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Ordinance 99-91ORDINANCE 99- 91 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, TIlE COLLIER COUNTY LAND DEVELOPMENT CODE, WltICll INCLUDES T}IE COMPREHENSIVE ZONING REGULATIONS FOR TIlE UNINCORPORATED AREA OF C()l.l.l[:A~, COIINI'Y, FI.ORII)A, BY AMENDlNG THE OI:FICIAI. ZONING ATIJAS MAP NUMBERED 0622 BY CIIANGING TtIE ZONING CLASSIFICATION OF TtlE HEREIN DF. SCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS SIERRA MEADOWS PUD, FOR PROPERTY LOCATED AT THE SOUTHWEST QUADRANT OF THE INTERSECTION OF RATTLESNAKE-HAMMOCK ROAD (C.R. 864) AND C.R. 951, IN SECTION 22, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 90.8+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-64, THE FORMER SIERRA MEADOWS PUD; AND BY PROVIDING AN EFFECTIVE DATE. property; NOW THEREFORE BE IT ORDAINED BY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; WHEREAS, Brace Anderson, Esq., of Young, Van Assenderp, Vamadoe an_,d An.derson and Greg Stuart, AICP, of Stuart and Associates, representing Land Trust Naple~,-P{3titi6'ried ~the~ Board of County Commissioners to change the zoning classification of the herein described re. hi THE BOARD OKiCC~UI~' ' SECTION ONE: The Zoning Classification of the herein described real property located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereofi The Official Zoning Atlas Map numbered 0622, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 94-64, known e~ the Sierra Meadows PUD, adopted on December 20, 1994 by the Board of County Commissioners of Collier County, is hm'~by repealed in its entirety. -1-' SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/p/j2~;day of.~- , 1999. ATTEST: DWIGHT E. BROCK, Clerk '%. · ,, ' :Appro,vad as to Form and Legal Sufficiency M arj-ori/:] M. S~t,d¢,:~t Assistant County Attorney BOARD OF COUNTY COMMISSIONERS C OLLIE,~/C~O~UNT Y, FLORI DA / P~IELA S. MAC'KIE, CHAIy/~OMAN / This ordinance filed with the / Secretary of State's Office tim ~oy of ~_..~-, z~- and acknowledgement..o, fj tt~c,t filing received this ~ clay ORDINANCE/PUD-94-01 (I)/SM/ira PUD-94-1(1) Exhibit A PLANNED UNIT DEVELOPMENT DOCUMENT FOR The Sierra Meadows PUD A Mixed Use Development Prepared by: Stuart and Associates 2180 West First Street, Suite 503 Fort Myers, Flodda 33901 Date Reviewed by CCPC: Date Approved by aCC: Ordinance Number: ~/~_ TABLE OF CONTENTS STATEMENT OF COMPLIANCE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI Property Ownership & Description Project Development Residential District Community Commercial District Conservation Reserve District General Development Commitments PAGE 3 5 6 11 16 20 21 LIST OF EXHIBITS EXHIBIT "A" EXHIBIT "B" PUD Ordinance Master Concept Plan STATEMENT OF COMPLIANCE The development of 90.8+ acres of property in Section 22, Township 50 South, Range 26 East, Collier County, as a Planned Unit Development to be known as The Sierra Meadows PUD will be in compliance with the planning goals and objectives of Collier County as set forth in the Collier County Growth Management Plan. The commercial, residential and conservation reserve tracts of the Sierra Meadows PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: The subject property is located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and CR 951, and is classified as the Urban Commercial Mixed Use Activity Center on the Collier County Future Land Use Map. The Mixed Use Activity Center permits up to 40-acres of commercial and residential development at up to sixteen (16) dwelling units per acre within the Activity Center. The Sierra Meadows PUD calls for a 30- acre plus commercial tract with an integrated three-hundred (300) multi- family dwelling unit tract. Activity Centers are the preferred locations for the concentration of mixed- use residential and commercial development activities. The proposed development includes both residential and commercial uses which is entirely consistent with the Urban Commercial District Objective and associated Policies and Standards. Provisions are included in the project to minimize the number of ingress and egress points onto Rattlesnake Hammock Road and C.R. 951 so as to coordinate on-site and off-site traffic movements and to provide interconnections for pedestrians, bicycles and motor vehicles for existing and future adjacent projects. e The project development promotes sound planning and ensures land use - compatibility as required by Objective 5 of the Future Land Use Element. The project development is compatible with and complementary to existing and future surrounding commercial land uses to the north and east, existing public community educational facilities to the south and future residential land uses to west. The subject property's Mixed Use Activity Center location in relation to existing or proposed community facilities and services permits the development's intensity of land use as required in Objective 2 of the Future Land Use Element, and the Collier County Density Rating System. All final development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code as set forth in Policy 2.3 of the Future Land Use Element. The development project will be served by a full range of services and utilities provided by the County and will result in an efficient and economical expansion of facilities as required Policy 3.1H of the Future Land Use Element. The project shall be in compliance with all applicable County regulations including the Growth Management Plan. The Sierra Meadows PUD is planned to incorporate open spaces, wetlands and natural systems for water management in accordance with their natural functions and capabilities consistent with Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element and Goals One, Two and Six of the Recreation and Open Space Element. The entire subject property qualifies for a maximum density of 496 dwelling units per acre based upon Future Land Use Element Density Rating System. The project development is consistent with the Density Rating System with a project density of 5.27 dwelling units per acre, or 300 total maximum units. Land Use Area (1) Density Dwelling Units Total Site Area 90.8 Less Commercial Tract 30.2 ac. Right-of-way 3.1 ac. Multi-family Residential 18.7 ac. Preserve and Surface Water 38.8 ac Management Area Net Gross Area For Residential 60.6 ac Density Calculations -- Mixed Use Activity Center · Residential Base Density · Activity Center Density Band · 2 Direct Access Connections 5.1 ac. ~ 16 DUS per ac. 82 DUS 55.5 ac. ~4 DUS per ac. 222 DUS 55.5 ac. ~ 3 DUS per ac. 166 DUS 55.5 ac (~ I DUS per ac 55 DUS Total Estimated Maximum Units 60.6 ac. 8.66 DUS per ac, 525 DUS Sierra Meadows PUD Amendm~t 60.9 ac. 4..9. ,3. DUS per ac. 300 DUS (!) Right-of-way, ~ommercial and Residential Tract areas to be f'malizcd at Final' Site Development Plan Review. 4 SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1 1.2 1.3 1.4 1.5 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the name of The Sierra Meadows PUD LEGAL DESCRIPTION A parcel of land located in Section 22, Township 50 South, Range 26 East, Collier County, Florida, being more particularly described as follows: The North one-half (9-1/2) of the North one-half (9-1/2), except the Northwest quarter (NW-¼) of the Northwest quarter (NW-¼) and road right-of-way and less the Westerly 400 feet, Section 22, Township 50 South, Range 26 East, Collier County, Florida. Containing 90.8 acres, more or less. Subject to easements, reservations or restrictions of record. PROPERTY OWNERSHIP The subject property is currently owned by Land Trust Naples. GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is located at the southwest quadrant of the intersection of Rattlesnake Hammock Road and CR 951 of unincorporated Collier County, Florida. The subject property is located within an Urban Mixed Use Activity Center as designated on the Future Land Use Map. B. The property is currently vacant. The entire site currently has PUD zoning. PROJECT DESCRIPTION Approximately 40-acres of the 90.8 acre property are located within the Mixed Use Activity Center. The Sierra Meadows PUD will include a mixture of land uses for commercial, residential and conservation reserve. The mixed-use project will consist of a 30.2 plus acre commercial land use tract, approximately 3.1 acres of internal right-of-way, a 18.7-acre residential land use tract, and a 38.8-acre conservation reserve tract. The final size and configuration of the commercial, 1.6 right-of-way, residential and conservation reserve tracts will be determined during final Site Development Plan approval process however, the final size shall not deviate more then five percent of the total acreage designated as such, up to five acres in area. Access to the site is provided from both CR 951 and Rattlesnake Hammock Road through existing and proposed median openings to provide ingress and egress to both arterial and collector roadways. The Sierra Meadows PUD Access Management Plan is depicted within the Exhibit "A", PUD Master Plan. A maximum number of three hundred (300) dwelling units are proposed along with two - hundred and sixty thousand (260,000) square feet of gross commercial floor area. The Sierra Meadows PUD intends to establish commercial development guidelines and standards to ensure a high and consistent level of quality for proposed features and facilities. Uniform guidelines and standards will be created for landscaping, lighting, fences and buffers. The Master Plan is iljustrated graphically on Exhibit "A", PUD Master Plan. Individual tract land uses are identified within the Master Plan. SHORT TITLE This Ordinance shall be known and cited as the "Sierra Meadows Planned Unit Development Ordinance." SECTION II PROJECT DEVELOPMENT 2.1 2.2 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL A. Regulations for development of The Sierra Meadows PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections and parts of the Collier County Land Development Code in effect at the time of Site Development Plan or Plat approval, as applicable and as provided in the Land Development Code and Collier County Growth Management Plan in effect at the time of local final development order or building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar distdct in the Collier County Land Development Code shall apply. 2.3 2.4 B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the date of adoption of this PUD. C. All conditions imposed and graphic material presented depicting restrictions for the development of The Sierra Meadows PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subjected to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. PROJECT PLAN AND PROPOSED LAND USES Ao The project Master Plan is iljustrated graphically by Exhibit "A", PUD Master Plan. Bo Minor modifications to Exhibit "A" may be permitted at the time of Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code or as otherwise permitted by this PUD Document. In addition to the various areas and specific items shown in Exhibit "A", easements (such as utility, private, semi-public, etc.) shall be established and/or vacated within or along the property, as may be necessary. LAND USE Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Except as otherwise provided within this PUD Document, any division of the property and the development of the land shall be in compliance with the Subdivision Regulations and the platting laws of the State of Florida. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 prior to the issuance of a building permit or other development order. Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and provision for perpetual maintenance of common facilities. 2.5 2.6 2.7 2.8 2.9 2.10 2.11 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD document and Master Plan as provided in Section 2.7.3.5 of the Collier County Land Development Code. MODEL HOMES Model Homes and Model Home Sales Centers shall be permitted as provided for in Section 2.6.33.4 of the Collier County Land Development Code. LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL This PUD is subject to the sunsetting provisions as provided for within Article 2, Division 2.7, Section 2.7.3.4 of the Collier County Land Development Code. PUD MONITORING An annual monitoring report shall be submitted pursuant to Article 2, Division 2.7, Section 2.7.3.6 of the Collier County Land Development Code. DEDICATION AND MAINTENANCE OF FACILITIES The Developer shall create appropriate property ownership association(s), which will be responsible for maintaining the roads, streets, drainage, common areas, and water and sewer improvements where such systems are not dedicated to the County. OPEN,. SPACE REQUIREMENTS A minimum of thirty percent (30%) of the project's gross area shall be devoted to open space, pursuant to Article 2, Division 2.6, and Section 2.6.32 of the Collier County Land Development Code. The total project is 90.8 +1- acres, requiring a minimum of 27.24 acres to be retained as open space throughout The Sierra MeadoWs PUD. The 38.8-acre conservation reserve tract will comprehensively meet the projects 30% open space requirement. The 30% open space requirement shall not apply to individual development parcels. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Article 3, Division 3.9, Section 3.9.5.5.3 of the Collier County Land 8 Development Code, 25% of the viable naturally functioning native vegetation on site, or approximately 22.7 acres, shall be retained. The 38.8-acre conservation reserve tract will comprehensively meet the projects 25% native vegetation requirement. The 25% native vegetation requirement shall not apply to individual development parcels 2.12 POLLING PLACES Pursuant to Article 3, Division 3.2, Section 3.2.8.3.14 of the Collier County Land Development Code, accommodation shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. 2.13 SIGNS Signs shall be in accordance with Article 2, Division 2.5 of the Collier County Land Development Code. 2.14 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 of the Collier County Land Development Code may be reduced with the administrative approval of the Collier County Engineering Review Manager. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1; however, removal of fill from The Sierra Meadows PUD shall be limited to an amount up to 10 percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. 2.15 EXCAVATION AND VEGETATION REMOVAL A. Improvement of property shall be prohibited prior to Issuance of a building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced pdor to the issuance of a building permit where the development proposed requiras a building permit under the Land Development Code or other applicable County regulations. Exceptions to this requirement may be granted by the Community Development and Environmental Services Administrator for an approved Subdivision or Site Development Plan to provide for distribution of fill excavated on site or to permit construction of an approved water management system, to minimize stockpiles and hauling off-site or to protect the public health, safety and welfare where clearing, grading and filling plans have been submitted and approved meeting the standards of Section 3.2.8.3.6. of the Code and a Clearing and Filling Permit has been issued. Removal of exotic vegetation shall be exempted upon receipt of a vegetation removal permit for exotics pursuant to Division 3.9 of the Land Development Code. B. A site clearing, grading, filling and revegetation plan and a Clearing and Filling Permit Application, where applicable, shall be submitted to the Community Development and Environmental Services Administrator or his designee for review and approval prior to any clearing, grading or filling on the property. This plan may be submitted in phases to coincide with the development schedule. The site- clearing plan shall clearly depict how the improvement plans incorporate and retain native vegetation. The site specific clearing, grading, and filling plan for a Subdivision or Site Development Plan may be considered for review and approval under the following categories and subject to the following requirements: Removal of exotic vegetation is permitted upon receipt of a vegetation removal permit pursuant to Division 3.9. Additional site alteration may be permitted or required to stabilize and deter reinfestation by exotics subject to the following: a) Provision of a site filling and grading plan for review and approval by the County; b) Provision of a revegetation plan for review and approval by the County; Site filling exceeding 25 acres to properly utilize fill generated on site, but which does not require the removal of more than 25 acres of protected vegetation, may be approved by the Community Development and Environmental Services Administrator subject to submission of the following: a) A site-clearing plan shall be submitted for review and approval that shows the acreage to be cleared. A minimum of 25% of the natural functioning vegetation shall be retained. b) The applicant shall submit a detailed description of the fill and site work activity including a plan indicating fill placement locations and depths, grading plan and water management improvements. c) The applicant shall submit a detailed revegetation plan including a cost estimate. The cost estimate shall include the cost of grading, revegetation and yearly maintenance cost and a time specific schedule on completion of the revegetation work. d) The permittee shall post a surety bond or an irrevocable standby letter of credit in an amount of 110% of certified cost estimate as previously detailed including the maintenance cost for 3 years. The amount of the security may be reduced upon the issuance of a 10 2.16 building permit. A separate security will not be required if such costs are included in the subdivision security. ARCHITECTURE AND SITE DESIGN All signage, fencing and landscaping shall be architecturally unified for all development on the subject site. All commercial buildings shall comply with Division 2.8 of the Collier County Land Development Code (Architectural and Site Design Standards and Guidelines) prior to issuance of a building permit. SECTION III RESIDENTIAL DISTRICT 3.1 3.2 3.3 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as "Residential". MAXIMUM DWELLING UNITS A maximum number of three hundred (300) Dwelling Units may be constructed on lands designated "Residential" on the PUD Master Plan. For assisted living facilities, the maximum gross floor area shall not exceed a factor of 0.45 (0.45 times the area of the property excluding conservation tracts and commercial tracts). GENERAL DESCRIPTION A. Areas designated as Residential on the PUD Master Plan are designed to'-' accommodate Multi-family and Group Housing, along with associated recreational facilities, essential services, and customary accessory uses. B. The approximate acreage of the Residential District is eighteen and seven- tenth (18.7) acres. Actual acreage of all development tracts will be provided at the time of Site Development Plan approval in accordance with Division 3.3 of the LDC. The Residential tract is designed to accommodate internal roadways, open space, parks, amenity areas, lakes and water management facilities, and other similar uses. 1! 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or part, for other than the following: A. Principal Uses: 1) Multiple-family dwellings including Garden Apartments. 2) Single-family Attached and Townhouse 3) Assisted Living Facilities (ALFs) pursuant to Section 2.6.26 of the Land Development Code. 4) Group Care Facility (category I and category II) pursuant to Section 2.6.26 of the Land Development Code, excluding Homeless Shelters. 5) Nursing home facility pursuant to Section 2.6.26 of the Land Development Code. 6) Group Care units, except homeless shelters, pursuant to Section 2.6.26 CCLDC. 7) Guard houses and entrance gates. 8) Management offices and recreational facilities that serve the group housing development including but not limited to administrative offices, tennis courts, pools, pool cabanas, clubhouses and gazebos. 9) Any other principal use, which is comparable in nature with the foregoing, uses. B. Accessory Uses: 1) Uses and structures that are necessary and Incidental to uses permitted as a right including, but not limited to, garages and carports. 2) Parks, passive recreational areas, boardwalks, observation platforms. 3) Biking, hiking, health and nature trails. 4) Water management facilities and lakes, including lakes with seawalls and other types of architectural bank treatment, and essential services. 5) Recreational shelters, restrooms, off-street parking, lighting and signage. 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Residential District. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. Development standards for uses not specifically set forth in Table 1 shall be established during the Site Development Plan approval as set forth in Division 3.3 of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. Site development standards for single family attached and townhouses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. 4. During the platting process, the developer shall identify the specific housing type intended for each platted tract. ]3 TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL TRACTS SINGLE FAMILY MULTI- PERMITTED USES ATTACHED & FAMILY AND STANDARDS TOWNHOUSE DWELLINGS Category I 2 Minimum Lot Area 3,000 SF per DU I AC Minimum l,ot Width *1 30 150 Front' Ya'~'d 20 25 Front Yard for 10 15 Side Entry Garage Side Yard 0 or .5 BH (4) 0.5 BH Rear Yard Principal.2 20 BH Rear Yard Accessory 10 15 Maximum Building Height *3 35 55 Distance Between .5 SBH .5 SBH Principal Structures ' Floor Area Min'. (S.F.} 1200 425 *5 BH: Building Height SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purposes of determining setback requirements. S__.[F: Square feet All distances are in feet unless otherwise noted. Front yards shall be measured as follows: A. If the parcel is served by a public right-of-way, setback is measured from the adjacent right- of-way line. B. If the parcel is served by a private road, setback is measured from the back of curb (if curbed) or edge of pavement (if not curbed). C. If the parcel is served by a platted private drive, the setback Is measured from the back of the nearest easement or property line, whichever is more restrictive. '1 - Minimum lot width may be reduced by 20% for cul-de-sac lots provided minimum lot area requirement is still maintained. *2 - Rear yards for principal and accessory structures on lots and tracts which abut a non- jurisdictional open space or native vegetation preservation area may be zero (0') feet except that when abutting a lake or water body; an architectural bank treatment shall be incorporated into the design. 14 *3 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the uppermost finished ceiling elevation of the structure. *4- The zero (0') foot provision does not apply to any exterior wall of a structure, and is intended to apply to the common wall or wall along interior lot lines within a series of townhouse or semi- detached units. *5 - Group care facility (category I and category II other than homeless) - 1,500 sq.ft, plus 200 sq.ft, per live-in person, beginning with the seventh live-in person. 15 SECTION IV COMMERCIAL DISTRICT 4.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on the Exhibit "A", PUD Master Plan as "Commercial". 4.2 4.3 GENERAL DESCRIPTION A. Areas designated as "Commercial" on the Master Plan are designed to accommodate a full range of commercial uses, hotel/motel, essential services, and customary accessory uses. B. The approximate acreage of the 'Commercial District that includes the project's internal right-of-way will be thirty and three-tenths (33.3) acres of which approximately three and one-tenth (3.1) acres will be for right-of-way. Net commercial land area will be thirty and two-tenth (30.2) acres. Actual areas of all development tracts and outparcels will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.2 and Division 3.3 respectively, of the Collier County Land Development Code. Commercial tracts are designed to accommodate internal roadways, open spaces, lakes, water management facilities, and other similar uses. Up to two hundred and sixty thousand (260,000) square feet of retail or office development is permitted within this Commercial area of the Planned Unit Development. PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Agricultural Services (Group 0742, 0752, except for outdoor kenneling) 2. Amusements and Recreation Services - Indoor (7911 to 7933, 7991 and 7997) 3. Apparel and Accessory Stores (Groups 5611-5699) Auto and Home Supply Stores (5531) Automotive Services, Car Washes, Supplies and Gasoline Station, subject to Section 2.6.28 of the Land Development Code (Groups 5531 with primary emphasis on Sale of Automotive Pads and their Installation, but not unrelated Repairs; 5541 which may include a Car Wash as defined by 7542, with the exception of Bus and Truck Washing and Ancillary Repairs normally a function of a Full Service Automobile Gasoline Service Station. Car washes abutting residential land uses subject to Section 2.2.15.2.1.5 of the Land Development Code.) 6. Automotive Repair, Services and Parking (Groups 7514, 7515, 7521) 7. Building Materials, Hardware and Garden Supplies (Groups 5211, 5231, 5251 - Outside Storage is limited only to Garden Supplies). o Business Services (Groups 7311-7352, 7359, except airplane, industrial truck, portable toilet and oil field equipment Renting and leasing, except armored car and dog rental, 7389 except auctioning, bronzing, field warehousing, salvaging of damaged merchandise). 9. Child Day Care Services (8351) 10. Communications (Groups 4812-4841, except principal transmission towers) 11. Depository Institutions (Groups 6011-6099) 12. Drug Stores and Proprietary Stores (5912) 13. Eating and Drinking Places (Groups 5812-5813. All establishments engaged in the retail sale of alcoholic beverages are subject to the location requirements of Sec. 2.6.10) 14. Hotels and motels (Groups .7011, 7021, 7041). 15. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748) 16. Food Stores (Groups 5411-5499) 17. General Merchandise Stores (Groups 5311-5399) 18. Group Care Facilities (Category I and II) Care Units and Nursing Homes, subject to Sec. 2.6.26 19. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 20. Health Services (Groups 8011-8049, 8082) 21. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736) 22. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411) 23. Legal Services (8111 ) 24. Libraries (8231) 25. Management and Public Relations Services (Groups 8741-8743,8748) 26. Membership Organizations (8611-8699) 27. Miscellaneous Personal Services (7291) 28. Miscellaneous Retail (Groups 5912-5963, 5992-5999) 29. Motion Picture Theaters (7832). 30. Museums and Art Galleries (8412) 31. Non-depository Credit Institutions (Groups 6111-6163) 32. Paint, Glass and Wallpaper Stores (5231) 33. Personal Services (Groups 7212, 7215, 7217, 7219-7299) 34. Public Administration (Groups 9111-9199, 9229, 9311,9411-9451, 9511-9562, 9611-9661) 35. Real Estate (Groups 6512, 6531-6541) 36. Retail Nurseries, Lawn and Garden Supply Stores (5261) 37. Security and Commodity Brokers, Dealer, Exchanges and Service (Groups 6211- 6289) 38.Video Tape Rental (7841) 39.Vocational Schools (Groups 8243-8299) 40. Any other general commercial use, which is comparable in nature with the C-4 General Commercial District in effect on the date of approval of this PUD Ordinance and the foregoing uses. 18 4.4 ACCESSORY USES AND STRUCTURES Any other general commercial use which is comparable in nature with the foregoing uses including buildings for retail, service and office purposes consistent with the permitted uses and purpose and intent statement of the Mixed Use Activity Center Subdistrict which .the Planning Services Department Director determines to be compatible. 4.5 DEVELOPMENT STANDARDS A. Minimum lot area: Ten thousand (10,000) square feet. Minimum lot width: Seventy-five (75) feet, as measured by the exterior project lines. Co Minimum yard requirements: 1. Front yard: Twenty-five (25) feet. 2. Front yard CR 951 and Rattlesnake Hammock Roads: The distance equal to the height of the building, but no less than twenty-five (25) feet. 3. Side yard: Fifteen (15) feet. 4. Rear yard: Fifteen (15) feet. 5. Any yard abutting a residential parcel and the southern property boundary: Twenty-five (25) feet. D. Distance between principal struCtures: The distance between any two principal structures on the same parcel shall be fifteen (15) feet or a distance equal to one-half the sum of their heights, whichever is greater. E. Minimum off-street parking and off-street loading: As required by Division 2.3. of the Land Development Code. F. Minimum floor area of principal structure: Seven hundred (700) square feet gross floor area for each building on the ground floor. G. Maximum height: Fifty (50) feet above Mean Flood Elevation as measured by the finished floor elevation to the building eave. H. General application for setbacks: Front yard setbacks shall comply with the following: 1. If the parcel is served by a public or pdvate right-of-way, the setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. 3. If the parcel is served by a platted pdvate drive, the setback is measured from the road easement or property line, whichever is more restrictive. I. Architectural and site design standards: All commercial buildings and projects shall be subject to the provisions of LDC Division 2.8 and any other applicable sections of the Land Development Code. J. Merchandise storage and display: Unless specifically permitted for use, outside storage or display of merchandise is prohibited. K. Landscaping: As required by Division 2.4. of the Land Development Code. L. Signs: As required by Division 2.5. of the Land Development Code. SECTION V CONSERVATION RESERVE DISTRICT 5.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for areas within The Sierra Meadows PUD designated on Exhibit "A", PUD Master Plan as Conservation Reserve Tract. 5.2 GENERAL DESCRIPTION The 38.8-acre tract designated as conservation Reserve on the PUDMaster Plan is designed to accommodate a full range of conservation and limited water management uses, functions and berms. The primary purpose of the Reserve District is to conserve native on-site wetlands and uplands habitat, to allow for the restoration and enhancement of impacted or degraded wetlands, to provide a native open space site amenity for the enjoyment of The Sierra Meadows PUD residents, and to provide a native vegetative buffer for future adjoining residential uses to the west. The Conservation Reserve Tract consists of 35.9 acres of wetlands and uplands preserve, and 2.9 acres of a perimeter berm easement. The final size and configuration of the commercial, residential and conservation reserve tracts will be determined during final Site Development Plan approval process. However, the final size shall not deviate more than five percent of the total acreage designated as such, up to five acres in area. 5.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: Permitted Principal Uses and Structures: A. Passive recreational areas, boardwalks, and recreational shelters. B. Nature trails, excluding asphalt paved surfaces. Water management facilities, berms, structures and lake bulkheads or other structural treatments. D. Mitigation areas. Any other conservation and related open space activity or use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS Ao All structures shall set back a minimum of fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of reserve District boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by the Collier County Land Development Code, Section 3.2.8.4.7.3 for preservation lands included in th® Conservation Reserve District. In addition to Collier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Code, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies. The developer or owners of The Sierra Meadows PUD shall be responsible for control and maintenance of lands within the Reserve District. SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this section is to set forth the standards for development of the project. 6.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the Final subdivision plats, and all applicable state and local laws, codes and regulations applicable to this PUD. Except when specifically noted or otherwise set fodh in this document, the standards and specifications of Division 3.2 of the Land Development Code shall apply to this project even if the land within the PUD is not to be platted. All state and federal Permits shall be effective according to the stipulations and conditions of the permitting Agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein. The developer and/or his successor shall agree to follow the Master Plan and the PUD regulations as adopted, along with any other conditions or modifications as may be agreed to in the rezoning of this property. In addition, the developer and the successors are bound by the commitments within this agreement. 6.3 PUD MASTER PLAN Ao Exhibit "A", PUD Master Plan iljustrates proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be vaded at any subsequent approval phase such as Final Plaffing or site DeveloPment Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code, amendments may be made from time to time. All necessary easements, dedications or other Instruments shall be granted to ensure the continued operation and maintenance of all service utilities and all common areas in the project. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code, including development monitoring report provisions. 2:) 6.4 6.5 WATER MANAGEMENT Excavation permits will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code, as amended. Excavated material from the property is intended to be used within the project site. Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Engineering Review Services. Co In accordance with the Rules of the South Florida Water Management District (SFWMD), Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year frequency. Do Design and construction of all improvements shall be subject to compliance with the appropriate provisions of Division 3.2 of the Collier County Land Development Code. Prior to construction plans approval, the petitioner shall demonstrate legal and physical evidence of a positive ouffall for the water management system. The County reserves a 30 foot wide drainage easement along the western property line for the future widening of Rattlesnake Hammock Road, to which the developer does not object. Permit modifications or conditions, or amendments or new permits required to accommodate the County's drainage easement, including any mitigation, shall be the sole responsibility of the County. TRANSPORTATION The developer shall provide a fair shara contribution toward the capital cost of a traffic signal at the intersection of CR 951 and the project entrance if and when the County warrants the project. The signal will be owned, operated and maintained by Collier County. The developer shall provide arterial level street lighting at all project entrances prior to the issuance of a Certificate of Occupancy. Evidence of an FDOT Connection Permit or Notice of Intent to Issue a Connection Permit shall be provided prior to the issuance of any development permit for the project. 6.6 6.7 6.8 The developer shall provide sidewalksibikepaths along all PUD development tract arterial roadway frontages at the time of final site development permitting and construction for each phase and parcel of the PUD. At each development access driveway, an additional 12 feet is needed for right turn lane facilities. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication shall be considered site related, and there shall be no road impact fee credits to the applicant. The applicant shall provide to the County in fee simple ownership, a strip of land 25 feet in width along the entire length of the Rattlesnake Hammock Road right-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional right-of-way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22, as amended. The future right-of-way shall be made available to the County either upon presentation of the plat for recording, or within 120 days notice to the applicant by the County of the County's need for the land, whichever occurs earlier. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. UTILITIES Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance 88-76, as amended, and other applicable County rules and regulations. ENGINEERING Except as otherwise provided within this PUD document, this project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. .ENVIRONMENTAL. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. 24 Co Do Eo Gm All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and if the property is platted shall be recorded on the plat with protective convenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the Land Development Code. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approved by Current Planning Environmental Staff. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Plan approval. This plan shall include methods and time schedule for removal of exotic vegetation within the conservation/preservation area. The project shall comply with the environmental sections of the Land Development Code and the Growth Management Plan in effect at the time of final development order approval. The 35.9-acre Conservation ReserVe Tract will serve to meet all Land Development Code native open space requirements for the Residential and Commercial Tracts. A copy of the South Flodda Water Management District Conservation Easement will be copied to Current Planning Environmental Staff at the time of the first Site Development Plan approval. ;[5 EXHIBIT B THE SIERRA MEADOWS PUD MASTER PLAN II I I I 'I t M A S T E R P L A N I ~.~U~i~T_~I,~i.L.L.L.L.L.L.L.L.L~.__. --. I .. _., ,,,,, J STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-91 Which was adopted by the Board of County Commissione.~.s the 14th day of December, 1999, during Regular Session. WITNESS my hand and the official seal of the Board County Commissioners of Collier County, Florida, this'i5~%fla~o~ Dece~er, 1999. DWIGHT ~, BROCK ,'~."~-~i'",~:~'--',', ". '~'~ ~ ~, · ..~....~ ~.~,.., .:.% ~.~.~ ~", , ( ~ .% .'. Clerk of Courts and?,.c~,;¢~%~.~','."'-. ~"'; co~tv com~lsslo~e~,~.~, ~- ,, ,:,~,~ : i-: ~