Ordinance 86-75 ORDINANCE 86-- 7,~
()t%;~?.-4~2~ ORDINANCE AMENDING ORDINANCE 82-2 %'HE COM-
x~"'~'REHENSIVE ZONIMG REGULATIONS FOR TNE UNINCOR-
PORATED AREA OF COLLIER COUNTY, FLORIDA BY
A2~ENDING THE ZONING ATLAS F~kP NI~ER 48-26 BY
C}L~NGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM A-2 AND A-2 "ST" TO
"PUD" PLAN"NED UNIT DEVELOPMENT KNOWN AS THE
WOODLANDS F0R I460 DWELLING UNITS, 15 ACRES
OF COMMERCIAL USES, AN 18 HOLE GOLF COURSE, AND
A/~PROXI~tA?ELY 91 ACRES OF PRESERVATIOM AREAS,
FOR PROPERTY LOCATED ON THE NORTH SIDE OF
I}~IOKALEE ROAD, APPROXIMATELY 1.3 MILES EAST OF
1-75 IN SECTION 21, TOWNSHIP 48 SOUTH, P3%NGE 26
EAST, + 500.11 ACRES; AND PROVIDING AN EFFECTIVE
DATE.
WMERF_AS, Ross McIntosh, representing Immokalee Road
Partnership and Greg Cabiness, petitioned the Board of County
Cen~issioners to change the Zoning Classification of the herein
described real property;
]:OW, THEREFORE BE IT ORDAINED by the Board of County
Commi~$ioners of Collier County, Florida:
SECTION ONE:
Ihs Zoning Clas~tfication of the herein described real property
located in Section 21, Tow~shlp ~8 South, Range 26 East, Collier
County, Florida is changed from A-2 a~d A-2 "ST" to "PI~" Planned
Unit Development in accordance ~th "~he Woodlands" PUD document
attached hereto as Exhibit "A" which is incorporated herein and by
reference made part hereof. ~ns Official Zoning Atlas Map Number
48-26, as described in Ordinance 82-2, ia hereby amended accordingly.
SECTION TWO:
This Ordinance shall ~ecome effective upon receipt of notice
that ~s has been filed with the Secretary of State.
DATE: Nove~r 6, 1986 BOARD OF COUN"fY COMMISSIONERS
Y.-9 ',."."t'.: ~
/ /
"~ ~' ~ -'d~ o~ ~
~y~D ~S TO FO~ A~ LEG~ SUFFZCIEN~ k~,ed~ement of lhat
filing recelved]~is ~ay
KEdgE'IH B. C~LER ~ ~0~[ ~ ~C[ ~ "~ ~ c~
conn~ co~w AtTo~ '
R-83-26C Ordinance
T~E WOODLANDS
PLANNED UNIT DEVELOPMENT DOCUMENT
PREPARED BY ~
GEORGE L. VARNADOE
Young, van Assenderp, Varnadoe & Benton, P.A.
807 Laurel Oak Drive, Suite 300
Naples, Florida 33963
DATE ISSUED:
DATE REVISED:
DATE APPROVED-B~ 'Ct'PC':
DATE REVISED:
DATE APPROVED BY BCC:
ORDINANCE NUMBER:
Decembe~ 7, 1983
OctOber 20,'19'86
October 2, 1986
November 6, 19"86
NovemDer 6,"7986
lei
TABLE OF CONTENTS
SECTION I, Statement of Compliance .... ......... 1
SECTION II, Property Ownership & General Description .... 1
2.0] Introduction and Purpose .............. 1
2.02 Name ....... ' ................. 2
2.03 Legal Description .................. 2
2.04 Title to Property .................. 2
2.05 General Description.' ................ 2
2.06 Development & Fractionalization of Tracts ...... 2
2.07 PUD Conceptual Site Plan Approval Process ...... 3
2.08 Site Development Plan Approval Process ....... 4
SECTION III, Project Development .............. 4
3.01 Purpose ....................... 4
3.02 General Plan of Development ............. 4
3.03 Wetlands ...................... 4
SECTION IV, Land Use and Regulation ............ 5
4.01 Purpose ....................... 5
4.02 Project Plan & Land Use Tracts ........... 5
4.03 Project Density ................... 5
4.04 Sequence and Scheduling ............... 5
4.05 Recreational Facilities and Schedule ........ 5
SECTION V, Golf Course ................... 7
5.01 Purpose ....................... 7
5.02 Permitted Uses and Structures ............ 7
SECTION VI, Nature Preserve & Wildlife Sanctuary ...... 8
6.01 Purpose ....................... 8
6.02 Function ...................... 8
6.03 Treatment Use .................... 9
6.04 Permitted Uses and Structures ............ 9
6.05 Regulations ..................... 10
SECTION VII, Detached Single Family ............ 10
7.01 Purpose ...... - ................. 10
7.02 Maximum Dwelling Units ............... 10
7.03 Permitted Uses & Structures ............. 10
7.0¢ Regulations ................. 11
SECTION VIII, Villas - Townhouses - &l~s~er ~ . . 12
8.0]. Purpose ....................... 12
8.02 Maximum Dwelling Units .............. 12
8.03 Permitted Uses & Structures ............. 12
8.04 Regulations ........... . .......... 13
SECTION IX, Garden Apartments ............... 14
9.01 Purpose ...... ~ ................ 14
9.02 Maximum Dwelling Units ............... 14
9.03 Uses Permitted ................... 14
9.04 Regulations ..................... 15
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SECTION X, Community Shopping & Business Office Center . .16
10.01 Purpose ....................... 16
10.02 Permitted Uses & Structures ............. 16
10.03 Minimum Yard Requirements .............. 18
10.04 Building Separation ................. 18
10.05 Minimum Floor Area of Principal Structures ..... 19
10~06 Maximum Height ................. 19
10.07 Minimum Off-Street Parking ~ 6fi-Street Loading
Requirements .................. 19
10.08 Minimum Landscaping Requirements ......... 19
10.09 Signage ....................... 19
10.30 Conceptual Site Plan Review ............. 19
10.11 Size ................................................ 19
SECTION XI, General Development Commitments ......... 19
11.01 Purpose ...................... 19
11.02 PUD Master Development Plan ............. 19
11.03 Clearing, Grading, Earth Work & Site Drainage .... 20
11.04 Utilities ..................... 20
11.05 Solid Waste Disposal .............. 25
11.06 Recreational Facilities ........... ~ . .25
11~07 Traffic Improvements ................ 25
11.08 Streets ................. 26
11 09 Exceptions to County Subdivision ~e4uia;t~,~ .2~
i1.11 Polling Places ................... 27
11.12 Environmental Stipulations ........... 27
11.13 Water Management Stipulations ....... [ .... 29
)).14 Fire Station ........................................ 30
2.01
mm
SECTION I
STATEMENT OF COMPLIANCE
This development of approximately 500 acres of property in Section
21, Township 48 South, Range 25 East, Collier County, Florida, as
a Planned Unit Development to be known as THE WOODLANDS will com-
ply with the planning and development objectives of Collier County
as set forth in the Comprehensive Plan. The residential and com-
mercial aspects of the development together with associated
recreational facilities will be consistent with the growth
policies and land development regulations of the Co~.,prehensive
Plan Land Use Element and other applicable documents for the
following reasons:
1. Project development will be ccmpatible with and com-
plimentary to the surrounding land uses.
2. The Project shall comply with the applicable zoning
and other regulations.
The subject property has the necessary rating points
to determine availability of adequate community fa-
cilities and services.
The Project shall utilize natural systems for water
management, such as existing drainage areas and
environmental sensitive areas in accordance with
their natural functions and capabilities.
The development areas are being well separated from
the environmental sensitige areas and the value and
functions of the environmental sensitive areas will
not be unduly adversely affected by the
development.
SECTION II
PROPERTY OWNERSHIP & GENERAL DESCRIPTION
INTRODUCTION AND PURPOSE
It ia the intent of the owner and project coordinator to establish
and 4evelop a Planned Unit Development on approximately 500 acres
of property located in Collier CountS, Florida, on the north side
of David C. Brown Highway, approximately 1.3 miles east of 1-75.
It is the purpose of this document to provide the required detail
and data concerning the development of the property.
! i':2.02 NM"IE
'~':~i;- The development shall be known as THE WOODLANDS.
, 2.03 LEGAL DESCRIPTION
~:'~ ~>~ See attached Exhibit "B".
.2.04
TITLE TO PROPERTY
The property is owned by the Immokalee Road Partnership
(beneficial interest) and Greg Cabiness. A list of the record
title holders is attached as Exhibit "1" The project coordinator
is Ross W. McIntosh, whose address is 1800 Kings Lake Boulevard,
Suite 204, Naples, FL 33942. Evidence of unified control of
property is furnished as'Exhibit "1"
2.05 GENERAL DESCRIPTION
The general location of TH'E WOODLANDS, the current zoning classi-
fications of surrounding properties, and nearby land developments
are iljustrated by Exhibits "A/C", "Existing Land Uses". At the
time of this application the property was zoned agriculture.
Certain portions of the property were designated special treatment
areas as shown in Exhibits "A/C".
2.06 DEVELOPMENT AND FRACTIONALIZATION'OF'TRACTS
When the developer sells an entire Tract or a building parcel
(fraction of a Tract) to a subsequent owner, or proposes
development of such property himself, the developer shall
provide to the Administrator for approval, prior to the
development of the tract by the developer or prior to the
sale to a subsequent owner of such property, a boundary
drawing showing the tract and the building parcel therein
(when applicable) and the square footage assigned to the
property. The drawing shall also show the location and size
of access to those fractional parts that do not abut a public
street.
In the event any tract or building parcel is sold by any
subsequent owner, as identified in Section 2.06, in
fractional parts to other parties for development, the
subsequent owner shall provide to the Administrator, for
approval, prior to development of the tract by the developer
or prior to the sale to a subsequent owner of a fractional
part, a boundary drawing showing his originally purchased
tract or building parcel and the.fractional parts therein and
the square footage assigned to each of the fractional parts.
The drawing, shall al~o show the location and size of access
to those fractional parts that do not abut a public street.
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,!.
The developer of any tract must submit a Conceptual Site Plan
for the entire tract in accordance with Section 2.07 of this
document prior to Final Site Development Plan submittal for
any portion of that tract. The developer may choose not to
submit a Conceptual Site Plan for the entire tract if a Final
Site Plan is submitted and approve(] for the entire tract.
The developer of any tract or building parcel must submit,
prior to or at the same time of application for a building
permit, a detailed site development plan for his tract or
parcel in conformance with the Zoning Ordinance requirements
for site development plan approval. This plan shall be in
compliance with any approved Conceptual Site Plan as well as
all criteria within this document.
In evaluating the fractionalization plans, the Adminis-
trator's decision for aproval or denial shall be based on
compliance with the criteria and the development intent as
set forth in this document, conformance with allowable amount
of building square footage and the reasonable accessibility
of the fractional parts to public or private roadways, common
areas, or other means of ingress and egress.
If approval or denial is not issued within ten (10) working
days, the submission shall be considered automatically
approved. ,
2.07 PUD CONCEPTUAL SITE PLAN'APPROVAL-PROCESS
When PUD Conceptual site plan approval is desired or required by
this document, the following procedure 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:
Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions for
ingress and egress, off-street loading areas; yards and
other open spaces.
Plans showing proposed locations for utilities hookup.
Plans for screening and buffering.
In the case of cjustered buildings required property
development regulations may be waived or reduced provided a
site plan is approved under this section.
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Ce
2.08
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
R~view 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'PROCESS
Site Development Plan approval, when desired or requested by this
document, shall follow the procedure as outlined in the Zoning
Ordinance. '
SECTION III
PROJECT DEVELOPMENT
3.01 PURPOSE
The purpose of this section is to generally describe the project
plan of the development and delineate the general conditions that
will apply to the entire project.
3.02 GENERAL PLAN OF DEVELOPMENT
The general plan of development of THE WOODLANDS is for a planned
residential community carefully integrating a mixture of single
family and multi-family dwelling units with a golf and country
club, neighborhood commercial, business and office center, water
recreational facilities, bicycle and jogging trails and protected
wetlands.
3.03 WETLANDS
TWe applicant recogniz~s the tmp6rtance of the wetland areas. The
applicant also recognizes the importance of setting aside and not
developing those areas and other areas which are environmentally
sensitive. The applicant has utilized the best engineering,
environmental and planning techniques to integrate the needs of
the future residents of the community and the public interest in
planning its careful and limited use of environmentally sensitive
areas. This plan offers ample open space and other amenity areas
to the residents. ·
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SECTION IV
LAND USE AND REGULATION
4.01 PURPOSE
The purpose of this section is to set forth the land use and regu-
lations for development of the property identified on the master
plan.
4.02. PROJECT PLAN & LAND USE TRACTS
The project plan, including street lay-out and land use, is illus-
trated in Exhibit "E", "Development Plan". Included is a schedule
of the intended land use types with approximate acreages and
maximum dwelling units indicated. Minor variation in acreages
shall be permitted at final design to accomodate topography,
vegetation and other site conditions. The specific location and
size of individual tracts shall be submitted to the Director prior
to application of building permits in accordance with
Section 2.06, Development and Fractionalization of Tracts.
4.03 PROJECT DENSITY
The total acreage of the THE WOODLANDS is approximately 500 acres.
The maximum number of dwelling units to be built on the total
acreage is 1460. The number of dwelling units per gross acre is
approximately 2.92. The density on individual parcels of land
throughout the project will vary according to the type of housing
employed on each parcel of land.
4.04 SEQUENCE AND SCHEDULING
The applicant has not set "stages" for the development of the
prop~rty; however, it ~s estimated that total build out will take
approximately seventeen to twenty years. Exhibit "F" indicates,
by phase, the estimated absorption of units (by unit type) over
the approximate life of the build out of the project. The
estimate may, of course, change depending upon future economic
factors.
4.05 RECREATIONAL FACILITIES AND'SCHEDULE
The following recreational facilitie~ are scheduled to be con-
structed for the use of the residents of THE WOODLANDS, although
some of the facilities may be private in nature and require
membership and membership fees. The schedule for development of
these facilities relates to the absorption schedule of the project
towards build-out.
1. Clubhouse and Golf Course with 18 holes, tennis and
related country club facilities (117.41 acres);
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2. Swimming pool;
3. Bicycle paths and sidewalks;
4. Nature trails; *
5. Passive recreational uses of wetlands and transitional
areas (Preservation 91.40 acres minimum)! *
6. Parks (3.9 acres minimum).
* Subject to receipt of n~cessary environmental and other permits
ahd approvals from applicable governmental agencies.
LAND USE TYPE
TABLE- 1
T}{ E WOODLANDS
LAND- USE' SCHEDULE
DWELLING UNITS
~etached Sin$1e Family ........ 125
Vlllas/Townhouses/Cjuster ...... 258
Garden Apartments .................. 1,077
TOTAL 1,460
ACREAGE
RESIDENTIAL
COMMERCIAL (200,000 sq. ft. maxthum)
GOLF AND COUNTRY CL6B
NATURE PRESERVE, PARK AND WILDLIFE SANCTUARY
159.0 Acres
15 +/-Acres *
117.41 Acres
91.40 Acres
*Exact acreage to be determined at time of site development and
fractionalization, but will not exceed 15 acres.
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SECTION V
GOLF COURSE
5.01 PURPOSE
The purpose of this section is to set forth regulations for the
area designated on Exhibit "E", "Development Plan", as Golf
Course.
5.02. PE]U{ITTED USES AND STR~CTURES
No building or structure, or part thereof, may 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. Golf Course
2. Colf Clubhouse and Country Club
3. Water Management Facilities
B. Permitted Accessory'Uses'and-StructureR
1. Pro-shop, practice driving range, and other
customary accessory uses of golf courses or
other recreational facilities.
2. Small commercial establishments, including gift
shops, golf equipment sales, restaurants,
cocktail lounges, and similar uses intended to
exclusively serve patrons of the golf and
country c~ub or other permitted recreational
facilities.
3. Sl~uffleboard courts; swimming pools, and other
types of facilities intended for recreation.
4. Tennis and other racquet sports courts.
5. Maintenance shops and equipment storage.
6. Non-commerqial plant nursery.
C. ~eneral Requirements
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.
Buildings shall be set back a minimum of fifty
(50) feet from abutting residential districts
and twenty five (25) feet from tract b~undaries
except commercial areas and the set back areas
shall be landscaped and maintained to act as a
buffer zone~
Lighting facilities shall be arranged in a
manner which will protect roadways and neigh-
boring properties from direct glare or other
interference.
Maximum ~ei h~
Fifty (50) feet above the finished grade of the
lot.
Off-Street ~arkin~
The off-street parking will be as required by the
zoning ordinance of Collier County.
Off-Street Parking Landsca~in~
Landscaping shall'be provided as required by the
zoning ordinance of Collier County.
Storase of Toxic Substances
Storage of substances identified on EPA Toxic Substance
List shall be in accordance with Section 11 hereof.
SECTION VI
6.01 PURPOSE
NATURE PRESERVE AND WILDLIFE SANCTUARY
The purpose of this section is to set forth the function, treat-
ment and use of the Preservation Area designated as such on
Exhibit
6.02 FUNCTION
~he p~i~ary function shall be the preservation of an attractive
resource community, wildlife habitat and sanctuary, retention of
water during rainy seasons and a ground recharge area as well as a
water quality improvement facility. The area will also provide
unique recreational opportunities and an aesthetic experience for
the pleasure of project residents.
6.03 TREATMENT USE
The treatment of these areas shall be the preservation and protec-
tion of flora and fauna with the exception of jogging trails,
boardwalks, nature trails, and roadways upon approval by the
Natural Resources Management Director. Another objective will be
to prohibit vehicles and construction equipment, unless
specifically approved by the Natural Resources Management Director
for maintenance, limited access or other required or permitted
activity. Removal of obnoxious exotics, ie. Melaluca, Schinus,
and others in accordance With County Ordinances 82-37 and 82-11]
as amended, will be required.
A. maintaiPed water management system that meets the requirement of
agency permits will be established for the area. The water
management system for the project will restore the historical
water levels and water level fluctuations within the current
adversely impacted cypress strand. Surface water runoff will be
directed through grassed areas and swales into numerous lakes to
provide retention and bio-physical scrubbing of pollutants. The
lakes will in turn discharge into the natural cypress flow-way
which will provide additional retention, filtration and uptake of
materials within th~ water column. [See Water Management Plan
submitted with this application or as my be revised and/or updated
for further details.]
In areas of vegetative types which are protected by ordinance or
law, development shall be limited so as to preserve and maintain
the vegetation as much as practicable. Minor passive recreational
facilities may be permitted upon approval of the Natural Resources
Management Department, Planning Department and any other
appropriate County Departments upon submittal of conceptual site
plan. The final design and location of roadways and water
management berms crossing this area shall be approved by the
County Engineer, Natural Resources Management Director, other
appropriate County departments, and other governmental permitting
agencies.
6.04 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, may be erected, altered
or used, or land or water used, in whDle or in part, for other
than the following:
A. Permitted Princi~al'Uses'and'~tructures
1. Limited aCCesS roads.
2. Nature trails and Boardwalk.
3. Paths and bridges to provide access from the
uplands through the area.
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6.05. REGULATIONS
A. General
4. Water management facilities.
Other facilities for recreation, conservation
and preservation when approved by the Director and
Natural Resources Management Director.
Permitted Accessor~ Uses and Structures.
Accessory uses and structures customarily
associated with the uses permitted in this
district, upon approval by Director and Natural
Resources Management Director.
All development including clearing, grading and/or other
earth work shall be in accordance with the commitments
in Section XI of this document and approved by the
Natural Resources Management Department.
All structures or other development sh&ll be subject to
receipt of necessary permits and authorizations from
applicable County, State and Federal Governmental
agencies.
SECTION VII
DETACHED'SINGLE'FAMILY
7.01 PURPOSE
The purpose of this section is to set forth the regulations for
the parcels designated on Exhibit "£" "Development Plan" and Table
1 as Detached Single Family (S.F.).
7.02 MAXIMUM DWELLING UNITS
A maximum of 125 dwelling units may be constructed in S.F. areas.
7.03 PERMITTED USES ~ STRUCTURES
No building or structure, or part thereof, may be erected, altered
or used; or land or water used, in whdle or in part, other than
the following:
A. Permitted Princi~l'Uses &-Structures
1. Single family detached dwellings.
2. water management facilities
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3. Open spaces and related recreational
facilities.
Be
Permitted Accessor~ Uses &'Structures
1. Customary accessory uses and structures,
eluding private garages.
2. Model homes in conjunction with promotion of
the development for a period not to exceed
three years from the initial use as a model.
3. Temporary sales facilities for a specific project
for the initial sale of residences or lots as
permitted by'zoning ordinance in effect at time
building permit is requested.
REGULATIONS
A. General
Ail yard set backs, etc., shall be in relation to the
individual lot line boundaries.
B. Minimum Lot Area
All lots in this section shall have at least
(8,000) square feet.
C. Minimum Yard Set Backs
1. Front yard - 25 feet.
2. Side yard - 10 feet.
3. Rear yard - 15 feet.
D. Minimum Floor Area
Mimimum floor area shall be 1250 square feet.
E. Off-Street Parking
Two parking spaces shall be required for each
dwelling unit. ,
F. Maximum,Height
Thirty five feet above finished grade of lot. Accessory
buildings limited to fifteen feet above finished grade
of lot.
G. Minimum Lot Width
1. Corner Lot - 95 feet.
2. Interior Lot - 80 feet.
SECTION VIII
VILLAS -'TOWNHOUSES'-'CjustER
?'~ 8.01 PURPOSE
The purpose of this section is to set forth the regulations for
'the areas designated on Exhibit WE" Development Plan and Table 1
as Villas - Townhouses - Cjuster ("V/TH").
8.02 MAXIMUM DWELLING UNITS
A maximum of 258 dwelling units may be constructed 'in all of the
"V/TH" parcels.
8.03 PErmITTED USES &'STRUCTURES
No building or structure, or part thereof, may be erected, altered
or used, or land or water used, in whole or in part, other than
the following:
A. Permitted Princi~al'Uses'&-Structures
1. Single family units as individual structures or
as combinations up to and including eight at-
tached units per structure. Such unit types as
single family attached, duplex, patio, cjuster
attached, cjuster detached, villa attached or
detached, townhouses and zero lot lines are
permitted.
2. Water management facilities.
:' 3. Parks, open spaces and other recreational out-
'~' door facilities.
4. Tennis courts, handball and racquetball courts,
swimming pools, shuffleboard courts and other
similar facilities.
5. Sewage treatment, water %reatment and water
storage.
Permitted Accessor~-Uses'&-Structures
1. Customary accessory uses and structures includ-
ing private garages.
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Ilia i
8,04
Signs as permitted by the zoning ordinance of
Collier County in effect at the time a building
permit is requested.
Model homes in conjunction with promotion of the
development for a period not to exceed three years
from the initial use as a model.
Temporary sales facilities for the initial sales of
units for a specific project as permitted by zoning
ordinance in effect at the time building permits are
requested. ',
REG[] LAT IONS
A. Site Plan Desi~q
The overall site plan design shall be harmonious in
terms of landscaping and enclosure of structures,
location of access streets and parking areas and
location and treatment of buffer areas.
B. ~,i~,~tin~ Facilities
Lighting facilities will be arranged in a manner which
will prote~t roadways and neighboring properties from
direct glare or other interference.
~axi~um ~ei~ht
· hirt¥ five feet a~ measured from the finished grade of
the site.
De
Minimum'Sea-Back-Requirements
All principal use buildings, shall be set back a minimum
of 25 feet from tract boundaries. All other uses shall
be set back a minimum of 15 feet from fractionalized
tract boundaries.
Distance Between-Structures
Between any two principal structures - one-half the sum
of their heights but not less than 15 feet.
Minimum Floor-Area
Principal use structure where identified in Section
8.03 shall be as follows:
,One story structures shall contain not less
than 1000 square feet.
S ill
SECTIO}! IX
GARDEN A'PARTMENTS
.9.01 PURPOSE
The purpose of this section is to set forth the regulations for
the area designated on Exhibit "E" Development Plan and Table 1 as
Garden Apartments ("GA").
9.02. }~XIMUM DWELLING UNITS
i!~]~ A maximum number of 1,132'dwelling units may be constructed in all
Il ' of the Garden Apartment parcels.
9.03 USES PERMITTED
No building or structure, or part thereof, shall be erected, al-
tered or used, or land or water used, in whole or part, for other
than the following:
Princi~al..~ses
1. Multi~family residential buildings.
2. Parks, open spaces and other recreational
facilities.
3. Water management facilities.
4. Signs as permitted by the Zoning Ordinance in affect
at the time a building permit is requested.
Permitted ~ccessor~'Uses'and'Structures
1. Customary accessory uses and structures, in-
cluding p~ivate garages.
2. Model dwelling units in conjunction with the
promotion of the development for a period not
to exceed three years from the initial use as a
model.
3. Swimming pools, tennis courts, racquet courts
and related facilities.,
Temporary s~les facilities may be permitted for the
initial sales of units for a specific project in
accordance with zoning ordinance in effect at the
time building permits are requested.
5. Signs as permitted by zoning ordinance in effect at
time building permit is requested.
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REGULATIONS
A. Lot Area
Two acres minimum.
B. Lot Width
Two hundred feet minimum.
C. ~et~ht of Buildings
Three habitable :floors above parking. A maximum of
seven habitable floors above parking may be
approved to pro~ect existing natural vegetation upon
approval of the Director and Natural Resources Director
through a conceptual or final site development plan.
Buildings adjacent to the projects boundary property-
line shall not be approved for the additional height.
D. Minimum Yard Setback
Fifty feet from major collector ro~ds designated on
the Master Plan, twenty-five feet from tract or
development parcel lines and/or from the edge of
the gutter or private road, twenty-five feet or
one-half the height of the structure, whichever is
greater, except that detached accessory structures
shall be set back twenty feet or one-half the
height, whichever is greater.
Distance Between'Structures
1. Between any two principal structures -- one-
half the sum of their heights.
2. Between any two accessory structures -- one-
half the ~um of their heights.
In the case of clu~tered buildings with common
architectural themes, the distance may be less,
provided conceptual and/or final site
development plan is approved.
F. Minimum Living'Area
750 square feet of living area per dwelling unit within
principal strucfure.
G. Off-Street Parkin~
Principal use structures which are identified
herein shall contain a minimum of two parking
spaces per dwelling unit. The Director may permit
-15-
a I/2 space per unit to be unpaved when
circumstances indicate infrequent use. However,
those unpaved spaces shall be left in natural
vegetation and reserved for future paving if deemed
to be necessary by the Zoning Director.
Off-Street Parking Landscaping
Landscaping shall be provided as required by the
zoning ordinance of Collier County in effect at the
time a building permit is requested.
Buffer Area
A landscaped buffer shall be provided along any tract
boundary adjacent to the ~odlands project boundary
including adjacent to the roadway along the east and
west project boundaries. A landscaped buffer is not
required along tract boundaries adjacent to internal
roadways where a preservation area exists or where the
golf course exists. The design of the buffer shall meet
the standards of the Zoning Ordinance in effect at the
time building permits are requested. The buffer shall
incorporate existing natural vegetation.
;. 1,0.01
SECTION X
COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER
PURPOSE
The purpose of this section is to set forth the plan and regula-
tions for the areas designated on Exhibit "E" Development Plan as
Community Shopping and Business Office Center
10.02 PERMITTED USES & STRUCTURES
No building or structure, or part thereof, may be erected, altered
or used, or land or water used, in whole or in part, for other
than the following:
A. Permitted Uses
Antique shops ·
Appliance stores
Art studios
Art supply shops
Automobile parts stores
Automobile service stations
Bakery shops
Banks and financial institutions
* Automobile service stations shall only be ~.~.lowed from and after
two (2) years from the date of this Development Order, unless
prohibited or otherwise restricted as provided in Section 1].12(L)
hereof.
-16~
9. Barber and beauty shops
10. Bath supply stores
11. Bicycle sales and services
12. Book stores
13. Carpet sales-not including storage or installation
14. Child care center subject to site plan approval
15. Clothing stores
16. Cocktail lounges
17. Confectionery and candy stores
18. Delicatessens
19. Drapery shops
20. Drug stores
21. Dry goods stores
22. Florist shops
23. Food Markets
24. Furniture stores
25. Gift shops
26. Gourmet shop
27. Hardware stores
28. Health food stores and health facilities
29. Hobby supply stores
30. Ice cream stores
31. Interior decorating showrooms and office
32. Jewelry stores
33. Laundries
34. Liquor stores
35. Locksmith
36. Medical clinics
37. Millinery shops
38. Music stores
39. Offices, general and professional
40. Office supply stores
41. Paint and wallpaper stores
42. Pet shops and supplies
43. Photographic equip~ent stores
44. Post office
45. Radio and television sales and service
46. Restaurants
47. Shoe sales and repairs
48. Shopping centers
49. Souvenir stores
50. Stationery stores
51. Tailor shops
52. Tile sales - ceramic tile
53. Tobacco shops
54. Toy shops
55. Tropical fish stores
56. Variety stores
57. Veterinary offices & clinics (no outside Kenneling)
58. Watch and precision instrument repair shops
59. Any other commercial use or professional
service which is comparable in nature with the
foregoing uses and which the Director determines to
be compatible in the district.
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10.03
10.04
10.05
',Il 10.06
10,07
10.08
iii1!
60. Water management facilities.
B. Permitted Accessory Uses and Structures
Accessory uses and structures customarily
associated with the uses permitted in this
district.
2. Temporary sales/information facilities may be
permitted at the Director's discretion.
MINIMUM YARD REQUIREMENTS
Buildings shall be set bac~ a minimum of 35 feet from all roadways
and tract boundaries. A buffer area of at least 10 feet shall be
maintained between parking areas and any roadways or residential
parcels.
BUI~)ING SEPARATION
All buildings shall be separated 20 feet or one-half the sum of
their heights whichever is greater except that in the case of
cjustered buildings with a common architectural theme these dis-
tances may be less provided that a site development plan is
approved by the Director.
MINIllUM FLOOR AREA OF PRINCIPAL~STRUCTURES
One thousand square feet per building on the ground floor except
that free standing specialty structures of nationally recognized
standard size less than one thousand square feet shall be permit-
ted ~;hen site development plan approval has been received.
MAXI}[UM HEIGHT
50 feet above finished grade of lot.
MINI}{UM OFF-STREET PARKING'&'OFF-STREET'LOADING'REQUIREMENTS
As required by the zoning ordinance of Collier County.
MINID[UI4 LANDSCAPING REQUIREMENTS
As required by the zoning ordinance of Collier County.
SIGN/,GE
Signs as permitted by the.Zoning Ordinance in effect at the time a
permit is requested.
CONC]~:PTUAL SITE PLANREVIEW
A conceptual site plan for each commercial tract as shown on the
Mast Plan shall be submitted for review and approval prior to
fracttona]izatton of the tract.
Th~ existing 11.6 acre commercial parcel on the southeastern
corner of the project can be expanded to a maximum of 15 acres
this location to the wetland demarcation line so long as the
entrance does not split the commercial tract. If the best
location of the entrance road would split the commercial tract,
the same will be subject to approval by the Collier County
Planning Commission.
SECTION
GENERAL DEVELOPMEKT COMMITMENTS
11.01
PU;~OSE
Th~ purpose of this section is to set forth the standards for
deYelopmen~ of the project.
11.02 PUD MASTER DEVELOPMENT'PLAN
A. The PUD Master Plan and the Development Plan illus-
trate a preliminary development plan.
The design, criteria and lay-out iljustrated in the
Master Plan and Development Plan shall be understood
as flexible so that the final design may comply with
all applicable requirements and best utilize the
existing natural resources.
Ce
Ail necessary easements, dedications or other in-
struments shall-be executed or granted to insure the
continued operation and maintenance of all service
utilities.
Minor design changes which are in the spirit of this
document are permitted subject to staff review and
approval. Staff shall review any proposed change
for compliancW with this PUD document, compliance
with the general intent of the Master Plan,
compatibility with surrounding uses, and maintenance
of the preservation areas.
Overall site design shall be harmonious in terms of
landscaping and enclosure of structures, location of
all improved facilities and location and treatment
of buffer areas.
-19-
F. To protect the integrity of the Planned Unit
Development, the access roads (with the exception of
the commercial area) may be private roads as shown
on the Development Plan which may be protected by a
guard house or other limited access structure with
the exception of temporary construction roads neces-
sary to construct and build certain facilities on
the project.
' G. Water management facilities and lakes shall be only
the size and depth required to meet the needs of the
developer for fill on the property or as required
for water management and water quality purposes. The
developer shall use the material excavated from these
lakes as fill as needed on the site for road, building
and general site grading.
1~.03 CLEARING, GRADING, EARTH'WORK'&-SITE'DRAINAGE
All clearing, grading, earth work and site drainage shall be per-
formed in accordance with all applicable state and 1OCdl codes.
Environmentally sensitive areas and protected plant species will
be carefully marked and protected during construction using the
best available management techniques so as not to harm any such
areas or plants.
1.04 UTILITIES
A. Water and Sewer
1. water distributions and sewage collection and
transmission systems will be constructed throughout the
project development by the developer pursuant to all
current requirements of Collier County and the State of
Forida. Water and sewer facilities constructed within
platted rights-of-way or within utility easements
required by the County shall be conveyed to the County
for ownership, operation and maintenance purposes. Ail
water and sewer facilities constructed on private
property and no~ required by the County to be located
within utility easements shall be owned, operated and
maintained by the Developer, his assigns or successors.
~ Upon completion of construction of the water and sewer
facilities within the project, the facilities will be
tested to insure they meet Collier County's minimum
requirements at which time they will be conveyed or
transferred to the County, when required by the Utilities
~ Division, pursuant to appropriate County Ordinances and
Regulations in effect at the time conveyance or transfer
is requested, pri~r to being placed into service.
2. All construction plans and technical specifications and
proposed plats, if applicable, for the proposed water
distribution and sewage collection and transmission
-20-
facilities must be reviewed and approved by the Utilities
Division prior to commencement of construction.
All customers connecting to the water distribution and
sewage collection facilities will be customers of the
County and will be billed by the County in accordance
with the County's established rates. Should the County
not be in a position to provide water and/or sewer
service to the project, the water and/or sewer customers
shall be custogers of the interim utility established to
serve the project until the County's off-site water
and/or sewer facilities are available to serve the
project.
It is anticipate~ that the County Utilities Division will
ultimately supply potable water to meet the consumptive
demand and/or receive and treat the sewage generated by
this project. Should the County system not be in a
position to supply potable water to the project and/or
receive the project's wastewater at the time development
commences, the Developer, at his expense, will install
and operate interim water supply and on-site treatment
facilities and/or interim on-site sewage treatment and
disposal facilities adequate to meet all requirements of
the appropriate regulatory agencies.
An Agreement shall be entered into between the County and
the Developer, binding on the Developer, his assigns or
successors, legally acceptable to the County, prior to
the approval of construction documents for the proposed
project, state that:
a) The proposed water supply and on-site treatment
facilities and/or on-site wastewater treatment and
disposal facilities, if required, are to be constructed
as part of the proposed project and must be regarded as
interim; they ~hall be constructed to State and Federal
standards and are to be owned, operated and maintained by
the Developer, his assigns or successors until such time
as the County's off-site water facilities and/or off-site
sewer facilities are available to service the project.
The interim treatment facilities shall supply services
only to those lands approved by the County for
development. The utility facility(les) may not be
expanded to provide water and/or sewer service outside
the development boundary approved by the County without
the written con~ent of the County.
b) Upon connection to the County's off-site water
facilities, and/or sewer facilities, the Developer, his
assigns or successors shall abandon, dismantle and remove
from the site the interim water and/or sewage treatment
facility and discontinue use of the water supply source,
if applicable, in a manner consistent with State of
-21-
Florida standards. All work related with this activity
shall be performed at no cost to the County.
c) Connection to the County's off-site water and/or
sewer facilities will be made by the owners, the assigns
or successors at no cost to the County within 180 days
after such facilities become available. The cost of
connection shall include, but not be limited to, all
engineering design and preparation of construction
documents, permitting, modification or refitting of
sewage pumping facilities, interconnection with County
off-site facilities, water and/or sewer lines necessary
to make the connection(s), etc.
d) At the time ~ounty off-site water and/or sewer
facilities are available for the project to connect with,
the following water and/or sewer facilities shall be
conveyed to the County pursuant to appropriate County
Ordinances and Regulations in effect at the time:
l) Ail water and/or sewer facilities constructed in
publicly owned rights-of-way or within utility
easements required by the County within the project
limits and those additional facilities required to
make connection with the County's off-site water
and/o~ sewer facilities; or
2) Ail water and sewer facilities required to
connect the project to the County's off-site water
and/or sewer facilities when the on-site water and/or
sewer facilities are constructed on private property
and not required by the County to be located within
utility easements, including but not limited to the
following:
a) Main sewage lift station and force main
interconnecting with the County sewer facilities
including all utility easements necessary;
e) The customers served on an interim basis by the
utility system constructed by the Developer shall become
customers of the County when County water and/or sewer
facilities are available to serve the project and such
connection is made. Prior to connection of the project
to the County's water and/or sewer facilities the
Developer, his assignes, or succezsors shall turn over to
the County a complete list of the customers served by the
interim utilities system and shall not compete with the
County for the ~ervice of those customers. The Developer
shall also provide the County with a detailed inventory
of the facilities served within the project and the
entity which will be responsible for the water and/or
sewer service billing for the project.
~'22-
f) Ali construction plans and technical specifications
related to connections to the County's off-site water
and/or sewer facilities will be submitted to the
Utilities Division for review and approval prior to
commencement of construction.
g) The Developer, his assigns or successors agree to pay
all system development charges at the time that Building
Permits are required, pursuant to appropriate
County Ordinances and Regulations in effect at the time
of Permit request. This requirement shall be made known
to all prospective buyers of properties for which
building permits will be required prior to the start of
building construction.
h) The County at its option may lease for operation and
maintenance the water distribution and/or sewage
collection and transmission system to the project
Developer or his assigns for the sum of $10.00 per year.
Terms of the lease shall be determined upon completion of
the proposed utility construction and prior to activation
of the water supply, treatment and distribution
facilities. The Lease, if required, shall remain in
effect until the County can provide water and/or sewer
service through its off-site facilities or until such
time that bulk rate water and/or sewer service agreements
are negotiated with the interim utility system serving
the project.
B. Data reguired under County Ordinance No. 80-112 showing
the availability of sewage service, must be submitted and
approved by the Utilities Division prior to approval of the
construction documents for the project. Submit a copy of the
approved DER permits for the sewage collection and
transmission systems and the wastewater treatment facility to
be utilized, upon receipt thereof.
C. If an interim on-site water supply, treatment and
transmission facility is utilized to serve the proposed
project, it must be properly sized to supply average and peak
day domestic demand, in addition to fire flow demand at a
rate approved by the appropriate Fire Control District
servicing the project area.
D. When the County has the ability to provide sewage
treatment and disposal and/or water supply and distribution
services, the Developer, his assigns %r Suc6essors'will
responsible to connect to these ~acilities at a poiht to be.
mutually agreed upon by the County and the Woodlands owner,
with the Woodlands assuming all costs for the connection work
to be performed.
E. The project's Owner(s), his assigns or successors shall
negotiate in good faith with the County for the use of
treated sewage effluent within the project limits, for
-23-
irrigation purposes. The Owner would be responsible for
providing all on-site piping and pumping facilities from the
County's point of delivery to the project and negotiate with
the County to provide full or partial on-site storage
facilities, as required by the DER, consistent with the
volume of treated wastewater to be utilized The Woodlands has
first rights to effluent generated by the project.
F. The County may require, and the developer agrees to
furnish a site up to 2 acres in size for 2 M.G. storage tank
and re-pump facility at a mutually agreeable location. The
County has until January l, 1990 to notify the owner if the
site will be required, The owner shall set aside the site
for County use. In the event the tank and/or re-pump
facilities have not been installed by 1995, the County shall
relinquish its interest in the site.
It is understood that the County may require the Woodlands to
install a water storage tank on site if County water
facilities are not available at the time occupancy of the
development has commenced. Should the County desire to
oversize these facilities in anticipation of future demands
and growth when the County's water facilities are available
to serve the project, the County shall negotiate a
satisfactory method of reimbursement to the developer for
such oversizing.
G. Construction and ownership of the water and sewer
facilities, including any proposed interim water and/or
sewage treatment facilities, shall be in compliance with all
Utilities Division Standards, Policies, Ordinances, etc. in
effect at the time construction approval is requested.
H. Prior to approval of construction documents by the
Utilities Division, the Developer must present verification,
pursuant to Chapter 367, Florida Statutes, that the Florida
Public Service Comr~ission has granted territorial rights to
the Developer to provide sewer and/or water service to the
project until the County can provide these services through
its water and sewer facilities.
I. A detailed hydraulic design report covering the water
distribution system to serve the project must be ~ubml~te8
with the construction documents for the pro~ect. The re~ort
shall list all design assumptions, d~mand rates and other
11.05 SOLID WASTE DISPOSAL
Necessary arrangements and agreements shall be made with an ap-
proved solid waste disposal service to provide for solid waste
collection service to all areas of the project.
-24-
,: -
11.06
RECREATIONAL FACILITIES
The nature trails, bike paths, and other recreational areas and
facilities and access thereto shall be maintained by a home owners
association. In addition, any future recreational facilities, as
may be needed by the futare residents of this project, shall be
funded through a system of revenues collected by the home owners
association. Every residential unit owner of the development
shall become a.member of the home owners association°
11.07 TRAFFIC IMPROVEMENTS
The proposed "loop" road within the project shall be
classified and built to County Subdivision requirements
for a minor collector.
The PUD document, section ll.02-F, states that the roads
may be private with the exeception of the access road
through the commercial area. The road through the
commercial area may possibly be designated public
providing all design requirements and stipulations of the
Engineering Department are complied with at time of
design and construction.
The project shall be provided with one additional point
of access t.o the "loop" road for emergency vehicle use.
This access will be located along the west boundary as
shown on the master plan.
The developer shall dedicate right-of-way along the
eastern boundary of the project to be utilized as part of
the County's future arterial network system. The
developer shall dedicate enough right-of-way so that the
County will have ~20 feet of right-Of-way from County
Road 846 to the northern project boundary, taking into
consideration the existing 30 foot easement on the west
border of Section 22 for approximately the first one-half
mile on the soStherly portion of Section 22.
All access roads/drives shall be limited to the access
points shown on the master plan. The proposed commercial
areas shall not have direct access to Immokalee Road, all
drives shall be connected to the access roads built by
this project.
Ail traffic control devices used, excluding street name
signs, shall conform with the MUTCD (Chapter 316.0747,
F.S.).
If the four laning has not been started, the developer
shall pcovide an eastbound left turn storage lane and a
westbound deceleration lane at each project entrance
before any certificates of occupanc~ are issued.
-25-
he
The developer shall provide a fair share contribution
toward the capital cost of a traffic signal at any
project entrance when deemed warranted by the County
Engineer. The signals shall be owner, operated and
maintained by Collier County.
The developer shall provide arterial level street
lighting at each project entrance. The operating and
maintenance costs of these units shall be assumed by
Collier County.
11.08. STREETS
The streets within the project may be privately owned and main-
tained, with the exception of the north/south right-of-way ease-
ment on the eastern boundary of the project. The access streets
which cross environmentally sensitive (permit required) areas will
be minimized in width to reduc~ impacts on the environment upon
approval of th~ County Engineer and the Natural Resources '
Mana~;ement Department. T~pical s~'ct'io'~s ac~ attached as Exhibit
11.09 EXCEPTIONS TO COUNTY'SU3DIVISION'REGULATIONS
Article X,,Section 19: Street name signs shall be
approved by the County Engineer but need not meet
U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control
Devices. Street pavement painting, striping, and
reflective edging requirements shall be waived, except at
entrances.
Article XI, Section 17.F & G: Street right of way
and cross-section for specified roads shall be as
shown on Exhibit ~G"; provided that a sidewalk or
bikepath be provided on both sides of four lane
roads and the ~loop" road shall meet subdivision
requirements for a minor collector. For purposes of
this requirement the east north/south road will be
considered a two lane road.
C. Article XI, Section 17.H: The 1,000 feet maximum
dead-end street length requirement shall be changed to a
maximum of 2000 feet. The road on the east
boundary of the project is not subject to this
limitation. '
D. Article XI, Sec{ion 17.I: Back of curb radii at
street intersections shall be a minimum of 30 feet
for local roads only.
E. Article XI, Section 17.K: The requirement for 100
feet tangent sections between reverse curves of
-26-
"+ 11.11
11.12
streets will be waived if agreed upon by the County
Engineer and the NRMD.
Article XI, Section 21: The requirement for blank
utility casin~s shall be waived except at entrances,
subject to installation of utilities prior to street
construction.
G. Article XI, Section 10: The requirement that PRM's be
installed in typical water value cover is waived.
POLLING PLACES
· Polling Places shall be p~ovfded in accordance with Section 9.11
of the Zoning Ordinance, and as may be amended in the future.
ENVIRONMENTAL STIPULATIONS
A site clearing plan shall be submitted to the Natural
Resources Management Department and the Community Development
Division for their review and approval prior to any
substantial 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, and
other facilities have been oriented to accomodate 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 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.
Ce
All exotic plants, as defined in the County Code, shall be
removed durxng 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 aqd approved by the Natural
Resources Management Department and the Community Development
Division.
A site archaeological survey will be conducted prior to
commencement of construction. If during the course of site
clearing, excavation, or other constructional activities, an
archaeological ~r historical site, artifact, or other
indicator is discovered, all development at that location
- 27 -
shall be immediately stopped and the Natural Resources
Management Department notified. Development will be
suspended for a sufficient length of time to enable to
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 effici~nt manner so as to
provide only a minimal interruption to any constructional
activities.
Once specific site clearing plans are submitted, boundaries
of areas proposed for development shall be set and flagged in
the field by the petitioner, subject to approval by NRMD.
Boundaries of areas proposed for preservation shall be set
and flagged in the field by the petitioner, subject to
approval by NRMD.
A monitoring program shall be designed by the Petitioner
subject to review and approval by NRMD to determine
concentrations of potential pollutants in the parcel's lakes,
preserves, and groundwater. The details of the monitoring
program shall be mutually agreed upon between the petitioner
and the NRMD at a date prior to the commencement of site
development. Details of the monitoring program are hereby
incorporated by reference into this PUD document. The
monitoring program shall include:
1. Surface water in lakes, cypress preserves, and other
retention areas;
2. Ground water monitoring of selected locations;
3. Lake sediment monitoring;
4. A sampling frequency adequate to allow assessment of
pollution;
5e
If any violation of the State water quality standards are
attributable to the development, the causation will be
modified or stopped (if deemed necessary to NRMD) and
remedial action taken and, upon the request of NRMD,
more intensive monitoring will occur. Lastly, if during
this monitoring program a wellfield protection ordinance
is adopted by Collier County, the Woodlands shall be
subject to the more stringent of the two programs.
Storage of any substances identified in the EPA Toxic
Substances Control Account List (Chapter 40, CFR 261, also
adopted by the State as FAC 17-30) must be in the facility
and the location subject to the approval of NRMD.
It has been agreed that the location of the Bi-County
Corridor is to be located along the eastern boundary of the
- 28 -
Je
property. The County is considering two alternative routes'.
Determination of the final alternative will be subject to
review and approval by the owner and the Natural Resources
Management Department.
The petiti~ner shall satisfy all state (Florida Game and
Fresh Water Fish Commission) and federal (United States Fish
and Wildlife Service) stipulations concerning protected plant
' and animal species.
FOr all of the stipulations above, mutual agreements must be
reached between NRMD (and/or other County departments as
indicated) and prsonnel of the Woodlands develo[-ment. If
mutual agreements cannot be reached, the matter will be
brought before the EAC or whatever County environmental
review board is in pdwer at the time of disputes; this
governing entity w~ll act as an arbitrator for disputes. If
arbitration is futile, the matters will be brought before the
Board of County Commissioners (BCC), the BCC to act as the
final arbitrator.
The County is considering adoption of an ordinance which may
prohibit, limit, require additional safeguards, or otherwise
control and regulate activities within the Coral Reef Aquifer
relating to the storage and/or distribution of petroleum
products. Assuming there have been no permits issued for an
automobile service station for this project [see 2 year
moratorium on s%me in Section 10.02(A}(6) hereof], at the
time of adoption of said ordinance, this project shall be
subject to said ordinance and developer recognizes that the
same may prohibit or regulate automobile service stations in
this project.
ll.13 WATER MANAGEMENT STIPULATIONS
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 th6 submitted plans is granted by the Water
Management Advisory Board and the County Engineer.
Construction of all water management facilities shall be
subject to compliance with the appropriate provisions of the
Collier County Subdivision Regulations.
An Excavation Permit will be required for the proposed lakes
in accordance with Collier Count~ Ordinance No. 80-26, as
amended by Ordinance 83-3, and as may be amended in the
future.
Storage of hazardous materials in aboveground and underground
tanks shall conform to the minimum requirements provided in
F.A.C. 17-61. For the purpose of this stipulation, hazardous
materials are defined as those materials addressed in the
- 29 -
EPA's Toxic and Controlled Substance list. A Spill
Prevention Control and Countermeasure Plan for all above
storage and underground tanks shall be approved by the
Water Management Director and NRMO, considering
recommendtions from the Environmental Science and Pollution
Control Department Director.
E. Should an "ultimate legal back-up entity" for the Pumped
Surface Water Management System be required by any other
regional or state agency, the Developer will be responsible
for providing all the necessary documents to establish a
perpetual Taxing District for users of the system, and an
escrow capital fund for initial administration and operating
expenses, all to the satisfaction of the County Engineer and
County Attorney.
F~ Construction activities on this project shall be coordinated
with construction contracts to implement improvements to the
Cocohatchee Canal (CR 846 Borrow Canal) by the developer in
accordance with the recommendations of the 1981 Gee and
Jenson Hydrologic Report No. 2420, prepared for the Big
Cypress Basin Board. Said canal improvements shall be
limited to the canal reach along Section 21, Township 48
South, Range 26 East and two (2) designated farm crossings in
Section 20 unless previously completed by other parties.
G. ~hen required by the County, the developer agrees to
contribute his fair share on a pro-rata tributary
area/run-off volume basis to implement the canal improvements
to serve the remainder of the Cocohatchee Canal watershed.
11.14 Fire Station
Prior to issuance of any building permits, a fire station
serving this project must be opeTating within five (5) miles
of the project.
- 30 -
I:l
soo: I~25m
- I
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. 86-75
that was adopted by the Board of County Commissioners during
Special Session on the 6th day of November, 1986.
WITNESS my'hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 14th day of
November, 1986.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to the Board of
County Commissione,~r,~,,,~,, ,,,,,,,
"- '" DEVELOPMENT ORDER 86- 1
';J';7¢ ~' DEVELOPMENT ORDER OF THE BOARD OF
(';,/: ~ ' "COUItTY COMMISSIONERS OF COLLIER
C':...~. , ' COUNTY, FLORIDA FOR TME WOODLANDS
PLANNED UNIT DEVELOPMENT LOCATED IN
PART OF SECTION 21, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA:
WHEREAS, Rose Mclntoah, Agent, for I~mokalee Road Partnership and
Crag Cabiness, Applicant, filed on December 6, 1983, with the County of
Collier an Application for.Development Approval (ADA) of a Development
of R~gional Impact (DRI) known as, The Woodlands Planned Unit Dev~lop-
=ant, in accordance with Section 380.06(6), Plorida Statutes; and
WHEREAS, I,~okales Road Partnership and Greg Cabimess have obtained
all necessary approvals end condxtiouil approvals fro~ the various
Collier County agencies, departments, and boards required as · condition
'to Planned Unit Development (PUD) zoning and DRI approval; and
WHEREAS, the Board of County Commiselomers aa the govsrnimg body of
the unincorporated area of Collier County having Jurisdiction pursuant
to Chapter 380.06 in authorized and empowered to consider Applications
for Development Approval (ADA) for Developments of R~gional Impact; amd
WEEREAS, the public notice requirem~nts of Chapter 380.06 ~nd the
Collier County Zoning Ordinanc~ have been satisfied; and
WHEREAS, the Collier County Planning emission has reviewed amd
co~sidered the report and recommendation of the Southwest ~lorida
Regional Plannin~ Council (SWFRPC) and held a public hearing on the ADA
and on the Application for Public ~earing for PUD Zoning on Oatobsr 2,
1986; a~d
WHEREAS, The Woodlands ADA is also part of am overall rezoning
applieation by ~ha developer; and the issuance of a davalopmem; order
pu:suant to Chapter 380.06, Florida Statutes, dose no~ constitute a
waiver of any powers or rights regarding the issuance of ocher devslop-
=en~ pemits by the County or State;
WItEREAS, on November 6, 19B6, the Board of County Commissioners at
an open public hearing in aceordance with the Collier County. Zoning
Ordimanca approved Ordinance 86-75 which rszonad the subJecl, pro~rfj.
~ecre~Of Staf~'! ~
and ocknowledgement of tha!
to PUD known as the Woodlands; and
~, on November 6, 1986, the Board of County Co~missionsrs, at
an open ~ublic hearthS in accordance ~r~th Section 38~.06, Florida.
Statutes, considered the ~pplication for Development of Regional Impact
submitted by Ross McIntosh, Agent; the rsport and recommendations of =ha
S~TRPC; the certified record of the doctmentary and oral sv£dencs
~resentsd to ihs Collier County Planning Co=mission; the report and
recommendations of the Collier County Planning Co~aission; the recommen-
dations of Collier County Staff and Advisory Boards; and the comments
upon the record made before this Board of County Commissi~ners at said
.meeting, hereby makes the follow, nS F~ndinss of Fact and Conclusion of
FINDINGS OF FACT
1. The applicant submitted to the County an ADA and sufficiency
responses known as composite Exhibit A, and by reference made
a part hereof, to the extent that they ara not inconsistent
~rlth the terms and conditions of this Order.
2. The application is in accordance with Section 380.06(b),
Florida Statutes.
Tbs real pro~erty which is the subJac~ of the ADA is legally
described ao set forth in Exhibit B of the Planned Unit
Development Documsnt for The ~ocdlands at~ached hereto and by
reference made a part hereof.
The applicant proposes the development of Ths Woodlands
Planned Unit Development, known as composite Exhibit B, and by
reference made a par~ hereof, for 500.I1 acres which includes:
15 acres of co~nercial, an 18-hole $olf course, 1,~60 dwell~g
~nits on 159 acres, and approximately 91 acres of preservation
areas.
~. A couprehens~ve revie~ of the ~npacC generated by ,the devalop-
menC has been conducted by the appropriate County' departments
and agencies and by the SVFRPC.
6. The Development is consistent ~r/th the report and recommenda-
tions of the S~FILPC submitted pursuant to Subsection' 380,06
(ll), Florida Statutes.
-2-
7. The development is consistent with the land developsent
regulations of Collier County.
8. The development will not unreasonably inter£ere with the,
achievement of the obJsctives of the adopted State Land
opment Plan applicable to the area.
9. The development is not in an area desi~natsd an Area of Criti-
, cal State Concern pursuant to the provisions of Section
380.0}, Florida Statutes, as amended.
CONCLUSIONS OF LAW
~O~, THEREFORE, BE IT I~SOLVED by the Board of Cotraty Consmtssionsrs
.of Collier County, Florida, in public meeting, duly constituted and
assembled November 6, 1985, that the Develo~ent of Regional
Application for Development Approval ~bmitted by Ros~ HcIntosh, Agent,
.is hereby ordered approved subject to the follo~ing conditions as
racom=ended by the SWFRPC or in response to their recommendation and
coe~nltments specified in the PUD which are hereby adopted as conditions
of approval of this Development Order:
1. DRAINAGE/WATER ~UALITY: The applicant has proposed · surface
water nmnagenent oyste~ that is conceptual in nature at
time. A crucial component of this development viii be in the
determination of the discharge elevations for the control
structures and. the cypress slough crossing conveyances. The
applicant proposes to i~prova and possibly restore to some
degree, the "his~oric" hydroperiod of this site - after years
of bainE adversely influenced by ~an~s activities. Honitoring
activities are still on-going within the site; only when these
teats ars completed can the proper structures (and elevations)
be implemented into the final surface water management
design. Therefore, mots detailed information will need to bm
provided through the development rsview process to assure tha~
the concepts are adhered to and that additional adverse
regional impact vii1 not occur. Further information is
necessary in order to provide a full analysis of impacts.
Conditions:
a. The surface mater ~anagement system shall i~plement
design standards and water quality 'best smnagement.
practices" outlined in the Application for Development
Approval, response to question 22 Drainage.
b. An ontoing monitoring maintenance and samplini program
shall be desi~sd by ~h~ P~i~ioner subJec~ ~o r~vtiv and
approval by Natural ~sources ~zemen~ D~par~men~ (~)
and th~ Florida Depar~men~ o~ ~nviro~ental Relula~ion to
de~e~in~ co~cen~ra~ions o~ po~en~ial pollutants
parcel's la~s, pr~se~es, and groundva~er. ~a de~ails
o[ ~he ~cntcori=~ pro~r~ shall be ~ually aEre~d upon
betveen th~ P~i~ionsr, th~ ~, and the [lorida Depar~men~
o[ ~nviro~en~al ~la~ion a~ a da~e prior
c~e=ce~n~ of si~e develo~en~. De~ails of ~h~
protram are hereby incorpora~ed by re[erence in~o this
9evelopmen~ Order. ~e moni~orint pro~r~ shall
1. Surfece va~er in lakes, cypress pr~se~es, and o~h~r
recension areasl
2.Cr~ndva=sr ~ni~or~s of aelec=ed locaCionsl
3.~ke sed~en~
4. I s~llng frsqu~ncy ad~q~aC~ to all~ ass~s~en~
pollu~ion;
Ig any violation of ~h~ State wa~r quality s~an-
dards are a~tribu~abl~ ~o the development, the
causation rill b~ ~odili~d or s~opped (i~ d~em~d
necessa~ to ~) and r~edial ~ction ~akea and,
upon the request of ~, ~ors i~nsiva ~ouitor~
viii occur. ~stly, if during this ~ni~orin~
protr~ a v~ll[ield p~o~c~ion ordi~nc~ is adopted
by Collier County, ~h~ ~o~lands shall b~ subJ~c~ Co
~he more scrin~en~ of ~he ~wo proart.
c. Storage of any s~bs~ance iden~ifi~d in ~h~ EPA Toxic
Substances Con~rol Accoun~ Lis~ (~apte~ 10, C~ 261~
also adopted by ~hs S~a~e as FAC 17-30) ~s~ be
facility and the location subject Co the approval of
and Water Hanagement Department upon consideration of the
reco~endations of tha ~a~ar quality and Pollution,
Control Department Director. Storage of such
~aterials in aboveground and underground tanks shall
confor= to the ~tni=u= requirements provided in
17-61. X fpill Preven~ion Control and Coun~e~aasure
Plan for all above a~orage and underEround tanks sMll
approved by the ~a~er ~Eemen~ Director and
considerint ; recmendacions from ~he
Science and Pollution Control Depar~men~ Directo:. In
addi:io~, all lolf course ~in~ena~c, rela~ed ch~aicals
(i.e., pesCicides~ insecticides, he~bicid~s) shall
stored in an on-siCs facility that is locac,d ~d/or
cons~c~ed ~o prohibi~ accii,n~al cont~ina~ion to
proposed proJec~ ~llfi~ld tn th~ north~aa~ portion
~h~ site and any potential iutur~ r~tional
within the Coral ~ef aquifer sys~eu.
~e applicant shall coordt~t~ vi~h :h~ Florida Depart-
merit of. Enviro~n:~l l~gula~ion and Collier County in
th~ off-si:~ s~oraE~ of any hazardous was~,~ as d~fined
in th, Collier Coun:y ~zardous ~ast~ Ass~s~nt~ ~ha~
~y ba generated by any business located in the ~er-
cial portion of th~ ~oodlands DRI sit~. ~is ~ay
accomplished through th~ us~ of 'r~a~ric:iv, cov~mnts or
so~ o~h~r ~yp~ of de~d s~Jpulacion ds~d appropria~ by
Florida D~par~nC of Enviro~ntal R~la~ion.
~e DevelopaenC Order shall provid~ tMt prior to project
cons~ction, Ch~ developer ~iil provid, the
specift~d within ~he S~th Florida ~a~er ~gemen~
Dis~ricC (S~) Impac= Assss~en= repor= ~ ~he
S~C and Collier County for r~vi~ and tha~ a Conceptual
Surface Watlr ~gem~n~ p~mi: shall b~ ob=ained
Chi ~. Collier Coun:y's r~via~ shall b~ co'ducked
accordins to th, provisi~s of ~ap~,r 380.06(19),
Florida Statutes if requested by Florida Department of
Co-~unity 'Affairs (DCA), SWFRPC staff, and appropriate
County Departments.
f. Should Collier County decide that a new County wide or
regional wellfield ia to be located within the Coral Reef
Aquifer system, then the Woodlands Project shall ha
subject to land usa controls, golf course restrictions
and ordinances implemented by Collier County for the
area-wide protection of this wellfield.
g. The applican~ shall coordinate with tha o~ners of the
southern adjacent outparcels and the South Florida Water
Managefleot D/strict Co ensure the integrity of the
preserved c)~reaa flovway. Ail subsequent surface water
management permits for these cwo outparcela shall reflect
this coordinated effort.
h. Detailed site drainage plans shall be submitted co th,
County Engineer for review. No construction permits
shall ba issued unless and until approval of the proposed
construction in accordance with tho submitted plans ia
granted by the Water ManaEament Advisory Board and th,
County EJ~ineer.
i. Construction of all watar management facilities shall be
subject to compliance with the appropriate provisions of
the Collier County Subdivision Regulations.
J. An Excavation Permit will ba required for the proposed
lakes in accordancl with Collier County Ordinance No.
80-26, as amended by Ordinan:s 83-3, and aa ~ay be
amended in the future.
k. Should an "ultimate legal back-up anti~y" for the Pumped
Surface Water Management System ba required by any other
regional or state agency, the Developer will'bs responsi-
ble for providing all the necessary documents co
establish a parpetual Taxing District for users of the
system, and an escrow capital fund for initial idminis-
tration and operating expenses, all Co the satisfaction
of ~he County Engineer and County A~orne¥.
Construction ac~ivi~iea on ~hia ~ro~ect shall be coordi-
nated with cona~ruction contracts to implemen~ improve-,
nents to the Coco~tchea Canal (CR 816 Borro~ Canal) by
the deveIoptr in accordance vi~h the ~ec~enda~ion
~he 1981 Gee and 3enson Hydroloiic ~por~ No.
prepared for Cha ~i~ Cypress Basin Board. ~aid canal
improvemen~a shall be l~i~ed ~o th~ canal ~sach alon~
Section 21, To.ship 48 South, ~nSe 26 ~s~ and ~o (2)
desi~a~ed ~ crossers ~ ~ec~ion 20 unless previously
c~ple~ed by o~her parties.
m. ~en required by ~he County, the developer aEraes Co
ca~ribu~e his fair share ~ a pro-ra~a tribu~a~ area/
run-off vol=~ ~asi. ~o ~lemen~ ~he canal ~provemen~s
~o sa~e ~he reminder o~ ~he Cocoha~chee Ca~l va~er-
shed.
~ER~: ~e proposed pro~sc~ would be an all electric davslo~
men~ and would increase ~he enar~ de~ngs o~
applicant has co~i~ed in ~hs ~t ~o provtd~
energy consa~3~ion ~asures Co reduce the ~pac~
increased ener~ de.nd.
Condition~:
a. ~r~ision of a bicycla-padentrtan sys~ to be placed
alont arterial ~nd collector roads ~hin ~hs prolec~.
~Ls eya~em is to be consia~an~ ~i~h applicabl~ c~y
requirements.
b. Pr~ta o~ b~cl~ rsc~ or s~age rattlings
recreario~l, c~ercial and mlci-~ily
c. Cooperation ~ ~h~ locattn~ of bus st~s~ shslters~ and
system to se~. the pro~ct area.
d. Usa of en~r~y-a~icien~ features in
t~Rt~nS and exterior
e. Use o~ operable wind.s and cailint
f. Installation of energy-efficient appliances and equip-
~ento
g, Prohibition of deed restrictions or covenants Chac vould.
prevent or unnecessarily ha~per energy conservation
efforts (e.g., building orien~a~ion and solar rater
heating systems),
h. Reduced coverage by asphalt, concrete, rock, and similar
substances in streets, parking lots, and other areas to
reduce local air temperatures and reflected lish~ and
heat.
i. Installation of energy-efficient lighting for streets,
parking areas, and o~her interior and exterior public
areas.
Use of rater closets ACh a ~ax:[~um flush of 3.5 ~a[lo~
and sh~er heads and fa~ce~s ~h a ~ f[~ ra~e
~,0 gallons per mlnu~a (a~ ~0 pounds oE pressure p~r
square ~ch) as specified ~ ~he ~a~er Conse~a~ion Ac~,
k. Selection o[ native plan~e, trees, and ocher vege~aC~
and landscape desi~ features ~ha= reduce requir~n=s
for va~er, fertilizer, ~in=enance, and ot~er nee4s.
1. Planttn~ ~f native s~ge Crees ~o pr~ide resso~le
sMde for all recreation areas, s~ree~s and paFkin8
m. Placement of ~ress ~o provide needed shade in ~he va~er
moncha vhile no= overly r~duclng ~he benefits of
in th~ cooler
n. Plantin8 of native shade ~rees for each r~siden={nl unit
if ~iva shade ~rees do no= exist for each
uuiC.
o. Ori~nCaCion o~ aC~cturea, aa possible, to ~educe ~olar
heac ~ain by valle and ~o ~ilizs the natural
effects o[ the ~ind.
p. Provision for a~cCural shading (e.~., cr~llises,
a~inis, aud roof overhan~s) wherever prac~ical ~en
_'~_
natural shading cannot bs used effectively.
q. Inclusion of porch/patio areas in residential units.
r. Consideration by the project architectural review commit-,
tee(s) of energy comservation measures (both those noted
here and others) to assist builders and tenants in their
efforts to achieve greater energy efficiency in £ha
development.
FLOODPLAIN/HURRICANE EVACUATION: The Woodlands DRI location
has a natural elevation of ~welve tn fourteen feet above mean
sea level and is;well beyond the expected ilooging areas of
hurricanes in categories one through three. However, the
project area is on a major evacuation route for the county and
one mile east o£ an I-7~ interchange offering excellent access
to and iron major evacuation routes. The potential for
on-site public/c~on areas to be used as public hurricane
shelters would provide a use of regional be=efit.
Co~dltto~:
an The applicant e~al! neet with Collier Co%mty Disaster
Preparedness Officials to identify chose public areas
that may be used for shelters in the commercial portions
and/oz golf course clubhouse of the project as atom
abel:er and/or staging areas.
HISTORICAL/ARCHAEOLOGICAL: ~o historical or archaeological
sites are known to exist om the Woodlands DEl sits, however, a
regionally sign/i/cant burial site ls located immediately east
oi the site and the project area has never been subjected to a
systematic professional survey. Based on data irma environ-
mentally similar areas in Collier County, it is likely that
sites will be found within the project. The Department of
State, Division of Archives, History and Records ltanagement
has expressed similar concerns. V
Conditions:
a. A systematic professional survey shall be carried ouc
within.all areas Identified as likel~ to contain histori-
cal/archaeological sites prior to commencement of con-
t ti II1'1 III I -~ I
etrvction, Copies of the survey shall he sent to the
State bivision of Archives, the Collier County ~ and
$~ril~¢. ~oth the survey method and the report shall
revieved and approved by the State Division of Archives
and Collier Co~nCy ~atural iesources ~iemenC DepfrC-
mefl~, and this shall be done prior ~o in~ land clearing
or Er~nd tis:urbint activi:ies. ~8 perso~el or aEency
perfo~nt ~he sudsy shall be approved by the S~ace
Division si ~chives and the Natural Resources ~lemenC
Vepar~nent. ; 111 recmendations by ~he able offices
shall be inco~orated in~o a Develo~enC Order
follovint the procedures established in ~apter 380.06,
If durint the course of si~e clearint, excavation, or
other const~ctimal ac:iviCies, an archaeolotical or
historical siCo, ir:ific~, or o~her iniic~or is
ered, all developnen~ ac that loca~ia shall be
acely s~opped and the S~ace Dlv.isia si ~chtves and
Natural Resources ~na~ement Depar~en~ notified.
Develo~en~ ~11 be ~spended for a nfficien~ lehigh
time to e~ble ~he Natural Resources ~atemen= Depart-
men= or a deai~aCed consul=ant Co assess the find and
de,stains ~he proper course of ac~ia in re~ard ~o ica
salvageabili~y. ~e ~atural ~8ources ~g~ent Depart-
menC viii respond ~o any such notification in a ~ely
and efficient ~nner so as ~o provide only a ~ni~l
in,eruption ~o any cons~cCi~al activities.
Evaluation of a his~orical/archaeological si~e shall
include buC hoc be l~iCed ~o i~s geCe~na~ion as a si~e
o~ regio~l or local si~ificance, ~ac~ ~in~zaCi~ by
incorpora~inS ~he ai~e ~o prese~a~ion or 'green space
areas, or o~her mi~iga~ion actions.
~e State Depar~men~ o~ Archives and ~he County N~
shall be 'providad access ~o ~he project for
pu~oses any ~i~ guring ~ha life of the project.
Iff'
10
~ANSPORTATION:
a, GENERAL:
The ~roodlands DRI has direct access to I~l~lea Road (~ 846).
and will have direct access to the proposed arterial road
on the eaote~ bounda~ of ~he Wood.sds comnec~img Carrell
Road ~o CR 846.
(1) For pu~oses of ~his set,ia, "si~ifican~ ~ic~"
defined as ~en Chi prolect traffic ~ any road
se~enc/incerseccia equals o~ exceeds ~I of the L~el of
~e~ice "C" ;for said roadway se~enC/~CersecCion on an
annual average ~aily co~i~ion.
(2) ~e ~oodlands development is predicted Co have
"ai~ficanC ~acC" on the ~ollo~nt roadva7 se~en~s:
tee County:
Bonita Beach/Carrell
- I-7~ ~o CR 887
~11ier
C~ 951
- I~hlee Road Co ~aC ~ldan Cate Boulevard
- VanderbilC Beach ~ad to F~e Ridte
Imohlet ~ad
- ~cce Road Co U.S. 41
- Coodle~Ce ~ad Co ~ort
- Livingst~ ~ad extensi~ to 1-75
- 1-75 Co Oak~ Boulevard
- Oaks Boulevard ~o ~oodlands ~iu access toad entrance
- ~oodlands ~in access road and CR-9}I
(3) The following in~ersections are predic~ed Co be
"sitnifican~ly i~pac~ed" by the ~oodlands project:
I~lee Road a~ tl~o~C Road
Imo~lee ~ad a~ Livia~s~on ~ad ex~ension
I=ohlee Road a~ I-7~
I~ohlee ~ad a~ Oa~ Boulevard
I~lee Road a~ Losan Boulevard ex~enalon
Imo~lee ~ad a~ Parklands Sou~h access road
Iumokalee Road at CR 951
CR 951 at ~est Colden Cate 5oulevard
I~okalee Road et Goodlette Road
Airport Road aC Vanderb~lC Beach Road
Airpor~ ~ad aC Pine R~dg~ ~ad
Pine ~dge Road at ~ 951
~e ~oodlan~s actual ~pac~ on ~h, =sad semen,s and
~n=ersec=~ons specified ~n (2) and (3) h~reof and
se~ice level of each of the able reference~ road
se~ents and :intersec~ious shall be e~i~ica~iy detained
by the County using the ~nicoring repo~s ~equired by
CO~T~O~
(~) ~e County has adopted a ~ad ~pact Fee Ordl~nca,
Ordinance No. 8~-~ and the developer, or its ~ccessors
in interest, shall pay the "~act fees" specified
said ordinance fo~ A1X ~evelopmen~ in the Woodla~s.
~ese ~pac~ ~ees, together wi~h tha~ portion of gasoline
t~es and ad valor~ taxes generated ~r~ the project and
i~s inhabitants and progr~ed ~o~ road ~provements,
together ~th the ~adicati~ of right~f~ay speci~ied
CO~ITION (2), shall ~Cigate the transpo~tation i~acts
reaso~bly attributable Co the ~oodlands
($) ~ analysis o~ the ~unty's proposed schedule for
improvements to ~he roadway eegments and ~ersecti~s
signi~icantly ~pac~ed by th~ ~oodlands indica~es
the locfll gove~n~ w~ll be able Co p~ovide
transpor;ation facilities st the appr~ed level o~
se~ice "consiscen~ly" ~th the development schedule for
~e Wood~nds as se~ forth in the ~ document, wi~h
potential excep~ions of tha~ section o~ County ~ad
from I-7~ to ~ 9~1 and tha~ sectioff~' of Bonita
Beach/Carrell ~ad located in Lee County.
(i) By adopting this ~evalo~ent orde~ ~llier County
making no c~tmenC to ~prove Carrell ~a~'o~ any
other road 'in Lee Co~cy; however, CO~ITXON
shall be applicable.
,oo 48
Z12_
(ii) ~y adopting this Develolme~t Ordsr~ Collisr County
hal determined that if the developer complies with
CONDITION 3, it will have mede adequate provision.
£or its impacts on the roadway segment of CE 846
between 1-75 and CR 951.
(?) Collier County, although it has estimated the time frame
in which each of the road segments/intersections
significantly impacted by this development shall need
improvement to maintain the requisite lavsl of service
adopted by the County, es the same may be amended £rom
time to time, and has ascertained that it can provide the
transportation facilities consistent with tbs development
schedule of The Woodlands, makes no guarantee that said
roadway segments/intersections shall not fall below the
requisite level of service in spite of this commitment of
the County to provide laid facilities consistent with the
Development Schedule.
(8) By accepting this Development Order, developer
understands and agrees that, although the proposed
schedule o[ the County for improving the roadway
segments/intersections significantly impacted b7 The
Woodlands .would indicate that it will have the ability to
keep the necessary transportation i~provements at the
requisite level of service consistent with the
development schedule of The ~oodlanda, tie Cotmty is not
guaranteeing the same and developer understands and
agrees the ~ounty shall not be liable for itl inability
to have laid facilities available consistent with the
development schedule of The ~oodlanda.
CONDITIONS:
(1) The applicant shall submit an annual monitoring report to
the Collier County Engineering Department, Collier
County HPO, FDOT, and the Southwest Florida Regional
Planning Council for review. The first monitoring' report
shall br submitted at the tins of the issuance of the
first Certificate of Occupancy for development st The
Woodlands. Reports shell be submitted annually.
thereafter until buildout of the project. The reports,
st a minimum, shall contain traffic counts taken st the
access points to the sits and turning movements to each
of the intersections listed in a(2) above.
(2) The developer shall gedtcata right-of-way along the
eastern boundary of the project 'to be utilized as parc of
the Co~mty'~ future arterial net~ork system. The
developer £hall dedicate enough right-of-~ay so that the
County will have 120 feet of right-of-~ay fros County
Road 846 to the northern project boundary, taking into
consideration the existing 30 foot easement on the west
border of Section 22 for approximately the first one-half
mile on the southerly portion of Section 22.
(3) Although impact fee payments are generally reserved for
collection st the time of building perm/t, developer
shall pay impact fees for the residential units projected
to be constructed within the next ten year period (using
the PUD phasing plan) if the following occurs:
(i) that .portion of CR 846 between 1-75 and CR 951
exceeds Level of Service "C" on average annual
daily condition, and
(ii) The Woodlands traffic, at that tine, constitutes $~
or more of the traffic on said roadway segment, and
(iii)the County is prepared to enter into a contract for
four-laning of said roadway segment.
(4) (i) If Ievel of Service "C" on an average annual
daily condition for any regional roadway segment/inter-
section identified herein is exceeded':and project
traffic on said roadway segment/intersection equals
or exceeds 5Z and is lees than 10Z of the Level of
Service "C" service volume (utilizing gene'ralizad
service voltmes as establil,hed by FDOT)~ and
(a) the roadway i~provement necessary to return to
Level o~ Service "C" or better condition, ia not
programmed on the applicable HPO or Collier,
County five year traffic improvement pl&n with
identified funding; or
(b) if such programmed improvement is deleted from
said five year traffic improvement planl or
ii five years pass without the start of
co~scruction of said improvementl or
(d) th~ level of service on any said roadway
se~ent/intersection exceeds l~val of service D
on an annual ~eraga daily condition prior to the
construction of the programmed improvement~ then
Developer shall, within ninety
petition with Collier County for a determination
of whether a substantial daviation has occurred
in accordance rich subsection 380.06(19),
Florida Statutes (1985). If it is determined
that a substantial deviation has occurred,
the developer may continua davalopvmnt durini
substantial deviation DRI rovi~ until an
~mendad develop~nt order ia issuad, provided
that the a~ended development order ia issued
within six (6) months of the date of the
substantial deviation determ/nation. Further
development will bs authorized and conditioned
by the final ~mandad development order.
(ii) If L~vel of Service "Ca on an average annual
daily condi:ion for any regional roadway
sec:ion identified herein is exceeded and project
traffic on said roadway se~ent/inters~ction equals
or exceeds I0I of the L~vel of Service ~'C' voluma
(utilizing generalized service volume as established
level o~ servics C or better condi~ion is hoc,
progr~d on ~he applicabl~ ~0 or Collier
County three year traffic improvement plan with
identified fundingl or
(b) if such prosra~med i~provemen=s deleted
said ~hres y~ar ~raffic ~prov~m~nC planl or
(c) if =hree years pass ~houc ~he s=arC of
c~s~c~ion of said ~r~emen~; cr
(d) ~h~ 1~1 of s~ic~ on I~y said roadway
se~en~/in~ersecCi~ exceeds Level of Se~ice
"D" on an annual average daily condi~ion prior
~o ~ha cona~c~ion of ~he proir~ed
then a substantial devia~ion shall be de.ed Co
have occu~eg.
~a geveloper ~y continue develo~en~ guring
said auba~an~ial devotion DEl revi~ until
~ended developmen~ orJ~r is issue~
wA~hin s~ (6) ~m~hn o~ ~he ~a~e o~ no,ice
~ substantial deviation has occured.
~evelopmen~ will be nu~horAzed and cendicioned
~y ~he ~inal ~ended developmen~ order.
(5) ~e ~eveloper shall prow'ids a ~air abate contribution
~he capital costs of a ~ra~ic.s~al a~ any p:oJec~ entrance
when deemed wazran~ed hy ~he Co~y Engineer. ~e
shall be o~ed~ operate~ an~ ~in~ained by ~llie~ County.
(6) I~ ~our=laning of CR ~6 An ~ron~ of the proJec~ has
co~encad pzior ~o devnlopmen~ o~ c~rcial or residential
uni~s within ~be proJec~ ~he developer shal~ provAde an
eastbound le~ ~u~ s~rage la~e and westbound decnlera~Aon
lane ac each proJec~ entrance before any Cer~i~ica~en .~
Occupancy are issued ~or.~h, units which would ~e using
proJec~ entrance.
16
(7) The developer shall provide arterial level errant lighting at
each project entrance. The operating and maintenance costs of
these units shall be assumed hy Collier County.
(8) The applicant assigned a significant number of Woodlands trips
to the proposed Parklamds South Access Road from the Parklands
boundary southward, in Phase IV (ending 2004) of the
Woodlands. The applicant also assigned a significant number
of Woodlands trips to the proposal Livingston Road between
Immokalee Road and Vanderbilt Beach Road during Phase V
(ending 2007). IS these road segments are not constructed by
the specified Phase, the project shall undergo a determination
as to whether a substantial deviation has occurred. An
amended development order shall bs rendered after any
substantial deviation determination, whether found to be a
substantial deviation or
6. VECETATION AND WILDLII~E: The applicant has identified the
%
po=anttal for certain species =o axis= in preservation areas
on the site. The primary issue of regional concern is project
impacts to 15 species of birds, 2 species of reptiles and 2
species of mam~zals which are endangered, threatened, or ara
species of special concern that may grow, feed, nest and breed
on The Woodlands aide.
Conditions:
a. The applicant commits to dead restrictions, upland buffer
areas, and cypress preservation areas =o protect ~he
endangered, threatened or ~pscial concern species.
b. A survey for any eagle and voodatork nesting ac=ivi~iee
shall be conducted prior to commencement of development.
Copies shall be sent to Collier County h'RIiD, the
and Florida Came and Fresh Water Fish Commisei~n.
c. All exotic plants, aa defined in =he Collier County Code,
shall be removed during each phase of construction from
development areas, open space areas, and preserve areas.
Following si=e development a ~aintenanca program s~all be
implemented to prevent reinvasion o! the site by such
exotic species, This plan, which will describe control
techniques and inspection inCervals, shall be filed with,
and approved by the Hatural Resources ~lanagement' Depart-
S. Once specific site claaring plane are submitted, bounda-
ries of areas proposed for development shall be se~ and
flagged in the field by the
approval by NE~. Boundaries of areas proposed for
preservation:shall be set and flagged in the field by the
petitioner, subject to approval, by I~. Precautions by
Work crew supervisors working close to planned preserve
areas shall be encouraged in order to n~nimize w~ldlife
and preservation area disturbances.
e. The petitioner shall satisfy all state (Florida Came and
Fresh Water Fish Commission) and federal (Onited States
Fish and Wildlife Service) stipulations concerning
pro,coted plant and an~m~nl species.
f. A si~e clearing plan shall be submitted to the Natural
Resources Mamagement Department for review and approval
prior to any substantial work on the
be subsisted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict
how the final site layout incorporates retained native
vegetation Co the maximum exten~ possible and how roads,
buildings, lakes, parking ~o~s, and o~ber facilities have
been oriented to accommodate this goal.
g. Native species shall be utilized, where available to the
maximum ex~enc possible in the site landscaping ~esign.
A landscaping plan will be submitted to ~he Natural
Resources Management Department and the Co'unity Devel-
opment Division for their review and approval. This plan
will dopict the incorporation of native species and thei~
mix wi~h other species, if any. The goal of eit~ land-
15
ecaping shall ba the re-creation of native vegetation and
habitat character£stics lost on the sics during conntruc-
~ion or due to pas= acKivi~es, ..
~'ETLA~DS: The Woodlands nits contains a ~otal oE 358 acres of
wetlands which accounts for 72Z of the tote! lite, Mos~ of
the cypress and a naJor portion of the transitional wetlands
are part oE a ~aJor slough sysc~ which traverses the easce~
portion of the site. ~ a result of pu~ed d~schar~es assoc.-
aced with the asr[cultural operations located both west sad
north of the pro'acC s~Ce, alcns ~ch draftee ~rov~enCs
such as the ca~l located ~ed~aCely south o[ the
site adJacen~ Co I~o~lee (CR 5~6) ~ad, the overall nice has
experienced aa altered hydroperiod. Presently ~he exotic
melaleuc~ is diffused ~hr~hou~ the siva, bu~ ~o specific
loca~ions or acreages o~ ~ac~ed areas ~ve ye~ ~eem delia-
ea~ed.
~e applican~ es~es ~ha~ ~ ~o 11~.~ acres or
wetlands will be ~ac~ed by ~oads, ~o1~ car~ crossimgs,
amd ~he ~oi~ course. ~ ~i~ga~iom for wa~lan~ ~pac~s,
applic~n~ has c~ed ~o a series o~ ~i~a~i~ ~asuras
such as wetland and uplamd bu~er zome prese~e
presage area~ lake littoral and l~e~ic zone crea~iom,
exotic invaded wetland restoration and hydroperiod res~ora-
Condi~ions:
a. ~e applican~ c~s ~o, we~lamd prese~aziom, wetland
mi~iga~ion and wa~er ~nagemen~ dasi~ presea~ed ~him
~he ~A ~d su~iciency doc~an~s which are i~co~ora~ad
as condi~ions o~ appr~al.
b. Prior ~o ~he ~plemem~a~iom o~ each phase of ~he develo~
men~, more de~ailed in~o~iom shall he su~ed ~o ~he
Florida Depar~men~ o~ EnvAro~en~al Regula~iom~
SWF~C, and Collier County ~ for review, which pro-
vides ~he following in~o~iom:
1. Ecological health condition and function of each
wetland ~o bs impacted.
2. I more precise iden~ification of which wetland area.
will be destroyed, based on the above survey and the
application of the proposed wetland resource manage-
nent guidelines.
3. Historic water levels to ba ~aintained within
wetland preserves to serve as a design and review
guide.
H~ra detailed information on hey the water
ment system will maintain historic water levels
within each wetland preserve. (Placement and design
of the adjustable structures, equalizer swales and
culverts.)
5.I maintenance plan to maintain the overall
cal integrity of wetland preserve areas.
6. An annual report from the Homao-,mer~l Association to
regularly monitor compliance Flth deed restrictions
for residential setbacks and preservation.
c. The Collier County review sh~ll ba conducted according to
substantial deviation determination provisions of Chapter
380.06,
CONSISTENCY WITH THE LOCAL COM:P2.EHENSIV~ PLAN: The sub]act
property is designated aa Urban on the Future Land Uae Hap and
meets the necessary rating points for the proposed dansit7 of
2.92 units per gross acre. In ~ddition, the project meats the
criteria for the. proposed land uses. Therefore, the develop-
ment cOmplies with the Comprehensive Plan.
GENERAL CONSIDERATIONS: In "The Woodlands~ ADA, nu~lroua
commitments were made by the applicant to Ititigatl pro]act
impacts. 1/any, but not all of these co~icnenta ara listed in
this Development Order.
Additionally, the ADA provided · Phasing Schedule that provid-
ed the timing basis for this revtev, If this phasing s~hedula
is significantly altered by the applicant then many of the
basic assumptions of this approval could he substantially
changed, potentially raising ~ditional ~egtona! issues and/or
~pac t e,
a. All cou=~ttment and ~pac~ mitigating ac~ton~ provided by
the applicant ~hin th~ ~plication for Development
Approval (and supple~nta~ do~ents) that ar~ not
conflic~ ~th specific conditions for project approval
outlined above are officially adopted as c~nditi~s for
approval.
b. ~e dev~lcper s~ll suMit an annual r~porC on the
develop~n~ of regis1 ~act ~o Collier C~n~y, the
Southwes~ Florida hilo~l Plm~i~g Co,oil, the Depart-
=eno of Co~nity Mf~irs and all affected pe~i~ agen-
cies as r~quired in Subsec~i~ 380.06(18), Florida
Statutes.
c. ~e develo~en~ Phasing Schedule presented within the
~A, and as adjusted to da~e of gevelop~nc order approval
and/or petit approval is inco~orated as a condition
approval. If Dsvalo~n~ Order c~ditio~ and ~plic~
Co~itmen~s inco~orated within ths Develo~ent Order to
miti/a~ -regi~al ~ac~s, are not carried out
indicated to the extent or in accord with the
schedules specified ~thin the Develop~n~ Order and this
phasing schedule, then this shall be deemed to be a
substantial devia~ion for the affected regional
10, FI~:
a. Prior to ~;e ia~ce of any building pemits, a fire
station a~ing this project ~at bs operated ~th five
(~) ~tl~s of th~ project.
BE IT ~ER ~SOL~D, by the Board of County Cmission~rs
Collil~r Co~ty, that:
1. All comitm~nts and ~pact mitigating actions pr~ided by the
applican~ in the Application for D~v.lop~nt Approval ~h
supplemental doc~en~s amd the Applica~ion for ~blic Hearing
-21-
for rezoning with supplemental documents that are not in con-
£1ict with conditions or stipulations specifically enumerated
above are hereby adopted to this Development Order by refer-,
eucs.
2. The Coraunity Development Administrator shall be the local
official responsible for assuring compliance with the Develop-
ment Order.
3, This Development Order shall remain in effect for 20 years,
the estimated duration of the project. However, in the event
that significant ~hysical development has not commenced within
Collier County within five (5) years, development approval
will terminate and this development order shall no longer be
effective. For purposes of this requirement "atgnificaut
physical development" does not include roads, drainage or
landscaping But does include construction of buildings or
installation of utilities and facilities such aa sewer and
water line~. This time period may he extended by the Board of
A
County Co=~aiseionera upon request by the Developer in the
event that uncontrollable circumstances delay the commencement
of development.
i. The applicant or thiir successor(a) ia title to the subject
property shall-submit a report annually, commsncinl one year
from the effective date of this development order, to the
Board of County Commissioners of Collier County, the Southwest
Florida Regional Planning Council, and the'Depart~aent of
Community Affairs. This rspor~ viii contain the information
required in Section 9B-16.25, Florida Administrative Code.
Failure to submit the annual report shall be governed by
$ubsection 380.06(16), Florida Statutes.
$. Subsequent requests for development permits shall not require
further review pursuant to Section 380.06, Flo:~da Statutes,
unless it ia found by the Board ot County Commissioners of
Collier County, after due notice and hearing, that one or more
of the following is present;
a..22-
a. A substantial dsvi~tion from the terms or conditions of
this development order, or other changes to the approved
development plans which crsatea rsasonabls likslihood of.
adverse regional inpacta or other ~egional inpacta which
wars not evaluated in the review by the Southwest Florida
Regional Planning Council~ or
b. An expiration of the period of effectiveness of this
development order as provided hsrein.
Upon a finding that either of the above ia presrut, the Board
of County Commissioners of Collier County may order a termi-
nation of all development activity until such time aa a new
DRI Applica~ion for Development Approval has been ~ubmitted,
reviewed and approved im accordance with Sactiom 3S0.06,
Florida Statutes.
6. The approval granted by this Development Order ia limited.
Such approval shall not ba construed to obviate the duty 8£
the applicant to comply with all other applicable local, state
or federal permitting procedures.
?. The definitions contained im Chapter 350.06, Florida Statutes,
shall control the interpretation and construction of any tames
of this Development Order.
8. This Order shall ba binding upon the Developer, assignees or
successors in interest.
9. It is understood that any reference herein to any governmental
agency shall ba construed to ~aan any future instrumentality
which may be created or deaig~,ated or successor in interest
to, or which oth~rwiss possesses any of the powers and duties
of any referenced goverumantal agency in existence on the
effective date of this Order.
I0. In the event that any portion or section o~ this Order ia
determined to be invalid, illsgal, or unconstitutional by ·
court or agency of competent Jurisdiction, such decision shall
in no manner effect the remaining portions o~ this Order which
shall remain in full force and effect.
11. This resolution shall becoma af~ective as p~ovidsd by law.
12. Cer~ifisd copiss of this orda~ ~re ~o b~ sen~ ~d~ely to
~he Depar~men~ of Co~nity lffairs~ Sou~esC Floriga
al Plannin$ Council.
D~Y PASSED ~ ~PT~ this ~day of I~ 1986.
DATE: ~ 6, 1986 ~ OF CO~ C~SSI0~S
'~D~S ~ PETITIONER
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