Loading...
Ordinance 99-75ORDINANCE 99 7 5 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8619N AND 8619S; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CARLTON LAKES PUD HAVING THE EFFECT OF ADDING THE C-3 ZONING DISTRICT'S PERMITTED PRINCIPAL USES AS PERMITTED PRINCIPAL USES FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R. 846), ¼ MILE WEST OF 1-75, LOCATED IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 · EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 245.77 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 95-85, THE FORMER CARLTON LAKES PUD, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen K. Bishop of PMS, Inc. of Naples, representing NTC Development herein described real property; NOW THEREFORE BE IT ORDAINED COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: Limited, petitioned the Board of County Commissioners to change the zoning classification of the ~-. ,~ ~:', The Zoning Classification of the herein described real prope~y located in Sect~l 9,~ownship 48 South, Range 26 East, Collier Co~ty, Florida, is changed ~om "P~" to "P~" Pla~ed 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 Maps numbered 8619N and 8619S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 95-85, as amended, known as the Carlton Lakes PUD, adopted on May 23, 1995, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this oTdxarday of ~., 1999. (ATTEST: DWIGHT E. BROCK, Clerk ~J~a~ a~'~,l~orm and Legal Sufficiency Ma;jo~ M. Student Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA B N This ordinance filed with the Secretary of ~te's Office the c~c~.day of ¢(~' , / ~ and acknowlodgement, of that filin~a .received ~his ~ day - D~tCi~. *' ~, , ORDINANCE/PUD-87-36(3)/CB/ts -2- CARLTON LAKES A · PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING CARLTON LAKES, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: NTC DEVELOPMENT LIMITED A FLORIDA LIMITED PARTNERSHIP PREPARED BY: PMS Inc. of Naples 2335 N. Tamiami Trail, Suite 408 Naples, FL 34103 (941) 435-9080 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL I O/07/99 10/26/99 99-75 lP/01/99 DOCUMENT DATE EXHIBIT "A" TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION IH SECTION IV SECTION V SECTION VI SECTION VII PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN NEIGHBORHOOD COMMERCIAL RECREATION, LAKES AND OPEN SPACE CONSERVATION/PRESERVATION AREAS GENERAL DEVELOPMENT COMMITMENTS PAGE THRU PAGE 111 iv v 1-1 1-3 2-1 2-9 3-1 3-7 4-1 4-2 5-1 5-2 6-1 6-1 7-1 7-10 ii LIST OF EXHIBITS AND TABLES EXHIBIT A EXHIBITB TABLE I TABLE II TABLE III PUD Master Plan Location Map Land Use Tables Estimated Market Absorption Schedule Summary of Development Standards for Residential Developments III STATEMENT OF COMPLIANCE The development of approximately 245.77 acres of property in Collier County, as a Planned Unit Development to be known as Carlton Lakes will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, commercial and recreational facilities of Carlton Lakes will be consistent with applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element(FLUE). The Density Rating System contained in the FLUE causes the property to be eligible for a density of up to six (6) dwelling units per acre. The property is within the density band around the Interstate 75/CR-846 Activity'Center. The project does not interconnect with any existing and future projects. The project.does not provide an interconnection to the property to the north and the potential interconnection to Regency Village PUD to the east - via the potential Piper Boulevard Extension along the frontage of the Carlton Lakes PUD because of the proposed use of gatehouses at entries to the residential component of the project. Therefore, the following tabulation is applicable: Base Density in Urban Area Density Band Lack of Interconnections 4 du/a +3 du/a -1 du/a Total Eligible Density 6 du/a The site's residential component is 238.77 acres. Therefore, the maximum number of units this development is eligible for is 1,433 units. The proposed development is for a maximum of 800 units. The project site (not inclusive of the seven aero commercial tract) will have an approximate density of approximately 3.4 units per acre. This density is less than the maximum permitted and deemed consistent with the density provided for by the County's Growth Management Plan. The seven (7) acre commercial tract has been granted a Compatibility Exception (application #CEX-001-LIE, Resolution No. 92-196). Therefore, the commercial uses being a portion of the same uses listed in the original Carlton Lakes PUD, Ordinance No. 88-56 - are consistent with the Future Land Use Element, pursuant to Policy 5.11. iv o The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities. The projected density of approximately 3.4 d.u.s per acre is in compliance with the Future Land Use Element of Growth Management Plan. The project will be served by a completeiange of services and utilities as approved by the County. C The project is compatible with adjacent land uses through the internal arrangement of structures, the placement of land use buffers, and the proposed development standards contained herein. AH final local development orders for this project are subject to the Collier County Adequate Public Facilities Ordinance, Division 3.15. Land Development Code. V 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 Carlton Lakes. 1.2 LEGAL DESCRIPTION The subject property being 245.77+/- acres, is described as: ALL THAT PART OF THE WEST 1/2 OF SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CO.~NER OF SAID SECTION 19; THENCE ALONG THE WEST LINE OF SAID SECTION 19, NORTH 01°07'34" WEST 100.00 FEET TO THE NORTH LINE OF AN EASEMENT FOR DRAINAGE PURPOSES AS DESCRIBED IN DEED BOOK 44 AT PAGE 78, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL AS DESCRIBED IN O.R. BOOK 767, PAGES 1508 AND 1509 AND O.R. BOOK 768, PAGES 828 AND 829, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; THENCE ALONG THE BOUNDARY OF THAT LAND AS DESCRIBED IN SAID O.R. BOOK 767, PAGES 1508 AND 1509 AND O.R. BOOK 768, PAGES 828 AND 829, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, THE FOLLOWING DESCRIBED NINE (9) COURSES; 1) NORTH 89008'48'' EAST 50.00 FEET; 2) NORTH 01°07'34" WEST 549.50 FEET; 3) NORTH 88°52'26'' EAST 30.00 FEET; 4) NORTH 01007'34'' WEST 2017.43 FEET; 5) NORTH 00058'48'' WEST 582.54 FEET; 6) NORTH 89°01'12'' EAST 360.00 FEET; 7) NORTH 00058'48'' WEST 800.00 FEET; 8) SOUTH 89°01'12" WEST 400.00 FEET; 9) NORTH 00°58'48'' WEST 1280.00 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 19, WHICH LIES NORTH 89°20'08" EAST 40.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 19; 1-1 THENCE ALONG THE NORTH LINE OF SAID SECTION 19, NORTH 89°20'08'' EAST 2592.26 FEET TO THE NORTH 1/4 CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH AND SOUTH 1/4 SECTION LINE OF SAID SECTION 19, SOUTH 01"08'21" EAST 1716.05 FEET; THENCE LEAVING SAID LINE, SOUTH 89009'48'' WEST 750.00 FEET; THENCE SOUTH 01008'21" EAST 3605.71 FEET TO THE SOUTH LINE OF SAID SECTION 19 AND THE SOUTH LINE OF THAT DRAINAGE EASEMENT DESCRIBED IN SAID DEED BOOK 44, PAGE 78; THENCE ALONG SAID LINE, SOUTH 89°09'48'' WEST 1890.21 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 19 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; BEING PART OF THE WEST 1/2 OF SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT AS RECORDED IN DEED BOOK 44, AG PAGE 78, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OR RECORD IF ANY. 1.3 PROPERTY OWNERSHIP The subject property is currently under ~e ownership of NTC Development Limited, a Florida limited partnership (hereinafter call~,d "applicant or developer"). 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The project site is located in the West 1/2 of Section 19, Township 48 South, Range 26 East. The parcel of approximately 246+/- acres is located off and north of Immokalee Road approximately one-quarter mile west of the road's intersection with Interstate 75. The site is currently undeveloped. The subject property is generally bordered on the north by undeveloped property, on the east by Regency Village of Naples PUD, on the south by Immokalee Road (CR 846) and on the west by a Collier County reserve wellfield and the right-of-way for the future Livingston Road. The zoning classification of the subject property prior to the date of this approved PUD Document was PUD. 1.5 PHYSICAL DESCRIPTION The site is located north of Immokalee Road, about one-quarter mile west of Interstate Highway 75 in Collier County, Florida. An easement for the Cocohatchee River Canal forms the subject property's southern boundary. The site is generally level with elevations between 13 and 14 feet NGVD. 1-2 1.6 1.7 The site has the following designation relative to flood -FEMA FIRM Flood Zone X; area of 500-year flood or area of 100 year flood with expected average depth of less than 1 foot. Community-Panel Number 120067 0195 D, Panel 195 of 1125 for Collier County; Map's effective date: September 14, 1979, revised June 3, 1986. The existing vegetation includes approximately 40 acres of exotic invaded wetlands which includes some areas of cypress. The majority of the site supports saw palmetto and pine flatwoods. PROJECT DESCRIPTION ho Carlton Lakes is a planned community including a mixture of residential and commercial uses, recreational, conservation and water management related elements. The water management for the proposed project is planned to be the lake retention type. SHORT TITLE This Ordinance shall be known and cited as the "Carlton Lakes Planned Unit Development Ordinance." ' 1-3 2.1 2.2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE The purpose of this Section is to delineate and generally describe the project's plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Regulations for development of Carlton Lakes 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 Land Development Code and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorize the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to prbvide developmental standards then the provisions of the most similar distri~t~in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Carlton Lakes shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD document or associated exhibits, the provisions of the Collier County Land Development Code where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of thc Land Development Code at thc earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2-1 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES The project Master Plan, including layout of streets and use of land for the various tracts, is iljustrated graphically by Exhibit "A", PUD Master Plan. There shall be one general residential land use tract, plus necessary water management lakes, the general configuration of which is also iljustrated by Exhibit "A". RESIDENTIAL TRACT "A" CARLTON LAKES ESTIMATED LAND USE SUMMARY TABLE I TYPE UNITS,, ACREAGE Single Family Cjustered Single Family and Single Family Attached; Multi-family, and Cjustered Multi-family RECREATION and LAKE AMENITIES TRACTS "B- l"-"B-6" COMMERCIAL TRACT "C" CONSERVATION TRACTS "D-l"- "D-10" BIG CYPRESS BASIN WATER MANAGEMENT DISTRICT CANAL 800 152+/-* 42+/-** 70,000 sf 7+/- 41+/- GRAND TOTAL 246 +/- Internal subdivision roads/right-of-way estimated at 30 acres. Does not include any open space or recreational areas that may be located within other land use areas. Tracts "A" may include open space or recreational areas. Lake area is estimated at 38 acres. 2-2 Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The arrangement of these land areas is shown on the Master Plan (Exhibit "A"). The Master Development Plan is an iljustrative preliminary development plan. Design criteria and layout that is iljustrated on the Master Development Plan and other exhibits supporting this project shall be understood to be flexible so that final design may satisfy development objectives and be consistent with the project development, as set forth in this document. TABLE II CARLTON LAKES ESTIMATED ABSORPTION SCHEDULE YEAR RESIDENTIAL UNITS COMMERCIAL ACREAGE 1995 60 1996 148 1997 148 1998 148 1999 148 2000 148 2 5 TOTAL 800 7 Table II indicates, by phase, the estimated absorption of units for the development period.' The estimate may, of course, change depending upon future economic, market and regulatory factors. Lakes shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow and dry dcpressions for water detention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Modification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or as otherwise permitted by this PUD document. 2-3 2.4 2.5 In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be necessary. The internal roadway system may be either private or may be dedicated to the County consistent with Preliminary Subdivision Plat requirements. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 800 residential dwelling units, single family and multi-family, shall be constructed in the total project area; and, a maximum of 70,000 square feet of commercial within the designated commercial area. The gross project area is 245.77 acres. Seven (7) acres are designated as commercial. The residential portion of the project is 238.77 acres. The gross residential project density, therefore, will be a maximum of 3.4 units per acre, not to exceed 800 units. The density throughout the par,els may vary according to the type of housing placed on each parcel of land. This mixed-use development shall have at least thirty percent (30%) of the gross area devoted to usable open spdee, per Collier County Land Development Code, Subsection 2.2.20.3.5. ~.~ The density of individual parcels of land throughout the project may vary according to the type of housing placed on each pared of land but shall comply with the guidelines established in this document. RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ao Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. Bxhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of thc Collier County Land Development Code, and the platting laws of the State of Florida. 2-4 2.6 2.7 The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Do The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of a tract or parcel. Eo Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages of development" for the subject property. Since the property is proposed to be developed over an estimated six-year period of time, any projection of the project's development can be no more than an estimate based on current market knowledge. MODEL HOMES AND SALE FACILITIES Model homes, model home centers including a sales center(s) shall be permitted in conjunction with the promotion of the development subject to the following: The limitation of LDC Subsection 2.6.33.4.1.5.a, regarding the number of model homes/multi-family units allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. Location of model units and sale centers is limited to future, platted single family lots and multi-family tracts and as provided for elsewhere by the provisions of this PUD document. All permits on models must be applied for by the land owner of parcel, or authorized agent, proposed to be developed. Be The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. 2-5 2.8 2.9 2.10 Prior to the recording of plats, metes and bounds legal descxiptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footage, setbacks, and the like as set forth herein. Access shall be provided to each "dry" model(s) bom a "wet" model(s). Access shall be for pedestrian traffic only. No driveway will be constructed while utilized as a model. Access to "wet" model(s) shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes within the project. The "wet" models may be served by a temporary utility and water management system with ultimate connection to a permanent or central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model homes, parking access, road/driveway and other impervi6us surfaces. The system shall be designed so that it may be integrated with the m~ter system for the entire development. GATEHOUSE PARKING Shall be in the form of two grass parking spaces or shall be provided at a nearby community facility such as the club house or model center. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLSN.. Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE, Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners' Association or other appropriate entity whose fimetion shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2-6 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Carlton Lakes. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: 2. 3. 4. Grassed berms 3:1 Ground covered berms 2:1 Rip-Rap berms 2:1 Structural walled berms - vertical The above slopes are maximums and require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. Bo Fence or wall maximum height: Eight (8) feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shall be considered to be not greater than eighteen (18) inches above the highest crown elevation of the nearest existing road unless the fence or wall is constructed on a landscape berm. In these cases the wall shall not exceed six (6) feet in height fi'om the top of berm elevation for berms with an average side slope of4:1 or less, and shall not exceed four feet (4') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Fences and walls which are an integral part of access control structures such as gate houses and control gates shall not be subject to the height limitations set forth under 2.11 B, and shall be governed by the height limitations for principal structures of thc district in which they arc located. In the case of access control structures within rights-of-way adjoining two or more different districts, the more restrictive height standard shall apply. 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout Carlton Lakes. All stock- piled earth material shall have been generated from earth mining activities on the Carlton Lakes site and may be stockpiled within areas which have be~n distrubed or farmed. Prior to stockpiling in these locations a Letter of Notification along with plans showing thc locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply: 2-7 2.13 A. Stockpile maximum side slope: 3:1 B. Stockpile maximum height: thirty five (35) feet Fill storage areas shall be screened with a security fence at least six {6) feet in height above ground level. Fill storage areas shall be no closer than 300 feet from any developed residential properties. Soil erosion control shall be provided in accordance with Division 3.7. of the Collier County Land Development Code. Fill storage shall not be permitted in areas occupied by threatened or endangered species unless an approved management plan permits such use. All stockpiled earth material shall be removed and stockpiling shall discontinue when all lakes and infrastructure have been completed. GENERAL PERMITTED USES Certain uses shall be conmdered general permitted uses throughout the Carlton Lakes PUD. General permitted uses are those uses which generally serve the Developer and residents of Carlton Lakes and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under Collier County Land Development Code, Section 2.6.9.1. 2. Water management facilities and related structures. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 4. Guardhouses, gatehouses, and access control structures. 5. Community and recreational facilities, community centers. 2-8 Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Bo Landscape features including, but not limited to, landscape buffers, berms, fences, walls subject to the standards set forth in PUD Section 2.11. 8. Fill storage subject to the standards set forth in PUD Section 2.12. Any other use which is comparable in nature with the foregoing uses and which thc Development Services Director determines to be compatible. Development Standards: Unless otherwise set forth in this document the following development standards shall apply to structures: Setback from back of curb or edge of pavement of any road - Eighteen feet (18') except for guard housesg~gatehouses, and access control structures which shall have no required setback. Sidewalks, bikepaths, and cart paths may occur within required buffers, however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk or bikepath. 2-9 3.1 3.2 3.3 SECTION III LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN PURPOSE The purpose of this Section is to identify specific development standards for the area designated on Exhibit "A", Tract "A", Residential Areas. MAXIMUM DWELLING UNITS There shall be a maximum of 800 residential units developed within Tract "A" USES PERMITTED Residential areas designated on the master plan are to accommodate a full range of residential dwelling units, recreational facilities, essential services, customary accessory uses, and compatible land uses. Multi-family uses shall not be mixed with single family uses. Principal uses shall not be developed between dissimilar permitted use types, specifically, no multi-family type shall be located between single family detached family struc~res. At the continuous lot line between single family detached and multiple family housing units or a dissimilar housing type, a landscape buffer (separately or on the tract of the higher density unit) of at least twenty (20) feet shall be provided. This buffer shall minimally meet the requirements of the Type "A" landscape buffer set forth in the Land Development Code. No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: (1) Single family detached dwelling units (2) Single family attached, cjuster homes, zero lot line and patio homes. (3) Duplex, Triplex, Fourplex (4) Townhouses, Garden Apartments/Condominiums (5) Common Recreational Facilities 3-1 3.4 (6) Any form of attachment consistent with the general restrictions set forth herein. (7) The cjustering or grouping of housing structure types i~dentified in this document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 of the Collier County Land Development Code and subject to the provisions of Division 3.3 of the Collier County Land Development Code. (8) Open space or preserve area. (9) Water management facilities and lakes. B. Accessory Uses: (l) Customary accessory uses and structures, including private garages. (2) Recreational uses an4 facilities such as swimming pools, tennis courts, children's plaY'ground areas. Such uses shall be visually and functionally compatible with the adjacent residences which have use of such facilities. (3) Gatehouse/Guardhouse. DEVELOPMENT STANDARDS (See Table III, for greater specificity) GENERAL: All yards, setbacks, shall be in relation to the individual parcel boundaries, except as otherwise provided. Generally whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed, it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as follows: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3-2 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4) Principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive, a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right-of-way, or other non-platted private drive from the common parking area. This shall not prohibit the attachment of enclosed parking structures to the principal residential structure, however in such cases a parking apron of at least fifteen (15) feet shall separate the enclosed parking space from the edge of curb on a private right-of-way without sidewalks or twenty (20) feet when a setback includes a sidewalk. B. MINIMUM LOT AREA: (See Table III, for greater sPecificity) 2,400 square feet C. MINIMUM LOT WIDTH: (See Table III, for greater specificity) 20 feet D. MINIMUM YARDS: (See Table III, for greater specificity) (1) Front Yard - 18 feet (2) Side Yard - 5feet (3) Rear Yard - 15 feet (4) From a dissimilar permitted use type - 20 feet (5) Side yards may be reduced to 0 feet for zero lot line single family units, if the 5 feet is added to the remaining side yard. 3-3 Ge (6) The distance between any two structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. MINIMUM FLOOR AREA: (See Table III, for greater specificity) 1,000 square feet per unit. OFF-STREET PARKING AND LOADING REQUIREMENTS (l) Single family attached, townhouse and rowhouse dwelling unit types which provide direct street access to each individual unit shall be subject to the same provisions as single-family and two-family residential dwellings including the ability to back onto a street. (2) The requirements for all other development types shall be as required by Collier County Land Development Code. MAXIMUM HEIGHT: (See Table III, for greater specificity) (1) Principal Structure - 50 feet ~bove the minimum base flood elevation (2) Accessory Structure - 35 feet above the minimum base flood elevation COMMON ARCHITECTURAL THEME REQUIREMENTS: (1) The architectural style of the dwelling units/structures shall be compatible in design and complimentary in the use of materials and color. (2) The residential project shall have a signature entrance way. The entrance way design and improvement elements shall include some or all of the following: the use of landscape materials, gate house/structure, water feature, sculpture and ornamental pavement surfaces. (3) Street materials, signage and lighting shall be complementary throughout the project's accessways. (4) Individual street trees shall be required and permitted at the time of the issuance of individual dwelling unit building permits or FSDP approval, as appropriate. The street tree(s) planted shall be consistent with the developer's street tree master plan, as submitted to the County for reference prior to or at the time of the submittal for initial building permits or FSDP submittal for a residential unit or 3-4 model. Street trees shall count toward the satisfaction of the Land Development Code tree planting requirements relative to residential lots and multi-family tracts. Street tree installations shall utilize appropriate techniques, when applicable, to encourage deep root growth rather than horizontal root spread at the surface and to provide limited protection to adjacent infrastructure and to provide greater resistance to wind damage. In multi-family tracts, the maximum spacing of street trees shall be 60 feet for shade trees and 30 feet for pines or palms. For single family lots, the trees shall be located at or near the lot line. The homeowner or association documents shall make provisions for the continued ownership, maintenance and replacement of street trees. 3-5 TABLE III: SUMMARY OF DEVELOPMENT STANDARDS FOR ALL RESIDENTIAL STRUCTURES PERMITTED USES STANDARDS SINGLE PATIO FAMILY (ZERO) 2 FAMILY/ DETACHED ~,OT ~.INE DUPLEX MULTIPLE FAMILY STRUCTURES SINGLE TOWNHOUSE/ FAMILY VILLAS/MULTI- ATTACHED ROW HOUSE FAMILy MIN. AREA PER STRUCTURE OR PER DWELLING UNIT 6,000 4,800 2,400 2,400 2,400 S.F. SITE WIDTH 50 40 24 MIN. AVERAGE CORD LENGTH 26 26 20 20 20 FEET I $ 18 FEET SITE DEPTH MIN. AVERAGE 120 120 120 120 120 FEET FRONT YARD SETBACK (i) PRINCIPAL STRUCTURE 18 (ii) ACCESSORY FOR MULTI- FAMILY COVERED PARKING - 18 18 18 18 FEET 10 10 10 FEET (15 FEET IF SETBACK INCLUDES SIDEWALK) SIDE YARD SETBACK 5 5 OR 0 7.5 7.5 15 FEET (OR HALF THE SUM OF THE HEIGHT OF THE STRUCTURES) (TWENTY-FIVE FEET IF SETBACK ENCUMBERS A LAKE'S MAINTENANCE EASEMENT) REAR YARD SETBACK (i) PRINCIPAL STRUCTURE 15 15 15 15 15 FEET STRUCTURES HEIOHT (OR HALF THE STRUCTURES HEIOHT) (TWENTY-FIVE FEET IF SETBACK ENCUMBERS A LAKE'S MAINTENANCE EASEMENT) (ii) ACCESSORY BUILDINGS (POOL, SCREEN ENCL.) 10 10 10 10 10 FEET (OR HALF THE STRUCTURES HEIGHT) (TWENTY-FIVE FEET IF SETBACK ENCUMBERS A LAKE'S MAINTENANCE EASEMENT) MAX. BUILDINO HEIOHT (i) ABOVE MFL 100 YEAR 35 35 35 35 50 FEET (ii) ACCESSORY STRUCTURE 35 FLOOR AREA MINIMUM/D.U. 1,200 35 35 35 35 FEET 1,000 1,000 1,000 1,000 S.F. 3-6 RESIDENTIAL DWELLING UNIT DEFINITION Patio (Zero Lot Line): One wall of the residential structure is located on a side property line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. ,Single Family Attached/Townhouse/Row House: A multiple family structure which includes a series of three or more single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. Villa: A multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. Multiple Family: A housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villa. Generally includes a structure of two or more stories with dwelling units above dwelling units each of which may be accessed directly from the outside or from a common interior location. Duplex: A housing structure containing two dwell~g units either vertically or horizontally attached. Cjustered Housing: The placement of two or more housing structures of the type described on a parcel of land/lot/tract under common ownership. 3-7 4.1 4.2 SECTION IV COMMERCIAL PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "A", PUD Master Plan, as Tract "C", Commercial. A maximum of 70,000 square feet of commercial shall be developed within Tract "C". 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. The commercial uses are as follows: ao C-1, Professional Commercial Uses as provided in the Land Development Code in effect on October 26, 1999. C-2, Convenience Commercial Uses as provided in the Land Development Code in effect on October 26, 1999. Banks (branch or main office), and Financial Institutions (groups 6011-6063) Food Stores (groups 5411-5499) and any other use that is accessory and ancillary to the operation of the Supermarket, included but not limited to, liquor stores (5921) and drugstores (5912). Sales centers associated with residential components or the residential or commercial developers of this PUD. B. Permitted Acc,~sso _ry Uses and Structures Accessory uses and structures customarily associated with the uses permitted in the above districts. Essential services and facilities as set forth under Collier County Land Development Code, Section 2.6.9.1. 4-1 4.1 4.2 4.3 SECTION IV COMMERCIAL PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "A", PUD Master Plan, as Tract "C", Commercial. A maximum of 70,000 square feet of commercial shall be developed within Tract "C". 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 Structure.s.: 1. The commercial uses are as follows: C-1, Professional Commercial Uses as provided in the Land Development Code in effect on October 26, 1999. C-2, Convenience Commercial Uses as provided in the Land Development Code in effect on October 26, 1999. C-3, Commergjal Intermediate Uses as provided in the Land Develop'ment Code in effect on October 26, 1999. Sales centers associated with residential components or the residential or commercial developers of this PUD. B. Permitted Accessory Uses ,and Structures Accessory uses and structures customarily associated with the uses permitted in the above districts. Essential services and facilities as set forth under Collier County Land Development Code, Section 2.6.9.1. DEVELOPMENT STAlbIDARDS: A. Site Area: 10,000 square feet B. Site Width: 150 feet C. Setbacks: From parcel boundaries: Fifty (25) feet plus one (1) foot for each two (2) feet of building height over thirty (30) feet. 4-1 De Eo .Distanc,e Between Principal S,truetures: None, or a minimum of ten (10) feet with unobstructed passage from front to rear yard. Maximum Height of Structures: Fifty (50) feet. Minimum Floor Area 0fPr/ncipal Struc~ur.e$: One thousand (1,000) square feet per building on the ground floor. 4-2 5.1 5.2 SECTION V RECREATION, LAKES AND OPEN SPACE PURPOSE The purpose of this Section is to set forth the development plan and development standards for the areas designed as Tracts "B-1" - "B-6" on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of these tracts will be to provide recreational or club facilities or complimenting buffers and water management. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Parks, playgrounds, game courts and fields. 2. Water management and lakes. 3. Open Spaces/Natural Conservation Areas Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the commons areas. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. 7. Nature Preserves and wildlife sanctuaries. 8. Clubhouse / Assembly Buildings Polling places as required in the Collier County Land Development Code. 10. Sales center and associated improvements. 5-1 B. Accessory Uses: Accessory uses and structures customarily associated with principal uses permitted in this District. o Small docks, enclosures or other structures constructed for purposes of maintenance, storage, recreation shelter with appropriate screening and landscaping. 3. Fountains within lakes. 5.3 Development Regulations Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. Bo Habitable buildings shall be set back a minimum of thirty (30) feet abutting residential districts and a landscaped and maintained buffer shall be provided, otherwise th~ setback shall be twenty (20) feet; accessory structures shall be ten (10) fe_~t; walls and similar structures shall have a setback of five (5) feet along the development s boundaries and perimeter tract boundary where not abutting internal residential tracts. Co Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties fi.om direct glare or other interference. D. MAXIMUM HEIGHT: (1) Principal Structure - 50 feet. (2) Accessory Structure - 3:5 feet. (3) Walls - 12 feet above adjacent grade. 5-2 6.1 6.2 SECTION VI CONSERVATION AREAS PURPOSE Conservation Areas, Tracts "D-1" -"D-10", area totaling approximately 40 acres. The purpose is to preserve and protect vegetation and naturally functioning habitat such as the wetlands in their natural state. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, state and federal permits when required; A. Principal Uses: Open Spaces/Natural Preserves. Lakes promoting the ~atural vegetation provided they are constructed on land ia excess of the required twenty-five percent (25%) retained native vegetation. e Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. Boardwalks, observation structures including minor roofed assembly structures subject to appropriate approvals by permitting agencies. 5. Paths and bridges to provide access from the uplands. 6. Informational nature trails. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. 2. Fountains within lakes. 6-1 7.1 7.2 7.3 7.4 SECTION VII DEVELOPMENT COMMITMENTS PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code, Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. ' The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer any successor or assignee in title is bound by the commitments within this agreement. PUD MASTER PLAN Ac Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase such as at final platting or site development plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure thc continued operation and maintcnance of all service utilities and all common areas in thc project. MONITORING REPORT AND SUNSET PROVISIONS The Carlton Lakes PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. %1 7.5 7.6 Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. The developer does not commit to develop any specific recreational amenity or to dedicate acreage for any future recreational facilities. DEVELOPMENT EXEMPTIONS FROM EXCAVATION REGULATIONS The requirements of Section 3.5 shall be modified as follows: Ao Subsection 3.5.7.1.1: The setback for excavations (lakes) from the right-of-way line or easement line of any existing or proposed private or public street, road or access easement shall be 25 feet. A guard mil or similar feature shall not be required if the street or road has a County Staff approved non-mountable curb section for the appropriate length of roadway and has a posted speed limit of 20 mph or less or another Staff approved design. Bo Subsection 3.5.7.1.2:Th6 setback (maintenance easements) to excavations (lakes) from side and rear property lines (internal to the development) may be included w~thln residential tract and residential lot boundaries. The setback to excavations from internal right-of-way shall be 25 feet. The setback to excavations (lakes) from abutting (development's perimeter) property lines of the development shall be 35 feet and may include a landscape buffer of up to 15 feet in width. As depicted on Exhibit A, PUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways in order to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements have been reduced. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The requirements of Section 3.2 shall be modified as follows: Subsection 3.2.8.3.19: Street pavement painting, striping and reflective edging of roadway markings shall be waived for the local roads within the subdivision, except that this waiver does not exclude the requirement for stop bars. 7-2 Subsection 3.2.8.3.17: A system or plan of sidewalks pursuant to the intent of Section 3.2 shall be made available throughout the project development in such a manner that project residents will be able to walk or bicycle to selected activity centers within the project's boundary. Sidewalks shall be provided on one side of all streets and on cul-de-sacs longer than 300 feet. Sidewalks may vary outside the right-of-way provided a sidewalk easement is created over the sidewalk. Subsection 3.2.8.4.3: Block length shall not exceed 3,000 feet between intersecting streets consistent with the project's lake theme design and crosswalks shall only be required at intersecting streets. Subsection 3.2.8.4.16.5: The minimum lane width shall be 10.0 feet for all streets within the development to encourage appropriate travel speed except as required for entryway geometry and provided that such streets have mountable curbs unless in conflict with other provisions of this document or the Collier County Land Development Code. Landscaped linear and circular medians (roundabouts) may also be utilized within the right-of-way to encourage an appropriate design speed as well as to enhance the development 'theme. Subsection 3.2.8.4.16.6: Walve the requirement that dead-end streets shall not exceed one-thousand (1,000) feet in length. The length may be approved with a maximum of two-thousand (2,000) feet. Subsection 3.2.8.4.16.9: Roundabouts may be utilized at intersections. Roundabouts and other "traffic calming" street designs shall not be required to meet the minimum tangent requirements. Should "traffic calming" street design be utilized, a maximum distance between design elements on an otherwise straight length of roadway shall be 600 linear feet. Traffic calming elements are defined for the purpose of this document as intersections with roundabouts, stop signs, street medians or roundabouts. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. provided design calculations for posted speed limits are submitted prior to final improvement plan approval. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. 7-3 7.7 TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: The developer shall be responsible for its fair share cost of intersection modifications required/serving for this project. The developer shall provide left and fight turn lanes, when requested by the County, on Livingston Road at the project entrances in accordance with Ordinance 93-63, Work Within the Right-of-Way, as amended. Co The developer shall provide left and fight turn lanes at the project entrance on Immokalee Road, when requested by the County, in accordance with Ordinance 93-63, Work Within the Right-of-Way, as amended. Do The developer shall provide a fair share contribution, when requested by the County, toward the capital cost of a traffic signal(s) at any and all project entrances on Imm6kalee Road or Livingston Roads when, and if, warranted. All warrants shall be subject to analysis by the Collier County · .~'~. Transportation Services Division and in accordance with the County Traffic Signal System Policy. Traffic signal(s) will be owned, operated and maintained by Collier County. The developer shall provide arterial level street lighting at each project entrance prior to the issuance of the first Certificate of Occupancy. Fo All traffic control devices used shall comply with the Manual on Uniform Traffic Devices (Section 316.0747, Florida Statutes). The above improvements are considered "site related" as def'med by ordinance and shall not be eligible for impact fee credits. He If Piper Boulevard.is extended through the subject property, the propexty owner will dedicate 60 foot of right-of-way for that road extension through the Carlton Lakes PUD, when requested by the County. This dedication, if requested, may be eligible for roadway impact fee credits. Should this dedication not be eligible for impact fee 7-4 o credits, then reimbursement fi.om the County or third party payment shall be made at the time of dedication with consideration prorated on the usage factor. The acreage of the potential right-of-way will not be developed with habitable structures, however it may be utilized for signage and architectural community identity structures until a roadway is actually developed. Should the property be dedicated to the County, its use shall be limited to the stated purpose of development of Piper Boulevard and related infi.astmcture. Any other proposed use shall require approval by the developer or assigns with the approval limited to the compatibility to the proposed or developed residential community and related commercial tract. The acreage of the potential right-of-way shall be counted toward satisfaction of the open space requirements for the commercial tract. The acreage of the .po.~ential right-of-way may be enhanced by the developer or its assighs with landscaping; such enhancement shall be exempt fi.om native species requirements. The potential right-of-way shall have a width of sixty (60) feet and shall be parallel and adjacent the canal right-of-way except at the 7 acre commercial tract where it shall be parallel to the eastern and northern tract boundaries separated by a I0 foot Type "D" landscape buffer. This buffer shall be exterior to the commercial tract and shall be a substitute for the required perimeter buffer required by the Land Development Code for the commercial development. This buffer shall be developed concurrent with the development of the commercial tract. The developer may elect to construct a portion of the potential Piper Boulevard extension. Such improvements shall meet the Land Development Code's development standards for a public local road and such improvements may be eligible for roadway impact fee credits if the County requests dedication of the referenced right-of-way. Should these improvements not be eligible for impact fee credits, then reimbursement from the County or third party payment shall be made at the time of the dedication with consideration prorated on the usage factor. %5 This roadway segment may also serve as a project access for the project and commercial tract. Should the County elect to fully develop the Piper Boulevard extension and the County require that the access point to the residential development be closed, then the County will allow the Developer an access point, concurrent with its closing, as noted by the "Altemative Access Point" location noted on Exhibit "A" PUD Master Plan. If Livingston Road is used as access and should right-of-way, design and/or construction of any portion thereof be included in the development project, such expense may be subject to road impact fee credits to the degree provided for in Ordinance 92-22, as amended. Collier County reserves the right of arterial road median access control in the interests of safety and operational considerations. Ko Median access from Immokalee Road shall be considered temporary and shall be removed when reasonable access fi'om Livingston Road becomes available. A fight-in entry/rilght-out exit may remain if such access meets the County's access managemCent standards. The developer may be eligible for impact fee credits, consistent with Ordinance 92-22, as amended, if developer chooses to build any portion of the proposed Livingston Road. All access points, whether from Immokalee Road or the future Livingston Road shall meet the standards set forth in the County's Access Management Policy, as it may be amended or superseded. In the event public access to streets in this development is not otherwise regulated, or streets are conveyed and accepted for public use, provision shall be made to interconnect the street system to the contiguous Regency Village PUD. 7.8 WATER ,,.MANAGEMENT, The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao A copy of South Florida Water Management District (SFWMD) Permit of Early Work Permit with staff report is required prior to construction plan approval. 7-6 7.9 An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD Rules. Co A Big Cypress Basin (SFWMD) Right-of-Way Permit, allowing the project's discharge into the Immokalee Road canal shall be provided prior to final construction plan approval. Do The water management storage requirements for the commercial tract may be developed within the residential development or integrated within the residential development provided system capacity is available. UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: Ao The on-site water distribution system to serve the project shall have the following features incorporated into the distribution system design: 1. Stubs for future syste..m, interconnection with adjacent properties shall be provided to t~e north, east and west property lines of the project; at locations to be mutually agreed to by the Utilities Division and the Developer during the design phase of the project. 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. The Collier County Utility District owns and maintains an 80 foot strip of land running north from lmmokalee Road and parallel to the right-of-way for the proposed future Livingston Road. This parcel lies between the proposed roadway and the subject property. This land is presently utilized as a well field to supplement the County's treated effluent for irrigation purposes. The Collier County Utility District agrees to provide access easements across this strip of land where noted on the Carlton Lakes PUD Master Plan and Preliminary Subdivision Plat. 7-7 The granting of these access easements is contingent on the accessways not interfering with the County's use and maintenance of the existing well system· The utilization of the accessways will be limited to roadway access, sidewalks, landscaping, lighting, and directional and project signage. 7.10 7.11 ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: he Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code, Division 3.2. ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions: · ~,-. Consistent with LDC Section 3.9.5.5.3, twenty-five (25) percent of the viable naturally functioning native vegetation on site shall be retained. Project acreage is 245.77 of which 220.57 acres have been determined to be viable naturally functioning native vegetation; therefore, a total of 55 acres shall be identified. A minimum of three-quarters of this requirement (41 acres) shall be from the identified wetland and upland conservation tracts noted on the PUD Master Plan (Tracts D 1 through D 10). The remaining 14 acres shall be identified prior to platting and may include perimeter buffers when appropriately planted. Be All jurisdictional wetlands and/or mitigation areas shall be designated within and as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of Florida Statutes. All proposed mitigation for wetland impacts to Collier County jurisdictional wetlands shall comply with Appendix 7 of the South Florida Water Management District (SFWMD) Rules and be subject to review and approval by Community Development Environmental Staff. Buffer zones which extend at least fit~een (15) feet landward from the edge of wetland preserves in all pla,es and average twenty-five (25) feet 7-8 7.12 7.13 from the landward edge of wetland preserves shall be provided. These buffer zones may include wetland preserves provided they are accepted as such by SFWMD and such area is in excess of the requirements of Subsection 7.11.A. of this document. An exotic vegetation removal, monitoring, and maintenance (exotic-flee) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Community Development Environmental Staff for review and approval prior to final site plan/construction plan approval. This PUD is located within the Collier County Groundwater Protection Zone No. 1-4 and shall comply with the appropriate sections of the Groundwater Protection Ordinance No. 91-103 at the time of final development order approval. The perimeter landscaped buffer shall be reduced from 15 feet to 5 feet of width at the environmental/property line section of the project's circulation system; location is identified on Exhibit "A" PUD Master Plan. This reduction is to reduce the impact of the roadway on the adjacent conservation area. The tree and requirements c planting of this buffer will be increased by reducing the spacing of required trees by 50 percent. ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following thc construction of thc principal structure except for a construction site office, model units, gatehousc, project signage and water management lakes. SIGNS Monumental signs/community identification shall be permitted at all project entrances and two locations along the southern property line. Southern property line signage may be developed within the community identification tract, however it shall be relocated should the County elect to develop the extension of Piper Boulevard. Such signage or community identification may be accompanied by complimentary landscaping and lighting. All other signage shall be in accordance with Division 2.5 of the Land Development Code. 7-9 7.14 LANDSCAPING FOR OFF-STREET PARKING All landscaping for off-street parking areas shall be in accordance with Section 2.4.5 of the Collier County Land Development Code in effect at the time of building permit application. 7.15 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the furore use of building space within common areas (if provided) for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7.16 PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling subject to the provisions of subsection 2.12 of this document), in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material then its off-site disposal is also hereby permitted subject to the following conditions. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. All other provisions of said Division 3.5, unless elsewhere addressed by this document, are applicable. F:~PMS-CORP~COMPANY~Claus~-n\Carlton_Lak~ 7-10 II II II I&#~IO~ALEE ROAD STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the ~_.~. co Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-75 Which was adopted by the Board of County Commissioners on the 26th day of October, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th day of October, 1999. DWIGHT E, BROCK . ~.~ Clerk of Courts and Cle'~k Ex-officio to Board of"~?~ :~ '~ County Commissioners :.,--,. / By: Ellie Hoffman, Deputy Clerk