Ordinance 98-064 AN ORDINANCE AMENDING ORDINANCE NUMBER 91 102 / ~E~
THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
9618N BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A"
AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT
KNOWN AS WHIPPOORWILL WOODS, FOR A MIXED
RESIDENTIAL DEVELOPMENT OF UP TO 536 DWELLING
UNITS FOR PROPERTY LOCATED BETWEEN WHIPPOORWIL
LANE EXTENSION AND INTERSTATE 75 APROXIMATELY ~
MILE SOUTH OF PINE RIDGE ROAD (C.R. 896) LOCATED
IN SECTION 18, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIER COUNTY, FLORIDA, CONSISTING OF 83.92 ACRES
MORE OR LESS; AND BY PROVIDING AN EFFECTIVE DATE.
WHEREAS, William L. Hoover, AICP, of Hoover Planning Shoppe,
petitioned the Board of County Commissioners to change the zoning
classification of the herein described real property;
NOW, THEREFORE BE IT ORDF~INED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The zoning classification of the herein described real
property located in Section 18, Township 49 South, Range 26 East,
Collier County, Florida, is changed from "A" Rural Agricultural
to "PUD" Planned Unit Development in accordance with the
Whippoorwill Woods PUD Document, attached hereto as Exhibit "A"
and incorporated by reference herein. The Official Zoning Atlas
Map Nunsbet 9618N, as described in Ordinance Nu~er 91-102, the
Collier County Land Development Code, is hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effective upon filing with the
Department of State.
-3.-
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this JF day of ~,
1998.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
;ATTEST: ·
' .Attest as to Cha~r~an's
.$fgnature.0nl~;, ...'.. Thl~ orcllnan~ frlea with
and ac~owledg~en of
~ss~s~an~ County
~D-98-~ ORDZN~CE/
WHIPPOORWILL WOODS PUD
A PLANNED UNIT DEVELOPMENT
PREPARED FOR:
WHIPPOORWILL WOODS LAND TRUST
WILLIAM L HOOVER, TRUSTEE
3785 AIRPORT ROAD NORTH~ SUITE B
NAPLES, FLORIDA 34105
PREPARED BY:
WILLIAM L HOOVER, AICP
HOOVER PLANNING
3785 AIRPORT ROAD NORTH, SUITE B
NAPLES, FLORIDA 34105
and
BEAU KEENE, P.F_
KEENE ENGINEERING
3785 AIRPORT ROAD I~ORTH, SUITE D
NAPLES, FLORIDA 34105
DATE FILED . January 26, 1.998
DATE REVISED July 29. 1998
DATE REVIEW15D BY CCPC Ju..q9 18, 1998
DATE APPROVED BY BCC July 28:1998
ORDINANCE NUMBER 98-64
TABLE OF CONTENTS
TABLE OF CONTENTS
LIST OF EXHIBITS ii
STATEMENT OF COMPLIANCE 1
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 2
SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5
SECTION I!1 RESIDENTIAL AREAS PLAN 8
SECTION N GOLF COURSE/RECREATIONAL AREAS PLAN 14
SECTION V PRESERVE AREAS PLAN 15
SECTION VI DEVELOPMENT COMMITMENTS 16
LIST OF EXHIBITS
EXHIBIT "A' PUD MASTER PLAN
EXHIBIT 'B" PUD WATER MANAGEMENT PLAN
EXHIBIT 'C' DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING
EXHIBIT 'D' DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING
EXHIBIT 'E' DEPICTION OF PROJECT ENTRY SIGN
EXHIBIT 'F' DEPICTION OF PROJECT ENTRY SIGN
EXHIBIT 'G' LEGAL DESCRIPTION
iii
STATEMENT OF COMPLIANCE
The development of approximately 83.92+ acres of property in Collier County, as a
Pinned Unit Development to be known as Whippoorwill Woods PUD will be in
compliance with the planning goals and objectives of Collier County as set forth in the
Collier County Growth MaP. agement Plan. The residential facilities of the Whlppoorwilt
Woods PUD will be consistent with the growth policies, land development regulations.
and applicable comprehensive planning objectives for the following reasons:
1. The subjed property's location in relation to existing or proposed community
fadlilies and services permits the developrnent's residential density as described
in Objective 2 of the Future Land Use ElemenL
2. The project development is compatible and complimentary to surrounding land
uses as required In Policy 5.4 of the Future Land Use Element.
3. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
4. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3,1 .H and 3.1.L of the
Future Land Use Element.
5. The project development is planned to proted the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities ElernenL
6, The project is located within the Urban Residential Mixed Use District and the
Rosidential Density Band around the Pine Ridge Road - Interstate 75 Activity
Center, on the Future Land Use Map. The projected density of 8.39 dwelling
units per acre is in compliance with the Future Land Use Element of the Growth
Management Plan ~.ased on the following relationships to required cdteda:
Base Density 4 dwelling units/acre
Activity Center Density Band +3 dwellina unitlJe(;~
Maximum Permitted Density 7 dwelling units/acre
7, All final local development orders for this project are subject to Division 3,15,
Adequate Public Facilities, of the Collier County Land Development Cede.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the IocaUon and ownership of the
property, and to describe the exisUng conditions of the property proposed to be
developed under the project name of Whippoorwffi Woods PUD.
1.2 LEGAL DESCRIPTION
The subject property being 83.92+ acres, and located In Section 18, Township
49 South, Range 26 East, and as described on Exhibit 'G':
1.3 PROPERTY OWNERSHIP
The Dubinsky property is under sales contract and the Bozzo and Cain
properties are under option to purchase contracts held by:
William L. Hoover, Trustee, 3785 Airport Road North, Suite B, Naples, Florida
34105, of the Whippoorwill Woods Land Trust and Beneficial Ownership
Agreement dated January 20, 1998.
1.4 .(}ENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located between Whippoorwill Lane and Interstate
75, 314 mile south of Pine Ridge Road (unincorporsted Collier County),
Flodda.
B, The entire project site currently has Agricultural Zoning and is proposed
to be rezoned to PUD.
1.5 pHySICAL DESCRIPTION
The project site is located within the 1-75 Gate Canal Drainage Basin according
to the Collier County Dmlnage Atlas. The proposed outfall for the pmjed is the
D-2 Canal, located along the eastern side of 1-75, The peak discharge rate frorn
the design storm will be limited to 0.15 cubic feet per second/acre per Collier
County Ordinance No. 90-10.
Natural ground elevation vades from 10.7 NGVO at the northerly edge of the
property to 9.4 NGVD at the southwest comer of the site; average site elevation
is 10.3 NGVD with a general north to south gredienL The entire site is located
within FEMA Flood Zone 'X' with no base flood elevation spedfled.
The water mnagernent system for the project proposes the construction of a
perimeter berm with crest elevation set at or above the 25-year, 3-day peak flood
stage. Water quality pretreatment is proposed in the on. site lake system prior to
discharge to the wetland preserve areas.
The water management system will be permitted by South Flodda Water
Management District (SFWMD) through the Environmental Resource Permit
process. All rules and regulations of SFWMD will be imposed upon this project
including but not limited to: storm attenuation with a peak discharge rate of 0.15
cfs/acre; minimum roadway centedine, pedrneter berm and finished floor
elevations; water quality pre-treatment; and wetland hydrology maintenance.
Per Collier County Soil Legend, dated January 1990, the types of soil found
within the limits of the property are: #2 - HolDpaw Fine Sand, Limestone
Substratum in the northwest potion of the site, f27 - HolDpaw Fine Sand in the
souttraest comer, f3 - Malabar Fine Sand in the middle portion, and #21 - Boca
Fine Sand in the eastern portion of the site. All soll types encountered on the
site are Itsted as hyddc with the exception of W21 - Boca Fine Sand located in
the eastern portion of the site.
The site vegetation consists pdmadly of FLUCCS #411 - pine fiatwoods and
FLUCCS fffi24 - pine cypress cabbage palm wetlands. The wet/and areas show
evidence of impacts through a high infestation of melaleuca and a lowered wet
season water table due to surrounding canals. The project as proposed will
Incorporate restored upland and wetland preserve areas maintained in a
contiguous arrangement.
1.6 PROJECT DESCRIPTION
The WhlppoonNlll Woods PUD is a project composed of a maximum of 462
residential units. These residential units are projected to be developed
villas, coach homes, carriage homes, or condominiurns. Up to 10 acres of the
project may be developed for adult living facilities and/or nursing homes, with
approval of a Conditional Use Petition. For each acre allocated for development
of the adult IMng facilities and/or nursing homes, 5.5 units shall be subtracted
from the 462 residential units permitted within this PUD. Recreational facilities
will be provided in conjunction with the dwelling units. Residential land uses,
recreational uses, and signage are designed to be harmonious with one another
in a natural seffing by using common architecture, quality screening/buffering,
end native vegetation, whenever feasible.
3
1.7 SHORT TITLE
Thla Ordinance ahall be known and cited as the "Whippoorwill Woods Planned
Unit Development Ordinance".
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 ~
A. Regulations for development of the Whippoorwill Woods PUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the
Collier County Land Development Code and Growth Management Plan in
effect at the lime of issuance of any development order to which said
regulations relate which authorizes the construction of improvements,
such as but not limited to Final Subdivision Plat, Final Site Development
Plan, Excavation Permit and Preliminary Work Authorization. Where
these regulations fail to provide developmental standards, then the
provisions of the most similar district in the Land Development Code shall
apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the lime of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Whippoorwill Woods PUD shall
become part of ~e regulations which govern the manner in which the
PUD site may be developed.
D. All applicable regulations, unless specifically waived through a variance
or separate provision provided for in this PUD Document, shall remain in
full force and effect.
E. Development permitted by the approval of this petition will be subject to I
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of l~e Collier County Land Development Code at the earliest, or
next, to occur of either Final She Development Plan approval, Final Plat
approval, or building permit issuance applicable to this developmenL
5
2.3 DESCR!PTIQN QF pROJECT .DENSITY OR INTENSITY OF LAND USES
A maximum of 462 dwelling units shall be constructed in the residential areas of
the project. The gross project area is 83.92± acres. The gross project density
shall be a maximum of 5.5 units per acre. Parcels "A", "B", and "C" as described
in Exhibit "G" of this document shall be allocated residential units based on the
percentage their acreage is of the entire PUD's acreage, Residential units may
be transferred across parcel boundaries with notarized written permission of the
property owner losing the units being transferred, Up to 10 acres of the project
may be developed for adult IMng facilities and/or nursing homes, with approval
of a Conditional Usa Petition. For each acre allocated for development of the
adult living facilities and/or nursing homes, 5.5 units shall be subtracted from the
462 residentiaLunits permitted within this PUD.
2.4 RELATED pBOJECT PLAN APPROVAL REQUIREMENTG
A. The general configuration of the land usas are Iljustrated graphically on
Exhibit "A", PUD Master Plan, which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the PUD Master Plan, Division 3.2
SubdMsions of the Land Development Code, and the plaffing laws of the
State of Flodda.
B. The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to
the issuance of a building permit or other development order.
C, Appropriate instruments will be provided ~t the time of infrastructural
improvements regarding any dedications to Collier County and the
methodology for providing perpetual maintenance of cernmon facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units
my be designated as models. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
B. Temporary sales trailers and construction trailers can be placed on the
site after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to ~e other requirements of Section 2.6.33.3 of
the Land Development Code.
2.6 PROVISION FOR OFF-SITE REMOVAl., OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a 'Development
Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
B. All other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
SECTION III
RESIDENTIAL AREAS PLAN
3.1 pURPOSE
The purpose of this Section Is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
3.2 !V~XiMUM DWELLING UNITS
The maximum number of residential dwelling units within the PUD shall be 462
units.
3.3 pERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. pqrmitted Pdncloal Uses and Structures:
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings (includes duplexes).
3. Multi-family dwellings (includes townhouses, garden apartments,
villas, coach homes, and carriage homes).
4. Any other use deemed comparable in nature by the Development
Services Director.
B. permltt~ AcceSSory Usqs and Structures;
1. Customary accessory uses and structures associated with the
permitted principal uses including carports, garages, and utility
buildings.
e 2. Recreauonal uses and faciliUes including swimming pools, tennis
courts, volleyball courts, chlldren's playground areas, tot lots, boat
docks, pitching and puffing golfing faciliUes, walking paths, picnic
areas, recreation buildings, verandahs, and basketball/shuffle
board courts.
3. Manager's residences and offices, temporary sales trailers, and
model units.
4. Gatehouse and entrance features,
5. Essential services, including intedm and permanent utility and
malntenance facilities.
6. Aqy other accessory use deemed compatible by the Development
Services Director.
C. (;;91qditional Uses and Structures;
1. Adult living faciliUes and nursing homes.
3.4 DE~/ELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses within the
Whippoorwill Woods PUD, Front yard setbacks in Table I shall be
measured as follows:
1. If the parcel is served by a public or private right-of-way, the
setback is measured from the adjacent right-of-way line,
2. If the parcel is served by a non-platted private drive, the setback is
measured from the back of curb or edge of pavemenL If the parcel
is served by a platted pdvate drive, the setback is measured from
the road easement or property line.
(a) Carports am permitted within parking areas.
(b) Garages are permitted at the edge of vehicular pavement
which provides access to a designated parking space.
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
~ ~ TWO-FAMILy MULTI-FAMILY & A.L.F. OR
Minimum Lot Area (oer unltl 7,500 Sq. Ft. 5,000 Sq. Ft. NA for M/F & 0.45 FAR for ALF
Minimum Lot Width 60' Interior Lots (1) g0' Interior Lots (1) NA
(45')(2)
70' Comer Lots 110' Comer Lots NA
(55')(2)
Front Yard Setback 25' 20' 20'
~ide Yard Setback
1 Story , 0' &10' or both 5' 0' &10' or both 5' 7.5'orl/2BH
2Story 0° &15' or both T.5' 0' &15' or both 7.5' 10'orl/2BH
3 Story NA NA 12.5' or 1/2 BH
Prindpal Structure 20' 20' 20'
Accessory Structure 10' 10' 10'
PUD Boundary Setback
Prlndp~l Structure NA NA 20' (3)
A__c_~_qsory Structure NA NA 10'
Lake Setback (4) 20' 20' 20'
Preserve Area Setback 25' 25' 25'
Distance Between Structures
Main/Principal
1-Story 10' 10' 15' or 1/2 SBH
2-Story 15' 15' 20' or 1/2 SBH
3-Story NA NA 25' or 1/2 SBH
Accessory Structures 10' 10' 10'
Maximum Helaht:
Principal Building 35' and 2 stories 35' and 2 stories 40* and 3 stories
Accessory Bulk:ling 20'/Clubhouse 35' 20'/Clubhouse 35' 20'/Clubhouse 35'
Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. 1 bedroom = 700 Sq. FL/2
Bedroom - 900 Sq. FL/3 Bed-
room = 1100 Sq. FL for M/F &
NA for ALF
Minimum carport or garage 2 car garage 1 car garage I carport spaca or I car garage
perunit FOR M/F & NAforALF
e (1) May be reduced on cuR!e-sac lots.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family
stmcturo ts on an individually platted lot.
(3) Three-story buildings ahall be set back a minimum of one hundred f~ty feet from all PUD
boundsMs.
(4) Lake set backs are measured from the control elevation established for the lake,
Io
B. Off-Str~t Parking and Loading Reauirernents:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permlt application.
C. O~n ~i>ace/Natural Habitat Preserve Area Reaulrements:
1. A minimum of sixty (60) percent open space, as described in
Section 2.6.32 of the Land Development Code, shall be provided
on-site.
2. A, minimum of twenty-five (25) percent of the viable naturally
functioning native vegetation on-site (natural habitat preserve
area), including both the understory and the ground cover
emphasizing the largest contiguous area possible, shall be
retained on-site, as described in Section 3.9.5.5.3 of the Land
Development Code.
D. J~jR~scaolna and Buffering Reauirements:
1. A barre, wall, fence, or combination thereof, may be provided by
the developer adjacent to the eastern PUD boundary along
Interstate 75. Such screening shall have a height of between three
and one-half (3.5) and seven (7) feet above the elevation of the
nearest westbound travel lane of Interstate 75. Such buffer may
have occasional openings to provide glimpses of the project from
Interstate 75. In order to rnaximlze security and minimize impacts
on existing trees, walls or fences may compdse up to eight (8) feet
in height of any barre/wall or berm/fence combination.
2. If landscape buffers are deterrnlnod to be necessary adjacent to
wetland preserve areas, they shall be separate from those
preserve areas.
3. Where two separate single-family, two-family, or multi-family/adult
living facility projects within the PUD abut each other, buffering and
screening between them shall not be necessary, due to the unffiod
architectural theme throughout the entire PUD, as described within
Section 3.4E. of this PUD DocurnenL Where a single-family or
two-femity project within the PUD abuts · multi-family/adult living
facility project within the PUD, · ten (10) foot buffer shall be
provided between them, with trees provided at twenty-five (25) feet
on canter and a single hedge also provided within such buffer.
Such trees and shrubs shall meet the standards for plantings, as
described within Section 2.4.4 Plant Matedal Standards and
Installation Standards, of the Land Development Code.
E. 4a~hltectMral Standards
1. All buildings, lighting, signage, and landscaping shall be
architecturally and eestheUcally unified. Said unified architectural
theme shall include: a similar architectural design and use of
slmiTar materials and colors throughout all of the buildings, signs,
and fencas/walls to be erected on all of the subject parcals.
Ltandscaping and streetscape materials shall also be similar in
design throughout the subject site. All buildings shall be primarily
finishod in light subdued colors with stucco excapt for decorative
trim. Within any mulU-famlly or adult living facility project all roofs,
excapt for carports, shall be peaked and finished in tile or metal.
Within any single-family or two-family project all roofs, excapt for
carports, shall be peaked and finished in tile, metal, or architectural
designed shingles (such as Timbedine).
2. All pole lighting, internal to the project, shall be architecturally
designed, limited to a height of thirty (30) feet, and similar
architecturally to one of the lighting fixtures shown on Exhibits 'C'
or 'D".
F, Skins
Signs shall be permitted as described within Division 2.5 of the Collier
County Land Development Code, excapt as described in the following
instancas.
1. Up to two (2) ground or wall signs shall be permitted at the main
entrancas to the PUD and located within the Interior of the PUD.
Such sign(s) shall contain only the name of the entire 83.92:b-acre
PUD project, names of individual communities within the PUD
projar, and insignia or motlos of the development. Such ground or
wall sign(s) shall be similar architecturally to one of the signs
.e shown in Exhibits 'E" or 'F' and architecturally compatible with the
unified architectural theme of the entire PUD (as described in
Section 3.4E. of this PUD Document). Said ground or wall sign(s)
shall not exceed a combined area of sixty-four (64) square feel
12
and shall not exceed the height or length of the wall upon which it
is located.
2. A ground sign shall be pertaRred along the eastern PUD boundary
adjacent to Interstate 75. Such sign shaft contain only the name of
the entire 83.92~-acre PUD project and shall be compatible
architecturally with the unified architectural theme of the PUD
described in Section 3.4E. of this PUD Document). Exclusive of
landscaping, such ground sign shall not exceed an area of twenty-
four (24) square feet.
13
SECTION N
RECREATIONAL AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Recreational Areas as shown on Exhibit "A", PUD Master Plan.
4.2 pERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. permitted Princioal Uses and Structures:
1. Open space recreational activities and uses.
2. Water management facilities and essential se~ces.
3. Golf puffing greens end pitching ames.
4. Any other use deemed comparable in nature by the Development
Services Director.
B. permitted Accessory Uses and Structures:
1. Customary accessory uses and structures associated ~,~th the
pdndpal uses of this district.
14
SECTION V
PRESERVE AREAS PLAN
5.1 PURPOSE
The purpose of this Section is to identify specffic development standards for the
Preserve Areas as shown on Exhibit "A", PUD Master Plan.
5.2 pERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. permitted Pdncloal Uses and Structures:
1. Passive recreational areas including recreational shelters.
2. Biking, hiking, and nature t~'afis, and boardwalks,
3. Water management facilities and essential services.
4. Native preserves and wildlife sanctuaries.
5. Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, after the appropriate
environmental review.
6. Any other use deemed comparable in nature by the Development
Services Director.
SECTION V!
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, end regulations applicable to this PUD, in effect at the time of Final
Plat, Final SIte Development Plan approval or building permit application as the
case may be. Except where specifically noted or stated otherwise, the standards
end spedficaUons of the official County Land Development Code shall apply to
this project even if the land within the PUD is not to be platted. The developer,
his successor and assigns, shall be responsible for the commitments outlined in
this docurnenL
The developer, his successor or asslgnee, shall follow the PUD Master Plan and
the regulations of this PUD as adopted and any other conditions or modificaUons
as may be agreed to In the rezoning of the property. In addition, any successor
in tiUe or assignee is subject to the commitments within this Agreement.
6.3 pUD MASTER PLAN
A. Exhibit "A", PUD Master Plan Iljustrates the proposed development and is
conceptual In nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and rnay be
varied at any subsequent approval phase such as Final Plaffing or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be
made from Ume to time.
B. All necessary easements, dedications, or other Instruments sholl be
granted to insure the conUnuod operaUon and maintenance of all service
utilities and all common areas in the project.
16
6.4 ~(;;HEDtrlLE QF DEVE~LOPMENT/MQNITQRING REPORT
A Site Development Plan shall be submitted per County regulations In effect at
tim of site plan submittal. The project is projected to be completed in one (1) or
two (2) phases.
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7.3.4 of the Land Development Code.
B. Monitqdn{3 RePort; An annual monltodng report shall be submitted
pursuant to Section 2.7.3.6 of the Collier County Land Development
Code.
AL This project shall be required to meet all County Ordinances in effect at
the time final construction documents am submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
8.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management Dlstdct (SFWMD)
Surface Water PerTnit Application shall be sent to Collier County
Development Services with the SDP submittal. A copy of the approval of
this SFWMD Surface Water Permit shall be submitted prior to Final Site
Development Plan Approval.
B. An Excavation Permit will be required for the proposed lakes in
accordance with DMsion 3.5 of the Collier County Land Development
Code and SRNMD Rules.
C. Lake setbacks from the perimeter of the PUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
6.7 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project am to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 97-17, as amended, and other applicable County
rules and regulations.
B, No on-site central sewage collection, treatment and disposal system
shall be permitted.
6.8 TRAFFIC
A, The applicant shall be responsible for the installation of artedal level
street lighting at all project entrances. Installation shall be in place prior
to the issuance of any certificates of occupancy.
B. Substantial competent evidence shall be provided by the developer to the
effect that the project is designed to provide capacity and treatment for
historical roadway runoff. In addition, site drainage shall not be permitted
to discharge dlre~y into any roadway drainage system,
C. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as
amended, and shall be paid at the time building permits are issued unless
otherwise approved by the Board of County Commissioners,
D, Any access road extensions to the project constructed by the developer
shall be to Collier County minimum construction standards.
6.9 PLANNING
A. Pursuant to Section 2.2.25.8.1 of the Land Development Cede, if during
the course of site deadng, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discevery shall be immediately
stopped and the Collier County Cede Enforcement Department
contacted.
6.10 ENVIRONMENTAL
A. Environmental permiffing shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Review Staff. Removal
of exotic vegetation shall not be counted towards mitigation for impacts to
Collier County jurisdictional wetlands.
B. All conservation ames shall be designated as conservationlpmservation
tracts or easements on all construction plans and shall be recorded on
the plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordance with Section
3.2..8.3.4 of the Collier County Land Development Cede.
In the event the project does not require platting, all conservation area
shall be recorded as conservation/preservation tracts or easements
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
C. Buffers shall be provided around any wetlands, extending at least fifteen
(15) feet landward from the edge of wetland preserves in all places and
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers am not possible, structural buffers shall be
provided in accordance with the State of Flodda Environmental
Resources Permit Rules and be subject to review and approval by the
Current Planning Environmental Review Staff.
D. An exotic vegetation removal, rnonltodng, and rnalntensnce (exotic-free)
plan for the site, with emphasis on the conservation/preservation sreas,
shall be submitted to Current Planning Environmental Review Staff for
review and approval pdor to Final Site Development Plan/Constmclk}n
Plan approval.
19
EXI.ffBIT ~
DEPICYIObI OF AKCHITECI'UIIALLY DESIGIN'ED POLE LIGHTIN(]
EXI-ffBIT "D"
DEPICI'IOI4 OF AKCI-ffTECFURALLY DESIGNED POLE LIG'HTIN(]
EXHIBrr"E'
DEPICTION OF PKOIECT ENTRY SIGN
EXHIBIT "F"
DEPICTION OF PKOrECr ENTRY SIGN
EXHIBIT '6'
Parc.~l "A" is comprised of 4 tracts of land that ar~ described as:
The North 112 ofthe South 112 of the Norltnst 1/4 of th~ Southeast l/4,1ess land
taken for the Interstate 75 right-of-way, of Section Ig, Township 49 South, Range 26
East, Collier County, Florida.
The South !/2 of the South 1/2 of the Noalzsst !/4 of the Southeast I/4, less land
taken for the Interstate 75 fight-of-way, of Section I g, Township 49 South, Range 26
The South i/'2 of the North 112 of the Southeast I/4 ofthe Southeast I/4, less land
taken for the ~ 7~ fight-of-way, of Section 18, Township 49 South, Range 26
From th~ Southeast e~ner of Section 18, Township 49 South, Range 26 East,
Collier County, Florida, 5 8~i34'32"W 323.99 Feet; thence N0d39'47"W 970.29 Feet to
the point of beginning; thence N89d0e47"W 977.45 Feet; thenc~ N0d34'42'~/357.41
Feet; thence Nggd35'lg"E 976.54 Feet; thence S0d39'47"E 379.61 Feet to the point of
b~nniIlg.
Parcel "B" is comprised of 3 tracts of land thai ar~ desre'bed as:
The West 112 of the Southeast 1/4 of the Southeast 1/4 of the Southeast 1/4,
Section 1 g, Township 49 South, Range 26 East, Collier County, Florida.
The West 112 of the South 112 of the Southeast 1/4 of the Southeast 1/4, Section
18, Township 49 South, Range 2t~ East, Collier County, Florida.
The South 112 ofthe Southwest 1/4 ofthe Southeast 1/4 of Section lg, Township
49 South, Range 26 East, Collier County, Florida.
Pamel 'C"' is a singe tract descn~xl as:
The North i/2 ofthe Sotrthwest 1/4 of the Southeast 1/4 of Section 18, Township
49 South, Range 26 East, Collier County, Florida.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Gollier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 98-64
Which was adoptedby the Board of County Commissioners on the 28th day
of July, 1998, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 31st day of July, 1998.
DWIGHT E. BROCK .'
·
Clerk of Courts ana ~1~"'
Ex-officio to Boa~d'.o'~
County Commissioners'
y: au
Deputy Clerk