Ordinance 97-79 ORDINANCE 97-7~
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
~24ENDING THE OFFICIAL ZONING ATLAS MAPS
NUMBERED 8525N, 8525S, 8527N, 8527S, 8534N,
8534S, 8535N, 8535S, 8536N, 8536S AND
853536 BY CHANGING THE ZONING
· tCLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS PELICAN MARSH, FOR
PROPERTY LOCATED IMMEDIATELY NORTH OF AND
CONTIGUOUS TO VANDERBILT BEACH ROAD (C.R.
901), US 41 NORTH, TO THE PLANNED
LIVINGSTON ROAD RIGHT-OF-WAY IN SECTIONS
25, 27, 34, 35 & 36, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 2072.88 ACRES, MORE OR LESS;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 95-1, AS AMENDED, THE FORMER PELICAN
MARSH PUD; AND BY PROVIDING AN EFFECTIVE
DATE. (COMPANION TO DOA-97-4)
WHEREAS, George L. Varnadoe of Young, van Assenderp and Varnadoe,
P.A., representing WCI Communities, L.P., petitioned the Board of County
Commissioners 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 Sections 25, 27, 34, 35 and 36, 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 Maps numbered 8525N, 8525S, 8527N,
8527S, 8534N, 8534S, 8535N, 8535S, 8536N, 8536S and 853536, as described
in Ordinance Number 91-102, the Collier County Land Development Code, are
Oereby amended accordingly.
-1-
SECTION TWO:
Ordinance Number 95-1, as amended, known as the Pelican Marsh PUD,
adopted on January 24, 1995 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Collier County, is hereby repealed in its entirety.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
epartment of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this ~ day of
ATTEST:' ;66~ii~ ,~/ BOARD OF COUNTY COMMISSIONERS
DWIGHT<~E.. BRO~Ki..q~erk COLLIER COUNTY, FLORIDA
"/~" --.~ ..... "" TIMO NCOCK, Chairman
Approved,as, te,'~O'~m and
Legal sufficiency
Marj6~l~' M. Stuaent Secretary
Assistant County Attorney --/~ d,~y
Cn~
of ~C
f/PUD-93-1(3)
PELICAN MARSH COMMUNITY
A
PLANNED UNIT DEVELOPMENT
2072.88+ Acres Located in Sections 25, 27, 34, 35 & 36
Township 48 South, Range 25 East
Collier County, Florida
PREPARED FOR:
WCI COMMUNITIES, L.P.
24301 Walden Center Drive
Bonita Springs. Florida 34134
PKEPARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
3200 Bailey Lane, Suite 200
Naples, Florida 34105
PUD 93-1, ORDNANCE 93-27 - ORIGINAL
PUD 94-9, ORDINANCE 95-4 - AMENDMENT
PUD 94-9(1), ORDINANCE 95-50 - AMENDMENT (SCRIVENER'S ERROR)
DATE HLED ~
DATE REVIEWED BY CCPC 11/20/97
DATE APPROVED BY BCC 12/9/97
ORDINANCE NUMBER o 7- 79
TABLE OF CONTENTS
LIST OF EXHIBITS ii
STATEMENT OF COMPLIANCE AND SHORT TITLE iii
SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1
GENERAL DESCR/trflON
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III RF.G.~IDENTIAL DISTRICT 3-1
SECTION IV GOLF COURSE, RECREATION &OPEN SPACE 4-1
DISTRICT
SECTION V RESERVE DISTRICT 5-1
SECTION VI CULTURAL CENTER DISTRICT 6-1
SECTION VII ACTIVITY CENTER DISTRICT 7-1
SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8-1
LIST OF EXHIBITS
MASTER PLAN OVMB&P, Inc. File No. RZ-219-H)
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of the WCI Communities, L.P., hereinafter
referred to as WCI or the Developer, to create a Planned Unit Development (PUD) on
2072.88+ acres of land located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25
East, Collier County, Florida. The name of this Planned Unit Development shall be Pelican
Marsh Community. The development of Pelican Marsh Community will be in general
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 Growth Management Plan Future Land Use
Element and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed Use District/Urban Residential
Subdistrict as identified on the Future Land Use Map as required in Objective 1. of the
Future Land Use Element (FLUE). The purpose of the Urban Residential Subdistrict is
to provide for higher density residential uses in an area with relatively few natural
resource constraints and whek" existing and planned public facilities are concentrated.
2. The proposed density of Pelican Marsh Community is 2.5 units per acre and 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 units per acre. Certain parts of the subject property
are further subject to density adjustments including a proximity to Activity Center density
bonus, roadway access density bonus, and long range traffic congestion area and
interconnection density reduction. which when taken collectively and applied to the
property yield an allowable density greater than three units per acre.
3. Pelican Marsh Community 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 substantial compliance with applicable land
development regulations as set forth in Objective 3 of the Future Land Use Element.
5. The development of Pelican Marsh Community 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. Pelican Marsh Community 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. Pelican Marsh Community is a large scale functionally interrelated community, and is
planned to encourage ingenuity, innovation and imagination as set forth in the Collier
County Land Development Code Planned Unit Development District.
8. Pelican Marsh Community represents a large scale infill community within the Urban
District, thereby discouraging urban sprawl as required by Policy 5.3 of the Future Land
Use Element.
SHORT TITLE
This ordinance shall be known and cited as the "PELICAN MARSH COMMUNITY PLANNED
UNIT DEVELOPMENT ORDINANCE".
12/W97.3391l Vet 0lI.AJe~kiM
rn,.Lk. Lcc. m,,~4
SECTION I
LEGAL DESCRIPTION, PROPERTY OVirNERSHIP, AND GENERAL DESCRIPTION
1.1 PURPOSE
The purpose of this section is to set forth the legal description and ownership of Pelican
Marsh Community, and to describe the existing condition of the property proposed to be
developed.
1.2 LEGAL DESCRIPTION
PELICAN MARSH, being approximately 2072.88 acres, is legally described as follows:
BEGINNING at the southwest comer of Section 27, Township 48 South, Range 25 East,
Collier County, Florida;
thence along the west line of said Section 27 and the easterly right-of-way line of U.S. 41
North 00°38'20" West 2623.40 feet to the west 1/4 comer of said Section 27;
thence continue along the west line of said Section 27 and said right-of-way North
00°39'12" West 827.69 feet; ,
thence leaving said line North 89°20'45" East 3844.57 feet to the westerly right. of-way
line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public
Records of Collier County, Florida;
thence along said westerly right-of-way line in the following four (4) described courses;
1) South 05034'48" East 3545.96 feet to the south line of said Section 27;
2) South 05°33' 10" East 2642.17 feet;
3) southerly 620.87 feet along the arc of a circular curve concave westerly having a
radius of 2799.93 feet through a central angle of 12°42' 18" and being subtended
by a chord which bears South 00°47'59" West 619.60 feet;
4) South 07°09'08" West 1675.64 feet to the boundary line of the plat of Pine Ridge
Second Extension as recorded in Plat Book I0, page 86 of the Public Records of
Collier County, Florida;
thence along the boundary of said Pine Ridge Second Extension in the following eight (8)
described courses;
1) South 89o50'58" West 88.21 feet;
2) North 31°34'00" West 120.19 feet;
3) North 05°37'10" West 956.47 feet;
4) South 74°46'39" West 379.98 feet;
5) South 12004'43" East 23.53 feet;
6) South 87°09'43" West 272.40 feet;
7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve
concave southwesterly having a radius of 1640.26 feet through a central angle of
64°46'40" and being subtended by a chord which bears North 48°50'02" West
1757.26 feet;
8) North 81°13'22" West 737.85 feet;
thence leaving said plat boundary North 00°03'39' West 707.85 feet;
thence South 89°33'32" East 336.8I feet;
thence North 00~6'28" East 180.64 feet;
thence northerly 37.60 feet along the arc of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 16°34'19" and being subtended by a
chord which bears North 08°43'37" East 37.47 feet;
thence North 17000'47" East 181.41 feet;
thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly
having a radius of 395.00 feet through a central angle of 94°59'52" and being subtended
by a chord which bears North 30°29'09" West 582.44 feet
thence North 77°59'05~ West 144.30 feet;
thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly
having a radius of 800.00 feet through a central angle of 29°59'57" and being subtended
by a chord which bears North 62°59'06" West 414.10 feet
thence North 47°59'08" West 100.03 feet;
thence westerly 615.18 feet along the arc of a circular curve concave southerly having a
radius of 826.09 feet through a central angle of 42°40'04" and being subtended by a
chord which bears North 69°19. 10" West 601.07 feet;
thence South 89°20'48" West 204.55 feet to the west line of said Section 34, and the east
right-of-way line of U.S. 41;
thence along said line North 00°39'20" West 665.92 feet to the Point of Beginning;
LESS AND EXCEPT all that part of Pelican Marsh Unit Five as recorded in Plat Book
22, pages 88 through 89 Public Records of Collier County, Florida being more
particular described as follows;
BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five;
thence along the boundary of said Pelican Marsh Unit Five South 89°33'32" East
306.56 feet to a point on the west line of Tract WF-I (Drainage Easement) according
to the Plat of Grand Isle at Pelican Marsh, Plat Book 24, pages 67 through 70, Public
Records of Collier County, Florida;'
thence along said line South 00°00'00'' East 481.17 feet to a point on the north line of
Tract "B" (Vanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five,
Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida;
thence southwesterly, 306.37 feet along the arc of a non-tangential circular curve
concave to the southeast, having a radius of 2430.00, through a central angle of
07°13'26" and being subtended by a chord which bears South 88°15'16" West 306.17
feet to a point on the boundary of said Pelican Marsh Unit Five;
thence along said line North 00°03'39" West 492.87 feet to the POINT OF
BEGINNING of the parcel herein described;
Containing 3.40 acres more or less;
Subject to easements and restrictions of record.
Bearings are based on the north line of said Pelican Marsh Unit Five being South
89°33'32.. East.
containing 573,98 acres more or less;
subject to easements and restrictions of record;
TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL:
All that pan of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00°39' 12" West 827.69 feet;
thence leaving said line North 89020'45" East 577.78 feet to the POINT OF
BEGINNING of the parcel herein described;
thence North 57°47'59" East 46.92 feet;
thence North 68°35'21" East 110.88 feet;
thence North 00°39'12" West 187.52 feet;
thence North 77°43'40" East 573.08 feet;
thence South 72°59'03" East 785.48 feet;
thence South 00°39'15" East 27.71 feet;
thence North 89°20'45" East 503.78 feet;
thence South 00°39'15" East 100.64 feet; ,
thence South 89020'45" West 1957.22 feet to the Point of Beginning of the parcel herein
described;
Subject to easements and restrictions of record.
Containing 9.5 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00°39'12" West;
AND LESS THE FOLLOWING THREE (3) DESCRIBED PARCELS:
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
and being more particularly described as follows:
Commencing at the west one quarter comer Section 27, Township 48 South, Range 25
East;
thence along the west line of said Section 27 North 00°39. 12" West 827.69 feet;
thence leaving said section line North 89°20'45" East 55.00 feet to the Point of
Beginning of the area thereon described;
thence North 89020'45" East 366.45 feet;
thence South 00°39. 15" East 34.09 feet;
thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave
southwesterly having a radius of 70.00 feet through a central angle of 38°45'23" and
being subtended by a chord which bears South 64°19'09" East 46.45 feet to a point of
compound curvature;
thence southerly 259.53 feet along the arc of a circular curve concave westerly having a
radius of 197.21 feet through a central angle of 75~24'06" and being subtended by a
chord which bears South 07°14'23" East 241.20 feet to a point of reverse curvature;
thence southerly 151.40 feet along the am of a circular curve concave easterly having a
radius of 130.00 feet through a central angle of 66°43'37" and being subtended by a
chord which bears South 02°54'07" East 142.99 feet to a point of reverse curvature:
thence southerly 120.22 feet along the arc of a circular curve concave westerly having a
radius of 70.00 feet through a central angle of 98024. 12" and being subtended by a chord
which bears South 12°56. 10" West 105.98 feet;
thence South 62008, 16" West 75.07 feet;
thence southerly 48.75 feet along the arc of a circular curve concave easterly having a
radius of 30.00 feet through a central angle of 93°06, 13" and being subtended by a chord
which bears South 15°35' 10" West 43.56 feet;
thence a4eftg South 30°57'58" East 34.79 feet;
thence southerly 19.94 feet along the arc of a circular curve concave westerly having a
radius of 80.00 feet through a central angle of 14°16'43" and being subtended by a chord
which bears South 23°49'37" East 19.89 feet;
thence along a non-tangential :!he South 84°13'14" East 158.41 feet;
thence South 80°55'24" East 183.78 feet;
thence South 81°52'51" East 180.90 feet; ,
thence South 00°00'00· East 261.28 feet;
thence North 90°00'00" West 394.57 feet;
thence North 00°00'00" East 271.73 feet;
thence North 84°13'14" West 120.32 feet;
thence South 33°05'40" West 54.13 feet;
thence South 76°56'51" West 89.04 feet;
thence North 58°35'21" West 65.19 feet;
thence North 15°31'55" West 74.80 feet;
thence North 00°41'41= West 115.24 feet;
thence North 28°22'47" East 171.51 feet;
thence North 17°11'45" West 106.79 feet;
thence North 13°02'52" East 28.51 feet;
thence North 73°36, 14" West 54.78 feet;
thence South 49016'08" West 112.78 feet;
thence South 89°47'08" West 53.08 feet;
thence North 58o00'49" West 50.49 feet;
thence North 00o39' 12" West 303.49 feet to the Point of Beginning of the area herein
described;
Containing 7.8 acres more or less;
Subject to easements and restrictions.of record;
Bearings are based on the west line of Section 27, Township 48 South, Range 25 East,
Collier County, Florida being North 00°39. 12" West;
and
12/JtF?-)DI| Yef: OlI.AJ~nkins I '4
A J! that pan of Section 27, Township 48 South, Range 25 East, Collier COunty, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00°39' 12" West 827.69 feet;
thence leaving said line North 89°20'45" East 2469.55 feet to the POINT OF
BEGINNING of the parcel herein described;
thence continue North 89°20'45" East 787.88 feet;
thence South 84°45'32" West 23.43 feet;
thence South 74°56'42" West 121.32 feet;
thence South 79°49'51" West 45.93 feet;
thence westerly 45.51 feet along the arc of a tangential circular curve concave to the
north having a radius of 66.00 feet through a central angle of 39°30, 16" and being
subtended by a chord which bears North 80~25'01" West 44.61 feet to a point of reverse
curvature;
thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the
south having a radius of 150.00 feet through a central angle of 20°12'57" and being
subtended by a chord which bears North 70°46'21" West 52.65 feet;
thence North 80°52'50" Wes~ 36.59 feet;
thence westerly 46.17 feet along the arc of a tangential circular curve concave to the
south having a radius of 80.00 feet through a centnl angle of 33°04',13" and being
subtended by a chord which bears South 82°35'04" West 45.54 feet to a point of reverse
curvature;
thence westerly 38.16 feet along the arc of a tangential circular curve concave to the
north having a radius of 60.00 feet through a central angle of 36O26' 18" and being
subtended by a chord which bears South 84°16'06" West 37.52 feet to a point of reverse
curvature;
thence westerly 68.84 feet along the arc of a tangential circular curve concave to the
south having a radius of 305.00 feet through a central angle of 12°55'58" and being
subtended by a chord ~:,hich bears North 83°58'44" West 68.70 feet;
thence South 89033' 17" West 18.36 feet;
thence South 89°39'11" West 71.63 feet;
thence North 89°35'03" West 36.03 feet;
thence South 86°06'33" West 42.94 feet;
thence South 83°44'08" West 26.23 feet;
thence South 51°01 '05" West 27.49 feet;
thence South 33°25'42" West 19.95 feet;
thence South 15°39'57" West 20.54 feet;
thence South 10°54'31" West 34.64 feet;
thence South 89o20'06" West 101.06 feet;
thence North 10°45'58" East 101.42 feet to the Point of Beginning of the parcel herein
described;
Subject to easements and restrictions of record.
Containing 0.48 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00°39' 12" West;
and
All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida
being more particularly described as follows:
Commencing at the west 1/4 comer of said Section 27;
thence along said west line North 00°39' 12" West 827.69 feet;
thence leaving said line North 89°20'45" East 3401.12 feet to the POINT OF
BEGINNING of the parcel herein described;
thence continue North 89°20'45" East 443.43 feet;
thence South 05°34'48" East 147.72 feet;
thence South 89°20'45" West 51.56 feet;
thence North 23°56'01" West 13.07 feet;
thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east
having a radius of 80.00 feet through a central angle of 21°59'53" and being subtended
by a chord which bears North 12°56'04" West 30.53 feet;
thence North 05°01'01" West 31.56 feet;
thence North 36°19'27' West 32.02 feet;
thence North 56°04'43" West 35.11 feet;
thence North 80°39'23" West 32.53 feet;
thence North 88°39'20" West 97.78 feet;
thence North 86°04'48" West 45.79 feet; ,
thence Nor~ 89°49'56" West 132.77 feet;
thence North 69°40' 18" West 37.23 feet to the Point of Beginning of the parcel herein
described;
Subject to easements and restrictions of record.
Containing 0.38 acres more or less.
Bearings are based on the west line of said Section 27 as being North 00°39' 12" West;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL;
BEGINNING at the northwest comer of said Section 35;
thence along the north line of said Section 35 North 89o45'35" East 5231.69 feet to the
west right-of-way line of Airport-Pulling Road (C.R. 31);
thence along said westerly right-of-way line South 00°31'47" East 5258.31 feet to the
south line of said Section 35;
thence along said south line South 89°39'22" West 2541.65 feet to the south I/4 corner
of said Section 35;
thence continue along said south line South 89°39'32" West 2641.33 feet to the southwest
comer of said Section 35;
thence along the south line of said Section 34 South 89°51'02" West 391.57 feet to the
boundary line of a parcel described in O.R. Book 524, page 121 of the Public Records of
Collier County, Florida;
thence along the boundary of said parcel North 01°03'33" West 295.29 feet;
thence continue along the boundary of said parcel South 89°51'02" West 443.28 feet to
the easterly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book
13, page 58 of the Public Records of Collier County, Florida;
thence along said easterly right-of-way line North 07°09'08' East 1729.52 feet;
thence continue along said easterly right-of-way line northerly 649.69 feet along the are
of a circular curve concave westerly having a radius of 2929.93 feet through a central
angle of 12°42'18" and being subtended by a chord which bears North 00047'59" East
648.37 feet;
thence continue along said right-of-way line North 05o33'10" West 2628.44 feet to a
point on the north line of said Section 34;
thence leaving said right-of-way line and along the north line of said Section 34 South
89°31'31" East 772.91 feet to the Point of Beginning;
containing 708.39 acres more or less;
subject to easements and restrictions of record;
AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL
BEGINNING at the northeast corner of said Section 36;
thence along the east line of said Section. South 02"12'03"
East 2671.63 feet to the east 1/4 comer of said Section 36; thence continue along the east
line of said Section 36 South 02°06'28" East 2519.08 feet to a point on the northerly
right-of-way line of Vanderbilt Beach Road;
thence along said northerly right--of-way line North 89°39'39" West 2855.35 feet;
thence continue along said line North 89°43'59" West 2544.87 feet to a point on the
easterly right-of-way line of Airport-Pulling Road (C.R. 31); '
thence along said easterly right-of-way line North 00°31'47' West 4490.03 feet to the
southwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north
619.49 feet of said Section 36;
thence along the south line of said land North 89"27'57' East 15.00 feet;
thence along the east line of said land North 00'"31 '47" West 80.00 feet;
thence along the north line of said land South 89°27'57' West 15.00 feet to the east right-
of-way line of Airport Road (C.R. 31);
thence along said right-of-way North 00'"31 '47" West 539.49 feet to the north line of said
Section 36;
thence along said north line North 89o27'57" East 3914.28 feet to the southwest corner of
the east 1/2 of the east 1/2 of said Section 25;
thence along the west line of the east I/2 of the east 1/2 of said Section 25 North
01°54'09" West 2668.19 feet;
thence continue along the west line of the east I/2 of the east 1/2 of said Section 25 North
01"57' 16" West 2567.06 feet to a point on the southerly right. of-way line of Immokalee
Road (C.R. 846);
thence along said right-of-way North 89°14'36" East 1325.57 feet to the east line of said
Section 25;
thence along said east line of Section 25 South 02'"06'59" East 2569.75 feet to the east
1/4 comer of Section 25;
thence continue along said east line of Section 25 South 02°00'46'' East 2670.97 feet to
the Point of Beginning;
containing 789.67 acres more or less;
total parcel contains 2076.28 2,072.88 acres more or less;
I~-JJ911 Ve Ol,-A/~kiN ] o7
subject to easements and restrictions of record;
bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north
line of Section 35, being North 89045'35'' East.
1.1 PROPERTY OWNERSHIP
The subject property is currently under the equitable ownership or control of WCI
Communities. L.P., whose address is 24301 Walden Center Drive, Bonita Springs.
Florida 34134. Detailed ownership information is provided on Attachment 4-1 of the
Pelican Marsh Community Application for Development Approval.
1.2 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Sections 25, 2'7, 34, 35, & 36 Township 48 South,
Range 25 East, and is generally bordered on the west by Tamiami Trail North
(U.S. 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent
Lake Estates, Four Seasons and Immokalee Road (C.R. 846); on the east by the
future Livingston Road; and on the south by Pine Ridge Subdivision and
Vanderbilt Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards
PUD. The location of the site is shown on Map A of the Pelican Marsh
Community Application for Development Approval.
B. The zoning classification of the subject property as of this submittal is PUD
(Planned Unit Development), A (Rural Agricultural) and A-ST.
C. Elevations within the site range from 6' to 14' above mean sea level with an
average of approximately 11.0 feet. Per FEMA Firm Map Panels Nos. 120067-
0193D. 0195D, 0381D, and 0385D dated June 3, 1986, the Pelican Marsh
property is located within both zones ''AE'' and ''X''. Topographic mapping is
shown on Map C of the Pelican Marsh Community Application for Development
Approval.
D. The soil types on the site generally include Immokalee fine sand; Myakka fine
sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine
sand; Fort Drum and Malabar high fine sands; Boca fine sand; Chobee, Winder
and Gator, depressional; Holopaw and Okeelanta soils depressional; Boca.
Riviera, limestone substratum; Copeland fine sand; Holopaw fine sand; Urban
Land; Urban Land Holopaw Basinget Complex; Urban Land Immokalee Oldsmar
Limestone Substratum complex; Satellite fine sand; and Urban Land Satellite
Complex. Soil Conservation Service mapping of soil types is shown on Map E of
the Pelican Marsh Community Application for Development Approval.
E. Prior to development, vegetation on site primarily consisted of agricultural fields.
(active and abandoned) including agricultural facilities, pine flatwoods, Brazilian
Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress,
disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is
shown on Map F of the Pelican Marsh Community Application for Development
Approval.
F. The project site is located within the Cocohatchee River Basin as depicted within
the Collier County Drainage Atlas (1993). The general surface drainage pattern
of the site west of Airport Road rum in a south to north direction into the Pine
Ridge Canal. The drainage pattern of the site east of Airport Road runs in a east
to west direction into the Airport Road Canal. Both canals eventually discharge
into the Cocohatchee River. The Stormwater Management Master Plan is shown
on Map I of the Pelican Marsh Community Application for Development
Approval..
1.3 DEVELOPMENT OF REGIONAL IMPACT
Due to its scope, the Pelican Marsh Community has been reviewed and approved by
Collier County pursuant to Section 380.06, ~, as a Development of
Regional Impact (DR.I). Developer has also received approval from the Florida
Department of Conunity Affairs (DCA) for an application, for a Preliminary
Development Agreement (PDA) encompassing 1,085.5 acres of the Pelican Marsh
Community. This approval provided the State's authorization for the commencement and
development of the first phase of the community, which is below 80% of any applicable
DRI threshold.
1.4 DENSITY
Acreage of the Pelican Marsh Community is approximately 2072.88 acres and the
number of dwelling units authorized to be built pursuant to this PUD is 5100. The gross
project density, therefore, will be a maximum of 2.5 units per acre.
At all times all property included within the Pelican Marsh Community shall be included
in determining project density including property reserved or dedicated for public uses,
such as, but not limited to, public roadways.
SECTION II
PROJECT DEVELOPMENT
2.1 PURPOSE
The purpose of this Section is to generally describe the plan of development for Pelican
Marsh Community, and to identify relationships to applicable County ordinances,
policies, and procedures.
2.2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
Pelican Marsh Community, a private community, will include a broad range of single
family and multi-family housing, 63 holes of golf with clubhouses and other associated
facilities, a master planned activity center including a resort hotel and cultural facilities,
stormwater management lakes, open spaces, and reserve areas.
The Master Plan is iljustrate~j graphically on WMB&P, Inc. File No. RZ-219-H. 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 3.2.7, of the Collier County
Land Development Code.
2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Pelican Marsh Community 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) 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, Excavation Permit and Preliminary Work Authorization.
Preliminary Work Authorization was approved by the Board of County
Commissioners on May 20, 1993 and amended on April 19, 1994. Where this
PUD Ordinance or subsequently adopted Community Design Guidelines and
Standards fail to provide developmental standards, then the provisions of the most
similar zoning district or section of the Collier County Land Development Code
shall apply,
B. Unless otherwise defined herein, or as necessarily implied by context, the
definitions of all terms shall be the same as the definitions set forth in the Collier
Couuty Land Development Code in effect at the time of development order
application.
12,1fi?.]39ttl Vi:'. Ol~-AJenkiml
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 request, the
provisions of other applicable !and 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 Pelican Marsh Community
Master Plan are part of the regulations which govern the manner in which the
land may be developed.
F. The Subdivisions Division of the Collier County Land Development Code (Article
3. Division 3.2) shall apply to Pelican Marsh Community, except where an
exemption is set forth herein or otherwise granted pursuant to Land Development
Code Section 3.2.4.
G. The Site Development Plans Division of the Collier County Land Development
Code (Article 3, Division 3.3) shall apply to Pelican Marsh Community, except
where an exemption is set forth herein or otherwise granted pursuant to Land
Development Code Section 3.3.4.
2.4 COMMUNITY DEVELOPMENT DISTRICT
The developer has established the Pelican Marsh Community Development District
(PMCDD) to design, construct, manage, and maintain infrastructure and community
facilities needed to serve the Project. The PMCDD constitutes a timely. efficient,
effective, responsive and economic way to ensure the provision of facilities and
infrastructure for the proposed development. Such infrastructure as may be constructed,
managed and financed by the PMCDD shall be subject to, and shall not be inconsistent
with, the Collier County Growth Management Plan and all applicable ordinances dealing
with planning and permitting of the Pelican Marsh Community.
The land area is amenable to infrastructure provision by a district that has the powers set
forth in the charter of a Community Development District under Section 190.006 through
190.041, ~. Such a district is a legitimate alternative available both to the
County and to the landowner for the timely and sustained provision of quality
infrastructure under the terms and conditions of County development approval.
12t.A,~r/-]]911 Vlr
~01
2.3 ROADWAYS
Roadways within the Pelican Marsh Community are included as one of the PMCDD
provided infrastructure improvements. Standards for roads shall be in compliance with
the applicable provisions of Collier County Land Development Code regulating
subdivisions, unless otherwise modified. waived or excepted by this PUD or approved
during Preliminary Subdivision Plat approval. The Developer reserves the right to
request substitutions to Code design standards in accordance with Article 3, Division
3.2., Section 3.2.7.2 of the Collier County Land Development Code. The Developer.
also reserves the right to establish gates, guardhouses. and other access controls as may
be deemed appropriate by the Developer on all privately owned and maintained project
roadways.
2.6 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 Develol:.~ent Code may be reduced with the administrative approval
of the Collier County Development Services Director and the Pelican Marsh Design
Review Committee (PMDRC). 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 Pelican Marsh Community shall be limited to an amount up to I0
percent per lake (to a maximum of 20,000 cubic yards) of the total volume excavated
unless a commercial excavation permit is received.
2.7 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative entrance
ways, and signage may be allowed subject to review and administrative approval by the
Developer and the Collier County Development Services Director for engineering and
safety considerations during the development review process and prior to any
installations.
2.8 MODEL HOMES/SALES CENTERS
Model homes, sales centers and other uses and structures related to the promotion and
sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos,
parking areas, tents, and signs, sh~tll be permitted principal uses throughout Pelican
Marsh Community subject to the requirements of Article 2, Division 2.6, Section
2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land
Development Code.
12,mlv'I'T-Mgll V~t: Olt-A,W~kle,
2.9 CHANGES AND AME~~S TO PUD DOCUMENT OR PUD MASTER
PLAN
Changes and amendments may be made to this PUD Ordinance or PUD Master Plan as
provided in Article 2, Division 2.7, Section 2.7.3.5 of the Collier County Land
Development Code. Minor changes and refinements as described in Section 8.3 of this
PUD document may be made in connection with any type of development or permit
application required by the Collier County Land Development Code.
2.10 COMMON AREA MAINTENANCE
Most common area maintenance will be provided by the PMCDD. The PMCDD is a
legitimate alternative for the timely and sustained provision of quality common area
infrastructure and maintenance under the terms and conditions of a County development
approval. For those areas not maintained by the PMCDD, the Developer has created a
property owners association or associations, whose functions shall include provision for
the perpetual maintenance o.e :ommon facilities and open spaces. The PMCDD or the
property owners association, as applicable, shall be responsible for the operation,
maintenance, and management of the surface water and stormwater management systems
and reserves serving Pelican Marsh Community, in accordance with the provisions of
Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable
permits from the Florida Department of Environmental Regulation, U.S. Army Corps of
Engineers, and South Florida Water Management District.
2.11 LANDSCAPE BUFFERS, BEllMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Pelican Marsh Community. The following standards shall apply:
A. Landscape berms shall have the following maximum side slopes:
1. Grassed berms 3:1
2. Ground covered berms 2:1
3. Rip-Rap berms 1: 1
4. Structural walled berms - vertical
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. For the purpose of this
provision, finished grade shall be considered to be no greater than eighteen inches
(18") above the highest crown elevation of the nearest existing road unless the
fence or wall is constructed on a perimeter landscape berm. In these cases the
wall shall not exceed six feet (6') in height from the top of berm elevation for
ben elevation with an average side slope of 4: l or less, and shall not exceed four
feet (4') in height from the top of berm elevation for berrns with an average side
slope of greater than 4:1 (i.e. 3:1).
C. Landscape buffers, berms, fences and walls may be constructed along the
perimeter of the Pelican Marsh Community 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 gate houses 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 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 |~.qdscape buffers subject to review and approval by the
PMDRC.
|
2.12 FILL STORAGE
Fill storage is generally permitted as a principal use throughout Pelican Marsh
Community. Fill material generated from properties owned or leased by the developer
may be transported and stockpiled within areas which have been disturbed/farmed. Prior
to stockpiling in these locations, a Letter of Notification along with plans showing the
locations and cross-sections shall be submitted to Collier County Project Review Services
for review and approval. The following standards shall apply:
A. Stockpile maximum side slope 3:1
B. Stockpile maximum height: thirty-five feet (35')
C. Fill storage areas shall be screened with a security fenc.~ at least six feet (6') in
height above ground level.
D. The following FLUCCS Cede lands as shown on Map F of the Pelican Marsh
Community Application for Development Approval may be used for fill storage:
200, 212, 214,422,424, 740.
E. Fill storage in excess of five feet (5') in height shall be located no closer than
three hundred feet (300') from any developed residential properties.
F. Soil erosion control shall be provided in accordance with Collier County Land
Development Code Division 3.7.
I4')i36.O~J-OO3-P4
G. Fill storage shall not be permitted in areas occupied by threatened or endangered
species unless an approved management plan permits such use.
2.13 DESIGN GUIDELINES AND STANDARDS
The Collier County Planned Unit Development District is intended to encourage
ingenuity, innovation and imagination in the planning, design and development or
redevelopment of relatively large tracts of land under unified ownership or control, as set
forth in the Collier County Land Development Code, Article 2, Division 2.2, Section
2.2.20.1.
Pelican Marsh Community is planned as a private, large-scale. functionally interrelated
community under unified control, to be developed over an extended time period.
Developer has established community-wide design guidelines and standards to ensure a
high and consistent level of quality for community features and facilities, which include
features and facilities such as landscaping, bardscape, waterscapes, signage, lighting,
pedestrian systems. bicycle g.vhs. pavement treatments. roadway medians. fences, wails,
buffers, betins and other similar facilities. Upon approval of specific design guidelines
and standards by Collier County and Developer, those guidelines shall be considered as
supplemental standards or requirements of this Planned Unit Development Ordinance.
Developer will also establish supplemental design guidelines and standards by means of
recorded covenants. conditions, and restrictions, the existence of which shall be noted on
the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions
and restrictions shall provide that prior to submittal of an application for Preliminary
Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier
County, an applicant must first submit the application to PMDRC for review and
approval. Collier County shall not accept any such application for processing unless it is
accompanied by a letter indicating Developer's review and approval.
2.14 REQUIRED ENVIRONMENTAL PER/VilTS
Where the development of land within this Planned Unit Development requires a permit
from a local, state, or Federal Agency with jurisdiction over the property (regulating
agency) proposed for development, then the Developer shall obtain such permits as may
be required prior to the commencement of construction or alteration of the !and
specifically requiring such permit. Where such regulating agency issues a permit, Collier
County shall not impose conditions, exactions or modifications that are in conflict with or
exceed the requirements of the issued permit, provided that Collier County may impose
conditions that exceed and are not in conflict with the issued permit if Collier County's
regulatory jurisdiction as provided in the Collier County Growth Management Plan and
Land Development Code exceeds that of the other regulating agencies. In such a case,
Collier County's environmental pe.rmitting guidelines and requirements shall control
relative to the specific County permit only.
Construction approvals from Collier County may be phased to allow construction of
portions of a particular use that do not impact lands which require an environmental
permit, provided that ~ch environmental permits have been applied for and are under
process by the appropriate agencies, and subject to the understanding that it is the
Developer's sole risk if such permits are not finally issued to allow completion of the
proposed use.
2.15 PRELIMINARY SUBDMSION PLAT PHASING
Due to the size and anticipated build-out period of Pelican Marsh Community,
submission, review, and approval of Preliminary Subdivision Plats for the project may be
accomplished in phases to correspond with the planned development of the property.
2.16 GENERAL, PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Pelican Marsh
Community PUD except in Reserve District. General permitted uses are those uses
which' generally serve the Developer and residents of Pelican Marsh Community and are
typically part of the common infrastructure or are considered community facilities.
A. General Permitted Uses:
1. Essential services as set forth under Collier County Land Development
Code, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Temporary sewage treatment facilities.
4. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
5. Guardhouses, gatehouses, and access control structures.
6. Community and neighborhood parks, recreational facilities, community
centers.
7. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses.
8. Landscape features including, but not limited to, landscape buffers, berms,
fences and walls subject to the standards set forth in Section 2.11 of this
PUD.
~ ..... 2-'7
9. Fill storage subject to the standards set forth in Section 2.12 of this PUD.
10. Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
B. Development Standards:
Unless otherwise set forth in this document, the following development standards
shall apply to structures:
I. Setback from back of curb or edge of pavement of any road - fifteen feet
(15') except for guard houses, gatehouses, and access control structures
which shall have no required setback.
2. Setback from property lines - one half (%) the height of the structure.
3. Minimum distance between structures which are part of an architecturally
unified grouping - five feet (5').
4. Minimum distance between unrelated structures - ten feet (10').
5. Maximum height of structures - twenty-five feet (25').
6. Minimum floor area - None required.
7. Minimum lot or parcel area - None required.
8. Sidewalks, bikepaths, and cart paths may occur within County required
buffers; however the width of the required buffer shall be increased
proportionately to the width of the paved surface of the sidewalk,
bikepath, or cartpath.
9. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Pelican Marsh
Community 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.
2.17 OPEN SPACE REQUIREMENTS.
The PUD Master Plan identifies approximately 1211.8 acres included in the Golf
Course/Recreation and Open Space District, Reserve District, lake, and miscellaneous
open space/buffer designations. These areas, in conjunction with open space areas
included within the Residential District, fully satisfy the open space requirements of
Article 2, Division 2.6, Section 2.6.27 and Section 2.6.32 of the Collier County Land
Development Code.
2.18 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the
Collier County Growth Management Plan, 25% of the viable naturally functioning native
vegetation on site shall be retained. The total area of viable natural functioning native
vegetation within the PUD boundary is 871.9 acres, therefore 218.0 acres are required to
be retained. This requirement is fully satisfied within the Reserve District and no further
preservation is required.
SECTION III
RESIDENTIAL LAND USE DISTRICT
3.1 PURPOSE
The purpose of this Section is to identify permitted uses and development mndards for
· reas within Pelican Marsh Community designated on the Master Plan as "R."
3.2 MAXIMUM DWELLING UNITS
A maximum number of 5100 residential dwelling units may be constructed on lands
designated "P~."
3.3 GENERAL DESCRIPTION
Areas designated as "R" on the Master Plan are designed to accommodate a full range of
residential dwelling types, ::~mpatible non-residential uses, a full range of recreational
and educational facilities, essential services, and customary accessory uses.
The approximate acreage of the "R" district is indicated on the PUD 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 3.3, and Division 3.2
respectively, of the Collier County Land Development Code. 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.
3.4 PERMITTED USES AND STRUCTUKES
No building 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.
2. Single Family Patio and Zero Lot Line Dwellings.
3. Two-family and Duplex Dwellings.
4. Single Family Attached and Townhouse Dwellings.
5. Multi-Family Dwellings including G~den Apartments.
13,mW~.33911 Vet O|t-A..bklm
6. 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.
7. Schools (,public or private).
8. Assisted Living Facilities, Group Care Facilities (Category I and II), Care
Units, Nursing Homes, and Family Care Facilities (collectively ALF) only
east of Airport Road.
9. Any other principal 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 !and uses within the 'R'
Residential District.
B. Site development standards for categories I - 4 uses apply to individual residential
lot boundaries. Category 5 standards apply to platted parcel boundaries.
C. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Pelican Marsh Community
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.
D. Development standards for uses not specifically set forth in Table I shall be
established during Site Development 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 waived or reduced provided a site plan
is approved by the Collier County Planning Commission in accordance with
13/lff?-~)tll V,r: OII-Ahnkhl
'- .... 3-2
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 2.17 of this PUD.
F. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3,
Four Seasons Subdivision zoned RSF-2, and Quail Woods Estates zoned RSF-2
shall be limited to single family dwellings, multi-family dwellings, water
management facilities and lakes, and customary single family accessory uses.
Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4
or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single,
two-family, and multi-family dwellings, water management facilities and lakes
and customary residential accessory uses. Where multi°family uses abut off-site
single family uses, there shall be a minimum separation of one hundred feet (I00')
between the two uses. In addition, a platted ROW or platted landscaped buffer, a
minimum width of thirty feet (30') and meeting the opacity requirements of an
alternative type "c" buffer as described in the LDC, must be provided within the
one hundred feet (100').
G. Off street parking required for multi-family uses shall be accessed by parking
aisles or driveways which are separate from any roads which serves a
development exceeding 96 units. A cul-de-sac mad within the development may
have abutting surface parking where the parking serves 24 units or less. 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, with the exception of cul-de-sacs serving 24 units or less.
H. Single family patio and zero lot line dwellings are identified separately from
single family detached dwellings with conventional side yard requirements to
dis~.inguish 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 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.
I. Attached or detached courtyard residences which include cabana bedrooms
separately accessed from the courtyard and not from the main house are permitted
providing that:
I) The cabana structure must be connected to other portions of the residence in a
manner that gives the entire residence the appearance in elevation from the street
of being one single family residence;
2) The cabana structures must be accessible only from the enclosed courtyard and
must not be accessible directly from the street; and
3) The cabaria structure may not contain primary cooking facilities.
',.,.-.,:'-." ;3-3
N~1)60~.3,CCl3,-1'4
TABLE I
PELICAN MARSH COMMUNITY
DEVELOP1VIENY STANDARDS FOR
"R" RESIDENTIAL AREAS
SINGLE PATIO & TWO SINGLE FAMILY MULTI ASSISTED
PERMITtED USES AND FAMILY ZERO LOT FAMILY & ATTACHED AND FAMILY LIVING
STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES
Category I 2 3 4 5 8
M~murn Lot Area '7.500 SF 5,000 SF 3.500 SF*4 3,000 SF I AC I AC
Minimum Lot Width '5 '75 50 35 30 150 150
Front Yard 25 20 '3 20 '3 20 '3 25 25
Front Yard for 15 10 10 10 15 15
Side Emry Garage
Side Yard 7.5 '6 0 or 7.5 0 or .5 BH .5 BH 20 OR .5 BN
Rear Yard PHncipal 20 10 20 20 BH BH
Rear Yard Accessory 10 5 lO 10 ' 15 15
Rcaz Yard Special *1 I0 5 I0 10 .5 BH .5 BH
Maximum Building Height 35 35 35 35 50 50
Distance Between 15 10 0 or 15 .5 SBH .5 SBH .5 SBH
Principal Swucmrc$
Root Area Min. (S.F.) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF*8 N/A"/
/i14! l~l~il~ine 14~ieht
S~FI: (,Sum of Buildinl Hei~hu): Combined height or Iwo edj~cenl ~iklings ror ~he puq~ose of dearmining ~l~ck requirement.
All dlsamces are in reel unless o~herwise no~t.
*1 - Wj~ appmv~l from PMDRC, rea~ y~rds for principal ~rucmres on Io~e which ~but loll r~urle, L~lce, open sFece, or re·erie ~reu. $e~eck from hke for ~11
principal and scr,~ry uses may be 0' ptovldinI architectural bank treatment is incorponted into design and s~b~ecl to wrinen approval from Project Plan Review.
With appronl from PMDRC. from yards shall be measured as follows:
A. If the parcel is s~rved b), a public rilhl-of-vay. set'oack is measured from the adjacent right-of-way line.
B. ~f~hepat~e~isservedbya~rivatew~d~se~backismeasuredfrom~hebsck~fcurb(~fcurbed)ored~e~fpevement(ifmxcurtxm5.
'2 - Building heilht shall be the vertical dism~ measured from the first habitable finished floor elevation to I~e uppermos( finished ceiling ek. vation of the st·secure.
°3 - Single Family dwellings which provide For 2 perking spaces within an enclosed/·rage and provide for Ira:st parking otlxr Ihan in private driv~ys zrm},
front yard requirement to 5' for the garage and 1.5' For the remaining sm~clures.
Each half of a duplex unit requires a lot area allocation of 3,500 -q.F. for a total minimum lot area of 7.000 S.F.
'5 · Minimum lot width may be reduced by 209~ for cu/-de-sac lots provided minimum lot area requirement is s~H mairained.
e6 - Zero feet (0') or a minimum of five feet (5') on either side excqx that where the zero feel (0') yard op~ is utilized. Ihe oppost slit d lze smash M In ·
ten fcxx (10') yard. Zero feel (0') yards may be used on txxh sides of · structure provided that the c.f~ite ten fax (I0') yard is pmvi~ Pzms. pools astsl
emlomam may encroach into the 10' yard and may ·ttzch to the sdjoining dwelling provided an easement is Irentai from the adjoq ~ uni
e7 - For de·sit), comparison. each residential unit shall equal 4.0 ALF units.
eg. Structures east of Airport Road have a minimum floor area of 750 S.F.
12/~rT-3)tll Vet 011-AJenklm
SECTION IV
GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT
4.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Pelican Marsh Community designated on the Master Plan as "C-CO" and
Miscellaneous Open Space/Buffer.
4.2 GENERAL DESCRIIrfION
Areas designated as "GCO" and Miscellaneous Open Space/Buffer on the Master Plan are
designed to accommodate a full range of golf course, recreational, water management and
open space uses, as well as to provide lands for community-related ancillar~ uses and
essential services.
4.3 PERMITTED USES AND ~"TRUC'TURF~
No building or structure, or pan thereof, shall be erected, alters! or used, or land or
water used, in whole or in part, for other than the following:
A. Permiv. ed Principal Uses and Struaur~
1. Golf courses, golf clubhouses. golf facilities, golf teaching facilities
including classrooms and temporary golf clubhouses.
2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs.
3. Project information and sales centers.
4. Community and golf course maintenance areas, maintenance buildings,
essential services, irrigation water and effluent storage tanks and ponds.
water and wastewater treatment plants, utilities pumping facilities and
pump buildings, utility and maintenance staff offices.
5. Public administration facilities.
6. Open space uses and structures such as, but not limited to, boardwalks,
nature trails, bikeways, landscape nurseries, gazebos, boat and canoe
docks, fishing piers, picnic areas, fitness trails and shelters.
7. Any other principal use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "GCO" and Miscellaneous Open Space/Buffer District.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with the principal
uses permitted in this district.
2. Pro-shops, practice areas and ranges, golf can barns, rest rooms, shelters,
snack bars, golf course maintenance yards.
3. Retail cstablishrnents accessory to the l~rmitted uses of the district such
as, but not limited to, golf, tennis, and recreational related sales.
4. Restaurants, cocktail lounges, and similar uses intended to serve club
re, embers and club guests.
5. Shuffleboard courts, tennis courts, swimming pools, and all other types of
accessory fae!~ities intended for outdoor recreation.
6. Telecommunications facilities.
7. 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 "GCO" and Miscellaneous Open Space/Buffer District.
4.4 DEVELOPMENT STANDARDS
A. Principal structures shall be setback a minimum of twenty feet (20') from "GCO"
and Miscellaneous Open Space/Buffer district boundaries and private roads, and
fifty feet (50') from all PUD boundaries and residential tracts, except where the
PUD abuts the Collier County Wastewater Treatment Plant or a public right of
way, in which case the setback shall be one half (~h) the height of the structure.
B. Accessory structures shall setback a minimum of ten feet (10') from "GCO" and
Miscellaneous Open Space/Buffer district boundaries and private roads, and
twenty feet (20') from all PUD boundaries and residential tracts, except where the
PUD abuts the Collier County Wastewater Treatment Plant or a public right of
way, in which case the setback shall be one half (sh) the height of the structure.
C. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare 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').
II.~)~e/'/-')3~l l Vr. 0|l-AJenkie,
.... 4-2
N0134-052-002.P-O
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.
I. Parking for the community center/clubhouse shall be one space per every two
hundred (200) square feet of gross floor area, which shall be considered inclusive
of required golf course parking
K. Standards for parking, landscaping, signs and other !and uses where such
standards are not specified herein or within adopted Pelican Marsh Community
design gt~idelines 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 in.::icated, required yards, heights, and floor area standards
apply to principal structures.
1~-31191S Vat 0H.AJer. ltiM
SECTION V
RESERVE DISTRICT
5.1 PURPOSE
The purpose of this Section is to identify permitted uses and development standards for
areas within Pelican Marsh Community designated on the Master Plan, as Reserve.
5.2 GENERAL DESCRIPTION
Areas designated as Reserve on the 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 and xeric
upland systemS,, to allow for restoration and enhancement of impacted or degraded
wetland system, and to provide an open space amenity for the enjoyment of Pelican
Marsh Community 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. PermiRed Principal Uses and Structures
1. Passive recreational areas, boardwalks, including recreational shelters and
restrooms.
2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails
in wetlands).
3. Paved golf can paths and unpaved pedestrian paths in xeric uplands.
4. Water management facilities, structure and lakes, including lakes with
bulkheads or other architectural treatments.
5. Mitigation areas as pwvided in the Cocohatchee Strand Restoration Plan
and other applicable permits.
6. Roadway crossings and utility crossings at Pelican Marsh Boulevard,
Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee
Strand Golf Course crossing/reconnection area.
7. Utility lines in xeric uplands.
13PI~?-))9I! Vet. OII.AJcBkins
8. 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 DEVELOPMENT STANDARDS
A. All structures shall setback a minimum of five feet (5') 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 h~terfcrencc.
C. Maximum height of structures - Twenty-five feet (25').
D. Minimu~n distance between principal structures - Ten feet (I0').
E. Minimum distance g;.:tween 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 land uses where such
standards are not specified herein or within adopted Pelican Marsh Community
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.
5.5 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 regulator,/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 a~ordance with the terms set forth in the applicable permit granted
by said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their
successor or assigns, the Pelican Marsh Foundation or the PMCDD shall be responsible
for control and maintenance of lands within the Re, rye District. Conservation
easements shall be recorded in conformance with the Preliminary Work Authorization as
amended on April 19, 1994.
~136-,012-00,1-P-0
SECTION VI
COMMUNITY FACILITY DISTRICT
6.1 PURPOSE
The purpose of this section is to identify pertained uses and development standards for
areas within Pelican Marsh Community designated on the Master Plan as" CF."
6.2 MAXIMUM SQUARE FOOTAGE
A maximum of 50,000 square feet (gross floor area) of Community Facility Uses may be
constructed on lands designated "CF."
6.3 GENERAL DESCRIPTION
Areas designated as "CF" on the Master Plan are designed to accommodate a full range
of cultural uses, essential services, and customary accessory uses.
The approximate acreage of the "CF" district 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 3.1, and Division 3.2
respectively, of the Collier County Land Development Code. Cultural Center wacts are
designed to accommodate internal roadways, open spaces, lakes and water management
facilities, and other similar uses.
6.4 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or !and used, in
whole or part, for other than the following:
A. Principal Uses:
All uses normally associated with a community facility including but not limited
to:
1. Churches and places of worship
2. Governmental buildings
3. Child daycare facilities
4. Civic, social and fraternal associations
17,~6~-33911 Vs~ OIg-A.JadL~i
5. Any other principal use which is companble in nature with the foregoing
uses and which the Development Services Director determines to be
compatible in the "CF" District.
B. Accessory Uses and Structures:
1. Accessory uses and structures customarily associated with the principal
uses permitted in this district.
2. Recreational facilities.
3. Classroom facilities.
4. Any other accessory use which is comparable in nature with the foregoing
uses and which the Development Services Director determines to be
cbmpatible in the "CF" District.
6.5 DEVELOPMENT STANDi~RDS
A. Principal structures shall be setback a minimum of twenty feet (20') from "CF"
district boundaries and private roads, and fifty feet (50') from all PUD
boundaries, public roads and residential tracts.
B. Accessory structures shall be setback a minimum of twenty feet (20') from district
boundaries and private roads, and twenty feet (20') from PUD boundaries, public
roads and residential tracts.
C. Setback from lakes for all principal and accessory uses may be zero feet (0')
provided architectural bank treatment is incorporated into the design and subject
to written approval from PMDRC, PMCDD, and Collier County Development
Services Depathnent.
D. Lighting facilities shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
E. Maximum height of structures - Eighty feet (80').
F. Minimum distance between principal or accessory structures which are a pan of
an architecturally unified gwuping - Ten feet (10').
G. Minimum distance between all other principal structures - Twenty feet (20').
H. Minimum distance between all other accessory structures - Ten feet (10').
I. Minimum floor area - None required.
13/t/~7-3)tll V~t OlI-AJaihss
~ ..... 6-2
J. Minimum lot or parcel area - None required.
K. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Pelican Marsh Community
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.
SECTION VII
ACTIVITY CENTER DISTRICT
7.1 PURPOSE
The purpose of this section is to identify permitted uses and development standards for
areas within Pelican Marsh Community designated on the Master Plan as "AC."
7.2 MAXIMUM SQUARE FOOTAGE/ROOMS
A maximum of 300,000 square feet leasable floor area of retail uses; 200,000 square feet
gross floor area of office uses, including up to 50,000 square feet of medical offices; 400
hotel rooms and 80,000 square feet (750 seat) of cultural facilities may be constructed on
lands designa, ted "AC."
7.3 GENERAL DESCRIPTION
Areas designated as "AC" on the Master Plan are designed to accommodate a full range
of retail. service and office commercial uses, essential services, and customary accessory
uses.
The approximate acreage of the "AC" district 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 3.3, and Division 3.2
respectively, of the Collier County Land Development Code. Activity Center tracts are
designed to accommodate internal roadways, open spaces, lakes and water management
facilities, and other similar uses found in Activity Center areas.
7.4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land used,
in whole or pan, for other than the following:
A. Permitted Principal Uses and Structures:
1. Accounting, Auditing and Bookkeepin~ Services (Group 8Tll).
2. Amusements tnd Recreation Servie, c~ - Indoor (Groups 7911-7941, 7991,
7993, 7997).
3. Apparel and Accessory Stores (Groups 5611-5699).
4. Automotive Dealers and Gasoline Service Stations (Groups 5511-5599).
5. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542).
6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261).
Iltlfi~.}191$ Var~ OIb&Jadfi4~
7. Business Services (Groups 7311-7352, 7359 except airplane, industrial
truck, portable toilet and oil field equipment renting and leasing, 7361-
7397 except armored car and dog rental, 7389 exert auctioneeHng,
bronzing, field warehousing, salvaging of damaged merchandise).
8. Commercial Printing (Group 2752, excluding newspapers).
9. Depository Institutions (Groups 6011-6099).
10. Eating and Drinking Establishments (Groups 5812, 5813).
1 I. Engineering, Accounting, Research, Management and Related Services
(Groups 8711-8748).
12. Food Stores (Groups 5411-5499).
13. General Merchandise Stores (Groups 5311-5399).
14. Glass and Gluing Work (Group 1793).
15. Golf Club Facilities including Ancillary Teaching Facilities and
Temporary Golf Clubhouses (Groups 7992, 7997, 7999 )
16. Group Care Facilities (Category I and II), Care Units, Nursing Homes and
'Family Care Facilities (Groups 8051 excluding mental retardation
hospitals, ?052, 8059).
17. Health Services (Groups 8011-8049, 8082, 8093, 8099).
18. Holding and Other Investment Offices (Groups 6712-6799).
19. Hotels and Motels not to exceed 400 rooms (Groups 7011, 7021, 7041).
20. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736).
21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411).
22. Legal Services (Group 8111).
23. Libraries (Group 8231).
24. Membership Organizations (Groups 8611-8699).
25. Miscellaneous Repair Services (Groups 7622-7641, 7699 except
agricultural equipment repair, awning repair, beer pump coil cleaning and
repair, blacksmith shops, catch basin, septic tank and cesspool cleaning,
coppersmithing, farm .machinery repair, fire equipment repair, furnace and
chimney cleaning, industrial truck repair machinery cleaning, repair of
service station equipment, boiler cleatring, tinsmithing, tractor repair).
26. Miscellaneous Retail (Groups 5912-5963, 5992-5999).
27. Motion Picture Theaters (Group 7832).
28. Multi-Family Dwellings including Garden Apartments.
29. Non-Depository Credit Institutions (Groups 6111-6163).
30. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry
cleaning only, 7217, 7219-7261 cxc~t crematories, 7291-7299).
31. Real Estate (Groups 6512, 6531, 6541).
32. Resort Recreation Facilities including but not limited to Tennis Clubs,
Health Spas, Equestrian Clubs and other Recreational Clubs (Groups
7991, 7999)
33. Public Administration (Major Groups 91, 92, 93, 94, 95, 96, 97)
34. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993,
7997, 7999)
35. Security and Commodity Brokers, Dealer, Exchanges and Servic.~
(Groups 6211-6289).
Vat:
...... 7'2
36. Social Services (Groups 8322-8399).
37. United States Postal Service (Group 4311 except major distribution
center).
38. Veterinary Services (Groups 0742, 0752 excluding outside kenneling).
39. Video Tape Rental (Group 7841).
40. Vocational Schools (Groups 8243-8299).
41. Uses permitted under Section 3.4 of this PUD, subject to the Development
Standards of Section 3.5.
42. Any other principal use which is comparable in nature with the foregoing
uses (including general and professional offices not specifically listed
above) and which the Development Services Director determines to be
compatible in the "AC" district.
B. Permitted Accessory Uses and Structures
1. Accessory uses and structures customarily associated with principal uses
permitted in this district.
2. Customary accessory uses for hotel and motel principal uses including but
not limited to shops, personal service establishments, eating or drinking
establishments, dancing and staged entertainment facilities, and meeting
room and auditorium where such uses are an integral part of a hotel or a
motel, with common architectural staadards, even if contained in a free-
standing building. Other accessory uses include, but are not limited to,
recreational facilities that serve as an integral pan of the permitted uses
such as pool, tennis facilities, parks, playgrounds and playfields.
3. Separate dwelling units, such as villas or casitas may be under the
management of a hotel without being considered a hotel room.
4. 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 "AC" district.
7.5 DEVELOPMENT STANDARDS
A. Minimum Yard Requirements:
1. Front Yard: Twenty-five feet (25') minimum or one-half the building
height, whichever is grater.
2. Side Yard: Fifteen feet (15').
3. Rear Yard: Fifteen feet (15').
4. Any yard abutting a residential parcel: Twenty-five feet (25').
5. Setback from a lake for all principal and accessory uses may be zew feet
{0') provided architectural bank treatment is incorporated into the design
I~sb~l.})911 Ve. OII-AJ~ld~S
)401M.-O!2-QQ3-P-0
and subject to written approval from PMDRC, PMCDD and Collier
County Development Services Department.
B. Exterior lighting shall be arranged in a manner which will protect roadways and
residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - One hundred feet (100').
D. Minimum distance between all other principal structures - Twenty feet (20').
E. Minimum distance between all other accessory structures (excluding drive-through
facilities) - Ten feet (10').
F. Minimum floor area - Seven hundred (700) square feet gross floor area on the
ground floor.
G. Minimum lot or parcel area - Ten thousand (10,000) square feet.
H. Minimum lot width - Seventy five feet (75').
I. Standards for parking, landscaping, signs and other land uses where such
standards are not specified herein or within adopted Pelican Marsh Conunity
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 prir;cipal structures.
J. The maximum density for Adult Congregate Living Facilities and other types of
elderly housing shall be twenty-six (26) units per gross acre.
K. The net platted parcel density of hotel rooms per acre may exceed twenty-six (26)
rooms per acre; however, the total number of hotel rooms permitted in the
Activity Center District shall be 400.
1:3~ff).3)t|| '/ac
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8.1 PURPOSE
The purpose of this Section is to set forth the development commitments of Developer
within Pelican Marsh Community.
8.2 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 where specifically noted or otherwise set
forth in this document, or as otherwise approved by Collier County. 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 forth herein.
In addition, the Master Plan and the regulations of the PUD document as adopted along
with any other specific conditions or stipulations as may be..agreed to in the rezone
hearing before the Board of County Commissioners, shall control and be applicable to
development of the subject property. The Developer, its successors and assigns shall be
bound by said documents, commitments, and stipulations.
8.3 MASTER PLAN
The Master Plan, WMB&P, Inc. File No. RZ-219-H, 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 Developer's criteria and
comply with all applicable requirements of this ordinance.
The Development Services Director shall be authorized to approve minor changes ~
refinements to the Pelican Marsh Community Master Plan upon written request of the
Developer.
A. The following limitations snail apply to such requests:
1. The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and the Pelican Marsh Community
PUD document.
2. The minor change or refinement shall meet the criterion of Section
380.06(19)(e)2., Florida Statutes, and shall not require a determination
and Public Hearing pursuant thereto.
3. The minor change or refinement shall not constitute a substantial change
pursuant to Article 2, Division 2.7, Subsection 2.7.3.5.1. of the Collier
County Land Development Code.
4. The minor change or refinement shall be compatible with adjacent !and
uses and shall not create detrimental impacts to abutting land uses, water
management facilities, and Reserve areas within or external to the PUD.
B. The following shall be considered minor changes or refinements, subject to the
limitations of PUD Section 8.3.A:
1. 'Recon~guration of Reserve areas, jurisdictional wetland limits, and
mitigatioP features as a result of regulatory agency review.
2. Reconfiguration of lakes, ponds, canals, or other water management
facilities where such changes are consistent with the criteria of the South
Florida Water Management District and Collier County, and where there
is no further encroachment into Reserve areas.
3. Reconfiguration of golf course envelopes and design futures.
4. Internal realignment of rights-of-way other than a relocation of access
points to the PUD.
5. Reconfiguration of residential parcels when there is no encroachment into
Reserve areas.
C. Minor changes and refinements as described above shall be reviewed by
appropriate Collier County staff to ensure that said changes and refinements are
otherwise in compliance with all applicable County Ordinances and regulations
prior to the Development Services Director's consideration for approval.
D. Approval by the Development Services Director of a minor change or refinemere
may occur independently from and prior to any application for Subdivision or Site
Development Plan approval, however such approval shall not constitute an
authorization for development or implementation of the minor change or
refinement without tirst obtaining all other necessary County permits and
approvals.
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NOIJ6-OJi-4203*P~t
8.4 POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County ~
Development Code, accommodation shall be made for the future use of building space
within common areas for the purposes of accommodating the function of an electoral
polling place.
An agreement between the Supervisor of Elections and the Developer was recorded in the
official records of the Clerk of thc Circuit Court of Collier County, and is binding upon
any and all successors in interest that acquire ownership of such common areas including
homeowners associations or tenants associations. This agreement provides for said
community recreation/public building/public room or similar common facility to be used
for a polling place if determined to be necessary by the Supervisor of Elections.
8.5 MONITORIIC/G REPORT
An annual monitoring rcl..~rt shall be submitted pursuant to Article 2, Division 2.7,
Section 2.7.3.6 of the Collier County Land Development Code.
8.6 SUNSETTING
This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2.7.,
Section 2.7.3.4 of the Collier County Land Development Code, until such time as Collier
County issues a DRI Development Order for the Pelican Marsh Community, at which
time the provisions of the Development Order relative to duration aM effective date shall
govern.
8.7 TRANSPORTATION
A. The developer shall provide appropriat~ left and/or right mm lanes at all
community access points to public rights-of-way at the time of construction of
each access.
B. The developer shall provide arterial level street lighting at all community access
points to State or County public rights-of-way at the time of construction of each
access.
C. The developer shall provide a fair share contribution toward the capital cost of
traffic signals at any community access points to a public right-of-way when
deemed warranted by the County. These signals will be owned, operated and
maintained by Collier County.
Vet 011-AJoliaJ
..... 84
D. Collier County and Developer entered into an Agreement dated January 12, 1993,
(herein "Agreement") to address the alignment and environmental permitting for
Vanderbilt Beach Road (herein "VBR") through the Pelican Marsh Community
property; and to address environmental permitting for the expansion of
Goodlette-Frank Road from Immokalee Road to VBR.
E. As is set forth in the Agreement, Developer is responsible for the environmental
permitting for the preferred road alignment of VBR within the Pelican Marsh
Community PUD property. Pursuant to the Agr~ment, Developer is ,'.iigible for
Road Impact Fee credits for half of their expenditures per t,':c Agreement in
obtaining environmental permits.
F. Developer agrees to dedicate to Collier County the road right-of-way required for
that section of VBR within the Pelican Marsh Community PUD boundaries owned
by DeVeloper, upon request by Collier County, so long as that right-of-way is the
alignment depicted on the Pelican Marsh Community PUD Master Plan or an
alternative alignment acceptable to Developer. Developer shall be eligible for
Road Impact Fee ~.redits for this dedication pursuant to Ordinance 92-22 and
Section 380.06 (16)_,E1.c~;1LSI~:I~, 1992, as is further set forth in Section 8.12
hereof. The value of said right-of-way dedication shall be equal to Developer's
cost of acquisition of the property.
G. There are acknowledged benefits to both the County and Developer in the
alignment of VBR shown on the Pelican Marsh Community PUD Master Plan,
and as referenced in the Agreement and hereinafter as the "Preferred Alignment".
However, there is the potential that the cost of environmental permitting,.
mitigation, design, and construction of the road segment in its Preferred
Alignment could be more expensive than an alternative alignment within the area
of consideration referenced in A~chment 1 to the Agreement. If the ultimate
alignment of VBR within the Pelican Marsh Community PUD boundaries is the
Preferred Alignment or the ultimate alignment is otherwise acceptable to
Developer, Developer agrees to pay the "Differential Cost" for the segment of
VBR within Pelican Marsh Community PUD boundaries. "Differential Cost"
means the reasonably ascertainable additional cost of environmental permitting,
environmental mitigation, design and consauction of that segment of VBR within
the Pelican Marsh Community PUD boundaries as compared to the total of the
same cost elements for permittable alternative alignments within the area of
consideration referenced in Attachment I to the Agreement. Developer shall not
be entitled to reimbursement under the Agreement or Road Impact Fee credits for
the "Differential Cost" described herein.
H. The cost for design, permitting and construction of the Goodlette-Frank Road
overpass structure, approved by the Board of County Commissioners to
accommodate up to six (6) lanes, is not the County's responsibility, but that of the
development entity.
I. Payment of Road Impact Fees shall be in accordance with the applicable
ordinance as amended with the stipulation that payment shall occur at the time of
building permit issuance or in accordance with the requirements of the Collier
County Land Development Code, Division 3.15, Adequate Public Facilities.
J. These transportation stipulations set forth in Section 8.7 of the PUD are not
intended as a novation of the referenced Vanderbilt Beach Road Agreement; said
Agreement remains in full force and effect, except to the extent certain provisions
of the same may be specifically superseded by the provisions of Section 8.7.
K. The developer shall build, at its cost, a Vanderbilt Beach Road buffer within t~
Pelican Marsh Community PUD property south of the Vanderbilt Beach Road
right.-o.f-way and north of Hickory Road fight. of-way. This buffer shall include a
minhnum six foot berm landscaped and irrigated except where the roadway is
located' adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot
be constructed due to limited width, the buffer will include canopy trees and
shrubs. The buffer area will be completed prior to the opening of Vanderbilt
Beach Road for pubhe use.
L. Internal access between the Pelican Marsh Community Activity Center and the
Pelican Marsh Community shall be designed in a manner that provides for
vehicular, pedestrian, and bicycle access to the Pelican Marsh Community
Activity Center uses without requiring residents of Pelican Marsh to exit the
Community. Such access may be restricted by the developer to maintain the
privacy and security of the Pelican Marsh Community residents. Vehicular,
pedestrian and bicycle access connections between the Pelican Marsh Community'
and the Activity Centers located at the Vanderbilt Beach Road/U.S. 41
intersection and the Immokalee RoadFO.S. 41 intersection shall not be required.
M. No final local development orders (building permits) will be granted for Activity
Center uses until the completion of two lanes of Vanderbilt Beach Road from
U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final
Site Development Plan applications may be submitt~ and approved for Activity
Center uses after commencement of construction of Vanderbilt Beach Road from
Airport-Pulling Road to U.S. 41.
N. The Pelican Marsh Community shall be subject to any duly adopted fair share or
pro-ata funding mechanism established by Collier County to implement an area-
wide pedestrian and bicycle' path system. Pelican Marsh Community may be
eligible for credits to be applied toward its fair share pro-ata contribution based
on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road,
and Goodlette-Frank Road.
O. The Pelican Marsh Community PUD Master PIn indicates access points to the
Pelican Marsh Community Activity Center which are consistent with the Collier
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J, dQI)64Sl..~O3-P-O
County Land Development Code Access Management Plan and Map. The
easternmost access from Vanderbilt Beach Road to the Pelican Marsh Activity
Center (east quadran0 was not shown on Collier County Land Development Code
Map 11 because that Map does not reflect the recon~guration of the Pelican
Marsh Community Master Planned Activity Center. Map 11 of the Collier
County Land Development Code shall be deemed mended by the adoption of this
PUD to reflect the reconfiguration of the Activity Center and the addition of the
easternmost access as shown on the Pelican Marsh Community PUD Master Plan.
P. Developer agrees to dedicate (or cause to have dedicated) to Collier County the
road right-of-way required for that section of proposed Livingston Road within
the Pelican Marsh Community PUD boundaries. The conveyance shall dedicate
all property within the Pelican Marsh Community PUD east of the FPL easement
to the County and be by general warranty d~d with a disclaimer as to suitability
of pu_q~.Se. The timing of the dedication shall be at the request of Collier County
and Collier County shall be responsible for all costs of conveyance. Developer
shall be entitled to impact f~ credits for this dedication pursuant to Ordinance 92-
22 and Section 38C 06(16), Florida Statutes, (1995). The value of the dedicated
property shall be determined pursuant to Subsection 2.7.2.8.1. of the LDC.
8.8 WATER MANAGEMENT
A. An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal
relocation in accordance witli Division 3.5 of Collier County Ordinance No. 91-
102 and South Florida Water Management District rules.
B. A copy of a South Rorida Water Management District Permit or Early Work
Permit is required prior to construction plan approval.
C. A lener of no objection from the Collier County Utility Division stating that no
adverse impacts on the pemolation ability of the adjacent wastewater treatment
ponds will occur as a result of the Pine Ridge Canal relocation shall be provided
prior to subdivision construction plans approval or Preliminary Work
Authorization, which ever occurs first. Preliminary Work Authorization was
approved by the Board of County Commissioners on May 20, 1993, and mended
on April 19, 1994.
D. All off-site flow collection and routing facilities shall be reviewed and approved
by Collier County Development Services Department at the time of subdivision
construction plan approval.
E. The fixed crest weir with emergency underflow gate which replaces the existing
amil gate will be reviewed and approved by Collier County at the time of
Cocohatchee Strand Reswration Plan construedon plans or Preliminary Work
Authorization approval. Preliminary Work Authorization was approved by the
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Board of County Commissioners on May 20, 1993, and amended on April 19,
1994.
F. As long as Collier County has operation and maintenance authority over the
existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), Developer or
the PMCDD will pay for the design and construction costs associated with the
rehabilitation of said amil gates. The rehabilitation will be limited to normal
refurbishmerit of the gates (including the bearings and access walks) and the gate
seals (if required). Replacement of the gates, cradles, structures, or foundations,
if required, will not be the responsibility of Developer, the PMCDD, or their
assigns. Collier County will contribute $9,000.00 to the cost of design and
construction. The rehabilitation shall be completed by the time the Coc~hatchee
Strand Restoration Plan is certified complete to South Horida Water Management
District.
G. Water 'management and canal easements conveyed to SFWMD and the County
will be per the Pelican Marsh Preliminary Work Authorization as amended on
April 19, 1994.
H. If legally and physically possible, the PMCDD will maintain that portion of the
Pine Ridge Canal off-site from the south border of the PUD to a point
immediately south of the Immokalec Road amil gates. Maintenance responsibility
by the PMCDD for this portion will cease at t~e time of final development order
for the properly encompassing said portion of canal. The PMCDD will not be
responsible for capital improvements to the canal or improvements to make
reasonable access to and along the canal possible.
I. The rate of post-development stormwater discharge into the Pine Ridge Canal,
Airport Road Canal and Immokalee Road Canal will be determined by SFWMD
during the surface water management permitting process.
A. Temporary construction and/or sales trailers may use septic tanks or holding tanks
for waste disposal subject to permitting under F.A.C. 10D4, and may use potable
or irrigation wells.
B. Golf course rest stations and maintenance buildings may be permitted to us~ septic
tanks or holding tanks for waste disposal subject to permitting under F.A.C.
10D-6, and may uso potable and irrigation wells.
C. The project will be served by central potable water distribution, fire protection
and sewage collection facilities.
D. Irrigation water will be provided with a separate distribution system supplied by
onsite wells, reclaimed water or other non-potable water source.
N01M~S2.00}-1~4
E. Water distribution, sewage collection and transmission facilities to serv~ the
project are to be designed, constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance No. 88-76 (refer to agreement that
approved PMCDD, Resolution//93-187), as mended, and other applicable
County rules and regulations.
F. PMCDD will be responsible for installing potable water and irrigation water
service connections to distribution mains for single family only. Use of the
services will be approved on final inspection and acceptanc~ by Collier County.
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 tl~
County in accordance with the County's established rates.
G. The on-site water distribution system serving the project must be connected to the
Collier' County Water-Sewer District's (the District) water main available and
adjacent to the Community boundaries consistent with the main sizing
requirements spet?.qed in th~ project's Utility Master Plan and extended
throughout the project. During design of these facilities dead end mains shall be
minimized by Iooping tbe internal pipeline network where feasible.
H. The project's Developer(s) his assigns or successors may negotiate an Agreement
with the District for the use of treated sewage effluent within the project limits,
for irrigation purposes. The Developer would be responsible for providing all on-
site piping and pumping facilities from the County's point of delivery to the
project and negotiate with the County to provide full or partial on-site storage
facilities, as required by the FDEP consistent with the volume of treated
wastewater to be utilized.
I. The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the County's master pump station is
transmitted by one (1) main on-site pump station for each sewage collection basin.
Due to the design and configuration of the master pump station, flow by gravity
into the station will not be possible. The Developer's Engineer shall meet with
the County staff prior to commencing preparation of construction drawings, so
that all aspects of the sew.erage system design can be coordinated with the
County's sewer master plan.
J. The existing off-site utility facilities of the District must be evaluated for hydraulic
capacity to serve this project and reinforced as required, if necessary, consistent
with the County's Water Master Plan to insure that the District's water system can
hydraulically pwvide a sufficient quantity of water to meet the anticipated
demands of the project and the District's existing committed capacity. This
requirement will be waived tSrovided a written statement is obtained from Collier
County Utilities Division stating that the District has adequate facfiities and
capacities to serve that phase of the project at the time utility service is required.
1~'~7-3}915 Wt. OH-AJenktm
K. The existing off-site sewage tramminion facilities of the District must be
evaluated for hydraulic capacity to serve this project and improved as required
outside the project's boundary to provide adequate capacity to transport the
additional wastewater generated without adverse impact to the existing
transmission facilities. This requirement will be waived provided a written
statement is obtained from Collier County Utilities Division stating that the
District has adequate facilities and capacities to serve that phase of the project at
the time utility service is required.
L. Within the Pelican Marsh Community landscaping (including palm tree~, shrubs
and groundcovers), sidewalks/paths will be allowed within utility easements
including placement within three feet (3') of a utility line. Canopy trees may be
located seven feet (7') from the utility line (seven feet (7') being measured from
the trunk of the tree to the centerline of the utility line). Reconstruction of
side:walk/pathways or modification/re-installation of plant materials due to
necessary maintenance of utility line will be the responsibility of the Developer its
successors or assigns.
M. Collier County Utilities Division shall allow the installation of potable water and
in'igation water service cormections to distribution mains during constmaion of
the single family subdivision utilities. The installation will be scheduled upon
request and payment of fees by the developer, its successors and/or assigns. The
installation will be in accordance with the approved plans and spccifw. ations.
current policies and procedures, and performed by the devclopen' conn--,nor.
The contractor must be approved for the installation by the Collier County
Utilities Division. Fees will be determined by the current ordinance in effect at
the time of the request for connections. Reimbursement of connection fees will be
rebated to the developer annually based on meter installations.
N. Developer will prepare a study to determine the most effective and efficient means
to shield the light source spill. over from the sports field lights at Vcteran's Park.
The study will address the approach, installation methods, costs and scheduling of
the work and will be presented to the Collier County Parks ~ Recreation
Director for review and appwval. Sixmid the improvements be determined by the
County to be expenses that are eligible for impact fees credits, the developer will
pwvide the County with engineered drawings and specifications suitable for
bidding by the County. Developer will pay the County the value of light shield
installation and receive impact fee credit, if it qualifies under the County's Parks
and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work
pursuant to the terms of the impact fee ordinance.
8.10 ENVIRONMENTAL
A. In order to avoid repetitive review of environmental issues in subsequent stages of
the County development approval process, the requirement for obtaining approval
sas.n.33,ss vr. 0,-AJ.,ddm 8-9
Pelican Marsh Community :',
' '~'!i
· ~- ~ ,..~. ~ Il
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. 97-79
Which was adopted by the Board of County Commissioners on the 9th day
of December, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this llth day of December,
1997.
DWIGHT E. BROCK
Clerk of Courts anti'Clerk
Ex-officio to Boarc~ of
Cou .....
By: Ellie Hoffman
Deputy Clerk