Ordinance 90-039 ORDINANCE 90- 39
ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE
IPREHENSIVE ZONING REGULATIONS FOR TIlE ~.,
INCORPORATED AREA OF COLLIER COUNTY, FLORIDA C~.
~ AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBER 48-26; BY CHANGING THE ZONING ¥~ h
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM A-2 TO "PUD" PLANNED UNIT
DEVELOPMENT TO BE KNOWN AS RICHLAND PUD, FOR A m
DEVELOPMENT OF SINGLE AND MULTI-FAMILY ~
RESIDENTIAL AND ACTIVITY CENTER RELATED LAND -~
i% USES, LOCATED AT THE SOUTHWEST CORNER OF
NAPLES-IMMOKALEE ROAD (CR-846) AND COUNTY ROAD
· 951 IN
~ G--RAN'E LOCATED SECTION 27, TOWNSHIP 48 SOUTH,
26 EAST, COLLIER COUNTY, FLORIDA,
,CONSISTING OF 150 ACRES; AND BY PROVIDING AN
EFFECTIVE DATE.
, John Barber, of Agnoli, Barber and Brundage, Inc.,
representing George Werner, petitioned the Board of County
Commissioners to change the zoning classification of the herein
described real property;
· }{OW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
:
Of Collier County, Florida:
The Zonin~ Classification of the herein described reel property
located in Section 27, Township 48 South, Range 26 East , Collier
County, Flo~a, is changed from A-2 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 Number 48-26, as described in Ordinance
Number 82-2, 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 Stats.
DATE: Ma~/ 22,, 1990 BOARD OF COUNTY COMMISSIONERS
· '~'3~dJ ~'." . COLLIER COUNTY, FLORIDA
AT~EST: '~ '
BY:
c. GILES,
.
'~' ~--' The cx, dlnonce filed with
~'" ' "'"' * .SlCl'lfm"y Of'/T, fotl'l Officl_~l ,
/ED AS 'TO FORM AND LEGAL SUFFICIENCY /~T._,t~ef~'~ /6
/,~....
~ ~./~.-~c.~' /~ x'i / ' ,
MARJ0~IE M. STUDENT · ' ~"~4,.~,~_~_.. ~
ASSISTANT COUNTY ATTORNEY -'--"~
PUD ORDINANCE
nb/2466 '
,oo< 3'90
RICHLAI~D
A PLA/~NED UNIT DEVELOPMENT
George ~erner
PUD Documentation
Prepared By:
Agnoli, Barber and Brundage, Inc.
?400 Tamiami Trail North
Naples, Florida 33963
MAY 1990
DATE FILED: December 21, 1989
DATE REVISED: May 7, 1990
DATE REVIEWED BY CCPC: May 3, 1990
DATE APPROVED BY BCC: May 22, 1990
ORDINANCE NUMBER: 90-39
Naples, F~ 33963
?ABLE O~ CONTENTS '~
List of Exhibits and Tables ii L
Section I 1
Property Ownership and Description
Statement of Compliance
Project Development ,~,:
section III 8
Single Family Residential Development
Area Plan
Section IV 10 ~
Multi-Family Cjustered Residential
Development Area Plan
Section V: 12
Multi-Family Mid-Rise Residential ~'~,
'Development Area Plan
Section VI 14
Retail Development Area
Section VIZ X7 '~
Preserve Areas
Section VIII 18
Development Commitments .!
12-734Y. DOC
i
EXHIBIT ]% Location Map
EXHIBIT B PUD Master Plan
EXHIBIT C Activity Center Land Use
TABLE I Development Standards
TABLE II Estimated Absorption Schedule
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1 · 1 PURPOSE
The purpose of this Section is to set forth the location and
ownership of the property, and to describe the existing
conditions of the property proposed to be developed under
the project name of Richland.
1.2 LEGAL DESCRIPTION
The subject property being 150 ac~es, is described as:
The northeast 1/4 of Section 27, Township 48 South, Range 26
East, less the East and North 100 feet for purposes of road
right-of-way, located in Collier County, Florida.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of
George H. Werner and George W. Will, 2500 Tamiami Trail
North, Suite 230G, Naples, Florida 33940.
1.4 GENERAL DESCRIPTIONS OF THE PROPERTY
A. The subject property is the northeast corner of Section
27, Township 48 South, Range 26 East. It is generally
located at the southwest corner of Immokalee Road and
County Road 951.
B. The zoning classification of the subject property prior
to the date of this approved PUD document was
Agriculture "A-2".
1.5 PHYSICAL D~SCRIPTION
The sites vegetation includes pine flatwoods, saw palmetto,
slash pines and sabal palm. It also contains areas of
cypress, fern and sawgrass. Soils on the site are Immokalee
fine sand and Arzell fine sand. A small area of pompano fine
sand is located in the southeast corner of the site.
i~- . 12-734Y. DOC
-'" 03'8 3'95
The surrounding area is generally undeveloped and the
adjacent property directly to the west is agricultural
lands.
Elevations in the area range from 13-15 feet according to
U.S.G.S. quadrangle maps. The site is outside of the flood
area and requires development to be sited 18 inches above
the crown of the road according to flood insurance rate
maps.
1.6 PROJECT DESCRIPTION ~.~
The project is a 150 acre mixed residential/commercial
development. It consists of approximately 130 gross acres of
residential development with 20 acres of commercial
development. The project preserves 16.4 acres as well as
incorporating lakes and open space. It is within an
activity center in which both commercial and residential
development are planned.
1.7 STATEMENT OF COMPLIANCE WITH THE GROWTH MANAGEMENT PLAN
The devel6pment of Richland as a Planned Unit Development is
in compliance with the planning goals and objectives of
Collier County's Growth Management Plan and complies with
pertinent implementing ordinances. The project can be
measured for compliance with goals and objectives of the
plan as evaluated in the review process. Compliance with
specific parts of the plan includes the following:
Future Land Use Element
The plan will comply with the goal requiring well planned
and compatible land uses and objectives which establish
density levels which are designated in the plan. The
proposed project furthers these standards including the use
of creative PDD design. Compliance with mixed use and
compatibility standards for activity centers as established
in the futuru land use element. The residential and
commercial density are within permitted levels as
established by the density rating system, and activity
center sub-district of the Future Land Use Element.
Conservation and Coastal Management Element
Compliance with Goal 6 and associated objectives and
policies related to preservation of naturally functioning
wetlands and preservation of natural habitat in project
~:2~' '12-734Y · DOC
,oo 038
design. Preserve areas include both wetland vegetation and
upland wildlife habitat. Compliance with Goal 7,
conservation of wildlife.
Public Facilities Element
Compliance with the goals of protection of public health,
safety and welfare and associated objectives by providing
adequate water and sewer facilities and compliance with the
drainage goal for protection from flooding by water
management design. Compliance with level of service
standards for the design of public facilities.
Recreation Element
Compliance through the provision of open space preserves.
Traffic Circulation Element
Compliance with adopted level of service standards and
objectives and policies related to impact mitigation by
agreements regarding access, traffic improvements, and level
of service and concurrency standards.
This Ordinance shall be known and cited as the Richland
Planned Unit Development Ordinance.
3
12-7 3 4 Y. DOC ,: j
:' ff3'8 397
:' ' I~OOK P,V,L
SECTION II
PROJECT DEVELOPMENT
2. i PURPOSE
The purpose of this Section is to delineate and generally
describe the project plan of development, the respective
land uses of the tracts included in the project, as well as
the project criteria for Richland.
2.2 ~
A. Regulations for development of Richland shall be in
accordance with the contents of this document, PUD -
Planned Unit Development District and other applicable
sections and parts of the Collier County Zoning
Ordinance in effect at the time of building permit
application.
B. Unless otherwise noted within this document, the
definitions of all terms shall be the same as the
definitions set forth in Collier County Zoning
Ordinance in effect at the time of building permit
application. ':'
C. Ail conditions imposed and all graphic material
presented depicting restrictions for the development of
Richland shall become part of the regulations which
govern the manner in which the PUD site may be
dQvQloped.
2.3 PROJECT PLAN AND LAND USE TRACTS
A. The project Master Plan, including layout of streets
and land uss of the various tracts, is iljustrated
graphically on Exhibit "B", PUD Master Development
Plan. There shall be five (5) land use tracts and
street right-of-ways, preserve areas and water
management systems. Out parcels shall be permitted
within commercial tract "E" subject to approval in
Subdivision Master Plan process, construction plans and
plat pursuant to the County Subdivision Regulations.
The tracts and associated land uses and acreagm ar~ a~
£ollow~:
12-734Y. DOC .
.
0'38
T.YR~ Tract Acreaae
~.,Medium Density Residential "A" 10.5
(and preserve)
Medium Density Residential "B" 27.9
(and lake)
~Low Density Residential "C" 65.2
(and lake and preserve) '
.~ ' Medium Density Residential "D" 23 3
(and preserve)
~,.... (and preserve) ..
TOTAL l§O acres .~!
'~:- B. In addition to the various areas and specific items
shown in Exhibit "B", such easements as necessary
(utility, private, semi-public, etc.) shall be .
established within or along the various tracts as may
be necessary.
2.4 ~XIMUM PROJECT DENSITY
A maximum of 650 dwelling units will be permitted. A maximum
of 150,000 square feet of retail commercial development will
be permitted. .
2.5 PROJECT PLAN APPROVAL REQUIREMENTS
Prior to the recording of the Record Plat, when required by
the Subdivision Regulations Ordinance, final plans of the
required improvements shall receive the approval of all
appropriate Collier County governmental agencies to insure
compliance with the PUD Master Plan, the County Subdivision
Regulations and the platting laws of the State of Florida.
Exhibit "B", PUD Master Plan, constitutes the required PUD
Development Plan. Subsequent to PUD approval, Preliminary
and Final Site Development Plans shall be submitted for each
platted tract or platted parcel within the development. All
division of property shall be in compliance with the
Subdivision Master Plan Regulations.
5
12-734Y.DOC
The provisions of Section 10.5 (site development plans) of
the Zoning Ordinance shall apply to the development of all
tracts, or parcels of land as provided in said Section 10.5
prior to the issuance of a building permit or other
development order.
No more than three "Dry Models" may be constructed prior to
recording of a plat for the project if applied for by the
project owner. Site(s) for the model(s) must conform to
zoning standards and be located on a future platted lot. A
m~tss and bound~ legal description shall bQ provided on the
sits plan required as part of the building permit issuance.
Access shall be provided to each model from the model
serving as a "Sales Center" or: an approved independent
"Sales Center". Access shall be for pedestrian traffic only,
no paved road will be allowed.
A "Sales Center" may be constructed prior to recording of a
plat. The "Sales Center" shall be limited to one structure
(one building permit.) It may be serviced by .a temporary
utility system (i.e. dry well and septic tank/drainfield)
prior to availability of central utility systems at which
time connection to the central system will be m4de. Interim
fire protection facilities in accordance with NFPA
requirements are required unless a permanent water system is
available to serve the Center.
Review and approval of the "Sales Center" shall follow the
requirements of tho Site Development Plan process (Zoning
Ordinance Section 10.5). A metes and bounds legal
description shall be provided as part of the application.
Access to the "Sales Center" shall b~ provided by a paved
road or temporary driveway which meets County standards. A
water management plan must be provided which accommodates
the run-off from the "Sales Center", the required parking
and access road/driveway and any other impervious surfaces.
The system shall be designed to fit in with the master water
management system for the entire development.
At the time of building permit application for a "Sales
Center" a temporary use permit shall be obtained. "Sales
Centers" may not be occupied until a Certificate of
Occupancy is issued. Models must obtain a conditional
Certificate of Occupancy for model purposes only. Models may
not be occupied until a permanent Certificate of Occupancy
is issued.
12-734Y. DOC :iii'
~ '~"~ 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PIAN
i/' Amendments may be made to the PUD Master Plan by
administrative action of .the Manager of the Planning
~i Services Section of the Community Development Division when
the changes or modifications do not substantially change the
density or intensity of land uses, and do not increase the
number of permitted units and do not result in a significant
impact on public facilities which would result in additional
~ mitigation measures than those provided; or the change would
result in incompatible land uses or increase impacts on
adjacent lands.
Administrative changes may be approved provided they are
consistent with Section 7.27j of the Zoning Ordinance and do
not~
~ 1) Increase the number of structures; the number of
dwelling units; or densities as specified by the
~.adopted master plan.
2) Change any perimeter boundary of the planned unit
development.
~-' 3) Rearrange any lot, block, building tract, or common
open space or common facility as shown on the adopted
~. mastar plan.
4) Change any use as shown on the adopted master plan.
!.' 5) Change location or amounts of land devoted to specified
· ~ land uses on the adopted master plan.
Changes 1) through 5) above shall be considered major
changes to the Master Plan and shall require the same
procedure as for actual PUD zoning before they can be
approved.
SECTION III
i?il SINGLE F;kMILY DETACHED RESIDENTIAL DEVELOPHENT
~: " 3.1 PURPOSE
~;' The purpose of this section is to identify specific
development standards for areas designated on Exhibit "B" as
Tract "C" low density residential single family development.
:il,. 3.2 MAXIMTJM DWELLING UNITS
i~.i' The maximum number of single family detached dwelling units
i~." within the tract shall be as follows:
Tract "C" = 130
3.3 USES'PERMITTED
No building or structure, or part thereof shall be erected,
altered or used, or lands used, in whole or part, for other
than the following:
,'~. A. Principal Uses
1. Single family detached dwellings.
2. Water management facilities and lakes.
3. Utility and maintenance storage facilities.
4. Any other use which is comparable in nature with
~ the forgoing uses which the Manager of Planning
Services determines to be compatible in this
district.
' B. Accessory U~es
1. Customary accessory uses including private
garages/and covered garages.
2. Signs.
3. Individual swimming pools.
12-734Y. DOC
4. Neighborhood recreational facilities including but
not limited to pools, cabanas, tennis courts and
restrooms. Any other use which the Zoning
Director determines to be compatible may be
permitted.
DEVELOPMENT STANDARDS
A. General: All yards and setbacks shall be in relation to
individual parcel or lot boundaries.
B. ~inimum Lot Area: 7,500 square feet.
C. Minimum Lot Width: 65 feet. Pie shaped lots may be
permitted provided they are 65 feet in width at the
center point of the length of. the lot.
D. Minimum Lot DeDth: 90 feet.
E. _ Minimum Yards:
Fro. nt yard: 20 feet
Side yard: 7.5 feet for one story
10 feet for two story
Re.ar yard: 20 feet *
F. Minimum Floor Areas: 1,000 square feet.
G. Landscaping and Off-Street Parking and Loading
Bequir.e.~ents: As required by Collier County Zoning
Ordinance in effect at the time of building permit
application.
H. ~a~imum Height:
1. Principal structure - two stories, 40 feet as
measured above parking.
2. Accessory structure - one story, 15 feet.
For purposes of development setbacks, lots with double road
frontage on a cul-de-sac and a second road, the cul-de-sac
will be considered the front yard, the second road a rear
yard.
12-734Y. DOC
SECTION IV
MULTI-FAMILY RESIDENTIAL CjustERED DEVELOPMENT
The purpose of this section is to identify specific
development standards for areas designated on Exhibit "B" as
Tract "A", "B", and "D" medium density multi-family
residential development.
4.2 MAXIMUM DWELLING UNITS
The maximum number of multi-family residential dwelling
units within the PUD shall be as f%llows:
Tracts "A", "B" and "D" = 520 units
,
4.3 USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used, or lands used, in whole or part, for other
than the following:
A. Principa~ Uses
1. Duplexes, villas, townhouses, patio homes or any
other comparable cjustered type housing.
2. Multiple family dwelling units.
3. Water management, facilities and lakes.
4. Utility and maintenance storage facilities.
5. Any other use which is comparable in nature with
the foregoing uses which the Manager of Planning
Services determines to be compatible in this
district.
B. Accessory Uses
1.Customary accessory uses including private, garages
and covered parking areas.
2. Signs.
12-734¥.DOC
3. Sales, administrative, construction offices and
model units shall be permitted in conjunction with
the promotion of the development prior to
platting. The model units can be converted to
residences. All units are subject to the standards
in Section 2.6 of this document.
4 Neighborhood recreational facilities including but
not limited to pools, cabanas, tennis courts and
restrooms. Any other use which the Zoning
Director determines to be compatible may be
permitted.
4.4 DEVELOPMENT STANDarDS
A. General: All yards and setbacks shall be in relation to
individual parcel or lot line boundaries.
B. Minimum Lot Area; i acre.
C. Minimum Yards for Principal Structures:
Front yard: 10 feet
Side yard: 0 or 10 feet
Rear yard: 10 feet
Distance between principal structures: ~ne half (1/2)
the sum of the heights of the buildings adjacent to one
another.
D. Minimum Floor Area; 750 square feet.
E. LandscaDina and Off-Street Parkinq and Loadin~
~auirements: As required by Collier County Zoning
Ordinance in effect at the time of building permit
applications.
F. Maximum HeiGht: 3 stories, 40 feet as measured above
one level of parking. For the first row of multi-family
units which abut single family units, the height of the
multi-family units will be limited to two stories.
12-734Y. DOC
'~" ' SECTION V
MULTI-FAMILY MID-RISE RESIDENTIAL DEVELOPMENT
i.~ The purpose of this section is to identify specific
development standards for areas designated on Exhibit "B" as
""',, · Tract "A", "B", and "D" medium to high density residential
il,., developman~.
',. 5.2 MAXIMUM DWELLING UNITS
The maximum number of multi-family: dwelling units within the
PUD shall be as follows:
Tracts "A", "B", and "D" m 520 units
5.3 USES PERMITTED
No building or structure, or part thereof, shall be erected,
altered or used, or lands used, in whole or part, for other
than the following:
A. PrtnolDal
1. Apartments.
2. Condominiums.
I~.,::?"?'~:' 3. Nursing, rest homes.and adult congregate living
<: facilities.
4. Water management facilities and lakes.
5. Utility and maintenance storage facilities.
6. Any other use which is comparable in nature with
the foregoing uses which the Manager of Planning
Services determines to be compatible in this
district.
?.'. ' B. ~ccessory Uses
1. customary accessory uses including privat~ garages
'~ and covered parking areas.
c.. 2. Signs.
12-734Y.DOC
3. Sales, administrative, construction offices and
model units shall be permitted in conjunction with
the promotion of the development prior to
platting. The model units can be converted to
residences. All units are subject to the standards
in Section 2.6 of this document.
4. Neighborhood recreational facilities including but
not limited to pools, cabanas, tennis courts and
restrooms. Any other use which the Zoning
Director determines to be compatible may be
permitted.
5.4 DEVELOPMENT STANDARDS
A. ~ All yards and setbacks shall be in relation to
individual parcel or lot boundaries.
B. ..Minimum Lot Area: 1 acre.
C. Minimum Yards for Principal StruG~re~;
Front yard: 25 feet
Side yard: 30 feet or (1/2) of building height
which ovor is groator
Rear yard: 25 feet
Distance between principal structures: One half (1/2)
the sum of the heights of the buildings adjacent to one
another.
D. Minimum Floor Area:_ 750 square feet.
E. Landscaping and Off-Street Parking and Loadin~
ReGuirements: As required by Collier County Zoning
Ordinance in effect at the time of building permit
applications.
F. Maximum HeiGht:
(1) Principal structure: 60 feet as measured above
one level of parking
(2) Accessory structure: 15 feet as measured above
parking
For the first row of multi-family units which abut
single family units, the height of the multi-family
units will be limited to two stories
12-734Y.DOC
038 407
SECTION VI
COMMUNITY COMMERCIAL DEVELOPMENT
The purpose of this section is to identify specific
development standards set forth for the area designated on
Exhibit "B" as Tract "E" for commercial development.
6.2 MAXIMUM DENSITY
The maximum gross leasable area for commercial development
will be 150,000 square feet. The maximum acreage for
commercial development will be 20 acres.
6.3 PERMITTED U$~S
No building of structure, or part thereof, shall be erected,
altered or used, or lands used, in whole or part, for other
than tbs following:
1. Antique shops, appliance stores; art studios; art
supply shops; automobile parts stores; automobile
service stations without repair.
2. Bakery shops; banks and financial institutions; barber
and beauty shops; bath supply stores; bicycle sales and
services; blueprint shops; book stores; business
machine service.
3. Carpet and floor covering sales - which may include
storagm and installation; car wash; churches and places
of worship; clothing stores; cocktail lounges;
commercial recreation uses - indoor; confectionery and
candy stores, child care centers.
4. Delicatessens; department stores; drug stores; dry
cleaning shops; dry goods stores; and drapery shops;
drive-in theatres.
5. Electrical supply stores and equipment rentals.
6. Fish market - retail only; florist shops; fraternal and
social clubs; furniture stores.
12-734Y. DOC
7. Garden supply stores - outside display in side and rear
yards; gift shops; glass and mirror sales; gourmet
shops.
8. Hardware stores; health food stores; hobby supply
stores; hotels/motels.
9. Ice cream stores; and interior decorating show rooms.
10. Jewelry stores.
11. Laundries - self service only; leather goods; liquor
stores; locksmiths.
12. Markets - food and meat; medical offices and clinics;
millinery shops; mortgage brokers; museums; music
stores; motion picture theatres; minor automobile
repair work.
13. New car dealerships, with outside display; night clubs.
14. office - (retail or professional); office supply
stores; offices and studios for television stations;
outdoor boat sales.
15. Paint and wallpaper stores; parking garages and lots;
pet shops; pet supply shops; photographic equipment
stores; post offices; printing, publishing and
mimeograph services; private clubs.
16. Radio and television sales and services; repair shops -
radio, T.V., small appliances and shoes; real estate
offices; restaurants - including drive-in or fast food
restaurants; retail sales of propane gas.
17. Shoe stores; shoe repair; shopping centers; souvenir
stores; stationery stores; supermarkets
18. Tailor shops; tobacco shops; toy shops; tropical fish
stores.
19. Upholstery shops; used car lots.
20. Variety ~hop~; vQterinarian officQs and clinics - no
outside kennels.
21. Watch and precision instrument repair shops;
wholesaling; warehousing and distribution of permitted
uses. ,,
22. Any other use which is comparable in nature with the
foregoing uses and which the Manager of Planning
Services determines to be compatible in the district.
, 6.4 ACCESSORY USES AND STRUCTURES
1. Accessory uses and structures customarily associated
:'..' with the uses permitted in this district.
~ 2. Signs as permitted by the Collier County Zoning
Ordinance in effect at the time permits are requested.
3. Sales, administrative and construction offices shall be
permitted in conjunction with promotion of the
development prior to platting': Ail units are subject to
i~ the standards in Section 2.6 of this document.
6.5 DEVELOPMENT STANDARDS
A. General: All criteria below shall be understood to be
in relation to respective tract boundary lines or
between buildings.
B. Minimum Lot Area: One (1) acre.
C. Minimum Yards:
Front yard: 25 feet
Side yard: 0 or 10 feet
Rear yard: 20 feet
Distance between principal structures = 10 feet
D. Minimum Floor Area:
Principal structure: 750 square feet per building on
ground floor.
E. Landscaping and off-street Parking~ Permitted as
required by Collier County Zoning Ordinance in effect
at the time of permitting.
F. Maximum Height: 50 feet
~'7 G. Ail storage and utility areas shall be screened from
view of customers and adjacent properties.
12-734¥.D0C
SECTION VII
PRESERVE AREAS
PURPOSE
The purpose of this section is to preserve and protect
vegetation in its natural state. It is designated as
preserve area on Exhibit "B", PUD Master Plan map.
PERMITTED USES
No building or structure or part thereof, shall be erected
altered or used in whole or. in part, for other than the
following:
Principal Uses
1. .-Green space/nature preserves.
2. Passive recreation: hiking trails, boardwalks and
overlooks.
3. Wildlife preserve areas.
17
12-7 3 4Y . DOC
DEVELOPMENT COMMITMENTS
pURPOSE
The purpose of this Section is to set forth the general
commitments for development of the project.
"'%' All facilities shall be constructed in accordance with final
site development plans, final subdivision plans and all
applicable state and local laws, codes and master plan
~ regulations except where specifically noted. The developer
will agree to convey to any successor or assignee in title
?' any commitments within this agreement.
8.3 ~UD MASTER PLAN
A. Exhibit "B" PUD Master Plan iljustrates the proposed
~.:.. development and is conceptual in nature. Proposed
internal road network, lakes, outparcels, and number
and location of access points shall not be construed to
~. be final and may be varied in number and location
~... provided they comply with overall density and intensity
~h'~ standards established in this PUD document and subject
,>' to required approval phases for site design. The
~, developer shall be permitted to request such changes at
the Subdivision Master Plan and Site Development Plan
review stages for this project.
Changes may be approved provided they are consistent
with Section 7.27j of the Zoning Ordinances and no not:
~:- 1) Increase the number of structures; the number of
dwelling units; or densities as specified by the
adopted master plan.
S'- 2) Change any perimeter boundary of the planned unit
development.
iil 3) Rearrange any lot, block, building tract, or
~-,. - common open space or common facility as Shown on
~. the adopted master plan.
4) Change any use as shown on the adopted master
plan.
~" .... 18
12-734¥.DOC
5) Change location or amounts of land devoted to
specified land uses on the adopted master plan.
Changes 1) through 5) above shall be considered
major changes to the Master Plan and shall require
the same procedure as for actual PUD zoning before
they can be approved.
B. All necessary easements, dedications or other
instruments shall be granted to insure the continuance
operation and maintenance of all service utilities.
C. Agreements, provisions or covenants which govern the
use, maintenance and continued protection of the PUD
and common areas will be provided.
8.4 ENGINEERING COMMITMENTS:
A. ~Detailed paving, grading, site drainage and utility
plans shall be submitted to Project Review 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
Project Review Services.
B. Design and construction of all improvements shall be
subject to compliance with the appropriate provisions
of the Collier County Subdivision Regulations.
C. An Excavation Permit will be required for the proposed
lake(s) in accordance with Collier County Ordinance No.
88-26 and SFWMD rules.
D. Work within Collier County right-of-way shall meet the
requirements of Collier County right-of-way Ordinance
82-91.
E. The project shall be platted in accordance with Collier
County Subdivision Regulations to define the
right-of-way, tracts, and easements as shown on the
master plan.
F. Exceptions to the Subdivision Regulations of the P.U.D.
document may be requested during the SMP process.
G. Sales trailers and model homes subject to provisions in
Section 2.6 of project plan approval requirements.
re. ~ 12-734Y. DOC
~..~'.!.~..'' 8.5 Utility Commitments:
~... A. Water distribution, sewage collection and transmission
and interim water and/or sewage treatment facilities to
serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with
Collier County Ordinance No. 88-76, as amended, and
other applicable County rules and regulations.
B. 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
~i, 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 Go serve the project until
the County's off-site water and/or sewer facilities are
i., available to serve the project.
C. ~ It is anticipated that the County Utilities Division
will ultimately supply potable water to meet the
.0 consumptive demand and/or receive and treat the s.ewage
i~,ji~ generated by this project. Should the County system
i~. not be in a position to supply potable water to the
i~~ project and/or receive the project's wastewater ak the
i.: time development commences, the Developer, at his
-'~ expense will install and operate interim water supply
ii 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.
i.~. D. If an interim on-site water supply, treatment and
· transmission facility is utilized to serve the project,
~i'. 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 p~'oject area
~ E. Public Service Commission Service Territories:
~'~ Prior to approval of construction documents by the
County, the Developer must present verification
pursuant to Chapter 367, Florida Statutes, that the
20
12-734Y.DOC
Florida Public Service Commission ham granted
territorial rights to the Developer to provide sewer
and/or water service to the project until the County
can provide those ~orvlcos through its water and sewer
facilities.
WATER MANAGEMENT COMMITMENTS:
A. Detailed paving, grading and site drainage plans shall
be submitted to Project Review Services for review. No
construction permits shall be issued unless and until
approval of the proposed construction in accordance
with th. submitted plans is granted by Project Review
Services.
B. 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 return frequency.
c. ~ Design and construction of all improvements shall be
subject to compliance with the appropriate provisions
of the Collier County Subdivision Regulations.
D. An Excavation Permit will be required for the proposed
lake(s) in accordance with Collier County Ordinance No.
88-26 and SFWMD rules.
E. A 20 ft. wide strip of land along the entire lake
frontage shall be dedicated for uss as a maintenance
easement for lake widening and maintenance purposes.
F.A copy of SFWMD Permit or Early Work Permit is required
prior to construction plan approval.
G. At the time of submission of the Subdivision Master
Plan application, the applicant shall provide
documentation of adequate downstream conditions to
handle the project discharge, as well as, all tributary
discharges to this system.
ENVIRONMENTAL COMMITMENTS:
A. Development shall comply with Ordinance No. 82-2 as
amended by Ordf.nance No. 89-57 (Use of Native Species
in Landscaping).
B. Developer shall be subject to Collier County
Comprehensive Plan Objectives 6.4.6 and 6.4.7,
Ordinance No. 82-2 as amended by Ordinance No. 89-49,
21
12-734Y.DOC
and Ordinance No. 75-21 as amended by ordinance No.
89-58. The 25% of naturally functioning vegetation to
be retained on site shall include the following:
1. eleven (11) acres of wetland preservation;
2. six (6) acres of upland preservation,
specifically, within a two hundred (200) foot
radius around the cjuster of three red-cockaded
woodpecker cavity trees that includes a fourth
cavity tree and a great horned owl nest;
3.additional preserve of a one hundred (100) foot
radius around the fourth cavity tree;
4. remaining acres of tree ~reservation shall include
all eight (8) inch and greater diameter at breast
height trees outside of the approved footprints of
buildings and infrastructure.
C. Boundaries of the County jurisdictional wetland/upland
preservation areas shall be flagged by the developer
and field verified by Collier County Environmental
Staff prior to any subaQquQnt sitQ plan approvalm.
D. Site clearing approvals shall be phased with
construction. Ail single family home sites shall be
required to submit a site clearing plan and obtain a
building permit prior to tree removal.
E. Developer shall comply with Ordinance No. 82-37 as
amended by Ordinance No. 89-53 (Removal of Exotic
Species).
F. Developer shall be subject to the Collier County
Comprehensive Plan Policy 12.1.3 (discovery of an
archaeological or historical site, artifact or other
indicator, of preservation).
G. 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
process, the developer will comply with these
regulations and guidelines as set forth for development
and management of these habitats (Collier County
Comprehensive Plan, Policy 7.3.4).
8.8 TRANSPOrTaTION COMMITMENTS:
2 2
12-734Y. DOC
A. The developer shall provide 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 the
approved conversion formula.
B. 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.
C. The developer shall provide ~ 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
rCollier County.
D. The developer shall provide arterial level street
lighting at all project accesses.
E. The road impact fee shall be as provided in the
schedule contained in Ordinance 85-55, 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.
F. 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.
G. Ail 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.
8.9 FIRE PROTECTION
The project development shall comply with all applicable
fire codes and regulations. Fire hydrants shall be installed
in accordance with current regulations at the time of
construction.
8.10 DEVELOPMENT SEQUENCE AND SCHEDUL~
The property is to be developed over an estimated 4 year
time period. This projection of project development is no
more than an estimate based on current marketing knowledge.
The estimate may, of course, change depending upon future
23
12-734Y.DOC
economic factors. Table II indicates, by project year, the
estimated absorption of units and commorcial square footago
for the development period.
Lighting facilities shall be arranged in a manner which will
protQct roadways and nuighborhood propurties from direct
glare or other interference.
8.12 WALLS AND FENCES
Walls and fences shall be permitted in side and rear yards
up to a height of six (6) feet, and in front yards up to a
height of three (3) feet.
:
i'-<<{ 12-7 a 4Y. DOC '
T~BLE I
DEVELOPMENT STANDARDS
MULTI- MULTI-
SINGLE FAMILY FAMILY
'~,C FAMILY CjustERED MID-RISE COMMERCIAL
~' MINIMUM
LOT AREA 7,500 SF I Acre 1 Acre I Acre
':'" MINIMUM
FLOOR AREA 1,000 SF 750 SF 750 SF 750 SF
MINIMUM
LOT WIDTH 65 FT None None None
.:,.. MINIMUM
"':" LOT DEPTH 90 FT None None None
::.":' FRONT YARD
~....~. SETBACKS 20 FT 10 FT 25 FT 25 FT
i::,' SIDE YARD 7.5/1 STORY 0 OR 30 FT 0 or 10 FT
~' - SETBACKS 10/2 STORY 10 FT
~. REAR YARD
i/I SETBACKS 20 FT 10 FT 25 FT 20 FT
*BLDG. HEIGHT
STORY/FT 2/40 2/40 5/60 3/50
i.~. * Above one level of parking only.
;'::L." .- -~.
25
12-734Y. DOC
ESTIMATED ABSORPTION SCl{EDULE
~'~ PROJECT RESIDENTIAL COMMERCIAL
, YEAR UNITS SQUARE FEET
i 16B 75,000
'" 9_ 163 75,000
:~' 3 162
4 162 -
'j.?:~,', Total 650 150,000 ·
~'( . 12-734Y. DOC -
t~,: ~LOCATI ON MAP
LEE'
COI;L
RK C E
k
-- ~, - _ ~~~ LOCATION/
~~NG~ ', L
' 901 ' '= . 1 ,. , . . ,~ .
~'~', i '~ / ~~
A85~ , · : ' ,
.,. . ~1 ~-~ .. ., - "" " '"[ "" " ' ~ -- '
~ .. ,, .~ .. . . ,. ,~ ,. ,. . ,, .
, ~ .~. ~ · ~ -
~ .. ..~ ,, ,~ ,, ,, ,, ,, ,, .. ,, ,,
' t-J " ~ ' = I
. . -~ > ; ~ . -
I.. .~17~ 4i4 I i.~,[ i I i 4 I 'B i · I 4
~ ,,,..,. :~. ,,,.,....,
.. .. ....... ..
~RI PAll
.. ., .. --.. .~ ~"" .. ., ..
_ . ~
?i.;, IMMOKAL££ ROAD ! ~
¢OM/vI£R¢IAL $1T~ [ SCALE: ~' = ,300'
PRESERVE
MULTI-FAMILY
RESIDENTIAL
: PRE~R~
;;~/ PRESER~
~ : LOW-DENSI~ GEORGE ~RNER
RESIDEN~AL RICHLAND PUD
AC~W
'STATE OF FLORIDA
~/'/COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts An and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 90-39
which was ~dopted by the Board of County Commissioners on
the 22nd day of May, 1990, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 31et
day of May, 1990.
JAMES C. GILES ,~'.' ...
Clerk of Courts and Clerk ..
Ex-officio to Board of,'~:'
County Commiss/oner~~ '..'. -.
~,.~ '"
B~: /~/~aureen Ken~on ,.%
Deputy Clerk '