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Ordinance 2012-41Ix�t1 ORDINANCE NO. 12- 41 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA AMENDING ORDINANCE NUMBER 2009 -21, THE MIRASOL RESIDENTIAL PLANNED UNIT DEVELOPMENT, BY INCREASING THE PERMISSIBLE NUMBER OF DWELLING UNITS FROM 799 TO 1,121; BY AMENDING ORDINANCE NUMBER 2004 -41, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF AN ADDITIONAL 95 +/- ACRES OF LAND ZONED RURAL AGRICULTURAL (A) TO THE MIRASOL RPUD,' BY REVISING THE DEVELOPMENT STANDARDS; - BY AMENDING THE MASTER PLAN; AND ADDING DEVIATIONS AND REVISING DEVELOPER COMMITMENTS. THE PROPERTY IS LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR 846) BORDERED ON THE EAST BY BROKEN BACK ROAD AND FUTURE COLLIER BOULEVARD (CR 951) IN SECTIONS 10, 15 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA CONSISTING OF 1,638.6 + /- ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, IMCOLLIER JOINT VENTURE, represented by Richard D. Yovanovich, Esquire of Coleman, Yovanovich & Koester, P.A., petitioned the Board of County Commissioners to amend the PUD and change the zoning classification of the additional herein described real property. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: ZONING CLASSIFICATION The zoning classification of approximately 95 acres of the herein described real property located in Sections 10, 15 and 22, Township 48 South, Range 26 East, Collier County, Florida is changed from a Rural Agricultural Zoning District to the Mirasol Residential Planned Unit Development (RPUD) Zoning District and when combined with the existing Mirasol RPUD provides for a 1,638.6 + /- acre project in accordance with the revised Exhibits A -F, attached hereto and incorporated by reference herein. The appropriate zoning atlas map or maps, as Mirasol RPUD \ PUDZ- A- PL2012 -303 Page I of 2 Rev. 9/26/12 3 described in Ordinance Number 04 -41, as amended, the Collier County Land Development Code, is /are hereby amended accordingly. SECTION TWO: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by super- majority vote of the Board of County Commissioners of Collier County, Florida, this 130- day of N cv e'-n 6 l , 2012. ATTE §T",'. ...... : DWIPHT E. NO I CLERK z . � e u$$y Clerk A ` t'rsq ;to tilt Q Approved as to form and legal sufficiency: -A eidi Ashton -Cicko Managing Assistant County Attorney Attachments: Exhibit A - Exhibit B - Exhibit B2 - Exhibit C - Exhibit C2 - Exhibit D - Exhibit E - Exhibit F - Permitted Uses Development Standards Flag Lot Scenario Location Map Master Plan Legal Description Deviations Developer Commitments BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: C' Va FRED W. COYLE, C i a CP\ 12- CPS - 01158 \48 This or inor-­ t:4, with the Secretary of S ?.:re's CffiC-'tt e (W—Ad ay of and acknowledgement of that film rec ived ay of Mirasol RPUD \ PUDZ- A- PL2012 -303 rase 2 of 2 By �o�„� c,.rx Rev. 9/26/ 12 EXHIBIT A FOR MIRASOL RPUD PERMITTED USES: A maximum of 799 1,121 residential units and a maximum of 36 18 golf course holes may be developed within the RPUD. I. Residential /Golf Tracts (RG): A. Principal Uses: 1. Single - family detached dwelling units. 2. Zero lot line dwelling units. 3 Single family attae e a *Townhouse dwellings. 4. Two - family and duplex dwellings. 5. Multiple - family dwellings. 6. Any other principal use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG" district. B. Accessory Uses /Structures: 1. Uses and structures customarily associated with principal uses permitted 2. Guest houses. 3. Common area recreation facilities for residential uses. residents and their guests. 4. 4. Open space uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 4. 5. Model homes, model home sales centers, weleeme eenters and sales trailers, including offices for project administration, construction, sales and marketing as well as resale and rental of units. 6. Golf course, practice areas and ranges, golf cart barns, rest rooms, shelters snack bars and golf course maintenance yards for residents and their ug ests. PUDZ- A- PI20120000303 Strike - through text is deleted Page I of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 -$r. 7. Golf Club Complex as located on the Master Plan: i) Retail establishments accessory to the permitted uses in the District such as, but not limited to, golf, tennis and recreation related sales for residents and their ug ests. ii) Restaurants, cocktail lounges, and similar uses intended to serve elub membefs and elub guests for residents and their ug ests. iii) Pro - shops, golf club, tennis clubs, and health spas for residents and their guests. iv) Golf course, practice areas and ranges, golf cart barns, rest rooms shelters snack bars and golf course maintenance yards and facilities. -9 8. Shuffleboard courts, tennis courts, swimming pools, and other types of accessory facilities intended for outdoor recreation for residents and their guests. 1$: 9. Guardhouses, gatehouses, and access control structures. ++. 10. Essential services, pursuant to the LDC. . 11. Water management facilities and related structures. 13. 12. Lakes including lakes with bulkheads or architectural or structural bank treatments. 1+ 13. pParks, recreational facilities, community centers for residents and their guests. 1-5-. 14. Temporary construction, sales, and administrative offices for the developer, builders, and their authorized contractors and consultants, including necessary access ways, parking areas and related uses. ifr. 15. Landscape features including, but not limited to, landscape buffer berms, fences and walls. F7-. 16. Any other accessory use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the "RG" district. II. Conservation/Preserve Tract: A. Principal Uses: PUDZ- A- PL20120000303 Strike- through text is deleted Page 2 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 Passive recreation uses limited to the following so long as clearing for such uses does not result in the reduction of Ppreserve acreage below the minimum requirement: i. Boardwalks ii. Environmental uses (wetland and conservation areas) iii. Pedestrian bridges — ii..Equestrian tr ;1 -v-. iv Pervious nature trails except where American Disabilities Act requires otherwise. -4. v. Native Wildlife sanctuary -Vii. vi. Inclement weather shelters, in preserve upland areas only unless constructed as part of a permitted boardwalk system. The shelters shall be a maximum of 150 square feet each. 2. Environmental research 3. Drainage and water management facilities subject to all required permits. 4. Any other use which is comparable in nature with the foregoing list or permitted principal uses, as determined by the Board of Zoning Appeals through the process outlined in the LDC. PUDZ- A- PL20120000303 Strike- through text is deleted Page 3 of 19 Miraso) RPUD Underline text is added Last Revised: September 25, 2012 EXHIBIT B FOR MIRASOL RPUD DEVELOPMENT STANDARDS: Table I below sets forth the development standards for land uses within the RPUD. Standards not specifically set forth herein shall be those specified in applicable sections of the LDC in effect as of the date of approval of the site development plan (SDP) or subdivision plat. TABLE I DEVELOPMENTSTANDARDSFOR "RG" RESIDENTIAL AREAS PUDZ- A- PI20120000303 Strike- through text is deleted Page 4 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 sifl Clubhouse/ PERMITTED Single Zero Two Family ley Multi- Recreation USES Family Lot and Duplex Attaelred Family Buildings AND Detached Line Townhouse* 12 Dwelling * 12 *6 STANDARDS 1 2 3 4 5 6 Principal Structures Minimum Lot 5,000 SF 4,000 SF 3,500 SF per 3;5002.000SF 9,000 SF n/a Area lot or unit *3 Minimum Lot 50' *7 40' *7 35' per lot 3-5-1 20'7 90' n/a Width *4 2P or unit *7 Front Yard 20' *2 *7 '20' *2 *7 20' *2 *7 20' *2 A7 20 *2 25' Setback Side Yard 7,52 5' *7 0 or 10' 7.5' *7 *8 7.5' A *8 - 1-31/2 BH *5 5' Setback *2 *11 *7 Rear Yard 15' *7 15' *7 15' *7 15' A7 15' 0' Setback *I Setback From 10' *7 10' *7 10' 10' 10' 20' Golf Course Setbacks from 25' 25' 25' 25' 25' 25' Preserves Maximum 35' 35' 35' 35' 50' (5 stories 50' (2 stories Zoned Height not to over parking not *10 exceed 50') to exceed 50') *9 Actual Height 45' 45' 45' 45' 65' 75' *10 Floor Area 1000 SF 1000 SF 1000 SF 1000 SF 750 SF n/a Min. Per Unit (S.F.) Distance 10' 10' 10' 10' 20='/2 SUM 15' or .5 BH Between of BH *5 whichever is Principal greater *6 Structures PUDZ- A- PI20120000303 Strike- through text is deleted Page 4 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 Front yards for all uses shall be measured as follows: If the parcel is served by a public road right -of -way, setback is measured from the adjacent right -of -way line. 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). * I - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 feet for a side entry garage. Multi- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages shall be a minimum of23 feet from the edge of sidewalk. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *4 — Minimum lot width may be reduced by 20;% for cul -de -sac lots provided the minimum lot area requirement is maintained. * 5 - Building distance may be reduced at garages to half the sum of the height of the garages. *6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary. * 7 - The use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths. However, neither the minimum lot area, nor the minimum distance between structures may be reduced. * 8 -Z.ero foot (0') setback for internal units. PUDZ- A- PL20120000303 .Strike - through text is deleted Page 5 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 Single Zero Two Family single Multi- Clubhouse/ Family Lot and Duplex F Family Recreation Accessory Detached Line Attached awl Dwelling Buildings Structures Townhouse *6 Front Yard SPS *7 SPS *7 SPS SPS SPS SPS Setback *2 Side Yard 5' *7 0 or 10' 5' 5' 441 1/2 BH 5' Setback *7 Rear Yard 40 5' *7 4.0 5' *7 40 5' 40 5' 10' 4-0 5' Accessory Setback *1 Setback From 10' 10' 10' 10' 10' 10' Preserves Distance 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' 0' or 10' Between Accessory Structures on the same lot Distance 0' or W 5' 0' or -l& 5' 0' or W 5' 0' or W 5' 0' or W 5' 0' or -l& 5' Between Accessory and Principal Structures on same lot Maximum SPS SPS SPS SPS SIRS 35' SRS 35' Zoned Height *10 Actual Height SPS SPS SPS SPS SIPS 45' SIBS 45' *10 Front yards for all uses shall be measured as follows: If the parcel is served by a public road right -of -way, setback is measured from the adjacent right -of -way line. 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). * I - Rear yards for principal and accessory structures on lots and tracts which abut lakes and open spaces. Setbacks from lakes for all principal and accessory uses may be 0 feet provided architectural bank treatment is incorporated into design and subject to written approval from the Collier County Engineering Review Section. *2 - Single- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking other than in private driveways may reduce the front yard requirement to 10 feet for a side entry garage. Multi- family dwellings, as defined in the LDC, which provide for two parking spaces within an enclosed garage and provide for guest parking may reduce the front yard to 15 feet. This reduction shall not result in an approval to impede or block the sidewalk. Front loaded garages shall be a minimum of23 feet from the edge of sidewalk. *3 - Each half of a duplex unit requires a lot area allocation of 3,500 square feet for a total minimum lot area of 7,000 square feet. *4 — Minimum lot width may be reduced by 20;% for cul -de -sac lots provided the minimum lot area requirement is maintained. * 5 - Building distance may be reduced at garages to half the sum of the height of the garages. *6 Although neither setbacks nor separation between structures are applicable to the clubhouse and other recreation structures located on a clubhouse tract, neither the clubhouse nor any other recreational structure shall be located closer than 25 feet from any residential or preservation boundary. * 7 - The use of flag lots is allowed to provide maximum flexibility in subdivision design and may vary from the minimum lot widths. However, neither the minimum lot area, nor the minimum distance between structures may be reduced. * 8 -Z.ero foot (0') setback for internal units. PUDZ- A- PL20120000303 .Strike - through text is deleted Page 5 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 *9 Inclusive of under building parking *10 Buildings shall not exceed three stories within 1,250 feet of Immokalee Road. * 1 1 5' side yard setbacks shall apply to lots equal to or lesser than 70' in width. Lots greater than 70' in width will provide 6' side yard setbacks. * 12 Maximum length of buildings shall not exceed 300 linear feet. BH = Building Height SPS = Same as Principal Structure Notwithstanding the foregoing, none of the footnotes shall operate as a deviation from the Land Development Code unless they are listed as deviations on Exhibit E. None of the footnotes operate as deviations from the Collier County Code of Laws and Ordinances. PUD7_- A- PL20120000303 Strike- through text is deleted Page 6 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 I I J MCI LOT I � I FLAB LOT I DENOTES LOT UNE NOTE: THIS EKNIRIT IS FOR IUUSTRATIYE PURPOSES TO SHOW NOW CERTAIN GEOMETRY OF A MEN TRACT WOULD FACIUME THE IMPLEMENTATION OF A 'FLAO LOT' DESl6N LAYOUT. 0 50 1O0 200 SCALE IN FEET I.M. COLLIER JOINT VENTURE IMPRGNOLI w .�...�,.— �.�.�..N..IS,�....v>«. :: 8F 1BARBER & M"n RUNDAGE INC. Professional Engineers, Planners & Lind Surveyors CA -C—.,. fps T.wi...i T..i K.N.P%�/L.1.1+ BUILOINC FOOTPRINT FLAG LOT I I MIRASOL PUDA FLAG LOT SCENARIO EXHIBIT 'B2' ey: J h a N w 4 5 PUDZ- A- PL20120000303 .Strike - through text is deleted Page 7 of 19 Mirasol RPUD Underline text is added Last Revised: September 25. 2012 7 s SEE SHEET # 2 FOR CONTINUATION R/6 TERARMA (FUR) R/6 L T:��D R/6 Pw L I COL R/0;L L OLDS a CYPRESS a s• ` (PUP) w n MIRASOL „ n PROPERTY BOUNDARY p u � •a n �•a• •is M p I • L M p 1! 2? T! e o INNOKALEE ROAD (C.IL 9") td ME ': L.S.E. R/6 L L R/6 OL R/6 L� L `�\ L R/6 C L R/6 n SIGNAGE (TYP -) R/6 QL R/6 FACILITY TREE FARM trap) –MYATE SPINE ROAD --POSSIBLE PIRURE INTERCONNECT Is' TYPE TF' LLL PROPERTY BOUNDARY POSSIBLE FUFBRE INTERCONNECT FUTURE ACTIVITY CENTER NOTE FOR PLAN LEGEND AND p SPECIAL NOTES SEE O SHEET B OF It II W J 0 to N ,,,--SFWMD ' PRESERVE HERITAGE BAY (PUD) SIGMA" (1Y►.) — PRIVATE SPINE ROAD i0'TYPE V LI.E. _ 10C PROPOSED C.R. 90 W. R.O.N. DEDICATION F1 ENGINEERING as � a ur Es9allfOARKX � !NM rArt� rM/L�L -YRNf �Nf���KlM1L ►e W�Kilf►� n�� ranri n o etmm�nar � MIRASOL ILP.U.D. APAENDMffivT CONCEPTUAL MASTER PLAN EXHHI3rF "C2" SHEET I OF 3 Fa.E NAME: 27600BMMdwB 17DAT7111): 2011-09 -25 PUDZ- .A- PL20120000303 Strike- through text is deleted Page 8 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 N CONCEPTUAL MASTER PLAN EXHIBIT "C2" SHEET 2 OF 3 PILE NAM& 27600602 dw� iJPDATBd 2012-023 PUDZ- A- PL20120000303 Strike- through text is deleted Page 9 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 b 8 w L11 400W r .'COLLIERZOONIV' WMANr ■ ooTFANCEI ............ O"ER: FLANA1t UC MIRASOL FARIOANIS PROPERTY (nIO) EOONOANY VACANT (N VACANT t • �t • TERAFINA Imp) ••'•'•'•'• .. '• •'• • ••• • •'.••••'•'• r ENGINEERING ................ a• a..g.r..�» Ewffiur r walum SEE SHEET # I FOR CONTINUATION znwmw OMWU `ILMIn `"` R O►ML7f7T 11LM.i1r NOTE: fl1y 11M�� 'u..MM IfJOO Nl�OWm..Y{ FOR FLAN 11UNO ASO SFE W NOTES SEE SHEET I OF I MIRASOL ".UM. AMMMMT CONCEPTUAL MASTER PLAN EXHIBIT "C2" SHEET 2 OF 3 PILE NAM& 27600602 dw� iJPDATBd 2012-023 PUDZ- A- PL20120000303 Strike- through text is deleted Page 9 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 g� 8 S L CONCEPTUAL LAKE LOCATIONS * R/G RESIDENTIAL / GOLF 0 PRESERVE RIGHT -OF -WAY * LAND USE AREAS ARE CONCEPTUAL AND SUBJECT TO RELOCATION IN ACCORDANCE WITH THE LOC. SPECIAL NOTES: 0 WHERE APPLICABLE ALONG PROJECT BOUNDARY AND UNLESS OTHERWISE NOTED PRESERVE AREAS SHALL SERVE AS BUFFERS. IF AFTER EXOTIC REMOVAL THE PRESERVE VEGETATION FAILS TO MEET MINIMUM CODE BUFFER STANDARDS ADDITIONAL PLANT MATERIAL $HALL BE REQUIRED. NATIVE HABITAT SUMMARY: EXISTING NATIVE HABITAT = 895.6 As. t REQUIRED NATIVE HABITAT = 537.4 As. ± PROVIDED NATIVE HABITAT (ON SITE) = 537.4 As. -- ACREAGE SUMMARY: SECTION 22 = 425.8 Aa. ± SECTION 15 = 634.6 Ae. t SECTION 10 = 578.2 As. ± TOTAL = 1,638.6 Ae. t TOTAL AREA OUTSIDE DEVELOPMENT BOUNDARY = 928.8 As. t TOTAL AREA WITHIN DEVELOPMENT BOUNDARY = 709.8 Ac -t asvpw �aLow wMaAro f grinlz � fNMMIOftwMM -Y1[M RllMK77R 111 -/Lfr 9Ml+YMw1�� nn ®w mw�na.u.�us�awr� MIRASOL RP.U.D. AMENDMBA"r CONCEPTUAL MASTER PLAN E?CHMrr "C2" SHEET 3 OF 3 FUX NAM& 27600B0602.dwg UPDATRD: 2012-09 -25 PUDZ- A- PI..20120000303 Strike - through text is deleted Page 10 of 19 Mirasol RPUD (inderline text is added Last Revised: September 25, 2012 EXHIBIT D FOR MIRASOL RPUD LEGAL DESCRIPTION ALL THAT PART OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; LESS AND EXCEPTING THE FOLLOWING FOUR (4) PARCELS: 1) THE SOUTH %2 OF THE NORTHEAST ' /4 OF THE NORTHWEST' /4, 2) THE SOUTH '/2 OF THE SOUTHEAST '/4 OF THE SOUTHEAST ' /a, 3) THE NORTHEAST '/4 OF THE SOUTHEAST '/a OF THE SOUTHEAST '/4, 4) THE EAST HALF OF THE NORTHWEST' /4 OF THE SOUTHEAST' /4 OF THE SOUTHEAST 1/4 AND ALL OF SECTION 15, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA AND ALL THAT PART OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; THE NORTHEAST/40F THE NORTHWEST '/4, AND THE EAST '/2 OF THE NORTHWEST '/a OF THE NORTHWEST 1/4, THE WEST/ 20F THE SOUTHEAST' /4 OF THE NORTHWEST 1/4, THE EAST/ 20F THE NORTHWEST/ 40F THE SOUTHEAST 1/4, THE EAST V2 OF THE SOUTHEAST/ 40F THE NORTHWEST '/,, THE NORTHWEST '/4 OF THE NORTHEAST '/4; AND THE WEST '/2 OF THE NORTHEAST '/4 OF THE NORTHEAST '/4, THE EAST '/2 OF THE NORTHEAST/40F THE NORTHEAST '/4, THE WEST'' /2 OF THE SOUTHWEST/ 40F THE NORTHEAST 1/4, THE EAST %2 OF THE SOUTHWEST/ 40F THE NORTHEAST 1/4, THE EAST/20F THE NORTHEAST/40F THE SOUTHWEST '/4, THE EAST/20F THE WEST/20F THE SOUTHEAST/40F THE SOUTHWEST '/4, THE WEST %2 OF THE EAST' /2 OF THE SOUTHEAST' /4 OF THE SOUTHWEST' /4, THE EAST % OF THE EAST/20F THE SOUTHEAST/40F THE SOUTHWEST '/a THE NORTH '/2 OF THE WEST '/2 OF THE NORTHWEST '/4 OF THE SOUTHEAST '/4, THE SOUTHWEST/40F THE NORTHWEST '/a OF THE SOUTHEAST '/4, THE WEST' /2 OF SOUTHWEST/ 40F THE SOUTHEAST '/4, THE WEST 3/4 OF THE EAST/20F THE SOUTHWEST '/4 OF THE SOUTHEAST '/4, THE WEST HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND PUDZ- A- PL20120000303 Strike- through text is deleted Page I 1 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 THE WEST HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE WEST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE EAST HALF OF THE EAST HALF OF THE NORTH '/2 OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND THE WEST HALF OF THE EAST HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND EAST HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE EAST HALF OF THE EAST HALF OF THE NORTH HALF OF THE EAST HALF OF THE SOUTHWEST ONE QUARTER OF THE NORTHWEST ONE QUARTER OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. CONTAINING 1638 ACRES, MORE OR LESS. PUDZ- A- PL20120000303 Strike- through text is deleted Page 12 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 EXHIBIT E FOR MIRASOL RPUD DEVIATIONS 1. Deviation #1 seeks relief from Appendix B of the LDC Section 6.06.01.0, entitled "Typieal Street — See -tie d Right of way ;e;gn— Standerds'i which requires cul -de -sacs and local streets to have a minimum sixty (60') right - of -way width and two (2) ten foot (10') wide travel lanes, to allow a minimum right -of -way width of 40' for private local streets and fifty fee 50' for private spine, roads. 2. Deviation #2 seeks relief from LDC Section 6.06.01.J. Street System Requirements, to allow cul -de -sacs in excess of 1,000' in length. For any cul -de -sac exceeding 488 1,600 feet in length, the roadway must include at approximately 4-,4A8 1,600 feet intervals design features which provide for the ability of emergency vehicles to turn around. Traffic roundabouts, eyebrows, hammerheads or similar design features shall be allowed. 3. Deviation #3 seeks relief from LDC Section 6.06.01.Q. Street System Requirements, which requires that street name markers shall be approved by the County Manager or designee for private streets or in conformance with U.S.D.O.T.F.H.W.A. This requirement shall be waived. However, breakaway posts shall be used. 4. Deviation #4 seeks relief from LDC Section 6.06.01.R. Street Requirements, which requires that street pavement painting, striping and reflective edging of public roadway markings shall be provided by the developer as required by the U.S.D.O.T.F.H.W.A. This requirement shall be waived for private roadways . Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Device standards. 5. Deviation #5 seeks relief from LDC Section 4.05.04.H, which reauires 1 Darkine space Der 200 square feet of office /lobby /pro shop /health club/ clubhouse /lounge /snack bar/dining/meeting room associated with golf courses. The requested deviation is to allow for 3 parking spaces per 1,000 square feet of office /lobby /pro shop /health club /clubhouse /lounge /snack bar /dining/meetin room associated with the proposed golf course. Parking spaces for golf course holes exterior recreation uses, and maintenance buildings will be provided per the LDC. 6. Deviation #6 seeks relief from LDC Section 4.06.04.A, which limits the developer to 100 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD. The requested deviation is to allow the developer to clear up to 300 acres of residential, commercial, or industrial lots or building sites to store excess fill generated by lake excavations within the PUD or project where the excavation is taking place. This is not a deviation from the Collier County Excavation Ordinance. 7. Deviation #7 seeks relief from LDC Section_ 5,03.02.C, which permits a maximum wall height of 6' in residential zoning districts. The requested deviation is to allow a maximum wall height of 8' throughout the development. Where abutting an existing or future public roadway, a 20' tall wall berm, or combination wall /berm is permitted. PUDZ- A- PL20120000303 Strike- through text is deleted Page 13 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 8. Deviation #8 seeks relief from LDC Section 5.04.04.13.5, which permits a maximum of five (5) model homes, or a number corresponding to ten (10) percent of the total number of platted lots, whichever is less, per platted approved development prior to final plat approval. The requested deviation is to allow for a maximum of six (6) model homes per development tract, not to exceed forty (40) model homes within the overall RPUD. As part of the application material for every building_ permit for a model home, the developer shall provide documentation stating how many model homes are in existence so that the maximum of forty (40) model homes is not exceeded. 9. Deviation #9 seeks relief from LDC Section 5.04.06.A.3.e, which allows temporary signs residentially zoned properties up to 4 square feet in area or 3 feet in height. The requested deviation is to allow a temporarLsign or banner up to a maximum of 32 square feet in area and a maximum of 8 feet in height. The temporary sign or banner shall be limited to 28 days per calendar year. 10. Deviation #10 seeks relief from LDC Section 5.06.02.B.2, which permits one (1) real estate pole sign per street frontage that is setback a minimum of 10' from any property line. The requested deviation is to allow for a maximum of two (2) real estate pole signs per street frontage setback a minimum of 5' from the property line along Immokalee Road only. 11. Deviation #11 seeks relief from LDC Section 5.06.02.B.5, which requires on- premise directional signs to be setback a minimum of 10' from internal property lines. The requested deviation is to allow for on- premise direction signage to be setback a minimum of 5' from internal property lines. This deviation does not apply to property adiacent to public roadways. 12. Deviation #12 seeks relief from LDC Section 5.06.02.B.6, which permits two (2) ground signs per entrance to the development with a maximum height of 8' and total sign area of 64 s.f. per sign. The requested deviation is to allow for two (2) ground signs per proiect entrance with a maximum height of 10' and total sign area of 80 s.f. per sign. 13. Deviation #13 seeks relief from LDC Section 5.06.02.13.6, which permits two (2) ground signs per entrance to the development. The requested deviation is to allow for one (1) ground sign at the property corners fronting on existing and proposed public roadways that provide access to the project, in addition to two (2) ground signs at each project entrance. The proposed ground signs at property corners, commonly referred to as "boundary markers ", will be permitted at a maximum height of 10' and sign area of 32 s.f. per sign. 14. Deviation #14 seeks relief from LDC Section 6.06.02.A, which requires sidewalks on both sides of roadways internal to the site. The requested deviation is to allow for an 8' wide sidewalk on one side of the private spine road as shown on the PUD master plan, and 5' wide sidewalks on one side of all other private, local roadways internal to the development that service residential units on one (1) side of the roadway, and /or terminate in a cul -de -sac up to a maximum length of 2,500 I.f. PtJDZ- A- PL20120000303 Strike- through text is deleted Page 14 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 15. Deviation #15 seeks relief from LDC Section 10.02.04.0 which limits the developer to one (1) Site Development Plan submittal for concurrent review with the final plat at such time as the applicant submits the response to the first staff review comments. The requested deviation is to allow for a maximum of three (3) Site Development Plan submittals for concurrent review with the final plat at such time as the applicant submits the response to the staff review comments. PUDL- A- PL20120000303 .Strike- through text is deleted Page 15 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 EXHIBIT F FOR MIRASOL RPUD LIST OF DEVELOPER COMMITMENTS Regulations for development of the Mirasol RPUD shall be in accordance with the contents of this RPUD Ordinance and applicable sections of the LDC and Growth Management Plan (GMP) in effect at the time of issuance of any development order in which said regulations relate. Where this RPUD Ordinance does not provide development standards, then the provisions of the specific sections of the LDC that are otherwise applicable shall apply. A. RPUD MASTER PLAN Exhibit "C2 ", the RPUD Master Plan, illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be final and may be varied at any subsequent approval phase such as platting or site development plan application. Subject to the provisions of Section 10.02.13 of the LDC, RPUD amendments may be made from time to time. B. TRANSPORTATION 1. Upon the County's adoption of a CR -951 extension corridor alignment, and within 180 days of the County's request, the Developer- Owner, its successors or assigns, shall dedicate to County fee simple right -of -way for the roadway and drainage system at the pfedetefmined amount of $45,000 agreed upon appraised value per acre, for those areas located outside the limits of the residential /Golf Course areas depicted as "R/G" on the PUD master plan. Upon recordation of the deed or other conveyance instrument in the public records of Collier County for the dedication of the right -of -way, the Developer shall become eligible for Transportation Impact fee credits in accordance with the consolidated impact fee Ordinance in effect at the time of recordation of the dedication. If the project is built out or has prepaid transportation Impact Fees to be assessed for the project, then the Developer or its successors or assigns shall be eligible to request cash reimbursement. The Developer shall not be responsible to obtain or modify any permits on behalf of the County related to the extension of CR -951. 2. The Developer shall construct a 10' multi -use pathway to be located along the Immokalee Road right -of -way on the North side of the Cocohatchee Canal as a part of the entrance construction. Completion of construction of the pathway shall be completed concurrently with the vehicular connection to the existing bridge over the Cocohatchee Canal. PUDZ- A- PL20120000303 .Strike- through text is deleted Page 16 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 the tefms ef that agfeement, the p.-J--t iested fef 799 dwelling units for- the pufpeses of tfanspeAatien eeneuFfen As set forth by the Mirasol PUD Developers Contribution Agreement (DCA), dated May 3, 2007, the Developer was responsible for a total financial commitment of $3,229,588.00; and upon satisfaction, Mirasol would be vested for transportation concurrency for 799 residential units. The Developer satisfied the financial commitment by funding improvements to the Immokalee Road - Collier Boulevard intersection, which were completed by March 31, 2009 at a cost of $3,187,912.68 and the remaining balance of $41,645.32 was paid to the County. A letter confirming satisfaction of the financial obligations and project vesting was issued by Collier County on April 23, 2009. The Developer, its successors, or assigns, agree that at the time of ffiny-subsequer�t Development Or-def a al within issuance of a building _pg!M t for the 46e residential dwelling unit authorized by this PUD, or commencement of construction of the intersection improvements, the Developer, or its successors or assigns, shall be responsible for their respective fair share of the North leg of the CR -951 /Broken Back Road intersection with Immokalee Road, which includes modification, replacement, or relocation of the at -grade bridge crossing the Cocohatchee Canal. 5. The development shall be limited to a maximum of 781 Two Way, unadiusted PM Peak hour trips. 6. The Developer may use the eastern entrance from Broken Back Road/Collier Boulevard as shown on the master plan for "construction- only" traffic upon issuance of a County road right -of -way permit for temporary access. Developer shall be required to install a stabilized road base and provide for dust abatement measures for the construction traffic. 7. At the time that Developer applies for a road right-way-permit for a permanent eastern entrance from Broken Back Road/Collier Boulevard as shown on the master plan, Developer shall construct at its cost the two northbound lanes of a future four lane road design of Broken Back Road/Collier Boulevard (CR -951) from the Quarry's north entrance (alternatively, from its terminus that may be north of the Quarry's entrance as a result of road construction by others for their site specific access needs) to the Mirasol project's eastern entrance. The roadway shall be constructed in accordance with the design standards includin doge features and sidewalks of a two -lane collector roadway as s required by the Collier County LDC and Code of Laws and Ordinances at the time of issuance of the road right of way permit. The Developer will be required to construct only those site access improvements such as turn lanes along Broken Back Road/Collier Boulevard (CR- 951) that are specific to the Mirasol project. In the event the County at time of issuance of the road right of way permit requests improvements to Broken Back Road/Collier Boulevard (CR -951) that exceed the collector standards of the LDC and Code of Laws and Ordinances, then Developer shall be eligible for impact fee credits for those additional improvements. The County will accept the roadway by Resolution for ownership and maintenance one (1)year after acceptance of the construction of the roadway. The Developer shall not be required as part of this PUD to provide for offsite treatment and storage of stormwater for Broken Back Road/Collier Boulevard (CR -951) outside of the County's road right of way. The PUDZ- A- PL20120000303 Strike- through text is deleted Page 17 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 stormwater is planned to be conveyed to the Quarry for storage /treatment or to another off -site location as directed by Collier County_ C. ENVIRONMENTAL 21. done through a mix of on site and off site pr-esen,atien. The project shall retain a minimum of 537.4 acres of native vegetation on -site in compliance with the Growth Management Plan. Easements or ROW created for access to outparcels within the preserve or for future extension of the CR -951 corridor shall not cause the preserve to fall below the minimum native vegetation retention requirement. D. EXCAVATION Excavation activities shall comply with the definition of a commercial or development excavation pursuant to Section 22 -106 of the Code of Laws and Ordinances of Collier County Florida. The entire water management pass -thru will be constructed at one time as per South Florida Water Management permit PUDZ- A- PL20120000303 Strike- through text is deleted Page 18 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 . - .. D. EXCAVATION Excavation activities shall comply with the definition of a commercial or development excavation pursuant to Section 22 -106 of the Code of Laws and Ordinances of Collier County Florida. The entire water management pass -thru will be constructed at one time as per South Florida Water Management permit PUDZ- A- PL20120000303 Strike- through text is deleted Page 18 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 #11-02031-P, as amended, prior to the residential development under an administratively issued "development" excavation permit as long as no more than 20,000 c.y. of material is removed off -site. As per Section 22 -106 of Code of Laws and Ordinances, a commercial excavation permit will be required for removing more than the approved 20,000 c.y. of material off -site. E. OUTPARCEL IN SECTION 10 A temporary access easement shall be granted by the Owner to the owner of parcel number of 00178760007, at a location specified by IM Collier Joint Venture it's successors and assigns. At such time that the northern portion of the Mirasol RPUD has access to a public road, the developer shall provide reasonable access from the parcel number 00178760007 across the Mirasol RPUD to the public road. Both the temporary and permanent easements shall be granted to the owner of this parcel, at no cost to the County or the owner of this outparcel. F. UTILITIES 1. The developer shall connect to the Collier County Water Sewer District ( CCWSD) potable water system at a location determined by CCWSD when capacity is available. 2. The developer shall connect to the CCWSD wastewater collection and conveyance system at a location determined by CCWSD when capacity is available. 3. The developer shall connect to the CCWSD Irrigation Quality water system at a location CCWSD when capacity is available. G. PLANNIN The developer shall complete construction of the golf course and temporary golf pro shop /locker room prior to the issuance of certificate of occupancy for the 100 dwelling unit. The developer shall complete construction of the permanent solf pro shop /locker room prior to the issuance of certificate of occupancv for PIJDZ- A- PL20120000303 Strike - through text is deleted Page 19 of 19 Mirasol RPUD Underline text is added Last Revised: September 25, 2012 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 and correct copy of: ORDINANCE 2012 -41 which was adopted by the Board of County Commissioners on the 13th day of November, 2012, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of November, 2012. DWIGHT E. BROCi£ Clerk of Courts:.and ClerX , Ex- officio to $oard of,"-' County Commissior4p y: CaCannon annon, Deputy Clerk