Ordinance 99-49 ORDINANCE NO. 99- 49
R~C_EI~/E0 i7, AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE
Clev~ COLLIER COUNTY LAND DEVELOPMENT CODE WHICH
ot Board
cTMINCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR
¢1, .~:' THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA
~'!'~!:~)!!~-!i-~!!i~"BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER
8630 N; BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRIBED REAL PROPERTY FROM "A' RURAL
AGRICULTURE AND "PUD" PLANNED UNIT DEVOLOPMENT TO
"PUD" PLANNED UNIT DEVELOPMENT KNOWN AS MALIBU
LAKE AND ALLOWING A MAXIMUM OF 799 MULTI-FAMILY
DWELLING UNITS AND COMMERCIAL USES FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD (C.R.
846) AND THE EAST SIDE OF 1-75, IN SECTION 30, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 150.15+ ACRES; PROVIDING FOR THE RE~L -_
OF ORDINANCE NUMBER 92-4, THE FORMER MOCAKE~.'~ ~
AND ORDINANCE NUMBER 97-34, THE FORMER ZURICH ~ b_'= -
VILLAS PUD; ANn PROVIDING AN EFFECTIVE DATE. "Tl
WHEREAS, ~Vil|iam L. Hoover, representing Daniel R. Monaco, Trustee c~,~IV[i el
Nortrnan, Development Manager, The Prime Group, Inc., petitioned the Bo~of~ounty
Commissioners to change the zoning classification of the herein described real property;
NOVa, THEREFORE BE IT ORDAINED by the Board of County Commissioners of
Col|ier County, Florida:
SECTION ONE:
The zoning classification of the h~rdn d~scdbed real property located in Section 30,
Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rura|
Agriculture and "PUD" to "PUD" Planned Unit Deve|opment in accordance with the Malibu
Lakes PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The
Offichl Zoning Atlas Map Number 8630 N, as described in Ordinance Number 91-102, the
Co|lier County Land Devdopment Code, is hereby amended accordingly.
SECTION TV~O=
Ordinance Number 92-4, the former Mocake PUD adopted on January 14, 1992 and
Ordinance Number 9?-34, the former Zurich Lake Villas PUD adopted on August 5, 1997 are
hereby repealed in their entirety;
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this'~f~' day o~cv,,_t_ ,1999.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUN A
"ff'X~IdHT E. BROCK, Clerk ' '
$JgfttltUCll Oill2/. This ordinanCe ~lled wl,~h the
'~" Secreton/of Stote's Office the
~day of ~
Approved as to'Form
and Legal Sufficiency and ocknow ~ o4 that
filin received this ~doy
of ~~
Madame M. Student '
Assistant County Attorney
PUD-99-1 ORDINANCE/
-2-
MALIBU LAKE PgD
A PLANNEB gNIT BEVELGPMENT
PREPARED FOR:
MICHAEL E. NORTMAN
PRIME RESIDENTIAL, LLC
77 W. WACKER DRIVE, SUITE 4200
CHICAGO, ILLINOIS 60601
DANIEL R. MONACO, TRUSTEE
BUILDING L, 2ND FLOOR
3301 E. TAMIAMI TRAIL
NAPLES, FLORIDA 34112
PREPARED BY:
WILLIAM L. HOOVER, AICP
HOOVER PLANNING
3785 AIRPORT ROAD N., SUITE B
NAPLES, FLORIDA 34105
Q. GRADY MINOR, P.E.
Q. GRADY MINOR & ASSOCIATES, INC.
3800 VIA DEL REY
BONITA SPRINGS, FLORIDA 34134
RICHARD D. YOVANOVICH
GOODLETTE, COLEMAN & JOHNSON, P.A.
4001 N. TAMIAMI TRAIL, SUITE 300
NAPLES, FLORIDA 34103
DATE FILED December 28, 1998
DATE REVISED June 22, 1999
DATE REVIEWED BY CCPC June 3, 1999
DATE APPROVED BY BCC June 22, 1999
ORDINANCE NUMBER
LIST OF EXHIBITS
EXHIBIT "A" PUD MASTER PLAN
EXHIBIT "B" PUD WATER MANAGEMENT PLAN
EXHIBIT "C" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING
EXHIBIT "D" DEPICTION OF ARCHITECTURALLY DESIGNED POLE LIGHTING
EXHIBIT "E" DEPICTION OF PROJECT ENTRY SIGN
EXHIBIT "F" DEPICTION OF PROJECT ENTRY SIGN
EXHIBIT "G" LEGAL DESCRIPTION
STATEMENT OF COMPLIANCE
The development of approximately 150.15+ acres of property in Collier County, as a
Planned Unit Development to be known as Malibu Lake PUD will be in compliance with
the planning goals and objectives of Collier County as set forth in the Collier County
Growth Management Plan. The commercial and residential facilities of the Malibu
Lake PUD will be consistent with the growth policies, land development regulations,
and applicable comprehensive planning objectives for the following reasons:
1. The commercial portion of the subject property is within the Interstate Activity
Center Land Use Designation as identified on the Future Land Use Map, as
described in the Activity Center Sub-District of the Urban - Commercial District in
the Future Land Use Element. The Future Land Use Element permits
commercial land uses in this area.
2. The subject property is located on the southern side of Immokalee Road,
approximately 1000 feet west of the intersection between Oakes Boulevard and
Immokalee Road. This strategic location allows the commercial site area
superior access for the location of highway interchange land uses, as permitted
by the Future Land Use Element.
3. The subject property's location in relation to existing or proposed community
facilities and services permits the development's intensity of commercial land
uses as required in Objective 2 of the Future Land Use Element.
4. The subject project has a shared frontage road and access onto Immokalee
Road, with the adjacent Brentwood (commercial) PUD to the east and the
adjacent Crestwood (commercial) PUD to the west. Such access point is a
designated access point on the Collier County Access Management Plan, as
described in Policy 4.4 of the Future Land Use Element.
5. The residential portion of the subject property is within the Urban Residential
Mixed Use District Land Use Designation as identified on the Future Land Use
Map.
6. The residential portion of the subject property's location in relation to existing or
proposed community facilities and services permits the development's
residential density as described in Objective 2 of the Future Land Use Element.
7. The residential project area is located within the Residential Density Band
around the Interstate 75 - Immokalee Road (C.R. 846) Activity Center, as
described within the Density Rating System of the Future Land Use Element.
8. The project development is compatible and complimentary to surrounding land
uses as required in Policy 5.4 of the Future Land Use Element.
9. Improvements are planned to be in compliance with applicable sections of the
Collier County Land Development Code as set forth in Objective 3 of the Future
Land Use Element.
10. The project development will result in an efficient and economical allocation of
community facilities and services as required in Policies 3.1 .H and 3.1 .L of the
Future Land Use Element.
11. The project development is planned to protect the functioning of natural drainage
features and natural groundwater aquifer recharge areas as described in
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
12. The projected density of 5.00 dwelling units per acre on the residential portion of
the subject PUD is in compliance with the Future Land Use Element of the
Growth Management Plan based on the following relationships to required
criteria:
Base Density 4 dwelling units/acre
Activity Center Density Band +3 dwelling units/acre
Maximum Permitted Density 7 dwelling units/acre
13. All final local development orders for this project are subject to Division 3.15,
Adequate Public Facilities, of the Collier County Land Development Code.
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the
property, and to describe the existing conditions of the property proposed to be
developed under the project name of Malibu Lake PUD.
1.2 LEGAL DESCRIPTION
The subject property being 150.15+ acres, located in Section 30, Township 48
South, and Range 26 East, with the legal descriptions provided as Exhibit "G".
1.3 PROPERTY OWNERSHIP
The subject property is owned by:
(Parcel A)
Daniel R. Monaco, Trustee
Building L, 2nd Floor
3301 E. Tamiami Trail
Naples, Florida 34112
(Parcel B)
William L. Hoover, Trustee
3785 Airport Road N., Suite B
Naples, Florida 34105
(Parcels C - G)
Dell E. Cook, Trustee
27670 #B-4, Bay Point Lane
Bonita Springs, Florida 34134
(Parcel I)
James M. & Allie Rebecca Smith
12829 W. Foss Grove Path
Inglis, Florida 34449
(Parcel J)
William L. Hoover & David W. Rynders
3785 Airport Road N., Suite B
Naples, Florida 34105
(Parcels K and L)
Kenneth M. Bloom & Wayne H. Sykes, Co-Trustees
1401 Brickell Avenue, Suite 700
Miami, Florida 33131
(Parcel M)
Joette and Stephen P. Henry, Trustees
7344 E. Rose Lane
Scottsdale, Arizona 85250
The subject property is under purchase contract by:
(Parcel H)
William L. Hoover, Trustee
3785 Airport Road N., Suite B
Naples, Florida 34105
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The subject property is located on the south side of Immokalee Road,
adjacent to and east of the Interstate 75 right-of-way (unincorporated
Collier County), Florida.
B. The northern 1/4 of the subject property is comprised of the 8.59+-acre
Mocake PUD, that is undeveloped but approved for commercial land
uses. Commercial land uses would continue to be permitted on this parcel
within this mixed use PUD. The southern 3/4 of the subject property is
comprised of 97.20+ acres of undeveloped Agriculturally-Zoned and
44.36+ acres of the Zurich Lake Villas PUD (a residential PUD approved
for 222 units) that would be rezoned for residential uses within this mixed
use PUD.
1.5 PHYSICAL DESCRIPTION
The project site is located within the 1-75 Canal Drainage Basin according to the
Collier County Drainage Atlas. The proposed out-fall for the project is the
existing canal along the eastern property line.
Natural ground elevation is approximately 10.2 to 13.9 NGVD. The entire site is
located within FEMA Flood Zone "X" with no base flood elevation specified.
The water management system for the project proposes the construction of a
perimeter berm with crest elevation set at the 25-year, 3-day flood stage. Water
quality pretreatment is proposed on the on-site lake system prior to discharge to
the existing canal, located along the eastern PUD boundary. Utilization of the
wetlands for discharge (no storage) of the design storm improvements is
included as part of the design. Discharging to the wetland preserve areas will
improve the hydro-period.
Per Collier County Soil Legend, dated 1998, there are 4 types of soil found
within the limits of the property:
#2 - Holopaw Fine Sand, Limestone Substratum
#11 - Hallandale Fine Sand
#14 - Pineda Fine Sand, Limestone Substratum
#21 - Boca Fine Sand
The site vegetation consists mainly of Pine flatwoods and Cypress/Cabbage
Palm wetlands. The site has been moderately invaded by exotics (i.e.
Melaleuca and Brazilian Pepper).
1.6 PROJECT DESCRIPTION
The Malibu Lake PUD is a mixed use project comprised of 8.59 acres of
commercial land uses on the northern 1200 feet of the subject site and the
southern 3950 feet of the site is designated for a maximum of 708 residential
units on the remaining 141.56 acres. More specifically the residential portion of
the mixed use PUD is comprised of: the 48.1-acre Northern Residential Area, a
49.1-acre Middle Residential Area, and a 44.36-acre Southern Residential Area
(currently the Zurich Lake Villas PUD approved for 222 units). The residential
units are projected to be developed as garden apartments and condominiums.
An approximate 10-acre tract within the Northern Residential Area may be
developed as an adult living facility or nursing home, with approval of a
Conditional Use petition. For each acre allocated for development as an adult
living facility or nursing home, a minimum of 5.00 units shall be subtracted from
the 708 residential units permitted within this PUD. Recreational facilities will be
provided in conjunction with the dwelling units. The commercial and residential
land uses, recreational uses, and signage are designed to be harmonious with
one another in a natural setting by using common architecture themes, quality
screening/buffering, and native vegetation, whenever feasible.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Malibu Lake Planned Unit
Development Ordinance".
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project
plan of development, relationships to applicable County ordinances, the
respective land uses of the tracts included in the project, as well as other project
relationships.
2.2 GENERAL
A. Regulations for development of the Malibu Lake PUD shall be in
accordance with the contents of this document, PUD - Planned Unit
Development District and other applicable sections and parts of the
Collier County Land Development Code and Growth Management Plan in
effect at the 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. Where
these regulations fail to provide developmental standards then the
provisions of the most similar district in the Land Development Code shall
apply.
B. Unless otherwise noted, the definitions of all terms shall be the same as
the definitions set forth in the Collier County Land Development Code in
effect at the time of building permit application.
C. All conditions imposed and graphic material presented depicting
restrictions for the development of the Malibu Lake PUD shall become
part of the regulations which govern the manner in which the PUD site
may be developed.
D. Unless specifically waived through any variance or waiver provisions from
any other applicable regulations, the provisions of those regulations not
' otherwise provided for in this PUD remain in full force and effect.
E. Development permitted by the approval of this petition will be subject to a
concurrency review under the provisions of Division 3.15 Adequate Public
Facilities of the Collier County Land Development Code at the earliest, or
7
next, to occur of either Final Site Development Plan approval, Final Plat
approval, or building permit issuance applicable to this development.
2.3 DESCRIPTION OF PROJECT DENSITY AND INTENSITY OF LAND USES
A maximum of 708 dwelling units shall be constructed in the residential areas of
the project. The gross project area within the residential areas is 141.56+ acres.
The gross project density shall be a maximum of 5.00 units per acre. Unless
ownership of all residential parcels (Parcels "B" through "M") is consolidated,
Parcels "B" through "M" as described in Exhibit "G" of this document shall be
prorated residential units based on the percentage that their acreage is of the
141.56+ acres designated for residential areas unless units are specifically
allocated by the Board of County Commissioners to the Northern, Middle, or
Southern Residential Areas. Residential units may be transferred across parcel
boundaries upon formal agreement of the property owner transferring the units.
For each acre allocated for development as an adult living facility or nursing
home, with approval of a Conditional Use petition, a minimum of 5.00 units shall
be subtracted from the 708 residential units permitted within this PUD. A
maximum of 8.59 acres of land shall be developed within the commercial areas
of the project at a floor area ratio of .45.
2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Parcels are identified by letter on the PUD Master Plan for purposes of
identifying the owner of that parcel. The actual development of the
residential portion of the property and/or subdivision of the residential
portion of the property can occur in any configuration and is in no way
limited to the configuration established by the identification of parcels set
forth in the PUD Master Plan. However, the types of uses identified on
the PUD Master Plan shall be as set forth in the general configuration
iljustrated graphically on Exhibit "A", which constitutes the required PUD
Development Plan. Any division of the property and the development of
the land shall be in compliance with the uses identified on the PUD
Master Plan, Division 3.2 Subdivisions of the Land Development Code,
and the platting laws of the State of Florida.
' B. The provisions of Division 3.3, Site Development Plans of the Land
Development Code, when applicable, shall apply to the development of all
platted tracts, or parcels of land as provided in said Division 3.3 prior to
the issuance of a building permit or other development order.
C. Appropriate instruments will be provided at the time of infrastructural
improvements regarding any dedications and the methodology for
providing perpetual maintenance of common facilities.
2.5 MODEL UNITS AND SALES FACILITIES
A. In conjunction with the promotion of the development, residential units
may be designated as models. Such model units shall be governed by
Section 2.6.33.4 of the Collier County Land Development Code.
B. Temporary sales trailers and construction trailers can be placed on the
site after Site Development Plan approval and prior to the recording of
Subdivision Plats, subject to the other requirements of Section 2.6.33.3 of
the Land Development Code.
2.6 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock-piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted.
Off-site disposal is also hereby permitted subject to the following conditions.
A. Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to 10% of the total volume
excavated but not to exceed 20,000 cubic yards.
B. · All other provisions of Division 3.5 Excavation of the Land Development
Code shall apply.
SECTION III
RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Residential Areas as shown on Exhibit "A", PUD Master Plan.
3.2 MAXIMUM DWELLING UNITS
The maximum number of residential dwelling units within the PUD shall be 708
units. Approximately 10 acres within the Northern Residential Area may be
developed as an adult living facility or nursing home, with approval of a
Conditional Use petition. For each acre allocated for development as an adult
living facility or nursing home, a minimum of 5.00 units shall be subtracted from
the 708 residential units permitted within this PUD.
3.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Single-family dwellings (includes zero-lot line).
2. Two-family dwellings (includes duplexes).
3. Multi-family dwellings (includes villas, coach homes, 'carriage
homes, townhouses and garden apartments).
4. Any other use deemed comparable in nature by the Development
Services Director.
B. Permitted Accessory Uses and Structures:
1. Customary accessory uses and structures including carports,
garages, and utility buildings.
2. Recreational uses and facilities including swimming pools, tennis
courts, volleyball courts, children's' playground areas, tot lots, boat
10
docks, walking paths, picnic areas, recreation buildings, and
basketball/shuffle board courts.
3. Manager's residences and offices, temporary sales trailers, and
model units.
4. Gatehouse.
5. Essential services, including interim and permanent utility and
maintenance facilities.
6. Water management facilities, including within the Natural Habitat
Preserve Area.
7. Recreational facilities, such as boardwalks, walking paths and
picnic areas, within the Natural Habitat Preserve Areas after the
appropriate environmental review.
8. Supplemental landscape planting, screening and buffering within
the Natural Habitat Preserve Areas, after the appropriate
environmental review.
9. Any other accessory use deemed comparable in nature by the
Development Services Director.
C. Permitted Conditional Uses and Structures:
1. Adult living facilities and nursing homes (only in the Northern
Residential Tract).
3.4 DEVELOPMENT STANDARDS
A, Table I sets forth the development standards for land uses within the
Malibu Lake PUD. Front yard setbacks in Table I shall be measured as
follows:
' 1. If the parcel is served by a public right-of-way, the setback is
measured from the adjacent right-of-way line.
2. If the parcel is served by a private drive, the setback is measured
from the back of curb or edge of pavement.
(a) Carports are permitted within parking areas.
il
(b) Garages are permitted at the edge of vehicular pavement.
12
TABLE I
RESIDENTIAL DEVELOPMENT STANDARDS
STANDARDS SINGLE-FAMILY TWO-FAMILY MULTI-FAMILY & ALF
Minimum Lot Area (per unit) 5,000 Sq. R. 3,500 Sq. Ft, NA for M/F & 0.45 FAR for ALF
Minimum Lot Width 40' Interior Lots (1) 70' Interior Lots (1) NA
(35')(2)
50' Comer Lots 80' Corner Lots NA
(40')(2)
Front Yard Setback 20'(3) 20'(3) 20'
Side Yard Setback
1 Story Both 5', or 0' & 10' Both 5', or 0' & 10' Greater of 7.5' or 1/2 BH
2 Story Both 7.5',or 0' & 15' Both 5', or 0° & 10' Greater of 10' or 1/2 BH
3 Story NA NA Greater of 12.5' or 1/2 BH
Rear Yard Setback
Principal Structure 20' 20' 20'
Accessory Structure 10' 10' 10'
PUD Boundary Setback
Principal Structure NA (4) NA (4) 20' (6)
Accessory Structure NA (5) NA (5) 10'
Lake Setback (7) 20' 20' 20'
Preserve Area Setback 25' 25' 25'
Distance Between Structures
Main/Principal
1 -Story 10' 10' 15'
2-Story 15' 15' 20'
3-Story NA NA 30'
Accessory Structures 10' 10' 10'
Maximum Hei,qht: 50' and 4 stodes for ALF only
Principal Building 35' and 2 stories 35' and 2 stories 40' and 3 stories
Accessory Building 20'/Clubhouse 35' 20'/Clubhouse 35' 20'/Clubhouse 35'
Minimum Floor Area 1200 Sq. Ft, 1100 Sq. Ft. I bedroom = 650 Sq,Ft./2
bedroom = 900 Sq. Ft./3-4 bed-
room = 1100 Sq. Ft.
(1) May be reduced on cul-de-sac lots.
(2) Minimum lot frontage in parenthesis applies in cases where a dwelling unit in a 2-family
structure is on an individually platted lot.
(3) Fifteen feet for homes with side entry garages.
(4) 50' for single-family and 75' for 2-family homes measured from the common boundary
between the canal easement and the Eastern PUD Boundary.
(5) Where applicable, 25' less than the principal structure.
(6) Two-story or higher buildings shall have a minimum setback of 80' from the common
boundary between the canal easement and the Eastern PUD Boundary. All principal buildings
shall have a minimum setback of 1' for each 1' of building height from any PUD Boundary.
(7) Lake sethacks are measured from the control elevation established for the lake.
13
B. Off-Street Parking and Loading Requirements:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
C. Open Space/Natural Habitat Preserve Area Requirements:
1. A minimum of sixty (60) percent open space, as described in
Section 2.6.32 of the Land Development Code, shall be provided
within the residential portion of the PUD.
2. Each residential Site Development Plan submitted to Collier
County shall demonstrate that development of the PUD is in
compliance with the minimum sixty (60) per cent open space
requirements.
D. Landscaping and Buffering Requirements:
1. A berm, rock, wall, fence, or combination thereof may be provided
by the developer adjacent to the Interstate 75 right-of-way. Such
buffer may have occasional openings to provide glimpses of the
project from Interstate 75. In order to maximize security and
minimize impacts on existing trees, fences or walls may measure
up to eight (8) feet in height of any berm/wall or berm/fence
combination.
2. If landscape buffers are determined to be necessary adjacent to
preserve areas, they shall be separate from the preserve areas.
3. If a Natural Habitat Preserve Area is shown along the. northern
boundary of the residential area, where it is adjacent to the
commercial area on the PUD Master Plan, and the preserve area's
vegetation meets the planting requirements of the normally
required buffer, a buffer shall not be required in this area.
E. Architectural Standards
1. All buildings, lighting, signage, landscaping and visible
architectural infrastructure shall be architecturally and aesthetically
unified. Said unified architectural theme shall include: a similar
architectural design and use of similar materials and colors
throughout all of the buildings, signs, and fences/walls to be
erected on all of the subject parcels. Landscaping and streetscape
14
materials shall also be similar in design throughout the project.
Exclusive of single-family detached homes, all buildings shall be
primarily finished in light subdued colors except for decorative trim.
Within multi-family portions of the project all roofs, except for
carports, shall be peaked and finished in tile, metal or
architecturally-designed shingles (such as Timberline). Within any
single-family portions of the project, all roofs shall be peaked and
finished in tile, metal, or architecturally-designed shingles (such as
Timberline).
2. All pole lighting, internal to the project, shall be: architectural-
designed, limited to a height of thirty (30) feet, and similar
architecturally to one of the lighting fixtures shown on Exhibits "C"
or "D".
F. Signs
Signs shall be permitted as described within Division 2.5 of the Collier
County Land Development Code, except as described in the following
instances.
1. Up to two (2) ground or wall signs shall be permitted at each main
entrance to the residential portion of the PUD and shall be located
within the residential areas of the PUD. Such sign(s) shall contain
only the name of the entire 141.56+-acre PUD residential project,
names of individual communities within the PUD project, and
insignia or mottos of the development. Such ground or wall sign(s)
shall be similar architecturally to one of the signs shown in Exhibits
"E" or "F" and architecturally compatible with the unified
architectural theme of the entire PUD (as described in Section
3.4E. of this PUD Document). Said ground or wall sign(s) shall not
exceed a combined area of sixty-four (64) square feet, and shall
not exceed the height or length of the wall upon which it/they is/are
located.
2. Two ground signs shall be permitted along the western PUD
boundaW. Such signs shall contain only the name of the entire
141.56+-acre PUD residential project and shall be architecturally
compatible with the unified architectural theme of the PUD (as
described in Section 3.4E. of this PUD Document). Exclusive of
landscaping, such ground signs shall not exceed an area of
twenty-four (24) square feet.
15
3. A residential identification and directional sign shall be permitted in
the vicinity where Malibu Lake Drive intersects with the existing
frontage road along Immokalee Road, Such sign shall contain only
the name of the entire residential project, the names of the
individual communities within the PUD, and directions to such.
Such sign shall be architecturally compatible with the unified
architectural theme of the PUD (as described in Section 3.4E. of
this PUD Document) and shall not exceed an area of twenty-four
(24) square feet,
16
SECTION IV
COMMERCIAL AREAS PLAN
4.1 PURPOSE
The purpose of this Section is to identify specific development standards for the
Commercial Areas as shown on Exhibit "A", PUD Master Plan.
4.2 GENERAL DESCRIPTION
Commercial areas designated on the PUD Master Plan are intended to provide
commercial, warehouse, wholesale. and office uses.
4.3 PERMITTED USES
No building, structure or part thereof, shall be erected, altered or used, or land
used, in whole or part, for other than the following:
A. Permitted Principal Uses and Structures:
1. Amusement and Recreation Services (groups 7911,7933, 7081 ).
2. Apparel and Accessory stores (groups 5611 - 5699).
3. Automotive Dealers (group 5511), Auto Supply Stores (group
5531), Convenience Food Stores with gas pumps (group 5411)
and Gasoline Service Stations (Group 5541 Automobile Service
Stations only, with services and repairs as described in Section
2.6.28 of the Collier County Land Development Code and
excluding Truck Stops - Retail. Diesel pumps may only be
provided for automobiles and trucks of 1 ton or less capacity.),
Boat Dealers (5551) and Motorcycle Dealers (5571).
4. Auto Rental Services and Car Washes (groups 7514, 7515, 7542
only for automobiles and trucks/buses of 1 ton or less capacity).
5. Building Materials, Hardware, and Garden Supply (groups 5231-
5261 ).
6. Business Services (groups 7311, 7313, 7322 - 7338, 7361, 7371 -
7384).
17
7. Depository and Non-Depository Institutions (groups 6021-6199).
8. Eating Places (group 5812) and Drinking Places (group 5813 only
cocktail lounges in conjunction with a restaurant.)
9. Educational Services (groups 8211 - 8249 no exterior instruction of
motorized equipment, 8299).
10. Food Stores ( 5411, 5421, 5431 except roadside sales - 5499).
11. General Merchandise Stores (groups 5311 - 5399).
12. Health Services (groups 8011 - 8099).
13. Holding and Other Investment Offices (groups 6712 - 6708).
14. Home Furniture, Furnishings and Equipment Stores (groups 5712 -
5736).
15. Hotels and Motels (group 7011 ).
16. Insurance Carriers, Agents, Brokers, and Services (groups 6311 -
6399, 6411 ).
17. Legal Services (group 8111 ).
18. Membership Organizations (groups 8611, 8621, 8641, 8661 ).
19. Miscellaneous Repair (groups 7622 - 7631 ).
20. Miscellaneous Retail (groups 5912, 5932 antiques only 5941 -
5949, 5992 5999 except auction rooms, monument and
tombstone sales).
21. Movie Theaters (group 7832) and Video Tape Rental (group 7841).
22. Museums and Art Galleries (group 8412).
23. Personal Services (group 7212 Dry-cleaning and laundry pickup
stations only 7215, 7217, 7219 - 7291, 7299 car title and tag
service and tanning salon only).
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24. Professional Offices, Research, and Management Consulting
Services (groups 8711 - 8748).
25. Public Administration (groups 9111 - 9661 ).
26. Real Estate Agents and Managers (groups 6512 - 6552).
27. Security and Commodity Dealers (groups 6211-6289).
28. Social Services (groups 8322 only adult day care services,
counseling services, and senior citizens associations 8351 ).
29. Travel Agencies (group 4724).
30. Veterinary Services (group 0742 for household pets only and
without any overnight boarding or outside kennels).
31. Warehousing (group 4225 but for self-storage only with no outdoor
storage, no on-site maintenance/manufacturing, and buildings
architecturally designed to look like office buildings for persons
viewing the project from off-site.)
32. Any other commercial use or professional service which is
comparable in nature with the foregoing uses.
B. Accessory Uses:
1. Uses and structures that are accessory and incidental to the
Permitted Uses within this PUD Document.
2. Cocktail Lounge (group 5813, only in conjunction with Eating
Places).
3. Caretaker's residence as described in Section 2.6.16 of the Land
Development Code.
' 4.4 DEVELOPMENT STANDARDS
A. Minimum Lot Area:
Ten thousand (10,000) square feet.
B. Minimum Lot Width:
Seventy-five (75) feet,
C. Minimum Yards:
( 1 ) Principal structures:
(a) Front Yards - Twenty-five (25) feet.
(b) Rear Yards - Twenty-five (25) feet.
(c) Side Yards - Ten (10) feet.
(d) Yards from the Residential Areas of this PUD - One (1) foot
for each foot of building height with a minimum of twenty-five
(25) feet.
(2) Accessory Structures:
Setbacks shall be as required by Division 2.6.2 of the Land
Development Code in effect at time of building permit application.
All accessory structures shall be set back a minimum of twenty-five
(25) feet from the Residential Areas of this PUD.
D. Distance Between Principal Structures:
One-half the sum of the heights but a minimum of ten (10) feet,
E. Minimum Floor Area of Principal Structure:
Seven hundred (700) square feet of gross floor area for each building on
the ground floor.
F. Maximum Heirlht:
Fifty (50) feet.
G. Off.-Stre.e.t Pa.rk. ing and Loadinrl Requirem~.nts:
As required by Division 2.3 of the Land Development Code in effect at the
time of building permit application.
H. Open Space/Natural Habitat Preserve Area Requirements:
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1. A minimum of thirty (30) percent open space based on the gross
area for the Commercial Areas of the PUD, as described in Section
2.6.32.3 of the Land Development Code.
I. Buffering Requirements:
(1) A twenty (20) foot wide Type "D" Buffer shall be provided along
Immokalee Road, with the landscaping as required in Section
2.4.7.4 of the Collier County Land Development Code.
(2) A ten (10) foot wide Type "A" Buffer shall be provided along the
western and eastern PUD boundaries, with the landscaping as
required in Section 2.4.7.4 of the Collier County Land Development
Code. This Type "A" Buffer requirement may be waived by the
Current Planning Staff where the site is simultaneously developed
as a single project with the abutting Crestwood PUD to the west or
Brentwood PUD to the east and cross-accesses are provided.
(3) A fifteen (15) foot Buffer "B" shall be provided along the southern
boundary of the Commercial Area. If a Natural Habitat Preserve
Area is shown along the nodhern boundary of the abutting
Residential Area on the PUD Master Plan, this buffer shall not be
required as long as this preserve area meets the requirements of a
Type "B" Buffer.
J. Signs
Signs shall be permitted as described in Section 2.5 of the Collier County Land
Development Code.
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SECTION IV
DEVELOPMENT COMMITMENTS
5.1 PURPOSE
The purpose of this Section is to set forth the commitments for the development
of this project.
5.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site
Development Plans, Final Subdivision Plans and all applicable State and local
laws, codes, and regulations applicable to this PUD, in effect at the time of Final
Plat, Final Site Development Plan approval or building permit application as the
case may be. Except where specifically noted or stated otherwise, the standards
and specifications of the official County Land Development Code shall apply to
this project even if the land within the PUD is not to be platted. The developer,
his successor and assigns, shall be responsible for the commitments outlined in
this document.
The developer, his successor or assignee, shall agree to follow the PUD Master
Plan and the regulations of this PUD as adopted and any other conditions or
modifications as may be agreed to in the rezoning of the property. In addition,
any successor in title or assignee is subject to the commitments within this
Agreement.
5.3 PUD MASTER PLAN
A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is
conceptual in nature. Proposed area, lot or land use boundaries or
special land use boundaries shall not be construed to be final and may be
varied at any subsequent approval phase such as Final Platting or Site
Development Plan approval. Subject to the provisions of Section 2.7.3.5
of the Collier County Land Development Code, amendments may be
' made from time to time.
B. All necessary easements, dedications, or other instruments shall be
granted to insure the continued operation and maintenance of all service
utilities and all common areas in the project.
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5.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT
A Site Development Plan shall be submitted per County regulations in effect at
the time of site plan submittal. The project is projected to be completed in two
(2) or three (3) phases.
A. The landowners shall proceed and be governed according to the time
limits pursuant to Section 2.7,3.4 of the Land Development Code.
B. Monitoring Report: An annual monitoring report shall be submitted
pursuant to Section 2.7.3,6 of the Collier County Land Development
Code.
5.5 ENGINEERING
A. This project shall be required to meet all County Ordinances in effect at
the time final construction documents are submitted for development
approval.
B. Design and construction of all improvements shall be subject to
compliance with appropriate provisions of the Collier County Land
Development Code, Division 3.2. Subdivisions.
5.6 WATER MANAGEMENT
A. A copy of the South Florida Water Management District (SFWMD)
Surface Water Permit application shall be sent to Collier County
Development Services with the SDP submittal.
B. A copy of the SFWMD Surface Water Permit shall be submitted prior to
Final Site Development Plan Approval,
C. An Excavation Permit will be required for the proposed lakes in
accordance with Division 3.5 of the Collier County Land Development
Code and SFWMD Rules.
' D. Lake setbacks from the perimeter of the PUD may be reduced to twenty-
five (25) feet where a six (6) foot high fence or suitable substantial barrier
is erected.
E. A right-of-way permit from the Big Cypress Basin (SFWMD) shall be
obtained for any impacts in the canal east of the property.
23
5.7 UTILITIES
A. Water distribution, sewage collection and transmission and interim water
and/or sewage treatment facilities to serve the project are to be designed,
constructed, conveyed, owned and maintained in accordance with Collier
County Ordinance No. 88-76, as amended, and other applicable County
rules and regulations.
B. Except on an interim basis, for structures such as sales/construction
trailers and models, the project shall be required to hook-up to and utilize
public water and sewer facilities.
5.8 TRAFFIC
A. Where the project's traffic shall be utilizing 20th Avenue NW as an
access, the developer shall be responsible for extending such roadway to
the project site, including crossing the canal that is located just east of the
site, prior to the issuance of any Certificates of Occupancy for the project.
The developer shall also be responsible for providing a left-turn lane and
a right-turn lane along Oakes Boulevard for traffic turning west onto 20th
Avenue NW.
B. All turn lane improvements committed to by the petitioner shall be in place
prior to the issuance of any Certificates of Occupancy for the project. In
addition, if, in the sole opinion of the County, the petitioner's construction
traffic is shown to cause a safety or operational problem at the
intersection of 20th Avenue NW and Oakes Boulevard, the County may
require said turn lanes to be installed in advance of the petitioner's
scheduled construction for the project.
C. The applicant shall be responsible for the installation of arterial level
street lighting at the project entrance. Such lighting shall be constructed
so as to shield adjacent residential uses from glare and direct light spill.
In addition, if the project's traffic is utilizing 20th Avenue NW as an
access, street lighting levels at the intersection of 20th Avenue NW and
Oakes Boulevard shall be augmented by the petitioner so as to be
consistent with arterial standards. Such lighting improvements shall be in
place prior to the issuance of any Certificates of Occupancy for the project
that is utilizing 20th Avenue NW as an access.
D. The project may be required to proceed in phases beyond 1999 if the
Level of Services (LOS) of any roadway within the Radius of Development
Impact (RDI) falls below the minimum standard set forth in the Growth
24
Management Plan. The petitioner may, however, provide additional
capacity, such as additional turn lanes at intersections or traffic signals, if
warranted, in advance of when the County would otherwise have
programmed any such improvement.
5.9 PLANNING
A. Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during
the course of site clearing, excavation or other construction activity a
historic or archaeological artifact is found, all development within the
minimum area necessary to protect the discovery shall be immediately
stopped and the Collier County Code Enforcement Department contacted.
5.10 ENVIRONMENTAL
A. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and
approval by the Current Planning Environmental Staff. Removal of exotic
vegetation shall not be counted towards mitigation for impacts to Collier
County jurisdictional wetlands.
B. Petitioner shall comply with the guidelines and recommendations of the
U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh
Water Fish Commission (FGFWFC) regarding potential impacts to
protected wildlife species. Where protected species are observed on-
site, a Habitat Management Plan for those protected species shall be
submitted to Current Planning Environmental Staff for review and
approval prior to Final Site Plan/Construction Plan approval.
C. All conservation areas shall be designated as conservation/preServation
tracts or easements on all construction plans and shall be recorded on
the plat with protective covenants per or similar to Section 704.06 of the
Florida Statutes. Buffers shall be provided in accordance with Section
3.2.8.3.4 of the Collier County Land Development Code.
In the event the project does not require platting, all conservation areas
shall be recorded as conservation/preservation tracts or easements and
dedicated to an approved entity or to Collier County with no responsibility
for maintenance and subject to the uses and limitations similar to or as
per Section 704.06 of the Florida Statutes.
D. Buffers shall be provided around wetlands, extending at least fifteen (15)
feet landward from the edge of wetland preserves in all places and
25
averaging twenty-five (25) feet from the landward edge of wetlands.
Where natural buffers are not possible, structural buffers shall be
provided in accordance with the State of Florida Environmental
Resources Permit Rules and be subject to review and approval by the
Current Planning Environmental Staff.
E. An exotic vegetation removal, monitoring, and maintenance (exotic-free)
plan for the site, with emphasis on the conservation/preservation areas,
shall be submitted to Current Planning Environmental Staff for review and
approval prior to Final Site Development Plan/Construction Plan approval.
F. A minimum of 25 percent of the viable naturally functioning native
vegetation on-site (Natural Habitat Preserve Area), including both the
under-story and the ground cover emphasizing the largest contiguous
area possible, shall be retained on-site, as described in Section 3.9.5.5.3
of the Land Development Code. Since the entire PUD is 150.15 acres
and the existing lake is 15.30 acres, the 25 percent Natural Habitat
Preserve Area would be a minimum of 33.71 acres, based on a vegetated
area of 134.85 acres.
1. Within the 8.59-acre Commercial Area of the PUD a minimum total
of 1.15 acres and 13.39% of this area shall be retained as Natural
Habitat Preserve Area.
2. Within the Residential Area of the PUD a minimum total of 32.56
acres and 25.79% of its vegetated area shall be retained as
Natural Habitat Preserve Area.
3. Each Site Development Plan submitted to Collier County shall
demonstrate that development of the PUD will be in compliance
with retaining at least 13.39% of the Commercial Area vegetated
area or at least 25.79% of the Residential Area vegetated area.
26
EXHIBIT "E"
DEPICTION OF PROJECT ENTRY SIGN
EXH!B_IT "F"
DEPICTION OF PROJECT ENTRY SIGN
EXHIBIT "G"
Parcel A: The E 1/2 of the W 1/2 of the NE 1/4 of the NE 1/4, Section 30, Township
48S, Range 26E, less portions previously deeded for S.R. 846 and 1-75 fight-of-way,
Collier County, Florida. (Trustee Judge Monaco)
Parcel B: The E 1/2 of the SW 1/4 of the NE 1/4, Section 30, Township 48S, Range
26E, less portions conveyed for 1-75 right-of-way and less portion lying West of 1-75
right-of-way, Collier County, Florida. (Trustee William Hoover)
Parcel C: The N 1/2 of the W 1/2 of the SE 1/4 of the NE 1/4 of Section 30,
Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook)
Parcel D: The S 1/2 of the W 1/2 of the SE 1/4 of the NE 1/4 of Section 30,
Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook)
Parcel E: All land lying East of 1-75 in the E I/2 of the NW 1/4 of the SE 1/4 of
Section 30, Township 48S, Range 26E, Collier County, Florida. (Trustee Dell Cook)
Parcel F: The W 1/2 of the NE 1/4 of the SE 1/4 of Section 30, Township 48S,
Range 26E, Collier County, Florida. (Trustee Dell Cook)
Parcel G: The N 1/2 of the E 1/2 of the NE 1/4 of SE 1/4 of Section 30, Township
485, Range 26E, Collier County, Florida. (Trustee Dell Cook)
ParcelH: The S 1/2 of the E 1/2 of the NE 1/4 of SE 1/4 of Section 30, Township
48S, Range 26E, Collier County, Florida. (Trustee William Hoover)
Parcel I: That portion of the E 1/2 of the SW 1/4 of the SE 1/4 of Section 30,
Township 48 South, Range 26 East, lying East of Parcel 129 (I-75 right-of-way) as
described in O.R. Book 986, Pages 1271 - 1273, of the Public Records of Collier County,
Florida. (Property owners James and Rebecca Smith)
Parcel J: The W 1/2 of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 30,
Township 48 South, Range 26 East, Collier County, Florida. (Property owners David
Rynders and William Hoover)
Parcel K: The E 1/2 of the W 1/2 of the SE 1/4 of the SE 1/4 of Section 30,
Township 48 South, Range 26 East, Collier County, Florida. (Trustees Kenneth Bloom
and Wayne Sykes)
Parcel L: The E 1/2 of the SE 1/4 of the SE I/4 of Section 30, Township 48 South,
Range 26 East, Collier County, Florida. (Trustees Kenneth Bloom and Wayne Sykes)
Parcel M: The E 1/2 of the SE 1/,; of the NE 1/4 of Section 30, Township 48 South,
Range 26 East, Collier County, Florida (Trustees Joette Henry and Stephen P. Henry)
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. 99-49
Which was adopted by the Board of County Commissioners on the
22nd day of June, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 24th day of June,
1999.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
~ers
By: Lisa Steele,
Deputy Clerk