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Ordinance 2003-51 . ORDINANCE NO, 03-.21.' . AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT ,~3488~ CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING !t.... .... ."... REGULATIONS FOR THE UNINCORPORATED AREA OF Ii' ,'_ ~ o~ OLLlER COUNTY, FLORIDA, BY AMENDING THE 11 ""I.- _ FFlCIAL ZONING ATLAS MAPS NUMBERED 0629N, ft IrJii.,j';' 29S, 0630N, 0630S, 0631N, 0631S, 0632N, 0632S, 1605N AND If! 'II.IJ(fYln 05S BY CHANGING THE ZONING CLASSIFICATION OF ~ I.Q It. HE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" ~~ ..i>. TO "PUD" PLANNED UNIT DEVELOPMENT TO BE KNOWN ~U;lJl:'" AS WENTWORTH ESTATES, FOR PROPERTY LOCATED ON THE SOUTHWEST SIDE OF TAMIAMI TRAIL EAST (U.s, :>:" ,-. 41) APPROXIMATELY 1-114 MILE SOUTHEAST OF THE ,-: INTERSECTION OF TAMIAMI TRAIL EAST (U,S, 41) AND" RATTLESNAKE HAMMOCK ROAD (CR, 864), IN SECTIONS., 29,30,31 AND 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST ~:;: AND SECTION 5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, ". COLLIER COUNTY, FLORIDA, CONSISTING OF 1558.49 :! :;" '.~. ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE ~~ NUMBER 98-85, THE FORMER LELY LAKES GOLF RESORT ~'" Q PUD; AND BY PROVIDING AN EFFECTIVE DATE. ~~ ~' ~ ~. ',1 , w ,,- ,wi <-,.' WHEREAS, Christopher D. Ha8an, PE of Johnson Engineering, Inc., representing V.K. DEVELOPMENT CORP., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning CIassilication of the herein described real property located in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East and Section 5, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUO" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit II A". which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps numbered 0629N, 0629S, 0630N, 0630S, 0631N, 0631S, 0632N, 0632S, 1605N and 1605S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly, SECTION TWO: Ordinance Number 98-85, known as the Lely Lakes Golf Resort PUD, adopted on October 13, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this~y'c:/day of ,~~~ , 2003. ATTEST: DWIGHT E. BROCK, CLERK pproveaW~ig,[8, FOrm and Legal 'gufrficiency , Mmjori~. Student - Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNiNG, CHAIRMAN This ordinance filed with thy .~1~ t ~ry ° f~,~,-O f fJ~t~h~ . d.~y o~, ~ and ocknowf3dgem~ that Community Development and Environmental Services Division WENTWORTH ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING THE WENTWORTH ESTATES PUD, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE. PREPARED FOR: V.K. DEVELOPMENT CORPORATION 19275 W. CAPITOL DRIVE BROOKFIELD, WISCONSIN 53045 PREPARED BY: CHRISTOPHER D. HAGAN, P,E. JOHNSON ENGINEERING, INC. 2350 STANFORD COURT NAPLES, FLORIDA 34112 DATE REVIEWED BY CCPC DATE REVIEWED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL TABLE OF CONTENTS TABLE OF CONTENTS LIST OF EXHIBITS LIST OF TABLES STATEMENT OF COMPLIANCE SHORT TITLE SECTION I SECTION II SECTION III SECTION IV SECTION V SECTION VI SECTION VII PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT REQUIREMENTS RESIDENTIAL AREAS COMMERCIAL AREA COMMON/RECREATIONAL/ GOLF COURSE AREAS CONSERVATION/PRESERVE AREAS DEVELOPMENT COMMITMENTS i ii 111 iv-v vi 1-1 through 1-5 II- 1 through II- 17 III- 1 through 111-4 IV-1 through IV-3 V- 1 through V-3 VI- 1 through VI- 1 VII-1 through VII-11 LIST OF EXHIBITS EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H EXHIBIT I EXHIBIT J EXHIBIT K Location Map Boundary Sketch and Legal Description Existing Conditions Map Topographic Map Area-Wide Community Services Map Aerial Photograph Preliminary Drainage Plans & Details Preliminary Sewer Plans Preliminary Water Plans PUD Master Plan Bald Eagle Management Plan LIST OF TABLES: TABLE 1 Development Standards iii STATEMENT OF COMPLIANCE The subject property consists of a total of 1,558.49_+ acres of property in Collier County, Florida, and will be developed as a Planned Unit Development (PUD) to be known as the Wentworth Estates PUD. The proposed development will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. This PUD, formerly known as the Lely Lakes PUD in County Ordinance No. 98-85, includes preserve lands owned by the State of Florida which were part of the Lely Lakes PUD. The proposed PUD will consist of up to 85,000 square feet of commercial, up to 1,200 residential units with an 18-hole golf course and other amenities constructed in four phases. Build-out is anticipated for 2012. The proposed residential, commercial and recreational facilities will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property is within the Urban Mixed-Use, Urban Coastal Fringe Sub-District as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. The proposed residential density of the Wentworth Estates PUD is 0.77 dwelling units per acre (DU/A), including State-owned PUD lands and 1.16 DU/A excluding State lands which in either case is less than the maximum density of 3 DU/A permitted by the Density Rating System and is therefore consistent with Future Land Use Element, Policy 5.1. o The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. The project development is compatible and complimentary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Project improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical extension of community facilities and services as required in Objective 3 of the Future Land Use Element and promotes the residential in-fill guidelines of the APA's Policies on Smart Growth. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. The projected density 0.97DU/A is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: iv Base Density Traffic Congestion Area Deduction Permitted Density Based on FLUE Density Rating System 4.0unitsperacre(u.p.a.) -1.0u.p.a. 3.0u.p.a. Wentworth Estate~ Proposed Number of Units Total Acreage of Subject Property Environmental Preserve (Rooker7 Bay) Gross Acreage of Development Area Proposed Commercial (acres) Net Residential Acreage PUD Proposed Density 1,427 1,558.49 (513.77) 1,044.72 (10.0) 1,034.72 Proposed density (UP/A.) = 1,200 units/I,034.72 acres = 1.16 without State lands Proposed density (UP/A.) = 1,200 units/I,548.49 acres = 0.77 with State lands The ten (10) acres designated as "Commercial Tract" on the Wentworth Estates PUD Master Plan is consistent with the Future Land Use Element (FLUE) of the Growth Management Plan pursuant to Policy 5.1 and 5.12. NOTE: The ten (10) acre Commercial Tract was previously part of a 64.8+/- acre light industrial and commercial PUD known as the Naples R&D Park at Lely PUD (Ordinance 88-89). In 1998, the Naples R&D Park at Lely PUD property was incorporated into the Lely Lakes Golf Resort PUD (Ordinance 98-85) and the ten (IO) acre "Commercial Tract" property was deemed "Consistent by Policy" with the Growth Management Plan (Map FLUE-II). 10. The Wentworth Estates PUD is a residential golf course community with a commercial component, and is planned to encourage ingenuity, innovation and imagination in the planning, design and development of the project under unified ownership and control as set forth in the Collier County Land Development Code (LDC), Section 2.2.20.1, Planned Unit Development District. 11. The Wentworth Estates PUD is consistent with Policy 5.5 of the Future Land Use Element in that it represents the use and development of existing land zoned for urban intensity uses within the urban designated lands and avoids opening up new areas to development. 12. All final Local department orders and/or permits for the proposed Wentworth Estates PUD are subject to the Collier County Adequate Public Facilities Ordinance. V SHORT TITLE This ordinance shall be known and cited as the "WENTWORTH ESTATES PLANNED UNIT DEVELOPMENT ORDINANCE". vi SECTION I PROPERTY OWNERSHIP AND DESCRIPTION .2, PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of the Wentworth Estates PUD. An Existing Conditions Map is attached hereto as Exhibit "C". LEGAL DESCRIPTION The subject property being 1558.49+/- acres is described as: Description of Part of Sections 29, 30, 31, 32, Township 50 South, Range 26 East, and part of Section 5, Township 51 South, Range 26 East, Collier County, Florida Beginning at the northwest corner of said Section 30; thence along the north line of said Section 30, North 88°23'16'' East 2491.52 feet; thence continue along the north line of said Section 30 North 88°13'29" East 1636.98 feet to the southwesterly right-of-way of Tamiami Trail (US 41) (200' right-of-way); thence along said right-of-way South 39°03'42'' East 2333.04 feet; thence leaving said right-of-way South 38017'43" West 581.30 feet; thence North 89°34'42'' West 348.55 feet; thence South 02°48'31'' West 308.99 feet; thence South 88°28'28'' West 30.00 feet to the east quarter corner of said Section 30; thence along the north line of those lands described in Official Records Book (OR Book) 105, pages 595-597 and OR Book 105, 592-594, Public Records of Collier County, Florida, South 87° 14'44" West 683.13 feet; thence along the west line of said land described in OR Book 105, pages 592-594 South 00°20'37'' West 672.63 feet; thence along the south line of said lands North 87°26'41'' East 654.42 feet to the west line of Myrtle Cove Acres Unit No. 1 as recorded in Plat Book 3, page 38, Public Records of Collier County, Florida; thence along the west line of said Unit No. 1 South 02°45'35'' West 1919.99 feet to the southeast corner of said Section 30; thence along the east line of said Section 31, South 02°45'30'' West 2609.56 feet to the east quarter corner; thence continue along said east line of said Section 31, South 02°48'47'' West 206.43 feet; thence leaving said east line North 59°56'01" East 2041.35 feet to the boundary of the plat of Trail Acres Unit 2, Plat Book 4, page 62, Collier County, Florida; thence along said plat boundary South 39'~03'07'' East 1309.16 feet; thence continue along said plat boundary North 50055'09" East 762.41 feet; thence leaving said plat boundary South 39°04'51" East 430.46 feet; thence North 50°58'21" East 199.96 feet to the boundary of the plat of Trail Acres Unit 3, Plat Book 3, page 94, Collier County, Florida; thence along said plat boundary South 39°01'39'' East 962.19 feet; thence continue along said plat boundary South 87°34'19" East 1003.95 feet to the east line of said Section 32; thence leaving said plat boundary and along said east line, South 02°32'54" West 1912.12 feet to the southeast corner of said Section 32; thence along the south line of said Section 32, North 89°40'29" West 2625.95 feet to the south quarter corner of said Section 32; thence continuing along the south line of said Section 32, North 89°40'08" West 2625.60 feet to the southwest corner of said Section 32; thence continue along the south line of said Section 31, North 89%1'53" West 3792.19 feet to the boundary of that land described in OR Book 922 , pages 1710-1712, Public Records of Collier County, Florida; thence leaving said South line and along said boundary North 00°18'07'' East 440.00 feet; thence continue along said boundary North 89041'53" West 346.42 feet to the intersection with the original meander line, resurveyed by the Bureau of Land Management (BLM) in 1967, described in OR Book 1143, pages 1325-1327, Public Records of Collier County, Florida; thence run along said meander line in the following seven described courses; I-1 1) North 18°09'29'' East 565.94 feet; 2) North 14°16'29" East 429.66 feet; 3) North 22°33'29'' East 599.28 feet; 4) North 00009'29" East 428.34 feet; 5) North 21 °08'31" West 598.62 feet; 6) North 39°26'31" West 456.72 feet; 7) North 81 °41 '31" West 382.14 feet to the west line of said Section 31; thence along the west line of Said Section 31, North 00°19'56" East 1515.12 feet to the northwest corner of said Section 31; thence along the west line of said Section 30, North 00020'37" East 2685.56 feet to the west quarter corner of said Section 30; thence continue along the west line of said Section 30, North 00°22'18" East 2687.69 feet to the Point of Beginning; Containing 1378.15 acres, more or less. LESS AND EXCEPTING THAT LAND described in OR Book 192, page 514, Public Records of Collier County, Florida. Containing 5.35 acres more or less. ALSO INCLUDING THE FOLLOWING The northwest quarter of the southeast quarter; and the south half of the north half of the northeast quarter of the southeast quarter; and the north half of the northeast quarter of the northeast quarter of the southeast quarter; and the north half of the northwest quarter of the northeast quarter of the southeast quarter, and the southeast quarter of the northeast quarter, all in Section 5, Township 51 South, Range 26 East, Collier County, Florida. ALSO INCLUDING THE FOLLOWING; The southwest one-quarter of the northeast one-quarter; and the northwest one-quarter of the northeast one-quarter of Section 5, Township 51 South, Range 26 East, Collier County, Florida. Containing 185.69 acres, more or less for a total net of 1558.49 acres more or less. Subject to easements and restrictions of record. Bearings are based on the south line of said Section 31 being North 89°41'53" West. A Boundary Sketch and Legal Description is attached hereto as Exhibit "B". PROPERTY OWNERSHIP Detailed ownership information is provided within the application for the Wentworth Estates PUD amendment project. The subject property is currently under the equitable ownership and control of the following entities: Lely Development Corporation - Owner 8825 Tamiami Trail East Naples, Florida 34113-3347 and Commercial Properties Southwest, Inc. - Owner 8825 Tamiami Trail East Naples, Florida 34113-3347 and TIITF/State of Florida - Owner % Department of Natural Resources Douglas Building 3900 Commonwealth Boulevard Tallahassee, Florida 32399~6575 1-2 and V.K. Development Corporation - Contract Purchaser 19275 W. Capitol Drive Brookfield, WI 53045 1.4. GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East and Section 05, Township 51 South, Range 26 East, Collier County, Florida. Although the project covers several sections of land, the main project entrance is located on the southwest side of Tamiami Trail East (U.S. 41) approximately 1% miles southeast of the intersection of Tamiami Trail East and Rattlesnake Hammock Road (C.R. 864). Access to the property will also be via Southwest Boulevard. See Location Map attached hereto as "Exhibit A" for property location. B. The current zoning classification of the subject property at the time of the Wentworth Estates PUD amendment application is "Lely Lakes Golf Resort PUD - Ordinance No. 98-85." 1.5. PHYSICAL DESCRIPTION The site is generally bordered on the west by PUD zoned (Collier DRI), undeveloped property; on the north by U.S. 41; on the east by the Micelli PUD, platted and developed homesites, zoned RSF-4, RMF-6, and RSF-3, and agriculturally zoned and unplatted property; and on the south, undeveloped and environmentally sensitive lands, zoned A/ST. Portions of the site have been altered through past and current agricultural uses. Other portions of the site are environmentally sensitive. An updated EIS has been submitted, pursuant to Division 3.8 of the Land Development Code, with the application for the Wentworth Estates PUD amendment request. Additionally, an aerial photograph of the site is attached hereto as Exhibit "F". The subject property contains a variety of vegetative communities, including cropland and pastures, woodland pastures, pine flatwoods, coastal scrub, palmetto prairies, mangrove swamps, cypress, saltwater marsh and mangroves. A detailed vegetative inventory and map is included in the application for Wentworth Estates PUD amendment request. The soil types on the site generally include Basinger fine sand; Boca fine sand, Boca, Riviera, limestone substratum and Copeland fine sand, depressional; Immokalee fine sand; Jupiter Boca complex; Ochopee fine sand loam; Oldsmar fine sand, limestone substratum; Paola fine sand; Pennsucco soil; Chobee, Winder and Gator soils, depressional; Durbin and Wulfert Mucks; Ft. Drum and Malabar high, fine sand; Hilolo I-3 limestone substratum, Jupiter and Margate soils; Holopaw fine sand, limestone substratum; Pomello fine sand; Satellite fine sand; and Winder, Riviera, limestone substratum and Chobee soils, depressional. This information was derived form the Soil Survey of Collier County, Florida. Elevations within the site range from +1.0' NGVD to +15.5' NGVD. Per FEMA Firm Map Panels No. 120067 605 E and 615 E, dated August 3, 1992, the Wentworth Estates PUD is located within Zones "AE" (EL8) of the FEMA flood insurance rate map. Topographic mapping is shown on Exhibit "D" attached hereto. The project site is located within the Naples Manor Drainage Basin, of the Collier County Water Management District No. 6, as depicted on the Collier County Drainage Atlas. Each of the four development tracts, A, B, C, and D noted on the PUD Master Plan will have a separate major water management basin. Each of the water management basins will provide water quality treatment to 150% of standard required by the South Florida Water Management District because of the project's discharge into an Outstanding Florida Water (Rookery Bay National Estuarine Preserve). This will be accommodated by collection and treatment of stormwater in wet detention lakes and other systems before discharge into the adjoining wetland preserves and/or outfall canals. These basins will be designed so as to provide water quality treatment and storm attenuation. Best Management Practices (BMPs) such as grassy swales, inlet inserts, detention inlets, etc. will also be used where appropriate to accomplish this. Stormwater will be collected through the use of open grass swales, curbs, gutters and inlets that will direct stormwater into water management areas. These will all be interconnected in each basin with multiple discharges at structures to distribute the flow to the adjoining wetlands and off-site canals. The water control structure sizes and flow rates will be coordinated with the environmental permitting agencies so as to provide flood protection and rehydrate wetland preserve areas throughout the project and off- site. The staging of the water management basins also will be set so as to prevent saltwater intrusion and will maintain the freshwater/saltwater zones in the area. The staging will be as follows: mo The Tract A Basin will be staged with the highest water control elevation of +3.5 NGVD. Discharges from this Basin will be into the east end of the central wetland slough preserve and east end of the northwestern wetland slough preserve. These discharge locations will be located so as to maximize hydrology for the preserve areas and provide flood protection throughout Tract A. There is a central wetland preserve within this Tract that will be accommodated on the north side of the main boulevard. The water control elevation of +3.5 NGVD is to maintain the viability of this wetland preserve within the Basin. Final discharge locations, configurations and flows will be negotiated with the permitting agencies so as to improve the wetland preserve areas while maintaining flood protection. I-4 The Tract B Basin will be staged with a water control elevation of +3.0 NGVD. Discharges from this Basin will be into the central wetland slough preserve and into the off-site canal along the western property line of the project. This will be managed so as to provide water to the wetland preserve during low flows and for maintaining the wetland preserve viability. High flows will be directed to the canal for on-site Tract B flood protection. Lake control elevation is set to maintain the hydraulic gradient from north to south and east to west across the site. The Tract C Basin will be staged with a water control elevation of +3.0 NGVD. Discharges from this Basin will be into the central wetland slough preserve and into the Rookery Bay wetlands along the southern property line of the project. This will be managed so as to provide water to the wetland preserve during low flows and for maintaining the wetland preserve viability. High flows will be directed to the south for on-site Tract C flood protection. Lake control elevation is set to maintain the hydraulic gradient from north to south and east to west across the site. Do The Tract D Basin will be staged with a water control elevation of +3.0 NGVD. Discharges from Tract D will be into the Rookery Bay wetlands along the southern property line of the project. This will be managed so as to provide water to the wetland preserve during low flows and for maintaining the wetland preserve viability. High flows will be directed to the south for on-site Tract D flood protection. Lake control elevation is set to maintain the hydraulic gradient from north to south across the site. I-5 2.1 PURPOSE SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.2 The purpose of this Section is to delineate and generally describe the project plan of development for the Wentworth Estates PUD and its relationship to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. GENERAL Co Do mo F Regulations for development of the Wentworth Estates PUD shall be in accordance with the contents of this Document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of site development plan approval. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of subdivision construction plan or site development plan approval, as appropriate. All conditions imposed and all graphic material presented depicting restrictions for the development of the Wentworth Estates PUD shall become part of the regulations that govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD the provisions of the Land Development Code remain in full force and effect with respect to the development of the land, which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities. Building height will be defined for the Wentworth Estates PUD as the vertical distance from the minimum first finished floor elevation to the highest point of the roof surface of a flat or Bermuda roof, to the deck line of a mansard roof and to the mean height level between eaves and ridge of gable, hip or gambrel roofs. The minimum first finished floor elevations will be established by law or permit requirements. The building height shall be measured from such required minimum first finished floor elevations. Required minimum first finished floor II-1 elevations shall be in conformance with the Collier County building codes. This height does not include architectural features, roof equipment or elevator housing. and other appurtenances usually required to be placed above the roof level and not intended for human occupancy; provided, however, the heights of these structures or appurtenances thereto shall not exceed any height limitations prescribed by the Federal Aviation Agency or airport overlay zoning regulations of the Land Development Code within the flight approach zone of airports. 2.3. DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES mo The Wentworth Estates PUD will be developed as an upscale residential golf course community featuring up to 1,200 residential units, up to 85,000 square feet of commercial uses, and an 18-hole golf course with associated amenities. The subject property consists of a total of 1,558.49+ acres, of which only 1,044.72+ acres will be impacted by the proposed development. The remaining 513.77_~ acres have been set aside for conservation purposes (as described in more detail later in Section 2.4 of this Document) in addition to the required on-site conservation areas. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated graphically by Exhibit "J", PUD Master Plan (JEI File No. 20023436). A Land Use Summary, Unit Phasing Schedule, and Density Breakdown are shown on the Plan. There shall be five (5) project tracts including four residential tracts (Tracts A, B, C, D) and a ten (10) acre commercial tract. In addition, the necessary water management lakes, open space, conservation lands, street rights-of-way, the general configuration which are also illustrated by Exhibit "J" are also included within the project. The location, size and configuration of individual tracts and lots shall be determined at the time of final site development plan and/or preliminary subdivision plat approval. Minor adjustments may be made at the time of final plat approval in accordance with Sections 3.2.7 and 3.3.7 of the Collier County Land Development Code (LDC). There is also a ten (10) acre commercial area proposed within the project that will provide service and retail shopping opportunities for the residents of the Wentworth Estates PUD. This commercial area may also provide opportunities for other residents in the immediate area. This commercial area is a continuation of the commercial tract approved at the same location in the previously approved Lely Lakes Golf Resort PUD. The proposed development will meet all required open space and recreational requirements on site. Section 2.18 of this Document demonstrates the acres set aside for conservation purposes. Approximately 307 acreage, almost 30 percent of the entire site, will be set aside. II-2 2,4, Areas illustrated as lakes, on Exhibit "J", shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. These areas, i.e. lakes, intermittent wet and dry areas, may be in the same general configuration as shown by Exhibit "J". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of preliminary subdivision plat or site development plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD Document. Co In addition to the various areas and specific items shown in Exhibit "J", such easements, as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE The proposed project consists of up to a maximum of 1,200 single and multi-family residential units, up to 85,000 square feet of commercial uses and an 18-hole golf course with the associated amenities on approximately 1,044.72+ acres without State lands or 1,548.49+ acres with State lands. Residential There will be a mixture of single family and multi-family residential units located throughout the proposed development. The proposed product types may include standard single-family homesites, two-family duplexes, estate homesites, detached and attached villas, town homes, carriage homes, coach homes (and other similar styles of housing), cluster housing and as many as twelve (12) mid-rise condominium structures not to exceed 90 feet in height. Pursuant to the Density Rating System, this project is eligible for a base density of four (4) dwelling units per acre (DU/A). No density bonuses are applicable. The project is also located within a Traffic Congestion Area, as depicted on the Future Land Use Map and described in the Future Land Use Element. As such, the project is subject to a one (1) DU/A reduction from the base density of four (4) DU/A and is not eligible for any density bonuses. Therefore, this project is limited to a maximum of three (3) DU/A under the Density Rating System. The project is proposing the development of a maximum of 1,200 residential dwelling units, consisting of single- and multi-family dwelling units, to be constructed on four tracts. The gross project area, less acreage devoted to commercial purposes, is 1,034.72+ acres without State lands or 1,548.49 acres+ with State lands. The proposed density for the residential portion of the project is 1.16 DU/A without State lands or 0.77 DU/A with State lands. 1I-3 The residential component of the proposed development will consist of low-density residential (LDR) featuring single family and duplex units; medium-density residential (MDR) featuring single-family attached/townhouses, multi-family villas, cluster homes and carriage homes; and medium height density residential (MHDR) featuring as many as twelve (12) mid-rise condominium structures not to exceed 90 feet in height. Commercial 2.5. The proposed project will contain up to a maximum of 85,000 square feet of commercial uses on approximately ten (10) acres of the site as depicted on the PUD Master Plan, Exhibit "J". The PUD was originally approved in 1991 and amended in 1998, for 749 dwelling units and ten (10) acres of commercial development. Future Land Use Element Policy 5.1, provides that property zoned prior to the adoption of the Comprehensive Plan and found to be consistent through the Zoning Re-evaluation Program are consistent with the Growth Management Plan and designated on the Future Land Use Map series as properties "Consistent by Policy." Zoning changes will be permitted to these properties, and to other properties deemed consistent with the Future Land Use Element via Policies 5.9 through 5.12, provided the number of dwelling units and overall intensity of the development allowed by the new zoning district, except as allowed in Policy 5.11, are not increased. The 10-acre commercial tract in this PUD was previously found to be consistent with the Future Land Use via Policy 5.1 and 5.11. This PUD rezone does not increase the intensity of development on the 10-acre tract. Common~Recreational~Golf Course Areas (CRGA ) The proposed development will meet all required open space and recreational requirements on-site. Included in the development are common areas, open space, water management areas, nature preserves, boardwalks, recreational facilities, and an 18-hole golf course and associated clubhouse and pro shop. In addition to the on-site features, over 500 acres of the original PUD have been sold to the State of Florida to be managed as part of the Rookery Bay National Estuarine Research Reserve (RBNERR). The land sold to RBNERR includes 513+ acres located immediately south of the north parcel and west of the south parcel, including the lands between the two parcels. Currently, the land is being managed by RBNERR as part of its reserve. RELATED PROJECT PLAN APPROVAL REQUIREMENTS mo Prior to the recording of a record plat, and/or condominium plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. II-4 Exhibit "J", PUD Master Plan, constitutes the required PUD development plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. Do The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a preliminary subdivision plat in conformance with the requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat any portion of the tract or parcel. Bo Appropriate instruments will be provided at the time of infrastructure improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES/SALES CENTERS/SALES OFFICES/CONSTRUCTION OFFICES FACILITIES Model homes, sales centers, sales offices, construction offices, and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, docks, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Wentworth Estates PUD. These uses may be either "wet" or "dry" facilities and shall be subject to the requirements of Section 2.6.33.4 of the Land Development Code, with the exception that the temporary use permit shall be valid through the life of the project with no extension of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permitting under Rule 10D-6 of the Florida Administrative Code and may use potable or irrigation wells. A. Both "wet" and "dry" models may be constructed following plat approval, prior to recording of the plat. Location is limited to future, platted medium density residential, low density residential or medium height density residential lots or tracts. The project owner must apply for permits for all models. B. The models permitted as "dry models" shall obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. 1I-5 The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements required unless a permanent water system is available. A water management plan shall be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master water management system for the entire development. D. All other regulations pertaining to model homes shall be consistent with Section 2.6.33.4 of the Land Development Code. 2.7. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the Wentworth Estates PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest of all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a property owners' association and/or community development district whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of the Collier County Land Development Code, Section 2.2.20.3.8. 2.9 CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be made to this PUD Ordinance, PUD Master Plan or Surface Water Management Plan as provided in Section 2.7.3.5 of the Land Development Code. The Planning Services Director shall be authorized to approve minor changes and refinements to the Wentworth Estates PUD Master Plan upon written request of the developer. A. The following limitations shall apply to such requests: The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Wentworth Estates PUD Document. 1I-6 The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1 of the Land Development Code. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and conservation areas within or external to the PUD. B. The following shall be deemed minor changes or refinements: Reconfiguration of lakes, ponds, canals or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. Internal realignment of rights-of-way other than a relocation of access points to the PUD. o Reconfiguration of residential parcels when there is no encroachment into the conservation area. Co Minor changes and refinements as described above shall be reviewed by appropriate Collier County Staff to ensure that said changes and refinements are otherwise in compliance with all applicable County ordinances and regulations prior to the Planning Services Director's consideration for approval. Minor changes to the Surface Water Management Plan shall be reviewed by Collier County prior to consideration for approval by the Planning Services Director. Do Approval by the Planning Services Director of a minor change or refinement may occur independently from and prior to any application for subdivision or site development plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without first obtaining all other necessary County permits and approvals. 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by a property owners' association and/or community development district. The developer will create a property owners' association or associations and/or community development district whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association and/or community development district shall be responsible for the operation, maintenance and management of the surface water systems and preserves serving the Wentworth Estates PUD in accordance with the provisions of Collier County Land Development Code together with any applicable permits from the South Florida Water Management District. 11-7 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout the Wentworth Estates PUD. The following standards shall apply: mo Landscape berms shall have the following maximum side slopes: 1. Grassed berms shall be 4:1 2. Ground covered berms shall be 3:1 Rip-rap berms shall be 1:1 and occupy no more than 30% of the buffer width. Structural walled berms may be vertical if located at the edge furthest from the property edge of the landscape buffer. Bo Fence or wall maximum height: Seven feet (7'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation for berm elevations with an average side slope of 4:1 or less, and shall not exceed six feet (6') in height from the top of berm elevation for berms with an average side slope of greater than 4:1 (i.e. 3:1). Co Landscape buffers, berms, fences and walls may be constructed along the perimeter of the Wentworth Estates PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas shall be included in a landscape easement or tract depicted on the final plat, or identified in a separate recorded instrument. Fences and walls which are an integral part of the security and access control structures such as gatehouses and control gates shall be subject to the height limitations for principal residential structures. In the case of access control structures within rights-of-way adjoining two or more different districts, the more restrictive height standard shall apply. mo Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers per Division 2.4 of the Land Development Code. Fo Landscape berms located within the Wentworth Estates PUD boundary and contiguous to a property line and/or right-of-way line may be constructed such that the toe of slope is located five feet (5') from the property line and/or right-of- way line. In wetland areas, small water management berms may be exempt from this requirement in an effort to reduce wetland impacts. II-8 2.12 FILL STORAGE 2.13 2.14 Fill storage is generally allowed throughout the Wentworth Estates PUD. Fill material generated from other properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify the County Community Development and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope: 2:1 B. Stockpile maximum height: Thirty feet (30') Co Fill storage areas in excess of six feet (6') in height shall be located no closer than one hundred feet (100') from any existing residential unit or residential unit under construction. This excludes fill storage areas associated with the Lely Basin drainage improvements. Do Soil erosion control shall be provided in accordance with Division 3.7. of the Land Development Code. DESIGN GUIDELINES AND STANDARDS mo The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in Section 2.2.20.1. of the Land Development Code. Bo The Wentworth Estates PUD is planned as a residential golf course community which will be developed under unified control. The developer will establish community-wide design guidelines and standards to ensure a high and consistent level of quality for residential units and related community features and facilities, such as, landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms, bulkheads and other similar facilities. Co The Commercial Area Tract shall be subject to the Collier County Architectural and Site Design Standards, Division 2.8 of the Collier County Land Development Code. PRELIMINARY SUBDIVISION PLAT PHASING Submission, review, and approval of preliminary subdivision plats for the project may be accomplished in phases to correspond with the planned development of the property. II-9 2.15 AGRICULTURAL ACTIVITIES 2.16 The site is currently used for active row crop agricultural and landscape nursery purposes and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. GENERAL PERMITTED USES AND STRUCTURES Certain uses shall be considered general permitted uses and structures throughout the Wentworth Estates PUD except in the Conservation Area. General permitted uses and structures are those uses which generally serve the developer and residents of the Wentworth Estates PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses and Structures: o o Essential services as set forth under Section 2.6.9.1, Land Development Code. Water management facilities and related structures. Temporary sewage treatment and disposal facilities. Lakes including lakes with bulkheads or other architectural or structural bank treatments. Guardhouses, gatehouses, and access control structures. Community and neighborhood parks, recreational facilities. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.11 of this PUD. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. Development Standards: Unless otherwise set forth in Table I of development standards shall apply to structures: 1. this Document, the following Setback from back of curb of any roadway shall be a minimum of fifteen feet (15') except for guardhouses and access control structures which shall have no required setback. II-10 2.17 2.18 2. Sidewalks and bike paths may occur within County required buffers per Division 2.4. of the Land Development Code. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Wentworth Estates PUD design guidelines and standards, are to be in accordance with Land Development Code in effect at the time of site development plan approval. OPEN SPACE REQUIREMENTS The PUD Master Plan identifies Conservation Areas, golf course/open space, lakes, and buffers which are all permitted to be calculated as open space. These areas fully satisfy the 60% open space requirements of Section 2.6.32. of the Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, twenty-five percent (25%) of the viable naturally functioning native vegetation on site shall be retained. The following table summarizes the acreage set aside as preserve by tract. These acreages are approximate and subject to change as the project is platted. Tract A 97.62 Tract B 119.86 Tract C 48.83 Tract D 41.10 Total: 307.41 Acres Percentage = 307.41/1,034.72 = 29.71% 2.19 SIGNAGE A. GENERAL All Collier County sign regulations, pursuant to Division 2.5, Signs, of the Land Development Code in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. II-11 Bo Co o Signs shall be permitted in public or private rights-of-way subject to the approval of a Collier County right-of-way permit, where applicable. 4. All signs shall be located so as not to cause sight line obstructions. o All internal project rights-of-way may be utilized for decorative landscaped entrance features and signage subject to review and approval of the Planning Services Department for consistency with the requirements set forth herein. All project and development signage adjacent to and/or visible from any dedicated County or State right-of-way shall be developed in accordance with the Land Development Code, Division 2.5, Signs. BOUNDARY MARKERS One boundary marker or monument may be located at each property corner adjacent to the U.S. 41 right-of-way and one boundary marker or monument may be located at each property comer adjacent to Southwest Boulevard. The boundary marker may contain the name of the subdivision and the insignia or motto of the development. The sign face area may not exceed 60 square feet in area and may not exceed the height or length of the monument upon which is located. If the sign is two-sided, each sign may not exceed 60 square feet in area. o Sign face square footage is calculated by total square footage of name, insignia, and motto only. The setback from the U.S. 41 right-of-way and any perimeter property line shall be 10 feet. ENTRANCE SIGNS Two (2) ground or wall-mounted entrance signs may be located at each entrance to the subdivision within the PUD. Such signs may contain the name of the subdivision and the insignia or motto of the development. No sign face area may exceed 120 square feet and the total sign face area of entrance signs at each entrance may not exceed 240 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 120 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. ° The setback for the signs from the U.S. 41 right-of-way and any perimeter property line shall be 10 feet. 11-12 Do mo Fo Entrance signs may not exceed a height of 8 feet above the finished ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road unless the wall or monument is constructed on a perimeter landscape berm. TEMPORARY SIGNS Two double-sided temporary signs may be permitted and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. Each sign may not exceed 80 square feet in area. If the sign is two-sided, each sign face may not exceed 80 square feet in area. o The setback for temporary signs from U.S. 41 rights-of-way and any perimeter property line shall be 15 feet. Temporary signs may not exceed 8 feet in height above the finished ground level of the centerline of the nearest road. Temporary signs may remain in place simultaneously with permanent signage until the project reaches 75% build-out. CONSTRUCTIONENTRANCESIGNS One sign, a maximum of 20 square feet in size, shall be permitted at each construction entrance to identify the entrance as such. No building permit is required. Employment signs a maximum of 20 square feet in size may be located at each construction entrance to advertise for construction trade employment. No building permit is required. INTERNAL SIGNS Residential directional or identification signs may be allowed internal to the development. Such signs may be used to identify the location or direction of approved uses such as, but not limited to, models or model sales centers, clubhouse, recreational areas. Individual signs may be a maximum of 4 square feet per side in size. Signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side. All of these signs shall be a maximum height of 8 feet. 11-13 Real estate signs with a maximum size of 4 square feet per side may be permitted in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", or similar verbiage. No building permit is required. Special event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs, or programs or any charitable, or educational event. Special event signs shall be erected not more than 14 days preceding the event and shall be removed within 72 hours of completion of the event. Such signs shall be located no closer than 10 feet to any property line. No building permit is required. Grand opening signs: The developer may display an on-site grand opening sign not exceeding 32 square feet on a side and not exceeding 64 square feet total. Any banner signs shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. No building permit is required Go COMMERCIAL SIGNS Commercial signs within the commercial area shall be erected consistent with provision of the Collier County Land Development Code Division 2.5, Signs. 2.20 The maximum allowable display area for signs may not be more than 20 percent of the total square footage of the visual faqade of the building to which the sign will be attached and may not, in any case, exceed the maximum square footage permitted in Subsection 2.5.5.2.5.2 of the Land Development Code. H. TRAFFIC SIGNS Traffic signs, such as street signs, stop signs and speed limit signs, may be designed to reflect a common architectural theme. The placement and size of the signs will be in accordance with the Collier County Land Development Code. SIDEWALK/BIKE PATHS mo Pursuant to Section 3.2.8.3.17 of the Land Development Code, the Wentworth Estates PUD shall provide sidewalks/bike paths as follows: A sidewalk/bikepath/jogging/golf cart network will be integrated throughout the entire site including Residential, Golf Course/Open Space, and Conservation Districts. An internal pedestrian lane or a combination of sidewalks, walking paths, boardwalks or cart paths will be provided throughout the project. II-14 2.21 2.22 2.23 Bo The developer reserves the right to request substitutions to Land Development Code sidewalk/bikepath design standards in accordance with Section 3.2.7.2 thereof. SUBSTITUTIONS TO SUBDIVISION DESIGN STANDARDS The developer reserves the right to request substitutions to subdivision improvement and utility design standards in accordance with Section 3.2.7.2 of the Land Development Code. COMMUNITY DEVELOPMENT DISTRICT mo The developer may elect to establish the Wentworth Estates Community Development District to provide and maintain infrastructure and community facilities needed to serve the project. The CDD may constitute a timely, efficient, effective, responsive and economic way to ensure the provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the CDD shall be subject to, and shall not be inconsistent with the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of the Wentworth Estates PUD. Bo The land area is amenable to infrastructure provision by a district that has the powers set forth in the charter of a Community Development District pursuant to Sections 190.006 through 190.041, Florida Statutes. Such a district may be a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastructure under the terms and conditions of County development approval. ROADWAYS If the developer so elects, roadways within the Wentworth Estates PUD may be included as one of the CDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of the Land Development Code, unless otherwise modified, waived, or excepted by this PUD Document or approved during preliminary subdivision plat approval. The developer reserves the right to request substitutions to Land Development Code design standards in accordance with Section 3.2.7.2 thereof. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all privately owned and maintained project roadways and roadways built and/or maintained by the Wentworth Estates CDD, if applicable. II-15 2.24 2.25 Bo Roadways within the Wentworth Estates PUD shall be designed and constructed in accordance with Section 3.2.8 of the Collier County Land Development Code with the following substitutions. Street right-of-way width: The minimum right-of-way width to be utilized for local streets within the Wentworth Estates PUD shall be fifty (50') feet. o The primary project entry road may be constructed utilizing an urban type roadway cross section with sidewalks on each side. ° Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. ° Reverse curves: Tangents shall not be required between reverse curves on any project streets. USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways and signage shall be allowed subject to review and administrative approval by the developer and the Collier County Development Transportation Services Director for engineering and safety considerations during the development review process and prior to any installations. LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Planning Services Director. 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 of the Collier County Land Development Code. Removal of fill and rock from the Wentworth Estates PUD shall be administratively permitted to an amount up to ten (10%) percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. II-16 SECTION III 3,.1. RESIDENTIAL AREAS PURPOSE The purpose of this Section is to identify specific development standards for Residential Areas within the Wentworth Estates PUD designated on Exhibit "J" as Tracts A, B, C, and D. 3.2. MAXIMUM DWELLING UNITS An approximation of the possible distribution for the maximum number of dwelling units allowed within the PUD is as follows: A 330 MDR, MHDR B 246 LDR, MHDR C 281 LDR, MHDR D 343 LDR, MHDR Total 1,200 3.3. LDR - Low-density residential (single family, zero lot line, duplex, two family) MDR - Medium-density residential (single family attached, townhouse, attached and detached villa, coach homes, carriage homes, and clustered homes) MHDR - Medium-height-density residential (multi-family - midrise) The PUD Master Plan, Exhibit "J", attached hereto, and this PUD Document provide a depiction of the Residential Tracts. At the time of final subdivision plan approval for each phase, the exact location, type and number of the MDR and LDR units in each tract will be determined by the developer The MHDR units in all of the MHDR Districts may, at the developer's option, be converted to MDR or LDR units. GENERAL DESCRIPTION Areas designated as residential on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated as residential is 1,034.72+ acres. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan or preliminary subdivision plat approvals in accordance with Division 3.3, and Division 3.2 respectively, of the Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. III-1 3.4. The residential component of the development will consist of low density residential (LDR), medium density residential (MDR) and medium height density residential (MHDR) districts. The LDR and MDR districts may include any of the principal uses listed below, except for the 90-foot mid-rise condominium structures. Provided that the maximum number of dwelling units approved is not exceeded, the developer may interchange the dwelling unit types among the LDR, MDR and MHDR districts. The development standards associated with the dwelling unit types allowed in LDR and MDR districts, respectively, shall be applied when a dwelling unit type is transferred among the districts. In the case where a dwelling unit type is allowed in both LDR and MDR districts, the more restrictive development standards shall apply, if different. Dwelling unit types shall be the same within a development tract with landscape buffers between tracts and in conformity with Division 2.4 of the Land Development Code. In all MHDR districts up to twelve (12) mid-rise condominium structures not to exceed ninety (90) feet in height shall be permitted. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single family dwelling units. 2. Single family attached townhouse dwelling units. 3. Duplex dwelling units. 4. Two-family dwelling units. 5. Zero lot line dwelling units. o Multi-family dwelling units (detached and attached villas, townhouse, coach homes, carriage houses and as many as twelve (12) mid-rise condominium structures not to exceed 90 feet in height and other similar housing types). The clustering or grouping of housing structure types identified in Section 3.3 of this Document may be permitted on parcels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 and Section 2.6.36 of the Collier County Land Development Code, subject further to the provisions of Division 3.3 of the Collier County Land Development Code and Table I of this Document. 8. Family care facilities. 111-2 3.5. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. B. Accessory Uses and Structures: Accessory uses and structures customarily associated with principal uses permitted in residential districts, including but not limited to recreational facilities designed to serve residents of the principal structure. ° Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, golf course, clubhouse and maintenance facility, pools, community center building, tennis facilities, parks, playgrounds and play fields. o Any other accessory use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. DEVELOPMENTSTANDARDS Do mo Table 1 sets forth the development standards for land uses with the Wentworth Estates PUD residential area. Site development standards for single-family, single-family attached, duplex, zero lot line, two-family, and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the adopted Wentworth Estates PUD design guidelines and standards, are to be in accordance with 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 I shall be in accordance with the standards of the zoning district which is most similar to the proposed use. In the case of residential structures with a common architectural theme, required property development regulations of Table I may be waived or reduced provided a site plan is approved by the Planning Services Director or his designee, in accordance with the criteria contained in Sections 2.6.27.4.6.1 through 2.6.27.4.6.3 of the Land Development Code. This is a deviation from Subsection 2.6.27.4.6 which requires approval by the Collier County Planning Commission. III-3 Fo Where residential landscape buffers are located adjacent to a commercial property, clubhouse or community pool facility, a 10-foot wide, Type A landscape buffer is required on the residentially zoned property, and a 15-foot wide Type B landscape buffer is required along commercial, clubhouse or community pool property. 111-4 4.2 4.3 SECTION IV COMMERCIAL AREA PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area identified within the Wentworth Estates PUD Master Plan as Commercial Area. GENERAL DESCRIPTION Areas designated as Commercial Area on the Wentworth Estates PUD Master Plan are designed to accommodate a full range of commercial, retail and office uses designed to serve residents of the Wentworth Estates PUD and the immediate vicinity. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Automotive dealers and gasoline service stations (5511,5531, 5541 with services and repairs as described in Section 2.6.28, of the Land Development Code 5571, 5599, new vehicles only. B. Home furniture, furnishings and equipment Stores (Groups 5712-5736) C. Eating and drinking places, including drive-through (Groups 5812) D. Miscellaneous retail (Groups 5912, 5921, 5941, 5992-5999) E. Depository and non-depository institutions (Groups 6021-6062 and 6111-6163) F. Security and commodity brokers (Group 6211-6289) G. Insurance carriers (Groups 6311-6399) H. Automotive rental and leasing (Groups 7514-7515) I. Miscellaneous repair services (Groups 7622-7699) J. Amusement and recreation services (7911, 7922, 7933, 7991) K. Health services (Groups 8011-8099) L. Membership organizations (Groups 8611-8661) M. Engineering, accounting, research and related services (Groups 8711-8720, 8722- 8748) IV-1 No Legal services (8111) Child/adult day care services (8351) Sales/welcome center 4.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: Front Yard: Twenty-five feet (25') minimum or one-half the building height whichever is greater. 2. Side Yard: Fifteen feet (15') 3. Rear Yard: Fifteen feet (15') Preserve Setbacks: i. Principal structures: ii. Accessory structures: Twenty five feet (25') Ten feet (10') Setbacks from a lake for all principal and accessory uses may be zero(O) feet provided architectural bank treatment is incorporated into the design. Bo 6. Where residential landscape buffers are located adjacent to a commercial property, clubhouse or community pool facility, a 10-foot' wide Type A landscape buffer is required on the residentially zoned property and a 15- foot wide Type B landscape buffer is required along commercial, clubhouse or community pool property. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Sixty feet (60') D. Minimum distance between all other principal structures - Twenty feet (20'). Eo Minimum distance between all other accessory structures (excluding drive- through facilities) - Ten feet (10'). Fo Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. G. Minimum lot or parcel area - Ten thousand (10,000) square feet. H. Minimum lot width - Seventy-five feet (75'). IV-2 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. Architectural standards - All buildings shall maintain a consistent architectural theme along each building faqade as required by the Collier County Code Land Development Code. IV-3 5.2, SECTION V COMMON/RECREATIONAL/GOLF COURSE AREAS PURPOSE The purpose of this Section is to set forth the development plan and development standards for the area(s) designed as Common/Recreational/Golf Course Areas on the Wentworth Estates PUD Master Plan, Exhibit "J". The primary function and purpose of this Tract will be to provide aesthetically pleasing open areas, golf course and recreational facilities, except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Golf courses, golf facilities, golf teaching facilities, including classrooms and temporary golf clubhouses 2. Lakes Open space/nature preserve/conservation area uses and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters 4. Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to or passage through the commons areas 5. Small docks, piers or other such facilities, constructed for purposes of lake recreation for residents of the project 6. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation 7. Community enrichment center 8. Project information and sales center 9. Tennis clubs, health spas, pools and other recreational clubs V-I 10. Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. B. Accessory Uses: Clubhouse, pro-shop, practice driving range and other practice facilities, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance facilities, essential services, irrigation water and effluent storage tanks and ponds, utilities, pumping facility, pump buildings, and maintenance staff offices. Retail establishments accessory to the permitted uses of the District such as but not limited to, golf, and tennis. o Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. Accessory, incidental and subordinate commercial activities, such as but not limited to, those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainable only by the membership of the golf course and clubhouse. o Small docks, enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. o Shuffleboard courts, tennis courts, swimming pools and other types of similar recreational facilities. 7. Telecommunications facilities. o Any other use, which is comparable in nature with the foregoing uses, consistent with the permitted uses and purpose and intent statement of this PUD as determined by the Board of Zoning Appeals. 5.3 DEVELOPMENT REGULATIONS Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. V-2 Bo Eo Fo Go H. I. K. Lo Principal and accessory structures shall be set back a minimum of twenty-five (25) feet abutting residential districts and PUD Boundaries. No structure greater than thirty-five (35) feet in height shall be within seventy-five (75) feet of the project property line. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. MAXIMUM HEIGHT: 1. Principal structure - 55 feet. 2. Accessory structure - 55 feet. MINIMUM OFF-STREET PARKING AND LOADING As required by Division 2.3 of the Land Development Code in effect at time of building permit application. Minimum distance between principal or accessory structure, which are a part of an architecturally unified grouping - Ten feet (10'). Minimum distance between all other principal structures - Twenty feet (20'). Minimum distance between all other accessory structures - Ten feet (10'). Minimum floor area - None required. Minimum lot or parcel area - None required. Principal and accessory structures setbacks from Preserve Area: 1. Principal structure Twenty five feet (25') 2. Accessory structure Ten feet (10') Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area which shall be considered inclusive of required golf course parking. v-3 6.1 6.2 6.3 SECTION VI CONSERVATION/PRESERVE AREAS PURPOSE The purpose of this Section is to identify permitted uses and development standards for the areas within the Wentworth Estates PUD designated on the PUD Master Plan as Conservation/Preserve Areas. The goal of this Section is to preserve and protect native vegetation and naturally functioning habitat such as wetlands in their natural state.. GENERAL DESCRIPTION Areas designated as Conservation Areas on the Wentworth Estates PUD Master Plan are designed to accentuate conservation and limited water management uses and functions. 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, subject to regional, state and federal permits when required: A. Principal Uses: 2. 3. 4. Open spaces/nature preserves/wildlife habitats. Boardwalks and nature trails (excluding impervious surfaces). Water management structures. Mitigation activities including exotic vegetation removal and planting of native vegetation. Temporary construction access roads. 6.4 STATE LANDS Lands within the PUD lying within the Rookery Bay National Estuarine Research Reserve are separated by designation on the Master PUD Plan, Exhibit "J", and are governed by the Conservation Zoning District (CON) standards as set forth in Section 2.2.17 of the Collier County Land Development Code in effect at the date of adoption of this PUD Ordinance. VI-1 7.1 7,2, PURPOSE SECTION VII DEVELOPMENT COMMITMENTS The purpose of this Section is to set forth the development commitments for the Wentworth Estates PUD. GENERAL All facilities shall be constructed in strict accordance with final site development plans, final subdivision plans and State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, 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. The developer, his successor and assigns, shall be responsible for the commitments outlined in this Document. The developer, his successor or assignee shall agree to follow the Master Plan and the regulations of the PUD Document as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will agree to convey to any successor or assignee of the developer is bound by in title any commitments within this Document. 7.3. PUD MASTER PLAN 7.4, Exhibit J, the Wentworth Estates PUD Master Plan illustrates the proposed development. 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 final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. DEVELOPMENT PHASING SCHEDULE, SUNSET MONITORING REPORT PROVISION AND Subject to securing all necessary federal, state and local development permits, construction is proposed to begin in the fall of 2004 and is projected to be completed by December 2012. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. VII- 1 7.5. Bo Monitoring Report: An Annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. TRANSPORTATION The following commitments are made as necessary elements of the proposed project and as mitigation for the transportation impacts associated with the project. Each of these commitments are made as a result of a detailed traffic impact analysis conducted for the project using a methodology approved by Collier County Transportation Planning Staff, negotiated mitigation plan elements, and other commitments made by the developer regarding site access improvements. These commitments shall be confirmed with a Developer Contribution Agreement (DCA). The Wentworth Estates PUD shall not use Southwest Boulevard as a construction access. However, it will function as a secondary project ingress/egress point for the entire project. Specific roadway improvements have been identified, as needed, to address local concurrency standards. These were identified in a report submitted in December 2002 titled "Wentworth Estates - Transportation Impact Study". The improvements to be made by the developer are described below. Co Arterial level street lighting shall be provided at all development points of ingress and egress. Said lighting must be in place at any active entrance prior to the issuance of the first permanent certificate of occupancy (CO). Do External project entrance improvements located at the US 41/North Entrance and the US 41/Southwest Boulevard, such as turn lanes and median modifications, and internal roadway improvements will not be considered for impact fee credits. All such project specific improvements needed to serve the development traffic at an acceptable level of service shall be in place prior to the issuance of the first CO. E. The following Transportation Impact Mitigation Plan will operate to alleviate the development's impact on the adjacent roadway network: No later than within ten (10) days of the date of the execution of the DCA for the project, the developer shall obtain certificates of public facility adequacy for roads for all development density and intensity authorized by this PUD by prepaying to the County one-half of the road impact fees estimated to be due for all authorized development. This pre-payment shall serve to mitigate the project's impacts, advance improvements to roadways expected to be impacted by the project and vest all of the project's development density and intensity for transportation concurrency requirements. It is estimated that this prepayment will be at least $3,500,000 based on an estimate of half of the vii-2 amount currently applicable for road impact fees for authorized residential and commercial uses. All impact fees shall be calculated based on the fee schedule in effect on the date first: mentioned above. The impact fee prepayment funds may be utilized by the County outside of the road impact fee district in which the Wentworth Estates PUD is located. Prior to the issuance of the first CO, the developer shall construct intersection improvements (turn lanes and median improvements) and, when warranted, install traffic signals at the intersections of US 41/Southwest Boulevard and US 41/North Entrance to the Wentworth Estates PUD. These improvements will be considered project related and will not be eligible for impact fee credits. Additionally, and without impact fee credits, the developer shall contribute the sum of $392,800 to construct southbound left and eastbound right turn lanes for the US 41/Airport Road intersection (engineer's estimate of probable cost: $339,800), and a westbound left turn lane at the US 41/Rattlesnake-Hammock Road intersection (engineer's estimate of probable cost: $53,000). These payments shall be made to the County within sixty (60) days of receipt by the developer of the County's written request for payment of construction costs, or within 90 days of approval of this Ordinance, or as otherwise required under the terms of the DCA. Although two specific improvements have been identified above, the developer understands and agrees that the County may determine that other improvements within the same Transportation Concurrency Management Area are more essential for the efficient operation of the transportation system than those identified above and may elect to use these funds to construct those alternate improvements. These alternate improvements are to be made within the same Transportation Concurrency Management Area that includes the project. The developer fully agrees to provide this level of flexibility to the County in the use of the above-mentioned funds. Fo Go All points of ingress and/or egress as shown on any plan submittal are conceptual in nature and subject to change as determined by Collier County Transportation Staff. Collier County Transportation Staff reserves the right to modify, or close any ingress and/or egress location(s) determined to have an adverse effect on the health, safety, and welfare of the public. These include, but are not limited to, safety concerns, operational circulation issues and roadway capacity problems Any and all median opening locations will be in accordance with the Collier County Access Management Policy, as amended, and Land Development Code, as amended. Median access and control will remain under the authority of Collier County. Collier County Transportation Staff reserves the right to modify or close any median opening determined to have an adverse effect on the health, safety, and welfare of the public. These effects may include, but are not limited to, safety concerns, operational circulation issues and roadway capacity problems VII-3 H. Nothing in any development order will vest the right of access over and above a right in/right out condition. Neither will the existence, or lack of, a future median opening be the basis for any future cause of action for damages against the County by the developer(s), its successor(s) in title, or assignee(s). The development shall be designed to promote the safe travel of all users including pedestrians and bicyclists. Pedestrian travel ways shall be separated from vehicular traffic in accordance with recognized standards and safe practices. Jo The developer(s), its successor(s) in title, or assignee(s), will be responsible for the cost of any traffic signal at any development entrance when deemed warranted and approved by Collier County Transportation Staff. Traffic signals shall be owned, operated and maintained by Collier County. K. The developer shall provide compensating right-of-way from project lands under the developer's control for all project specific turn lanes necessary to serve the project. Lo All internal access(es), drive aisle(s), sidewalk(s), etc. not located within County right-of-way will be privately maintained by an entity created by the developer(s), its successor(s) in title, or assignee(s). M. The developer agrees to provide shared access if, in the opinion of Collier County Planning and Transportation Staffs, such shared access is physically and economically feasible based on site plans submitted by the developer or adjacent developments, as long as this does not result in relocation or modification of the project's planned entrances onto US 41. N. If a gate is proposed at any development entrance it shall be designed so as not to cause vehicles to be backed-up onto any adjacent roadway or intersection affecting safe and efficient operations on County or State roadways. The minimum depth to the development key pad/phone box and turn-around area in front of any such gate shall be no less than 100 feet. Collier County reserves the right to impose a stricter requirement if site-specific conditions warrant. O. The developer reserves the right to make modifications to the Typical Spine Road Sections to enhance the roadway and streetscape aesthetics and appeal of the development. Modifications will protect the quality and quantity of on-site wetlands, and may help to better display the natural areas. Modifications may also reduce overall traffic speeds and provide enhanced opportunities and experiences for pedestrians and bicyclists. All modifications that are made will be subject to Collier County standards. In areas adjacent to wetlands, the developer reserves the right to make modifications to the Typical Spine Road Section (within the 100-foot right- of-way) to include the following: VII-4 7.6 i. Changing the six-foot sidewalk on one or both sides of the roadway to an 8-foot multi-use path. ii. Allowing a variable width median that may vary between 10 feet and 40 feet. iii. Modifying the typical 4:1 slope at the edge of the right-of-way to other grading solutions as conditions permit. In areas adjacent to uplands, the developer reserves the right to make modifications to the Typical Spine Road Section to include the following: Po Qo i. Allowing a variable width right-of-way that may vary between 100 feet and 150 feet. ii. Changing the 6-foot sidewalk on one or both sides of the roadway to an eight foot multi-use path. iii. Allowing a variable width median that may vary between 10 feet and 90 feet. The developer shall improve Southwest Boulevard to include two 12-foot lanes, a curb-and-gutter urban roadway cross-section with enclosed drainage, and a sidewalk on each side of the road. These improvements will be designed to tie into the existing roadway network and improve area drainage. Improvements to Southwest Boulevard shall also include landscaping and lighting and shall improve the turning movement geometry at the intersection of Southwest Boulevard and US 41. These improvements shall be part of the Phase 1 construction plans and shall be reviewed and approved by Collier County. A bench and/or bus shelter shall also be included in the construction plans with the design and location coordinated by Collier County. The developer shall provide up to $250,000 to supplement the funding for the installation of street lighting by the County, along US 41 from Broward Street to Collier Boulevard. This payment shall be made in accordance with the terms of the DCA. WATER MANAGEMENT In accordance with the rules of the South Florida Water Management District, the Wentworth Estates PUD project shall be designed for a storm event of a 3-day duration and 25 year storm return frequency. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code. All lake dimensions will be approved at the time of excavation permit approval. Co The Wentworth Estates PUD conceptual surface water management system is shown on Exhibit "G", Preliminary Drainage Plans & Details (JEI file No. VII-5 20023436). Minor changes or modifications to Exhibit "G" shall be authorized as provided in Section 2.9 of the Wentworth Estates PUD. 1. The rear yard swales are not proposed to provide water quality. These swales are for conveyance only. The rear yard swales shall be kept free of any obstacles that would impede the flows. These obstacles include but are not limited to pools, sheds, fences, landscaping, etc. The developer shall cooperate with the Collier County Storm Water Management Department in the design of the Wentworth Estates PUD to coordinate with the design and construction sequencing of the Lely Area Storm Water Improvement Project (LASIP) such that construction will not have an adverse effect on regional drainage at any phase of development. Subject to receiving reimbursement from the County pursuant to an agreement, the developer shall assist the County with the design, permitting and construction of the following primary water management facilities and shall be reimbursed for its fair share of the construction costs when applicable portions of the County' s LASIP project are funded by the County. o Canal and outfall waterways on: i. Lely Canal ii. Lely-Manor Canal Western Outfall* iii. Lely-Manor Canal Eastern Outfall * Cooperative effort with County and Collier Enterprises (Collier DRI - a.k.a., Sabal Bay - common property line), or assigns. Subject to receiving reimbursement from the County pursuant to an agreement, the developer shall agree, as a cooperative endeavor, to design, permit and construct, according to County specifications, that portion of an outfall spreader lake that is located within the development's property boundary at the downstream end of the Lely-Manor Eastern Outfall Canal and the proposed storm water pump station (currently proposed to be located at the terminus of Maple Lane). Upon completion and acceptance by the County, the developer shall, by an appropriate agreement, receive reimbursement for its fair share of the construction cost. Phasing of the construction of the proposed improvements to the Lely-Manor Western Outfall Canal and the Lely-Manor Eastern Outfall Canal storm water management facilities shall be coordinated with the various drainage systems. VII-6 The developer shall provide the County with appropriate easements associated with the above-described proposed Lely-Manor Western Outfall Canal and Lely-Manor Eastern Outfall Canal storm water management facilities, including the outfall spreader lake and storm water pumping station components, in order for the County to properly access, operate, and maintain said facilities. The easements shall provide clear and uninterrupted access from U.S. 41. The easements shall be provided at no cost to the County within 120 days of either the developer's construction of the Lely-Manor Western Outfall Canal and/or Lely-Manor Eastern Outfall Canal storm water management facilities, including the outfall spreader lake and storm water pumping station; the platting of the property; or the County's written request for the easement dedications, whichever occurs first. The developer retains the right to utilize the available fill material generated in the construction of the cooperative canals and lake work noted above at no additional cost. The developer shall commit to a water quality monitoring program for the project that is in compliance with the South Florida Water Management District Environmental Resource Permit, which provides monitoring criteria and enforceable limitations. This water quality monitoring program will be developed in conjunction with and will meet the requirements of the Rookery Bay National Estuarine Research Reserve and the Conservancy of Southwest Florida Staffs. 7.7 UTILITIES mo Water distribution, sewage collection and transmission systems shall be constructed throughout the Wentworth Estates PUD project by the developer. Potable water and sanitary sewer facilities constructed within platted rights-of- way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordnance 88-76, as amended, except as may be provided in Section 2.22 of this Document. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County utility construction requirements in effect at the time constructing plans are approved. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.22 of this Document. Do The Wentworth Estates PUD Conceptual Utilities (sewer and water) Distribution Plan is shown on Exhibits "H" and 'T' (JEI File No. 20023436). VII-7 7.8 Bo Irrigation for the residential and golf course will be through groundwater withdrawal permitted by the South Florida Water Management District. ENGINEERING Except as noted herein, all project development will occur consistent with Divisions 3.2 and 3.3, respectively, of the Land Development Code. 7.9 ENVIRONMENTAL mo Co Eo Fo This PUD shall be consistent with the Environmental Sections of the Collier County Growth Management Plan, Conservation and Coastal Management Element and the Collier County Land Development Code in effect at the time of final development order approval Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and shall be subject to review and approval by Environmental Services Staff. This PUD shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FWCC) regarding potential impacts to protected species on-site. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Staff for review and approval prior to final site plan/construction plan approval. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06, Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the Collier County Land Development Code. Conservation easements shall be dedicated on the plat to the project homeowners' association, or like entity, for ownership and maintenance responsibility and to Collier County with no responsibility for maintenance. 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 shall be subject to review and approval by Environmental Services Staff. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Environmental Services Staff for review and approval prior to final VII-8 Go plan/construction plan approval. A schedule for exotic removal within all preservation areas shall be submitted with the above-mentioned plan. All Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council, shall be removed from within preserve areas and subsequent annual removal of these plants (in perpetuity) shall be responsibility of the property owner. A gopher tortoise relocation/management plan shall be submitted for review and approval at the time of final construction plan submittal. The approved language shall be included as part of the construction plans. The homeowners' association documents for Wentworth Estates PUD that shall govern future operations of the association shall provide an educational program component to advise and instruct all future residents of the importance of the adjacent Rookery Bay National Estuarine Research Reserve to the local eco- system. Educational literature shall also be provided to future residents on the proper lawn and garden maintenance requirements associated with living next to the Rookery Bay National Estuarine Research Reserve. In particular, proper methods of exotic vegetation removal, mowing, pruning, burning, trapping, and pesticide/insecticide spraying, will be defined. The developer shall construct wildlife-crossings across roads in appropriate areas within the PUD after consultation with the Florida Fish and Wildlife Conservation Commission. 7.10 7.11 7.12 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with, or following the construction of, the principal structure except for a construction site office and model unit. SIGNS Unless otherwise provided herein, all signs shall be in accordance with Division 2.5 of the Land Development Code. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. VII-9 7.13 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision 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. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County: which agreement shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium associations, homeowners' associations, or tenants' associations. This agreement shall provide for the Golf Course Clubhouse or Enrichment Center, or similar common facility, to be used for a polling place, if determined to be necessary by the Supervisor of Elections. VII- 10 TABLE 1 DEVELOPMENT STANDARDS (LDR) (MDR) (MHDR) Recreational LOW MEDIUM MEDIUM Facilities DENSITY DENSITY HEIGHT (Clubhouse, RESIDENTIAL RESIDENTIAL DENSITY Community Center RESIDENTIAL Building, etc.) Minimum Average Lot Area 6500 s£ 2400 sf 10,000 sf N/A Front Yard Setback 15' **** 15' **** 25' 25' Front Yard Setback for Side Entry 10' 10' N/A N/A Garage Rear Yard Setback (Principal) 10' 5' 20' *** 25' Rear Yard Setback (Accessory) 5' 5' 10' 25' Preserve Setback- Primary Structure 25' 25' 25' 25' Preserve Setback- Accessory 10' 10' 10' 10' Structure Side Yard Setback 0' - 10' with 6' minimum 10' 10'*** 25' between structures Maximum Height Three (3) Three (3) Habitable Three (3) Floors or Habitable Floors Floors or 45' 90_** 55' or 45' Min. Floor Area 750 sf 750 sf 750 sf N/A Min. Distance Between Principal 10' 10' 30'* 10' Structures See Note Min. Distance Between Principal 10' 5' 10' 10' and Accessory Structures * The minimum setback for mid-rise structures shall be no less than the distance noted in Table 1 or one- half the height of the principal structure, whichever is greater. **Maximum height limit is as defined in Section 2.2.F. of the PUD Document ***When adjacent to an LDR or MDR Tract, not less than the distance noted in Table 1 or one-half the height of the principal structure, whichever is greater. **** Front loading garages shall have a minimum front yard setback of 23 feet. VII- 11 MEXICO ~ULF L, ~AN~L ! ! © © © © 0 0 ~ zZZ~ z -~z N i ;I z uJ O~ O0 ~J Z ~ ~o ~ <~z~ ~0~0 ~< ~oz~O O~ ~w~OP ~<~ wo~ 5o~=A~=~= z -~Oz ow zEOo~o~bw~ ~--0~=0~ ~0~ ~w~w~>~o zozo= ~ oo ~ ~2~ ~ ~ ~o z'o =~ ~ ~ ~ .~ _o~o - go<p 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 2003-51 Which was adopted by the Board of County Commissioners on the 23rd day of September, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd day of October, 2003. DWIGHT E. BROCK Clerk of Courts .and~? ~l~erk Ex-officio to Boar~d of ~ County CommisSi0~ers . By: Patricia L? M0..~an~ Deputy Clerk