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Ordinance 96-65 '?' + ORDINANCE NO. 96- 65 ,"-~ of Board ~ ORDIN/hNCE M4ENDING O~DZ~C~ ~I~ 9~-~02 ~ ' INCLUDES THE COMPREHENSIVE ZONING REGU~TIONS '.-~L~- FOR THE UHINCORPO~TED ~ Or COLLIER CO~TY, FLORID~ BY ~ENDING THE OFFICIAL ZOHIHG ~T~S ~PS H~BERED 86185 and 861951 BY C~HGIHG TH~ ZONING C~SS/FIChT/ON OF THE HEREXH DESCRIBED.:j, RE~L PROPERTY FRO~ "~" and "PUD" ~?O "PUD" P~NNED UNIT DEVELOPMENT KNOWN AS PELICAN STAND DRI/PUD, FOR PROPERTY LOCAg?ED AT THE NORTHWEST CO~ER OF 1-75 ~D I~O}~LEE ROAD " (C.R. 846), LOCATED IN SECTIONS 18 AND 19, TO~SHIP 48 SOUTH, ~NGE 25 EAST, COLLIER ~.' " COUNTY, FLORIDA, CONSISTING OF 574~.56 ACRES' MORE OR LESS; AND BY PROVIDING AN EFFECTIV~ DATE. WHEREAS, William R. Vines of Vines and Associates, Inc., representing Pelican Strand Development Corporation, petitioned the Board of County Commissioners; to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Sections 18 and 19, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" and "PUD" to "PUD" Planned Unit Development in accordance with the Pelican Strand PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps Numbered 86185 and 86195, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 85-61, as amended, known as the Pelican Strand DRI/PUD, adopted on February 13, 1990 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1- SECTION THREE: This Ordinance shall become effective ripon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~' day of ~ , 1996. BOARD OF COUN~:Y COMMISSIONERS COLLIER COUNTY, FLORIDA .... ATTEST: .' ~ . ", BY ' "' J C , , ....' . ... '.'. '... , , ~ ~R~fS CHAIRMAN ... APP/OVED .AS. TO , AND LEGAL .SUFFICIENCY · MARJ~IE M. ~TUDENT ASSISTANT COUNTY ATTORNEY PUD-96-11 ORDINANCE/17879 This c,~r,..,s,,~ - .I ,'.~:h the t . ' i ':: . ~':'~is._' :l'.a ..:f~_.,~' and c~fk,:rv,.f.:::-;,~-:r,t fllin receive~ 'this ~day D, epu~, -2- 1 6-Lgl PELICAN STRAND A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING PELICAN STRAND, A PLANNED UNIT DEVELOPMENT, PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: PELICAN STRAND, LTD. PREPARED BY: VINES & ASSOCIATES, INC. 800 HARBOUR DRIVE NAPLES, FLORIDA 33940 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 96-65 AMENDMENTS AND REPEAL EXHIBIT "A" TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND ATTACHMENTS 3 STATEMENT OF COMPLIANCE 4 SEC~ON~ 5 PROPERTY OWNERSHIP AND DESCRIPTION SECTION I~ 9 PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL DEVELOPMENT TRACT STANDARDS AND REQUIREMENTS ~ 15 COMMERCIAL DEVELOPMENT TRACTS STANDARDS AND REQUIREMENTS SECTION V 18 GOLF COURSE/UPLAND OPEN SPACE STANDARDS AND REQUIREMENTS ,~ ~ 20 PRESERVE TRACTS STANDARDS AND REQUIREMENTS SECTION VII 21 DEVELOPMENT COMMITMENTS LIST OF EXHIBITS AND A'FFACHMENT,~ PAGE WATER MANAGEMENT REPORT 27 EXHIBIT A - PUD MASTER PLAN 28 CONCEPTUAL DRAINAGE PLAN Attached ENVIRONMENTAL IMPACT STATEMENT Attached VEGETATION MAP Attached FLUCCS MAP Attached STATEMENT OF COMPLIANCE The development of 574.569 acres of property in Collier County as a Planned Unit Development to be known as Pelican Strand will be in compliance with the goals, objectives, and policies of Collie~ County as set forth in the Growth Management Plan. Pelican Strand is a mixed commercial/residential/golf and associated recreational use project which will be consistent with the applicable elements of the Collier Growth Management Plan for the following reasons: 1. The property includes the entire northwest quadrant of the Immokalee Road interstate activity center, which accommodates the planned 30 acres of commercial land uses. The remaining 169.3 acres of project area within Section 19, Township 48 South, Range 26 East, lies within the 1-75/Immokalee Road density band, which makes these lands eligible for 7 unit per acre density, or 1,185 units. Project lands within Section 18, Township 48 South, Range 26 East, are 375.269 acres in area, and are eligible for the Urban Area Base Density of 4 dwelling units per acre, or 1,501 u;~its. The 544.569 acres of project area which lie outside the interstate activity center are eligible for 2,686 units, or 4.93 dwelling units per ac~'e. This residential development density eligibility is substantialSy greater than the planned 680 units or 1.25 units per acre. 2. The 30 acres of project area which lie within the interstate activity center are planned for mixed commercial, trar~sient, residential, and institutional uses, as is indicated to be appropriate by the FLUE. 3. Traffic ways, utilities, and other public facilities r~ecessary to serve the Pelican Strand proiect are adequate. Pelican Strand will participate in the expansion of existing public: facilities to the extent of its impact on those facilities via payment of impact fees. 4. The Pelican Strand project will be compatible with and complimentary to existing and planned land uses in the vicinity. SECTION I PROPERTY OWNERSHIP AND DESCRtFI'ION 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 PELICAN STRAND. 1.2 LEGAL DESCRIPTION See Pages 7 and 8. 1.3 PROPERTY OWNERSHIP The subject property is owned by Pelican Strand, Ltd., Suite 1, 10621 Airport Rd., No., Naples, Florida 34109. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is ;ocated in the northwest quadrant of the 1-75/Immokalee Road interchange. B. The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development" in part, and "Rural Agricultural" in part. 1.5 PHYSICAL DESCRIPTION The project lies within Water Management District No. 7 and within the Cocohatchee River watershed. Drainage from the property will discharge into the Immokalee Road Canal, thence westerly in the Immokalee Road Canal to Cc, cohatchee River tidewater, which connects to the Gulf of Me:cico via Wiggins Pass. Water management for the project will be the constructed lake and preserved natural wetland retention type. Storm waters which exit the site will do so via a control structure, which will be authorized as a part of water management permits to be issued by Collier County and the South Florida Water Management District. Topography within the project is relatively level, with surface elevations ranging from 12 feet to 14 feet above meah sea level. The entirety of the site lies within Flood Zone "X" according to FIRM Map 12006700215D, dated June 3, 19.86. Soil types within the project include Hallandale fine sand (approximately 30%), Riviera fine sand, limestone substratum (approximately 20%}, Basinget fine sand (approximately 15%), Boca fine sand (approximately 15%), Boca, Riviera, limestone :substratum and Copeland fine sand depressional (approximately '12%), Holopaw fine sand, limestone substratum (approximately 4%}, Holopaw fine sand (approximately 3%), and Pineda fine ,,;and, limestone substratum (approximately 1%). 1.6 PROJECT DESCRIPTION The Pelican Strand project will be an expanded version of the . previously approved Regency Village of Naples PUD/DRI. The 5 application adds 375.3 acres, resulting in a total project area of 574.6 acres. The previously approved 18-hole executive golf course is being lengthened so as to be an 18-hole regulation golf course. No change is being made in the previously approved 680 residential dwelling units, although a portion of those units are planned to occur in the original 199.3 acre project area; a portion in the added 375.3 acre area. The original PUD/DRI included 30 acres of mixed commercial development. No change is being made to either the 30 acre area or the commercial use mix. 181.5 acres are indicated on the Pelican Strand PUD Master Plan as "Future Development". Development of that area will be planned in the future and will result in applications re: additional PUD and DRI amendments. Additional lands may be acquired and incorporated in the Pelican Strand proiect at a future date. Such an expansion of the project will necessitate an amendment of this PUD document, of the PUD Master Plan, and if appropriate, of the DRI Development Order. 1.7 SHORT TITLE This Ordinance shall be known and cited as the Pelican Strand Planned Unit Development Ordinance. 6 E×HIBIT B MAY, 17 199~ JOB NO. 40~ LEGAL DE,SCRIPTION FUR PELICAN ffHtAHD · A I'OR T/ON OF SEC17ONS 18 AND 19 TOIVNSItlP 48 SOUl'l) RANGE 26 FAST COLLIER COUNT]~ FLORIDA A 'HI,ACT OF LAND ~HUATEI) IN SECIIQNS 18 ANi.) 19, I'OW'NSI IIP 41 SOLTHI. RANGE 26 EAST, COLLIER COUNTY FLORIIJA. 5AIIJ 'I'ItAL'I' I,YING WEST OF IN'I EI{SI'A1E ?.$ ANI) IIi';ING MURE PARTICULARLY D:FESCRIDED AS FrJLI,OWS: COMMENCING AT TI Ill SOUTI IWEST CORNEI( OF SEGI'ION 19, TOWNSlOP 4g SOUTII RANGE 26 EAST AND BEING ON TI IE NOlOIll RIGI H' OF WAY LINE OF STATE ROUTE 846 (10q WIDE). I'IIENCE; NOR'Ill 89D 20'28" WES'I'A DISTANCE OF 1890.22 Fl' 'J'O A I'OIN'l', TI I ENCE l',lOR'l'l i 010D 08'21" WEST ALONG 'HIE 1/4 SEelION LINE A I)IS'I'ANCE OF 10g. O0 FTI'O A POINT ON 1'lIE NORlll EDGE OF A CANAt. EASEblENT AND 'HIE 'l'li Ul~ I'OI NT OF BEGINNING. TIIENCE WH'li 'IIIE NUIUI'II AND EAST i.INF. S OF CANAL EASEMENI'S (DEED BOOK 74 PAGE 78 AND OR BOOK I'AGI:' 4 14, COLI.II.ZR COUNTY.} ;'H IE FOLLOWJNCt SIX (6} COUI~ES AND DISTANCES; SOU'Ill 89D 20'08" EAST A DISTANCE OF 750.00 H' l'O A POINT, 'HIENCE; SOU'HI 89D 21'04" EAST A DIS'rANGE OF 267,46 Fl' TO A POIN r, TI IENCE; NORTI 147D 51 '05" EAST A DISTANCE OF 268.82 FF TO A PO,'NI' 'H IENCE; NOR'l l I 14 D 05'43" EAST A DIS'rANCE OF 502.45 Fl' TO A POINT 'H [ENCE; NOR'I] I 09D 2Y06" EAST A DISTANCE OF 439.3g Vl' TO A POINT, TIIENCE; NOR'HI 04D 36'19" EAST A DISTANCE OF 671.26 Fr TO A i'OINT, TI LENCE; SOU'ill 89D 26'00" EAST A DISTANCE OF 109.07 FI' TO A POINI' ON TIlE WEST RIGi|T OF WAY LINE OF INTERSTATI.-' 75 (OR BOOK 305 PAGE 410), I1 IENCE; NORTI I 0CO 36'29" EASI'A DISI'ANCE O1:3443.60 POINI' ON ~'I IE NORTI I LINE OF SECHON 19 'HIENCE; NORTll 00D 36'21" EAST A LIISTANCE OF 1475.g6 H'TO A POINT TILENCE; NORTI I 00D 36'21" EAST A DISTANCE OF 1190.58 FI' TO A POIN'F ON TIlE EAST WEST 114 LINE OFSECHON 18, Ti IENCE; NORTI I 00D 36'21" EAST A DISI'ANCE OF 2666.77 FT TO A i'OINT TO A POINT ON TI IE NORTll LINE O!: SECTION 18, TI IENCE; NORTI I 88D 31'4 I" WEST A DISTANCE OF 836.37 VI'ALONG SAID NORTI! SECTION LINE, TO A POINT MARKING TIlE NOR'Ill 1/4 COlh"4gR OF SECHON Ti!ENCE CONTINUE; NOIH'I I 88D 31'41" WEST A DISTANCE OF 2627.43 FF ALONG SAID SECTION LINE TO A POINT MARKING '1 '11E NORTI TI IENCE; SOU] '11 00D 34'00' WEST A DISTANCE OF 2686.42 FI' gONG TI IE WEST LINE OF SECTION I 8 1'O A POINT MAltKING l'l IE WEST 1/4 COR/qER OF SECTION 1 TIIENCE CONTINUE; SOU'HI gOD 34'00" W:ES'F, ALONG SAID SECTION LINE A DISTANCE OF 2685.26 Izl' TO A POINT MAltKING TI IE SOUTI IWEST CORNER OF SECTION 'H IENCE; SOU'HI 89D 09'32" EAST, ALQNG TIlE SOUTI I LINE OF SECTION A DISTANCE OF 1983.97 F'Y TO A POINT TIIENCE; 8OUTii 89D 09'52" EAST A DISTANCE OF 648.71 FT TO A POINT ON 1lIE NORTII SOLrill I/4 SECYION LINE OF SECTION 18, T!IENCE; 8OUT!l 0OD 21'54" WEST ALONG SAID I/4 SECTION LINE A DISTANCE OF 1715.95 FTTO A POINT, T!IENCE; NORTll 89D 20'04" WEST A DIS'FANCE OF 750.00 FT TO A POINT, THENCE; SOU'I] I 00D 21'54" WEST A DISTANCE OF 3505.96 F'F TO TI IE POINT OF BEGINNING. AND CONTAINING 574.369 ACRES MORE OR L.------------------ESS. PREPARED BY: ROOEI~L I[AJ~RA|| LS#5294 DATE: FOR COMMUNITY ENGINEERINO SERVIC.ES, INC 9200 BONITA BEACH ROAD, SUFFE 213 BONTIA SPRINGS, FLORIDA 33923 SEE ,4 TT,4CItED BOUNDdR Y SUE FE Y: k,~.I SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to generally describe the proiect plan of development, relationships to applicable County ordinances, the respective land uses of the trz~cts included in the project, as well as other project relationships. 2.2 ~ A. Development of Pelican Strand shall be in accordance with the contents of this Planned Unit Development document and applicable sections of the Collier County Land Development Code and Growth Management. Plan in effect at the time of issuance of any developrrlent order, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in C,~llier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic malerial incorporated in this PUD document shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or excepted by this PUD, the provisions of the L.D.C., where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval ol this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance al}plicable to this development. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOJ;ED LAND USE~; A. The project Master Plan, Including layout o'~ streets and use of land for the various tracts, is iljustrated grapr~ically by Exhibit "A", the PU~ Master Plan. The n~ture and extent of land uses within the project is indicated by the following table: MAXIMUM LAND USE INTENSITY SUMMARY .USE MAX, D.U,'s ACRES Residential 680 67 Golf Course/Buffers NA 166 Lakes NA 74.5 Preserves NA 34,5 Future Development/ NA 181 Open Space Roads NA 22 Commercial NA 30 680 575+ 30 ACRE COMMERCIAL AREA COMPONENTS USE MAX. G.~,F, Retail/Service 120,000 Office 40,000 Hotel/Motel 260 Rooms 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in ompliance with Division 3.2 of the Collier County [.and Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provided in said Division prior to the issuance of a building · permit or other development order. 10 D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Utility, road, public, private, etc. easements shall be established as required during the SDP and/or plat approval process. F. Appropriate instruments will be provided at the time of infrastructure improvements regarding dedications and method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES AND SALES OFFICES Model homes and model sales offices are authorized by L.D.C. 2.6.33.4. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Prior to marketing of any properties within the Pelican Strand project, a property owners association shall be established; rules and regulations of the association shall be established; and the mechanism by which project commons areas are to be managed and funded shall be established. SECTION III RESIDENTIAL DEVELOPMENT ARE!AS 3,1 PURPOSE The purpose of this Section is to establish use regulations and development standards for the residential development tracts indicated on Exhibit "A", the PUD Master Plan. 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units permitted in the residential development tracts is 680. Distribution of the dwelling units among the various residential development tracts shall be governed by the rules and regulatk~ns set forth in this Section. 3.3 USES PERMITFED A. Princioal Uses 1. Single family detached dwellings. 2. Two family dwelHngs. 3. Duplexes. 4. Townhouses. 5. Cjuster development, pursuant to L.D.C.2.6.27. 6. Multiple-Family dwellings. B. Accessory Uses 1. Customary accessory uses and structures, including attached c,~' detached garages. 2. Guest houses, pursuant to L.D.C..2.6.14. 3. Common area recreational and utilitarian facilities. 3,4 DEVELOPMENT STAND.ARD$ Development standards governing three residential development tract types are set forth in the following table and notes. Boundaries of the residential development tracts indicated on the PUD Master Plan may be adjusted during the SDP approval process. Each residential development tract shall be utilized for one of the three residential development types indicated on the table. Because of the uncertainty of changing market demand for various residential development types, the residential development tracts indicated on Exhibit "A" do not indicate which residential development type they are to be utilized for. The type of residential development and number of residential units whict'~ is to occur on an individual tract is determined at the time of SDP approval. With the exception of conventional single family residential development Type A, wherein undeveloped homesites may be marketed to individuals for subsequent home design and construction by those individuals in accord with their 12 mmm mmmm individual preferences, all residential development shall be designed and developed in accord with a tract*wide architectural and landscape architectural theme. Evidence of the architectural and landscape architectural theme shall be provided by the tract developer as part of the SDP application documentation.. Since the type and number of dwelling units to be constructed in each residential development tract is not established at the time of this PUD document adoption, the Pelican Strand developer(s) shall maintain a continuous record of the number and type of dwelling units which have been permitted or applied for. This record shall be updated each time an SDP application is submitted, with a copy signed by the Pelican Strand developer or his authorized representative provided as a part of the SDP application package. Innovative residential development plans which do not comply with the standards set forth in the following table may be approved via the Site Development Plan approval process if determination is made by Collier C,,unty that the alternative design features adequately address health, safety, and utility needs issues, and will result in a desirable residential neighborhood. Res. Min.$ite Dim~n$iqn~ Dev. Average Average Max.# Minimum Yards(l) _ Min. FI.Area Tvoe ~ Width Depth_ So. Ft. Stories Front(2) Side(3) ~ So. Ft./DU A. SF Det. 70' 130' 10,000 2 25' 7.5' 25' 1200 B. SF Der. 45' 125' 6,500 2 20' 7.5' 20' 1000 Zero Lot Line 45' 125' 6,500 2 20' 7.5' 20' 1000 2 Faro. Dwelling 37.5'/d.u. 125' 9,375 2 20' 7.5' 20' 900 Duplex 75' 125' 9,375 2 20' 7.5' 20' 900 Townhouses NA 125' 3,000/DU 2 20' 7.5 20' 750 Cjuster Dev. **°**************'** See L.D.C. Sec. 2.6.27 *************************** C Multi-Family NA 140' 2,500/DU 4 30' 10' or 20' 1000 1/2 bldg.ht. whichever is greater (1) Privacy walls and other accessory structures may be authorized on lot lines or in required yards during the Site Development Plan approval process, if deemed to be an appropriate design feature. (2) If the dwelling units do not front on a platted street right-of-way, front yards shall be measured from the edge of the access drive pavement. (3) Side yards are not required on the interior lot lines of sites on which attached or duplex dwellings are developed. The 7.5' minimum side yard for zero lot line dwellings is applicable to only one side. Adjoining zero lot line homes must be separated by a minimum of 10'. (4) Open or screen-caged pools and pool decks: 10' SECTION IV COMMERCIAL AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify the commercial uses and development standards applicable to the tracts designated on Exhibit "A" as Commercial. 4.2 DEVELOPMENT EMP. H/~SIS The two commercial tracts constitute 30 acres of Commercial development area. They are located in the northwest quadrant of the 1-75/Immokalee Road interchange, which is an interchange Activity Center. Commercial development is intended to be mixed, including services for highway travelers; local market shopping; financial institutions, offices, transient lodging facilities, and associated uses. The entirety of the two commercial tracts is to be developed under a common architec- tural/landscape architectural theme, so as to serve the joint objectives of attractiveness to patrons, and an attractive entry feature for the Pelican Strand residential/golfing community. 4.3 USES PERMITFED The following uses, as identified with a number from the Standard Industrial Classification Manual (15517), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses. 1. Unless otherwise provided for in this Section, all permitted uses of the C-2 Commercial Convenience District. 2. Apparel and Accessory Stores (groups 5611-5699). 3. Auto and Home Supply Stores (5531). 4. Business Services {groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 5. Eating Places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to Iocational requirements of Sec. 2.6.10). 6. Drinking Places (5813 excluding bottle clubs}. All establishments engaged in the retail sale or alcoholic beverages for on-premise consumption are subject to the Iocational requirements of Sec. 2.6.10). 7. Food Stores (groups 5411-5499). 8. General Merchandise Stores (groups 5311-5399). 9. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26. 15 === ,-, 10. Home Furniture, Furnishing, and Equipment Stores {groups 5712-5736). 11. Hotels/Motels {7011 ). 12. Libraries {8231). 13. Membership Organizations {8611-8699). 14. Miscellaneous Repair Services (groups 7629-7631 ). 15.Miscellaneous Retail {groups 5912-5963 except pawnshops and all uses dealing with secondhand merchandise, 5922- 5999). 16. Motion Picture Theaters, except drive-in {7832). 17. Museums and Art Galleries {8412). 18. Non-depository Credit Institutions (groups 6111-6163). 19. Paint, Glass, and Wallpaper Stores (5231). 20.Personal Services (Groups 7211,7212, 7215, 7216 non- industrial dry cleaning only, 7221-7251. 7291 ). 21.Public Administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 22. Retail Nurseries, Lawn and Garden Supply Stores (5261). 23.Veterinary Services (groups 0742, 0752, excluding outside kenneling). 24. Video Tape Rental {7841 ). 25.United States Postal Service {4311 except major distribution centers). 26.Any other general commercial use which is comparable in nature with the foregoing uses. 4.4 PERMITTED ACCESSORY USES IN STRU(;:TURE~ A.Accessory uses and structures customarily associated with the uses permitted in this District. B. Essential services and facilities. 4.5 DEVELOPMENT STANDARD~ A. Site Area: 10,000 square feet B. Site Width; 100 feet C. Setbacks: From parcel boundaries: Twenty-Five {25) feet plus one I1) foot for each two (2) feet of building height over thirty (30) feet. 16 D. ..Di~ta.n. ce Between Principal Structure~; None, or a minimum of ten (10} feet with unobstructed passage from front to rear yard. E. Maximum Height of Structures; 1. Retail/Service: 2 Stories 2. Office/Institutional: 4 Stories 3. Hotel/Moteh 7 Stories F. Minimum Floor Area of principal Structure,~ One thousand (1,000) square feet per building on the ground floor. Gasoline service stations are exempt from this regulation if no convenience shopping facilities or vehicular service/repair facilities are offered. Uses which are characteristically smaller than 1,000 feet may be authorized via the SDP approval process. G. Common Architectural Theme: Evidence of a common architectural, landscape architectural and signage theme shall be provided with all applications for Site Development Plan approval and building permits. 17 SECTION V GOLF COURSE/UPLAND OPEN SPACE AREAS 5.1 pURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course/Upland Open Space Tracts indicated on the PUD Master Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 5.2 USES PERMITTED 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. PrinciPal Uses 1. Golf Courses. 2. Golf club complex, including club buildings and maintenance buildings and facilities. The golf club complex may include food and beverage preparation and service facilities, various indoor a,,d outdoor non-golf recreation facilities and services which are characteristic at private golf and country clubs, administrative offices, utilitarian facilities, and project sales facilities during the period when the project is being marketed. 3. Lakes. 4. Upland open spaces. 5. Pedestrian, golf cart, bicycle and maintenance vehicle bridges, or paths, or other similar facilities constructed for purposes of access to or passage through the golf course and or upland open spaces. 6. Small docks, piers, or other such facilities constructed for the purposes oi' lake recreation for residents of the project. B. Accessory Uses 1, Golf practice facilities. 2. Commercial services and facilities which are accessory to and subordinate to the golf course and club. The commercial facilities and services shall be of such size, and shall be operated in such a manner, that they provide service only to the project homeowners and golf club members and their guests, and not to the general public. . 3. During the period of time the Pelican Strand project 18 emmm ,,=ram IIIII is being markete,.,. prospective property purchasers and prospective golf club members may be authorized by the development organization to play the golf course and utilize other club facilities. At such time as proiect marketing is complete and the residential areas, golf course, and club have been taken over by the property owners' association and golf club membership, utilization of the golf course and club facilities shall be limited to members and their guests. 5.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location and treatment of buffer areas. B. Principal structures shall be set back a minimum of fifty (50) feet from abutting residential development tracts. C.Lighting facilities shall be arranged in a manner which will protect residential units from direct glare. D. Maximum Heiaht 1. Principal Structures - 3 story 2. Accessory Structures - 2 story E. Minimum Off-Street Parkina and Loading As required by Division 2.3 of the Land L~evelopment Code at time of building permit application. m ="="== m SECTION VI PRESERVE TRACTS 6.1 PURPOSE The purpose of this Section is to preserve and protect the natural wetland vegetation and functional habitat incorporated in the Preserve Tracts. 6.2 USES PERMITTED 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, subject to regional State and Federal permits when required; A. Princioal Uses 1. Open Spaces/Nature Preserves. 2. Small docks, piers, or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. 3. Pathways and or bridges, subject to appropriate approvals by permitting agencies. $ ~0 SECTION VII DEVELOPMENT COMMITMENTS 7.1 pURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 7.2 GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivis!on Plans, and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications Gf the Land Development Code Division 3.2 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 responsib!e for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee in title, any commitments within this agreement. 7.3 PUD MASTER pLAN A. Exhibit "A", the PUD Master Plan, iljustrates the proposed ,., development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific ar, d may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD 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. 7.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on the Pelican Strand project is planned to occur in calendar year 1996, with completion of the golf course and project infrastructure anticipated to occur in calendar year 1998. Marketing of commercial and residential sites and golf course memberships is planned to begin in calendar year 1996, and is expected to be concluded in calendar year 2003. B. MQnitOrinfi ReDort: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Coli,er County Land Development Code. 7.5 DEVELOPMENT SUBSTITUTIONS FROM STANDARD SUB- DIVI~;10N PRACTICE/REGULATIONS A. Maximum dead-end street lengths shall be 1,500 feet as approved on the PUD Master Plan, rather than as required by Section 3.2.8.4.16.7 of the Collier County Land Development Code. B. A perimeter berm along 1-75 may be steeper than provided for by L.D.C.2.4.4.14, provided that the Development Services Director determines that detailed development/landscape plans for the iJerm demonstrate feasibility, maintainability, and attractiveness. 1. Trees and shrubs shall be planted along the base of the 1-75 side of the berm, so as to visually soften the appearance of the steep sided berm. 2. Ground cover on the 1-75 side of the berm shall form a dense attractive mat, and shall not require mowing. 3. Trees shall be a minimum of 75% native species. 4. Shrubs shall be a minimum of 35% native species. 7.6 TRANSPORTATION Since the use mix in the Pelican Strand project is identical to that of the previously approved Regency Village of Naples PUD/DRI, the number of vehicular trips which will be generated by the project will be the same, and no additional traffic impact study is required. The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. A security gate may be installed between the access to the commercial area, which is open to the general public, and the residential/golf club area. Streets which do not serve the general public may be private. B. The reserved right-of-way along the north boundary of the project is to accommodate the southern half right-of-way for the east-west arterial road indicated on Map TR-7, the Future Traffic Ways Map, Year 2015, an increment of the Collier County Growth Management Plan. Prior to construction of a road within this right-of-way, the Pelican Strand development sponsor, or his assigns, may utilize the right-of-way on an interim basis for herre, buffer, golf course rough, access corridor for maintenance equipment, etc. Upon notification by the County that road construction is imminent, the right-of-way shall be dedicated to the County, and interim utilization of the right-of-way by the Pelican Strand developer or his assigns shall be t,~:minated. C. Work within Collier County right-of-way shall meet the requirements of Collier County Right-Of-Way Ordinance No. 93-64. IIIIIImmm ~=mmmmem 7.7 WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: A.A copy of the SFWMD Surface Water Permit with staff report is required prior to final construction plan approval. B. A copy of the SWMD Right-of-Way Permit shall be submitted prior to final construction plan approval. C. An Excavation Permit will be required for the proposed lakes in accordance with L.D.C. Division 3.5 and SFWMD rules. 7.8 UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A~ Water distribution, sewage collection and transmission lines to serve the project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. 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. C. Water Facilities Looping and Stubs: The on-site water distribution system to serve the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the o;stribution system: 1. Dead-end mains shall include dead-eP¢ flushing hydrants. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project, at locations to be mutually agreed to by the County and the Developer during the design phase of the project. D. Effluent Irrigation Use: The project's Developer(s) his assigns or successors shall negotiate an Agreement with the District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized. ~ ,mmmemm ~ E. Only One Connection to the County Central Sewer System or a Master Pump Station: The utility construction documents for the proiect's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's Sewer Master Plan. F. Off-Site Utilities Improvements: 1. Water The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required. if necessary. consistent with the County's Water Master Plan to insure that the District's water system can hydraulica~7~, provide a sufficient quantity of water to meet the anticipated demands of the proiect and the District's existing committed capacity. 2. Sewer The existing off-site sewage transmission facilities of the District must be evaluated for the hydraulic capacity to serve this project and improved as ,: required outside the project's boundary to provide adequate capacity to transp'~rt the additional wastewater generated without adverse impact to the existing transmission facilities. 7.9 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to anu governed by the following conditions: A. As required by LDC 3.9.5.5.3, 25% of the viable naturally functioning native vegetation in the 375.3 acre tract, which has been added to the originally approved 199.3 acre PUD, shall be preserved. The amount of the preserved natural vegetative area shall be a minimum of 37 acres. Retained native vegetation shall at all times equal a minimum of 37 acres, and at the time the area indicated on the PUD Master Plan as "FUTURE DEVELOPMENT" is planned for definitive development and this PUD modified to accommodate that development, a minimum of 37 acres of native vegetation within the 375.3 acre area shall be identified as preserve and appropriate preserve easements established thereon. B. 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 the sole mitigation for impacts to . Collier County jurisdictional wetlands. ~. 24 C. All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. D. Buffers around preserved jurisdictional wetland shall be in accordance with the State of Florida Environmental Resource Permit rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted per Paragraph C. above. E. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservations areas, shall be submitted to Current Planning Environmental Review Staff for review and approval prior to final site plan/construction plan approval. F. Petitioner shall comply with the guidelines and recommendation.~ of the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding impacts to protected wildlife species. 7.10 ACCESSORY STRUCTURE-~ Accessory structures shall be constructed simultaneously with or following the constructidn of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractors' storage and office facilities and the like, may be erected and utilized during the period of project development and marketing. Such temporary buildings shall be removed upon completion of the marketing or construction activity which they are accessory to. 7.11 SIGNS All signs shall comply with Division 2.5 of the Land Development Code. 7.12 LANDSCAPING FOR OFF-STREET PARKING AREAS; All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 7.13 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision sha~l be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowner assoc!--tions, or 25 mine community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.14 pROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that thore is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditions: 1. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5 are applicable. WATER MANAGEMENT REPORT, The proposed water management plan for the Pelican Strand project constitutes an extension of the system previously planned for The Regency Village of Naples PUD/DRI. Surface water runoff from the project development areas will be swaled and/or piped to the numerous on-site lakes. The on-site lakes, together with preserved natural wetland areas, will function as on-site surface water storage areas. The lakes will be interconnected, and will discharge through a single control structure to the Cocohatchee Canal at the southeast corner of the proiect. As required by the South Florida Water Management District and Collier County standards, the discharge will be limited to 0.04 cubic feet per second per acre. The control elevation for the discharge structure and for the lakes will be established by the Surface Water Management permit for the project, which will be the subiect of a separate application, The lakes and preserved wetlands, which will function as a part of the project water management system, will be placed in conservation easements and dedicated as required. Dry pre-treatment may be required in the commercial development area, and will be handled on a case-by.case basis as permit applications are submitted during the courso of the 30 acre commercial tract development. P---F ..,__~_.,-- - ~- ~..L~ PELICAN STRAND P.U.D MASTER PLAN ~, LOC~n0~ NAP~. ~ORIDA <- ~.--:-..~.. ~ ~ ,..~ ,, . ~ .......... ,-- ~...~...~ ... -~ ~1 ~: ... ,,~ · ... ~ :,._~. ~..~ {: .............. ~. ~, ~ - .. ~'~ ~:~:/-.., 'JL /:n~ ' ~:~l ~ ~o~ ,, /~.... ~- ~',l ~' ~? ~ ~ c' "~~~,~ :~ .l~ 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. 96-65 Which was adopted by the Board of County Commissioners on the 22nd day of October, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of October, 1996. DWIGHT E. BROCK ,," Clerk of Courts and.'el~rkf Ex-officio to Boar~ of County CommissionerS'.". Maureen Kenydn'