Ordinance 98-011 ORDINANCE NO. 98- ~__L
AN ORDINANCE AMENDING O[~DINANCE 97-79, FOR
THE PELICAN MARSH PLANNED UNIT DEVELOPMENT
(PUD) TO CORRECT A SCRIVENER'S ERROR
RESULTING FROM THE OMISSION OF PAGES
NUMBERED 8-10 THROUGH 8-14 FROM EXHIBIT
"A" THEREOF, THE PELICAN MARSH PUD
DOCUMENT AND BY PROVIDING AN EFFECTIVE
e /~" DATE.
WHEREAS, the Collier County Board of County Commissioners adopted
Ordinance No. 97-79, an ordinance amending the boundaries of the Pelican
Marsh Community PUD district on December 9, 1997, and
WHEREAS, following said action adopting Ordinance No. 97-79, staff
was advised that certain pages, namely those nun~Dered 8-10 through 8-14
inclusive of the PUD Document attached to said Ordinance as an Exhibit
were inadvertently omitted from the copy transmitted to the Department
of State and that their correction constitutes a scrivener's error.
NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners
of Collier County, F~orida:
SECTION ONE: SCRIVENER'S ERROR AMENDMENT
Ordinance Number 97-~9, the Pelican Marsh PUD is hereby amended to
add the omitted pages numbered 8-10 through 8-14 to the PUD Document
attached thereto, now attached hereto and incorporated herein by
reference as Exhibit "A".
SECTION TWO: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Conie~'.C~.jlorida. this 2aZ~ day of~, 1998
ATTS~T~!~ii;~.~.~.'~.~"~.~ BOARD OF COUNTY CO~ISSIONERS
swiCs~'.'j!F{~i]=~;6~;'~: ~f~ COLLIER cos~TL ~LORIsA
'~'~'~"'~";'/'i'=;""~'~'~"' BAR ~
App~0~ d~m and
end o~k~l~dGement o{ that
tlll~ ,~ {v~d
Assistant county Attorney eta,
f/Pelican ~rsh P~
{ Words_~~l~ are deleted; words ~ are added.
of an Environmental Impact Statement (EIS) pursuant to Division 3.8, Section
3.8.3 of the Collier County Land Development Code shall be deemed satisfied for
all future activities which talce place within the Pelican Marsh Community PUD
boundaries that require County permits for or County approval of development or
site alteration. This provision is based upon (I) approval of the Pelican Marsh
Community application for Development of Regional Impact and the Pelican
Marsh Community Environmental Supplement submitted in conjunction with this
Application For Public Hearing for PUD Rezor, e; and (2) the Pelican Marsh
Community PUD EIS submiRed in con.~'~etion with the Application for Public
Hearing for PUD Rezone which was approved via County Ordinance ~/93-27.
This provision shall apply to the Developer, its succtssors, or assigns.
B. Pursuant to Collier County Land Developmere Code Article 3, Division 3.8,
Section 3.8.8, the Pelican Marsh PUD EIS cited in provision 8. 10.A above shall
constitute Collier County's review and approval of all environmental resources
and environmental quality issues contained in the Pelican Marsh Community
Application for Development of Regional Impact in so far as said issues
specifically pertain to lands contained within the Pelican Marsh PUD boundaries,
as deftned via County Ordinance t/93-27.
C. Provisions 8.10 A and B above do not relieve the Developer from pwviding, or
foreclog the Coumy from requesting, information relative to new or changed
environmental conditions on the site relative to species of special status pursuant
to Collier County Land Development Code Section 3.8.5.4.1.5.d. and e.
D. The Collier County 'ST' overlay has been eliminated and replaced by this Plaxmed
Unit Development, however all existing Collier County wellfield and/or
groundwater protection zones shall remain in effect unless otherwise modified by
Collier County.
E. The Cocohatchee Strand Mitigation Bank is hereby created and incorporated into
this PUD by referee. The Cocohatehee Strand Reswration Plan (WMB&P, Inc.
File No. ENV-88) depicts the improvemere eonten~lated under the CoeoMtehee
Strand Restoration Program and itemizes in tabular form the Cocohatehee Strand
Mitigation Bank features including mitigation ratios and available credits for
impacts to Collier County jurisdictional weftands. It is u__r~le_rstood that changes to
both the Co¢ohatch~ Strand Restoration Program and the Cocohatehe~ Strand
Mitigation Bank may be required by regulating agencies. If such changes cause a
need to modify or revise th~ Cocohatche~ Strand P, eswration Program and
AVJ, tUgdUU~ Dd4~k -,~ ~cpl~;ir~l otl tl~ lc¢.~l.~t'itt. l~U rlil. u~ ~ lJlt,tttllt~.Uoll~ ~
revisions may be admlnisb-atively approved by the Collier County Devclopmcm
Services staff,
F. In accordar~ with Policy 7.3.5 of the Comerration and Coastal Management
Element of the Collier County Growth Management Plan, gopher tortoises shall
be relocated to the 'GCO' District and to th~ Xefie Scrub Conservation Area.
Compensation for lost habitat whos~ ext~nt has been approved by the Florida
Garn~ and Fresh Water Fish Commission (FGFWFC) shall be in accordanc~ with
FGFWFC policy.
G. Collier County shall defer all environmental p~rmitting regarding weftands,
wedand impacts, aml wetlana mitigation to South Ro~da Water Management
District. Th~ developer shall coordinate with and copy Collier County on all
approved permits.
8,11 SUBDMSION REQU/REMENTS AND STANI)ARD DESIGN SUBSTITUTIONS
Pelican Marsh Community shall be required to conform with the subdivision
improw-ment requiretrgnts s~t forth in Collier County Laml Development Code Article 3,
Division 3.2, Section 3.2.8 unless otl~r',vis~ statJ~l in ~ PD'D. The following
substitutions to the improvement standards ar~ approved for Final Subdivision Plat
requir~mcms!
A. Sidewalks/bike paths shall conform with Subsection 3.2.8.3.17 except as follows:
1. Pelican Marsh Boulevard shall be considered a minor collector st~ct and
shall be required to have a sidewalk or bikepath on each side of the strut.
2. All other through streets shall be considered local streets and shall be
required to have a sidewall~ or bikepath on one side of th~ strut.
3. All cul~le-sacs serving mor~ than fifty (50) single family lots shall be
required to have a sidewalk or bikepath on one side of the strc~.
4. All cul<!e-sacs ~rving fifty (50) or less single family lots shall no~ be
required to have a sidewalk or bikepath provided the following conditions
arc satisfied:
a. The fight-of-way section shall include two twelve foot (12') wide
travel lanes, and
b. the gross density of th~ cul-de-sac shall be less than two C2) units
per acre.
B. Privam streets slRll conform with tbe fight-of-way and pavement width
rr. quirernems of Subsection 3.2.8.4.16.5 except as follows:
1. Cul-de-sac and local streets less than one thousand feet (1,000') in length
are require! to have a minimum forty feet (40') right-of-way width and
two ten foot (I0') wide travel lanes, subject further to the conditions of
Section 8.11 .A.4 of this PUD.
2. All other cul-de-sacs are required to have a minimum fifty feet (50') right-
of-way width and two ten foot (I0') wide travel lanes, subject ~ to
the conditions of Section 8.11 .A.4 of this PUD.
3. All other local streets are required to have a minimum fifty feet (50')
right-of-way and two twelve foot (12') wide travel lanes.
4. Where sidewalk design substitutions ar~ desired per Section 8.11.A.4 of
this PUD, cul-de-sac streets shall have a minimum of two twelve foot
(12') wide travel lanes.
C. Cul-<ie-sacs shall conform with the requirements of Subsection 3.2.8.4.16.6. but
may exceed a length of one thousand feet (1000').
D. Tangents between reverse curves shall not be required under Subsection
3.2.8.4.16.10 except on Pelican Marsh Boulevard where the requiremere shall be
seventy-five feet C/5').
E. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14
provided that applicable Florida Department of Traxks'portation, Manual of
Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met.
F. Roadside slopes within private street fights-of-way may be allowed to a maximum
of 3:1 in accordawe with FDOT MUMS, page m-35.
8.12 PINE RIDGE CANAL
The existing Pine Ridge Canal within the PUD boundaries will be rmiocated as shown on
the Pelican Marsh Community Master Plan. The design of the relocated
incorporates features intended to fully mitigate for any impacts associan~-d with its
construction and elimination of the existing canal, and shall therefore not require the use
of mitigation credits established under the Cocohatchee Strand Restoration Plan.
Maintenance of the Pine Ridge Canal ahd associated control structures within the
boundary of the Pelican Marsh Community PUD shall be the respomibility of the
PMCDD.
8.13 DEDICATIONS
All dedications of pwpeny or facilities for a public purpose, whether by easement or
deed, may, at Developcr's option, contain a condition limiting the use to said public
purpose. In addition, said dedication, at Developer's option, may contain a reverter
claus~ in ~ event the public purpose use is discomimacd or not .commenced within a
rusonable time period. The "reasonable time" will be agreed to between the developer
sssv-n. pss w. o,-As-~.,
and the grantee at the time of the dedication, k being the intent of the grantee to hav¢
sufficient time to commence the use of the dedication.
8.14 PELICAN MARSH COMMUNITY SCHOOL SITE
The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be
subject to the following standards and restrictions:
A. Permitted Use
1. Tlz school site shall only be improved for and used as a school for school
purposes.
B. Building Setback Lines, Siz~ of Building and Building Height
1. ' The mininmm setback of any su-ucm~ (including temporary, accessory
and portable s~res) from a prol~rty line or right-of-way line shall be
twenty-five (25) feet on the northern and western property lines and
(50) feet on the es~tem and southern propetr~ lines.
2. No principal structure of any kind shall exceed three (3) stories in height
and accessory stxucram shall be limited to a maximum of twenty (20) feet
in height. The maximum height of any structure shall be measured as set
forth in the Collier County Land Development Code.
C. ~ping
I. All areas not covered by structures, walkways or paved parking faciliti~
shall be reasonably maintainM and irrigated as Dawn oc landscape areas to
the pavement edge of any abutting streets, to the property line and/or to
the location reLluired by South Florida Water Managemere District of any
abutting lakes, canals or water managent m. No stone, gravel or
paving of any type shall be used as a lawn. All required !awn~ and
landscaping shall be oomplet~ at the tim~ of completion of fig s~
evidenced by the issuance of a certificate of occupancy by the appropriate
governmental agency.
D. Signs
1. Any sign iratailed in, on or placed within tl~ School Site shall be no
larger than ten (10) feet in length by five (5) feet in height. Lighting of
any sign may be fluorescent uplight from gnde. No neon or colored
lighting is allowed. All signs must also conform with the Collier County
Land Development Code.
E. Exterior Lighting
1. All exterior lighting for the school buildings shall b~ for the expressed
purpos~ of safety and security only and shall use fixtures, fight sours,
installation and conwol techniques to contain fight within the School Sit=
slid elilnkla~ or minimiT~ light spillage into or onto adjacent properties.
~ shall b~ no nighttime lighting of athletic or recreational playing
fields or courts or playgrounds within the School Site.
F. Outdoor P~tuipment
1. All g,t,'bage and trash conr2in~rs, oil ~dcs, bottled gas tanks, swimming
pool equipmera and housing and sprinkler pumps and other such outdoor
,quipment must be un~ground or placed in wailed-in or sight-scr~-t~,
fenced-in areas so that ~zlt shall not be readily visible.
mechanical ~luipm~'nt of any nature and type, and other such outdoor
ecluipmen~ locattd on roof ar~as shall be sight-scr~ned so that they shah
not be readily visible from adjacent properties.
3. All sctiv~ sports ar~as including baseball, soccer, baskaball, football,
etc., shall be setback twenty-fly, (25) feet from the easterly and sousherly
property lines.
8.15 NOTIFICATION OF PROXIMITY TO COUNTY FACILITY
Developer shall include the following Notice in its sales coreracts with pun:~ within
PMC who am acquiring an interest in real property fo~ residential purposes from
Developer located within 500 linear feet of the closest boundary of the County's
Wastewater Treatugnt Hant parcel on Goodlet~ Road:
"This is to notify you that the property you ax~ acquiring is located
w~thln 500 linamr feet of th~ propmy boundary of Collier Co,~ 's
Wastewater Treatment Plant. This notification is mad~ at th~
request of Collier County."
The abovo notification will no longer b~ required wrta and if the County adopts an
ordinarr~ or r~gula~on addressing th~ subject; provided howb-ver that Developer shall
comply with the requirements of said ordinanc~ or regulation, wh~r~ applicable.
8-14
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy
ORDINANCE NO. 98-11
Which was adopted by the Board of County Commissioners on the
10th day of February, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of February,
1998.
DWIGHT E, BROCK ...' .~, ~:C~...4Z .-'.~..
Ex-officio to Boa=~.~.~.,.. '.:~E'i'.~'
County CommissionaZ~/'.