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Ordinance 2009-21 ORDINANCE NO. 09-~ AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NUMBER 2004-41, AS AMENDED, THE COLLffiR COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULA nONS FOR THE UNlNCORPORA TED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIA TE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A PLANNED UNIT DEVELOPMENT ZONING DISTRICT (PUD) TO A RESIDENTIAL PLANNED UNIT DEVELOPMENT (RPUD) ZONING DISTRICT FOR A PROJECT KNOWN AS THE MIRASOL RPUD, A PROJECT WITH A TOTAL OF 799 DWELLING UNITS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR 846) BORDERED ON THE EAST BY BROKEN BACK ROAD AND FUTURE COLLIER BOULEVARD (CR 951), IN SECTIONS 10, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1,543+/- ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 2001-20, THE MlRASOL PUD, AND REVERSION OF FIVE ACRE TRACT TO AGRICUL ruRAL; AND BY PROVIDING AN EFFECTIVE DATE. <" , -., . ~ -.1 ,1 1 WHEREAS, IMCOLLIER JOINT VENTURE, represented by Richard Yovanovich, Esq., of Goodlette, Coleman, Johnson, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE, BE IT OJ.IDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ZONING CLASSIFICATION The zoning classification of the herein described real property located in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from a Planned Mirasol, PUDZ-A-2007-AR-12046 Revised 03/18/09 HFAC Page 1 of3 Unit Development Zoning District to a Residential Planned Unit Development (RPUD) Zoning District for a 1,543+/- acre project to be known as the Mirasol RPUD, in accordance with Exhibits A-F, attached hereto and incorporated by reference herein. 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. SECTION TWO: REPEAL OF ORDINANCE AND REVERSION OF FIVE-ACRE TRACT Ordinance Nwnber 01-20, known as the Mirasol PUD, adopted on April 24, 2001 by the Board of County Commissioners of Collier COWlty, Florida, is hereby repealed in its entirety. The five acre parcel of property identified as Folio No. 00179240005 was inadvertently added to the legal description in Ordinance 01-20 and shall revert to its base zoning of Agricultural. SECTION THREE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super-majority vote of the Board of County Commissioners of Collier County, Florida, this 2~~ day of /1 f1 r; / , 2009. ATTEST: DWIGHT B~!3.*(1~~C:~ERK .,-' '~;~'~~"'.""'..;:.tJ ' r-e "y., "', ~l /.,.('; . ...- ~.,. ". {,-~ By: ,- ( " . .'/ : , .... .. "..tft ..t'~~\'~ ~..,: 'F- " ~.. ~, 'T " . . ~ ,.: " -, " I'.... ,j ')\ .. BOARD OF COUNTY COMMISSIONERS ::LLm!j;:~. DO A FIALA, CHAIRMAN Mirasol. PUDZ-A-2007-AR-12046 Revised 03/18/09 HFAC Page 2 on This ordinance filed with the Secretory of litte~ Office the .Jtd:4.cjoy of a. ,2 obq and acknowledgement of that fi/in received this 11i!!.! doy oL. Approved as to form and legal sufficiency: qJAf)l A--(J( 0 eidi Ashton-Cicko Assistant County Attorney Attachments: Exhibit A Exhibit B Exhibit B2 Exhibit C Exhibit C2 Exhibit D Exhibit E Exhibit F 08-CPS-00860\4 7 .;('I-\t' \1-~ ,'\ 1; 3>\ 0 f-\\ Permitted Uses Development Standards Flag Lot Scenario Location Map Master Plan Legal Description Deviations Developer Commitments Mirasol, PUDZ-A-2007-AR-12046 Revised 03/1 8/09 HF AC Page 3 of3 EXHIBIT A FOR MIRASOL RPUD PERMITTED USES: A maximum of 799 residential units and a maximum of 36 golf course holes may be developed within the RPUD. 1. Residential/Golf Tracts (RG): A. Principal Uses: 1. Single-family detached dwelling units. 2. Zero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family and duplex dwellings. 5. Multiple-family dwellings. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG" district. B. Accessory Uses/Structures: 1. Uses and structures customarily associated with principal uses permitted 2. Guest houses. 3. Common area recreation facilities. 4. Clubhouse or recreation centers for residential uses. 5. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 6. Model homes, welcome centers and sales trailers. 7. Golf course, practice areas and ranges, golf cart barns, rest rooms, shelters snack bars and golf course maintenance yards. Revision date 4-30-09 8. Golf Club Complex as located on the Master Plan: i) Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis and recreation related sales. ii) Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests iii) Pro-shops, golf club, tennis clubs, health spas and equestrian clubs. 9. Shuffleboard courts, tennis courts, swimming pools, and other types of accessory facilities intended for outdoor recreation. 10. Guardhouses, gatehouses, and access control structures. II. Essential services, pursuant to the LDC. 12. Water management facilities and related structures. 13. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 14. Community and neighborhood parks, recreational facilities, community centers. 15. Temporary construction, sales, and administrative offices for the developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses. 16. Landscape features including, but not limited to, landscape buffers berms, fences and walls. 17. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG" district. II. Conservation/Preserve Tract: A. Principal Uses: Revision date 4-30-09 2 Revision date 4-30-09 1. Passive recreation uses limited to the following so long as clearing for such uses does not result in the reduction of Preserve acreage below the minimum requirement: i. Boardwalks 11. Environmental uses (wetlands and conservation areas) 111. Pedestrian bridges IV. Equestrian trails v. Pervious nature trails except where American Disabilities Act requires otherwise. VI. Native Wildlife sanctuary VII. Inclement weather shelters, in preserve upland areas only unless constructed as a part of a permitted boardwalk system. The shelters shall be a maximum of 150 square feet each. 2. Environmental research 3. Drainage and water management facilities subject to all required permits. 4. Any other use which is comparable in nature with the foregoing list or permitted principal uses, as determined by the Board of Zoning Appeals through the process outlined in the LDC. 3 EXHIBIT B FOR MIRASOL RPUD DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. T ABLE I DEVELOPMENT STANDARDS FOR "RG" RESIDENTIAL AREAS Single Zero Two Single Multi- Clubhouse! PERMITTED Family Lot Family and Family Family Recreation USES Detached Line Duplex Attached and Dwelling Buildings AND Townhouse *6 STANDARDS 1 2 3 4 5 6 Principal Structures Minimum Lot 5,000 SF 4,000 3,500 SF per 3,500 SF 9000 SF nla Area SF lot or unit *3 Minimum Lot 50' *7 40' *7 35' per lot 35'*7 90' nla Width *4 *7 or unit *7 Front Yard 20' *2 *7 20' *2 20' *2 *7 20' *2 *7 20'*2 25' Setback *2 *7 Side Yard 7.5' *7 Oar 10' 7.5' *7 *8 7.5' *7 *8 15' *5 5' Setback *7 Rear Yard 15' *7 15' *7 15'*7 15' *7 15' 0' Setback * 1 Setback From 10' *7 10' *7 10' 10' 10' 20' Golf Course Setback From 25' 25' 25' 25' 25' 25' Preserves Maximum 35' 35' 35' 35' 50' (5 stories 50' (2 stories over Zoned Height not to exceed parking not to *10 50') *9 exceed 50') Actual Height 45' 45' 45' 45' 65' 75' *10 Floor Area 1000 SF 1000 SF 1000 SF 1000 SF 750 SF nla Min. (S.F.) Distance 10' 10' 10' 10' 20' *5 15' or .5BH Between whichever is Principal greater *6 Structures Revision date 4-30-09 4 Single Zero Lot Two Family Single Family Multifamily C1ubhouse/Recreat Accessory Family Line and Duplex Attached and Dwelling ion Buildings *6 Structures Detached Townhouse Front Yard SPS *7 SPS *7 SPS SPS SPS SPS Setback *2 Side Yard 5' *7 o or 10' 5' 5' 10' 5' Setback *7 Rear Yard 10' *7 10' *7 10' 10' 10' 10' Accessory Setback * 1 Setback From 10' 10' 10' 10' 10' 10' Preserves Distance 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' Between Accessory Structures on the same lot Distance 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' Between Accessory and Principal Structures on same lot Maximum SPS SPS SPS SPS SPS SPS Zoned Height *10 Actual Height SPS SPS SPS SPS SPS SPS *10 , I Front yards for all uses shall be measured as follows: A. If the parcel is served by a public road right-of-way, setback is measured from the adjacent right-of-way line. 8. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). * I - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *2 - Single-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 feet for a side entry garage. Multi-family dwellings which provide for two parking spaces within an enclosed garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages shall be a minimum of23 feet from the edge of sidewalk. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *4 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided the minimum lot area requirement is maintained. *5 - Building distance may be reduced at garages to_half the sum of the height of the garages. *6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary. *7 - The use of tlag lots is allowed to provide maximum tlexibility in subdivision design and may vary from the minimum lot widths, However, neither the minimum lot area, nor the minimum distance between structures may be reduced. *8 - Zero foot (0') setback for internal units, *9 Inclusive of under building parking * I 0 Buildings shall not exceed three stories within 1,250 feet of Immokalee Road. BH = Building Height SPS = Same as Principal Structure Revision date 4-30-09 5 , I , f , , , J FLAG LOT DENOTES LOT LINE NOTE: THIS EXHIBIT IS fOR ILLUSTRAnVE PURPOSES TO SHOW HOW CERTAIN GEOMETRV OF A GIVEN TRACT WOULD FACILITATE lifE IMPLEMENTAnON OF A "FLAO LOT' DESIGN lAYOUT. o PREPARED FOR: I.M. COLLIER JOINT VENTURE Ccnilia. D( AllthaMuria" NoI. t.a JU4 .ttd U '6'4 GNOLI =====1. A.RBER & ..I...~D ==.==='DRUNDAGE, INC. Professional Engineers, Planners & Land Surveyors CoIIin-CA.ly:'400 Tatw....Tnil N.- Napa.fL-Jiflll Ph.: (.2J'>> sn.JUt. F'u:: (;1J" '''UDJ , I I 50 100 SCALE IN FEET I 200 PROJECT NAME MIRA SOL PUDA DRAWING NAME: FLAG LOT SCENARIO EXHIBIT '82' DRAWN BY: RE\IIE'M:O BY; DATE: SC ALE: ROP ROP OJ 08 N " ABB PROJ(CT No.: 7883 "CAO FILE NAME: 9B74[XB-B2 ORAMNG filE No.: N A SHUT: 7 OF .... ~ :i5 ~ C/) ~ :::> Cl. 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COLLIER JOINT VENTURE MIRASOL PUD AMENDMENT ....I!~ C.rUfic....' Au,hDrlt.o,.. NOI. La)6(;4..,d EB)U4 ====hGNOLI .......8 ...... ,A DDER & .....r. :.n.nD ......~D ======~DRUNDAGE, INe. Professional Engineers, Planners &. Land Surveyors c.o.. CAn',: '~DO T"",a'lli Tr.i1 N. ~ "':1,-. n. lCIDI PL: l2J'1 "7~.\l1J . F...: CU" J"-llOJ DR AWING "'JlME: LOCA TION MAP EXHIBIT 'Cr DRAWN BY; REVlE wrD BY: DATE; SCAlE: ROP ASa PROJ(CT No.; ROP ACAD FilE NJlME; 05/0B DRAWlHC FILE No,; l"-~OOD' SHeeT, 788J 9478C 94 78- 5 , or , NOTE: FOR PLAN LEGEND AND SPECIAL NOTES SEE SHEET 3 Of 3 TERMIN" (PUDI c::i) $FWMD PRESERVE 1- @ 20' IYI't ... LI.f. 100' '_OlfD 9S1 flIT. R.O,W. DfDICATlON ~ CONCEPTUAL CWI HOUSE COM PLEX LOCATION .. .. ~ MIWOL PROPERTY 1 BOUNDARY 1 1 I :! ",I :01' ., "I ~I =, I ~ NERITAlE BAY (PUDl :n .. OI.l>E CYPRUS (PUDI .. .. .. .. -, o 500 1 000 SCALE IN FEET aJENT: I,M. COLLIER JOINT VENTURE PROJe:CT N AlAE MIRA SOL PUD AMENDMENT Cll:nific.ore o( AUlhoriz.,tnw NOI_ LB J66.f and EB 3664 DRAWING NAME: GNOL! ARBER & ......~D ======'DRUNDAGE, INC, Professional Engineers. Planners & Land Surveyors Lllllicl Cay.": 74DO T~miami T,ail N. - N..pI... FL. J41U1 'ho.: (2J" !'17.3UI _ fu: Ill'. S66.2200 l...ft Co...",,: '1990CoQQn..~ Rd., Sui" lOI. &a"laS1J'ria~1 fL14tH P1\.: 11l9) S'J7-Jltl _ fn: (139) "~-lr:U CONCEPTUAL MASTER PLAN EXHIBIT 'C2' DRAWN BY: REIIIE~D BY: DATE: SCALE: ROP ROP OS 08 1'-1000' ABB PROJECT No.: ACAD FlLf NAME: ORA VtlNG FlU: No.: SHEET: 7883 9418C2 9418-1 1 or J ..., ~ ~ ~ (I) ~ i s "- '" ~ ... a ~ ~ ~ ~ ~ II:: ~ . ..~.~..... ..',".-.'.'. ...-...'...... ,-.. . '-"'-."-CO~~~E:OCU::;TY.~ . ..... . .. ..........Qp........... ..,.....,...............,....... .,::::::::::::,1 mi:}<:u~p! PARKlAND$ (I'tJD) IAI VACANT TERAFINA (PUD) :..;. ....... . - 0lf RIG RIG CUENT: RIG MATCH LINE - SEE SHEET 1 OF 3 I,M. COLLIER JOINT VENTURE PROJECT NAllE MIRA SOL PUD AMENDMENT ....!r.\ ====:n..GNOU .....Ii =..... ~RBER & .. D :: DRUNDAGE, INC. Professional Engineers, Planners & Land Surveyors com., Counl': "Y.fOO T.ami.ami Tr.ail N.. Napla. FL. H101 1'1t.; eJl'} J97-.1. II . hi'll (2]') 566-2203 r... Co.nl'= 9!JI90 CtH;OnUl A.d.. Sllil~ JOJ - a.nll. .5priaa1.1L lUll Ph.: UJ9) S97-Jll J . 10'..., (,239) "".1716 Ccn:ifi"IC .f A.dtoriurion NOI. L.8 J664 :md EB 3664 DR A WIN G NAME: MUtUaL PROPERTY BOUNDARY rA) VACANT ~ o 500 1 000 SCALE IN FEET HER/TAIIE BAY IPUP) CONCEPTUAL MASTER PLAN EXHIBIT 'C2' DRAWN BY: REVIEWED BY: DATE: SCAlE: ROP ROP 05 DB "-1000' ABB PROJECT No.: 7883 ACAD FlLE NAME: 9418C2 DRAWING FILE No.: 9418-2 SHEH: 2 Of 3 .... ~ ~ ~ CJ:1 ~ ~ ~ ~ Q '" I c: ~ ~ ~ 1a :Ii ~ ~ GNOLI . ~RBER & ! .JBRUNDAGE, INe. Professional Engineers, Planners & Land Surveyors C~1icr COWUt: ?4OU T.1,"i~",i Tr." N.. NapJcs. fL- ).tlOl Ph., (139) J97..11lI _ Fn: rD'. J6&-UOJ Lu CouMJ~ ,"90 COCGllolU Ref., Suitt: \93 ~ 101li1. Spria... n3~i35 Pl..; (lJ'J.) S':f'-}llJ . 'Fa:'!; (1J'I) ""'171' ~ CUENT: LEGEND L CONCEPTUAL LAKE LOCATIONS RIGHT -OF-WAY * LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO RELOCATION/CHANGE PRIOR TO CONSTRUCTION PERMITTING SPECIAL NOTES: I) WHERE APPLICABLE ALONG PROJECT BOUNDARV AND UNleSS OTHERWISE NOTED PRESERVE AREAS SHALL SERVE AS BUFFERS. IF AFTER EXOTIC REMOVAL THE PRESERVE VEGETATION FAILS TO MEET MINIMUM CODE BUFFER STANDARDS ADDITIONAL PLANT MATERIAL MAV BE REQUIRED. NATIVE HABITAT SUMMARV: EXISTING NATIVE HABITAT = 8S3.2 Ac.:t: REQUIRED NATIVE HABITAT (60%) = SI1.9 Ac.::!:: PROVIDED NATIVE HABITAT (ON SITE) = 461.6 Ac.:t NATIVE HABITAT PROVIDED (OFF-SITE) = 50.3 Ac,:t I.M. COLLIER JOINT VENTURE PROJECT NAME MIRASOL PUD AMENDMENT CcrriJica'c 01 AurhorizlIrion No.. LB J6&4 ad EB 3664 DRAWING NAWE: CONCEPTUAL MASTER PLAN EXHIBIT 'C2' LEGEND & SPECIAL NOTES DRAWN BY: REVlEWl::D BY: DATE: SCALE:: ROP ROP OS lJ 1'-2000' ABe PROJECT No.: 7883 ACAD FILE: NAME: 9418C2 DRAWING FIlE No,: 9418-3 SHEer: J OF J ..,j ~ ~ ~ II) ~ :::l Q. ~ ... <:l C '" ~ ~ ~ ~ !ii s ~ ~ EXHIBIT D FOR MIRASOL RPUD LEGAL DESCRIPTION SECTION 10 ALL THAT PART OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPT THE FOLLOWING FOUR (4) PARCELS: 1) THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, 2) THE SOUTH 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, 3) THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, 4) THE EAST HALF OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 SECTION 15 ALL THAT PART OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS & EXCEPT THE NORTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, AND THE SOUTH 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4, SECTION 22 ALL THAT PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHEAST 1/4 OF THE NORTHWEST 1/4, AND THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, THE EAST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, THE EAST 1/2 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4, Revision date 4-30-09 11 THE NORTHWEST 1/4 OF THE NORTHEAST 1/4; AND THE WEST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4, THE WEST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4, THE EAST 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4, THE EAST 1/2 OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4, LESS & EXCEPT THE SOUTH 100 FEET, THE WEST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, LESS & EXCEPT THE SOUTH 100 FEET, THE EAST HALF OF THE EAST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, LESS & EXCEPT THE SOUTH 100 FEET, THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE SOUTHEAST 1/4, THE WEST 1/2 OF SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, LESS & EXCEPT THE SOUTH 100 FEET, THE WEST 3/4 OF THE EAST 1/2 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4, LESS & EXCEPT THE SOUTH 100 FEET Revision date 4-30-09 12 EXHIBIT E FOR MIRASOL RPUD DEVIATIONS 1. Deviation #1 seeks relief from Appendix B of the LDC, entitled "Typical Street Sections and Right-of-way Design Standards", which requires cul-de-sacs and local streets less than one thousand feet (1,000') in length to have a minimum sixty foot (60') right-of-way width and two ten foot (10') wide travel lanes, to allow a minimum right-of-way width of forty feet (40') for private streets and fifty feet (50') for spine, collector and interconnecting roads. 2. Deviation #2 seeks relief from LDC Section 6.06.01.J. Street System Requirements, to allow that Cul-de-sacs in excess of one thousand feet (1,000') in length. For any cul-de-sac exceeding 1,200 feet in length, the roadway must include at approximately 1,200 feet intervals design features which provide for the ability of emergency vehicles to turn around. Traffic roundabouts, eyebrows, hammerheads or similar design features shall be allowed. 3. Deviation #3 seeks relief from LDC Section 6.06.01.Q. Street System Requirements, which requires that street name markers shall be approved by the County Manager or designee for private streets or in confoll11ance with U.S.D.O.T.F.H.W.A. This requirement shall be waived. However, breakaway posts shall be used. 4. Deviation #4 seeks relief from LDC Section 6.06.01.R. Street Requirements which requires that street pavement painting, striping and reflective edging of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. This requirement shall be waived for private roadways with 40' widths. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Device standards. Revision date 4-30-09 13 EXHIBIT F FOR MIRASOL RPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Mirasol RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order in which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. RPUD MASTER PLAN 1. Exhibit "C2", the RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be constmed to be final and may be varied at any subsequent approval phase such as platting or site development plan application. Subject to the provisions of Section 10.02.13 of the LDC, RPUD amendments may be made from time to time. B. TRANSPORTATION 1. Upon the County's adoption of a CR-95 I extension corridor alignment, and within 180 days of the County's request, the Developer, its successors or assigns, shall dedicate to County fee simple right-of-way for the roadway and drainage system at the predetermined amount of $45,000 per acre, for those areas located outside the limits of the residential/Golf Course areas depicted as "RIG" on the PUD master plan. Upon recordation of the deed or other conveyance instrument in the public records of Collier County for the dedication of the right-of-way, the Developer shall become eligible for Transportation hnpact fee credits in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the dedication. If the project is built out or has prepaid transportation Impact Fees to be assessed for the project, then the Developer or its successors or assigns shall be eligible to request cash reimbursement. The Developer shall not be responsible to obtain or modify any permits on behalf of the County related to the extension of CR-951. 2. The Developer shall construct a 10' multi-use pathway to be located along the Immokalee Road right-of-way on the North side ofthe Revision date 4-30-09 14 Cocohatchee Canal as a part of the entrance construction. Completion of construction of the pathway shall be completed concurrently with the vehicular connection to the existing bridge over the Cocohatchee Canal. 3. The Developer entered into a Developer Contribution Agreement with Collier County on May 3rd, 2007. Pursuant to the terms of that agreement, the project is vested for 799 dwelling units for the purposes of transportation concurrency. 4. The Developer, its successors, or assigns, agree that at the time of any subsequent Development Order approval within this PUD, the Developer, or its successors or assigns, shall be responsible for their respective fair share of the North leg of the CR-951/Broken Back Road intersection with Immokalee Road, which includes modification, replacement, or relocation of the at-grade bridge crossing the Cocohatchee Canal. C. ENVIRONMENTAL 1. As a part of the environmental resource permitting process ofthe South Florida Water Management District (SFWMD) and the United States Army Corps of Engineers (USACOE) permitting, recommendations from the Florida Fish and Wildlife Conservation Commission (FFWCC) and the United States Fish and Wildlife Service (USFWS) regarding impacts to protected wildlife species will be incorporated into the permits issued for this project. The developer shall comply with the guidelines set forth within those permits. Habitat management plans shall be provided for protected listed species. 2. The property will be required to preserve 511.9 acres of native habitat. This will be done through a mix of on-site and off-site preservation. 3. Mirasol will provide water quality testing as defined in the Mirasol Water Quality Monitoring Plan which is Exhibit #6 of the Mirasol Environmental Resource Permit # 11-02031- P. Any deviation from these testing and monitoring procedures will require prior approval from the District Environmental Compliance Staff. Such request must be made in writing and shall include (1) reason for the change and (2) an outline of the proposed change. The results of the Water Quality Monitoring referenced above shall be submitted to Collier County's Director of Engineering and Environmental Services. If the Petitioner is not in compliance with standards in condition #3 (condition #33 of the SFWMD, ERP referenced above), remediation shall occur at the Petitioners' expense. Revision date 4-30-09 15 4. The project is proposing impacts to 586 acres of wetlands. The project has identified 515.2 acres of 586.2 acres (88 percent) of the required wetland mitigation acreage. The remaining 71 acres of off-site mitigation shall be identified prior to SDP approval. The 71 acres of off-site wetland mitigation shall be located in the watershed known as Cocohatchee River Canal Basin in Collier County. 5. The minimum preserve acreage shall be maintained. Additional preserve acreage shall be added onsite or offsite to compensate for any clearing needed for private access to out parcels within the preserve. D. EXCA V A nON Excavation activities shall comply with the definition of a commercial or development excavation pursuant to Section 22-106 of the Code of Laws and Ordinances of Collier County Florida. The entire water management pass-tool system will be constructed at one time as per South Florida Water Management permit #11-02031-P, as amended, prior to the residential development under an administratively issued "development" excavation permit as long as no more than 20,000 C.y. of material is removed off-site. As per Section 22-106 of the Code of Laws and Ordinances, a commercial excavation permit will be required for removing more than the approved 20,000 c.y. of material off-site. E. OUTP ARCEL IN SECTION 10 A temporary access easement shall be granted to the owner of parcel number 00178760007, at a location specified by 1M Collier Joint Venture it's successors and assigns. At such time that the northern portion of the Mirasol RPUD has access to a public road, the developer shall provide reasonable access from the parcel number 00178760007 across the Mirasol RPUD to the public road. Both the temporary and permanent easements shall be granted to the owner of this parcel, at no cost to the County or the owner of this parcel. Revision date 4-30-09 16 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 2009-21 Which was adopted by the Board of County Commissioners on the 28th day of April, 2009, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 4th day of May, 2009. DWIGHT E. BROCK,,,. '1(" Clerk of Courts antf ,:C;:'lerk'l, Ex-officio to Board,ot 4.. County Commissione~s , (I Ww ~/JV10.t...'. .~t. C-h~(}':~";'_'" By: Ann Je 'ohn, , Deputy Clerk