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Ordinance 97-27 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED $627N, BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS RICHLAND PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF IMMOKALEE ROAD (C.R. 846) AND C.R. 951, IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 150 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-03, AS AMENDED, THE FORMER RICHLAND PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop of PMS, Inc., representing Pebblebrooke Lakes Limited Partnership, petitioned the Board of County Con~nissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Section 27, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map nun~ered 8627N, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 96-03, as amended, known as the Richland PUD, adopted on February 13, 1996 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this [0~____/h day of' June __, 1997. ATTEST:.,. ~/ BOARD OF COUNTY COMMISSIONERS DWIGHT E. 8ROCK{ CLERK COLLIER COUNTY, FLORIDA " I~ . .A~co~~~~~~X~' APPROVED AS~ FORM AND LEGAL SUFFICIENCY ASSISTANT COUNTY ATTORNEY 1/I)UD-90-01 (2) ORDINANCE/ This ondlnanee f))ed wlth the PLANNED UNIT DEVELOPMENT DOCUMENT FOR . RICHLAND A PLANNED RESIDENTIAL COMMUNITY Prepared by: PMS, Inc. of Naples 2335 Tamiami Trail N. #303B Naples, Florida 34103 Date Revfewed by CCPC: Dale Approved by BCC: 02/13/96 Ordinance Number.. 96-03 Revised: 06/10/97. Ordinance Number. 97-27 EXHIBI~ STATEMENT OF COMPLIANCE & SHORT TITLE SECTION I Property Ownership & Description Statement of Compliance SECTION II Project Development SECTION III Residential Development Area SECTION IV Multi-Family Mid-Rise Residential Area SECTION VI Retail Development Area / Community Commercial SECTION VII Reserve Areas SECTION VIII General Development Commitments LIST OF EXHIBITS & TABLES EXHIBIT A Vicinity Map EXHIBIT B PUD Master Plan EXHIBIT C Activity Center Land Use TABLE 1 Development Standards TABLE 2 Estimated Absorption Schedule MAY 3.3 1997 I TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE AND SHORT TITLE ii SECTION I Legal Description. Property Ownership and General Description 1-1 SECTION II Pl'oject Development 2-1 SECTION III Residential District 3-1 SECTION IV Community Com~;~ercial District 4-1 SECTION V Reserve District 5-1 SECTION VI General Development Commitments 6-1 LIST OF EXHIBITS AND TABLES EXHIBIT "A" PUD Master Plan TABLE 1 Development Standards for "R" Residential Areas MAY J. 3 1997 STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of George H. Wemer and George W. Will. hereinafter referred to as the Developer. to create a Planned Unit Development (PUD) on 150 +/- acres of land located in Section 27, Township 48 South, Range 26 East. Collier County, Florida. The name of this Planned Unit Development shall be Richland. The development of Richland will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Future Land Use Element and map of the Growth Management Plan and other applicable regulations for the following reasons: 1. The subject property is within the Urban Mixed Use District/Urban Residential Subdistrict and, the Activity Center Mixed Use DistrictJActivity Center Subdistrict as identified on the Future Land Use Map as required in Objective 1. of the Future Land Use Element (FLUE). 2. The proposed density of Richland is 4.3 dwelling units per acre which is less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four dwelling units per acre. Certain parts of the subject property lie within a one mile radius of an activity center qualifying the area for an additional 3 dwelling units per acre, while an additional dwelling unit per acre is available because the project fronts on two arterial streets. 3. Richland is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The development of Richland will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. 6. Richland is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The project will be served by a complete range of services and utilities as approved by the County, 3. 3 1997 8. The subject property includes an Activity Center Designation, which is a preferred location for commercial and mixed-use developments, 9. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. SHORT TITLE This ordinance shall be known and cited as the "RICHLAND PLANNED UNIT DEVELOPMENT ORDINANCE". SECTION 1 ~-EGAL DESCR. IPTION, PROPERTY OWNERSHIP, and GENERAL DESCRIPTION 1,-1 PURPOSE The purpose of this Section is to set forth the legal description and ownership of Richland, and to describe the existing condition of the property to be developed. 1-2 LEGAL DESCRIPTION The northeast 114 of Section 27, Township 48 South, Range 26 East, less the East and North 100 feet for the purpose of road right-of-way, located in Collier County, Florida. , 1-3 TITLE TO PROPERTY The Property is currently under the ownership of George H. Werner and George W. Will, 5500 Tamiami Trail North, Naples, Florida, 34108. t.4 GENERAL DESCRIPTION OF PROPERTY A. The project site is located in Section 27, Township 48 South, Range 26 East, and is bordered on the north by Immokalee Road (CR~846), on the east by CR-951, on the south by Oakridge Middle School and on the west by undeveloped agricultural land and Laurel Oak Elementary School B. The zoning classification of the subject property as of this submittal is PUD (PLANNED UNIT DEVELOPMENT). C. The site's vegetation includes pine flatwoods, saw palmetto, slash pine and sabal palm. It also contains areas of cypress, fern and sawgrass. Soils on the site are Immokalee fine sand and Arzell fine sand. A small area of pompano fine sand is located in the southeast corner of the site. D. The surrounding area is generally undeveloped, and is located within the Activity Center Designation and Residential Density Band of the Future Land Use Map to the Growth Management Plan. E. Elevations in the area range from 13.0 - 15.0 feet according to U.S.G.S. quadrangle maps. The site is outside of the flood plane and requires development to be sited 18 inches above the crown of the road according to flood insurance rate maps. 1 - 1 MAY 13 1997 PI- -{~ ! PROJECT DENSITY A. The total acreage of Richland is approximately 150 acres. The maximum number of dwelling units to be built on the total acreage is 650. The number of dwelling units per gross acre is approximately 4.3. units. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. Corninertial uses occupy approximately 21.8 acres with a maximum gross leasable floor area of 150,000 square feet. These described land uses are set forth on the PUD Master Plan. Exhibit "A". B. At all times, property included within the Richland PUD shall be included in determining project density including property reserved or dedicated for public uses, such as, but not limited to, public roadways, easements, reserves, and landscape buffers. PROJECT.DEVELOPMENT 2-1 PURPOSE The purpose of this Section is to generally describe the plan of development for Richland. and to identify relationships to applicable County ordinances, policies, and procedures. 2-2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. Richland, a private community, will include a broad range of Single-family. Multi-family. Community Commercial. Hotel/Motel, Stormwater Management. Open Space and Reserve areas. Each single-family. multi-family and commercial parcel will t. ,~ served with publicly provided utilities, including potable water. sewer and electricity. Amenities proposed to be provided in the project include, but are not limited to. structures designed to provide social and recreational space. lakes, natural and landscaped open spaces. B. The Master Plan is iljustrated graphically on Exhibit "A". A land use summary indicating approximate land use acreages is shown on the plan. The location, size. and configuration of individual tracts shall be determined at the time of Preliminary Subdivision Plat approval with minor adjustments at the time of Final Plat Approval, in accordance with Article 3, Division 3.2, Section 3.2.9 of the Collier County Land Development Code. 2-3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Richland shall be in accordance with the contents of this PUD ordinance and applicable sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD ordinance) and Growth Management Plan which are in effect at the time 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, and Excavation Permit. Where this PUD ordinance fails to provide developmental standards, then the provisions of the most similar zoning distdct or section of the Collier County Land Development Code shall apply. 2J MAY 13 1997 B. Unless otherwise defined herein, 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 time of development order application. C. Development permitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinance, Article 3, Division 3.15 of the Collier County Land Development Code. D. Unless modified, waived or excepted by this PUD or by subsequent requests, the provisions of other applicable land development codes remain in effect with respect to the development of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Richland Master Plan am pad of the regulations which govern the manner in which the !and tory be developed. 2-4 LAND USE The Master Development Plan (Exhibit "A") shows proposed land uses of development for each parcel. Minor variations in acreage sh~!l be permitted at final design to accommodate vegetation, encroachmerits, utilities, market conditions, and other hereto unforeseen site conditions. LAND USE SCHEDULE LAND USE TypI~ ACREAGE RESIDENTIAL 128.5 +l- (open space. reserve. water management & lakes) COMMERCIAL 21.8 +/- (open space, reserve. water management & lakes) TOTAL 150.3 +/- THE ABOVE APPROXIMATE ACREAGE IS SUBJECT TO CHANGES PENDING FINAL DESIGN AND PERMITTING, AND SUPERSEDES ALL ACREAGE INFORMATION PREVIOUSLY INCLUDED IN THE APPROVED PUD DOCUMENTS, 2-2 I MAY 13 1997 2-5 SITE DEVELOPMENT PLAN APPROVAL The provisions of Article 3, Division 3.3 of the Collier County Land Development Code shall apply to the development of platted tracts or parcels of land prior to the issuance of a building permit or other development order. 2-6 RESUBDIVISION Resubdivision shall comply with Section 3.2.7.5 of the Collier County Land Development Code. 2-7 EASEMENTS FOR UTILITIES A. Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be done in substantial compliance with the Collier County Land Development Code. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2-8 MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. 2-9 USE OF RIGHTS-OF-WAY Utilization of lands within all project fights-of-way for landscaping, decorative entrance ways and signage may be allowed subject to review and administrative approval by the Collier County Planning Services Director for engineering and safety considerations, during the development review process and prior to any building permits. 2-10 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land Development Code. 2-3 13 1997 2-11 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Development Code. 2-12 PUD MONITORING An annual monitoring repod shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. 2-13 DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property owner association(s) which will be responsible for, maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. 2-14 OFF-STREET PARKING AND LOADING All off-street parking and loading facilities shall be designed in accordance with Division 2.3 of the Collier County Land Development Code.. 2-15 OPEN SPACE REQUIREMENTS A. A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of the Collier County Land Development Code. The total project is 150 +/- acres requiring a minimum of 45 acres to be retained as open space throughout the Richland PUD. This requirement shall not apply to individual development parcels. B. Of the project's total 150 +1- acres, the following acreages represent 30% of the total site, all contributing to open space. Lake : 22+1- acres Reserve: 16+1- acres Buffer : 7+/- acres TOTAL: 45+~- acres of open space 2-16 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land Development Code, 25% of the viable naturally functioning native vegetation on site shall be retained. 2-17 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code. accommodation shall be made for the futurs use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2-18 SIGNS , Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2-19 LANDSCAPING Landscaping shall be in accordance with Article 2, Division 2.4 of the Collier County Land Development Code. 2-20 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from Richland shall be limited to an amount up to 10 percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2-2'1 EXCAVATION AND VEGETATION REMOVAL Improvement of property shall be prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental I AY 3 1997 Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to proted the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. A site clearing, grading, filling and revegetation plan where applicable shall be submitted to the Community Development and Environmental Services Administrator, or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall cleady depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: 1. Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a. Provision of a site filling and grading plan for review and approval by the County; b. Provision of a revegetation plan for review and approval by the County; c. Payment of the applicable review fee for site alteration plan review. 3. Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a, A site cleadng plan shall be submitted for review and approval that shows the acres to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b. The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvemls. ~G. ......... c. The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. d. The permittee shai~ ~ost a surety bond or an irrevocable standby letter of cred~* !."! ~.-'.r~ ~,i'r:ount of 110% of certified cost estimate as previously detai!e,.~ ir~cluding the maintenance cost for 3 years. The amount of the secudty may be reduced upon completion of the approved revegetation plan and upon occupation of the site. A separate security will not be required if such costs are included in subdivision security. A vegetation removal permit is not required for the removal of protected vegetati?n prior to building permit issuance if the conditions set forth in Division 3.9 of the Land Development Code have been met. 2-22 SUBDIVISIONS Subdivisions shall be in accordance with Article 3, Division 3.2 of the Collier County Land Development Code. 2-7 MAY 13 1997 RES!,D .ENT!A,I., 3-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit "A") as "R" Residential. 3-2 MAXIMUM DWELLING UNITS A maximum number of 650 residential dwelling units may be constructed on lands designated "R", 3-3 GENERAL DESCRIPTION A. Areas designated as "R" on the Master Land Use Plan are designated to accommodate a full range of residential dwelling unit types. B. Approximate acreage of land use tracts have been indicated on the PUD Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreage of a~l development tracts will be provided at the time of permitting. Residential tracts are designed to accommodate internal roadways. C. Single-family lot sizes and development regulations shall be in accordance with Table I of this section and shall be identified by the Developer at the time of Preliminary Subdivision Plat approval pursuant to Collier County Zoning Regulations set forth in Division 3.2 of the Collier County Land Development Code. D. Multi-family uses and development regulations shall be in accordance with Table 1 of this section and shall be identified by the Developer at the time of Site Development Plan approval pursuant to Section 2.5 of this document and applicable Collier County Regulations set forth in Division 3.3 of the Co~lier County Land Development Code.. 3-1 ,,,. ~ MAY ! 3 1997 3-4 PERMITrED 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 Principal Uses and Structures 1) Single-family detached dwelling units. 2) Single-family attached and townhouse units. 3) Single-family zero lot line dwelling units. 4) Duplex dwelling units. 5) Multi-family dwelling units. 6) Nursing, rest homes and adult congregate living facilities. 7) Recreational facilities including but not limited to parks, playgrounds, ,cpmmonly owned open space, pools, tennis courts, community buildings; guardhouses; essential services and utility structures. 8) Model homes, s'~ses centers, and temporary development/construction offices shall be permitted in conjunction with the promotion of the development. 9) Water management facilities and lakes. 10) Any other use which is in comparable in nature, with the foregoing uses which the Planning Services Director determines to be compatible in the "R" district. B. Permitted Accessory Uses and Structures 1) Customary accessory uses and structures, including but not limited to covered parking, attached and detached garages and swimming pools. 2) Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the "R" District. 3.5 PROPERTY DEVELOPMENT REGULATIONS A.Except as provided in Section 2.5(B), property development regulations for land uses in the "R" Residential District are set forth in Table 1. B. Site development standards for categories 1-4 uses apply to individual residential lot boundaries. Category 5 standards apply to platted parcel boundaries. 3-2 ^er D^ MAY ~. 3 1997 C. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for building relationships set forth in Table 1 shall be established during site development plan approval as set forth in Article 3, Division 3.3 of the Collier County Land Development Code in accordance with those standards of the zoning distdct 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 waived or reduced as provided by the provisions in 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 Section 2.16 of this PUD. F, Off-stre~t parking required for multi-family uses shall be accessed by parking ~.isles or driveways which are separate from any roads which serve more than one develop. ~ent, A green space area of not less that 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 zero lot line dwellings units are identi~eEI separately from single-family detached dwelling units with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table 1. Zero lot line dwellings shall be defined as any type of detached single-family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2.6, Subsection 2.6.27.4.4.1. through 3. H. No housing structure containing three (3) or more dwelling units may be located between two detached, single family structures which are less than 300 feet apart if they are a part of the same platted block. Approval to the location of multiple family structures relative to existing single family detached structures shall rest with the Development Services Director and shall be determined at the time of Site Development Plan pre-application meetings. I. No nursing, rest homes and adult congregate living facility shall be located within three hundred (300) feet of any single family detached or attached fl dwelling units, Generally, multiple family dwelling structures with dwelling units above dwelling units shall act as a transition area between nursing, rest homes, adult congregate living facilities and single family detached and attached dwelling units. 3-3 TABLE 1 DEVELOPMENT STANDARDS FOR 'R' RESIDENTIAL AREAS SINGLE FAMILY SINGLE ZERO SINGLE FAMILY MULTI- FAMILY LOT ATTACHED AND FAMILY DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS Category I 2 3 4 MInimum Lot Am 5,500 SF 5,000 SF 3,500 SF 3,000 SF 1 AC MInimum Lot 55 50 35 30 ] 50 Width '5 Front Yard Front Yard for Side l 0 ] '~ ] 0 l 0 15 Entry Garage Side Yard Rear Yard Principal :20 l 0 20 20 . BH Rear Yard l 0 Accessory Rear Yard 01 10 Maximum Building Height 02 Distance Between l S 10 0 or 15 .5 SBH .5 SBH Principal Structures Floor Area Min. 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF (S.F.) COMMUNITY COMMERCIAL DISTRICT 4-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master Plan (Exhibit "A") as "C" Community Commercial. 4-2 MAXIMUM SQUARE FOOTAGE A maximum of 150,000 square feet (gross floor area) of Community Commercial uses may be constructed on lands designated "C". 4-,3 GENERAL DESCRIPTION A. Areas designated as "C" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the "C" distdct is indicated on the Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Community Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities. and other similar uses. 4-4 PERMITTED USES AND STRUCTURES No building or structure or part 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 ) Agricultural Services (Group 0742, except no outside kenneling) 2) Amusement and Recreation Services, Indoor only (Groups 7911-7941, 7991, 7993, 7997, 7999) 3)Apparel and Accessory Stores (Groups 5611, 5621, 5631, 5641, 5651, 5661, 5699) 4) Automotive Dealers and Gasoline Service Stations (Groups 5511, 5521, 5531, 5541, 5551) 4-1 5) Automotive Repair, Services and Parking (Group 7542) 6) Building Materials, Hardware, Garden Supply (Groups 5231, 5251, 5261) 7) Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338. 7352, 7359, 7371-7379. 7384, 7389) 8) Communications (Groups 4832, 4833) 9) Depository Institutions (Groups 6011-6099) 10) Eating and Drinking Places (Groups 5812, 5813) 11) Engineering. Accounting and Management (8711-8721. 8741. 8742, 8748) 12) Food Stores (Groups 5411, 5421, 5441, 5451, 5461, 5499) 13) General Merchandise Stores (Groups 5311, 5331, 5399) 14) Health Services (Groups 8011-8049) 15) Home Furniture. Fumishings, and Equipment Stores (Groups 5712, 5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736) 16) H~tels and Motels (Group 7011) 17) Ifisurance Agents. Brokers and Service ( Group 6411 ) 18) Membership Organizations (Groups 8641. 8661) 19) Miscellaneous Repair Services (Groups 7622, 7623. 7629, 7631, 7641 ) (Group 7699 with approval of Planning Services Director who shall be guided by the objective of allowing uses that are compatible with existing development.) 20) Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984. 5992, 5993. 5999) 21) Motion Pictures (Groups 7832-7833) 22) Museum, Art Galleries (Group 8412) 23) Non-Depository Credit Institutions (Groups 6141, 6159, 6162, 6163) 24) Personal Services (Groups 7211-7212, 7215, 7219. 7221, 7231, 7241, 7251, 7291) 25) Real Estate (Groups 6531. 6541, 6552) 26) Social Services (Group 8351) 27) United States Postal Service (Group 4311) 28) Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the district. 4-5 ACCESSORY USES AND STRUCTURES A. Uses and Structures that are accessory and incidental to uses permitted. B. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible. 4-2 4-6 Development Standards A. Minimum lot area: Ten thousand (10,000') square feet B. Minimum lot width: One hundred (100') feet C. Minimum yard requirements: 1) Front yard: twenty-five (25') feet 2) Side yard: zero or ten (0' or 10') feet 3) Rear yard: twenty (20') feet D. Distance between principal structures: One half the sum of walls opposite one another but not less than ten (10') feet. E. Minimurp floor area of principal structure: seven hundred and fifty square feet (750') per building on the ground floor F. Landscaping and Off-Street Parking shall be in accordance with the Collier County Land Development Code. G. Maximum height: fifty feet (50') H. General application for Setbacks: Front yard setbacks shall comply with the following: 1 ) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent fight-of-way line. 2) If the parcel is served by a non-platted pdvate drive, setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private ddve, setback is measured from the road easement or property line. I. Maximum density of Hotel/Motel lodging facilities: 1 ) The net platted density of hotel rooms per acre may not exceed twenty-six (26) units per acre. RESERVE DISTRICT 5-1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within Richland designated on the Master plan (Exhibit "A"), as Reserve. 5-2 GENERAL DESCRIPTION Areas designated as Reserve on the PUD Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve District is to retain viable naturally functioning wetland systems, to allow for the restoration and enhancement of impacted or degraded wetland .,ystems, and to provide an open space amenity for the enjoyment of Richland residents. 5-3 PERMITTED USES AND STRUCTURES No building or structure, or part 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) Passive recreational areas. boardwalks, and recreational shelters. 2) Nature trails, excluding asphalt paved surfaces 3) Water management facilities, structures and lake bulkheads or other architectural treatments 4) Mitigation areas 5) Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Reserve District 5-1 5.,4 DEVELOPMENT STANDARDS A. All structures shall setback a minimum of ten (10') feet from Reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - twenty five (25') feet. D. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - five (5') feet. E. Minimum distance between all other principal structures - ten (10') feet. F. Minimum distance betw-'::~n all other accessory structures - five (5') feet. G. Minimum floor area - None required. H. Minimum lot or parcel area - None required. RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in the Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The Richland Commons Association shall be responsible for control and maintenance of lands within the Reserve District. SECTION VI GENERAL Dt~VELOPMENT COMMITMENTS 6-I PURPOSE The purpose of this section is to set forth the standards for development of the project. 6-2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except when specifically noted or otherwise set forth in this document. or as otherwise approved by Collier C.~unty. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set fodh herein. 6-3 PUD MASTER PLAN A. The Master Plan (Exhibit "A"), is an iljustrative preliminary development plan. The design elements and layout iljustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developers criteda and comply with all applicable requirements of this ordinance. B. The Planning Services Director shall be authorized to approve minor changes and refinements to the Richland Master Plan upon written request of the Developer. C. The following limitations shall apply to such requests: 1 ) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Richland PUD document. 2) The minor change or refinement shall not constitute a substantial change pursuant to Article 2. Division 2.7, Subsection 2.7.3.5.6 of the Collier County Land Development Code. 6-1 3) The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve areas within or external to the PUD. 4) All necessary easements, dedications or other instruments shall be granted to ensure the continuance operation and maintenance of all service utilities. 5) Agreements, provisions or covenants which govern the use, maintenance and continued protection of the PUD and common areas will be provided. 6-4 DEVELOPMENT COMMITMENTS A TRANSPORTATION 1) When deemed v .nrranted by the County. the Developer shall provide fifty (50') feet of additional road right-of-way along the south side of Immokalee Road. Road Impact Fee credits will be allowed for this right-of-way to the maximum extent provided in. the Road Impact Fee Ordinance and in accordance with the approved conversion formula. 2) When deemed warranted by the County, the Developer shall provide left and right turn lanes at all project accesses on both Immokalee Road and CR-951. If median openings are permitted upon the four laning of either road, the Developer shall be responsible for the cost of all intersection modifications needed to serve project accesses. 3) Developer shall provide a fair share contribution toward the capital cost of traffic signals at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) When deemed warranted by the County, the Developer shall provide arterial level street lighting at all project accesses. 5) The road impact fee shall be as provided in the schedule contained in Division 4.1 of the Collier County Land Development Code, or as may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board o~ County Commissioners. 6) Access improvements shall not be subject to impact fee credits and, excluding traffic signals, shall be in place before any certificates of occupancy are issued. 6-2 7) All traffic control devices used. excluding street name signs. shall conform with the Manual on UnifOrm Traffic Control Devices as required in Chapter 316.0747. Florida Statutes. WATER MANAGEMENT 1) Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. 2) Developer shall be responsible for the installation of propedy sized culverts at proposed entrance road locations placed on the relocated swale centerline, at such time as driveways are installed. 3) detailed paving, grading and site drainage plans shall be submitted to Engineering Re% :~w 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 Engineering Review Services. 4) In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. 5) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. UTILITIES 1) Water Distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed. conveyed. owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended. and other applicable County rules and regulations. 2) All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. 6-3 ~~j~ MAY 13 1997. 3) It is anticipated that the County Utilities Division will ultimateTy supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the r~quirements of Collier County Ordinance No. 88-76. as amended. 4) If an interim on-,' ;re water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. 5) Public Service Commission Territories: Prior to approval of construction documents by the County, the Developer must present verification pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. ENVIRONMENTAL 1 ) Petitioner shall be subject to Division 3.9 of the Collier County Land Development Code, requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Community Development and Environmental Services Administrator for review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots and other facilities have been oriented to accommodate this goal. 6-4 MAY .1. 3 1997 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Community Development and Environmental Services Administrator for review and approval. This plan will depict the incorporation of native species and their mix with other spedes, if any. 3) All exotic plants, as defined in the Land Development Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exoti.c species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Community Development and Environmental Services Administrator 4) If during the cou~ :.e of site clearing, excavation or other constructional activities, an archaeological or historical site, artifact or other indicator is discovered, all development at that location shall be immediately stopped and the Community Development and Environmental Services Administrator shall be notified. Development will be suspended for a sufficient length of time to enable the Community Development and Environmental Services Administrator or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Community Development and Environmental Services Administrator will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. 5) Environmental permitting shall be in accordance with the state of Flodda Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 6) In accordance to Florida Game and Fresh Water Fish Commission (FGFWFC) and U.S. Fish and Wildlife Service (USFWS) guidelines or authorization, should foraging habitat within a red-cockaded range become jurisdictional to these agencies during the approval process, I the developer will 6-5 comply with these regulations and guidelines as set forth for development and management of these habitats (Collier County Comprehensive Plan, Policy 7.3.4). E SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS 1) Section 3.2.8.3.19: Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting. striping, and reflective edging requirements shall be subject to the County Engineer's approval, but need not meet standard county requirements. 2) Section 3.2,8.4.16.5: Street rights-of-way and cross-sections for the roads shall be as designated by developer at time of final construction plans. 3) Section 3.2.8.4.1d.6: The 1,000 feet maximum dead-end street length requirement shall be waived. 4) Section 3.2.8.4.16.8: Back of curb radii may be.reduced to thirty (30') feet at local intersections. 5) Section 3.2.8.4.16.10: The requirement for one hundred (100') feet tangent sections between reverse curves of streets shall be waived. 6) Section 3.2.8.4.21: The requirement for blank utility casings shall be subject to County engineering approval, but need not meet standard County requirements. F MISCELLANEOUS 1 ) Access to the project shall be restricted to those access points shown on Exhibit "A". 6.-6 AGE A MAY :[. 3 1997, RICHLAND P.U.D. CONCEPTUAL MASTER PLAN EXHIBIT 'A' M.~'f :L3 1997 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, ~ollier County, Florida, do hereby certify that the foregoing is a tru~ copy of: ORDINANCE NO. 97-27 Which was adopted by the Board of County Commissioners on the 10th day of June, 1997, during Regular Session. WITNESS my hand and the official sea]. of the Board of County Commissioners of Collier County, Florida, this llth day of June, 1997. DWIGHT E. BROCK . .~' ~..,. Clerk of Courts and ~ erk=" Ex-officio to Board;..~f o~ ', County Commissioner~: :°.. By: Ellie Hoffman ~,~ ..... '.'-~" Deputy Clerk ~4' ~ ~ T, '