Ordinance 98-013~ F~ ,%Y., j~,%'~ ?:~ ORDINANCE 98-. 13
',~,!. ~ . AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED.
· THE COLLIteR COUNTY LAND DEVELOPMENT CODE. WHICH INCLUDES
~;'." THE COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
PROVIDING FOR SECTION ONE WHICH AMENDS ZONING ATLAS MAPS
NUMBERED 171718. 1719. and 512728 BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCR/BED REAL PROPERTY FROM
"N' RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPE~'~VT ~:
KNOWN AS MARCO SHORES/FIDDLER'S CREEK FOR APPRO~LY
1385 ACRES MORE OR. LESS OF PROPERTY FOP. GOLF COURSE AN]J30PEN ""' -r'
SPACE USES LOCATED IN SECTIONS 18. 19, AND 29. TOWNSI~[[P 51 -
SOUTH. RANGE 27 EAST. COLLIER COUNTY, FLORIDA; AND AMENDING ~
PUD ORDINANCES NUMBERED 84-42, 96-42, AND 96-74 ~J~HICH-.v
ESTABLISHED THE MARCO SHORES/FIDDLER'S CREEK PLANNEE~"LrNIT
DEVELOPMENT, TOGETHER WITH ALL SUBSEQUENT AMEND~"NTS ~
THERETO BY PROVIDING FOR: SECTION TWO. AMENDMENTS TO
SECTION I ENTITLED PROPERTY OWNERSHIP AND DESCRIPTION;
SECTION THREE. AMENDMENTS TO SECTION lI ENTITLED PROJECT
DEVELOPMENT; SECTION FOUR. AMENDMENTS TO SECTION V
ENTITLED RESERVE DISTRICT - FIDDLER'S CREEK; SECTION FIVE,
AMENDMENTS TO SECTION VIII ENTITLED PARKS. UNIT 30, UNIT 24,
BARFIELD BAY MF AND HORR'S ISLAND DEVELOPMENT AREAS;
SECTION SIX, AMENDMENTS TO SECTION XI ENTITLED DEVELOPMENT
STANDARDS', SECTION SEVEN, AMENDMENTS TO SECTION XII
ENTITLED STIPULATIONS AND COMMITMENTS; AND SECTION EIGHT
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS. on June 12. 1984. the Collier County Board of'County Commissioners approved
Ordinance Number 84-42 establishin8 the Marco Shores Planned Unit Development; ~nd
WHEREAS, subsequent to said approval the Marco Shores PUD ~vas amended on several
occasions; and
WHEREAS, on July 23, 1996. the Marco Shores PUD was again amended by Ordinance
Number 96-42 to add 22.9 acres to Unit 30 and to establish the Fiddler's Creek Area of said PUD;
and
WHEREAS, on November 26. 1996, the Board of County Commissioners adopted Ordinance
Number 96-74 to add 690 acres to the Fiddler's Creek area of the Marco Shores PUD; and
WHEREAS, George L. Varnadoe, Esquire of Young. van Assenderp & Varnadoe. P.A.,
representing D Y Associates Joint Venture, a Florida 8eneral partnership. petitioned the Board of
County Corrn'nissioners to limrther amend the Marco Shores/Fiddler's Creek Planned Unit
Development. as amended.
NOW. THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier
Words i~l~ "m ,aditions; words stf~Jrlhmt~n ar~ del,'tions.
County, Florida that:
SECTION ONE: REZONE OF AGRICULTURAL AREA FROM "A" RURAL
AGRICULTURAL TO "PUD' PLANNED UNrf DEVELOPMENT
The zoning classification of the real property described herein as set forth in Exhibit "A",
attached hereto and incorporated by reference, located in Sections 18, 19, and 29, Township 51
South, Range 27 East, Collier County, Florida, as indicated on Official Zoning Atlas Maps numbered
171718, 1719, and 512728 is hereby changed from "A", Rural Agricultural to "PUD" in accordance
with the Marco Shores/Fiddler's Creek PUD Document, as mended, and as funher amended herein.
Official Zoning Atlas Maps numbered 171718, 1719, and 51272:. ?,s described in OrdLqance 91-102,
the Collier County Land Development Code, are hereby mended accordinBly.
SECTION TWO: AMENDMENTS TO PROPERTY OWNERSHIP AND DESCRIFrlON
SECTION
Section I entitled "Property Ownership and Description" of Ordinances numbered 84-42, and
96-74, the Marco ShoresrFiddler's Creek PUD, as amended, is hereby mended to read as follows:
1.3 PROPERTY OWNERSHIP
The subjea properly, with the exception of Unit 30, is currently under the ownership of The
De[tona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30
(243:1: acres) has been developed as a resort golf course and is owned by Massachusetls
Mutual Life Insurance Company. ,Lnother tract (43.0]:t: acres) is owned by Southern States
Utilities and is u~ as part of their wastewater treatment operations. The Collier County
School Board owns a twelve (12} acre tract in Unit 30. The remaind/~r of Unlt 30 within the
Fiddlers Creek PUD is owned by CjB-~.t~ 100, Inc., a Florida corporation and Parcel
Z, Inc., a Florida corporation, jointly doing business as 951 Land Holdings Joint Venture, a
Florida general partnership, hereinafter referred to as Developer. Unit 30 will be known as
and referred to as Fiddler's Creek.
1.7 COMMUNITY DEVELOPMENY DISTR/CT
The developer of Fiddler's Creek has established a Community Development District ("CDD")
for the property owned by developer within the Unit 30 portion of the Marco Shores PUD,
together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddler's
Creek. The Developer of Fiddler's Creek may establish a Community Development District
for the (~9'0 a~s ..... added ~c, Fiddler's Creek ~ As recognized by Development
Order 84-3, as amended, a CDD constitutes a timely, efcient, effeaive, responsive and
economical way to ensure the provision of facilities and infrastructure to Fiddler's Creek,
including the additions thereto.
The ~90 ac~ add;~;~i~ ~i~~~~i!, is amenable to infrastructure provision by,
district that has the powers set forth in Chapter 190, F.S. (199S).
SECTION THREE: AMENDMENTS TO PROJECT DEVELOPMENT SECTION
Section II entitled "Project Development" of Ordinances numbered 84-42 and 96-74, the
Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows:
LAND USE SUMMARY
MARCO SHORES PLANNED UNIT DEVELOPMENT
LAND USE Unit 30 Unit 24 Isles of Horr'z Barfield J 5 Creek Goodland TOTAL
Capri Island Bay MF ~ Marina
Residdmtial Multi- 142.30 105.89 28.80 12.10 289.09
Single-Family 0.00
P~ia~t~! )!l:~i~ :42.30 :OS.S9 2S.S0 ~2.10
Business 33.62 : 2.60 7.44 1.70
P.~ ~! :3.20 32.30 4.~0
· --,:.~- .......
Sc1~x~ls 12 12.00 24.00
~ 43.41 10.00 53.41
Corn~ Facilities 6.03 2.00 8.03
~o.d. ~ 23.60 1o.~o 0.30 o.81
Other ~..~ 16.07 5.54 0.44
TOTAL PUD ~f.~.~U.~.'~' 277.57 ~.44 142.89 49.04 14.54 15.83 ~.'~i~
ACRES**** 2-3:tgrH-
Residential UniLt 6000 2544 300 314 72 9230
E)c~lopmentTrnct ~ 9.17 2.10 6.40 4.95 0.130
· Not ~ffe~rttiat~d
· *In~lud~ ~ ~ acres
· ***Original PUD did not in~iud~ 42-~ a~'t~ of pr~w.~ in ac~a8~
2.4. MAXIMUM PROJECT DENSITY
No more than a maximum of 9,230 residential dwelling units, single and multi-family, shall
be constructed in the total project area. The gross project is 2886:4-2 ~ acres. The
gross project density, therefore, is 3:20 ~j!~ units per acre. The following is a summary of
acreage, dwelling units and density of each of the development areas shown on the site
development plans.
Wo~ds~lateadditionr, words st~ ate del~on:. 3
Development Area Acres Dwelling Unit Gross
Density
6.000
Unit 24 277.57 2~544 9.17
Isle of Capri 7.44 0 N/A
Horr's Island 142.89 300 2.10
Btu~ield Bay MF ..49.04 314 6.40
John Stevens Creek 14.54 72 4.95
Goodland Marina 15.83 0 N/A
2,Bg6.42 9230 ~
*Corrects original PUD which did not reflect 42 acres otpreserve.
2.8 LAKE SETBACK AND EXCAVATION
Within Fiddler's Creek, the lake setback requirements specified in the Land Development
Code may be reduced with the administrative approvai ot the Collier County Development
Services Director. All lakes may be excavated in accordance with the cross-sections set torth
in the Settlement A~'eement, as those cross-sections may be mended as provided in the
Settlement Agreement, except tor S~x,~,a |3 ~'~l~'e;'~d~;~..~'~~~. :.~.~.~_..~1~ whjch shaJl be
pursuant to the Land Development Code requirements.
SECTION FOUR: AMENDMENTS TO RESFRVE DISTRICT- FIDDLER'S CREEK
SECTION
Section V entitled "Reserve District - Fiddler's Creek" otOrdinances numbered 84-42 and
~>-74, the ]VL~co Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as tollows:
5.3 PERMITTED USES AND STKUCTLrI~S
No building or structure, or part thereof, shaii be erected, aitered, or used, or land or water
used, in whole or in part, tot other than the followlag:
A. Permitted Principal Uses and Structures:
(]) Passive recreational areas, boardwalks, including recreational shelters and
restrooms,
(2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands).
(3) Non-gasoline powered boating trails.
(4) Water management facilities, structures and lakes, including lakes with
bulk. heads or other architectural treatments.
(5) 1~oadway crossings and utility crossings as designated on the Master PI~.
(6) Those activities reasonably nccessazy to effectuate the Fiddler's Creek Wildlife
Words ~ am sdditionr, words ~;..-.'., :.L.i,,...~ an dclctions. 4
Habitat Enhancement and Management Plan adopted as mitigation for the
United States Corps of Engineers Dredge and Fill Permit No. 78B-0683, as
amended.
(7) Any other conservation and related open space activity or use w!fich is
comparable in nature with the foregoing uses and which the Development
Services Director determines to be compatible in the Reserve District.
a .......... ......
5.4 DEVELOPMENT STANDAKDS
A. W~thin Fiddler's Creek, with the exception ofSecth:m-~ F~d~ all
structures shall setback a minimum of five feet (~3 from Reserve district boundaries
and roads, except for pathways, boardweeks and water manageh~ent structures, which
shall have no r~uired setback. Buffers shall be provided around wetlands in
9 ~!!~~8~..~ extending at least fifteen feet (15) landward from the
edge ofwetland preserves in all places and averaging twenty-five feet (25~ from the
landward edge ofwetlands.
B. Lighting facilities shall be arranged in a manner which will protect roadways and
residentinl properties from direct glare or unreasonable interference.
C. Maximum height of structures - Twenty-five feet (25~.
D. Mi~mum distance between principal structures - Ten feet (10').
E. Mjnlmum distance between accessory structures - Five feet
F. M~nimum floor area - None required.
G. Mir~mum lot or parcel area - None required.
H. Standards for parking, landscaping, signs and other land uses where such standards
are not specified herein or within adopted Fiddler's Creek Design Guidelines and
Standards, are to be in accordance with the Collier County Land Development Code
in effect at 'the time of Site Plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
Words [sf~ ~ .ddition~, words ~ ate deletions. ~
SECTION FIVE: AMENDMENTS TO PARKS, UNIT 30, UNIT 24, BARFIELD BAY MF
AND HORR'S ISLAND DEVELOPMENT AREAS SECTION
Section VIII entitled "Parks, Unit 30, Unit 24, Barfield Bay MF and Hoff's Island
Development Areas" of Ordinances numbered 84-42 and 96-74, the Marco ShoresfFiddler's Creek
PUD, as amended, is hereby amend~ to add two paragraphs entitled "Purpose" and
Permkted" for the FkMI~'s Creek Addition, Section 29, and to change the Section VIII title to read
fiEOriON vlrff PARKS, UNTT 30, UNTr 2~4. BARFIELD BAY MF[ ~ ilORK'S
AREAS
SECTION SIX: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION
Scx~tion XI ¢ntlded "D~velopment Standards" of Ordinancea numbered 84-42 and 96-74, the
MarcoShores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows:
11.5CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE
All clearing, grading. earthwork and site drainage work aha[l b~ performed in accordance with
the applicable state and local codes as modified in this document and by the Fill Agreement
dated April 4, 1995, between Collier County and the Developer.
The Settlement Agr~-'ment and the con~ptual drainage plans ~ubmltted with thia appli~tion
~Jong with the recommendationa of the various review committees will be used as a guide to
the final d~velopment of the drainag~ and road systems within the various development areat
Won:l~ ~ sac ~dditionr, words ~;,,,,.k ;,' ,;,,,;~t, am ddctiont 6
Pursuant to the Agreement hetween the Developer and Collier County dated April 4, 1995,
land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site
development plan approval, or building permit issuance.
~ ~i:!d!~S:C~:.~ w~s not covered by the Settlement Agreement or the
Fill Agreement. ~ ~F~~~a~ shall be governed by the provisions
of the Land Development Code, except as modified herein, without reference to the
Settlement Agreement or Fill Agreement.
11.17 WATER MANAGEMENT
Detailed site drainage plans shall be submitted to the County Engineer for review. No
eonstn~etion permits shall be issued unless and until approval of the proposed construction
in accordance with the submitted plans is granted by the County Engineer, except to the
extent permitted by the Fill Agreement described in Section 11.5 hereof.
A. FIDDLER'S CREEK SECTION 13
The following standards and stipulations shall apply to Section 13 of the Fiddler's
Creek portion of the PUD:
I. The perimeter berm for Section 13 shall meet Land Development Code
requirements as to setbacks from the property line.
2. Provisions for Section 13 to accept or pass through existing flows from
culverts SIS~001-S0 150 and 180 under U.S. 41 shall be addressed by one or
more of the following methods:
a) Routing west along north line of Section 13 connecting to U.S. 41
outfall Swale No, 1. ·
b) Routing south along east side of Section 13, and further south
connecting to Fiddler's Creek spreader facility.
c) Routing through project's internal water management system.
All of the above are subject to permitting by South Florida Water
Management District (SFWMD).
3. Within six (6) months of approval of the rezone of Section 13, Developer shall
grant a "temporary" easement to accommodate the construction ofU. S. 41
outfall Swale No. 1 along the west and north sides of Section 13, the profile
ofwhich shall not exceed that set forth in the construction plans therefor, as
revised May 1992. Developer shall grant permanent easements as part of the
platting process for properties adjacent to the temporary easement, and shall
have the ability to change the boundaries of the easement, and the profile of
the drainage swale during said platting process, provided minimum flows are
maintained.
4. Any other drainage easements required in Section 13 for the conveyance of
off-site flows shall be dedicated and recorded within one (1) year of the
approval of the rezone of Section 13, pursuant to the process set forth in 3
above.
Words M $z~ m~clilionr. words ,~.k ~:-,--eh $~e del~onL '/
11.19 GE~ L~SC~E DE~LOP~NT CONCEPT
The development of all tracts sh~I be subject to the then cu~ent County re~lations
concerning landscaping.
Special pro~sions for the possible prese~ation of selected vegetation are prodded in the
~ipulatiom relating to Ho~s Isl~d, B~eld Bay ~d JoM SIrens Creek development ~eas.
Sp~i~ procures ~e ~ticipat~ to pro~de for ~e mum possible prese~ation of native
vegetation in these areas.
A. Prese~ation ~d Rese~ation ~eas:
Appro~mately 15,000 acres of valuable wetlands and other prese~ation areas have
been deeded to the State of Florida in conjunction with the Settlement Agreement
refe~ to elsewhere h t~s do~ment. h addition to these ~eas, appro~mately
~! acres ofaddition~ I~d is set ~ide h ~ddlees Creek as depicted on E~bit
A", ~d ~ re~lated by Section V hereoE O~er ~ h~oration into the approved
Words ~ are add lions; words ~ am deletions.
drainage design or as allowed by permits ~~, these areas will be left
untouched, with the exception of the required removal of exotic vegetation, and
deeded to the homeowners association or approved entity upon platting of these
specific areas.
.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER.'S CREEK
The following Subdivision Regulations from the Land Development Code ("LDC") shall be
waived and modified as follows:
A. Land Development Code §3.2.8.3.17.2 - Sidewalks will be constructed as shown on
the roadway cross-sections attached as Exhibit 'FC-F'. At Developer's option,
bikepaths may be substituted for sidewalks and sidewalks shall be optional for
roadways with fifty foot (50') fight-of-ways and that serve only one tract or parcel.
B. Land Development Code §3.2.8,4.1 - The access requirements of this Section are
waived and connections shall be as shown on the Master Plan.
C. Land Development Code §3.2.8.4.3 o Block lengths shall be as shown on the Master
Plan,
D. Land Development Code §3.2.8.4, 16.5 - Right ofway widths shall be as shown on
the roadway cross-sections attached as Exhibit MFC-F'.
E. Land Development Code §3,2.8.4.16.6 - The length of dead-end streets or cul-de-sacs
shall be as shown on the Master Plan.
F. Land Development Code §3.2.8.4.16.9 & .10 - The minimums of these sections are
waived and these tangents shall be as depicted on the Master Plan, except for St'orion
x:aa$:a, the minimum of these sections may be waived administratively at time of
PSP or development plan submittal with justification based on design speed.
G. Land Development Code §3.2.8.3.19 - Developer reserves the right, subject to
approval of Collier County Transportation Department, to s~ek substitutes for traffic
and street signs within the boundaries of Fiddler's Creek.
H. Land Development Code §3.5.7. 1 - Excavation setback distances may be reduced by
the Collier County Engineering Review upon demonstration by Developer that traffic
safety considerations are addressed.
I. Land Development Code §3.5.7.2 & .3 - Excavation side slopes and depths shall be
in accordance with the aforementioned Settlement Agreement, except for St-etlon-D
{~dN~~.~..~i which shall be in accordance with Division 3.5 of the
Land Development Code.
J. Land Development Code §3.2.8.4.16, 12.d - The pavement surface coarse thickness
shall be as shown on roadway cross-sections as Exhibit 'FC-F', except for Stc'tion
where pavement surface course thickness shall be
pursuant to Appendix 'B' of the Land Development Code.
1.22 SIGNS IN FIDDLEK'S CREEK
All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land
Development Code, as the same may be in effect at the time of Site Development Plan
approval, with the following exceptions:
Words ~ sr~ additions;, words il,-,~:, ~:,~,.S~ arc dclction,. 9
A. Permanent Community Signage
I. Project Identifica~on Signs - Two ground, wall, of gate project identi[ieation
signs may be located at each entrance to the development, subject to the
following requirements:
(a) Such signs shall only contain the name ofthe development and any
symbol or icon identi~ing the development, and shall not contain any
promotional or sales information.
(b) Project identification signs shall not exceed sixty (60) square feet
~i~ff, excluding mounting surfaces or structures. Where signage is
af'nxed or an integral part of a wall or fence, the face of the sign may
protrude above the upper edge of the wed1 or fence, but remain subject
to height restrictions.
(c) No project identification signs shall exceed the height of ten feet (10')
above the finished ground level of the sign site.
2. Boundan/Monument Signage - Project monument signs may be located at or
near each boundary of the project on S.R. 951 and U.S. 41, provided that no
such sign shall exceed twelve (12) square feet, excluding mounting surfaces
or structures, and ~urther providing that all other requirements of I 1.22A. 1)
are met.
3. Tract Identification Signs - Each tract containing a different use may have at
each entrance or in other approved location an identification sign not more
than s~x feet (6') in height and thil-ty-two (32) square feet in area, provided the
requirements of Section i 1.22A. !) not in coru'lict herewith are met.
4. Directional Signs - At each intersection in the development, four (4) square
foot directional identification signs are permitted for each separate use being
identified for directional purposes. One sign may incorporate all uses being
identified, shall maintain a common architectural theme, such sign shall not
exceed six feet (6') in height and twenty (20) square feet in area, and shall
meet the requirements of Section 11.22A. 1 ) not in conflict herewith.
B. Temporary or Promotional Signage - These signs are to direct prospective purchasers
and identify the various projects being developed.
I. One development announcement sign may be erected on each project street
frontage for each tract or parcel, identi~ing the proposed project or project
under construction, subject to the following requirements:
(a) There sh,~l be no more than two (2) sip per trac'. parcel or project,
(b) Such signs shall not exceed sixty (60) square feet in area, excluding
mounting surfaces or structures. Where such signage is attached or
af~ed to a wall or fence, the face of the sign may protrude above the
upper edge of the wall or fence, but remain subject to height
restrictions.
(c) No development announcement signs shall exceed ten feet (I 0') above
the finished grade of the sign site.
2. Residential Lot Signs - Individual residential lots may be identified by a sign
not to exceed two (2) square feet or protrude more than three feet (37 above
Words~ug.dditions;words~:,,~:,~,~,,,,i,~,aredclct~ona. 10
the finished grade of the lot, provided such sign shall only contain the
following information: lot number, name of owner or builder, and telephone
number for contact, and shall comply with the requirements of Section
I 1,22.B. 1) not in conflict herewith.
3. Residential Construction Lot Signs - During the construction phase on any
residential lot, a temporary sign identifying the owner, builder, lot number,
and phrase such as 'the new home of "may be erected, subject to the
following requirements:
(a) Such signs shall not exceed six (6) square feet in area or protrude
more than four feet (49 above the finished grade.
(b) Such signs shall meet the requirements of Section 11.22B. 1) not in
conflict herewith.
SECTION SEVEN: AMENDMENTS TO STIPULATIONS AND COMMITMENTS
SECTION
Section XII entitled "Stipulations and Commitments" of Ordinances numbered 84-42 and 96-
74, the Marco Shores/Fiddler's Creek PUD, as amended, is hereby amended to read as follows:
12.1 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD
A. Conditions Recommended by Environmental Advisory Board ('EAB")
(1) Staff recommends approval for all development areas of Rezone Petition R-
84-7C with specific regards to PUD Zoning Classification.
(2) Staff recommends Conceptual Drainage Approval of the following
development areas:
(a) Fiddler's Creek '
(b) Unit 24
(c) Goodland Marina
(:3) Resubmission to EAB for Conceptual Drainage approval for the Isle of Capri
Business Tract and the unique development areas of Horr's Island, Barfield
Bay Multi-family and Iohn Stevens Creek will be required that includes site
specific information and coordination of recommendations made by the
County Environmentalists in Memorandum dated April 27, 1984 as may be
amended and endorsed by EAB.
(4) Detailed site drainage plans for all development areas shall be submitted to the
EAB for review and approval. No construction p-,rmits shall be issued unless
and until approval of the proposed construction in accordance with the
submitted plans is granted by the county Engineer and the Environmental
Advisory Board.
(5) Detailed site drainage plans showing the effectiveness of the golf course lake
system and the extent of the water management system, includin~ spreaders,
that will be constructed as part of the initial phase shall be submitted to
Project Review Services for review. No construction penTfits shall be issued
unless and until approval of the proposed construction in accordance with the
Wot~ m'~ $dditionr, words singie-thrm~h sr~ &l~'tiona, 11
submitted plus is granted by Project Review Services.
(6) Historically, off-site flows have been and continue to be routed through the
easterly po~on ofthe proposed development. Should the existing routing of
off-site flows be impacted by the initial proposed development, provisions
shall be made for re-routing and/or continuing to allow historic off-site flows
to pass through the initial phase proposed for development.
(7) Based on prior commitments, Ordinance 88-26 is to apply except as Section
8 thereof is modified by the approved "Conceptual Drainage Plan, Marco
Shores Unit 30", Sheet G-l, dated .l'anuary 1984, "Typical Lake Section",
with respect to lake slopes and depths, and further, the lake setbacks from
abutting fights-of-way will not be required provided safety barriers (which
may include landscaping with berms) are utilized to the extent that such
setbacks are not met, nor will the restoration requirements contained in
Subsection F apply. The above does not apply to ~ ~i~j]~i
C~:~la~fi~ which shall meet the requirements of Division 3.5 of the Land
Development Code.
12.2 STIPULATIONS AND COMMITMENTS o ENVIRONMENTAL ADVISORY BOARD
CEABD
A. Stipulations To Rezoning of Category I Lands: Fiddler's Creek, Unit 24, Isle of
Capri, Goodland Marina
(I) Native Vegetation and Habitats
(a) During development Deltona will fill all areas of Unit 24 under an
elevation of six feet and construct the roads, lake, and other water
management facilities as proposed on th~ conceptual plan for both
those areas under and over the six foot contour.
(b) Following this a vegetation survey of the remaining unaltered areas of
Unit 24 will be prepared by Deltona ~d sfibrnitted to the County
Environmentalist.
(e) The County Environmentalist will use the vegetation survey and work
with Deltona or the architects hired by future owners of multi-family
lots of Unit 24 to arrive at a final building and parking lot layout that
would minimize the eestruetjon of remaining undisturbed native
vegetation.
(d) Approximately 15,000 acres of valuable wetlands and other
preservation areas have been deeded to the State of Florida in
conjunction with the Settlement Agreement referred to elsewhere in
this document. In addition to these areas, approximately ~ ~
acres of additional land is set aside in Fiddler's Creek as depicted on
Exhibit "FC-A', and as regulated by Section V hereof. Other than
incorporation into the approved drainage design or as allowed by
permits, these areas will be left untouched, with the exception ofthe
required removal ofexotlc vegetation, and deeded to the homeowners
association or approved entity upon platting of these specific areas.
(2) Archaeological Resources
(a) The Developer of each ofthe above described projects will design and
implement a plan so that if an archaeological site or artifact is
Words ~ ~te nddilionr, words ~,"-:;,k :~rc~i~ ere deletions. ] 2
uncoyered during site clearing, grading, or excavation, construction
in that location will be stopped for a sufficient length of time to give
both Devcloper's archaeological consultant and/or one selected by the
Environmental Section to assess the find and determine whether
excavation is necessary.
(b) The Environmental Section or its selected consultant will respond to
such a find in a timely manner so that eonsuuction is not unnecessarily
delayed.
(c) Prior to any work in the Goodland Marina area, the Environmental
Section, with the assistance orselected local archeo[ogical assistance,
will survey the development area to determine the validity or reported
sites in that vicinity.
(d) It a significant site is discovered, the Environmental Section will
coordinate the excavation of the site, consistent with Developer's
construction schedule, to remove any significant artifacts.
(3) Water Resources - Quality
(a) To ensure sufficient treatment of water runoff from development
areas, final water management plans will retain and treat all runoffin
development area swales and/or lakes prior to discharge from lakes
through spreader waterways.
(4) Water Resources - Quantity
(a) Final water management plans, control structure elevations, lake
levels, etc., are to replicate, as closely as possible, the seasonal pattern
of water discharge as necessary to comply with the applicable
requirements of the South Florida Water Management District and the
Settlement Agreement, except for Seetion-B ~c{~~j~
~a!~!~ which shall comply with the apFlicable requirements of
South Florida Water Management District and Collier County.
(b) Water will be retained on site during the natural dry season and will
be discharged at a rate similar to pre-development conditions during
the wet season pursuant to the applicable requirements of the South
Florida Water Management District and the Settlement Agreement,
except for Seeriot,-1-3- ~~~g~'~ which shall
comply with the applicable requirements of South Florida Water
Management District and Collier County.
12.4 STIPULATIONS AND COMMITMENTS - UTILITIES
A. Wast~ Water Management
(I) Under the franchise modification, as provided for below in '2~ and this
Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility
O for constructing and operating additional wastewater treatment collection and
· disposal facilities and necessary to provide sewer service to the Marco
Development areas, and to those areas known as Unit 24 and Unit 27.
(2) The Board of County Commissioners hereby authorizes Deltona to undertake
the responsibility for sewer service, as provided in "1" of this Section, by
granting the following modification to Deltona's Sewer Franchise Agreement,
Worde ~ e additions; word: ~--:ck :,~,~c,~.h ere deletions. 13
dated April 27, 1971 and recorded in the public records of Collier County in
Official Records Book 401, Page :304 et seq. (the "Sewer Franchise
Agreement:):
(a) The sewer franchise area is hereby modified by deleting therefrom all
properly that is not designated as "Development Area" under the
Marco Agreement and substituting therefore all properly, not
presently within the sewer franchise area, that is included within such
Development Area.
(b) Not withstanding this modification to the Sewer Franchise Agreement,
Collier County shall provide sewer service to those areas known as
Unit 24 and Fiddler's Creek, provided Collier County has the
capability and has committed to provide such sewer service prior to
commencement by Developer of construction of any additional
sewage treatment facilities to serve such areas.
(c) With respect only to those areas known as Unit 24, Developer shall
dedicate all sewage collection facilities to Collier County at the time
such areas are platted or replatted (whether or not the plats or replats
are identified as Unit 24). Simultaneously with such dedication(s),
Collier County shall lease the collection facilities back to Developer;
alternatively, Collier County may commit to provide immediate sewer
service to the platted area, as provided in "b~ above. In the event the
collection facilities are leased back to Developer, the lease shall be on
the following terms and conditions:
(1) Lease Term - The lease term shall commence from the date of
, platting and continue unintemjpted for 30 years or until
Collier County purchases the sewage treatment facilities as
provided for in 'd" below, whichever first occurs.
(2) Annual Rent - $1.00 per annum payable annually in advance.
(3) Lessee's Rights - Lessee shall have the right to use and operate
the sewage collection system, and during the lease term, all
connections to the system shall be customers of the lessee.
Customers outside the Deltona Franchise Area but served
through this facility shall be customers of the County.
{4) Lessee's Obligations - Lessee shall have the responsibility to
provide sewer service to the areas served by the sewage
collection and lessee shall maintain and repair the sewage
collection system so that upon termination of the lease, the
system will be turned over to Collier County in good
condition, reasonable wear and tear expected.
(5) Other Provisions - The lease shall contain such other
provisions as are typically included in commercial net
leaseback agreements as Developer and Collier County shall
deem reasonable and appropriate.
(d) In addition to any other fights of Collier County to purchase the sewer
system, as provided in the Sewer Franchise Agreement, Collier
County shall have the option at any time, upon twelve (12) months
prior notice to Deltons, to purchase the sewage treatment facilities
: serving Unit 24. In the event Collier County exercises this option, the
Words ~ are sdditionr, words ih,,,.:, ;:..v..i.~ are deletions. 14
purchase price shall be determined by adding:
( I ) The amount of Deltona's investment in the sewage treatment
facilities serving such Units less any salvage value of the
treatment facilities (if Collier County does not desire to take
title to such treatment facilities) and less any portion of
Deltona's investment previously recovered from Customer
credit impact fees to be collected by the County and returned
to Dcltona as a credit and
(2) any accumulated net operating loss attributable to that portion
of the sewer system occurring during that period commencing
after 100 customers have been connected to the system
through the date of closing.
(e) Either! the:~Collier County ',3~H~cs ~~
central 'prorider shall provide all wastewater treatment services to that
part orFiddlcr's Creek owned or developed by Developer.
(f) It is anticipated that Developer will use treated wast~.-water effluent to
meet the non-potable water demands for Ur~t :24. The effluent
distribution lines will be dedicated to Collier County at the time of
platting and in the event Developer leases back the sewage collection
system as provided for in (2) above, the effluent distribution lines will
be included in the !easeback.
(g) Deltona shall be required to locate the construction of a regional
sewage facility in the general location of Unit 30.
B. Water ~upply and Treatment and Distribution
(1) The County Water-Sewer District through its Regional Water System shall be
the sole provider and purveyor ofwater to those portions of the development
lying within any non-franchised areas.
(2) All plans and specifications for transmission and distribution facilities
proposed for the areas under this petition shall be reviewed by the Utilities
Division for conformsnee with current subdivision requirements and Utilities
Division standards for construction,
(3) All transmission and distribution facilities within the non-franchised areas shall
be dedicated to the County Water-Sewer District prior to being placed into
service.
(4) All water users in the non-franchised areas shall be County customers.
(5) Prior to the issuance of building permits for new water demanding facilities,
the applicant for the building permit shall pay an appropriate system
development charges applicable at the time application for the building
permits are made.
12.7 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS
A. No filling of the east-west canals/ditches contained on the 22.9 acre parcel described
on page 7 of Exhibit 'FC-C' hereof shall occur prior to the removal of exotics from
the Preserve parcel located between Parcels 1 and 49 as depicted on Exhibit
hereof.
Words ~ arc additions; words ~;,,,.k :,~,~...~,~ src deletions. 15
B. If the development activities in Fiddler's Creek are the cause of~ooding in the Port-
Au-Pdnce Project, Developer shall take immediate corrective action.
C. Agricultural uses shall continue to be perrt~tted on the undeveloped portions of
Fiddler's Creek lying within ~'~~/~,...L .l~ll~j~ ~
Sob{h, r,~8{, 2(, East, Collie, C,:,u,i~y,
SECTION EIGHT: EFFECTIVE DATE
This Ordinance shall become effective at such time as it:s supporting comprehensive plan
amendment, Ordinance Number 98-/~L, becomes legally effective as provided by Subsection
163.3189(2)(a), Florida Statutes (1995).
PASSED AND DULY ADOPTED by the Board of County Commissioners of Co!l~er County,
Florida, this 'q",f/ day of. f~~.~ ,1998.
ATT~,ST: ......... BOARD OF COUNTY COMMISSIONERS
' DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
.
... ,.i TM ..~. , .'
· .,', ...
APi3ROVED AS TO FORM AND T~ts ordlnor~e filed with the
and acknow/edgernent of that
ASSZSTANT COUNTY ATTOPuN~Y
O:XUS~A~W'P51 ~:]DDLE~.AO~PUD.ORD
February 18, 1998
Word, ~ ate addil~t~, wo~ ,;, _~ ;L;,,,,i:, are deplore, 16
EXHIBIT "A"
LEGAL DESCRIPTION
ALL OF SECTION 18, LYING SOUTH AND WEST OF U.S. 41 AND ALL OF SECTION
19 AND THE NORTH I/2 OF SECTION 29, TOWNSHIP 51 SOLrrH, RANGE 27 EAST,
COLLIER COUNTY, FLORIDA. [ 1,384.72 acres]
O.'qjSF.,RS~ANA~WPI I'~IDDLF,~AC}~.~OAL
AMENDMENT TO
MARCO SHORES
PLANNED UNIT DEVELOPMENT
AS IT RELATES TO:
FIDDLER'S CREEK
PREPARED BY:
GEORGE L. VARNADOE, ESQ.
YOUNG, VAN ASSENDERP & VARNADOE, P. A.
801 LAUREL OAK DP, IVE, SUITE 300
NAPLES, FL 34108
(941 ) 597-2S 14
D ATE FII .ED :.
DATE APPROVED BY CCPC:
Novcn~b¢~ 7. 1996
DATE APPROVED BY BCC: .,,~,,~-~'/'? f
Nove,~bcr 26,
ORDINANCENUIVfiBER: ~-/3 ~6-74
PAGE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION I-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III RESIDENTIAL LAND USE DISTRICT 3-1
DEVELOPMENT (FIDDLER'S CREEK)
SECTION IV MULTI-FAMILY RESIDENTIAL DEVELOPMENT 4-1
SECTION V RESERVE DISTRICT (FIDDLER'S CREEK) 5-1
SECTION VI BUSINESS DEVELOPMENT 6-1
SECTION VIA ISLE OF CAPRI COMMERCIAL DEVELOPMENT 6A-1
AREA
SECTION VIB ISLE OF CAPRI COMMERCIAL DEVELOPMENT 6B-I
AREA STIPULATIONS AND COMMITMENTS
SECTION VII GOLF COURSE AND CLUB CENTER 7-1
DEVELOPMENT
SECTION VIII PARKS AND RECREATION DEVELOPMENT 8-1
SECTION IX UTILITY/ELECTRIC DEVELOPMENT 9-1
SECTION X MARINA DEVELOPMENT 10-1
SECTION XI DEVELOPMENT STANDARDS 11-1
SECTION XII STIPULATIONS AND COMMITMENTS 12-1
EXHIBIT 'Ae MASTER PLAN
EXHIBff "B' LOCATION MAP
EXHIBIT "C" LEGAL DESCRIPTION OF DEVELOPMENT TRACTS
EXHIBIT "D" IMPROVEMENT ESCROW AGREEMENT
EXHIBIT "E" LETTER OF COMMITMENT
tlords ~ ere additions; ,ords .~.,,,:, ~.~ are deletions.
EXHIBIT "FC-A" FIDDLER'S CREEK MASTER PLAN
EXHIBIT "FC-C" LEGAL DESCRIPTION OF FIDDLER'S CREEK
EXHIBIT "FC-F" FIDDLER'S CREEK ROADWAYS CROSS-SECTIONS
EXHIBIT "PC-G" AIRPORT OVERLAY ZONE
Ilordl ll~iti~j[ere/ddtttons; ~ords v~.,~ ;;,~v~:, ere deXetSone.
SECTION 1
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 MAR. CO SHORES PLANNED UNIT DEVELOPMENT.
1.2 ~
The development is comprised of several geographic areas generally referred to as Unit 30,
Unit 24, Isle of Capri, Barfield Bay Multi-family, John Stevens Creek, Horfs Island (Key
Marco), and Goodland Marina. The legal description for these parcels will be found in
Exhibit "C' to this document.
1.3 ~
The ~bject property, with the exception of Unit 30, is currently under the ownership of The
Deltona Corporation, 3250 S. W. 3 Avenue, Miami, Florida 33129. A portion of Unit 30
(243~- acres) has been developed as a resort golf course and is owned by Massachusetts
Mutual Life Insurance Company. Another tract (43.01+ acres) is owned by Southern States
Utilities and is utilized as part of their wastewater treatment operations. The Collier County
School Board owns a twelve (12) acre tract in Unit 30. The remainder of Unit 30 within the
Fiddler's Creek PUD is owned by 69 ~!~ 100, Inc., a Florida corporation and Parcel
Z, Inc., a Florida corporation, jointly doing business as 951 Land Holdings Joint Venture, a
Florida general partnership, hereina~er referred to as Developer. Unit 30 will be known as
and referred to as Fiddler's Creek.
1.4 ~
A. Marco Shores Planned Unit Development lies in and north of the present existing
community of Marco Island. The project areas have been defined in a Stipulation for
Dismissal and Settlement Agreement (herein "Settlement Agreement") between The
Deltona Corporation and federal and state agencies, Collier County, and various
conservation groups. That Settlement Agreement was dated July 20, 1982, and
provides for the development of the areas defined in this document as well as
provision for a minor mount of development of single-far~ly lots presently platted
on the west shore of Bar~eld Bay on Marco Island. The total area of development
included in this pined unit development project is 2133.22 acres. The Unit 30 and
Unit 24 development areas are on the mainland north of Marco Island and both front
on State Road 951. The Unit 30 area extends to the east and north and fronts on U.S.
Words ~ ere add~tionsJ ~ords ~ ere deletions.
Highway 41. The Isle of Capri business tract is located on the northwest comer of
the intersection of State Road 951 and 953. The Barfield Bay Multi-family, John
Stevens Creek and Goodland Marina development areas are located in the eastern
section of Marco Island and occupy areas previously platted into residential property
but not developed due to environmental constraints.
Horr's Island (Key Marco) is a separate island south of but immediately adjacent to
the Barfield Bay Multi-family area in the eastern portion of Marco Island.
B. Various current zoning classifications are applicable to the separate areas of the
development. Unit 30, Isle of Capri, and Horr's Island development areas are
currently zoned Agricultural with some ST overlay classification. Unit 24, Barfield
Bay Multi-family, John Stevens Creek and Goodland Marina areas are currently
platted t~nd zoned as Residential Property with some ST overlay.
The Unit :t0 development tract is flat pineland gently sloping to the south. Typical elevation
of the property is approximately 4-1/2 feet above mean sea level. The southern boundary of
the tract has been established by federal and state agencies as the northern limit of the
adjacent impounded wetlands in the area east of State Road 95 !.
The Unit 24 development area is comprised of some impounded wetlands and pine and
palmetto vegetation established on land reaching an elevation in some spots to 8 feet above
mean sea level. The boundaries of this development tract have been established by state and
federal agencies as the landward limits of the valuable mangrove wetlands in the area.
Isle of Capri business tract is comprised of an upland area that previously has been used as
a dump site as well as some flinging wetlands. The development boundary of this site has
been established by state and federal agencies.
Barfield Bay Multi-family and John Stevens Creek areas are comprised of large areas of
searifled land where the high ridge fill has been removed in past years. The fringes to these
areas are composed of hammock vegetation.
Goodland Marina site has been a historic dump site in the Goodland area. Some wetland
areas have been approvcd for development to allow this water related recreational facility.
The waterward boundary ofthis Tract has also been established by state and federal agencies.
Horr's Island (Key Marco): This island is characterized by a high ridge reaching to 38 feet
above sea level. Historic occupation of this island has variously used it for pineapple
plantations and other fanning. The natural hammock vegetation however has been
reestablished on these farmed areas. The island is characterized by steep side slopes and high
Words ~ ere additlonsl ~ords ~ ere deletions.
central spine elevations.
Water Management for the proposed project will be as conceptually described in the state-
federal agreement as modified by stipulations included in this document as a result of a
detailed review by the Water Management and Environmental Review Committees.
The Unit 30 portion of the Marco Shores PUD is now known as and shall be referred to
hereinafter as Fiddler's Creek.
!.7 ~
The developer of Fiddler's Creek has established a Community Development District ("CDD")
for the property owned by developer within the Unit 30 portion of the Marco Shores PUT),
together with the adjacent 22.9 acre parcel which was previously incorporated into Fiddler's
Creek. The Developer of Fiddler's Creek may establish a Community Development District
for the 69~ Fiddler's Creek i~.ii'~. As recognized by Development
Order 84-3, as amended, a CDD constitutes a timely, efficient, effective, responsive and
economical way to ensure the provision of facilities and infrastructure to Fiddler's Creek,
including the additions thereto.
The ~ ~[~~ is amenable to infrastructure provision by a
district that has the powers set forth in Chapter 190, F.S. (1995).
are additions; ~ords w~,~-w~4r-t-ht.~m~ are deZetLons. I - 3
SECTION II
PROJECT DEVELOPMENT
The purpose of this Section is to delineate and generally describe the project plan of
development, the respective land uses of the tracts included in the project, as well as the
project criteria for MARCO SHORES PLANNED UNIT DEVELOPMENT.
2.2
A. Regulations for development of MARCO SHORES PLANNED UNIT
DEVEI. X)PMENT shall be in accordance with the contents of this document, PUD-
Planned Unit Development District and other applicable section and parts of the
"Collier County Land Development Code".
B. Unless otherwise noted, the definitions ofall terms shall be the same as the definitions
set forth in 'Collier County Land Development Code".
2.3
A. The project site plan, including layout of streets and !and use of the various tracts, is
iljustrated graphically by Exhibit "A", Mater Plan, for all areas other than Unit 30,
Fiddleis Creek. The development tracts are iljustrated individually and each
development tract includes various land uses. A summary ofthe !and uses in each
development area is summarized on the table below.
B. Arm iljustrated as lakes on the site development plan shall be constructed as lakes
and the interconnecting water~vay systems. In Unit 24, these lakes provide the
necessary fill to elevate the development tracts for their assigned uses. The detailed
lake system construction plan shall be approved by the appropriate county and
regional agencies prior to commencement of construction. The remaining
development tracts w'll be filled to design elevation by the importation of off-site fill.
C. In addition to the various areas and specific items shown in the development site
plans, such easements (utility, private, semi-public, eto.) shall be established within or
along the vaxious tracts as may be necessary or deemed desirable for the service,
function or convenience of the project's inhabitants.
D. The PUD Master Plan for Fiddlers Creek Exhibk "FC-A" (this Exhibit supersedes the
Marco shores Master Plan Exhibit "A"), is attached hereto and made a part hereof by
reference. The land uses in Fiddler's Creek (Unit 30) are included in the Land Use
Summary below.
LAND USE SUMMARY
MARCO StIORES PLANNED UNIT DEVELOPMENT
UNIT 30 UNIT 24 iSLES OF HORR'S BARFIEL J S CREEK Goodland TOTAL
CAPRI Island D BAY MF MF Marina
Reskknfial Multi - 142.30 105.89 28.80 I 2.10 289.09
Resick~al ~{~4~i~3~.(}, 1~2.30 105.89 28.80 12.10
Business 33,62 12,~ 7.44 ] .70 55,36
a~is 12 ] 2.~ 24
4~.4 i 10.~ 53.41
~ Fsciliti~ 6.03 2.~ 8.03
Ra~ ~ 23.~ 1o.~ 0.30 0.81
~ ~ 16.07 ~.~4 0.44
T~A~ P~ ~ 277.~7 7.44 142.89 49.~ 14j4
~i~al U~u ~ 2544 3~ 3 i 4 72 9230
~l~t Tn~ ~ 9.17 2.10 6.40 4.95 0.~
*Not
Nords j~jj~J~are additions~ ~ords ~--t-e~k-+ht-~thare deletions. 2 - 2
*"*Original FUD did not include 42-t: acre= ot'pregrve in acreage
2.4. htAJ~
No more than a maximum of 9,230 residential dwelling units, single and multi-family, shall
be constructed in the total project area. The gross project is -2886:4-2 ~;:~ acres. The
gross project density, therefore, is ~ ~=~ units per acre. The following is a summary of
acreage, dwelling units and density of each of the development areas shown on the site
development plans.
Development Area' Acres Dwelling Unit Gross
..... Density
U~t 24 277.S7 2~544 9.17
Isle of Cspfi 7.44 0 N/A
Ho~s Island 142.89 3~ 2.10
B~eld Bay ~ . .. 49.04 ] 14 6.40
Jo~ St~s Cr~k 14.S4 72 4.9S
~1~ M~na 15.83 0 N/A
~ 9230 3,20
*~nms o~ P~ w~ch did not retire 42 acres ofpr~e.
2.5 pgO~ PL~ ~PROV~ ~Q~~S
A. Prior to the r~rding of the E~rd PIa~ ~ pl~ ofthe r~uir~ improvements
~ ~e ~ ~o~ of~l appropriate ~lli~ Coun~ gov~ent~ agenci~ to
~ ~mp~ ~ ~e P!~ ofD~opm~ ~e Coun~ Su~i~sion Re~lafions
and the pla~ing laws of the State of ~ofida. IE ~pfio~ to the Subdi~sion
Re~lafio~ ~e r~um~ for ~y plat, tho~ ~ptions shall be r~ ud
approv~ by the Subdi~sion R~ew ~tt~.
B. E~bit "A" - Master Plan, ~nstitutes the r~u~ P~ Development Plu ud the
Words i ere additions; ~ords ~t,,,~ ~;,,~.i~ are deletions. 2- 3
Subdivision Master Plan. Subsequent to its approval, the Final Site Plans and Final
Subdivision Plat shall be submitted for approval. Exhibit "FC-A" - Fiddler's Creek
Master Plan constitutes the PUD Development Plan for th6 property described in
Exhibit "FC-C" hereof.
2.6
When site plan approval is required by this document, the following procedure shall be
followed:
A. A written request for site plan approval shall be submitted to the Development
Services Director for approval. The request shall include materials necessary to
demonstrate that the approval of the site plan will be in harmony with the general
intent and purpose of this document, will not be injurious to the neighborhood or to
adjoining properties, or otherwise detrimental to the public welfare.
2.7
A. When the developer sells an entire Tract or a building parcel (Fraction of Tract) to a
subsequent owner, or proposes development of such property himself, the developer
shall provide to the Development Services Director for approval, prior to the
development of the tract by the developer or prior to the sale to a subsequent owner
of such property, a boundary drawing showing the tract and the building parcel
therein (when applicable) and the square footage assigned to the property. The
drawing shall also show the location and size of access to those fractional parts that
do not abut a public street. An updated Master Plan showing the fractional parcel
also shall be submitted.
B. In the event any tract or building pared is sold by any subsequent owner, as identified
in Section 2.7A in fractional parts to other parties for development, the subsequent
owner shall provide to the Development Services Director for approval, prior to
development of the tract by the developer or prior to the sale to a subsequent owner
of a fractional part, a boundary drawing showing his originally purchased tract or
building parcel and the fractional parts therein and the square footage assigned to each
of the fractional pasts. The drawing shall also show the location and size ofaecess
to those fractional parts that do not abut a public street. An updated Master Plan
showing the fractional parcel also shall be submitted.
C. The developer of any tract must submit a Conceptual Site Plan for the entire tract in
accordance with Section 2.6 of this document pdor to Final Site Development Plan
submittal for any portion of that tract. The developer may choose not to submit a
Conceptua/Site Plan for the entire tract i~a Final Site Plan is submitted and approved
for the entire tract.
D. The develope~ ofany tract or building parcel must submit, prior to or at the same time
of application for a building permit, a detailed site development plan for his tract or
parcel in corfformance with the Land Development Code requirements for site
development plan approval. This plan shall be in compliance with any approved
Conceptual Site Plan as well as all criteria within this document.
E. In evaluating the fi'actionalization plans, the Development Services Director's decision
for approval or denial shall be based on compliance with the criteria and the
development intent as set forth in this document, conformance with allowable amount
of building square footage and the reasonable accessibility of the fractional parts to
public or private roadways, common areas, or other means of ingress and egress.
F. Ifapproval or denial is not issued within twenty (20) working days, the submission
shall be'considered automatically approved.
G. In the event the Developer violates any of the conditions of this PUD Ordinance, or
otherwise fails to act in full compliance with this PUD Ordinance, the County shall,
pursuant to the notice and hearing requirements of this Section:
I. Stay the effectiveness ofthis PUD Ordinance; and
2. Withhold further permits, approvals and services for development.
The above County actions shall apply to the tract or parcel, or portion of the tract or
parcel, upon which the violafive activity or conduct has occurred. As a prerequisite
to such action, the Board of County Commissioners shall conduct a public hearing,
following notice as provided below, to consider the matter and adopt a resolution
finding that such a violation has occurred.
Ira violation takes place, the County shall give the violator written notice by certified
mail, return receipt requested. Said notice shall state the following:
I. The nature ofthe alleged violation; and
2. The tract or parcel, or portion of the tract or parcel, upon which the violafive
activity or conduct has occurred; and
3. That the violation must be cured within fifteen (15) days of the date of the
notice, unless it is not curable within fifteen (15) days in which event the
violator will so advise the County in writing within seven (7) days of receipt
of this notice; and
4, That if'the violation is not cured within such time period, the Board of County
~ords ~i~j~lare addttlons~ vords st-~ ire deletions. 2 - 5
Commissioners shall hold a public healing to consider the matter; and
5. That the heating must be held no less than fifteen (15) days nor more than
thirty (30) days from the date of the notice.
In the event that the violator advises the County that the violation is not curable
within the fifteen (15) day period, the violatoes commencement of diligent, good faith
efforts to cure said violation within this period shall obviate the need to hold the
public heating. The PUD Ordinance shall remain in full force and effect during the
pendency of the cure period.
In the event the violator fails to commence diligent good faith efforts to cure or to
pursue the curative action to completion within a reasonable time as determined by
the County, the County shall give written notice as set forth herein.
The provisions of this Section shall apply to violation by the Developer, its agents,
grantees, successors or assigns.
For purposes of this Section, the word 'tract' or 'parcel' shall be defined to mean any
area of development created by plat or otherwise delineated as a separate
development area.
Within Fiddler's Creek, the lake setback requirements specified in the Land Development
Code may be reduced with the administrative approval of the Collier County Development
Services Director. All lakes may be excavated in accordance with the cross-sections set forth
in the S~tl~rnent Agr~ment, as those cross-sections ma be mended as rovided in the
pursuant to the Land Development Code requirements.
2.9 - -
Within Fiddler's Creek, lands within project rights-of-way may be utilized for landscaping
decorative entranceways, gat~ gatehouses, and signage subject to revi~v and administrative
approval of the Collier County Development Services Director for engineering and safety
considerations during the development review process and prior to any such installations.
2.10 ~
Standards for roads within Fiddler's Creek shall be in compliance with the applicable
provisions of the Collier County Land Development Code regulating subdivisions, unless
otherwise modified, waived, or excepted by this PUD or as approved during the platting
process. The Developer reserves the fight to request substitutions to Code design standards
in accordance with Article 3, Division 3.2, Section 3.2.7.2 ofthe Land Development Code.
The Developer also reserves the fight to install gates, gatehouses, and other access controls
on all project roadways,
2.11 ~
Landscape buffers, bums, fences and walls are generally permitted as a principal use
throughout Fiddler's Creek. The following standards shall apply:
A. Landscape bcnns over two f'eet (2') in height shall have the following maximum side
slopes:
(1) Grassed berms 3:1
(2) Ground covered bums 2:1
(3) ]Up-Pap herins 1:1
(4) Structural wailed herins - vertical
When the provisions of 2. I I A are utilized, native shade trees shall be planted twenty-
five feet (257 on center, along the exterior side of the berm, equal in height or greater
than the completed height of the berm.
B. Fence or wall maximum height: six feet (6'), as measured from the finished grade of
the ground at the base of the fence or wall, except that an eight foot (8') fence or wall
may be permitted, with the approval of the Development Services Director, at the
perimeter ofthe project, where the project uses would be proximate to dissimilar uses.
For the purpose of this provision, finished ~,'radc shall be considered to be no greater
than eighteen inches (18") above the highest crown elevation of the nearest existing
road unless the fence cr wall is constructed on a perimeter landscape berrn. In these
cases. the wall or fence shall not exceed six feet (6') in height from the top ofberm
elevation for berm elevation with an average side slope of 4:l or less, and shall not
exceed four feet (4') in height from the top of bcrm elevation for berrns with an
average side slope ofgreater than 4:1 (i.e. 3: ! ).
C. Landscape buffers, herins, fences and walls may be constructed along the perimeter
ofthe Fiddler's Creek portion of the PUD boundary prior to preliminary subdivision
plat and site development plan submittal. All such areas must be included in a
landscape easement on final plats, or in a separate recorded instrument.
D. Fences and walls which are an integral part of security and access control structures
such as gatehouses and control gates shall not be subject to the height limitations set
forth under 2.11 B, and shall be governed by the height limitations for principal
structures of the district in which they are located. In the case of access control
WOrds lll~ers additions/words vlrr.~'6--~hrm~hers deletions. 2 - 7
structures within right-of-ways adjoining two or more different districts, the more
restrictive height standard shall apply.
E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may
be allowed in landscape buffers in accordance with Collier County Land Development
Code Division 2.4 Landscaping and Buffering.
2.12 MARCO ISLAND EXECUTIVE AIRPORT
The following provisions are applicable to the Fiddler's Creek portion ofthe PUD only.
A. Collier County has adopted special regulations for specified areas in and around the
airports in Collier County in the form of Airport Overlay Zoning Districts. Some of
the property within Fiddler's Creek is within the Airport Overlay Distdct adopted for
Marco Island Executive Airport (nAPO'). This Airport Overlay Zoning District
concept is codtried as Section 2.2.23., Land Development Code.
B. Notwithstanding any other provision of this Ordinance, there shall be no uses or
structures within that part of Fiddler's Creek owned by developer that conflict with
the height restrictions depicted on Exhibit "FC-G", which portray the applicable
provisions of Part 77, Federal Aviation Regulations, applicable to this other than
utility non-precision instrument approach airport having visibility minimums greater
than 3/4 of a statute mile, or provisions of Section 2.2.23., Land Development Code,
relating to land uses, as it exists on the day of approval of this Ordinance.
C. Developer shall give notice ofthe existence and restrictions of Section 2.12B by
noticing the same, along with Ex~'bit "FC,4", in the restrictive covenants for Fiddler's
Creek and by providing notice thereof in its contracts for the sale of property and
residential units within Fiddles Creek.
2.13 DEED RESTRICTIONS
Some properties within the Fiddlers Creek portion of Unit 30 may be governed by recorded
covenants, conditions or restrictions which will limit types of structures and specify
development standards that are more stringent than those specified in this PUD document.
Words ~ere eddltlonsl words ~;~,~ ;:.;~;~ ere deletions.
SECTION HI
RESIDENTIAL LAND USE DISTRICT
FIDDLER'S CREEK
The purpos~ ofthis Section is to identify permitted uses and development standards for areas
within Fiddler's Creek designated on Exhibit "FC-A" as Residential - "R".
Each residentially designated tract or parcel shall be developed with similar or compatible
structures within that tract or parcel.
3.2 MAXIMUM DWELLING UNITS
A maximum number of 6000 residential dwelling units may be constructed on lands
designated "R",
3.3 GENERAL DESCRIPTION
Areas designated as "R" on the Fiddler's Creek Master Plan are designed to accommodate a
full range of residential dwelling types, compatible non-residential uses, a full range of
recreational facilities, essential services, and customary accessory uses.
The approximate acreage of the "R" district is indicated on the Master Plan. This acreage is
based on conceptual designs and is approximate. Actual acreage of all development tracts
will be provided at the time of Conceptual Site Plan approval or Preliminary Subdivision Plat
approvals. Residential tracts are designed to accommodate internal roadways, open spaces,
parks and amenity areas, lakes and water management facilities, and other similar uses found
in residential areas.
Each residentially designated tract or parcel shall be developed with similar or compatible
structures within that tract or parcel.
3.4 pERMITTED USES AND STRUCTURES
No buildlag or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
(1) Single Family Detached Dwellings.
Word. ~ are additional ~ord= .;.,~ :-; .... ,.~. a=, deletion,. 3 - ]
(2) Single Family Patio and Zero Lot Line Dwellings.
(3) Two-family and Duplex Dwellings.
(4) Single Family Attached and Townhouse Dwellings.
(5) Cjuster Housing
(6) Multi-Family Dwellings including Garden Apartments.
(7) Churches and other places of worship, subject to Collier County staff
administrative approval during Site Development Plan review to address site
location, size, ingress and egress, and buffering requirements, and subject to
the Multi-family Development Standards set forth in Table I.
(8) Model Homes and Sales Centers, as provided in Section 3.6.
(9) Group Care Fadlities (Categories I and IT), and Family Care Facilities only on
Parcels 12, 21, 22 and 23, Exhibit
(10) Any other pdndpal use which is comparable in nature with the foregoing uses
and which the Development Services Director determines to be compatible in
the "R" District.
B, Accessory Uses and Structures:
(1) Accessory uses and structures customarily associated with principal uses
permitted in this district.
(2) Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "R" District.
3.5 DEVELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the "R" Residential
District.
B. Site development standards for categories 1 - 4 uses apply to individual residential lot
boundaries. Category 5 standards apply to platted parcel boundaries.
C. Standards for parking landscaping, signs and other !and uses where such standards
are not specified herein or within adopted Fiddler's Creek design guidelines and
Nordl ] mrs additions,! ~ords ,;,,~ ;.~.;--i.'. are deletions.
standards, are to be in accordance with Collier County Land Development Code in
effect at the time of Site Plan Approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
D. Development standards for uses not specifically set forth in Table I shall be
established during Site Plan approval as set forth in Article 3, Division 3.3. of the
Land Development Code in accordance with those standards of the zoning district
which is most similar to the proposed use.
E. In the case of residential structures with a common architectural theme, required
property development regulations may be reduced provided a site plan is approved
by the Collier County Planning Commission in accordance with Article 2, Division
2.6, Section 2.6.27.4.6 of the Collier County Land Development Code. Common
open space requirements are deemed satisfied pursuant to the Settlement Agreement
and the overall Master Plan.
F. Off-street parking required for multi-family uses shall be accessed by parking aisles
or driveways which are separate from any roads which serve more than one
development. A green space area of not less than ten feet (10') in width as measured
from pavement edge to pavement edge shall separate any parking aisle or driveway
from any abutting road.
G. Single family patio and zero lot line dwellings are identified separately from single
family detached dwellings with conventional side yard requirements to distinguish
these types for the purpose of applying development standards under Table 1. Patio
and zero lot line dwellings shall be defined as any type of detached single family
strumre employing a zero or reduced side yard as set forth herein, and which
conform to the requirements of Collier County Land Development Code Article 2,
Division 2.6, Subsection 2.6.27.
H. Property abutting RSF-3 zoned land shall have a fifty foot (509 minimum setback
from the PUD boundary and a Type "B" buffer as specified in LDC Subsection
2.4.7.4.
I. Parking for pool and recreational areas within residential development tracts shall be
at a minimum of two (2) spaces for each fifty (50) dwelling units.
3.6 MODEL HOMES/SALES CENTERS
Modd homes, sales centers and other uses and structures related to the promotion and sale
of real estate such as, but not limited to pavilions, gazebos, parking areas, tents, and signs
shall be permitted principal uses in this and Sections VI and VII, as those sections relate to
Fiddler's Creel subject to the requirements of Article 2, Division 2.6, Section 2.6.33.4 and
Words ~sre additionst ~ords ,;,,,k ;: .... ,~ are deletions.
Article 3, Division 3.2, Section 3.2.6.3.6 ofthe Collier County Land Development Code.
:).7
The development standards for ACLF units and other permitted GT, oup Care units shall be as
set forth for multi-family dwellings. The mnximum density for ACLF and other types of
elderly careJ~'oup care housing shall be 26 units per l;ross acre.
Ifords ~jJiJJJ~ are additions# t,eords ~;~...~ ;:.;_~,~ are deletLona. 3 - 4
TABLE I
FIDDLER'S CREEK
DEVELOPMENT STANDARDS FOR
'R" RESIDENTIAL AREAS
PERMITFED USES AND SINGLE PATIO & TWO SINGLE MULTI-
STANDARDS FAMILY ZERO LOT FAMILY & FAMILY FAMILY
DETACHED LINE DUPLEX ATTACHED DWELL-
& Townhouse INGS
Category 1 2 .3 .. 4 .5
J[ginimum Lot Area 6500 SF 5000 SF 3500 SF '4 3000 SF 1 AC
Minimum Lot Width '5 ..50 40 35 30 150
Front Yard 25 20 '3 20 '3 20 '3 25
IFGr~t~eYard for Side Entry 15 10 I 0 I 0 15
Side Yard 7.5 '6 0 or 7.5 0 or .5 BH .5 BH
Rear Yard Principal 20 l 0 20 20 BH
Rear Yard Accessor~ I 0 5 I 0 I 0 15 /
R'~Y~dSpecial *1 10 5 10 10 .5 BH
~Bldg. Height '2 35 35 35 35 100'7
Distance Between Princl pal 15 ! 0 0 or 15 .5 SBH .5 SBH !
Structures . .
Roor ,Area Min. (S.F.) 1500 SF ..... 1250 SF 1400. SF 1200 S.F . 1000 SF.
BH: Building Height
SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback
requirements.
All distances are in feet unless othenvise noted.
* 1: With approval from Fiddlers Creek Design Review Committee, rear yards for principal structures on lots which
abut golf course, lake, open space, or reserve areas. Setback from lake for all principal and accessory uses may
be 0' providing architectural bank treatment is incorporated into design and subject to written approval from Project
Plan Review.
With approval from Fiddler's Creek Design Review Committee, front yards shall be measured as follows:
~ffthe parcel is served by a private road, setback is measured from the back of aub Of curbed) or edge of pavement
(if not cta'bed).
Words ~sre additions; vords =t,,~ ~:.,~:; sre deletions. 3 ' 5
*2: Building height shall be the vertical distance measured from the first habitable finished floor elevation to the
uppermost finished ceiling elevation of the structure.
*3: Single fnmily dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest
parking other than in private driveways may reduce the front yard requirement to five feet (57 for the garage and
fit~een feet (15') for the remaining structures.
*4: Each halrora duplex unit requires a lot area allocation or3,500 S.F. for a total minimum lot area or7,000 S.F.
*5: lVfminmm lot width may be reduced by fifty percent (SCP/~) for cul-de-sac or curved frontage lots provided minimum
lot area requirement is still maintained, and minimum lot widths are obtained at front of the buildable area when
setbacks arc applied.
~ Zero feet (0') or a minimum of five feet (5') on either side except that where the zero foot (0') yard option is
utilized, the opposite side of the structure shall have a ten foot (10') yard, or a minimum of ten feet (10') of
separation between structures shall be maintained at all points.
*7: Maximum height of structures shall be ten (i O) stories or one-hundred feet (100'), whichever is greater.
*8: Structures~ver~~ur~4)st~riesand~fb/fe~t(5~')inhei~htsha~~besetbackaminimum~~thebui~dingheightfrom
(a) PUD boundaries, except where the boundary is abutting state owned conservation land, or where the PUD abuts
rural designated land; and (b) where the abutting land use (on a separate tract) is a single family, attached or
detached, dwelling unit.
Words ~ are additions# vords ,~,,~; ;L,,,~ ate deletions.
SECTION IV
MULTI-FAMILY RESIDENTIAL DEVELOPMENT
MAP DESIGNATION 'MF"
UNIT 24, BARFIELD BAY MF, JOHN STEVENS CREEK
AND HORR'S ISLAND DEVELOPMENT AREAS
PURPOSE
The purpose of this Section is to indicate the development plan !and regulations for the areas
designated on Bxhibit "A" as Low Density Multi-Family Residential - Map Designation "MF".
Detailed architectural site plans will be developed when appropriate and must be approved
by the proper County agencies as in conformance with the Final Development Plan and the
PUD document prior to the issuance of any construction permit.
4.2
A maximum number of multi-family dwelling units may be constructed.
Unit 24 2,544
Barfield Bay MF 314
John Stevens Creek 72
Horr's Island 300
Isle of Capri 0
Goodland Marina
Total Multi-Family Units 3,230
4.3
No building or structxa'e, or part thereof; shall be erected, or altered, or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
( 1 ) Multi-family dwellings.
(2) Group housing, patio housing and cjuster housing.
~, ?" (3) Townhouses.
B. Permitted Accessory Uses and Structures:
,~ (1) Customary accessory uses and rductures.
(2) Model homes as permitted by the Land Development Code in efrec~ at the
time a permit is requeued.
C. Protu'bited Uses and Structures: Any use or structure specific. ally permitted hertin is
pro~bited.
4.4
A. Minimum Lot Area: one (I) acre.
B. Minimum Lot Width: 150 feet.
C. Minimum Yard Requirements:
(1) Buildings up to and including forty (40) feet in height:
(a) Front - Thirty-Five (35) feet.
Co) Side - Twenty-Five (25) feet.
(c) Rear - Thirty-Five (35) feet.
(2) Buildings Over forty (40) feet in bright:
(a) Fifty-five (55) percent of the building bright.
(3) Lots ~ Scr, Jement Agrunuent Developrne~ Line - Thirty-five (35) feet.
However in John Stcvens Creek, Horr's Island and Bar~eld Bay Multi-farrdly
Areas the setback may be altered u determined by EAB or the County
Envlronmentalist to protec~ or e~ancs rare, unique or endangered vegetation.
D. Maximum Height of Structures: Ten (10) s~odes or one-hundred (100) feet
whichever is greater.
E. Maximum Density: Net site densities for each development area as follows:
Unit 24 - 19 DU/AC
ISozds ~
Key Marco - I 0 DU/AC
Barfield Bay - 16 DU/AC
John Stevens Creek - 10 DU/AC
F. Distance Between Structures: Between any two (2) principal structures on the same
parcel there shall be provided a distance equal to one-half (~/t) the sum of their
heights.
G. Minimum Floor Area: 750 square feet.
H. In the case of group housing. patio housing or cjustered housing with a common
architectural theme the minimum lot area, lot width and/or yard requirements may be
less provided that a site plan is approved in accordance with Section 2.6.
As permitted or required by the Land Development Code in effect at the time a permit is
requested.
4.6 ~
As required by the Land Development Code in effect at the time a permit is requested except
that the Development Services Direaor may permit a lesser number of parking spaces to be
paved when circumstances indicate infrequent use and the need to preserve rare, unique or
endangered vegetation as determined by the County Environmentalist.
4.7 ~
As required by the Land Development Code in effect at the time a permit is requested.
SECTION V
RESERVE DISTRICT
FIDDLER'S CREEK
5.1~
The purpose ofthis Section is to identify permitted uses and development standards for areas
within Fiddler's Creek designated on the Master Plan, as Reserve.
5.2 GENERAL DESCRIPTION
Areas designated as Reserve on the Master Plan arc designed to accommodate a full range
ofconscrvation and limited water management uses and functions. The primary purpose of
the Rese~e district is to re~ain viable naturally functioning systems, to allow for restoration
and enhancement of impacted or degraded systems, to provide a buffer between the Fiddler's
Creek development and the adjoining state owned lands, and to provide an open space
amenity for the enjoyment of Fiddler's Creek residents.
5.3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered, or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Pdncipal Uses and Structures:
(1) Passive recreational areas, boardwalks, including recreational shelters and
restrooms.
(2) Biking, hiking, and nature trails (excluding asphalt paved trails in wetlands).
(3) Non-gasoline powered boating trails.
(4) Water management facilities, structures and lakes, including lakes with
bulkheads or other architectural treatments.
(5) Roadway crorsings and utility crossings as designated on the Master Plan.
(6) ~ activities reasonably necessary to effectuate tl~ Fiddler's Creek Wildlife
Habitat Enhancement and Management Plan adopted as mitigation for the
United States Corps of Engineers Dredge and Fill Permit No. 78B-0683, as
amended.
(7) Any other conservation and related open space activity or use which is
comparable in nature with the foregoing uses and which the Development
Services Director determines to be compatible in the Reserve District.
5.4 ~
k W~ ~d~es Cr~ ~ ~ ~tion of~ ~ ~!
m~ s~l mback a ~n~um of five fm (5~ from R~e di~ bound~es
~d r~ ~ for ~ ~~ ~ ~ mgm~t mmres. w~ch
~ge ot~d prezwes in ~1 pla~ ~d av~a~ng ~-five t~t (25~ from the
I~dw~d ~ge of w~l~ds.
B. Lighting ~cilities shill be ~g~ in a ~ ~ch ~11 prot~ road~ys ud
r~id~tifl properties ~om dir~ ~e or u~~le
Words ~ are :ddttions# t~orde ~t,',,~ ;:,.;,~ are cleletton:, ~ '~
C. Maximum height of structures - Twenty-five feet (25').
D. Minimum distance between principal structures - Ten feet (I0').
E. Minimum distance between accessory structures - Five feet (5').
F. Minimum floor area - None required.
G. Minimum lot or parcel area - None required.
H. Standards for parking landscaping signs and other !and uses where such standards
are not specified herein or within adopted Fiddler's Creek Design Guidelines and
Standards, are to be in accordance with the Collier County Land Development Code
in effect, at the time of Site Plan approval. Unless otherwise indicated, required yards,
heights, and floor area standards apply to principal structures.
5.5 ILESERVE DISTRICT CONSERVATION EASEMENT
A non-exclusive conservation easement will be established pursuant to the Fiddler's Creek
Wildlife Habitat Enhancement and Management Plan and Collier County Land Development
Code Section 3.2.8.4.7.3, to the extent such section does not conflict with said Management
SECTION VI
BUSINESS (MAP DESIGNATION "BUSINESS)
UNIT 30, UNIT 2,1, AND JOHNS STEVENS CREEK
DEVELOPMENT AREAS
The purpose of this Section is to indicate the development plan land regulations for the areas
designated on Exhibit "A" as Business.
6.2 USES AND STRUCTURES
No building or structure, or pan thereof, shall be erected, altered or used, or !and or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures:
(1) Antique shops; appliance stores; art studios; art supply shops; automobile
pros stores; automobile service stations without repairs; and awning shops.
(2) Bakery shops; bait and tackle shops; banks and ~nandal institutions; barber
and beauty shops; bath supply stores; bicycle sales and services; blueprim
shops; bookbinders; book stores; and business machine services.
(3) Carpet and floor covering sales - which may include storage and installation;
churches and other places of worship; dothing stores; cocktail lounges;
corninertial re~'reation uses - indoor; commercial schools; confectionery and
candy stores.
(4) De,/icatessens; department stores; drug stores; dry cleaning shops; dry goods
stores; and drapery shops.
(5) Electrical supply stores; equipment rentals including lawn mowers and power
· saws.
(6) Fish market - retail only; florist shops; fi'aternal and social dubs; funeral
homes; furniture stores; and furrier shops.
(7) Garden supply stores - outside display in side and rear yards; glR shops; glass
and mirror sales -including storage and installation; and gourmet shops.
(8) Hardware stores; hat cleaning and blocking; health food stores; homes for the
aged; hospitals and hospices.
(9) Ice cream stores.
(10) lewelry stores.
(1 I) Laundries - selfser~ce only; leather goods; legitimate theaters; liquor stores;
and locksmiths.
(12) Markets - food; markets - meat, medical offices and clinics; millinery shops;
motion picture theaters; museums; and music stores.
(13) Office - general; and office supply stores.
(14) Paint and wallpaper stores; pet shops; pet supply shops; photographic
equipment stores; pottery stores; printing; publishing and mimeograph service
shops; private clubs; and pwfessional offices.
(15) Radio and talevision sales and services; research and design labs; rest homes;
restaurants -including drive-in or fast food restaurants.
(16) Shoe repair, shoe stores; shopping centers; souvenir stores; stationery stores;
supermarkets and sanitoriums.
(17) Tailor shops; file sales - ceramic files; tobacco shops; toy shops; and tropical
fish stores.
(18) Upholstery shops.
(19) Variety stores; veterinarian offices and clinics -no outside kennels.
(20) Watch and precision instrument repair shops.
(2 1 ) Car wash.
(22) Any other commercial use or professional service which is comparable in
nature with the foregoing uses and which the Development Services Director
determines to be compatible in the district.
(23) Group Care Facilities (Category I and II); Care Units; Family Care Units;
Adult Congregate Living Facilities in Fiddlees Creek only, subject to Section
6.9 hereof'.
Needs ][lilJ~ mr® additions/vords =;.,,~ ;: .... ~:, ate deisttons. 6 - 2
B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily
associated with the uses permitted in this district.
C. Prohibited Uses and Structures: Any use or structure not specifically allowed by
reasonable implication permitted herein is prohibited.
6.3 DEVELOPMENT STANDAP, DS
=~ A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred (100) Feet.
C. Minimum Yard Requirements:
(I) Front yard - Twenty-five (25) Feet.
(2) Side yard - l~lone, or a minimum of'five (5) Feet unobstructed passage From
Front to rear yard.
(3) Rear yard - Twenty-five (25) Feet.
D. Maximum Height: Forty (40) feet.
E. Minimum Floor Area oF Structures: One thousand (1,000) square Feet per building
on the ground floor.
F. Distance Between Structures: Same as For side yard setback.
6°4 SIGNS
As permit'ted or required by the Land Development Code in effect at the time the permit is
required.
6.5 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REOUrt~ME]~S
As required by the Land Development Code in effect at the time a permit is requested.
6.6 2~ERCHANDISE STORAGE AND DISPLAY
Unless specifically permitted for a given use, outside storage or display ot~ merchandise is
prohibited.
6.7 MIN]MI_IM LA]~DSC~E REOUIP, EME]'~'TS
Notd~ ~ arm addle. tons# wordm ,~.l~, ;.: .... ,~.~. arm dmxml;Xons. 6 - 3
As required by the Land Development Code in effect at the time a permit is requested.
6.8 FIDDLER'5 CREEK BUSINESS INTENSITy
A maximum of 33.6 acres and a maximum of 325,000 square feet of gross floor area shall be
used for the purposes set forth in Section VI in the Fiddler's Creek development.
6.9 FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR ACLF
Fiddler's Creek Development Standards for Adult Congregate Living Facilities (ACLF)
Development Standards for use 23 as set forth in Section 6.2A hereof shall be as set forth in
Section 3 with regard to multi-family dwelling development and not as set forth in Section
6.3 hereof. The limitations of Section 3.7 shall also apply. For every acre of Business
designated property dedicated to ACLF or other group care use; the allowed square footage
will be reduced by 10,000 square feet.
NotdE ~ ate acldJttonm# uotdz ~;.,,:, ;: .... ~:, are cteletlonm. 6 - 4
SECTION VIA
ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA
6A.I PURPOSE
The purpose of this Section is to indicate the development plan and regulations for the Isle
of Capri business area in rdafion to the uses and structures. No building or structure or part thereof
shall be erected, altered cr used or land or water used in whole or in part for other than the following:
A. Permitted Principal Uses and Structures:
(1) One 150 room hotel/motel. Maximum four stories in height.
(2) Restaurants - not including fast food or drive-in restaurants provided
however, there shall be no prohibition of a drive-in as an accesson/to a full
service restaurant (see Section 8. ! 1 of the Zoning Ordinance 82-2).
B. Permitted Accessory Uses and Structures: Accessory uses and structures customafily
associated with the uses permitted in this district.
C. Prohibited Uses and Structures: Any use or structure not specifically allowed by
reasonable implication permitted herein is prohibited.
6A.2 DEVELOPMENT STANDARDS
A. Minimum Lot Area: Ten thousand (10,000) square feet.
B. Minimum Lot Width: One hundred (100) feet.
C. Minimum Yard Requirements:
(I) Setback from S.R. 951 and the Isle of Capri Road -Fifty (50) feet.
(2) Setback from perimeter development line - Ten (I0) feet.
(3) Setbacks from fractionalized tracts, if any -Twenty-five (25) feet.
D. Maximum Height - Four (4) stories.
E. Nfmimum floor area of structures - One thousand (1,000) square feet per building on
the ground floor.
F. Distance between structures on the same development tra~ - Twenty (20) feet.
6A.3 SIGNS
As permitted or required by the Land Development Code in effect at the time a permit is
required.
6A.4 MINIMUM OFF-STREEt PARKING AND OFF-STREET LOADING REOUIREMENT S
As required by the Land Development Code in effect at the time a permit is requested.
6A. 5 MERCHANDISE STORAGE
Unless specifically permitted for a given use, outside storage or display of merchandise is
prohibited.
6A.6 MINIMUM LANDSCAPE REOUIREMENTS
As required by the Land Development Code in effect at the time a permit is requested.
6A.7 UTILITY SITE BUFFERING
The utility site in the northwest comer of this tract shall be buffered in accordance with
Section 8.37 of the Zoning Ordinance 82-2. This buffering shall be placed on all sides of the
utility site, with the exception of the northern edge, where the preserve area will act as a
buffer.
Ilordl ~ sre additions! words ,;,,,:, ;: .... ~,~, :re deletions. ~ A - 2
SECTION VIB
ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA
STIPULATIONS AND COMMITMENTS
6B.I ~
The purpose of this Section is to indicate the stipulations and commitments which were placed
upon this particular tract as a result of the 1988 P.U.D. amendment procedure. The stipulations and
camnitmmta contained in ~ Section are in addition to those contained in Sections 11 and 12 of this
documem. Where two or more stipulations or commitments are contained in this document, the more
restrictive stipulation or commitment shall apply.
6B.2 ENVIRONMENTAL CONSIDERATIONS
A. Petitioner shall be subject to Ordinance 75-21 (or the tree/vegetation removal
ordinance in existence at the time of permitting), requiting the acquisition of a tree
removal permit prior to any land clearing. A site clearing plan shall be submitted to
the Natural Resources Management Department and the Community Development
Division for their review and approval prior to any substantial work ofthe site. This
plan may be submitted in phas~ to coinride with the development schedule. The site
clearing plan shall dearly depict how the final site layout incorporates retained native
vegetation to the maximum extent poss~le and how roads, buildings, lakes, parking
lots, and other facilities have been oriented to accommodate this goal.
B. Native epecies shall be utilized, where available, to the maximum extent possible in
the site landscaping design. A landscaping plan will be submitted to the Natural
Resources Management Department and the Community Development Division for
their review and approval. This plan will depict the incorporation of native species
and their mix with other spedes, if any. The goal of site landscaping shall be the re-
creation of native vegetation and habitant characteristics lost on the site during
construction or due to past activities.
C. All exotic plants as defined in the County Code 8hall be removed during each phase
of construction from development areas, open spac~ arm, and preserve areas.
Following site development a maintenan~ program shall b~ implemented to prevent
reinvasion of the site by such exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with and approved by the Natural
Resources Management Department and the Community Development Division.
D. If during the course of site clearing, excavation, or other constructional activities, and
archaeological or historical site, artifact, or other indicator is discovered, all
':' development at that location shall be immediately stopped and the Natural Resources
Management Department notified. Development will be suspended for a sufficient
length of time to enable the Natural Resources Management Department or a
designated consultant to assess the find and determine the proper course of action in
regard to its salvageability. The Natural Resources Management Department will
respond to any such notification in a timely and efficient manner so as to provide only
a minimal interruption to any constructional activities.
E. The petitioner shall submit project designs that will minimize the destruction of native
habitats. The investigation of possible habitat saving designs should include, but not
be limited to: 1) increasing the number of stories of the proposed hotel to reduce the
mount of area necessary to the building (presumable the number of hotel units will
remain the same; 2) reducing the amount of parking area, and 3) modifying drainage
plans. ,
F. Certain native plant species that must be removed to accommodate structures shall
be, where feasible, transplanted to suitable habitat areas within the project. These
plants shall include, but not be limited to tillandsioid epiphytes and epiphytic members
of the family Orchidaciai, and the species that are listed in the edition of the Florida
Game and Fresh Water Fish Commission's publication nOffiCial LiSts of Endangered
and Potentially Endangered Fauna and Flora in Florida" that is current at the time of
!and clearing. The petitioner is specifically encouraged to preserve and/or transplant
into compatible habitats large oak trees that contain protected epiphytes, and native
hammock communities.
G. Final alignment and configurations ofwater management structures shall be subject
to minor field adjustments to minimize habitat destruction. Prior to construction,
areas subject to alterations must be flagged by the petitioner; the
alignment/configurations shall be subject to the review and approval of the Natural
Resources Management Department.
H. All preserve areas as designated on the Master Plan must be flagged by the petitioner
prior to any construction in the abutting area, and habitat preserve boundaries will be
subject to the review and approval of the Natural Resources Management
Department.
I. Any proposed construction of docking facilities and/or related structures shall be
subject to the review and approval of the NRMD and EAC as part of the review
process with all concerned regulatory agencies.
J. All the Stipulations ofthe original Marco Shores PUD shall be included.
K. All mangrove trimming shall be subject to review and approval by the NRMD. The
Ifords Jflltlei~lt~are additional ~ords ~"rede'~trre~Zh are deletions. 6B- 2
goal ofany approved trimming shall be to maintain the biological. ecological integrity
of the mangrove system.
L. The final Water Management Plan shall be designed so that the water inputs into the
authentic Florida water and the aquative preserve shall be kept to an absolute
minimum, and the need for testing will be considered at the time the Preliminary
Drainage Plan is subwitted.
6B.3 WATER MANAGEMENT CONSIDERATIONS
A. DC,~iled site drainage plans shall be submitted to the County Engineer for review. No
construction permits shall be issued unless and until approval of the proposed
construction in accordance with the submitted plans is granted by the County
Engineer.
B. Water management criteria and design shall be in accordance with the so-called
"Settlement Agreement" between Deltona Corporation and the State of Florida.
C. Petitioner shall provide written authorization from Lee County Electric Cooperative,
Inc. to use the powerline easement for drainage retention purposes.
D. No building permits will be issued until the petitioner can demonstrate that an
adequate water supply is available to this project, either from the County or from the
Deltona Corporation while maintaining acceptable water service to the Isles of Capri.
6B.4 TRAFFIC
A. Construction of the hotel and restaurant may not commence until S.R. 951 is four
laned.
B. Site development work will be allowed provided that the petitioner agrees to any
traffic operation measures required by the County Engineer.
6B.5 LEI]I,LTIF~
A. All utilities stipulations contained in County Ordinance No. 84-42 for Petition R-84-
7C shall not be amended or modified by the Ordinance approving PDA-87-1C.
B. In the Purpose of Requested PUD Modification, Impact of the Development, Utilities
Expltnation, the statement is made that potable water for the Isles of Capfi
development area is proposed to be provided by the County (County Water-Sewer
District). No guarantee of commitment can be made by the District that potable water
will be available to serve the proposed uses in the development area until:
Rords ~ are sddltlonsl words ,-~,~;, ~: .... ~,% srs dslstlons. 6 B -3
(I) Water of adequate volume and pressure is determined to be available to the
project site.
(2) Construezion documents for the proposed project are submitted and approved
by the Utilities Division.
(3) All necessary County and State construeZion permits are obtained.
(4) An application for water service is approved by the Utilities Division.
(5) All system development and connection charges and fees are paid.
C. The development ofthis site shall be in compliance with the stipulations contained in
the Utilities memorandum dated January 9, 1987.
6B.6 ]~[Cal]~,3a]~
A. The Master Site Plan shows parking and retention areas within the Lee County
Electric easemen. Prior to cortslmction of any facilities within this easement, written
permission from Lee County Electric shall be obtained.
B. The original PUD stated that this site could be developed until the completion of S.R.
951, this site should not be developed until S.tL 951 is four laned as originally
stipulated.
C. Any access off Isles of Capri Road shall be in accordance with Ordinance 82-91
including left and fight turn lanes ifrequired by said Ordinance.
6B.7 LETTER OF COMMITMENT
Exhibit "E" (attached) is a letter dated May 5, 1988; from Robert B. Leebet, President of
R&L Developmeat of Marco, Inc. to William Harticy, President of the Isles of Capri Civic
Association, committing not to do site clearing or filling prior to the completion ofthe four-
!artinS of S.IL 951.
SECTION VH
GOLF COURSE AND CLUB CENTER
FIDDLER'S CREEK DEVELOPMENT AREA
7.1 ~
The purpose ofthis Section is to indicate the development plan land regulations for the areas
designated on Exhibit "A" as Golf Course and Club Center.
7.2 PERMITTED USES AND STRUCTURES
A. Permitted Principal Uses and Structures:
(I) Golf courses and golf club facilities, including temporary golf clubhouses.
(2) Tennis clubs, health spas, and other recreational clubs.
(3) Project information and sales centers.
(4) Community Center facilities, including multiple use buildings for the
communi,'y, active and passive indoor and outdoor recreational facilities, and
boat launching and storage areas.
(5) Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds, water
and wastewater treatment facilities, utilities pumping facilities and pump
buildings, utility and maintenance staff offices.
(6) Open space and recreational uses and structures.
(7) Pro shop, practice driving range and other customary accessory uses of golf
courses, or other permitted recreational facilities.
(8) Small commercial establishments customarily associated with the principal
uses or community center, including gift shops, postal services, barber and
beauty shops, ice cream parlor, dry cleaning store (pick-up and delivery only),
golf and tennis equipment sales, restaurants, cocktail lounges, and similar
uses, intended to exclusively serve patrons of the golf club, termis center,
community center, or other permitted recreational facilities.
(9) Shufi]eboard courts, tennis courts, swimming pools, and other types of
WordJI ~ ere addition/# rotall ..;;.;:; ;:,;v,V:. are deletions. 7 -
facilities intended for outdoor recreation.
(10) Signs as permitted by the Land Development Code in effect at the time a
permit is requested.
(11) Golf cart barns, restrooms, shelters, snack bars, and golf maintenance yards.
e (12) Pan time day care facilities.
(13) Any other principal use which is compatible in nature with the foregoing uses
and which is determined to be compatible with this district by the
Development Services Director.
7.3 DEVELOPIV[ENT STANDARDS
A. Principal structures shall be setback a minimum of twenty feet (20') from district
boundaries and roads, and fifty feet (50') from all residential tracts.
B. Accessory structures shall be setback a minimum of ten feet (10') from district
boundaries and roads, and twenty feet (20') from residential tracts.
C. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct 81are or unreasonable interference.
D. Maximum height of structures - Fifty feet (50').
E. Minimum distance between principal or accessory structures which are a pan of an
architecturally unified grouping - Ten feet (10').
F. Minimum distance between all other principal structures -Twenty feet (20').
G. Minimum distance between all other accessory structures -Ten feet (10~.
H. Minimum floor area - None required.
I. Minimum lot or parcel area - None required.
J. Standards for parking, landscaping, signs and other land uses where such standards
are not spedfled herein or within adopted Fiddler's Creek design guidelines and
standards, are to be in accordance with Collier County Land Development Code in
effect at the time of Site Development Plan Approval. Unless otherwise indicated,
required yards, heights, and floor area standards apply to principal structures.
lords ~ are Idditlons~ words ~ are deletions. 7 - 2
SECTION VIII
PARKS (MAP DESIGNATION "PARK")
UNIT 30, UNIT 24, BARFIELD BAY MFTi ~
HORR'S ISLAND ~ ~
DEVELOPMENT AREAS
8.! PURPOSE
The purpose of this Seaion is to indicate the development plan land regulations for the areas
designated on Exhibit "A" as Parks.
8.2 USES AND STRUCTURES
No building or structure or pan thereof, shall be erected, altered, or used, or land used, in
whole or in part for other than the following:
A. Permitted Principal Uses and Structures:
(1) Parks and playgrounds.
(2) Biking, hiking, and nature trails.
(3) Nature preserves and wildlife sanctuaries.
(4) Any other open space activity which is comparable in nature with the
foregoing uses and which the Development Services Director determines to
be compatible in the district.
B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily
associated with the principal uses. '
(1) Customary accessory uses of recreational facilities.
8.3 DEVELOPMENT STANDARDS
A. Minimum Lot Area: 2% acres.
B. Minimum Lot Width: 150 feet.
C. Ynrd Requirements for Structures:
(1) Front Yard: Fifty feet (507.
(2) Side Yard: Thirty feet (303.
(3) Rear Yard: Fifty feet (50%
D. Maximum Height of Structures: Thirty-five feet (353.
E. There shall be no minimum acreage or lot width for parks within Fiddler's Creek, so
that Sections 8.3A and 8.3B are not applicable to Fiddler's Creek. Within Fiddler's
Creek, 8.3C shall apply only where property llne abuts residential property or external
PUD boundaries. In addition, there shall be a Zero (0') feet setback required from
waterbodies for such structures.
..".'~.':.~ ~, .
SECTION IX
"UTILITY" "ELECTRIC"
UNIT 30, UNIT 24 DEVELOPMENT AREAS
The purpose of this Section is to indicate the development plan land regulations for the areas
designated on Exhibit "A" as "Utility" "Electric".
9.2 ~SSENTIAL SERVICES
Essential services are hereby defined as services designed and operated to provide water,
sewer, gas, telephone, electricity, cable television or communications to the general public by
providers which have been approved and authorized according to laws having appropriate
jurisdiction. Permitted uses would include potable and irrigation water lines, sewer lines, gas
lines, telephone lines, cable television, electric transmission and distribution lines, substations,
lif~ stations, pump stations, utility plants and similar installations necessary for the
pe,"formance ofthese services.
Essential services shall not be deemed to include the erection of structures for commercial
activities such as sales or the collection of bills.
The utility site in the southeastern corner of Unit 30 development shall be used as a utility
plant site for sewer or water system utilities and/or distribution and storage facilities for
treated effluent.
The utility site in Unit 24 shall be used as a site for a potable water treatment plant. Storage
and supply facilities related to gas utility systems and a site for a~y minor transmission related
pumping stations and such for any essential utilities.
Words ~ ere additionsl -ords ,;;..~ ;:;,.,~:. ere deletions.
~'..
SECTION X
~ MARINA
· GOODLAND MARINA DEVELOPMENT AREA
10.1
The purpose of this Section is to indicate the development plan land regulations for the
Goodland Marina Development Area.
10.2 USES AND STRUCTURES
No building or part thereof shall be .: 'ected, altered or used or !and used in whole or in part
for other than the following:
A. Permitted Principal Uses and Structures:
(I) Boat docking facilities.
(2) Facilities necessary for and associated with trailer launched recreational
boating.
(3) Dry boat storage areas and structures.
(4) Structures to provide for the following facilities: attendant's office, attendant's
living quarters, bait and tackle shop, and maintenance facilities.
(5) Any other open spac~ activity which is comparable in nature with the
foregoing and which the Development Services Director determines to be
compatible in the district.
B. Permitted Accessory Uses and Structures:
Accessory uses and structures customarily associated with the principal uses.
(1) Customaxy accessory uses of marina and recreational facilities·
10. :3DEVELOPMENT STAND ARD S
A. Minimum Lot Area: Goodland Marina area to be operated as one entity and not to
be subdivided.
Words [ are additionel k~rds ~;;.~ ;:.-~v:. are deletions. 10 - I
B. Minimum Lot Width: Not applicable.
C. Yard Requirements for Structures:
(1) Setback from east property line: Forty (40) feet.
(2) Setback from other property lines: Zero (0).
D. Maximum Height of Structures: Thirty-five (35) feet.
10.4 FLOOD ELEVATION REOUIREMENTS
Flood elevation requirements in order to comply with the minimum flood elevation
requirements, the maximum height of a structure shall be measured from the minimum base
flood elevation required by the flood damage protection ordinance.
10.5 ~
As permitted or required by the Land Development Code in effect at the time a permit is
requested.
10.6 1V~NIb4UM OFF-STREET PARKING REO_UIREMENT S
As required by the Land Development Code in effect at the time a permit is requested.
10.7 MINIMUM LANDSCAPE REOUIREMENTS
As required by the Land Development Code in effect at the time a permit is requested.
Words ~ are iddltionsl vord: ;;;,;~ ;;...,~ are deletions. 10 '2
SECTION XI
DEVELOPMENT STANDARDS
11.1 PURPOSE
The purpose of this Section is to set forth the standards for the development of the project.
11,2 ~
The facilities shall be constructed in accordance with the final development plan and all
applicable state and local laws, codes and requirements. Except where specifically noted or
stated herein, the standards and specifications of the current official County Subdivision
Regulations shall apply to this project.
A. Exhibit "A", Master Plan, iljustrates the proposed development.
B. The design criteria and design iljustrated on Exhibit "A" and stated herein shall be
understood as flexible so that the final development may best satisfy the project, the
neighborhood and general local environment. Minor site alterations may be permitted
subject to planning staff and administrative approval.
C. All necessary easements, dedications, or other instruments shall be granted to insure
the continued operation and maintenance of all service utilities and all areas in the
project.
D. To protect the integrity of the multi-family residential neighborhood, internal roads
within the multi-family development tracts will be private. All other roads as shown
on the Exhibit "A" development plans of Unit 24 and John Stevens Creek will be
public. It is intended that the major road system within Fiddler's Creek will be
developed and maintained by the Fiddler's Creek Community Development District.
Developer may, at its option, develop any roadway within Fid~ller's Creek as a private
road. Those portions of the roads depicted on the development plan of Barfield Bay
Multi-family and Horr's Island that lie within the security entrance adjacent to S.R.
951 shall be private roads. The other roads in the Barfield Bay Multi-family area will
be public roads.
11.4 EKQ,W,,.C:LD~VELOPMENT AND RECREATION FACILITIES
The proposed development is iljustrated in Exhibit "A" and "FC-A" (for Fiddler's Creek). The
proposed construction shall comply with all standards set forth and the resulting complete
~ are sddltlons~ ~ords st-t-~4P~h~/h sre deist:Ions. I I - I
project sha]l adequately serve its occupants and members and will not cause a general public
problem. Such measures as the construction or streets, screens, signs, landscaping, erosion
control and other si~!aNn-runction facilities shall be taken to accomplish the above set forth
objectives.
Recreation facilities shown on Exhibit "A" and "FC-A" (for Fiddler's Creek) development plan
shall be provided and completed in timing with the adjacent residential units. The northern
golfcourse in Fiddlees Creek has been constructed by a resort hotel corporation. This course
will be primarily for the recreational use oftheir guests. Secondarily, residents of the Fiddlees
Creek a~ea will have access to tl'js course on an as space is available basis, and the public may
have access on a similar basis. The southern and eastern golf courses in Fiddler's Creek shall
be constructed when feasible to serve the surrounding l'esidential units. The southern and
eastern golf courses and community center (including tennis facilities) shall be privately
owned facilities and constructed on the designated site in conformance w~th the development
needs of the project.
Neighborhood parks, bicycle paths, and other community recreation facilities shall be
constructed and completed in confonnance with the general development schedule of the
project.
Those facilities scheduled for donation to the County as part of the development plan are
community facility sites, school sites, neighborhood park sites. Those facilities within
Fiddler's Creek scheduled for donation to the County are two community facility sites.
Neighborhood park sites within Fiddler's Creek will be dedicated to the homeowners
association or the Community Development District upon their completion in con_rormance
with the developers progressive development schedule of the project. A community facility
site will be dedicated to the East Naples Fire Control District in Unit 27. In Fiddler's Creek,
a ske w~! be dedicated for a library and another site will be dedicated for fire station, EMS,
and other pubfiG purposes. Deltona previously dedicated school sites w~th~n Fiddler's Creek
to the Collier County School Board. Subsequently, the Collier County School Board has
agreed to trade at least two of said sites to the developer for other needed sites in Collier
County. The community fatlilt), sites in Fiddler's Creek will be dedicated to the County upon
request. '
11.5 CLE,a2JNG; GP~I:)[NG~ EA_Tt. TH~OP,~. AND SITE DR.A]NAGE
All clea~g, grading em'thwork and site d~nage work shall be performed in accordance with
the applicable state and local codes as modified in this document and by the Fill Agreement
dated April 4, 1995, between Collier County and the Developer.
The Setdemerit Agreement and the conceptual drainage plans submitted ~th this application
along with the recommendations of the various review comn'~ttees will be used as a guide to
Horda ~ ate additions# votda ,~,,~ ;: .... ,~ ere deletions. ~ I -2
the final development of the drainage and road systems within the various development areas.
Pursuant to the Agreement between the Developer and Collier County dated April 4, 1995,
land clearing, excavation, and filling may occur within Fiddler's Creek prior to platting, site
development plan approval, or building permit issuance.
iS w..ot ver by the Settleme.t Agreement or the
Fill Agreen~t. ~ ~~~.~. shall be governed by the provisions
of the Land Development Code, except as modified herein, without referenc~ to the
Settlement Agreement or l:ill Agreement.
11.6 STREET CONSTRUCTION
All public street design and construction shall meet the Collier County standards that are in
effect at the time ofthe approval of this ordinance, except as otherwise specified herein with
regard to Fiddler's Creek. Certain streets have been proposed for development in Fiddler's
Creek which will be constructed pursuant to fight-of-way cross-section depicted on Exhibit
"FC-F". The drainage system for these streets will be subject to the approval of the County
Engineering Department in conformance with the conc.~tual drainage plans and provision and
requirements of other sections of this document.
11 .? I~.ASEIVIENTS FOR UNDERGROUND UTILITIES
Easements for underground utilities such as power, telephone, cable television, wastewater
collection and transport, water distribution lines and other similar utilities necessary for the
service of the project shall be located as required and granted for those purposes. Clearing
of the ease~nents for installation of underground utilities shall be selective so as to protect the
maximum number of trees and natural vegetation.
11.8 WASTEWATER COLLECTION: TRANSPORT AND DISPOSAL
See 12.4 of Section XII.
11.9 WATER SYSTEM '
See 12.4 ofSection XII.
I 1.10 SOLID WASTE DISPOSAL
Arrangments and agreements shall be made with the approved solid waste disposal service
to provide For solid waste collection service to all areas of the project.
11.11 OTHi~R UTILITIES
~lordl ~ are add~t/ons~ ~ords ~ are deletions. I I ' 3
Telephone, power, and cable television service shall be made available to all residential areas.
Such utility lines shah be installed underground with the exception of the primary electric
service as described in I 1.7 above.
11.12 TRAFFIC SIGNAL
See 12.6 of Section XII.
I 1.13 FLOOD ELEVATION REQUIREMENTS
In order to comply with the minimum flood elevation requirements, the maximum height of
a structure shall be measured from the minimum base flood elevation required by The Collier
County Building Construction Administrative Code.
I 1.14 ARCHITECTURAL REVIEW
All buildings constructed within the development areas must comply with the architectural
review standards which shall be specified by the recorded covenants, deed restrictions and
development documents.
All signs shall be in accordance with the appropriate Collier County Ordinances, except as set
forth for Fiddler's Creek in Section l 1.22 hereof.
11.16 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance wi~ the appropriate Collier
County Ordinances.
11.17 WATER MANAGEMENT
Detailed site drainage plans shall be submitted to the County Engineer for review. No
construction permits shall be issued unless and until approval ofthb proposed construction
in accordance with the submitted plans is granted by the County Engineer, except to the
extent permitted by the Ffil Agreement described in Section 11.5 hereof.
A. FIDDLER'S CREEK SECTION 13
The following standards and stipulations shall apply to Section 13 of the Fiddler's
Creek portion of the PUD:
1. The perimeter berm for Section 13 shall meet Land Development Code
leerde [ are additional w~rds ..t;~...~ ;:.;..,,:. ere deletions. I I - 4
requirements as to setbacks from the property line.
2. Provisions for Section 13 to accept or pass through existing flows from
culverts SIS-001-S0 150 and 180 under U.S. 41 shall be addressed by one or
more of the following methods:
a) Routing west along north line of Section 13 connecting to U.S. 41
outfail Swale No. 1.
b) Routing south along east side of Section 13, and further south
connecting to Fiddler's Creek spreader facility.
c) Routing through project's internai water management system.
All of the above are subject to permitting by South Florida Water
Management District (SFWMD).
3. Within six (6) months ofapprovai of the rezone of Section 13, Developer shall
grant a "temporary" easement to accommodate the construction ofU. S. 41
outfall Swale No. I along the west and north sides of Section 13, the profile
ofwhich shall not exceed that set forth in the construction plans therefor, as
revised May 1992. Developer shall grant permanent easements as part ofthe
platting process for properties adjacent to the temporary easement, and shail
have the ability to change the boundaries of the easement, and the profile of
the drainage swale during said platting process, provided minimum flows are
maintained.
4. Any other drainage easements required in Section 13 for the conveyance of
off-site flows shall be dedicated and recorded within one (1) year of the
approvai ofthe rezone of Section 13, pursuant to the process set forth in 3
above.
Words ]iflt~ are additions; ~ords -Jeree,e-e+rt.~ are deletions. 11 - 5
11.1 $ POLL~O PLACES
Community acility sites have Deen prodded throughout th~ major development ~eaa to
provide for thi~ facility. If no approp~ate ~unty acilitiea are dvailable, rooms ~11 be
pro~d~ ~ the ~r~on building for the pu~ose ofpe~tting residents to vote fluflag
~1 el~o~. ~e num~ ad fation ofn~ rooms ~11 be deterned by Collier County
Supe~sor of Elections.
1 l. 19 G~~ L~SC~E DE~LOPE~ CONCEPT
Th~ development of~ll tracts sh~i be subject to the then cu~ent County re~lations
~nceming I~ds~ping.
Words ~ ace additions; ~ords ~c~ ~:~;~ ate deZetlons. ] ] - 6
Special provisions for the possible preservation of selected vegetation are provided in the
~pulations relating to Horr's Island, Bar~eld Bay and John Slovens Creek development areas.
Special procedures are anticipated to provide for the maximum possible preservation of native
vegetation in these areas.
A. Preservation and l~eservation Areas:
Approximately 15,000 acres of valuable wellands and other preservation areas have
been deeded to the State of Florida in conjunction with the Settlement Agreement
referred to elsewhere in this document. In addition to these areas, approximately 243
~ acres of additional land is set aside in Fiddler's Creek as depicted on Exhibit "FC-
A", and as regulated by Section V hereof. Other than inco..rp. oration into the approved
drainage design or as allowed by permits ~~, these areas will be !eft
untouched, with the exception of the required removal of exotic vegetation, and
deeded to the homeowners association or approved entity upon platting of these
specific areas.
I 1.20 MAINTENANCE FACILITIES
A. Unit 24 and Fiddler's Creek
Developer may create a community development district for Fiddler's Creek. If such
a district is created it will comply with the following requirements.
If the Fiddler's Creek Developer creates a community development district ("The
Fiddler's Creek Community Development District") pursuant to Chapter 190, Florida
~51a~t~, all the property in Unit 30 owned by Developer will be included within the
Fiddler's Creek Community Development District.
The Fiddler's Creek Community Development District may own and may have the
responsibility for operating maintaining and as appropriate, improving and expanding
the following common areas and facilities:
(1) Any drainage facilities and rights-of-way (streets ~md roads) that are not
dedicated to the County at the time of platting;
(2) The water management systems within Fiddler's Creek owned and developed
by Developer, including lake and lakeshore maintenance;
(3) Parks, other than those dedicated to the homeowners association;
(4) Certain recreational amenities and facilities which are not owned and operated
by the Developer, other private interests, the homeowners association, or
words ~ are addltlonsl ~ords ~L,,~L :~,;~, ere deletions, 1 ] -7
individual condominium associations;
(5) Street lighting and;
(6) Other allowed facilities and services pursuant to Chapter 190, Rorida
Chapter 190, Ej.0.d.c[l_i~RuI~, grants community development districts created thereunder
all powers necessary to achieve their purposes, including the power to levy and collect taxes
and special assessments, borrow money and issue bonds.
B. Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi-
family Area
A community association (the "Key Marco Community Association") will be set up
by deed restriction. The owners of all property on Horr's Island and along the
entranceway to Horr's Island will be members of the Key Marco Community
Association. Property C)wnees will be assessed a monthly maintenance fee to support
the work of the Association. The Association will have lien fights to enforce
collection of monthly fees.
The Key Marco Community Association will own and will have the responsibility for
operating and maintaining the following common areas and facilities:
(1) The entranceway to Hores Island, including any security system;
(2) The roadway from County Road 92 to Horr's Island and all internal streets
and roads on Horr's Island, including all drainage facilities that are not the
responsibility of individual condominium associations;
(3) Parks and recreation areas;
(4) Street lighting;
(5) The historical preservation site and Indian mounds on Horr's Island, including
the public dock and accessway to the Captain Horr House (the Key Marco
Community Association may cooperate with local historical societies to
maintain and/or restore the Captain Horr house);
(6) The bridge across Blue Hill Creek to Horr's Island, including maintenance of
all required navigational lighting; and
(7) Such other community areas and facilities which are desired by the residents
ire additions/~ords .;., ,~;, ;:;,,-:~.~ are deletions, ] I - B
of Horr's Island but which are not available through local government or
private enterprise.
C. Barfield Bay Multi-family, John Stevens Creek, Isle of Capri and Goodland Marina
Roads in these areas either already exist and are being maintained by the State or
County or they will be dedicated to the County at the time of platting. All common
areas and facilities will be the responsibility of the individual condominlum
associations (Barfield Bay Multi-family and John Stevens Creels) or individual
commercial owners and operators (Isle of Capri and Goodland Marina).
.21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLEWS CREEK
The following Subdivision Regulations from the Land Development Code ("LDC") shall be
waived and modified as follows:
A. Land Development Code §3.2.8.3. l ?.2 - Sidewalks wi[l be constructed as shown on
the roadway cross-sections attached as Exhibit "FC-F~. At Developer's option,
bikepaths may be substituted for sidewalks and sidewai~ shall be optional for
roadways with fifty foot (50') fight°of-ways and that serve only one tract or parcel.
B. Land Development Code §3.2.8.4.1 - The access requirements of' this Section are
waived and connections shall be as shown on the Master Plan.
C. Land Development Code §3.2.8.4.3 - Block lengths shall be as shown on the Master
Plan.
D. Land Development Code §3.2.8.4.16.5 - Right of way widths shall be as shown on
the roadway cross-sections attached as Exhibit *FC-F".
E. Land Development Code §3.2.8.4. 16.6 - The length oldearl-end s~reets or cul-de-sacs
shall be as shown on the MEter Plan.
F. Land Development Code §3.2.8.4.16.9 &. 10 - The rninimu~ns of these sections are
waived and the~e tangents shall be as de icted on the Master Plan, except for ~
~, the minimum of these sections may be waived administratively at time of
PSP or development plan submittal with justification based on design speed.
G. Land Development Code §3.2.8.3.19 - Developer reserves the right, subject to
approval of Collier County Transportation Department, to seek substitutes for traffic
and street signs within the boundaries of Fiddler's Creek.
Words ~ are additions# vords ,;,,~ ;~,,,M~ are deXetions, ] I -9
H. Land Development Code §3.5.7.1 - Excavation setback distances may be reduced by
the Collier County Engineering Review upon demonstration by Developer that traffic
safety considerations are addressed.
I. Land Development Code §3.5.7.2 & .3 - Excavation side slopes and depths shall be
in accordance with the aforementioned Settlement Agreement, except for 6ec'tixm-i9
.[.'.~~~~.~ which shall be in accordance with Division 3.5 of the
Land Development Code.
J. Land Development Code §3.2.8.4.16.12.d - The pavement surface coarse thickness
shall be as shown on roadwa)~ cross-sections as Exhibit 'FC-F", except for Seetkm
-l~ ~~~~ where pavement surface course thickness shall be
pursuant to Appendix nB' of the Land Development Code.
11.22 SIGNS IN FIDDLER'S CREEK
All signs in Fiddler's Creek shall be in accordance with Division 2.5 of Collier County's Land
Development Code, as the same may be in effect at the time of Site Development Plan
approval, with the following exceptions:
A. Permanent Community Signage
1. Project Identification Signs - Two ground, wall, or gate project identification
signs may be located at each entrance to the development, subject to the
· following requirements:
(a) Such signs shall only contain the name of the development and any
symbol or icon identifying the development, and shall not contain any
promotional or sales information.
affixed or an integral pan of a wall or fence, the face ofthe sign may
protrude above the upper edge ofthe wall or fence, but remain subject
to height restrictions.
(c) No project identification signs shall exceed the height often feet (10')
above the finished ground level of the sign site,
2. Boundary Monument Signage - Project monument signs may be located at or
near'each boundary of the project on S.R. 951 and U.S. 41, provided that no
such sign shall exceed twelve (12) square feet, excluding mounting surfaces
or structures, and further providing that all other requirements of I 1.22A. 1)
are met.
3. Tract Identification Signs - Each tract containing a different use may have at
each entrance or in other approved location an identification sign not more
than sLx feet (67 in height and thirty-two (32) square feet in area, provided the
requirements of Section 11.22A. 1) not in conflict herewith are met.
4. Directional Signs - At each intersection in the development, four (4) square
foot directional identification signs are permitted for each separate use being
identified for direetional purposes. One sign may incorporate all uses being
identified, shall maintain a common architectural theme, such sign shall not
exceed six feet (6') in height and twenty (20) square feet in area, and shall
meet the requirements of Section 11.22A. 1) not in conflict herewith.
B. Temporary or Promotional Signage '- These signs are to direct prospective purchasers
and identify the various projects being developed.
1. One development announcement sign may be erected on each project street
frontage for each tract or parcel, identifying the proposed project or project
under construction, subject to the following requirements:
(a) There shall be no more than two (2) signs per tract, parcel or project.
(b) Such signs shall not exceed sixty (60) square feet in area, excluding
mounting surfaces or structures. Where such signage is attached or
affixed to a wall or fence, the rice of the sign may protrude above the
upper edge of the wall or fence, but remain subject to height
restrictions.
(c) No development announcement signs shall exceed ten feet (109 above
the finished grade of the sign site.
2. Residential Lot Signs - Individual residential lots may be identified by a sign
not to exceed two (2) square feet or protrude more than three feet (3') above
the finished grade of the lot, provided such sign' shall only contain the
following information: lot number, name of owner or builder, and telephone
number for contact, and shall comply with the requirements of Section
11.22.B. I) not in conflict herewith.
3. Residential Construction Lot Signs - During the construction phase on any
residential lot, a temporary sign identifying the owner, builder, lot number,
and phrase such as "the new home of "may be erected, subject to the
following requirements:
Words ~ are additions/~ords ~; ;L;~h are deletions.
(a) Such signs shall not exceed six (6) ;quare feet in area or protrude
more than four feet (4*) above the finished grade.
(b) Such signs shall meet the requirements of Section 11.22B. 1) not in
conflict herewith.
11 12
Word* ~ sre additionmS words -:~..~ ~.,.:--.-~ are deletions. '
SECTION XII
STIPULATIONS AND COMMITMENTS
12.1 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD
A. Conditions Recommended by Environmental Advisory Board ("EAB")
(1) Staff recommends approval for all development areas of Rezone Petition R-
84-7C with specific regards to PUD Zoning Classification.
(2) Staff recommends Conceptual Drainage Approval of the following
development areas:
(a) Fiddler's Creek
Co) Unit 24
(c) Goodland Marina
(3) Rcsubmission to EAB for Conceptual Drainage approval for the Isle of Capri
Business Tract and the unique development areas of Horr's Island, Barfield
Bay Multi-family and John Stevens Creek will be required that includes site
specific information and coordination of recommendations made by the
County Environmentalisis in Memorandum dated April 27, 1984 as may be
mended and endorsed by EAB.
(4) Detailed site drainage plans for all development areas shall be submitted to the
EAB for review and approval. No construction permits shall be issued unless
and until approval of the proposed construction in accordance with the
submitted plans is granted by the county Engineer and the Environmental
Advisory Board.
(5) Detailed site drainage plans showing the effectivenes~ of the golfcourse lake
system and the extent of the water management system, including spreaders,
that will be constructed as part of the initial phase shall be submitted to
Project Review Services for review. No construction permits shall be issued
unless and until approval of the proposed construction in accordance with the
submitted plans is granted by Project Review Services.
(6) Historically, off-site flows have been and continue to be routed through the
easterly portion of the proposed development. Should the existing routing of
off-site flows be impacted by the initial proposed development, provisions
fford: j~ are additional ~,,ordx .;...; ;: .... ~ are deletLonw. 12- ]
shall be made for re-routing and/or continuing to allow historic off-site flows
to pass through the initial phase proposed for development.
(7) Based on prior commitments, Ordinance 88-26 is to apply except as Section
8 thereof is modified by the approved "Conceptual Drainage Plan, Marco
Shores Unit 30", Sheet G-l, dated January 1984, "Typical Lake Section",
with respect to lake slopes and depths, and further, the lake setbacks from
abutting fights-or-way will not be required provided safety barriers (which
may include landscaping with banns) are utilized to the extent that such
setbacks are not met, nor will the restoration requirements contained in
Subsection F apply. The above does not apply to
~d~ which shall meet the requirements of Division
Development Code.
12.2 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY BOARD
A. Stipulations To Rezoning of Category I Lands: Fiddler's Creek, Unit 24, Isle of
CapH, Goodland Marina
(1) Native Vegetation and Habitats
(a) During development Deltona will fill all areas of Unit 24 under an
elevation of six feet and construct the roads, lake, and other water
management facilities as proposed on the conceptual plan for both
those areas under and over the six foot contour.
(b) Following this a vegetation survey of the remaining unaltered areas of
Unit 24 will be prepared by Deltona and submitted to the County
Environmentalist.
(c) The County Environmentalist will use the vegetation survey and work
with Deltona or the architects hired by future owners of multi-family
lots of Unit 24 to arrive at a final building and parking lot layout that
would minimize the destruction of remaining undisturbed native
vegetation.
(d) Approximately 15,000 acres of valuable wetlands and other
preservation areas have been deeded to the State of Florida in
conjunction with the Settlement Agreement referred to elsewhere in
this document. In addition to these areas, approximately 243 ~..~
acres of additional land is set aside in Fiddler's Creek as depicted on
Exhibit "FC-A", and as regulated by Section V hereof. Other than
Words ~ are additions; ~otds .~,,~ ~ are deletions. 12-2
incorporation into the approved drainage design or as allowed by
permits, these areas will be !et~ untouched, with the exception of'the
required removal of'exotic vegetation, and deeded to the homeowners
association or approved entity upon platting or these specific areas.
(2) Archaeological Resources
(a) The Developer of'each orthe above described projects will design and
implement a plan so that ir an archaeological site or artif'act is
uncovered during site clearing, grading, or excavation, construction
in that location will be stopped rot a sufficient length ortime to give
both Developer's archaeological consultant and/or one selected by the
Environmental Section to assess the find and determine whether
excavation is necessary.
(b) The Environmental Section or its selected consultant will respond to
such a find in a timely manner so that construction is not unnecessarily
delayed.
(e) Prior to any work in the Goodland Marina area, the Environmental
Section, with the assistance or selected local archeological assistance,
will su~ey the development area to determine the validity of' reported
sites in that vieinlty.
(d) If a significant site is discovered, the Environmental Section will
coordinate the excavation or the site, consistent with Developer's
construction schedule, to remove any significant artifacts.
(3) Water Resources - Quality
(a) To ensure sufficient treatment of water runoff from development
areas, final water management plans will retain and treat all runoff in
development area swales and/or lakes prior to discharge from lakes
through spreader waterways.
(4) Water Resources - Quantity
(a) Final water management plans, control structure elevations, lake
levels, etc., are to replicate, as dosely as possible, the seasonal pattern
of' water discharge as necessary to comply with the applicable
requirements of'the South Florida Water Management District and the
Settlement Agreement, except for Seetior~ ~:.".d.'!.~!.~'.~E
~'~, which shall comply with the applicable requirements or
Nords J/~r/~ are additions1 ~rds w~a4--~"ht"~fh are deletions. 12- 3
South Florida Water Management District and Collier County.
(b) Water will be retained on site during the natural dry season and will
be discharged at a rate similar to pre-development conditions during
the wet season pursuant to the applicable requirements of the South
Florida Water Management District and the Settlement Agreement,
except for eu~:ction--~ !~i~!~al~j~!~'~!~Z~tla~, which shall
comply with the applicable requirements of South Florida Water
Management District and Collier County.
(5) Other
(a) Native vegetation should be retained and used where possible for
ground cover.
(b) If feasible species should be transplanted from development sites to
border areas.
(c) Where transplanting is not feasible, make native species, that would
otherwise be destroyed, available for the use of qualified individuals
(e.g. the Native Plant Society, Applied Environmental and
Engineering Services) in the restoration or enhancement of other
Marco Island areas (e.g. County Park sites on Marco including
Tigertail Park, other Marco Island development areas).
(d) Remove all existing exotics on site as described by County Ordinance.
(e) Follow design considerations as outline in County Environmentalist's
memorandum dated may 15, 1984.
B. Stipulations to Rezoning of Category II Lands: Horr's Island, Barfield Bay Multi-
Family, lohn Stevens Creek
(1) Native Vegetation and Habitats '
(a) Final site plans and drainage plans for Category Two Lands shall be
designed to minimize the destruction of vegetation classified on
Figures 1 and 2 as rare, unique, or endangered.
(b) The final location of roads buildings, parking areas, water
management components, and other facilities shall be carefully chosen
to minimize impacts on tLU.E. lands will be mitigated, where possible,
by the transplantation of native plants to adjacent undisturbed areas.
Nords N~Ci;~are additional ~ords ~,,~ ;~,~.~:. are deletlona. ]2 - 4
(c) At there areas the loss of R.U.E. lands will be mitigated, where
possible, by the transplantation of native plants to adjacent
undisturbed areas.
(d) Figures 3 and 4 depict typical, conceptual site development and
drainage plans that reflect these guidelines.
(e) Prior to construction, the final site plans and drainage plans for
development within Category Two Lands shall be reviewed and
approved by the EAB to ensure that the final designs meet the goals
and comply with the concepts of development as expressed in the
County Environmentalist's memorandum dated May 15, 1984.
The following area-specific recommendations further clarify these general
comments:
Horr's Island and Barfield Bay Multi-Family Area C
(f) The majority of Horr's Island (excluding the mangrove areas within
the development limit line) and all of Barfield Bay Multi-Family Area
C (Figure 1) are classified as R.U.E. lands because the exact
composition and location of the rare, unique, or endangered plant
communities contained thereon and the occurrence and distribution of
any classified rare, endangered, or threatened species were neither
adequately addressed nor mapped in the Army Corps of Engineers
Environmental Impact Statement or associated reports.
(g) A vegetational survey and an analysis of the presence and location of
endangered, threatened or rare species is a normal requirement of the
County E.I.S. Ordinance. Because the information supplied on the
characteristics of the upland areas of Horr's Island was not site-
specific, a detailed survey (including an upland plant community map)
of the composition and distribution of upland vegetation and the
occurrence of rare, endangered, or threatened species shall be
conducted by the applicant in consultation with a qualified South
Florida tropical systematic botanist.
(h) The vegetation survey, which will be utilized in the final site and
drainage plans developed for Horfs Island and incorporated into the
final EAB review and approval of the site and drainage plans for the
area, is required by County Ordinance 77-66 under the terms of
Resolution R-82-86.
Words ~ sre additions; ~ords ;;, .~ ;: .... ~ ere deletions.
(i) It is suggested that the Developer or a third party purchaser, have
similar surveys conducted for proposed development sites in other
Category Two Lands and incorporated into the design for the final site
and drainage plans.
O) If the Developer or the third party purchaser declines to have such
surveys conducted (Resolution R-82-86 precludes the County from
requiring such surveys as a part of the EIS review on Category Two
Lands other than Horr's Island), the County Environmental Section
(with the assistance of loc, al experts) will undertake these analyses in
conjunction with Applied Environmental and Engineering Services, if
desired, and incorporate the results into the recommendations
regarding the site plan before final approval will be considered.
(k) All site-specific surveys will be conducted prior to any site alteration.
(I) Those surveys conducted by the Environmental Section will not delay
Developer's timetable.
(m) Surveys for multi-family lots on Horr's Island may be delayed until
future lot owners are ready to develop the site.
(n) To this extent, the Developer needs only to have surveys conducted
on those areas where they will undertake land alteration activities (i.e.
roads, water management facilities).
(o) Surveys for Developer's activities must however cover enough of the
surrounding areas to enable the selection of potentially more suitable
locations.
John Steven's Creek and Areas A and B of the Barfield Bay Multi-Family Area
(p) The majority of site development construction, clearing, grading, and
filling will be concentrated in those areas' disturbed by previous
activities and therefore not classified as R.U:E. lands.
(q) At these sites, R.U.E. lands will be retained as developmental buffers
utilizing extant native landscaping, and as an incorporation of natural
amenities.
(r) Land use is not precluded from R.U.E. areas, however, only those
activities that will not significantly alter those areas' natural
characteristics will be acceptable. Such activities could include bike
Nord: iJ~lf~ ere additions; ~orda ;;..~ ~;~.~.,~ ate deterions. 12-6
paths, vita courses, nature trails, and other low impact activities.
(s) Road corridors through R.U.E. areas, and locations where buildings
or parking lots extend into these areas because of space limitations,
will be carefully selected to ensure minimal loss of habitat and
mitigated by the transplantation, where possible, of native vegetation
to adjacent, unaitered R.U.E. areas.
2. Archaeological Resources
(a) The archaeological survey of Horr's Island to be conducted by
Developer's archaeological consultants will classify all sites as
significant (those needing to be preserved) and marginal (those where
only a recovery dig is necessary prior to site development).
(b) The results of this survey will be incorporated in the final site and
drainage plans for Horr's Island.
(c) Although not required, a similar survey is strongly recommended for
other development sites within Category Two Lands which are
classified as R.U.E. for incorporation into final design plans.
(d) If not conducted by Developer, the Environmental Section, with the
assistance of local archaeological groups will conduct a similar survey
and include the results in the review and before any approval of the
final site and drainage plans for these areas.
(el In addition to the pre-development surveys a program will be
established allowing assessment of any archaeological sites or artifacts
uncovered during site clearing, grading, excavation, or construction.
(f) In such case, any development activity considered inimical to the
integrity ofthe archeological find will be stopped temporarily to give
the Developer, or the County, or the State oFFlodda archaeological
consultant a chance to excavate the find.
(g) The Environmental Section or its selected consultant will respond to
such a find and conduct necessary excavation in a timely manner so
that construction is not unnecessarily delayed.
3. Water Resources
(a) The final water management plans for Category Two Lands shall be
IIords ~ are additionst vords .t,,~k :; .... ~ are deletions. ]2- 7
designed to minimize the clearing and alteration of land in R.U.E.
areas.
(b) This will be accomplished by designing the water management
facilities to direct the majority of runoff from building pads and
parking lots to roadside swales.
(e) Overflow from these swales will be discharged through storm swales
and spreaders at the wetland borders, carefully located to take
advantage of the existing topography and flow channels and to
minimize alteration of R. U.E. areas.
(d) Conceptual site plans with water management features incorporating
these comments are depicted in a generalized scheme in Figure 3, and
for a section of Horr's Island in Figure 4.
(e) The benefits of following such plans include: (i) development along
existing topographic gradients will retain natural flow and filtration
characteristics; (ii) direction of runoff to roadside swales, located in
most cases near the center of existing ridges, will take advantage of
the natural capacity of the sand and shell soils to percolate and filter
water; (iii) the retention of side-slope R.U.E. areas to buffer
development areas from the preserved wetlands will provide further
filtration of runoff from the rear of development areas whiled
maintaining the existing natural conditions; and (iv) the water entering
the ground and/or adjoining wetlands will be partially or completely
treated in the roadside and discharge swales, the wetland spreaders,
and by percolation through ridge substrates and filtration through
retained native wetland buffer vegetation.
(f) The ultimate stormwater discharge points for Category Two Lands
will be carefully located in areas most suited for receiving such waters.
(g) Low quality, semi-impounded wetlands, btiffered from productive
aquative and wetland areas by distance, topography, or existing roads
will be utilized.
(h) Potential discharge points ~,re indicated on Figure 1.
(i) In order to minimize the degradation ofwater quality by the addition
of fertilizers, pestleides, and herbieides, the area extent of lawns
around the development will be kept to a minimum.
are additions; ~ord~ ~ a:e deletions. ] 2 - 8
(j) The Environmental Section recommends a sodded area of no more
than five percent (5%) of any structurds area.
(k) The use of retained and transplanted native cover naturally occurring
under existing conditions will be emphasized.
(1) The final water management plans for all Category Two Lands will be
reviewed by EAB to ensure that they integrate native vegetation and
existing drainage features and are designed following the concepts
stated in the County Environmentaiist's May 15, 1984 memorandum
depicted in Figures 3 and 4.
(m) During plan preparation, Developer will work with County staff' to
arrive at a final product compatible with these general guidelines and
the associated conceptual diagrams.
(n) Where two alternative water management approached exist, that
approach which will best serve to minimize alteration ofg. U.E. areas
will be chosen.
4. Other
(a) Native species will be transplanted from development sites to border
areas.
(b) Where transplanting is not feasible, native species, that would
otherwise be destxoyed, will be made available for the use of'qualified
individuals (e.g. the Native Plant Society, Applied Environmental and
Engineering Services) in the restoration and enhancement of other
Marco Island arm (e.g. County Park sites on Marco including
Tigertail Park, other Developer development arm).
(c) Native vegetation either existing in situ, or transplanted fi'om
construction sites will be retained and u~ed where possible for
landscaping and/or ground cover.
(d) All existing exotics on site will be removed as required by County
Ordinance.
(e) The use of introduced non-native species f'or landscaping will be
severely restricted.
(f) All construction, clearing, and filling locations in or adjacent to
are addLttons/~orda .;..~k ~...,:, ate deletions.
designated R.U.E. areas will be flagged and field approved by the
Environmental Section prior to the commencement of site work.
(g) Turbidity screens, or other similar devices, will be used in association
with work within or adjacent to wetlands.
(h) All work in Category Two Lands will be conducted following the
design considerations and conceptual drawings contained in the
County Environmentalist's May 15, 1984 memorandum.
C. Additional Stipulations
(l) The EIS prepared by the Corps of Engineers will be accepted to fulfill the
requirements of Division 3.8 of the Collier County Land Development Code
with the condition that the stipulations contained in the County
Environmentalist's May 15, 1984, Memorandum are followed.
(2) Specific stipulations to modify site plans for all Category I and II Lands
except for Fiddler's Creek, in order to minimize impact on native upland
vegetation and habitats and to require for Category Two Lands final site plan
review and approval by the EAB are contained herein to bring the
development proposals into compliance with County environmental policies
and standard review procedures and requirements. Fiddlcr's Creek shall not
be required to comply with the provisions hereof'.
(3) Modifications to the conceptual drainage plans along with new conceptual
plans to incorporate environmental concerns are recommended for Category
Two Lands and Unit 24 to ensure that the final water management design
does not unnecessarily destroy native upland vegetation, habitats, and
associated wildlife.
(4) The EAB will review and approve final drainage plans for Category Two
Lands prior to construction for compliance with conceptual comments and
designs outlined in the County Environmentalist's May 15, 1984
memorandum.
(5) Tree removal permits are not issued at the time ofrezone approval because
of the conceptual nature of rezone plans and the lack of site-specific
information, to the extent this provision is not modified by the Agreement
between the applicant and Collier County, dated April 4, 1995.
(6) Tree removal permits for all Category I and II Lands, will be issued for the
proposed individual developments after the final site plans and drainage plans,
Words ~ are additions; ~ords ~.~:, ~t,~-~,~, are deletions, 12 - 10
based in some cases on required vegetational surveys, are reviewed and
approved by staff and advisory boards, except as modified for Fiddler's Creek
by the Agreement between County and Developer dated April 4, 1995.
(7) Flaggin:3 and approval by the Environmental Section of the final alignment of
the proposed docks and boardwalks is required prior to construction.
(8) The rezone petition contains no plans for dredging associated with these
structures. If required, dredging will therefore have to be reviewed under a
separate petition.
(9) The exact locations of the roads in Category Two Lands, will be approved
during the review of the final site plans.
(10) Because some of the recommendations, particularly those involving
development in areas of Horr's Island or other Category II Lands designated
as rare, unique, or endangered, would require specific actions and further
review to ensure environmentally sensitive development, it is suggested that
the County allow a certain amount of flexibility in the site plans and density
spread associated with these petitions. For example, site plans could be
shifted and density units transferred from areas of high environmental concern
to those with lower potential impact.
(11) Some ofthe recommendations contained herein constitute variations from the
Settlement Agreement. Within the Agreement, however, provision has been
made for modifications of the plans such as proposed in the County
Environmentalist's May 15, 1984 memorandum. Informal conversations with
some of the other parties to the Agreement indicate that changes to further
protect the natural resources of the area could be made with a minimum of
difficulty. Staff believes that the design recommendations embodied in the
May 15th memorandum represent additional methods, above and beyond
those contained in the Settlement Agreement, to permit the proposed
development while protecting the natural and cultural resources of Collier
County. Staff; as representatives of Collier County, a'party to the Settlement
Agreement, will, in cooperation with the Developers'of all Category I and II
Lands except for Fiddlers Creek, initiate and attempt to negotiate the addition
of the following Exhibits to the Settlement Agreement and any resulting
modifications that may be necessary to the existing U.S. Army Corps
Engineers permit:
Exhibit D - 12A
Wherever vegetation is discovered on any Category I or H Lands,
word= ~ are additionst vords ~.~.,~'.. ;.: .... v;, are deterSross. 12 - ] l
wlfich is deemed by Collier County to be rare, unique or endangered,
Developer may eliminate rear yard and roadside swales and other
drainage design features shown on D-2, D-3, D-11, D-46, D-47 and
D-48 of this Exhibit to the extent Developer and Collier County
determine that to do so will reduce the adverse impact on such
vegetation. In the event the Engineering Detail Drawings are varied
in accordance herewith, Developer shall be excused from compliance
with the drainage retention requirements shown on D-I I, D-46 and
D-47.
Note:
The above applies to the following development areas: I. Barfield
Bay multi-fanfily; 2. John Steven's Creek; and 3. Horr's Island
Exhibit E - 1A
Wherever vegetation is discovered in the Barfield Bay Multi-family,
John Steven's Creek and Horr's Island development areas which is
deemed by Collier County to be rare, unique or endangered, the
following design criteria shall apply, to the extent the Developer of
Horr's Island and Collier County determine that to do so will reduce
the adverse impact on such vegetation, in this Exhibit E:
1 ) Multi-family tracts and roadways abutting wetlands shall not
be required to have a minimum ten foot (10') wide by six
inches (6") deep swale.
2) Multi-family areas shall not be required to drain toward rear
yard swales.
3)Developer shall be excused from compliance with the one-half
inch (%") dry retention storage requirement.
4) Drainage may discharge via sheet flow from roadside spreader
swale, or rear yard swale, or through the rare, unique or
endangered vegetation.
To the extent that some or all of the provisions of the foregoing
additional exhibits are not approved in a~ordance with the terms of
the Settlement Agreement or are not approved by permit modification
or otherwise by the U.S. Army Corps of Engineers or are otherwise
not legally permitted, the Developer of Horr's Island shall design the
Rotde ~ ere .ddLtLon/; vords ,;...L ~;..~.~ Ire deletions. 12 ' ~2
Barfield Bay multi-family, John Steven's Creek and Horr's Island
development areas as provided for in the Settlement Agreement;
however, taking into consideration any provisions of the additional
Exhibits as have been fully approved.
12.3 STIPULATIONS AND COMMITMENTS - SUBDIVISION REVIEW COMMITTEE
O A. The approved stipulations of the EAB pursuant to the memorandum from County
Environmentalist dated May 15, 1984, may necessitate exceptions from the
Subdivision Regulations to accommodate fine tuning of the final site plan;
B. Detailed engineering drawings as shown in the Marco Agreement will not necessarily
apply, or would be subject to the County Engincer's approval at the time of platting
in conjunction with the best development procedures.
C. Platting and construction plan approval will be granted on a segmental basis with
applicable time restraints imposed by the Subdivision Regulations being applied to
each segment.
D. For the purposes of platting and replatting within the project area, assurance for the
completion of subdivision improvements will be provided by Developer subject to
approval by the County Attorney.
12.4 STIPULATIONS AND COMMITMENTS - UTILITIES
A. Waste Water Management
(1) Under the franchise modification, as provided for below in "2" and this
Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility
for constructing and operating additional wastewater treatment collection and
disposal facilities and necessary to provide sewer service to the Marco
Development areas, and to those areas known as Unit 24 and Unit 27.
(2) The Board of County Commissions hereby authodzt~s Deltona to undertake
the responsibility for sewer service, as provided in "1" of this Section, by
granting the following modification to Deltona's Sewer Franchise Agreement,
dated April 27, 1971 and recorded in the public records of Collier County in
Official Records Book 401, Page 304 et seq. (the "Sewer Franchise
Agreement:):
(a) The sewer franchise area is hereby modified by deleting therefrom all
property that is not designated as "Development Area' under the
Marco Agreement and substituting therefore all property, not
Words jJjji~j~Tl ere addittonss ~ords ~;,.~ L: .... ~ are delstLons. 12 - 13
presently within the sewer franchise area, that is included within such
Development Area.
(b) Not withstanding this modification to the Sewer Franchise Agreement,
Collier County shall provide sewer service to those areas knowrt as
Unit 24 and Fiddler's Creek, provided Collier County has the
capability and has committed to provide such sewer service prior to
commencement by Developer of construction of any additional
sewage treatment facilities to serve such areas.
(c) With respect only to those areas known as Unit 24, Developer shall
dedicate all sewage collection facilities to Collier County at the time
such areas are platted or replatted (whether or not the plats or replats
are identified as Unit :24). Simultaneously with such dedication(s),
Collier County shall lease the collection facilities back to Developer;
alternatively, Collier County may commit to provide immediate sewer
service to the platted area, as provided in "b" above. In the event the
collection facilities are leased back to Developer, the lease shall be on
the following terms and conditions:
(1) Lease Term - The lease term shall commence from the date of
platting and continue uninterrupted for 30 years or until
Collier County purchases the sewage treatment facilities as
provided for in "d" below, whichever first occurs.
(2) Annual Rent - $1.00 per annum payable annually in advance.
(3) Lessee's Rights - Lessee shall have the right to use and operate
the sewage collection system, and during the lease term, all
connections to the system shall be customers of the lessee.
Customers outside the Deltona Franchise Area but served
through this facility shall be customers of the County.
(4) Lessee's Obligations - Lessee shall have the responsibility to
provide sewer service to the areas served by the sewage
collection and lessee shall maintain and repair the sewage
collection system so that upon termination of the lease, the
system will be turned over to Collier County in good
condition, reasonable wear and tear expected.
(5) Other Provisions - The lease shall contain such other
provisions as are typically included in commercial net
leaseback agreements as Developer and Collier County shall
deem reasonable and appropriate.
(d) In addition to any other dghts of Collier County to purchase the sewer
system. as provided in the Sewer Franchise Agreement, Collier
County shall have the option at any time, upon twelve (12) months
prior notice to Deltona, to purchase the sewage treatment facilities
serving Unit 24. In the event Collier County exercises this option, the
purchase price shall be determined by adding:
(I) The amount of Deltona's investment in the sewage treatment
facilities serving such Units less any salvage value of the
treatment facilities (if Collier County does not desire to take
title to such treatment facilities) and less any portion of
Deltona's investment previously recovered from Customer
credit impact fees to be collected by the County and returned
to Deltona as a credit and
(2) any accumulated net operating loss attributable to that portion
of the sewer system occurring during that period commencing
after I00 customers have been connected to the system
through the date of closing.
<e) g!~g~ Collier County ~~g~ ~!ig~!~[~
'~.{~ ~ shall provide all wastewater treatment services to
that pan of Fiddlers Creek owned or developed by Developer.
(f) It is anticipated that Developer will use treated wastewater effluent to
meet the non-potable water demands for Unit 24. The effluent
distribution lines will be dedicated to Collier county at the time of
platting, and in the event Developer leases back the sewage collection
system as provided for in (2) above, the effluent distribution lines will
be included in the leaseback.
(g) Deltona shall be required to locate the construction of a regional
sewage facility in the general location of Unit 30.
B. Water Supply and Treatment and Distribution
(I) The County Water-Sewer District through its Regional Water System shall be
the sole provider and purveyor ofwater to those portions of the development
lying within any non-franchised areas.
{2) All plans and specifications for transmission and distribution facilities
Words JrJllJ~ ere additlonsl ~ords .L...; ::,...~ are deletions.
proposed for the areas under this petition shall be reviewed by the Utilities
Division for conformance with current subdivision requirements and Utilities
Division standards for construction.
(3) All transmission and distribution facilities within the non-franchised areas shall
be dedicated to the County Water-Sewer District prior to being placed into
service.
(4) All water users in the non-franchised areas shall be County customers.
(5) Prior to the issuance of building permits for new water demanding facilities,
the applicant for the building permit shall pay an appropriate system
development charges applicable at the time application for the building
permits are made.
12.5 STIPULATIONS AND COMMITMENTS - TRAFFIC
Subject to FDOT approval, the Developer or a Community Development District formed for
Fiddler's Creek shall provide the following:
A. Traffic signals at each of the new intersections created on SR-951 and US-41 when
deemed warranted by the County EnSineer. The signals shall be owned, operated and
maintained by Collier County.
B. All required auxiliary turn lanes at each new intersection created on SR-951 and U5-
41.
C. Street Lighting at major entrances into the development.
D. The Developer of Fiddler's Creek has contributed an 18.4 acre fill source to Collier
County to supply fill for the widening of State Road 951 to four lanes between New
York Avenue and the Marco Bridge. Pursuant to that certain Agreement between the
County and Developer relating to the widening of State Road 951 dated April 4,
1995, all Development of Regional Impact (DR/) and PUD conditions which had
restricted development and construction traffic have been fully satisfied by
construction of the existing four lanes of State Road 951 and by execution of said
Agreement. All such prior restrictions and conditions on development related to
tnffic impacts are no longer applicable. All prior obligations of Developer under this
PUD document relating to the provision of fill for State Road 951 have been fully
satisfied by execution of the Agreement between Developer and Collier County
granting the County the right to enter upon the property for the purpose of excavation
of the fill needed for the four-laning of State Road 951.
IIords i are addttlons; '~ords =~,.,; ;~---v~ are deZetXon$. ]2- ~6
The Developer shall provide traffic signals at internal intersections when deemed warranted
by the County Engineer.
12.6 pLANNING DEPARTMENT
The Planning Department reviewed this petition and has the following recommendations:
A. That the staff report recognize that SR-951, after four laning, will be approaching its
capacity in 1990 and that appropriate recommendations be made to include the future
6--laning of the northern most section in the county's Comprehensive Plan.
B. That Unit 24 be prohibited from any development until SR-951 is 4-1aned or the
applicant be required to donate to the County the cash equivalent of the construction
cost for the 4-1aning of S00 feet of SR-951. This donation, to be used by the County
solely for the 4-1artinS of 951, shall be determined according to FDOT's SR-951
construction plans and shall be made either prior to Unit 24's a) development in whole
or in part orb) the transfer to any other person or entity of any ownership interest or
fight to control Unit 24, in whole or in part. This donation shall be independent of the
other fair-share contributions included within these recommendations.
C. That the Isle of Capri Commercial PUD, due to the level of service of SR-951 closely
approaching "D", be prohibited from any development until SR-951 is 4-1aned.
However, site development work including clearing and filling may be performed on
the site prior to the 4-1artinS of SR-951, provided that such activity is otherwise in
conformance with this PUD Ordinance particularly, but not limited to, the
environmental and water management sections.
D. That the Developers of Horr's Island and John Stevens Creek be responsible for the
reconstruction of the intersections of SR-92, with the road to Hores Island and John
Stevens Creek. In the event that the State purchases Horr's Island, Developer of
Hores Island will not be obligated to bear the cost of improvement to that portion of
the intersection.
E. If the marina is developed, the developer of the marina will be responsible for the
reconstruction (if necessary) of the intersection of 8R-92 and the road to Goodland.
F. The Developers contribution to the County of an 18.4 acre lake as a source for all the
fill needs of the entire redevelopment of SR-951, which has been accomplished, shall
constitute its entire fair share obligation for surrounding traffic related construction,
with the exception of needed improvements at newly created development road
intersections with SR-95 ! and US-41, and compliance at the time ofbuilding permit
with Collier County Ordinance 85-55, as mended from time to time. The fill
common, any required intersection improvements and compliance with Ordinance
Ilords ~ ere sddition=l ~ords .~,,,.~ ;,~,,-;,~,~, ire deletions. ]2 - 17
85-55 have been determined to satisfy the conditions of former Section 4.D.9.K.(4)
of Collier County Development Order 84-3.
The Agreement between Collier County and Developer as described in Paragraph 9.C.
fury and completely satisfies Developer's obligations for all *fair share* contributions
for the resident's use of State Road 951 as a hurricane evacuation route, for
transportation and for mitigation oftra~e impacts under this DRI Development Order
and PUD document over and above legally imposed county-wide transportation
impact fees.
G. Any construction road or private roads installed from Fiddler's Creek to U.S. Hwy 4 !
will be made available to Collier County as an alternative emergency evacuation route
upon reques~ by the appropriate Collier County governmental official.
It is intended that these recommendations supplement any other transportation related
recommendations. If any of these recommendations conflict with any other recommendations, then
the more restrictive should apply.
12.7 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS
A. No filling of the east-west canals/ditches contained on the 22.9 acre parcel described
on page 7 ofExhibit 'FC-C* hereof shall occur prior to the removal of exotics from
the Preserve parcel located between Parcels 1 and 49 as depicted on Exhibit
hereof.
B. If the development activities in Fiddler's Creek are the cause of flooding in the Po~'t-
Au-Prince Project, Developer shall take immediate corrective action.
C. Agricultural uses shall continue to be permitted on the undeveloped portions of
Fiddler's Creek lying within '~d~'~'~."~~~,.....~ G~,~,;loi~ 13, To-~,~s:-,ip
.... " .......... C ll{ C ty ~ id
,
12.8 FIDDLER'S CREEK STIPULATIONS AND CONDITIONS - WATER MANAGEMENT
,
A. The Developer shall make provision to accept or pass through existing flows from
culverts SIS-00-S0 150 and 180 under U.S. 41 by one or more of the following
methods:
i) Rout{hE west along north fine of Section 13 connecting to U.S. 41 outfall
Swale No. 1.
it) Routing south alone east side of Section 13, and further South connecting to
Fiddl~-r's Creek spreader facility.
iii) Routing through project's internal water management system.
All of the above are subject to permitting by South Florida Water Management
District.
B. Within six (6) months of approval of the rezone of Section 13, Developer shall grant
a "temporary" easement to accommodate the construction of U.S. 41 outfall Swale
No. I along the west side of Section 13, the profile ofwhich shall not exceed that set
forth in the construction plans therefor, as revised May 1992. Developer shall grant
permanent easements as part of the platting process for properties adjacent to the
temporary easement, and shall have the ability to change the boundaries of the
easement, and the profile of the drainage swale during said platting process, provided
minimum flows are maintained.
C. Any other drainage easements required in Section 13 for the conveyance of off. site
flows shall be dedicated and recorded within one (1) year of the approval of the
fezone of Section 13, pursuant to the process set forth in 16.B) hereof.
O.,~,.JSER~'xLANA~WPSI~'IDDLER, AG~wlJD.R~:D
Jsmsty2,?.. 1~gg
leords t~[m are additions# words ~.:...c~ ::,~,,~;, are deletions.
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original document: G:\USERSXLANA\WP5 1XFIDDLER. AG~PUD.ORG
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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 copy of:
ORDINANCE NO. 98-13
Which was adopted by the Board of County Commissioners on the 24th 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 27th day of February,
1998.
DWIGHT E. BROCK .""<' "" .... ' · "'
Clerk of Courts and' C~rk ...,.
Ex-officio to Bqar.d.~f .~,...
County Commissio .~'
,,,,,.,
Deputy Clerk · "....' "! ~ ...."