Ordinance 2007-46
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~f:l~\1.ot.ro 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 COMPREHENSIVE 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 THE RURAL
AGRICULTURAL (A) AND PLANNED UNIT
DEVELOPMENT (PUD) ZONING DISTRICTS TO
RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD),
TO ADD 20.27010 ACRES AND 117 DWELLING UNITS FOR A
TOTAL OF 167.96", ACRES AND 671 DWELLING UNITS,
AND AMEND THE ALLOW ABLE USES AND THE MASTER
PLAN, FOR PROPERTY LOCATED ON THE NORTH SIDE
OF VANDERBILT BEACH ROAD (C.R. 862),
APPROXIMATELY ONE-HALF MILE WEST OF COLLIER
BOULEVARD (C.R. 951), IN SECTION 34, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 167.96", ACRES; PROVIDING FOR THE
REPEAL OF ORDINANCE NUMBER 03-45, THE FORMER
WOLF CREEK PUD; AND BY PROVIDING AN EFFECTIVE
DATE.
.,
. j
WHEREAS, Larry Mayer Abbo, of Prime Homes at Portofino Falls, Ltd. and William L.
Hoover, of Catalina Land Group Inc., both of whom are represented by David R. Underhill, Jr.,
of Banks Engineering and Richard Yovanovich, of Goodlette, Coleman and Johnson, P.A.,
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 property located in Section 34,
Township 48 South, Range 26 East, Collier County, Florida, is changed from the Rural
Agricultural (A) and Planned Unit Development (PUD) Zoning Districts to the Residential
Planned Unit Development (RPUD) Zoning District in accordance with the RPUD Document,
attached hereto as Exhibit "A", incorporated herein and by reference made a 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.
Wolf Creek PUD, PUDZ-A-2005-AR-7422
Page I of2
SECTION TWO:
Ordinance Number 03-45, known as the Wolf Creek PUD, adopted on September 23,
2003, by the Board of County Commissioners of Collier County, is hereby repealed in its
entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by a super-majority vote of the Board of County
Commissioners of Collier County, Florida, this ::8~ay of /Y)~ ,2007.
ATTEST:
DWIGH,l:;p.~~(l)<;;~,~LERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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Attest s to'.t;c!'11'l141l'l' P
11g1ltture GAlli c,.:........
:.I". J..,. SL~\\ .
BY~~
J S COLETTA, CHAIRMAN
Approved as to form and
legal sufficiency:
-rn(; 'J' ,.. m (1XhJJ,1..t -fJ.(Lcilt_j
MaJjori M. Student-Stirling
Assistant County Attorney
This ordinance filed with the
Secretory of State's Office the
L day of J!L~, 2.oD'7
and acknowledgement of that
filin;l received this ~ day
of oJY~'7h~{[ ;L
y ()eputy C ,
Wolf Creek PUD, PUDZ-A-2005-AR-7422
Page 2 of2
EXHIBIT "A"
WOLF CREEK RPUD
A RESIDENTIAL PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WOLF CREEK RPUD, A RESIDENTIAL
PLANNED UNiT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND
DEVELOPMENT CODE
PREPARED FOR:
LARRY MAYERABBO, V.P.
PRIME HOMES, INC.
21218 ST. ANDREWS BLVD., #510
BOCA RATON, FLORIDA 33433
and
WILLIAM L. HOOVER, PRES. of CATALINA LAND GROUP, INC., the MANAGER of
WOLF CREEK ESTATES, LLC and BUCKSTONE ESTATES, LLC
3775 AIRPORT ROAD N., SUITE B
NAPLES, FLORIDA 34105
PREPARED BY:
BANKS ENGINEERING
2515 NORTH BROOKE PLAZA DRIVE, SUITE 200
NAPLES, FLORIDA 34119
ROBERT PRITT
ROETZEL & ANDRESS, L.P.A.
850 PARK SHORE BOULEVARD, 3RD FLOOR
NAPLES, FLORIDA 34103
and
RICHARD D. YOVANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 TAMIAMI TRAIL N., #300
NAPLES, FLORIDA 34103
DATE FILED March 23. 2005
DATE REVISED Julv 18.2006
DATE REVISED ADril 24. 2007
DATE REVIEWED BY CCPC ~ 2007
DATE APPROVED BY BCC 2. 2,2001
ORDINANCE NUMBER 2003 45
AMENDMENTS AND REPEAL tJ 7, - 4-5
Revised 5/31/07 to reflect BCC changes
TABLE OF CONTENTS
TABLE OF CONTENTS
PAGE
ii
LIST OF EXHIBITS AND TABLES
Hi
STATEMENT OF COMPLIANCE
1
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION II PROJECT DEVELOPMENT REQUIREMENTS
2
6
SECTION III RESIDENTIAL AREAS PLAN
9
SECTION IV PRESERVE AREAS PLAN
14
SECTION V DEVELOPMENT COMMITMENTS
15
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
11
Revised 5/31/07 to reflect Bee changes II
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" RPUD MASTER PLAN
EXHIBIT "B" RPUD CONCEPTUAL UTILlTYIWATER MANAGEMENT PLAN
EXHIBIT "C" LOCATION MAP
TABLE I DEVELOPMENT STANDARDS
Revised 5/31/07 to reflect BCC changes III
STATEMENT OF COMPLIANCE
The development of approximately 167.96 acres of property in Collier County, Florida,
as a Residential Planned Unit Development (RPUD) to be known as the Wolf Creek
Residential PUD, will be in compliance with the planning goals and objectives of Collier
County as set forth in the Collier County Growth Management Plan (GMP). The
residential facilities of the Wolf Creek RPUD will be consistent with the growth policies,
land development regulations, and applicable comprehensive planning objectives for
the following reasons:
1. The subject property's location, in relation to existing or proposed community
facilities and services, permits the development's residential density as described
in Objective 2 of the Future Land Use Element (FLUE).
2. The project development is compatible with and complimentary to surrounding
land uses as required in Policy 5.4 of the FLUE.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code (LDC) as set forth in Objective 3 of the
FLUE.
4. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
5. The project is located within the Urban Residential Subdistrict designation of the
FLUE. The project density of 3.99 dwelling units per acre is in compliance with
the FLUE of the GMP based on the following relationships to required criteria:
Base Density
Maximum Permitted Density
+4
+4
dwellina units/acre
dwelling units/acre
Maximum permitted units = 167.96 acres x 4 dwelling units/acre = 671
units.
Requested dwelling units = 671, which results in a requested density of
3.99 dwelling units/acre.
6. All final local development orders for this project shall be subject to the Adequate
Public Facilities Requirements, of the LDC.
Revised 5/31/07 to reflect BCC changes
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 Wolf Creek Residential RPUD.
1.2 LEGAL DESCRIPTION
The subject property being 167.96:t acres, is comprised of 9 separate parcels
that are located in Section 34, Township 48 South, Range 26 East, Collier
County, Florida, and are fully described as:
A. Parcel 1 - The South half of the Southwest quarter of the Northwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, subject to an easement for public road right-of-way over and
across the south 30 feet and the west 30 feet thereof.
B. Parcel 2 - The South half of the Southeast quarter of the Northwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, subject to an easement for public road right-of-way over and
across the south 30 feet thereof.
C. Parcel 3A - The North half of the Northeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, less Parcel 3B, subject to an easement for public road right-of-
way over and across the north 30 feet and the east 30 feet thereof.
D. Parcel 3B - A parcel of land located in the Southwest quarter of Section
34, Township 48 South, Range 26 East, Collier County, Florida, being
more particularly described as follows: commence at south Y. corner of
Section 34, Township 48, Range 26 East, Collier County, Florida; thence
run north 02013'26" west, along the east line of the southwest Y. of said
Section 34, for a distance of 2005.53 feet to the southeast corner of the
north Y, of the northeast Y. of the southwest Y. of said Section 34 and the
Point of Beginning of the parcel of land herein described: thence run north
89051'58" west, along the south line of the north Y, of the northeast Y. of
the southwest Y. of said Section 34, for a distance of 1245.00 feet; thence
run north 02013'26" west, parallel with the east line of the southwest Y. of
said Section 34, for a distance of 420.21 feet; thence run south 89051'58"
east, parallel with the south line of the north Y, of the northeast y. of the
southwest Y. of said Section 34, for a distance of 1245.00 feet; thence run
Revised 5/31/07 to reflect Bee changes 2
south 02013'26" east, along the east line of the southwest Y. of said
Section 34, for a distance of 420.21 feet to the Point of Beginning.
E. Parcel 4 - The North half of the Southeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
F. Parcel 5 - The South half of the Southeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida, subject to an easement for public road right-of-way over and
across the east 30 feet thereof and less the southerly 145 feet for
Vanderbilt Beach Road right-of-way.
G. Parcel 6 - The North half of the Southwest quarter of the Southeast
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
H. Parcel 7 - The South half of the Northwest quarter of the Southeast
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
I. Parcel 8 - The East 660 feet of the North half of the Northwest quarter of
the Southeast quarter of Section 34, Township 48 South, Range 26 East,
Collier County, Florida,
J. Parcel 9 - The South half of the Northeast quarter of the Southwest
quarter of Section 34, Township 48 South, Range 26 East, Collier County,
Florida.
1.3 PROPERTY OWNERSHIP
A. The subject property is owned by:
1. Parcels 1, 2, and 3A by William L. Hoover, President of Catalina
Land Group, Inc., the manager of Wolf Creek Estates, LLC, 3785
Airport Road North, Suite B-1, Naples, Florida 34105.
2. Parcels 4 and 5 by Prime Homes at Portofino Limited, Attn.: Larry
Mayer Abbo, 21218 SI. Andrews Boulevard, Suite 510, Boca
Raton, Florida 33433.
3. Parcels 6, 7, and 8, by William L. Hoover, President of Catalina
Land Group, Inc., the manager of Buckstone Estates, LLC, 3785
Airport Road North, Suite B-1, Naples, Florida 34105,
Revised 5/31/07 to reflect BCC changes 3
4. Parcels 3B and 9 by Prime Homes at Portofino Falls, Ltd., 5555
Anglers Avenue #16B, Fort Lauderdale, Florida 33312.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the north side of Vanderbilt Beach
Road, approximately Y, mile west of Collier Boulevard (CR. 951),
unincorporated Collier County, Florida.
B. Parcel 9 currently has agricultural zoning and is proposed to be rezoned to
RPUD. The remaining area (Parcels 1 - 8) are zoned PUD, Wolf Creek,
approved by Collier County Ordinance No. 03-45 and are proposed to be
rezoned to RPUD. An abandoned mobile home is located on Parcel 1, a
newer modular home was erected on Parcel 2 but recently was relocated
off-site, a mobile home was previously on Parcel 8 but has since been
relocated off-site, a single-family home is on Parcel 10, and the remaining
parcels are undeveloped. Parcels 1 and 8 have existing lakes on the
properties.
1.5 PHYSICAL DESCRIPTION
The project site is located within the Harvey Drainage Basin according to the
Collier County Drainage Atlas. The proposed outfall for the project will be to the
northwest into the proposed Palermo Cove RPUD water management system
and then to the west into the Island Walk stormwater management system and to
the south along Vanderbilt Beach Road. In both cases, the stormwater outfall will
enter the Island Walk stormwater management system.
Natural ground elevation varies from 11.2 to 13.6 NGVD; average site elevation
is 12.6 NGVD. The entire site is located within FEMA Flood Zone "X" with no
base flood elevation specified.
The water management system of the project will include the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment will be accomplished by an on-site lake
system prior to discharge as described above.
The water management system will be permitted by the South Florida Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including, but not limited to: storm attenuation with a peak discharge rate per
Collier County and SFWMD Rules, minimum roadway centerline, perimeter berm
and finished floor elevations, water quality pre-treatment, and wetland hydrology
maintenance.
Revised 5/31/07 to reflect Bee changes 4
Per Collier County Soil Legend dated January 1990, the soil types found within
the limits of the property are: #2 - Holopaw Fine Sand, Limestone Substratum;
#27 - Holopaw Fine Sand and #33 Urban Land - Holopaw - Basinger Complex.
Site vegetation consists predominantly of pine flatwoods, pine-cypress, cypress
forest and woodland with a mix of different vegetation types.
1.6 PROJECT DESCRIPTION
The Wolf Creek RPUD is a project comprised of a maximum of 671 residential
units. Recreational facilities and other facilities and services will be provided in
conjunction with the dwelling units. Residential land uses, recreational uses, and
signage are designed to be harmonious with one another in a natural setting by
using common architecture, quality screening/buffering, and native vegetation,
whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Wolf Creek Residential Planned
Unit Development Ordinance."
Revised 5/31/07 to reflect BCC changes 5
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
A. Regulations for development of the Wolf Creek RPUD shall be in
accordance with the contents of this Document, RPUD - Residential
Planned Unit Development, and other applicable sections and parts of the
LDC and GMP in effect at the time of building permit application. Where
these regulations fail to provide developmental standards, then the
provisions of the most similar district in the LDC shall apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the LDC in effect at the time of building permit
application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Wolf Creek RPUD shall become
part of the regulations which govern the manner in which the RPUD site
may be developed.
D. Unless modified, waived or excepted by this RPUD other provisions of the
LDC, where applicable, remain in full force and effect with respect to the
development of the land which comprises this RPUD.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of the Adequate Public Facilities
Requirements, of the LDC.
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 "A", RPUD Master Plan.
There shall be numerous land use tracts, plus necessary water
management lakes, street rights-of-way, the general configuration of
which is also illustrated by Exhibit "A".
B. Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or,
upon approval, parts thereof may be constructed as shallow, intermittent
Revised 5/31/07 to reflect Bee changes 6
wet and dry depressions for water retention purposes. Such areas, lakes
and intermittent wet and dry 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 subdivision plat or SDP approval, subject to the
provisions of the LDC.
C. In addition to the various areas and specific items shown in Exhibit "A",
such easements as necessary (utility, private, semi-public) shall be
established within or along the various Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES
A maximum of 671 residential dwelling units shall be constructed in the
residential areas of the project. The gross project area is 167.96:t acres. The
gross project density shall be a maximum of 3.99 units per acre if all 671 dwelling
units are approved and constructed.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a record plat, and/or condominium plat for all or
part of the RPUD, final plans of all required improvements shall receive
approval of the appropriate Collier County governmental agency to insure
compliance with the RPUD Master Plan, Collier County subdivision rules,
and the platting laws of the State of Florida.
B. Exhibit "A", RPUD Master Plan, constitutes the required RPUD
development plan. Subsequent to or concurrent with RPUD approval, a
subdivision plat or SDP, as applicable, may be submitted for areas
covered by the RPUD Master Plan. Any division of the property and the
development of the land shall be in compliance with the RPUD Master
Plan and LDC.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of common facilities.
Revised 5/31/07 to reflect BCC changes 7
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "Au, RPUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the RPUD shall be 671.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Single-family dwellings (includes zero-lot line and townhouses
intended for fee simple conveyance).
2. Two-family dwellings and duplexes.
3. Multi-family dwellings.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, fishing docks, walking paths, picnic areas,
recreation buildings, and basketball/shuffle board courts.
3. Temporary sales trailers and model units.
4. Gatehouse.
5. Essential services limited to utility facilities, such as electric
transformers, pumps and lift stations.
6. Water management facilities.
Revised 5/31/07 to reflect BCC changes 8
C. Interim Uses
1. The existing single-family home on parcel 10 shall be permitted for
residential single-family land uses and customary accessory uses
until construction is commenced on the parcel 10.
3.4 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the Wolf
Creek RPUD. Front yard setbacks in Table I shall be measured as
follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavement. If the parcel
is served by a platted private drive, the setback is measured from
the road easement or property line.
3. Carports shall be permitted within parking areas and garages shall
be permitted at the edge of vehicular pavements except garages
shall be set back to provide 23 feet of driveway between the garage
and sidewalk to prevent parked vehicles from overhanging the
sidewalk.
:;:, . .ed 5/31/07 to reflect BCC changes 9
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS SINGLE.F AMIL Y SINGLE-F AMIL Y TWO-FAMILY AND MULTI-FAMILY
ATTACHED DUPLEX
TOWNHOUSES
Minimum Lot Area (per unit) 5,500 Sq. Ft. 1,800 Sq. Ft. 4,500 Sq. Ft. NA
Minimum Lot Width (I) 50' Interior Lots 18' Interior Lots 80' Interior Lots (40') (2) NA
60' Comer Lots 25.5' Exterior Lots 100' Comer Lots (50') (2) NA
Minimum Front Yard Setback (6) 23' (3) (4) 23' (3) (4) 23' (3) (4) 15' (3)
Minimum Side Yard Setback (5) (6)
I Story 0' & 12' or both 6' NA 0' & 6' or both 6' 7.5'
2 Story 0' & 15' or both 0' or 7.S' 0' & 7.5' or both 7.5' 10'
7.5'
Minimum Rear Yard Setback (6)
Principal Structure 20' 15' 20' 20'
Accessory Structure 10' 10' 10' 10'
Minimum PUD Boundarv Setback
Principal Structure NA NA NA 20'
Accessory Structure NA NA NA 10'
Minimum Lake Setback (7) 20' 20' 20' 20'
Minimum Preserve Area Setback
Principal Structure
Accessory Structure 25' 25' 25' 25'
10' JO' JO' 10'
Minimum Distance Between Structures
Main/Principal/Accessory
I.Story 12' NA ]2' 15'
2-Story 15' 15' 15' 20'
Maximum Height
Principal Building 35' and 2 stories 35' and 2 stories 35' and 2 stories 38' and 2 stories
Accessory Building 25'/Clubhouse 35' 25'/Clubhouse 35' 25'/Clubhouse 35' 25'/Clubhouse 38'
Minimum Floor Area 1400 Sq. Ft. 1400 Sq. Ft. 1200 Sq. Ft. 1150 Sq. Ft.
(I) May be reduced on cul-de-sac lots and lots along the inside and outside of curved streets by 25%,
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family structure is
on an individually platted lot.
(3) Community tennis courts, basketball courts, and similar recreational facilities shall have a IS-foot
minimum setback from all property boundaries of the recreational tract/lot.
(4) The front yard setback for side-loaded garages may be reduced to 18 feet. with the home remaining at
23 feet, where it can be demonstrated 2 vehicles can be adequately parked on double-wide driveways
without the vehicles overhanging onto the sidewalks located at the edge of the right-of-way.
(5) Where fee simple lots are created for each dwelling unit, no side yard shall be required between
interior units of a unified principal structure, and the side yard shall be measured from exterior wall of the
unified principal structure.
(6) In no instance shall there be an encroachment into a required landscape buffer.
(7) Lake setbacks are measured from the control elevation established for the lake.
Revised 5/31/07 to reflect BCC changes
10
B. Natural Habitat Preserve Area Requirements:
1. A minimum of 32.32 acres of natural habitat areas shall be provided
on-site, including both the under-story and the ground cover
emphasizing the largest contiguous area possible, as described in
the LDC.
2. All preserve areas shall be a minimum average of 50 feet in width
and no less than 20 feet in width, pursuant to the LDC.
C. Architectural Standards
1. All proposed lighting, signage, landscaping and visible
architectural infrastructure shall be architecturally and
aesthetically unified within any project that is developed.
Said unified architectural theme shall include a similar
architectural design and use of similar materials and colors
throughout all of the amenities within the project.
Landscaping and streetscape materials shall also be similar
in design along Pristine Drive and within any project that is
developed. All proposed roofs shall be finished in tile,
metal, wood, or architecturally-designed shingles (such as
Timberline).
0, Siqns
Signs shall be permitted as described within the LDC, except for signage
described within Paragraph 3.4.H.
E. Deviations
1. Deviation #1 seeks relief from LDC Section 5.06.02A.6.a that requires
on-premises signs within residential districts to maintain a ten-foot
setback from any property line unless placed on a fence or wall to
allow a zero (0) foot setback from the property line shared with the
Carolina Village Mixed Use PUD.
This deviation will permit approximately half, of one double-faced sign
a maximum of 8 feet in height and 64 square feet in area, located in a
median in the road between the Wolf Creek Residential PUD (labeled
Pristine Drive on Exhibit "A") and the Carolina Village Mixed Use PUD
and on the west side of the Carolina Village property line and to reduce
the minimum 10-foot setback from the neighboring Carolina Village
Mixed Use PUD to 0 feet with the advertising limited exclusively to no
more than 3 residential developments within the Wolf Creek
Residential PUD. The proposed sign shall meet all vehicular safety
Revised 5/31/07 to reflect Bee changes ] I
sight distance standards for Collier County and have a minimum 10-
foot setback from the Vanderbilt Beach Road right-of-way, as
described in Section 5.06.02A.6.a. of the LDC. The proposed sign shall
be externally lighted.
Revised 5/31/07 to reflect BCC changes 12
SECTION IV
PRESERVE AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Preserve Areas as shown on Exhibit "A," RPUD Master Plan, as may be
amended pursuant to this Document.
Any approvals to remove native vegetation in the on-site Preserve Areas shall be
conditional upon having a remaining minimum of 32.32 acres of native vegetation
on-site.
4.2 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following, subject to regional, state, and
federal permits when required:
A. Permitted Principal Uses and Structures:
1. Passive recreational areas.
2. Biking, hiking, and nature trails, and boardwalks as long as any
clearing required to facilitate these uses does not impact the
minimum required vegetation.
3. Water management structures.
4. Native preserves and wildlife sanctuaries.
Revised 5/31/07 to reflect BCC changes 13
SECTION V
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with SOPs, final subdivision
plats and all applicable State and local laws, codes, and regulations applicable to
this RPUD, in effect at the time of final plat, final SOP approval or building permit
application, as the case may be. Except where specifically noted or stated
otherwise, the standards and specifications of the LDC shall apply to this project
even if the land within the RPUD is not to be platted. The developer, its
successor or assigns, shall be responsible for the commitments outlined in this
Document.
The developer, its successor or assignee, shall follow the RPUD Master Plan and
the regulations of this RPUD as adopted, and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee, is subject to the commitments within this
Document.
5.3 PUD MASTER PLAN
A. Exhibit "A," RPUD Master Plan, illustrates the proposed Development and
is conceptual in nature. Proposed area, lot or land use boundaries, or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as final platting or SOP
approval. Subject to the provisions and applicable sections of the LDC
and the GMP, in effect at that time, amendments may be made from time
to time.
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 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
Rcciscd 5/31/07 to reflect Bee changes 14
5.5 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD) _
Surface Water Permit Application, permit modification, or waiver shall be
sent to Collier County Development Services Staff with the improvement
plans.
B. A copy of the SFWMD Surface Water Permit, SFWMD right-of-way
Permit, and SFWMD Discharge Permit shall be submitted to Collier
County Development Services Staff prior to final approval of the
improvement plans.
C. An excavation permit shall be required for the proposed lakes in
accordance with the applicable County ordinances and SFWMD Rules.
All road impact fees shall be paid prior to removal of material from the site.
D. As applicable, existing or proposed easements for Collier County
stormwater facilities shall be maintained free of landscaping, berms or any
other kind of obstacles that would impede adequate access to
maintenance crews and equipment.
5.6 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project shall be designed,
constructed, conveyed, owned and maintained in accordance with
applicable County ordinances, as amended, and other applicable County
rules and regulations.
B. The applicant shall reserve an area to be conveyed for a potable well
easement on Parcel 6 at the time of plat or SDP approval, as applicable.
The well easement shall not exceed a dimension of 40 feet by 40 feet.
The Collier County Utilities Division will provide applicable technical
support in agency permitting relative to lake siting or other relevant issues
that may arise. The proposed well easement will not interfere with the
location of project lakes or preserves. The applicant shall ensure that the
well easement area has direct access onto Buckstone Drive in perpetuity.
C. The applicant shall follow all current ordinances regarding utilities in effect
at the time of SDP or plat approval.
Revised 5/31/07 to reflect BCC changes 15
5.7 TRAFFIC
A. All traffic control devices, signs, pavement markings and design criteria
shall be in accordance with Florida Department of Transportation (FOOT)
Manual of Uniform Minimum Standards (MUMS), current edition, FOOT
Design Standards, current edition, and the Manual on Uniform Traffic
Control Devices (MUTCD), current edition. All other improvements shall
be consistent with and as required by the LDC.
B. Arterial level street lighting shall be provided at all development points of
ingress and egress from any County collector or arterial roadway. Said
lighting shall be in place prior to the issuance of the first permanent
certificate of occupancy (CO).
C. 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.
D. Road Impact Fees shall be paid in accordance with applicable County
ordinances and the LDC.
E. 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.
F. Interconnections shall be required by Collier County staff as a condition of
SOP approval.
G. The developer shall be responsible for its proportional share of the cost of
a traffic signal system, or other traffic control device, sign, or pavement
marking at any development entrance onto the County's collector/arterial
roadway network, including both ends of the loop road, should a traffic
signal be warranted. If warranted, upon the completion of the installation,
inspection, burn-in period, and final approval/acceptance of said traffic
signal it shall be turned over (for ownership) to Collier County, and will
then be operated and maintained by the Collier County Transportation
Department.
Revised 5/31/07 to reflect BCC changes 16
H. Access points, including both driveways and proposed streets, shown on
the RPUD Master Plan shall be considered to be conceptual. Nothing
depicted on any such Master Plan shall vest any right of access at any
specific point along any property frontage. All such access issues shall be
approved or denied during the review of required subsequent site plan or
final plat submissions. All such access points shall be consistent with the
Collier County Access Management Policy (Resolution No. 01-247), as it
may be amended from time to time, and with the Collier County Long-
Range Transportation Plan.
I. When ingress and egress improvements are determined, as necessary,
right-of-way and compensating right-of-way shall be provided for and in
conjunction with said improvements.
J. All work within the Collier County rights-of-way or public easements shall
require a right-of-way permit.
K. All internal access ways, drive aisles and roadways, not located within
County right-of-way shall be privately maintained by an entity created by
the developer, its successor in title, or assigns. 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.
L. The proposed loop road located around the Mission Hills development,
that would provide access for the project onto Collier Boulevard, is
conceptually shown on the RPUD Master Plan and shall be a public
roadway. It shall be designed and constructed to a minimum 30 mile per
hour design speed. The construction costs of the loop road shall not be
eligible for impact fee credits, but the developer of the roadway may be
able to privately negotiate "fair share" payments or reimbursements from
neighboring property owners.
M. No building permits shall be issued for any of the additional 80 units
approved in the 20 acres that is being added to this PUD until such time
as Vanderbilt Beach Boulevard between Collier Boulevard (CR 951) and
Livingston Road, and CR 951 between Golden Gate Boulevard and
Immokalee Road are substantially complete.
N. Within 30 days of the adoption date of this RPUD rezone, the developers
owning the property fronting Pristine Drive shall convey in fee simple to
Collier County the right-of-way necessary for the two-lane construction of
Pristine Drive. Each developer shall convey 30 feet for the Pristine Drive
right-of-way. The anticipated width of the right-of-way is 60 feet. The turn
lanes required for each individual project shall be accommodated within
the project's boundary.
Revised 5/31/07 to reflect BCC changes ] 7
O. The developer shall start construction of Pristine Drive within one year of
the approval of this RPUD rezone, and said roadway shall be constructed
to County standards and accepted by Collier County through the normal
acceptance process. Said roadway shall be complete within a maximum
of two years from the approval date of this RPUD rezone.
P. The developer shall design and permit, but not construct, a 3D-foot wide
interconnection between the Island Walk development and Pristine Drive
(fifteen feet to be provided by the respective property owners on each side
of the shared boundary between the properties owned by Wolf Creek
Estates, LLC, or its successor, and Prime Homes at Portofino Falls, Ltd"
Builders LLC, or its successor), The interconnection design shall include
20 feet of pavement and one 5 foot sidewalk. The 3D-foot wide strip of
land shall be granted as a public easement. Said interconnection
requirement shall be completed, i.e., conveyed, designed and permitted
within one year of the adoption date of this RPUD rezone. This
connection road shall not constitute a road right-of-way for the purpose of
calculating setback or buffering requirements.
5.8 PLANNING
A. If during the course of site clearing, excavation or other construction
activity a historic or archaeological artifact is found, all development within
the minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
5.9 ENVIRONMENTAL
A. A minimum of 32.32 acres of native vegetation shall be preserved on-site,
including all 3 strata, and emphasizing the largest contiguous area
possible. The RPUD Master Plan identifies 30.8 acres. The remaining
required preserve area of 1.52 acres shall be located adjacent to and
contiguous with the identified preserve areas shown on the RPUD Master
Plan. This remaining required preserve acreage shall be identified on the
first SDP submitted after approval of this RPUD.
B. Any development order approval having FLUCFCS 424 melaleuca areas
within its preserve areas shall require supplemental plantings within such
melaleuca areas.
5.10 PARKSANDRECREATION
The developer shall provide a CPSC and ASTM certified commercial grade
playground, designed for 2 to 12-year old children residing in that community or
their invited guests. The playground shall be provided in a common area and
shall be operational before the issuance of any CO for the permanent residential
units.
Revised 5/31/07 to reflect BCC changes ] 8
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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 2007-46
Which was adopted by the Board of County Commissioners
on the 22th day of May, 2007, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31st
day of May, 2007.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
?J1dft- V~
By: Martha Vergara,
Deputy Clerk