Ordinance 94-43 ORDINANCE NO. 94- 43
AN ORDINANCE AMENDING ORDINANCE NUMBER ~~ ~
91-102 THE COLLIER COUNTY I2%ND ~
DEVELOFMENT CODE WHICH INCLUDES THE ~ --
COMPREHENSIVE ZONING REGULATIONS FOR THE ~
UNINCOP. PORATED AREA OF COLLIER COUNTY, ~ ~
FLORIDA BY AMENDING THE OFFICIAL ZONING ~ u~=
ATLAS MAP NIIMBERS 16045 AND 160506; BY ~ --
CHANGING THE ZONING CLASSIFICATION OF THE ~ ~
HEREIN DESCRIBED REAL PROPERTY FROM "A"
TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN
AS LAND'S END PRESERVE, LOCATED ON THE
NORTHWEST CORNER OF THE INTERSECTION OF
TOWER ROAD AND BAREFOOT WILLIAMS ROAD IN
SECTIONS 4 & 5, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA,
CONSISTING OF 262.9 ACRES; AND BY
PROVIDING AN EFFECTIVE 'DATE.
WHEREAS, George Bother, representing Emerald _
Venture, 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 Couunty
Commissioners of Collier County, Florida:
The zoning classification of the herein described real
property located in Sections 4 & 5, Township 51' South, Range
26 East, Collier County, Florida, is changed from "A" to
"PUD" Planned Unit Development in accordance with the Land's
End Preserve PUD Document, attached hereto as Exhibit "A" and
incorporated by reference herein. The official Zoning Atlas
Map Numbers 16045 and 160506, as described in Ordinance Number
91-102, the Collier County Land Development Code, is hereby
amended accordingly.
This Ordinance shall become effective upon receipt of
notice from the Secretary of State that this Ordinance has
been filed with the Secretary of' State.
PASSED AND DULY ADOPTED by the Board of County
Commissioners of Collier County, Florida, this /~ day of
./,~. ,1994.
BOARD 0 COUNTY COMMISSiON~RS
.,/~ · .. ~. ..' ~..~.'
ASSISTANT COUNTY ATTORNEY
T~s (x~nonce filea ~ ~e
228
-2-
LAND'S END PRF_~ERVE
A PLANNED UNIT DEVELOPM~ENT
EMERALD LAKES JOINT VENTURE
I I00 Fifth Avenue South
Suite 401
Naples, Florida 33940
AGENT:
GeorEe Bother, ASLA
Harman, O'Donnell & Heunh~ger, Inc.
2706 South Horseshoe Drive'
Naples, Florida 33942
CONSULTANTS:
Butler Englneerh~g, Inc.
1645 Colon{a] Boulevard
Ft. Myers, Florida 33907
Turrell & Associates, Inc.
3584 Exchange Avenue, Suite B
Naples, Florida 33942
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DATB FILED ,~-~
DATB RgVI~
DATB ]E~V. BY CC]~ 8..Ig-94
DATE APP. BY BCC
ORDINANCB NU]vIB~R 94-43
EXHIBIT "A"
LAND'S END PRESERVE PUD
TABLE OF CONTENTS
Page
LIST OF EXHIBITS AND TABLES i
STATEMENT OF COMPLIANCE
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION I
SECTION H PROJECT DEVELOPMENT REQUIREMENTI~ 3
SECTION HI RESIDENIlAL AREAS
SECTION IV RECREATION AND LAKE AREAS I0
SECTION V PRESERVE AREAS 12
SECTION VI DEVELOPMENT COMMITMENTS 13
LIST OF EXHIBITS AND TABLES
TABLE I SINGLE t:AMILY RESIDENTIAL STANDARDS
TABLE H OTHER RESIDENTIAL STANDARDS
EXHIBIT A PUD MASTER PLAN
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STATEMENT OF COMPLIANCE
The developmere of approximately 262.9 acres of property in Collier County, ss a Manned Urdt
Development to be known as l.~nd's End Preserve PUD, will be in compliance with ~e plazming
goaIs and objectives of Collier County as set forth ~n the Collier County Growth. Management
Man and the Golden Gate Area Master Man. The residential facillties of the L~d's End Pre~rve
PUD will be consistent with the growth policies, land development regulations and applic=bIe
comprehensive planning objectives for the followlng reasons;
The subject propeny is located within the Urban Coastal Fringe Designation as identlfied
on the Future Land Use Map as required in Objective I and Policy 5.1 of the Future Land
Use Element.
2. The subject pwperty's location in relatton to existing or proposed conunity faci|ities and
services permits the proposed developmeals residential denslty as described Ln Objective
2 of the Future Land Use Element.
3. The project development is compatible and compIementary to existing and futur:
surrounding land uses as required in Policy 5.4 of the Future Land Use Elfmet.:.
4. Improvements am planned to be in compliance with applicable sections cf the Collier
County Land Development Code as set fo~h in Objective 3 of the FuNre Land Use
Element.
5. The project development will result in an efficient and economieal alloca:ion of
community facilitles and services as requlred in Policies 3. l.H and 3.1.L of the Future
Land Use Element.
6. The project development is planned to protect the functions of natural drainage features
and natural groundwater aquifer recharge areas as described in Objective 1.5 of the
Drainage Sub-Element of the Public Facilities Element.
7. The projectcd density of t[u'ee dwe|llng units per acre, based on a maximum of
on 25~.9 acres, is in compliance with the Future Land Use Element of the Growth
Management Plan lmsed on the followlag relationships to required crlteria:
Base Dcnsity + 4 dwe111n~ units ] acre
Within Trnffic Congestion Area -I dweIitn~ units ] acre
Maximum Permitted Density + 3 dwelling units ] acre
8. All final |ocal development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance, where applicable.
SECTION ONE
PROPERTY OWNERSHIP AND DESCRIFrIOI%r
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 prolx~sed to be develop,'.d und*.r the
project name of I..snd's End Preserve.
1.2 LEOAL DESCRIPTION
The subject property being 262.9 acres, is described as:
The North I/= of the South l/2 of Section 4, Township 51 South, Range 25 ~.Easl, Collier
County, Florida lying Westerly of the centerline of Bar~foo~ Willtams Road.
Together with:
The South 1/2 of the South ~/= of Section 4, Township 51 South, Range 26 East, Collier
County, Florida lylnl~ Westerly of the Westerly Right of Way Line of Barefcx3t Willtams
Road.
Together with:
The Southeast I/4 of the Southeast ~,~ of Section 5, Township 51 South, Range 25 East,
Collier County, Florida.
Together with:
The South I/= of the Northeast ~/4 of the Southeast ~,,~ of, Section 5, Township 51 South,
Range 26 East. Collier County, Florida.
1.3 PROPERTY OWNERSHIp
The subject property is owned by:
..'~-
Emerald Lakes loint Venture
1 I00 Fifth Avenue South
Suite 401
Naples, Florida 33940
1.4 GENERAL DI~SCRIPTION OF PROPEI~TY AREA
A. The subject propeny is located west ot' the Eagle Creek Sulxllvlslcn, ~.'. the
northwest comer of the intersection between Tower Road and Barefoot ~;,tilliaras
· Road, and Is about ¥, mile southwest of the tntemectlon between Tttrnlamt 'l"mil
and Isle of Capri Road.
B. The curremt zoning is Agricultural (A),
1,$ PHYSICAL DE, SCRIFTION
A. The project is located within the Henderson Creek Watershed. Wa~
for the project is ]~lan.ncd to be a cerebration et' dry detention and t.~ee rcte,?.ion,
B. Elevations on the subject site, prior to the start of construction ac'.".vities,
from elevations 3.5 to 4.5 feet. All of the site is located within Floc~ Zo,ue AS
(elevation $ feet) per F]oocl Insurance Rate Map Panel #615D.
C. This site has previously been used for agricultural uses and is pri;,-.r.;~.y c~..~r~d
of native habitat. Within the last several years the site has also b<:cn ~:~.-'~
commercial excavation site. As n result of thee and other ac',iviti~, ~h¢
pattern for this site has been altered from its origln.n! conditions. Ac,':.crdh~s to
USDA Soils Maps, the following soils am on the site: A.,-zc;! Fi~,~ S~.:',d,
Immokalce Fine Sand, and Cypress Swamp,
1.6 ?RO.IECT DESCRIPTION
Thc proposed project is a multi-phased, residential project with a mLxtum cf stnglc-f~'.mily
~nd multi-family units with n maximum or 786 resldenHal units. Approl::'i-":,:'
facilities may be provided for the use of the residents. Depending on market
churches and/or nursing homes may b~ constructed in lieu or some of the dwelling
Thc exact mix of dwelling unit types will be determined as the project
Residential land uses, recreational uses and signage am designed to be vc,,-y
wi~h one another in a natural setting by using common architecture,
scr¢enins,/burrcring, existing native vegetation, wherever feasible and reasonable.
1.7 ~HORT TITLE
This Ordinance shah be known and cited as Land's End Preserve Pl~nned U~it
Development.
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PRO.IECT DEVELOPMENT REQUIREMENTS
The purpose of this Section is to dellneate and generaBy de,scrib~ the ~mj',,c*, plan cf
development, relationships to applicable County ordinan~s, the re~:~ectiv~ land uses of
the tracts included in the project, as well as other project relationships.
2.2 G~ERAL'
A. Regulations for development of L~nd's End Preserve shall be in accordance w'-'th
the contents of this document, PUD-Plarmed Unit Development Di~rict and ether
applicable sections and parts of the Collier County Land D-,velopment Code in
effect at the time of building permit application. Where thes~ regulations fr, H to
provide developmental sfandards then the provisions of the most slmikr di~rict
in the Collier County Land Development Code shall apply.
B. Unless otherwi,e noted, th~ definitions of all 'tern~ shall be the same as th~
definitions .set forth in the Collier County Land Development Code in effect at the
time of building p~rmit application.
C. All conditions imposed and graphic material presented d~picting ,~e,,~;rictions fo:
the development of Land'$ End Preserve shall become part of the r, gulatlons
which govern the manner in which the PUD site may b~ develo.t~l,
D. Unless specifically waived through any variance or waiver provisions f."~m any
other applicable regulations, the provisions of thos~ r~guIations not otherwise
provided for in this PUD r~main in full force and effect,
E. Development permitted by the approval of this petition will be su~:j¢ct to a
concurrency review under the provisions of the Adequate Public ~acil~tie. s
Division 3.1.:5 of the Collier County Land Development code at tI:~ time or either
Final SDP approval, Final Subdivision Plat approval, or building permi~ iz.v.~ar~c¢
applicable to this development,
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USE~i
A. The general configuration of the land use areas am shown on the PUD Master
Plan (Exhibit "A").
B. Areas iljustrated as lakes by Exhibit "A" shall b¢ constru.cte. d as lakes or, upon
approval, parts thereof may b¢ constn:ctcd asl shallow depre.~c~n= Ecr :,later
detention purposes. Such areas, lakes and dry areas slmll be it. rite gen,.-raI
configuration and shall contain the approximate general acreage as shown by
Exhibit "A". Modification to all areas, lakes or other boundaries shall be
permitted at the time of Preliminary Flat or Site Development Plan approval,
subject to the provisions of Section 2.7.3.5.6 of the Collier County Land
Development Code, permitting allowances or South Rorida Water Mana~e."neP. t
District and other environmental government review agencies or as otherv;is~
permitted by this PUD Document.
C. In addition to the various areas and specific items shown in Exhibit "A', r,~ch
easements as necessary (utility, private, semi-public, etc.) shall be ~|ablished
within or along the various tracts as may be necessary.
2.4 DSCRIPTION OF PROJECT DENSITY OR INTeNSITy OF LAND USF-,5
A maximum of 786 residential dwelling unlts shall be constructed in th,., resid:ntlaI
poriion of the project area. If churches and/or nursing homes are construc:~d, that area
shall be subtracted from the gross project area for the purtxyses of computln~, density and
3 dwelling units per acre of the site shall be subtracted from the permitted number of
dwelling units. The gross project area is 262.9 acres. The gross pro.~cct density,
therefore, will be a maximum of 2.99 units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REOUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat far all or pan
of the PUD if applicable, final plans of related required improvements shall
receive approval of the appropriate Collier County governmental agency to insure
compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land
Development Code, and the platting laws of the State of Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
C. The provisions of Division 3.3, Site Development Plans of the Land D~velepmen,,
Code, unless s~ated otherwise, shall apply to the development of all platted tracts,
or parcels or land as provided In said Division 3.3 prior to th~ issuanc*~ of a
building permit or other development order.
D. Appropriate instruments will be provided at the time of infr~structural
improvements regarding any dedications and method for providing pcrpaual
maintenance of common facilities.
2.6 MODEL UNITS AND SALES I~ACILITIF._~
A. In conjunction with the promotion of the development, residential unils may be
designated as models. Such model units shall be governed by Section 2.5.33 of
the Collier County Land Development Code.
B. Temporary sales trailers/modular offices can be placed on the site after
Preliminary Site Plan approval and prior to the recording of plats subject to the
other requirements of Section 2.6.33.4.1 of the Collier County Land Development
Code.
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C. · Clubhouses/recreation buildings, or portions ~hereof, can be used as temporary
salea offices, subject to the requirements of Sectl.on 2.6.33. of the Collier County
Land Development Code.
D. Models may be permitted as either 'dry models" or 'wet models' wi,.:'~ t:mpo,'ary
utility systems (i.e. well and septic .tank/drain~eld) prior to the availability of
central utility systems.
E. Prior to recorded plats, metes and bounds legal desoril~ions shall be acceptable for
the application and issuance of temporary model units/sales facilities.
F. Temporary access and utility easements may be provided in lieu of the dedicated
right-of-ways for ingress, egress, and utility service to temporary model homes
and sales facilities.
0. Sales, marketing, and admlnis~rative functions for on-site properties are allowcd
as permitted uses wllhin the temporary model homes and sales facilities.
PROVISION FOR OFF-SITE REMO.VAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock piling in preparation of water
management facilities or to otherwise develop water bodies is hereby permitted. Off-site
disposal is also hereby permitted subject to the following conditions:
A. Excavation activities shall comply with the definition of a "Development
Excavation" pursuant to Section 3.5.5.1.3 of the Land Development Code,
whereby off-site removal shall be limited to I0~ of the total volume excavated
but not to exceed 20,000 cubic yards..
B. All other provisions of Division 3.5 Excavation of the Land DeveloFTnent Code
are applicable.
C_.. Upon review and approval of a Commercial Excavation Permit as descr:.'bed in
Division 3.5 of the Collier County Land Development Code, commercial
excavation activities are allowed. This off-site removal shall meet any conditions
placed upon approval of the Commercial Excavation Permit.
SECTION THREE
RESrDENTIAL AREAS
:3.1 PURPOSE
The puqx~e of this section is to identify specific development standards for the
development in the Residential Areas shown on Exhibit "A".
3.2 MAXIMUM DgwrgI, t[,,ING UNITS
The maximum number of residential dweiling units within the PUD shall be 786 untt~.
3.3 USES PERMITTED
No building or structure or part thereof, shall be erected, altere~l or used, or 3and used,
in whole or parT, for other than the following:
A. Principal U~s: I. Single-family dwellings (includes zero lot line, attached nnd ~:na~.aci'~ed
units, but not manufactured hol~slng);
2. Two-family dwellings (includes patio homes and vilias but not
3. Townhouse dwellings;
4. Garden aparTments;
5. Low-rise multi-family dwellings,
6. Churches, subject to the provisions of Section 3.4.(~;
7. Nursing homes, Tract 9, Tract 10, or Tract I provided fro:~tage is on
Barefoot Willtams Road and subject further to Section 2.6.26 of the/.and
DeveIopmcnt Code.;
8. Interim agricultural and related uses up to the time development of
residential dwelling units commences; but no event later than 32/3
9. Any other uses deemed compatible by the Director of Current
B. Accessory Uses:
l. Customary accessory uses and structures including carports, garag,.~s and
utility buildings;
2. Recreational uses and facilities such as swimming pools, tennis courts,
children's playground areas, fishing piers, boat docks, walking paths, picnic
areas, recreation buildings and basketball/shuffle board courTs. Such u.ees
shall be visually and functionally compatible with the adjacent
which have the use of such facilities;
3. Child care facilities subject to Section 2.6.26 of the Land D~'/e',o~'.~.nt
Code;
4. Manager's residences and offices; temporary sales faciliti-~s; and mode;
homes except as otherwise provided;
:5. Essential services; interim and permanent utility and main:en~'.nce facilities;
-6. Water management facilities and lakes;
7. Gatehouse;
8. Any other uses deemed compatible by the Director of Current Planning.
3.4 D~'VELOPMENT STANDARDS
A. Table I sets forth the development standards for land uses with~ ',h'.. La.~d': End
Preserve. Front yard setbacks in Table I shall he measured as follows:
1. If the parcel ts served by a public or private fight-of-way, setbac:< is
measured from the adjacent right-of-way line.
2. If the parcel is served by a non-platted private drive, setl~ck ;s measured
from the back of curb or edge of pavement.
3. If the parcel is served by a platted private drive, setback is meas-.~red rmm
the road easement or property line.
4. When principal buildings front upon a common parking area, which in ,'urn
fronts upon a public or private right-of-way or non-platted drive, a
minimum distance of i0 feet shall separate the principal build~rz.g and any
related parking facility. This shall not prohibit the attac.'m'nen; of enclos~d
parking structures to the principal structure.
5. Church
i. Minimum Lot Size - Three (3) acres
ii. Required Frontage - Barefoot Willlares ROad, Tract R-9, cr Tract
R-10.
iii. Setbacks - Front Yards - Thirty-five (35) feet
Side Yards - Twenty f20) feet
Rear Yards - Thirty-five (35) feet
iv. Landscape Buffers per Section 2.4.7 of the Land Development Code.
':' '. TABLE I
SINGLE FAIVHLy RESIDENTIAL STANDARDS
STANDARDS
SL~OLE FAMILy ~IGLE FAMILy
DETACHED ATTACHED
M[s[mum Lot Area ('m squire f'e~i per un{0 ~,2.~0'
M~imum Lo~ W{dlh**
Fron~ Ylrd .Se~bsck
2(:Y
Si~ Yud ScibacP**
0' or 7.~'
Projcc~ Boundary Scgbecks ~
lY
l. akc Setback ~~-
Rear Yard Sctback Princi~l ~ 20'
-
- Accusory 20'
I0' 10'
Maximum Bui|ding Height (Hc|g~ Abov~ P=fidng) ~
- Accr. ss:~ 3Y
2.0'
Distance i3c[wccn Two Principal Su'uct~-es
N'/A
I~/A
Minimum Floor Area in Squ~m Feet
1,200 1,100
* 6,0C0 S.F. tf Zcro Lo~ LEne
°" May be reduced on cul.-d~-L~cm
W~re dine zcro opdon is ~ dine ruma|nlng sSdc y=rd shall c~sisl of ~,~ run of ~ rw9
TABLE H
OTHER RESIDENTIAL STANDARDS
Minimum Unit Area (in square fce~ per uniO 5,000 4,000
Minimum Lot Width** I00' 150'
r',~ Y~d Setback 2Y
Side Yard SetbaCk I0'
Projccf B~ax!~ Q, Setbacks lO' 20'
Leke Setback 20' 20'
Re~ Yu~ Se~ck - ?rL~ip~| 2~ 2~'
- Accc~ I0' 10'
MixJmtmm Bu{Idini Heigbl (Hellhl Abote hrkini)
- Principal 35'
o Accessory 20' 30'
Distance B~ween Two Pr~ctpal Slructures N/A 20' cr tA the s--Jn
whicJ~v~ is
'lvfinimum Floor Aru in Squ.mr~ Fc~ 1,0O0 ~ l-~d~
800 2-bedraom
i,CX:)O 3 & 4
* Also ro~ any rowsing' home= an~i chtm:hes, Secttoe 3.4.5 for churches shell apply
these s~r~rds tre mere strict
** Mar be reduced on cut-de-ncs
SECTION FOUR
RECREATION AND LAKE AREAS
4.1 PURPOSE
The purpose of this section is to identify specific development standards for the
development in the areas designated as Recreation and Lake Areas on Exhibit "A".
4.2 DEVELOPMENT EMPHASfS
The Recreation and Lake Areas are intended to be set aside for aesthetically pl~sing
green and water are,'~s for active and passive recreation, recreational facilities, v/ater
storage, arid natural habitat areas. Native vegetation and trees will be retaine4 whe,.:ver
practical in the Recreation Areas.
4.3 USES PERMITTED
A. Principal Uses: 1. Open Spaces / Nature Preserves;
2. Pedestrian and bicycle paths or other similar facilities cor. stmcted for
purposes of access to, or passage through, the common areas;,
3. Docks, piers or other such facilities constructed for purposes of lake
recreation for residents of the projects;
4. Shuffleboard courts, racquetball courts, tennis courts, s',virnming p~1.¢,
boardwalks and other types of facilities intended for outdoor
5. Recreation and meetlag clubhouses, gazebos or other similar facilities;
5. Temporary Sales Offices;
7. Water management, essential service facilities and lakes;
8. Interim agriculturnl and related uses but only prior to construction of any
residential dwelling units on project; but no event later than 12/31/95.
9. Any other uses deemed compatible by the Director of Current Planning.
B. Accessory Uses:
I. Utility buildings, enclosures or other structures cons~nwted for Purposes of
maintenance, storage, or recreation with appropriate screening nnd
landscaping;
2. Shuffleboard courts, tennis courts, swimming pools and other types of
similar recreational facilities;
3. Any other uses deemed cornpal ible by the Director of Current Planning.
4.4 DEVELOPMENT REGULATIONS
A. Landsca vina. Overall site design shall be harmonious in terms of
enclosure of structures, location of access streets and parking area.c, m:d the
location and Ireatrnent of buffer areas.
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B. Setbacks. Buildings shall be set back a minimum of ~fteen,(lS') feet from
abutting residential districts and a five (5) foot landscaped buffer shall be p~'/ided
and maintained.
a. Lighting facll[tles shall be arranged in a manner which will protect
roadways and neighboring residential propeni~ from direct glare or other'
interference.
D. Site Development Plan fSDP~. A site development plan raee'.L~g all of th~
Development Regulations shall be submitted for all significant s*a'uctures/r*.c.-~.ation
facilities in accordance with the Collier County Land Development Regula:tor, s
in effect at the time of application. The Development Services Director shall have
the au(hority to allow insignificant structures/recreation faciliti-..s to be reviewed
under building permit application processes.
E. Maximum H~i~ht: 1. Principal Structure - Fifty (:50) feet.
2. Accessory Structure - Twenty-five C2Y) feet.
F. Minimum Site Area: None.
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SECTION FIVE ,
PRESERVE AREAS
3.1 PURPOSE
The purpose of this Section is to identify specific development s~tuderds for the
development in the areas designated as Preserve Areas on Exhibit "A.".
5.2 DEVELOPMENT EMPHASIS
The Preserve Areas are intended to be set aside as an area to presert~ and pro~.ct
vegetation and naturally functioning habitat in its natural state. Addlrion~,,~Iy,
Areas are intended to provide pleaslng green areas for residents, areas for
uses, and areas that will act as buffers between neighbarbS land uses.
5.:3 USES PERMITTED.
A. Principal Uses: I. Open Spaces / Nature Preserves.
2. Water management facilities / areas and essential services.
3. Any other uses deemed compatible l:ry the Director of Current Plan.,fing.
B. Accessory Uses:
1. Boardwalks, pedestrian/bicycle paths, picnic areas, fishing piers, a:'.d
recreational uses not having a significant and negative impact on
env]rortment, and approved by applicable County, State and Federal
regulatory agencies;
2. Wildlife sanctuaries and research facilities;
3. Any other uses deemed compatible by the Director of Current
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S~CTION SIX,
DE~ELOPMZNT COZ~vI"fi'/~E'NTS
; 6. I PURPOSE
The purpose of this Section is to s~t forth the development commitments for the
development of this project.
'. 6.2 aENERAL
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All facilities shall be constructed in s~rlct accordance wiLh Final Site Development P1ans,
Final Subdivision Plats and all applicable State and lo,:al laws, codes, and regulations
' applicable to this PUD. Except where specifically noted or stated otherwise, the standards
and specifications of the Collier County Land Development Code shall ,--pply to
project even if :he ]and within the PUD is not to be platted. The develo,v,~r, ]'ds successor
and assigns shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee shall agree to follow the Master PIL'~ and the
regulations of this PUD as adopted and any other conditions or modifications as may ~
agreed to in the rezoning of the property. In addition, the developer will agr--c :5 ccnvey
to any successor or assignee in title any cornrole'heats within thls agreement.
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6.3 PUD MATER PLAN
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A. Exhibit "A", PUD Master Plan iljustrates the protx~ed developm-.,n: anti is
conceptual in nature. Proposed area, t~ct, lot or land use boundr. rles shal~, not
construed to be final and may be varied at any subeequ.ent approval phase as may
be executed during Final Sulxlivision Plat or Site Development Plan approval.
Amendments may be made to the PUD as provided in Section 2°7.3.5 o.~ ,..he LanJ
Development Code.
B. All necessary easements, dedications, or other instruments shall be ;ranted to
insure the continued operation and maintenance of all service ;:tY, iti-.s and
common areas in the projecl.
6.4 DWELLTNG UNIT DISTRIBUTION
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A. The developer may combine adjoining tracts In order to develop them as a single
development site.
B. The distribution and mixture of dwelling units may be modified as ien~ as the
total number of dwelling units constructed does not exceed ?86
6.5 SCHEDULE OF DEVI~.LOPMENT/MONITORTNO REPORT
.,.c,' f.l 7 245
The project is proposed to be completed in numerous phases and in accordance with time
limits for approved PUD Master Plans, per Section 2.7.3.~$ of the Collier. County
Development Code..
A. The landowners shall proceed according to the following time lh'r.i;s follc:vL'~g
approval of the PUD:
1. Obtain a development order for infrastructure imprevert. cars to i;:clude
utilities, roads and similar improvements required by tl',e approved PUD
Masler Plan for at least 15 percent of the gross land area of ',he PUD s!te
within 5 years of the date of approval by the B¢:.rd cf C.','.:nty
Commissioners; and
2. Receive final local development orders for at least 15 percent cf th-. tot.?.l
number of approved dwelling units within the PUD site w'lth!n 6 years of
the date of approval by the Bodrd of County Commissioners. In the event
this schedule is not achieved the Board may, after wri;t.,:n no:ice ard
hearing:
a. 'Void the PUD approval and initiate proceedings to r-,zone
property to any zoning classification as deemed apt:roF;!ate ~;.'
Board; or
b. Amend any portion of the PUD Master Plan cr izs ~-ss~ei-r, tcd
development conditions.
3. The fee simple owner(s) or their assigns of the land upon which the PUD
site exists may petition the Board of County Commissioners to extend
expiration dates as identified in this Section.
B. Monitorimz Revorl: An annual monitoring report shall be submitled parsnan: to
Section 2.7.3.6 of the Collier County Land Development Code.
6.6 SIGNS
All signs will be in accordance with Division 2.5 of the Collier County Land
Development Code except in tile following instances:
A. Two ground signs fronling Barefoot W'illiams Road, one north and on~ south cf
the main project entrance, shall be allowed in addition to other s! .3.qage allo:ved
by Division 2.5, of the Land Development Code..F. ach of these permltled signs
shal{ be limhcd lo 120 square feel in area; supplemented wi:h ~igni~cant
landscaping; contain only the main project name and insignia or mo',to of ~he
entire deve{opment; and be architecturally compatible with the landscap-..d buffer
along Barefool Willtams Road and the common architectural theme of the entire
project,'
B. Two ground or wall entrance signs are allowed to be placed withln the ~rojcct
boundaries at the main entrance and shall be limited in size to 120 square feet
each and not exceed a height of 6 feet. These signs shall only contain the rr.P. in
project name and insignia or motto of the entire development, be slr.~ilar it, nature
to the ground signs allowed along Barefoot Willtams Road and shall po:lray
common architectural theme of the entire project.
..r ..... ;....
C. Two ground or wall entrance signs are allowed at the entrance to each residential
tract shown in Exhibit "A" and shall b¢ limited in siz~ to 60 square feet each and
shall not exeee. A a height of S feet. These signs shall not conta~ more t~an
project name of the individual tract, the main project name, and the i:',s!.'gnia or
motto.
.' 6,'/ lANDSCAPING
: A. Around the perimeter of the PUD, buffering and greeninS shalI b-, governed by
Section :2.4.'/of the Land Development Code except where the PUD abuts the
Rookery Bay Reserve or other conservation/natural habitat areas, wham buffering
or u:reening shall not b¢ required. Perimeter buffering shall be installed
concurt'early with the development of abutting tracts.
B. Around the perimeter of single-family or two-J'amily projects except at the
perimeter of Ihe PUD, buffering and rcreening are only required where these
projects abut more intensive land uses, including but not limited to: rigF, t-of-ways;
active recreation facilities; townhouses, garden apartments, mul:i-family dwelling
units, churches, and nursing homes. Where buffering and screenLag are required:
a I0 foot wide buffer, with trees spaced no more than 30 foot en .',er. ter and
least a :2.5 foot tail hedge shall bt planted and maintained.
C. Around the perimeter of projects with town houses, garden apar, men:s, multi-
family dwelling units, churches, and nursing homes except at the ;x~rirne:er of the
PUD, a I0 foot wide buffer, with trees spaced no mort than 30 f'oet on cer, ter and
at least a :l.5 foot tall hedge shall b~ planted and maintained. This buffer and
screening shall not be required if a buffer and screening has aIready been provided
on the adjoining residential property or where the project abuts natural habitat
areas or areas used for passive recreation.
, D. Around the perimeter of the Recreation Area except at the perim-'.:er eft::,- PUD,
no buffer is required except where the land usa in the Reereatlon Area is of
intensity that the Development Services Director determln~ :~at a Buffer
required to protect nearby Residential Areas. If a buffer is recl'.:ired it shall 1:¢ a
10 foot wide buffer, with trees spaced no mort than 30 foot on center and at ler..¢t
a :2..~ foot tall hedge shall be: planted and maintained.
E. All other landgaping requirements shall lz as set fcxlh in Section :2.4.7 of the
Land Development
6.8 OFF-,STREET PARKING AND LOADINCl
As required by the Coillet County Land Development Code in ~ffee, t at tha time
building permit applicatlon,
6.9 POLLING PLA¢F4
If requested, room shall be provided within common arm for the purtxy',,e of permitting
residents within the PUD to vote during all elections, per Section 2.6.30 of the Collie
County Land Development Code. The number and location of needed ro~,-r.s shall be
determined by the Collier County Supervisor of Elections.
6.10 ~NGINEERrNG
A. Design and construction of all improvements shall be subject to compliance with
appropriate pwvlsions of the Collier County Land Development Code,
3.2.
B. This project shall be required to meet all County Ordinance4 in effect zt the t:ane
final conslructlon documents are submitted for development approval.
6.11
A. Water distribution, sewage collection and transrrdssion and interL.'n water and/or
sewage treatment facilities to serve the .pwject are to be designed, co."~'?:~ed,
conveyed, owned and maintained in accordance w~th Collier Covnty Ordinance
No. 88-76, as amended, and other applicable County rules and regulations.
B. A hydraulically-sized water main shall be extended down Barefoot Wi111ams Road
and looped to S.R. 951 via Tower Road.
C. The sewage force main from this project shall be tied into S.R. 951 v.:a Tower
Road.
6,12 WATER MANAGEMENT
A. If alewatering is deemed necessary by the blasting contractor, then cells ~.~ g-eater
than one acre in area may be alewatered to the top of the caprock (about ~' BLS)
and blasted one cell at a time. Dewntering for the lake excavation shall no~. occur,
removal of the material shall be performed under wet conditions.
All necessary permits for alewatering shall be obtained fwm the, South Florida
Water Management DisZrict (SFWMD) prior to commencement of excavation.
Ground water pumped during alewatering shall be retained on-site for recharge
purposes. Under no drcumstance shall any off-site pumping occur.
B. A groundwater monitoring plan that addresses water quality concerns oi' the ;Vah:r
Table and Lower Tamiami Aquifer shall be submitted with s'~c!fic paramete,"s,
monitoring schedules, proposed allowable variations, and contingency plan
variables excecd their allowable limits. This plan shall be reviewed and approved
by Colllcr County hydrogeologists prior to excavation permit issuanc,',.
1, A minimum ten inch (I0") water main (with eli ,Code re, cl'.~ired
appurtenances including a line size tee and gate valve at GrifFin Road)
shall be extended down the west side of Barefoot Williams Road to the
north property line of the subject property, 'l'~is llne shall receive
Preliminary Acceptance by the Board of County Commi.~$'~oners (BCC)
and placed in service prior to blasting and/or alewatering.
2. A cash deposit, C. ertifieate of Deposit assigned to the I~CC, er an
Irrevocable Standby Letter of Credit approved by the County Attcrr. e7
the amount of eighty thousand dollars ($80,000.00) shall be prov".c~ed for
security against the possibility of salt water intrusion ~d the
corresponding adverse impacts to the adjacent proper~y owners. ~s
estimate is based on approximately two thousand seven hundred and fifty
lineal feet (2,7500 of eight inch (8') water main with appu~-.,.,'.anees and
includes a contingency and an interim water supply during constvaetlon
(via tmek).
3. Two (2) observation wells on-site shall be sampled monthly for dissolved
chlorides and monitored for standard field parameters for a
twelve (12) month period with a copy of the results provided to Project
Plan Review. This provision shall be incorporated ;_nto fl',e gro~ndv,'at~
monitoring plan required by the exeavatlon permit.
4. As a basis for determining when and if the water maL'x ex.'.ensicn at.~ng
Griffin Road will be required, the above referenced monitoring repo.-: will
be used to establish background chloride levels in the Water 'Fable Aquifer
with consideration to seasonal fluctuations. (During excavation,
monitoring wells shall be sampled on a weekly basls.)
5. ff dissolved chlorides exceed the peak background level (0f t,~.e respeetiv-~
month) by 20% or more for a period of two (2) consecutive months, the
water main extension down Griffin Road will be retluixed to ~,e ins:al:ed
by the developer with a supply of interim potable and in'iga:ion water
made available to all residences along Griffin Road.
6. After lake excavation activities are completed, monltofing of the
observation wells shall eontlnue for a .period of twelve (12) months
following the completion of the excavation activities and acceptance by
Compliance Services. The security shall also remain in place until such
time.
D. Prior to Preliminary Subdivision Plat approval, written eonf'm'nation from the
Collier County Water Management Department shall be provided to Project Plan
Review verifying that the water management system is in compliance with the
District 6 plans.
E. Due to the void status of the previous excavation permit for this pro~rty, a new
excavation permit will be required in accordance with Division 3.5 of the Collier
County Land Development Code.
t,
1a. .A copy of the South Florida Water Management District (SF'h'MD) permlr, s.~.a!l
be provided prior to excavation permit issuance.
6.13 ENVIRQNMENTA~
A. All jurisdictional weftands and/or-mitigation areas shah be ~i~ated as
conservation/preservation tracts or easements on all construer'on
be recorded on the plat with protective covenants per or similar to S".c:ion
of the Florida Statutes.
In the ~vcnt the project does not require platting, all jurisdictional wet]zr. ds and/or
mitigation areas shall be recorded as conservation/preservation tracts or easere. eats
dedicated to an approved entity or to Collier County with no re~onsi5ility for
maintenance and subje:t to the uses and limitations similar :o or per ~orida
Statues Section 704.06. The tracts or easements shall be indicated on
site plans noting Official Record Book and Page of the publio records.
Preservation areas may be donated to the Rookery Bay Aquatic Pres:rve if agreed
upon by the developer and Rookery Bay Management.
B. All proposed mitigation for wet]and impacts to C. oilier County j~:risd~ctionai
wet]ands shall comply with Appendix 7 of the South Florida Water Managemez',t
District rules and be subject to review and approval by Community 13evelopmen:
Environmental Review Staff.
C. An exotic vegetation removal, monitoring, and maintdnance (exotic-free) plan for
the site, with emphasis on the conservatlon/prescrvation areas, shall be submitted
to the Community Development Environmenta! Review Staff for revi:w and
approval prior to Final Site Development Plan/construction p]an
D. Prior to any site alteration, including vcgetatlon removal, or finn3 developre:at
order approval, the exact location or the Bald Eagle nest shall be field verified by
the developer and the developer shall comply with the rccommendaticns and
guidelines of the Florida Game and Fresh Water Fish Commission (FGF~,VFC) and
United States Fish and Wildlife Service (USFWS) regarding the mar. a~em,z.n: and
protection of the Bald Eagles associated with Henderson Creek Nest No. C0-03.
6.14 TRANSPORTATIQN
A. The developer shall construct a sidewalk along the western side of Barefoot
Williams Road that fronts the subject propeny at such th-ne that this road segment
is upgraded.
B. The developer shall submit evidence that best efforts are being made to divert
traffic from the private portion of Barefoot Williams Road. '
IS
D. The project's entrance at the intersection of Barefoot Williams Road and Tow-.r
Road shall be aligned in a geometric manner ,that allows southbound large-sized
vehicles on Barefoot Willlama Road to safely and adequately mal:e a Hght-mm
into the project.
E. There will be no off-site hauling of earth mining materials.
1:;. This project shall provide a "fair-share" toward the signalization cosls or the
intersections between U.S. 41 and Barefoot Willtams Road, and To,,~"..r ?.cad and
S.R. 951, when any of these intersections ar~ deemed warranted for a :raffle
signal. Signal warrants shall be determined by Collier County. Such traffic
signals shall be owned, operated and maintained by Collier County.
O. Building permits will not be issued for residential dwelling units ha~'inll equi-,,alenl
Average Daily Traffic movements (ADT) in excess of 900 ADT ('based upon the
latest edition of the Institute of Traffice Engineers Trio Clene.,~ricn~, unlezs
improvements have been made to Tower Road, B;irefoot Williarr~s Ro~d and Price
Street to the extent that their traffiG capacities, based upon an analysis of capacity
constraints, have been improved. For said additional dwellin~ units over :nose
having an equivalency of 900 ADT, the traf~G study shall indicate the level of
additional traffic movements that can be made on each road se.-rmen: ':asccl upon
the level of improvement made to that segment and based upon an z. ccer. tablc
distribution of traffic movements to the said segments as determined ~,y Coillet
County Transportation Administration Staff.
f]67 ,, 251
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. 94-43
which was adopted by the Board of County Commissioners on
the lSth day of September, 1994, during Regular Sesslon.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 19th
day of Sep'tember, 1994.
· . .. \.3 . ,~:
.. .
DWIGHT E. BROcT( "-
clerk of courts and' cfi~'k -'~
Ex-officto to BOard
County Commtsstoner~
w~..~/-'~"';."/.';'~
. .:-.:..., ,.