4.07.01 - Unified Control

A.

All land included for purpose of rezoning to a PUD zoning district shall be owned or under the control of the applicant, whether that applicant be an individual, partnership or corporation, or a group of individuals, partnerships or corporations.

B.

The applicant shall present competent substantial evidence of the unified control of the entire area within the proposed PUD district and shall state agreement that if he proceeds with the proposed development, he will:

1.

Notify the County Manager or his designee in writing of any change in ownership, control and/or name of the development.

2.

Do so in accordance with:

a.

The PUD master plan of development officially adopted for the district;

b.

Regulations and development standards as set forth in the PUD document and PUD master plan;

c.

Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification; and

d.

The Collier County growth management plan and land development code.

3.

Provide written agreements, contracts, deed restrictions, or sureties acceptable to the county for completion of the undertaking in accord with the adopted PUD master plan as well as for the continuing operation and maintenance of such areas, functions and facilities that are not to be provided, operated or maintained at general public expense; and

4.

Bind his successors in title to any commitments made under sections 2.03.06, this section 4.07.00 and section 10.02.13

(Ord. No. 04-72, § 3.R)

4.07.02 - Design Requirements

In addition to all general provisions and procedures established in this section, the following specific requirements, limitations and standards shall apply to all PUD districts except that section 4.07.02 D. shall not apply when there is no residential component within the PUD and section 4.07.03 shall not apply when there is no industrial component in the PUD.

A.

Minimum area.

1.

The minimum area required for a PUD shall be ten (10) contiguous acres except as otherwise provided for within a specific zoning or overlay district, or when located within an activity center or within the urban coastal fringe areas as designated on the future land use map of the GMP, or when located within a neighborhood center as designated on the golden gate area master plan future land use map or Immokalee area master plan future land use map of the GMP, or when implementing the residential mixed use neighborhood subdistrict or the commercial mixed use subdistrict in the future land use element of the GMP, where no minimum acreage requirements must be met.

2.

For infill parcels, the minimum area required for a PUD shall be two (2) contiguous acres. For purposes of the planned unit development district only, the term "infill parcels" shall refer to property implementing any of the infill subdistricts identified in the future land use element or golden gate area master plan element of the GMP, or property sharing at least two common boundaries with parcels that are developed.

3.

For a PUD subject to the minimum area requirement of ten (10) contiguous acres, an exception shall be made for properties separated by either an intervening planned or developed public street right-of-way; provided, however, no portion of such separated properties shall be less than five (5) acres. For infill parcels, an exception shall be made for properties separated by either an intervening planned or developed public street right-of-way. For a PUD with no minimum area requirement, as identified in section 4.07.02.A.1., that PUD may include properties separated by either an intervening planned or developed public street right-of-way.

B.

External relationships.

1.

Development within a PUD district shall be compatible with established or planned uses of surrounding neighborhoods and property.

2.

The PUD shall provide protection of the development from potentially adverse surrounding influences and protection of the surrounding area from potentially adverse influences generated by or within the PUD. Fences, walls, or vegetative screening at the boundaries of PUD districts shall be provided, at a minimum, in accordance with the landscaping/buffering requirements of section 4.06.00 to protect residents from undesirable views, lighting, noise, or other adverse off-site influences, or to protect residents of adjoining districts from similar possible influences from within the PUD district.

3.

In all cases, screening shall, at a minimum, be designed to protect existing or potential first-floor residential occupant window levels.

4.

Off-street parking areas for five (5) or more cars, service areas for loading or unloading vehicles other than passengers, and areas for storage and collection of trash and garbage shall be so screened.

C.

Internal relationships. The development plan for a PUD district shall provide for safe, efficient, convenient, and harmonious grouping of structures, uses and facilities, and for appropriate relation of space inside and outside buildings to intended uses and structural features.

D.

Residential density.

1.

The overall maximum residential density permissible or permitted in a PUD shall be calculated by dividing the total number of dwelling units by the total of gross acreage of the proposed PUD excluding the acreage of the areas designated for commercial, industrial, or other land use having an established equivalent residential density in this LDC.

2.

The maximum density permissible or permitted in a PUD shall not exceed the density permissible under the density rating system, or applicable policies contained in the future land use element. Land use intensities for nonresidential uses shall be governed by provisions of the most similar use district or as otherwise provided in these regulations.

3.

The BCC may lessen density or intensity of development when it has been determined that development to the maximum density or intensity permissible in this section would:

a.

Create inconvenient or unsafe access to the PUD; or

b.

Create traffic congestion in the streets which adjoin or lead to the PUD; or

c.

Place a burden on parks, recreational areas, schools, and other facilities which serve or are proposed to serve the PUD; or

d.

Be in conflict with the intent or provisions of the GMP; or

e.

Create a threat to property or incur abnormal public expense in areas subject to natural hazards; or

f.

Be incompatible or inconsistent with surrounding neighborhoods or areas; or

g.

Otherwise be inappropriate.

E.

Minimum dimensional standards.

1.

Except as provided for within the industrial and neighborhood village center component of this section, dimensional standards within any tract or increment of the proposed PUD shall conform to the minimum dimensional and other standards of the zoning district to which it most closely resembles in type, density, and intensity of use. Where there is uncertainty, the more restrictive standards shall apply.

2.

Variation from these minimum dimensional standards may be approved if the PUD demonstrates unique or innovative design. For purposes of this section, examples of unique and innovative design may include, but are not limited to:

a.

Providing usable common open space within individual tracts or increments to offset and compensate for decreases in typical lot sizes or yard requirements.

b.

Providing for public access to open space areas beyond the boundaries of the property.

c.

The use(s) occurring within the PUD are such that compatibility with surrounding uses can be assured by applying different requirements than would be applicable under another zoning district.

d.

Providing places for public assembly such as parks and plazas which are linked together and centrally located to ensure accessibility.

e.

Siting buildings and dwelling units to provide optimum access to open space areas.

f.

Providing for the integration and preservation of natural resources with development, through conservation of natural resources such as streams, lakes, flood plains, groundwater, wooded areas and areas of unusual beauty or importance to the natural ecosystem.

g.

Providing certain personal services, offices and convenience shopping goods to residents of the PUD having the effect of reducing the number of vehicular trips for these purposes to destinations outside of the PUD.

h.

Providing a suitable neighborhood park, as determined on a case-by-case basis by the Board of County Commissioners.

3.

Submission of schematic architectural drawings, site plans, floor plans, elevations, and perspectives which shall graphically demonstrate the proposed reduction in dimensional standards for all proposed land use types and their accessory uses within the PUD shall also be required to provide support documentation for reduction in the minimum standards of the LDC.

4.

Where required side yard setbacks are permitted to be zero (0), a site improvement plan, pursuant to Chapter 10, of this LDC shall be approved prior to issuance of a building permit.

F.

Off-street parking and off-street loading requirements shall be as for comparable type, density and intensity of uses established in the PUD. No parking spaces on or within any public or private road or travelway shall be counted in fulfilling the required number of spaces. Landscaping for vehicular areas shall be as established in section 4.06.00

G.

Open space requirements.

1.

Usable open space shall include active and passive recreation areas such as playgrounds, golf courses, lakes, both natural and manmade, beach frontage, waterways, lagoons, flood plains, nature trails, and similar open spaces. Open water areas beyond the perimeter of the site, internal street rights-of-way, driveways, off-street parking areas, and off-street loading areas shall not be counted in determining usable open space.

2.

Within PUD districts composed entirely of residential dwelling units and accessory uses;, at least sixty (60) percent of the gross area shall be devoted to usable open space.

3.

Within PUD districts containing commercial, industrial and mixed use including residential, at least thirty (30) percent of the gross area shall be devoted to usable open space.

4.

An appropriate percentage of the gross project area shall be required to be dedicated to public use as usable open space for all development after a determination by the BCC that a public need exists for such public facilities and that the amount of area dedicated is directly related to the impacts or needs created by the proposed development.

H.

The desirable natural, historic, or archaeological features of the site including trees and other vegetation of consequence of a PUD district shall be preserved and protected. The disturbance of terrain or vegetation in a manner likely to significantly increase either wind or water erosion within or adjacent to the PUD district is prohibited.

I.

Within the residential portion of a PUD district, all utilities, including telephone, television cable, and electrical systems, shall be installed underground; provided, however, appurtenances to these systems which require aboveground installation must be opaquely screened and thereby may be exempted from these requirements; and primary facilities providing service to the site of the development or necessary to service areas outside the district may be exempted from this requirement.

J.

Streets, drives, parking and service areas.

1.

Streets, drives, parking, and service areas shall provide safe and convenient access to dwelling units and project facilities, and for service and emergency vehicles and shall be otherwise consistent with the Collier County Functional Classification and Future Roadway Plans, as may be amended from time to time.

2.

Streets shall be laid out and constructed so as not to require excessive cuts or fills or to interfere with desirable drainage in or adjacent to the district.

3.

In addition, all major arteries as shown on the master plan of development shall be limited access facilities and the only vehicular access thereto shall be public streets unless otherwise provided for within the approved PUD master plan.

4.

Principal vehicular access points shall be designed to encourage smooth traffic flow and minimize hazards to vehicular or pedestrian traffic. Merging and turn lanes and/or traffic dividers shall be required where existing or anticipated heavy traffic flows indicate need. The interconnection of collector and local streets within the PUD to adjacent lands or developments shall be required except where determined by the County Manager or designee that an interconnection is not feasible or warranted due to existing development patterns, transportation network needs, or the like. Interconnection of local streets shall be designed to discourage through traffic, and not adversely impact local streets in the neighboring residential areas. Where streets within the district intersect adjoining streets, visibility triangle shall be maintained.

5.

All streets or roads within the PUD shall be public unless specifically identified and approved as private on the PUD master plan, and shall comply with all requirements for streets and roads as contained in section 4.03.00.

6.

Public or private streets approved within the PUD after November 12, 2008 shall be maintained by the developer, master association, community development district or special district governing body and successors and/or assigns, unless otherwise approved by the BCC.

(Ord. No. 06-07, § 3.M; Ord. No. 08-63, § 3.R)

4.07.03 - Special Requirements for Industrial Planned Unit Developments

A.

Industrial PUDs are intended to implement the industrial under criteria subdistrict as provided for in the urban designated areas on the future land use map.

1.

The boundaries of the proposed PUD must be transitional, therefore, requiring uses along the perimeter to be compatible with nonindustrial uses.

2.

The project must have direct access to an arterial, or collector level street or higher designation roadway, with an internal circulation system that prohibits industrial traffic from traveling through predominately residential areas.

3.

The PUD must have central water and sewer, and shall not generate light, noise or odors so as to be incompatible with surrounding land uses.

B.

In industrial PUDs, 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 as described below.

1.

Permitted principal uses and structures.

a.

Corporate headquarters.

b.

Laboratories.

c.

Light manufacturing, processing and packaging.

d.

Medical laboratories, clinics, treatment facilities and research and rehabilitative centers.

e.

Printing, lithographing and publishing.

f.

Technological research, design and product development.

2.

Permitted accessory uses and structures.

a.

Accessory uses and structures customarily associated with the uses permitted in this district.

b.

Recreational facilities such as a health spa, handball courts, or other similar recreational activities.

c.

Restaurants, or offices available for use by employees of businesses located within the permitted and accessory use buildings.

d.

Child care centers.

e.

Wholesale and storage as accessory to the principal use.

f.

Retail sales and/or display areas as accessory to the principal use, not to exceed an area greater than ten percent of the gross floor area of the permitted principal structure.

C.

Development standards.

1.

The land area requirements are shown in the following table.

Table 20. Land Area Requirements for Industrial PUDs.

*Requires determination of compatability.

2.

The minimum lot width is 150 feet.

3.

Minimum yard requirements are shown in the following table.

Table 21. Setback Requirements for Industrial PUDs.

4.

The maximum height of structures is 65 feet, except when abutting residentially zoned property then 35 feet.

5.

When required, a fence shall be of masonry, wood, concrete block, or decorative iron or steel.

6.

No outside storage or display shall be permitted. All manufacturing, processing and packing shall be conducted within a fully enclosed building.

7.

Thirty percent of the gross PUD area shall be usable open space.

8.

Environmental controls, soundproofing, lighting and emission controls shall be required to mitigate impacts of the development on surrounding residential property.

4.07.04 - Special Requirements for Mixed Use Planned Unit Developments Containing a Commercial Component

A.

Applicability.

1.

When a mixed use PUD containing a commercial tract or increment is located outside of an activity center, and is intended as a neighborhood village center offering personal services, offices and convenience goods for residents of the PUD, as provided for in the PUD Neighborhood village center subdistrict of the Future Land Use Element of the GMP, the following list of uses, regulations, development standards, and design guidelines shall apply.

2.

In addition to the above commercial uses, the neighborhood village center may also contain recreational facilities and other amenities of the PUD, such as a clubhouse, community center or day care center.

B.

Design Standards.

1.

The gross acreage of the neighborhood village center shall be sized in proportion to the number of housing units authorized in the PUD as follows. The maximum size shall be 15 contiguous acres.

Table 22. Maximum Land Area in Neighborhood Village Center

2.

The maximum floor area ratio for the commercial component is 0.25.

3.

The neighborhood village center shall be a unified, and architecturally integrated, plan of development with common ownership of all of the property that comprises the neighborhood village center.

4.

The following locational criteria and functional operating characteristics shall characterize the neighborhood village center:

a.

The neighborhood village center must be internally located within the PUD such that the site has no direct access to roads external to the PUD. The center must be located a minimum of 660 feet from the nearest external roadway providing access to the PUD. The center must be located a minimum of 330 feet from the perimeter boundaries of the PUD.

b.

The neighborhood village center shall be located within a 1,760 foot radius {one-third (1/3) mile} of at least 80% of the total number of approved residential units.

c.

The neighborhood village center shall be pedestrian-friendly meaning minimal dependency upon access by automobiles and with location and design to encourage pedestrian access, which shall be reflected in the pedestrian walkway system for the entire PUD.

5.

In recognition of the pedestrian-friendly design of the neighborhood village center, as required in section 4.07.04 B.4.c., the number of required off-street parking spaces shall only be 50% of that required by section 4.05.04 of the LDC. However, the number of off-street parking spaces provided shall not exceed 75% of that required by section 4.05.04. In all other respects, off-street parking areas shall be designed in accordance with the provisions of section 4.05.00 of this LDC.

6.

The neighborhood village center shall be subject to, and in compliance with, the design guidelines identified in section 5.05.08 of this LDC except as otherwise excepted or required herein.

7.

Signs. The neighborhood village center shall adhere to section 5.06.00 of this LDC, the Collier County Sign Code.

8.

No commercial building construction in the neighborhood village center shall be allowed until building construction has commenced on at least 30% of the residential dwelling units in the PUD.

(Ord. No. 06-63, § 3.BB; Ord. No. 09-43, § 3.A)

4.07.05 - Special Requirements for Research and Technology Park Planned Unit Developments

Development in research and technology parks shall comply with the design requirements in the following table:

Table 23. Dimensional Standards for Research and Technology Park PUDs

4.07.06 - Provision of Polling Places

A.

At the time the BCC approves a zoning request to planned unit development (PUD) or any other residential development involving a project of more than 100 dwelling units, or at the time the BCC approves a PUD amendment, any residential project which will have a community recreation/public building/public room or similar common facility, shall be required to provide polling places in said community recreation/public building/public room if a polling place is determined to be necessary by the BCC. The board shall consider the recommendation of the supervisor of elections in reaching such determination.

B.

If a residential PUD or a residential project is a private development with a restricted and/or monitored entrance which limits access to residents of that development, their guests and necessary maintenance workers, a polling place may be required by the board to be provided in any community recreation/public building/public room or similar facility; however, the controlling entity of that private development may limit the use of the polling places to the residents of that private development.

C.

This commitment shall be guaranteed through the following mechanism: an agreement recorded in the official records of the clerk of the circuit court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowners' associations, or tenants' associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the supervisor of elections. The commitment also shall be included within the PUD document.

D.

The supervisor of elections is responsible for arranging use of said community recreation/public building/public room or other common facility for a polling place with the entity who controls said common facility prior to the election.

E.

Access to the polling place shall be provided to all individuals arriving to vote or work at the polling place during official voting hours, including the time required to establish the polling place, tabulate and post the voting results