Ordinance 88-006 AN ORDINANCE AKENDIIlG ORDINANCE 82-2, THE COH-
PREHENSIFE ZONING REGULATIONS FOR THE UNINCOR-
,.~ ])ORATED AREA OF COLLIER COUNTY, FLORIDA BY
': AHENDING THE ZONING ATLA.~ ~ NUH:~ER 50-26-4 BY
.-~ ]~' CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
..,.! =- .-.~- DESCRIBED REAL PROPERTY FROM A-2 TO "PUD", PLAI~%'ED
'> ...... UNIT DEVELO~ KNOWN AS '~JINDSONG", FOR 156
:/~ ~ ~{~ ?~ RES IDENTIAL DIgELLING I~{ITS AI~) ,NE IGHBORHOOD
(....~ c,~ C0MHERCIAL, FOR PROPERTY LOCATED IN THE NORTH'~ST
u:~ qUADRA1TT OF THE INTERSL~CTION OF COUNTY BARN ·
-;-~ ROAD AND RATTLESNAKE HAMMOCK ROAD IN SECTION
c~o 17, TOWNSHIP 50 SOl/IH, RANGE 26 EAST, 37.6+
ACRES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Wilson, Hiller, Zerton, Soll and Peek, representing
The County Barn Eoad Partnership, petitioned the ~oard of County
Commissioners to change the Zoning Classification of the herein
described real property;
NC~, THEREFORE BE IT ORDAINED by the Board of County
Co~zissionars of Collier County, Florida:
SECTION ONE:
The Zoniag Chseification of the herein described real property
located in Section 17, Township 50 South, Range 26 East, Collier County,
Florida is changed from A-2 to ,,pUD,,, Planned Unit Development, in
accordance with the PUD document attached hereto aa Exhibit
which ia incorporated herein and by reference made part hereof. The
Official Zoning Atlas }tap Number 50-26-i, aa described in Ordimanca 82-2,
is hereby amended accordingly.
SECTION TWO:
This Ordinance shall become effective upon receipt of notice
tha~ ia has been filed with the Secretary of State.
DATE: January 12, 1988 BOARD OF COt~rl~I COHltI$$IOl~!7~
COLLIER COUNT~, FLOI~IDA
~--. . ,~ ...... ~ w~ ~e,' -
~; a~ ~ ' ' -' ~c~ '
WINDSONG
A PLANNED UNIT DEVELOPMENT
37.6 Acres Located in Section 17,
Township 50 South, Range 25 East,
Collier County, Florida
PREPARED BY:
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
1383 AIRPORT ROAD, NORTH
NAPLES, fLORIDA 33942
JANUARY 1988
Work Order 5158.2
Date Submitted=
Date Revised:
Date Approved by BCC:
Ordinance Number=
August 5, 1987
December 30, 1987
January 12, 1988
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS
SECTION I
STATEMENT OF COMPLIANCE AND SHORT TITLE .............. 1-1
SECTION II
STATEMENT OF INTENT .................................. 2-1
SECTION III
PROPERTY OWNERSHIP & LEGAL DESCRIPTION ............... 3-1
SECTION IV
LAND USE REGULATIONS ................................. 4-1
SECTION V
GENERAL DEVELOPMENT COMMITMENTS ...................... 5-1
LIST OF EXHIBITS
EXHIHIT
EXHIBIT
EXHIBIT C
EXHIBIT D
P.U.D[ I~ASTER PLAN, WMBS&P F£1e No. RZ-164
TOPOGRAPHIC AERIAL/LOCATION
WMBS&P F~le NO. RZ-164
SOILS HAP, W~HS&P F~le No. RZ-164
VEGETATION HAP, W~BS&P F~le NO.
SECTION I
STATEMENT OF COMPLIANCE AND SHORT TITLE
The purpose of this section is to express the intent of The County
Barn Road Partnership, Trustee hereinafter referred to as Sponsor,.
to create a P.U.D. on 37.6 acres of land located in part of Section
17, Township 50 South, Range 25 East, Collier County, Florida. The
name of this proposed development shall hence forth be known as
WINDSONG. The development of WINDSONG as a Planned Unit Development
will be in compliance with the planning goals and objectives of
Collier County as set forth in the Comprehensive Plan. The
residential/commercial development will be consistent with the
growth policies and land development regulations of the
Comprehensive Plan Land Use Element and other applicable documents
for the following reasons:
1. The subject property has the necessary rating points to
determine availability of adequate community facilities and
services in conformance with the Collier County Comprehensive
Plan.
2. The project ts compatible and complimentary to the
surrounding land uses.
3. Ail improvements shall be In compliance with all applicable
regulations.
4. The project will be served by a water management and
utilities system as approved by the County.
SHORT TITLE
This Ordinance shall .be known and cited as the WINDSONG P.U.D.
Ordinance.
1-1
SECTION
STATE~£NT OF INTENT
It is the sponsor's intention to create a single family residential,
multi-family residential, and neighborhood commercial development.
The development shall be located around an existing conservation
area, a manmade lake and areas of natural vegetation which enhance
the development with natural beauty and an added amenity.
The residential land consists of two- areas. A sinple family
residential tract is located with a main entrance on Rattlesnake
Hammock Road. The road carries through the development to the
second entrance on County Barn Road.
The multi-family tract also has an entrance on County Barn Road with
a secondary access into the southwest along the preserve area.
The neighborhood commercial tract consists of 2.5+ acres with direct
access onto two collector road~ - Rattlesnake ~ammock Road and
County Barn Road. Lower level order of goods and services have been
considered such as office, bank and medical offices and support
retail uses. This project does not promote strip commercialization.
2-1
SECTION III
PROPERTY OWNERSHIP & LEGAL DESCRIPTION
3.1.
3.2,
3°3°
3.4.
PROPERTY OWNERSHIP
The subject property is currently owned by Dr. and Mrs..
Richard Zehner, and is contracted for purchase by County Barn
Road partnership.
LEGAL DESCRIPTION
The southwest 1/4 of the southwest 1/4 of Section 17,
Township 50 South, Range 16 East, Collier County, Florida.
P.UoD. CONCEPTUAL SITE PLAN APPROVAL
When P.U.D. conceptual site plan approval is desired or
required by this document, the following procedures shall be
followed:
A written request for conceptual site plan approval shall
be submitted to the Director for approval. The request
shall include materials necessary to demonstrate that the
approval of the conceptual site plan will be in harmony
with the general intent and purpose of this document.
Such material may include, but is not limited to the
following, where applicable:
1)
Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions
for ingress and egress, off-street parking and off-
street loading areas; yards and other open spaces.
Plans showing proposed locations for utilities
hookup.
Plans for screening and buffering.
bo
In the case of cjustered buildings, required property
development regulations may be waived or reduced provided
a site plan is approved under this section.
Ce
A fee consistent with the current fee schedule for County
Site Development Plan approval shall accompany the
application, unless a specific fee for Conceptual Site
Plan review is adopted.
If approval or denial is not issued within twenty (20)
working days, the submission shall be considered
automatically approved.
SITE DEVELOPMENT PLAN APPROVAL
Site Development Plan approval, when desired or required by
this document, shall follow the procedures as outlined in the
zoning Ordinance.
3-1
4.1
4.2
4.3
SECTION IV
GENERAL DEVELOPMENT REGULATIONS
PURPOSE
The purpose of this Section is to delinea=e and generally
describe the project plan of development, the respective land.
uses ~ncluded ~n the project, and the development criter~a.
GENERAL
Regulations for development shall be in accordance with the
contents of this document, PUD - Planned Unit Development
District and other appl£cable sections and parts of the
"Collier County Zoning Ord£nance". (Residential areas
designated on the Master Plan are to accommodate single
family housing, multi-family housing, essential services and
customary accessory uses).
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in part,
for other than the following:
a) Permitted Principal uses and Structures:
1) Single family dwellings, zero lot line, cjuster, villa
and patio homes;
2) Multi-family dwellings;
Neighborhood commercial uses including:
C-1, Professional Commercial Uses
C-2, Convenience Commercial Uses
Commercial Intermediate. District uses as follows:
Appliance Stores
Art Supplies
Bakery Shops (including baking incidental to retail or
wholesale sales)
Banks (branch or main office), and Financial
~nstitutions
Barber and Beauty Shops
Bath Supply Stores
Bicycle Sales and services
Book Stores
Child Care Centers
Churches and other places of worship
Clothing Stores
Confectionery and Candy Stores
4-1
Delicatessens
Dry Cleaning Shops
Flor£st Shops
Food Markets
Gift Shops
Gourmet Shops
Hardware Stores
Health Food Stores
Hobby Supply Stores
Homes for the Aged (ACLF)
Hospi~als
Hospices
Ice Cream Stores
Ice Sales
Interior Decorating Showrooms
Jewelry Stores
Laundries - self sorvice
L~quor Stores
Meat Market
Medical Office or Clinic for Human Care
~illinery Shops
~useums
~usic Stores
Office (Retail or Professional)
Office Supply Storos
Pet Shops
Pet supply Stores
Photographic Equip~ent Stores
Post Office
Radio and Television Sales (Service)
Restaurants (Not including drive-ins}
Sanatoriums
Small Appliance Stores
Shoe Sales and Repair
Shopping Centers (See Section 10.5}
Stationary Stores
Tailor Shops
Tobacco Shop
Toy Shops
Tropical Fish Stor~s
Variety Stores
Veterinary Offices and Clinics (No outside kenneling)
Watch and precision instrument sales and repair
4) Water management retention and lake areas;
Conservation area;
6) Adult congregate living facility;
b) Permitted Accessory Uses and Structures:
1) Customary accessory uses and structure~;
Signs;
4-2
4,4.
3) Essential services, including interim utility plants;
4) Recreational Facilities.
c) Prohibited Uses and Structures
l) Convenience Stores;
2) Automcbile service ' stations and fuel dispensing
facilities;
3) 24-hour establishments excluding medical clinics and
similar uses.
PERMITTED RAXIMUM NUMBER OF DWELLING. UNITS
One hundred and fifty six (156) residential dwelling units.
One hundred and four (104) congregate living units.
WI~)SONG
DEVELOPMENT STANDARDS
SINGLE FAMILY
TWO UNIT AND
MULTI-FAMILY
VILLA &
PERMITTED USES ZERO CjustER TOWN- ~
STANDARDS DETACHED LOT LINE HOMES HOUSE COMMERCIAL
MINIMUM SITE 7500 5500 3000 i 20,000
AREA SF SF SF AC
SITE WIDTH 70 50 50 100 100
kiN. AVG. (except
cul-de-sacs)
SITE DEPTH
MIN. AVG.
FRONT YARD
SETBACK
SIDE YARD
SETBACK
*LAKE BANK
SETBACK
RKAR YARD
SETBACK ACSRY.
110 110 60 150 150
25 25 20 25 SO
7.5 0 or 15 0 or 10 15 0
10 10 l0 10 N/A
20 20 15 15 0
4-3
,oo, 0£9-;,:262
HAX. BUILDING 35 35
HEIGHT (FT.}
35 35 35
DIST. BETWEEN 10 0 or 10
PRINCIPAL STa.
FLOOR AREA 1000- 1000-
MINIMUM (SF) I story I story
1200- 1200-
2 story 2 story
0 or 10 .5 0 or 10
SBH
750 750 1,000
OFF-STREET 2 2 2 1.5 per zoning
PARKING SPACES* ordinance
*Where two parking spaces per unit are required, 1.5 spaces may be
paved and .S spaces per unit shall be set aside for future paving.
*See Section 4.7 (Page 5-4)
4.5 Minimum Standards
Minimum standards for parking, landscaping, lighting, and
signage, and other standards not specified herein, shall be
in conformance with applicable County standards in effect at
the time permits are sought.
4.6
project Density
The total acreage of WINDSONG is approximately 37.6 acres~
The maximum number of dwelling units to be built on the total
acreage is 156. The number of dwelling units per gross acre
is approximately 4.15. Excluding the 2.5 acre neighborhood
commercial tract, the project density is 4.44 units per acre,
in conformance with the Comprehensive Plan. The maximum
density for commercial uses is 8,000 sf per acre.
4.7 Lakes and Retention
A proposed lake and stormwater retention area has been sited
in proximity to existi.g and proposed roadways to permit
optimum use of the land, increase the efficiency of the
water management system, and enhance the project's overall
aesthetic character. Please refer to Exhibit 'A' - Master
Site Plan for the proposed location of the lake and retention
area. Accordingly, the setback requirements described in
Ordin~nce 80-26, Section SA, as amended by Ordinance 83-3, as
may be amended in the future, may be reduced with the
approval of the County Engineer. Lake bank setback is zero
feet (0') providing architectural bank treatment is
incorporated into design, otherwise it is ten feet (10') as
indicated in the Development Standards Table (page 4-2).
Off-site removal of fill may be permitted with the approval
of the Public Works and Planning Department.
4-4
4.8
4.9
4.10
4.11
4.12
Adult Congregate Living Facility
An adult congregate living facility (ACLF} may be permitted
to be constructed within the designated neighborhood
commercial site in lieu of the retail commercial building
shown on the Planned Unit Development Master Plan. The
following development standards shall apply to the ACLF:
a) Maximum number of ACLF units per acre - 26.
b) Maximum building height - two (2) stories.
c) Minimum ACLF unit area - two hundred and fifty (250)
square feet.
d) Required parking spaces - one space per three ACLF units.
e) Minimum site area - one acre.
All other development standards shall be in accordance with
development standards of this document for commercial land
use. Adult Congregate Living Facility shall be defined as
set forth in Chapter 400.402, Florida Statutes.
Landscape Buffer
A landscape buffer shall be established around the perimeter
of the property in accordance with the standards of Section
8.37 of the County Zoning Ordinance.
special Restrictions for Service Stations
Any gasoline service facilities in conjunction with a
convenience store shall conform to the requirements of
Section 9.8 of the County Zoning Ordinance.
Polling Places
Polling places shall be a permitted use for the Supervisor of
Elections in conformance with the County Zoning Ordinance.
Site Development Plan Approval
Site development plan approval as set forth by Collier County
Zoning Regulations shall be required for the multi-family,
commercial, and ACLP development tracts at the time of
building permit application.
4-5
029,, : 261
SECTION V
GENERAL DEVELOPMENT COMMITMENTS
5.1
5.2
Purpose
The purpose of this Section is to set forth the standards for.
development of the project.
Traffic Improvement
a. Left and right turn storage lanes, if required, shall be
provided at the project entrance by the developer.
A sidewalk/bike path shall be located along one (1) side
of the main internal road system, and along the entire
frontage of the project along County Barn Road.
The roads within WINDSONG are planned to be private
roads. They will be designed to two-lane local street
standards, with the option of reducing the easement width
to fifty feet with the approval of the County Engineer,
prior to the preparation of construction plans, and that
all required improvements can be installed in the
proposed right-of-way.
de
The Petitioner shall provide street lighting at the
project entrance.
The above improvements are considered "site related" al
defined in Ordinance 85-55, and shall not be counted as
credits toward any impact fee required under that
ordinance.
The following exceptions to the Subdivision Regulations
shall be granted, subject to the County Engineer's
approval.
Article XI, Section i - Reduce distance from inter-
section of right-of-way lines. All access shall be
in accordance with Ordinance 82-91.
Article XI, Section 17.J - 100 feet minimum tangent
at intersections subject to County Engineer's
approval.
3. Article X! Section 10: Monuments - Subject to all
State Statutes and as approved by the County
Engineer.
Article XX Section 17G: Street Pavement Widths -
Waive requirements for private local roads to have
two (2) twelve foot lanes, subject to the approval of
the .County Engineer, (reduce to two ten foot lanes),
if the street has an ADT of less than 200.
5-1
5.3
5.4
Article
XI Section 17I: Curb Radii - reduce
requirements from forty (40) feet radius to thirty
(30) feet radius at local to local road intersections
only.
Article XI Section 21: Utility Casings - Subject to
the installation of all utilities prior to street
construction.
In a~cordance Gith Ordinance 85-55, requiring development
to contribute its proportionate share of funds to
accommodate the impact of proposed development and area
roads; WINDSONG or its successors or assigns, agrees to
pay road impact fees in accordance with the ordinance, at
such time as building permits are requested.
he
The combined main access to the residential and
commercial tract(s) shall be designed with an internal
'T" intersection.
i. Platting shall be required for the entire project.
Solid Waste Dispos..a~
Arrangements and agreements shall be with the approved solid
waste disposal service to provide for solid waste collection
service to all areas of the project.
PUD Master Development Plan
The PUD Master Plan (Wilson, Mille., Barton, Soll& Peek,
Inc. Drawing File No. RZ-164, Exhibit 'A'), is an
iljustrative preliminary development plan.
The design criteria and layout iljustrated on the Master
Plan shall be understood as flexible so that the final
design may satisfy the project and comply with all
applicable requirements.
All necessary easements, dedications, or other
instruments shall be granted to insure the continued
operation and maintenance of all service utilities.
Minor design changes shall be permitted subject to County
staff administrative approval. In the case of cjustered
or group housing with a common architectural theme,
required property development regulations and setbacks
may be waived or reduced provided a site plan is approved
by Collier County under Section 3-3.
Areas iljustrative as 'lakes' shall be constructed lakes,
or upon approval, parts thereof may be green areas in
which as much natural foliage as practicable shall be
preserved. Such areas, lakes and/or natural green areas,
shall be of general area and configuration as shown on
the Master Plan.
5-2
,oo
5.5
5.6
5.7
Utilities
Telephone, power and TV cable service shall be made
available to all residential units. All such utility
lines shall be installed underground.
The stipulations contained in the Utilities Department
memorandum dated August 21, 1987, are herein incorporated
by reference.
Water Management Advisor~ Board Sti~ulation
Detailed site drainage plan~ shall be submitted to the
County Engineer 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 the County Engineer.
In accordance with the Rules of the South Florida Water
Management District (SFWMD), Chapters 40E-4 and 40E-40,
this project shall be designed for a storm event of 3-day
duration and /5-year return frequency. The use of
off-site discharge from the project during the design
storm event must be approved by SFWMD prior to the
issuance of any construction permits for this project.
Off-site discharge, if so permitted, shall be limited to
0.06 cfs/acre.
An Excavation permit will be required for the proposed
lake in accordance with Collier County Ordinance No.
80-26, as amended by Ordinance No. 83-3, and as may be
amended in the future.
In conjunction with the pianned improvements by the
Collier County Transportation Department, a strip of land
along the entire Rattlesnake-Hammock Road frontage shall
be reserved for possible expansion of roadway drainage
facilities.
Building construction setbacks shall comply with SFWMD
Permit Information Manual, Volume IV, Section
3.2.4.4.2.a.
Environmental Advisor[ Council Stipulations
Petitioner shall be subject to Ordinance 75-21 (or the
tree/vegetation removal ordinance in ezistence at the
time of permitting), requiring the acquisition of a tree
removal permit prior to any land clearing. A site
clearing plan shall be submitted to the Natural Resources
Management Department for their review and subject to
approval prior to any work on the site. This plan may be
submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict
5-3
how the final site layout incorporates retained native
vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, and other.facilities have
been oriented to accommodate this goal.
Native species shall be utilized, where available, to the
maximum extent possible in the site landscaping design.
A landscaping' plan will be submitted to the Natural
Resources Management Department and the Community
Development Division for their review, and subject to
their approval. This plan will depict the incorporation
of native species and their mix with other species, if
any. The goal of site landscaping shall be the
re-creation of native vegetation and habitat
characteristics lost on the site during construction or
due to past activities.
All exotic plants, as defined in the County Code, shall
be removed during each phase of construction from
development areas, open space areas, and preserve areas.
Following site development a maintenance program shall be
implemented to prevent reinvasion of the site by such
exotic species. This plan, which will describe control
techniques and inspection intervals, shall be filed with
and subject to approval by the Natural Resources
Management Department and the Community Development
Division. .
If during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development, at that location shall be
immediately stopped and the Natural ResOUrCeS Management
Department notified. Development will be ~uspended for a
sufficient length of time to enable the Natural Resources
Management Department or a designated consultant to
assess the find and determine the proper course of action
in regard to its salvageability. The Natural Resources
Management Department will respond to any such
notification in a timely and efficient manner so as to
provide only a minimal interruption to any constructional
activities.
Native trees in areas proposed for clearing shall be
transplanted as landscape components on the site whenever
possible and practical. Example trees found on site with
potential for transplant include oaks (Quercus spp.),
dahoon holly (~lex cassine) and sabal palm (Sabal
Palmetto).
Existing state protected epiphytes, including but not
limited to, butterfly orchid (Encyclfa tampensis),
Harrisella filiformis, and wild pihes (Tillandsia sPp.)
5-4
shall be salvaged for transplant to suitable habitats.
These transplants should be carried out within the
project (e.g. in the wetland preserve.area), whenever
possible. In the event that enough suitable habitat is
unavailable on site, the petitioner shall work with NRMD
to find appropriate sites for transplant in other
suitable areas within the County.
g. Water management designs shall have a goal to restore
historic water levels within the wetland preserve area.
h. The petitioner shall design building layouts that will
maximize the amount of native habitat to be preserved
between and among buildings, pursuing the idea of dry
retention 'courtyard' areas that will leave native plant
assemblages intact.
i. Final configuration of the excavated lake shall be
designed to minimize quality habitat destruction. Prior
to construction, areas proposed for excavation shall be
staked out and NR~D shall be notified. NR~ID shall review
and approve the excavation location for consistency with
the approved clearing plan, PUD Master Plan, and the
conditions of the PUD document. NRMD shall promptly
respond to the request for stake-out review so as not to
cause delay to the development process. To maximize the
amount of littoral habitat produced in lake margins, side
slopes or lakes shall be graded at a 4=1 or greater
pitch, to a depth of 3 feet from mean low water unless an
architectural bank treatment is incorporated into the
lake design at specific locations which will be reviewed
and approved by NRMD. Petitioner should investigate
vegetation littoral shelf areas with various native plant
species (upon request, NRMD can provide pertinent
information concerning plant species).
J. Prior to substantial development of the site, boundaries
of the cypress wetland area of the southwestern quadrant
of the parcel will be flagged by the petitioner~ the
boundaries will be subject to the field review and
approval of
Traffic En~ineerin~.Stipulation
a. There shall be only one direct access into the commercial
tract off of Rattlesnake Hammock Road, located
approximately mid-way along that frontage. A right turn
lane shall be provided.
b. The main access from Rattlesnake Hammock Road into the
single family section shall be in alignment with the
existing driveway serving a condominium complex on the
5-5
5.9
south side of the road. A right turn lane shall be
provided. Internal access to the commercial tract shall
be provided off of this access roadway.
c. Access from County Barn Road into the c~mmercial tract
shall be designed so as to permit only right turns in and '
right turns out. Should the use of this access result in
hazardous operating conditions or excessive interference
with the flow'of traffic on County Barn Road, the County
reserves the right to require modifications to the access
or closure of it.
d. The developer shall provide leYt and right turn lanes on
County Barn Road at the single family and multi-family
accesses.
e. All access construction shall be coordinated with the
contractor for the Rattlesnake Hammock Road four-laning
project.
f. The developer shall make fair share contributions toward
the capital costs of traffic signals at project accesses
when deemed warranted by the County Engineer. All
signals shall be owned, operated and maintained by
Collier County.
g. The developer shall provide arterial level street
lighting at all project accesses prior to first C.O.
h. The developer shall provide easements of up to 25 feet
along both frontages for turn lane, sidewalk/bike path
and drainage purposes. The exact amount will be
determined when driveway permits are applied for.
i. These improvements are considered "site related" as
defined in Ordinance 85-55, and shall not be applied as
credits for any impact fees required by that ordinance.
J. All traffic control devices used, excluding street name
signs, shall comply with the Manual on Uniform Traffic
Control Devices (Chapter 316.074~ Statutes~.
7rans~ortation Staff Stipulations
a. In the event that during any phase of the project the LOS
on Segment B of Rattlesnake Hammock Road falls below LOS
C, building permits for the remainder of the phase(s)
project shall be withheld until LOS C is restored.
b. Upon the adoption of the new Comprehensive Plan, the
policies regarding LOS standards shall supersede
recommendation number 2.
5-6
5.10
c. As an alternativet the developer may choose to delete the
retail commercial form, the PUD application and
substitute some less intensive land use. .
East Naples Fire District Stipulation~
ae
This department will require that all fire hydrants be
served by a minimum 8' looping water main with hydrants
spaced no further than 500 ft. apart.
Additionally, we will require that all structures be so
arranged that fire apparatus ~ill have sufficient access
to them.
1/'19/88
PP
5-7
!
t
t
AGREEMENT
l, Alan Do Reynolds, as owner or authorized agent for Petition
R-87-33C, agree to the following stipulations requested by the Collier
County Planning tamminsion in their public hearing on December 17, 1987.
ae
Petitioner shall be subject to Ordinance 75-21 [or the tree!
vegetation removal ordinance in existence at the time of
permitting], requiring the acquisition of a tree removal permit
prior to any land cleari~g. I site clearing plan shall be
submitted to the Natural Resources Management Department for
=heir review end subject to approval prior co any work on the
site. This plan may be submitted in phases to coincide with the
development schedule. The site clearing plan shall clearly
depict how the final site layout incorporates retained native
vegetation to the maximum extent possible and how roads,
buildings, lakes, parking lots, end ocher facilities have been
oriented to accommodate this goal.
Ce
Native species aha11 be utilized, where available, to the
taximma extent possible in the sics landscaping design. A
landscaping plan viii ba submitted to the Natural Resources
Management Departmen= and the Communi=y Development Division
for their review end subJac= to =hair approval. This plan will
depic= the incorporation of native species and their mix with
other species, if any. The goal of site landscaping shall be
the re-creation of native vegetation end habitat characteris=ics
los= on the site during construction or dun to pest activities.
All exotic plants, es defined ia the County Coda, shall be
removed during each phase of construction from development
areas, open space areas, and preserve areas. Following site
development a sminCenance program shall be implemented to
prevent reinvasion of the site by such exotic species. This
plan, which will describe control techniques end inspection
in=ervala, shall be filed with and aubJec= to approval by the
Natural Resources Hanagement Department and the Co~uunity
Development Division.
If during the course of nice clearing, excavation, or other
constructional activities, an archaeological or historical
site, artifact, or other indicator is discovered, all
develolmen= st that location shall be immediately stopped and
the Natural Reaourcs~ Management Depart~men= notified.
Development will be suspended for a sufficient length of time
to enable the Netural Resources Management Department or a
designated consultant to assess the find and determine cbs
proper course of action in regard to its salvageability. The
Natural ILesourcss Hauagemsnt Department will respond to any
such notification in a timely and efficient manner so as to
provide only a nin~ml interruption co any constructional
activities.
Native trees in areas proposed for clearing shall be
transplanted as landscape components on the site whenever
possible and practical. Example trees found on site with
potential for transplant include oaks (Quercus app.), dahoon
holly ~Ilax cassine) and sabal palm (Sahal palmetto).
Existing state protected epiphyCes, including but not limited
to, butterfly orchid ~~), Harris.lis
filiformis, and veld pines ~Tillandsia spp.~sh-~e salvaged
for transplant to suitable habitats. These transplants should
be ca.reed out within the project (e.g. in the wetland
preserve area), whenever possible. In the event that enough
suitable habitat is unavailable on site, the petitioner shall
work with NRMD Co find appropriate sites for transplant in
other suitable areas within the County.
g. Water management designs shall have a goal to restore historic
water levels within the wetland preserve area.
he
The petitioner shall design buildiug layouts that will
maximize the amount of native habitat to be preserved between
and among buildings, pursuing the idea of dry retention
"courtyard" areas that will leave native plant assemblages
intact.
Final configuration of the excavated lake shall be designed to
mint~aized quality habitat destruction. Prior to construction,
areas proposed for excavation shall be staked out and NRHD
shall be notified. NRMD shall review and approve the
excavation location for coneistincy with the approved clearing
plan, PUD master plan, and the conditions of the PUD
document. NR~D shall promptly respond to the request for
stake-out review so aa not to cause delay to Ch. development
process. To maximize the amount of littoral habitat produced
in lake margins, side slopes or lakes shall be graded aC a &ti
or greater pitch, to a depth of 3 feet from m~an low water
unless au architecture1 bank treatment ia incorporated into
the lake design et specific locations which viii he reviewed
and approved by KRMD. Petitioner should investigate
vsgscetin$ littoral shelf areas with various native plant
species (upon request, NRMD can provide pertinen~ information
cunt.manS plan~ species).
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Prior to substantial development of the site, boundaries of
the cypress wetland area of the southwestern quadrant of the
parcel will be flagged by the petitionerl the boundaries will
be subject to the field review and approval of h~MD.
Detailed site drainage plans shall be submitted to the County
Engineer 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 the County
Engineer.
In accordance with the Rules of the South Florida Water
Hanagement District (SI~HD), Chapters 401-4 and tOE-40~ this
project shall be designed for a storm event of 3-day duration
end 2$-year return frequency. The uae of off-site discharge
from the project during the design storm event must be
approved by SFWMD prior to the issuance of any construction
permits for this project. Off-site discharge~ if so
permitted~ shall he liuited to 0.06 cfa/acre.
An Excavation Per=it will be required for the proposed lake in
accordance with Collier County Ordinance No. 80-26, as a~endsd
by Ordinance No. 83-3, and as ~ay be amended in the future.
In conjunction with the planned improvements by the Collier
County Transportation Depa=tment, a strip of laud along the
entire Rattlesnake-Eannnock Road frontage Bhall be reserved for
possible expansion of roadway drainage facilities.
Building construction setbacks shall co~ly with gFI~D Permit
Information lianual, Voltme I?, Section 3.2.&.l.2.a.
There shall he only one direct access into the consortiA1
~ract off of Rattlesnake Hamock Road~ located approximately
~id-vay along that frontase. A.right turn lane shell be
provided.
The =als access from Rattlesnake Ram=ock Road into the single
family section shall be in aligmaenC with the existing
driveway serving · condoninitm complex on the south side of
the road. A right turn lane shall be provided. Internal
access to ~he cov~ercial tract shall he provided off of this
access roadway,
Access from County Barn Road into ~he commercial ~ract shall
be designed so as to permit only ritht turns in and right
turns out. Should the use of this access result in hazardous
operating conditions or excessive interference with the flow of
traffic on County Barn Road, the County reserves the right to
require mudificationa to the access or closure of it.
Ve
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dd.
The dmvmloper shall provide left mud right Cum 1mama on
Camry Ba~-m Road mt the single family aud ~lti-family
Ail access construction shall be coordinated with the
contractor for the Rattlesnake Hammock Road fou~ 1suing
project.
The developer shell sake fair share contributions toward the
capital costs of traffic si~als at project accesses when
deemed vat'ranted by the County Engineer. All signals shall be
owned, operated and naintained by Collier County.
The developer shall provide arterial level street lighting at
all project accesses. ?r;~r *~ ~lr~'~ ~...D.
The developer shall provide easements of up to 25 feet along
both frontages for turn lane, sidevalk/bik~ path and drainage
purposes. The exact amount will be deter~ined when driveway
permits ere applied for.
These improvements ere considered "site related" es defined in
Ordin~nce 85-55 and shall not be applied as credits for any
impact fees required by that ordinance.
All traffic control devices used, excluding street nam signs,
shall co~plywith the Hanual On Uniform Traffic Control Devices
(Chapter 316.07&?, Florida Statues).
In the event that during any phase of the project the LOS on
Segment B of Rattlesnake H~ock Road fells below LOS C,
building permits for the reminder of the phase(s) project shall
be withheld until LOS C is restored.
Upon Cha adoption of the ney Comprehensive Plan, the policies
regarding LOS standards shall supersede rscomaendattou
An am alternative, the developer may choose to delete the retail
c~rcial form the PUD application and substitute mona less
intensive land use.
Please ba advised that this department will require that all
fire hydrants be served by a nininnm 8" looping water ~in with
hydrants spaced no further that 500 ft. apart.
Additionally, we viii require that all structures be so arranged
that fire apparatus viii have sufficient access to chert.
The developer shall provide a sidewalk along the entire
frontage of the project along County Barn Road.
,oo 029"' ,
ff.
ii.
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The coubined naLn access to the residential and.connerc~al
tract(s) shall be dssig~d with an in~:srnal "T" intersection.
P13tting shall be required for the entire project.
The F.U.D. document Section 5.2 TrafficI~prc~.ement____._~s addresses
several areas. The following subsections shall be amended
1)
The right-of-way width ~ay be reduced to 50 feet for
private roads provided the sp~rovsl of the County
Engineer is requested prior to preparation o£ the
construction plans and that all required improvements can
be installed within the proposed rliht-of-~rey.
2)
Ae
Article XI, Section 1 Access - may be approved ~lth
the addition of: %11 access~es shall be in
accordance with Ordinance 52-91."
Article XI, Section I0 Ho~J~ents - nay be approved
vith the addition of: "s-~Ject to ell State Statutes
and aa approved by the County Engineer".
Article XI, Section 17C Street Pavement Widths
be approved with the addition of: "~ly if the
street has an ADT of less than 200".
Article XI, Section 21 ~ - may be
approved rich the addition of= "subject to
inet. alsatian of ali utilities prior to street
construction,
Section 4,3 P~IlTTED USES AND STRUCTURES, revise to per. it
only sinRle [a-~'~iy land uses on~ars iasc lacs siegler
co adjoining single family land use in Riviera Coif Estates
along the northern property line.
Section 4,4 ~IR~SONC DEV~O~T STAh~ARDS, revise the side
yard setback requireMnte from ~ feat to 7.5 feet.
Also revise the nini~u~ £1oor area for 7,500 single family lots
from 900 square feet to 1,000 square feet for one story, and
1,200 square feet for ~vo story homes. These standards are
similar to those contained in the Riviera Coif Estates PUD,
Section &,4 DEVELOFHENT STANDARDS, increase from 10 feet to 15
feet the side yard for the zero loc line he, es to make
consistent with standards for patio homes found in Section 9.5
of tho Zoning Ordinance and also those contained in the
Riviera Coif Estates PUD.
11. S·ction &.& D~.vELOPI~L~T STANDARDS, increase the front y·rd
setback for camm·rein1 structures from 25 to 50 feet along
County Barn Road ·nd Rattlesnake Hammock R~ad to minimize
impact on adjoining lands.
Include in Section t.6 or &.& DEVE'LOPN~ STANDARDS, the
maximum square footage permi~ed for both the 6.5
comm~rci·l er·ct, or th· 2.5 ·cra tract should the balance of
the coa~rchl tract be developed with A~LF units.
on. Section 1.8 ADULT CONGREGATE LIVINC I~ACIT.ITY, provid·
definition of ch· ACLF unit typ·, and identify vh·t accessory
uses if any may accompany then.
oo. Add a n·w Section entitled LAI~SCAPE I~I:rFFERING to provide for
· ten foot landscape buffer around the perLn~etsr of the
property Lnaccordance with the standards of Section 8.37 of
the Zoning Ordinance.
pp. Section &.&. DEVELOPHENT STA~gARDS., add lensuag· that the
development of ·ny g·aolin· pumps inconJunction with any
convenience comnmrcial uses shall conform to the requirements
of Section 9.8 of the Zoning Ordinance.
qq. Sec£ion 1.3 PERHITTED USES, add · provision th·t the off site
rsmov·l of fill may b· pst-mitred vith approval of the Public
Warkn and Planning Department.
rt. Section 4.3 PERMITTED USES, add a provision that polling
phcss ar· · permit~ed use for the Supervisor of ~-lsctions
inconJunction with the st·ndarde of the Zoning Ordinance.
ss. Add a provision to Section &.& DEVELOPHENT STANDARDS, that
~h~ra development standards are not specifically provided for,
the pertin~nt standards of the Collier County Zoning shall apply.
tr. Replace the language in Section 3.3 PUD SITE ~ A~PROVAL~ AND
SITE DEVELOPNZNT PLAN APPROVAL~ with language requiring that
Conceptual or Si~e Plan ·pproval ia required for the
comm·rci·l multi-f·mily and AC~F Housing.
un. The petition·r shall comply vith ·11 the atipul·tiona
contained in the Utilities nsmo dated August 21, 1987.
PET ITIONE~'~)~ ACENT
REpR~gSEI~TATIVg' FOR CCPC
S~'ORI~ TO AND SUBSCRIBED BEFORE M~ THIS
NY COM~$$IO~ ZXPIRE$~
I"1
X-87-33C A~reement S~eet
STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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. 88-6
which was adopted by the Board of County Commissioners on the 12th
day of January, 1988, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 21st day of
January, 1988,
JAMES C. GILES
Clerk of Courts.~d'.'Cl~k °~m
Ex-officio to B~a~do.o'f .".
Coun t~. Corem is s~ong, r s
By: %'irginia M~i ~ .."-~
Deputy Clef k~,~]