Ordinance 96-03 ~ ORDINANCE 96- 3
j; ,~?,% ",.
~~ AN ORDINANCE AMENDING ORDINANCE NUMBER
'., ~ c~ 91-102, THE COLLIER COUNTY LAND
o,~ D~E~PMENT CODE, WHICH INCLUDES THE
~',, ,~cLQ' COMPREHENSIVE ZONING REGU~TIONS FOR THE
-.. ~,
UNINCORPO~TED AREA OF COLLIER COUNTY,
FLORIDA, BY ~ENDING THE OFFICIAL ZONING
AT~S ~P N~BERED 8627N AND BY CHANGING
THE ZONING C~SSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM "PUD" TO
"PUD" P~NNED UNIT DEVE~PMENT KNOWN AS
RICH~ND, FOR PROPERTY ~CATED IN THE
SOUTHWEST QDAD~NT OF I~OKALEE ROAD
(C.R. 846) AND C.R. 951, IN SECTION 27,
TOWNSHIP 48 SOUTH, ~NGE 26 EAST, COLLIER
COUNTY, F~RIDA, CONSISTING OF 150 ACRES
MORE OR LESS; PROVIDING FOR THE REPEAL OF
ORDINANCE NUMBER 90-39, AS AMENDED, THE
FOYER RICHLAND PUD; AND BY PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Karen K. Bishop o~ PMS, Inc. of Naples, representing
George H. Werner, 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 Section 27, Township 48 South, Range 26 East, Collier
County, Florida, is changed from "PUD" to "PUD" Planned Unit
Development in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map Numbered 8627N, as described in
Ordinance Number 91-102, the Collier County Land Development Code, are
hereby amended accordingly.
SECTION TWO:
Ordinance Number 90-39, as amended, known as the Richland PUD,
adopted on May 22, 1990, by the Board of County Commissioners of
Collier County, is hereby repealed in its entirety.
S~CTION THREE:
This Ordinance shall become effective upon filing with the
Department of State.
-1-
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this 13~b day of February , 1996.
b ,} i, j
ATTEST:' BOARD OF COUNTY COMMISSIONERS
DWIG}{T E. BROCK, ~LERK COLLIER COUNTY, FLORIDA
~ BY:
',, J~vC. NORRIS, CHAIRMAN
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY
MARJOI~IE M. STUDENT
ASSISTANT COUNTY ATTORNEY
PUD-90-1(1) ORDINANCE/15683
-2-
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
RICHLAND
Prepared by:
PMS, Inc. of Naples
2335 Tamiami Trail N, #303B
Naples, Florida 33940
Date Reviewed by CCPC:
Date Approved by BCC:
Ordinance Number:
-- Exhibit "A"
INDEX
PAGE
STATEMENT OF COMPLIANCE & SHORT TITLE
SECTION I Property Ownership & Description
Statement of Compliance
SECTION II Project Development
SECTION III Residential Development Area
SECTION IV Multi-Family Mid-Rise Residential Area
SECTION VI Retail Developme,?, Area / Community Commercial
SECTION VII Reserve Areas
SECTION VIII General Development Commitments
LIST OF EXHIBITS & TABLES
EXHIBIT A Vicinity Map
EY]IBIT B PUD Master Plan
EXHIBIT C Activity Center Land Use
TABLE 1 Development Standards
TABLE 2 ,Estimated Absorption Schedule
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLES ii
STATEMENT OF COMPLIANCE AND SHORT TITLE i|i
SECTION I Legal Description, Property Ownership and General
Description 1-1
SECTION II Project Development 2-1
SECTION III Residential District 3-1
SECTION IV Community Commercial District 4-1
SECTION V Reserve District 5-1
SECTION VI General Development Commitments 6-1
LIST OF EXHIBITS AND TABLES
EXHIBIT "A" PUD Master Plan
TABLE 1 Development Standards for "R" Residential Areas
STATEMENT OF COMPLIANCE
The purpose of this section is to express the intent of George H. Werner and George W.
Will, hereinafter referred to as the Developer, to create a Planned Unit Development
(PUD) on 150 +1- acres of land located in Section 27. Township 48 South, Range 26
East, Collie~' County, Florida. The name of this Planned Unit Development shall be
Richland. The development of Richland will be in compliance with the planning goals and
objectives of Collier County as set forth in the Growth Management Plan. The
development will be consistent with the growth policies and land development regulations
adopted thereunder of the Future Land Use Element and map of the Growth Management
Plan and other applicable regulations for the following reasons:
1. The subject property is within the Urban Mixed Use District/Urban Residential
Subdistrict and the Activity Center Mixed Use District/Activity Center Subdistrict as
identified on the Future Land Use Map as required in Objective 1, of the Future
Land Use Element (FLUE).
2. The proposed density of Richland is 4.3 dwelling units per acre which is less than
the maximum density permitted by the FLUE Density Rating System and is
therefore consistent with Future Land Use Element Policy 5.1. The entire subject
property qualifies for a base density of four dwelling units per acre. Certain parts of
the subject property lie within a one mile radius of an activity center qualifying tl'~
area for an additional 3 dwelling units per acre, while an additional dwelling unit per
acre is available because the project fronts on two arterial streets.
3. Richland is compatible with and complementan/to existing and future surrounding
land uses as required in Policy 5.4 of the Future Land Use Element.
4. Improvements are planned to be in compliance with applicable land development
regulations as set forth in Objective 3 of the Future Land Use Element.
5. The development of Richland will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1.H and L of the Future
Land Use Element.
6. Ric~hland is planned to incorporate natural systems for water management in
accordance with their natural functions and capabilities as may be required by
Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element.
7. The project will be served by a complete range of services and utilities as approved
by the County.
8. The subject property includes an Activity Center Designation, which is a
preferred location for commercial and mixed-use developments.
9. The project shall be in compliance with all applicable County regulations
including the Growth Management Plan.
SHORT TITLE
This ordinance shall be known and cited as the "RICHLAND PLANNED UNIT
DEVELOPMENT ORDINANCE".
iii
LEGAL DESCRIPTION~ PROPERTY OWNERSHIP, and GENERAL DESCRIPTION
1-1 PURPOSE
The purpose of this Section is to set forth the legal description and ownership of
Richland, and to describe the existing condition of the property to be developed.
1-2 LEGAL DESCRIPTION
The northeast 114 of Section 27, Township 48 South, Range 26 East, less the East
and North 100 feet for the purpose of road right-of-way, located in Collier County,
Florida.
1-3 TITLE TO PROPERTY
The Property is currently under the ownership of George H. Werner and George
W. Will, 5500 Tamiami Trail North, Naples, Florida 33963.
1-4 GENERAL DESCRIPTION OF PROPERTY
A. The project site is located in Section 27, Township 48 South, Range 26 East,
and is bordered on the north by Immokalee Road (CR-846), on the east by
CR-951, on the south by Oak Ridge Middle School and on the west by
undeveloped agricultural land and Laurel Oak Elementary School
B. The zoning classification of the subject property as of this submittal is PUD
(PLANNED UNIT DEVELOPMENT).
C. The site's vegetation includes pine flatwoods, saw palmetto, slash pine and
sabal palm. It also contains areas of cypress, fern and sawgrass. Soils on
the site are Immokalee fine sand and Arzell finED sand. A small area of
pompano fine sand is located in the southeast corner of the site.
D. The surrounding area is generally undeveloped, and is located wilhin the
Activity Center Designation and Residential Density Band of the Future Land
Use:Map to the Growth Management Plan.
E. Elevations in the area range from 13.0 - 15.0 feet according to U.S.G.S.
quadrangle maps. The site is outside of the flood plane and requires
development to be sited 18 inches above the crown of the road according to
flood insurance rate maps.
1-1
1-5 PROJECT DENSITY
A. The total acreage of Richland is approximately 150 acres. The
maximum number of ciwelling units to be built on the total acreage is 650.
The number of dwelling units per gross acre is approximately 4.3. units. The
density on individual parcels of land throughout the project may vary
according to the type of housing placed on each parcel of land. Commercial
uses occupy approximately 21.8 acres with a maximum gross leasable floor
area of,150,000 square feet. These described land uses are set forth on the
PUD Master Plan. Exhibit "A".
B. At all times, property included within the Richland PUD shall be included in
determining project density including property reserved or dedicated for
public uses, such as, but not limited to, public roadways, easements,
reserves and landscape buffers.
1-2
PROJECT DEVELOPMENT
2-1 PURPOSE
The purpose of this Section is to generally describe the plan of development for
Richland. and to identify relationships to applicable County ordinances, policies.
and procedures.
2-2 GENERAL DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. Richland. a private comm:nity, will include a broad range of Single-family,
Multi-family. Community Commercial, Hotel/Molel, Stormwater Management.
Open Space and Reserve areas. Each single-family, multi-family and
commercial parcel will be served with publicly provided utilities, including
potable water. sewer and electricity. Amenities proposed to be provided in
the project include. but are not limited to, structures designed to provide
social and recreational space, lakes, natural and landscaped open spaces.
B. The Master Plan is iljustrated graphically on Exhibit "A". A land use
summary indicating approximate land use acreages is shown on the plan.
The location, size. and configuration of individual tracts shall be determined
at the time of Preliminary Subdivision Plat approval with minor adjustments
at the time of Final Plat Approval. in accordance with Article 3, Division 3.2,
Section 3.2.9 of the Collier County Land Development Code.
2-3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES
A. Regulations for development of Richland shall be in accordance with the
contents of this PUD ordinance and applicable sections of the Collier County
Land Development Code (to the extent they are not inconsistent with this
PUD ordinance) and Growth Management Plan ,,~'hich 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 Ran, and Excavation
Permit. Where this PUD ordinance fails to provide developmental
standards. then the provisions of the most similar zoning district or section
of the Collier County Land Development Code shall apply.
2-1
B. Unless otherwise defined herein, the definitions of all terms shall be
the same as the definitions set forth in the Collier County Land
Development Code in effect at the time of development order
application.
C. Development permitted by the approval of this PUD will be subject to
a concurrency review under the Adequate Public Facilities Ordinance,
Article 3, Division 3.15 of the Collier County Land Development Code.
D. Unless modified, waived or excepted by this PUD or by subsequent
requests, the provisions of other applicable land development codes
remain in effect with respect to Ihe development of the land which
comprises this PUD.
E. All conditions imposed herein or as represented on the Richland
Master Plan are part of the regulations which govern the manner in
which the land may be developed.
2-4 LAND USE
The Master Development Plan (Exhibit 'W') shows proposed land uses of
development for each parcel. Minor variations in acreage shall be permitted at final
design to accommodate vegetation, encroachments, utilities, market conditions,
and other here. to unforeseen site conditions.
LAND USESCHEDULE
LAND USE TYPE ACREAGE
RESIDENTIAL 128.5 +l-
(open space, reserve, water management & lakes)
COMMERCIAL 21.8 +/-
(open space, reserve, water management & lakes)
TOTAL 150.3 +!-
THE ABOVE APPROXIMATE ACREAGE IS SUBJECT TO CHANGES PENDING FINAL DESIGN
AND PERMITTING, AND SUPERSEDES ALL ACREAGE INFORMATION PREVIOUSLY
INCLUDED IN THE APPROVED PUD DOCUMENTS.
:
2-2
2-5 SITE DEVELOPMENT PLAN APPROVAL
The provisions of Article 3, Division 3.3 of the Collier County Land
Development Code shall apply to the development of platted tracts or
parcels of land prior to the issuance of a building permit or other
development order.
2-6 RESUBDIVISION
Resubdivision shall comply with Section 3.2.7.5 of the Collier County Land
Development Code.
2-7 EASEMENTS FOR UTILITIES
A. Easements shall be provided for water management areas, utilities and
other purposes as may be ~eeded. Said easements and improvements shall
be done in substantial compliance with the Collier County Land
Development Code.
B. All necessary easements, dedications, or other instruments shall be granted
to insure the continued operation and maintenance of all service utilities in
substantial compliance with applicable regulations in effect at the time
approvals are requested.
2-8 MODEL HOMES
Model Homes and Model Home Sales Centers shall be permitted as provided for in
Section 2.6.33.4 of the Collier County Land Development Code.
2°9 USE OF RIGHTS-OF-WAY
Utilization of lands within all project rights-of-way for landscaping, decorative
entrance ways and signage may be allowed subject to review and administrative
approval by the Collier County Planning Services Director for engineering and
safety considerations, during the development review process and prior to any
building permits.
2-10 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in Article 2, Division 2.7,
Section 2.7.3.5 of the Collier County Land Development Code.
2-3
2-11 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL
This PUD is subject to the sunsetting provisions as provided for within Adicle 2,
Division 2.7, Section 2.7.3.4 of the Collier County Development Code.
2-12 PUD MONITORING
An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7,
Section 2.7.3.6 of the Collier County Land Development Code.
2-13 DEDICATION AND MAINTENANCE OF FACILITIES
The Developer shall create appropriate property owner association(s) which will be
responsible for maintaining the roads, streets, drainage, common areas, and water
and sewer improvements where such systems are not dedicated to the County.
2-14 OFF-STREET PARKING AND LOADING
All off-street parking and loading facilities shall be designed in accordance with
Division 2.3 of the Collier County Land Development Code.
2-15 OPEN SPACE REQUIREMENTS
:
A. A minimum of thirty percent (30%) of the project's gross area shall be
devoted to open space, pursuant to Article 2, Division 2.6, Section 2.6.32 of
the Collier County Land Development Code. The total project is 150 +!-
acres requiring a minimum of 45 acres to be retained as open space
throughout the Richland PUD. This requirement shall not apply to individual
development parcels.
B. Of the project's total 150 +/- acres, the following acreages represent 30% of
the total site, all contributing to open space.
Lake 22+~- acres
Reserve: 16+~- acres
Buffer 7+~- acres
TOTAL: 45+~- acres of open space
2-4
2-16 NATIVE VEGETATION RETENTION REQUIREMENTS
Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land
Development Code, 25% of the viable naturally functioning native vegetation on
site shall be retained.
2-17 POLLING PLACES
Pursuant to Article 3, Division 3.2, Section 3.2.8.3,14 of the CJIlier County Land
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.
2-18 SIGNS
Signs shall be in accordance w~,:;~ Article 2, Division 2.5 of the Collier County Land
Development Code.
2-19 LANDSCAPING
Landscaping shall be in accordance with Article 2, Division 2.4 of the Collier
County Land Development Code.
2-20 LAKE SETBACK AND EXCAVATION
The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1
of the Collier County Land Development Code may be reduced with the
administrative approval of the Collier County Planning Services Director. All
lakes greater than two (2) acres may be excavated to the maximum commercial
excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from
Richland shall be limited to an amount up to 10 percent per lake (to a maximum of
20,000 cubic yards) of the total volume excavated unless a commercial excavation
permit is received.
2-21 EXCAVATION AND VEGETATION REMOVAL
Improvement of property shall be prohibited prior to issuance of building permit. No
site work, removal of protected vegetation, grading, improvement of property or
construction of any type may be commenced prior to the issuance of a building
permit where the development proposed requires a building permit under the Land
Development Code or other applicable County regulations. Exceptions to this
requirement may be granted by the Community Development and Environmental
2-5
Services Administrator for an approved Subdivision or Site Development Plan to
provide for distribution of fill excavated on site or to permit construction of an
approved water management system, to minimize stockpiles and hauling off-site or
to protect the public health, safety and welfare where clearing, grading and filling
plans have been submitted and approved meeting the standards of Section
3.2.8.3.6. of the Code. Removal of exotic vegetation shall be exempted upon
receipt o1' a vegetation removal permit for exctics pursuant to Division 3.9 of the
Land Development Code.
A site clearing, grading, filling and revegetation plan where applicable shall be
submitted to the Community Development and Environmental Services
Administrator, or his designee for review and approval prior to any clearing,
grading or filling on the property. This plan may be submitted in phases to coincide
with the development schedule. The site clearing plan shall clearly depict how the
improvement plans incorporate and retain native vegetation. The site specific
clearing, grading, and filling plan f-"r a Subdivision or Site Development Plan may
be considered for review and approval under the following categories and subject
to the following requirements:
1. Removal of exotic vegetation is permitted upon receipt of a vegetation
removal permit pursuant to Division 3.9. Additional site alteration may be
permitted or required to stabilize and deter reinfestation by exotics subject to
the following:
a. Provision of a site filling and grading plan for review and approval by
the County;
b. Provision of a revegetation plan for review and approval by the
County;
c. Payment of the applicable review fee for site alteration plan review.
3. Site filling exceeding 25 acres to properly utilize fill generated on site, but
which does not require the removal of more than 25 acres of protected
vegetation, may be approved by the Community Development and
Environmental Services Administrator subject to submission of the rollowing:
a. A site clearing plan shall be submitted for review and approval that
shows the acres to be cleared. A minimum of 25% of the natural
functioning vegetation shall be retained.
b. The applicant shall submit a detailed description of the fill and site
work activity including a plan indicating fill placement locations and
depths, grading plan and water management improvements.
2.6
c. The applicant shall submit a detailed revegetation plan including a
cost estimate. The cost estimate shall include the cost of
r.. grading, revegetation and yearly maintenance cost and a time specific
schedule on completion of the revegetation work.
~ d. The permittee shall post a surety bond or an irrevocable standby
letter of credit in an amount of 110% of certified cost estimate as
previously detailed including the maintenance cost for 3 years. The
amount of the security may be reduced upon completion of the
ap, proved revegetation plan and upon occupation of the site. A
separate security will not be required if such costs are included in
subdivision security. · ..... ;..
A vegetation removal permit is not required for the removal of protected
vegetation prior to building permit issuance if the condilions set forth in
Division 3.9 of the Land Development Code have been met.
2-22 SUBDIVISIONS
Subdivisions shall be in accordance with Article 3, Division 3.2 of the Collier
County Land Development Code.
i'
2-7
RESIDENTIAL
3-1 PURPOSE
The purpose of this section is to identify permitted uses and development
standards for areas within Richland designated on the Master Plan (Exhibit "A") as
"R" Residential.
3-2 MAXIMUM DWELLING UNITS
A maximum number of 650 residential dwelling units may be constructed on lands
designated "R".
3-3 GENERAL DESCRIPTION
A. Areas designated as "R" on the Master Land Use Plan are designated to
accommodate a full range of residential dwelling unit types.
B. Approximate acreage of land use tracts have been indicated on the PUD
Master Plan, in order to indicate relative size and distribution of the
residential uses. These acreages are based on conceptual designs and
must be considered to be approximate. Actual acreage of all development
tracts will be provided at the time of permitting. Residential tracts are
designed to accommodate internal roadways.
C. Single-family lot sizes and development regulations shall be in accordance
with Table 1 of this section and shall be identified by the Developer at the
time of Preliminary Subdivision Plat approval pursuant to Collier County
Zoning Regulations set forth in Division 3.2 of the Collier County Land
Development Code.
D. Multi-family uses and development regulations shall be in accordance with
Table I of this section and shall be identified by the Developer at the time of
Site Development Plan approval pursuant to Section 2.5 of this document
and applicable Collier County Regulations set forth in Division 3.3 of
the Collier County Land Development Code..
3-1
3-4 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected. altered. or used. or land
or water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1) Single-family detached dwelling units.
2) Single-family attached and townhouse units.
3) Single-family zero lot line dwelling units.
4) Duplex dwelling units.
5) Multi-family dwelling units.
6) Nursing, rest homes and adult congregate living facilities.
7) Recreational facilities including but not limited to parks, playgrounds,
commonly owned open space, pools, tennis courts, community
buildings; guardhouses; essential services and utility structures.
8) Model homes, sale~ centers, and temporary
development/construction offices shall be permitted in conjunction
with the promotion of the development.
9) Water management facilities and lakes.
10) Any other use which is in comparable in nature with the foregoing
uses which the Planning Services Director determines to be
compatible in the "R" district.
B. Permitted Accessory Uses and Structures
1 ) Customary accessory uses and structures, including but not limited to
covered parking, attached and detached garages and swimming
pools.
2) Any other accessory use which is comparable in nature with the
foregoing uses and which the Planning Services Director
dete:'mines to be compatible in the "R" Dislrict.
3.5 PROPERTY DEVELOPMENT REGULATIONS
A. Except as provided in Section 2.5(B), property development regulations for
land uses in the "R" Residential District are set forth in Table 1.
B. Site development standards for categories 1-4 uses apply to individual
residential lot boundaries. Category 5 standards apply to platted parcel
boundaries.
3-2
C. Unless" otherwise indicated, required yards. heights, and floor area
standards apply to principal structures.
D. Development standards for building relationships set forth in Table 1 shall
be established during site development plan approval as set forth in Article
3, Division 3.3 of the Collier Cour~ty 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
as provided by the provisions in Article 2, Division 2.6, Section 2.6.27.4.6 of
the Collier County Land Development Code. Common open spaca
requirements are deemed satisfied pursuant to Section 2.16 of this PUD.
F. Off-street parking required for multi-family uses shall be accessed by
parking aisles or driveway,.{ which are separate from any roads which serve
more than one development. A green space area of not less that ten feet
(10') in width as measured from pavement edge to pavement edge shall
separate any parking aisle or driveway from any abutting road.
G. Single-family zero lot line dwellings units are identified separately from
single-family detached dwelling units with conventional side yard
requirements to distinguish these types for the purpose of applying
development standards under Table 1. Zero lot line dwellings shall be
defined as any type of detached single-family structure employing a zero or
reduced side yard as set forth herein, and which conform to requirements of
Collier County Land Development Code Article 2, Division 2.6, Subsection
2.6.27.4.4.1. through 3.
H. No housing structure containing three (3) or more dwelling units may be
located between two detached, single family structures which are less than
300 feet apart if they are a part of the same platted block. Approval to the
location of multiple family structures relative to existing single family
detached structures shall rest with the Development Services Director and
shall be determined at the time of Site Development Plan preapplication
meetings.
I. No nursing, rest homes and adult congregate living facility shall be located
within three hundred (300) feet of any single family detached or attached
dwelling units. Generally, multiple family dwelling structures with dwelling
units above dwelling units shall act as a transition area between nursing,
rest homes, adult congregate living facilities and single family detached and
attached dwelling units.
3-3
TABLE 1
DEVELOPMENT STANDARDS FOR
"R" RESIDENTIAL AREAS
SINGLE
FAMILY
SINGLE ZERO SINGLE FAMILY MULTI-
FAMILY LOT ATTACItED AND FAMILY
DETACHED LINE DUPLEX TOWNIIOUSE DWELLINGS
Category ! 2 3 4 5
Minimum Lot Area 5,,500 SF 5,000 SF 3,500 SF 3,000 SF I AC
Minimum Lot 55 50 35 30 150
Width '5
Front Yard 20 '3 20 *3 20 *3 20 *3 25
Front Yard for Side 10 10 10 I 0 15
Entry Garage
Side Yard 7.5 06 0 or 7.5 0 or .5 BH 0.5 BH
Rear Yard Principal 20 ] 0 20 20 BH
Rear Yard 10 5 l 0 10 15
Accessory
Rear Yard '1 10 5 10 l0 .5 BH
Maximum Building 3 5 3 5 3 5 3 5 3 5
Height '2
Distance Between 15 10 0 or 15 .5 SBH .5 SBH
Principal
Structures
Floor Area Mia. 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF
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3-4
COMMUNITY COMMERCIAL DISTRICT
4-1 PURPOSE ,
The purpose of this section is to identify permitted uses and development
standards for areas within Richland designated on the Master Plan (Exhibit 'W') as
"C" Community Commercial.
4-2 MAXIMUM SQUARE FOOTAGE
A maximum of 150,000 square feet (gross floor area) of Community Commercial
uses may be constructed on lands designated "C".
4-3 GENERAL DESCRIPTION
A. Areas designated as "C" on the Master Plan are designed to accommodate
a full range of commercial uses, hotel/motel, essential services, and
customary accessory uses.
B. The approximate acreage of the "C" 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 3.2 and Division 3.3 respectively, of the Collier
County Land Development Code. Community Commercial tracts am
designed to accommodate internal roadways, open spaces, lakes, water
management facilities, and other similar uses.
4-4 PERMITTED USES AND STRUCTURES
No building or structure or part thereof, shall be erected, altered or used, or land
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1 ) Agricultural Services (Group 0742, except no outside kenneling)
2) Amusement and Recreation Services, Indoor only (Groups
7911-7941, 7991, 7993, 7997, 7999)
3) Apparel and Accessory Stores (GrotJps 5611, 5621. 5631, 5641,
,5651, 5661, 5699)
4) Automotive Dealers and Gasoline Service Stations (Groups 5511.
5521, 5531, 5341, 5551 )
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5) Automotive Repair, Services and Parking (Group 7542)
6) Building Materials, Hardware, Garden Supply (Groups 5231, 5251,
5261)
7) Business Services (Groups 7311,7323, 7334, 7335, 7336, 7338,
7352, 7359, 7371-7379, 7384, 7389)
8) Communications (Groups 4832, 4833)
9) Depository Institutions (Groups 6011-6099)
10) Eating and Drinking Places (Groups 5812, 5813)
11 ) Engineering, Accounting and Management (8711-6721, 8741, 8742,
8748)
12) Food Stores (Groups 5411, 5421, 5441, 5451, 5461, 5499)
13) General Merchandise Stores (Groups 5311, 5331, 5399)
14) Health Services (Groups 8011-8049)
15) Home Furniture, Furnishings, and Equipment Stores (Groups 5712,
5713, 5714, 5719, 5722, 5731, 5734, 5735, 5736)
16) Hotels and Motels (Group 7011)
17) Insurance Agents, 3rokers and Service ( Group 6411 )
18) Membership Organizations (Groups 8641, 8661)
19) Miscellaneous Repair Services (Groups 7622, 7623, 7629, 7631,
7641 ) (Group 7699 with approval of Planning Services Director who
shall be guided by the objective of allowing uses that are compatible
with existing development.)
20) Miscellaneous Retail (Groups 5912, 5921, 5932, 5941-5949, 5984,
5992, 5993, 5999)
21) Motion Pictures (Groups 7832-7833)
22) Museum, Art Galleries (Group 8412)
23) Non-Depository Credit Institutions (Groups 6141,6159, 6162, 6163)
24) Personal Services (Groups 7211-7212, 7215, 7219, 7221, 7231,
7241, 7251, 7291)
25) Real Estate (Groups 6531, 6541, 6552)
26) Social Services (Group 8351)
27) United States Postal Service (Group 4311)
28) Any other use which is comparable in nature with the foregoing uses
,and which the Planning Services Director determines to be
compatible in the district.
4-5 ACCESSORY USES AND STRUCTURES
A. Uses and Structures that are accessory and incidental to uses permitted.
B. Any other accessory use which is comparable in nature with the foregoing
uses and which the Planning Services Director determines to be
compatible.
4-2
4-6 Development Standards
A. Minimum lot area: Ten thousand (10,000') square feet
B. Minimum lot width: One hundred (100') feet
C. Minimum yard requirements:
1 ) : Front yard: twenty-five (25') feet
2) Side yard: zero or ten (0' or 10') feet
3) Rear yard: twenty (20') feet
D. Distance between principal structures: One half the sum of walls opposite
one another but not less than ten (10') feet.
E. Minimum floor area of principal structure: seven hundred and fifty square
feet (750') per building on the ground floor
F. Landscaping and Off-Street Parking shall be in accordance with the Collier
County Land Development Code.
G. Maximum height: fifty feet (50')
H. General application for Setbacks:
Front yard setbacks shall comply with the following:
1 ) , If the parcel is served by a public or private right-of-way, setback is
measured from the adjacent right. of-way line.
2) If the parcel is served by a non-platted private drive, setback is
measured from the back of curb or edge of pavement.
3) If the parcel is served by a platted private drive, setback is measured
from the road easement or property line.
I. Maximum density of Hotel/Motel lodging facilities:
1 ) The net platted density of hotel rooms per acre may not exceed
twenty-six (26) units per acre.
RESERVE DISTRICT
5-1PURPOSE
The purpose of this section is to identify permitted uses and development
standards for areas within Richland designated on the Master plan (Exhibit "A"), as
Reserve.
5-2 GENERAL DESCRIPTION
Areas designated as Reserve on the PUD Master Plan are designed to
accommodate a full range of conservation and limited water management uses and
functions. The primary purpose of the Reserve District is to retain viable naturally
functioning wetland systems, to allow for the restoration and enhancement of
impacted or degraded wetland systems, and Io provide an open space amenity for
the enjoyment of Richland residents.
5-3 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or
water used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures
1) Passive recreational areas, boardwalks, and recreational
shelters.
2) Nature trails, excluding asphalt paved surfaces
3) Water management facilities, structures and lake bulkheads or other
architectural treatments
4) Mitigation areas
5) :Any other conservation and related open space activity or use which
is comparable in nature with the foregoing uses and which the
Planning Services Director determines to be compatible in the
Reserve District
5-1
5-4 DEVELOPMENT STANDARDS
A. All structures shall setback a minimum of ten (10') feet from Reserve District
boundaries and roads, except for pathways, boardwalks and water
management structures, which shall have no required setback.
B. Lighting facilities shall be arranged in a manner which will protect roadways
and residential properties from direct glare or unreasonable interference.
C. Maximum height of structures - twenty five (25') feet.
D. Minimum distance between principal or accessory structures which are a
part of an architecturally unified grouping - five (5') feet.
E. Minimum distance between all other principal structures - ten (10') feet.
F. Minimum distance between all other accessory structures - five (5') feet.
G, Minimum floor area - None required.
H. Minimum lot or parcel area - None required.
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 regulatory agencies with jurisdiction over Reserve District
lands. In addition to complying with provisions of the Collier County Land
Development Code, said easement shall be provided in accordance with the terms
set forth in the applicable permit granted by said agencies. The Richland
Commons Association shall be responsible for control and maintenance of lands
within the Reserve District.
5-2
GENERAL DEVELOPMENT COMMITMENTS
t
6-1 PURPOSE
The purpose of this section is to set forth the standards for development of the
project.
6-2 GENERAL
All facilities shall be constructed in accordance with the final site
development plans, the final subdivision plats, and all applicable state and
local laws, codes and regulations relating to the subdivision of the land,
except when specifically noted ~.r otherwise sot forth in lhis document, or as
otherwise approved by Collier Counly. 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 pats, 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.
;
6-3 PUD MASTER PLAN
A. The Master Plan (Exhibit 'W'), 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.
B. The Planning Services Director shall be authorized t,j approve minor
changes and refinements to the Richland Master Plan upon written request
of the Developer.
C. The following limitations shall apply to such requests:
1 ) The minor change or refinement shall be consistent with the Collier
County Growth Management Plan and the Richland PUD document.
2) The minor change or refinement shall not constitute a substantial
, change pursuant to Article 2, Division 2.7, Sub-section 2.7.3.5.6 of
the Collier County Land Development Code.
6-1
3) The minor change or refinement shall be compatible with adjacent
· land uses and shall not create detrimental impacts to abutting land
uses, water management facilities, and Reserve areas within or
external to the PUD.
4) All necessary easements, dedications or other instruments shall be
granted to ensure the continuance operation and maintenance of all
service utilities.
5) Agreements, provisions or covenants which govern the use,
maintenance and continued protection of the PUD and common areas
will be provided.
6-4 DEVELOPMENT COMMITMENTS
A TRANSPORTATION
1 ) When deemed warranted by the County, the Developer shall provide
fifty (50') feet of additional road right-of-way along the south side of
Immokalee Road. Road Impact Fee credits will be allowed for this
right-of-way to the maximum extent provided in the Road Impact Fee
Ordinance and in accordance with lhe approved conversion formula.
2) When deemed warranted by the County, the Developer shall provide
left and right turn lanes at all project accesses on both Immokalee
Road and CR-951. If median openings are permitted upon the four
laning of either road, the Developer shall be responsible for the cost
of all intersection modifications needed to serve project accesses.
3) Developer shall provide a fair share contribution toward the capital
cost of traffic signals at any project access when deemed warranted
by the County. The signals will be owned, operated and maintained
by Collier County.
4) 'When deemed warranted by the County, the Developer shall provide
arterial level street lighting at all project accesses.
5) The road impact fee shall be as provided in the schedule contained in
Division 4.1 of the Collier County Land Development Code, or as may
be amended, and shall be paid at the time building permits are issued
unless otherwise approved by the Board of County Commissioners.
6) Access improvements shall not be subject to impact fee credits and,
excluding traffic signals, shall be in place before any certificates of
occupancy are issued.
6-2
7) All traffic control devices used, excluding street name signs, shall
· conform with the Manual on Uniform Traffic Control Devices as
required in Chapter 316.0747. Florida Statutes.
B WATER MANAGEMENT
Excavation permits will be required for ths proposed lakes in
accordance with Division 3.5 of the Collier County Land Development
Code, as amended. Excavated material from the property is intended
to be used within the project site.
2) Developer shall be responsible for the installation of properly sized
culverts at proposed entrance road locations placed on the relocated
swale centerline, at such time as driveways are installed.
3) Detailed paving. grading and site drainage plans shall be submitted to
Engineering Rew~w Services for review. No construction permits
shall be issued unless and until approval of the proposed construction
in accordance with the submitted plans is granted by Engineering
Review Services.
4) In accordance with the Rules of the South Florida Water Management
District (SFWMD), Chapters 40E4 and 40E--40, this project shall be
designed for a storm event of 3-day duration and 25-year frequency.
5) Design and construction of all improvements shall be subject to
'compliance with the appropriate provisions of Division 3.2 of the
Collier County Land Development Code.
C) UTILITIES
1) Water Distribution, sewage collection and transmission and interim
water and/or sewage treatment facilities to serve the project are to be
designed, constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance No. 88-76. as amended,
and other applicable County rules and regulations.
2) All customers connecting to the water distribution and sewage
collection facilities to be constructed will be customers of the County
and will be billed by the County in accordance with the County's
established rates. Should the County not be in a position to provide
water and/or sewer service to the project, the water and/or sewer
customers shall be customers of the interim utility established to
serve the project until the County's off-site water and/or sewer
: facilities are available to serve the project.
6-3
3) It is anticipated that the County Utilities Division will ultimately supply
potable water to meet the consumptive demand and/or receive and
treat the sewage generated by this project. Should the County system
not be in a position to supply potable water to the project and/or
receive the project's wastewater at the time development commences,
the Developer, at his expense will install and operate interim water
supply and on-site treatment facilities and/or interim on-site sewage
treatment and disposal facilities adequate to meet all requirements of
the appropriate regulatory agencies. An agreement shall be entered
into between the County and the Developer, binding on the
Developer, his assigns or successors regarding any interim treatment
facilities to be utilized. The agreement must be legally sufficient to the
County,' prior to the approval of construction documents for the project
and be in conformance with the requirements of Collier County
Ordinance No. 88-76, as amended.
4) If an interim on-site water supply, treatment and transmission facility
is utilized to serve the project, it must be properly sized to supply
average peak day domestic demand, in addition to fire flow demand
at a rate approved by the appropriate Fire Control District servicing
the project area.
5) Public Service Commission Territories:
Prior to approval of construction documents by the County, the
Developer must present verification pursuant to Chapter 367, Florida
Statutes, that the Florida Public Service Commission has granted
territorial rights to the Developer to provide sewer and/or water
service to the project until the County can provide these services
through its water and sewer facilities.
D. ENVIRONMENTAL
1 ) Petitioner shall be subject to Division 3.9 of the Collier County
Land Development Code, requiring the acquisition of a tree
removal permit prior to any land clearing. A site clearing plan
shall be submitted to the Community Development and
Environmental Services Administrator for review and approval
prior to any substantial work on the site. This plan may be
submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict how the
final site layout incorporates retained native vegetation to the
maximum extent possible and how roads, buildings, lakes,
parking lots and other facilities have been oriented to
accommodate this goal.
6--4
2) Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design. A
landscaping plan will be submitted to the Community
Development and Environmental Services Administrator for
review and approval. This plan will depict the incorporation of
native species and their mix with other species, if any.
3) All exotic plants, as defined in the Land Development Code,
shall be removed during each phase of construction from
development areas, open space areas, and preserve areas.
Following site development, a maintenance program shall be
implemented to prevent re-invasion of the site by such exotic
species. This plan, which will describe control techniques and
inspection intervals, shall be filed with and approved by the
Community Development and Environmental Services
Administrator
4) If during the course of site clearing, excavation or other
constructional activities, an archaeological or historical site,
artifact or other indicator is discovered, all development at that
location shall be immediately stopped and the Community
Development and Environmental Services Administrator shall
be notified. Development will be suspended for a sufficient
length of time to enable the Community Development and
Environmental Services Administrator or a designated
consultant to assess the find and determine the proper course
of action in regard to its salvageability. The Community
Development and Environmental Services Administrator will
respond to any such notification in a timely and efficient
manner so as to provide only a minimal interruption to any
constructional activities.
5) Environmental permitting shall be in accordance with the state
of Florida Environmental Resource Permit rules and be subject
to review and approval by Current Planning Environmental
Review Staff. Removal of exotic vegetation shall not be
counted towards mitigation for impacts to Collier County
jurisdictional wetlands.
6) In accordance to Florida Game and Fresh Water Fish
Commission (FGFWFC) and U.S. Fish and Wildlife Service
(USFWS) guidelines or authorization, should foraging habitat
within a red-cockaded range become jurisdictional to these
agencies during the approval prccess, the developer will
6-5
comply with these regulations and guidelines as set forth for
development and management of these habitats (Collier
County Comprehensive Plan, Policy 7.3.4).
E. SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS
1) Section 3.2.8.3.19: Street name signs shall be approved by
the County Engineer but need not meet U.S.D.O.T.F.H.W.A.
Manual on Uniform Traffic Control Devices. Street pavement
' painting, striping, and reflective edging requirements shall be
subject to the County Engineer's approval, but need not meet
standard county requirements.
2) Section 3.2.8.4.16.5: Street rights-of-way and
cross-sections for the roads shall be as designated by
developer ~f time of final construction plans.
3) Section 3.2.8.4.16.6: The 1,000 feet maximum dead. end
street length requirement shall be waived.
4) Section 3.2.8.4.16.8: Back of curb radii may be reduced to
thirty (30') feet at local intersections.
5) Section 3.2.8.4.16.10: The requirement for one hundred
(100') feet tangent sections behveen reverse curves of streets
shall be waived.
: 6) Section 3.2.8.4.21: The requirement for blank utility casings
shall be subject to County engineering approval, but need not
meet standard County requirements.
F. MISCELLANEOUS
1 ) Access to the project shall be restricted to those access points
shown on Exhibit 'W'.
6..6
IMMOKALEE ROAD
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STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a true copy of:
ORDINANCE NO. 96-3
Which was adopted by the Board of County Commissioners on the 13th day
of February, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 14th day of February,
1996.
DWIGHT E. BROCK
Clerk of Courts and ~ierk
Ex-officio to Board~of ." " '
County Commissioner~.',.'~r'~
By: /s/Ellie Hoff~.~-".'~ '.~"~0~'."
Deputy Cler~D