the request for such use.
Accessory Uses:
Customary accessory uses or structures incidental to recreation areas and, or
facilities, including structures constructed for purposes of maintenance, storage
or shelter with appropriate screening and landscaping.
4.4 DEVELOPMENT STANDARDS
GENERAL: Except as provided for herein, all criteria set forth below shall be understood to
be in relation to individual parcel or lot boundary lines, or between structures.
Homeowners' association boundaries shall not be utilized for determining development
standards. Development standards for Tract RA are contained in Table II in this Document.
There shall be a minimum of 20 feet separation for recreational building(s) from all
residential units.
IV-I
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SECTION V
PRESERVE AREAS
5.1 PURPOSE
The purpose of this Section is to set forth the development plan for areas designated as Tract
"P", Preserve Areas on Exhibit "A", RPUD Master Plan. The primary function and purpose
of these Tracts is to preserve and protect vegetation and naturally functioning habitats, such
as wetlands, including upland buffers, in their natural, and/or enhanced state.
5.2 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 the issuance of regional, State and
Federal permits, when required:
Principal Uses:
Open spaces/nature preserves.
Accessory Uses:
I) Water management structures.
2) Mitigation areas.
3) Hiking trails (pervious only), boardwalks, shelters with pervious base, or
other such facilities constructed for the purposes of passage through or
enjoyment of the site's natural attributes subject to approval by the
appropriate permitting agencies. Any trails or other uses in the preserve shall
not decrease the native vegetation retention to less than that required in
Section 2.13 of this Document.
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SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section IS to set forth the development commitments for the
development of the project.
6.2 GENERAL
The developer, its successors or assignee, shall follow the Master Development 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 successors or assignee in title to
the developer is bound by any commitments within this Document. These commitments
may be assigned or delegated to a homeowners' association to be created by the developer.
Upon assignment or delegation, the developer shall be released from responsibility for the
commitments.
6.3 TRANSPORTATION
The development of this RPUD Master Development 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
must be in place prior to the issuance of the first certificate of occupancy (CO).
C. Access points, including both driveways and proposed streets, shown on the RPUD
Master Plan are considered to be conceptual. Nothing depicted on any such Master
Plan shall vest any right of access at any specific point along any property frontage.
All such access issues shall be approved or denied during the review of required
subsequent site plan or final plat submissions. All such access 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.
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 ofthe first CO.
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E. All work within Collier County rights-of-way or public easements shall require a
right-of-way permit.
F. 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 ofthe public. Any such
modifications shall be based on, but are not limited to, safety, operational circulation,
and roadway capacity.
G. 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.
H. All internal roads, sidewalks and interconnections to adjacent developments shall be
operated and maintained by Collier County, and the developer shall have no
responsibility for maintenance of any such facilities. The project roadways shall be
designed consistent with the LDC.
1. If required turn lane improvements require 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.
J. 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.
K. Adjacent developments have been designed to provide shared access or
interconnections with this development. The RPUD Master Plan indicates these
locations. The developer, or assigns, shall assure that any such shared access or
interconnection is utilized and shall accommodate the perpetual use of such access
by incorporating appropriate language into the development covenants or plat.
L. The developer shall provide vehicular interconnection of the project to Eden A venue
through the installation of a short link of roadway within the Eden Avenue Right-of-
Way recorded in Collier County Plat Book 4, Page 70.
6.4 WATER MANAGEMENT
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. 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 Planning Services Staff grants approval of the proposed construction
in accordance with the approved plans.
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B. An excavation permit will be required for the proposed lakes in accordance with the
LDC and South Florida Water Management District Rules.
C. The project shall obtain a Surface Water Management Permit from the South Florida
Water Management District prior to any site development plan approval.
6.5 UTILITIES
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Water distribution and sewage collection and transmission facilities to serve the
project are to be designed, constructed, conveyed, owned, and maintained in
accordance with applicable County Ordinances and other applicable County rules
and regulations.
6.6 ENVIRONMENTAL
The development of this RPUD Master Development Plan shall be subject to and governed
by the following conditions:
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules, and be subject to review and approval by
Environmental Services Staff. Removal of exotic vegetation shall not be counted
toward mitigation for impacts to Collier County jurisdictional wetlands,
B. 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.
C. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans, and shall be recorded on the plat with protective
covenants per, or similar to, those found in Section 704.06, of the Florida Statutes.
Conservation areas shall be dedicated on the plat to the project's homeowners'
association or like entity for ownership and maintenance responsibility and to Collier
County with no responsibility for maintenance. All setbacks and buffers shall be
provided in accordance with LDC Sections 3.05.07.H.I.d., and 3.05.07.H.3.
D. Existing areas in designated preserves that do not meet the native vegetation
definition shall be replanted with native vegetation, The replanting plan shall be
subject to review and approval by Environmental Services Staff prior to final plat,
site development plan, or building permit approval.
E. Where possible, natural buffers shall be provided around wetlands, extending at least
fifteen (I5) feet landward from the edge of the wetland preserves in all places, and
average twenty-five (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 Resource Permit Rules.
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F. This RPUD shall comply with the guidelines of the USFWS and FFWCC for impacts
to protected species. A habitat management plan for those species shall be submitted
to Environmental Review Staff for review and approval prior to site plan approval.
G. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the
site, with emphasis on the conservation/preservation areas, shall be submitted to
Environmental Services Staff for review and approval prior to final site
plan/construction plan approvaL This plan shall be implemented on a yearly basis at
minimum, or more frequently when required to effectively control exotics, and shall
include methods and a time schedule for removal of exotic vegetation from within
conservation/preservation areas.
H. All approved Agency (SFWMD, ACOE, FFWCC) permits shall be submitted prior
to final Plat/Construction Plan approval.
1. A Gopher Tortoise relocation/management plan and Scrub Jay management plan
shall be submitted for review and approval at the time of final construction plan
submittaL
J. Compensation for the loss of suitable Florida Panther habitat within the Florida
Panther consultation area through preservation and restoration of appropriate off-site
habitat shall be addressed by USFWS and FFWCC requirements prior to final plat or
site development plan approvaL
K. Wetland habitat loss due to wetland impacts of this project shall be functionally
replaced within the core foraging area of the four affected woodstork colonies. The
applicant shall provide evidence of the replacement prior to final plat or site
development plan approval
L. The "Draft Standard Protection Measures for the Eastern Indigo Snake (Service
2002)" shall be used during any site preparation and project construction. These
protection measures shall be included in site/construction plans prior to County
approvaL
6.7 ACCESSORY STRUCTURES
Accessory structures may be constructed simultaneously with, or following the construction
of the principal structures. A construction operation/management office may be constructed
after zoning approvaL
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0:\2003\030108.00.01 Habitat-Faith LandingZoning\0004 Rezoning\Faith Landing RPUD 04-02-07(cJean).doc
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HABITAT FOR HUMANITY
OF COLLIER COUNTY
FAITH LANDING
RPUD
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~!r~Tlh~ Enginc~,Sun'm)[~&~lappw;
.a. '" y Y.J. .&. PI:mnm, Project Manager!
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RPUD MASTER PLAN
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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 2007-35
Which was adopted by the Board of County Commissioners
on the 10th day of April, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of April, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to ~oardiu~
County Commission:er:s' .,
'~~1L:~
1 _. V-C'
By: Martha Verga.ra,
Deputy Clerk' ,