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CESM Backup Doc 12/05/2025Code Enforcement Special Magistrate Backup November 5, 2025 Special Magistrate hearing December 5, 2025 Case#CESD20240003998 Respondnet Exhibit COLLIER COUNTY CODE ENFORCEMENT SPECIAL MAGISTRATE QUAIL CREEK COUNTRY CLUB INC C E S D20240003998 December 5, 2025 Woodward, Pires & Lombardo, P.A. CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. CASE NO.: CESD20240003998 QUAIL CREEK COUNTRY CLUB, INC., Respondent. RESPONDENT'S MEMORANDUM OF LAW IN SUPPORT OF RESPONDENT'S MOTION FOR EXTENSION OF TIME Respondent, QUAIL CREEK COUNTRY CLUB, INC., by and through its undersigned counsel, hereby provides this memorandum of law in support of its Motion for Extension of Time (the "Motion") as follows: To not grant the Motion would be a procedural due process violation. "Procedural due process requires both fair notice and a real opportunity to be heard 'at a meaningful time and in a meaningful manner.' Keys Citizens, 795 So. 2d at 948 (citing Mathews v. Eldridge, 424 U.S. 319, 333, 47 L. Ed. 2d 18, 96 S. Ct. 893 (1976))." Massey v. Charlotte Cty., 842 So. 2d 142, 146 (Fla. 2d DCA 2003). Here, pursuant to the Collier County Land Development Code ("LDC"), Respondent has pursued its right to an interpretation as to the meaning of the applicable land development regulations that are currently, as shown in the permit file for PRFW20240521494, preventing the permit from issuing. Respondent's request cites to the clear legal standards set forth in Rinker Materials Corp. v. N. Miami, 286 So. 2d 552, 554 (Fla. 1973) (Holding that ordinances must be given their plain and obvious meaning) Page 1 of 2 and City of Miami Beach v. 100 Lincoln Rd., Inc., 214 So. 2d 39, 39 (Fla. 3d DCA 1968) (Holding that "[sjince zoning laws are in derogation of the common law, as a general rule they are subject to strict construction in favor of the right of a property owner to the unrestricted use of his property." (citation omitted)). As argued in the appeal, of INTP- PL20250007902, "fences" are not structures and there is no fence height limit set forth in Article 5 of the LDC. The County's interpretive process is set forth in section 1.06.01, Land Development Code. That process as of the filing of this memorandum has not completed. Therefore, it is not legally possible for Respondent to be on notice of the method of which to come into compliance because the meaning of the applicable land development regulations has not yet been determined pursuant to the LDC and the Motion should be granted. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by email to Bradley Holmes at Bradlev.Holmes@Collier.Gov and Ronald Tomasko at ronald.tomasko@colliercountyfl.gov on this 5th day of December, 2025. WOODWARD, PIRES & LOMBARDO, P.A. 3200 Tamiami Trail N., Ste. 200 Naples, FL 34103 Phone: (239) 649-6555 Fax: (239) 649-7342 By: /s/Zachary W. Lombardo Zachary W. Lombardo, Esq. Florida Bar No. 117530 zlombardo@wpl-legal.com service@wpl-legal.com kchylinski@wpl-legal.com Counsel for Respondent Page 2 of 2 4) Positive As of: December 5, 2025 1:05 PM Z Rinker Materials Corp. v. North Miami Supreme Court of Florida December 6, 1973 No. 43645 Reporter 286 So. 2d 552 *; 1973 Fla. LEXIS 4165'" RINKER MATERIALS CORPORATION, a Florida the opinion of the district and directed that respondent corporation, Petitioner, v. CITY OF NORTH MIAMI, a city issue the building permit sought by petitioner, Florida Municipal corporation, Respondent finding petitioner's request would not violate the ordinance in question. Core Terms LexisNexis® Headnotes plant, concrete, ordinance, cement, zoning, batching, contractor's, storage, words, products, manufacture, industrial, mixing, yards, deletion, pipe, statutory construction, legislative intent, stone Case Summary Governments > Legislation > Interpretation HN1 Legislation, Interpretation Procedural Posture In statutory construction, statutes must be given their Petitioner filed a writ of certiorari to review the decision plain and obvious meaning and it must be assumed that of the Third District Court (Florida) which upheld the the legislative body knew the plain and ordinary circuit court's affirmance of respondent city's denial of a meanings of the words. building permit to petitioner. Overview Petitioner sought to install a contractor's plant and Governments > Legislation > Interpretation storage yard upon its property in industrial zone of respondent city and requested a building permit, which HN2 Legislation, Interpretation respondent city denied. Respondent city concluded that to grant petitioner's request would result in a violation of Statutes or ordinances should be given that an ordinance. The circuit court affirmed respondent interpretation which renders the ordinance valid and city's denial of the building permit. The district court constitutional. upheld that decision. Petitioner filed a writ of certiorari to review the decision of the district court. The court granted the petition for certiorari and quashed the Business & Corporate Compliance > Real opinion of the district court with directions that the order Property > Zoning > Ordinances of the circuit court denying relief be set aside and an Real Property Law > Zoning > Ordinances order entered directing that respondent city issue the building permit sought by petitioner. The court found the Real Property Law > Zoning > General Overview legislative intent of the ordinance revealed that petitioner's request would not violate the ordinance in HN3 Zoning, Ordinances question. Since zoning regulations are in derogation of private Outcome rights of ownership, words used in a zoning ordinance The court granted the petition for certiorari and quashed should be given their broadest meaning when there is Logan Wardlow Page 2 of 5 286 So. 2d 552, *552; 1973 Fla. LEXIS 4165, **4165 no definition or clear intent to the contrary and the (**2] Further conflict is demonstrated with City of Miami ordinance should be interpreted in favor of the property Beach v. Royal Castle System. Inc., 126 So.2d 595. 597 owner. (Fla.App.3d 1961) holding a Board of Adjustment for the City to be bound by the "ordinary and usual meaning of the term" in the statute unless differently defined in its Governments > Local Governments > Ordinances & own provision and applying a reasonable dictionary Regulations definition. 2 HN4 Local Governments, Ordinances & Regulations The opinion under review, like the trial court's ruling, applied statutory construction which is in conflict with Municipal ordinances are subject to the same rules of established principles in the decisional law of Florida in construction as are state statutes. Courts generally may at least the following respects: not insert words or phrases in municipal ordinances in (HN1 a) In statutory construction, statutes must be given order to express intentions which do not appear, unless their plain and obvious meaning and it must be it is clear that the omission was inadvertent, and must assumed that the legislative body knew the plain and give to a statute (or ordinance) the plain and ordinary 3 meaning of the words employed by the legislative body. ordinary meanings of the words. Counsel: [**1] Anne C. Booth of Booth & Booth, [**3] (b) HN2 Statutes or ordinances should be given Tallahassee, and Toby Prince Brigham, Miami, for that interpretation which renders the ordinance valid and Petitioner. constitutional. 4 Arthur J. Wolfson and John G. Fletcher, Miami, for (c) HN3 Since zoning regulations are in derogation of Respondent. private rights of ownership, words used in a zoning ordinance should be given their broadest meaning when Judges: Carlton, C.J., and Roberts, Ervin, Adkins and there is no definition or clear intent to the contrary and Dekle, JJ., concur. the ordinance should be interpreted in favor of the property owner. 5 Opinion by: PER CURIAM HN4 Opinion Fla.Const., Article V, §3(b)(3). [*553] We review on certiorari the Third District's opinion of February 14, 1973, reported at 273 So.2d 2 Godson v. Town of Surfside, 150 Fla. 614, 8 So.2d 497 436, rehearing denied March 13, 1973, which upheld (1942); and Southern Bell Telephone and Telegraph Co. v. the Dade Circuit Court's affirmance of the City's denial DAlemberte. 39 Fla. 25, 21 So. 570(1897). of a building permit to the petitioner upon its property in a Rose v. Town of Hillsboro Beach. 216 So.2d 258 the City's industrial zone. (Fla.App.4th 1968); Brooks v. Anastasia Mosquito Control Conflict appears from failure to follow established Dist., 148 So.2d 64 (F1a.App.lst 1963); Maryland Casualty decisional rules of statutory construction in the Co. v. Sutherland, 125 Fla. 282, 169 So. 679 (1936): Marion consideration of the legislative intent applying to the law County Hospital District v. Namer, 225 So.2d 442 (FIa.App.lst 1969), citing Maryland Casualty, supra: in question, contrary to the holdings which set forth such Godson Town of Surfside. 150 Fia. 614. 8 So 2d 497 rules and are hereinafter footnoted. In failing to apply (F/a.1942); Gay v. City of Coral Gables, 47 So.2d 529 the plain and ordinary meaning and common usage of (F/a.1950); Union Trust Co. v. Lucas. 125 So.2d 582 the language of the ordinance in determining intent, the (Fla.App.2d 1960); and State ex rel. Lacedonia v. Harvey, 68 district court misapplied the established decisional rules So.2d 817(F1a.1953). of statutory construction. Such misapplication is a clear basis of conflict. 1 4 Owen v. Cheney, 238 So.2d 650 (Fla.App.2d 1970); Rotenberg v. City of Fort Pierce, 202 So.2d 782 (Fla.App.4th 1967); City of Eau Gallie v. Holland, 98 So.2d 786(F/a.1957). 'Nielsen v. City of Sarasota. 117 So.2d 731 (Fla.1960): 5 See footnote 3. Page 3 of 5 286 So. 2d 552, *553; 1973 Fla. LEXIS 4165, **3 Municipal ordinances are subject to the same rules of Petitioner's property is within the principal industrial area construction as are state statutes. Rose v. Town of of the City of North Miami, bound on all sides by Hillsboro Beach. 216 So.2d 258 (Fla.App.4th 1968); industrial plants such as the Panelfab Manufacturing Jacksonville v. Ledwith. 26 Fla. 163. 7 So. 885 Plant and the Lehigh Concrete Batching Plant, and is (Fla.1890). Rose also stands for [**4] the substantive within the last undeveloped part of this industrially proposition that courts generally may not insert words or zoned area which is not developed. phrases in municipal ordinances in order to express intentions which do not appear, unless it is clear that the The fact that another company has a concrete batching omission was inadvertent, and must give to a statute (or plant already in [**6] operation right across the street ordinance) p554] the plain and ordinary meaning of from petitioner's proposed site is not mentioned below. the words employed by the legislative body (here the City Council). Brooks v. Anastasia Mosquito Control The only non-industrial use in the area is really one District, 148 So.2d 64 (Fla.App.1st 1963). which has recently intruded into the previously heavily industrialized neighborhood. This is property of the In Maryland Casualty Co. v. Sutherland. 125 Fla. 282. principal objector who erected apartment buildings in a 169 So. 679 (1936), dealing with judicial construction of portion of this industrial center which was expressly the Workmen's Compensation Act, the Court states the rezoned from its previous industrial zoning classification first rule of statutory construction in a like manner: to one for multiple family residential use, and thereupon this objector and developer proceeded to erect his "The legislative history of an act is important to apartment houses there. courts only when there is doubt as to what is meant by the language employed." Petitioner made its purchase in 1970 after a meticulous search for an appropriate site location which was compatible with its spacing of concrete batching plants to serve the needs of the areas served by the petitioner. Where words used in an act, when considered in their The then officials of the City of North Miami Beach were ordinary and grammatical sense, clearly express the expressly asked whether the intended use of the legislative intent, other rules of construction and concrete batching plant by petitioner met the zoning interpretation are unnecessary and unwarranted. The requirements and gave an affirmative response which intent of the North Miami City Commission in its led to petitioner's purchase; only to have petitioner learn enactment of the zoning ordinance in issue is to be upon a change of administration that it was to be denied determined primarily from the language of the ordinance the building permit, the very purpose for which it had itself [**5] and not from conjecture aliunde. A statute or made the purchase. We do not hold that [**7] such ordinance must be given its plain and obvious meaning. inquiry gave petitioner a vested guarantee in the See Marion County Hospital District v. Namer. 225 issuance of its permit, for times and conditions change. So.2d 442 (Fla.App.1st 1969), citing Maryland Casualty, But it does reflect petitioner's good faith and reliance; it supra. also shows what the true "intent" of the legislative body in question was as to the zoning use intended for the This Court in Gay v. City of Coral Gables, 47 So.2d 529 area, which is the principal point raised by petitioner as (Fla.1950), stated the rule that must be followed in being violated [*555] by the "interpretation" of the determining intent of an ordinance: ordinance to arrive at a contrary intent. "When the legislative intent is clear from words The ordinance in question is § 29-42 of the City's zoning used in the enactment, courts are bound thereby code setting forth the uses permitted in the zone in and may not seek a meaning different from ordinary question, namely "industrial zoning district 3-A". or common usage connotation of such words (Ordinance 380.244) The code proceeds to set forth unless, upon a consideration of the act as a whole specifically 43 delineated zoning usages which cover and the subject matter to which it relates, the court the gamut of typical industrial use from "automobile is necessarily lead to a determination that the wreckage service, storage yards . . .", blacksmith shops, legislature intended a different meaning to be storage of gasoline, dredging machinery storage areas, ascribed to the language adopted by it." fertilizer sales, power or steam laundries, stone cutting, welding, leather goods manufacture, and the category under which petitioner claims to fall: Page 4 of 5 286 So. 2d 552, *555; 1973 Fla. LEXIS 4165, **7 "(29) Contractor's plants and/or storage yards, this opinion as the basis for conflict. providing the area used is enclosed by a building or by a wall not less than 6 feet in height." The distinction between "cement" and "concrete" is clear. The dictionary definitions of the two words draws Application (**8] of the maxim expressio unius est the distinction: "Cement" is "a substance used in a soft exclusio alterius would demonstrate the consistency of state to join stones in building, to cover floors, etc., and petitioner's use with that of the 42 other uses set forth in which afterwards becomes hard like stone; any this industrial grouping. substance used for making bodies adhere to each other . . .". On the other hand, "concrete" is defined as: "A The doctrine of noscitur a sociis will similarly apply in concrete form or object . . .; a mass formed by not excluding the "batching" or mixing of ingredients for concretion or coalescence of separate particles of ready mix concrete in truck cylinders, from the type of matter in one body; artificial stone made by [*556] products otherwise set forth in the ordinance. Carraway mixing cement and sand with gravel, broken stone, or v. Armour and Co.. 156 So.2d 494, 495 (F/a.1963); and other aggregate." 6 Rose v. Town of Hillsboro Beach, supra. This distinction between the two substances was Petitioner seeks to install his "contractor's plant and apparently overlooked by the zoning director and City storage yard" for a concrete mixing or "batching" plant and may have been the cause of the fallacious where the ingredients of sand, rock and portland cement reasoning that the deletion from item 29 of "concrete mix are "batched" into the revolving turrets of the typical pipe, etc." was also a deletion of "cement" which, of concrete delivery truck which proceeds to the job while course, is not the case. these ingredients are mixed as the turret (or drum) turns during the trip to its destination. The plant area is fully As we understand [**11] the district court's reasoning, it paved with a built-in wash down system; the aggregate founded its decision upon the fact that the language in is stored in enclosed silos and carried by an enclosed the ordinance, "contractor's plants and/or storage yards" conveyor system, the entire operation being automated is not explicit enough to include a "concrete batching and enclosed. plant" which is this contractor's business, within the meaning of that language. The district court opinion There is no manufacture of heavy cement products. does not suggest what the statutory "contractor's plants This is significant because the principal contention [**9] and/or storage yards" might mean, but simply stated of the City and of the holdings below is that when that whatever it means, a concrete batching plant is not Ordinance 380.244 was adopted in 1966, it deleted a included in that meaning. The trouble with this position phrase "cement products such as concrete blocks, pipe, is that it leads to one of two contradictory results: etc." (1) either the permitted item 29 "contractor's plants . . ." The reasoning of the zoning director which is the basis is meaningless because it does not specify a particular for the rulings below, is that this quoted deletion meant type of contractor as to any type of plant within the that, "it also eliminated the manufacture of concrete as a general industrial purport of the 43 items of industrial permitted use." This is, of course, an interpretation uses (since any contractor at all would meet with the completely at odds with the approval of a competitive same difficulty in that his particular business was not "cement batching plant" already in operation across the specified); or street. The director put it that in his view "concrete was a product of cement and it made no difference in his (2) item 29 as to "contractor's plants . . ." is open to opinion in what form it set up in." Of course concrete is whatever determination the zoning director and City of the "set up" or end result of a "cement" mixture. The North Miami might from time to time choose to give to it, exception in the deletion from the ordinance which was resulting in an arbitrary discretion and an inevitable pointed to by the director as direction for the intended resort to the courts in [**12] each instance. Such an meaning of the permitted use, only included cement unconstitutional result is not permitted where such products "SUCH AS concrete, pipe, etc." and there are contractors are not given equal treatment. The present no products, particularly no "such as" products involved case bears this out wherein it is clear from the record in petitioner's use, nor contained in the permitted uses that the City has permitted all sorts of contractor's for a "contractor's plant and storage yard" in item 29. To inject such additional meaning into such words violates the statutory interpretation [**1O] earlier pointed out in 6Webster's Dictionary, Fifth Edition. Page 5 of 5 286 So. 2d 552, *556; 1973 Fla. LEXIS 4165, **12 plants, some of which are identical and others of which are heavier industrial usage in the same area, one even being a Lehigh Concrete Batching Plant, yet has rejected the petitioner's batching plant. The legislative intent with regard to item 29 in particular is clarified in the record from the statements of the City Council members who passed the ordinance and eliminated from number 29 any "cement products such as concrete blocks, pipe. etc.". One Commissioner and former Mayor stated: "This action was directed at the Florida Litho-Bar Manufacturing Plant which manufactured pre- stressed concrete beams; culvert pipe; blocks and so forth. It was not a ready-mix batching plant. It was very noisy, very unsightly and was expanding even beyond the large size it had. "The action of the Council in eliminating the manufacture of cement products such as 'concrete blocks, pipe, etc.' in no way was meant to include elimination of the contractors [**13] plant and storage yard such as a cement batching plant where cement and aggregates are stored in silos; mixed together and placed in trucks for delivery to job sites." Seldom do we have such evidence of the clear legislative intent of the change (deletion) upon which to rely and it should not be ignored. The petition for certiorari is accordingly granted; the opinion of the district court is quashed with directions that the order of the circuit court denying relief be set aside and an order entered directing that the City of North Miami forthwith issue the building permit sought by petitioner. It is so ordered. CARLTON, C.J., and ROBERTS, ERVIN, ADKINS and DEKLE, JJ., concur. End of Document 0 Neutral As of: December 5, 2025 1:08 PM Z Miami Beach v. 100 Lincoln Road, Inc. Court of Appeal of Florida, Third District September 24, 1968 No. 68-17 Reporter 214 So. 2d 39 '; 1968 Fla.App. LEXIS 4904 '" CITY OF MIAMI BEACH, Florida, a municipal use of his property. corporation, Appellant, v. 100 LINCOLN ROAD, INC., a Outcome Florida corporation, Appellee The court affirmed the judgment of the trial court which Disposition: [**1] Affirmed. enjoined appellant city from claiming that its actions constituted a violation of its zoning ordinance because any interpretation of the ordinance requiring use of Core Terms appellee corporation's parking space to be limited to the occupants of appellee's apartment building was ordinance, parking space, trial court, apartment building, unreasonable and invalid. zoning ordinance, misinterpretation, apartments Case Summary LexisNexis® Headnotes Procedural Posture Appellant city challenged the decision of the trial court (Florida), which enjoined appellant from claiming that its Business & Corporate Compliance > Real actions constituted a violation of its zoning ordinance. Property > Zoning > Ordinances Overview Real Property Law > Zoning > Ordinances The court affirmed the judgment of the trial court. Governments > Courts > Common Law Appellant city challenged a final judgment which enjoined it from claiming that the actions of appellant Real Property Law > Zoning > General Overview constituted a violation of its zoning ordinance. Appellee corporation owned and operated a large apartment HN1 Zoning, Ordinances building and provided parking space pursuant to a city ordinance. Appellee brought action in the trial court and Since zoning laws are in derogation of the common law, alleged that appellant had misinterpreted the legal effect as a general rule they are subject to strict construction of its zoning ordinance and as a consequence of the in favor of the right of a property owner to the misinterpretation had ordered appellee discontinue unrestricted use of his property. using parking areas for other than tenants of apartments. The trial court found that any interpretation Counsel: Joseph A. Wanick, City Atty., Frank, Strelkow of the ordinance requiring use of appellee's parking & Marx, Miami Beach, for Appellant. space to be limited to the occupants of appellee's apartment building was unreasonable and invalid. The Irving Cypen Law Offices, Miami Beach, for Appellee. court found that the ordinance required builders of Judges: Charles Carroll, C.J., and Pearson and apartments to provide a designated number of permanent parking spaces for each family unit. Because Barkdull, JJ. zoning laws were in derogation of the common law, as a Opinion by: PEARSON general rule they were subject to strict construction in favor of the right of a property owner to the unrestricted Logan Wardlow Page 2 of 2 214 So. 2d 39, *39; 1968 Fla. App. LEXIS 4904, **1 Opinion Affirmed. End of Document [*39] The City of Miami Beach appeals a final judgment which enjoined it from claiming that the actions of the appellant constitute a violation of its zoning ordinance. The appellee owns and operates a large apartment building and provides parking space pursuant to a city ordinance. 1 The appellee brought action in the trial court alleging that the city had misinterpreted the legal effect of its zoning ordinance and as a consequence of this misinterpretation had ordered the appellee to "discontinue using parking areas within building for other than tenants' of apartments within building." The trial court found that any interpretation of the ordinance requiring use of the appellee's parking space to be limited to the occupants of the appellee's apartment building is unreasonable and invalid. We agree and affirm the judgment. [**2] The ordinance in question simply requires builders of apartments to provide a designated number of permanent parking spaces for each family unit. HN1 Since zoning laws are in derogation of the common law, as a general rule they are subject to strict construction in favor of the right of a property owner to the unrestricted use of his property. Wright v. De Fatta. 244 La. 251. 152 So.2d 10, 14 (1963). The authorities seem agreed that the purpose of off- street parking requirements is [*40] not to provide every tenant with a parking space at all times but rather to alleviate traffic congestion. See School Dist. of Philadelphia v. Zoning Bd. of Adjust.. 417 Pa. 277. 207 A.2d 864. 868 (1965); 1 Yokley, Municipal Corporations, § 245; 58 Mich.L.Rev. 1068, 1071. The appellant has suggested that the appellee is engaged in the business of operating a parking garage in violation of the use regulation for the business district in which the apartment house is located. This issue has no place in these proceedings, because it was not raised in the trial court. The interpretation of § 16-B of Ordinance 289 was the only matter in issue in the trial court. The judgment is clearly based (**3] upon the court's correct interpretation of that section. We need not pursue the possible application of other ordinances. Section 16-B of Ordinance 289 requires apartment buildings to provide three parking places for each two apartment units constructed. The appellee obtained a variance permitting it to provide one parking space for each unit. ■ INDEX ■ QUAIL CREEK COUNTRY CLUB INC C E S D20240003998 December 5, 2025 TAB DOCUMENT DESCRIPTION 1 Agenda 2 Agenda Packet 3 NoV 4 Stipulation 5 225.11.14 Motion for Extension of Time 6 Fence Details 7 Correction Letter 8 Conditions and Inspections Page 9 Appeal Narrative 10 LDCA Text 11 Mike Bosi Email Re: No Building Permits 12 Bowman Graphics for all Golf Courses (including Quail Creek) 13 Tim Devries Email 14 5.03.02 Fences and Walls, Excluding Sound Walls Code 15 Fencing Definition COLLIER COUNTY Special Magistrate eptlat+ O AGENDA Board of County Commission Chambers Collier County Government Center 3299 Tamiami Trail East, 3rd Floor Naples,FL 34112 December 5,2025 9:00 AM NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE SPECIAL MAGISTRATE WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO,AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.NEITHER COLLIER COUNTY NOR THE SPECIAL MAGISTRATE SHALL BE RESPONSIBLE FOR PROVIDING THIS RECORD. L 1. Call to Order 2. Pledge of Allegiance 3. Approval of Agenda 4. Approval of Minutes 5. Motions 5.A. Motion for Continuance of Imposition of Fines Hearing 5.B. Motion for Extension of Compliance Deadline 5.B.1. CASE NO: CEEX20250005581-PU5423 OWNER: 7801 AIRPORT PULLING RD LLC OFFICER: Michelle Scavone VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 134, Article VI, Section 134-174(C). Tampering switches on the portable water device. Tampering with district equipment without the consent of the district. Previous Notice of Violation and citations have been issued for the same violation. FOLIO NO: 00236400005 PROPERTY 7801 Airport Rd N,Naples,FL 34109 ADDRESS: 5.B.2. CASE NO: CESD20230009042 OWNER: PORT OF THE ISLANDS MARINA A CONDOMINIUM OFFICER: Donald Joseph VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Permits PRBD20200727909, PRFR202100944606 AND PRPL20211050169 are all expired. Work has been done and no inspections completed.No Certificates of Completion/Occupancy issued. FOLIO NO: 1067083852 PROPERTY 525 Newport Dr,Naples,FL 34114 ADDRESS: 5.C. Motion for Re-Hearing 6. Stipulations 7. Public Hearings 7.A. Hearings 7.A.1.CASE NO: CEPM20250002211 OWNER: Angel Barrios and Amada Vega OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1)and 22-231(12)(c). Damage to the roof. FOLIO NO: 81270600000 PROPERTY 2634 Weeks Ave,Naples,FL 34112 ADDRESS: �,. 7.A.2.CASE NO: CELU20240004544 OWNER: MICELI FAMILY REVOCABLE TRUST OFFICER: Sherry Patterson VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 2.02.03, 5.05.16, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i). Mobile food trailers/trucks being stored on the property in a way that is not consistent with the approved site plan. SDP/I required. Variation from approved site plan. FOLIO NO: 53353200009 PROPERTY 3929 Bayshore Dr,Naples,FL 34112 ADDRESS: 7.A.3.CASE NO: CENA20250011460 OWNER: COLT 2021-4 MORT LOAN TRUST C/O SELECT PORTFOLIO SERVICE INC OFFICER: Stephanie Guttum VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-185(a). Grass and weeds exceed 18 inches. FOLIO NO: 51692280009 PROPERTY 2195 Palm St,Naples,FL 34112 ADDRESS: 7.A.4.CASE NO: CELU20250011461 OWNER: COLT 2021-4 MORT LOAN TRUST C/O SELECT PORTFOLIO SERVICE INC OFFICER: Stephanie Guttum VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A)and 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-179. Many items of prohibited storage items including but not limited to household furniture,bicycles,bicycle parts,bicycle trailer, generator,tools,buckets,totes,vacuum, coolers,grates,plywood, grill etc. FOLIO NO: 51692280009 PROPERTY 2195 Palm St,Naples,FL 34112 ADDRESS: 7.A.5.CASE NO: CEV20250012124 OWNER: COLT 2021-4 MORT LOAN TRUST C/O SELECT PORTFOLIO SERVICE INC OFFICER: Stephanie Guttum VIOLATIONS: Collier County Land Development Code 04-41, as amended, Section 4.05.03(C). Silver Dodge truck parked on the grass with possible expired registration. FOLIO NO: 51692280009 PROPERTY 2195 Palm St,Naples,FL 34112 ADDRESS: 7.A.6.CASE NO: CESD20250003544 OWNER: Sterling Cato and Eugenia Nagrebianka OFFICER: Courtney Lynch VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a)and 10.02.06(B)(1)(e)(i). Two unpermitted accessory structures. FOLIO NO: 40925920005 PROPERTY 2861 2nd Ave SE,Naples,FL 34117 ADDRESS: 7.A.7.CASE NO: CEV20250008399 OWNER: Guillermo Lara and Juana Cruz OFFICER: Jernell Herard VIOLATIONS: Collier County Code of Laws and Ordinances,Chapter 130,Article III, Section 130-95. Many inoperable vehicles in the driveway and on right of way and sidewalk. FOLIO NO: 51240880000 PROPERTY 507 N 11th St, Immokalee,FL 34142 ADDRESS: 7.A.8.CASE NO: CEROW20230011256 OWNER: Jose M Ferrer and Xenia Ferrer OFFICER: Craig Cooper VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 110, Article II, Section 110-31(a). Work being done in the Right-of-Way prior to obtaining a Collier County Right-of-Way permit. FOLIO NO: 39028520009 PROPERTY 5022 44th St NE,Naples, FL 34120 ADDRESS: 7.A.9.CASE NO: CESD20250001571 OWNER: SUNRISE APT OF FLORIDA LLC OFFICER: Maria Rodriguez VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted shed was erected without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Department. FOLIO NO: 73760005 PROPERTY 1108 Palm Dr,Immokalee, FL 34142 ADDRESS: 7.A.10.CASE NO: CENA20240012360 OWNER: Patricia Briggs OFFICER: Jason Packard VIOLATIONS:Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A), 2.02.03, and Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-181. Prohibited outdoor storage and/or accumulation of litter, including but not limited to chairs, coolers, a/c handler,pressure tank, golf carts,kayaks, appliances,boat motors, lawn mower,yard carts/trailers and miscellaneous unidentifiable metal objects. FOLIO NO: 1131681106 PROPERTY 258 Lake Gloria Rd, Copeland, FL 34137 ADDRESS: 7.A.11.CASE NO: CESD20240011697 OWNER: Damaris E Soto and Miguel A Soto OFFICER: Jaymie Robertson VIOLATIONS:Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i). A garage/shed installed without first obtaining the authorization of the required permit(s). FOLIO NO: 40473200002 PROPERTY 4121 16th Ave NE,Naples,FL 34120 ADDRESS: 7.A.12.CASE NO: CENA20250006468 OWNER: ILONA DASBACH EST OFFICER: Jason Packard VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Section 54-185(a). Weeds and grass in excess of 18 inches throughout improved unoccupied parcel. `....t FOLIO NO: 55101000006 PROPERTY 224 Pine Valley Cir,Naples,FL 34113 ADDRESS: 7.A.13.CASE NO: CEPM20250004191 OWNER: Rene Gonzalez OFFICER: Jonathan Musse VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1),22-231(12)(b), 22-231(12)(c), 22-231(12)(1) and 22-231(19). Detached structure with damaged roof, soffit, fascia,ripped screening, exposed wires, appearance of microbial growth on the exterior walls, and unsecured opening on the exterior wall. FOLIO NO: 38054120005 PROPERTY 2540 39th St SW,Naples,FL 34117 ADDRESS: 7.A.14.CASE NO: CENA20250007279 OWNER: 11750 RIGGS RD LLC OFFICER: Jason Packard VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 54,Article VI, Sections 54-179 and 54-181, and Collier County Land Development Code 04-41, as L, amended, Sections 1.04.01(A)and 2.02.03. Outside storage/litter throughout the property including but not limited to vehicles both inoperable and operable, boats,trailers,trucks,concrete blocks,pavers,wood, wooden pilings, engines, engine parts,tires,various boat lift parts, ladders, 5 gallon buckets both full and empty, cables, RV air conditioner units,tarps,poly and wood decking, steel plates,roofing materials,various tractor and crane parts,various tractors/cranes, pipes and culverts, crushed cars,pallets, fiberglass boat parts,metal barrels both full and empty,plastic barrels, cylindrical metal storage container, broken/crushed concrete,various plastic bins,push mowers, gas cans, ladders, tires, and various car parts. FOLIO NO: 761000006 PROPERTY 11750 Riggs Rd,Naples, FL 34114 ADDRESS: 7.A.15.CASE NO: CEAU20250007282 OWNER: 11750 RIGGS RD LLC OFFICER: Jason Packard VIOLATIONS:Florida Building Code 8th Edition(2023), Chapter 1, Section 105.1. Two fences(one coming off of the main structure and one coming off of accessory structure) constructed without permits. FOLIO NO: 761000006 PROPERTY 11750 Riggs Rd,Naples,FL 34114 ADDRESS: 7.A.16.CASE NO: CESD20250007286 OWNER: 11750 RIGGS RD LLC OFFICER: Jason Packard VIOLATIONS:Collier County Land Development Code 04-41, as amended, Sections L, 10.02.06(B)(1)(a), 10.02.06(B)(1)(e)and 10.02.06(B)(1)(e)(i). Screened porch enclosed as living space without Collier County Permits and/or Approvals. FOLIO NO: 761000006 PROPERTY 11750 Riggs Rd,Naples, FL 34114 ADDRESS: 7.A.17.CASE NO: CEAU20250008523 OWNER: Maikel Velazquez Marino OFFICER: Donald Joseph VIOLATIONS:Florida Building Code 8th Edition(2023), Chapter 1, Section 105.1. Chain link fence constructed on property without first obtaining the required Collier County Permit. FOLIO NO: 1131960005 PROPERTY 210 Turnstile Dr,Copeland,FL 34137 ADDRESS: 7.A.18.CASE NO: CEVR20250005507 OWNER: HARTEM REVOCABLE TRUST OFFICER: Ryan Kitts VIOLATIONS:Collier County Land Development Code 04-41, as amended, Section 3.05.01(B). I observed significant land clearing activity that exceeds the 10% L threshold permitted under the(ST)Overlay. This level of disturbance constitutes a violation, as any clearing beyond that limit requires a public hearing approval. FOLIO NO: 722040005 PROPERTY 11566 Little Marco IS,Naples, FL 34113 ADDRESS: 7.A.19.CASE NO: CEAC20250004636-01 OWNER: Gerardo Torres Vazquez OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-36(1)(C). Failure to provide sanitary conditions, citation issued on October 6, 2025, 1st offense, "Charlie". FOLIO NO: PROPERTY 4803 Christian Ter W, Immokalee, FL 34142 ADDRESS: 7.A.20.CASE NO: CEAC20250004636-02 OWNER: Gerardo Torres Vasquez OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-37(1)(E). Act of animal cruelty, citation issued on October 6,2025, 1st offense, "Charlie". FOLIO NO: PROPERTY 4803 Christian Ter W,Immokalee, FL 34142 ADDRESS: 7.A.21.CASE NO: CEAC20250004636-03 OWNER: Gerardo Torres Vasquez OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-36(1)(A). Failure to provide shelter, citation issued on October 6, 2025, 1st offense, "Charlie". FOLIO NO: PROPERTY 4803 Christian Ter W,Immokalee, FL 34142 ADDRESS: 7.A.22.CASE NO: CEAC20250004636-04 OWNER: Gerardo Torres Vasquez OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-36(1)(G). Failure to provide humane care and treatment, citation issued on October 6,2025, 1st offense, "Charlie". FOLIO NO: PROPERTY 4803 Christian Ter W, Immokalee,FL 34142 ADDRESS: 7.A.23.CASE NO: CEAC20250009619-03 OWNER: Bethany Marie Azzaro OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-39(9). Failure to obtain a breeder permit, citation issued on October 28, 2025, 3rd offense. FOLIO NO: PROPERTY 4740 10th Ave SE,Naples,FL 34117 ADDRESS: 7.A.24.CASE NO: CEAC20250011773-01 OWNER: Bethany Marie Azzaro OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-29(3). Interfering with an officer, citation issued on October 28, 2025, 1st offense. FOLIO NO: PROPERTY 7610 Davis Blvd,Naples,FL 34112 ADDRESS: 7.A.25.CASE NO: CEAC20250011773-02 OWNER: Bethany Marie Azzaro OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-36(1)(D). Failure to provide medical attention, citation issued on October 28, 2025, 1st offense. FOLIO NO: PROPERTY 4740 10th Ave SE,Naples,FL 34117 ADDRESS: 7.A.26.CASE NO: CEAC20250011773-03 OWNER: Bethany Marie Azzaro OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-36(1)(D). Failure to provide medical attention, citation issued on October 28,2025, 1st offense. FOLIO NO: PROPERTY 4740 10th Ave SE,Naples,FL 34117 ADDRESS: 7.A.27.CASE NO: CEAC20250011773-04 OWNER: Bethany Marie Azzaro OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-36(1)(D). Failure to provide medical attention, citation issued on October 28,2025, 1st offense. FOLIO NO: PROPERTY 4740 10th Ave SE,Naples,FL 34117 ADDRESS: �.. 7.A.28.CASE NO: CEAC20250011773-05 OWNER: Bethany Marie Azzaro OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-36(1)(D). Failure to provide medical attention, citation issued on October `.� 28, 2025, 1st offense. FOLIO NO: PROPERTY 4740 10th Ave SE,Naples,FL 34117 ADDRESS: 7.A.29.CASE NO: CEAC20250012494-01 OWNER: Bailey Bucci OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-29(3). Interfering with an officer,citation issued on October 28,2025, 1st offense. FOLIO NO: PROPERTY 7610 Davis Blvd,Naples, FL 34112 ADDRESS: 7.A.30.CASE NO: CEAC20250012494-02 OWNER: Bailey Bucci OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-36(1)(D). Failure to provide medical attention, citation issued on October 28,2025, 1st offense. FOLIO NO: PROPERTY 4740 10th Ave SE,Naples,FL 34117 ADDRESS: 7.A.31.CASE NO: CEAC20250012494-03 OWNER: Bailey Bucci OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-36(1)(D). Failure to provide medical attention, citation issued on October 28,2025, 1st offense. FOLIO NO: PROPERTY 4740 10th Ave SE,Naples,FL 34117 ADDRESS: 7.A.32.CASE NO: CEAC20250012494-04 OWNER: Bailey Bucci OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-36(1)(D). Failure to provide medical attention, citation issued on October 28,2025, 1st offense. FOLIO NO: PROPERTY 4740 10th Ave SE,Naples,FL 34117 ADDRESS: 7.A.33.CASE NO: CEAC20250012494-05 OWNER: Bailey Bucci OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-36(1)(D). Failure to provide medical attention, citation issued on October 28,2025, 1st offense. FOLIO NO: PROPERTY 4740 10th Ave SE,Naples,FL 34117 ADDRESS: 7.A.34.CASE NO: CEAC20250012484-01 OWNER: Robin Johnson OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-39(9). Failure to obtain a breeder permit, citation issued on November 4, 2025,4th offense. FOLIO NO: PROPERTY 61 35th Ave NE,Naples,FL 34120 ADDRESS: 7.A.35.CASE NO: CEAC20250012484-02 OWNER: Robin Johnson OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-81(A)(1). Failure to provide Permit Number, citation issued on November 4, 2025, 1st offense. FOLIO NO: PROPERTY 61 35th Ave NE,Naples, FL 34120 ADDRESS: 7.A.36.CASE NO: CEAC20250012484-03 OWNER: Robin Johnson OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14, Article II, Section 14-81(A)(1). Failure to provide permit number, citation issued on November 4, 2025, 1st offense. FOLIO NO: PROPERTY 61 35th Ave NE,Naples,FL 34120 ADDRESS: 7.A.37.CASE NO: CEAC20250012484-04 OWNER: Robin Johnson OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-81(A)(1). Failure to provide permit number, citation issued on November 4, 2025, 1st offense. FOLIO NO: PROPERTY 61 35th Ave NE,Naples,FL 34120 ADDRESS: 7.A.38.CASE NO: CEAC20250010000-11 OWNER: James Burns OFFICER: Cara Frank VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 14,Article II, Section 14-36(1)(A). Failure to provide shelter, citation issued on October 13,2025,4th offense, "Teddy". FOLIO NO: PROPERTY 301 Wells St., Lot#7,Immokalee,FL 34142 ADDRESS: 7.B. Emergency Cases 8. New Business 8.A. Motion for Reduction/Abatement of Fines 8.B. Motion for Imposition of Fines and Liens 8.B.1. CASE NO: CESD20240001218 OWNER: ST LAWRENCE PARK A CONDOMINIUM OFFICER: Jonathan Musse VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a) and 10.02.06(B)(1)(e)(i). Unpermitted interior alterations to repair the plumbing. FOLIO NO: 35640400006 PROPERTY 2340 41st St. SW,Naples,FL 34116 ADDRESS: 8.B.2. CASE NO: CESD20230003522 OWNER: Bobby L Williams OFFICER: Courtney Lynch VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Unpermitted interior renovations, see Contractor Licensing Case CECV20230003430. FOLIO NO: 7481020000 PROPERTY 775 Palm View Dr,Naples,FL 34110 ADDRESS: 8.B.3. CASE NO: CEPM20240002457 OWNER: TARGET CORPORATION OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-228(1). Irrigation leak that washed out a large section of the berm. FOLIO NO: 67410000808 PROPERTY 2442 Pine Ridge Rd,Naples,FL 34105 ADDRESS: 8.B.4. CASE NO: CESD20240003998 OWNER: QUAIL CREEK COUNTRY CLUB INC OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Erecting driving range protection netting and posts without permit. FOLIO NO: 68590400000 PROPERTY 13304 Valewood Dr,Naples,FL 34119 ADDRESS: 8.B.5. CASE NO: CEPM20240006299 OWNER: ARMSTRONG CHESTNER LLC OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1), 22-231(12)(i)and 22-242. Unsecured dwelling,boarded-up windows, damage to the windows and exterior door on the side of the garage. FOLIO NO: 68042840008 PROPERTY 3000 Poinciana Dr,Naples,FL 34105 ADDRESS: 8.B.6. CASE NO: CELU20230008823 OWNER: Johanna Dominguez OFFICER: Craig Cooper VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 1.04.01(A)and 2.02.03. Shipping container stored on an unimproved Estates zoned property. FOLIO NO: 39661920008 PROPERTY NO SITE ADDRESS,Naples, FL 34120 ADDRESS: 8.B.7. CASE NO: CEPM20220006522 OWNER: Lloyd L Bowein OFFICER: Jonathan Musse VIOLATIONS: Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-231(12)(b), 22-231(12)(p)and 22-236. Exterior and interior wall damaged to the structure where the building official declared it an unsafe structure. FOLIO NO: 71781640006 PROPERTY 3403 Bayshore Dr,Naples,FL 34112 ADDRESS: 8.B.8. CASE NO: CEVR20250001140 OWNER: Gerardo Ramirez Aguilar OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 3.05.01(B), 10.02.06(D)(3)(e)(i) and 10.02.06(D)(3)(e)(ii). Estates zoned property cleared of vegetation beyond the 1 acre permitted with the original construction of a single-family home. FOLIO NO: 40627680009 PROPERTY 2861 Golden Gate Blvd E,Naples,FL 34120 ADDRESS: 8.B.9. CASE NO: CEVR20240011832 OWNER: 3861 11TH AVE SW NAPLES LLC OFFICER: Bradley Holmes VIOLATIONS: Collier County Land Development Code 04-41, as amended, Sections 10.02.06(D)(3)(e)(i) and 10.02.06(D)(3)(e)(ii). Unpermitted land clearing. FOLIO NO: 37994600000 PROPERTY 3861 l lth Ave SW,Naples,FL 34117 ADDRESS: 8.B.10.CASE NO: CEPM20240003255 OWNER: WEST SHORE BELVEDERE LLC OFFICER: Jonathan Musse VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Section 22-228(1), Damages to the pipe causing water intrusion in the kitchen peninsula. FOLIO NO: 23908502807 PROPERTY 492 Quail Forest Blvd,Unit 801,Naples, FL 34105 ADDRESS: 8.B.11.CASE NO: CESD20200000453 OWNER: Carlos Gonzalez and Barbara Reyes OFFICER: Jeremiah Matos VIOLATIONS:Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a). Unpermitted addition/improvements. FOLIO NO: 40982200001 PROPERTY 2660 8th Ave SE,Naples,FL 34117 ADDRESS: 8.B.12.CASE NO: CEPM20240002432 OWNER: PACIFICA NAPLES LLC OFFICER: Jonathan Musse VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1)and 22-231(12)(p). A leak within the wall between the closet and master bathroom causing water damages to the drywall and floor. FOLIO NO: 35830040001 PROPERTY 4255 Heritage Cir,Unit 103,Naples,FL 34116 ADDRESS: 8.B.13.CASE NO: CEPM20240005059 OWNER: PACIFICA NAPLES LLC OFFICER: Jonathan Musse VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 22, Article VI, Sections 22-228(1),22-231(12)(b),22-231(c), 22-231(12)(n), 22-231(r)and 22- 240(1)(1). Uneven parking lot, damages to the exterior lights, chain link and vinyl fence, exterior walls, fascia, downspout,missing gate on the dumpster enclosure, and trash overflowing from the dumpster. FOLIO NO: 35830040001 PROPERTY 4250 Heritage Cir,Naples,FL 34116 ADDRESS: 8.B.14.CASE NO: CEPM20240006303 OWNER: PACIFICA NAPLES LLC OFFICER: Jonathan Musse VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1),22-231(1),22-231(12)(p), 22-231(19) and 22-231(20). Microbial growth in the A/C vents and on the drywall behind the toilet. Water stains on the ceiling and interior walls. Damaged vanity. Bathroom sink disconnected. Inoperable smoke detector. FOLIO NO: 35830040001 PROPERTY 4235 Heritage Cir, Unit 108,Naples, FL 34116 ADDRESS: 8.B.15.CASE NO: CEPM20240008639 OWNER: PACIFICA NAPLES LLC OFFICER: Jonathan Musse VIOLATIONS:Collier County Code of Laws and Ordinances, Chapter 22,Article VI, Sections 22-228(1), 22-231(12)(i)and 22-231(p). Leak coming from the ceiling in the restroom and closet,water damages to the ceiling in the restroom and closet, and damages to the weather stripping on the front door. FOLIO NO: 35830040001 PROPERTY 4310 Jefferson Ln,Unit 107,Naples,FL 34116 ADDRESS: 9. Old Business 9.A. Motion to Amend Previously Issued Order 9.B. Motion to Rescind Previously Issued Order 10. Consent Agenda 10.A.Request for Special Magistrate to Impose Nuisance Abatement Liens on Cases Referenced in Submitted Executive Summary. 10.B.Request to Forward Cases to County Attorney's Office as Referenced in Submitted Executive Summary. 10.C.Request for Special Magistrate to Impose DAS Citation Liens on Cases Referenced in Submitted Executive Summary. ll. Reports 12. Next Meeting Date - FRIDAY -JANUARY 9, 2026, AT 9:00 AM. 13. Adjourn 12/5/2025 Item # 8.B.4 ID# 2025-4767 �,. ept,L.% Special Magistrate On—UN Special Special Magistrate Action Item (2025-4767) CESD20240003998 QUAIL CREEK COUNTRY CLUB INC CASE NO: CESD20240003998 OWNER: QUAIL CREEK COUNTRY CLUB INC OFFICER: Bradley Holmes VIOLATIONS:Collier County Land Development Code 04-41, as amended, Sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i). Erecting driving range protection netting and posts without permit. FOLIO NO: 68590400000 PROPERTY 13304 Valewood Dr, Naples, FL 34119 ADDRESS: Page 223 of 390 CODE ENFORCEMENT - COLLIER COUNTY, FLORIDA Office of the Special Magistrate BOARD OF COUNTY COMMISSIONERS, Case: CESD20240003998 COLLIER COUNTY. FLORIDA, Plaintiff, vs. QUAIL CREEK COUNTRY CLUB INC, Respondent(s) NOTICE OF HEARING RE: MOTION FOR IMPOSITION OF FINES/LIENS PLEASE TAKE NOTICE that Pursuant to Section 162.06 and 162.12, Florida Statutes, and Collier County Ordinance No. 2010-04, as amended, you are hereby ordered to appear at a public hearing before the Office of the Special Magistrate on the following date, time, and place for the violation below: DATE: 12/05/2025 TIME: 09:00 AM PLACE: 3299 Tamiami Trail East Building F, 3rd Floor, Naples, FL 34112 VIOLATION: CO Required ATF Permits 10.02.06(B)(1)(a), 10.02.06(B)(1)(e) and 10.02.06(B)(1)(e)(i) LOCATION OF VIOLATION: 13304 Valewood DR, Naples, FL 34119 SERVED: QUAIL CREEK COUNTRY CLUB INC, Respondent Bradley Holmes, Issuing Officer RESPONDENTS ARE REQUIRED TO APPEAR AT 8:30 AM FOR A PRE-HEARING CONFERENCE HEARINGS TO BEGIN AT 9:00 AM PLEASE TAKE FURTHER NOTICE that the alleged violator may produce any and all documents, witnesses and/or evidence to be relied upon for the testimony given at the hearing. Documents will consist of the original and three copies. Alleged violators have the right to be represented by an attorney. PLEASE TAKE FURTHER NOTICE that Requests for Continuances will not be considered if not received by the Secretary to the Office of the Special Magistrate at least five(5) business days prior to the date set for the hearing. IT IS FURTHER ADVISED that Ordinance No. 2010-04, as amended. be reviewed prior to your attendance at the hearing to include emphasis on Section Eight relating to the appeal process. Miriam Lorenzo COLLIER COUNTY CODE ENFORCEMENT 2800 North Horseshoe Drive Naples, Florida 34104 (239) 252-2400 Telephone Anyone who requires an auxiliary aid or service for effective communication.or other reasonable accommodations to participate in this proceeding. should contact the Collier County Facilities Management Division.located at 3335 Tamiami Trail E.,Suite 101,Naples,Florida 34112.or(239)252- 8380,as soon as possible,but no later than 48 hours before the scheduled event.Such reasonable accommodations will be provided at no cost to the individual. NOTIFICACION:Esta audiencia sera conducida en el idioma ingles.Servicios the traduccion no seran disponibles en la audiencia y usted sera responsable de proveer su propio traductor,para un mejor entendimiento con las comunicaciones de este evento.Por favor traiga su propio traductor. AVETISMAN: Tout odisyon yo fet an angle.Nou pan gin moun pou f8 tradiksyon.Si ou pa pale angle tanpri vini avek you intepret pou pale pou-ou. Page 224 of 390 INSTR 6676619 OR 6464 PG 1499 RECORDED 5/2/2025 4:03 PM PAGES 3 CRYSTAL K. KINZEL, CLERK OF THE CIRCUIT COURT AND COMPTROLLER, COLLIER COUNTY FLORIDA REC S27.00 CODE ENFORCEMENT-SPECIAL MAGISTRATE COLLIER COUNTY,FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, /7 vs. Case No. CESD20240003998 QUAIL CREEK COUNTRY_CLUB,INC. Respondent. ORZER OF THE SPECIAL MAGISTRATE THIS CAUSE came before the Special Magistrate for public hearing on April 4,2025,and the Special Magistrate,having received evidence ar)1 heard argument respective to all appropriate matters, hereupon issues his Findings of Fact,Conclusions pf Law and Order of the Special Magistrate,as follows: % / FINDINGS OF FACT/and CONCLUSIONS OF LAW 1. Respondent,QUAIL CREEK COUN RYpeUB, INC. is the owner of the property located at 13304 Valewood Dr,Naples,FL 34114- Folio 68590400000. 2. Respondent was duly notified of the date of heayi„g by certified mail and posting and was not present at the hearing. Pursuant to Collier Cod'nty,Codepf Laws and Ordinances,Article IX, Division 4,Section 2-2029(a)(5),"Where notice of the'hearing has been provided to the Violator as provided for herein,a hearing may be eon fitecI and an order rendered even in the absence of the Violator." ff 3. Respondent has stipulated to the fact that the property is in vffoI�ation of Collier County Land Development Code 04-41,as amended, Sections 10.02.06(8:)(1) ), 10.02.06(B)(l)(e)and 10.02.06(BX1XeXi)to wit erecting driving range protection.nettirg and posts without permit. 4. Resident Letitia Accarrino testified in opposition to this constructi 5. The violation has not been abated as of the date of the public hearirfg. ) ORDER Based upon the foregoing Findings of Fact and Conclusions of Law,and pursuant to the authority granted in Chapter 162, Florida Statutes,and Collier County Ordinance No.07-44,as amended, IT IS HEREBY ORDERED: A. Respondent is found guilty of violation of Collier County Land Development Code 04-41,as amended,Sections I0.02.06(B)(1)(a), 10.02.06(BXI)(e)and 10.02.06(B)(l)(e)(i)to wit erecting driving range protection netting and posts without permit. Page 225 of 390 OR 6464 PG 1500 B. Respondent is ordered to pay operational costs in the amount of S111.70 incurred in the prosecution of this case within thirty(30)calendar days from the date of this hearing(May 4,2025). C. Rcsponde must abate the violation by obtaining required Coller County Approvals, Buildn P9rmit(s),Demolition Permit(s),Inspections,and Certificate(s)of Completio ccupancy for the driving range poles and protection netting within 120 calendar'da)-of a date of this hearing(August 2,2025)or a fine of S200.00 per day will be imposed until the the is abated. D. Respondent shall 9otifjvthe Code Enforcement Investigator within 24 hours of abatement or compliance in order for the County to conduct a final inspection to confirm abatement. E. If Respondent fails to-alit the violation and comply with this Order,the Collier County Code Enforcement Deparimen ay abate the violation using any appropriate method to bring the violation into complian e. If necessary,the County may request the services of the Collier County Sheriff's Office in order to aE"ess t}te property for abatement and enforce the provisions of this Order. All costs of ahatement_ afl be assessed against the property owner and may become a lien on the property. •... ..DO-NF.AND ORDERED this 4th day of41;i12025,at Naples,Collier County, Florida. i h o'1'r'':•4.' J • •;:'`-4%•'+ 1 'n'•: • COL}�ER COUNTY CODE ENFORCEMENT - •L ibl'.y � otttahtsin and raCdkatwntp SPECIAVIAGIIRATE 'do Co* ' e' is a Inn end cored • � ,�i.cL• tkpl7tyeterk •,'; . l=, - � Patric141. Neale, Eye.b i�J / Executed by..---------- // Special Magistrate Pafricbr. Neale on ,20 Filed with the Secretary to the Special Magistrate on_ ,4025 by PAYMENT OF FINES: Any fines ordered to be paid pursuant toll's order may be paid at the Collier County Code Enforcement Division,2800 North Horseshoe Drive,Naples, FR,34104,phone#(239)252- 2440 or%‘w w.collictcount‘11.uov. Any release of lien or confirmation bf for pliance or confirmation of the satisfaction of the obligations of this order may also be obtained at thtslosatiop. I i APPEAL: Any aggrieved party may appeal a final order of the Special Magistr to the Circuit Court within thirty(30)days of the execution of the Order appealed. An appeal sha notfie hearing de novo but shall be limited to appellate review of the record created within the original fiiearild. )t is the responsibility of the appealing party to obtain a transcribed record of the hearing from thb Clerk of Courts. Filing a Notice of Appeal will not automatically stay the Special Magistrate)Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct cop of this ORDER OF THE SPECIAL MAGISTRATE, has been sent by U.S. Mail on this y of,d,2 2025 to R pondent, QUAIL CREEK COUNTRY CLUB, INC.,570 Carillon Pkwy,# 10, St. et urg, FL 16. C de Enforcement Off al Page 226 of 390 *** OR 6464 PG 1501 *** Office of Special Magistrate Collier County, Florida Petitioner, vs. Case No. CESD20240003998 Quail Creek Country Club, Inc. Respondent, STIPULATION/AGREEMENT Before me, the undersigned, ( "," ,cS el"1441. , on behalf of Quail Creek Country Club, Inc., enters into this Stipulation and,.Agreement with Collier County as to the resolution of Notices of Violation in reference to case number CESD20240003998 dated the 5th day of May 2024. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s)of Violation for which a hearing is currently scheduled for April 4, /025; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice Of Violation, The Collier County Land Development Code 04- 41, as amended, sections 10.02.06(B)(1)(a), 10.02.05(B)(1)(e), and 10.02.06(B)(1)(e)(i), are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall: 1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by obtaining required Collier County Approvals, Building Permit(s)or Demolition Permit(s), Inspections, and Certificate(s) of Cdnpletion/Occupancy for the driving range poles and protection netting within 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made durng the wo.kweek. If the v elation Is abated 24 ho,jrs pnor to a Satorday.Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday.Sunday or legal holiday.) • 1 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriffs Office to enforce the provisions of this agreement and all costs of abatement all.be asses ed to the property owner. • Respondent or Representative (sign) ick al, Inv gator II for Thomas landimarino, Director Code Enfo e ent Division Respondent or Representative (print) D to Y///ZIV‘ Date REV 3-29-16 Page 227 of 391 COLLIER COUNTY,FLORIDA OFFICE OF THE SPECIAL MAGISTRATE OSM CASE NO.CESD20240003998 � COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS,Petitioner vs. QUAIL.CREEK COUNTRY CLUB INC, Defendant AFFIDAVIT OF NON-COMPLIANCE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME,the undersigned authority, personally appeared Rickey Migal,Code Enforcement Official for the Hearing before the Special Magistrate of Collier County, who after being fully sworn.deposes and says: I. That on April 04, 2025, the Special Magistrate held a hearing and issued an Order in the above-styled matter and stated that Defendant(s) was to obtain the proper permits and certificates of completion or demolition permits to remove the driving range poles as stated in the Order of the Special Magistrate recorded in the public records of Collier County, Florida in OR Book 6464 PG 1499 . 2. That the respondent did not contact the investigator. 3. That a re-inspection was performed on August 5 2025. That the re-inspection revealed that the corrective action ordered by the Special Magistrate was not in compliance with the following conditions: did not obtain the proper permits and certificates of completion or demolition permits to remove the driving range poles. FURTHER AFFIANT SAYETH NOT. DATED this 5th day of August 2025. COLLIER COUNTY,FLORIDA HEARING OF THE SPECIAL MAGISTRATE Rea Me94/ Rickey Migal Code Enforcement Official STATE OF FLORIDA COUNTY OF COLLIER Swop t for affi d)and subscribed before me by means of ✓physical presence or_online notarization, this-(,- day of } --- 20�'by Rickey Migal i l(� (Si ature of Notary Pu c) )' r`'`.•••N. MIRIAM LORENZO :4 Co 'nission#HH 379743 `4 (Print'Type Stamp Commissioned Name of Notary ` ExpresJuneB 2027 • m Public) Personally known N' Page 228 of 390 Case Number: CESD20240003998 Date: May 01, 2024 Investigator: Rickey Migal Phone: 2398778122 COLLIER COUNTY CODE ENFORCEMENT NOTICE OF VIOLATION Owner: QUAIL CREEK COUNTRY CLUB INC 13300 VALEWOOD DR NAPLES, FL 34119 Registered Agent: MICHAEL MCDONALD 13300 VALEWOOD DRIVE NAPLES, FL 34119 Location: 13304 Valewood DR, (Unit), Naples Unincorporated Collier County Zoning Dist: GC Property Legal Description: QUAIL CREEK UNIT 1 THAT PORT OF TRACT G LYING SLY AND WLY OF A LINE DESC IN OR 994 PG 553, LESS OR 1347 PG 1636, Folio: 68590400000 NOTICE Pursuant to Collier County Consolidated Code Enforcement Regulations, Collier County Code of Laws and Ordinances, Chapter 2, Article IX, you are notified that a violation(s) of the following Collier County Ordinance(s)and or PUD Regulation(s)exists at the above-described location. Ordinance/Code: Building and Land Alteration Permits. (Permits, Inspections, Certificate of Occupancy Required) Collier County Land Development Code 04-41, as amended, Section 10.02.06(B)(1)(a) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e) Submittal Requirements for Permits. Building or Land Alteration Permits. Improvement of property prohibited prior to issuance of building permit. Collier County Land Development Code 04-41 as amended, Section 10.02.06(B)(1)(e)(i) The County Manager or his designee shall be responsible for determining whether applications for building or land alteration permits, as required by the Collier County Building code or this Code are in accord with the requirements of this Code, and no building or land alteration permit shall be issued without written approval that plans submitted conform to applicable zoning regulations, and other land development regulations. For purposes of this section a land alteration permit shall mean any written authorization to alter land and for which a building permit may not be required. Examples include but are not limited to clearing and excavation permits, site development plan approvals, agricultural clearing permits, and blasting permits. No building or structure shall be erected, moved, added to, altered, utilized or allowed to exist and/or no land alteration shall be permitted without first obtaining the authorization of the required permit(s), inspections and certificate(s)of occupancy as required by the Collier County Building Code or this Code. Improvement of property prohibited prior to issuance of building permit. No site work, removal of protected vegetation, grading, improvement of property or construction of any type may be commenced prior to the issuance of a building permit where the development proposed requires a building permit under this Land development Code or other applicable county regulations. Must obtain all required inspections and certificate of occupancy/completion within 60 days of permit issuance.: Violation Status - Initial DESCRIPTION OF CONDITIONS CONSTITUTING THE VIOLATION(S). Did Witness: Erecting driving range protection netting and posts without permit. Case Number: CESD20240003998 Date: May 01, 2024 Investigator: Rickey Migal Phone: 2398778122 ORDER TO CORRECT VIOLATION(S): You are directed by this Notice to take the following corrective action(s): 1. Must obtain all required Collier County Building Permit(s) or Demolition permit(s) and request all inspections through Certificate of Completion/Occupancy for described structure/alteration. 2. Must be in compliance with all Collier County Codes and Ordinances. Apply for and obtain all permits required for described structure/improvements: OR remove said structure/improvements, including materials from property and restore to a permitted state AND/OR must cease all improvement activities until such time that any and all required permits are obtained from Community Development and Environmental Services. ON OR BEFORE: May 31, 2024 Failure to correct violations may result in: 1) Mandatory notice to appear or issuance of a citation that may result in fines up to $500 and costs of prosecution. OR 2) Code Enforcement Board review that may result in fines up to $1000 per day per violation, as long as the violation remains, and costs of prosecution. SERVED BY: INQUIRIES AND COMMENTS SHOULD BE DIRECTED TO CODE ENFORCEMENT Red igctE 2800 North Horseshoe Dr, Naples, FL 34104 Investigator Signature Phone: 239 252-2440 FAX: 239 252-2343 Rickey Migal Case Number: CESD20240003998 Signature and Title of Recipient Printed Name of Recipient Date *This violation may require additional compliance and approval from other departments which may be required under local, state and federal regulations, including, but not limited to: right-of-way permit, building permit, demolition of structure, Site Development Plan, Insubstantial Change to Site Development Plan, and Variances along with, payment of impact fees,and any new or outstanding fees required for approval. Office of Special Magistrate Collier County, Florida Petitioner, vs. Case No. CESD20240003998 Quail Creek Country Club, Inc. Respondent, STIPULATION/AGREEMENT Before me, the undersigned, (1,„, L ` j , on behalf of Quail Creek Country Club, enters into this Stipulation and Agreement with Collier County as to the resolution of Notices of Violation in reference to case number CESD20240003998 dated the 5th day of May 2024. This agreement is subject to the approval of the Special Magistrate. If it is not approved, the case may be heard on the scheduled Hearing date, therefore it is strongly recommended that the respondent or representative attend the Hearing. In consideration of the disposition and resolution of the matters outlined in said Notice(s) of Violation for which a hearing is currently scheduled for April 4, 2025; to promote efficiency in the administration of the code enforcement process; and to obtain a quick and expeditious resolution of the matters outlined therein the parties hereto agree as follows: 1) The violations noted in the referenced Notice of Violation, The Collier County Land Development Code 04- 41, as amended, sections 10.02.06(B)(1)(a), 10.02.06(B)(1)(e), and 10.02.06(B)(1)(e)(i), are accurate and I stipulate to their existence, and that I have been properly notified pursuant to Florida Statute 162. THEREFORE, it is agreed between the parties that the Respondent shall: 1) Pay operational costs in the amount of$111.70 incurred in the prosecution of this case within 30 days of this hearing. 2) Abate all violations by obtaining required Collier County Approvals, Building Permit(s) or Demolition Permit(s), Inspections, and Certificate(s) of Completion/Occupancy for the driving range poles and protection netting within 120 days of this hearing or a fine of$200.00 per day will be imposed until the violation is abated. 3) Respondent must notify Code Enforcement within 24 hours of abatement of the violation and request the Investigator perform a site inspection to confirm compliance. (24 hours notice shall be by phone or fax and made during the workweek. If the violation is abated 24 hours prior to a Saturday,Sunday or legal holiday, then the notification must be made on the next day that is not a Saturday,Sunday or legal holiday.) 4) That if the Respondent fails to abate the violation the County may abate the violation using any method to bring the violation into compliance and may use the assistance of the Collier County Sheriff's Office to enforce the provisions of this agreement and all costs of abatement shall be assessed to the property owner. Respondent or epresentative (sign) Ric igal, stigator II for Thomas landimarino, Director Code Enforcement Division 6-fairs". 47-17‘ Respondent or Representative (print) Date eZAr Date REV 3-29-16 CODE ENFORCEMENT BOARD COLLIER COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA, Petitioner, vs. CASE NO.: CESD20240003998 QUAIL CREEK COUNTRY CLUB, INC., Respondent. RESPONDENT'S MOTION FOR EXTENSION OF TIME Respondent, QUAIL CREEK COUNTRY CLUB, INC., by and through its undersigned counsel, hereby moves for an extension of time to the code enforcement compliance deadline in the above styled matter and in support thereof Respondent states as follows: 1. Respondent's compliance deadline in this matter was August 2, 2025. 2. The primary issue in this matter is a lack of a building permit. 3. Before the compliance deadline, Respondent, on May 23, 2024, filed for a building permit. 4. The building permit was not issued due to a determination by the County that the height sought is not permitted under applicable land development regulations. 5. Respondent does not agree that the code sections of the Collier County Land Development Code (the "LDC") prohibit the height of the proposed practice driving range containment fence sought. 6. Accordingly, before the compliance deadline, and on July 11, 2025, Page 1 of 3 Respondent filed a Request for Official Interpretation with Collier County regarding the practice driving range containment fence height: INTP- PL20250007902 (the "ROI"). 7. This ROI was brought after the denial of the building permit and in addition to a previously filed variance after it was discovered by the Respondent that there are roughly 8 similar fences in the County in substantially similar positions. 8. On September 12, 2025, the County issued its Official Interpretation regarding INTP-PL20250007902. (the "01"). 9. Respondent does not agree with the County's interpretation and is pursuing an appeal of same. 10. Accordingly, on October 14, 2025, Respondent filed its appeal of the 01 with the County (the "Appeal"). 11. Additionally, on October 27, 2025, Respondent filed a Land Development Code Amendment (the "LDCA"). 12. Because the appropriate venue for interpretative disagreements regarding the LDC is the interpretation process, including appeals, and not code enforcement, Respondent requests that the compliance deadline be extended because it is not clear at this time whether the County is correct in its interpretation and the appropriate forum to determine this is being diligently pursued by Respondent. 13. Additionally, and as articulated in the various filings above, the position the County is taking calls into question the legality and possibility of roughly 8 Page 2 of 3 other practice driving range containment fences that, in at least 2 confirmed cases, do not have building permits. 14. Because there is a County-wide issue, and because the Respondent has, in addition to the Appeal, taken it upon itself to resolve this County-wide issue by filing the LDCA, Respondent requests that its compliance time be extended to allow the LDCA and/or the Appeal to continue to work through the appropriate channels. 15. This motion is being brought in good faith and is not for the purposes of delay. Wherefore, Respondent respectfully requests this motion be granted and the compliance deadline be indefinitely extended pending the outcome of the Appeal and/or LDCA. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been served by email to Bradley Holmes at Bradley.Holmes(a�Collier.Gov on this 14th day of November, 2025. WOODWARD, PIRES & LOMBARDO, P.A. 3200 Tamiami Trail N., Ste. 200 Naples, FL 34103 Phone: (239) 649-6555 Fax: (239) 649-7342 By: /s/Zachary W. Lombardo Zachary W. Lombardo, Esq. 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A » k | 1 0|=B o § qk ; m yli! `2.6\ )) , § » flilhiI- _ m �; I- \ w Z \ /)j ` - 0< 111g4 «a I- ;gh% - < - _ - > k\§80, 0 § ;!!»>§ 8 & 1 uu |e■|| (k ! » /-| ' — e : z \ (\ w& « B/z > 10) __ )( )t) . . y_ . . \ ƒ2 ` . 1-i i\ Z�___ __ 2 ` t | » .0. ^ —-- — 1 s •., 2 » 1-..._,LI \ / z . » \ 2^\` �\ : \i)\� \ ' § °� § /& \oo/ - g)§( E » , . J # _��--� y\ . | �m \ \�x \\kj §m i� ° 7 \\\\ i I . ( ! I- _ [� ce\/ Cr,�_ 0- ` $ 2 y2 / - ) \ �u y �� ~ ` . , - ' ` ' \ Ca �i . § « ,� \ , ��/ � z �, �� �` Y .�,- 1 / LLI � 1CC - , r�. _ �- I Q -» ° 0- \ _1 \'`',..' i m \ �Cn \ �- O ^ . - . ., . w --- ?- H «44411 Golfball Netting Barrier Pole Ht: 60 Ft. Quail Creek Country Club 13300 Valewood Drive Lat.: 26.29589 Degrees Naples, Florida 34119 Long.: -81.7297 Degrees Coastal Netting May 17, 2024 Calc. Sht. 1 of 31 Project No. 24973 CODE: 2023 Florida Building Code This Item has been digitally signed and sealed by NOTE: Ryan Schenker,PE,on 5/20/2024 . This design is for the netting support poles and foundations only. Printed copies of this document are not The design of the netting and its attachment is by others. considered signed and sealed and the signature All structural design not specifically shown below is by others. must be verified on any electronic copies. The Engineering Shedd,LLC•714 4th St Oswego,KS 67356 License No.30122 ALLOW. SOIL BEARING PRESSURE See FBC, Table 1806.2, Class of Mat'l No. 4 %�‘ t� ����1S�A" Lateral bearing pressure = 150 pcf (+ 2x increase per FBC sec. 1806.3.4) _�`j Ix .......... `r,/,, %4 •••••\GEr1S. •9 : • No. Pt 94023• ;, • �'p• STATE OF :4/ WIND LOAD: %' •<v: Occupacy Category: II Ryan ',.'�•�< O A ‘O P•'\_�` Basic Wind Speed: 159 MPH 14 2�54�05'00' �'11 /ONAt �'s Exposure: c Schenker DESIGN BASIS FOR WIND LOADS ON THE PROPOSED STRUCTURE: This errant ball containment fence structure is designed to allow the supported nets to release ("break away")from the supporting cables under unusually high wind load conditions. The design release wind speed is 115 mph (3SU700). With winds of or near this speed, the netting top and side connections will release and the net will drop to the ground. The bottom connection is designed to keep the net securely attached to the bottom cable. This is to keep the net on site during unusually high winds. Therefore the support poles and foundations are designed for the following two conditions: 1. Wind Speed: 159 mph Wind Exposure Category: C Height of netting on poles: Pole Base to +0.0' 2. Wind Speed: 115 mph Wind Exposure Category: C Height of netting on poles: Full Ht., from pole base to top of pole. The second condition represents the design condition with the nets fully attached to the supporting structure and typical light to moderately strong wind loads. The first condition represents the design condition with the nets released from the supporting structure (as described above) under usually high (hurricane)wind loads. 5/11/24, 8:05 AM ATC Hazards by Location Calculation Sheet 2 of A This is a beta release of the new ATC Hazards by Location website Please contact us with feedback 0 The ATC Hazards by Location website will not be updated to supportASCE 7-22.Find out why, ATC Hazards by Location Search Information (--, Fort Myers 98 Address: 13300 Valewood Dr,Naples,FL 34119,USA o Coordinates: 26.2958874,-81.7296689 Cape Cc.,231 Bonita qkgs Elevation: 23 ft North Naples Tim estam p: 2024-05-11 T15:05:52.522Z Naples Big Cypress Hazard Type: Wind National 111111111111 Marco Island Preserve Go gle 41Map data©2024 Google,INEGI ASCE 7-16 ASCE 7-10 ASCE 7-05 MRI 10-Year 87 mph MRI 10-Year 87 mph ASCE 7-05 Wind Speed A 128 mph You are in a wind-borne debris region_ MRI 25-Year 103 mph MRI 25-Year 103 mph MRI 50-Year 118 mph MRI 50-Year 118 mph MRI 100-Year A 130 mph MRI 100-Year A 130 mph You are in a wind-borne debris region if you are also You are in a wind-borne debris region if you are within 1 mile of the coastal mean high water line. also within 1 mile of the coastal mean high water line Risk Category I 147 mph Risk Category I 147 mph Category II A 159 mph ou are in a wind-borne debris region Risk Category II A 159 mph You are in a wind-borne debris region Risk Category III A 172 mph Risk Category III-IV A 172 mph If the structure under consideration is a healthcare facility and you are also within 1 mile of the coastal If the structure under consideration is a healthcare mean high water line,you are in a wind-borne debris facility and you are also within 1 mile of the coastal region If other occupancy,use the Risk Category II mean high water line,you are in a wind-borne basic wind speed contours to determine if you are in a debris region.If other occupancy,use the Risk wind-borne debris region. Category II basic wind speed contours to determine if you are in a wind-borne debris region. Risk Category IV A 180 mph You are in a wind-borne debris region The results indicated here DO NOT reflect any state or local amendments to the values or any delineation lines made during the building code adoption process.Users should confirm any output obtained from this tool with the local Authority Having Jurisdiction before proceeding with design. Please note that the ATC Hazards by Location website will not be updated to support ASCE 7-22.Find out why Disclaimer Hazard loads are interpolated from data provided in ASCE 7 and rounded up to the nearest whole integer. Per ASCE 7,islands and coastal areas outside the last contour should use the last wind speed contour of the coastal area—in some cases,this website will extrapolate past the last wind speed contour and therefore,provide a wind speed that is slightly higher.NOTE:For queries near wind-borne debris region boundaries,the resulting determination is sensitive to rounding which may affect whether or not it is considered to be within a wind-borne debris region. Mountainous terrain,gorges,ocean promontories,and special wind regions shall be examined for unusual wind conditions. While the information presented on this website is believed to be correct,ATC and its sponsors and contributors assume no responsibility or liability for its accuracy.The material rented in the report should not be used or relied upon for any specific application without competent examination and verification of its accuracy,suitability and applicability by leers or other licensed professionals.ATC does not intend that the use of this information replace the sound judgment of such competent professionals,having experience and 1175wledge in the field of practice,nor to substitute for the standard of care required of such professionals in interpreting and applying the results of the report provided by this website. Users of the information from this website assume all liability arising from such use.Use of the output of this website does not imply approval by the governing building code bodies responsible for building code approval and interpretation for the building site described by latitude/longitude location in the report. https://hazards.atcouncil.org/#/wind?rat=26.2958874&Ing=-81.7296689&address=13300 Valewood Dr%2C Naples%2C FL 34119%2C USA 1/1 Steel Poles with No Netting Panels Coastal - Quail Creek CC Steel Pole Design Pole Ht. 60 Ft. Wind Speed = 159 MPH Pole Spacing. : 50 Ft. Exposure = C B,C, or D Calc. Sht. 3 of ,T Pole Height = 60 Ft. Top of Net Height = 0 Ft. Bottom of Net Height = 0 Ft. Pole Spacing = 50 Ft. Net % Solid = 8 % Steel Yield Strength = 65 Ksi Governing Load Combination: ASCE 7-16, sec.2.3.1, item 4 Pr= 3.53 K, (assume entire weight on pole concentrated at mid-ht. -conservative) Mr= 1304 K-In. (moment due to wind, W.S. levels/.6) Pole Pipe Diameter, O.D. = 16 In. Pipe Wall Thickness = 0.312 In. Pr/Pc = 0.021 AISC H1-la N.A. AISC H1-lb 0.33 OK Pipe Properties O.D. = 16 LRFD Compression Members LRFD Bending Member Wall Thk. = 0.312 Slender Stiffened Elements Circular Section Steel Yield Strength = 65 Ksi Axially-Loaded Circular Section Xp= 31.2 I.D. = 15.376 In. L= 30 Ft. Xr= 138.3 A= 15.4 I n.^2 K= 2.1 Compact Mn = 4992 S = 59.2 In.^3 *KUr amplifier= 1 Noncompact Mn = 4548 Z = 76.8 In.^3 KUr= 144.2 Slender Wall Mn = 11039 I = 473 In.^4 Fy= 65 Ksi Mn = 4548 K-In. r= 5.55 In. E = 29000 Ksi $ = 0.9 Wt. = 52.3 Lbs./Ft. .11xE/Fy= 49.07692 Mc= 4Mn = 4093 K-In. D/t = 51.28 D/t = 51.28 WSD Information .45xE/Fy= 200.7692 Fv = 26 Ksi Q= Qa = 0.997267 Allow.Shear=Fv x A= 400 Kips 4.71 x(E/(QxFy)^.5 = 99.6 Fe = 13.77 Ksi Fcr-a = 9.04 Ksi Fcr-b= 12.08 Ksi Fcr= 12.08 Ksi Pn = 185.7 K = 0.9 Foundation Design Pc = 4Pn = 167.2 K Non-Constrained Foundation ? N Constrained Foundation ? Y Vw = 2.0 Kips Ht. to Vw = OTM/Vw = 32.3 Ft. Footing Diameter= 3.0 Ft. Footing Depth = 12.0 Ft. Allow. Soil Lateral Strength = 300 Pcf. Constrained, Soil Lateral Stress = 53 Pcf OK Constrain footing at the top with a concrete collar. Collar Size = 8 Ft., Square Collar Thickness = 18 In. Collar Reinf. = 8 #5 bars both ways Coastal- Quail Creek CC Pole Ht. : 60 Ft. Pole Spacing. : 50 Ft. Wind Speed= 159 MPH Calc. Sht. 4 of Exposure = C B,C, or D - Cf, pole = 0.8 Cf, net = 1.3 Pole,Cf x Weighted Tributary width = 1.07 Ft. Net,Cf x Weighted Tributary width = 5.06 Ft. Pole Net Ht. Vw OTM Ht.' LA Ht.' LA Kz qz Ft. K K-Ft Ft. Ft. Ft. Ft. Psf 0 15 0.73 5.5 15 7.5 0 0 0.849 46.7 15 20 0.25 4.4 5 17.5 0 0 0.877 48.2 20 25 0.27 6.0 5 22.5 0 0 0.925 50.9 25 30 0.28 7.6 5 27.5 0 0 0.964 53.1 30 40 0.58 20.4 10 35 0 0 1.015 55.8 40 60 1.25 62.7 20 50 0 0 1.094 60.2 60 80 0.00 0.0 0 0 0 0 0.000 0.0 80 100 0.00 0.0 0 0 0 0 0.000 0.0 100 120 0.00 0.0 0 0 0 0 0.000 0.0 120 160 0.00 0.0 0 0 0 0 0.000 0.0 160 200 0.00 0.0 0 0 0 0 0.000 0.0 Totals 3.36 106.5 108.63 <= includes M, P-A % increase for P-A= 1.98 Vws = 2.0 K Mws = 65 K-Ft P-A Calculations Approximate Deflections without P-A added A at Top= 0.721 Ft. A assumed at Mid-Ht= 0.361 Ft., conservative (A at Top/2) Assumed lateral displacement of footing at ground surface= 0.50 In. Assumed depth to point of footing rotation = 8.00 Ft. A from footing rotation at mid-ht of pole = 0.35 Ft. Wt. of Pole = 2.95 K M, P-A= 2.11 K-Ft. Coastal - Quail Creek CC Determination of the Frequency of the Pole Pole Ht. 60 Ft. Wt of net = 0.025 Psf Pole Spacing. : 50 Ft. Wt of cable = 0.205 Lbs./Ft. Calc. Sht. 5 of No. of cables 4 Tributary width of net= 50 Ft. (pole spacing) Ht. of Pole = 60 Ft. Determination of the Velocity Pressure, qz Ht. of Net = 0 Ft. qz= .00256 x Kz x Kzt x Kd x V^2 Total Wt. = 2946 Lbs. a= 9.5 Total Mass = 7.6 Blobs zg = 900 les = 396 In.^4 z= Ht. In Ft. where qz is to be determined Natural Frequency= 1.125 hz. ASCE 7-16, C26.11, pg.753 Kz= 2.01 x (z/zg)^(2/a) Period = 0.89 sec. K1 = 0 Determination of the Gust Factor K2 = 1 Exposure = C B,C, or D K3 = 1 gQ = 3.4 Kzt = 1 gv = 3.4 Kd = 0.85 Natural Frequency=n1 = 1.125 hz. V= 159 MPH gr= 4.217 1 = 500 e bar= 0.2 Determination of the Force Coefficient, Cf .6xh = 36 Ft. Enet = 8 % z min = 15 Ft. Epole = 2.667 % z bar= 36 Ft. Cf net = 1.3 b bar= 0.65 Cf pole = 0.8 a bar= 0.1538 c = 0.2 Lz= 508.8 V= 159 MPH Vz bar= 119.0 Ft./sec. N1 = 4.811 Rn = 0.051999 h = 60 Ft. B= 50 Ft. 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Quail Creek Country Club 13300 Valewood Drive Lat.: 26.29589 Degrees Naples, Florida 34119 Long.: -81.7297 Degrees Coastal Netting May 17, 2024 Calc. Sht. 9 of Project No. 24973 CODE: 2023 Florida Building Code NOTE: This design is for the netting support poles and foundations only. The design of the netting and its attachment is by others. All structural design not specifically shown below is by others. ALLOW. SOIL BEARING PRESSURE See FBC, Table 1806.2, Class of Mat'I No. 4 Lateral bearing pressure = 150 pcf (+ 2x increase per FBC sec. 1806.3.4) WIND LOAD: Occupacy Category: II Basic Wind Speed: 115 MPH Exposure: C Steel Pole Design Coastal- Quail Creek CC Wind Speed= 115 MPH Pole Ht. : 60 Ft. Exposure = C B,C, or D Calc Spacing. : 50 Ft. Calc. Sht. 10 of Pole Height = 60 Ft. Top of Net Height= 60 Ft. Bottom of Net Height = 0 Ft. Pole Spacing = 50 Ft. Net % Solid= 8 % Steel Yield Strength = 65 Ksi Governing Load Combination: ASCE 7-16, sec.2.3.1, item 4 Pr= 3.53 K, (assume entire weight on pole concentrated at mid-ht. -conservative) Mr= 3691 K-In. (moment due to wind, W.S. levels/.6) I Pole Pipe Diameter, O.D. = 16 In. Pipe Wall Thickness = 0.312 In. Pr/Pc = 0.021 AISC H1-la N.A. AISC H1-lb 0.91 OK Pipe Properties O.D. = 16 LRFD Compression Members LRFD Bending Member Wall Thk. = 0.312 Slender Stiffened Elements Circular Section Steel Yield Strength = 65 Ksi Axially-Loaded Circular Section Xp= 31.2 I.D. = 15.376 In. L= 30 Ft. Xr= 138.3 A= 15.4 In.^2 K= 2.1 Compact Mn = 4992 S= 59.2 In.^3 *KUr amplifier= 1 Noncompact Mn= 4548 Z = 76.8 In.^3 KUr= 144.2 Slender Wall Mn = 11039 I = 473 I n.^4 Fy= 65 Ksi Mn = 4548 K-I n. _ r= 5.55 In. E = 29000 Ksi 4) = 0.9 Wt. = 52.3 Lbs./Ft. .11xE/Fy= 49.07692 Mc=4Mn = 4093 K-In. D/t = 51.28 D/t = 51.28 WSD Information .45xE/Fy= 200.7692 Fv= 26 Ksi Q= Qa = 0.997267 _ Allow.Shear=Fv x A= 400 Kips 4.71 x(E/(QxFy)^.5 = 99.6 Fe = 13.77 Ksi Fcr-a = 9.04 Ksi Fcr-b= 12.08 Ksi Fcr= 12.08 Ksi Pn = 185.7 K $ = 0.9 Foundation Design Pc = 4Pn = 167.2 K Non-Constrained Foundation ? N Constrained Foundation ? V Vw = 5.7 Kips Ht. to Vw = OTM/Vw = 32.1 Ft. Footing Diameter= 3.0 Ft. Footing Depth = 12.0 Ft. Allow. Soil Lateral Strength = 300 Pcf. Constrained, Soil Lateral Stress = 151 Pcf OK Constrain footing at the top with a concrete collar. Collar Size = 8 Ft., Square Collar Thickness = 18 In. Collar Reinf. = 8 #5 bars both ways Coastal- Quail Creek CC Pole Ht. : 60 Ft. Wind Speed = 115 MPH Pole Spacing. : 50 Ft. Calc. Sht. 11 of Exposure = C B,C or D Cf, pole = 0.8 Cf, net = 1.3 Pole,Cf x Weighted Tributary width = 1.07 Ft. _ Net,Cf x Weighted Tributary width = 5.06 Ft. Pole Net Ht. Vw OTM Ht.' LA Ht.' LA Kz qz Ft. K K-Ft Ft. Ft. Ft. Ft. Psf 0 15 2.08 15.6 15 7.5 15 7.5 0.849 24.4 15 20 0.72 12.5 5 17.5 5 17.5 0.877 25.2 20 25 0.76 17.0 5 22.5 5 22.5 0.925 26.6 25 30 0.79 21.7 5 27.5 5 27.5 0.964 27.8 30 40 1.66 58.0 10 35 10 35 1.015 29.2 40 60 3.57 178.7 20 50 20 50 1.094 31.5 60 80 0.00 0.0 0 0 0 0 0.000 0.0 80 100 0.00 0.0 0 0 0 0 0.000 0.0 100 120 0.00 0.0 0 0 0 0 0.000 0.0 120 160 0.00 0.0 0 0 0 0 0.000 0.0 160 200 0.00 0.0 0 0 0 0 0.000 0.0 Totals 9.57 303.5 307.59 <= includes M, P-A % increase for P-A= 1.34 % Vws = 5.7 K Mws = 185 K-Ft P-A Calculations Approximate Deflections without P-A added A at Top= 2.055 Ft. A assumed at Mid-Ht= 1.027 Ft., conservative (A at Top/2) Assumed lateral displacement of footing at ground surface= 0.50 In. Assumed depth to point of footing rotation = 8.00 Ft. A from footing rotation at mid-ht of pole = 0.35 Ft. Wt. of Pole = 2.95 K M, P-A= 4.07 K-Ft. Coastal - Quail Creek CC Determination of the Frequency of the Pole Pole Ht. : 60 Ft. Wt of net = 0.025 Psf Pole Spacing. : 50 Ft. Wt of cable = 0.205 Lbs./Ft. Calc. Sht. 12 of No. of cables 4 Tributary width of net= 50 Ft. (pole spacing) Ht. of Pole = 60 Ft. Determination of the Velocity Pressure, qz Ht. of Net = 60 Ft. qz= .00256 x Kz x Kzt x Kd x VA2 Total Wt. = 2946 Lbs. a= 9.5 Total Mass = 7.6 Blobs zg = 900 les = 396 In.^4 z= Ht. In Ft. where qz is to be determined Natural Frequency= 1.125 hz. ASCE 7-16, C26.11, pg.753 Kz= 2.01 x (z/zg)^(2/a) Period = 0.89 sec. K1 = 0 Determination of the Gust Factor K2 = 1 Exposure = C B,C, or D K3 = 1 gQ = 3.4 Kzt = 1 gv = 3.4 Kd = 0.85 Natural Frequency=n1 = 1.125 hz. V= 115 MPH gr= 4.217 1 = 500 e bar= 0.2 Determination of the Force Coefficient, Cf .6xh = 36 Ft. Enet = 8 % z min = 15 Ft. Epole = 2.667 % z bar= 36 Ft. Cf net = 1.3 b bar= 0.65 Cf pole = 0.8 a bar= 0.1538 c = 0.2 Lz= 508.8 V= 115 MPH Vz bar= 86.1 Ft./sec. N1 = 6.651 Rn= 0.042283 h = 60 Ft. B= 50 Ft. L= 1.333333 Ft. nh= 3.608147 nB= 3.006789 nL= 0.268432 Rh = 0.238773 RB= 0.277411 RI = 0.842701 R = 2 % 0.02 R = 0.360118 Q = 0.898008 Iz= 0.19712 I Gf= 0.92647 a) C U — E C.) x 8 Y .) N a) O N a) > V U gx °�). - - 0 Y o N I LL Q P. � � pl`i61; itYY �N ✓ (i) x � 0 2 � LUCC) 0100 U N 0 () x O ., . 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Quail Creek Country Club 13300 Valewood Drive Longitude: 26.29589 Degrees Naples, Florida 34119 Latitude: -81.7297 Degrees Coastal Netting May 17, 2024 Calc. Sht. 16 of Project No. 24973 CODE: 2023 Florida Building Code NOTE: This design is for the netting support poles and foundations only. The design of the netting and its attachment is by others. All structural design not specifically shown below is by others. ALLOW. SOIL BEARING PRESSURE See FBC, Table 1806.2, Class of Mat'I No. 4 Lateral bearing pressure = 150 pcf (+ 2x increase per FBC sec. 1806.3.4) WIND LOAD: Occupacy Category: II Basic Wind Speed: 159 MPH Exposure: C DESIGN BASIS FOR WIND LOADS ON THE PROPOSED STRUCTURE: This errant ball containment fence structure is designed to allow the supported nets to release ("break away")from the supporting cables under unusually high wind load conditions. The design release wind speed is 115 mph (3SU700). With winds of or near this speed, the netting top and side connections will release and the net will drop to the ground. The bottom connection is designed to keep the net securely attached to the bottom cable. This is to keep the net on site during unusually high winds. Therefore the support poles and foundations are designed for the following two conditions: 1. Wind Speed: 159 mph Wind Exposure Category: C Height of netting on poles: Pole Base to +0.0' 2. Wind Speed: 115 mph Wind Exposure Category: C Height of netting on poles: Full Ht., from pole base to top of pole. The second condition represents the design condition with the nets fully attached to the supporting structure and typical light to moderately strong wind loads. The first condition represents the design condition with the nets released from the supporting structure (as described above) under usually high (hurricane) wind loads. Steel Poles with No Netting Panels Coastal - Quail Creek CC Steel Pole Design Pole Ht. 40 Ft. Wind Speed = 159 MPH Pole Spacing. : 50 Ft. Exposure = C B,C, or D Calc. Sht. 17 of Pole Height = 40 Ft. Top of Net Height = 0 Ft. Bottom of Net Height = 0 Ft. Pole Spacing = 50 Ft. Net % Solid = 8 % Steel Yield Strength = 65 Ksi Governing Load Combination: ASCE 7-16 sec.2.3.1, item 4 Pr= 1.45 K, (assume entire weight on pole concentrated at mid-ht. -conservative) Mr= 337 K-In. (moment due to wind, W.S. levels/.6) Pole Pipe Diameter, O.D. = 10.75 In. Pipe Wall Thickness = 0.252 In. Pr/Pc = 0.014 AISC H1-la N.A. AISC H1-lb 0.23 OK Pipe Properties O.D. = 10.75 LRFD Compression Members LRFD Bending Member Wall Thk. = 0.252 Slender Stiffened Elements Circular Section Steel Yield Strength = 65 Ksi Axially-Loaded Circular Section Xp= 31.2 I.D. = 10.246 In. L= 20 Ft. = 138.3 A= 8.3 In.^2 K= 2.1 Compact Mn = 1806 S = 21.3 In."3 *KUr amplifier= 1 Noncompact Mn = 1690 Z = 27.8 In.^3 KUr= 135.8 Slender Wall Mn= 4781 I = 115 In.^4 Fy= 65 Ksi Mn= 1690 K-In. r= 3.71 In. E = 29000 Ksi = 0.9 Wt. = 28.3 Lbs./Ft. .11xE/Fy= 49.07692 Mc= (I)Mn= 1521 K-In. D/t = 42.66 D/t = 42.66 WSD Information .45xE/Fy= 200.7692 Fv = 26 Ksi Q= Qa = 1 _.-._. Allow.Shear=Fv x A= 216 Kips 4.71 x(E/(QxFy)^.5 = 99.5 Fe = 15.53 Ksi Fcr-a = 11.28 Ksi Fcr-b= 13.62 Ksi Fcr= 13.62 Ksi Pn = 113.2 K = 0.9 Pc = (I)Pn = 101.9 K Foundation Design Non-Constrained Foundation ? Y Constrained Foundation ? N Vw = 0.8 Kips Ht. to Vw = OTM/Vw = 20.8 Ft. Footing Diameter= 2.0 Ft. Footing Depth = 12.5 Ft. Allow. Soil Lateral Strength= 300 Pcf. Non-Constrained, Soil Lateral Stress = 53 Pcf OK Coastal - Quail Creek CC Pole Ht. : 40 Ft. Pole Spacing. : 50 Ft. Wind Speed = 159 MPH Calc. Sht. 18 of Exposure = C B,C, or D Cf, pole = 0.8 Cf, net = 1.3 Pole,Cf x Weighted Tributary width = 0.72 Ft. Net,Cf x Weighted Tributary width = 5.11 Ft. Pole Net Ht. Vw OTM Ht.' LA Ht.' LA Kz qz Ft. K K-Ft Ft. Ft. Ft. Ft. Psf 0 15 0.47 3.5 15 7.5 0 0 0.849 46.7 15 20 0.16 2.8 5 17.5 0 0 0.877 48.2 20 25 0.17 3.8 5 22.5 0 0 0.925 50.9 25 30 0.18 4.9 5 27.5 0 0 0.964 53.1 30 40 0.37 13.1 10 35 0 0 1.015 55.8 40 60 0.00 0.0 0 0 0 0 0.000 0.0 60 80 0.00 0.0 0 0 0 0 0.000 0.0 80 100 0.00 0.0 0 0 0 0 0.000 0.0 100 120 0.00 0.0 0 0 0 0 0.000 0.0 120 160 0.00 0.0 0 0 0 0 0.000 0.0 160 200 0.00 0.0 0 0 0 0 0.000 0.0 Totals 1.35 28.1 28.1 Vws = 0.8 K Mws = 17 K-Ft Coastal- Quail Creek CC Determination of the Frequency of the Pole Pole Ht. : 40 Ft. Wt of net = 0.025 Psf Pole Spacing. : 50 Ft. Wt of cable = 0.205 Lbs./Ft. Calc. Sht. 19 of No. of cables 3 Tributary width of net= 50 Ft. (pole spacing) Ht. of Pole = 40 Ft. Determination of the Velocity Pressure, qz Ht. of Net = 0 Ft. qz= .00256 x Kz x Kzt x Kd x VA2 Total Wt. = 1211 Lbs. a= 9.5 Total Mass = 3.1 Blobs zg = 900 les = 115 In.^4 z= Ht. In Ft. where qz is to be determined Natural Frequency= 1.734 hz. ASCE 7-16, C26.11, pg.753 Kz= 2.01 x (z/zg)^(2/a) Period = 0.58 sec. K1 = 0 Determination of the Gust Factor K2 = 1 Exposure = C B,C, or D K3 = 1 gQ = 3.4 Kzt = 1 gv = 3.4 Kd= 0.85 Natural Frequency=n1 = 1.734 hz. V= 159 MPH gr= 4.319 1 = 500 e bar= 0.2 Determination of the Force Coefficient, Cf .6xh = 24 Ft. Enet = 8 % z min = 15 Ft. Epole = 1.792 % z bar= 24 Ft. Cf net = 1.3 b bar= 0.65 Cf pole = 0.8 a bar= 0.1538 c = 0.2 Lz= 469.1 V= 159 MPH Vz bar= 111.8 Ft./sec. N1 = 7.275 Rn = 0.039912 h = 40 Ft. B= 50 Ft. L= 0.895833 Ft. nh = 2.853293 nB= 3.566617 nL= 0.213932 Rh = 0.289261 RB= 0.241103 RI = 0.871418 R = 2 % 0.02 R = 0.361616 Q = 0.904382 lz= 0.210904 Gf= 0.93229 Golfball Netting Barrier Pole Ht: 40 Ft. Quail Creek Country Club 13300 Valewood Drive Longitude: 26.29589 Degrees Naples, Florida 34119 Latitude: -81.7297 Degrees Coastal Netting May 17, 2024 Calc. Sht. 20 of Project No. 24973 CODE: 2023 Florida Building Code NOTE: This design is for the netting support poles and foundations only. The design of the netting and its attachment is by others. All structural design not specifically shown below is by others. ALLOW. SOIL BEARING PRESSURE See FBC, Table 1806.2, Class of Mat'I No. 4 Lateral bearing pressure = 150 pcf (+ 2x increase per FBC sec. 1806.3.4) WIND LOAD: Occupacy Category: II Basic Wind Speed: 115 MPH Exposure: C Coastal- Quail Creek CC Steel Pole Design Pole Ht. : 40 Ft. Wind Speed = 115 MPH Pole Spacing. : 50 Ft. Exposure = C B,C, or D Calc. Sht. 21 of Pole Height = 40 Ft. Top of Net Height = 40 Ft. Bottom of Net Height = 0 Ft. Pole Spacing = 50 Ft. Net %Solid = 8 % Steel Yield Strength = 65 Ksi Governing Load Combination: ASCE 7-16 sec.2.3.1, item 4 Pr= 1.45 K, (assume entire weight on pole concentrated at mid-ht. -conservative) Mr= 1387 K-In. (moment due to wind, W.S. levels/.6) 7 Pole Pipe Diameter, O.D. = 10.75 In. Pipe Wall Thickness = 0.252 In. Pr/Pc = 0.014 AISC H1-la N.A. AISC H1-lb 0.92 OK Pipe Properties O.D. = 10.75 LRFD Compression Members LRFD Bending Member Wall Thk. = 0.252 Slender Stiffened Elements Circular Section Steel Yield Strength = 65 Ksi Axially-Loaded Circular Section 7p= 31.2 I.D. = 10.246 In. L= 20 Ft. V= 138.3 A= 8.3 In.^2 K= 2.1 Compact Mn = 1806 S = 21.3 In.^3 *KL/r amplifier= 1 Noncompact Mn = 1690 Z= 27.8 In.^3 KL/r= 135.8 Slender Wall Mn = 4781 I = 115 In.^4 Fy= 65 Ksi Mn = 1690 K-In. r= 3.71 In. E = 29000 Ksi = 0.9 Wt. = 28.3 Lbs./Ft. .11xE/Fy= 49.07692 Mc= (I)Mn = 1521 K-In. D/t = 42.66 D/t = 42.66 WSD Information .45xE/Fy= 200.7692 _..__.. Fv = 26 Ksi Q= Qa = 1 _._._. Allow.Shear=Fv x A= 216 Kips 4.71 x(E/(QxFy)^.5 = 99.5 .._._ Fe = 15.53 Ksi Fcr-a = 11.28 Ksi Fcr-b= 13.62 Ksi Fcr= 13.62 Ksi Pn = 113.2 K (I) = 0.9 Pc = (I)Pn = 101.9 K Foundation Design Non-Constrained Foundation ? Y Constrained Foundation ? N Vw = 3.3 Kips Ht. to Vw = OTM/Vw = 20.8 Ft. Footing Diameter= 2.0 Ft. Footing Depth = 12.5 Ft. Allow. Soil Lateral Strength = 300 Pcf. Non-Constrained, Soil Lateral Stress = 219 Pcf OK Coastal - Quail Creek CC Pole Ht. : 40 Ft. Pole Spacing. : 50 Ft. Wind Speed = 115 MPH Calc. Sht. 22 of Exposure = C B,C, or D Cf, pole = 0.8 Cf, net = 1.3 Pole,Cf x Weighted Tributary width = 0.72 Ft. Net,Cf x Weighted Tributary width = 5.11 Ft. Pole Net Ht. Vw OTM Ht.' LA Ht.' LA Kz qz Ft. K K-Ft Ft. Ft. Ft. Ft. Psf 0 15 1.93 14.4 15 7.5 15 7.5 0.849 24.4 15 20 0.66 11.6 5 17.5 5 17.5 0.877 25.2 20 25 0.70 15.7 5 22.5 5 22.5 0.925 26.6 25 30 0.73 20.1 5 27.5 5 27.5 0.964 27.8 30 40 1.54 53.7 10 35 10 35 1.015 29.2 40 60 0.00 0.0 0 0 0 0 0.000 0.0 60 80 0.00 0.0 0 0 0 0 0.000 0.0 80 100 0.00 0.0 0 0 0 0 0.000 0.0 100 120 0.00 0.0 0 0 0 0 0.000 0.0 120 160 0.00 0.0 0 0 0 0 0.000 0.0 160 200 0.00 0.0 0 0 0 0 0.000 0.0 Totals 5.55 115.6 115.6 Vws = 3.3 K Mws = 69 K-Ft Coastal - Quail Creek CC Determination of the Frequency of the Pole Pole Ht. 40 Ft. Wt of net = 0.025 Psf Pole Spacing. : 50 Ft. Wt of cable= 0.205 Lbs./Ft. Calc. Sht. 23 of No. of cables 3 Tributary width of net= 50 Ft. (pole spacing) Ht. of Pole = 40 Ft. Determination of the Velocity Pressure, qz Ht. of Net = 40 Ft. qz= .00256 x Kz x Kzt x Kd x V^2 Total Wt. = 1211 Lbs. a= 9.5 Total Mass = 3.1 Blobs zg = 900 les = 115 In.^4 z= Ht. In Ft. where qz is to be determined Natural Frequency= 1.734 hz. ASCE 7-16, C26.11, pg.753 Kz= 2.01 x (z/zg)^(2/a) Period = 0.58 sec. K1 = 0 Determination of the Gust Factor K2 = 1 Exposure = C B,C, or D K3 = 1 gQ= 3.4 Kzt = 1 gv = 3.4 Kd = 0.85 Natural Frequency=n1 = 1.734 hz. V= 115 MPH gr= 4.319 1 = 500 e bar= 0.2 Determination of the Force Coefficient, Cf .6 x h = 24 Ft. Enet = 8 % zmin = 15 Ft. Epole = 1.792 % z bar= 24 Ft. Cf net = 1.3 b bar= 0.65 Cf pole = 0.8 a bar= 0.1538 c = 0.2 Lz= 469.1 V= 115 MPH _. Vz bar= 80.9 Ft./sec. N1 = 10.059 Rn = 0.032355 h = 40 Ft. B= 50 Ft. L= 0.895833 Ft. nh = 3.944988 nB= 4.931235 nL= 0.295785 Rh = 0.221371 RB= 0.182228 RI = 0.828837 R = 2 % 0.02 R = 0.244971 Q = 0.904382 Iz= 0.210904 Gf= 0.90285 Golfball Netting Barrier Pole Ht: 20 Ft. Quail Creek Country Club 13300 Valewood Drive Longitude: 26.29589 Degrees Naples, Florida 34119 Latitude: -81.7297 Degrees Coastal Netting May 17, 2024 Calc. Sht. 24 of Project No. 24973 CODE: 2023 Florida Building Code NOTE: This design is for the netting support poles and foundations only. The design of the netting and its attachment is by others. All structural design not specifically shown below is by others. ALLOW. SOIL BEARING PRESSURE See FBC, Table 1806.2, Class of Mat'I No. 4 Lateral bearing pressure = 150 pcf (+ 2x increase per FBC sec. 1806.3.4) WIND LOAD: Occupacy Category: II Basic Wind Speed: 159 MPH Exposure: C DESIGN BASIS FOR WIND LOADS ON THE PROPOSED STRUCTURE: This errant ball containment fence structure is designed to allow the supported nets to release ("break away") from the supporting cables under unusually high wind load conditions. The design release wind speed is 115 mph (3SU700). With winds of or near this speed, the netting top and side connections will release and the net will drop to the ground. The bottom connection is designed to keep the net securely attached to the bottom cable. This is to keep the net on site during unusually high winds. Therefore the support poles and foundations are designed for the following two conditions: 1. Wind Speed: 159 mph Wind Exposure Category: C Height of netting on poles: Pole Base to +0.0' 2. Wind Speed: 115 mph Wind Exposure Category: C Height of netting on poles: Full Ht., from pole base to top of pole. The second condition represents the design condition with the nets fully attached to the supporting structure and typical light to moderately strong wind loads. The first condition represents the design condition with the nets released from the supporting structure (as described above) under usually high (hurricane) wind loads. Steel Poles with No Netting Panels Coastal - Quail Creek CC Steel Pole Design Pole Ht. 20 Ft. Wind Speed = 159 MPH Pole Spacing. : 50 Ft. Exposure = C B,C, or D Calc. Sht. 25 of Pole Height = 20 Ft. Top of Net Height = 0 Ft. Bottom of Net Height = 0 Ft. Pole Spacing = 50 Ft. Net % Solid = 8 % Steel Yield Strength = 57 Ksi Governing Load Combination: ASCE 7-16 sec.2.3.1, item 4 Pr= 0.53 K, (assume entire weight on pole concentrated at mid-ht. -conservative) Mr= 58 K-In. (moment due to wind, W.S. levels/.6) Pole Pipe Diameter, O.D. = 8.625 In. Pipe Wall Thickness = 0.221 In. Pr/Pc = 0.003 AISC H1-la N.A. AISC H1-lb 0.08 OK Pipe Properties O.D. = 8.625 LRFD Compression Members LRFD Bending Member Wall Thk. = 0.221 Slender Stiffened Elements Circular Section Steel Yield Strength = 57 Ksi Axially-Loaded Circular Section AID= 35.6 I.D. = 8.183 In. L= 10 Ft. = 157.7 A= 5.8 In.^2 K= 2.1 Compact Mn = 890 S = 12.0 In.^3 *KUr amplifier= 1 Noncompact Mn = 868 Z = 15.6 In.^3 KUr= 84.8 Slender Wall Mn = 2931 I = 52 In.^4 Fy= 57 Ksi Mn= 868 K-In. r= 2.97 In. E = 29000 Ksi = 0.9 Wt. = 19.8 Lbs./Ft. .11xE/Fy= 55.96491 Mc= 4Mn = 781 K-In. D/t = 39.03 D/t = 39.03 WSD Information .45xE/Fy= 228.9474 Fv = 22.8 Ksi Q= Qa = 1 Allow.Shear=Fv x A= 133 Kips 4.71 x(E/(QxFy)^.5 = 106.2 Fe = 39.82 Ksi Fcr-a = 31.31 Ksi Fcr-b= 34.92 Ksi Fcr= 31.31 Ksi Pn = 182.7 K t = 0.9 Pc = (1)Pn = 164.4 K Foundation Design Non-Constrained Foundation ? Y Constrained Foundation ? N Vw = 0.3 Kips Ht. to Vw = OTM/Vw = 10.1 Ft. Footing Diameter= 2.0 Ft. _. Footing Depth = 7.5 Ft. Allow. Soil Lateral Strength = 300 Pcf. Non-Constrained, Soil Lateral Stress = 44 Pcf OK Coastal - Quail Creek CC Pole Ht. : 20 Ft. Pole Spacing. : 50 Ft. Wind Speed = 159 MPH Calc. Sht. 26 of Exposure = C B,C, or D Cf, pole = 0.8 Cf, net = 1.3 Pole,Cf x Weighted Tributary width = 0.58 Ft. Net,Cf x Weighted Tributary width = 5.13 Ft. Pole Net Ht. Vw OTM Ht.' LA Ht.' LA Kz qz Ft. K K-Ft Ft. Ft. Ft. Ft. Psf 0 15 0.36 2.7 15 7.5 0 0 0.849 46.7 15 20 0.12 2.1 5 17.5 0 0 0.877 48.2 20 25 0.00 0.0 0 0 0 0 0.000 0.0 25 30 0.00 0.0 0 0 0 0 0.000 0.0 30 40 0.00 0.0 0 0 0 0 0.000 0.0 40 60 0.00 0.0 0 0 0 0 0.000 0.0 60 80 0.00 0.0 0 0 0 0 0.000 0.0 80 100 0.00 0.0 0 0 0 0 0.000 0.0 100 120 0.00 0.0 0 0 0 0 0.000 0.0 120 160 0.00 0.0 0 0 0 0 0.000 0.0 160 200 0.00 0.0 0 0 0 0 0.000 0.0 Totals 0.48 4.8 4.8 Vws = 0.3 K Mws = 3 K-Ft Coastal - Quail Creek CC Determination of the Frequency of the Pole Pole Ht. 20 Ft. Wt of net = 0.025 Psf Pole Spacing. 50 Ft. Wt of cable = 0.205 Lbs./Ft. Calc. Sht. 27 of No. of cables 2 Tributary width of net= 50 Ft. (pole spacing) Ht. of Pole = 20 Ft. Determination of the Velocity Pressure, qz Ht. of Net = 0 Ft. qz= .00256 x Kz x Kzt x Kd x VA2 Total Wt. = 442 Lbs. a= 9.5 Total Mass = 1.1 Blobs zg = 900 les = 52 In.^4 z= Ht. In Ft. where qz is to be determined Natural Frequency= 5.443 hz. ASCE 7-16, C26.11, pg.753 Kz= 2.01 x (z/zg)^(2/0) Period = 0.18 sec. K1 = 0 Determination of the Gust Factor K2 = 1 Exposure = C B,C, or D K3 = 1 gQ = 3.4 Kzt = 1 gv = 3.4 Kd = 0.85 Natural Frequency=n1 = 5.443 hz. V= 159 MPH gr= 4.576 1 = 500 e bar= 0.2 Determination of the Force Coefficient, Cf .6xh = 12 Ft. Enet = 8 % zmin = 15 Ft. Epole = 1.438 % z bar= 15 Ft. Cf net = 1.3 b bar= 0.65 Cf pole = 0.8 a bar= 0.1538 c = 0.2 Lz= 427.1 V= 159 MPH Vz bar= 104.0 Ft./sec. N1 = 22.350 Rn = 0.019169 h = 20 Ft. B= 50 Ft. L= 0.71875 Ft. nh = 4.814867 nB= 12.03717 nL= 0.579289 Rh = 0.186124 RB= 0.079625 RI = 0.70403 13 = 2 % 0.02 R = 0.110582 Q = 0.912253 Iz= 0.228093 Gf= 0.88519 Golfball Netting Barrier Pole Ht: 20 Ft. Quail Creek Country Club 13300 Valewood Drive Longitude: 26.29589 Degrees Naples, Florida 34119 Latitude: -81.7297 Degrees Coastal Netting May 17, 2024 Calc. Sht. _ 28 of Project No. 24973 CODE: 2023 Florida Building Code NOTE: This design is for the netting support poles and foundations only. The design of the netting and its attachment is by others. All structural design not specifically shown below is by others. ALLOW. SOIL BEARING PRESSURE See FBC, Table 1806.2, Class of Mat'I No. 4 Lateral bearing pressure = 150 pcf (+ 2x increase per FBC sec. 1806.3.4) WIND LOAD: Occupacy Category: II Basic Wind Speed: 115 MPH Exposure: C Coastal - Quail Creek CC Steel Pole Design Pole Ht. 20 Ft. Wind Speed = 115 MPH Pole Spacing. : 50 Ft. Exposure = C B,C, or D Calc. Sht. 29 of Pole Height = 20 Ft. Top of Net Height = 20 Ft. Bottom of Net Height = 0 Ft. Pole Spacing= 50 Ft. Net % Solid = 8 % Steel Yield Strength = 57 Ksi Governing Load Combination: ASCE 7-16 sec.2.3.1, item 4 Pr= 0.53 K, (assume entire weight on pole concentrated at mid-ht. -conservative) Mr= 299 K-In. (moment due to wind, W.S. levels/.6) Pole Pipe Diameter, O.D. = 8.625 In. Pipe Wall Thickness = 0.221 In. Pr/Pc = 0.003 AISC H1-la N.A. AISC H1-lb 0.38 OK Pipe Properties O.D. = 8.625 LRFD Compression Members LRFD Bending Member Wall Thk. = 0.221 Slender Stiffened Elements Circular Section Steel Yield Strength = 57 Ksi Axially-Loaded Circular Section 2p= 35.6 I.D. = 8.183 In. L= 10 Ft. Xr= 157.7 A= 5.8 I n.^2 K= 2.1 Compact Mn = 890 S = 12.0 In.^3 *KL/r amplifier= 1 Noncompact Mn = 868 Z = 15.6 In.^3 KL/r= 84.8 Slender Wall Mn = 2931 I = 52 In."4 Fy= 57 Ksi Mn = 868 K-In. r= 2.97 In. E = 29000 Ksi = 0.9 Wt. = 19.8 Lbs./Ft. .11xE/Fy= 55.96491 Mc= (1)Mn = 781 K-In. D/t = 39.03 D/t = 39.03 WSD Information .45xE/Fy= 228.9474 Fv = 22.8 Ksi Q= Qa = 1 Allow.Shear=Fv x A= 133 Kips 4.71 x(E/(QxFy)^.5 = 106.2 Fe = 39.82 Ksi Fcr-a = 31.31 Ksi Fcr-b= 34.92 Ksi Fcr= 31.31 Ksi Pn = 182.7 K = 0.9 Pc = (I)Pn = 164.4 K Foundation Design Non-Constrained Foundation ? Y Constrained Foundation ? N Vw = 1.5 Kips Ht. to Vw = OTM/Vw = 10.1 Ft. Footing Diameter= 2.0 Ft. Footing Depth = 7.5 Ft. Allow. Soil Lateral Strength = 300 Pcf. Non-Constrained, Soil Lateral Stress = 228 Pcf OK Coastal - Quail Creek CC Pole Ht. : 20 Ft. Pole Spacing. : 50 Ft. Wind Speed = 115 MPH Calc. Sht. 30 of Exposure = C B,C, or D Cf, pole = 0.8 Cf, net = 1.3 Pole,Cf x Weighted Tributary width= 0.58 Ft. Net,Cf x Weighted Tributary width = 5.13 Ft. Pole Net Ht. Vw OTM Ht.' LA Ht.' LA Kz qz Ft. K K-Ft Ft. Ft. Ft. Ft. Psf 0 15 1.84 13.8 15 7.5 15 7.5 0.849 24.4 15 20 0.63 11.1 5 17.5 5 17.5 0.877 25.2 20 25 0.00 0.0 0 0 0 0 0.000 0.0 25 30 0.00 0.0 0 0 0 0 0.000 0.0 30 40 0.00 0.0 0 0 0 0 0.000 0.0 40 60 0.00 0.0 0 0 0 0 0.000 0.0 60 80 0.00 0.0 0 0 0 0 0.000 0.0 80 100 0.00 0.0 0 0 0 0 0.000 0.0 100 120 0.00 0.0 0 0 0 0 0.000 0.0 120 160 0.00 0.0 0 0 0 0 0.000 0.0 160 200 0.00 0.0 0 0 0 0 0.000 0.0 Totals 2.48 24.9 24.9 Vws = 1.5 K Mws = 15 K-Ft Coastal- Quail Creek CC Determination of the Frequency of the Pole Pole Ht. 20 Ft. Wt of net = 0.025 Psf Pole Spacing. 50 Ft. Wt of cable = 0.205 Lbs./Ft. Calc. Sht. 31 of No. of cables 2 Tributary width of net= 50 Ft. (pole spacing) Ht. of Pole = 20 Ft. Determination of the Velocity Pressure, qz Ht. of Net = 20 Ft. qz= .00256 x Kz x Kzt x Kd x VA2 Total Wt. = 442 Lbs. a= 9.5 Total Mass = 1.1 Blobs zg = 900 les = 52 In.^4 z= Ht. In Ft. where qz is to be determined Natural Frequency= 5.443 hz. ASCE 7-16, C26.11, pg.753 Kz= 2.01 x (z/zg)^(2/0c) Period = 0.18 sec. K1 = 0 Determination of the Gust Factor K2 = 1 Exposure = C B,C, or D K3 = 1 gQ = 3.4 Kzt = 1 gv = 3.4 Kd = 0.85 Natural Frequency=n1 = 5.443 hz. V= 115 MPH gr= 4.576 I = 500 e bar= 0.2 Determination of the Force Coefficient, Cf .6xh = 12 Ft. Enet = 8 % zmin = 15 Ft. Epole = 1.438 % z bar= 15 Ft. Cf net = 1.3 b bar= 0.65 Cf pole = 0.8 a bar= 0.1538 c = 0.2 Lz= 427.1 V= 115 MPH _ Vz bar= 75.2 Ft./sec. N1 = 30.902 Rn= 0.015476 h= 20 Ft. B= 50 Ft. L= 0.71875 Ft. nh = 6.657076 nB= 16.64269 nL= 0.80093 Rh = 0.138934 RB= 0.058281 RI = 0.626185 R = 2 % 0.02 R = 0.071867 Q = 0.912253 Iz= 0.228093 Gf= 0.88153 COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT DEPARTMENT / BUILDING REVIEW & INSPECTION DIVISION 2800 N. Horseshoe Drive, Naples FL 34104 * Phone (239) 252-2428 Outstanding Corrections Date: June 28, 2024 PERMIT NO: PRFW2024052149401 Contact Name: Bettina Roedig APPLICATION NO: PRFW20240521494 Address: 4933 North Tamiami Trail JOB SITE ADDRESS: 13296 Valewood DR, (Cart Barn) , City, State Zip: Naples, FL 34103 Naples Email:bettina@dgarrettconstruction.com Dear Applicant: Plans submitted with the referenced permit have been reviewed. We are unable to approve your permit application for the reason(s) indicated below. For Applications Submitted through the GMD E-Permitting Portal: • Resubmittals must be submitted in the same session and the changes must be clouded. • Corrected documents must be submitted as complete files (with the corrected sheets replacing the rejected sheets). Submittals containing just the corrected sheets will be returned as Insufficient. • A written letter of response summarizing the changes made to address each correction comment must be included in your resubmittal. Failure to include a written letter of response will result in a rejection. • After your resubmittal is processed the documents will be reviewed again; additional deficiencies may be identified through this process. JOB DESCRIPTION: Construction of fencing for existing Driving Range 96 Valewood DR, (Cart Barn) , Naples Rejected Review: Planning Review Reviewed By: Christine Willoughby Phone:239-252-5748 Email:christine.willoughby@colliercountyfl.gov Correction Comment 1: Proposed fence exceeds maximum allowed height. Zoning Director has provided a determination that maximum height for structures within Golf Course Zoning is 35 feet. Fencing over 35 feet will require a variance." ATTENTION: Collier County Plan Review and Inspections routinely reviews all outstanding permit applications in order to determine their status. The review process includes appropriate responses from the permit applicant when the permit cannot be approved. When the applicant is advised of deficiencies and does not respond within 180 days with corrected plans or an appeal to the Code Enforcement Board, the permit application will become Void as per Collier County Ordinance 2002-01, Section, 104.5.1.1 to 104.5.1.4 (as amended). Permit Application Status PRFW20240521494 Summary O Application Number: PRFW20240521494 Application Type: Fence/Wall Application Status: Abandoned Property Owner's Full QUAIL CREEK COUNTRY CLUB INC Name: Category of Work: New Construction Occupancy Code: Utility, miscellaneous - Commercial & M/F Description of Work: Construction of fencing for existing Driving Range 13296 Valewood DR, (Cart Barn) , Naples Application Date: 05/23/2024 Expiration Date: 12/25/2024 1-2 Family or Comm: Commercial Locations 0 Contacts 0 Permits O(Click to See Reviews) Permit Number: PRFW2024052149401 O Permit Type: Fence Permit Status: Abandoned Date Issued: Expiration Date: 12/25/2024 1 Initial Submittal Status: Returned for Correction 0 Est. Review Type Outcome Completion Completed Date Q Final Type Review Complete 07/19/2024 06/28/2024 Reviewer: Angel Tarpley ((239) 252-5625) Send Email Q Planning Review Rejected 07/05/2024 06/28/2024 Reviewer: Christine Willoughby ((239) 252-5748) Send Email Correction 1 : Fence - Height Status: Outstanding Date Status 06/28/2024 Changed: Corrections: Comments: Proposed fence exceeds maximum allowed height. Zoning Director has provided a determination that maximum height for structures within Golf Course Zoning is 35 feet. Fencing over 35 feet will require a variance." C) Engineering Review Approved 07/05/2024 06/26/2024 Reviewer: Christian Mumme ((239) 252-1301) Send Email Q Structural Review Approved 07/05/2024 06/17/2024 Reviewer: Andrew Ewing ((239) 252-2400) Send Email 0 Fire Review Approved 07/05/2024 06/17/2024 Reviewer: Linda Naples ((239) 252-2311) Send Email 2 Re-Submittal Status: Pending O Est. Review Type Outcome Completion Completed Date There are no reviews associated with this application, or you are not authorized to view them. Fees 0 Deposits & Bonds 0 'nspections O Date Inspection Outcome Requested Scheduled Inspected 160 - Fence Final Building Inactive Activity 01/25/2025 Inspector: cvmanager 161 - Fence Footing Inactive Activity 01/25/2025 Inspector: cvmanager Conditions O • Guidelines For Electronically Submitting Documents: Condition Status ' Category Clearing Restrictions Inactive Department: Environmental Services Expiration Date: Due Date: Description: NOTICE OF CLEARING RESTRICTIONS: The issuance of a building permit for a single-family dwelling allows up to one (1) acre of native vegetation to be cleared. Clearing more than one (1) acre may be allowed for accessory structures and requires a separate Vegetation Removal Permit. Properties located in the following zoning district overlays may not be allowed to clear one (1) acre: Rural Fringe Mixed Use District (RFMU), Big Cypress Area of Concern (ACSC), and Special Treatment Overlay (ST). There may be additional restrictions related to clearing native vegetation and impacts to wetlands or protected species found on the property. State and Federal agency permits may be required. Contact the Growth Management Department's Environmental Services at (239) 252- 2400 for additional information. Condition Type: Informational Notice of Commencement Open Department: Building Review and Permitting Expiration Date: Due Date: Description: Notice of Commencement: Upload to the condition on the portal. Condition Type: Inspection Hold Documents: Browse.. Request Changes to Permit Contractors or Status Inactive Department: Building Review and Permitting Expiration Date: Due Date: Description: Use the form located at https://www.colliercountyfl.gov/home/showdocument?i d=105797&t=638403984984558370 to request Permit extensions, cancellations, and changes/withdrawals of Contractors, Subcontractors and Qualifiers. Instructions are provided with the form. Right-of-Way (ROW) and Well permits may only use this process for cancellations. Change/withdrawal of contractor does not apply to self-issued permits. Contact Building Permit Resolution Services at 239-252- 2493 for assistance completing the form. Submit the form by clicking the Browse button below. Condition Type: Informational Fire Inspection Scheduling - North Collier Not Required Department: Fire Department Expiration Date: Due Date: Description: Fire Inspection Scheduling go to www.northcollierfire.com/inspections or Call 239-597- 9227 Condition Type: Informational Engineering Certificate/Letter (Structural) Open Department: Building Review and Permitting Expiration Date: Due Date: Description: Engineers Letter/Certificate of Compliance of required. Permit #PRFW20240521494 on CO Hold until receipt of Engineers Report. For electronic submittals upload to the condition on the portal. Condition Type: CO Hold Documents: Browse.. Miscellaneous Conditions Open Department: Expiration Date: Due Date: Description: Waiting on determination from CAO-see Jaime Cook Zoning Director has provided a determination that maximum height for structures within Golf Course Zoning is 35 feet. Fencing over 35 feet will require a variance." Condition Type: Permit Hold Miscellaneous Conditions Open Department: Expiration Date: Due Date: Description: Permit Hold pending Administrative Appeal PL20240013114. DeLaRosaTracey 11/22/2024 2:23 PM Condition Type: Permit Hold Documents & Images 0 NARRATIVE WOODWARD, PIRES & LOMBARDO, P.A. 3200 Tamiami Trail N., Ste. 200 Naples, FL 34103 Phone: (239) 649-6555 Fax: (239) 649-7342 By: /s/ Zachary W. Lombardo Zachary W. Lombardo, Esq. Florida Bar No. 117530 zlombardo@wpl-legal.com i TABLE OF CONTENTS TABLE OF CONTENTS ii TABLE OF AUTHORITIES ii INTRODUCTION 1 ARGUMENT 2 I. First, Staff's Argument is Incorrect Based on the LDC As Written 2 II. The Invocation of Section 1.03.01.D is Incorrect 8 III. Staff's Interpretation Violates Florida Law 9 TABLE OF AUTHORITIES Cases City of Miami Beach v. 100 Lincoln Rd., Inc., 214 So. 2d 39, 39 (Fla. 3d DCA 1968) 10 Galaxy Fireworks, Inc. v. City of Orlando, 842 So. 2d 160, 165 (Fla. 5th DCA 2003) 10 Refaie v. Bayview Loan Servicing, LLC, 331 So. 3d 749, 752 (Fla. 2d DCA 2021 ) 11 Rinker Materials Corp. v. N. Miami, 286 So. 2d 552, 554 (Fla. 1973) 10 Town of Longboat Key v. Islandside Prop. Owners Coalition, LLC, 95 So 3d 1037 (2d DCA 2012) 11 Statutes Section 163.3194(2), Florida Statutes 10 Section 163.3194, Florida Statutes 10 Other Authorities Section 1 .08.02, Collier County Land Development Code 3, 4 Collier County Ordinance 2022-13 7 Section 1 .03.01 .D, Collier County Land Development Code 8 Section 2.03.09.A.1 .b.2, Collier County Land Development Code 5 Section 4.02.01 .A, Collier County Land Development Code 4 Section 4.02.03.D, Collier County Land Development Code 12 -- Section 5.03.02, Collier County Land Development Code 5 ii INTRODUCTION Appellant hereby appeals the Interpretation. The Interpretation should be reversed because it is incorrect for several reasons and is otherwise in violation of Florida law in several ways. In short: County Staff, by way of the Interpretation, is improperly legislating a new height limitation from whole cloth in disregard of Florida law. Review of the Land Development Code ("LDC") sections cited in the Interpretation reveals no such height limitation. Additionally, if the Interpretation is not reversed, eight (8) existing containment fences located at practice driving ranges all over Collier County, including properties zoned Golf Course and Recreational Use District (GC District), will now be rendered in violation of the LDC and/or the applicable land development regulations, despite some being in existence for decades. Finally, the Interpretation completely disregards the health, safety, and welfare risks posed by having an insufficient containment fence at a practice driving range. See opinion of Chris Evans attached hereto as Exhibit A. In addition to this Narrative, the Appellant incorporates the entire Request for Interpretation, attached hereto as Exhibit B. Page 1 of 13 ARGUMENT I. First, Staff's Argument is Incorrect Based on the LDC As Written Staff's argument as to both interpretive requests in the Request for Interpretation which is incorporated herein is based on the following erroneous reading and application of the following portions of the LDC to the facts at issue: - Premise 1 : Section 4.02.01 .A (Table 2) sets the maximum building height within the GC District to 35 feet. - Premise 2: Section 5.03.02 states that fences or walls are permitted uses in all districts. Erroneous Conclusion by County staff: the height limit for fences and walls, here the driving range containment fence, is 35 feet. The false premise in the above is emphasized in bold and italics, where Staff equates a fence with a building. The "building, zoned height" limit, by definition, applies only to buildings, not uses. There are no stated height limits for uses in the GC District. All of these terms are defined terms, and they are distinct. It is clear after a review of definitions that buildings are not uses and fences are not buildings. First, as to the definition of "building heights", the LDC has two definitions: Building, actual height of: and Building, zoned height of:. Page 2 of 13 "Building, zoned height of:" is defined in the LDC as: The vertical distance from the first finished floor 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, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01 , Exclusions from height limits, and off-street parking within a building.) Required minimum floor elevations shall be in conformance with the Florida Building Code and Collier County Floodplain Management Ordinance and, if necessary, FDEP requirements for minimum habitable first- floor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. See Figure 3. § 1 .08.02, LDC. Second, as to buildings, buildings are defined in the LDC as: Building: Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animal, chattel, or property of any kind. § 1 .08.02, LDC. This definition confirms that buildings are structures. Third, the LDC differentiates between uses and buildings, confirming buildings and uses are not the same, "Principal building, structure, or use" is defined as: The main or primary use on a lot or parcel, or the building in which the main or primary use is housed or carried out. § 1 .08.02, LDC. Page 3 of 13 The statement, "building in which the main or primary use is housed or carried out" makes it clear that buildings are not uses. Fourth, to confirm buildings or structures and uses are not the same, "Accessory use or structure:" is defined as: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. § 1 .08.02, LDC. Like the definition of principal building, structure, or use, the definition of accessory use or structure clearly differentiates between buildings and structures and uses. They are not the same. Fifth, structures are defined as: Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures. § 1 .02.08, LDC. This definition explicitly confirms that fences are not structures. Fences, therefore, by the explicit and clear definitions in the LDC, are not Structures and are not Buildings. By the plain language of the LDC, the height limit in Section 4.02.01 .A (Table 2) applies only to" Building Dimension Standards For Principal Uses" and not to fences, as fences are not buildings. Because fences are neither buildings nor structures, the more correct argument is: Page 4 of 13 - Premise 1 : Section 4.02.01 .A (Table 2) sets the maximum building height within the GC District to 35 feet. - Premise 2: Section 1 .08.02 fences are not buildings or structures. Conclusion: Section 4.02.01.A (Table 2) does not set a maximum height for a containment fence for a practice driving range within the GC District. Because the section County Staff relies on, when correctly analyzed, does not set a maximum height for fences, the question then becomes: does any other section set a maximum height for fences? The answer is yes, but not for the GC District. In addition, staff's argument includes a red herring. The standards for principal uses are used in staff's argument, not the standards for accessory uses or the specific standards for fences in Article 5, even though Article E is cited in the very section used by Staff to create this argument. As detailed in the Request for Interpretation, a containment fence at a practice driving range is an accessory use to a golf course, see Section 2.03.09.A.1 .b.2, LDC. To support its incorrect position, however, staff cites to Section 5.03.02 which states that fences shall be permitted principal uses in all districts. As explained above, that argument is faulty, but, in addition, as explained below, that argument attempts to have its cake and eat it too. First, the dimensional Page 5 of 13 standards for accessory uses in the GC District are "[Reserved]". § 4.02.02, LDC. Thus, a more correct argument is: - Premise 1 : Section 4.02.02 does not set a maximum height for accessory uses within the GC District. - Premise 2: A containment fence at a practice driving range in the GC District is an accessory use. Conclusion: There is no maximum height for containment fences at a practice driving range within the GC District. Fences may be principal uses, but they also may be accessory. The fact that a practice driving range is an accessory use confirms that a fence that is part of that accessory use is also an accessory use. However, if it is assumed that staff is correct that this fence, which is clearly accessory to the golf course use is a principal use by virtue of Article 5, the balance of the land development regulation that staff did not put in bold states that fences are: "subject to the restrictions set forth in this section". That section is Article 5. Article 5 as to fences in the GC District contains no height limit. Thus, a final more correct argument is: - Premise 1 : Article 5 does not set a maximum height for fences as principal uses within the GC District. - Premise 2: A containment fence at a practice driving range in the GC District is a fence subject to Article 5. Conclusion: There is no maximum height for containment fences at a practice driving range within the GC District. Page 6 of 13 As detailed in the Request for Interpretation, there are fence height limits in certain listed zoning districts other than the GC District. For example, Residential (RSF, RMF, RT, VR, MH) and TTRVC zoning districts and certain commercial and industrial districts have fence height limits listed in Section 5.03.02, LDC. Notably absent from the list of districts with a fence height limit is the GC District. Section 5.03.02, titled "Fences and Walls, Excluding Sound Walls" does not contain any height limit for fences in the GC District. Validation that there is not a height limit for fences in the GC District, is in the form of the 2 golf courses cited in the Request for Interpretation that have driving range containment fences taller than 35 feet (e.g. fence at Hibiscus is approximately 59.69 feet tall). This can also be seen in the County's recent zoning action involving the Golden Gate Golf Course, Ordinance 2022-13, which included a maximum height for the containment fence of 200 feet. That ceiling would not be necessary if there was an existing height limit of 35 feet. Staff's Interpretation renders each and every containment fence in the existing 8 golf courses illegal and in violation of County Code and does so by ignoring the plain language of the LDC. Note that 6 of the existing containment fences detailed in the Request for Interpretation are in PUDs, but within those PUDs, as explained in the Request for Interpretation, either Page 7 of 13 there are no dimensional standards such that the LDC applies, or the dimensional standards applicable to the tracts where practice driving ranges are located use substantially similar building/structure-based language to limit heights of buildings and/or structures to heights lower than the actually constructed containment fences. For example, the containment fence at Audubon is 62.06 feet tall, but the PUD states the maximum height of structures is 3 stories over parking. Therefore, staff, by relying on a false premise, is rewriting the LDC, rendering 8 golf courses in violation of County Code, and the Interpretation is incorrect. II. The Invocation of Section 1.03.01.D is Incorrect As part of its support for its incorrect interpretation, staff cites to Section 1 .03.01 .D, LDC, which states: In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Where any provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, imposes greater restrictions upon the subject matter than any other provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, the provision imposing the greater restriction or regulation shall be deemed to be controlling. It is not disputed that where there are greater restrictions, those should be applied. That concept, however, requires there to be adopted greater Page 8 of 13 restrictions. Here, as made plain in section I above, there are no adopted greater restrictions. Section 1 .03.01 .D, LDC, does not empower staff to create greater restrictions sua sponte (of their own accord, and without direction to do so). What staff ignores is the lead in to this section which states: "In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare." Golf course containment fences are in and of themselves necessary for the promotion of public health, safety, comfort, convenience, and general welfare. The minimum requirement here, for the promotion of public health, safety, comfort, convenience, and general welfare, would be to allow a containment fence in the GC District that is over 35-feet tall because there is no adopted restriction that is more restrictive, and the purpose of the fence is public safety. Therefore, Section 1.03.01.D, LDC, confirms that the Interpretation is incorrect. III. Staff's Interpretation Violates Florida Law In addition to being incorrect on several grounds, the Interpretation violates Florida law and core private property rights issues. County Staff Page 9 of 13 does not have the legal authority to enact "gap filling" land development regulations by way of an interpretation. First, land development regulations may only be enacted by the Board of County Commissioners through the appropriate channels, which includes review by the local planning agency (here the Collier County Planning Commission). "If an ordinance substantially affects land use, it must be enacted under the procedures which govern zoning and rezoning" (emphasis supplied). Galaxy Fireworks, Inc. v. City of Orlando, 842 So. 2d 160, 165 (Fla. 5th DCA 2003). See also § 163.3194(2), Fla. Stat. (requiring local planning agency review). Here, to attribute a 35-foot height limit to a fence when there plainly is no height limit based on the properly enacted land development regulations, is a violation of Section 163.3194, Florida Statutes, and the due process rights of Appellant. The asserted height limit for containment fences did not go before the local planning agency or the Board of County Commissioners and indeed no hearing was held on this matter at all. Second, County ordinances are to be given their plain and obvious meaning. Rinker Materials Corp. v. N. Miami, 286 So. 2d 552, 554 (Fla. 1973). Further, this meaning should be strictly construed in favor of Appellant. see City of Miami Beach v. 100 Lincoln Rd., Inc., 214 So. 2d 39, Page 10 of 13 39 (Fla. 3d DCA 1968) (Holding that "[s]ince zoning laws are in derogation of the common law, as a general rule they are subject to strict construction in favor of the right of a property owner to the unrestricted use of his property." (citation omitted)). The LDC plainly states that fences are not structures and, when strictly construed in favor of the Appellant's unrestricted use of its property, plainly there is no height limit for fences in the GC District. Regardless, and at best, the failure to include a height limit for GC fences is an ambiguity. To the extent the regulation is vague or ambiguous, it must be interpreted in the light most favorable to the property owner, here Appellant. "Statutes or ordinances should be given that interpretation which renders the ordinance valid and constitutional. Since zoning regulations are in derogation of private rights of ownership, words used in a zoning ordinance should be given their broadest meaning when there is no definition or clear intent to the contrary and the ordinance should be interpreted in favor of the property owner." Rinker Materials Corp. 286 So. 2d at 553 (emphasis added) (Cited in Town of Longboat Key v. Islandside Prop. Owners Coalition, LLC, 95 So. 3d 1037 (2d DCA 2012)). "Additionally, as stated, related statutory sections must be interpreted in pari materia if parts of the statute are unclear or ambiguous." Refaie v. Bayview Loan Servicing, LLC, 331 So. 3d 749, 752 (Fla. 2d DCA 2021 ). Page 11 of 13 Here, the GC District specifically contemplates the existence of driving ranges (see Section 2.03.09.A.1 .b, LDC) and the only County action on this point is to create a height ceiling of 200 feet on property rezoned by the County itself. (see 2022-13). Additionally, sections of the LDC when citing to fence heights cite to Article 5, not Article 4 (see § 4.02.03.D ("Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02")), which is not what the Interpretation does here. The reason the Interpretation does not cite to Article 5 is that it contains no height limit for a fence in the GC District, so contrary to the code itself, staff cites to Article 4 in an attempt to give the zoning ordinances their narrowest meaning, contrary to Florida law. The light most favorable to the Appellant property owner and the interpretation that is consistent with the balance of the County's code, and the existing 8 fences, is that a 62.81-foot-high fence may be erected on the Subject Property. To decide otherwise is to empower staff to violate Florida law both in the form of enacting land development regulations illegally under the pretense of interpreting the LDC and violating the requirement to interpret zoning ordinances in favor of the property owner. Page 12 of 13 At the end of the day, if the County had intended to put a 35-foot height limit on containment fences it could have. Indeed, it put a height limit on residential and commercial fences that is more restrictive than 35 feet. The reality is that the County did not limit the height of containment fences at practice driving ranges and it may not do so now by way of the Interpretation. Therefore, the Interpretation is in violation of Florida law. The Interpretation should be reversed, and it should be concluded that: 1. The Golf Course and Recreational Use District does not have a height limit for the practice driving range accessory use and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the two similarly situated golf courses in Collier County; and 2. A containment fence at a practice driving range is not a structure and is not regulated by any height limit and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the eight similarly situated golf courses in Collier County. Page 13 of 13 5.03.02. —Fences and Walls, Excluding Sound Walls J. Generally. Errant Ball Containment Fences (more commonly known as golf netting or barriers) are primarily intended for the safety of the players, spectators, and neighboring properties from the risks of stray golf balls; and are considered accessory uses to and are typically located within golf courses and/or driving ranges. Errant Ball Containment Fences shall be subject to the following. 1. Height and Location. a. Maximum Height: one hundred(100) feet. b. Required Setback Adjacent to Residential Development: One (1) foot for each foot in height. 2. Landscaping requirements when adjacent to residential development. a. The required vegetative plantings shall be located on the external side, between the Errant Ball Containment Fence and the adjacent residential development. b. A minimum of two (2)trees shall be clustered at every upright. 3. Errant Ball Containment Fences located in the Golf Course and Recreational Use Zoning District"GC"that cannot meet the design standards established above shall be required to obtain a Conditional Use approval, subject to the standards and provisions established in LDC section 10.08.00. ERRANT BALL CONTAINMENT FENCE LDCA LDC AMENDMENT TEXT Text underlined are additions and struck through are deletions. 4.02.02 — Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts A. GC District. [RESERVED] Errant ball containment fences shall be subject to additional standards set forth in LDC Section 5.03.02.J. 5.03.02. —Fences and Walls, Excluding Sound Walls J. Generally. Errant Ball Containment Fences (more commonly known as golf netting or barriers) are primarily intended for the safety of the players, spectators, and neighboring properties from the risks of stray golf balls; and are considered accessory uses to and are typically located within golf courses and/or driving ranges. Errant Ball Containment Fences within the Golf Course and Recreational Use Zoning District"GC" shall be subject to the following. 1. Height and Location. a. Maximum Height: seventy (70) feet. b. Required Setback Adjacent to Residential Development: One (1) foot for each foot in height. 2. Landscaping requirements when adjacent to residential development. a. The required vegetative plantings shall be located on the external side, between the Errant Ball Containment Fence and the adjacent residential development. b. A minimum of two (2)trees shall be clustered at every upright. 3. Errant Ball Containment Fences located in the Golf Course and Recreational Use Zoning District"GC"that cannot meet the design standards established above shall be required to obtain a Conditional Use approval, subject to the standards and provisions established in LDC section 10.08.00. Loe Page 1 of 1 Q:\FL-NAPL-HM\HMDATA-NP2\00 BOWMAN PROJECTS\340830-01-001 QUAIL CREEK GOLF COURSE HEIGHT VARIANCE\LDC Amendment\LDC Amendment Text(10-24- 2025).docx 'rom: Michael Bosi <Michael.Bosi@colliercountyfl.gov> —ent: Tuesday, November 26, 2024 7:57 AM To: Robert Mu'here;Jeremie Chastain Subject: [EXTERNAL] FW: Quail Creek Golf Course - Errant Ball Containment Fence Attachments: Email from CSCott2.pdf; Corrections Letter EPR - Outstanding Corrections.pdf Bob,Jeremie, Sorry to deliver bad news, but we have not been able to fins any evidence that the golf ball netting at either location was ever permitted. Based upon this fact the Quail Creek containment will need a variance. Again, I apologize for the extra time that this has created, mike Michael Bosi AICP Division Director - Planning & Zoning Zoning (1)‘‘ Office:239-252-1061 Collier Coun Mobile:239-877-0705 2800 North Horseshoe drive J 1 x 0 i Naples, Florida 34104 Jichael.Bosi(a�colliercountyfl.gov From: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Sent: Monday, November 25, 2024 8:42 PM To: Michael Bosi <Michael.Bosi@colliercountyfl.gov>; David Merino<David.Merino@colliercountyfl.gov> Cc: Renald Paul <Renald.Paul@colliercountyfl.gov> Subject: RE: Quail Creek Golf Course- Errant Ball Containment Fence Quail Creek - 68590400000 CESD20240003998- Open A new 70-foot tall structure is going up on the driving range. PRFW20240521494- Rejected Construction of fencing for existing Driving Range 13296 Valewood DR, (Cart Barn) , Naples PL20240012109 - Quail Creek Golf Club (VA) Per Applicant, this application needs to be cancelled. MartinezMaria 10/25/2024 2:12 PM This is a request for a variance to provide relief from Table 2 of LDC Section 4.02.01.A, Building Dimension tandards for Principal Uses in Base Zoning Districts, which allows for a maximum building height of 35 feet within the GC zoning district, to allow for a maximum height of 60 feet for the netting support poles within the errant ball containment fence structure located within the golf course. Hibiscus fence W •. } x.• tfk, � i • ►"�—� q i r I _t a 1 , Hibiscus had a code case in 2017 that noted debri and the above fencing was torn down, but I found no ermit to put it up in the first place or to put it back and the case was closed when the debri was cleaned up. �'The only fence permit was in 2020 PRBD20201043723 - 92 LF of 6' H wood fence 5467 Tamiami TrI E I don't find anything for Imperial either- There was a 2015 SIP to re-shape lakes that noted the golf course was built when the county didn't require site plans- see email from chris scott Diane Lynch Management Analyst II Operations & Regulatory Management Office:239-252-4283 Collier Coun a CI X 1:11 Diane.Lynch(a�colliercountyfl.gov From: Michael Bosi <Michael.Bosi@colliercountyfl.gov> Sent: Monday, November 25, 2024 2:58 PM To: Diane Lynch <Diane.Lynch@colliercountyfl.gov>; David Merino<David.Merino@colliercountyfl.gov> Subject: FW: Quail Creek Golf Course- Errant Ball Containment Fence Diane, David, 2 Can either of you research the two below parcels and determine if the golf ball containment netting installed was ever recognized by a permit. The question is this netting exempt from the 35-foot height limitation of the golf course zoning district? Neither site shows a variance, but I'm not sure if the netting was even recognized on the permit? Fall if you have any questions Hibiscus Golf Course(Folio 55150040004) .0!, 1,- • . or II : Pe'S 1 If A It '1111 IF ��} 10441 � ***11! v . yd . . y °'' am` `e --- .2t(tlilittAllt, '' .. '-. - tligt gr 0 )111 l •• ♦ 2 • 236 . ! .' U 4O3 • ( v • cVJ1 .Ial,,... • ^� _ r �' � �j Pebble Hear hfil h • - Vfj , 238 230 /, P. Unit:6 • • a f - 226 NV-9 • r 4 Un4:601 1 t • grit iR j t zoo Itt tik - R. M3 Ar 00• #74-4* 1 _r^ r J l •• \. j ..•,...A. 'hk ,,,,,,,,,,s3.. 3 .r. - s. Imperial Golf Course(Folio 00151960002) 4 .4... - . zil t it 7141.4 • ,., 44.1 . ..". •4 S. t fla It • •. I • 11,1 111*- i '4-•....01411i."..., :1,,,,,, . - "7.': '. • ... ilk k • . , I , .1. ::`•13i 4 ,.. •' ,A., 1-..:0- kt .. .• . ..e _ • .' ' ...N., .- CI -ilAtIV 't. e ,..13 • .4 J ri' k is .E21 ' •. ' ...." .•_ , . .. 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'5 :-'t/ , Of. ,,..4 it _ _ _ ._,. ..,A k 1... ,11. - • . . .(.5, t • 4 .rr.w Y-- -.. t , • oiligio . / / JEREMIE CHASTAIN Planner III I BOWMAN 950 Encore Way, Naples, FL 34110 0: (239) 254-2000 I D: (239) 254-2027 I C: (949) 214-5031 ichastain@bowman.com I bowman.com Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request. do not send electronic mail to this entity. Instead. contact this office by telephone or in writing. 6 Michael Bosi AICP Division Director - Planning & Zoning Zoning (1)`. _..4ffice:239-252-1061 Collier Coun Mobile:239-877-0705 2800 North Horseshoe drive el ® X 0 Naples, Florida 34104 Michael.Bosi(a�colliercountyfl.gov eL� , ti T O •. , � f a O CO 0. • • • !t •mot/ _•>-�• ! YI V' - ,O I �� w.. -7 ,..il • _ r y b v. 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' -, ,k,* :biiivj:1,44" 41kr,, sr • i 4-•f.' •'•'ice `\'' •• w r. il. W i _ W Q W a 176 0 g rq 1 8 :I Bye' r� !ay■ 2 N5 FR i a , o N ni ®®®Q y w^m•a wu.a�cc�-aoz.�w�o.rro-zpx we as iniocmx�\v aaw ey�ux.vwnroyeni nxry oxnixTxouan�usxoaUmzmeioe�e�oz�ze.-rira�M�w-vix-V.a .-om: Tim DeVries <tdevries@gradyminor.com> Friday, October 10, 2025 11:23 AM To: Zach Lombardo; Chris Evans Cc: Jeremie Chastain Subject: RE: Surveyed height Zach, The field crew sent me measurements of the driving range nets at 2 golf courses this morning: Audubon Country Club Driving Range (Was able to measure the pole from the right-of-way outside of the Golf Course) Ground to top of Pole Height: 62.06' (along right-of-way) Hibiscus Golf Club Driving Range Ground to top of Pole Height: 59.69' (back) Ground to top of Pole Height: 36.56' (side) Imperial Golf Course Crew did not shoot heights they are going to need permission for access Zach/Chris, can you help with access for the remaining driving ranges? 'Thanks, Tim Tim DeVries,PSM/CFedS I Professional Surveyor Mapper GradyMinor company P:239.947.1144 I E:tdevries@gradyminor.com From: Zach Lombardo<zoombardo@wpl-legal.com> Sent:Thursday, October 9, 2025 6:05 PM To: Chris Evans<cevans@quailcreekcc.com> Cc:Tim DeVries<tdevries@gradyminor.com>; Jeremie Chastain <jchastain@bowman.com> Subject: RE:Surveyed height Ok,Tim, if there is any of the below that can be done in addition to Imperial and Hibiscus,that would be great. I have confirmed with the County that we may submit some of this information early next week, so, if we can complete the rest early next week,that works. 'Chris,will Audubon allow access Monday? 1 —Zachary W. Lombardo, Esq. (239) 649-6555 om: Chris Evans<cevans@quailcreekcc.com> Sent:Thursday, October 9, 2025 12:37 PM To: Zach Lombardo<zlombardo@wpl-legal.com> Cc:Tim DeVries<tdevries@gradyminor.com>; Jeremie Chastain <jchastain@bowman.com> Subject: Re: Surveyed height Guys,just got off the phone with Audubon and they would not like anyone on property tomorrow. They did confirm their net is 60 feet. Chris On Oct 9, 2025, at 11:42 AM, Zach Lombardo <zoombardo@wpl-legal.com>wrote: Chris, Are you able to get advance permission for Mr. DeVries at any of the below courses? —ZacharyW. Lombardo, Esq. (239) 649-6555 From:Tim DeVries<tdevries@gradyminor.com> Sent:Thursday, October 9, 2025 11:35 AM To: Zach Lombardo<zlombardo@wpl-legal.com> Cc:Jeremie Chastain <ichastain@bowman.com>; cevans@quailcreekcc.com Subject: RE: Surveyed height Hopefully not, but sometimes the guard gate will not allow access if were not approved for entry. Same with the golf course supervisors may ask us to leave if not approved to be there. Tim DeVries,PSM/CFedS I Professional Surveyor Mapper P:239.947.1144 I E:tdevries@gradyminor.com From: Zach Lombardo<zlombardo@wpl-legal.com> Sent:Thursday, October 9, 2025 11:31 AM To:Tim DeVries<tdevries@gradyminor.com> Cc:Jeremie Chastain <jchastain@bowman.com>; cevans@quailcreekcc.com Subject: RE: Surveyed height Thank you. Regarding access, do you anticipate any issues? —ZacharyW. Lombardo, Esq. (239) 649-6555 2 From:Tim DeVries<tdevries@gradyminor.com> Sent:Thursday, October 9, 2025 11:27 AM To: Zach Lombardo<zoombardo@wpl-legal.com> Cc:Jeremie Chastain <ichastain@bowman.com>; cevans@quailcreekcc.com Subject: RE: Surveyed height Zach, We have a crew scheduled for tomorrow to measure these, provided we are able to physically access the site. Thanks, Tim Tim DeVries,PSM/CFedS I Professional Surveyor Mapper P:239.947.1144 I E:tdevries@gradyminor.com From:Zach Lombardo<zlombardo@wpl-legal.com> Sent:Thursday,October 9, 2025 9:45 AM To:Tim DeVries<tdevries@gradyminor.com> Cc:Jeremie Chastain <ichastain@bowman.com>; cevans@quailcreekcc.com Subject: Surveyed height Tim, Thank you for speaking with me today re measuring the heights of comparable driving range fences. As discussed the 3 the client, Quail Creek Country Club is most interested in measuring by tomorrow are: Imperial Golf Course Hibiscus Golf Course The Golf Course at Audubon (if there is only time for 2,this one can wait) Attached are aerials locating the fences. In addition to the first two,the client is interested in measuring the following 5 fence heights: Valencia Olde Cypress The Golf Course at Eagle Creek Golf and Country Club Golf Course at Countryside Golf and Country Club Golf Course at the Wilderness Zachary W. Lombardo, B.C.S. I Partner Woodward, Pires & Lombardo, P.A. 3200 Tamiami Trail N., Suite 200 I Naples FL 34103 Phone 239-649-6555 I Bio <image002.jpg> 3 <image003.png> Website: www.wpl-legal.com I Twitter I Linkedin This transmittal and/or attachments may be a confidential attorney-client communication or may otherwise be privileged or confidential. If you are not the intended recipient,you are hereby notified that you have received this transmittal in error; any review,dissemination,distribution,or copying of this transmittal is strictly prohibited. If you have received this transmittal and/or attachments in error, please notify us immediately by separate reply email or by telephone(call 239-649-6555)and promptly delete this message and all its attachments from all mailboxes. FRAUD ALERT— PLEASE DO NOT WIRE ANY FUNDS TO OUR FIRM UNLESS YOU OR THE SENDING BANK HAVE VERIFIED THE WIRING INSTRUCTIONS DIRECTLY WITH OUR FIRM BY TELEPHONE 4 5.03.02 Fences and Walls, Excluding Sound Walls A. Fences or walls shall be permitted principal uses in all districts,subject to the restrictions set forth in this section, unless specifically exempted; however,a fence or wall shall not, in any way, constitute a use or structure,which permits, requires,and/or provides for any accessory uses and/or structures. B. A fence or wall may be located on a lot line, but no fence or wall (including foundation)shall protrude in full or part on adjacent property or right-of-way. C. Residential (RSF, RMF, RT,VR, MH)and TTRVC zoning districts and designated residential components of PUDs shall be subject to the following maximum fence and wall heights: 1. If located within the required front yard: a. Lots greater than 1 acre:6 feet. b. Non-waterfront interior lots 1 acre or less:4 feet. c. Waterfront lots 1 acre or less:4 feet. d. Corner lots 1 acre or less:fences closer than 10 feet to the longest lot line frontage of a corner lot,4 feet;when placed at 10 feet or greater from the longest lot line frontage,then 6 feet. 2. If located within the required side and/or rear yard(s). a. Lots greater than 1 acre:6 feet. b. Non-waterfront interior lots 1 acre or less: 6 feet. c. Waterfront lots 1 acre or less: 6 feet side yard(s);4 feet in rear yards. d. Public Utility Ancillary Systems:8 feet. e. Corner lots 1 acre or less: 6 feet(there is no rear yard on a corner lot). D. Commercial and Industrial zoning districts,excluding the TTRVC zoning district; Business Park zoning districts; and designated commercial, industrial and business park components of PUDs shall be subject to the following maximum fence and wall heights: 1. Fences or walls shall be limited to a maximum height of 8 feet. 2. The County Manager or designee may approve an administrative variance from the height limitations of fences and walls in commercial and industrial zoning districts provided that at least one(1) health, safety,or welfare hazard peculiar to the property is identified, and that such approval does not address a generic problem more properly corrected by an amendment to this Code. E. Agricultural and Conservation zoning districts: 1. Fences and walls within agricultural districts shall be exempt from height and type of construction. F. Fence and wall design standards in all districts: 1. Measurement of fence or wall height: a. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed fence or wall except as provided for in this section and section 4.06.00. b. Determination of ground level.The height of a fence or wall shall be measured from the ground level at the fence or wall location.The County Manager or designee shall determine the ground level for the purposes of measuring the height when it has been determined that the ground Created: 2025-10-14 08:53:03 [EST] (Supp. No.31) Page 1 of 5 level has been altered for the purposes of increasing the height. In such determinations,the ti County Manager or designee may consider, but is not limited to,the following facts: i. General ground elevation of the entire lot. ii. In the case of a lot with varying ground elevations,the average elevation over the length of the fence or wall and at points in the vicinity of the fence or wall. c. The ground elevation on both sides of the fence or wall. In measuring the height,the ground elevation on the side of the fence or wall location that is at the lowest elevation shall be used as a point from which the height is to be measured. 2. Fences and walls shall be constructed of conventional building materials such as, but not limited to, precast concrete,composite fencing materials,concrete masonry, brick,wood, decorative iron or steel, wire or chain link, as specified herein. 3. Fences and walls shall be constructed and maintained in a manner as to not create a safety hazard or a public nuisance. 4. Safe Distance Sight Triangle: a. A safe distance sight triangle shall be maintained where any property abuts the intersection of 2 rights-of-way(see subsection 6.06.05 C.).The triangle is created from the point of intersection and extends parallel to the abutting rights of way for a distance of 30 feet,connected by a line to create the 3'd side.Any portion of a front yard fence or wall within this triangle is restricted to a height of 3 feet. (See Figure 5.03.02 F.4). CLEAR AREA FOR SIGHT DISTANCE YY i R W c so PAVEMENT 1 I fiI �I I I I I I I LOCAL ROADWAY IN SUBDIVISION Figure 5.03.02 F.4 5. Fences and walls shall be constructed to present a finished side of the fence or wall to the adjoining lot or any abutting right-of-way. Created: 2025-10-14 08:53:03 [EST] (Supp. No.31) Page 2 of 5 a. If a fence, wall,or continuous landscape hedge exists on the adjoining parcel,this provision may be administratively waived by filing the appropriate application for consideration by the County Manager or designee. b. Barbed wire, razor wire, spire tips,sharp objects,or electronically charged fences are prohibited, except that the County Manager or designee may allow the use of barbed wire in conjunction with a fence for facilities where a security hazard may exist,such as a utility substation,sewage treatment plant, or similar use. G. Supplemental Standards. 1. Fences on sites with structures which are subject to section 5.05.08 Architectural &Site Design Standards must comply with the following additional standards: a. Chain link(including wire mesh)and wood fences are prohibited forward of the primary façade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation.This plant material must be maintained at no less than three-quarters of the height of the adjacent fence. b. Fences forward of the primary facade,excluding chain link,wire mesh and wood are permitted under the following conditions: i. Fences shall not exceed 4 feet in height. ii. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. iii. The fence style must complement building style through material,color and design. 2. Use of chain link or wire mesh fencing(the requirements of this section are not applicable to single family dwellings): a. If located adjacent to an arterial or collector road in the urban coastal area,the fence shall be placed no closer than three feet to the edge of the right-of-way or property line. b. The fence shall be screened by an irrigated, living plant hedge at least thirty(30) inches in height at planting and spaced a distance apart that will achieve opacity of 80 percent sight-obscuring screen within one year of planting. 3. Barbed wire is only authorized within agricultural,commercial, industrial districts and on fences surrounding public utility ancillary systems in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e.,a jail or penitentiary, or by application and decision by the County Manager or designee. H. Wall requirement between residential and nonresidential development.Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district,a masonry wall,concrete or pre- fabricated concrete wall and/or fence shall be constructed on the nonresidential property consistent with the following standards. 1. Height and Location. a. If located on a contiguous property,then height shall be 6 feet to 8 feet and placement shall be no less than 6 feet from the residentially zoned district. Created: 2025-10-14 08:53:03 [EST] (Supp. No.31) Page 3 of 5 b. If located on a property opposite a residentially zoned district but fronting on a local street or roadway,or the properties are separated by a platted alley,then height shall be 4 feet and placement shall be a minimum of 3 feet from the rear of the right-of-way landscape buffer line. c. If a property fronts on more than 1 street,then height shall be 6 feet and placement shall be required along the street which is opposite the primary ingress and egress point of the project along the street frontage which is adjacent to the rear of the project. d. These regulations shall not be construed to require a masonry wall and/or fence for properties used as golf courses or preserve areas and non-residential development fronting on an arterial or collector roadway where the opposite side of such roadway is zoned residential or to be otherwise inconsistent with the provisions of section 5.05.08(B)of this Code. 2. Landscaping requirements. a. When the placement is within the required landscape buffers,then the required vegetative plantings and irrigation for the buffer shall be located on the external side such that 50 percent of the wall and/or fence is screened within 1 year of the installation of the vegetative material. b. When the placement is outside of a required landscape buffer,then the wall and/or fence shall be screened with an abutting, continuous irrigated hedge on the external side such that 50 percent of the wall and/or fence is screened within 1 year of the installation of the vegetative material. 3. Timing of installation. a. The wall and/or fence shall be constructed following site plan approval but prior to the occurrence of any vertical construction or other site improvements.At the County Manager or designee's discretion, if site conditions warrant,the wall may be constructed in phases and/or after vertical construction or site improvements commence, depending upon the location of affected residential areas. 4. Deviation from wall requirement. a. At the applicant's request,the County Manager or designee may determine that a masonry wall and/or fence is not warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development,or for other good cause including the existence of a wall on an adjacent residential development.The applicant shall demonstrate that the intent of this section can be effectively accomplished,without constructing a wall, by providing an alternative design and a descriptive narrative through an Administrative Fence Waiver application, as set forth in the Administrative Code.The County Manager or designee shall review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved,the approval and its basis shall be noted on the site development plan and the administrative variance approval letter. I. Special fences and walls. 1. Sound Walls: a. Sound walls erected by,or at the direction of,any government entity for purposes of attenuating sound from an interstate,collector or arterial roadway shall be exempt from height restrictions. 2. Public utility ancillary facilities. a. See subsection 5.05.12. (Ord. No.05-27, §3.EE; Ord. No.08-63, §3.S;Ord. No. 10-23, §3.CC; Ord. No. 12-38, §3.S; Ord. No. 14-33, §3.M) Created: 2025-10-14 08:53:03 [EST] (Supp. No.31) Page 4 of 5 Created: 2025-10-14 08:53:03 [EST] (Supp. No.31) Page 5 of 5 Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures. Special Magistrate hearing December 5, 2025 Case#CESD20240003998 Respondnet Exhibit APPEAL OF INTP- P L20250007902 QUAIL CREEK COUNTRY CLUB INC. Woodward, Pires & Lombardo, P.A. �,. WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW EST. 1971 October 14, 2025 MARK J.WOODWARD By upload to Collier GMD portal Board Certified: Real Estate Law and in Condominium &Planned Development Law Collier County ANTHONY P.PIRES,JR. Growth Management Community Development Department Board Certified:City,County, and Local Government Law 2800 North Horseshoe Drive J.CHRISTOPHER LOMBARDO Naples, FL 34104 ANTHONYJ.DIMORA Re: Appeal of INTP-PL20250007902 Height limitation for golf Licensed inl'f"and tli, course containment fencing within the Golf Course and LENORET.BRAKEFIELD Recreational Use District, per Sections 2.03.09.A, 4.02.02 and KENNETH V.MUNDY 5.03.02 of the Collier County Land Development Code. This request applies to all Golf Course and Recreational Use Districts ZACHARY W.LOMBARDO within the County; Issued September 12, 2025, received September Board Certified:City,County, and Local Government Law 15, 2025, Noticed in Naples News on September 12, 2025; (the "Interpretation") CRAIG R.WOODWARD To whom it mayconcern, Senior Counsel This firm represents Quail Creek Country Club, Inc. (the "Appellant"), '-� who by this filing and Appeal, along with the required filing fee of$1,000.00, CAMERON G.WOODWARD enclosed in the hand delivered physical copy, timely appeals the above noted and attached interpretation, (the "Interpretation") (Exhibit A-1). The ROSSE. LicensSCHOLMANedinPI,and Interpretation is dated September 12, 2025, and was received by the M' undersigned as Appellant's attorney on September 15, 2025. In addition, F.SCOTT PAUZAR,HI issuance of the Interpretation was published in the Naples Daily CHANDLERA.KANSY News/Collier County Clerk's Legal Notices on September 12, 2025. RYAN G.WELKER (Exhibit A-2) Licensed in FL and DII LOGAN G.WARDLOW By way of this Appeal Appellant requests: TREVORD.ALLEN 1. The reversal and setting aside of the Interpretation. 2. A ruling, decision, and determination that: a. The Golf Course and Recreational Use District REPLY TO: does not have a height limit for the practice driving RI 3200 TAMIAMI TRAIL N. range accessory use and thus that a containment SUITE 200 fence for a practice driving range can be 62.81 NAPLES,FL 34103 feet (actual height) tall by right at the Property 239-649-6555 239-649-7342 FAX that is the subject of the Interpretation, consistent ❑ 606 BALD EAGLE DRIVE with other similarly situated golf courses in Collier SUITE 500 County. IARCO ISLAND,FL 34145 239-394-5161 7t4-R47-64117 FAX Page 1 of 2 b. Alternatively, or in addition to the above, a containment fence at a practice driving range is not a structure and is not regulated by any height and thus that a containment fence for a driving range can be 62.81 feet (actual height) tall by right at the Property that is the subject of the Interpretation, consistent with other similarly situated golf courses in Collier County. Enclosed please find: 1. The Appeal filing fee of$1,000.00. 2. The form for this Appeal. 3. The Narrative containing argument, materials, exhibits, and documents relating to the Appeal for review and consideration as part of the Appeal. No rights, concerns, arguments, positions, or objections of Appellant appealing the Interpretation or concerning this Appeal are waived by anything stated herein or omitted herefrom and the right to present, make and submit additional arguments and materials at the hearing(s) conducted to consider this Appeal is specifically reserved. As noted in the attached submittal this filing and submittal of various arguments, documents, and materials herein as part of the Appeal is and are being made and provided while reserving the right to further amend, modify or supplement this filing and Appeal with additional arguments and materials. If you require any additional forms other than the ones attached to be submitted, please advise immediately. Respectfully submitted, /s/Zachary W. Lombardo Zachary W. Lombardo, Esq. Enclosures as stated. Page 1 of 2 talCollier County Growth Management Community Development Department - Zoning Division September 12, 2025 Zach Lombardo, Esq. Woodward, Pires & Lombardo, P.A, 3200 Tamiami Trail N. Suite 200, Naples, FL 34103 RE: INTP-PL20250007902, Height limitation for golf course containment fencing within the Golf Course Zoning District, per Sections 2.03.09.A, 4.02.02 and 5.03.02 of the Collier County Land Development Code. This request applies to all Golf Course Zoning Districts within the County. Dear Mr. Lombardo: PursuanttoLand DevelopmentCode(LDC)Section 1.06.01.D,thePlanningandZoningDirector has been requested to render an official interpretation of the Collier County Land Development Code (LDC), for Quail Creek Golf Course PL20250007902. The official interpretation centers upon "the height limitations for accessory uses within the Golf Course Zoning District". Further within the request you provide the following questions and analysis (designated in italics) pertinent to those questions for the County to consider in our response. 1. Please confirm the Golf Course and Recreational Use District does not have a height limit for the practice driving range accessory use and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the two similarly situated golf courses in Collier County. In the GC District a practice driving range is an accessory use. 2.03.09.A.1.b.2., LDC ("Recreational facilities that serve as an integral part of a golf course use, including but not limited to clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms.") (Emphasis added). Response: Section 1.03.01.D (Exhibit "A") of the LDC provides, "In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Where any provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, imposes greater restrictions upon the subject matter than any other provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Section 5.03.02.A (Exhibit "B") of the LDC states, "Fences or walls shall be permitted principal uses in all districts, subject to the restrictions set forth in this section, unless specifically exempted; however, a Exhibit A-1 Collier County fence or wall shall not, in any way, constitute a use or which permits, requires, and/or provides for any accessory uses and/or structures." Section 4.02.01.A (Table 2, Exhibit "C") of the LDC states that the maximum building height within the Golf Course Zoning District is 35 feet. As noted Section 5.03.02.A declares that fences or walls shall be permitted principle uses in all districts (which includes the Golf course Zoning District) and 4.02.01.A (Table 2) imposes a 35-foot height limitation within the Golf Course Zoning District. Therefore, the determination of the Zoning Director is that a fence or wall, while not addressed specifically within Section 5.03.02, would be limited to the maximum of 35 feet within a Golf Course Zoning District. It should be noted that 5.03.02.E states, "Fences and walls within agricultural districts shall be exempt from height and type of construction. "This is the only reference Staff could identify within the section that provides unlimited height to a fence or wall. The applicant's assertion that a golf course containment fence, while not expressly exempted from a zoning district's height limitations within the LDC, is allowed to any height without restriction would appear to conflict with Section 1.03.01.D of the LDC. 2. Alternatively, or in addition to the above, a containment fence at a practice driving range is not a structure and is not regulated by any height limit and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the nine similarly situated golf courses in Collier County. The LDC, in section 1.08.02, defines structure as "Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures." (Emphasis added.) The dimensional standards in the GC District, unless otherwise noted, apply to structures and thus not fences. Response: As stated within the first response, Section 4.02.01.A (Table 2) of the LDC states that the maximum building height within the Golf Course Zoning District is 35 feet for principle uses. As shown Below: • (1,11 Collier County Table 2.Building Dimension Standards for Principal Uses in Base Zoning Districts. /EXPAND Zoning District Maximum Minimwn Minimum Floor Area of floor Area Building Distance Buildings Ratio Height Between (square feet) (%) (fit) Buildings -- = - None Section 5.03.02.A declares that fences or walls shall be permitted principal uses in all districts. The clear and unambiguous combination of these two sections is that the maximum height limitation in the Golf Course Zoning District for a principal use is 35-feet. Pursuant to Division 10.02.02.F. of the LDC,this interpretation has been sent to you via certified mail, return receipt requested. A copy of this interpretation and appeal time frames will be placed in the Collier Legal Notices website. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Office of the Hearing Examiner, as directed by Section 2-87 of the Collier County Code of Laws and Ordinances. A request for an appeal must be filed in writing within 30 days of the date of this Official Interpretation and must state the basis for the appeal and include any pertinent information, exhibits,orother back- up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to myattentionattheaddress provided. Please do not hesitatebcontact me should you have any further questions on this matter. The Exhibits are available at 2800 North Horseshoe Dr., Naples, FL 34104. Attention: Mike Bosi. Sincerely, Mike Bosi, AICP, Director, Zoning Growth Management Community Development Division/Zoning Cc: Collier County Board of CountyCommissioners Amy Patterson, County Manager Ed Finn, Deputy County Manager Jamie French,Head,Growth Management Department Jeff Klatzkow, County Attorney Heidi Ashton-Cicko, Assistant County Attorney • S 83S - ,' r-, `� ,'d114100, (7)'-a` Collier County NIVNI Growth Management Community Development Department - Zoning Division September 12, 2025 Zach Lombardo, Esq. Woodward, Pires & Lombardo, P.A, 3200 Tamiami Trail N. Suite 200, Naples, FL 34103 RE: INTP-PL20250007902, Height limitation for golf course containment fencing within the Golf Course Zoning District, per Sections 2.03.09.A, 4.02.02 and 5.03.02 of the Collier County Land Development Code. This request applies to all Golf Course Zoning Districts within the County. Dear Mr. Lombardo: PursuanttoLandDevelopmentCode(LDC)Section 1.06.01.D,thePlanningandZoningDirector has been requested to render an official interpretation of the Collier County Land Development Code (LDC), for Quail Creek Golf Course PL20250007902. The official interpretation centers upon "the height limitations for accessory uses within the Golf Course Zoning District". Further within the request you provide the following questions and analysis (designated in italics) pertinent to those questions for the County to consider in our response. 1. Please confirm the Golf Course and Recreational Use District does not have a height limit for the practice driving range accessory use and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the two similarly situated golf courses in Collier County. In the GC District a practice driving range is an accessory use. 2.03.09.A.1.b.2., LDC ("Recreational facilities that serve as an integral part of a golf course use, including but not limited to clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms.") (Emphasis added). Response: Section 1.03.01.D (Exhibit "A") of the LDC provides, "In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health,safety, comfort, convenience, and general welfare. Where any provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, imposes greater restrictions upon the subject matter than any other provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, the provision imposing the greater restriction or regulation shall be deemed to be controlling. Section 5.03.02.A (Exhibit "B") of the LDC states, "Fences or walls shall be permitted principal uses in all districts, subject to the restrictions set forth in this section, unless specifically exempted; however, a Exhibit A-2 "h` Collier County .; fence or wall shall not, in any way, constitute a use or which permits, requires, and/or provides for any accessory uses and/or structures." Section 4.02.01.A (Table 2, Exhibit "C") of the LDC states that the maximum building height within the Golf Course Zoning District is 35 feet. As noted Section 5.03.02.A declares that fences or walls shall be permitted principle uses in all districts (which includes the Golf course Zoning District) and 4.02.01.A (Table 2) imposes a 35-foot height limitation within the Golf Course Zoning District. Therefore, the determination of the Zoning Director is that a fence or wall, while not addressed specifically within Section 5.03.02, would be limited to the maximum of 35 feet within a Golf Course Zoning District. It should be noted that 5.03.02.E states, "Fences and walls within agricultural districts shall be exempt from height and type of construction. "This is the only reference Staff could identify within the section that provides unlimited height to a fence or wall. The applicant's assertion that a golf course containment fence, while not expressly exempted from a zoning district's height limitations within the LDC, is allowed to any height without restriction would appear to conflict with Section 1.03.01.D of the LDC. 2. Alternatively, or in addition to the above, a containment fence at a practice driving range is not a structure and is not regulated by any height limit and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the nine similarly situated golf courses in Collier County. The LDC, in section 1.08.02, defines structure as "Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures." (Emphasis added.) The dimensional standards in the GC District, unless otherwise noted, apply to structures and thus not fences. Response: As stated within the first response, Section 4.02.01.A (Table 2) of the LDC states that the maximum building height within the Golf Course Zoning District is 35 feet for principle uses. As shown Below: �, ' Collier Count y Table 2.Building Dimension Standards for Principal Uses in Base Zoning Districts. I EXPAND Zoning District Maximum Minimum Minimum Floor Area of Floor Area Building Distance Buildings Ratio Height Between (square feet) (%) (feet) Buildings None None Section 5.03.02.A declares that fences or walls shall be permitted principal uses in all districts. The clear and unambiguous combination of these two sections is that the maximum height limitation in the Golf Course Zoning District for a principal use is 35-feet. Pursuant to Division 10.02.02.F. of the LDC,this interpretation has been sent to you via certified mail, return receipt requested. A copy of this interpretation and appeal time frames will be placed in the Collier Legal Notices website. Within 30 days of publication of the public notice, any affected property owner or aggrieved or adversely affected party may appeal the interpretation to the Office of the Hearing Examiner, as directed by Section 2-87 of the Collier County Code of Laws and Ordinances. A request for an appeal must be filed in writing within 30 days of the date of this Official Interpretation and must state the basis for the appeal and include any pertinent information, exhibits,orotherback- up information in support of the appeal. The appeal must be accompanied by a $1,000.00 application and processing fee. If payment is in the form of a check, it should be made out to the Collier County Board of Commissioners. An appeal can be hand delivered or mailed to my attention at the address provided. Please donothesitatelocontactmeshouldyou have any further questions on this matter. The Exhibits are available at 2800 North Horseshoe Dr., Naples, FL 34104. Attention: Mike Bosi. Sincerely, Mike Bosi, AICP, Director, Zoning Growth Management Community Development Division/Zoning Cc: Collier County Board ofCountyCommissioners Amy Patterson, County Manager Ed Finn, Deputy County Manager Jamie French,Head,Growth Management Department �._ Jeff Klatzkow, County Attorney Heidi Ashton-Cicko, Assistant County Attorney THIS CHECK IS VOID IF MICRO PRINT SIGNATURE LINE IS UNREADABLE UNDER MAGNIFICATION Capital Account(it S Bank 0 0 3 438 13300 Valewood d Drive Synovus ova 61 t Naples FL 34119 Quail Creek Phone(239)597-2831 ouHTer CLUB CHECK DATE CHECK NO. 10/14/25 003438 $1,000.00 AMOUNT ONE THOUSAND DOLLARS & 00 CENTS PAY TO Board of County Commissioners —:—... , THE ORDER Of Collier County � AUTHORIZED SIGNATURE w► OF AUTHORIZED SIGNATURE PP 11'00343811' 1:06 L L006061: L63874810011. CAT County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 ....,. www.colliergov.net (239)252-2400 FAX: (239) 252-6358 APPEAL OF AN OFFICIAL INTERPRETATION LDC subsection 1.06.01 D & Code of Laws section 2-83—2-90 Ch. 3 A. of the Administrative Code Within 30 days after receipt by the applicant or affected property owner of a written official interpretation sent by certified mail return receipt requested by the County Manager or designee or building official, or within 30 days of publication of public notice of interpretation, the applicant, affected property owner, or aggrieved or adversely affected party may appeal the interpretation to the building Board of Adjustments and Appeals for matters relating to building and technical codes as shown in LDC section 1.07.00 or to Office of the Hearing Examiner for all other matters in the LDC. An affected property owner is defined as an owner of property located within 300 feet of the property lines of the land for which the interpretation is effective. An aggrieved or affected party is defined as any person or group of persons which will suffer an adverse effect to an interest protected or furthered by the Collier County Growth Management Plan, Land Development Code, or Building Code(s). The alleged adverse interest may be shared in common with other members of the community at large, but shall exceed in degree the general interest in community good shared by all persons. A request for appeal shall be filed in writing. Such request shall state the basis for the appeal and shall include any pertinent information, exhibits, and other backup information in support of the appeal. ' The Office of the Hearing Examiner or the Building Board of Adjustments and Appeals, whichever is applicable, shall hold an advertised public hearing on the appeal and shall consider the interpretation and any public testimony in light of the Growth Management Plan, the Future Land Use Map, the Land Development Code or the Official Zoning Atlas, or Building Code related matters, whichever is applicable. The Office of the Hearing Examiner or the Building Board of Adjustments and Appeals, whichever is applicable, shall adopt the County official's interpretation, whichever is applicable, with or without modifications or conditions, or reject the interpretation. The Office of the Hearing Examiner or the Building Board of Adjustments and Appeals, whichever is applicable, shall not be authorized to modify or reject the County official's interpretation unless such reviewing body finds that the determination is not supported by substantial competent evidence or that the interpretation is contrary to the Growth Management Plan, the future land use map, the Land Development Code or the Official Zoning Atlas, or Building Code, whichever is applicable. Requests for Appeal of an Official Interpretation should be addressed to: Growth Management Division/Planning Regulation Attn: Business Center 2800 North Horseshoe Drive Naples, Florida 34104 10/18/2013 Page 1 of 2 Co per County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 ti www.colliergov.net (239) 252-2400 FAX: (239)252-6358 APPEAL OF OFFICIAL INTERPRETATION LDC subsection 1.06.01 D & Code of Laws section 2-83—2-90 Ch. 3 A. of the Administrative Code PROJECT NUMBER PROJECT NAME To be completed by staff DATE PROCESSED APPLICANT CONTACT INFORMATION Owner: Quail Creek Country Club, Inc. Address: 13300 Valewood Dr. City: Naples State: FL ZIP: 34119 Telephone: C/O Agent Cell: c/o Agent Fax: c/o Agent E-Mail Address: c/o Agent Applicant/Agent: Zachary W. Lombardo, Esq. Firm: Woodward, Pires & Lombardo, P.A. Address: 3200 Tamiami Trail N. Ste. 200 City: Naples State: FL ZIP: 34103 Telephone: (239) 649-6555 Cell: n/a Fax: (239)649-7342 E-Mail Address: zlombardo@wpI-legal.com; kchylinski@wpl-legal.com DETAIL OF REQUEST Interpretation No. AR-0I-PL20250007902 (Please reference the interpretation number that is being appealed) Attach a narrative describing the request, the legal basis for the appeal, the relief sought, including any pertinent information, exhibits, and other backup information in support of the appeal. See Chapter 3 A. of the Administrative Code for submittal requirements.The following items are to be submitted with the completed application packet: Completed application (download current form from County website) Completed narrative Electronic copy of all documents, please advise that the Office of the Hearing Examiner requires all materials to be submitted electronically in PDF format. FEE REQUIREMENTS: Appeal of Official Interpretation Fee: $1,000.00 Estimated Legal Advertising fee for the Office of the Hearing Examiner: $1,500.00 10/18/2013 Page 2 of 2 NARRATIVE WOODWARD, PIRES & LOMBARDO, P.A. 3200 Tamiami Trail N., Ste. 200 Naples, FL 34103 Phone: (239) 649-6555 Fax: (239) 649-7342 By: /s/ Zachary W. Lombardo Zachary W. Lombardo, Esq. Florida Bar No. 117530 zoombardo@wpl-legal.com i TABLE OF CONTENTS TABLE OF CONTENTS ii TABLE OF AUTHORITIES ii INTRODUCTION 1 ARGUMENT 2 I. First, Staff's Argument is Incorrect Based on the LDC As Written 2 II. The Invocation of Section 1.03.01.D is Incorrect 8 III. Staff's Interpretation Violates Florida Law 9 TABLE OF AUTHORITIES Cases City of Miami Beach v. 100 Lincoln Rd., Inc., 214 So. 2d 39, 39 (Fla. 3d DCA 1968) 10 Galaxy Fireworks, Inc. v. City of Orlando, 842 So. 2d 160, 165 (Fla. 5th DCA 2003) 10 Refaie v. Bayview Loan Servicing, LLC, 331 So. 3d 749, 752 (Fla. 2d DCA 2021 ) 11 Rinker Materials Corp. v. N. Miami, 286 So. 2d 552, 554 (Fla. 1973) 10 Town of Longboat Key v. Islandside Prop. Owners Coalition, LLC, 95 So 3d 1037 (2d DCA 2012) 11 Statutes Section 163.3194(2), Florida Statutes 10 Section 163.3194, Florida Statutes 10 Other Authorities Section 1 .08.02, Collier County Land Development Code 3, 4 Collier County Ordinance 2022-13 7 Section 1 .03.01 .D, Collier County Land Development Code 8 Section 2.03.09.A.1.b.2, Collier County Land Development Code 5 Section 4.02.01 .A, Collier County Land Development Code 4 Section 4.02.03.D, Collier County Land Development Code 12 — Section 5.03.02, Collier County Land Development Code 5 ii INTRODUCTION Appellant hereby appeals the Interpretation. The Interpretation should be reversed because it is incorrect for several reasons and is otherwise in violation of Florida law in several ways. In short: County Staff, by way of the Interpretation, is improperly legislating a new height limitation from whole cloth in disregard of Florida law. Review of the Land Development Code ("LDC") sections cited in the Interpretation reveals no such height limitation. Additionally, if the Interpretation is not reversed, eight (8) existing containment fences located at practice driving ranges all over Collier County, including properties zoned Golf Course and Recreational Use District (GC District), will now be rendered in violation of the LDC and/or the applicable land development regulations, despite some being in existence for decades. Finally, the Interpretation completely disregards the health, safety, and welfare risks posed by having an insufficient containment fence at a practice driving range. See opinion of Chris Evans attached hereto as Exhibit A. In addition to this Narrative, the Appellant incorporates the entire Request for Interpretation, attached hereto as Exhibit B. Page 1 of 13 ARGUMENT I. First, Staff's Argument is Incorrect Based on the LDC As Written Staff's argument as to both interpretive requests in the Request for Interpretation which is incorporated herein is based on the following erroneous reading and application of the following portions of the LDC to the facts at issue: - Premise 1 : Section 4.02.01 .A (Table 2) sets the maximum building height within the GC District to 35 feet. - Premise 2: Section 5.03.02 states that fences or walls are permitted uses in all districts. Erroneous Conclusion by County staff: the height limit for fences and walls, here the driving range containment fence, is 35 feet. The false premise in the above is emphasized in bold and italics, where Staff equates a fence with a building. The "building, zoned height" limit, by definition, applies only to buildings, not uses. There are no stated height limits for uses in the GC District. All of these terms are defined terms, and they are distinct. It is clear after a review of definitions that buildings are not uses and fences are not buildings. First, as to the definition of "building heights", the LDC has two definitions: Building, actual height of. and Building, zoned height of:. Page 2 of 13 "Building, zoned height of:" is defined in the LDC as: The vertical distance from the first finished floor 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, and gambrel roofs. Where minimum floor elevations have been established by law or permit requirements, the building height shall be measured from such required minimum floor elevations. (See section 4.02.01 , Exclusions from height limits, and off-street parking within a building.) Required minimum floor elevations shall be in conformance with the Florida Building Code and Collier County Floodplain Management Ordinance and, if necessary, FDEP requirements for minimum habitable first- floor structural support. Rooftop recreational space and accessory facilities are also exempted from the limitations established for measuring the height of buildings. See Figure 3. § 1 .08.02, LDC. Second, as to buildings, buildings are defined in the LDC as: Building: Any structure having a roof supported by columns or walls designed or built for the support, enclosure, shelter, or protection of persons, animal, chattel, or property of any kind. § 1 .08.02, LDC. This definition confirms that buildings are structures. Third, the LDC differentiates between uses and buildings, confirming buildings and uses are not the same, "Principal building, structure, or use" is defined as: The main or primary use on a lot or parcel, or the building in which the main or primary use is housed or carried out. § 1 .08.02, LDC. Page 3 of 13 The statement, "building in which the main or primary use is housed or carried out" makes it clear that buildings are not uses. Fourth, to confirm buildings or structures and uses are not the same, "Accessory use or structure:" is defined as: A use or structure located on the same lot or parcel and incidental and subordinate to the principal use or structure. § 1 .08.02, LDC. Like the definition of principal building, structure, or use, the definition of accessory use or structure clearly differentiates between buildings and structures and uses. They are not the same. Fifth, structures are defined as: Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures. § 1 .02.08, LDC. This definition explicitly confirms that fences are not structures. Fences, therefore, by the explicit and clear definitions in the LDC, are not Structures and are not Buildings. By the plain language of the LDC, the height limit in Section 4.02.01 .A (Table 2) applies only to" Building Dimension Standards For Principal Uses" and not to fences, as fences are not buildings. Because fences are neither buildings nor structures, the more correct argument is: Page 4 of 13 - Premise 1 : Section 4.02.01 .A (Table 2) sets the maximum building height within the GC District to 35 feet. - Premise 2: Section 1 .08.02 fences are not buildings or structures. Conclusion: Section 4.02.01.A (Table 2) does not set a maximum height for a containment fence for a practice driving range within the GC District. Because the section County Staff relies on, when correctly analyzed, does not set a maximum height for fences, the question then becomes: does any other section set a maximum height for fences? The answer is yes, but not for the GC District. In addition, staff's argument includes a red herring. The standards for principal uses are used in staff's argument, not the standards for accessory uses or the specific standards for fences in Article 5, even though Article E is cited in the very section used by Staff to create this argument. As detailed in the Request for Interpretation, a containment fence at a practice driving range is an accessory use to a golf course, see Section 2.03.09.A.1.b.2, LDC. To support its incorrect position, however, staff cites to Section 5.03.02 which states that fences shall be permitted principal uses in all districts. As explained above, that argument is faulty, but, in addition, as explained below, that argument attempts to have its cake and eat it too. First, the dimensional Page 5 of 13 standards for accessory uses in the GC District are "[Reserved]". § 4.02.02, LDC. Thus, a more correct argument is: - Premise 1 : Section 4.02.02 does not set a maximum height for accessory uses within the GC District. - Premise 2: A containment fence at a practice driving range in the GC District is an accessory use. Conclusion: There is no maximum height for containment fences at a practice driving range within the GC District. Fences may be principal uses, but they also may be accessory. The fact that a practice driving range is an accessory use confirms that a fence that is part of that accessory use is also an accessory use. However, if it is assumed that staff is correct that this fence, which is clearly accessory to the golf course use is a principal use by virtue of Article 5, the balance of the land development regulation that staff did not put in bold states that fences are: "subject to the restrictions set forth in this section". That section is Article 5. Article 5 as to fences in the GC District contains no height limit. Thus, a final more correct argument is: - Premise 1 : Article 5 does not set a maximum height for fences as principal uses within the GC District. - Premise 2: A containment fence at a practice driving range in the GC District is a fence subject to Article 5. Conclusion: There is no maximum height for containment fences at a practice driving range within the GC District. Page 6 of 13 As detailed in the Request for Interpretation, there are fence height limits in certain listed zoning districts other than the GC District. For example, Residential (RSF, RMF, RT, VR, MH) and TTRVC zoning districts and certain commercial and industrial districts have fence height limits listed in Section 5.03.02, LDC. Notably absent from the list of districts with a fence height limit is the GC District. Section 5.03.02, titled "Fences and Walls, Excluding Sound Walls" does not contain any height limit for fences in the GC District. Validation that there is not a height limit for fences in the GC District, is in the form of the 2 golf courses cited in the Request for Interpretation that have driving range containment fences taller than 35 feet (e.g. fence at Hibiscus is approximately 59.69 feet tall). This can also be seen in the County's recent zoning action involving the Golden Gate Golf Course, Ordinance 2022-13, which included a maximum height for the containment fence of 200 feet. That ceiling would not be necessary if there was an existing height limit of 35 feet. Staff's Interpretation renders each and every containment fence in the existing 8 golf courses illegal and in violation of County Code and does so by ignoring the plain language of the LDC. Note that 6 of the existing containment fences detailed in the Request for Interpretation are in PUDs, but within those PUDs, as explained in the Request for Interpretation, either Page 7 of 13 there are no dimensional standards such that the LDC applies, or the dimensional standards applicable to the tracts where practice driving ranges are located use substantially similar building/structure-based language to limit heights of buildings and/or structures to heights lower than the actually constructed containment fences. For example, the containment fence at Audubon is 62.06 feet tall, but the PUD states the maximum height of structures is 3 stories over parking. Therefore, staff, by relying on a false premise, is rewriting the LDC, rendering 8 golf courses in violation of County Code, and the Interpretation is incorrect. II. The Invocation of Section 1.03.01.D is Incorrect As part of its support for its incorrect interpretation, staff cites to Section 1 .03.01 .D, LDC, which states: In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare. Where any provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, imposes greater restrictions upon the subject matter than any other provision of these regulations, the GMP, or any other law or regulation in effect in Collier County, Florida, the provision imposing the greater restriction or regulation shall be deemed to be controlling. It is not disputed that where there are greater restrictions, those should be applied. That concept, however, requires there to be adopted greater Page 8 of 13 restrictions. Here, as made plain in section I above, there are no adopted greater restrictions. Section 1 .03.01 .D, LDC, does not empower staff to create greater restrictions sua sponte (of their own accord, and without direction to do so). What staff ignores is the lead in to this section which states: "In the interpretation and application of any provision of these regulations, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, comfort, convenience, and general welfare." Golf course containment fences are in and of themselves necessary for the promotion of public health, safety, comfort, convenience, and general welfare. The minimum requirement here, for the promotion of public health, safety, comfort, convenience, and general welfare, would be to allow a containment fence in the GC District that is over 35-feet tall because there is no adopted restriction that is more restrictive, and the purpose of the fence is public safety. Therefore, Section 1.03.01.D, LDC, confirms that the Interpretation is incorrect. III. Staff's Interpretation Violates Florida Law In addition to being incorrect on several grounds, the Interpretation violates Florida law and core private property rights issues. County Staff Page 9 of 13 does not have the legal authority to enact "gap filling" land development regulations by way of an interpretation. First, land development regulations may only be enacted by the Board of County Commissioners through the appropriate channels, which includes review by the local planning agency (here the Collier County Planning Commission). "If an ordinance substantially affects land use, it must be enacted under the procedures which govern zoning and rezoning" (emphasis supplied). Galaxy Fireworks, Inc. v. City of Orlando, 842 So. 2d 160, 165 (Fla. 5th DCA 2003). See also § 163.3194(2), Fla. Stat. (requiring local planning agency review). Here, to attribute a 35-foot height limit to a fence when there plainly is no height limit based on the properly enacted land development regulations, is a violation of Section 163.3194, Florida Statutes, and the due process rights of Appellant. The asserted height limit for containment fences did not go before the local planning agency or the Board of County Commissioners and indeed no hearing was held on this matter at all. Second, County ordinances are to be given their plain and obvious meaning. Rinker Materials Corp. v. N. Miami, 286 So. 2d 552, 554 (Fla. 1973). Further, this meaning should be strictly construed in favor of Appellant. see City of Miami Beach v. 100 Lincoln Rd., Inc., 214 So. 2d 39, Page 10 of 13 39 (Fla. 3d DCA 1968) (Holding that "[s]ince zoning laws are in derogation of the common law, as a general rule they are subject to strict construction in favor of the right of a property owner to the unrestricted use of his property." (citation omitted)). The LDC plainly states that fences are not structures and, when strictly construed in favor of the Appellant's unrestricted use of its property, plainly there is no height limit for fences in the GC District. Regardless, and at best, the failure to include a height limit for GC fences is an ambiguity. To the extent the regulation is vague or ambiguous, it must be interpreted in the light most favorable to the property owner, here Appellant. "Statutes or ordinances should be given that interpretation which renders the ordinance valid and constitutional. Since zoning regulations are in derogation of private rights of ownership, words used in a zoning ordinance should be given their broadest meaning when there is no definition or clear intent to the contrary and the ordinance should be interpreted in favor of the property owner." Rinker Materials Corp. 286 So. 2d at 553 (emphasis added) (Cited in Town of Longboat Key v. Islandside Prop. Owners Coalition, LLC, 95 So. 3d 1037 (2d DCA 2012)). "Additionally, as stated, related statutory sections must be interpreted in pari materia if parts of the statute are unclear or ambiguous." Refaie v. Bayview Loan Servicing, LLC, 331 So. 3d 749, 752 (Fla. 2d DCA 2021 ). Page 11 of 13 Here, the GC District specifically contemplates the existence of driving ranges (see Section 2.03.09.A.1 .b, LDC) and the only County action on this point is to create a height ceiling of 200 feet on property rezoned by the County itself. (see 2022-13). Additionally, sections of the LDC when citing to fence heights cite to Article 5, not Article 4 (see § 4.02.03.D ("Trellises, arbors, and similar structures that exceed the maximum fence height in LDC section 5.03.02")), which is not what the Interpretation does here. The reason the Interpretation does not cite to Article 5 is that it contains no height limit for a fence in the GC District, so contrary to the code itself, staff cites to Article 4 in an attempt to give the zoning ordinances their narrowest meaning, contrary to Florida law. The light most favorable to the Appellant property owner and the interpretation that is consistent with the balance of the County's code, and the existing 8 fences, is that a 62.81-foot-high fence may be erected on the Subject Property. To decide otherwise is to empower staff to violate Florida law both in the form of enacting land development regulations illegally under the pretense of interpreting the LDC and violating the requirement to interpret zoning ordinances in favor of the property owner. Page 12 of 13 At the end of the day, if the County had intended to put a 35-foot height limit on containment fences it could have. Indeed, it put a height limit on residential and commercial fences that is more restrictive than 35 feet. The reality is that the County did not limit the height of containment fences at practice driving ranges and it may not do so now by way of the Interpretation. Therefore, the Interpretation is in violation of Florida law. The Interpretation should be reversed, and it should be concluded that: 1. The Golf Course and Recreational Use District does not have a height limit for the practice driving range accessory use and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the two similarly situated golf courses in Collier County; and 2. A containment fence at a practice driving range is not a structure and is not regulated by any height limit and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the eight similarly situated golf courses in Collier County. Page 13 of 13 (4). `.. Quail Creek OUNTRY CLUB To whom it may concern, My name is Chris Evans. I am a Certified Class A PGA Professional and also the General Manager at Quail Creek Country Club Containment fences at practice driving ranges are critical for safety of not just golfers but those near to the golf course. A golf ball when driven can reach heights of up to 80 feet and at a distance of 50—225 yards can be well over 35 feet in the air, and often over 50 feet. Thus, a containment fence of 62.81 feet is the minimum necessary to ensure safety. As an example of the danger posed when the fence is not present or at the appropriate height, at the practice driving range of Quail Creek, before a net was constructed, an individual was hit by an errant ball driven from the practice driving range. Photos from that incident are enclosed. All are lucky that the individual survived. The speed of a golf ball from a driver averages at 161 mph and increases to 173 mph for advanced players. S.nc y, �.. Chris 1✓vans 13300 Valewood Drive, Naples, FL 34119 (239) 597-2831 Exhibit A L } r t . ali 1, ., . r� ` l" S' y +., A. a dA II . 4.- • I. illillic s 4 . , -...\'‘ \.. . • .\I ..,1\ . : „ \,\ ♦ . �r i h t'' } • a .1 t r%, A .; f' r . yf /' / i In- ;•.,pry / •Ar 0 - ''',4".# / -• ;,`,‘1, • • 41 ="t r N y ' � fr �i'Y • • • • • / . S. ; __ -, PAM WOODWARD, PIRES & LOMBARDO, P.A. ATTORNEYS AT LAW EST. 1971 July 11, 2025 MARK J.WOODWARD Board Certified: Real Estate Law By upload to Collier GMD portal and in Condominium &Planned Development Law ANTHONY P.PIRES,JR. Michael Bosi, AICP, Planning & Zoning Division Director Band lfied:Gity,C°°nty, Growth Management Community Development Department and Local Government Law J.CHRISTOPHER LOMBARDO 2800 North Horseshoe Drive Naples, FL 34104 ANTHONY J.DIMORA Licensed in FL and(Hi LENORET.BRAKEFIELD RE: Application/Request for Official Interpretation KENNETH V.MUNDY Mr. Bosi, ZACHARY W.LOMBARDO Board Certified:City,County, On behalf of the applicant, Quail Creek Country Club, Inc., (the "Owner") and Local Government Law we are requesting an official interpretation (Attachment 1: Request for Official Interpretation Application) of the Collier County Land Development CRAIG R.WOODWARD Senior Counsel Code ("LDC") pursuant to LDC Section 1.06.01 D and Chapter 4.G of the Administrative Code for Land Development.' The subject property of this request is Collier County Property Appraiser CAMERON G.WOODWARD Parcel Number 68590400000 and is located approximately one mile north ROSS E.SCHULMAN Licensed inFL and NY of Immokalee Road and just under half a mile east of 1-75 North and F.SCOTT PAUZAR,Ill comprises of one parcel approximately 183.18 acres in size (the "Subject DOMINICO R.PALMA Property") (currently operating as the golf course at Quail Creek); this request is related only to the maximum height permitted for accessory CHANDLER A.KANSY structures. The subject property is zoned Golf Course and Recreational Use District (the "GC District"). REPLY TO: This request is to specifically obtain an official interpretation of the following, El 3200 TAMIAMI TRAIL N. all related to the GC District. The requested interpretations are listed in bold, SUITE200 with a brief analysis following each. NAPLES,FL 34103 239-649-6555 239-649-7342 FAX ❑ 606 BALD EAGLE DRIVE I This request for an official interpretation and the submittal of the various SUITE 500 documents, materials, and arguments herein as part of this response is and is MARCO ISLAND,FL 34145 being made and provided while reserving the right to supplement this request with 239-394-5161 239-642-6402 FAX additional arguments and additional materials once discovered and/or obtained. No rights, concerns, or responses of the Owner concerning any code enforcement WWW.WPL LEGAL.COM cases or other petitions, including but not limited to variances, are waived by anything stated herein or omitted here from, and the right to present, make and submit additional arguments and materials is specifically reserved. Page 1 of 7 Exhibit B 1. Please confirm the Golf Course and Recreational Use District does not have a height limit for the practice driving range accessory use and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the two similarly situated golf courses in Collier County. In the GC District a practice driving range is an accessory use. 2.03.09.A.1.b.2., LDC ("Recreational facilities that serve as an integral part of a golf course use, including but not limited to clubhouse, community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms.") (Emphasis added). Dimensional standards for accessory uses are included both in section 2.03.09.A.1.b., and section 4.02.02, LDC.2 Additional dimensional standards for fences are contained in section 5.03.02, LDC. None of the above sections contain a height limit for accessory uses in the GC District. This is distinct from accessory uses for other districts which do have height limits. Specifically, in the GC District, in section 2.03.09.A.1.b., LDC, there are dimensional standards regarding pro shop sizes, §2.03.09.A.1.b.3., LDC, but none regarding practice driving ranges. In Section 4.02.02, LDC, the GC District dimensional standards are "[RESERVED]". This section, prior to ordinance 2010- 23, enclosed as Exhibit A, contained dimensional standards, which were moved elsewhere and did not include a height limit. Finally, section 5.03.02, LDC, which includes additional dimensional standards for fences, does not include any height limit applicable in the GC District. In addition to being supported by the plain text of the LDC, this interpretation is supported by two existing practice driving ranges in the GC District that have containment fences of over 35 feet: the practice driving range at the Imperial Golf Course and the practice driving range at the Hibiscus Golf Course. The Imperial Golf Course is surrounded by single-family residential development, with the containment fence approximately 135 feet from the adjacent single-family units. See enclosed Exhibit B. The Hibiscus Golf Course is mostly surrounded by single- family residential and a small amount of multi-family development. The 2 Dimensional standards for principal uses in the GC District dictate a height limit of 35 feet, but this is not applicable to accessory uses. § 4.02.01.A., Table 2. Page 2 of 7 containment fence is setback approximately 95 feet from the adjacent multifamily development. See enclosed Exhibit C. Upon information and belief, there are no variances, or other special exceptions for these properties and these properties are otherwise similarly situated to the Subject Property from a zoning perspective. Each of these golf courses is in a residential community like the Subject Property. To interpret the County's land development regulations in any other way would necessarily constitute a determination that the containment fences at the two similarly situated Golf Course at Imperial and the Golf Course at Hibiscus are in violation of County code. Additionally, the height of accessory uses in the GC District is distinct from how accessory use height is regulated in other zoning districts. For example, section 4.02.02, LDC, as to the VR and MH Districts, there are maximum height limits. In Section 5.03.02, LDC, as to the Residential (RSF, RMF, RT, VR, MH) and TTRVC zoning districts, there are height limitations. Thus, if there was a height limit for accessory uses in the GC District, it would be specified similar to the RSF district, for example. Therefore, a review of the LDC and existing containment fences at zoned practice driving ranges in Collier County confirms that there is no height limit for a containment fence that is part of a practice driving range in the GC District. 2. Alternatively, or in addition to the above, a containment fence at a practice driving range is not a structure and is not regulated by any height limit and thus that a containment fence for a practice driving range can be 62.81 feet (actual height) tall by right at the Subject Property consistent with the nine similarly situated golf courses in Collier County. The LDC, in section 1.08.02, defines structure as "Structure: Anything constructed or erected which requires a fixed location on the ground, or in the ground, or attached to something having a fixed location on or in the ground, including buildings, towers, smokestacks, utility poles, and overhead transmission lines. Fences and walls, gates or posts are not intended to be structures." (Emphasis added.) The dimensional standards in the GC District, unless otherwise noted, apply to structures and thus not fences. The LDC does not define fence. Undefined terms in County ordinances are given their plain meaning. Surf Works, LLC v. City of Jacksonville Beach, 230 So. 3d Page 3 of 7 925, 930-31 (Fla. 1st DCA 2017) (citing Rinker Materials Corp. v. N. Miami, 286 So. 2d 552 (Fla. 1973)). As opined by expert land use planner Jeremie Chastain, AICP, the plain meaning of "fence" includes the containment fence of a practice driving range. See Expert Opinion Letter attached as Exhibit D. A Planners Dictionary, published by the American Planning Association in 2004, defines a fence as: An enclosure or barrier, such as wooden posts, wire, iron, etc., used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth. (Blue Springs, Mo.) An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas. (Maryland Heights, Mo.) A structure, solid or otherwise, which is a barrier and used as a boundary or means of protection, confinement, or concealment. (Roswell, N. Mex.) A tangible barrier constructed of any allowable material erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as an ornamental gate or ornamental gates), or to screen from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it. (Glen Ellyn, Ill.) p. 177: Fence. (Emphasis added.) A containment fence of a practice driving range is to protect against injury from golf balls. A containment fence of a practice driving range is a fence. This is corroborated by the fact that the containment fences at the practice driving ranges of the Golf Course at Imperial, and the Golf Course at Hibiscus do not have building permits. To verify, enclosed as Exhibit E is an email from County Staff confirming that the above-mentioned containment fences do not have building permits. This is further corroborated by review of the following seven PUDs enacted over the last 48 years each applying the interpretation requested herein consistently Page 4 of 7 over this nearly 50-year period of planning for and constructing containment fences in Collier County. Each of these PUDs is for a golf course that is in a residential community like the Subject Property. The Golf Course at Valencia, Ordinance 2005-42, attached as Exhibit F. has the following height limit in section 6.04, Development Regulations for Golf Course District: Maximum Height 25 feet. Despite this height limit, upon information and belief, the containment fence at the practice driving range is over 25 feet tall. This is consistent with the interpretation requested that a containment fence at a practice driving range is not a structure. The golf course is surrounded by single- family residential development and is laid out similar to Quail Creek in that there is a practice driving range to the north of the clubhouse, a hole of golf adjacent to the east of the practice driving range and containment fence, then single-family development to the east of that. The containment fence is setback approximately 288 feet from the adjacent single-family development. See Exhibit G. The Golf Course at Olde Cypress, Ordinance 2000-37, attached as Exhibit H, is in a PUD that has no height limits and thus, as to height limits, the LDC controls (see section 3.04.A). If the LDC controls, then all non-GC District regulations apply and yet the containment fence, upon information and belief is well over 35 feet tall and is directly adjacent to residential, see Exhibit I. Clearly, it must be the case that a containment fence at a practice driving range is not a structure. The Golf Course at Eagle Creek Golf and Country Club, Ordinance 96-69, attached as Exhibit J, is in a PUD that has no height limits in the Golf Course Tract and thus the LDC controls. If the LDC controls, then all non-GC District regulations apply and yet the containment fence, upon information and belief is well over 35 feet tall. Clearly, it must be the case that a containment fence at a practice driving range is not a structure. The Golf Course at Audubon, Ordinance 91-053, attached as Exhibit K, has the following height limit in section 7.03.02, Maximum Height of Structures: three stories over parking. The practice driving range has two containment fences: to the north, adjacent to Woods Edge Parkway and to the south adjacent to the tennis and pickle ball courts. Despite this height limit, upon information and belief, both containment fences at the practice driving range are over 3 stories tall. Clearly, it must be the case that a containment fence at a practice driving range is not a structure. Single-family and multifamily residential development is found throughout the footprint of the golf course. The practice driving range is adjacent to single-family development to the east and to the north, across Woods Edge Page 5 of 7 Parkway. It should be noted that the residential development to the north, across Woods Edge Parkway, is within the City of Bonita Springs and outside of the Audubon Country Club PUD (Ord. 91-0503). The containment fence adjacent to the courts is setback approximately 296 feet from the adjacent single-family development; and the containment fence along Woods Edge Parkway is setback approximately 150 feet from the adjacent residential development. See Exhibit L. The Golf Course at Countryside Golf and Country Club, Ordinance 83-46, attached as Exhibit M, is in a PUD that has a height limit in section 6.03.02 of 35 feet for structures. Despite this height limit, upon information and belief, the containment fence for the practice driving range is over 35 feet tall. Clearly, it must be the case that a containment fence at a practice driving range is not a structure. Finally, the Golf Course at the Wilderness, Ordinance 77-07, attached as Exhibit N, is in a PUD that has no height limits and thus where the LDC controls. If the LDC controls, then all non-GC District regulations apply and yet the containment fence, upon information and belief is well over 35 feet tall. Clearly, it must be the case that a containment fence at a practice driving range is not a structure. Multifamily development is found throughout the footprint of the golf course. The containment fence is setback approximately 105 feet from the adjacent multifamily development. See attached Exhibit O. Because the containment fence is not a structure, there is no applicable height limit. To interpret the County's land development regulations in any other way would necessarily constitute a determination that the containment fences at the nine similarly situated Golf Courses at Imperial, Hibiscus, Valencia, Eagle Creek, Audubon, Countryside, Olde Cypress, and the Wilderness are all in violation of County code. Sincerely, Zachary W. Lombardo, Esq. Attachments: Attachment 1 - Request for Official Interpretation Application Documents Exhibit A — Ordinance 2010-23 Exhibit B — Imperial Aerial Exhibit C— Hibiscus Aerial Exhibit D— Expert Opinion Letter Page 6 of 7 Exhibit E— Email from County Staff Exhibit F— Ordinance 2005-42 Exhibit G— Valencia Aerial Exhibit H— Ordinance 2000-37 Exhibit I— Olde Cypress Aerial Exhibit J— Ordinance 96-69 Exhibit K— Ordinance 91-053 Exhibit L —Audubon Aerial Exhibit M— Ordinance 83-46 Exhibit N— Ordinance 77-07 Exhibit 0— Wilderness Aerial Page 7 of 7 Attachment 1 9eicy COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 REQUEST FOR OFFICIAL INTERPRETATION LDC subsection 1.06.01 D Chapter 4 G. of the Administrative Code Initiation Pursuant to LDC subsection 1.06.01 D.1. An interpretation applies to any affected person, resident, developer, land owner, government agency or department, or any person having a contractual interest in land in Collier County. Procedures Submission of Request for Interpretation- Pursuant to LDC subsection 1.06.01 D.2 - D.3 and Ch. 4 G. of the Administrative Code Each request must identify the specific Land Development Code or Florida Building Code citation to be interpreted. Each request for interpretation must be accompanied by the appropriate fee as set forth in the fee resolution adopted by the Board of County Commissioners. Under no circumstances may the request for interpretation contain more than three issues or questions. It must not contain a single question with more than three sub-issues or questions. If it is determined by the County Manager or designee that the request for interpretation contains more than 3 issues, the applicant will be required to submit a separate request accompanied by the applicable fees. Determination of Completeness- Pursuant to Ch. 4 G. of the Administrative Code After receipt of a request for interpretation, the County Manager or designee must determine whether the request is complete. If the appropriate official determines that the request is not complete, he must serve a written notice on the applicant specifying the deficiencies. The appropriate official will take no further action on the request for interpretation until the deficiencies are remedied. Notification of Affected Property Owner- Pursuant to Ch. 4 G. of the Administrative Code Where a site specific interpretation has been requested by a party other than the affected property owner, Collier County shall notify the property owner that an interpretation has been requested concerning their property. Rendering of Interpretation- Pursuant to Ch. 4 G. of the Administrative Code After the request for interpretation has been determined complete, the County Manager or designee shall review and evaluate the request in light of the Growth Management Plan, the Future Land Use Map, the LDC and/or the official zoning atlas, and Florida Building Code related matters, whichever is applicable, and render an interpretation. The County Manager or designee may consult with the County Attorney and other County departments before rendering an 10/30/2013 Page 1 of 3 Collier County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239) 252-2400 FAX: (239) 252-6358 interpretation. Prior to the release to the applicant of any interpretation, the interpretation shall be reviewed by the County Attorney for legal form and sufficiency. Notice- Pursuant to LDC subsection 1.06.01 D.4 The interpretation shall be in writing and shall be sent to the applicant by certified mail return receipt requested. Public notice procedures are identified in LDC subsection 10.03.06 P. FORM Official Record- Pursuant to Ch. 4 G. of the Administrative Code The County Manager or designee shall maintain an official record of all interpretations rendered. The official interpretations shall be available for public inspection during normal business hours. Notice of Interpretation- Pursuant to LDC subsection 10.03.06 P. and Ch. 4 G. of the Administrative Code The County Manager or designee shall provide public notification upon the issuance of an interpretation. For general interpretations of the Florida Building Code, Growth Management Plan or Land Development Code, notice of the interpretation and appeal time-frame shall be advertised in a newspaper of general circulation in the County. For interpretations affecting a specific parcel of land, notice of the interpretation and appeal time-frame shall be advertised in a newspaper of general circulation, and a mailed notice of the interpretation shall be sent to all property owners within 300 feet of the property lines of the land for which the interpretation is effective. Effective Time Limits of an Interpretation- Pursuant to LDC subsection 1.06.01 D.5 An interpretation rendered by the County Manager or designee shall remain in effect until the appropriate LDC section is amended to clarify the applicable provision or provisions which warranted the interpretation, or until such time as the interpretation is adopted, modified, or rejected as a result of an appeal to the Board of Zoning Appeals and/or the Building Board of Adjustments and Appeals, by the applicant or other individual or entity identified in LDC section 1.06.01 D.1. From the time the interpretation is rendered and the time the appropriate LDC section is amended, or in the case of an appeal, until such time as the Board of Zoning Appeals and/or Building Board of Adjustments and Appeals has rendered its finding, no further request for interpretation regarding the same issue shall be permitted. APPEALS See Chapter 4 G. of the Administrative Code for information regarding an appeal of an official interpretation. 10/30/2013 Page 2 of 3 Coltr County COLLIER COUNTY GOVERNMENT 2800 NORTH HORSESHOE DRIVE GROWTH MANAGEMENT DIVISION NAPLES, FLORIDA 34104 www.colliergov.net (239)252-2400 FAX: (239) 252-6358 SUBMITTAL REQUIREMENTS See Chapter 4 G. of the Administrative Code for submittal requirements. The application must include the following: Applicant contact information M Request details, pursuant to LDC section 1.06.01: o Each request must identify the specific LDC citation to be interpreted; and o A request for interpretation may contain no more than 3 issues of questions. The request must not contain a single questions with more than three sub-issues or questions. If it is determined by the appropriate official that the request for interpretation contains more than three issues, the applicant will be required to submit a separate request accompanied by the applicable fees. V The interpretation shall include justification for the request, providing for the applicant's interpretation of the LDC or Florida Building Code provision the request is centered upon. Y Electronic copies of all documents and forms. Fee /Requirements: V Official Interpretation Request of Land Development Code (LDC), Growth Management Plan (GMP), or Building Construction Administrative Code, based on staff hours: o Less than 20 hours: $1,500.00 o 20 to 40 hours: $3,000.00 o More than 40 hours: $5,000.00 M Estimated legal advertising fee: $1,500.00 Requests for Official Interpretation should be addressed to: Michael Bosi, Planning and Zoning Director Growth Management Division/Planning and Regulation 2800 North Horseshoe Drive Naples, FL 34104 10/30/2013 Page 3 of 3 AFFIDAVIT OF AUTHORIZATION Jack Haugsland as President of QUAIL CREEK COUNTRY CLUB, INC. being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed application; that all the answers to the questions in this application,including the disclosure of interest information,all sketches,data,and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand that the information requested on this application must be complete and accurate and that the content of this form,whether computer generated or printed,shall not be altered. I hereby also consent to access to the subject property (excluding entering any home or other enclosed structure) by Collier County staff members for the limited purpose of evaluating, observing, or understanding the subject property conditions as they relate to the application. While the application is pending, staff members will be allowed access upon the property provided they display a Collier County Photo ID or a Valid Driver's License. As property owner well further authorize ZACHARY W.LOMBARDO. ESQ.and the law firm of WOODWARD, PIRES & LOMBARDO, P.A. , to act as my representative in any matte regar g t application Signatur of Property n r ck Haug Printed me of Property Owner President Title STATE OF 1 7Dri c/a_ COUNTY OF Co//:ri The foregoing instrument was acknowledged before me this 8".day of 5.4./ 2025, by Jack Haugsland , who is personally known to Me or has produced 6.;vvi i.k as identification. Signature, Notary ublic 7� c,- L Ail z Printed. Typed, or Stamped Name of Notary (Seal) '(' .!. •f MY ******* 4\ • •' Z �. p1 missiON MIRES 23.2a26 OF eFee `"'�IYt 1t//tNN111Ht Cotter County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239)252-1036 I Email:GMDCIientServices@colliercountyfl.gov www.colliercountyfl.gov PROPERTY OWNERSHIP DISCLOSURE FORM This is a required form with all land use petitions, except for Appeals and Zoning Verification Letters. Should any changes of ownership or changes in contracts for purchase occur subsequent to the date of application, but prior to the date of the final public hearing, it is the responsibility of the applicant, or agent on his behalf, to submit a supplemental disclosure of interest form. Please complete the following, use additional sheets if necessary. a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenancy in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest: Name and Address % of Ownership N/A b. If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each: Name and Address % of Ownership Quail Creek Country Club, Inc. 13300 Valewood Dr., Naples, FL 34119 Jack Haugsland, Trishia Stites, Lisa Maguire, Curt Allen, Frank Balltore, 100% Gary Johnson, Timothy Schiller, Ken Tencza, William Starbuck c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest: Name and Address %of Ownership N/A 01/2023 Page 1 of 3 Collier County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 Phone: (239) 252-1036 I Email:GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners: Name and Address % of Ownership N/A e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a Corporation, Trustee, or a Partnership, list the names of the contract purchasers below, including the officers, stockholders, beneficiaries, or partners: Name and Address % of Ownership N/A Date of Contract: f. If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trust: Name and Address N/A g. Date subject property acquired 11-01-1982 Leased: Term of lease years/months If, Petitioner has option to buy, indicate the following: 01/2023 Page 2 of 3 Cott County Growth Management Community Development Department 2800 North Horseshoe Drive, Naples, Florida 34104 �.. Phone: (239)252-1036 I Email:GMDClientServices@colliercountyfl.gov www.colliercountyfl.gov Date of option: Date option terminates: , or Anticipated closing date: AFFIRM PROPERTY OWNERSHIP INFORMATION Any petition required to have Property Ownership Disclosure, will not be accepted without this form. Requirements for petition types are located on the associated application form.Any change in ownership whether individually or with a Trustee, Company or other interest-holding party, must be disclosed to Collier County immediately if such change occurs prior to the petition's final public hearing. As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is included in this submittal package. I understand that failure to include all necessary submittal information may result in the delay of processing this petition. *The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMD Portal: https://cvportal.coll iercountyfl.gov/cityviewweb Questions? Email: GMDclientservices@colliercountyfl.gov /s/Zachary W. Lombardo, Esq. 07/10/2025 Agent/Owner Signature Date Zachary W. Lombardo, Esq. Agent/Owner Name (please print) 01/2023 Page 3 of 3 GMCD Public Portal Collier County Land Development Code Administrative Code Addressing Checklist Please complete the following and upload via the CityView Portal with your submittal. Items marked with a } are required for every application, other items are optional and may not apply to every project. Forms are valid for 6 months following their submittal; an updated form will be required for a new submittal after that timeframe and any time the properties within the project boundary are modified. Applicant Contact Information 'Name of Owner/Agent: Zachary W. Lombardo, Esq. Firm [if agent]: Woodward, Pires & Lombardo, P.A. 'Address: 13300 Valewood Dr. City: Naples State: FL 'ZIP: 34119 'Telephone: c/o Agent Cell: do Agent Fax: do Agent *E-Mail Address: do Agent Location Information 'Folio (Property ID) Number(s) of the subject property or properties [Attach list if necessary]: 68590400000 'Legal Description of subject property or properties [Attach list if necessary]: Section 17, Township 48s, Range 26E; Quail Creek Unit 1 Street Address(es) where applicable, if already assigned: 13296 Valewood Drive, Naples, FL 34119 Addressing Checklist 6/14/2024 Page 1 of 2 Growth Management Community Development •Operations& Regulatory Management 2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•s\ Collier County Project Information Acceptance of this form does not constitute project and/or street name approval and is subject to further review by the Addressing Official. Pre-approval of project name and/or street name may be requested by contacting us at GMD Addressinq(a�colliercountyfl.go' or 239-252-2482 prior to your submittal. Current Project Name: Proposed Project Name: Quail Creek ROI Proposed Street Name: Latest Approved Project Number [e.g., SDP-9444, PPL-2002-AR-#1144, PL2017000####] Submittal Requirement Checklist Additional documents may be attached to this form and can include. Checkmark the items included with this application: Requirements for Review: Required: LOCATION MAP and/or SURVEY showing the proposed project boundary. IZI List of additional folio numbers and associated legal descriptions. 0 E-mail from Addressing Official for any pre-approved project and/or street names. ❑ The completed application, all required submittal materials, and fees shall be submitted to: Growth Management Community Development Department I GMCD Portal: https://cvportal.colliercountvfl.gov/citvviewweb Questions? Email: Front.Desk@colliercountyfl.gov Addressing Checklist 6/14/2024 Page 2 of 2 Growth Management Community Development•Operations&Regulatory Management 2800 North Horseshoe Drive•Naples,FL 34104•239-252-2400•v\ mint v IL.,,o, Exhibit " A " Ps 45 �92021 a2?�2Q JIM ti10 ti oCO ORDINANCE NO. 10 -23oe �': ram. 8[95fi£ZN' AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 3� AMENDING ORDINANCE NUMBER 04-41, AS AMENDED, THE ` _ . COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH rn INCLUDES THE COMPREHENSIVE LAND REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY PROVIDING FOR: SECTION ONE, RECITALS; SECTION TWO, FINDINGS OF FACT; SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE, MORE SPECIFICALLY AMENDING THE FOLLOWING: CHAPTER 1 - GENERAL PROVISIONS, INCLUDING SECTION 1.08.01 ABBREVIATIONS, SECTION 1.08.02 DEFINITIONS; CHAPTER TWO - ZONING DISTRICTS AND USES, INCLUDING TABLE OF CONTENTS, SECTION 2.01.00 GENERALLY, SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS, SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS, SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS, SECTION 2.03.07 OVERLAY ZONING DISTRICTS, SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS, 2.04.01 RULES FOR INTERPRETATION OF USES, SECTION 2.04.02 EFFECT OF APPROVALS UNDER THE ZONING REEVALUATION ORDINANCE, SECTION 2.04.03 RESERVED, SECTION 2.06.01 DENSITY STANDARDS AND HOUSING TYPES; CHAPTER THREE - RESOURCE PROTECTION, INCLUDING SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY, SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS, ADDING SECTION 3.04.03 REQUIREMENTS FOR PROTECTED PLANTS, SECTION 3.04.04 PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES, SECTION 3.05.07 PRESERVATION STANDARDS, SECTION 3.06.06 REGULATED WELLFIELDS; CHAPTER FOUR - SITE DESIGN AND DEVELOPMENT STANDARDS, INCLUDING SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS, SECTION 4.02.02 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS, SECTION 4.02.12 SAME - OUTDOOR STORAGE, SECTION 4.02.29 SAME-FARM MARKET OVERLAY SUBDISTRICT, SECTION 4.02.32 SAME—MAIN STREET OVERLAY SUBDISTRICT, SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT (MXD), SECTION 4.05.02 DESIGN STANDARDS, SECTION 4.05.04 PARKING SPACE REQUIREMENTS, SECTION 4.06.01 GENERALLY, SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS, SECTION 4.08.07 SRA DESIGNATION; CHAPTER FIVE - SUPPLEMENTAL STANDARDS INCLUDING TABLE OF Page 1 of 194 Words st Ic eagle are deleted, words underlined are added CONTENTS, SECTION 5.03.02 FENCES AND WALLS, SECTION 5.04.01 GENERALLY (TO BE PROVIDED) [RENAMED TO TEMPORARY USE PERMITS], SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS, SECTION 5.04.05 TEMPORARY EVENTS, SECTION 5.04.06 TEMPORARY SIGNS, SECTION 5.04.07 — ANNUAL BEACH EVENTS PERMITS, ADDING SECTION 5.04.08 [RESERVED], 5.05.05 AUTOMOBILE SERVICE STATIONS, SECTION 5.05.10 TRAVEL TRAILER AND RECREATIONAL VEHICLE PARK DESIGN STANDARDS, CHAPTER SIX — INFRASTRUCTURE IMPROVEMENTS AND ADEQUATE PUBLIC FACILITIES REQUIREMENTS, INCLUDING ADDING SECTION 6.02.09 PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE REQUIREMENTS, SECTION 6.06.05 CLEAR SIGHT DISTANCE; CHAPTER EIGHT — DECISION-MAKING AND ADMINISTRATIVE BODIES, INCLUDING SECTION 8.03.01 [PLANNING COMMISSION] ESTABLISHMENT; POWERS AND DUTIES, SECTION 8.03.02 MEMBERSHIP, SECTION 8.03.03 QUORUM AND VOTING, SECTION 8.03.04 RULES OF PROCEDURE, SECTION 8.03.05 COMPENSATION, SECTION 8.03.06 MEETINGS, SECTION 8.03.07 STAFF, SECTION 8.03.08 APPEALS, SECTION 8.04.01 [BOARD OF ZONING APPEALS] ESTABLISHMENT; POWERS AND DUTIES, 8.04.02 MEMBERSHIP, 8.04.03 QUORUM AND VOTING, SECTION 8.04.04 RULES OF PROCEDURE, SECTION 8.04.05 COMPENSATION, SECTION 8.04.06 MEETINGS, SECTION 8.05.01 [BUILDING BOARD OF ADJUSTMENTS AND APPEALS] ESTABLISHMENT AND PURPOSE, SECTION 8.05.02 POWERS AND DUTIES, SECTION 8.05.03 MEMBERSHIP, SECTION 8.05.04 QUORUM, SECTION 8.05.05 RULES OF PROCEDURE, SECTION 8.06.01 [ENVIRONMENTAL ADVISORY COUNCIL] ESTABLISHMENT, SECTION 8.06.02 PURPOSE, SECTION 8.06.03 POWERS AND DUTIES, SECTION 8.06.04 MEMBERSHIP, SECTION 8.06.05 QUORUM AND VOTING, SECTION 8.06.06 RULES OF PROCEDURE, SECTION 8.06.07 COMPENSATION, SECTION 8.06.08 MEETINGS, SECTION 8.06.09 EVALUATION OF THE EAC; SECTION 8.06.10 APPEAL, SECTION 8.07.01 [HISTORIC/ARCHAEOLOGIC PRESERVATION BOARD] ESTABLISHMENT, SECTION 8.07.02 POWERS AND DUTIES, SECTION 8.07.03 MEMBERSHIP, SECTION 8.07.04 COMPENSATION, SECTION 8.07.05 MEETINGS; CHAPTER TEN — APPLICATION, REVIEW, AND DECISION-MAKING PROCEDURES, INCLUDING SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS, SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS, SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS, SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS, SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY, SECTION 10.02.12 RESERVED Page 2 of 194 Words struck-tlre #are deleted. words underlined are added [RENAMED TO SUBMITTAL REQUIREMENTS FOR NON-PUD RESIDENTIAL REZONES], SECTION 10.02.13 PLANNED UNIT DEVELOPMENT (PUD) PROCEDURES, SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD, SECTION 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC OR THE GMP, SECTION 10.04.09 REQUEST FOR CONTINUANCE OF PUBLIC HEARING (RESERVED) [RENAMED TO SCHOOL CONCURRENCY PROCEDURES FOR REVIEW AND APPROVAL OF RESIDENTIAL SUBDIVISION PLAT AMENDMENTS]; APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS; SECTION FOUR, CONFLICT AND SEVERABILITY; SECTION FIVE, INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE; AND SECTION SIX, EFFECTIVE DATES. Recitals WHEREAS, on October 30, 1991, the Collier County Board of County Commissioners adopted Ordinance No. 91-102, the Collier County Land Development Code (hereinafter LDC), which was subsequently amended; and WHEREAS, the Collier County Board of County Commissioners (Board) on June 22, 2004, adopted Ordinance No, 04-41, which repealed and superseded Ordinance No. 91-102, as amended, the Collier County Land Development Code, which had an effective date of October 18, 2004; and WHEREAS, the LDC may not be amended more than two times in each calendar year unless additional amendment cycles are approved by the Collier County Board of Commissioners pursuant to Section 10.02.09 A. of the LDC; and WHEREAS, this is the first amendment to the LDC for the calendar year 2010; and WHEREAS, on March 18, 1997, the Board adopted Resolution 97-177 establishing local requirements and procedures for amending the LDC; and WHEREAS, all requirements of Resolution 97-177 have been met; and WHEREAS, the Board of County Commissioners, in a manner prescribed by law, did hold advertised public hearings on May 17, 2010 and June 2, 2010 and June 8, 2010 and did take action concerning these amendments to the LDC; and Page 3 of 194 Words st.• '�.ough are deleted, words underlined are added WHEREAS, the subject amendments to the LDC are hereby determined by this Board to be consistent with and to implement the Collier County Growth Management Plan as required by Subsections 163.3194 (1) and 163.3202 (1), Florida Statutes; and WHEREAS, this ordinance is adopted in compliance with and pursuant to the local government comprehensive planning and land development regulation act (F.S. § 163.3161 et seq.), and F.S. § 125.01(1)(t) and (1)(w); and WHEREAS, this ordinance is adopted pursuant to the constitutional and home rule powers of Fla. Const. Art. VIII, § 1(f); and WHEREAS, all applicable substantive and procedural requirements of the law have otherwise been met. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: RECITALS The foregoing Recitals are true and correct and incorporated by reference herein as if fully set forth. SECTION TWO: FINDINGS OF FACT The Board of Commissioners of Collier County, Florida, hereby makes the following findings of fact: 1. Collier County, pursuant to Sec. 163.3161, et seq., Fla. Stat., the Florida Local Government Comprehensive Planning and Land Development Regulations Act (herein after the "Act"), is required to prepare and adopt a comprehensive plan. 2. After adoption of the Comprehensive Plan, the Act and in particular Section 163.3202(1). Fla. Stat., mandates that Collier County adopt land development regulations that are consistent with and implement the adopted comprehensive plan. 3. Section 163.3201, Fla. Stat., provides that it is the intent of the Act that the adoption and enforcement by Collier County of land development regulations for the total unincorporated area shall be based on, be related to, and be a means of implementation for, the adopted comprehensive plan. 4. Section 163.3194(1)(b), Fla. Stat., requires that all land development regulations enacted or amended by Collier County be consistent with the adopted comprehensive plan, or element or portion thereof, and any land regulations existing at the time of adoption which are not consistent with the adopted comprehensive plan, or element or portion thereof, shall be amended so as to be consistent. Page 4 of 194 Words stFuelE-threueh are deleted. words underlined are added 5. Section 163.3202(3), Fla. Stat., states that the Act shall be construed to encourage the use of innovative land development regulations. 6. On January 10, 1989, Collier County adopted the Collier County Growth Management Plan (hereinafter the "Growth Management Plan" or "GMP") as its comprehensive plan pursuant to the requirements of Sec. 163.3161 et seq., Fla. Stat., and Rule 9J-5 F.A.C. 7. Section 163.3194(1)(a), Fla. Stat., mandates that after a comprehensive plan, or element or portion thereof, has been adopted in conformity with the Act, all development undertaken by, and all actions taken in regard to development orders by, governmental agencies in regard to land covered by such comprehensive plan, or element or portion thereof shall be consistent with such comprehensive plan or element or portion thereof. 8. Pursuant to Sec. 163.3194(3)(a), Fla. Stat., a development order or land development regulation shall be consistent with the comprehensive plan if the land uses, densities or intensities permitted by such regulation are compatible with and further the objectives, policies, land use densities and intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 9. Section 163.3194(3)(b), Fla. Stat., requires that a development approved or undertaken by a local government shall be consistent with the comprehensive plan if the land uses, densities or intensities, capacity or size, timing, and other aspects of development are compatible with, and further the objectives, policies, land uses, densities, or intensities in the comprehensive plan and if it meets all other criteria enumerated by the local government. 10. On October 30, 1991, Collier County adopted the Collier County Land Development Code, which became effective on November 13, 1991 and may be amended twice annually. The Land Development Code adopted in Ordinance 91-102 was recodified and superseded by Ordinance 04-41. 11. Collier County finds that the Land Development Code is intended and necessary to preserve and enhance the present advantages that exist in Collier County; to encourage the most appropriate use of land, water and resources consistent with the public interest; to overcome present handicaps; and to deal effectively with future problems that may result from the use and development of land within the total unincorporated area of Collier County and it is intended that this Land Development Code preserve, promote, protect and improve the public health, safety, comfort, good Page 5 of 194 Words atrntk thrn^nii Are deleted wnrrlc iinriPrlinPrl two lrirlPri order, appearance, convenience and general welfare of Collier County; to prevent the overcrowding of land and avoid the undue concentration of population; to facilitate the adequate and efficient provision of transportation, water, sewerage, schools, parks, recreational facilities, housing and other requirements and services; to conserve, develop, utilize and protect natural resources within the jurisdiction of Collier County; to protect human, environmental, social and economic resources; and to maintain through orderly growth and development, the character and stability of present and future land uses and development in Collier County. 12. It is the intent of the Board of County Commissioners of Collier County to implement the Land Development Code in accordance with the provisions of the Collier County Comprehensive Plan, Chapter 125, Fla. Stat., and Chapter 163, Fla. Stat., and through these amendments to the Code. SECTION THREE: ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE SUBSECTION 3.A. AMENDMENTS TO SECTION 1.08.01 ABBREVIATIONS Section 1.08.01 Abbreviations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.01 Abbreviations * * * * * * * * * * * * CSA Concurrence Service Areas * * * * * * * * * * * * FISH Florida Inventory of School Houses * * * * * * * * * * * * SCADL School Capacity Availability Determination Letter * * * * * * * * * * * * SIA School Impact Analysis * * * * * * * * * * * * Page 6 of 194 Words stRK-k-tlkr-eugh are deleted, words underlined are added SUBSECTION 3.B. AMENDMENTS TO SECTION 1.08.02 DEFINITIONS Section 1.08.02 Definitions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 1.08.02 Definitions w * * • * * * * * * * Ancillary Facility: A building or other facility necessary to provide district-wide support services, such as an energy plant bus garage, warehouse, maintenance building, and/or administrative building. * * * * * * * * * * * * Concurrency Service Area (CSA): A geographic area in which the level of service standard for each type of school is measured when an application for residential development is reviewed for school concurrency purposes. * * * * * * * * * * * * Dwelling, multi-family: A group of 3 or more dwelling units within a single building. For purposes of determining whether a lot is for multi-family dwelling use, the following characteristics shall be considered: a. Multiple-family dwelling uses may involve dwelling units intended to be rented and maintained under central ownership and management, or cooperative apartments, or condominiums, and the like and may include the fee ownership of land beneath each dwelling unit following development from a common base of ownership. For purposes of differentiating between multi-family residential dwelling units and other similar or related uses, and for density calculations purposes, the following shall apply: a. Any multiple-family dwelling in which dwelling units are available for rental for periods of less than one week shall be considered a tourist home, a motel, motor hotel, or hotel, as the case may be, and shall only be permitted in districts where specifically designated. b. Timeshare estate facilities shall be considered as intended primarily for transient occupancy and shall only be permitted in districts where specifically designated. C. Guesthouses and employee quarters shall not be considered as dwelling units in the computation of density. * * * * * * * * * * * * Page 7 of 194 Words stk ,are deleted, words underlined are added Florida Inventory of School Houses (FISH) — Permanent Capacity: The report of the permanent capacity of existing public school facilities. The FISH capacity is the number of students that may be housed in a facility (school) at any given time based on a percentage of the total number of existing student stations and a designated size for each program. * * * * * * * * * * * * Lot, corner. A lot located at the intersection of two or more streets. A lot abutting a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees. * * * * * * * * * * * * Lot, interior: A lot other than a corner lot, with only one frontage on a street. See Figure 8. * * * * * * * * * * * * Lot, through: A lot other than a corner lot, with frontage on more than one street. Through lots abutting two streets are considered double-frontage lots. See Figure 8. * * * * * * * * * * * * School Capacity Availability Determination Letter(SCADL): Based upon a School Impact Analysis (SIA), a letter prepared by the School District, identifying if school capacity is available to serve a residential project, if capacity exists for each school type, and whether the proposed development is conceptually approved or vested. * * * * * * * * * * * * School Impact Analysis (SIA): A detailed report which evaluates a development plan for a proposed residential development and identifies the anticipated student impact from the development on the level of service standard within the Concurrency Service Area for each school type. * * * * * * * * * * * * street and doce * * * * * * * * * * * * Timeshare estate: Any interest in a dwelling unit under which the exclusive right of use, ownership, possession, or occupancy of the unit circulates among the various Page 8 of 194 Words struck throe i are deleted. words underlined are added owners of timeshare estates in such unit in accordance with a fixed time schedule on a periodically recurring basis for a period of time established by such schedule. Timeshare estate facility: Any dwelling in which timeshare estates have been created. Timeshare unit: A dwelling unit in which timeshare estates have been created. * * * * * * * * * * * * Vegetation, native: Native vegetation means native southern Floridian species as determined by accepted valid scientific references such as those listed identified in section 4.06.05G. 0 * * * * * * * * * * * * 2008 Interlocal Agreement: the Interlocal Agreement between the Collier County School Board and Collier County as recorded in Official Record Book 4492, Page 1107, et sea., which bears an effective date of October 14, 2008, establishing processes for public school facility planning and public school concurrency. * * * * * * * * * * * * X. X ., ;I r:OHr'n, K_�-1 ,noTE• Nioroe owcX to s 1 o TNnoucN E /l !1C IMG I EV UT X H: LoT i i /// I r, ..��l OT I wlurN NiLk�p'<i LA..- I it / "� k)TIINX: • T XETIU rU�LbIN.SETB4l IRE' INI Figure 8 * * * * * * * * * * * * Page 9 of 194 Words str-uekr-tlifou #are deleted- words underlined are added SUBSECTION 3.C. AMENDMENTS TO CHAPTER 2 ZONING DISTRICTS AND USES— TABLE OF CONTENTS Chapter 2 Zoning Districts and Uses Table of Contents, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: CHAPTER 2 ZONING DISTRICTS AND USES 2.01.00 Generally 2.01.01 Purpose 2.01.02 Miscellaneous Structures 2.01.03 Essential Services 2.01.04 Polling Places 2.02.00 Establishment of Zoning Districts 2.02.01 Establishment of Official Zoning Atlas 2.02.02 District Nomenclature 2.02.03 Prohibited Uses 2.02.04 Continuation of Provisional Uses 2.03.00 Zoning Districts; Permitted Uses, Accessory Uses, and Conditional Uses 2.03.01 Agricultural Zoning Districts 2.03.02 Residential Zoning Districts 2.03.03 Commercial Zoning Districts 2.03.04 Industrial Zoning Districts 2.03.05 Civic and Institutional Zoning Districts 2.03.06 Planned Unit Development Districts 2.03.07 Overlay Zoning Districts 2.03.08 Rural Fringe Zoning Districts 2.03.09 Open Space Zoning Districts 2.03.10 Districts Under Moratorium IReservedj 2.04.00 Reserved 2.04.01 --Rulos-fec-I-Fiter-pretatian-Gf-Uses 2.04.03 Reserved 2.05.00 Density Standards 2.05.01 Density Standards and Housing Types 2.05.02 Density Blending 2.06.00 Affordable Housing Density Bonus 2.06.01 Generally 2.06.02 Purpose and Intent 2.06.03 AHDB Rating System 2.06.04 Limitations on Affordable Housing Density Bonus 2.06.05 Affordable Housing Density Bonus Monitoring Program 2.06.06 Violations and Enforcement 2.07.00 Reserved Page 10 of 194 Words ^ thcaugh are deleted, words underlined are added * * * * * * * * * * * * SUBSECTION 3.D. AMENDMENTS TO SECTION 2.01.00 GENERALLY Section 2.01.00 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.01.00 GENERALLY replacement of parts: or--do net meet-t„e Florida Safety-Gede; ef-d " ve homes,-major and the street. 1. Such recreational equipment may be parked upon the premisoc of tho 2. Nonresident: Such car, trailer,- bus or--motor home, when used for , Page 11 of 194 Words snicksrnmli-through are deleted,words underlined are added street side thereof. This does not allow for living, sleeping, or 3 — a. The vehicle and/or equipment is engaged in a construction or street ry seing the let var�.z. b^ 1'he vehicle is narked in the. rn f th a t J 2.03.07 M. districts permitting such use and at facilities within such districts for-suGh-use. Page 12 of 194 Words struck�u"are deleted, words underlined are added 2.01.01 - PURPOSE It is the intent and purpose of this Chapter to establish and adopt zoning districts to govern the use of land and water in the unincorporated areas of Collier County, Florida. * * * * * * * * * * * * SUBSECTION 3.E. AMENDMENTS TO SECTION 2.03.01 AGRICULTURAL ZONING DISTRICTS Section 2.03.01 Agricultural Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.01 Agricultural Zoning Districts. * * * * * * * * * * * * B. Estate District(E). The purpose and intent of the estates district (E) is to provide lands for low density residential development in a semi-rural to rural environment, with limited agricultural activities. In addition to low density residential development with limited agricultural activities, the E district is also designed to accommodate as conditional uses, development that provides services for and is compatible with the low density residential, semi-rural and rural character of the E district. The E district corresponds to and implements the estates land use designation on the future land use map of the Collier County GMP, although, in limited instances, it may occur outside of the estates land use designation. The maximum density permissible in the E district shall be consistent with and not exceed the density permissible or permitted under the estates district of the future land use element of the Collier County GMP as provided under the Golden Gate Master Plan. 1. The following subsections identify the uses that are permissible by right and the uses that are allowable as accessory or conditional uses in the estates district (E). * * * * * * * * * * * b. Accessory Uses. 1. Uses and structures that are accessory and incidental to uses permitted as of right in the (E) district. 2. Field crops raised for the consumption by persons residing on the premises. Page 13 of 194 Words stru.sk--throught are deleted, words underlined are added 3. Keeping of fowl or poultry, not to exceed 25 in total number, provided such fowl or poultry are kept in an enclosure located a minimum of 30 feet from any lot line, and a minimum of 100 feet from any residence on an adjacent parcel of land. 4. Keeping of horses and livestock (except for hogs), not to exceed two such animals for each acre, and with no open feedlots. Any roofed structure for the shelter and feeding of such animals shall be a minimum of 30 feet from any lot line and a minimum of 100 feet from any residence on an adjacent parcel of land. On lots/parcels of 1.25 acres and greater, section 5.04.05 D.1. provides for the issuance of a 16-week temporary use permit (TUP) to keep a maximum of 2 hogs while engaged in a bona fide 4-H youth development program. * * * * * * * * * * * * SUBSECTION 3.F. AMENDMENTS TO SECTION 2.03.03 COMMERCIAL ZONING DISTRICTS Section 2.03.03 Commercial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.03 Commercial Zoning Districts * * * * * * * * * * * * F. Travel Trailer-Recreational Vehicle Campground District (TTRVC). The 1. Purpose and intent. The provisions of this district are intended to apply to trailer lots for travel trailers, park model travel trailers and recreational vehicles, not exceeding 460 500 square feet in gross floor area. Such trailer lots are intended to accommodate travel trailers, model travel trailers, pickup coaches, motor homes, and other vehicular accommodations which are suitable for temporary habitation, used for travel, vacation, and recreational purposes. Campsites are intended to accommodate temporary residency while camping, vacationing or recreating, TTRVC vehicles may be permanently located on a lot; however, no person or persons may occupy said vehicles as permanent places of residence. Page 14 of 194 Words struck-through are deleted, words underlined are added * * * * * * * * * * * * SUBSECTION 3.G. AMENDMENTS TO SECTION 2.03.04 INDUSTRIAL ZONING DISTRICTS Section 2.03.04 Industrial Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.03.04 Industrial Zoning Districts A. Industrial District (I). The purpose and intent of the Industrial district (I) is to provide lands for manufacturing, processing, storage and warehousing, wholesaling, and distribution. Service and commercial activities that are related to manufacturing, processing, storage and warehousing, wholesaling, and distribution activities, as well as commercial uses relating to automotive repair and heavy equipment sales and repair are also permissible in the I district. The I district corresponds to and implements the industrial land use designation on the future land use map of the Collier County GMP. 1. The following uses, as identified within the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as a right, or as accessory or conditional uses within the industrial district (I). a. Permitted uses. * * * * * * * * * * * * 54. Existing retail uses that were in operation on January 1, 2009, in the Industrial zoning district and which have been continuously and conspicuously operating in the Industrial zoning district as of [the date of adoption of this amendment], without limitation as to square footage of the retail use. These existing retail businesses shall be treated as legal non-conforming uses in accordance with the WC, provided however that in the event of destruction or damage due to natural disaster, the structures housing such uses may be rebuilt to their pre-disaster condition. * * * * * * * * * * * * SUBSECTION 3.H. AMENDMENTS TO SECTION 2.03.07 OVERLAY ZONING DISTRICTS Section 2.03.07 Overlay Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 15 of 194 Words str-u^ gh are deleted, words underlined are added 2.03.07 Overlay Zoning Districts * * * * * * * * * * * * D. Special Treatment Overlay (ST). * * * * * * * * * * * * 4. Transfer of Ddevelopment Rights (TDR). * * * * * * * * * * * * c. TDR credits from RFMU sending lands: General Provisions * * * * * * * * * * * * ii. Creation of TDR Bonus credits. TDR Bonus credits shall only be generated from RFMU sending land property from which TDR credits have been severed. The three types TDR Bonus credits are as follows: * * * * * * * * * * * * c) Early Entry Bonus credits. Early Entry Bonus credits shall be generated at a rate of 1 additional credit for each TDR credit that is severed from RFMU sending land for the period from March 5, 2004 2005, until March 27, 2012 €tef Early Entry Bonus credits shall cease to be generated after the termination of this early entry bonus period. However, Early Entry Bonus credits may continue to be used to increase density in RFMU and non-RFMU Receiving Lands after the termination of the Early Entry Bonus period. * * * * * * * * * * * * f. Procedures applicable to the severance and redemption of TDR credits and the generation of TDR Bonus credits from RFMU sending lands. * * * * * * * * * * * * ii. In order to facilitate the County's monitoring and regulation of the TDR Program, the County shall serve as the central registry for all TDR severances, transfers (sales) and redemptions, as well as maintain a public listing of TDR credits available for sale along with a listing of purchasers seeking TDR credits. No TDR credit generated from RFMU sending lands may be utilized to increase density in any area unless the following procedures are complied with in full. _ * * * * * * * * * * * * b) TDR Bonus credits shall not be used to increase density in either non-RFMU receiving areas or Page 16 of 194 Words stxusli-thr-ough are deleted,words underlined are added RFMU receiving lands until a TDR credit certificate reflecting the TDR Bonus credits is obtained from the County. 1) Early Entry Bonus credits. All TDR credit certificates issued by the County for the period from the effective date of this provision until March 27, 2012 three—years shall include one Early Entry Bonus credit or fractional Early Entry Bonus credit for each TDR credit or fractional TDR credit reflected on the TDR credit certificate. Where TDR credits were severed from March 5, 2004, until the effective date of this provision, the County shall, upon receipt of a copy of the TDR credit certificate reflecting those previously severed TDR credits, issue a TDR credit certificate entitling Early Entry Bonus credits equal in number to the previously severed TDR credits. * * * * * * * * * * * * G. Immokalee Urban Overlay District. To create the Immokalee Urban Overlay District with distinct subdistricts for the purpose of establishing development criteria suitable for the unique land use needs of the Immokalee Community. The boundaries of the Immokalee Urban Overlay District are delineated on the maps Map-1- below. Page 17 of 194 Words struc'r,�g;are deleted, words underlined are added IMMOKALEE OVERLAY DISTRICT Va.".CM.roma. A.31$10 ./. no F .--. 1lo 'f'1114V.,... - C-3or4'1\ oo " •.... .tr• „ ,. 4., .--..'i .., .4,, t., +._ at; li i 46 11. '- 'W." .' : I-Is' rf* . Pt. :SI r'' 1 16` ',: <, aef/ 7 ;2—'4-:----,!, J----1 1. 1 k /1.,• \ ilk zzrz.-:.• E:.•.2 • 0,: I it.fir rj, - 1 -•-•••••• 4....01.1.111.1' I .,:-;V....-.••Z4 '4 .=...z..:2' ...•-•- ........... .m. i nr,Ara:::... - •, . 11. : . ,,,11•• attrr.1,.,• - ! fi'll -', I I '•'• i ; • ----___I A-3.11/0 ... „, •Ime •." 31,4 1. A.MRS 1 ....41':...•.11:71-1•771ki9:Fir:€7.-- - [Replace existing lmmokalee Overlay Map with the following two maps." Page 18 of 194 Words str-uc-k41,3rowi44 are deleted wortic linderlined aro qtirled IMMOKALEE URBAN AREA OVERLAY WEST HALE z U 5 A-MHO I'pAd PUD -......�_-,j VR H, STCLOX SS RSF•644E._1 . •RSF 3 I RN.ie "� MW(9) i CF i .A_._. R I T RSF 1 "'T�. I• PUD A-MH• i - VR RMF-0 C Ay 2 •.... -•n LAKE tkAFFdgQ,,l r C RSF-3 A-MHOAIFT RSF S I VR I I LIy PUP ! i� -RP"-0 PUD ; MH I i PUD '? PI P LAKE Iva• ' . �RSFRB -4 TRAFFORD J j RSF A-MHO I } •... 1--RMF16 •RMF-0� -.VR. IA.MH9 .. VR E' I"PUD RSF-4 Lu z J Page 19 of 194 Words strusli-tlire+g#are deleted.words underlined are added R� i IMMOKALEE URBAN AREA OVERLAY Li EAST HALF z iz g PUD ' IMMOKALEE REGIONAL / AIRPORT SF-3 I /� .' 6 `'RSFw - I �/ IR .. RMF-4..:-:a I P I // A-MHO . . .' .-<, ,.,!' .... ..,.., _._-.it'll"--. .,-..YO RSF3 L_.. C- 11j '.1-2 cj 1 I ' RMF-0 VR -..`C 5 M f 1 C-5 P • I ,...RMF-10 VIl 1 RMF-0. MH I I { RMF-10(13), I.4 P .i-'A4M� mr t A-MHO VRRpo 1 ( � i eivR ,'•4,. RMF_Q ._a • ` PUD • \ Sf RSPB' m PU. N1 I a N , I 1 A-MHOI IL z J x I- 44 a 2 * * * * * * * * * * * * Page 20 of 194 Words Se:ick thro.,Th Are,dPIPtPd wr rl1¢1inrIPrl inari nra nrirlari 7. Interim Deviations: Property owners within the Immokalee Urban Overlay District may request deviations from specific dimensional requirements as described in this section. A deviation request may be reviewed administratively or by the Planning Commission depending upon its scope. This section addresses the permissible deviations, limitations thereon, and the review process. a. Review Process. Insubstantial deviations will be reviewed administratively by the County Manager or designee. Substantial deviations will be reviewed by the Planning Commission. This section is not intended to replace the current established process of requesting deviations through the PUD rezoning process. Any deviations from the LDC which are not expressly provided for in this section shall be processed as variances in accordance with Section 9.04.00 of the LDC. b. Concurrent Deviation Application required. All deviation requests shall be made concurrently with an application for an SDP or amendment, SIP or amendment or Final Subdivision Plat, or in the case of sign deviations, with a building permit. The applicant shall list all requested deviations on the required site plan(s), and shall depict the deviation(s) graphically on the plan(s). Additional graphic information may also be required by staff, on a case-by case basis. c. Insubstantial Deviations. Requested deviations that do not exceed 10 percent of the required dimension, amount, size, or other applicable dimensional standard, with the exception of the required number of parking spaces, which may not exceed 20 percent of the LDC requirement (not more than 10 spaces), are insubstantial. To be approved, the following criteria must be considered: The proposed deviation is compatible with adjacent land uses and structures, achieves the requirements of the regulations as closely as is practicable, and meets the intent of the related Land Development Code regulations: and ii. The applicant proposes equitable tradeoffs for the proposed diminution in development standards, such as increased open space, landscaping, pedestrian spaces, buffering or architectural features, in order to meet the intent of the regulation being diminished. d. Substantial Deviations. Requested deviations that do not qualify as insubstantial deviations are substantial deviations: Considerations for Review and Approval: The CCPC shall consider the following: Page 21 of 194 Words struck t ui h are deleted_ words underlined are added a) Whether or not the proposed deviation is compatible with adjacent land uses and achieves the requirements and/or intent of the regulations as closely as is practicable; and b) Whether the proposed deviation is the minimum amount necessary to allow for reasonable use of the property and/or address the issue necessitating the deviation request; and c) Whether the reduced or increased standard requested by the deviation is mitigated for, either on the subject site or by providing a public benefit on the subject site. Examples of such on-site mitigation include but are not limited to: increasing setbacks from the adjacent road right-of-way when proposing to deviate from sign size limitations; increasing plantings or planting sizes or installing a fence or wall where a reduced buffer width is proposed; providing public pedestrian and/or bicycle pathway easements or other similar mobility improvements including transit enhancements; providing public parking; providing beautification in the public realm, including street trees, street furniture, lighting and other similar public benefits. e. Applicability — List of Development Standards Eligible for Deviation Requests. Property owners shall be eligible to seek a deviation from the dimensional requirements of the following Code provisions, unless otherwise noted. 2.03.01 Agricultural Zoning Districts, limited to subsection A.1.b.4.ii. ii. 2.03.03 Commercial Zoning Districts, limited to the following subsections: A.1.c.11.vii. limited to a maximum of three stories,_viii., and ix.; and b) E.1.c.4.iv. iii. 2.03.04 Industrial Zoning Districts, limited to subsection A.1.c.2.iv., minimum lot area only. iv. 3.05.07 B.1 Preservation Standards, Specific Standards Applicable Outside the RMFU and RLSA districts, Required Preservation Percentages (Table 1 inset). v. 4.02.01 A Dimensional Standards for Principal Uses in Base Zoning Districts: Page 22 of 194 Words str-ue-k-thf&agli are deleted,words underlined are added a) Table 1. Lot Design Requirements for Principal Uses in Base Zoning Districts; b) Table 2. Building Dimension Standards for Principal Uses in Base Zoning Districts, excluding building height and in the case of commercial parcels, no deviation shall be granted, for new development, from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right- of-way and the off-street parking area for new development, but deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain; c) Table 2.1 - Table Of Minimum Yard Requirements (Setbacks) for Base Zoning Districts. vi. 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts, limited to subsection E (Table Inset), except building height. vii. 4.02.03 A Specific Standards for Location of Accessory Buildings and Structures, Dimensional Standards (Tables 3 and 4), except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of-way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. viii. 4.02.03 B Accessory Building Lot Coverage. ix. 4.02.27 C Specific Design Standards for the Immokalee-- State Road 29A Commercial Overlay Subdistrict, Building Design Standards. x. 4.02.28 A Same--Jefferson Avenue Commercial Overlay Subdistrict, Building Design Standards. xi. 4.02.29 A Same--Farm Market Overlay Subdistrict, Dimensional Standards. xii. 4.02.32 Same--Main Street Overlay Subdistrict, limited to the following subsections: A.; C.1; D.3 and D.4; and E.1, E.2, and E.3. Page 23 of 194 Words stru^ gh are deleted, words underlined are added xiii. 4.05.04 H (Spaces Required) Table 17 and 4.05.06 B Loading Space Requirements, utilizing the existing administrative deviation process set forth in LDC Section 4.05.04 G.2., recognizing that the reduced need for off- street parking in lmmokalee may be offered as a viable basis for such administrative deviation. xiv, 4.06.02 C Buffer Requirements (limited to required width) except that in the case of new development on commercial parcels, no deviation shall be granted from the required 50-foot building setback when abutting residentially zoned properties, or from the minimum 10-foot wide landscaped strip between the abutting road right-of- way and the off-street parking area. Deviations from these requirements may be considered in the case of redevelopment where existing structures and/or encroachments are proposed to remain. xv. 4.06.03 B Landscaping Requirements for Vehicular Use Areas and Rights-of-Way, Standards for Landscaping in Vehicular Use Areas. xvi. 4.06.05 B General Landscaping Requirements, Landscaping requirements for industrial and commercial development, limited to subsection B.3. xvii. 4.06.05 C General Landscaping Requirements, Building Foundation Planting Requirements (including Table Inset). xviii. 5.05.08 C Architectural and Site Design Standards, Building Design Standards. Deviations from non- dimensional provisions of this section are also allowed as substantial deviations. xix. 5.05.08 D Design Standards for Specific Uses. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. xx. 5.05.08 E Architectural and Site Design Standards, Site Design Standards, limited to subsections 1.b; 2; 3; 4; 5 and 7. Deviations from non-dimensional provisions of this section are also allowed as substantial deviations. Note: Nothing in LDC Section 5.05.08, Architectural and Site Design Standards, shall be deemed to prohibit the use of murals on exterior walls of commercial buildings in the Immokalee Urban Overlay District, provided that: 1) such murals are reviewed and accepted by the Collier County Redevelopment Agency staff; and 2) such murals do not contain text for the purpose of advertising any business or commercial activity. Page 24 of 194 Words struck-di-rough are deleted,words underlined are added xxi. 5.06,04 Development Standards for Signs in Nonresidential Districts, limited to subsection F. f. Duration of these provisions. These provisions are interim in nature and will be in effect until the earlier of either the effective date of the Comprehensive Immokalee Overlay LDC amendments or 24 months from fthe effective date of this ordinance]. An extension of these provisions may be granted by the BCC by Resolution if the BCC deems an extension is warranted. q. Public Notice. Public notice, including signage, notice to property owners and an advertised public hearing, is required for substantial deviation requests and shall be provided in accordance with the applicable provisions of Section 10.03.05 BL for Variances. h. Appeals. Within 30 days of the issuance of the decision of staff or of the CCPC, the owner or any aggrieved person may appeal the decision to the Board of Zoning Appeals pursuant to Section No. 250-58 of the Codes of Laws and Ordinances. * * * * * * * * * * * * Bayshore Mixed Use Overlay District. Special conditions for the properties adjacent to Bayshore Drive as referenced on BMUD Map 1; and further identified by the designation "BMUD" on the applicable official Collier County Zoning Atlas Map or map series. * * * * * * * * * * * * 6. Bayshore Mixed Use District (BMUD) Subdistricts a. Neighborhood Commercial Subdistrict (NC). The purpose and intent of this subdistrict is to encourage a mix of low intensity commercial uses and residential uses (see 2.03.07 1.6. Tables 1 and 2). Developments will be human-scale and pedestrian- oriented. For mixed use projects only, subject to the MUP approval process in section 2.03.07 1.3., refer to Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. b. Waterfront Subdistrict (W). The purpose of this subdistrict is to allow maximum use of the waterfront for entertainment while enhancing the area for use by the general public. Development standards for the district are the same as those set forth for the Neighborhood Commercial Subdistrict, except for the standards Page 25 of 194 Words struck thrn.,c1i are deleted words underlined are added set forth in section 4.02.17. For mixed use projects only, subject to the MUP approval process in section 2.03.07 1.3., refer to subsection 2.03.07 1.6. Tables 1 and 2 for permitted uses. Otherwise, permitted uses are in accordance with the underlying zoning district. * * * * * * * * * * * Table 1. Permissible Land Uses in BMUD Mixed Use Subdistricts P= permitted E = permitted with certain exceptions Blank cell = prohibited (also see table of conditional and accessory uses) E o N o `0 SIC Code -E Z Ii zy 7 o o Land Use Type or Category m co m * * * * * * * * Performing Arts Theater 7922 PE 8 * * * * * * * * NOTES FOR TABLE 1 * * * * * * * * * * * 8 Performance seating limited to-200 500 seats. * * * * * * * * * * * J. Goodland Zoning Overlay (GZO). To create design guidelines and development standards that will assure the orderly and appropriate development in the unincorporated area generally known as Goodland. The Goodland Zoning Overlay district (GZO) is intended to provide regulation and direction under which the growth and development of Goodland can occur with assurance that the tropical fishing village and small town environment of Goodland is protected and preserved, and that development and/or redevelopment reflect the unique residential and commercial characteristics of the community. The boundaries of the Goodland Zoning Overlay district are delineated on Map 1 below. * * * * * * * * * * * * 4. Storage sheds. Parcels located off of Bayshore Way are allowed to retain any sheds that were constructed prior to October 17, 2003. Storage Page 26 of 194 Wnrrlc are deleted wnrdc underlined are added sheds for fishing and boat equipment on the boat dock parcels off of Bayshore Way constructed after October 17, 2003 are permissible if they comply with the following requirements: a. The appropriate building permit must be obtained. b. Bayshore drive-Way setback: ten feet. c. Waterfront setback: ten feet. d. Side yard setback: 0 feet. e. Maximum size of shed: 144 square feet. * * * * * * * * * * * * SUBSECTION 3.1. AMENDMENTS TO SECTION 2.04.00 PERMISSIBLE, CONDITIONAL AND ACCESSORY USES IN ZONING DISTRICTS/ RESERVED Section 2.04.00 Permissible, Conditional and Accessory Uses in Zoning Districts/ Reserved, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.04.00 Reserved 7 0 02 Effect of Approvals I lnder th Zoning Reevaluation Ordinance * * * * * * * * * * * * Page 27 offt 194 U/nrrlc rtr•cl,t�r�••�h arc.ri.lc•tp,1 wnrcic.mrlwrlinpA arc.aci lc./.) SUBSECTION 3.J. AMENDMENTS TO SECTION 2.05.01 DENSITY STANDARDS AND HOUSING TYPES Section 2.05.01 Density Standards and Housing Types, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 2.05.01 Density Standards and Housing Types A. Where residential uses are allowable, the following density standards and housing type criteria shall apply. N Housing °; Maximum Type: �, v .c Density 2, a) �' (units Zoning T w E a ' District: E v; >. o _ per gross ,as 0 _ _ ti3 ro .2acre) N C Lo_ 2 sa N 6) a 3 •= co a) E E .(1) 0 H M 3 0 U f— GC Two 0.2 (1 A ✓ S ✓ unit per 5 acres) 0.44 (1 E ✓ ✓ unit per 2.25 _ acres) RSF-1 ✓ ,/ ,/ 1 RSF-2 ✓ ✓ ,/ 2 RSF-3 J ✓ ✓ 3 RSF-4 ✓ ✓ if 4 RSF-5 ✓ ✓ ✓ 5 RSF-6 ✓ ✓ ✓ 6 RMF-6 ✓ ✓ ✓ / ✓ ✓ 6 RMF-12 S ✓ ,' ✓ 12 RMF-16 ✓ ✓ 16 RT 31-7 ✓ 26 Page 28 of 194 Words&truck-thr-otw4 are deleted. wnrdc nnderlinPd are added RT 4" J / J 16 RT 517 ✓ ✓ ✓ 16 VR 6 ✓ ✓ ✓ 7.26 VR ' ✓ 1 8.71 VR e ✓ ✓ 14.52 . T , MH 9 ✓ One 7.26 TTRVC One J 12 C-1 10 One 16 C-2 1° One 16 C-3 10 On 16 C-4 One C-5 One I One BP One 0.2 (1 unit per 5 acres) CON 11 ✓ 0.33 (1 unit per 3 acres) Big Cypress BMUD t2 S SSS 12 GTMUD 12 S SSS 12 R-1 ✓ J J J R-2 / ✓ I / GZO Per underlying zoning district 16 for timeshare. mf& VB-RTO11 I ✓ ✓ twnhses; 26 for hotels and motels Per GGDCCO underlying zoning district Page 29 of 194 Wnrrlc ctr..r4 thr,,...,k.ra .lalatcnl lunrric nnilwrlinarl era nAAaA 0.025 (1 RFMU 13 ✓ J 18 unit per 40 acres) 0.2 (1 unit RFMU 14 ✓ J J if of 16 ✓ ,/ J per 5 acres) 0.2 (1 unit RFMU 15 ✓ ✓ ✓ ✓ 118 ✓ ✓ ✓ / per 5 acres) 0.2 (1 unit MHO ✓ per 5 acres) Legend: S = permitted subject to supplemental standards ' Recreational vehicles include travel trailers, park models, pickup coaches, and motor homes. 2 Density is calculated as the number of residential dwelling units per gross acre (see definition of density, residential). Generally, in all zoning districts except for A, E and CON, this indicates the maximum allowable density, including any applicable density bonuses per the density rating system in the growth management plan. Density may be restricted by the board of county commissioners at the time of rezoning to something less than the maximum, as indicated parenthetically on the official zoning atlas maps. For example, "RMF-6(4)" allows all uses and development standards of the RMF-6 zoning district but density is limited to 4 dwelling units per acre. 3 A maximum of twenty-cix (26) dwelling units per acre are allowed for hotels and motels. A hotel or motel in Port of the Islands may offer timeshare units and retain the density of 26 units per acre. Outside of Port of the Islands, a hotel or motel or multi- family structure including a condominium which offers timeshare units is permitted a density of up to 16 units per acre. 4 For RT zoning located inside Activity Centers as designated on the Growth Management Plan's Future Land Use Map, residential units (including those for timeshares and multifamily uses) are allowed at a maximum of sixteen-(16) dwelling units per acre. Similarly for RT zoning not located within Activity Centers but in existence at the time of adoption of the LDC (October 30, 1991), residential units are allowed at a maximum of sixteen-(16) units per acre. 5 For RT zoning not located within Activity Centers and not in existence at the time of adoption of this LDC (October 30, 1991), allowed density is per the density rating system up to sixteen (16) dwelling units per acre. The calculation of density shall be based on the land area defined by a lot(s) of record. 6 Density for single-family and mobile home, with or without clustering. Density for duplex, with or without clustering. s Density for multi-family, with or without clustering. 9 In the MH district, modular homes are allowable. 10 Properties zoned C-1 through C-3 may have associated residential densities in instances of mixed-use development pursuant to the Future Land Use Element of the Growth Management Plan. Page 30 of 194 Words str-uc-k-th ooeh are deleted. words underlined are added 11 The density of 1 dwelling unit per 3 gross acres only applies to private in- holdings within the Big Cypress National Preserve that were in existence prior to October 14, 1974. 12 Maximum allowable density in the BMUD and GTMUD overlays is attained through the Mixed Use Project (MUP). Approval Process pursuant to the regulations in the Overlays. 13 One dwelling unit per 40 acres is the maximum density permitted in RFMU Sending Lands (see section 2.03.08). 74 One dwelling unit per 5 acres is the maximum density permitted in RFMU Neutral Lands (see section 2.03.08). 15 One dwelling unit per acre is the maximum density permitted in RFMU Receiving Lands located outside of a Rural Village with redemption of Transfer of Development Rights (TDR) credits; 0.2 units per acre is the maximum density permitted in RFMU Receiving Lands without redemption of TDR credits; 3 dwelling units per acre is the maximum density per acre in RFMU Receiving Lands located within a Rural Village with the redemption of TDR credits (see section 2.03.08). 16 Only if Mobile Home Overlay exists. 17 Lock-off unit: Where the floor area of a timeshare unit or hotel room contains lock-off accommodations which can be occupied separately from the main living unit, each lock-off accommodation shall be counted as a full timeshare unit when computing the allowable density. B. Acreage associated with historical/archaeological resources preserved within the boundaries of a project shall be included in calculating the project's permitted density. * * * * * * * * * * * * SUBSECTION 3.K. AMENDMENTS TO SECTION 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES, SECTION 3.04.01 GENERALLY Section 3.04.00 Protection of Endangered, Threatened, or Listed Species, Section 3.04.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.04.00 PROTECTION OF ENDANGERED, THREATENED, OR LISTED SPECIES 3.04.01 Generally A. The purpose of this section is to protect species in the County, by including measures for protection and/or relocation of endangered, threatened, or species of special concern listed by: 1. Florida Fish and Wildlife Conservation Commission (FFWCC) as endangered, threatened, or species of special concern, and as provided for the bald eagle in F.A.C. 68A-16.002. 2. United States Fish and Wildlife Service (USFWS) as endangered or threatened, and as provided for by the Bald and Golden Eagle Protection Page 31 of 194 Words struc-k-th are deleted_ words underlined are added Act. 3. Convention of International Trade in Endered-Species of Wild Fauna and Flora (CITES). B. Applicability and Exemptions. 1. General Applicability: Except as provided in 2 below, all new development shall be directed away from listed species and their habitats by complying with the guidelines and standards set forth in this section. 2. Exemptions: The following are exempt from the provisions of this Section: a. Agricultural operations that fall within the scope of sections 163.3162(4) or 823.14(6), Florida Statutes; b. All development within the RLSA District, except as specifically provided in section 4.08.00; and c. All development within the NBMO, except as specifically provided in section 2.03.08. C. EIS and management plans. 1. Exemption. Single-family platted lots or construction of a single-family home, including accessory uses and structures, on a lot of record that shall not be required to prepare an ',nor a management plan, but shall comply with approved management plans for the subdivision in which they are located. 2. EIS. An EIS is required asset WO; in section 10.02.02. The County shall 32. Management Plans. a. General Requirements. A wildlife management plan shall be required for all projects where the wildlife survey indicates listed species are utilizing the site, or where bald eagle nests occur on the site or within distances to the site identified in the Bald Eagle Management Plan utilized by the FFWCC. These plans shall describe how the project directs incompatible land uses away from listed these species and their habitats and shall incorporate proper techniques to protect listed these species and their habitat, and the nests of bald eagles from the negative impacts of proposed development. Incompatible land uses and proper techniques to protect listed species and their habitat, and the nests of bald eagles, shall be in accordance with the guidelines, management plans and recommendations of the FFWCC or USFWS. Page 32 of 194 Wnrric c+..'iAr thvn..ah arP d'I,?tpd we rric IInr1PrllnP-I arP added Management plans for listed plant and animal species, and for the nests of bald eagles, shall be included as part of the preserve management plan, if a preserve management plan is required. The County shall notify the FFWCC and USFWS of the existence of any listed species that may be discovered. b. References. Management guidelines contained in publications utilized by the FFWCC and USFWS as their technical assistance, shall be used for developing required management plans. The i. South Florida Multi Species Recovery Plan, USFWS, 1999 Report No. 4, Florida Game and Fresh Water Fish D. Protective measures, All developments subject to this section shall adhere to the following: 1. General. a. In those areas where clustering is permitted, all developments shall be clustered to discourage impacts to listed species habitats. b. Open space and vegetation preservation requirements shall be used to establish buffer areas between wildlife habitat areas and areas dominated by human activities. c. Provisions such as fencing, walls, or other obstructions shall be provided to minimize development impacts to the wildlife and to facilitate and encourage wildlife to use wildlife corridors. d. Appropriate roadway crossings, underpasses, and signage shall be used where roads must cross wildlife corridors. e. When listed species are directly observed on site or indicated by evidence, such as denning, foraging or other indications, priority Page 33 of 194 Words str-uck414-rou-eh are deleted words underlined are added shall be given to preserving the habitat of that listed species, as provided in section 4.06.04. f. Management Plans shall contain a monitoring program for developments greater than 10 acres. g. Letters of technical assistance from the FFWCC and/or recommendations from the USFWS shall be deemed to be consistent with the GMP. Other forms of technical assistance from the FFWCC and/or USFWS shall be acceptable based on the nature of the evaluation. E. Single-family platted lots or construction of a single-family home, including accessory uses and structures, on a lot of record, seven and one-half("7 1 2) acres-er-less is—size shall be exempt from the requirements set forth in sections 3.04.02 A, C, E, F, G 8- and 3.04.03, but shall comply when required as part of the subdivision in which they are located. these lots are not ^ part of B. Other agency approvals may be required in accordance with 10.02.06 C. * * * * * * * * * * * * SUBSECTION 3.L. AMENDMENTS TO SECTION 3.04.02 SPECIES SPECIFIC REQUIREMENTS Section 3.04.02 Species Specific Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 3.04.02 Species Specific Requirements Fi5h-an€1-Wildlife-SeFvise-444ssu449-development-orders,--14-is-Fesognized-that-these Wildlife habitat management plans for listed species shall be submitted for County approval. A plan shall be required for all projects where the wildlife survey indicated listed species are utilizing the site (other than for occasional use by non-resident species such as wading birds) or if required by state and federal permit requirements. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. The County shall, consistent with applicable GMP policies, consider and utilize recommendations and letters of technical assistance from the Florida Fish and Wildlife Conservation Commission and recommendations from the US Fish and Wildlife Service in issuing development orders on property containing listed species. It is recognized that these agency recommendations, on a case by case basis, may change the requirements contained within these wildlife protection policies and any such change shall be deemed consistent with the Growth Management Plan. The Page 34 of 194 Words F,«-^^ „+�-r�-^ ^h are deleted. words underlined are added following specific species management and protection plans shall be applicable, in addition to those required by other provision in this section 3.04.00: A. Gopher Tortoise ( Gopherus polyphemus). 1. All native habitats occupied by gopher tortoises;-their hr ", ats7 and the associated listed commensals are hereby protected. 2. It is expressly prohibited to take, which means to harass, harm, hunt, shoot, wound, kill, trap, capture, collect, molest, pursue, or attempt to engage in any such conduct, any gopher tortoise, and to alter, destroy, or degrade the functions and values of their burrows or natural habitat, unless otherwise provided for in this section. 3. All gopher tortoise burrows are protected, and it is prohibited to intentionally destroy or take any such burrow by any means, unless otherwise provided for in this section. 4. seatien. Relocation shall be permitted and executed according to FFWCC Gopher Tortoise Permitting Guidelines. 5. When gopher tortoises are identified on-site, a habitat protection and/or management plan or off-site relocation plan, as prepared by a FFWCC permitted Authorized Gopher Tortoise Relocation Agent, shall be submitted to the County Manager or designee for review and approval. 6. The on-site habitat protection and/or management plan shall include, but not be limited to, the following items: a. A eecrent gopher tortoise survey no more than 6 months old or within the time frame recommended by the FFWCC, which shall may be field-verified by the County Manager or designee. b. A proposal for either maintaining the habitat for the population in place on site or relocating it the existing population to a gopher tortoise recipient site permitted by the FFWCC. c. A If preserved on site, a site plan identifying the boundaries of the gopher tortoise preserve. d. The method of relocation, if necessary. e. The proposed supplemental plantings, if needed. f. Details of the construction and maintenance of gopher Page 35 of 194 Words str,, ou-th are deleted. words underlined are added tortoise preserve fencing to protect tortoises during construction. g. An annual maintenance plan describing exotic removal and vegetation management. h. Identification of persons responsible for the initial and annual protection and/or management of the tortoises and the preserve area. Suitable gopher tortoise habitat shall and maximum allowable density of gopher tortoises shall be in accordance with the parameters identified in Gopher Tortoise Management Plan and Gopher Tortoise Permitting Guidelines utilized by the FFWCC be designated oh- the site plan at the time of the first Suitable gopher tortoise habitat preserved on site shall be designated on the site plan at the time preserves are established and shall be credited to the preservation requirement as specified in section 3.05.00 of this LDC. Habitat management and monitoring to ensure habitat within the preserve is maintained in accordance with the parameters identified in Gopher Tortoise Management Plan and Gopher Tortoise Permitting Guidelines utilized by the FFWCC. I. Methods identified to protect tortoises from roadways, domestic animals, or other possible dangers, if needed. 7. Suitable habitat shall be defined as having the following oharaotefistiss d. Typically, includes the presence of an existing gopher tortoise-population. Page 36 of 194 Writ rlc atriirk thrn••ah arP rIPIPteri wnrric "n JPrilr,PA arw arlriwri State permit, shall be obtained from the FFVVCC. Whcro 744. When identifying the native vegetation preservation requirement of section 3.05.07 of this LDC for parcels containing gopher tortoises, priority shall be given to protecting the largest, most contiguous gopher tortoise habitat with the greatest number of active burrows, and for providing a connection to off-site adjacent gopher tortoises' preserves. It shall be a priority to preserve scrub habitat, when it exists on-site, for its rare unique qualities and for being one of the most endangered habitats in the County, regardless of whether gopher tortoises are relocated off-site. 84.2. All g6opher tortoises shall be removed captured and relocated from within the development footprint prior to any site improvement, in accordance with FFWCC guidelines and the protection/management plan approved by County Manager or designee. High densities of hatchlinqs and juvenile tortoises are often found in dense thickets of low growing vegetation in habitat where existing gopher tortoises and their burrows are located. In areas where relocation of gopher tortoises is required, the location of these thickets shall be identified in the protection/management plan and any gopher tortoises within these areas shall also be relocated. 13. Ex onc. single family I tted lots seve„ and a halfr ores Gr110. Cr11'1 IG-1 Ql r�t�latC v . •v a� Page 37 of 194 Words struck thro444 are deleted_ wnrdc imrlprlinprt are arirlari protected pursuant to 1. 3. above. B. Sea Turtle Protection. 1. The purpose of this section is to protect the threatened and endangered sea turtles that nest along the beaches of the County, by safeguarding sea turtle hatchlings from sources of artificial light, and adult and hatchling sea turtles from injury or harassment. The County shall adhere to state and federal guidelines for the protection of sea turtles. 2. The requirements of this section apply when development or lighting associated with development is located within three t {300) feet of coastal mean high water; when parking lots, dune walkovers, or other outdoor lighting is proposed; and when reflective surfaces that will be illuminated by outdoor lighting will be visible from the beach. a. Outdoor lighting shall be held to the minimum necessary for security and safety. Floodlights and landscape or accent lighting shall be prohibited. b. All lighting, including wall-mounted fixtures, pole lighting, lights on balconies, and any other type of lighting not specifically referenced by this section, shall be of low intensity, and shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. c. Low profile luminaries shall be used in parking lots, and such lighting shall be fitted with hoods or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. d. Dune crosswalks shall utilize low profile shielded luminaries directed and positioned so that light sources, or any reflective surfaces illuminated by such sources shall not be visible from the beach. dDune crossover lighting shall be limited to the area landward of the primary dune. e. If high intensity lighting is necessary, low pressure sodium vapor luminaries shall be used and fitted with a hood or positioned so that the light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. f. Plates of tinted glass are required for windows that are visible from the beach. The tinted glass shall be any window or glazing that has an industry-approved light Page 38 of 194 Wnrrlc'*r,"1 * ».��--^••^►-ire deleted wnrrie nnrlPrlinvdi arw arleiwri transmittance value of forty-five-(45) percent or less. Such transmittance shall be limited to the visible spectrum (400 to 700 nanometers), and shall be measured as the percentage of light that is transmitted through the glass, inside to outside. g. Temporary security lights at construction sites shall not be mounted more than fifteen--{15) feet above the ground. Light sources, or any reflective surfaces illuminated by such sources, shall not be visible from the beach. * * * * * * * * * * * * 5. It shall be unlawful, during the nesting season, to construct any structure, add any fill, mechanically clean any beach, or grade any dirt within 100 feet of the nesting zone of a beach where sea turtles nest or may nest, without obtaining a construction in sea turtle nesting area permit from the County Manager or designee. * * * * * * * * * * * * d. Construction or repair of any structure, including, but not limited to, dune walkovers, seawalls, or other revetments, sandbags, groins, or jetties, shall not be permitted during sea turtle nesting season on any County beaches, except if permitted structures are damaged by a named storm or other declared natural disaster and the following conditions are met: i 4. Minor Repair Work. Minor repair work (boards need to be nailed back to the existing intact structure, or a-few less than 10 percent of the boards need to be replaced) that can be performed completely from atop the structure is authorized after obtaining the necessary approval of the FDEP and notifying the County Manager or designee of that work. Work must be completed within 12 months of the named storm or declared natural disaster. ii 2. Major Repair Work. Prior to any repair work (greater than that described in i 4- above) or reconstruction of any part of the structure, the following information shall be provided so that staff can determine if the major repair or reconstruction can occur prior to the end of sea turtle nesting season: a)- The appropriate permit or authorization from FDEP, if required. bZ- The location of all known sea turtle nests. Page 39 of 194 Words struckh are deleted.words underlined are added Community Development and Environmental Services /ODES) staff The County Manager or designee will provide assistance in locating nests. Construction activities shall not occur within 10 feet of these boundaries Sec of viable nests. c�- A survey by a qualified-consultant FFWCC permitted Authorized Gopher Tortoise Relocation Agent locating any gopher tortoise burrows on site within 50 feet of the structure proposed construction. Relocation of gopher tortoises will be required when the burrows are in harms way of the construction activity. dl- Photographs of the site as it existed after the storm to document the conditions of the property. el- An aerial of the property showing the CCSL line. f�. A copy of a CCSL variance or CCSL permit, if required, and building permit approving the original construction of the structure. gl3- Sea turtle nest locations will be reestablished using their previously recorded GPS locations and accuracy data to identify a 95% confidence boundary. Construction activities shall not occur within 10 feet of these boundaries for viable nests. Nests will be considered viable for 80 days from the time the nest was recorded unless it can be proven that a particular nest has been damaged by the storm and there is no chance of any hatchlings. e -4-. Minor structures, as defined by Florida Statutes Subsection 161.055, of the Coastal Zone Protection Act of 1985, shall be approved provided that they also comply with: i a. Federal requirements for elevations above the 100- year flood level, ii b. Collier County Building Code requirements for flood proofing, iii o. Current building and life safety codes, Page 40 of 194 1xlnrrle rt...n4 tk..,....k a.a lloIPtaA .v....io..n.�arl;na.i ara allria.i iv d. Collier County and State of Florida Department of Environmental Protection CCSL/CCCL regulations, v e. Applicable disability access regulations of the American Disability Act (ADA), and vi f. Any required Collier County zoning and other development regulations with the exception of existing density or intensity requirements established, unless compliance with such zoning or other development regulations would preclude reconstruction otherwise intended by the Build back Policy as determined by the Emergency Review Board established herein. * * * * * * * * * * * * C. Florida Scrub Jay. (Aphelocoma coerulescens) Technical Report Ne. 8, Florida Game- and Fresh Water Fish . The required management plan shall also provide for a maintenance program and specify an appropriate fire or mechanical protocols to maintain the natural scrub community. The plan shall also outline a public awareness program to educate residents about the on- site preserve and the need to maintain the scrub vegetation. These D. Bald Eagle. For the bald eagle (Halieeefus leucocephalus), the required habitat management plans shall establish protective zones around the eagle nest restricting certain activities. The plans shall also address restricting certain types of activities during the nesting season. These E. Red-Cockaded Woodpecker. For the red- cockaded woodpecker (Picoides borealis), the required habitat protection plan shall outline measures to avoid adverse impacts to active clusters and to minimize impacts to foraging habitat. Where adverse effects can not be avoided, measures shall be taken to minimize on-site disturbance and compensate or mitigate for impacts that remain. Plan, May 1999. F. Florida black bear Florida Black Bear. In areas where the Florida black bear (Ursus americanus floridanus) may be present, the management plans shall require that garbage be placed in bear-resistant proof containers, at one or more central locations. The management plan shall also identify methods to inform local residents of the concerns related to interaction between black bears and humans. Mitigation for impacting habitat suitable for black bear shall be considered in the management Page 41 of 194 Words struck thr 44 are deleted words underlined are added plan. G. Panther. For projects located in areas Primary and Secondary zones, the management plan shall discourage the destruction of undisturbed, native habitats that are preferred by the Florida panther (Felis concolor coryi) by directing intensive land uses to currently disturbed areas. Preferred habitats include pine flatwoods and hardwood hammocks. In turn, these areas shall be buffered from the most intense land uses of the project by using low intensity land uses (e.g., parks, passive recreational areas, golf courses). Golf courses within the RFMU district shall be designed and managed using standards found in that district. The management plans shall identify appropriate lighting controls for these permitted uses and shall address the opportunity to utilize prescribed burning to maintain fire- adapted preserved vegetative communities and provide browse for white- tailed deer. M, West Indian Manatee. The management and protection plans requirements based upon the Manatee Protection Plan for the West Indian Manatee manatee (Trichechus manatus) are set forth in section 5.05.02. * * * * * * * * * * * * SUBSECTION 3.M. ADDITION OF NEW SECTION 3.04.03 REQUIREMENTS FOR PROTECTED PLANTS Section 3.04.03 Requirements for Protected Plants, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to the Land Development Code to read as follows: 3.04.03 Requirements for Protected Plants When habitat containing the following listed plants is proposed to be impacted, plants listed as Rare and Less Rare (below) shall be relocated to on-site preserves if the on- site preserves are able to support the species of plants. Relocation of epiphytic species of plants listed as Rare and Less Rare (below) shall only be required for plants located within eight feet of the ground. Plants listed as Less Rare shall be relocated to the on- site preserves only if the preserves do not already contain these species. When available, only two plants per species per acre of plants listed as Less Rare are required to be relocated, up to a maximum of ten plants per species per preserve. When available, seed from Tillandsia may be transferred to trees in lieu of relocation of plants. Other than for Tillandsia, the species of plants listed below may be planted within preserves from nursery grown stock in lieu of relocation. Sites infested with exotic species of Metamasius weevil which feed on Tillandsia, shall not be allowed to relocate Tillandsia species. Plants listed in this section shall not require the land in which they are located to be placed in a preserve. Page 42 of 194 truckthro,. i►. Words. ;1Te deleted wnrrlc iindPrlined arcs arlrlatl Rare Plants: Cowhorn orchid Cvrtopodium punctatum Curtiss's milkweed Asclepius curtissii Florida clamshell orchid Encvclia cochleata Ghost orchid Polyrrhiza lindenii West coastprickly apple Harrisia ciracilis Less Rare Plants: Butterfly orchid Encvclia tampensis Giant wild-pine Tillandsia utriculata Inflated wild-pine Tillandsia balbisiana Stiff-leaved wild-pine Tillandsia fasciculata Twisted air plant Tillandsia flexuosa Where clearing of vegetation is needed for habitats requiring fire or for activities needed to simulate fire, epiphytic plants listed above should not be relocated into these habitats. Epiphytic plants may be removed from preserves if located on vegetation required to be removed as part of an approved preserve management plan. * * * * * * * * * * * * SUBSECTION 3.N. AMENDMENT AND RENUMBERING OF FORMER SECTION 3.04.03 PENALTIES FOR VIOLATION: RESORT TO OTHER REMEDIES Former Section 3.04.03 Penalties for Violation: Resort to Other Remedies, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby renumbered and amended to read as follows: 3.04.03 3.04.04 Penalties for Violation: Resort to Other Remedies Violation of the provisions of this section or failure to comply with any of its requirements shall constitute a misdemeanor. Any person or firm who violates this section or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Each taking of a gopher tortoise shall constitute a separate violation. It is not the intent to include tortoises that may be accidentally injured or killed during an approved relocation procedure that is done by a FFWCC permitted Authorized Gopher Tortoise Relocation Agent, in accordance with their protection/management plan. Any other person, who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penalties herein provided. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including but not limited to injunctive action, to enforce the provisions of this section. * * * * * * * * * * * * SUBSECTION 3.0. AMENDMENTS TO SECTION 3.05.07 PRESERVATION STANDARDS Section 3.05.07 Preservation Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 43 of 194 Words strttok-threffeh are deleted, words underlined are added 3.05.07 Preservation Standards All development not specifically exempted by this ordinance shall incorporate, at a minimum, the preservation standards contained within this section. A. General standards and criteria. The following criteria shall be used to administer the preservation standards in all unincorporated areas of the County:, 1. Native vegetative communities. The preservation of native vegetation shall include all naturally occurring strata including canopy, understory and ground cover emphasizing the largest contiguous area possible, except as otherwise provided in section 3.05.07 H.1.e. The term native vegetation is further defined as a vegetative community having 25 percent or more canopy coverage or highest existing vegetative strata of native plant species. In the absence of other native strata, herbaceous vegetation not typically associated with the re-growth of native vegetative communities, commonly known as weeds, shall not be considered native vegetation for the purpose of preservation. 2. Native trees. Where a property has been legally cleared and only native trees remain and the native ground cover replaced with lawn or pasture, then only the native trees shall be retained. The percent requirement of native trees required to be retained shall be by tree count based on the percent requirement for native vegetation pursuant to 3.05.07 B. Only slash pine trees with an 8 inch DBH or greater, hardwood trees with a 18 inch DBH or greater, or palms with a minimum of 8 foot of clear trunk, shall be used for calculating this requirement. For hardwood trees, every 6 inches of fraction thereof over 18 inch DBH shall count as an additional tree (18 inch DBH = 1 tree, 24 inch DBH = 2 trees, 26 inch DBH = 3 trees, etc.). Slash pine trees and cabbage palms shall only be retained on portions of the property with a density of 8 or more trees per acre. Trees which are unhealthy or dying, as determined by a certified arborist or any individual meeting the qualifications in 3.05.07 H.1.q.iii, shall not be retained or used for calculation. Native slash pine trees shall be retained in clusters, if the trees occur in clusters, with no encroachment (soil disturbance) within the drip line or within 30 feet of the trunk, whichever is greater, of any slash pine or hardwood tree. Encroachment may occur within these distances where evaluation by a certified arborist determines that it will not affect the health of the trees. Trees which die shall be replaced with 10 foot high native canopy trees on a one for one basis. Native trees with a DBH of two feet or more shall be replaced with three 10-foot high native canopy trees. Areas of retained trees shall not be subject to the requirements of 3.05.07 H. Where trees cannot be retained, the percent requirement of trees Page 44 of 194 Words st d.-th ..,.��^ ^1-are deleted_ wnrdc iinderlinpd arp added shall be made up elsewhere on-site with trees planted in clusters utilizing 10 foot high native canopy trees planted on a one for one basis. Where native trees with a DBH of two feet or more cannot be retained, a minimum of three 10-foot high native canopy trees shall be planted per tree removed of this size. Trees planted to satisfy this requirement shall be planted in open space areas equivalent in size to the area of canopy of the trees removed. This planted open space shall be in addition to the area used to satisfy the minimum landscape requirements pursuant to 4.06.00. In lieu of using actual canopy coverage, the following average diameter for tree canopies may be used to calculate canopy coverage of existingtrees: slash pine 40 feet, cypress 25 feet, live oak 60 feet and cabbage palm 10 feet. Open space areas not normally planted with trees, such as stormwater retention areas or lake banks notplanted to meet the LSPA requirement, may be used to satisfy this requirement. Trees planted to satisfy this requirement shall be set back a minimum of 30 feet from principal structures and impervious parking areas. 23. Areas that fulfill the native vegetation retention standards and criteria for native vegetative communities of this section shall be set aside as preserve areas, subject to the requirements of section 3.05.07 H. 34. Native vegetation to be retained as preserve areas shall be selected in such manner as to preserve the following, in descending order of priority, except to the extent that preservation is made mandatory in sections 3.05.07 F.3- and 3.05.07 G.3.c7: a. Wetland or upland areas known to be utilized by listed species or that serve as corridors for the movement of wildlife; b. Xeric Scrub, Dune and Strand, Hardwood Hammocks; c. Onsite wetlands having an accepted functionality WRAP score of at least 0.65 or a Uniform Wetland Mitigation Assessment Score of at least 0.7; d. Any upland habitat that serves as a buffer to a wetland area as defined in section 3.05.07 A.3.c above; e. Dry Prairie, Pine Flatwoods; and f. All other native habitats. 45. Preservation areas shall be interconnected within the site and to adjoining off-site preservation areas or wildlife corridors. Page 45 of 194 UUnrrle ctr.,nlr ti.rn.,nh nra iinlatarl ,vnrrlc„nrlarlinari arr. nrirlarl 6. Where vegetation has been illegally cleared, the amount of native vegetation used to calculate the preservation requirement will be that amount present at the time prior to the illegal clearing. Criteria to determine the process and criteria for the clearing are found in sections 10.02.06 and 3.05.05. a. Re-creation of native vegetation shall not be required when any one of the following criteria is met: The parcel was issued a County permit to clear vegetation and remains cleared of native vegetation. ii. The parcel was issued a County permit to clear vegetation for agricultural purposes prior to July 1993 (the date at which the 10 year agricultural clearing rezone limitation previously identified in the GMP is achieved) and which remains cleared of native vegetation. iii. If no clearing permit can be found, demonstrations of continuous bona fide agricultural operation along with issuance of an after-the-fact agricultural clearing permit from the County will be evidence of legal clearing. Demonstrations of continuous bona fide agricultural activities may include, but are not limited to, agricultural classification records from the property appraiser's office: dated aerial photographs; occupational license for agricultural operation; SFWMD consumptive use permits for the ongoing agricultural use or other information such as sworn testimony from previous owners which establishes the commencement date and the location of the agricultural operation. The rezone limitation pursuant to 10.02.06 shall apply. 7. Unless otherwise required in the RFMU District, single-family residences shall be exempt from the native vegetation retention requirements and from having on site preserves. Setbacks to preserves shall be in accordance with 3.05.07 H. 8. Development standards pursuant to section 4.02.14 shall apply to all development, including single-family, within the ACSC. 9. Created preserves are allowed subject to the criteria in 3.05.07 H. 10. Fire and fuel breaks within preserves, kept to the minimum Page 46 of 194 Words stfk gh are deleted,words underlined are added necessary in accordance with standard forestry practice, shall count toward the minimum native vegetation retention requirement. B. Specific standards applicable outside the RFMU and RLSA districts. Outside the RFMU and RLSA Districts, native vegetation shall be preserved on site, except for single family residencesi through the application of the following preservation and vegetation retention standards and criteria. The single family exception is not to be used as an exception from any calculations regarding total preserve area for a development containing single family lots. 1. Required preservation. Development Type Coastal High Non-Coastal High Hazard Area Hazard Area • Less than 10% Less than 5 10% 2.5 acres acres Equal to or Equal to or greater 25% greater than 5 15% Residential and Mixed than 2.5 acres and less Use development acres than 20 acres Equal to or 25% greater than 20 acres Golf Course 35% 35% Less than 5 10% Less than 5 10% Commercial and acres acres Industrial development and all other non- Equal to or Equal to or specified development greater 15% greater than 5 15% types than 5 acres acres Industrial development 50%, not to exceed 50%, not to exceed (Rural-Industrial District 25% of the project 25% of the project only) site site. 2. Exceptions. An exception from the vegetation retention standards Page 47 of 194 Wnrrlc �rP,ieletPrl wnrrle „nrlPrl:narl arr. arlrlPrl above shall be granted in the following circumstances: a. where the parcel was legally cleared of native vegetation prior to January 1989 and remains cleared of native vegetation; b. where the parcel cannot reasonably accommodate both the application of the native vegetation retention standards and the proposed uses allowed under this Code, subject to the criteria set forth in section 3.05.07(H)(1)(e). H.1.e. c. Right-of-way acquisitions by any governmental entity_for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right-of-way acquisition area. d. Existing utility easements and easements for ingress or egress required for neighboring properties. e. Previously cleared parcels for support of public infrastructure, and which remain cleared of native vegetation. f. Trees and other vegetation planted for landscaping and which have not been used to satisfy the native vegetation preservation requirement. q. Previously cleared fallow farm fields and pastures, with no canopy trees (other than slash pine trees with less than an 8 inch DBH or palms with less than 8 foot of clear trunk) and less than 75 percent aerial coverage of native vegetation. Marshes and similar type environments (640 FLUCFCS Codes) shall not be included in this exception. H. Preserve standards. Design standards. * * * * * * * * * * * * b. Minimum dimensions. shah-be: Thin linear and perimeter "picture frame-shaped" preserves are discouraged, unless such preserve shapes are dictated by environmental or environmental regulatory considerations. Connections to other preserves, conservation areas, natural flowways, natural water bodies, water management lakes, estuaries, government owned or targeted lands for preservation purposes or existing listed wildlife habitat, when present, are Page 48 of 194 Wnrtls arc.r1aIPfarl wnrrie m 1a.l:.,o n«n n lrin l encouraged tominimum establishdimensions the largestspecified contiguousabove naturalandis area possible. The following minimum widths shall apply: twenty feet, for property less than ten acres. ii. an average of thirty feet in width but not less than twenty feet in width, for property equal to ten acres and less than twenty acres. an average of fifty feet in width but not less than twenty feet for property of twenty acres and greater. iv. If the existing native vegetation does not meet the required to be preserved pursuant to the preserve selection criteria in section 3.05.07, then the existing native vegetation may be used to satisfy the preservation requirement. ei-.---17-ngestive-sevenants,P-resefve-areas-shail-be-identifiesl-as association or similar entity with maintenance easement--614841—estaiatie,11—termitted—uses-4or—said all preserves en the d. Preserve mechanisms. All preserve areas shall be designated as preserves on all site plans. On-site County required preserves shall be dedicated to the County as non-exclusive conservation easements without placing on the County the responsibility for maintenance of the preserve area, and the easement conveyance to the County shall include the right of access Page 49 of 194 X/nreic r_tu.-,L thee.,..h _a ___ _-1-I_-I from existing road right-of-way. The easement shall dedicate the responsibility of maintenance to a property owners association or similar entity, and it shall contain allowable uses and limitations to protect the preserve. All preserve areas shall be shown on the preliminary and final plats in accordance with section 10.02.04, with language similar to Section 704.06 F.S. No individual residential or commercial lot, parcel lines, or other easements including, but not limited to, utility or access easements that are not compatible with allowable uses in preserve areas, may project into a preserve area. State and federal parks and preserves shall not be required to place their preserves in a conservation easement. Any conservation easement or other document restricting uses in a preserve area shall contain the following statement (consistent with CCME GMP Policy 1.1.6): "Oil extraction and related processing operations are uses which are exempt from the restrictions herein and shall remain allowed uses on the lands described herein." e. Created preserves. Although the primary intent of GMP CCME Policy 6.1.1 is to retain and protect existing native vegetation, there are situations where the application of the retention requirements of this Policy is not possible. In these cases, creation or restoration of vegetation to satisfy all or a portion of the native vegetation retention requirements may be allowed. In keeping with the intent of this policy, the preservation of native vegetation off site is preferable over creation of preserves. Created Preserves shall be allowed for parcels that cannot reasonably accommodate both the required on-site preserve area and the proposed activity. Applicability. Criteria for determining when a parcel cannot reasonably accommodate both the required on-site preserve area and the proposed activity include: (a) Where site elevations or conditions requires placement or removal of fill thereby harming or reducing the survivability of the native vegetation in its existing locations; (b) Where the existing vegetation required by Page 50 of 194 Words struc are deleted. words underlined are added this policy is located where proposed site improvements are to be located and such improvements cannot be relocated as to protect the existing native vegetation; (c) plan shall re create a native plant areas shall -be identified as- croated preserves: To provide for flood plain compensation as required by the LDC. (d) When a State or Federal permit requires creation of native habitat on site. The created preserve acreage may fulfill all or part of the native vegetation requirement when preserves are planted with all--three the appropriate strata; using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the project. (e) When small isolated areas (of less than 1/2 acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of 1/2 acre or less, preserves may be planted with all three strata; using the criteria set forth in Created Preserves and shall be created adjacent existing native vegetation areas on site or contiguous to preserves on adjacent properties. This exception may be granted, regardless of the size of the project. (f) When an access point to a project cannot be relocated. To comply with obligatory health and safety mandates such as road alignments required by the State, preserves may be impacted and created elsewhere on site. (q) To provide for connections to on or off site preserves. (h) In the RFMU District where upland buffers required by the LDC, lack native vegetative Page 51 of 194 tv.rric .vr.rrlc Irtpie..l;« communities. ii Req Tired Planting Criteria• (a)--Where-Gfeate4-OfeseFves-are-alaffetved-r the r shrubs-ant trees- 6itil ing-lager plant , ground cover; seven (7) gallon shrubs; forty_feet on center for treee. with a large plant material are better suited for re c stablishmcnt of the native plant community. ii.(#) Approved created preserves may be used to recreate: _41( ) not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. 121(2) not more than two acres of the required preserves if the property has equal to or greater than twenty acres and less than eighty acres of existing native vegetation. g.(3) not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. iii.(s) The minimum dimensions shall apply as set forth in Page 52 of 194 �A1r.-e1C t•}� n L_f{�n.n}f raven ilnln}nA i�rr�c ..7or�i..n.� n«n n.7de.7 3.05.07 H,1.b. iv.(d} All perimeter landscaping areas that are requested to be approved to fulfill the native vegetation preserve requirements shall be labeled as preserves and shall comply with all preserve setbacks. trees,12-tant-n4ateriat--s4a4-be-124anted-i44-a-manger-that mimics a natural plant community and shall not be v. Preparation of required planting plans for preserves. Preserve planting plans shall be designed by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. vi. Planting requirements for created preserves. Soils compatible with the habitat to be created shall be used to create the preserve. Where compatible soils are not present, a minimum of 6 to 8 inches of compatible soil shall be used. Where created preserves are approved, the planting plan shall re-create a native plant community in all three strata (ground cover, shrubs and trees), utilizing larger plant materials to more quickly re-create the lost mature vegetation. Environments which do not normally contain all three strata shall only be required to plant the strata found in the habitat to be created. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as Page 53 of I94 Weird r_traacae_t6rcwab nra aalat,rl ,vnrrie landscaping. Such re-vegetation shall include the following minimum sizes: one gallon ground cover; 7 gallon shrubs; canopy trees in the following sizes: 25 percent at 10 feet, 50 percent at 8 feet and 25 percent at 6 feet. Spacing requirements for calculating the number of plants shall be as follows: 20 to 30 foot on center for trees with a small canopy (less than 30 feet mature spread) and 40 to 50 foot on center for trees with a large canopy (greater than 30 feet mature spread), 10 foot on center for shrubs, 3 foot on center for ground covers which spread by rhizomes or creeping stems or which have a mature height of 2 feet or more, excluding the bloom, and 2 foot on center for ground covers with a mature height of less than 2 feet, excluding the bloom, and which reproduce primarily by seed. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re-establishment of the native plant community. Coverage of pine and hardwoods in scrub habitats shall occupy no more than 70% of the area of a scrub preserve, in order to create natural open areas for wildlife and native ground covers. In south Florida slash pine dominated environments, where fire is a concern, the amount of mid-story vegetation planted may be reduced to promote the growth of native ground covers, reduce the threat of wildfire and to promote use of the preserve by listed species. Three gallon container saw palmetto (Serenoa repens) may be used in lieu of seven gallon containers. South Florida slashpine (Pinus elliottii var. densa) trees may be planted in the following sizes: 25 percent at 6 feet and 75 percent at 4 feet, with a spacing requirement of 40 feet on center for calculating the number of slash pines to be planted. Mangrove trees may be planted as three gallon size containers but must be planted a minimum of five to seven foot on center for calculating the number of mangroves to be planted, if planted at this size. Ground covers in estuarine and other aquatic environments may be planted as liners or bare root plants. Upland or seasonally wet preserves with extended dry periods shall detail a method of providing water Page 54 of 194 Words st.•ue i t:;fin are deleted,words underlined are added until the plants are established. vii. Supplemental planting requirements within preserves. Supplemental plantings in the strata required to restore the habitat to its natural condition shall be added to preserves where prior clearing or disturbance, or the removal of non-native and/or nuisance vegetation has created open areas with little or no native vegetation. Plant material shall be planted in a manner that mimics a natural plant community and shall not be maintained as landscaping. Supplemental plantings must be of the species typical of the native habitats being restored and take into consideration the requirements of any listed species using the preserve. Areas defined as "native vegetation" pursuant to this section and required to be retained as preserves, shall only be required to plant material in the sizes specified in this subsection and not in the sizes required for created preserves. Supplemental plantings within preserves shall be in accordance with requirements specified in approved state and federal permits for a project. Where not specified in the State and Federal permits for a project, supplemental plantings within County required preserves shall adhere to the following minimum standards: one gallon or liner ground covers, three gallon shrubs and four foot high trees. Ground covers in aquatic environments may be planted as bare root plants. Natural recruitment of native groundcovers may be used in areas where native groundcovers would be expected to regenerate on their own. If within a two-year period the coverage of ground covers is less than that typically found in environments containing these species, then supplemental planting with native ground covers or distribution of native seed shall be required. A planting plan with schedule for planting or distributing native seed shall be included as part of the preserve management plan, in case sufficient natural recruitment of groundcovers has not occurred. Natural recruitment of south Florida slash pine (Pinus elliottii var. densa) may be used where south Florida slash pine would be expected to regenerate on their own. If within a two-year period the number Page 55 of 194 of pine seedlings is less than that needed to regenerate the habitat type, then supplemental planting with south Florida slash pine or distribution of south Florida slash pine seed shall be required. A backup planting plan with schedule for planting or distributing seed shall be included as part of the preserve management plan, in case sufficient natural recruitment has not occurred. South Florida slash pine trees may be planted as seedlings in lieu of planting four foot high trees, for individual preserves 100 or more acres in size. Restoration of mangroves shall be with one to three gallon container mangroves, unless otherwise permitted by State and Federal permitting agencies. Minimum sizes for plant material may be reduced for scrub and other xeric habitats in order to promote diversity or where smaller size plant material is better suited for re-establishment of the native plant community. Coverage of pine and hardwoods in scrub habitats shall occupy no more than the 70% of the area of a scrub preserve, in order to create natural open areas for wildlife and indigenous ground covers. viii. Success criteria. Success shall be demonstrated for created preserves and supplemental planting within preserves,.5 years after installation of plant material and shall be included with the monitoring report. Before and after photos taken from specific or permanent field markers to identify the locations within the preserve shall be included in the above mentioned monitoring report. Demonstration of success shall include the following: a) 80% vegetative coverage has been attained within the preserve. b) Native vegetation is within the range of species diversity, density and distribution documented within either reference sites or from literature references for the specific habitat types. c) Native vegetation characteristic of the habitat are reproducing in the vegetative or seeding manner typical of the species. Page 56 of 194 d) When permitted through the Water Management District using UMAM, overall UMAM scores must indicate that the preserves have attained or are clearly trending toward the "with-mitigation" scores used to determine success. f. Off-site vegetation retention. Applicability. A property owner may request that all or a portion of the Collier County on-site native vegetation preservation retention requirement be satisfied offsite for only the following situations and subject to restrictions listed below. a) Properties zoned commercial or industrial where the on-site preserve requirement is less than 2 acres in size. b) Park sites where the on-site preserve requirement is less than one acre in size. c) Essential service facilities other than parks, for any size preserves. d) Preserves less than one acre in size. e) Affordable housing projects. The maximum percent of native vegetation retention allowed offsite shall be equal to the percent of affordable housing units, without limitation as to size of the preserve. f) Existing or proposed preserves with 75 percent or more coverage with exotic vegetation. Existing preserves not previously overrun with this type vegetation and which arrive at this state due to lack of management of the preserve shall mitigate off site at a ratio of 2 to 1. q) Created preserves which do not meet the success criteria in 3.05.07 H.1.e.viii or where preserves have not been planted in a manner which mimics a natural plant community. h) Preserves which do not meet the minimum dimensional requirements of this section. Page 57 of 194 �c#44 k _ ..,1, Words. arr f�PIPtPl� wnrr♦c I1nrIPrllnPrl arP a.�.1P.� i) Portions of preserves located within platted single-family lots. j) Right of Way acquisitions to be conveyed or in the process of being conveyed to the County by non-governmental entities for all purposes necessary for roadway construction, including ancillary drainage facilities, and including utilities within the right of way acquisition area. k� All criteria listed for created preserves. ii. Restrictions, when one or more of the following situations occur. a) Xeric scrub and hardwood hammocks which are one acre or more in size, mangrove Sexcluding mangrove fringes less than 40 feet in width on artificially created shorelines), coastal dune and strand environments, and listed species habitat or corridors per the requirements or recommendations of the FFWCC or USFWS, shall not be allowed to have the on-site native vegetation preservation retention requirement provided offsite. b) Preserves shall remain onsite if located contiguous to natural flowways required to be retained per the requirements of the SFWMD, natural water bodies, estuaries, government required preserves (not meeting the offsite preservation criteria herein), NRPAs, or contiguous to property designated for purchase by Conservation Collier or purchased by Conservation Collier, or contiguous to properties containing listed species nests, buffers, corridors and foraging habitat per the requirements or recommendations of the FFWCC or USFWS. For the purpose of this section, natural flowways shall also include those identified during wetland permitting with applicable state and federal agencies, regional drainage studies, or surface water management permits. c) Remaining portions of on-site preserves must be a minimum of one acre in size and shall not meet the offsite criteria of sub- Page 58 of 194 Words strusli-thrfluh are deleted_ words underlined are added section 3.05.07 H.1.f.i.() and (g) above, unless preserved with higher quality habitat not qualifying for the off-site native vegetation retention alternative. iii. Off-site Alternatives. Off-site native vegetation retention requirements may be met by monetary payment or by land donation. a) Applicants shall make monetary payment to Collier County. Such funds will be used by the County for the purchase and management of off-site conservation lands within the county. The monetary payment shall be based on the location of the land to be impacted and be equal to 125 percent of the average cost of land in the Urban Designation or 125 percent of the average cost for all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program. This monetary payment shall be made prior to the preconstruction meeting for the SDP or final plat construction plans. b) In lieu of monetary payment, applicants may choose to donate land for conservation purposes to Collier County or to another government agency. In the event of donation to Collier County, the applicant may acquire and subsequently donate land within the project boundaries of Winchester Head, North Golden Gate Estates Unit 53, another multi-parcel project or any other land designated by Conservation Collier donation acceptance procedures. Applicants who choose to donate land shall be required to demonstrate that the land to be donated contains native vegetation communities equal to or of higher priority (as described in subsection 3.05.07 A.) than the land required to be preserved onsite. In no case shall the acreage of land donated be less than the acreage of land required to be preserved onsite. Land donated to satisfy the off-site vegetation retention requirement must be located entirely within Collier County. Donations of land for preservation shall be Page 59 of 194 Words sN hrough are deleted. words underlined are added made to a federal, state or local government agency established or authorized to accept lands for the conservation and management of land in perpetuity, subiect to the policies and procedures of the receiving entity. Lands donated to Collier County must include a cash payment for management of the land. The amount of this payment shall be equal to 25 percent of the average cost of land in the Urban Designation or 25 percent of the average cost in all other Designations, as applicable, as defined by the FLUE, purchased by Collier County, through the Conservation Collier program. Applicants shall provide evidence that donations of land for preservation and endowments for management have been accepted by and donated to the entity stated above, at the time of the preconstruction meeting for the SDP or final plat construction plans. Exotics shall be removed in accordance with the time frames provided in 3.05.07 H.2. State and Federal agency requirements for mitigation, remediation and monitoring for the donated land shall be the responsibility of the applicant. iv. PUD zoning. Where the off-site native vegetation retention alternative is used for portions of preserves not identified on a PUD master plan, a PUD amendment is not required. Preserves or portions of preserves identified on a PUD master plan shall require an amendment to the PUD master plan to use the native vegetation retention alternative, subject to 10.02.13 E, unless the option to use the off-site native vegetation retention alternative is included in the PUD. g. Preserve management plans. Criteria i, ii, vii and viii below are required for all preserves whether a management plan for the preserve is required or not. Preserve Management Plans shall be required for all properties with 5 acres or more of preserve or where listed species are utilizing the preserve or where the preserve contains habitat which requires management for fire (such as pine flatwoods, palmetto prairie or scrub). The Preserve Management Plan shall identify actions that must be taken to ensure that the preserved areas will maintain natural diversity and function as proposed. A Preserve Management Plan shall include Page1 60 of 194 We rric atxa .zh khrau arw 1PIPtPri urnr.lo i,,A�.I:.oa ro 7 d J the following elements: General Maintenance. Preserves shall be maintained in their natural state and must be kept free of refuse and debris. ii. Exotic vVegetation Removal, Non-native vVegetation, and Nuisance or Invasive Plant Control. Exotic vegetation removal and maintenance plans shall require that Category I Exotics be removed eradicated from all preserves. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed, or the tree vegetation cut down to grade, cut debris removed and the stump treated. Exotics within the interior of the preserve may be approved to be treated in place if it is determined that physical removal might cause more damage to the native vegetation in the preserve. When prohibited exotic vegetation is removed, but the base of the vegetation remains, the base shall be treated with an U.S. Environmental Protection Agency approved herbicide and a visual tracer dye shall be applied. Any person who supervises up to eight people in the application of pesticides and herbicides in the chemical maintenance of exotio-vegetation exotic vegetation in preserves, required retained native vegetation native vegetation areas, wetlands, or LSPA shall maintain the Florida Dept. of Agriculture and Consumer Services certifications for Natural Areas Pesticide Applicators or Aquatic Herbicide Applicators dependent upon the specific area to be treated. Control of exotics shall be implemented on a yearly basis or more frequently when required, and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. ',Nuisance or invasive plants and non-native ornamental vegetation shall be removed eradicated from all Preserves. Preserve Management PI r. Th L t' on faaFties-will-be-responcible-until-suen-time-that--the homeowners association takes over the management—of--the preserve- + At time th Page 61 of 194 Words struc-k-thre4i are deleted words underlined are added accociation to manage the prccerve. Tho homeowner's association and the proeervo 3:121-k*MilFAt-Ofe--Pf-eseFve—Maltlager—shalt—have—the Designation of a Preserve Manager. A Preserve Manager shall be responsible for providing the developer/property owner with technical assistance regarding management needs for thepreserve and compliance with the Preserve Management Plan. At a minimum the Preserve Manager shall have academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. The individual's name, address and phone number shall be listed on the Preserve Management Plan. The same contact information shall be provided regarding the developer/property owner. Changes in the Preserve Manager hired to manage the preserve shall be documented in the monitoring report for the preserve. iv. Wildlife Habitat Management. Where habitats must be managed with regards to the species utilizing them, Wildlife Habitat Management strategies may be required to provide for specialized treatment of the preserve. Where protected species are identified, management strategies shall be developed and implemented in accordance with section 3.04.00. The County will accept state and federal management plans that are consistent with the requirements of the LDC. Hunting is permissible in preserves where expressly approved by the Board of County Commissioners. v. Fire Management. Special land management practices to control fire or to maintain species diversity in the absence of fire must be included as Page 62 of 194 Wnrds fare rip Tpt.el u,nrele its ari part of the Preserve Management Plan, for those habitats requiring these practices. Fire Management plans may include removal of dead vegetation or periodic thinning of living vegetation to improve forest health and mimic the natural effects of fire, as appropriate for the habitat type and surrounding land uses. Fuel and fire breaks shall be kept to a minimum necessary to control fire and should be coordinated with the State of Florida, Division of Forestry, as part of a fire suppression plan. The annual inspection monitoring report required pursuant to ix (below) shall document, with photographs, the coverage and types of vegetation to be cleared for fuel management, prior to clearing. Where listed species have been documented within the preserve, the annual inspection monitoring report shall require surveys for the nests, burrows or cavities of listed species that may be affected by the land management practices, no more than six months prior to clearing, if gopher tortoises occur in the area, or within the time frames recommended by the FFWCC and USFWS. Fire Management plans shall be consistent with wildlife habitat management plans approved by Collier County. vi. Vegetation Removal Permits. Vegetation Removal Permits shall not be required to implement Preserve Management Plans and firewise safety plans that specify land management practices for clearing for fuel management or fire lines in accordance with normal forestry practices and which have been approved pursuant to this section. State and Federal agency permits or approvals shall be required, where applicable, prior to clearing. Vegetation Removal Permits shall not be required to remove dead, dying or leaning trees which pose a safety concern, unless they contain a nest or cavity of a listed animal species or bald eagle. The annual inspection monitoring report required pursuant to ix (below) shall document, with photographs, trees to be removed for safety concerns. vii. Protection During Construction and Signage After Construction. The Preserve Management Plan shall address protective measures during construction and signage during and after construction that are consistent with section 3.05.04. Page 63 of 194 \\/nrrlc ,+-.. 4 rl,.,.,,,1, n.o.loloras.l ..J.J J viii. Monitoring for Preserves Receiving Treated Stormwater. A monitoring program must be implemented for preserves that will receive stormwater pursuant to the requirements of section 3.05.07. The monitoring program must include protocols to conduct vegetation surveys and monitoring for ground and surface water levels. The Preserve Management Plan shall include a schedule requiring a baseline monitoring report followed by 5 annual monitoring reports. Monitoring reports for stormwater within preserves shall be included as part of the annual inspection monitoring reports pursuant to ix lbelow). The County will accept wetland monitoring reports submitted to the South Florida Water Management District as long as the reports conform to the minimum requirements provided herein and includes all of the Preserves receiving stormwater. Compatible vegetation must be planted to replace upland vegetation that may be lost as a direct result of the introduction of stormwater into the preserve. ix. Inspections and Monitoring. The property owner shall provide for inspections of all on-site preserves by the Preserve Manager on an annual basis, at a minimum or more frequently when required to ensure the preserve functions as intended. The results of the inspections, and recommendations of the Preserve Manager, must be included in a monitoring report on an annual basis, at a minimum. The property owner shall retain copies of the five most recent years of monitoring reports and make them available to Collier County upon request. x. Preserve Site Plan. A Preserve Site Plan with FLUCFCS Codes for each of the habitat types within the preserve must be included as part of the Preserve Management Plan. The location of pathways and other approved uses within the preserve must be included on the Preserve Site Plan. xi. The requirements of criteria v vi, viii, ix, and x shall not apply to projects with County permits or approvals including approved Preserve Management Plans issued prior to (effective date of this Ordinancel. Page 64 of 194 Wnrrlc Larne!,*tirnmah am rialatwrl wnrric tin.lPrl;..A i .ra nArlaA h. Allowable uses within County required preserves. Passive uses are allowed within preserves to provide for access to the preserve, as long as any clearing required to facilitate these uses does not impact the minimum required native vegetation or cause loss of function to the preserve. Loss of function to the preserve includes unacceptable changes in vegetation within the preserve or harming any listed species present in the preserve. Unacceptable changes in vegetation within preserves include replacement of indigenous vegetation with non-native species, changes in vegetative composition which are inconsistent with target plant communities or die-offs of vegetation which are inconsistent with target plant communities. Determinations of harm to listed species shall be made by FFWCC or USFWS, and pathways, structures or improvements within preserves containing listed species shall be in accordance with permits or authorizations from these agencies. i. The following passive uses are allowed within preserves. a) Pervious and impervious pathways and boardwalks, subject to the following criteria: i) Recommended widths for pedestrian pathways is 5 feet. Widths greater than 8 feet may be allowed where pathways serve as fire breaks in accordance with a fire suppression plan approved by the State of Florida, Division of Forestry. ii) Minimum widths for shared use paths for use by golf carts, trams, bicycles, loggers, etc. is 10 feet. Widths greater than 12 feet may be allowed where pathways serve as Page 65 of 194 Words stru-c-k-t-lwaiw-b fire rielet rI wnrrla,Inr,Prlinnrl carp�rl earl fire breaks in accordance with a fire suppression plan approved by the State of Florida, Division of Forestry. Golf cart paths for golf course use shall be designed for golf course access only. iii) Impervious pathways shall be limited to no more than one percent of the area of the preserve. Pathways over this amount shall be either pervious pathways or boardwalks. iv) Where feasible, pathways shall be designed to maintain existing vegetation and larger trees. Pathways in scrub habitat lacking canopy should be avoided. v) Where a minimum preserve width of 20 feet cannot be maintained on either side of pathways, the pathway shall be located along the side of the preserve. vi) Pathways shall not interfere with the nests, dens, burrows or roosts of listed species or the nests of bald eagle, unless permitted or authorized by the FFWCC or USFWS. vii) Pathways, other than boardwalks, shall be at or on natural grade unless constructed on berms for the stormwater management system. Slopes for stormwater management berms in or adjacent to preserves shall be stabilized and planted with 100% south Florida native species compatible with the habitat present in the preserve. b) Shelters without walls. c) Educational signage and bulletin boards located on or immediately adjacent to the pathway, d) Benches for seating Page 66 of 194 Wnrdc 444e:k thxa.h ara d INtPd ..,.,r.1c ,,..aarl;..a.d era .aaa t e) Viewing platforms f) Wildlife sanctuaries for indigenous free roaming wildlife. Wildlife parks, wildlife rehabilitation centers and similar type uses, with non- indigenous wildlife, or caged or enclosed wildlife, shall not be allowed within preserves. q) Conservation-related and recreational activities comparable in nature with the aforementioned uses, as determined by the County Manager or designee. h. The requirements of this subsection (3.05.07 H.1.h.i) shall not apply to preserve pathways, structures or improvements that had permits prior to [effective date of this Ordinance]. Existing pathways, structures or improvements that had permits may be repaired, maintained and replaced within the existing footprint of the pathway, structure or improvement. ii Stormwater subject to the following criteria. a) Nothing in this section shall exempt any system from complying with the stormwater management design standards as set forth by the South Florida Water Management District. b) Preserve areas shall not be used to meet water quality requirements as set forth in Section 5.2.1(a) of the Basis of Review for Environmental Resource Permit Applications for the South Florida Water Management District or the Watershed Management regulations of Section 3.07.00. c) Discharge of stormwater into a preserve shall be in a controlled manner to prevent erosion, scour, and to promote even distribution. d) Stormwater may be discharged into preserves comprised of: jurisdictional wetlands and the minimum required upland buffer Page 67 of 194 Wnrric r.tru .4 thr nM :Ire deleted wr,rrlc orn around these wetlands in accordance with an approved SFWMD Environmental Resource Permit (ERP): ii uplands comprised primarily (greater than 50 percent by area) of hydric soils as mapped by the Natural Resources Conservation Service NRCS) or as determined by in situ hydric indicators; non jurisdictional areas dominated by hydrophytic (Obligate (OBL) & Facultative Wet (FACW)) vegetation; il.t1 or a combination thereof. e) Where preserves include uplands comprised of greater than 50% by area of non-hydric soils and not addressed in subsection 3.05.07 H.1.h.ii.d (above), stormwater may be discharged into said preserves provided the following criteria are met: If gopher tortoise, red-cockaded woodpecker, Big Cypress fox squirrel, scrub jay or the nests of bald eagle are present, technical assistance from the FFWCC or USFWS shall be provided indicating that no harm to these species or their habitat will occur due to discharge of stormwater into the preserve. Technical assistance must be site specific: ii Demonstration that the upland portion of the preserve is not inundated for more than 30 consecutive days during a reference wet season, as demonstrated through stormwater modeling. For the purpose of this subsection, the reference wet season is May 1996 through October 1996. In this context, inundation means water levels averaging greater than 2" above the average ground surface of the preserve; Page 68 of 194 W rot rl .4. •u Ao«I: e l _ ,.a a_. or, if on-site groundwater data exists during a normal wet season, the applicant must demonstrate that the addition of stormwater to the preserve will not cause the groundwater elevation in the preserve to exceed the existing recorded peak groundwater elevation. A wet season typically spans June through November, and rainfall is considered normal if the monthly totals during a given wet- season fall within 25 percent of the average rainfall volume per month, as computed using nearby long-term regional rainfall data; Stormwater shall not be directly discharged into land designated as 322, 413, or 421 FLUCFCS Codes. fi When stormwater discharges are allowed in preserves, the associated stormwater facilities such as berms, swales, or outfall structures, may be located within the preserve, but the area of such facilities cannot count towards the native vegetation preservation requirement Pursuant to section 3.05.07. These facilities are not subject to setback requirements as found in subsection 3.05.07 H.3. These facilities may be placed in a drainage easement. q? Where stormwater discharges are allowed in preserves, the Preserve Management Plan as required in 3.05.07 must include a monitoring program. In the event stormwater introduced into a preserve results in unacceptable changes in vegetation within the preserve, then a remediation plan must be provided and the Preserve Management Plan revised accordingly. Unacceptable changes in vegetation within preserves include replacement of indigenous vegetation with non-native species, changes in vegetative composition which are inconsistent with target plant communities or die-offs of vegetation which are inconsistent with target plant communities. Page 69 of 194 Words 9t-rdc-kr- ..� Are dPletotI wnr`1c -,riel.a h) Stormwater shall be allowed in preserves in the RLSA - WRA areas in accordance with section 4.08.00 Rural Lands Stewardship Area Overlay District standards and procedures. i) A property owner may request deviations from the above regulations, 3,05.07 H.1.h.ii. Staff shall review the plans and proposed deviations to ensure that uplands in the preserve will suffer no adverse impact resulting from the proposed deviations. The process for obtaining deviations shall follow the procedure as set forth in Chapter 2, Article VIII, Division 23 of the Code of Laws and Ordinances; appeal before the EAC, and shall be heard at a public hearing of the EAC. No deviations shall be granted for 322, 413, or 421 FLUCFCS Codes. i) The requirements of this subsection (3.05.07 H.1.h.ii) shall not apply to discharge of stormwater into preserves pursuant to South Florida Water Management District or County permits or approvals issued prior to (effective date of this Ordinance]. iii. No setback from preserves is required for fences, or retaining walls permitted as part of the stormwater management system. Decorative walls must be set back a minimum of five feet from the boundary of preserves. Permanent fences and walls are prohibited within preserves unless approved by the FFWCC or USFWS as part of an approved wildlife management plan in accordance with 3.04.00. Where construction of such structures impacts native vegetation in the preserve, a restoration plan shall be provided and included as part of the preserve management plan. No trenching for wall/fence installation is allowed within 10 feet from preserve boundary, unless adjacent to a fire break in the preserve. Trenching is allowed for installation of gopher tortoise fencing pursuant to FFWCC Gopher Tortoise Permitting Guidelines and for retaining walls designed to minimize impacts to native habitat and wetlands, such as those permitted as part of the stormwater management system. Page 70 of 194 Words str -threes are deleted. words underlined are aeidPrl iv. No setback from preserves is required for impervious or pervious pathways, or other structures allowed within preserves pursuant to this section. v. In those areas of Collier County where oil extraction and related processing is an allowable use, such use is subject to applicable state and federal oil and gas permits and Collier County non- environmental site development plan review procedures. Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and qas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Biq Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. * * * * * * * * * * * * SUBSECTION 3.P. AMENDMENTS TO SECTION 3.06.06 REGULATED WELLFIELDS Section 3.06.06 Regulated Wellfields, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 71 of 194 Words stt-k-thfaugh are deleted, words underlined are added 3.06.06 Regulated Wellfields The following wellfield risk management special treatment overlay zones, as defined in section 3.06.03, and criteria specified herein shall be applied to the following wellfields: A. City of Naples East Golden Gate Well Field. B. City of Naples Coastal Ridge Well Field. C. Collier County Utilities Golden Gate Well Field. D. Everglades City Well Field. E. Florida Governmental Utility Authority Golden Gate City Well Field. F. Orange Tree Well Field. G. Immokalee Well Field. H. Ave Maria Utility Company Well Field. * * * * * * * * * * * * Page 72 of 194 Words 4R4eic''tiyrctitah arr.d l tprl COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD _ a.wW Wry - ,T \ I Ida 1.1LS Al - --�\� • i1 t.� { a .... .s - N Y ,.nM...K... r COLLIER COUNTY UTILITIES GOLDEN GATE WELL FIELD Page 73 of 194 Words s#Hek-tlar-ough are deleted_ words underlined are added C.R 858 22 _3 24 19 20 91 I 22 23 24 I 3 L 11 i RANDALL uIEVARD I pl(pLEE ROAR 1 17 26 ,E 30 :9 28 i 27 76 .5 BD 30 _-._. 1 1 4 j 3:iziHTTji 1 1V. I 2 1 — G0.DEN GATE 87yLEVARD __ et D 1 1 I---- --- �-_ 1, ,G > -, 12 7 I 9TAN•1 _4____ei i i it _, 1 2 di*4riuuj,j 1 15 12 1 12 17 SIMI !...---1w91--. Oil 1'3 1 ♦ 13 12 �- -� tu sTw•t . —� 72 : 23 2A TST1N•2 BT:w-9 — 23 I c 13`� 27 26 25 �M '0 2s 2855 27 "G -- .-- --- 25 30 ---- _________ ----__-1 . 35 26 31 I 32 33 J4 35 INTERSTATE-75 36 J, I AL4,GATOR AL LEY IS A.94) J 2 I I 6 1 1 1 4 3 1 I 2 6 Illustration 3.06.06 C. For more detailed information, refer to the Collier County Zoning Map at www.colliergloy.net/Index.as_px?page=992 * * * * * * * * Page 74 of 194 Words S#t+Ek-thrnnob aro rlPIetPi1 wnrAc 1tn.7c9-1;11.A ,,«e-..7.✓1vd FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD i kM l i' ihx �1 -) IT � i * 4F ill u ii IL it..: , 11,,I , i..A _ _,......., . .... ..,,•.;„ . .... _.;..) ,...,, . 1,tIjl .. r ; II ( ' . 1 I i ' '� Ill � 1 - 1 / , it ' 'W ' , F ` rI ....._f) , al, sa.. II+ffRAIC$i - 75 � i li 34 + ` A f. .1...7 . .. I Raa5b) i.....r ..1.._,.1.-Li ' Page 75 of 194 FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE CITY WELL FIELD .3 i7 24 W i a i I N P , 4,11 <01 , Lh ib 23 i $TM/-1 ST/W.2 i3 en _` STSTr Wd:i4 W U INSrq 33 I ors '6 �4 1 Illustration 3.06.06 E. For more detailed information, refer to the Collier County Zoning Map at vw collier net/lnd .asnx'7naae= * * * * * * * * * * * * s Page 76 of 194 Words strtf€I-throug-h are deleted, words underlined are added ORANGE TREE WELL FIELD 11 I '� IC ,,..� .... ii • I/ , I . • 42.11.7.. la Itl 1 ji • Cry `,., �-�� • aawEuROM;tcK.rq ji I 122 i II �._.. 1 - _.. --... _.______.._ i kouewwo Page 77 of 194 Words strttek4hrough are deleted, words underlined are added ORANGE TREE WELL FIELD 11 12 1C 7 a 14/ ST/W 1 8 13 ST/W-2 1 O ST!W-3 111 5T/W1 ST/W-2 STlW-0 ST/W-3 OIL WELL ROAD ST/W1 ST/W.2 ST/W 3 22 23 24 19 RANDALL BOULEVARD r � Illustration 3.06.06 F. For more detailed information, refer to the Collier County Zoning Map at r ?l�aae_ k d' Yf M I i 'R M Page 78 of 194 Words struck t h are deleted, words underlined are added AVE MARIA UTILITY COMPANY WELL FIELD -9 2, 2' 22 24 IMMOKALEE ROAD J 7r 29 28 27 1I __ _ __t____t_____ 1 1 ST,W4 1 I I I I I �\ 1 I 1 i 11 I ',1 I 32 1 _S I ?4 1 I 1 I II I 1 I 1 1 I 1 1 1 1 srw-i ST/W.2 STi W-3 1 r ' 4 3 ST'W-1 BT,W- �` STAY. BT,W.1 ST,W-1. ST/W-2 ST:W-2 1 $T!W3 V „ i* .t 9TAN 1 •C J 3TrWt Aa STrW21 ST:W3-• ST'W4 Tr sv.i Si. ST,W.3- 9T.'W3all STW.4 NIII =' ` 1/ 15 w S OIL WELL ROAD Illustration 3.06.06 H. For more detailed information, refer to the Collier County Zoning Map at WWW.colliergov.netLlndex.aspx7p ge=992 Page 79 of 194 Words struck through are deleted, words underlined are added * * * * * * * * * * * * SUBSECTION 3.Q. AMENDMENTS TO SECTION 4.02.01 DIMENSIONAL STANDARDS FOR PRINCIPAL USES IN BASE ZONING DISTRICTS Section 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.01 Dimensional Standards for Principal Uses in Base Zoning Districts * * * * * * * * * * * * D, Exemptions and exclusions from design standards. * * * * * * * * * * * * 9. Fences, walls and hedges, subject to section 5.03.02, and-pad-ground (slab on grade) mounted air conditioners,.unenclosed pool equipment and well pumps, are permitted in required yards, subject to the provisions of section 4.06.00. (For permanent emergency generator setbacks see Article IV, section 54-87 of the Collier County Code of Laws and Ordinances.) * * * * * * * * * * * * SUBSECTION 3.R. AMENDMENTS TO SECTION 4.02.02 DIMENSIONAL STANDARDS FOR CONDITIONAL USES AND ACCESSORY USES IN BASE ZONING DISTRICTS Section 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.02 Dimensional Standards for Conditional Uses and Accessory Uses in Base Zoning Districts A. GC District. IRESERVEDI 4- ; • • • • • •• Page 80 of 194 Words sal}are deleted,words underlined are added B. A District. JRESERVEDI 1- a- • • • RMF 16, RT, VR, MH, TTRVC and PUD or re..identially used- . 2.03.01(A). (44 dust, dirt, fumes, vapors, or gases which can cause Tolle -4+) (iii) 2, • Page 81 of 194 Words si t# a gh are deleted, words underlined are added Asphalt plants 10 acres } Dairy 20 acres Livestock raising 20 acres Poultry and egg production 20 acrcc } 20 acres 4 t 3, • (4i3 (iv) sunrise to sunset. (-0 assediated-paFking, opacity one (1) year after issuance of certificate of • (vie} • Page 82 of 194 Words st tfeac eugh are deleted, words underlined are added G- Tour • (44 his: (iii) the estabfiGla en# of new trails. • 034 noise. • 01-4 (viii • C. E District. JRESERVED1 * * * * G. C-1 District. IRESERVEDI the--following: Page 83 of 194 Words strucks-tfuek—threugh are deleted, words underlined are added d- e- • 0 t feet. • • i7 H. C-2 District. JRESERVEDI 9 b, Page 84 of 194 Words suck-t#fe+ig#i are deleted,words underlined are added S truces@: o 2, #etlowtney C-1 District. • I. C-3 District. JRESERVEDI J. C-5 District. fRESERVEDj 1, o 2, 3- • 4. • ion 4.06.00. 3 Code. Page 85 of 194 Words struck through are deleted, words underlined are added 9, • K. I District. JRESERVEDI • a- • • • • (40 nd a let area. • distriet. * * * * * * * * * * SUBSECTION 3.S. AMENDMENTS TO SECTION 4.02.12 SAME—OUTDOOR STORAGE Section 4.02.12 Same—Outdoor Storage, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.12 Same—Outdoor Storage • • • • Page 86 of 194 Words sty ough are deleted, words underlined are added C-: A. All permitted or conditional uses allowing for outdoor storage, including but not limited to storage of manufactured products, raw or finished materials, or vehicles other than vehicle intended for sale or resale, shall be required to screen such storage areas with a fence, or equivalent landscaping or combination thereof, not less than seven (7) feet in height above ground level. Said fence or wall shall be opaque in design and made of masonry, wood, or other materials approved by the County Manager or designee. * * * * * * * * * * * * SUBSECTION 3.T. AMENDMENTS TO SECTION 4.02.29 SAME—FARM MARKET OVERLAY SUBDISTRICT Section 4.02.29 Same—Farm Market Overlay Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.29 Same—Farm Market Overlay Subdistrict * * * * * * * * * * * * • C- following 4- • • 2- • • • • • • • 2< 4. Ir ens+ ti 6- Sanitary--f acilit►es: Page 87 of 194 Words strut -N ough are deleted, words underlined are added • • sales- l • 1, • * * * * * * * * * * * * SUBSECTION 3.U. AMENDMENTS TO SECTION 4.02.32 SAME—MAIN STREET OVERLAY SUBDISTRICT Section 4.02.32 Same—Main Street Overlay Subdistrict, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.32 Same—Main Street Overlay Subdistrict * * * * * * * * * * * * 1R:- • a )=ire r� h'rotecfion en m Page 88 of 194 Words sEk—tlifeit-gh are deleted, words underlined are added i 2- • follow+- a of-way- * * * * * * * * * * * * SUBSECTION 3.V. AMENDMENTS TO SECTION 4.02.35 DESIGN STANDARDS FOR DEVELOPMENT IN THE GTMUD-MIXED USE SUBDISTRICT(MXD) Section 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict(MXD), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.02.35 Design Standards for Development in the GTMUD-Mixed Use Subdistrict (MXD) * * * * * * * * * * * * B. Regulations For Outdoor Display and Sale of Merchandise. * * * * * * * * * * * * GTMUD Figure 1. Front Setback Zone Davis Boulevard, US 41, Airport-Pulling Road and Commercial Drive (For illustrative purposes only) Page 89 of 194 Words st k—thr-eugh are deleted, words underlined are added Front Setback Zona Front Setback Zone Mixed Use Subdistrict Mixed Use Subdistrict and C-i through C-1 and C•i through C-6 Commercial Zoning Commercial Zoning Districts Districts lie i t N-10w 14; ure ; arm T i mom. 9°ra'd A "w. -Front ts.._m..sesr Awl Ninea.t.n n FMy Davis Boulevard, US 41 Commercial Drive and Alrport-Pulling Road Front Setback Zone Front Setback Zone Mired Use Subdistrict Mixed Use Subdistrict and Gi through C-5 and G1 through C.5 Commercial Zoning CommerciDsr Zoning Dfstrkts - 14,2N II MAK —......... N .. 5 ti zeos Davis Boulevard, US 41 Commercial Drive and Airport-Pulling Road Page 90 of 194 Words s -through are deleted,words underlined are added GTMUD Figure 3. 3-Story Building Height, Step Back, Projections, and Recesses (For illustrative purposes only) Mixed Use Subdistrict/Residential above Commercial or Residential Only Fronting on US 41: 3 Stories Maximum Actual Height:36 Feet Mini Triangle Mixed Use _ s 8 Stories Maximum Actual Height: 126 Feet Parapet magnum 4 heat above Rod Commercial Zoning istricta ------ _�,, &Atm of Few*Line or Top r Bulb-up Root Heights according to current LDC 10 Feet Minimum Residential Use Only Step Beat ban Front Wad BuUd.a-LMm 3r0 Stay and I A Above Max*nurn Haight. 42 Ft Commercial Use or ReervLrms bee 9usoxrpeOnly I 6 Feet, n 1 —_ i PfDlipean Mowed for Awnings, Canopus,end ;M Oa\ 6 Feet Maximum v 70%of Front Facade mud be placed on Front Yard BWId-AyLine,and Reamer must be a Minimum of 3 Fast �9Feet � I GTMUD Mixed Use Subdistrict and C-1 through C-5 Districts: Building Height Step-Back, Projections and Recesses Page 91 of 194 Words sir are deleted, words underlined are added Mixed Use Subdistrict/Residential above Commercial or Residential Only Fronting on US 41: 3 Stories Maximum Actual Height:58 Feet Mini Triangle Mixed Use i 8 Stories Maximum Actual Height: 126 Feet Perapet maximum 4 Peet above Roof Commercial Zoning Districts Bottom of Em'.Lhi*or Top of Built-up Roofere Heights according to current LDC i 110 Feet Minimum RealdenUal Use Only Step•back from P. Front Yard BuIM•bdMa h Jrd Story and Above IMIIIIImmor - ^i CommarolsiUs.or i Y „f �' Reeldenfal Use Buildings 4 a onli 0t I e Feef Projection Allowed IorAwnlnpa, �M .� CenopMa and •J Bdcnha: 6 Feet Mulmum I e I /a Few GTMUD Mixed Use Subdistrict and C-1 through C-5 Districts: Building Height,Step-Back, Projections and Recesses Page 92 of 194 Words s:'k h ough are deleted, words underlined are added GTMUD Figure 4. 4-Story Building Height, Step Back, Projections, and Recesses (For illustrative purposes only) Mixed Use Subdistrict/Residential above Commercial or Residential Only Fronting onUS 41: 4 Stories Maximum Actual Height:70 Feet Mini Triangle Mixed Use 8 Stories Parapet maximum 4lbdt above Roo/ Bottom cif aye Line or dBuot-yo Roo/ '* Maximum Actual Height:126 Feet I ! Comrnertcial Zoning Districts Heights according to current LDC Allowed b F Awnings,or I Residential Use Omy I� 10 Minimum Fed 10 Feet AAnhean Sle0-8ack from Build- to-Line RenMantl"Us day I E ~ ird and Story Ia l and Abosi. lie II 4Sto,1.. Oar Height AR hexed UsReakitindel e Commercial or Redding"Use Only Commserml ur RseManlW y"np on U.S 41 At.ftx/ ass "Feel 1 First Flow N"{eiA No less ern 12 Feet Projeodon Allowed No more 4nen 10 Fed �Awnings, From 1! Canopies.end Finished Floor fo Capita Fi 21 Prat Floor Commercial Use Only 1 -11 Fxwnee Fear .Y 70%of Front Facade must be plead on From Yard BuMd-no-Line,end Romps« moat bee MYemun of 3 reet I 3Fed GTMUD Mixed Use Subdistrict and C.1 through C-5 Districts: Buildingand Recesses Height, Step-Back, Projections -_- Page 93 of 194 Words st-Ftuc-k-through are deleted, words underlined are added Mixed Use Subdistrict/Residential above Commercial or Residential Only Fronting on US 41: , 4 Stories Maximum Actual Height:70 Feet e Parapet matknum 4 Font gave Roof Mini Triangle Mixed Use Bottom of Savo Line or Top of Bu5141p Roof 8 Stories Maximum Actual Height:126 Feet 01i'M" Commercial Zoning Districts Projection. 1 5Pw " Heights according to current LDC Allowed for Reewendel Use any Awnings or Colonies lur E 10 Mlnkoum Feet g se 10 Feet Minimum q Stemback from Front Yard Reafdsnfld Uas t) Bul d•to'LIne at M1 3rd end Story intIAbove 4 1 aaaaaa�� a! 4 Stories $ Maximum Height aC H v k % MendUse x r Residential Over %,r,, Commerciale,RuldoBN ppr y+•' Commercial or Residential UuOny OnyFrontngonUs41 F"` . wanes ore, s Feet cI I MJph RI(Floor lt No loss then 11 Feet 1t Protection Allowed No more than PI FM I q lR7 for Awnings, From ii _ seCanopies and Finished Flaw t0 Ceiling Balconies. Ref poor Commerch!Use any flotsam. I I / / I i 7PM GTMUD Mixed Use Subdistrict and C-1 through C-5 Districts: Building Height, Step-Back, Projections and Recesses Page 94 of 194 Words sty are deleted, words underlined are added C. Parking Standards * * * * * * * * * * * 1. Mixed Use Projects * * * * * * * * * d, Parking Location i. Off-street parking in front of buildings abutting US 41, Davis Boulevard or Airport-Pulling Road shall not exceed 50% of that building's parking requirement. a) The design shall be a single-aisle double-loaded parking lot. b) The remaining parking required shall be located on the side or rear of the building. Parking Location (For illustrative purposes only) GTMUD•Mixed Use SubdisNct Loest/on of Off Street Parking (e FrontYwaupa o-Un• lw Parkin_ ie on Roar or Sides mmt _ r' I Corner Lots - Uiuunluui ; interiorLots 1 9 permitted on side or permitted on side or o - I rear of Front Yard Build-to-Um _ `— AuUd�ho Une. fm1 Yen,eroLi. L �.tJ •Frmn Yard&dd-to-Lbr! 7I Page 95 of 194 Words st ue gh are deleted,words underlined are added GTMUD-Mixed Use Subdistrict: Location of Off Street Parking I JIIIIII I I Ir I i IOWI I ' L- --- - - --- - Publk ti.. GTMUD Figure 5 * * * * * * * * * * * * SUBSECTION 3.W. AMENDMENTS TO SECTION 4.05.02 DESIGN STANDARDS Section 4.05.02 Design Standards, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.02 Design Standards * * * * * * * * * * * * M. Each parking space shall be a minimum of nine (9) feet by eighteen (18) feet in size or sixteen (16) feet in depth measured from the aisle width to the face of the wheel Page 96 of 194 Words struck-threugh are deleted, words underlined are added stop except in the case of parallel parking where the dimension of the space shall be nine (9) feet by twenty-three (23) feet for spaces running parallel to the driveway which affords access to said spaces. As an alternative, nine (9) feet by eighteen (18) feet spaces may be used in which case there must be a six (6) foot marked clear zone space in front of or in back of every space. See Exhibit "A" for typical off-street parking design. All parking spaces for the exclusive use of compact vehicles indicated on an approved site development plan, and any subsequent amendments thereto, shall be counted as standard parking spaces. Page 97 of 194 Words str-ttek-thr-eugh are deleted, words underlined are added ----------- ii .,.—,._,____ Sl Mr I L r 1—IL 5 .. 'I I II i ( I "6 I: a E \ 1 cawc, 4: T • _1ils, IT ! IT _I__ taut) .__ 4 _ ,r - i< I �..�.. .. r. ' : T t*s, . �. . T Lr ?__ V r i4 tr Q `: D�rr• TYPtCAL OF/-SThZsf ' , q'ell PARXINC GES1GN 3 Y a t i 9IV1310101 t3 . q * Y OUNTY 1:11YELOPVIRT I _ ;�[? COLLIER Ct3 OD!PARNDDfr i I. s i — 19 JAN oe J Pitt L _ EXHIBIT A Page 98 of 194 Words s .-k-thr-eugh are deleted, words underlined are added ,osse0 1•.. g I i „W.'4-,6 •:i Pi ,,ocog 14.1 1.4,V ri LI 6... •. -8- cjzflm .• . lo ow ---4•1 -.,, .4— F. b --,-, . IN ..- I.- il--.` - Oa i- -- et a• .„.1.— ...--._1 .-...0" 7.......-- ua La a f Fd'IS Fe' °v1.—... ,..2 cn f e: CC dw- ..c -----,, gi a_ 2 r2t ,,,--- ...._ _ w- -. f., 7 2„...„„ ..t, . 9t I. , .. (A 02 v) n 1 ......, .;.-.i I., 1 .,, Q. \ . \ 4 ,,3 „..... ,,...if .. • r., .,---- ----- ,. ,..,, -,.,.. , -T-1- ...„.::. -74--___„„, RAMF' 7'......\\..,:,7-,\:„.\::\ ,..•,',.:\ . 1 ^ 12'1 '-^.:',:•••••:`,',:,\-::,&•\\.• '" i%:('' .2..k. F-- ...- ---, l• ,; ; _,..i ( 11 0_05 ; i_ ..... c,„ ,_, __ . i cr; F', . r.a., g? i• N.,.k —r- ., ,..•.:•I'— • I-- n " •.. I . —DI " o .....''',,, --i--- I -,.....L . • •• -.,• r ( (BLUE) L. 1 { I la •• .7 ".• • 6,, a: _.,._. .-' s'"• -rc, -- .. n i-c ...-- cr. t.-. T (WIIITL) 7:-..7...7„.,,,,,,,, -- '... .., 1 J , ,_ ......„_...,..,. _....._ .....— ,.., ,, ..1 a_ rn cc., c.) u.F.,, I ..,A...; TYPICAL OFF-STREET ;A 7 •,.. ;•I .....--..... PARKING DESIGN -• z '‘,..- — <- DIVISION 2.3 I ; ..7 --.•-i c4'''..,c .- i.n.c 1 .........:.....ra COWER COUNTY DEVELOPMENT .... SERVICES DEPARTMENT 7 r, I 9 JAN 96 1 N.T.S. ...I EXHIBIT A _.......... Page 99 of 194 Words stf-tiElec-tlireugh are deleted, words underlined are added * * * * * * * * * * * SUBSECTION 3.X. AMENDMENTS TO SECTION 4.05.04 PARKING SPACE REQUIREMENTS Section 4.05.04 Parking Space Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.05.04 Parking Space Requirements * * * * * * * * * * E. Required off-street parking shall be located so that no automotive vehicle when parked shall have any portion of such vehicle overhanging or encroaching on public right-of-way or the property of another. If necessary, wheel stops or barriers may be required in order to enforce this provision. F. Required off-street parking according to the requirements of this Code shall not be reduced in area or changed to any other use unless the permitted or permissible use that it serves is discontinued or modified, or equivalent required off-street parking is provided meeting the requirements of this Code. F- G. Minimum requirement. 1. Irrespective of any other requirement of this LDC, each and every separate individual store, office, or other business shall be provided with at least one (1) off-street parking space, unless specific provision is made to the contrary. 2. The County Mn anager or designee may determine the minimum parking requirements for a use which is not specifically referenced below or for which an applicant has provided evidence that a specific use is of such a unique nature that the applicable minimum parking ratio listed in this LDC should not be applied. In making such a determination the County Manager or designee may require submission of parking generation studies; evidence of parking ratios applied by other counties and municipalities for the specific use; reserved parking pursuant to section 4.05.05; and other conditions and safeguards deemed to be appropriate to protect the public health, safety and welfare. G- H. Spaces required. Table 17. Parking space requirements. * * * * * * * * * Page 100 of 194 Words •sr•� ,rough are deleted, words underlined are added SUBSECTION 3.Y. AMENDMENTS TO SECTION 4.06.01 GENERALLY Section 4.06.01 Generally, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.00 LANDSCAPING, BUFFERING, AND VEGETATION RETENTION 4.06.01 Generally * * * * * * * * * * * * D. Landscaping with Sight Design Triangles. 1. Safe sight distance triangles at intersection and access points. (Refer to Figure 4.06.01 D., Sight Distance Triangles). Where a driveway/access way intersects a right-of-way or when a property abuts the intersection of two or more rights-of-way, a minimum safe sight distance triangular area shall be established. Within this area, vegetation shall be planted and maintained in a way that provides unobstructed visibility at a level between 30 inches and 8 feet above the crown of the adjacent roadway. Landscaping shall be located in accordance with the roadside recovery area provisions of the State of Florida Department of Transportation's Manual of Uniform Minimum Standards for Design, Construction, and Maintenance of streets and Highways (DOT Green Book) where appropriate. Posts for illuminating fixtures, traffic control, and street name signs shall also be permitted, so long as the sign or equipment is not within the prescribed clear space. Where an accessway enters a right-of-way, two safe distance triangles shall be created diagonally across from each other on both sides of the accessway. Two sides of the triangle shall extend 10 feet each way from the point of intersection from the edge of pavement and the right-of-way line. The third side of the triangle shall be a line connecting the ends of the other 2 sides. Page 101 of 194 Words struck-through are deleted, words underlined are added \r'-----i—';-- . IIIStreet Psvemmnt he— tD ---- 44.A . A 1I I (Prop. Lirie) a s:aa«ar Oriveway .r. ..a�..r..Homo�. t,����' .•r. Londacope '%' l� a h1. min. 1 ^il`' • Buller it., near trunk Mr � . Triangles of Require0 ..•4254 3O ht moil % I Grose View/AR, �— , t (Hatched Areas) PLAN : lntortottfon of Djlv$rar and S1jq • T Area of Required rV Gave Visibiliy ' .mil{k •'V2a d , • 11" Ai. Max. aw.....+��r r,.a+ t.ii iF. 10.___—•-oi 4' ri-- Driveway -----r 3-1+-- so� eod 1D --* Edq* of Pavement STD" CROQS 5EcT1ON A-A' ; Interstction of Orivewor one, Street Strome I I Swald: . •''•1• ErteNlionu or Rights ott War(Pray. Lin.) 1Mwk 1/ 23' Triangles of Required -'f i Crops Viaebidtr 1, (Moaned Arita) r. PLAN : Street Intereectior! Page 102 of 194 Words st ue4 g;are deleted, words underlined are added \/ Street Pavement A I.—10 —� I•---10'— .1 I I I A' (..Swale... I I •I•.• .:....: r—_Right of Way ...........•.•1•.•:..•...... / (Prop. Line) Sidewalk Driveway I / Landscape•'% , 8' ht. min. J 1 �N-eart �i' .: ia�.-r 7 e.F fTZs'fF7i';s R Triangles of Required �-/';• 30" ht. max. Cross Visablllty I:: — j I (Notched Areas) PLAN : Intersection of Driveway and Street ,. '` Area of Required ,{''K4 `,r , Cross Visibility , I`.:a I f . f/ !// T clear (////,/ f✓ f ✓L'4y /,l. //� 9'trunk ////// , _',f�f-,41 �• ir,`` 1 30" ht. max. w.rrr,_iI1> �r' ar , -.13' =— Driveway 3 sod sod • 10' Edge of Pavement 10' CROSS SECTION A—A' : Intersection of Driveway and Street CLEAR AREA FOR Ip SIGHT DISTANCE / 7 .. / R W / ----�—` / '0 PAVEMENT -..\\\\ //c- el I I I I I I LOCAL ROADWAY IN SUBDIVISION Figure 4.06.01 D —Sight Distance Triangles Where a property abuts the intersection of two rights-of-way, a safe distance triangle shall be created. Two sides of the triangle shall extend 30 feet along the abutting right-of-way lines, measured from the point of intersection. The third side of the triangle shall be a line connecting the Page 103 of 194 Words struck-through are deleted, words underlined are added ends of the other 2 sides. The developer shall comply with all of the provisions of the applicable landscape requirements and this section 4.06.00 at the time of subdivision or development approval or when applicable. * * * * * * * * * * * * SUBSECTION 3.Z. AMENDMENTS TO SECTION 4.06.05 GENERAL LANDSCAPING REQUIREMENTS Section 4.06.05 General Landscaping Requirements, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.06.05 General Landscaping Requirements * * * * * * * * * * * * D. Plant Material Standards. * * * * * * * * * * * * 4. Shrubs and hedges. Shrubs and hedges shall be installed and maintained at a minimum height as specified in Section 4.06.02.C,4-- except where street-visibility at street and driveway intersections is required and where pedestrian access is provided. Shrubs and hedges shall screen the adjacent pavement surface or developed property required to be buffered and/or screened. Hedges, where required, shall be maintained so as to form a continuous, unbroken, solid visual screen within a minimum of one year after time of planting. * * * * * * * * * * * * SUBSECTION 3.AA. AMENDMENTS TO SECTION 4.08.07 SRA DESIGNATION Section 4.08.07 SRA Designation, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 4.08.07 SRA Designation * * * * * * * * * * * * K. SRA Public Facilities Impact Assessments. Impact assessments are intended to identify methods to be utilized to meet the SRA generated impacts on public facilities and to evaluate the self-sufficiency of the proposed SRA with respect to these public facilities. Information provided within these assessments may also indicate the degree to which the SRA is consistent with the fiscal neutrality requirements of Section 4.08.07 L. Impact assessments shall be prepared in the following infrastructure areas: * * * * * * * * * * * * 7. Public Schools. The applicant shall coordinate with the Collier County School Board to provide information and coordinate planning to accommodate any impacts that the SRA has on public schools. As part of the SRA application, the following information shall be provided: Page 104 of 194 Words struE4E-thr-ettgh are deleted, words underlined are added a. School Impact Analysis JSIA) for a determination of school capacity only (refer to section 10.04.09 for SIA requirements); and ; s b. The potential for locating a public educational facility or facilities within the SRA, and the sites location(sl of any siteisl that may be dedicated or otherwise made available for a public educational facility. * * * * * * * * * * * * SUBSECTION 3.BB. AMENDMENTS TO CHAPTER 5 SUPPLEMENTAL STANDARDS TABLE OF CONTENTS Chapter 5 Supplemental Standards Table of Contents, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * 5.03.00 Accessory Uses and Structures 5.03.01 Canopy Tents and Shades 5.03.02 Fences and Walls, Excluding Sound Walls 5.03.03 Guesthouses 5.03.04 Dumpsters and Recycling 5.03.05 Caretaker Residences 5.03.06 Dock Facilities 5.04.00 Temporary Uses and Structures 5.04.01 Temporary Use Permits 5.04.02 Interim Agricultural Uses 5.04.03 Temporary Uses During Construction 5.04.04 Model Homes and Model Sales Centers 5.04.05 Temporary Events 5.04.06 Temporary Signs 5.04,07 Annual Beach Event Permits 5.04.08 fReservedj * * * * * * * * * * * * SUBSECTION 3.CC. AMENDMENTS TO SECTION 5.03.02 FENCES AND WALLS Section 5.03.02 Fences and Walls, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: Page 105 of 194 Words struckstr-uok—through are deleted, words underlined are added 5.03.02 Fences and Walls, Excluding Sound Walls A. All districts. 1. Whenever a property owner elects to construct a chain link fence, ted clocor than three (3) a. Structures subj etandacds i. Chain link and wood fences are prohibited forward of the and planted no more than 3 feet on center at time of (a) Fences must not exceed four feet in height. sign. 2. All fences and walls shall be of sound construction and shall not detract Page 106 of 194 Words stme-li4hreugh are deleted, words underlined are added • • 1. General ground elevation of the entire lot. be-messed- Page 107 of 194 Words strtfek thco got are deleted, words underlined are added �. Fences of walls shall be permitt , • , , • • 1. Fences or walls en lots greater than one (1) acre in area may reach 3 2. For non w in area, fences of s. 3. For waterfront tots one (1) acre • two (2).) Foncc^ heiffht, fehses--shall--be-far-ehtlatted-rexaept--that-the-laGard-ef-Zehictg-Appeats-m_ ay D. Agriculk►fal districts. For the purposes of this erection, agricultural districts shall • (3)-feet-in-height • Page 108 of 194 Words st -tt-tre+gh are deleted, words underlined are added district. • height • • c (1) year of the • A. Fences or walls shall be permitted principal uses in all districts, subject to the restrictions set forth in this section, unless specifically exempted; however, a Page 109 of 194 Words strueli-thr-eug1 are deleted,words underlined are added fence or wall shall not, in any way, constitute a use or structure, which permits, requires, and/or provides for any accessory uses and/or structures. B. A fence or wall may be located on a lot line, but no fence or wall (including foundation) shall protrude in full or part on adjacent property or right-of-way. C. Residential (RSF, RMF, RT, VR, MH) and TTRVC zoning districts and designated residential components of PUDs shall be subject to the following maximum fence and wall heights: a. Required front yard lots greater than 1 acre: 6 feet ii. non-waterfront interior lots 1 acre or less: 4 feet iii. waterfront lots 1 acre or less: 4 feet iv. corner lots 1 acre or less: fences closer than 10 feet to the longest lot line frontage of a corner lot, 4 feet; when placed at 10 feet or greater from the longest lot line frontage, than 6 feet. b. Required side and/or rear yard(s) lots greater than 1 acre: 6 feet ii. non-waterfront interior lots 1 acre or less: 6 feet iii. waterfront lots 1 acre or less: 6 feet side yard(s); 4 feet in rear yards iv. Public Utility Ancillary Systems: 8 feet v. corner lots 1 acre or less: 4 feet (there is no rear yard on a corner lot) D. Commercial and Industrial zoning districts, excluding the TTRVC zoning district; Business Park zoning districts: and designated commercial, industrial and business park components of PUDs shall be subject to the following maximum fence and wall heights: 1. Fences or walls shall be limited to a maximum height of 8 feet. 2. The County Manager or designee may approve an administrative variance from the height limitations of fences and walls in commercial and industrial zoning districts provided that at least one (1) health, safety, or welfare hazard peculiar to the property is identified, and that such approval does not address a generic problem more properly corrected by an amendment to this Code. E. Agricultural and Conservation zoning districts Page 110 of 194 Words struck-tlir-eugh are deleted, words underlined are added 1. Fences and walls within agricultural districts shall be exempt from height and type of construction. F. Fence and wall design standards in all districts 1. Measurement of fence or wall height a. Existing ground levels shall not be altered for the purpose of increasing the height of a proposed fence or wall except as provided for in this section and section 4.06.00. b. Determination of ground level. The height of a fence or wall shall be measured from the ground level at the fence or wall location. The County Manager or designee shall determine the ground level for the purposes of measuring the height when it has been determined that the ground level has been altered for the purposes of increasing the height. In such determinations, the County Manager or designee may consider, but is not limited to, the following facts: General ground elevation of the entire lot. ii. In the case of a lot with varying ground elevations, the average elevation over the length of the fence or wall and at points in the vicinity of the fence or wall. c. The ground elevation on both sides of the fence or wall. In measuring the height, the ground elevation on the side of the fence or wall location that is at the lowest elevation shall be used as a point from which the height is to be measured. 2. Fences and walls shall be constructed of conventional building materials such as, but not limited to, precast concrete, composite fencing materials, concrete masonry, brick, wood, decorative iron or steel, wire or chain link, as specified herein. 3. Fences and walls shall be constructed and maintained in a manner as to not create a safety hazard or a public nuisance. 4. Safe Distance Sight Triangle a. A safe distance sight triangle shall be maintained where any property abuts the intersection of 2 rights-of-way (see subsection 6.06.05 C.). The triangle is created from the point of intersection and extends parallel to the abutting rights of way for a distance of 30 feet, connected by a line to create the 3rd side . Any portion of a front yard fence or wall within this triangle is restricted to a height of 3 feet. (See Figure 5.03.02 F.4). Page 111 of'194 Words stfueli-thfetpgli are deleted, words underlined are added I I.. CLEAR AREA FOR 1' SIGHT DISTANCE 2� ,_ I I I �^A r I N } , e Ft 'N i / 20• PAVEMENT I J i 1 •'I t I I I I I LOCAL ROADWAY IN SUBDIVISION Figure 5.03.02 F.4 5. Fences and walls shall be constructed to present a finished side of the fence or wall to the adjoining lot or any abutting right-of-way. a. If a fence, wall, or continuous landscape hedge exists on the adjoining parcel, this provision may be administratively waived by filing the appropriate application for consideration by the County Manager or designee. b. Barbed wire, razor wire, spire tips, sharp objects, or electronically charged fences are prohibited, except that the County Manager or designee may allow the use of barbed wire in conjunction with a fence for facilities where a security hazard may exist, such as a utility substation, sewage treatment plant, or similar use. G. Supplemental Standards 1. Fences on sites with structures which are subject to section 5.05.08 Architectural & Site Design Standards must comply with the following additional standards: a. Chain link (including wire mesh) and wood fences are prohibited forward of the primary facade and shall be a minimum of 100 feet from a public right-of-way. If these types of fences face a public or private street then they shall be screened with an irrigated Page 112 of 194 Words struck through are deleted,words underlined are added hedge planted directly in front of the fence on the street side. Plant material shall be a minimum of 3 gallons in size and planted no more than 3 feet on center at time of installation. This plant material must be maintained at no less than three-quarters of the height of the adjacent fence (See Illustration 5.03.02 A1.a. - 1). b. Fences forward of the primary facade, excluding chain link, wire mesh and wood are permitted under the following conditions: Fences shall not exceed 4 feet in height. ii. The fence provides either an open view at a minimum of 25 percent of its length or provides variation in its height for a minimum of 15 percent of its length with a deviation of at least 12 inches. . The fence style must complement building style through material, color and design. 2. Use of chain link or wire mesh fencing (the requirements of this section are not applicable to single family dwellings): a. If located adjacent to an arterial or collector road in the urban coastal area, the fence shall be placed no closer than three feet to the edge of the right-of-way or property line. b. The fence shall be screened by an irrigated, living plant hedge at least thirty (30) inches in height at planting and spaced a distance apart that will achieve opacity of 80 percent sight-obscuring screen within one year of planting. 3. Barbed wire is only authorized within agricultural, commercial, industrial districts and on fences surrounding public utility ancillary systems in all districts. Razor or concertina wire is not permitted except in the case of an institution whose purpose is to incarcerate individuals, i.e., a jail or penitentiary, or by application and decision by the County Manager or designee. H. Wall requirement between residential and nonresidential development Whenever a nonresidential development lies contiguous to or opposite a residentially zoned district, a masonry wall, concrete or pre-fabricated concrete wall and/or fence shall be constructed on the nonresidential property consistent with the following standards. 1. Height and Location. a If located on a contiguous property, then height shall be 6 feet to 8 feet and placement shall be no less than 6 feet from the residentially zoned district. Page 113 of 194 Words�kF�;ran are deleted, words underlined are added b. If located on a property opposite a residentially zoned district but fronting on a local street or roadway, or the properties are separated by a platted alley, then height shall be 4 feet and placement shall be a minimum of 3 feet from the rear of the right- of-way landscape buffer line. c. If a property fronts on more than 1 street, then height shall be 6 feet and placement shall be required along the street which is opposite the primary ingress and egress point of the project along the street frontage which is adjacent to the rear of the project. d. These regulations shall not be construed to require a masonry wall and/or fence for properties used as golf courses or preserve areas and non-residential development fronting on an arterial or collector roadway where the opposite side of such roadway is zoned residential or to be otherwise inconsistent with the provisions of section 5.05.08(B) of this Code. 2. Landscaping requirements. a. When the placement is within the required landscape buffers, then the required vegetative plantings and irrigation for the buffer shall be located on the external side such that 50 percent of the wall and/or fence is screened within 1 year of the installation of the vegetative material. b. When the placement is outside of a required landscape buffer, then the wall and/or fence shall be screened with an abutting, continuous irrigated hedge on the external side such that 50 percent of the wall and/or fence is screened within 1 year of the installation of the vegetative material. 3. Timing of installation. a. The wall and/or fence shall be constructed following site plan approval but prior to the occurrence of any vertical construction or other site improvements. At the County Manager or designee's discretion, if site conditions warrant, the wall may be constructed in phases and/or after vertical construction or site improvements commence, depending upon the location of affected residential areas. 4. Deviation from wall requirement. a. At the applicant's request, the County Manager or designee may determine that a masonry wall and/or fence is not warranted, particularly where the local street lies contiguous to the rear of a residence or some other physical separation exists between the residential development and the nonresidential development, or for other good cause including the existence of a wall on an adjacent residential development. The applicant shall Page 114 of 194 Words struckgh are deleted, words underlined are added demonstrate that the intent of this section can be effectively accomplished, without constructing a wall, by submitting for approval of an alternative design and a descriptive narrative through the administrative variance process set forth in subsection 5.03.02 B.2.b. of this Code. The County Manager or designee shall review the submitted documents for consistency with the intent of this section and, if the administrative variance is approved, the approval and its basis shall be noted on the site development plan and the administrative variance approval letter. Special fences and walls 1. Sound Walls a. Sound walls erected by, or at the direction of, any government entity for purposes of attenuating sound from an interstate, collector or arterial roadway shall be exempt from height restrictions. 2. Public utility ancillary facilities. a. See subsection 5.05.12. SUBSECTION 3.DD. AMENDMENTS TO SECTION 5.04.01 GENERALLY (TO BE PROVIDED) Section 5.04.01 Generally (To Be Provided), of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.01 Temporary Use Permits. A. Purpose and intent. Based upon the nature of some uses, their impact on adjacent uses, their compatibility with surrounding properties, and the length of time a use is intended to function, there is an identified need to allow certain temporary uses within a development site, and to provide for other types of temporary uses such as special events, sales and promotions. It is the intent of this section to classify temporary uses and to provide for their permitting. B. General. The County Manager or designee may grant a temporary use permit for requests that demonstrate compliance with the intent of this section and Chapter 5 of the Code. Approvals for such requests shall be based upon, but not limited to, the applicant's description of the temporary use, the intended duration of the use, hours of operation and the impacts of the proposed temporary use on adjacent properties. * * * * * * * * * * * * Page 115 of 194 Words SPalek-thfaug#t are deleted, words underlined are added SUBSECTION 3.EE. AMENDMENTS TO SECTION 5.04.04 MODEL HOMES AND MODEL SALES CENTERS Section 5.04.04 Model Homes and Model Sales Centers, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.04 Model Homes and Model Sales Centers A. Model homes and model sales centers are intended to facilitate the sale of the model design or of products similar in design to the model. Model homes and model sales centers shall be of a temporary nature and may be allowed in the following zoning districts: 1. Any residential zoning district or residential component of a PUD, in the estates zoning district, and in the agricultural zoning district as part of a rural subdivision, by the issuance of a temporary use permit. 2. However, a model center as a permitted use within a PUD, and not located within a dwelling unit or a temporary structure, such as a trailer, shall not require a temporary use permit. B. Model homes and model sales centers located within residential zoning districts, Of wide a residential component of a PUD, the estates (E) zoning district, or the agricultural (A) zoning district, shall be restricted to the promotion of a product or products permitted within the residential zoning district er-Pb14D in which the model home or model sales center is located and further subject to the following: * * * * * * * * * * * * SUBSECTION 3.FF. AMENDMENTS TO SECTION 5.04.05 TEMPORARY EVENTS Section 5.04.05 Temporary Events, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.05 Temporary Events A. Special Events. 1. Sales and Promotional Events. —a. In the case of A temporary use permit is required for temporary sales and/or promotional events on non-residential property, such as grand openings, going out of business sales, special promotional sales, sidewalk sales, overstock sales, tent sales, or other similar uses-{e c sine o garage-Bales l n-sales, Page 116 of 194 Words stuck g„are deleted,words underlined are added grant—nonrenewable—permits for sales and promotional events related to the principal activities in operation at the subject property, unless otherwise provided for in this section. of up to a b. A temporary use permit for sales or promotional events shall meet the procedural requirements of Section 10.02.06 G. 2. c. allowable -signs, merchandise, temporary structures, and penalties herein. In support of the proposed temporary sale or event, temporary signs, merchandise, structures, and equipment may be placed subject to approval of a site plan depicting same. Temporary signage shall be subject to the restrictions set forth in section 5.04.06. ii, All temporary structures and equipment, merchandise, or placement and parking of vehicles in conjunction with the temporary sale shall conform to the minimum yard requirements of the zoning district in which it is located. iii. A buildinq permit may be required for the erection of temporary structures. ----d. Temporary sales use permits for sales may be issued to the owner(s) of a commercial establishment, or to the tenant(s) operating within a commercial establishment with the approval of Page 117 of 194 Words struck through are deleted, words underlined are added the property owner or property manager, provided said tenant provides documentation of a current annual lease with the property owner. Uses permitted by an approved temporary sales permit shall be operated by the property owner or tenant(s), except as provided for in sections 5.04.05(A)(5) 5.04.05 A.1.q. and 5.04.05(A)(6) 5.04.05 A.1.h. below. 4. e. Temporary sales use permits for sales shall be restricted to those zoning districts in which the sale of the items would normally be permitted. Further, the sales activity permitted by the temporary use permit shall be related to the principal commercial activities in operation on the subject property, except as provided for in subsections 5.04.05(A)(5) 5.04.05 A.1.q. and 5.04 5.04.05 A.1.h. below. The issuanco of a temporary use permit f. Special event temporary use permits shall not be issued for undeveloped properties, with exception to pre-construction ground breaking events with a valid development order. 5. q. The County Manager or designee may issue temporary use permits for satellite locations subject to the applicable restrictions set forth in this section, provided the applicant currently operates a business from a permanent, approved commercial location within the County. Additionally, the purpose of the temporary sale shall be the same as the principal purpose of the existing commercial business of the applicant. 6. h. The County Manger Manager or designee may, in determining a specific benefit to the public, grant a temporary use permit to facilitate the sale of an item or items not generally available within a specific planning community, subject to the applicable restrictions set forth in this section. a-. Vehicular and pedestrian traffic measures. temporary structures, equipment, signs, and merchandise. The c. Limited activity hours. d. Watch Page 118 of 194 Words strue-k-thFe+1gh are deleted,words underlined are added f. Sanitary facilities. g. If required, a faithful performance-bend to guarantee compliance , 2. Sports, religious, and community events. a. A temporary use permit is required for sports, religious, community, or other similar events sponsored by profit, nonprofit, charitable, civil, or membership organizations, on lands not specifically developed and approved for such activities on a regular basis. The County Manager or designee may grant a nonrenewable temporary use permit of up to 14 days duration for such events. b. Temporary use permits of this type may, in support of the use being permitted, include the placement of temporary signs, merchandise, structures and equipment, and a mobile home as an office, but not for residency. Temporary signage shall be subject to the restrictions set forth in section 5.04.06. ii. A building permit may be required for the placement and/or erection of temporary structures. c. Temporary use permits in this category shall be restricted to those zoning districts in which the use would normally be permitted, unless otherwise approved by the Board of County Commissioners via a public petition request. d. The County Manager or designee shall accept, without fee, temporary use permit applications for sports, religious, community, or other similar events, upon presentation of documentation that the sponsor of the event is a bona fide nonprofit organization and the event is intended to benefit the community at large or a specific group of individuals. Two such events per calendar year Page 119 of 194 Words strue- are deleted,words underlined are added per organization are eligible for this permit. 3. Special Event time limits. a. The County Manager or designee may grant nonrenewable temporary use permits of up to 14 days duration, such that during any calendar year the sum total duration of all permits for such events for that location does not exceed 28 days. b. For multiple occupancy parcels with 10 or more tenants the total duration of all such permits shall not exceed 42 days per calendar year. c. Temporary use permits for special events may be extended up to an additional 4 weeks when approved by the Board of County Commissioners. Such approval may be subject to stipulations and additional constraints which shall be noted as conditions of the permit and the permittee will be required to sign a notarized agreement to abide by such conditions. B. Temporary seasonal sales. A nonrenewable five (5) week temporary use permit may be issued for seasonal and holiday related temporary sales subject to the following restrictions. 1. Temporary use permits for seasonal sales may be issued only for the following seasonal/holiday related items: a. Christmas trees. b. Fireworks (subject to the issuance of an approved permit by the jurisdictional fire district). c. Pumpkins. 2. Temporary use permits for seasonal sales may be issued on improved or unimproved properties_ , the-following • c. Limited activity hours. Page 120 of 194 Words struck thresh are deleted, words underlined are added d. VVatshmen, fencing, and lighting, e. Fire protection measures. f. Sanitary facilitios. 3. The applicant shall provide a notarized letter from the property owner or property manager granting permission to utilize the subject property for the temporary seasonal sales. 4. Temporary use permits for seasonal and/or holiday sales may, in support of the use being permitted, include the placement of one (1) sign, a (1) str ef—signs, merchandise, temporary structures, and equipmentay—be Temporary signage is subject to the restrictions set forth in subsection 5.04.06 A & B. ii. A building permit may be required for the erection of temporary structures. C. Garage sales: In the case of garage sales, lawn sales, and other similar temporary sales to be held at private homes, churches and other places of worship, community centers, or other nonprofit residentially zoned institutions, the County Manager or designee may issue one 2-day permit for such events during each 6 month period. D. Temporary Uses, not elsewhere classified. At the direction of the BCC, the County may, from time to time, be called upon to allow certain uses for specific periods of time. After public hearing, the County Manager or designee may issue a Temporary Use Permit upon receipt of satisfactory evidence that all stipulations and/or requirements have been satisfied. 1. Bona fide 4-H Youth Development Programs. A non-renewable 16 week permit may be issued to allow for the keeping of up to 2 hogs, on Estates zoned property of 1.25 acres or greater, in preparation for showing and sale at the annual Collier County Fair. a. Pastures shall be fenced and maintained. Any roofed structure used for the sheltering, feeding, or confinement of such animals shall be setback a minimum of 30 feet from lot lines and a minimum of 100 feet from any residence on an adjacent Parcel of land. b. Structures, as described above, shall be maintained in a clean, Page 121 of 194 Words str-uc-k-thfough are deleted, words underlined are added healthful, and sanitary condition. c. Once removed for showing and/or sale, the hog(s) shall not be returned to the property. d. This permit may be revoked with cause. * * * * * * * * * * * * SUBSECTION 3.GG. AMENDMENTS TO SECTION 5.04.06 TEMPORARY SIGNS Section 5.04.06 Temporary Signs, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.06 Temporary Signs A. Reserved A. A temporary use permit is required for the placement of any temporary ground sign, snipe sign, or banner that is not otherwise lawfully permitted. Temporary signs shall be allowed subject to the restrictions imposed by this section. 1. The County Manager or designee may_ issue temporary sign permits, classified by use, as necessary to adequately address each of the temporary signs described within this section. For each permit type the nonrefundable fee shall be as established in the fee schedule for the services performed by the Growth Management Division. 2. Temporary signs and banners shall not be erected prior to obtaining the appropriate temporary use permit, and shall be removed on or before the expiration date of the temporary use permit authorizing said sign. 3. Standards applicable to all temporary signs. a. Temporary signs and banners permitted by authority of this section shall not be placed within any public right-of-way. Sign placement shall not obstruct or impair the safe visibility, ingress, or egress of pedestrians and motorists. b. The occupant of a lot, parcel, multi-tenant parcel or mixed use building, may display 1 on-site temporary sign; a second such sign may be displayed on a property having a second street frontage, c. Absent specific standards to the contrary, temporary signs shall be located onsite and no closer than 10 feet to any property line. Page 122 of 194 Words str elk hrough are deleted, words underlined are added d. Temporary signs and banners used on nonresidential or mixed use proper-ties shall not exceed 32 square feet in sign area or 8 feet in height. e. Temporary signs used on residentially zoned properties shall not exceed 4 square feet in area or 3 feet in height. B. Temporary Sign Permit Types and Standards. 1. Temporary Events. A temporary use permit for a temporary event, issued per section 5.04.05., shall allow for the placement of temporary signage as classified and regulated herein. * * * * * * * * c. Seasonal sales signs. d. Garage sales signs. Two temporary signs may be placed on the property where the sale is being conducted. * * * * * * 4. Reserved Temporary business identification signs. A temporary use permit allowing for the temporary placement of a sign solely for the purpose of displaying a business name for an existing business undergoing a permitted renovation, remodel, or repair that would require the temporary removal of an existing legally conforming sign. a. As applied in this section, the sign must be constructed of wood, plastic, or other similar material, may not be a banner sign, and is limited to 16 square feet. b. If placed in a shopping center or multiple occupancy building, the temporary sign for each business must be of similar colors lettering, and style. c. The sign may be affixed to the building or free-standing in front of the building so long as the sign does not obstruct or interfere with pedestrian or vehicular traffic, parking or fire lanes, or access to adjacent units. d. The sign may remain in place for no longer than 120 days, until construction has been completed, or a permanent sign is installed, whichever occurs first. 5. Reserved Temporary sign covers. A non-renewable temporary use permit is required to erect a temporary sign cover over an existing sign unless otherwise provided herein. Temporary signs shall be allowed subject to the restrictions imposed by this section. Page 123 of 194 Words st-rLuc-1h are deleted, words underlined are added a. A sign cover made from white vinyl or canvas may be authorized for an existing ground or pole sign for 120 days, or when the permanent sign is installed, whichever occurs first, after which time the cover shall be removed, regardless of whether or not the sign face has been replaced. 6. Election and Referendum signs. Signs for elections and referendums shall be permitted subject to the following requirements: e. In all other zoning districts; such signs shall not exceed a maximum sign area of 32 square feet peg-sign and 8 feet in height, except when affixed to the surface of a building wall, and shall be located no closer than 10 feet to any property line. The quantity of such signs shall be limited to 1 sign for each lot or parcel per bulk permit issued. i. in addition to a bulk temporary use permit-, a building ii. Ali supports shall be securely built, constructed . and orocted Building-Gods to 8 feet, except for signs affixed to tho curfaee--of--a buildi wall- * * * * * * * * * * * * SUBSECTION 3.HH. AMENDMENTS TO SECTION 5.04.07 ANNUAL BEACH EVENTS PERMITS Section 5.04.07 Annual Beach Events Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.04.07 Annual Beach Events Permits A. The owner of beach-front commercial hotel-resort property shall apply for an annual beach events permit. The County Manager or his designee, or hie designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended. Page 124 of 194 Words struckrourgh are deleted, words underlined are added * * * * * * * * * * * * E. Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May 1st through October 31st of each year) are also subject to the following regulations: 1. All required Florida Department of Environmental Protection (FDEP) field permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06(C) 5.04.07 C. * * * * * * * * * * * * 7. Identification of sea turtle nests on the beach may cause the beach event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in section 5.04.06 5.04.07, as part of its daily sea turtle monitoring. * * * * * * * * * * * * SUBSECTION 3.11. ADDING SECTION 5.04.08 RESERVED Section 5.04.08 Reserved, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 5.04.08 [Reservedi * * * * * * * * * * * * SUBSECTION 3.JJ. AMENDMENTS TO SECTION 5.05.05 AUTOMOBILE SERVICE STATIONS Section 5.05.05 Automobile Service Stations, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.05 Automobile Service Stations * * * * * * * * * * * * B. Table of site design requirements: Site Page 125 of 194 Words struck,�, gh are deleted, words underlined are added Standards Minimum lot area(sq. ft.) 30,000 Minimum lot width (ft.) 150 Minimum lot depth (ft.) 180 Separation from adjacent automobile service stations (ft.)(based on 500 distance between nearest points) Minimum setbacks, all structures: Front yard 50 Side yard 40 Rear yard 40 * * * * * * * * * * * * P. Exceptions 1. The site design standards set forth in 5.05.05 B. (table) shall not apply to, nor render non-conforming, any existing automobile service station or any automobile service station within a PUD in which a specific architectural rendering and site plan was approved as part of a rezoning action prior to July 5, 1998. 2. The site design standards set forth in 5.05.05 F. - M. or any other applicable development standard shall apply to existing automobile service stations pursuant to the provisions of 9.03.00 Nonconformities, and all other applicable sections of the Land Development Code. * * * * * * * * * * * * SUBSECTION 3.KK. AMENDMENTS TO SECTION 5.05.10 TRAVEL TRAILER AND RECREATIONAL VEHICLE PARK DESIGN STANDARDS Section 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 5.05.10 Travel Trailer and Recreational Vehicle Park Design Standards * * * * * * * * * * * * C. Required facilities for campsites and TTRV lots. * * * * * * * * * * * * 1-9 . Page 126 of 194 Words slfeugh are deleted, words underlined are added a, Ensleses1---ut+litytstocage—afea—ef—the—sarne—sieliRg—mateFial—and square feet, whichever lesser. The County Managoc-er-hic the-princip el, Canvgr-ouRels-sentaiRing--1-00--spases-Or-moce-s1;a14-be-perrnitted-ra 1-1- RVC lot. lots- Page 127 of 194 Words stRiek-through arc deleted,words underlined are added e- , , g- kt- 150 square feet of floor area-: If camping cabins are to be I catid it d h d wT requirements ef-Section L m et. * * * * * * * * * * * * SUBSECTION 3.LL. ADDITION OF SECTION 6.02.09 PUBLIC SCHOOL FACILITIES LEVEL OF SERVICE (LOS) REQUIREMENTS Section 6.02.09 Public School Facilities Level of Service (LOS) Requirements, of Ordinance 04- 41, as amended, the Collier County Land Development Code, is hereby added to read as follows: 6.02.09 Public School Facilities Level of Service (LOS) Requirements A. The LOS for public school facilities varies by type of school. The LOS for elementary and middle schools is 95 percent of the Concurrency Service Area (CSA) Enrollment/Florida Inventory of School Houses (FISH) Capacity and the LOS for high schools is 100 percent of the CSA Enrollment/FISH Capacity. B. The LOS standard for public school facilities will be achieved and maintained if any one of the following is met: Page 128 of 194 Words struck through are deleted,words underlined are added 1. The necessary facilities and services are in place at the time a final site development plan or final subdivision plat is approved; or 2, The necessary facilities and services are under construction or the contract for such facilities and services has been awarded, accepted, and duly executed by all parties, at the time a final site development plan or final subdivision plat is approved; or 3. The necessary facilities and services are found in the first, second or third year of the School District of Collier County's financially feasible Five-Year Capital Improvement Plan, as identified in CIE Policy 4.2, and as formally adopted by the School Board between July 1 and October 1 each year, and as adopted by reference each year by December 1st, at the time a final site development plan or final subdivision plat is approved; or 4. The necessary facilities and services are the subject of a binding commitment with the developer to contribute proportionate share funding as provided for in Policy 2.4 of the Public School Facilities Element, if applicable, or to construct the needed facilities. C. The determination of public facility adequacy for school facilities shall occur only after the School District has issued a School Capacity Availability Determination Letter (SCADL) verifying available capacity to serve the development. * * * * * * * * * * * * SUBSECTION 3.MM. AMENDMENTS TO SECTION 6.06.05 CLEAR SIGHT DISTANCE Section 6.06.05 Clear Sight Distance, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 6.06.05 Clear Sight Distance * * * * * * * * * * * * E. On a corner lot in all zoning districts, no fence, wall, hedge, planting, or structure shall be erected, planted, or allowed to grow in such a manner as to obstruct vision between a height of 30 inches and 8 feet above the centerline grades of the intersecting streets in the area bounded by the right-of-way lines of such corner lots and a line joining points along said right-of-way lines 25-30 feet from the point of intersection. Parking is prohibited in this area. Trees are permitted, so long as the foliage is cut away and maintained within the 30 inch and 8 foot clearance requirement. Posts for illuminating fixtures, traffic control, fences and street name signs are permitted, so long as the sign or equipment is not within the prescribed clear space and the fence does not visually impede the Page 129 of 194 Words struck through are deleted, words underlined are added clear sight of the intersection. * * * * * * * * * * * * SUBSECTION 3.NN. AMENDMENTS TO CHAPTER 8 DECISION-MAKING AND ADMINISTRATIVE BODIES Chapter 8 Decision-Making and Administrative Bodies, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: * * * * * * * * * * * * Reserved and 163.31911, F.S.; or portion thereof, and to submit to the BCC an annual report C. To prepare, or cause to be prepared, the LDC to implement tho Collier amendments to the I DC• D. To initiate, hoar, consider, and make recommendations LDC; F. To hear, consider, and make recommendations to the ACC on board, commission, or agency of the County, state, or federal governments; pro s+ I. To perform those functions, powers and hies of the Planning Commission as set forth- in chapter 67 1216, Laws of Florida, Page 130 of 194 Words struelE4hrough are deleted, words underlined are added A. Qualifications. 2. Although-no specific experience requirements shall be necessary as a 6. One member: Appointed by the school district. arm Each appointment or reappoin4 + a( n a 4 f A a G rr PPo,nrrT-1�F1r8rlcrrl � fvr crrc„i tyi -r-�rcorS. cervh Page 131 of 194 Words struck g i are deleted, words underlined are added E. Removal from office. r by-tie-BGC- • wit -eligibility for reelection .�J.........�� rvr rv�.ra.vc.vrr. i ' , rules of pr this LDC. authorized by the BCC. A6-Meets , Page 132 of 194 Words struck s*are deleted, words underlined are added , CC. B. All meetings and hearings of the PI pte- the P L83;AB--Appeals Board of County Q n4 00 BOARD OF O IIN/ APPEALS_Reserved v.v r.vv v�ar`rw n • C. To make its special k , Page 133 of 194 Words struek-i#fo*gh are deleted, words underlined are added • Con,m+ss+ent. • • for reelection. Page 134 of 194 Words s fu l are deleted, words underlined are added r , d a this L©C. the-B . APPEALS Reserved rr rr 47 Provisions of the- that the true intent and meaning of such codes, or any of the rcgulationo official. Page 135 of 194 Words sigh are deleted, words underlined are added i lding—Code afld Fler da Fire Preve and board, commission, or agency of the County, state, or federal governments, . 2. One (1) class A general contractor; 3. One (1) state state ¢__. Ones(1) licensed elect in I nontra # _ d • Page 136 of 194 Words strtiek---tiwough are deleted, words underlined are added • 84&04- Quorum vote. Reserved • „ II . ose C. Provide written and oral d Page 137 of 194 Words Ic through are deleted, words underlined are added • th • F. Serve ac the technical advisory co s LDC; • Page 138 of 194 Words struck-tgrough are deleted, words underlined are added • • • • . ; h,. thv7-ihe`=AC 1. Any petitioner may requo a-predecessor environmental beard, a t El 5 years old (or if of areas • &MA 4—Membership Page 139 of 194 Words stnie gh are deleted, words underlined are added • • e.41-Gul.at44414-4"4"1:1414e-C7G4Rtyr-414/31-vaGanGy--RetiGerzi-0411-be-POSted-if44_ . he County • 2 technical alternate members. Technical • • • • , 1 1 1 Page 140 of 194 Words strut4i thi ugh are deleted, words underlined are added 8. The following standing subcommittees comprised solely of the EAC's 1. Growth management The ;EAC • . tings of s the-membership, amended13,0640—A pp� Page 141 of 194 Words stiuslc-#rough are deleted, words underlined are added • Reserved • • • • n and control of the BCC. coction to the BCC; • This map shall be -41owri as "The map of Areas. f Historical „ date of th C. Maintain and update the map of Areas of Historical 4rchaeological • • section 2.03.07 E.; F. To maintain a master file of sites, dictrictc, structures, buildings, and Page 142 of 194 Words st k; tt are deleted,words underlined are added • , ,s of applying for the designation as a County; . Placc^ site-inspection • , �, " , , significant and , • categories: 1. History; 2. Archaeology; Page 143 of 194 Words struek-ttifeugh are deleted, words underlined are added i aFshitestweancl 5. Law or utban planning. • terms. • additional 9 year term each tlut ay--now serve fo con years. F. Vacancy. The-BCC shall fill the vacancy by appointment. tings • • • Page 144 of 194 Words struck-through are deleted, words underlined are added * * * * * * * * * * * * SUBSECTION 3.00. AMENDMENTS TO SECTION 10.02.02 SUBMITTAL REQUIREMENTS FOR ALL APPLICATIONS Section 10.02.02 Submittal Requirements for All Applications, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.02 Submittal Requirements for All Applications A. Environmental Data Submittal Requirements 1. Purpose. • b. Further, it is the purpose of this section to future-generations, • Page 145 of 194 Words strusk-through are deleted, words underlined are added building perm#, conditional use, zoning change, subdivision or • 2.5 or more acres. c. All sites landward of the coastal management boundary that-are i. Greater impacts to-preserve areas are proposed; iv. A prior EIS is more than 5 years old; or f. When required by section 3.01.01 of this Code, plant and animal • biological Page 146 of 194 Words s•trucle-thr-augh are deleted, words underlined are added • Responsible person who wrote the EIS and his/her address. General location map, FLUCFCS Page 147 of 194 Words gh are deleted, words underlined are added as public owned sensewation lands, conservation corridofs. • • d. Native vegetation preservation. ii. Explain how the project meets or excccds the native 3 and 10 of the • Land Development Code. For sites cleared prior to • Page 148 of 194 Words struck through are deleted, words underlined are added and acreage of these praccrva , preserved- e. Wetlands. common and • • • • • • f. Surface and groundwater management. Page 149 of 194 Words 5tRitirc-thfeugh are deleted, words underlined are added Provide an overall description of the proposed water water. gay--agensies ect area and STs. iv. The design of the proposed stormwator management 3.-A89 g. Listed species. i, Provide a plant and animal cpccics survey to include at a ii. Identify all listed species that are known to inhabit iii. Indicate how the project design minimizes impacts to Page 150 of 194 Words -t.+1! thfo*gh are deleted, words underlined are added • where-applicable` h. Other. ii Include the results of any en ironm site, basis few believing that there has been previous v. Provide documentation from-the Florida Master Site File, Demonstrate how the project design presorvcc the Page 151 of 194 Words struck through are deleted, words underlined are added Plan. 1. Purpose. The purpose of this section is to identify the types and format of data that is required to review a proposed project to ensure it meets the land development standards contained within the Land Development Code. 2. Preparation of Environmental Data. Environmental Data Submittal Requirements shall be prepared by an individual with academic credentials and experience in the area of environmental sciences or natural resource management. Academic credentials and experience shall be a bachelor's or higher degree in one of the biological sciences with at least two years of ecological or biological professional experience in the State of Florida. 3. Environmental Data. The following information shall be submitted, where applicable, to evaluate projects. a. Wetlands Identify on a current aerial the location and acreage of all Collier County/SFWMD jurisdictional wetlands according to the Florida Land Use Cover and Forms Classification System (FLUCFCS) and include this information on the SDP or final plat construction plans. Wetlands must be verified by the South Florida Water Management District (SFWMD) or Florida Department of Environmental Protection (DEP) prior to SDP or final plat construction plans approval. For sites in the RFMU district, provide an assessment in accordance with 3.05.07 F and identify on the FLUCFCS map the location of all high quality wetlands (wetlands having functionality scores of at least 0.65 WRAP or 0.7 UMAM) and their location within the proposed development plan. Sites with hiqh quality wetlands must have their functionality scores verified by the SFWMD or DEP prior to first development order approval. Where functionality scores have not been verified by either the SFWMD or DEP, scores must be reviewed and accepted by County staff, consistent with Page 152 of 194 Words stru^Li are deleted, words underlined are added State regulation. ii. SDP or final plat construction plans with impacts to 5 or more acres of wetlands shall provide an analysis of potential water quality impacts of the project by evaluating water quality loadings expected from the project (post development conditions considering the proposed land uses and stormwater management controls) compared with water quality loadings of the project area as it exists in its pre-development conditions. The analysis shall be performed using methodologies approved by Federal and State water quality agencies, and must demonstrate no increase in nutrients (nitrogen and phosphorous) loadings in the post development scenario. iii. Where treated stormwater is allowed to be directed into preserves, show how the criteria in 3.05.07 H have been met. iv. Where native vegetation is retained on site, provide a topographic map to a half foot and, where possible, provide elevations within each of the FLUCFCS Codes identified on site. For SDP or final plat construction plans, include this information on the site plans. b. Listed Species and Bald Eagle Nests and Nest Protection Zones Provide a wildlife survey for the nests of bald eagle and for listed species known to inhabit biological communities similar to those existing on site. The survey shall be conducted in accordance with the guidelines or recommendations of the Florida Fish and Wildlife Conservation Commission (FFWCC) and the U.S. Fish and Wildlife Service (USFWS). Survey times may be reduced or waived where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, as determined by the FFWCC and USFWS. Where an initial habitat assessment by the environmental consultant indicates that the likelihood of listed species occurrence is low, the survey time may be reduced or waived by the County Manager or designee, when the project is not reviewed or technical assistance not provided by the FFWCC and USFWS. Additional survey time may be required if listed species are discovered. ii. Provide a survey for listed plants identified in 3.04.03. Wildlife habitat management and monitoring plans in accordance with 3.04.00 shall be required where listed species are utilizing the site or where wildlife habitat Page 153 of 194 Words struck-through are deleted, words underlined are added management and monitoring plans are required by the FFWCC or USFWS. These plans shall describe how the project directs incompatible land uses away from listed species and their habitats. Identify the location of listed species nests, burrows, dens, foraging areas, and the location of any bald eagle nests or nest protection zones on the native vegetation aerial with FLUCFCS overlay for the site. Wildlife habitat management plans shall be included on the SDP or final plat construction plans. Bald eagle management plans are required for sites containing bald eagle nests or nest protection zones, copies of which shall be included on the SDP or final plat construction plans. c. Native vegetation preservation For sites or portions of sites cleared of native vegetation or in agricultural operation, provide documentation that the parcel(s) were issued a permit to be cleared and are in compliance with the 25 year rezone limitation pursuant to section 10.02.06. For sites permitted to be cleared prior to July 2003, provide documentation that the parcel(s) are in compliance with the 10 year rezone limitation previously identified in the GMP. Criteria defining native vegetation and determining the legality, process and criteria for clearing are found in 3.05.05, 3.05.07 and 10.02.06. ii. Identify on a current aerial the acreage, location and community types of all upland and wetland habitats on the project site, according to the Florida Land Use Cover and Forms Classification System (FLUCFCS), and provide a legend for each of the FLUCFCS Codes identified. Aerials and overlay information must be legible at the scale provided. Provide calculations for the acreage of native vegetation required to be retained on-site. Include the above referenced calculations and aerials on the SDP or final plat construction plans. In a separate report, demonstrate how the preserve selection criteria pursuant to 3.05.07 have been met. Where applicable, include in this report an aerial showing the project boundaries along with any undeveloped land, preserves, natural flowways or other natural land features, located on abutting properties. iii. Include on a separate site plan, the project boundary and the land use designations and overlays for the RLSA, RFMU, ST and ACSC-ST districts. Include this information on the SDP or final plat construction plans. iv. Where off-site preservation of native vegetation is proposed in lieu of on-site, demonstrate that the criteria in Page 154 of 194 Words struckgh are deleted, words underlined are added section 3.05.07 have been met and provide a note on the SDP or final plat construction plans indicating the type of donation (monetary payment or land donation) identified to satisfy the requirement. Include on the SDP or final plat construction plans, a location map(s) and property identification number(s) of the off-site parcel(s) if off-site donation of land is to occur. d. General environmental requirements Provide the results of any Environmental Assessments and/or Audits of the property, along with a narrative of the measures needed to remediate if required by FDEP. ii. Soil and/or ground water sampling shall be required at the time of first development order submittal for sites that occupy farm fields (crop fields, cattle dipping ponds, chemical mixing areas), golf courses, landfill or junkyards or for sites where hazardous products exceeding 250 gallons of liquid or 1,000 pounds of solids were stored or processed or where hazardous wastes in excess of 220 pounds per month or 110 gallons at any point in time were generated or stored. The amount of sampling and testing shall be determined by a registered professional with experience in the field of Environmental Site Assessment and shall at a minimum test for organochlorine pesticides (U.S. Environmental Protection Agency (EPA) 8081) and Resource Conservation and Recovery Act (RCRA) 8 metals using Florida Department of Environmental Protection (FDEP) soil sampling Standard Operating Procedure (SOP) FS 3000, in areas suspected of being used for mixing and at discharge point of water management system. Sampling should occur randomly if no points of contamination are obvious. Include a background soil analysis from an undeveloped location hydraulically upgradient of the potentially contaminated site. Soil sampling should occur just below the root zone about 6 to 12 inches below ground surface or as otherwise agreed upon with the registered professional with experience in the field of Environmental Site Assessment. Include in or with the Environmental Site Assessment, the acceptable State and Federal pollutant levels for the types of contamination found on site and indicate in the Assessment, when the contaminants are over these levels. If this analysis has been done as part of an Environmental Audit then the report shall be submitted. The County shall coordinate with the FDEP where contamination exceeding applicable FDEP standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted. Page 155 of 194 Words struck-ugh are deleted, words underlined are added iii. Shoreline development must provide an analysis demonstrating that the project will remain fully functional for its intended use after a six-inch rise in sea level. iv. Provide justification for deviations from environmental LDC provisions pursuant to GMP CCME Policy 6.1.1 (13), if requested. v. Where applicable, provide evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and g_as activities in Collier County. Include all state permits that comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005. e. Other code requirements Identify any Wellfield Risk Management Special Treatment Overlay Zones (WRM-ST) within the project area and provide an analysis for how the project design avoids the most intensive land uses within the most sensitive WRM- STs and will comply with the WRM-ST pursuant to 3.06.00. Include the location of the Wellfield Risk Management Special Treatment Overlay Zones on the SDP or final plat construction plans. For land use applications such as standard and PUD rezones and CUs, provide a separate site plan or zoning map with the project boundary and Wellfield Risk Management Special Treatment Overlay Zones identified. ii. Demonstrate that the design of the proposed stormwater management system and analysis of water quality and quantity impacts fully incorporate the requirements of the Watershed Management regulations of 3.07.00. iii. For sites located in the Big Cypress Area of Critical State Concern-Special Treatment overlay district (ACSC-ST), show how the project is consistent with the development standards and regulations in 4.02.14. iv. For multi-slip dock facilities with ten slips or more, and for all marina facilities, show how the project is consistent with 5.05.02. Refer to the Manatee Protection Plan for site specific requirements of the Manatee Protection Plan not included in 5.05.02. v. For development orders within RFMU sending lands, show how the project is consistent with each of the applicable Objectives and Policies of the Conservation and Coastal Management Element of the GMP. Page 156 of 194 Words struelre-throagh are deleted, words underlined are added f. Additional data The County Manager or designee may require additional data or information necessary to evaluate the project's compliance with LDC and GMP requirements. 4. PUD zoning and CU petitions. For PUD rezones and CU petitions, applicants shall collate and package applicable Environmental Data Submittal Requirements into a single Environmental Impact Statement (EIS) document,.prior to _public hearings and after all applicable staff reviews are complete. Copies of the EIS shall be provided to the County Manager or designee prior to public hearings. 7 5. Exemptions. a. The EIS Environmental Data Submittal Requirements exemption shall not apply to any parcel with a ST or ACSC-ST overlay, unless otherwise exempted by section 4.02.14, I. b. . Single_ family detached and two-family housing structure(s) on a lot(sj of record except as otherwise provided at section 4.02.04 (cluster development), and townhouses developed on fee simple lots under individual ownership, provided that a fee simple townhouse plat is approved in accordance with the provisions of section 10.02.04.6.4. These exemptions shall not apply to the following. Wetland delineations and permitting. ii. Retention of native vegetation in accordance with 3.05.07 C. iii. Listed species protection in accordance with 3.04.01. c. Agricultural uses. Agricultural uses that fall within the scope of sections 163.3214(4) or 823.14(6), Florida Statutes, provided that the subject property will not be converted to a nonagricultural use use or considered for any type of rezoning petition for a period of 25 years after the agricultural uses commence and provided that the subject property does not fall within an ACSC or ST zoning overlay. d——Plan-sensitive-areas Any area- i Page 157 of 194 Words strue- ough are deleted, words underlined are added • of the project site has been paved or channeled, or iv,----T-14e-use-,and/er--devekapment-ef--t-he4ubjest-property-will County. #d. All NBMO Receiving Lands in accordance with 2.03.08 A.2.a(1). e. A conventional rezone with no site plan or proposed development plan. This exemption does not apply to lands that include any of the following zoning, overlays or critical habitats: Conservation (CON), Special Treatment (ST), Area of Critical State Concern (ACSC), Natural Resource Protection Areas (NRPA's), Rural Fringe Mixed Use (RFMU) Sending Lands, Xeric Scrub, Dune and Strand, Hardwood Hammocks, or any land occupied by listed species or defined by an appropriate State or Federal agency to be critical foraging habitat for listed species. f. In those areas of Collier County where oil extraction and related processing is an allowable use, such use is subject to applicable state and federal oil and gas permits and Collier County non- environmental site development plan review procedures. Page 158 of 194 Words strue-I--through are deleted, words underlined are added Directional-drilling and/or previously cleared or disturbed areas shall be utilized in order to minimize impacts to native habitats, where determined to be practicable. This requirement shall be deemed satisfied upon issuance of a state permit in compliance with the criteria established in Chapter 62C-25 through 62C-30, F.A.C., as those rules existed on January 13, 2005, regardless of whether the activity occurs within the Big Cypress Watershed, as defined in Rule 62C-30.001(2), F.A.C. All applicable Collier County environmental permitting_requirements shall be considered satisfied by evidence of the issuance of all applicable federal and/or state oil and gas permits for proposed oil and gas activities in Collier County, so long as the state permits comply with the requirements of Chapter 62C-25 through 62C-30, F.A.C. For those areas of Collier County outside the boundary of the Biq Cypress Watershed, the applicant shall be responsible for convening the Big Cypress Swamp Advisory Committee as set forth in Section 377.42, F.S., to assure compliance with Chapter 62C-25 through 62C-30, F.A.C. even if outside the defined Big Cypress Watershed. All access roads to oil and gas uses shall be constructed and protected from unauthorized uses according to the standards established in Rule 62C-30.005(2)(a)(1) through (12), F.A.C. 8. Fees. In order to implement, maintain and enforce this Code, tho cost 0. Appeals. organization c. The appeal will be heard by tho EAC within 60 days--of tho d. Ten-days prior to the hearing the aggrieved person shall submit to e. Upon Page 159 of 194 Words struckrough are deleted, words underlined are added f. The BCC, in regular session, will make the final decision to affirm, designee in light of the reeera mendations of tha CAC ........�.�...v .r. ..y�.a v� uw �vvv.rn.rvary , * * * * * * * * * * * * SUBSECTION 3.PP. AMENDMENTS TO SECTION 10.02.03 SUBMITTAL REQUIREMENTS FOR SITE DEVELOPMENT PLANS Section 10,02.03 Submittal Requirements for Site Development Plans, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.03 Submittal Requirements for Site Development Plans * * * * * * * * * * * * B. Final Site development plan procedure and requirements. A pre-application meeting shall be conducted by the County Manager or his-designee, or his/her designee, prior to the submission of any site development or site improvement plan for review. This meeting may be waived by the County Manager or his designee upon the request of the applicant. 1. Site development plan submittal packet: The site development submittal packet shall include the following, if applicable: a. Ownership: A copy of the recorded deed, contract for sale or agreement for sale, or a notarized statement of ownership clearly demonstrating ownership and control of the subject lot or parcel of land. The applicant shall also present a notarized letter of authorization from the property owner(s) designating the applicant as the agent acting on behalf of the owner(s). b. Site development plan. A site development plan and a coversheet prepared on a maximum size sheet measuring 24 inches by 36 inches drawn to scale. * * * * * * * * * * * * The following information shall be set forth on the site development plan and/or on a separate data sheet used exclusively for that purpose. * * * * * * * * * * * * (g) For residential projects subject to the provisions of Section 10.04.09, a completed School impact Analysis (SIA) application, location map and review fee. Page 160 of 194 Words struck gh are deleted,words underlined are added * * * * * * * * * * * * SUBSECTION 3.QQ. AMENDMENTS TO SECTION 10.02.04 SUBMITTAL REQUIREMENTS FOR PLATS Section 10.02.04 Submittal Requirements for Plats, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.04 Submittal Requirements for Plats A. Preliminary subdivision plat requirements. * * * * * * * * * * * * 2. Preliminary subdivision plat submission requirements. The preliminary subdivision plat process is optional. The optional nature of this process will in no way affect the submission requirements enumerated below. In other words, if an applicant chooses this option, the applicant must follow all of the submission requirements. The mandatory nature of the final subdivision plat process is likewise not affected by the optional nature of the preliminary subdivision plat submission process. A preliminary subdivision plat application shall be submitted for the entire property to be subdivided in the form established by the County Manager or #a+s designee and shall, at a minimum, include ten copies of the preliminary subdivision plat unless otherwise specified by the County Manager or his designee. The preliminary subdivision plat shall be prepared by the applicant's engineer and surveyor. Land planners, landscape architects, architects, and other technical and professional persons may assist in the preparation of the preliminary subdivision plat. The preliminary subdivision plat shall be coordinated with the major utility suppliers and public facility providers applicable to the development. Provisions shall be made for placement of all utilities underground, where possible. Exceptions for overhead installations may be considered upon submission of sound justification documenting the need for such installation. The preliminary subdivision plat shall include or provide, at a minimum, the following information and materials: * * * * * * * * * * * * z. All plans and platting documents shall be prepared fully in compliance with the Interim Watershed Management regulations of LDC section 3.07.00. aa. For residential projects subject to the provisions of Section 10.04.09, a completed School Impact Analysis (SIA) application, location map and review fee. * * * * * * * * * * * * B. Final plat requirements. * * * * * * * * * * * * Page 161 of 194 Words struckgh are deleted, words underlined are added 4. Final subdivision plat submission requirements. The submittal of final plats for which no preliminary subdivision plat is contemplated must include, apart from the final plat and/or improvement plans, that information required for review of preliminary subdivision plats in accordance with Section 10.02.04 A.2. For only those final plats incorporating townhouse development on fee simple lots, the following additional information, prepared by a registered engineer (and landscape architect for landscape plan), must be provided either separately or in conjunction with the information required by section 10.02.04 A.2. of this Code: * * * * * * * * * * * * c. For residential projects subject to the provisions of Section 10.04.09, a completed School Impact Analysis (SIA) application, location map and review fee. * * * * * * * * * * * * SUBSECTION 3.RR. AMENDMENTS TO SECTION 10.02.06 SUBMITTAL REQUIREMENTS FOR PERMITS Section 10.02.06 Submittal Requirements for Permits, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.06 Submittal Requirements for Permits * * * * * * * * * * * * G. Temporary Use Permit Requirements and Issuance. See section 5.04.050 of the LDC- for temporary use permit classifications and restrictions. 1. Applications for temporary use permits shall be submitted to the County Manager or designee in writing on a form provided by the Community Development and Environmental Services Division. 2. Submittal Requirements. The temporary use permit application and required plan shall be submitted together with the applicable nonrefundable fee, as indicated in the CDES fee schedule, and approved prior to or simultaneously with the submission of a building permit application, if required. 3. Each temporary use permit application shall be accompanied by authorization of the property owner or leasing agent and a current valid Business Tax Receipt in the case of temporary sale, when required. 4, A conceptual site plan (CSP) or a site development plan (SDP) is required for special events and seasonal sales. For improved and Page 162 of 194 Words struck through are deleted, words underlined are added unimproved properties the site plan must demonstrate that provisions will be made to adequately address each of the following: a. Vehicular and pedestrian traffic safety measures. b. Adequate on-site or additional off-site parking areas shall be provided as follows. A maximum of 10 percent of the parking required by section 4.05.04 of this Code may be occupied or otherwise rendered unusable by the placement of temporary structures, equipment, and merchandise. ii. The minimum required number of handicapped parking spaces pursuant to section 4.05.07 shall remain available for use. c. Limited activity hours. d. Watchmen, fencing and lighting. e. Fire protection and emergency access measures. f. Sanitary facilities. g. If required, a faithful performance bond to guarantee compliance with the conditions of the permit. 5. Review procedures. a. Based upon the information contained in the application, the County Manager or designee may approve, approve with conditions relative to the health, safety and welfare of the public, or deny an application, and may attach conditions to the permit. b. In the event an application is denied by the County Manager or designee, the reason(s) shall be noted on the application and returned promptly. 6. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, aqents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the County Manager or designee. 7. Cancellations and postponements. a. If a permitted event is canceled or postponed, the applicant shall furnish Collier County with written notification of such cancellation or postponement and the reason(s) for same. It is understood that Page 163 of 194 Words struckgh are deleted,words underlined are added weather conditions may cause last minute cancellations; however, the applicant shall make every effort to notify the county staff prior to the scheduled commencement of said event. If the event is to be re-scheduled, notice of the date and time of the rescheduled event shall be provided. b. If a permitted event is postponed, the permit will be amended to reflect the rescheduled event dates and a copy will be provided to the applicant prior to the event. c. If an event is cancelled and the County is notified prior to the initially proposed commencement date the number of days used will not count towards the maximum number of authorized days afforded for events by the Code. 8. Suspension or revocation. Failure to comply with the terms and conditions of the temporary use permit, once issued, shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. A permit may be revoked, without refund, for established public safety and welfare issues. The suspension or revocation shall be initially communicated verbally, followed by a written suspension or revocation order. The continued failure to comply with the terms and conditions of a previously suspended permit may result in the revocation of said permit. 9. Violations. The failure to obtain a required Temporary Use Permit, and/or the failure to cease activities authorized by such a temporary use permit, including the removal of any displays, structures, merchandise, equipment, siqns or banners authorized by said permit, upon expiration, suspension, or revocation shall establish a violation of this Code and shall be subject to the penalties established within this Code. 10. 3, Film Permit. a. Permit required. A permit shall be required for the following activities taking place, in conjunction with commercial motion picture, film, television, video or still photography production: the use of set scenery, temporary structures or other apparatus, special effects, or closure of public streets or accessways. This Code shall not apply to bona fide newspaper, press association, newsreel or television news media personnel, nor to properties that have been zoned to allow motion picture/television filming as a permitted use. b. Application for permit; contents. Any person, firm, corporation, association or governmental entity desiring to obtain a permit shall apply to the County Manager or 14is designee; and said application shall include but not be limited to the following-_ Name, address (including local address) and telephone number of applicant. Page 164 of 194 Words are deleted, words underlined are added ii. Proof Manager ofor his comprehensivedesignee, unless generalwaived:liability insurance coverage in the amount of at least $1,000,000.00 combined single limit, with Collier County named as an additional insured. The applicant shall provide to the County Manager or he designee a certificate of insurance evidencing that said insurance is in effect and certifying that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. iii. Special effects to be utilized, especially incendiary or explosive devices, with proof of not less than $5,000,000.00 comprehensive general liability insurance combined single limit with Collier County listed as additional insured. In addition, the application shall list the person in charge (pyrotechnician) of such special effects, together with his qualifications and license from the applicable federal and/or state agencies, and authorization from the local fire district permitting the event. iv. Locations, dates and hours of filming. v. The following information is _required by the County * * * * * * * * * * * * c. Insurance requirements. The applicant shall maintain in force at all times during the permit period, a comprehensive general liability policy with limits other than those described in sections 10.02.06 G.3.b.ii. and b.iii. above of this Code as determined by the risk management director upon a review of the particular circumstances involved. Said applicant shall provide to the County Manager or his designee a certificate of insurance as evidenced that said insurance is in existence and certifying that Collier County is a named insured, and that Collier County be given 30 days' notice prior to the expiration or cancellation of the policy. Any additional insurance requirements for filming on private property will be at the discretion of the affected property owner. d. Indemnification. The applicant shall be required to indemnify and hold harmless Collier County, its officers, agents and employees from and against all claims, suits, actions, damages, liabilities, expenditures or causes of action arising out of or occurring during the activities of applicant under a permit issued hereupon in the form and manner provided by the County Manager or is designee. e. Permit fee. No permit fee shall be required. Any additional license or user fees which have been established for county-owned land Page 165 of 194 Words struck through are deleted, words underlined are added or facilities shall be in effect. f. Issuance of permit. Upon presentation of the completed application, proof of insurance, payment of permit fee, surety bond or cash payment in lieu of the bond and review by the County Manager or leis designee, the permit may be issued. If the County Manager or Ns designee determines that the use of public or private property could affect the public's use of the property, or have potential adverse impacts on surrounding properties, then he/she may require that the permit application be scheduled for a public hearing before the Board of County Commissioners. The special circumstances could include, but are not limited to, closure of a public street or accessway; use of special effects, including incendiary or explosive devices; a large production crew or crowd control; and increased liability insurance required. The notice for the public hearing shall be advertised in a newspaper of general circulation in the county at least 1 time 15 days prior to the hearing. g. Suspension of permit. Failure to comply with the terms and conditions of the temporary use permit once issued shall be grounds for immediate suspension of the permitted activity until such time as the noncompliance is remedied. The suspension shall be initially communicated verbally, followed by a written suspension order; and continued failure to comply with the terms and conditions of the permit may result in revocation of the permit. h. Costs for extraordinary services. The county shall recover direct costs for extraordinary services rendered in connection with a production. Such costs shall include, but not be limited to, charges for personnel and/or equipment committed in support of the production which are outside the normal scope of government services. Based on the information contained in the permit application, an estimate of these costs will be provided to the applicant prior to issuance of this permit. The county may require prepayment of all or a portion of these estimated costs prior to issuance of the permit. At the conclusion of the production, actual costs below or in excess of the estimates will be refunded by the county or paid by the applicant, respectively. Surety bond. A surety bond in an amount to be determined by Collier County and issued by a company authorized to issue bonds in Florida or cash payment in lieu of the bond may be required by the County Manager or his designee to provide for cleanup and/or restoration of the subject site(s). 4. • a. In the case of sports events, religious events, community evonts, ef- Page 166 of 194 Words . g are deleted, words underlined are added b. Temporary- permits m , , of the perm4t, it shall be -deemed a- violation of the Land c. Temporary permits in this category shall be rectr-ictcd to those d. The-County Manager Af his , * * * * * * * * * * * * Vehicle on the beach regulations. 1. Unlawful to drive on sand dunes or beach or to disturb sand dune. It shall be unlawful: a. To operate or cause to be operated a hand-, animal-, or engine- driven wheel, track or other vehicle or implement on, over or across any part of the sand dunes, hill or ridge nearest the gulf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach" b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any material, trees, grass or other vegetation or otherwise Page 167 of 194 Words struck are deleted, words underlined are added alter existing ground elevations or condition of such dune without first securing a permit as provided for in this Code. 2. Exceptions; permit. All permits to allow operation of vehicles on county beaches shall be subject to the following. During sea turtle nesting season, May 1 through October 31, of each year, all permits shall be subject to section 10.02.06 1.3 below. Permits issued in accordance with this section shall be valid for the time the vehicle is used for its permitted function and shall be prominently displayed on the windshield of such vehicle and kept with the vehicle and be available for inspection. Permits issued for construction vehicles engaged in beach nourishment, inlet maintenance, and general construction activities shall expire on April 30 of each year, to coincide with the beginning of sea turtle nesting season. Vehicle on the beach permits are not transferable. a. Sheriff, city, state and federal police, emergency services, an-the Florida Fish and Wildlife Conservation Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties, and government entities responding to emergency situations, shall be exempt from the provisions of this section. b. Vehicles which must travel on the beaches in connection with environmental maintenance, conservation, environmental work, and/or for purposes allowed by Collier County Ordinance No. 89- 16, providing that the vehicle(s) associated with the permitted uses of Collier County Ordinance No. 89-16 remain stationary, except to access and egress the beach, shall be exempt from the provisions of this section if a permit has been obtained from the Co_ unty Manager or designee, . The procedure for obtaining such a permit shall be by application on the form prescribed by Collier County to stating the reason or reasons why it is necessary for such vehicle or vehicles to be operated on the beaches in connection with an environmental maintenance, conservation, environmental purpose and/or for purposes allowed by Collier County Ordinance No. 89- 16, taking into consideration the vehicular use restriction previously stated as a criterion for an exception, and pe mit--fef if the County Manager or designee is satisfied that a lawful and proper environmental maintenance, conservation, environmental purpose and/or purpose as described above and allowed by Collier County Ordinance No. 89-16 will be served thereby. All permits issued are subject to the following conditions and limitations: Page 168 of 194 Words struck through are deleted, words underlined are added All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula provided below. Calculations for tire pressure using the standard formula shall be included with each permit application. PSI = vehicle weight (Ibs) + equipment (including maximum debris load for beach raking equipment and rider weight (lbs) /total tire footprint (square inches) c. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non-ambulatory persons and hand pulled or pushed carts/dollies/hand trucks or similar type equipment for personal use shall be exempt from the provisions of this section. d. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events, in conjunction with permanent concession facilities, or for other routine functions associated with permitted uses of commercial hotel property. Vehicles which are used in conjunction with functions on the beach, are exempt from the provisions of this section if a vehicle-on the-beach permit has been granted by the County Manager or designee. All permits issued are subject to the following conditions and limitations: The use of vehicles shall be limited to set-up and removal of equipment for the permitted function. ii. Said permits shall be prominently displayed on the vehicle and kept with the vehicle and available for inspection. iii. The types of vehicles permitted for this use may include ATVs, non-motorized handcarts or dollies, and small utility wagons, which may be pulled behind the ATVs. iv. All vehicles shall be equipped with tires having a maximum ground-to-tire pressure of ten PSI (pounds per square inch), as established by the Standard PSI Formula, Calculations for tire pressure using the standard formula shall be included with each permit application. v. Permits shall only be issued for ATVs when eRvironmental the County Manager or designee has determined that: 1) evidence has been provided that there is a need to move equipment, which, due to the excessive weigh and distance of equal to or greater than 200 feet, would be prohibitive in nature to move with, push carts or dollies; or 2) a limited designated work area has been established at the foot of the dune walkover for Page 169 of 194 Words struek-thr-ough are deleted, words underlined are added loading and unloading and the ATV use is restricted to that limited identified area. vi. When not in use all vehicles shall be stored off the beach. vii. During sea turtle nesting season, the following shall apply: 1) no vehicle may be used on the beach until after completion of daily sea turtle monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit; 2) there shall be no use of vehicles for set up of chairs or hotel or commercial beach equipment, etc. until after the beach has been monitored; 3) one ingress/egress corridor onto and over the beach, perpendicular to the shoreline from the owner's property, shall be designated by the County Manager or designee; additional corridors may be approved when appropriate and necessary as determined by the €.SO County Manager or designee; a staging area may be approved for large events as determined by the E-D County Manager or designee and 4) except for designated corridors, all motorized vehicles shall be operated below the mean high water line (MHW), as generally evidenced by the previous high tide mark. If at anytime ESB the County Manager or designee determines that the designated corridor may cause adverse impacts to the beach, nesting sea turtles, or the ability of hatchlings to traverse the beach to the water, an alternative corridor shall be designated. If no alternative is available, as determined by the ESD County Manager or designee, the vehicle-on-the-beach permit may be suspended for the remaining period of the sea turtle season. vi+ viii. These vehicles may not be used for transportation of people or equipment throughout the day. The permit shall designate a limited time for equipment set up and for the removal of the equipment at the end of the day. e. Permit for construction (excluding beach re-nourishment and maintenance activities). Prior to beginning construction in proximity to a sand dune for any purpose whatsoever, including conservation, a temporary protective fence shall be installed a minimum of ten feet landward of the dune. It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for work shall clearly indicate the provisions of this Code and the protective measures to be taken and shall be subject to the provisions of section 10.02.06 1.3. f. Beach raking and mechanical beach cleaning. Page 170 of 194 Words stslgh are deleted, words underlined are added Beach raking and mechanical beach cleaning shall be prohibited on undeveloped coastal barriers unless a state permit is obtained. ii. Beach raking and mechanical beach cleaning must comply with the provisions of section 10.02.06 I. of this Chapter. Beach raking and mechanical beach cleaning shall not interfere with sea turtle nesting, shall preserve or replace any native vegetation on the site, and shall maintain the natural existing beach profile and minimize interference with the natural beach dynamics and function. iv. Beach raking and mechanical cleaning shall not occur below MHW on the wet sand area of beach which is covered by high tide and which remains wet during low tide. Bbeach raking and mechanical beach cleaning shall not operate or drive within 15 feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. Surface grooming equipment that does not penetrate the sand may operate or drive to within ten feet of dune vegetation and endangered plant and animal communities, including sea turtle nests. v. Beach raking and mechanical beach cleaning devices shall not disturb or penetrate beach sediments by more than the minimum depth necessary, not to exceed two inches, in order to avoid a potential increase in the rate of erosion. vi. Vehicles with greater than ten psi ground to tire pressure, shall not be used to conduct beach raking. Vehicles with less than ten psi ground to tire pressures, in conjunction with the attachment of a screen, harrow drag or other similar device used for smoothing may be used to conduct beach raking upon approval of the ESD County Manager or designee. vii. Mechanical beach cleaning involving sand screening or a combination of raking and screening shall only be conducted on an "as needed" basis as determined by the County Manager or designee. Necessity will include when large accumulations of dead and dying sea-life or other debris remains concentrated on the wrack-line for a minimum of two tidal cycles following a storm event, red tide or other materials which represent a hazard to public health. g. Vehicles associated with beach nourishment and inlet Page 171 of 194 Words strtusli-through are deleted, words underlined are added maintenance. Heavy equipment used in conjunction with beach nourishment, inlet maintenance, to accomplish FDEP permit requirements, or other unusual circumstance as determined by the County Manager or designee, which cannot meet the standard PSI, will require compaction mitigation. Mitigation shall be accomplished by tilling to a depth of 36 inches or other FDEP approved methods of decreasing compaction. Beach tilling shall be accomplished prior to April 15 following construction and for the next two years should compaction evaluations exceed state requirements. ii. Utilization of equipment for the removal of scarps, as required by FDEP, shall be limited to an ingress/egress corridor and a zone parallel to the MHW. Scarp removal during sea turtle season shall have prior FDEP approval and coordinated through the FDEP, FWCC, CCESD the County Manager or designee, and the person possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit for the area. iii. No tilling of the beaches shall occur during sea turtle nesting season. * * * * * * * * * * * * SUBSECTION 3.SS. AMENDMENTS TO SECTION 10.02.07 SUBMITTAL REQUIREMENTS FOR CERTIFICATES OF PUBLIC FACILITY ADEQUACY Section 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.07 Submittal Requirements for Certificates of Public Facility Adequacy No building or land alteration permit or certificate of occupancy shall be issued except in accordance with the Collier County Adequate Public Facilities Ordinance, Ord. No. 90-24 (Chapters 3, 6 and 10 of this Code) and Rule 9J-5.0055, F.A.C. Regulatory program: Review of development to ensure adequate public facilities are available, including the Transportation Concurrency Management System and the Public School Facilities Concurrency. A. General. In order to ensure that adequate potable water, sanitary sewer, solid waste, drainage, park, school and road public facilities are available concurrent with when the impacts of development occur on each public facility, Collier County shall establish the following development review procedures to ensure that no development orders subject to concurrency regulation are issued unless adequate public facilities are available to serve the proposed Page 172 of 194 Words stfueli-thfough are deleted, words underlined are added development. B. Exemptions. The following development orders and development shall be exempt from the terms of this section: * * * * * * * * * * * * 6. For public school facilities, the following shall be exempt from the terms of this section. a. Single family and mobile home lots of record, existing as of October 14, 2008, the effective date of the public school concurrency agreement under the 2008 Interlocal Ajireement between Collier County and the District School Board of Collier County; b. Any new residential development that had a final subdivision plat or site development plan approval as of the effective date of school concurrency, October 14, 2008. c. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.q., single family to multi-family). d. Age-restricted communities with no permanent residents under the age of 18 years. Exemption of an age-restricted community will be subject to a restrictive covenant limiting_ the age of permanent residents to 18 years and older. e. All new residential subdivision plats and site development plans or amendments to previously approved residential development orders, which are calculated to generate less than 1 student. f. Development that has been authorized as a Development of Regional Impact (DRI) pursuant to Ch. 380, F.S. as of July 1, 2005. 8 7. Developments that claim vested status from the Growth Management Plan adopted January 10, 1989 and its implementing regulations, and properly obtains7 a determination of vested rights for a certificate of public facility adequacy in accordance with the provisions of this section, as follows: a. Application. An application for determination of vested rights for a certificate of public facility adequacy shall be submitted in the form established by the Community Development and Environmental Services Division Administrator. An application fee in an amount to be determined by the Board of County Commissioners shall accompany and be part of the application. The application shall, at a minimum, include: Name, address, and telephone number of the owner and authorized applicant if other than the owner; Page 173 of 194 Words 5truc b are deleted, words underlined are added Street address, legal description, and acreage of the property; and iii. All factual information and knowledge reasonably available to the owner and applicant to address the criteria established in subsection 10.02.07 B.67.g. of this Code. * * * * * * * * * * * * c. Review and determination or recommendation by Community Development and Environmental Services Division Administrator and the County Attorney. After receipt of a completed application for determination of vested rights for a certificate of public facility adequacy, the Community Development and Environmental Services Division Administrator and the County Attorney shall review and evaluate the application in light of all of the criteria in subsection 10.02.07 B. 6 7. g. Based on the review and evaluation, the Community Development and Environmental Services Division Administrator and the County Attorney shall prepare a written recommendation to the hearing officer that the application should be denied, granted or granted with conditions by the hearing officer. Such recommendation shall include findings of fact for each of the criteria established in subsection 10.02.07 B.67.g. to the extent that information is represented or obtained or inclusion feasible or applicable. If the Community Development and Environmental Services Division Administrator and the County Attorney agree based on the review and evaluation that the application for determination of vested rights for a certificate of public facility adequacy so clearly should be granted or granted with conditions, then they may enter into a written stipulated determination of vested rights for a certificate of public facility adequacy with the owner, in lieu of the written recommendation to the hearing officer and the provisions in subsections 10.02.07 B.67.d., 10.02.07 B.67.e. and 10.02.07 B.67.f. however, any such stipulated determination shall be in writing, signed by the Community Development and Environmental Services Division Administrator, the County Attorney and the owner, and shall include findings of fact based on the criteria established in subsection 10.02.07 B.67.g., conclusions of law for such criteria, and the determination granting or granting with conditions, in whole or in part, the vested rights for adequate public facilities. d. Review and determination of vested rights determination for a certificate of public facility adequacy by hearing officer. Upon receipt by the hearing officer of the application for determination of vested rights for a certificate of public facility adequacy and the written recommendation of the Community Development and Environmental Services Division Administrator and the County Attorney, the hearing officer shall hold a public hearing on the application. At the hearing, the hearing officer shall take evidence and sworn testimony in regard to the criteria set forth in subsection 10.02.07 B.67.g. of this Code, and shall follow the rules of procedure set forth in F.S. § 120.57(1)(b), 4, 6, 7, and 8; Page 174 of 194 Words strut-IFtIifeogh are deleted,words underlined are added F.S. § 120.58(1)(a),(d) and (f); and F.S. § 120.58(1)(b), only to the extent that the hearing officer is empowered to swear witnesses and take testimony under oath. The hearing officer shall follow the procedures established for administrative hearings in Rules 60Q- 2.009, 2.017, 2.020, 2.022, 2.023, 2.024, 2.025, 2.027, and 2.031, F.A.C. except as expressly set forth herein. The parties before the hearing officer shall include the county, the owner or applicant, and the public. Testimony shall be limited to the matters directly relating to the standards set forth in subsection 10.02.07 B.6.7.g. of this Code. The County Attorney shall represent the county, shall attend the public hearing, and shall offer such evidence as is relevant to the proceedings. The owner of the property and its authorized agents, may offer such evidence at the public hearing as is relevant to the proceedings and criteria. The order of presentation before the hearing officer at the public hearing shall be as follows: 1) the county's summary of the application, written recommendation, witnesses and other evidence; 2) owner or applicant witnesses and evidence; 3) public witnesses and evidence; 4) county rebuttal, if any; and 5) applicant rebuttal, if any. e. Issuance of vested rights determination for a certificate of public facility adequacy by hearing officer. Within 15 working days after the completion of the public hearing under subsection 10.02.07 B.6`7.g. of this Code the hearing officer shall consider the application for determination of vested rights for a certificate of public facility adequacy, the recommendation of the Community Development and Environmental Services Division Administrator and the County Attorney, and the evidence and testimony presented at the public hearing, in light of all of the criteria set forth in subsection 10.02.07 B.67.g. of this Code, and shall deny, grant, or grant with conditions the application for determination of vested rights for a certificate of public facility adequacy for the property or properties at issue. The determination shall be in writing and shall include findings of fact for each of the applicable criteria established in subsection 10.02.07 B.67.g. of this Code, conclusions of law for each of such criteria, and a determination denying, granting, or granting with conditions, in whole or in part, the vested rights for adequate public facilities. f. Appeal to the Board of County Commissioners. Within 30 days after issuance of the hearing officer's written determination of vested rights for a certificate of public facility adequacy, the County Attorney, the Community Development and Environmental Services Division Administrator, or the owner or its authorized attorney or agent, may appeal the determination of vested rights for a certificate of public facility adequacy of the hearing officer to the Board of County Commissioners. A fee for the application and processing of an owner-initiated appeal shall be established at a rate set by the Board of County Commissioners from time to time and shall be charged to and paid by the owner or its authorized agent. The Board of County Commissioners shall adopt the Page 175 of 194 Words struek4hfetieh are deleted, words underlined are added hearing officer's determination of vested rights for a certificate of public facility adequacy, with or without modifications or conditions, or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy. The Board of County Commissioners shall not be authorized to modify or reject the hearing officer's determination of vested rights for a certificate of public facility adequacy unless the Board of County Commissioners finds that the hearing officer's determination is not supported by substantial competent evidence in the record of the hearing officer's public hearing or that the hearing officer's determination of vested rights for a certificate of public facility adequacy is contrary to the criteria established in subsection 10.02.07 B.67.g. of this Code. * * * * * * * * * * * * h. Limitation on determination of vested rights for a certificate of public facility adequacy. A determination of vested rights for a certificate of public facility adequacy which grants an application for determination of vested rights for a certificate of public facility adequacy shall expire and be null and void unless construction is commenced pursuant to a final development order, final subdivision plat, or final site development plan, within 2 years after the issuance of the determination of vested rights for a certificate of public facility adequacy under subsection 10.02.07 B.67.g. or unless substantial permanent buildings have been, or are being constructed or installed pursuant to a valid, unexpired, final development order of Collier County within 2 years after issuance of the determination of vested rights for a certificate of public facility adequacy under subsection 10.02.07 B.67.g., and such development pursuant to a final development order, final subdivision plat, final site development plan, final subdivision master plan, or planned unit development master plan is continuing in good faith. The aforementioned 2-year time limitation on the determination of vested rights for a certificate of public facility adequacy shall be stayed during any time periods within which commencement of construction pursuant to a final development order, final subdivision plat, or final site development plan is prohibited or deferred by the county solely as a result of lack of adequate public facilities to serve the property, pursuant to this section. C. Certificate of public facility adequacy. 1. General. certificate of public facility Page 176 of 194 Words struek4hfough are deleted, words underlined are added 10.02.07 C.1.e., a. Payment of road impact fees to obtain a certificate of adequate public facilities. A five-year temporary certificate of public facility adequacy (COA) shall be issued concurrent with the approval of the next to occur final local development order. At the time a temporary certificate of public facility adequacy is issued, 20% of the estimated payment based on the impact fee rate in effect at the time of the pre-approval letter will be due and deposited into the applicable impact fee trust fund. The funds will then be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements, except that for those non-residential (i.e., typically commercial or industrial) developments otherwise required to obtain approval of an SDP prior to the issuance of a building permit, applicants for a final subdivision plat may elect to: h al comply with the applicable regulations of this section as to one or more of the lots) of the FSP and obtain a COA specifically for just that lot or lots at a specified intensity of development; or i+- delay submitting a TIS and obtaining a COA for all of the proposed lots, or just those remaining lots not then already complying with this section, until a required SDP is applied for and the terms of this section are then complied with including payment of estimated transportation impact fees. The subject development is not allocated any available road system capacity or considered eligible to be vested for transportation concurrency purposes, however, until approval of a TIS, payment of 6044 estimated Transportation Impact Fees in accordance with this subsection, and issuance of a COA in accordance with Chapters 3, 6, and 10 of this Code and Rule 9J-5.0055, F.A.C. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee schedule in effect at the time of the building permit(s) application, such that additional impact fees may be due prior to issuance of the building permits) The balance of transportation impact fees shall be paid in four additional annual installments of 20%, beginning one year after the initial 20% payment. Page 177 of 194 Words strut' r are deleted,words underlined are added ii. Impact fees for all other Category "A" capital improvements will be paid at the time of issuance of building permits at the rate then currently applicable. iii, At the time a temporary COA is issued, and the first 20% of the estimated payment is paid, the applicant will deposit with the County sufficient security, the form of which has been approved by the Board of County Commissioners, for a term of four years, in an amount equal to the 20% payment. iv. Upon payment of 100% of the estimated impact fees, the certificate will be issued in perpetuity and the dedicated security will be released. No further advance payments will be due once actual road impact fees are paid equal to the initial estimated impact fees. v. Once the initial 20% of the estimated payment has been paid, the security has been deposited with the County, and a temporary COA has been issued, failure to submit the remaininq additional installments in accordance with the provisions of this subsection shall result in the following: a) Upon failure to cure following 10 days written demand, the County will exercise its payment rights to the dedicated security; and b) The matter will be referred to the Board of County Commissioners for review. Absent the Board finding exceptional circumstances, the temporary certificate of public facility adequacy shall be revoked. vi. For those developments that have secured a three-year COA, in order to extend the vesting period for an additional five years, the balance of the estimated transportation impact fees, based on the impact fee rate in effect at the time of the pre-approval letter, must be paid in five additional annual installments of 20% with the first payment being made prior to the expiration date of the three-year certificate. For those developments that have secured a three-year certificate that has expired, in order to extend the vesting period for an additional five years, the balance of estimated transportation impact fees based on the impact fee rate in effect at the time of the pre- approval letter must be paid in five additional annual installments of 20%, with the first payment being made within 30 days of the effective date of this Ordinance. At the time the first 20% of the estimated payment is paid, the Page 178 of 194 Words strueat-threogh are deleted,words underlined are added applicant will deposit with the County sufficient security, the form of which has been approved by the Board of County Commissioners, for a term of four years, in an amount equal to the 20% payment. Upon payment of 100% of the balance of the estimated impact fees, the certificate will be issued in perpetuity and the dedicated security will be released. No further advance payments will be due once actual road impact fees are paid equal to the balance of the estimated transportation impact fees. Once the first additional annual installment has been paid, the security has been deposited with the County, and a temporary COA has been issued, failure to submit payment in accordance with the provisions of this subsection shall result in the following: a) Upon failure to cure following 10 days written demand, the County will exercise its payment rights to the dedicated security; and b) The matter will be referred to the Board of County Commissioners for review. Absent the Board finding exceptional circumstances, the temporary certificate of public facility adequacy shall be revoked. vii. Offsets for road impact fees assessed to building permits for impact fees paid in accordance with this subsection, as well as any remaining balance of payments related to the original three-year certificate, will be applied equally to the new or remaining units or square footage and will run with the subject land. viii. This provision is to be read in conjunction with section 74- 302(h) of the Collier County Code of Laws and Ordinances. * * * * * * * * * * * c. Where the proposed development has been issued final subdivision plat approval or final site development plan approval a certificate of public facility adequacy shall be obtained prior to approval of the next development order required for the proposed development. issuance of a certificate of public facility adequacy for tho development, Page 179 of 194 Words strtue-k-thfough are deleted,words underlined are added ,1 11 1 credit towards the impact fees calculated and due as a 2003, shall be 1 e- d. Assessment and application of transportation impact, fees and surrender of certificate of public facility adequacy. Upon notice by facsimile or other approved electronic format that an application for a final local development order and a certificate Ies-have been approved and a-ce#+€icate issued, or prior to expiration of the temporary, 1-year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 C.4.f., an applicant may pick up the certificate upon payment of the estimated transportation impact fees due in accordance with section 10.02.07 C.1.a. Such estimates shall be based on the currently approved transportation impact fee rate schedule. If the certificate is not picked up within the timeline set forth above and the applicable estimated transportation impact fees paid, the application will be deemed denied and the certificate will be voided. In such a case, the applicant shall then be required to apply for an extension of the capacity reservation in accordance with section 10.02.07 C.4.f. If the size of the residential units is not known at the time of payment, the tlransportation impact fees for residential development will be estimated using the fee based on the mid-range housing size;, Busing—Affordable--hods---wed Page 180 of 194 Words str��^U g:are deleted,words underlined are added Road impact fees paid to obtain a certificate of adequate public facilities are non-refundable after payment and receipt of the certificate of public facility adequacy certificate. Not later than 45 days prior to the due date of the next to occur annual installment for certificates issued subsequent to the effective date of this amendment, or nNot later than 90 days prior to the expiration of the 3 year period for such-certificates issued prior to the effective date of this amendment, the county shall notify the then current owner via certified mail of the amount due calculated in accordance with section 10.02.07 C.1.a. adeq uacy-•-shale-be- certificate of public facility adequacy runs continuously with tho time of utilization. If the estimated transportation impact fee account becomes depleted, the developer shall pay the currently applicable transportation impact fee for each building permit in full prior to its issuance. In the event that upon build-out of the development estimated transportation impact fees are still unspent, the remaining balance of such estimated fees may be transferred to another approved project within the same, or adjacent, transportation impact fee district, provided any vested entitlements associated with the unspent and transferred transportation impact fees are relinquished and the certificate of Page 181 of 194 Words {E ough are deleted,words underlined are added public facility adequacy is modified to delete those entitlements. 2. Rules of general applicability for certificate of public facility adequacy. Certificates of public adequacy issued for roads under section 10.02.07 C.1. of this Code will remain in effect until the expiration date of the certificate will n-in-perpetuity provided provisions of subsection 10.02.07 C.1.e d, of this Code are met and that annual mid-year monitoring reports are filed which comply with section 10.02.07 C.1. of this Code and all developer requirements established during zoning or as part of a developer contribution agreement are completed or are being constructed consistent with the current development infrastructure improvement construction commitment schedule. a. Timing. An application for a certificate of public facility adequacy may only be submitted as part of an application for a final local development order subject to section 10.02.07 C.1. of this Code. b. Impact Fees. A complete application for a certificate of public facility adequacy will include the calculation of the total amount of transportation impact fees estimated to be due by the applicant on the development for which a final local development order application has been submitted. Impact fee calculations will be reviewed and the amount estimated to be paid pursuant to section 10.02.07 C.1.e, d. of this Code finally determined by the impact fee coordinator. Payment in accordance with Section C.1.a. will be due at the time of notification of approval of the final local development order and will be deposited into the applicable impact fee trust fund and will be immediately available for appropriation by the Board of County Commissioners for transportation capital improvements. Final calculation of impact fees due will be based on the intensity of development actually permitted for construction and the impact fee permit(s) rate then currently applicable; such that additional impact fees may be due prior to issuance of the building permit(s). The balance of transportation impact fees shall be due as provided for in section 10.02.07 C.1 of this Code. c. Consolidated application. A final local development order shall receive final approval only to the extent to which the proposed development receives a certificate of public facility adequacy. The application for a certificate of public facility adequacy may only be submitted with an application for final local development order approval, where appropriate under this section. An application for a certificate of public facility adequacy will receive final approval and a certificate will be issued concurrently with approval of a final local development order as set forth in section 10.02.07 C.1.e-d. of this Code. d. Assignability and transferability. An approved certificate of public Page 182 of 194 Words struck-t feagh are deleted, words underlined are added facility adequacy shall run with the land associated with the corresponding development approval, and shall be assignable within the corresponding land of the approved development, and shall not be assignable or transferable to other development, except as may otherwise be provided for under an approved development agreement. This provision does not preclude the re-allocation of capacity between lots or parcels comprising the land that is the subject of the same consolidated application for development approval so long as the original certificate is surrendered along with a written request by the then current owner to re-allocate no more than that certificate's previously approved capacity in a re-issued certificate. * * * * * * * * * * * 4. Procedure for review of application. a. Submission of applications and fees. The application for a certificate of public facility adequacy for road facilities only shall be submitted in duplicate to the Community Development and Environmental Services Division Administrator. Such applications shall be submitted at the filing for the next final local development order as specifically provided for under section 10.02.07 C.1. All other applications for a certificate (i.e., except for road facilities) shall be submitted at building permit application alert-with and final payment for any impact fees owed, including any road impact fees, will be due prior to building permit issuance. Application fees in an amount to be determined by the Board of County Commissioners shall accompany and be part of the applications. * * * * * * * * * * * e. Approval of certificate; payment for, and cancellation of certificates. Upon notification by facsimile by the Community Development and Environmental Services Division Administrator or laic designee and the Transportation Services Division Administrator or his designee, that an application for a certificate of public facility adequacy for road facilities has been approved, transportation impact fees shall be paid in accordance with section C.1.a. If the applicant does not pick up the certificate and pay all applicable transportation impact fees , prior to expiration of the temporary 1-year capacity reservation previously secured by the applicant upon the County's acceptance of the TIS pursuant to section 10.02.07 C.4.f., the certificate will be voided. In such a case, the applicant shall then be required to apply for ' an extension of the capacity reservation in accordance with section 10.02.07 C.4.f. All Collier County impact fees are due and payable at building permit Page 183 of 194 Words struck *are deleted,words underlined are added issuance based on the applicable rate structure in effect at the time the building permit application is submitted at that timo. f. Traffic Capacity Reservation for all or part of the proposed development may be approved and secured at application pending approval of the final sub-division plat, site development plan or building permit upon acceptance of the TIS by the Transportation Administrator as part of a complete Application Request (AR) deemed sufficient for review for the proposed development by the CDES Division. The Transportation Administrator will notify the applicant of any traffic capacity reservation via facsimile per section 10.02.07 C.4.c. Traffic capacity reservations will be awarded to the development upon: approval of the COA and final development order per section 10.02.07 C.4.e.i payment of road impact fees in accordance with section 10.02.07 C.1.a. and 10.02.07 C.4.e.; and Proportionate Share Payment, if applicable, in accordance with section 6.02.01. Traffic capacity reservations approved under this section will expire in 1 year, from TIS approval and determination of available capacity, unless the final local development order for the development is approved, or the Board approves an extension to the 1 year time period. * * * * * * * * * * * * 5. Standards for review of application. The following standards shall be used in the determination of whether to grant or deny a certificate of public facility adequacy. Before issuance of a certificate of public facility adequacy, the application shall fulfill the standards for each public facility component (potable water, sanitary sewer, solid waste, drainage, parks, schools and roads). * * * * * * * * * * * * q. Public school facilities. The determination of public facility adequacy for school facilities shall occur only after the School District has issued a school capacity availability determination letter (SCADL) verifying that capacity is available to serve the development. Public facility adequacy for school facilities shall be granted if any of the following conditions are met. The necessary facilities and services are in place at the time a final site development plan or final subdivision plat is approved;. The necessary facilities and services are under construction or the contract for such facilities and services has been awarded, accepted, and duly executed by all parties, at the time a final site development plan or final subdivision plat is approved., Page 184 of 194 Words struek-thr-ofth are deleted.words underlined are added iii. The necessary facilities and services are found in the first, second or third year of the School District of Collier County's Five-Year Capital Improvement Plan; or iv. The necessary facilities and services are subject of a development agreement to contribute proportionate share funding as provided for in Policy 2.4 in the Public School Facilities Element of the Growth Management Plan or to construct the needed facilities. * * * * * * * * * * * * SUBSECTION 3.TT. AMENDMENTS TO SECTION 10.02.12 RESERVED Section 10.02.12 Reserved, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.12 Reserved.Submittal Requirements for Non-PUD Residential Rezones A. Submittal of School Impact Analysis (SIA) application for residential projects. The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to section 10.04.09 for SIA requirements. * * * * * * * * * * * * SUBSECTION 3.UU. AMENDMENTS TO SECTION 10.02.13 PLANNED UNIT DEVELOPMENT(PUD) PROCEDURES Section 10.02.13 Planned Unit Development (PUD) Procedures, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.02.13 Planned Unit Development (PUD) Procedures A. Application and PUD master plan submission requirements. Applications for amendments to, or rezoning to, PUD shall be in the form of a PUD master plan of development along with a list of permitted and accessory uses and a development standards table. The PUD application shall also include a list of developer commitments and any proposed deviations from the Land Development Code. The PUD master plan shall have been designed by an urban planner who possesses the education and experience to qualify for full membership in the American Institute of Certified Planners; and/or a landscape architect who possesses the education and experience to qualify for full membership in the American Society of Landscape Architects, together with either a practicing civil engineer licensed by the State of Florida, or a practicing architect licensed by the State of Florida, and shall be comprised, at a minimum, Page 185 of 194 Words stele-through are deleted, words underlined are added of the following elements: * * * * * * * * * * 4. Submittal of School Impact Analysis (SIA) application for residential protects. The applicant shall submit a completed SIA application for the School District's review for a determination of school capacity. Refer to section 10.04.09 for SIA requirements. * * * * * * * * * * * * D. Time limits for approved PUDs. For purposes of this section, the word "sunset" or "sunsetting" shall be the term used to describe a PUD which has, through a determination made by the planning services department director, not met the time frames and development criteria outlined in this section of the Code as applicable. For all PUDs, the owner entity shall submit to the planning services department director a status report on the progress of development annually from the date of the PUD approval by the board of county commissioners. The purpose of the report will be to evaluate whether or not the project has commenced in earnest in accordance with the following criteria: * * * * * * * * * * * * 8. PUD time limit extensions. Extensions of the time limits for a PUD may be approved by the board of county commissioners. An approved PUD may be extended as follows: a. Maximum extension: There may be one PUD extension granted for a maximum of two years from the date of original approval sunset. * * * * * * * * * * * * SUBSECTION 3.W. AMENDMENTS TO SECTION 10.03.05 NOTICE REQUIREMENTS FOR PUBLIC HEARINGS BEFORE THE BCC, THE PLANNING COMMISSION, THE BOARD OF ZONING APPEALS, THE EAC, AND THE HISTORIC PRESERVATION BOARD Section 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission, the Board of Zoning Appeals, The EAC, and the Historic Preservation Board, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.03.05 Notice Requirements for Public Hearings Before the BCC, the Planning Commission,the Board of Zoning Appeals, The EAC, and the Historic Preservation Board * * * * * * * * * * * * B. Notice and public hearing where proposed amendment would change zoning classification of land and for conditional uses and variances, for planned unit development (PUD) rezoning extensions, conditional use extensions and for small-scale or other site-specific comprehensive plan amendments. In the case of a small-scale or other site-specific comprehensive plan amendment, an Page 186 of 194 Words dough are deleted,words underlined are added application for extension of PUD zoning status or the rezoning of land, to include re-zonings, conditional uses and variances initiated by other than the Board of County Commissioners or amendments to planned unit developments, such provisions shall be enacted or amended pursuant to the following public notice and hearing requirements by the planning commission and the Board of County Commissioners as applicable. Small-scale or other site-specific comprehensive plan amendments, PUD extensions, rezoning, conditional uses, conditional use extensions and variance petitions initiated by the Board of County Commissioners or its agencies for county owned land shall be subject to these provisions. 1. Applications for a PUD extension and a conditional use extension, whether initiated by the applicant or the BCC, shall only be heard by the BCC pursuant to the notice and advertising requirements set forth in sections 10.03.05 B.10. and 11, of this Code. 2. In the case of PUD extensions pursuant to sections 10.02.13 D.4., 10.02.13 D.5.a. and 10.02.13 D.6. of this Code, and conditional use extensions, a sign shall be posted at least 15 days prior to the date of the hearing before the BCC and shall conform to the applicable sign requirements listed below, a. The sign advising of the PUD extension or conditional use extension hearing shall be in substantially the following format: PUBLIC HEARING FOR A PLANNED UNIT DEVELOPMENT (PUD) and/or CONDITIONAL USE EXTENSION TO PERMIT: (set forth alternatives going to the BCC) DATE: TIME: b. THE ABOVE TO BE HELD IN COMMISSIONERS MEETING ROOM, COLLIER COUNTY GOVERNMENT CENTER, HARMON TURNER BUILDING, 3301 E. TAMIAMI TRAIL, NAPLES, FLORIDA, 34112. * * * * * * * * * * * * F. Public participation requirements for small-scale or other site-specific comprehensive plan amendments, rezonings, PUD amendments, conditional uses, Mixed Use Projects (MUPs), variances and parking exemptions. * * * * * * * * * * * * 2. Written notice of the meeting shall be sent to all property owners who are required to receive legal notification from the county pursuant to subsection 10.03.05 B.10. or 11, Written notice of the meeting shall be sent to all property owners within 500 feet of the property lines of the land for which the amendment to zoning is sought. The 500-foot distance shall be measured from the boundaries of the entire ownership or PUD. For Page 187 of 194 Words struck gh are deleted, words underlined are added properties located within areas of the future land use element of the growth management plan that are not designated urban, the foregoing notice requirements apply, except that written notification must be sent to all property owners within 1,000 linear feet of the subject property. For the purposes of this requirement, the names and addresses of property owners shall be deemed those appearing on the latest tax rolls of Collier seamy County. The applicant shall provide written notice of the Neighborhood Information meeting (NIM) to property owners, condominium and civic associations whose members may be impacted by the proposed land use changes and who have formally requested the county to be notified. SUBSECTION 3.WW. AMENDMENTS TO SECTION 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP Section 10.04.00 Review and Action on Applications For Development Orders and Petitions for Amendments to the Official Zoning Map, the LDC, or the GMP, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.04.00 REVIEW AND ACTION ON APPLICATIONS FOR DEVELOPMENT ORDERS AND PETITIONS FOR AMENDMENTS TO THE OFFICIAL ZONING MAP, THE LDC, OR THE GMP, AND FOR SCHOOL CONCURRENCY DETERMINATIONS * * * * * * * * * * * * SUBSECTION 3.XX. AMENDMENTS TO SECTION 10.04.09 REQUEST FOR CONTINUANCE OF PUBLIC HEARING [RESERVED] Section 10.04.09 Request for Continuance of Public Hearing [Reserved], of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: 10.04.09 School Concurrency Procedures for the Review and Approval of Residential Subdivision Plats and Residential Subdivision Plat amendments; Residential Site Development Plans and Residential Site Development Plan amendments. A. Definitions Applicable to School Concurrency Reviews. Adjacent Concurrency Service Areas: Concurrency Service Areas which are contiguous and touch along one side of their outside geographic boundary. Page 188 of 194 Words struck-trough are deleted, words underlined are added Available Capacity: Existing school capacity which is available within a Concurrency Service Area including any new school capacity that will be in place or under actual construction, as identified in the first three years of the School District's Five Year Capital Improvement Plan. Proportionate Share Mitigation (Schools): An Applicant improvement or contribution identified in a binding and enforceable agreement between the Applicant, the School District and the Local Government with jurisdiction over the approval of the plat, site plan or functional equivalent to provide compensation for the additional demand on public school facilities caused by the residential development of the property, as set forth in Section 163.3180(13)(e), F.S. School Board: The governing body of the School District, a political subdivision of the State of Florida and a corporate body pursuant to Section 1001.40, F.S. School District of Collier County: The School District created and existing pursuant to Section 4, Article IX of the State of Florida Constitution. Type of School: Schools providing the same level of education, i.e. elementary, middle, high school, or other combination of grade levels. B. School Concurrency Established 1. Purpose. The County and the School District shall ensure that the LOS standard established for each Type of School is achieved and maintained. 2. Applicability. No residential subdivision plat or residential site development plan for new residential development may be approved by the County, unless the application is exempt from these requirements as provided for in this Section, or until a School Capacity Availability Determination Letter (SCADL) has been issued by the School District to the County indicating that adequate school capacity exists within a Concurrency Service Area (CSA) for each Type of School. a. The County may condition the approval of the application to ensure that necessary schools are in place, in order to validate or render effective the approval. This shall not limit the authority of the County to deny a residential plat, residential site plan or its functional equivalent, pursuant to its home rule regulatory powers, 3. Exemptions. The following shall be exempt from the terms of this subsection: a. Single family and mobile home lots of record, existing as of the effective date of school concurrency, October 14, 2008. Page 189 of 194 Words strtueli-t"f^ -gh are deleted,words underlined are added b. Any new residential development that had a final subdivision plat or site development plan approval as of the effective date of school concurrency, October 14, 2008, c. Any amendment to any previously approved residential development order that does not increase the number of dwelling units or change the dwelling unit type (e.g., single-family to multi-family). d. Age-restricted communities with no permanent residents under the age of 18. Exemption of an age-restricted community will be subiect to a restrictive covenant limiting the age of permanent residents to 18 years and older. e. All new residential subdivision plats and site development plans, or amendments to previously approved residential development orders, which are calculated to generate less than one student. f. Development that has been authorized as a Development of Regional Impact pursuant to Chapter 380, F.S., as of July 1, 2005. C. School Concurrency Application Review. Any Applicant submitting an application for a residential subdivision plat or residential site development plan must prepare and submit a School Impact Analysis (SIA) to the County for review by the School District. An application that is determined to be exempt under Section 10.02.07 is not subject to school concurrency. Refer to Section 10.04.09 for SIA requirements. 1. The SIA must indicate the location of the development, number of dwelling units and unit types (single-family, multi-family, etc.), a phasing schedule (if applicable), and age-restrictions for occupancy (if any). The County shall initiate the review by determining that the application is sufficient for processing. Once deemed sufficient, the County shall transmit the SIA to the School District representative for review. The process is as follows: a. An application for residential development is submitted to the County for a sufficiency review. Once deemed sufficient, the County transmits the SIA to the School District for review. The School District may charge the applicant a non-refundable application fee payable to the School District to meet the cost of review. b Within 20 working days of receipt of a sufficient SIA application, the School District representative shall review the application and provide written comments to the County. Each SIA shall be reviewed in the order in which it is received. Page 190 of 194 Words st..,.ek�h are deleted,words underlined are added c In the event that there is not adequate c pacity available within the adopted LOS standard in the Concurrency Service Area (CSA) in which the proposed development is located or in an adjacent CSA to support the development impacts, the School District representative will issue a School Capacity Availability Determination Letter (SCADL) within 20 working days of receipt of the SIA detailing how the development is inconsistent with the adopted LOS standard, and offer the applicant the opportunity to enter into a negotiation period to allow time for the mitigation process. If the proposed mitigation is accepted by the School District, County and the applicant, then those parties shall enter into an enforceable and binding agreement with the County and the applicant. d When capacity has been determined to be available, the School District representative shall issue a SCADL verifying available capacity to the applicant and the County within 20 working days of receipt of the SIA application. e The County shall be responsible for notifying the School District representative when a residential development has received a Certificate of Public Facility Adequacy (COA), when the development order for the residential development expires or is revoked, and when its school impact fees have been paid. D. School Concurrence Approval. Issuance of a SCADL by the School District identifying that capacity exists within the adopted LOS standard indicates only that school facilities are currently available, and capacity will not be reserved for the applicant's proposed residential development until the County issues a Certificate of Public Facility Adequacy (COA). 1. The County shall not issue a COA for a residential development until receiving confirmation of available school capacity within the adopted LOS standard for each Type of School, in the form of a SCADL from the School District. Once the County has issued a COA, school concurrency for the residential development shall be valid for the life of the COA. Expiration, extension or modification of a COA for a residential development shall require a new review for adequate school capacity to be performed by the School District. 2. The County shall notify the School District within 10 working days of any official change in the status of a COA for a residential development. 3. The County shall not issue a building permit for a non-exempt residential development without confirming that the development received a COA at plat or site plan approval, and that the COA is still valid. Once the County has issued a COA, school concurrency for the residential development shall be valid for the life of the COA. E. Proportionate Share Mitigation. In the event there is not sufficient school Page 191 of 194 Words struck through are deleted,words underlined are added capacity available within the adopted LOS standard to support an applicant's development, the School District in coordination with the County may consider proportionate share mitigation options and, if accepted, shall enter into an enforceable and binding agreement with the Applicant and the County to mitigate the impact from the development through the creation of additional school capacity. F. Mitigation. If mitigation is agreed to, the School District shall issue a new SCADL approving the applicant's development subject to those mitigation measures agreed to by the County, applicant and the School District. Prior to residential subdivision plat or site plan approval, the mitigation measures shall be memorialized in an enforceable and binding agreement with the County, the School District and the applicant that specifically details mitigation provisions to be paid for by the applicant and the relevant terms and conditions. If mitigation is not agreed to, the SCADL shall detail why any mitigation proposals were rejected and why the development is not in compliance with school concurrency requirements. A SCADL indicating that either adequate capacity is available or that there is no available capacity following a 90 day negotiation period constitutes final agency action by the School District. * * * * * * * * * * * * SUBSECTION 3.YY. AMENDMENTS TO APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS Appendix G, Annual Beach Event Standard Permit Conditions, of Ordinance 04-41, as amended, the Collier County Land Development Code, is hereby amended to read as follows: APPENDIX G ANNUAL BEACH EVENT STANDARD PERMIT CONDITIONS * * * * * * * * * * * * 10. Annual beach events which occur during Sea Turtle Nesting Season (May 1st through October 31st of each year) are also subject to the following regulations: A. All required Florida Department of Environmental Protection (FDEP) Field Permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.06. 5.04.07. B. Consistent with section 5.04.06: 5.04.07. no structure set up, or beach raking, or mechanical cleaning activity for any particular Beach Event shall not commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed. C. Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area Page 192 of 194 Words struckstfueli-thriaugh are deleted, words underlined are added with no less than a 15-foot radius around each sea turtle nest that has been identified and marked on a beach, unless a greater distance is required by an applicable State permit. D. Use of vehicles on the beach is prohibited, except as may be permitted under section 6.94. 5.04.07. E. Consistent with section 5.04.06 5.04.07 all materials placed on the beach for the purpose of conducting permitted Beach Events must be: 1) removed from the beach by no later than 9:30 p.m. the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the annual beach events permit. * * SECTION FOUR: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FIVE: INCLUSION IN THE COLLIER COUNTY LAND DEVELOPMENT CODE The provisions of this Ordinance shall become and be made a part of the Land Development Code of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. Page 193 of 194 Words are deleted,words underlined are added SECTION SIX: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Florida Department of State, Tallahassee, Florida; with the exception that the amendments to Section 2.05.01, as proposed in subsection 3.J of this Ordinance, shall become effective 45 days after rendition of this Ordinance to the Department of Community Affairs, the Southwest Florida Regional Planning Council and owner in accordance with Sections 9J-1-002 and 9J-I-003 F,A,C.; and with the exception that the amendments to Section 2.01.00, as proposed in subsection 3.D of this Ordinance, shall become effective upon repeal of Ordinance No. 08-64. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 8th day of June, 2010. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGI-F'E, BROCK, CLERK OF COLLIER COUNTY, FLORIDA , tz ' ;1--Lt-ut IA-). Co- By: Ati' SS tw til'! t¢Gtlerk FRED W. COYLE, CHAIRMAN I tei4tiiii Oiti'll Approved as to form and legal sufficiency: H idi Ashton-Cicko, Esq. Section Chief, Land Use/Transportation 04-CMD-01077/1024-FINAL 6,8/10 This ordinance filed with ttie rotary of tote's Offi e th' day of Int- r0_ andnnggacknowledgement of that of in received th `4 day U '1�s Page 194 of 194 Ely eM,,k Words 5tf-m-k-t-licough are deleted, words underlined are added 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 2010-23 Which was adopted by the Board of County Commissioners on the 8th day of June, 2010, during Special Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 10th day of June, 2010 . DWIGHT E. BROCK Clerk of Court and, Clerk Ex-officio td Board of . , County Commissioners By: Martha Vergar Deputy Clerk Exhibit " B " ,..' ., \. 'r IN f lli w O v. - -116,440.% o °� v- ..., 0 i v4vits • a .s .1 d': ,__, 110 f w ��y /11t4 ,66. aJ as,r r V CL ' .- ,•_---t.. •;:*01. 4 Itt* ,, Q Ali .... 4 '' t.1144 44 _ :. • till I ' let" /N.gs, .. ... ., ,„. ,, '. ..10,. -4,, . . 4- ., : 'q 7 a e _ (1111: 0 0 g • et • 1. c..9....t _ al; 40• 106.-4- • ' Di s • OZI '-VII E ..., ri)) . r `` I. lowissfif .A.: ' 4 t. `' 1 ii ``... S . , Exhibit " C " 4,..4410:0",1 i si;, -.;.:14: ft;....f.44:7* , •,,., ,._.,_ „vie.,ilirid .)-ii,.;-, _ . _ -, - 'Tr .. +1[111' 41-CD - , .4* '.... _ D : i idi . . it ., 44. Ln Ci , it. Ao.• .. , • 404 '.v 1111plir ',•• .. , itc, -0116,0. 400 r .r.` f • ,,,,: v ,-i,.:• .- ,_ .,,,,„h, .,,,.,,, I-I ii ill ,i ::-4.c. '.:L1:: ;!..::' s'...7 ./ #.k * • . . ,: ''t ' y ); ' 0f E 0 + �„ 1. .r " s + �. *404. V ...en/. "" ��--�t i • i/ (sue . (III '$ c. :.. .. ., . _,:v, illiii\o : 1 • 4 ' i . to ,,,,,,....„ii: . 11 n .::: e - "1.0 i 41lb - iiiiaximi3immobt• A Pit,...... ..k. . ... . \t‘ viol*. 1 '''41%. r " -'s4. ; i a giVillike `-: clip '4,. . : 7 ) NG MINA . lit'---. iiiit ....111,, c .. .. . . _ 11 Iiii .;,,, it ,I il- ,_.._� ��0jibilforr 4 .�. e 4,.. ,„„ b � r . : $'-_ 1• ink, r. Exhibit " D " Bowman July 10, 2025 By upload to Collier GMD portal Michael Bosi,AICP, Planning&Zoning Division Director Growth Management Community Development Department 2800 North Horseshoe Drive Naples, FL 34104 RE: Expert Planning Opinion Mr. Bosi, The Collier County Land Development Code does not contain the definition for"fence".In my professional planning opinion,the plain meaning of"fence" includes the containment fence of a practice driving range. A Planners Dictionary,published by the American Planning Association in 2004, defines a fence as: An enclosure or barrier,such as wooden posts,wire, iron,etc.,used as a boundary,means of protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth. (Blue Springs, Mo.) An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas. (Maryland Heights,Mo.) A structure, solid or otherwise, which is a barrier and used as a boundary or means of protection, confinement, or concealment. (Roswell,N. Mex.) A tangible barrier constructed of any allowable material erected for the purpose of providing a boundary or as a means of protection, or to prevent uncontrolled access, or for decorative purposes (such as an ornamental gate or ornamental gates), or to screen from viewers in or on adjoining properties and streets, materials stored and operations conducted behind it.(Glen Ellyn,Ill.) p. 177: Fence. (Emphasis added.) A containment fence of a practice driving range is to protect against injury from golf balls. A containment fence of a practice driving range is a fence. Very truly yours, obittAAALe. Jeremy Chastain,AICP Senior Manager, Planning and Development 950 Encore Way, Naples, Florida 34110 239 254 2000 bowman.com Exhibit " E " r om: Michael Bosi <Michael.Bosi@colliercountyfl.gov> . Sent: Tuesday, November 26, 2024 7:57 AM To: Robert Mulhere;Jeremie Chastain Subject: [EXTERNAL] FW: Quail Creek Golf Course - Errant Ball Containment Fence Attachments: Email from CSCott2.pdf; Corrections Letter EPR - Outstanding Corrections.pdf Bob,Jeremie, Sorry to deliver bad news, but we have not been able to fins any evidence that the golf ball netting at either location was ever permitted. Based upon this fact the Quail Creek containment will need a variance. Again, I apologize for the extra time that this has created, mike Michael Bosi AICP Division Director - Planning & Zoning Zoning (1)w' Office:239-252-1061 Collier Coun Mobile:239-877-0705 '800 North Horseshoe drive X maples, Florida 34104 Michael.Bosi@colliercountyfl.gov From: Diane Lynch <Diane.Lynch@colliercountyfl.gov> Sent: Monday, November 25, 2024 8:42 PM To: Michael Bosi<Michael.Bosi@colliercountyfl.gov>; David Merino<David.Merino@colliercountyfl.gov> Cc: Renald Paul<Renald.Paul@colliercountyfl.gov> Subject: RE: Quail Creek Golf Course- Errant Ball Containment Fence Quail Creek - 68590400000 CESD20240003998- Open A new 70-foot tall structure is going up on the driving range. PRFW20240521494- Rejected Construction of fencing for existing Driving Range 13296 Valewood DR, (Cart Barn) , Naples PL20240012109 - Quail Creek Golf Club (VA) 'er Applicant, this application needs to be cancelled. MartinezMaria 10/25/2024 2:12 PM \-c his is a request for a variance to provide relief from Table 2 of LDC Section 4.02.01.A, Building Dimension Standards for Principal Uses in Base Zoning Districts, which allows for a maximum building height of 35 feet i within the GC zoning district, to allow for a maximum height of 60 feet for the netting support poles within the errant ball containment fence structure located within the golf course. '`'Hibiscus fenceimmir • ;.*'' i0i' Hibiscus had a code case in 2017 that noted debri and the above fencing was torn down, but I found no permit to put it up in the first place or to put it back and the case was closed when the debri was cleaned up. The only fence permit was in 2020 PRBD20201043723 - 92 LF of 6' H wood fence 5467 Tamiami Trl E I don't find anything for Imperial either- There was a 2015 SIP to re-shape lakes that noted the golf course was built when the county didn't require site plans- see email from chris Scott Diane Lynch Management Analyst II (I}'1\ Operations & Regulatory Management Office:239-252-4283 Collier Coun OcxaC Diane.Lynch(a colliercountyfl.gov From: Michael Bosi <Michael.Bosi@colliercountyfl.gov> -ent: Monday, November 25, 2024 2:58 PM �..o: Diane Lynch<Diane.Lynch@colliercountyfl.gov>; David Merino<David.Merino@colliercountyfl.gov> Subject: FW: Quail Creek Golf Course - Errant Ball Containment Fence 2 Diane, David, Can either of you research the two below parcels and determine if the golf ball containment netting installed was ever recognized by a permit. The question is this netting exempt from the 35-foot height limitation of the golf course zoning istrict? Neither site shows a variance, but I'm not sure if the netting was even recognized on the permit? "Call if you have any questions Hibiscus Golf Course(Folio 55150040004) Y * 1 i' ' A Is . ; ' `•P 1 P vo) • • glad ! .( 1. 1 111. 1 - - / 234 234 _ :'''' 1117* Unit 103 • firallif L V , Pebble Brach Hi vp ' 238 • Und:1 126 • UndS • * 4 Unit:.,1 1 IZIEC3., 47* t ,A • 1 • l' i,... IVA114' t .04;r% 140 nose r • • . • a ,n 3 vite. Ador ipp 'nperial Golf Course (Folio 00151960002) 4 .... ._ , . ' • 414144 . — _ i ,'-'*,''4. '•' ., NI * 11: 0 i Ilk . . . . , • 110 _ .,.. It. .... - .. , ‘ .'4. .. ,j ' 20il ,- . , , ... \ t , # ! ig. , . air : , - ,,. ..• . , ,, ill -.1 ,.14 . • - O ' 45fir e '.,.. ,. ,,,,,, .. i., . ,;is .3. .,.41. ) Azio, . . , 4. , t . 4 • NM- .a .. A ..,:.-- 40°T48 1102.5 14 iAZak II 9. 4, 1111011. , f•4.; . ford. illit ' . ''' 40 4 411W • -04)41.* At.' • * N... , +is ,./..f.evitili. c• • . . It •i -O. 1:..o.... ifff°'ailit• ...•••••--.... .....- I iii;it '2028 . _4 f e A4 ., . • i . .,. . ,,.. . . ..... .....or , • ,,•i, . ...., / , . . .. , ...).• ,...."' 4. oo . 116, '9F •• giv.3 . 6 /' AL . )i• : 44. , II 1/4' - i`.„:.vi • .... „. 14F ... I „, - 1 -i ,... .. „...., _, ....s„ t *4 • . . ; , . L.., iU , ......ct. . , ,.. ,. ..,.. .. , 5 , t ` •• • • • • (�V '•11b •• C if 1 l + ....IPS., i..,.. • . , .,... Y�, i � .rij t .,.. • = Ar I tip !._ • NO e • w.. ��x �r .1 -• ; At • . ill / t ' . : AV111 _ • - ,e-_. • �..$•V,ti-s-Yr u, '.-.•+.10 _ i 1444 rt�• 1,b ,'tit.. ''++.I.,,,,F- 1. 1� l - / J ? rr.„--.4 f �'+..-.._� .- JEREMIE CHASTAIN Planner III I BOWMAN 950 Encore Way, Naples, FL 34110 0: (239)254-2000 I D: (239) 254-2027 I C: (949) 214-5031 jchastain@bowman.com I bowman.com Under Florida Law. e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request do not send electronic mail to this entity. Instead, contact this office by telephone or in writing. 6 Michael Bosi AICP Division Director - Planning & Zoning Zoning `"'Office:239-252-1061 Collier Coun Mobile:239-877-0705 2800 North Horseshoe drive 13 101 X 131 I Naples, Florida 34104 Michael.Bosi(a�colliercountvfl.gov Exhibit " F " ont101172Nr Ng3 AV i 6 `t�o N ORDINANCE NO.05- 42 11�� - ' 41" AN ORDINANCE AMENDING ORDINANCE NUMBER -eZge-v- 2004-41, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE APPROPRIATE ZONING ATLAS MAP OR MAPS BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM PUD TO A MIXED USE PLANNED UNIT DEVELOPMENT KNOWN AS THE ORANGETREE MPUD, FOR PROPERTY LOCATED IN SECTIONS 11 AND 14, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 216 ACRES; PROVIDING FOR THE PARTIAL REPEAL OF ORDINANCE NUMBER 04-73, THE EXISTING ORANGETREE PUD ORDINANCE; AND BY • • PROVIDING FOR AN EFFECTIVE DATE. • r . . WHEREAS,the Collier County Public Utilities Division and the Collier C`6 irTtty Board of County Commissioners, represented by Bruce E. Tyson, AICP, of WilsonMiller, Inc., has 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 that: SECTION ONE: The zoning classification of the herein described real property located in Sections 11 and 14, Township 48 South, Range 27 East, Collier County, Florida, is changed from "PUD" to "MPUD,"Mixed Use Planned Unit Development,in accordance with the additions and deletions to Ordinance Number 04-73, the Orangetree PUD as reflected in the PUD Document, attached hereto as Exhibit "A," which is incorporated herein and by reference made part hereof. The appropriate zoning atlas map or maps, as described in Ordinance Number 2004-41, as amended, the Collier County Land Development Code,is/are hereby amended accordingly. SECTION TWO: Ordinance Number 04-73, known as the Orangetree PUD, adopted on November 16, 2004,by the Board of County Commissioners of Collier County,Florida,is hereby repealed only to the extent that the Ordinance is inconsistent with the additions and deletions set forth in the Orangetree MPUD Document attached hereto as Exhibit"A". All other provisions of Ordinance Number 04-73 shall remain in full force and effect. Words stniek-thcough are deleted;words underlined are added. Page 1 of 2 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 26'day of �u�� ,2005. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT.E..BROCK,CLERK COLLIER COUNTY,FLORIDA .... ... C,,: ,-,� '1m✓.�1- _ 1.C- BY: 7 - IA). 4,0'p s CLERK FRED W.COYLE,CHAIR lx i1"'t6 ►ilman's s 1`gi ure.t4 4. suit,- Approved as to form and legal sufficiency Marjo M. Student-Stirling Assistant County Attorney PU DZ-A-2004-A R-6888/KD/sp This t dint:nce filed with the fary of State's Off a th doy of end ocknowledg m that fiiin recei ed is -doy o u O.f. c�.* Words stiquak-thfeugh are deleted;words underlined are added. Page 2 of 2 ZONING AND DEVELOPMENT DOCUMENT for ORANGETREE And COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DIVISION First Amendment Prepared by: WilsonMiller, Inc. Engineers, Planners and Land Surveyors 3200 Bailey Lane at Airport Road, Suite 200 Naples, Florida 33912 34105 PUD Amendment Application November 22, 1989 Revised February 27, 1991 Revised May 13, 1991 Revised May 11, 2004 Revised October 26, 2004 Revised 2005 Revised April 5, 2005 Revised Mav 12, 2005 Original Z & DD Approval: December 10, 1985 Ordinance Number: 87-13 Approved by CCPC: December 20, 1990 Approved by BCC: June 1991 Ordinance Number: 91-43 Approved by CCPC: March 4, 2004 Approved by BCC: May 11, 2004 Ordinance Number: 2004-30 Approved by CCPC: September 16, 2004 Approved by BCC: November 16, 2004 Ordinance Number: 2004-73 Exhibit "A" 6/15/2005-151994 Ver 031-CWARD GM4] 70001-204-001-E W RK-28106 - 2 - INDEX • PAGE Index 2 Statement of Compliance 2A List of Exhibits and Tables 3 SECTION I Property Description 4 SECTION II Project Development 5 SECTION III Agricultural Development 10 SECTION IV Residential Development I- 12 SECTION V Commercial/Neighborhood 16 SECTION VI Golf Course 19 SECTION VII Community Use 21 SECTION VIII School/Park 24 23 SECTION IX Public Facilities 25 SECTION IX General Development Commitments 26 6/1512005-151994 Ver 03!-CWARD CAYf3 70001 204-001-EW RK-28106 2A STATEMENT OF COMPLIANCE The Development of approximately 2136.8 acres of property in Collier County, as a Planned Unit Development, known as Orange_tree. will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The Development is subject to, and will also be in compliance with the Binding Letter of Interpretation of Vested Rights Status/Binding Letter of Interpretation of Modification to a Development of Regional Impact with Vested Rights/Vested Rights Status notification issued by the Florida Department of Community Affairs on April 8, 1986. The residential, commercial, agricultural, community facility, public facility and recreational uses of Orangetree 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: 1. 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. 2. The project development is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 3. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 4. 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. 5. The project's gross density, commercial uses, and other non-residential uses, are consistent with the Rural Settlement Area designation in the Future Land Use Element and Golden Gate Area Master Plan of the Growth Management Plan. The Rural Settlement Area District allows the uses identified in the Orangetree PUD and does not establish maximum densities or intensities. SHORT TITLE This Ordinance shall be known and cited as the "Orangetree Planned Unit Development Ordinance." 6/15/2005-151994 Ver 03I-CWARD CA43 7 0001-2 04-001-EWRK-28106 - 3 - LIST OF EXHIBITS AND TABLES EXHIBIT A Master Plan (Prepared by Thomas Lucido &Associates Ref. No. 9020) EXHIBIT B Legal Description TABLE I Land Use Summary TABLE II Estimated Market Absorption Schedule TABLE III Development Standards • 6/152005-151994 Ver 031-CWARD CA/ 70001-204.001-E W RK-28106 -4 - . SECTION I PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION, AND PURPOSE It is the intent of Amnon Golan, Trustee, Orangetree Associates, (hereinafter called "Applicant or Developer") to establish a Development on approximately 2,136.87 acres of property located in Collier County, Florida. The subject property is described as "North Golden Gate" on Collier County maps and is bounded on the west by Immokalee Road (CR 846), on the south by Randall Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction. 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2,136.87 acres and is platted as North Golden Gate and recorded in the Public Records of Collier County, Florida as follows: Unit 1 Plat Book 9 Pages 12-28 Unit 2 Plat Book 9 Pages 39-43 Unit 3 Plat Book 9 Pages 125-142 Unit 4 Plat Book 9 Pages 53-64 Unit 5 Plat Book 9 Pages 65-72 Unit 6 Plat Book 9 Pages 74-78 Unit 7 Plat Book 9 Pages 85-97 Less and except those lands described in Exhibit "B" attached, containing 615.93± acres. 6/152005-151994 Ver.03!-CWARD CAW 70001-204-001-EWRK-28106 - 5 - SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT The subject parcel is designed as a mixture of agriculture, residential uses, commercial and community oriented facilities, and recreational elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. 2.04 SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards and review procedures regulating subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. For site development plan approval, the provisions of Subsection 10.02.03 of the Land Development Code shall apply to the development of platted tracts or parcels of land as provided in Subsection 10.02.03 prior to the issuance of a building permit or other development order. 2.05 LAND USES Table I is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on the Master Plan, Thomas Lucido & Associates Ref. No. 9020. Changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation, and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to the Administrator for approval or denial, as described in Section 2.04 of this document. 6/15/2005-151994 Ver 03,-CWARD Cee3 70001-204•001-EWRK-28106 - 6 - 2.06 PROJECT DENSITY The total acreage of the subject property is approximately 2,136.87 acres. The maximum number of dwelling units to be built on the total acreage is 2,100. The number of dwelling units per gross acre is approximately 0.98. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.07 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 2,100. The Administrator shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 2,100. The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty(20)percent in each category. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. 2.08 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property but the property is to be developed over an estimated 15 year-time period. Any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. Table II indicates, by phase, the estimated absorption of units for the estimated 15 year development period. 2.09 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this documents. 2.10 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 6/15/2005-151994 Ver 03,CWARD Cww 70001.204.001-EWRK-29106 - 7 - 2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulations shall be requested at the time of Subdivision Master Plan review and approval. 2.12 LAKE SITING As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off- site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. 2.13 ROADS Collector roads will be public roads. Local roads within the development may be either public or private roads, depending on location, capacity, and design. 6/15/2005-151994 Ver 03l-CWARD C4Wt 7 0001-2 04-00 1-EWRK-28106 - 8 - LAND USE SUMMARY TABLE I SYMBOL DESCRIPTION UNITS APPROXIMATE ACREAGE AG Agriculture *2 482 131*1 GC Golf Course *2 200*3 R-1 Residential 143 110 R-2 Residential 1797 586 R-3 Residential 160 30 CU Community Use 86 155 PF Public Facility 147 U Utility 15 SP School/Park 36 171 CN Neighborhood(Max. 60,000 22 Commercial S.F. plus motel units) RW Right-of-Way 149.8 LAKE 420 Total 2,100 2,136.8.7*4 NOTE:The projected total unit summary represents one possible residential mix to yield 2,100 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2,100 units. R-1 One-half acre lots— single family. R-2 Detached and attached single family duplex and triplex, cluster homes, zero lot line, villas, patio homes, townhouses. R-3 Cluster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story max.). *1 Includes agricultural reservoirs. *2 Approved breakdown of agriculture and golf course lands. *3 Includes golf course related lakes. *4 Based on actual survey ' of acreage. 6/1512005-151994 Ver 031-CWARD CANS 70001-204.001-EWRK-28106 - 9 - ESTIMATED MARKET ABSORPTION SCHEDULE . TABLE II YEAR DWELLING UNIT CUMULATIVE PRODUCTION TOTAL 1 0 0 2 70 70 3 100 170 4 140 310 5 160 470 6 160 630 7 160 790 8 165 955 9 165 1,120 10 165 1,285 11 165 1,450 12 165 1,615 13 165 1,780 14 160 1,940 15 160 2,100 6/15/2005.151994 Ver.03!-CWARD CAMA3 7 0001-204-001-E W RK-28108 - 10 - SECTION III AGRICULTURAL DEVELOPMENT 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thomas Lucido &Associates Ref. No. 9020 as AG. 3.02 GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective use of which is agricultural,pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, and public educational plants and ancillary plants, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip-irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURE A. Permitted Principal Uses and Structures: 1) Agricultural activities, such as field crops, reservoirs/lakes, orchards, horticulture, fruit and nut production. 2) Educational plants: An "Educational Plant" comprises the educational facilities, site and site improvements necessary to accommodate students, facility, administrators, staff, and the activities of the educational program of each plant that is operated by the Collier County School Board. B. Conditional Uses: 1) Ancillary plants: An "Ancillary Plant" is comprised of the building, site and site improvements necessary to provide such facilities as vehicle maintenance, warehouses, maintenance, or administrative buildings necessary to provide support services to an educational program operated by the Collier County School Board. 6/15/2005-151094 Val 03!-CWARD CW3 70001.204-001-E W RK-28106 - 11 - -- C. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2) On-site retail sales of farm products primarily grown on the farm. 3) Caretakers residences. D. Permitted Uses/Conditional Uses Requiring Site Development Plan Approval: 1. Packing Houses 2. Public educational plants and ancillary plants E. Development Standards for Educational Plants and Ancillary Plants: 1. In accordance with the Interlocal Agreement between the Board of County Commissioners and the Collier County School Board adopted May 16, 2003, set forth in the LDC or its successor ordinance. 2. Building height shall be a maximum of forty-eight (48) feet for principal structures and thirty-six (36) feet for accessory structures. 3. All required buffers for the School Board's property shall be in place by December 31, 2004. 6/152005-151994 Ver.03!-CWARD Cww3 70001-204-001.EW174-28106 - 12 - SECTION IV RESIDENTIAL DEVELOPMENT 4.01 PURPOSE The purpose of this Section is to set forth general regulations for the areas designated on the Master Plan Thomas Lucido & Associates Ref. No. 9020 as Residential (R-1 to R-3). 4.02 MAXIMUM DWELLING UNITS A maximum number of 2,100 dwelling units may be constructed on lands designated as Residential (R-1 to R-3) except as permitted by Section 2.07. 4.03 GENERAL DESCRIPTION Areas designed as Residential (R-1 to R-3) Thomas Lucido & Associates Ref. No. 9020 are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities provided such uses meet the development standards as set forth in this document. Four residential land use categories have been identified on the Master Plan. The R-1 designation includes approximately 110 aces and will accommodate single family development on one-half acre lots. The R-2 designation includes approximately 586 acres and will provide for both conventional detached and attached single family development. The R-3 designation includes approximately 30 acres of low density cluster and multi-family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES R-1 • Detached single family homes • Model units • Recreational facilities,parks, lakes and water management facilities R-2 • Detached and attached single family homes • Duplex and triplex units • Cluster homes, zero lot line, villas,patio homes, townhouses • Model units • Recreational facilities, parks, lakes and water management facilities 6/1512005-151994 Ver.03!-CWARD GW7 70001-204-001-EW RK-28106 - 13 R-3 • Cluster homes, zero lot line, villas, and patio homes • Townhouses • Garden apartments, low rise multi-family • Recreational facilities, parks, lake and water management facilities 4.05 PERMITTED ACCESSORY USES AND STRUCTURES • Accessory uses and structures customarily associated with uses permitted in this district • Essential services and facilities • Guest homes in R-1 areas on lots one acre or larger in size 4.06 PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.04 • Religious facilities • Civic and cultural facilities • Educational facilities • Private Clubs • Child care centers—owner occupied • Rest homes, foster homes, rehabilitation center, hospices • Other non-residential uses customary in residential districts 4.07 DEVELOPMENT STANDARDS The following Sections set forth the development standards for permitted uses within the subject parcel. a. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: 1. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. 2. If the parcel is served by a private road, setback is measured from the road easement or parcel line. 3. If the multi-family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. 6/15/2005-151994 Ver 03!-CWARD CMit 70001-204-001-E W RK-28106 - 14 - DEVELOPMENT STANDARDS "R" Residential Areas . TABLE III A Permitted Uses R-1 Villas, Single Low Rise Standards Detached Patio & Family and Garden R-2 Cluster Attached Apartments Detached Homes Townhouse Minimum Site Area 1/2 - AC 3000 SF 3000 SF - 6000 SF x units Site Width Min. Avg. 120 60 Front Yard Setback 30 20 20 25 25 Side yard Setback 20 0 or 10 0 or 10 15 5.5 Rear Yard Setback 25 15 25 30 20 Rear Yard Setback Acsry. 0 0 0 0 5 Max. Building Height 25 25 25 25 25 Dist. Between Principal Str. N/A N/A .5 SBH .5 SBH N/A Floor Area Minimum (S.F). 1200 750 900 750 1000 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width_ SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). SBH: (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining setback requirements. 6/1572005-151994 Ver 031-CWARD CAW 70001-204-001-EWRK-28106 - 15 - DEVELOPMENT STANDARDS "R" Residential Areas TABLE III B PERMITTED USES EDUC. CIVIC/ RELIGIOUS PRIVATE OTHER STANDARDS FACILITIES CULTURAL FACILITIES CLUB USES FACILITIES NOT LISTED Minimum Site As determined during the Per County Area process under Section 2.04. Regulations in effect at the Site Width As determined during the time a permit is Min. Avg. process under Section 2.04. requested. Site Depth As determined during the Min. Avg. process under Section 2.04. Front Yard 40 40 40 30 Setback Side Yard 30 30 30 20 Setback Lake Bank 20 20 20 20 Setback Rear Yard 30 or BH 30 or BH 30 or BH 30 Setback Rear yard 10 10 10 10 Setback Acsry. Max Building 25 25 25 25 Height (Ft.) Dist. Between .5 SBH .5 SBH .5 SBH .5 SBH Principal Str. Floor Area 1000 1000 1000 1000 Minimum (S.F.) 6/15/2005-151994 Ver 031-CWARD CAMa3 70001-204-001-EWRK-28106 - 16 - SECTION V CN— COMMERCIAL/NEIGHBORHOOD 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Thomas Lucido & Associates Ref. No. 9020, as 'CN'. The CN tract is intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations, without major repair; agricultural supply stores. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. 3) Carpet and floor covering sales (including storage and installation); child care centers; churches and other places of worship; clothing stores; confectionery and candy stores; convenience commercial establishments. 4) Delicatessen; drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food restaurants. 7) Gift shops; gourmet shops; 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospices. 9) Ice cream stores; ice sales; interior decorating showrooms. 10) Jewelry stores. 6/15/2005-151994 Ver 03t-CWARD C'/a7 70001-204-001-EWRK-28106 - 17 - 11) Laundries — self— service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market; medical office or clinic for human care; millinery shops; motel, hotel and transient lodging; music stores. 13) Office (retail or professional); office supply stores. 14) Park and ride, paint and wallpaper stores; pet shops; pet supply stores; photographic equipment stores;post office. 15) Radio and television sales and services; excluding satellite dishes and antennas; restaurants, including fast foods; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationery stores; supermarkets and sanatoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18) Variety stores; veterinary offices and clinics (no outside kenneling). 19) Watch and precision instrument sales and repair. 20) Water management facilities and essential services. 21) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). B) Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker's residence. 5.03 DEVELOPMENT STANDARDS A) Minimum Site Area: As approved under Section 2.04. B) Minimum Site Width: As approved under Section 2.04. C) Minimum Yard Requirements from parcel boundaries: 6/1512005-151994 Ver 03!-CWARD CA043 70001-203-001-EW RK-28106 - 18 - Abutting non-residential areas: Twenty-five (25) feet. Abutting residential areas: Thirty-five (35) feet in which as appropriately designed and landscaped buffer shall be provided, as determined under Section 2.04, and in which no parking shall be permitted. D) Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. E) Maximum Height of Structures: Twenty-five (25) feet above the finished grade of the site. F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. H) A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial building floor area shall be permitted in the CN district, exclusive of motel use. I) No outside display or storage shall be permitted. J) Maximum density for motel, hotel, and transit lodging shall be 26 units per acre. 6/15/2005-151904 Ver 031-CWARD CM43 70001-204-001-EWRK-28106 - 19 - SECTION VI 'GC'GOLF COURSE 6.01 GOLF COURSE DISTRICT The Golf Course District is intended to provide for an 18-hole gold course within the project. 6.02 PERMITTED LOCATIONS It is recognized that golf courses provide open space for an entire community and serve a variety of functions including important water management functions. Therefore, the Golf Course District shall be a floating use and may be located within the Agricultural or Residential Districts, provided that the density of residential development shall not be substantially effected. 6.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for one or more of the following uses: A. Permitted principal Uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of alcoholic beverages. 4) Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). B. Permitted Accessory Uses and Structures 1) Pro-shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. 2) Non-commercial plant nursery. 3) Maintenance shops and equipment storage. 6/15/2005-151994 Ver:031-CWARD CAW 70001-204-001-EWRK-2610E -20 - 4) Accessory uses and structures customarily associated with the uses permitted in this District. 5) Snack bars. 6) A maximum of two (2) residential units in conjunction with the operation of the golf course. 7) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to serve patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. 6.04 DEVELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. A. Maximum Height: - 25' B. Overall site design shall be harmonious in terms of landscaping, locations of structures, locations of access streets and parking areas, and location and treatment of buffer areas. C. Buildings shall be set back a minimum of fifty (50) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 6.05 SITE PLAN APPROVAL REOUIREMENTS A. A plan of the golf course shall be approved in accordance with Section 2.04 prior to construction. B. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.04. 5/12/2005-151994 Ver:021-CWARD CA11] 70001-204.001-EWRK-26106 - 21 - SECTION VII COMMUNITY USE 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020, as CU, Community Use. The site includes 54 155 acres, is owned by to Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for the project. Of this total, 31 acres shall bo are used for CU by Collier County for the cxpansion of the Collier County Fair Grounds. 7.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: • Parks and playgrounds • Bicycle, hiking and nature trails • Recreational shelters and restrooms • Recreational fields, sports facilities and courts • Passive recreational facilities • Docks and small boat rentals • Community centers • Restaurant or snack bar in conjunction with recreational activities • Water management facilities and essential services • Collier County Fair Grounds • State of Florida Forestry Department facilities • Fire State Site • Household waste and recycling facilities • Other governmental facilities • Park and ride facilities • Any other use which is comparable in nature with the foregoing list of permitted principal uses, as determined by the Board of Zoning Appeals ("BZA"). • Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section III, Agricultural Development. 7.03 DEVELOPMENT STANDARDS A. Minimum site area: None B. Minimum setback from tract boundaries: 50', except that household waste and recycling facilities shall be set back 100' from abutting residential districts. 5/12'2005-151999 Ver 02!-CWARD CM43 70001-204-001-E W RK-28106 -22 - C. Minimum setback from road right-of-way: 25' D. Maximum height of structures: 25' (except fire observation tower) E. Minimum distance between buildings: '/2 the sum of their heights Er Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. 5/12/2005-151994 Ver 02!-CWARD cuu 70001.204-001-EWRK-28106 - 23 - SECTION VIII 'SP' SCHOOL/PARK 8.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido &Associates Ref. No. 9020, 'SP' School/Park. The SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier county Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The site shall be provided with potable water and sanitary sewer service in conformance with this documents and all applicable standards and requirements. An additional 11 acres is reserved for use as a community recreational park as shown on the Master Plan. 8.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Elementary or middle school and facilities 2) Parks and playgrounds 3) Bicycle, hiking and nature trails 4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7) Any other use which is comparable in nature with the foregoing list of permitted principal uses as determined by the Board of Zoning Appeals ("BZA"). 8.03 DEVELOPMENT STANDARDS 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Site Width: As approved under Section 2.04 3) Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 20' from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. 6) Distance Between Principal Structures: '/2 the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and 5/12/2005-151994 Ver.02!-CWARD C.a3 70001-204-001-EWRK-28106 24 - landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8) Prior to development, a development plan for the tract shall be approved in accordance with Section 2.04. 5/12/2005-151994 Ver 021-CWARD CAW 70001-204-001-EWRK-28106 - 25 - SECTION IX PUBLIC FACILITIES 9.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan as PF, Public Facilities. The site includes 147 acres, is owned by Collier County and may be used for the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's requirements for public facilities. 9.02 PERMITTED USES AND STRUCTURES The following uses are permitted within the PD district: 1) Water treatment plants 2) Wastewater reclamation plants Administrative facilities common to treatment plant 4� Raw water wells Injection wells 6) Stormwater management facilities 7� Accessory structures including but not limited to maintenance facilities, fueling facilities, communications towers, and other accessory facilities commonly associated with water treatment and water reclamation facilities. 8) Continuation of orange grove activity until development occurs on the property or on undeveloped portions of the property as provided for in Section III, Agricultural Development. 9.03 DEVELOPMENT STANDARDS l) Minimum site area: None 2) Minimum setback from tract boundaries: 100' for water and water reclamation facilities, 50' for common administrative facilities, 15' for all other facilities Minimum setback from road right-of-way: 25' Maximum height of structures: 60' 5) Minimum distance between buildings: 10' 61 Minimum standards for parking, lighting, signage, and landscaping shall conform with the applicable Collier County regulations in effect at the time permits are sought. 21 Minimum setback for communications towers: one half of the tower height adjacent to residentially zoned property. The Public Facilities portion of the PUD shall be consistent with the Growth Management Plan regarding potential future interconnections. 5/12/2005.151994 Ver:021-CWARD 70001-204-001.E W RK-28106 -26- SECTION IX GENERAL DEVELOPMENT COMMITMENTS 109.01 PURPOSE The purpose of this Section is to set forth the general development commitments for the project. 109.02 DEVELOPMENT COMMITMENTS A. ENERGY 1) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state-of-the-art energy conservation techniques shall be made with practically and economically feasible. Such techniques may include, but shall not be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi-family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area. c. Use of energy-efficient features in window design (e.g., shading and tinting). d. Use of operable windows and ceiling fans. e. Installation of energy-efficient appliances and equipment. f. Reduced coverage by asphalt, concrete, rock and similar substances in streets, parking lots and other areas to reduce local air temperatures and reflected light and heat. g. Installation of energy-efficient lighting for streets, parking areas, recreation areas and other interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. 5/102005-151994 Ver 02!-CWARD CAY3 70001-204-001-EW RK-28106 - 27 - i. Planting or retention of native shade trees to provide reasonable shade for all recreation areas, streets and parking areas. j. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. 1. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. m. Provision for structural shading (e.g., trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. n. Inclusion of porch/patio areas in residential units. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B. AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. C. TRANSPORTATION 1) Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, or Division 3.15 of the Land Development Code, as amended. 2) The developer shall provide separate left and right turn lanes on Immokalee Road as the project's access if deemed necessary by either the Transportation Operations Director or Transportation Engineer, and shall fund one hundred percent of the capital cost of any traffic signals associated with the ingress and egress when deemed warranted by the County Traffic Operations Engineer. The signal shall be owned, operated and maintained by Collier County. 3) The developer shall bear the entire cost of all traffic signals which may become needed at intersections within the project. 5/12/2005.151994 Ver.02!-CWARD GM7 70001-204-001-E W RK-28106 -28 - D. WATER MANAGEMENT 1) A master/conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The water management for the Orangetree project shall implement water quality "best management practices" to the extent possible. 5) An Excavation Permit will be required for the proposed lakes in accordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. 6) Reservoirs/lakes wholly located in agriculturally designated land may vary from typical construction specifications of County Ordinance No. 88-26 as approved by the Board of County Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs/lakes is ever changed to a use other than agriculture, all areas of the reservoirs/lakes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. E. WATER AND SEWER 1) Water Facilities — Developer shall provide an on-site potable water source and shall construct an on-site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 2) Sewer Facilities — Developer shall construct an on-site sewage treatment plant and sewage collection and transmission system to serve all developed portions. Treatment plant shall provide treatment levels, pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to allow use of treated effluent in the proposed on-site drip irrigation system. 5/122005.151994 Ver 02!-CWARD CA443 70001-204-001-EWRK-28106 - 29 - All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80-112 showing the availability of sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collection and transmission systems and the on-site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3) Plans Approval — All construction plans and technical specifications and proposed plans, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. Any utility entity established to serve or serving the project shall also be bound by these General Development Obligations concerning the provision of water and sewer related utilities to the project. 4) Facilities Ownership and Conveyance — It is understood by Developer that Collier County may, at some future time, desire to serve the project water and sewer services. To that end, Developer freely and voluntarily agrees to convey at no cost all water and sewer treatment plants and distribution/collection and transmission system components to Collier County. Notwithstanding anything herein to the contrary, the County in turn will agree not to make formal request to serve the project with water �.. or sewer related services until on or after January 1, 2001. In that regard, 5/12/2005-151994 Vac 021-CWARO CAA13 70001.2C4-001-E W RK-28106 - 30- Developer and any interim utility established to serve the Project shall �-- enter into a specific agreement with and acceptable to County which outlines the procedures, covenants, obligations and responsibilities arising from these General Development Obligations concerning the provision of water and sewer related utilities to the project. Once the water/sewer systems have been conveyed to Collier County, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 5) Rights-of-way/Easements — All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on-site water or sewer plants, the plant site shall be conveyed back to the developer by applicable statutory deed and site utility easements shall be vacated, except that an easement shall be reserved for any connecting facilities required, pursuant to paragraph 6). 6) Connection to county Water and/or Sewer Facilities — All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim'water and/or sewage treatment facility and discontinue use of the water supply source, if 5/12/2005-151994 Ver 02!-CWARD CAIK3 70001-204-001-E W RK-28106 - 31 - applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off-site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s). 7) Customers — All customers connecting to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County. Prior to connection of the project to the County's off-site water and/or sewer facilities, or the County assuming operation and maintenance responsibility for the water and/or sewer systems the Developer and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 8) System Development Charges — During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission (PSC). Developer agrees to pay all applicable system development charges or impact fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County that all owners of existing properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a building permit for which construction is proceeding in good faith, shall not be required to pay a 5/1212005-151994 Ver.02-CWARD CAN1 70001-204-001-E W RK-28106 - 32 - water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project with water or sewer related services, the Board of Commissioners, in good faith, expressly declares its intention to operate the water or sewer utility treatment facilities as a part of its regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on-site treatment facilities. Notwithstanding the provisions of this subparagraph 8 a subsequent ordinance of general application, effective at the time of connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County which has contrary or differing provisions relative to the imposition of water and/or sewer system development charges or impact fees, shall be construed as superseding the applicable provisions of this subparagraph 8. 9) Developer shall be allowed up to ten (10) temporary private wells and individual sewage disposal systems as areas are developed prior to construction or expansion of the central systems. All such temporary facilities shall comply with applicable state and county regulations and shall acquire required permits. F. ENVIRONMENTAL �. 1) A site clearing plan shall be submitted to the Environmental Services Department Staff for its review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. 2) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Environmental Services Department Staff for its review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. 3) All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Environmental Services Department Staff. 5/12/2005-151994 Ver 021-CWARD C4;41 70001-204-001-EWRK-28106 - 33 - 4) If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Environmental Services Department Staff notified. Development will be suspended for a sufficient length of time to enable the Environmental Services Department Staff or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Environmental Services Department Staff will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. Collier County raw water wells, that do not draw water from the surficial aquifer system shall be located according to the requirements of Chapter 6R of the Florida Administrative Code. Wells that do not draw water from the surficial aquifer system shall be considered unregulated wells. G. EDUCATION 1) The project shall fully mitigate its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a school site. 2) Future development of the educational facilities within this PUD Zoning District shall be subject to the two Interlocal Agreements between the Board of County Commissioners of Collier County, Florida and the Collier County School Board to establish educational plant and ancillary plant site development review processes. H. FIRE PROTECTION 1) The developer commits to providing a central water system to all residential and commercial facilities which is capable of providing fire flow capacities as required by Collier County. 2) Building heights shall be limited to twenty-five (25) feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. FISCAL The developer has agreed to dedicate a school site to the School Board, and to donate fifty-five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donated $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the project's fiscal impacts. 5/12/2005-151994 Ver.021-CWARD CAMS, 70001.204.001-E W RK-25106 - 34 109.03 DEVELOPMENT PLAN A. The Master Plan, Thomas Lucido & Associates Ref. No. 9020, is an illustrative preliminary development plan. B. The design criteria and layout illustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes shall be permitted subject to County staff administrative approval. 101.04 AMENDMENT Amendments of this PUD Document, or of the Master Land Use Plan, shall be accomplished according to the procedures set forth by Collier County for amendments to a planned unit development. •r- 5/12/2005-151994 ver 021-CWARD CANA1 70001-204-001-EWRK-28106 1 11 c I 11 atvD ..•, l ... ( ..:fir.. 11 1 • is.. "' a , I FeFs'..: 1 0.... if. II '----.1 / ' ' •.i.' 1 Ire' ''‘...\ ' ,,,, 1..,;4;74.; .'iti%s,I Ir I: ' li I in r44 :0 11 ' 1 bl • ..4iin°7'e :, . • 414.....y... 0 ? I • v' '�. WW_ t / _ ..,„1,i* 4,,,,,, I : k 1_ U f /( 9 I i '' , I �y t •ram 1 • 1 , , „t " -� -y • \aNtr. � r m �! as . maw, �f. 0 •`,• N m 0 g R m� e (�Jj r � N N � .'"i n 'n .i 1• V. ya• CAp li tl to H 21 IT5 y3oGhill2 OP �' IN ~ • A ".0 �i �'i d� r r F • 0 qg •�g Y ► 6 M U • • Oo a a : d d w �� as �* '�� 4 o s' Ill � 2 oa n g o m s�'ew H F3�. 4 $o .7 a 0 O 1• p Yi G F P W U 1 7 7 STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit , Collier County, Florida, do hereby certify that the foregoing is a true and correct copy of : ORDINANCE 2005-42 Which was adopted by the Board of County Commissioners on the 26th day of July 2005 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27Th day of July, 2005 . • DWIGHT E. BROCK "' '• �,' • Clerk of Courts '` '{ Ex-officio to Board::-8f• County Commissions s:i$' ..> • - ` By: Ann Jennejobn, ',.,,.'' �. 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N 1• J J Exhibit " H " • ORDINANCE NO.2000-3 7 $91011124h_ AN ORDINANCE AMENDING ORDINANCE plO�% , s��3 NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE `ti R A COMPREHENSIVE ZONING REGULATIONS FOR co THE UNINCORPORATED AREA OF COLLIER 1 (Ale ti� COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED $ % � 8621N, 8621S AND 8622S BY CHANGING THE �xZ9Z5L�' ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS OLD CYPRESS, FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (C.R.- 846), 1.3 MILES EAST OF I-75,IN SECTIONS 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 538.1+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-92, THE FORMER OLDE CYPRESS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS,Robert L. Duane,AICP of Hole Montes&Associates,representifl 1d#Cypress Development Corporation, petitioned the Board of County Commissioners to ch446 tlii:zon# ; co •— classification of the herein described real property. - u i� t NOW THEREFORE BE IT ORDAINED BY THE BOARD ,8F' OUty C_fl 9 COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that: nm SECTION ONE: The Zoning Classification of the herein described real property located in Sections 21 and 22, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 8621N, 8621S and 8622S, as described in Ordinance Number 91-102, the Collier County Land Development Code,are hereby amended accordingly. SECTION TWO: Ordinance Number 99-92,known as the Olde Cypress PUD, adopted on December 14, 1999 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. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this&Akday of / ,2000. ATTEST: BOARD OF COUNTY COMMISSIONERS DWJGHT E.BROOK,CLERK COLLIER COUN A Attest as -to Chairman's TIM J.CON TINE,CHAIRMAN signature only. Approved as fo Form and Legal Sufficiency This ordinance filed with the Secretary of Stat&s Off the �p 'dayof acknowledgement of that Lec.EMar filing received �y Assistant C Student of d'ov ' J Assistant County Attorney v 3y G:/admin/PUD-99-18(1)/RN/ts -2- • OLDE CYPRESS PLANNED UNIT DEVELOPMENT DOCUMENT Exhibit A PREPARED BY: Hole, Montes & Associates, Inc. 715 Tenth Street South Naples, Florida 34102 December 28 , 1999 HMA File No . 1998152 DATE ISSUED: ( DATE REVISED : DATE APPROVED BY CCPC: DATE REVISED: DATE APPROVED BY BCC: 472.310O ORDINANCE NUMBER: ,Z4:Do--,5' W:\799e\1990152VNMPUD2-saelions%DECPUDVnartopOEC1PUD2.5 2000 Doc TABLE OF CONTENTS PAGE SECTION I, Statement of Compliance I-1 SECTION II, Property Ownership & General Description II-1 2 . 01 Introduction and Purpose 2 . 02 Name 2 . 03 Legal Description 2 . 04 Title to Property 2 . 05 General Description SECTION III, Project Development III-1 3 . 01 Purpose 3 . 02 General Plan of Development 3 . 03 Wetlands 3 . 04 General Land Development Regulations SECTION IV, Land Use and Regulation IV-1 4 . 01 Purpose 4 . 02 Project Plan & Land Use Tracts 4 . 03 Project Density 4 . 04 Sequence and Scheduling 4 . 05 Recreational Facilities and Schedule 4 . 06 Native Vegetation Retention 4 . 07 Common Area Maintenance SECTION V, Golf Course V-1 �-- 5 . 01 Purpose 5 . 02 Permitted Uses and Structures SECTION VI, Nature Preserve & Wildlife Sanctuary VI-1 6 . 01 Purpose 6 . 02 Function 6 . 03 Treatment Use 6 . 04 Permitted Uses and Structures 6 . 05 Regulations SECTION VII, Residential VII-1 7 . 01 Purpose 7 . 02 Maximum Dwelling Units 7 . 03 General Description 7 . 04 Permitted Uses and Structures 7 . 05 Development Standards 8 . 01 Signs as Permitted SECTION VIII, Community Shopping & Business Office Center VIII-1 8 . 01 Purpose 8 . 02 Permitted Uses & Structures 8 . 03 Minimum Yard Requirements 8 . 04 Building Separation 8 . 05 Minimum Floor Area of Principal Structures 8 . 06 Maximum Height �... W:1199M1993152Vawuol-seaionsVEcruovn.AcwoECIPUDZs2000.aoc • PAGE 8 . 07 Minimum Off-Street Parking & Off-Street Loading VIII-3 Requirements 8 . 08 Minimum Landscaping Requirements 8 . 09 Signage 8 . 10 Site Development Plans 8 . 11 Development Intensity 8 . 12 Architectural and Site Design Standards 8 . 13 Standards for Personal Self Storage Centers SECTION IX, General Development Commitments IX-1 9 . 01 Purpose 9. 02 PUD Master Development Plan 9 . 03 Clearing, Grading, Earth Work & Site Drainage 9 . 04 Utilities 9 . 05 Solid Waste Disposal 9 . 06 Recreational Facilities 9. 07 Traffic Improvements 9. 08 Streets 9. 09 Exceptions to County Subdivision Regulations 9 . 10 Polling Places 9 . 11 Environmental Stipulations 9 . 12 Water Management Stipulations 9 . 13 Fire Station 9 . 14 Archeological Resources EXHIBITS A. PUD Master Plan B. Property Description C. Roadway Sections D. Entry Monument W:1199E11990152vtlwu02-s.tlioos{DEcwoMn.M1wDEcwu0a3-2000 ax ti • SECTION I STATEMENT OF COMPLIANCE • This development of approximately 538 . 1 acres of property in Sections 21 and 22 , Township 48 South, Range 26 East, Collier County, Florida, as a Planned Unit Development to be known as OLDE CYPRESS will comply with the planning and development objectives of Collier County as set forth in the Collier County Comprehensive Plan. The residential and commercial aspects of the development, together with associated recreational facilities, will be consistent with the growth policies and land development regulations of the Comprehensive Plan, Future Land Use Element and other applicable documents for the following reasons : 1 . Project development will be compatible with and complimentary to the surrounding land uses . 2 . The Project shall comply with the applicable zoning and other regulations . 3 . The Project shall utilize ' natural systems for water management, such as existing drainage areas and environmentally sensitive areas in accordance with their natural functions and capabilities . 4 . The development areas are being well separated from the environmentally sensitive areas and the value and functions of the environmentally sensitive areas will not be unduly or adversely affected by the development . 5 . The Density Rating System of the Collier County Growth Management Plan permits up to 4 dwelling units per gross acre, for the subject property which is located in the Mixed Use Urban Residential Area. The gross density of 2 . 1 residential dwelling units per acre for OLDE CYPRESS, therefore, is consistent with the Collier County Growth Management Plan density rating system. 6 . Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element . 7 . The project will be served by a full range of services, including sewer and water by the County resulting in an efficient and economical expansion of facilities as required in Policies 3 . 1H and 3 . 1L of the Future Land Use Element . 8 . The project contains land uses and densities which make SECTION I PAGE 1 it compatible with and complementary to adjacent existing and future land uses, as required by Policy 5 .4 of the Future Land Use Element . 9 . The inclusion of personal storage facilities in the commercial component of the project may be found consistent with Policy 5 . 1 of the Future Land Element of the Collier County Growth Management Plan because this use will result in a reduction in development intensity. 10 . The inclusion of 28 . 68 acres into the OLDE CYPRESS PUD along the eastern edge of the project as part of the 1999 Notice of Change to the DRI with no increases in the number of residential dwelling units may be found consistent with the Collier County Growth Management Plan because the proposed density of 2 . 1 dwelling units per acre is consistent with the Density Rating System of the Future Land Use Element which permits up to four (4) dwelling units per acre in the Mixed Use Urban Residential Area in which the subject property is located. 11 . A 2 . 1 acre preserve area is incorporated onto the PUD Master Plan, along the eastern edge of the project , to preserve archaeological artifacts pursuant to the requirements of Section 2 . 2 . 25 . 8 . 1 of the LDC. 12 . The inclusion of 9 . 3 acres into Olde Cypress for additional area for a golf course driving range to serve the needs of project residents and increasing the area available for residential development from 152 .5 acres to 154 . 1 acres with no increase in residential density may be found to be consistent with Collier County Growth Management Plan. SECTION I PAGE 2 SECTION II PROPERTY OWNERSHIP & GENERAL DESCRIPTION 2 . 01 INTRODUCTION AND PURPOSE It is the intent of the owner to establish and develop a Planned Unit Development on approximately 538 . 1 acres of property located in Collier County, Florida, on the north side of Immokalee Road (C.R. 846) , approximately 1 .3 miles east of I-75 . It is the purpose of this document to provide the required detail and data concerning the development of the property. 2 . 02 NAME The development shall be known as OLDE CYPRESS. 2 . 03 LEGAL DESCRIPTION See attached Exhibit "B" . 2 . 04 TITLE TO PROPERTY The property is owned by the Olde Cypress Development LTD, a Florida Limited Partnership. 2 . 05 GENERAL DESCRIPTION `-� OLDE CYPRESS is a Development of Regional Impact, consisting of 538 . 1 acres, located on the north side of Immokalee Road (CR 846) , immediately east of Longshore Lakes PUD and approximately one mile west of CR 951. The project consists of a mix of residential uses, limited commercial uses, an eighteen (18) hole golf course, and substantial areas of open space and preservation areas. SECTION II PAGE 1 • SECTION III PROJECT DEVELOPMENT 3 . 01 PURPOSE The purpose of this section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project . 3 . 02 GENERAL PLAN OF DEVELOPMENT The general plan of development of OLDE CYPRESS is for a planned residential community carefully integrating a mixture of single family and multi-family dwelling units with a golf and country club, commercial, water recreational facilities, bicycle and jogging trails and preserve areas . 3 . 03 WETLANDS The applicant recognizes the importance of the wetland areas . The applicant also recognizes the importance of setting aside and not developing those areas and other areas, which are environmentally sensitive. The applicant has utilized the best engineering, environmental and planning techniques to integrate the needs of the future residents of the community and the public interest in planning its careful and limited use of environmentally sensitive areas . This plan offers ample open �-- space and other amenity areas to the residents. 3 . 04 General Land Development Regulations The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the OLDE CYPRESS 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 (LDC) and Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The Developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement . SECTION III PAGE 1 B . Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the OLDE CYPRESS PUD shall become part of the regulations which govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3 . 15, Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval , final plat approval , or building permit issuance applicable to this development. E . Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions 'of those regulations not otherwise provided for in this PUD remain in full force and effect . SECTION III PAGE 2 SECTION IV LAND USE AND REGULATION 4 . 01 PURPOSE The purpose of this section is to set forth the land use and regulations for development of the property identified on the master plan. 4 . 02 PROJECT PLAN & LAND USE TRACTS The project plan, including street layout and land use, is illustrated in Exhibit "A", "PUD Master Plan" . Included is a schedule of the intended land use types with approximate acreages and maximum dwelling units indicated. Minor variation in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions . 4 . 03 PROJECT DENSITY The total acreage of OLDE CYPRESS is approximately 538 . 1 acres . The maximum number of dwelling units to be built on the total acreage is 1100 . The number of dwelling units per gross acre is approximately 2 . 1 . The density on individual parcels of land throughout the project will vary according to the type of housing employed on each parcel of land. 4 . 04 SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property; however, it is estimated that total build-out will take approximately seventeen to twenty years . The estimate may, of course, change depending upon future economic factors . 4 . 05 RECREATIONAL FACILITIES AND SCHEDULE The following recreational facilities are scheduled to be constructed for the use of the residents of OLDE CYPRESS, although some of the facilities may be private in nature and require membership and membership fees . The schedule for development of these facilities relates to the absorption schedule of the project towards build-out . 1 . Clubhouse and Golf Course with 18 holes, tennis and related country club facilities (125 . 14 acres) ; 2 . Swimming pool; SECTION IV PAGE 1 3 . Bicycle "paths and sidewalks; 4 . Nature trails; 5 . Passive recreational uses of wetlands and transitional areas (Preservation 176 .2 acres minimum) ; where allowed by environmental permits; and 6 . Parks (3 . 9 acres minimum) . 4 . 06 NATIVE VEGETATION RETENTION Pursuant to Policy 6 . 4 .7 of the Conservation and Coastal Management Element, the native vegetation retention requirements for the project, which are twenty-five (25) percent of the gross land area, are deemed to be satisfied by the 176 . 2 acre preserve, park and wildlife sanctuary, depicted on Exhibit "A" of the general plan of development for OLDE CYPRESS. 4 . 07 COMMON AREA MAINTENANCE Common area maintenance, including maintenance of common facilities, open spaces, preservation areas, and the water management facilities shall be the responsibility of a Property Owners ' Association. TABLE I OLDE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 1, 100 Units ACREAGE RESIDENTIAL 154 . 07 Acres COMMERCIAL (165, 000 sq. ft . ) * 12 . 5 Acres GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACE 169 .4 Acres LAKE/PRESERVE AREA 2 . 1 Acres WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 176 . 2 Acres *See also Section 8 . 13 of this Ordinance . SECTION IV PAGE 2 • SECTION V GOLF COURSE 5 . 01 PURPOSE The purpose of this section is to set forth regulations for the area designated on Exhibit "A "Development Plan" , as Golf Course . 5 . 02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1 . Golf Course 2 . Golf Clubhouse and Country Club 3 . Water Management Facilities 4 . Guest Suites B. Permitted Accessory Uses and Structures 1 . Pro-shop, practice driving range, and other customary accessory uses of golf courses or other recreational facilities . 2 . Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses intended to exclusively serve patrons of the golf and country club or other permitted recreational facilities . 3 . Shuffleboard courts, swimming pools, and other types of facilities intended for recreation. 4 . Tennis and other racquet sports courts . 5 . Maintenance shops and equipment storage . 6 . Non-commercial plant nursery. SECTION V PAGE 1 C. General Requirements 1 . 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 . 2 . Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and twenty-five (25) feet from tract boundaries except commercial areas and the set back areas shall be landscaped and maintained to act as a buffer zone. 3 . Lighting facilities shall be arranged in a manner which will protect roadways and neighboring property from direct glare or other interference . a. Maximum Height Fifty (50) feet above the finished grade of the lot. b. Off-Street Parking The off-street parking will be as required by the Collier County Land Development Code. c. Off-Street Parking Landscaping Landscaping shall be provided as required by the Collier County Land Development Code . d. Storage of Toxic Substances Storage of substances identified on EPA Toxic Substance List shall be in accordance with Section IX hereof. 4 . Guest Suites a. The density of Guest Suites will be provided for out of the total number of dwelling units permitted in the OLDE CYPRESS PUD which is eleven hundred (1100) units . SECTION V PAGE 2 b. The minimum unit size shall be six hundred (600) square feet . c . The Guest Suites may be attached to or detached from the Club House and are available for only residents or their guests. d. The maximum height shall be thirty-five (35) feet if detached from the Club House, and fifty (50) feet if contained within the Club House. SECTION V PAGE 3 SECTION VI NATURE PRESERVE AND WILDLIFE SANCTUARY 6 . 01 PURPOSE The purpose of this section is to set forth the function, treatment and use of the Preservation Area designated as such on Exhibit "A" . 6 . 02 FUNCTION The primary function shall be the preservation of an attractive resource community, wildlife habitat and sanctuary, retention of water during rainy seasons and a groundwater recharge area as well as a water quality improvement facility. The area will also provide unique recreational opportunities and an aesthetic experience for the pleasure of project residents . 6 . 03 TREATMENT USE The treatment of these areas shall be the preservation and protection of flora and fauna with the exception of jogging trails, boardwalks, nature trails, and roadways upon approval by the Development Services Director. Another objective will be to prohibit vehicles and construction equipment, unless specifically approved by the Development Services Director for maintenance, limited access or other required or permitted activity. Removal of obnoxious exotics, ie . Melaleuca, Schinus, and others in accordance with environmental permits and Division 3 . 9 of the Land Development Code will be required. A maintained water management system that meets the requirement of agency permits will be established for the area. The water management system for the project will restore the historical water levels and water level fluctuations within the current adversely impacted cypress strand. Surface water runoff will be directed through grassed areas and swales into numerous lakes to provide retention and bio-physical scrubbing of pollutants . The lakes will in turn discharge into the natural cypress flow-way which will provide additional retention, filtration and uptake of materials within the water column. [See Water Management Plan submitted with this application or as may be revised and/or updated for further details . ] SECTION VI PAGE 1 The final design and location of roadways and water management berms crossing environmentally sensitive areas shall be approved by the County Engineer, Development Services Director, other appropriate County departments, and other governmental permitting agencies . 6 . 04 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1 . Limited access roads . 2 . Nature trails and pedestrian and golf cart boardwalks . 3 . Paths and bridges to provide access from the uplands through the area. 4 . Water management facilities. 5 . Other facilities for recreation, conservation and preservation when approved by the Development Services Director. 6 . 05 REGULATIONS A. General 1 . All development including clearing, grading and/or other earth work shall be in accordance with the commitments in Section IX of this document and approved by the Development Services Department . 2 . All structures or other development shall be subject to receipt of necessary permits and authorizations from applicable County, State and Federal Governmental agencies . SECTION VI PAGE 2 • SECTION VII RESIDENTIAL LAND USE DISTRICT 7 . 01 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within OLDE CYPRESS designated on Exhibit "A" , the PUD Master Plan, as "R" . 7 . 02 MAXIMUM DWELLING UNITS A maximum number of 1, 100 residential dwelling units may be constructed on lands designated "R" . 7 . 03 GENERAL DESCRIPTION Areas designated as "R" on the PUD Master Plan are designed to accommodate a full range of residential dwelling types and compatible non-residential uses, a full range of recreational facilities, essential services, and customary accessory uses . The approximate acreage of the "R" District is indicated on the PUD Master Plan. 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 Article 3, Division 3 . 3 , and Division 3 . 2 respectively, of the Collier County Land Development Code . Residential tracts are designed to accommodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas . 7 . 04 PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses & Structures : 1 . Single family detached dwellings . 2 . Single family units as individual structures or as combinations up to and including eight attached units per structure . Such unit types with marketing descriptions of single family attached, duplex, patio, cluster attached, cluster detached, villa attached or detached, townhouses and zero lot lines are permitted. 3 . Water management facilities . SECTION VII PAGE 1 4 . Parks, open spaces and other recreational outdoor facilities. 5 . Multi-Family Dwellings including Garden Apartments . 6 . Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District . B . Accessory Uses and Structures : 1 . Accessory uses and structures customarily associated with principal uses permitted in this district . 2 . Model homes and model dwelling units in conjunction with promotion of the development for a period not to exceed three years from the initial use as a model . 3 . Temporary sales facilities for the initial sales of units for a specific project as permitted by the Collier County Land Development Code in effect at the time building permits are requested. 4 . Tennis courts, handball and racquetball courts, swimming pools, shuffleboard courts and other similar facilities. 5 . Signs as permitted by the Collier County Land Development Code in effect at the time a building permit is requested. 6 . Any other accessory use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible in the "R" District . 7 . 05 DEVELOPMENT STANDARDS A. Table II sets forth the development standards for land uses within the "R" Residential District . B . 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 . C. Development standards for uses not specifically set forth in Table II shall be established during Site Development Plan Approval as set forth in Article 3 , Division 3 . 3 . of the Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use . D. In the case of residential structures with a common architectural theme, required property development regulations may SECTION VII PAGE 2 be reduced, provided a site plan is approved in accordance with Article 2, Division 2 . 6 , Section 2 . 6 .27 . 4 . 6 of the Collier County Land Development Code . Common open space requirements are deemed satisfied pursuant to the PUD. E. No attached single family homes may be located between two detached single family homes if they are a part of the same platted block. F. Single Family zero lot line dwellings are identified separately from single family detached dwelling with conventional side yard requirements to distinguish these types for the purpose of applying development standards under Table II . Zero lot line dwellings shall be defined as any type of detached or attached single family structure employing a zero or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Article 2, Division 2 .6, Subsection 2 . 6 . 27 .4 .4 .1 through Subsection 2 . 6 . 27 .4 .4 .3 . G. Principal use structures which are identified herein shall have a minimum of two parking spaces per dwelling unit . The Director may permit a 1/2 space per unit to be unpaved when circumstances indicate infrequent use. However, those unpaved spaces shall be left in natural vegetation and reserved for future paving if deemed to be necessary by the Development Services Director. H. Landscaping shall be provided as required by Section 2 .4 of the Collier County Land Development Code in effect at the time a building permit is requested. I . A landscaped buffer shall be provided along any tract boundary adjacent to the OLDE CYPRESS project boundary including those adjacent to the roadway along the east and west project boundaries. A landscaped buffer is not required along tract boundaries adjacent to internal roadways where a preservation area exists or where the golf course exists . The design of the buffer shall meet the standards of Section 2 .4 . 7 of the Collier County Land Development Code in effect at the time building permits are requested. The buffer shall incorporate existing natural vegetation. J. Differing housing types on the same tract must be compatible, unless the following standards are adhered to: 1 . The differing housing types are physically separated into discrete areas, such as separation by common amenities or water management areas; or 2 . Landscaping or berms/walls are provided meeting the standards of Division 2 .4 of the Collier County Land Development Code . SECTION VII PAGE 3 TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED . SINGLE ZERO LOT TWO SINGLE MULTI- USES AND FAMILY LINE FAMILY & FAMILY FAMILY STANDARDS K DETACHED DUPLEX ATTACHED DWELLING AND TOWNHOUSE Minimum Lot 6, 000 5, 000 3 , 500 3 , 000 S. F. 1 AC Areas S . F. S .F. S.F. (1) per du. Minimum Lot 60 45 35 30 150 Width(2) Front Yard 25"' 20"' 20") 20 25 Setback Side Yard"' 5 `4) 0 or 0 or 5 0 or . 5 BH• 0 or .5 Setback 10 BH Rear Yard 20 10 20 20 25 Setback Principal • Rear Yard 10 5 10 10 10 Accessory131 Maximum 35 35 35 35 45"' Building Height Distance N.A. N.A. N.A. 10 . 5 BH �-- Between Structures Floor Area 1200 1200 1200 1000 750 Min. (SF) PH = Bni lding Height 1 . Each half of a duplex unit requires a lot area allocation of thirty-five hundred (3 , 500) square feet for a total minimum of seven thousand (7, 000) square feet . 2 . Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3 . Accessory uses such as pool enclosures may be attached to principal uses . 4 . Where the zero (0) foot yard option is utilized, the opposite side of the structure shall have a ten (10) foot side yard. Zero (0) foot yards may be used on either side of a structure provided that the opposite ten (10) foot side yard is provided. SECTION VII PAGE 4 5 . Singly family dwellings which provide for two (2) parking spaces within an enclosed side-entry garage and provide for guest parking other than private driveways may reduce front yard requirements to ten (10) feet for the garage and twenty (20) feet for the remaining structures . 6 . Building height shall be the vertical distance from the first finished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a Mansard roof and to the mean height level between the eaves and the ridge of gable, hip and gambrel roofs . Accessory buildings shall be limited to twenty (20) feet above grade, with the exception of the entry monument depicted in Exhibit D, which may be developed in accordance with the elevations provided. 7 . Four habitable floors above parking. A maximum of seven habitable floors above parking may be approved to enhance view corridors and to permit interface with preserve areas so long as not incompatible with adjoining properties upon approval of the Development Services Director through a conceptual or Final Site Development Plan. Buildings adjacent to the project boundary property line on the west shall be limited to three habitable floors above parking, and the 28 . 68 acres located along the eastern edge of the project in Section 22 and the subject of the 1999 Notice of Change to the DRI is permitted a maximum height of three (3) stories or thirty-five (35) feet . 8 . The project entrance signage, which includes architectural enhancements, shall be permitted along the near eastern extremity of OLDE CYPRESS as depicted on Exhibit D on lands under common ownership by the developer. SECTION VII PAGE 5 • SECTION VIII COMMUNITY SHOPPING AND BUSINESS OFFICE CENTER 8 . 01 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "A" Development Plan as Community Shopping and Business Office Center ( "C" ) . 8 . 02 PERMITTED USES & STRUCTURES No building or structure, or part thereof, may be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Uses 1 . All commercial uses permitted by right in the C-3 , Commercial Intermediate District of Section 2 . 2 . 14 of the Land Development Code in effect as of the date of this PUD District is approved by the Board of County Commissioners, including a personal self- storage center groups (4225) . 2 . Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Development Services Director finds compatible within the District. B. Permitted Accessory Uses and Structures 1 . Accessory uses and structures customarily associated with the uses permitted in this District . 2 . Temporary sales/information facilities may be permitted at the Director' s discretion. 8 . 03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and tract boundaries . 8 . 04 BUILDING SEPARATION All buildings shall be separated 20 feet or one-half the sum of their heights, whichever is greater, except in the case of clustered buildings with a common architectural theme. These distances may be less, provided that a site development plan is approved by the Development Services Director. SECTION VIII PAGE 1 8 . 05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES One thousand square feet per building on the ground floor except that free-standing specialty structures of nationally recognized standard size less than one thousand square feet shall be permitted when Site Development Plan approval has been received. 8 . 06 MAXIMUM HEIGHT 50 feet above finished grade of lot . 8 . 07 MINIMUM OFF-STREET PARKING & OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code of Collier County. 8 . 08 MINIMUM LANDSCAPING REQUIREMENTS As required by Section 2 . 4 of the Land Development Code of Collier County. 8 . 09 SIGNAGE Signs as permitted by Section 2 . 5 of the Collier County Land Development Code in effect at the time a permit is requested. 8 . 10 SITE DEVELOPMENT PLANS As required by Division 3 .3 of the Land Development Code of Collier County. 8 . 11 DEVELOPMENT INTENSITY The commercial component of the project is limited to a maximum of 12 . 5 acres or one hundred and sixty-five thousand (165, 000) S . F. of floor area. (See also Section 8 . 13 of this Ordinance . ) 8 . 12 ARCHITECTURAL AND SITE DESIGN STANDARDS All development within the commercial area of OLDE CYPRESS as depicted on the PUD Master Plan shall be unified for each tract including building designs, landscaping, and signage and shall meet the requirements of Division 2 . 8 of the Land Development Code . SECTION VIII PAGE 2 8 . 13 STANDARDS FOR PERSONAL SELF STORAGE CENTERS A. For each acre or fraction thereof that is developed with personal storage facilities in lieu of retail uses, a proportional amount of retail area shall be forfeited. _ For example, if six (6) acres of personal storage facilities are developed in lieu of retail uses, seventy-nine thousand two- hundred (79, 200) S. F. of retail uses will be deducted from the maximum square footage permitted for the commercial • retail area . B . Personal self-storage facilities may operate from 7 : 00 a.m. and 8 : 00 p.m. C. Individual businesses within the personal self-storage center are prohibited. D. Open space within the self-storage center shall be thirty (30) percent minimum. E The location of the personal storage facility shall be limited to the west side of the entrance into the commercial tract and shall be located to the rear of commercial uses fronting along Immokalee Road, and south of the Preserve Area located on the OLDE CYPRESS PUD Master Plan. This location will serve to minimize any impacts on adjacent properties . SECTION VIII PAGE 3 SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9 . 01 PURPOSE The purpose of this section is to set forth the standards for development of the project. 9 . 02 PUD MASTER DEVELOPMENT PLAN A. The PUD Master Plan and the Development Plan illustrate a preliminary development plan. B. The design, criteria and lay-out illustrated in the Master Plan and Development Plan shall be understood as flexible so that the final design may comply with all applicable requirements and best utilize the existing natural resources. C. All necessary easements, dedications or other instruments shall be executed or granted to insure the continued operation and maintenance of all service utilities . D. Minor design changes which are in the spirit of this document are permitted subject to staff review and approval . Staff shall review any proposed change for compliance with this PUD document, compliance with the general intent of the Master Plan, compatibility with surrounding uses, and maintenance of the preservation areas. E. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2 . 7 . 3 . 5 of the Collier County LDC in effect at the time such amendments may be requested. F. Overall site design shall be harmonious in terms of landscaping and enclosure of structures, location of all improved facilities and location and treatment of buffer areas. G. To protect the integrity of the Planned Unit Development, the access roads may be private roads as shown on the Development Plan, which may be protected by a guard house or other limited access structure, with the exception of temporary construction roads necessary to construct and build certain facilities on the project . H. The Developer shall use the material excavated from these lakes as fill as needed on the site for road, building and general site grading. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in SECTION IX PAGE 1 Land Development Code Section 3 .5 . 7 . 3 .1 . I . The OLDE CYPRESS PUD shall be subject to Section 2 . 7. 3 .4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2 . 7 . 3 . 6, thereof Monitoring Requirements . 9 . 03 CLEARING, GRADING, EARTH WORK & SITE DRAINAGE All clearing, grading, earth work and site drainage shall be performed in accordance with all applicable state and local codes. Environmentally sensitive areas and protected plant species will be carefully marked and protected during construction using the best available management techniques so as not to harm any such areas or plants. 9 . 04 UTILITIES A. Water and Sewer 1 . Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the Developer pursuant' to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County' s minimum requirements at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service . 2 . All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3 . All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County' s established rates. SECTION IX PAGE 2 • 4 . It ' is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project . 5 . An Agreement shall be entered into between ' the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, to state that : a) Connection to the County' s off-site water and/or sewer facilities will be made by the owners, the assigns or successors at no cost to the County. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection (s) , etc. b) The following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: 1) All water and/or sewer facilities constructed in publicly owned rights-of-way or within utility easements required by the County within the project limits and those additional facilities required to make connection with the County' s off-site water and/or sewer facilities; or 2) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility easements necessary. c) All construction plans and technical specifications related to connections to the County' s off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. d) The Developer, his assigns or successors, agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of Permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. �.- SECTION IX PAGE 3 B. The project ' s Owner(s) , his assigns or successors, shall negotiate in good faith with the County for the use of treated sewage effluent within the project limits, for irrigation purposes . The Owner shall be responsible for providing all on- site piping and pumping facilities from the County' s point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be utilized OLDE CYPRESS has first rights to effluent generated by the project . C. Construction and ownership of the water and sewer facilities shall be in compliance with all Utilities Division Standards, Policies, Ordinances, etc . in effect at the time construction approval is requested. D. A detailed hydraulic design report covering the water distribution system to serve the project must be submitted with the construction documents for the project . The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. 9. 05 SOLID WASTE DISPOSAL Necessary arrangements and agreements shall be made with an approved solid waste disposal service to provide for solid waste collection service to all areas of the project . 9 . 06 RECREATIONAL FACILITIES The nature trails, bike paths, and other recreational areas and facilities and access thereto shall be maintained by a home owners ' association. In addition, any future recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the home owners ' association. Every residential unit owner of the development shall become a member of the home owners' association. 9 . 07 TRAFFIC IMPROVEMENTS a. The proposed primary road within the project shall be classified and built to County Subdivision requirements for a minor collector. b. The PUD document, Section 9 . 02-G, states that the roads may be private . The road through the commercial area may possibly be designated public, providing all design requirements and stipulations of the Engineering Department are complied with at time of design and construction. SECTION IX PAGE 4 c . The project shall be provided with three (3) access points to Immokalee Road. d. All access roads/drives shall be limited to the access points shown on the Master Plan. The proposed commercial areas shall not have direct access to Immokalee Road. All drives shall be connected to the access roads built by this project . e . All traffic control devices used, excluding street name signs, shall conform with the Manual for Uniform Traffic Control Devices (Chapter 316 . 0747, Florida Statutes) . f. If the four-laning of Immokalee Road has not been started, the Developer shall provide an eastbound left turn storage lane and a westbound deceleration lane at each project entrance before any certificates of occupancy are issued. g. The Developer shall provide a fair share contribution toward the capital cost of a traffic signal at any project entrance when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. h. The Developer shall provide arterial level street lighting at each project entrance at the time of construction. The operating and maintenance costs of these units shall be assumed by Collier County. i . The north-south local road on the western side of the project shall be platted as a public right-of-way and shall be constrained to a two-lane (sixty foot (60 ' ) right of way) configuration over the north half of the project . j . Public access will be provided through the commercial tract and to adjacent lands to the west not contained in the Olde Cypress PUD. At the time of platting cross easements will be provided to adjacent lands to the west to facilitate access between the properties . (See the PUD Master Plan. ) 9 . 08 STREETS The streets within the project may be privately owned and maintained with exception of the North-South road on the Western edge of the project, which shall be a public road. The internal streets which cross environmentally sensitive (permit required) areas will be minimized in width to reduce impacts on the environment based upon approval of the County Engineer and the Development Services Department . Typical cross-sections are SECTION IX PAGE 5 • attached as Exhibit "C" . 9. 09 SUBSTITUTIONS TO COUNTY SUBDIVISION REGULATIONS A. Land Development Code, Section 3 . 2 . 8 . 3 . 19 : Street name signs shall be approved by the County Engineer but need not meet U.S.D.O.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping, and reflective edging requirements shall be waived, except at entrances . B. Land Development Code, Sections 3 . 2 . 8 . 3 . 17, 3 . 2 . 8 . 3 . 18, and 3 . 2 . 8 .4 . 16 : Street rights-of-way and cross-section for specified private roads shall be as shown on Exhibit "C" ; provided that a sidewalk or bikepath be provided on both sides of four-lane roads and the "primary" road shall meet subdivision requirements for a minor collector. C. Land Development Code, Section 3 . 2 . 8 .4 . 16 : The 1, 000 feet maximum dead-end street length requirement is waived. D. Land Development Code, Section 3 . 2 . 8 .4 . 16 : Back of curb radii at street intersections shall be a minimum of 30 feet for local roads only. E. Land Development Code, Section 3 .2 . 8 .4 . 16 : The requirement for 100 foot tangent sections between reverse curves of streets will be waived if agreed upon by the County Engineer and the Development Services Department. F. Land Development Code, Sections 3 . 2 . 8 . 3 .24 and 3 . 2 .8 .4 . 20 : The requirement for blank utility casings shall be waived except at entrances, subject to installation of utilities prior to street construction. G. Land Development Code, Sections 3 . 2 . 8 .3 . 11, 3 .2 . 8 .4 . 10, and 3 . 2 . 8 .4 . 23 : The requirement that Permanent Reference Monuments be installed in typical water valve cover is waived. H. Right-of-Way requirements shall be determined in accordance with the general requirements of Division 3 . 2, Subdivisions; however, road right-of-way widths less than the typical requirements may be approved based on appropriate technical justification that insures that the public health, safety, and welfare will be maintained at the time of Application for Subdivision Master Plan. 9 . 10 POLLING PLACES 1• SECTION IX PAGE 6 Polling places shall be provided in accordance with the Collier County Land Development Code, as may be amended in the future . 9. 11 ENVIRONMENTAL STIPULATIONS A. Petitioner shall be subject to the County' s Groundwater Protection Ordinance. B. Prior to commencement of construction, the perimeter of the protected wetlands and buffer zones shall be staked and roped to prevent encroachment into the preserve areas identified in the South Florida Water Management District Permit, subject to the approval of the South Florida Water Management District (SFWMD) and Collier County Development Services staff . The staking and roping shall remain in place until all adjacent construction activities are complete. C. Wetland preservation/mitigation areas, upland buffer zones, and/or upland preservation areas shall be dedicated as conservation and common areas in conservation easements, as well as on the plat, with protective covenants per or similar to Section 704 . 06 of the Florida Statutes, provided that said covenants shall not conflict with South Florida Water Management District Permit No. 11-01232S. D. Development shall be pursuant to the existing South Florida Water Management District Permit No. 11-01232S, and U.S . Army Corps of Engineers Permit No. 1989909601PMN. Any amendments to these Permits shall be subject to review and approval by Current Planning Environmental Staff. E. Buffer zones adjacent to the preserve areas shall be pursuant to South Florida Water Management District Permit No. 11- 01232S. F. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval . Such plan shall be consistent with the requirements of Division 3 . 9 of the Collier County Land Development Code (CCLDC) and South Florida Water Management District Permit No. 11-01232S. G. Replacement and mitigation plantings shall be randomly spaced and/or clumped at the densities quoted in the OLDE CYPRESS Onsite Wetland Mitigation and Monitoring Plan (SFWMD Phase I Construction) , to emulate a more natural environment. SECTION IX PAGE 7 9 . 12 WATER MANAGEMENT STIPULATIONS A. Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall. be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Environmental Advisory Council and County Engineer. B . Construction of all water management facilities shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. C. An Excavation Permit will be required for the proposed lakes in accordance with the Collier County Land Development Code. D. Storage of hazardous materials in above-ground and underground tanks shall conform to the minimum requirements provided by state law. For the purpose of this stipulation, hazardous materials are defined as those materials addressed in the EPA' s Toxic and Controlled Substance list . A Spill Prevention Control and Countermeasure Plan for all above-ground storage and underground tanks shall be approved by the Water Management Director and Development Services Director, considering recommendations from the Environmental Science and Pollution Control Department Director. E. Construction activities on this project shall be coordinated with construction contracts to implement improvements to the Cocohatchee Canal (CR 846 Borrow Canal) by the Developer in accordance with the recommendations of the 1981 Gee and Jenson Hydrologic Report No. 2420, prepared for the Big Cypress Basin Board. Said canal improvements shall be limited to the canal reach along Section 21, Township 48 South, Range 26 East and two (2) designated farm crossings in Section 20 unless previously completed by other parties . When required by the County, the Developer agrees to contribute his fair share on a pro-rata tributary area/run-off volume basis to implement the canal improvements to serve the remainder of the Cocohatchee Canal watershed. 9 . 13 ARCHEOLOGICAL RESOURCES The Developer shall be subject to Section 2 . 2 . 25. 8 . 1 of the LDC pertaining to archeological resources in addition to the following requirements : SECTION IX PAGE 8 a. the ±2 .1 acre lake/mortuary preserve and along the eastern edge of the development will be protected by a 25-foot protective buffer. b. the buffer area will be maintained in a natural state; should tree removal, tree or shrub planting or other disturbance occur as part of maintenance or landscape of the buffer, a professional archaeologist be present to monitor these activities. c. a professional archaeologist will monitor installation of any pipes, drains, or other equipment necessary to construct and/or maintain the three lake system. d. no excavation will be permitted within the ±2 . 1 acre lake/mortuary. e . preservation of the lake/mortuary and buffer will be in perpetuity. f . inadvertent discoveries of human remains or mortuary artifacts made during routine maintenance or site development activities will be handled as required in Section 2 .2 .25 . 8 . 1 of the Collier County Land Development Code. 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I 1 'X.:V.%.:•:••••••:•:/.........%...,,,,,....,!,•,•••••:.:7.7.7.7.,.. ••••••:.:.1 V.••••_•!•!•-•-:-',..: :'-'••........./0-----.'. 1 .•!!!!!::....•.:•:7.- ---.7.....-.••" 3N•7 --------/ .01FINEMINIMIMMEL Preserving and enhancing Florida's quality of life since 1966 Hm. HIM PROJECT#1997076 HOLE,MONTES&ASSOCIATES,INC. REF. DWGS. #A-1026 8 #A-1091 ENGINEERS PLANNERS SURVEYORS 4/14/99 PROPERTY DESCRIPTION SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100 FEET THEREOF, BEING A COLLIER COUNTY CANAL RIGHT-OF-WAY, ALSO EXCEPTING THE FOLLOWING DESCRIBED PARCELS LOCATED IN SAID SECTION 21, E1/2-SW1/4-NW1/4, W1/2-SE1/4-NW1/4, W1/2-SE1/4-SE1/4, W1/2-W1/2-SW1/4-SE1/4, SE1/4-SW1/4, E1/2-W1/2-SW1/4-SW1/4, El/2-SW1/4-SW1/4. AND THE SW 1/4 OF THE NW 1/4 OF THE SW 1/4 OF SECTION 22,TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE NW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF. AND THE SW 1/4 OF THE SW 1/4 OF THE SW 1/4 OF SECTION 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, SUBJECT TO AN EASEMENT FOR PUBLIC ROAD RIGHT-OF-WAY OVER AND ACROSS THE WEST 30 FEET THEREOF AND EXCEPTING THE SOUTH 100 FEET THEREOF -PREVIOUSLY DEDICATED FOR CANAL RIGHT-OF-WAY. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. .THIS PROPERTY CONTAINS 528.84 ACRES, MORE OR LESS. HOLE, MONTES &ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB#1772 BY ( -4(.0-, c--- P.L.S. # 3741 THOMAS J. GARRIS STATE OF FLORIDA 10550 ABERNATHY STREET BONITA SPRINGS.FLORIDA 24125 941-992-079S FAX 941_992-2321 Preserving and enhancing Florida's quality of life since 1966 lam HOLE,MONIES&ASSOCIATES,INC. HMA PROJECT# 1998060 ENGINEERS PLANNERS SURVEYORS REF. DWG. A-1170 11/17/99 LEGAL DESCRIPTION: THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100.00 FEET. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS 9.32 ACRES, MORE OR LESS. HOLE, MONTES & ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB#1772 BY [�`v��e4i 9 -. Z / P.S.M. # 5628 THOMASM. MURPHY t STATE OF FLORIDA 10550 ABERNATHY STREET BONITA SPRINGS,FLORIDA 34135 941-992-0795 FAX 941-992-2327 Preserving and enhancing Florida's quality of life since 1966 • HOLE,MONTES&ASSOCIATES,INC. HMA PROJECT# 1998060 ENGINEERS PLANNERS SURVEYORS REF. DWG. A-1170 11/17/99 LEGAL DESCRIPTION: • THE EAST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, LESS THE SOUTH 100.00 FEET. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS OR RESTRICTIONS OF RECORD. THIS PROPERTY CONTAINS 9.32 ACRES, MORE OR LESS. HOLE, MONTES &ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 BY 47711cze...., cl� / P.S.M. # 5628 THOMAS M. MURPHY / STATE OF FLORIDA 10550 ABERNATHY STREET BONITA SPRINGS.FLORIDA 34125 941-992-0795 FAX 941-992-2327 50'• R.O.W. 5' EASEMENT 1 1/2" ASPHALTIC 10' (SIDEWAL( AND EASEMENT CONCRETE REQUIRED ON LOCAL STREETS) T 2' 2' - -- 0.02 FT/FT SLOPE 4' MIN. WAL.)--------(7"."--ij WHERE REQUIRED 2' LEY CUTTER OR CURB es. UNFROCK VA BASE (PRIMED) 'R.O.W. MAY BE DECREASED 1MTH 12" STABILIZED SUB GRADE (LBR 40) APPROPRIATE JUSTIFICATION AND ADEQUATE PROVISIONS FOR UTIUTIES. CIE: VEI 50'* R.O.W. SECTION 1 SHALLDE-SAC BE 40'(MI ENT RAC N.T.S. 2- CUL-DE-SAC R/W RADIUS SHALL BE 50' (MIN). 60' R.O.W. 1 1/2' ASPHALTIC '10' CONCRETE SLOPE -- --2' 2' — I V — 0.02 FT/FT -- 12- 4' MIN. WAU( 2' VALLEY GUTTER OR CURB 8- UMEROCK BASE (PRIMED) 12- STABILIZED SUB GRADE (LBR 40) N 60' R.O.W. SECTION W E N.T.S. Tr rn 1- 1D0' R.O.W. (o rn 24'nt 12' MIN 24' M IAN I 00 12.- 0.02 FT/FT 6' MIN. WAU(L SLOPE CURB iff 2' VALLEY CUTTER OR CURB O 1 1/2' ASPHALTIC 8" UMEROCK BASE (PRIMED) CO N CONCRETE 12" STABIUZED SUB GRADE (LBR 40) 03 / 0 100' R.O.W. SECTION N.T.S. 0 N EXHIBIT to CHECKED BY: PRQ.EC 14114tikOLE(lW MONTES & ASSOCIATES THE WOODLANDS G.H.H. 18 cn • ENEERS-PLANNERS-SURVEYORS DRAWN BY: REF. Ft ROADWAY SECTIONS - JRF 1e2 IBIT 715 10th Street S., Naples, FL 33939 - Phone : (941) 262-4617 DATE : Eu118 8/96 E) Por-rom Door W.Aw.r OMLA OQ.ovo-• ; . n-r CrOK 0` .Z; I' • 'I Y Ta.o.n.nc i` -. - --,i U Ill I] .rr.an m/.-3 a. »_c _f Y 0 . i / .M,m SRIGD .1T1 , - .re(M.) •s00� fie,- ►.,LAi`I Ors 'q, 4eala llab ��er��A � _j ..la IMO ICE.00r .4400100110m6.. � __ NIIU Li ii ' O' .1 i - 1 .''‘ . '' II II till {I o n n a 0 iaK D - .� , - 0 i I -- a.��.e J �. $ 'r� 4Z4C a i ` NO- .� . �— ... <>( 1. '—•-• ...._ h i T 1 7 c ' OLDE:r / 0 Loc. ,CYPRESS.__ va sw v i tr o 0 m n EAST SIDE ELEVATION ) pf 1•_la 03 CT U 0 0 O w 0 0 0 0 CO 0 rn C u E C C 0 2 r c 0 cm HOLE, MONTES & ASSOCIATES, k>c. EXHIBIT D CHECKED PR 96 j 'DRAWN BY: REF. FILE ID Ill ENGINEERS-PLANNERS-SURVEYORS O L D E CYPRESS o RP 966C 7 715 10th Street S. Naples, FL 34102 — Phone : (941) 262-4$17 ENTRY MONUMENT DATE :0,99 ow)BIT cn O O rn •- ! rw co4 . II $ o d b '� - I c .- p3 Z � r 5 0 w k I ° .IF,T JaZ a f.Y • O j a to _ .., : . 1 tl"tl . ; ,�I. a0 4, °' i i yy (O E LM c, . 1 31 6 ' 3� ice'=: 1 J-7), _ . L r:�,,•IIi1 A•'' 1�11111111 .1111111.31''- ' Nil 1 ,e1i -3- cr) z q4. = Cr m •- t - 1-- CL z m 0 2 . IIIIIIII; .:111 � Xw } �. re JS-.r i1 -.1 i.1' rF 3a.r ii is . W II I _ 0 Z Al I-F� I _ I W 1. w I 1111-71 I I b -. 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O .vI, < cc CV < cc .. 1 \' � - I <,j L ii ;l , r I fit a C"'1 a r_.� ��11f t�ill�1l W M i .4000 I �, .. ---- I • iceE g Z 111 .! ---- a V $ ?' f _— -- s; i E ii_'11IVI s ..�.: IfYYe L '' 1123 a a� ��nii 1Z -1`) i . a a a A k_k le-- - L o o a g ° d. d° L 5 L § A - STATE OF FLORIDA) COUNTY OF COLLIER) I , DWIGHT E . BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of : ORDINANCE NO. 2000-37 r- o ,0 o Which was adopted by the Board of County Commissi r onm the 23rd day of May, 2000 , during Regular Session. (/) wo r rn rn WITNESS my hand and the official seal of the BoarEcof uD .r- County Commissioners of Collier County, Florida, this 2§ig day of May, 2000 . DWIGHT E . BROCK Clerk of Courts and 'Clerk Ex-officio to Board of County Commissioners By: Ellie Hoffman, Deputy Clerk Exhibit " I " e{ V L , .ems i •, "` O rNi t 1114-. .-... - j • to OD 443 etilliti ... • , I nal I . 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Exhibit " J " • ( \ f020�� fa JYED , ORDINANCE NO. 96- 69 `9' OWt ,L';' r -T- o d Bard • dog AN ORDINANCE AMENDING ORDINANCE NUMBER • - �21. ;/ 91-53, AUDUBON COUNTRY CLUB PLANNED UNIT - DEVELOPMENT, BY PROVIDING FOR SECTION ONE, AMENDMENTS TO SUBSECTION 4.04.03, 1 • MINIMUM SETBACKS TO TRACT BOUNDARIES; AND T BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on June 25, 1991, the Board of County Commissioners approved Ordinance Number 91-53, which re-established the Audubon Country Club Planned Unit Development; and WHEREAS, C. Dean Smith of Q. Grady Minor i Associates, representing Audubon Joint Venture, petitioned the Board of County Commissioners to a1end Ordinance Number 91-53, as set forth below; NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners of Collier County, Florida: SECTION 9NE: AMENDMENT TO SUB-SECTION 4.04.03 MINIMUM SETBACKS TO TRACT BOUNDARIES 4111 Subsection 4.04.03, Minimum Setbacks to Tract Boundaries, of the Audubon Country Club Planned Unit Development, (Ordinance 91-53) , is hereby amended to read as follows: • 4.04.03 MINIMUM SETBACKS TO TRACT BOUNDARIES: "Development Tract" means one of the Tracts on which Residential Development is permitted in accord with the Master Plan in Exhibit A. "Lot" means a portion of a Development Tract which has been subdivided as such under a recorded subdivision plat. To Principal Uses along any Road Right-of-Way: 25 feet To Detached Principal Uses from adjacent Lots, Side Yards in Lots or Development Tracts: 5 feet The Attached Principal Uses from adjacent Side Yards in Lots: 0 feet To Attached Principal Uses from • adjacent Development Tract Side ? Yards: 5 feet To Principal Uses from Open Space or Recreational Areas: 10 feet 1110 Word are deleted; words underlined are added. -1- 1 4110 To Accessory Uses, from Development Tract or Lot Boundaries Typical: 5 feet To Fencing, Screening and Privacy Wall not exceeding 6' high from Development Tracts or Lot Boundaries: None To Screened Enclosures attached to • Privacy Wall from Lot Boundaries, provided adjacent use maintains minimum 5 foot Side Yard for following described lots: Lots 9 thru 31, Block G Lots 1 thru 27, Block H Lots 1 thru 9, Block A all of the Audubon Country Club, Unit II, as recorded in Plat Book 21, Pages 21-26, of the Public Records of Collier County, Florida. 0 feat To Detached Principal Uses from adjacent principal Uses for the following described lots: tots 1 thru 22. Tract B. Audubon country Club. as recordeII in Plat Dock 16. Paces 51-52 of the Public Records of Collier County. Florida and Lots 1 thru 22. Tract E. Audubon r country club. as recorded in Plat Book 19. Paces 34-35 of _the Public Records of Collier County. Florida: 7 feet Qn afly undeveloped lots the minimum 1111 sidevard shall be: 4 feet From Preserve Tracts outside of the lot or Development Tract to Principal Use: 20 feet SECTION TWO: EFFECTIVE DATE • 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 /..2- day of �.,.,�.4 .- 1996. ATTEST: BOARD OF COUNTY COMMISSIONERS • DWZGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA f BY: HN C. ORRIS, CHAIRMAN 'VED"AS'TO FORM AND •LEGIL'"SUTFICIENCY: rdrnZrc,, fr'"! wf?h th.. o., _retcr' rf Stcrc'. Gff,co the ire Jvof w" J1 - Gi r.",r .••_�r�•a•.� ',.molt of thct MARJ RIB M. STUDENT r, roc•,vuf rhn /)�r�Y ASSISTANT COUNTY ATTORNEY c+ -• • PUD-91-53 ORDINANCE/16363 Word are deleted; words underlined are added. -2- a r • 4111 STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: • ORDINANCE NO. 96-69 Which was adopted by the Board of County Commissioners on the 12th day of November, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 13th day of November, 1996. DWIGHT E. BROCX Clerk of Courts and Clerk Ex-officio to Boardyof County Commissioners •, • By: Maureen enyon '.. • . • Deputy Clerk • • ` .. ' J • Exhibit " K " 1.._ Its ORDINANCE 91— 51 $ I i } + 0 •'' AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL i ! • ZONING ATLAS MAPS NUMBERED 8505N, 3505S, ; 8507N, 8508N AND 8509N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS• AUDUBON COUNTRY CLUB PUD, FOR PROPERTY p LOCATED ON THE WEST SIDE OF U.S. 41, `. 0 EXTENDING WESTWARD ACROSS VANDERBILT 1 ' BEACH DRIVE TO LITTLE HICKORY BAY, IN SECTIONS 5, 7, 8, AND 9, TOWNSHIP 48 y� ' . , SOUTH, RANGE 25 EAST, COLLIER COUNTY, _ -cam,- FLORIDA, CONSISTING OF 754.75 ACRES; BY 5' `— ,.. REPEALING ORDINANCE NO. 87-77 WHICH r^.'a r�1 IfORIGINALLY ESTABLISHED THE AUDUBON �•: ., I, , •COUNTRY CLUB PUD; AND BY PROVIDING AN -,`,, _c 'p• EFFECTIVE DATE. c, n) -7 l.f•t Cr' WHEREAS, Robert H. Flinn of Audubon Joint Venture, . • p . . petitioned the Board of County Commissioners to change the A , zoning classification of the herein described real property; e ; NOW THEREFORE BE IT ORDAINED .BY THE BOARD OF COUNTY i ' • COMMISSIONERS OF COLLIER COUNTY, FLORIDA; I : ! • 1111 SECTION ONE: I • The ZoningClassification of the herein described scribed real : ' , 1 1 property located in Sections 5, 7, 8, and 9, Township 48 „ South, Range 25 East, Collier County, Florida, is changed 8. from "PUD" to "PUD" Planned Unit Development in accordance I' with the PUD document, attached hereto as Exhibit "A" which ; . , is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps Numbered 8505N, 8505S, 8507N, 8508N and 6509N, as described in Ordinance Number 82-2, is r hereby amended accordingly. f -'I SECTION TWO: ;,. Ordinance Number 87-77, known as the Audubon Country t. '' Club PUD, adopted on October 6, 1987 by the Board of County Commissioners of Collier County is hereby repealed in its 'q , t !a entirety. Elf 044 a 202 ^,p667II s r, JUL 0 1 J —1— ¼!) S t , . • ty SECTION THREE: 1 This Ordinance shall become effective upon receipt of / 4 notice from the Secretary of State that this Ordinance has . , been filed with the Secretary of State. t PASSED AND DULY ADOPTED by the Board of County • C Commissioners of Collier County, Florida, this day of , 1991. M ATTEST H Jl , BOARD OF COUNTY COMMISSIONERS JAMES C. GxLES, Clerk COLLIER COUNTY, FLORIDA ° .... (X.,C6, O., O3i� 1 • I BY: Id PATRICIA ANNE GOODNIGHT, CHAIRMAN ' Apfrovedkaefjto form and ' legal suftIciency ! t. . t 7 a 7n �UI.k. , Marjarie M. Student N ,t Assistant County Attorney r . p ! PUD-87-12(1) ORDINANCE '; nb/5448 Thy oydiryoyxe filed wi h t4ye • . .0. Secretary of te' Office the 'r4dayo /'t' and ackncw'rc• ^nt that • fili recci•.:. • •h'- /5'7 day . of g?2 . 1 i f. Awry Cwa' 3 . t r C I 1 t , r • i' ICI 044,v,WIt 9y• f r ` 1 ' , r —2— 1 •. • tt i 1 • C r r. •.6 '11 it A 0 6 . , 1 i 6 • • • PLANNED UNIT DEVELOPMENT DOCUMENT FOR AUDUBON COUNTRY CLUB rp, A 4 , A PLANNED RESIDENTIAL COMMUNITY A Q 1 11111 •. ti . f .r Ordinance No: 91-53 Effective Date: June 25, 1991 Amendment Filed: CCPC Approval Date: June 6, 1991 BCC Approval Date: June 25, 1991 Ordinance No: 91-53 '. ,• i • a 044 r,.r 204 6 f• r, • 4 )• , • • • • Iv CURRENT n' AUDUBON COUNTRY CLUB PLANNING TEAM • a ; . o Consulting Engineer, Land Surveyors And Planners y • HOLE MANTES & ASSOCIATES, INC. 715 Tenth Street South, Naples, Florida 33940 , • Ecologist 1 KEVIN ERWIN 9 Kevin Erwin Consulting Ecologists, Inc. 2077 Bayside Parkway, Fort Myers, Florida 33901 • j 1 • • R • 'e !a 044 c.v.,. 205• 1 ya •, C • ^ 6•• 1l .• r} E a 416* ' t' i ° s � C , { 4f , * r ,• elf`' ,`, ' y= ( +• INDEX A 1 rn PAGE A e LIST OF EXHIBITS ii , A STATEMENT OF BACKGROUND PURPOSE iii si STATEMENT OF COMPLIANCE & SHORT TITLE iv t, l SECTION I: PROPERTY OWNERSHIP & GENERAL DESCRIPTION 1-1 SECTION II : PROJECT DEVELOPMENT 2-1 ) IIISECTION III: SINGLE—FAMILY RESIDENTIAL (R-1) 3-1 SECTION IV: VILLAS (R-2) 4-1 SECTION V: MULTI—FAMILY RESIDENTIAL (R-3) 5-1 • SECTION VI: COMMERCIAL RETAIL CENTER (CR) 6-1 3 SECTION VII: GOLF COURSE & COUNTRY CLUB (GC) 7-1 ' L SECTION VIII: OPEI3 SPACE/CONSERVATION (OS/C) 8-1 + SECTION IX: GENERAL DEVELOPMENT COMMITMENTS 9-1 , • I 12 0 44 f s,206 a , d , , r J C, . - ,,, : ., , s .. , i y , • `.. a t p 1) �-i h• 1 I t I 41' 1 t ‘,A • S .:I: V �•, r i • LIST OF EXHIBITS t4 r v I 0 EXHIBIT A MASTER DEVELOPMENT PLAN EXHIBIT B Legal Description i ' t EXHIBIT C Typical Street Right of Way and Road Cross Section i l 4 f 01 ! tit 9 6 4 .1 . 1 t I r A 1 J.V r i`'.' ' M i. f , ® C44 r&rr-207 A '• t f• I . • r •. ef ti a ‘ ii a r Mimi. i if , • tf . r it� 4.4 Yr,,.i. STATEMENT OF BACKGROUND PURPOSE .} r P g r e The Property was zoned PUD under Ordinance 87-77 and a ' substantial portion of the development has been completed pursuant to such ordinance. The infrastructure for the portion , of the property lying between U.S. 41 and Vanderbilt Drive has ` > been substantially completed and such property has been subdivided under the plats for (i) Audubon Country Club, Unit s One, Plat Book 15, Page 30 of the Public Records of Collier County, Florida and ( ii) Replat of Audubon Country Club Unit One ' �' as recorded in Plat Book 15, Pages 30-35 which replat is itself recorded in Plat Book 17, Page 67, of the Public Records of , ' Collier County, Florida. The golf course and part of the water 1 • management system have been completed on the part of the Property ' west of Vanderbilt Drive. The primary purpose of this Amended 4111 and Restated PUD is to (i) recognize that a portion of the property which was subject to Ordinance 87-77 (located in the northwest corner of the property subject thereto) has been t i excluded from it and (ii) make certain amendments in the i ,0 development standards and stipulations to permit needed • flexibility to accommodate completion of the development. U ' i' Although substantial portions of the development have been completed and although the developer has fulfilled many of its + development commitments in Ordinance 87-77, nevertheless, this document continues to set forth the applicable development 4 • , requirements from Ordinance 87-77 to preserve a record of those , s requirements. It should, however, be understood that although phrased herein as requirements to be completed in the future many such requirements have now been completed. 1. c • I • + El9 ', r r , 1 fit: iii n P A V , r ,, q 8 ' iti , A C, • STATEMENT OF COMPLIANCE ' The development of approximately 754.75 acres of property in 1 • Sections 5, 7, 8, and 9, Township 48 South, Range 25 East, ' Collier County, Florida, as a Planned Unit Development to be known as Audubon Country Club, will be in compliance with the � 1 planning goals and objectives of Collier County as set forth in • ► the Comprehensive Plan. The residential and commercial rti development and associated recreational facilities (multi-use) of Audubon Country Club will be consistent with the growth policies, I 6•' land development regulations and applicable Comprehensive Plan documents for the following reasons: 1) The subject property is consistent with the Growth ! T Management Plan. f f 2) The project development is compatible with and complementary Ii to the surrounding land uses. e ; 3) Improvements are planned to be in substantial compliance with applicable regulations. • t 4) The Master Development Plan insures a generous amount of common open space and flexibility in design which will • insure a quality living environment for the residents. ; . % , 5) The project development will result in an efficient and economical extension of community facilities and services. 9 6) The project development is planned to incorporate natural systems and existing man-made systems for water management t ' in accordance with their natural functions and capabilities. • , • 7) Arterial roadways are in existence adjacent to the property and the number of egress and ingress points are controlled. , • 0) The development areas will be separated from the r environmentally sensitive areas (including the xeric scrub . areas) and the environmentally sensitive acres are being ► protected and/or preserved. ' , • : 9) The project is surrounded by developed areas or approved . development projects and therefore does not exemplify leap , • frog growth. n , 10) The project as previously zoned under Ordinance 87-77 has been substantially developed and has been found to be 'improved property' within the Zoning Re-Evaluation • 1, Ordinance 90-23 as required by policy 5. 1 of FLUE (Future ' l'q ''• Land Use Element) of the Growth Management Plan. : i• d f• SHORT TITLE ► , This ordinance shall be known and cited as 'Audubon Country Club PUD Ordinance. ' I '1' ® 044 ray,[2C.9 , iv $ ' ,' f. f ¢!•t 14 ,. 1 III ' t • S y r. dr 4A • t. Q'! SECTION I ! • i . PROPERTY OWNERSHIP fi GENERAL DESCRIPTION I , 0 . 1.01 INTRODUCTION AND PURPOSE • i. ) It is the intent of the Owner (hereinafter called 1 ' 'Developer') to establish and develop a Planned Unit '. , Development (PUD) on approximately 754.75 acres of property ',' located in Collier County, Florida. It is generally rI bordered on the west by Little Hickory Bay and on the east ' e, , by U.S. Highway 41. The northern boundary of the property is Bonita Shores Subdivision and Lee County. The southern . . edge of the property is bounded by Bay Forest and The 4 Retreat Developments. It is the purpose of this document 4 ; ,, to provide the required standards and to set forth guidelines for the future development of the property. i 0 r 1.02 NAME - The PUD development shall be known as Audubon I . Country Club. . • II • . .,:... 1.03 LEGAL DESCRIPTION ) s„. , 'r' See Attached Exhibit 'B' ` 1 1.04 TITLE TO PROPERTY . j . 4 , Except for platted lots or tracts heretofore conveyed, the t subject properties are currently under ownership and the unified control of Audubon Joint Venture, a Florida 3 partnership composed of Audubon of Naples Corporation, a Florida corporation, and F and B Associates, a New York } , • limited partnership. . ; 4 1.05 CURRENT ZONING The property is currently zoned PUD (Audubon Country , Club) , Ordinance 87-77. , oi I3 044 rA,c 210 ' 4 1 1 t t 1 a 1 1-1 i i E '! f _ ' 1S �� I 1 K , • Il i� SECTION II is PROJECT DEVELOPMENT ,tt+� 2 .01 PURPOSE The purpose of this Section is to generally describe the r' ` plan of development and delineate the general conditions }�,`: that will apply to the project. 2 .02 GENERAL PLAN OF DEVELOPMENT Audubon Country Club is a planned community, which includes a mixture of residential and commercial uses, golf course, open space/parks and conservation areas . 2 .03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is planned to be in compliance with the applicable Collier County zoning and subdivision regulations as well as other Collier County development codes in effect at the time permits or plats are requested, except as provided herein. 2 .04 LAND USE 2 .04 .01 The MASTER DEVELOPMENT PLAN (Exhibit A) shows the proposed ... i` land uses of development for each parcel . Some variations in acreages shall be permitted at final design to accommodate vegetation, encroachments, utilities , topography, protected animal species, site and market " conditions. In addition, variations of up to five percent (5%) of the developable area shall be permitted to accommodate changes required by environmental permitting agencies or county staff at site plan approval . 2 .05 SITE DEVELOPMENT PLPN APPROVAL When site development plan approval is required by this document, applicant shall comply with Section 10 . 5 of the Zoning Ordinance or successor regulations dealing with site development plan approval .Ea /� 2 . 06 DEVELOPMENT OF PARCELS e4 1 ,�r' 2�� A) Site Development Plan approval, when required, shall ' follow the procedure as outlined in Section 10 . 5 of • the zoning ordinance. \ _ �'�' 2-1 , , . . , . 2 ., . r ty S M. "A LAND USE SCHEDULE :a '. APPROXIMATE MAXIMUM NO. OF LAND USE TYPE ACREAGE DWELLING UNITS RESIDENTIAL sp R-1 (Single-Family) 108 .7 408* R-2 (Villas ) 43 .6 R-3 (Multi-Family) 27 . 9 300 COMMERCIAL CR Retail 12 .4 124,000 sq. ft. r ' of floor area • K, All acreages are approximate and may vary significantly to accommodate site conditions, environmental permits, topography ,. and existing native vegetation. *There will be a total of 408 dwelling units allowed between the R-1 and R-2 use types or districts . There is no specific number of units allocated to either such use. • . ^ ,J ,f •k r! F, N ,, ,, .,, ;....,,, , .4., t,:.,.e:.. 1, �' ® 044FAGS212 ax,I; r !�4,ems' 2 .07 PROJECT DENSITY The total acreage of Audubon Country Club's property is • approximately 754 . 75 acres. The maximum number of dwelling units to be built on the total .acreage is 708 . The development of. 708 dwelling units would result in a gross density of less than one unit per acre ( . 94 dwelling units per acre) . The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. 2 .08 PERMITTED VARIATIONS OF DWELLING UNITS Flexibility is to be allowed as- to the number of units on any parcel within a district, provided that any specified maximum number of residential units for that district is not exceeded and the development standards contained in this PUD are not exceeded. Further, the Development Services Director may allow up to a fifteen percent ( 15%) variance in any residential district, so long as the total does not exceed 708 . • • 2 .09 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities, and other purposes as may be needed. Said easements and improvements shall be done in substantial • compliance with the Collier County Subdivision Regulations . All necessary easements, dedications , or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2 . 10 PERMITTED USES, GENERAL Developer 's landscaping nursery, essential serv?.ces, model homes, sales centers, signs, temporary development/ construction offices and other similar and compatible uses as may be approved by the Development Services Director, along with their accessory uses, shall be considered as • permitted principal uses on all tracts and land use classifications within the project. 2 . 11 SIGNS 1121 C'44PA,r213 2 . 11 .01 GENERAL (a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. 2-3 •� rr • ri r Vf 0 (b) For the purpose of this PUD Document/ Ordinance, each tract or any portion thereof approved by the Development Services Director as a .separate project shall be considered as a separate parcel of land and shall be entitled to any sign as permitted herein. (c) All signs shall be located so as not to cause sight distance problems . 2 . 11 .02 ENTRANCE SIGNS (a) Two (2 ) entrance signs shall be permitted at each entrance shown on the Master Development Plan. • (b) Entrance signs shall not exceed a height of twelve ( 12 ) feet above the finished ground level of the sign site nor may the aggregate area of the signs face exceed one hundred ( 100) square feet at each major entrance. (c) Entrance signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or into adjacent residences . 2 . 11 . 03 PROJECT SIGNS • (a) Four project signs, designed to promote Audubon Country Club, or any major use within the project shall be permitted, two on the • west side of U.S . Highway 41, and one each on the east and west sides of Vanderbilt Beach Drive subject to the following conditions : ( i ) Project signs shall not exceed a height of twenty ( 20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred ( 100) square feet. ( ii) Project signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or into adjacent residences . LI C44FA7,214 4 2-4 r' 'J , r 2 . 11 .04 Buffers and External Fences • (a) The east-west cul-de-sac road which borders and parallels the Bonita Shores Subdivision on the northern boundary of the project, west of Vanderbilt Beach Drive, shall be set back • a minimum of 45 feet from the property line as a buffer area, which shall be subject to the requirements of 8 . 37 b. , c. and d. of the Zoning Ordinance . This buffer area may have the existing vegetation enhanced in order to visually screen the project and the area, and may also be utilized for sub-surface utilities, provided agreement for such use is reached between the Developer and County and • an easement granted . A 6 foot green chain link fence may be constructed within the buffer area adjacent to the Bonita Shores Subdivision within and along the northern edge of the area cleared for installation of a county-owned water line. The fence shall be located and constructed so as to not require further cutting, clearing or removal of existing vegetation. • (b) The cul-de-sac road right-of-way which • parallels and borders the southern boundary of the project between U.S. 41 and Vanderbilt Beach Drive shall be set back a minimum of 25 feet from the property boundary. The 25 foot set back area shall be maintained as a buffer. (c) Unless otherwise specified herein, buffers may consist of natural vegetation, natural . vegetation enhanced by landscaping, berms, walls, fences, or any combination of the above. (d) A wall or fence up to 8 feet in height may be constructed along the adjacent property line of Tract Y and those platted properties to the south but not in Tract Y, but generally adjacent to the east west cul-de-sac road. ® G44FA,E215 F • 2-5 • SECTION III SINGLE-FAMILY RESIDENTIAL (R-1 ) 3 .01 PURPOSE The purpose of this Section is to set forth the regulations for the areas and district designated as Single-Family • Residential (R-1) . 3 .02 MAXIMUM DWELLING UNITS • A total of 408 dwelling units less the number of units constructed in the Villa [R-2 ] tract according to section IV may be constructed in the R-1 district except as provided in Section 2 .08 . 3 .03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures 1 ) Single Family detached type dwelling structures . • 2) Public and private parks, playgrounds, playfields and commonly owned open space. • B) Permitted Principal Uses and Structures Requiring Specific Site Approval According to Section 2 . 05 1) Single Family attached and detached type dwelling • structures (villas , townhouses, patio homes , zero lot-line units , and other similar single family attached or semi-attached dwellings) , pursuant to development regulations in Section IV. 2) Recreational structures, community buildings, . utility structures . 3) Development, management, construction and sales offices . • Yl ' C) Permitted Accessory Uses and Structures 1) Customary accessory uses and structures, including but not limited to private garages and private swimming pools, and essential services and related structures . ® C44FP216 3-1 4.4 • • �� M P 40 • o t; . 2 ) Model homes shall be permitted in conjunction with rt .. the promotion of the development as provided in the Zoning Ordinance. 3. 04 PROPERTY DEVELOPMENT REGULATIONS FOR. PERMITTED USES 3. 04 . 01 GENERAL: All yards, set-backs, etc . , shall be applied in relation to the individual lot boundaries . 3.04 . 02 MINIMUM LOT AREA AND DIMENSIONS: Area: 10,000 Square Feet Frontage: 95 Feet Interior Lots 105 Feet Corner Lots 80 Feet Cul-de-sac and odd shaped lots (measured at the front yard setback line) . • 3 . 04 . 03 MINIMUM SETBACKS FROM SUBDIVIDED LOT BOUNDARIES: Front: 25 Feet Side: 7 .5 Feet One Story 10 Feet Two Story Rear: 25 Feet To Principal Structure 10 Feet to Screen Enclosures 3 .04 . 04 MAXIMUM BUILDING HEIGHT: Principal Structures : 2 Living stories plus roof structure over parking Accessory Structures : 20 Feet 3. 04 .05 MINIMUM FLOOR AREA: 1, 500 sq. ft. 3 . 05 PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES REQUIRING PLAN APPROVAL (Section 3 . 03BL 3 .05 . 01 GENERAL: All yards, setbacks, etc. shall be applied in relation to development parcel boundaries or lot boundaries as indicated. 3.05 . 02 MINIMUM DEVELOPMENT PARCEL AREA & DIMENSIONS As determined during subdivision master plan review if applicable. ® 044 FAGS 217 3-2 '‘..6 ,: 3 .05.03 MINIMUM LOT AREA AND DIMENSIONS Area: 1,500 Square Feet Minimum Parcel Dimension along any primary side: 50 Feet f'. 3 .05. 04 MINIMUM SETBACKS w : "Development Tract" means one of the Tracts on which Residential Development is permitted in accord with the Master Plan in Exhibit A. "Lot" means a portion of a .Development Tract which has been subdivided as such under a recorded subdivision plat. To Principal Uses from adjoining rights of way: 25 feet To Principal Uses from Lot or Development Tract Boundaries: 10 feet To Principal Uses from Open Space or Recreational Areas : 10 feet To Accessory Uses, typical from Lot or Development Tract Boundaries : 5 feet To Fencing, Screening and Privacy Wall not exceeding 6 feet in height from Lot or Development Tract Boundaries: None From Preserve Tracts outside of the Lot or Development Tract Boundaries : To Principal Uses : 20 feet To Screen Enclosures : 10 feet 3 .05 .05 MAXIMUM BUILDING HEIGHT: Principal Structures : 2 Living Stories Plus Roof Structure Over Parking Accessory Structure: 20 Feet 3 . 05 . 06 MINIMUM FLOOR AREA: 1, 500 Square Feet 3 . 05 . 07 The foregoing standards with the exception of setbacks to preserve areas and standards pertaining to height and minimum floor area may be waived for permitted uses set forth in section 3 . 03, Permitted Uses and Structures , by the Development Services Director in any Development Tract where a site development plan is approved for an entire Development Tract which shows the C44FA,E218 3-3 • .. i'A l'''iK,.?t h r • position and relationships of all proposedstructures .":' 3.06 OFF-STREET PARKING Those principal use structures which are identified in Section 3 . 03A shall contain a minimum of two ( 2 ) parking spaces per dwelling unit. The Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. :O. ,.' r4. yrr, ;t qVJ .r%' S1 X .J.ff .rr f10 Sb. a t• 3-4 c . II ,' p'ti 1 ;.4, f SECTION IV -�' • VILLAS (R-2) ;, 4 .01 PURPOSE '�''' The purpose of this Section is to set forth the regulations for the areas and district designated as Villas . • 1 " 4 .02 MAXIMUM DWELLING UNITS ' ,..'Y . A total of 408 dwelling units less the number of units ;: :'.' constructed in single family (R-1) tracts according to ': section III may be constructed- in the R-2 district except as permitted by Section 2 .06. • 4 . 03 PERMITTED USES AND STRUCTURES A) Permitted Principal Uses and Structures 1) Single Family attached and detached type dwelling units (villas, townhouses , patio homes, zero lot-line units ) and other similar single family attached or semi-attached dwellings . 2) All permitted principal uses and structures allowed by Section 3 . 03A of this document. B) Permitted Principal Uses and Structures Requiring Specific Site Plan Approval According to Section 2 . 05 Any permitted structure exceeding the maximum building height allowed by Section 4 . 04 . 04 of this document, but not exceeding three (3) habitable/living stories above parking. C) Permitted Accessory Uses and Structures 1) All permitted accessory uses and structures allowed by Section 3. 03C of this document . 2 ) Private boat docks with or without boat hoists on water front lots not protruding more than five feet into the water. 4 . 04 PROPERTY DEVELOPMENT REGULATIONS 4 . 04 .01 GENERAL All yards, set-backs, etc . , shall be applied in • relation to the individual Tract boundaries . ® 0.44 FA 220 4-1 sue.. 1 • r< 4 . 04 . 02 MINIMUM PARCEL AREA AND DIMENSIONS • As determined during subdivision master plan • • review if applicable . 'y. MINIMUM LOT SIZE AREA AND DIMENSIONS Area: 1,500 square feet Minimum Tract Dimension along any primary side: 50 feet 4 . 04 .03 MINIMUM SETBACKS TO TRACT BOUNDARIES: "Development Tract" means one of the Tracts on which Residential Development is permitted in accord with the Master Plan in Exhibit A. "Lot" means a portion of a Development Tract which has been subdivided as such under a recorded subdivision plat. • To Principal Uses along any Road Right-of-way: 25 feet To Detached Principal Uses from adjacent Lots, Side Yards in Lots or Development Tracts : 5 feet To Attached Principal Uses from adjacent Side Yards in Lots: 0 feet To Attached Principal Uses from adjacent Development Tract Side Yards : 5 feet To Principal Uses from Open Space or Recreational Areas : 10 feet i To Accessory Uses, from Development . Tract or Lot Boundaries Typical: 5 feet To Fencing, Screening and Privacy Wall not exceeding 6 ' high from • Development Tracts or Lot Boundaries : None . From Preserve Tracts outside of the lot or Development Tract to Principal Use: 20 feet ® 044FAv.221 ` .. 4-2 i, v' a at V ; '1A. Oiri - . ! . • 4 rP7 i,-:• 4 . 04 . 04 MAXIMUM BUILDING HEIGHT:...� PRINCIPAL STRUCTURE: ( 2 ) habitable/living stories !r. • above parking unless other- tti`-' • wise approved under. Section 1-1 4 .03B. ACCESSORY STRUCTURE: 25 feet • 4 . 04 . 05 MINIMUM FLOOR AREA: 750 square feet per unit • 4 .05 The foregoing standards with the exception of setbacks to preserve areas and standards pertaining to height and minimum floor area may be waived for permitted uses set forth in section 4 . 03, Permitted Uses and Structures, by the • Development Services Director in any Development Tract where a site development plan is approved for an entire Development Tract which shows the position and relationships • of all proposed structures . 4 .06 SEPARATION BETWEEN R-1 AND R-2 USES Where both R-1 and R-2 uses are proposed to be developed within any single Development Tract as shown on the Master Plan in Exhibit A such uses shall be separated by a buffer, right of way, water management area, conservation/open space area, golf course, other recreation facility or some other appropriate method of separation approved by the Development Services Director. 4 . 07 OFF-STREET PARKING Those principal use structures which are identified in Section 4 . 03A shall contain a minimum of two (2) parking spaces per dwelling unit. The Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use . However, those , ', unpaved spaces shall be grassed and reserved for future paving. F•.v r;. • ® 044Fasr?_22 lw a tl- SECTION V I �. . MULTI-FAMILY RESIDENTIAL (R-3 ) Wk e.: ' ' 5 .01 PURPOSE 4- The purpose of this Section is to set forth the regulations e for the areas and district designated as Multi-Family Residential (R-3) on the Master Development Plan. 5 .02 MAXIMUM DWELLING UNITS A maximum number of 300 dwelling units may be constructed in the R-3 Multi-Family Residential parcels, except as permitted by Section 2 .08 . 5 .03 PERMITTED USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures 1) Multi-family dwellings, which is defined as any single structure containing two ( 2 ) or more • separate dwelling units . 2 ) All permitted principal uses and structures allowed by Section 4 . 03 of this document. 3) All permitted principal uses and structures • allowed by Section 3 . 03A of this document. B) Permitted Principal Uses and Structures Requiring Specific Site Plan Approval According to Section 2 . 05 1 ) Any permitted structure exceeding the maximum building height allowed by Section 5 .04 . 04 of this document but not exceeding 20 habitable/living stories above parking. 2 ) All permitted principal uses and structures allowed by Section 3 . 03 of this document. 3 ) Churches and other places of worship including convents and monasteries . 4 ) Rest Homes, homes for the aged, life care and • limited care facilities, and like, subject to the property development regulations of 5 . 05. 0 C44 PA,E 223 5-1 • _ � +wsl t !. fi:.::;:::- 4. Q. C) Permitted AccessoryUses and... Structures All permitted accessory uses and structures allowed by ty.;=l . .. Section 3 . 03C of this document . 5 . 04 PROPERTY DEVELOPMENT REGULATIONS 5. 04 . 01 GENERAL: All yards, set-backs, etc . , shall be applied in relation to the individual parcel boundaries . 5 .04 .02 A) MINIMUM PARCEL AREA AND DIMENSIONS "` Area: 1 acre Frontage: 150 feet B) MINIMUM LOT SIZE: None 5.04 . 03 MINIMUM SETBACKS TO PARCEL BOUNDARIES One-half of principal building height with a • minimum of: Front : 30 feet Side: 15 feet Rear: 30 feet 5 . 04 . 04 MAXIMUM BUILDING HEIGHT Six ( 6 ) habitable/living stories above parking unless otherwise approved under Section 5. 03(B) MINIMUM FLOOR AREA: 750 square feet per unit 5 .05 PROPERTY DEVELOPMENT REGULATION FOR USES UNDER 5 . 03 B) 3) and 4 ) ONLY: 5.05 . 01 MINIMUM AREA AND DIMENSIONS Area : 2 acres Frontage: 150 feet 5.05 . 02 SET BACKS TO PARCEL BOUNDARIES • One half of principal building height with the same minimums as 5 . 04 . 03 . 5. 05 . 03 HEIGHT: As specified by Section 5 . 04 . 04 . 129 044 FA'S 224 5-2 A 1�Z -^..e'S J{, 4,' ' 5 .06 OFF-STREET PARKING Those principal use structures which are identified in Section 5 . 03A shall contain a minimum of two (2 ) parking spaces per dwelling unit. The Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. tt t'',Et. • i7. x» .7r , yI:l' 044FAst225 r- ;z. .'i ',i ; SECTION VI COMMERCIAL RETAIL CENTER (CR) 6 .01 PURPOSE ' The purpose of this Section is to set forth the regulations ' for the area designated on Exhibit "A" , Master Development Plan, as the Commercial Retail Center (CR) . 6 .02 PERMITTED USES AND STRUCTURES • No building or structure or part thereof, shall be erected, altered, or used, or land or- water used, in whole or in part, for other than the following: L A) Permitted Uses : a 1 . Antique shops :`" 2 . Appliance stores 3 . Art studios 4 . Art supply shops 5 . Automobile parts stores . 6 . Automobile service stations 7 . Bakery shops • 8 . Banks and financial institutions 9 . Barber and Beauty shops 10 . Bath supply stores 11 . Bicycle sales and services 12 . Book stores 13 . Carpet sales - not including storage or installation 14 . Child care center subject to site plan approval 15. Clothing stores 16 . Cocktail lounges 17 . Commercial recreation uses 18 . Commercial schools • 19 . Confectionery and candy stores 20 . Delicatessens 21 . Department stores 22 . Drapery shops 23 . Drug stores 24 . Dry cleaning shops 25 . Dry goods stores 26 . Florist shops . 27 . Furniture stores 28 . Garden supply stores - outside display in rear 29 . Gift shops 30 . Glass and mirror sales - not including • installation , • 31 . Gourmet shop A 32 . Hardware stores • 33 . Health food stores and health facilities Q44 FAGS 226 J r 0hi . , 1 (' i \. C� tY . :HST.' . • ` 34 . Hobby supply stores ^' 35 . Ice cream stores • 36 . Interior decorating showrooms and office 37 . Jewelry stores & 38 . Laundries V.ik, 39 . Liquor stores 40 . Locksmith 41 . Medical clinics and offices °'` : 42 . Millinery shops 'y 43 . Music stores 44 . News stores 45 . Office supply stores 46 . Paint and wallpaper stores 47 . Pet shops and supplies • 48 . Photographic equipment stores 49 . Post office 50 . Printing, publishing and mimeograph service 51 . Private clubs , fraternal and social 52 . Radio and television sales and service 53 . Restaurants 54 . Shoe sales and repairs 55 . Shopping centers • 56 . Souvenir stores 57 . Stationary stores 58 . Supermarkets and meat markets (not to exceed 25,000 square feet) _. 59 . Tailor shops 60 . Tile sales - ceramic tile 61 . Tobacco shops 62 . Toy shops • 63 . Tropical fish stores 64 . Variety stores 65 . Veterinary offices & clinics (no outside Kenneling) 66 . Watch and precision instrument repair shops 67 . Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. 68 . Water management facilities , parks , essential services, and preservation areas . B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated 1 with the uses permitted in this district. 6 .03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all • roadways and 50 feet from boundaries with residential parcels . ® 044 FA„c 227 . 6-2 • • . There shall be no required setback from boundaries from open space conservation areas . A landscape buffer area of at least ten ( 10 ) feet shall be maintained between parking >.. areas and any roadways or residential parcels and shall comply with Section 8. 37 of the Zoning Ordinance . 6 .04 BUILDING SEPARATION All buildings shall be separated twenty (20) feet or one-half ( 1/2) the sum of their heights whichever is greater except that in the case of clustered buildings with a common architectural theme these distances may be less, provided that a site plan is approved by the Director. 6 .05 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURES One thousand ( 1 ,000) square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than one thousand ( 1 ,000) square feet shall be permitted when site plan approval has been received. 6 .06 MAXIMUM HEIGHT • Thirty five ( 35) feet above finished grade of lot. 6 .07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING „• REQUIREMENTS As required by the Zoning Ordinance of Collier County. 6 .08 MINIMUM LANDSCAPING REQUIREMENTS As required by the Zoning Ordinance of Collier County. 6.09 SIGNAGE: A. Wall and Marquee Signs • One wall or marquee sign per business with an area not exceeding fifteen percent ( 15% ) of the total square footage of the front wall to which it is to be affixed, with a maximum of one hundred ( 100 ) square feet. B. On-Premises Signs One on-premise sign not to exceed fifty ( 50) square feet for free standing businesses with one hundred fifty ( 150 ) feet or more of footage not to exceed twenty (20 ) feet in height. 044F17 228 ) 6-3 ',.. ,,µ.' ;, ` C. Directory or Entrance Sign it ,' A maximum of 250 square feet . ' 6 . 10 DEVELOPMENT r ' • ' . 4. Prior to development of any commercial tract, a site 4^a .. development plan shall be approved in accordance with Section 10.5 of the Zoning Ordinance: a A written request for site plan approval shall .be submitted to the Development Services Director for approval or denial . The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the intent and purpose of this document. Such material shall include the following, where applicable: A) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off street parking and off street loading areas , yards and other open spaces . B) Plans showing proposed locations for utilities hook-up. C) Plans for screening and buffering. D) Plans for proposed signs and lighting. • E) In the case of clustered buildings and/or zero lot line with common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved under this section. 6 . 11 SPECIAL PROPERTY DEVELOPMENT REGULATIONS A) Landscaping, buffer areas and supplementary district . zoning regulations that may be applicable to certain uses above shall be adhered to unless in conflict with any of the intent or the provisions specified herein. B) Merchandise storage and display. Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. C) Automobile Service Stations shall comply with the standards of Section 9 . 8 of the Zoning Ordinance. 6 . 12 MINIMUM LANDSCAPE REQUIREMENTS The project shall comply with the Collier County landscape ordinance in effect at the time a permit is requested or required. 111 O44 Flo. 229 6-4 - . .• 6 . 13 SQUARE FOOTAGE • Commercial development shall not exceed one hundred twenty-four thousand ( 124 ,000) square feet of floor area. +4 +.• - :4! . • . • V?' • • • ( N4Aq. 200 6-5 :F' • SECTION VII GOLF COURSE & COUNTRY CLUB (GC) A 7 .01 PURPOSE { " The purpose of this Section is to set forth the regulations for the areas designated as Golf Course. 7 .02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures Golf Course 1• • B) Permitted Accessory Uses and Structures ' ' 1 ) Clubhouses , pro-shop, practice driving range and other customary accessory uses of golf courses, or other recreational facilities . 2 ) Small commercial establishments, including gift shops, golf equipment sales , restaurants , cocktail • lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities . • 3) Multiple tennis courts, shuffleboard courts, swimming pools, and other types of facilities intended for outdoor recreation common to a country club. 4 ) Roads, pathways , accessory uses and structures customarily associated with the permitted use, including but not limited to utility structures, water management facilities , maintenance shops and equipment storage facilities, non-commercial plant nursery, etc . 5 ) Polling places in accordance with Section 9 . 11 of the Zoning Ordinance. C) Plan Approval Requirements A site plan of the golf clubhouse area shall be submitted in accordance with Section 2 . 05 of this document . The perimeter boundaries of such plans shall be recorded in the same manner as a subdivision plat. U44)E&c 231 • ti II • i • 1 ' D • 4l"1JJ1 1. rM " ' '��:; & 7 .03 PROPERTY DEVELOPMENT REGULATIONS 94 7 . 03 . 01 General Requ.trements : • A) 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 . B) Buildings shall be set back a minimum of fifty ( 50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. 7 .03. 02 Maximum Height of Structures Three ( 3 ) stories over parking. 7 . 03. 03 Parking The off-street parking shall be as required by the Zoning Ordinance of Collier County at the time building permits are requested. otier i1 " ti. it 9,: , l `- 111 044 r4q 232 f,- 7-2 R i7 . 1,,! . SECTION VIII . t*9 OPEN SPACE/CONSERVATION ';. 8 .01 PURPOSE L/YE. '' The purpose of this Section is to set forth the regulations for the areas designated as Open Space/Conservation as well as areas not otherwise covered. 8 .02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or- water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures 1) Parks and playground. * 2) Biking, hiking, canoeing and nature trails . * 3) Equestrian paths . 4 ) Nature preserves and wildlife sanctuaries . .a 5 ) Recreational shelters and restroom facilities . * ',:: 6) Elevated boardwalk through wetlands areas to Bay as shown on Master Development Plan. * 7 ) Water Management structures . 8) Pathways , accessory uses and structures customarily associated with the permitted use, including but not limited to utility structures , lakes, water management facilities, etc. * 9 ) Wildlife Management . . 10) Other recreational and open space uses which are compatible and approved pursuant to 9 .02(c) . *These uses in wetlands areas xeric scrub oak. habitat require advance approval by the Collier County Development Services Department and possible permits from other governmental agencies . CI 044 FAG.233 t, 8-1 iliMPIMMIIIIIIINIMOMOMMOMenniumminummusionenummum 9 c4 it .T- 1 .,t , . , *2-:':. B) Permitted Accessory Uses and Structures >f=• • 1) Accessory uses and structures customarily associated with principal uses permitted in this District . 2) Maintenance and storage areas and structures . C) Site Plan Approval Requirement Site plans for proposed uses which are deemed compatible with above uses by Administrator and not permitted as principal use s, shall be submitted to the Director in accordance with Section 2 . 05 . • 8.03 PROPERTY DEVELOPMENT CRITERIA 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 . 8 .04 MAINTENANCE • The Developer shall establish a Property Owners Association for the Project which will be responsible for the maintenance and conservation of the Open Space/Conservation • areas, recreational facilities , private streets, sidewalks, parks and other common facilities . 41''' +zti. J A.4 lef 044 Far,,234 8-2 • ' 7. v �?.;' a . s,triVi:::::, SECTION IX GENERAL DEVELOPMENT COMMITMENTS 4. i 9 .01 PURPOSE : The purpose of this Section is to set forth the standards .� for development of the project. A. The design and layout illustrated by the Master Development Plan shall be understood as general in nature and flexible so that final design may comply with applicable requirements and best utilize the natural resources . B. Minor design changes may be permitted subject to staff review and approval, and design changes necessitated by environmental permits shall be permitted subject to staff review and approval . C. To protect the integrity of the Planned Unit Development, the major access roads may be private � •:• roads and access may_ be limited thereon with the • exception of emergency and official vehicles . 9 .02 DEVELOPMENT COMMITMENTS A) Energy ... 1) Construction shall comply with applicable local ' :t. and state energy codes . 2 ) Reasonable "good faith" efforts to utilize • • state-of the-art energy conservation techniques shall be made where practically and economically feasible. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare) . B) Transportation 1) The internal roadway system of the proposed project including any needed signals and other intersection improvements shall be constructed by the developer. IS e44Fa 235 ' 9-1 • ' 2 ) There will be an eight ( 8 ' ) foot leisure path throughout the development as shown on the Master Development Plan. Together with the golf cart 'k they paths, will serve all residential and common areas . 3) Developer shall provide 50 feet of right-of-way along the north boundary of the property between Vanderbilt Beach Drive and U.S. Highway 41 for future roadway purposes . 4 ) The Developer shall provide up to 25 feet of additional right-of-way along all frontages on Vanderbilt Drive (CR-901) , the exact amount to be determined when right-of-way permits are issued, for turn lane, bike path and drainage uses upon the four laning of that road. 5 ) Gate houses shall be located and designed so as not to cause vehicles to be backed up onto any public roadway. 6 ) The Developer shall provide left and right turn lanes and arterial level street lighting at all accesses on Vanderbilt Drive and Tamiami Trail . 7 ) The Developer shall provide a fair share contribution toward the capital cost of any traffic signals deemed warranted by the County Engineer at accesses on Vanderbilt Drive or Tamiami Trail . The signals will be owned, operated and maintained by Collier County. 8) All traffic control devices used, excluding street name and other internal traffic control signs, shall conform with the Manual on Uniform Traffic Control Devices (Chapter 316 . 0747, Florida Statutes ) . 9 ) These improvements are considered "site related" as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. 10 ) A minimum 15 ' landscaped buffer shall be provided between all internal streets that are adjacent and parallel to an existing or proposed external road. ' I 11 ) The golf maintenance facility is shown next to Vanderbilt Drive, just north of the proposed underpass . No median opening shall be permitted when Vanderbilt Drive is widened to 4 lanes . ® 044Fa,r. 236 9-2 e C ..lam •••'; 12 ) The proposed underpass under Vanderbilt Drive, shall be constructed to accommodate future 4 laning of Vanderbilt Drive and shall be so located and designed to avoid any site distance problems with existing access drives located north of this project and the proposed access to the maintenance facility. 13) The main access to Audubon shall be located as shown on Exhibit "A" and appears to be located approximately across from the entrance to the Cypress Head PUD. C) Water Management (. 1) Detailed paving, grading, site drainage and W utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services . 2 ) An Excavation Permit will be required for the proposed lake(s ) in accordance with Collier County Ordinance No. 88-26 and South Florida Water Management District (SFWMD) rules . 3) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations . 4 ) A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval . 5 ) The lakes and wetland locations shall meet the minimum 200 ft. separation criteria of the South Florida Water Management District rules unless the South Florida Water Management District approves any separation less than 200 feet and written confirmation to that effect is provided to Project Review Services . D) Utilities Requirements 1 ) Water distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of County and the State of Florida. Water and sewer facilities constructed within platted rights-of- way or within utility easements required by the 121 9014FACE237 1 1', �`': County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance . All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors . Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County' s utility construction requirements in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. (a) All construction plans and technical specifications and proposed plats, if applicable, ' for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. ( b) All customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County' s established rates . Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County' s off-site water and/or sewer facilities are available to serve the project . (c) It is anticipated that the County Utilities Division will ultimately supply potable ! water to meet the consumptive demand and/or receive and treat the sewage generated by this project . Should the County system not be in a position to supply potable water to the project , and/or receive the project ' s wastewater at the time development commences, the Developer, at his rV:` 238 9-4 , , i)f . . . expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies . (d) An Agreement shall be entered into between the County and Developer, binding on the Developer, his assigns or successors , legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: ( 1) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility( ies) may not be expanded to provide water and/or sewer services outside the development boundary approved by the • County without the written consent of the County. ( 2 ) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards . All work related with this activity shall be performed at no cost to the County. ( 3 ) Connection to the County' s off-site water and/or sewer facilities will be made by the owners , their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, interconnection 9 C44 Fla 239 with County off-site facilities , water and/or sewer lines necessary to make the connection(s ) , etc. ( 4 ) At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: (a) All water and/or sewer facilities constructed in publicly owned rights-of-ways or .within utility easements required by the County within the project limits required to make connection with the County' s off-site water and/or sewer facilities; or, (b) All water and sewer facilities required to connect the project to the County's off-site water and/or sewer _ • facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: ( i) Main sewage lift station and force main interconnection with the County sewer facilities including all utility easement necessary; ( ii) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. ( 5) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, his assigns , or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers . The Developer shall also provide the 9-1111 C44 FAY-240 ►•; 1` �`' 1,'1 I v. Q •tti i , .Aip+b" � 47;;,gin?•'' County with a detailed inventory of the facilities J4 served within the project and the entity which will be responsible for the water and/or sewer ,��• service billing for the project. (6 ) All construction plans and technical specifications related to connections to the County' s off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. ( 7) The Developer, his assigns or successors agree to pay all system development charges at the time that Building Permits are • required, pursuant to appropriate County Ordinances and Regulations in effect at the time of permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. (8) The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10 .00 per year, when such system is connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of F the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities . The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. (e) Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof . ® 044 Fay.241 • 9-7 1 ( f) If an interim on-site water supply, treatment and transmission facility is utilized to serve the ro osed project, it must be properly sized to supply P P P j P P Y average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area . (g) Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards , Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. (h) Detailed hydraulic design reports covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. (i) When the County has the ability to provide sewage treatment and disposal services , the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be established by the County, with the Developer assuming all costs for the connection work to be performed. 2) The project's Developer(s) , his assigns or successors shall construct and utilize an on-site secondary distribution system for the use of treated sewage effluent within the project limits, for irrigation purposes for areas including but not limited to the golf course, clubhouse, common areas, rights-of-way, and sales center. The owner would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and will provide full wet weather on-site storage facilities as required by the Department of Environmental Regulation consistent with the volume of treated waste water to be utilized. Treated effluent will be supplied to the project pursuant to the County 's established rate schedule. The secondary distribution system shall be constructed pursuant to the findings of a detailed hydraulic design report . The report must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. ® 044 PA;. 242 9-8 t, • 3) Prior to approval of construction documents by the "-- Utilities Division, the Developer must present verification, if required, pursuant to Chapter A 367, Florida Statutes , that the Florida Public Service Commission has granted territorial rights to the Developer to provide interim sewer and/or water service to the project until the County can provide these services through its water and sewer facilities . 4 ) The existing water mains adjacent to this project will have to be reinforced, consistent with the County' s Water Master Plan to insure that the water system can —hydraulically provide a sufficient quantity of water to meet the • anticipated demands of the project. Additionally, the Utilities Division will not be in a position to approve Certificates of Occupancy for the project until the County's water transmission facilities to serve North Naples have been completed and placed into service and the system reinforcement and on-site water distribution facilities previously stipulated have been completed and placed into service. 5) Any package plant needs DER approval . Any establishment requiring a CCPHLLU permit must submit plans for review and approval . 6 ) The Developer must meet the required water flow, which is a minimum of 750 GPM with a residual pressure of 20 PSI at the remotest point of discharge, assuming acceptable pressure and supply at the main. E) Exceptions to County Subdivision Regulations 1 ) Article X, Section 3: Buffer areas and screening shall be governed by this document as stated in Section 9 .02(F) (21 ) and 9 . 02 (F) ( 22) . The xeric oak buffer contemplated by Section 9 . 02(F) ( 16 ) of this document may be part of the yard setback. Upland buffers may be located within yards and easements . 2) Article X, Section 19 : Street name signs shall be approved by the County Engineer but need not meet U.S.D. O .T.F.H.W.A. Manual on Uniform Traffic Control Devices . Street pavement painting, striping and reflective edging requirements shall be waived. ® C44 EPIE243 9-9 • ;l. �. ' 9 • 3) Article XI, Section 17 . F & G: Street right-of-way and cross-sections for the roads shall be as shown ,• , on Exhibit NC" . * i';0" •. 4 ) Article XI , Section 17 .H: The 1, 000 feet maximum r;. dead-end street length requirement shall be waived if emergency access is provided as shown in Exhibit "E" . * 5 ) Article XI , Section 17 . I : Back of curb radii at • street intersections shall be a min.tmum of 30 feet internally, minimum 40 feet externally. * 6 ) Article XI , Section 17 .K: The requirement for 100 feet tangent sections between reverse curves of streets will be waived on all roads . Speed limit • control will be used to control traffic . * 7 ) Article XI , Section 21 : The requirement for blank utility casings shall be subject to installation of utilities prior to construction of pavement and base. 8) Article XI , Section 10 : The requirement for reference markers to be placed in water valve covers is waived, provided all monuments are installed in accordance with State statutes and approval by the County Engineer. 9) Article X, Section 16 : The requirements for side- walks shall be waived. An 8 ' wide leisure path will be used on one side of the main roadway as shown in Exhibit "E" . * *All streets must remain privately owned to qualify for these exceptions . F) Environmental Stipulations 1 ) Developer shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting) , requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Development Services Department and the Community Development Division for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal . �0044 FA,-244 Yi1Y e. 2 ) Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Development Services Department and the Community Development Division for their review and approval . This plan will depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities . 3 ) All exotic plants, as -defined in the County Code, shall be removed during each phase of construction ' from development areas, open space areas , and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion of the site by such exotic • species . This plan, which will describe control techniques and inspection intervals , shall be filed with and approved by the Development Services Department and the Community Development Division. 4 ) If during the course of site clearing, excavation, or other constructional activities, an • archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Development Services Department notified. Development will be suspended for a sufficient length of time to enable the Development Services Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Development Services Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities . 5 ) An archaeological survey of the parcel must be conducted by qualified personnel subject to the approval of the Development Services Department. Results of that survey must be submitted to the Development Services Department for review and, if warranted, additional actions taken as outlined within Stipulation 4 ) above. 044F? 245 9-11 • i , 1 r+ ` 4 6 ) All xeric scrub oak and wetland areas designated as "conservation open space" ( "C/O" ) shall be habitat preserves . Any proposed alterations • and/or uses within habitat preserves shall be subject to the review and approval of the Development Services Department. Habitat Preserve includes the C/O easement which is within the commercial ( "C/R" ) tract. All C/O areas as designated on the Master Plans must be flagged by the Developer prior to any construction in the abutting area and habitat preserve boundaries will be subject to the review and approval of the Development Services Department. 7 ) To increase lake productivity and habitat values, lake side slopes will be 4 : 1 out to a depth of three ( 3) feet from mean low water levels . Developer should investigate vegetating littoral shelf areas with various native plant species (upon request, the Development Services Department can provide pertinent information concerning plant species ) . 8) Developer shall design and implement a program to prevent and/or reduce populations of noxious/ exotic plant populations within lakes, specifically, but not limited to, preventing growth of hydrilla (Hydrilla verticillata) , water hyacinth (Eichhornia crassipes) , and ( to a lesser degree) cattails (Typha latifolia) ; this program will be subject to the review and approval of the Development Services Department. 9) A survey for the presence and distribution of protected species must be conducted by qualified personnel subject to approval by the Development Services Department. For species identified in the Florida Game and Fresh Water Fish Commission July 1987 edition of "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida, " the survey must include: bald eagle (Haliaeetus leucocephalus) , red cockaded woodpecker (Picoides borealis) , gopher tortoise • (Gopherus polyphemus ) , gopher frog (Rana areolata) and eastern indigo snake ( Drymarchon corais couperi ) . Results of the survey must be made P available to the Development Services Department, and, if warranted, project designs should be adjusted and/or individuals/ populations relocated to appropriate locations to insure the survival of the protected species . Where appropriate, retention or relocation efforts will include the butterfly orchid (Encyclis tampensis) . Lastly, 9 C44 FAr.' 246 r, . a ' '4'1; • It • the Developer shall satisfy all state (Florida Game and Fresh Water Fish Commission) and federal (United States Fish and Wildlife Service) permit conditions concerning protected species. 10 ) If any redesign of Phase II , which is that portion • of the property located west of Vanderbilt Drive, is required in order to meet the Florida Game and Fresh Water Fish Commission' s (FGFWFC) Bald Eagle • Management Plan, Developer shall propose such ' changes as may be warranted to the Master Development Plan. Boundaries for residential Development Tracts and the location of internal roads may be modified and/or relocated. Such changes may be approved by the Planning Services • Director (with advice and approval from the Project Review Services Environmental staff ) without further approval by the Planning Commission or Board of County Commissioners provided that: (i) the boundaries to the open space/conservation tracts are not substantially altered, ( ii) the original development commitments are met which includes no less upland area than was originally preserved pursuant to the plan attached as Exhibit A to Ordinance No. 87-77 , and ( iii) external entrances are not modified. • 11) Final alignment and configurations of water management structures ( lakes , swales, etc. ) shall be subject to minor field adjustments to minimize habitat destruction. Prior to construction, areas subject to alteration must be flagged by the petitioner, the alignment/configurations to he ' subject to the review and approval of the Development Services Department. 12) Two wildlife corridors must be provided across (east to west) the project parcel located west of • Vanderbilt Beach Drive. One corridor must connect the central xeric live oak habitat with the western, fringing wetlands . The 75 feet northern • drainage easement will serve as the second wildlife corridor. Except for land clearing necessary for minor canal modifications to insure proper water flow, reasonable golf course. passage for hole #12, and human safety, all existing native vegetation (trees and understory) will remain intact along the width of the easement; additional width for the buffer is preferable and strongly encouraged. Proposals for clearing of any native vegetation will be subject to the review and approval of the Development Services Department . Ill C44 <<r•f- 247 9-13 t, , ' t,r . .i . o 1. 13) The Developer and the Development Services ` Department will cooperate on the final layout of the golf course, resulting in a tree removal program acceptable to both parties . Prior to construction, golf holes will be field staked by the Developer and subject to the review and approval by the Development Services Department. Developer should make reasonable field adjustments of the course to minimize habitat destruction and should follow xeriscape principles to reduce environmental impacts . Particular attention is to be paid to hole #14 and #15 by the Developer to minimize impacts on the scrub oak habitat to the extent practical and ' consistent with good golf course design. 14 ) As shown on the Master Plan, encroachment into selected freshwater wetlands will be allowed to facilitate the retention of additional acreage of xeric live oak habitat. The Development Services Department will support efforts to secure necessary permits from other state and federal agencies, i.e. , permits which would allow encroachment into the wetlands . If permits cannot be procured from the necessary regulatory agencies within a reasonable time to construct the project as outlined in the Master Plan , the Developer and the Development Services Department shall cooperate to finalize all proposed development to minimize environmental impacts, especially in the xeric live oak habitats . 15) All housing development abutting the golf course where there is no intervening upland conservation tract or lake, will provide lot buffer zones to protect and maintain the quality of existing native vegetation between golf hole boundaries and the housing unit. Lot buffers must be a minimum of 20 feet and larger buffers should be encouraged via deed restrictions . 16 ) Residents within xeric live oak habitats should take special means to preserve existing plant and animal communities (exclusive of venomous animals or toxic plants) . On single family lots within the xeric live oak habitats, the architectural review committee established by the developer will require incorporation of reasonable amounts of existing native vegetation into the site landscaping plan. Deed restrictions shall promote retention of existing plant and animal communities, recommending the practice of xeriscape landscaping. II C44 FA,,,. 248 9- , � Afr Y ' ,. 17 ) Where applicable due to development, components of plant communities will be transplanted within preserve areas and/or as landscape elements within the project. Examples of plant species appropriate for transplant would include sabal palms (Sabal palmetto) , wax myrtle (Myrica cerifera) and components of the xeric live oak communities including: oaks (Quercus spp. ) , wax myrtle, rusty lyonia (Lyoniaferruginea) , and gallberry ( Ilex glabra) . 18 ) For the buffer and preserve areas west of the commercial tract ( located adjacent and west of U.S . 41) , suitable " protection of the. buffer/ preserve areas will be provided by way of a fence, curbing, landscape hedges, etc. Mode of protection will correspond with specific commercial facilities proposed for the area (i.e. , shopping center vs . office building, etc. ) ; therefore, final mode(s) of protection will be subject to the review and approval of the Natural Resources Management Department. 19) For parking lots, golf cart pathways, and perhaps certain roadways , Developer should investigate the use of paver bricks in lieu of traditional asphalt paving to reduce the amount of impervious surfaces, chemical runoff, maintenance, and possibly installation expenses . 20) For all of the stipulations above, mutual agreements must be reached between the Development Services Department and Developer . If mutual agreements cannot be reached, the matter will be brought before the Environmental Advisory Committee or whatever County environmental review board is in power at the time of disputes; this governing entity will act as an arbitrator for disputes . If arbitration is futile, the matters will be brought before the Board of County Commissioners (BCC) , the BCC to act as the final arbitrator. 21) Should the South Florida Water Management District (SFWMD) , during its permit review process, require a natural vegetative buffer be created between the lots and any jurisdictional wetland Preserve and/or Conservation tract, the buffer shall not be located within the boundaries of the lot(s ) . It shall be created as a separate platted tract or as a buffer easement over an expanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage tracts, to include the buffer pl 044 FA7-249 9- .. :. .„J • R =� within the Preserve tract . If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project ' s homeowners association or like entity for ownership and maintenance responsibilities and if necessary, to Collier County with no responsibility for maintenance. All Preserve buffer easements or buffer tracts shall be created in conformance with the provisions of Chapter 704 . 06 , Florida Statutes . If the SFWMD relieves the County, in a manner satisfactory to the County, of maintenance and enforcement responsibilities, the buffer may be located on lots and the following stipulation will apply in place of the foregoing stipulation. 22 ) If ( a) the SFWMD jurisdictional wetlands are utilized as part of the project ' s water management system, and (b) the SFWMD requires a natural upland buffer adjacent to wetlands, the buffer shall be included in the conservation tract or otherwise protected in accordance with applicable ordinances or regulations . If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's homeowners association or other similar entity for ownership, maintenance and enforcement responsibilities with adequate safeguards to ensure that those responsibilities run with the land. If the buffer is located on lots of development tracts, adequate safeguards shall be established to provide for enforcement of clearing/alteration restrictions, with adequate safeguards to ensure that those responsibilities run with the land, that are acceptable to the SFWMD and Collier County. 23 ) Mitigation for the proposed impacts to 3 . 3+ acres of wetlands designated, CO-R2 tract shall be xeric live oak habitat unless other suitable mitigation proposals are approved by the South Florida Water Management District (SFWMD) . Said mitigation shall comply with the mitigation ratios of SFWMD and shall be contiguous to other xeric live oak habitat, preferably the xeric live oak conservation area comprising the Bald Eagle Primary Protection Zone. This stipulation shall be contingent on the petitioner obtaining the necessary State and Federal permits and the upland mitigation for wetland impacts being approved by said agencies . A conservation easement shall be placed over the mitigation area with protective covenants as per Florida Statutes, Chapter 704 .06 . 9-16 ® 044 FA7250 f.„•i,t,rL, f'.%.. : 24 ) A Florida Game and Fresh Water Fish Commission (FGFWFC) approved Bald Eagle Management Plan shall be submitted to Project Review Services 5 Environmental staff, prior to construction plan submittal or with the construction plan submittal for those lands west of Vanderbilt Drive. • 25) Final plat and construction plans for the portion of the Property west of Vanderbilt Drive shall not be accepted or reviewed until a letter of technical assistance is provided to the county from the Florida Game and Fresh Water Fish Commission indicating that the proposed management plan for the protection of the eagle is acceptable to it. The area designated CO-R2 on the PUD Master Plan may, at the Developer's option, be excluded from the submittal for construction plan/plat review of the remaining land west of Vanderbilt Drive. Prior to submission of such plans for the CO-R2 parcel it will be incumbent upon the Developer of this tract to provide assurance to the county that South Florida Water Management District (SFWMD) permits and acceptable mitigation to the SFWMD can he provided for in the project prior to the issuance of any permits for the CO-R2 tract. 26 ) Prior to construction plan approval petitioner shall provide a fifty ( 50) foot conservation easement along the common lot line of the R3/R1 designated lots in the southwest corner of the project master plan to act as a naturally vegetated wildlife corridor between the centrally located CO area and the west fringing wetlands . 27 ) No impacts to previously designated preserves , conservation areas or conservation and open space areas for the proposed addition lake area(s) or relocation and reconfiguration of lakes shall be permitted unless required to meet the minimum retention standards of the SFWMD and the Collier County Excavation Ordinance or the lakes are permitted by the SFWMD. Surplus lakes shall occupy no greater surface area than the lakes in the northwest corner shown as A and B on the master plan. 28) All previous environmental standards of PUD • Ordinance No. 87-12 shall continue to apply unless specifically amended by this amendment. 29) The petitioner will cooperate with the Development Services Department, Project Review Services to 9-NI U44 FAG:251 . e1r;t V','' a t;• `. develop an "inter development" ( i .e. , Little Hickory Shores, Bonita Shores, Lely Barefoot Beach, Audubon) plan for boat traffic management promoting the preservation of estuarine resources affected by the subdivisions and their associated boat traffic, if any future boat docking or • launching facilities are proposed. RCCJ2440!S/070191JN ` p bi.r ygy .. xIttr:;•wkz . • ktjyjii�b. .. • 4 F. ?,.. .4... . ....., ..,....,..... :.,,,. .-,,,,.. . . ,.. .cti(i. :-.2, . ,q,,... .. ....,4; - , , , . .. ,t,...,.,..Tsi ... 4 „.,....... 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P• y ` 1ry ( r r ' Page I o • 1. .-' • EXHIBIT I j ' a r •` r,)• , 1 "; •, ' Legal Description • • Legal Description of a parcel of land located in the North 1/2 of Bection 9, Township 48 South, Range 25 East, Collier County, rlorida, being more particularly described as follows: That portion of the North 1/2 of Section 9 Township 40 South, Range 25 East, Collier County, Florida, lying Westerly of V.S. Highway No. 41 (State Road No. 45) as the same is shown on the Estate of Florida D.O.T. Right-Of-Way Hap of State Road No. 45, Collier County, Florida, Section 03010--2319, Sheet 3, of the Public Records of Collier County, Florida and lying Easterly of County Road No. 901 (Vanderbilt Drive) , Collier county, Florida. • 4d �,•�.• ,.• 1't+'•.r. r ^i • • ;•••S• • Lq • s - w . 'ti • • • • r, �" 044 Fa •254 i,:. :... a S• ?; �» likeA (rife Ho. 1e.41 1113117 • • ' Revised 1121111 '1) /ts, Page 2 of S tiY �� Legal Description A portion of Sections 5, 7 and 8, Township 48 South. Range 25 East, Collier • County, Florida, being more particularly described as follows: Commencing at the Southeast corner of Section 5, Township 48 South, Range 25 East, Collier County, Florida; thence run South 89°59'22.3" West along the South line of said Section S, ' 50.00 feet to a point on the Westerly right-of-way line of County Road 901 , also known as Vanderbilt Drive, (formerly State Road 5-865-A) and the POINT OF BEGINNING of lands herein described; thence run North 00°04'17" West along said Westerly right-of-way line of County Road 901 , said right-of-way line being parallel to the East line • of the aforesaid Section 5, 2,088.04 feet to a point on the Easterly prolongation of the South line of Unit No. 4, Bonita Shores, as recorded in Plat Book 10, Page 33, of the Public Records of Collier County, Florida; thence run South 89°59'37" West along the Easterly prolongation and aforementioned South line of Unit No. 4, Bonita Shores, 2,003.71 feet to a point of curvature of a curve concaved to the South having a, central angle of 35°57'001, a radius of 50.00 feet; thence run Southwesterly along said curve and along said South lino of Unit No. 4, Bonita Shores, 31.37 feet to a point of reverse curvature of a curve concaved to the North having a central angle df 35°57'00", a radius of 370. 00 feet; thence run Southwesterly along said curve and along the South line of said Unit No. 4, Bonita Shores, 232.16 feet to a point of tangency; thence run South 89°59'37' West along said South of line Unit No. 4, Bonita Shores, 287.57 feet; thence run North 00°05'54' West along the West line of said Unit No. 4, Bonita Shores, said line being parallel to the North/South centerline of the aforementioned Section 3, 130.00 feet to the South right-of-way line of East Valley Drive and the South line of Unit No. 7, Bonita Shores, as recorded in Plat Book 3, Page 43, said Public Records of Collier County, Florida; thence run South 89°59'371 West along said South right-of-way line and said South line of Unit No. 2, Bonita Shores, said line being the Easterly prolongation of Deed Book 41, Page 346, • . . said Public Records of Collier County. Florida; 80.00 feet to a point on the Westerly right-of-way line of West Avenue and the West line of the aforesaid Deed Book 41, Page 346; thence run North 00051541 West along said Westerly right-of-way line and West •line of said Deed Book 41, Page 346, said West. right-of-way line being parallel to the North/South centerline of said Section S. 450.00 feet to a point on the East/West centerline of the aforementioned • Section' 5, 'said point being 30.00 feet West of the monumented center of said Section 5; thence run North 00°06'411 West along the aforesaid Westerly } right-of-way line of West Avenue and along the West line of. Deed Book 41 . Page 346, as recorded in said Public Records of Collier County, Florida, said tine being parallel to the North/South centerline of said Section 5, 410.00 feet - to the Southeast corner of Lot 33, Unit No. 2, tittle Hickory Shores, as • recorded in Plat Book 3, Page 79, said Public Records of Collier County, ® 044 FATE 255 ", exmi page 3 o f 5 f''�c/ , . Legal Description • Florida; thence run South 89°58'43° West along said South line of said Lot 33, 30.00 feet to the East line of a canal, said Unit No. 2, Little Hickory Shores; thence run South 00°06'41" East along the East line of said canal, said East line being parallel to the North/South centerline of said Section S. 40.00 feet to the Southeast corner of said canal and the South line of the aforementioned Unit No. 2, Uttie Hickory Shores; thence run South 89°58'43° West along the South line of said canal and the South line of the aforesaid Unit No. 2, Uttle Hickory Shores , 1 ,356.21 feet to a point of intersection with the bulkhead line as described in Official Record Book 48, Pages 158 and 159, said Public Records of Collier County, Florida; thence run South 10°26'43" West along said bulkhead line 738.46 'feet; thence run South 15°53'17° East along said bulkhead line for 2,112.58 feet to a point North 15°53'17° West distance 207.90 feet from a point 920.00 feet West along the South line of said Section 5 from • the quarter section corner on said line; thence run South 89°58'43° West along said bulkhead line and parallel with and 200.00 feet North of said South line for 363.86 feet; thence run North 15°53'17" West along said bulkhead line for 1 ,050.00 feet to a point of curvature; thence run Northwesterly, Westerly and Southwesterly and Southeasterly along said bulkhead line and along the arc of a curve of radius 200.00 feet (chord bearing South 74°06'43° West) for 628.32 feet to a point of tangency; thence run South 15°53'17" East along said bulkhead line 230 feet more or less to a point on the North shore of an island in Little Hickory Bay; thence run Southwesterly and Southerly along the West shore of said island to a point on the South line of said Section 5 (Official Record Book 927, Pages 188-190) , 2,249.00 feet from the quarter section .corner on said South line; thence run Southeasterly, Easterly and Northeasterly along the shore of said island in Sections S and 8, Township 48 South, . Range 25 East, Collier County, Florida, to the South line of said Section S at a point 1 ,75.3. 00 feet West of the Southeast corner of the Southwest quarter of said Section 5; thence run North 89°58'43° East along said South line of said Section 5, 31.71 feet; thence run South 31°35'13° • West, 305.29 feet (Official Record Book 791 , Page 106); •thence run North 84°06'57" West, 291 .55 feet; thence run North 16°56'57" West to a point on the North line' of Section 8, Township 48 South, Range 25 East, 240.42 feet; thence run South 89°58'43" West along said North line of said Section 8, 121.17 feet to a •point of intersection of said North line of aforesaid Section 8 with that certain agreed boundary line as recorded in Official Record Book 68 at Pages 235 to 250 inclusive of the Public Records of Collier County, Florida; .thence run South 00°01'52.8" East along said agreed boundary line 121.61 feet; thence run South 52°30'18.5° West along tht agreed boundary line, • 1,060.49 feet; thence run South 11°59'23.6° East along said agreed boundary line, 1,420.43 feet; thence run South 58°58'40.9" East along • said agreed P boundary line, 1 ,093.50 feet to a point 50.00 feet North (measured at right angles) of the South line of the Northwest quarter of said Section 8, said point being the most Westerly corner of Bay Forest as recorded in Plat Book .. 13, Pages 27 through 29, of the Public Records of Collier County, Florida; , thence run North 89°13'20° East along said boundary of Bay Forest, said line — being parallel to and 50.00 feet North of the South line of. aforesaid Northwest • ''r• C44 FR',f 256 • .:• 11!]lt17 • • Pi4! 4 of 5 • . Legal Description quarter of said Section 8, 1,988.86 feet to a point on the East line of the Northwest quarter of said Section 8 and on the West boundary of said Bay Forest, said point being 50.00 feet North of the Southeast corner of the Northwest quarter of said Section 8 (center section); thence run North 00°22'27" West along the aforementioned East line of the Northwest quarter and along the West boundary of said Bay Forest, 1,322.29 feet to the Northwest corner of the South half of the Northeast quarter of said Section • 8, said Northwest corner being the most Northwesterly, corner of said Bay Forest; thence run North 89°36131" East along the North boundary line of said Bay Forest and along the North line of the South half of the Northeast quarter of said • Section 8, 2,596. 16 . feet to a point on the previously mentioned Westerly right-of-way line of County' Road 901 (Vanderbilt Drive, formerly State Road S-865-A); thence run North 00344'27" West, along said Westerly right-of-way line of aforesaid County Road 901, 1,354.59 feet to the • POINT OF BEGINNING. • Containing 486 acres, more or less. AND A. portion of the North half of Section 9, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: That portion of the North half of Section 9, Township 48 South, Range 2S East, Collier County, Florida, lying Westerly of U.S. Highway No. 41 (State Road No. 4S) as the same is shown on the State of Florida D.O.T. Right-of-way Map of State Road No. 45, Collier County, Florida, Section 03010-2519, Sheet 3, of the Public Records of Collier County, Florida, AND lying Easterly of County Road No. 901 (Vanderbilt Drive), Collier County, Florida.. • Containing Containing 273.6 acres, more or less. • Alt of the foregoing subject to any dedications, limitations, reservations, restrictions, or easements of record. • • • r., El 044 FAGS 257 ?a' a.' _ • .. .... Y�:'i � • . ; r Fate 5 of 5 4.A • `• 4 l * , • Y w. .et . e LESS AND EXCEPT FROM THE FOREGOING THE FOLLOWING LAND: ., DESCRIPTION OF LANDS SURVEYED All that part of the Northwest Quarter of Section 5, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the center of said Section 5; thence South 89 degrees 32 ' 00" West 30. 00 feet to an intersection with the westerly right- of-way line of West Avenue, said intersection being the Point of Beginning of the parcel of land herein being described; thence North 0 degrees 33 ' 00". West along said westerly right- of-way line a distance of 410.00 feet to the southeast . property corner of Lot 33, Block E, Little Hickory Shores Unit No.2, as recorded in Plat Book 3, page 79, Collier County, Florida; thence leaving said right-of-way line South 89 degrees 32 '00" ' West along the southerly line of said Lot 33 a distance of 30.00 feet to an intersection with the easterly line -of the canal as shown on said plat; thence South 0 degrees 33 '00" East along said canal 40.00 feet; thence ,South 89 degrees 32 '00" West aslong said canal 926.63 teat; , thence leaving said canal South 10 degrees 33 '27" West 213 .95. feet; thence North 89 degrees 32 '00" East 857.43 feet: thence South 0 degrees 33 ' 00" East 160.00 feet; • thence North 89 degrees 32'00" East 140.42 •feet to the SPoint of Beginning of the parcel herein described; containing 5.25 acres of land more or less; • subject to easements and restrictions of record. • • i"i k •. -:.(1)..,tia.. 1)C • , .. 6-----7117,7E7 , , -- -- - • ® C44F,v`c.25 8 f ... ,• dx1, .. 11111113111111111i111111111111311111Mimintimiameamimmummlloim IOU mirmimimum , - ) -• , litZZ-.••118Z0 . . . i• ) • , . • ,e`, I, • , • .. .r • EJ l• '' J p ft..• . 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A 11111 diC • X • .., Jr " . - " •.''''.-•:Th•: ••..,. 4 . i . f'•. , _.6 • hill- .4! Old 8 11.44% . : ,.-.. --, r • • U —I -0 a a . - '' ;;•.k:.1-- / 1 ... • • 4 e- . P :k• • I,--- r•I C44 PAGE 262 10 ,,• -,:- • ci. . . ......- " -4:. .' ' • - 7 es, ... — —:. / e.f• ‘ ,... • . 1.• r- — - -,— • .• c .,, • • 1 • . .. ... ..1) r. 1 ,, , .-.-..-• 1: • : c --.- - 44.. • . t -: f‘:•,,f0. ,_-, • ,...v:,,..t...-:7_•,!„. ' ....:".1.;i:.; "...-..c•.. ;. ..-;•;:• t -V--1.'i•:.-.. ifr*".!.. __. ___. ...... Igi Y 7 4 i.,?', -t' ty r .! S1.• w `''' ' STATE OF FLORIDA ) a, „; , • )� , COUNTY OF COLLIER ) At I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit , Collier ,County, Florida, do •Z.`:�.. hereby certify that the foregoing is a true copy of : ,":„. Ordinance No. 91-53 ' t , which was adopted by the Board of County Commissioners on the 25th day of June, 1991 , during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd '• • day of July, 1991 . , . t { oth+4 +' JAMES C. GILES . ,` Clerk of Courts and Clerk-.-:' . .., ' Ex-officio to Board of .'r �' County Commissioners • • . /gyp/ J By: /s/Maureen ::ens. Deputy C1e_.:: . t •c: -, . #, _I'e 044 FArA 263 •gip r. t•r Exhibit " L " • A N �� �� - �r �� %f J •� v, A., .,.... , , ,a� i ' 7.,„ : t.::td :. • y: ,,tot •-A , Ilk. 06 , ' o 0 er IF: C � CIL L..a Plail vim ,:; .. .. _: 7 t), ) 1 iii r.... . 0 ItI\ ''' ' I ' • , ;- 111'_-'':c3)::•#: .11" : it L. • , , „ ,',..7.1 ti.J 1 ' \ 4 iptlit . . . 4 ....: ..: , 411. _ . . 11'• '''-Al : I t *it I • i „ ,,., :.., c , , ,, . .. .... i (...J , .. , , �. b ., • a n "� r �• .J Y � _ • .__ , . g -. •••!.., b. . ›..., ,s1.‘,: ..1' I;-/;:' ' . i ! . \ 4. 1 .., ' irt ti.4 A . 7:: .� CO MI w w ° ICE • := o .. it al , • • -. C el r } ,., . r RI 1.�. to °' d t I a: Exhibit " M " • • • ORDINANCE 83- 46 AN ORDINANCE AMENDING ORDINANCE 82-2 THE COM- PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR- PORATED AREA OF COLLIER COUNTY. FLORIDA BY AMENDING THE ZONING ATLAS MAP NUMBER 49-26-5 AND 49-26-8 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM A-2 AND A-2ST TO "PUD" PLANNED UNIT DEVELOPMENT FOR z" BERKSHIRE LAKES; LOCATED BETWEEN GOLDEN GATE-, " -n CITY AND DAVIS BOULEVARD 14 MILES WEST OF C-951 • AND PROVIDING AN EFFECTIVE DATE: n t f� l • WHEREAS, John J. Agnelli. Authorized Representative pE. itione& `"/ .- the Board of County Commissioners to change the Zoning ClassPficatl of the herein described real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: ' J:. SECTION ONE: a The Zoning Classification of the herein described real property located in Sections 32 and 33, Township 49 S, Range 26 E, Collier County, Florida is changed from A and A-ST to "PUD" Planned Unit Development in accordance with the PUD document attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map Number, Number 49-26-5 and 49-26-8, as described in Ordinance 82-2, is hereby amended accordingly. soox 017 rAcE 24 PIIII 1 r"-- • • k SECTION TwO: This Ordinance shall become effective upon receipt of notice that is has been filed with the Secretary of State. DATE: August 16, 1983 BOARD OF COUNTY COMMISSIONERS • COLLIER COUNTY, FLORIDA ATTEST: BY: WILLIAM J. REAGAN, CLERK MAR '-F 'CES KRUSE,C} 1 • • " p' erkshite'lakes t. STATE OF FIDRIDA ) aXJN Y OF COLLIER ) I, WII.LIAM J. REAGAN, Clerk of Courts in and for the Twentieth • Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 83-46 which was adopted by the Board of County CcRmissioners during Regular Session the 16th day of August, 1983. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of August, 1983. WILL/AM J. RFAf:AN This ordinance filed with the Clerk of Courts aryl Clerk Secretary of State's Office the 22nd Ex officio tcj rd7,91,, day of Aug. 1983 and aclawaledgement County CaOihliionets ;•, of that filing received this 26th day • , of Aug., 1 By (/: tom►--,� _ 1, y./ { BY put er Deouty-Cler • eoox 017 rACE 24S UMW • PLANNED UNIT DEVELOPMENT DOCUMENT FOR 'r. BERKSHIRE LAKES 4111 A PLANNED RESIDENTIAL COMMUNITY 1. WILSON, MILLER, BARTON, SOLL & PEEK, INC. ENGINEERS, PLANNERS I. LAND SURVEYORS 1383 Airport Road North Naples, Florida 33942 v Date Issued: January 5, 1982 Revised: August 2, 1983 500K 017 ra 244 C=I 1. INDEX PAGE LIST OF EXHIBITS STATEMENT OF COMPLIANCE & SHORT TITLE iii SECTION I PROPERTY OWNERSHIP & DESCRIPTION 1-1 4111 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III SINGLE-FAMILY RESIDENTIAL "R-1 " 3-1 SECTION IV MULTI-FAMILY RESIDENTIAL "R-2" 4-1 SECTION V COMMERCIAL/MULTI-USE "C-1 " 5-1 SECTION VI GOLF COURSE "G.C." 6-1 SECTION VII RECREATION AND OPEN SPACE/PARK "0" 7-1 SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8-1 + A '5 rya 111 41111 po0K 017 PACE 245 Q r`1 , :!CO: A • 9 ,4 LIST OF EXHIBITS EXHIBIT H MASTER DEVELOPMENT PLAN (Prepared by Wilson, Miller, Barton, N. Soll i Peek, Inc., File No. RZ-73) 4�. I t ,I i 1 .'J • L i ii eoox 017 rAGE 246 P— - • • STATEMENT OF COMPLIANCE The development of approximately 1 ,093 acres of property in Sections 32 and 33, Township 49 South, Range 26 East, and Section 5, Township 50 South, Range 26 East, Collier County, Florida, as a Planned Unit Development to be known as BERKSHIRE LAKES, will be in compliance with the planning goals and ob- jectives of Collier County as set forth in the Comprehensive Plan. The residential, commercial/multi-use development and associated recreational facilities of BERKSHIRE LAKES will be consistent with the growth policies, land development regu- i lations and applicable Comprehensive Plan documents for the following reasons: 1 ) The subject property has the necessary rating points to determine availability of adequate community facilities and services. 2) The project development is compatible and complementary to the surrounding /and uses. 3) Improvements are planned to be in substantial com- i pliance with applicable regulations. 4) The project development will result in an efficient and economical extension of community facilities and ser- ;, vices. 5) The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities. SHORT TITLE 4 This ordinance shall be known and cited as the "Berkshire Lakes PUD Ordinance." 4 iii vox 017 rAcE247 �1 , 1111 SECTION I PROPERTY OWNERSHIP i GENERAL DESCRIPTION # 1.01 INTRODUCTION AND PURPOSE It is the intent of John J. Agnelli (authorized repre- sentative) (hereinafter called "applicant" or "deve- loper") to establish and develop a Planned Unit Develop- ment (PUD) on approximately 1,093 acres of property located in Collier County, Florida. It is generally bordered on the west by St. Clair Shores, an unrecorded subdivision and on the east by the Green Heron Planned Unit Development. The northern boundary of the property is the Golden Gate Canal. The southern edge of the prop- • �. erty is bounded by Davis Boulevard. It is the purpose of f: this document to provide the required standards and to set forth guidelines for the future development of the property. 1 .02 NAME - The PUD development shall be known as BERKSHIRE LAKES. 1.03 LEGAL DESCRIPTION 1 ' Section 32, Township 49 South, Range 26 East, Collier County, Florida; A., less South 50 feet for Right-of-Way for Radio Road (County Road 856); less that land as described in O.R. Book 818, page 806 of Collier County, Florida. ALSO the west 5/6 of the west 1/2 of Section 33, Township 49 South, Range 26 East, Collier County, Florida; less south 50 feet for Right-of-Way for Radio Road (County Road 856); 1i less that land as described in O.R. Book 818, page 810 of Collier County, Florida. LM� ALSO the east 1/2 of Section 5, Township 50 South, Range 26 East, Collier County, Florida; a less south 75 feet for Right-of-Way of Davis Boulevard Extension (S.R. 84); less north 50 feet for Right-of-way of Radio Road (County Road 856) . subject to easements, restrictions, and reservations of record; containing +1093 acres more or less. 4111 1-1 eooK 017 PAGE 248 19111 a 1.04 TITLE TO PROPERTY Subject properties are currently under the unified control of Barnett Bank Trust Company, N.A. Trustee/ under Trust No. 36-8750. 4 r4111 1.I 1110 1-2 OOOX 017 rAGE.249 1 11011 1 y SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general con- ditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT Berkshire Lakes is a planned community, which includes a mixture of residential and commercial/multi-use uses, golf course, open space/parks and preserve areas. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is intended to be in substantial compliance with the applicable Collier County general zoning and subdivision regulations as well as other Collier County development codes in effect at the time permit plats are requested. 2.04 FRACTIONALIZATION OF TRACTS a. When the developer sells an entire Tract or a build- ing parcel (fraction of a Tract) to a subsequent owner, or proposes development of such property him- self, the developer shall provide to the Adminis- trator for approval or denial, prior to the sale of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and in the case of a residential area, the number of dwelling units of each residential type assigned to the property. b. In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 2.04(a) , in fractional parts to other parties for development, the subsequent owner shall provide to the Administrator, for approval or denial, prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or building } parcel and the fractional parts therein and the num- ber of dwelling units assigned to each of the fractional parts. 2-1 BOOK 017 rACE 250 011 l e The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. c. In the event a commercial tract or building parcel is sold by any subsequent owner, as identified in Section 2.04(a) , in fractional parts to other parties for development, the subsequent owner shall provide to the Director, for approval or denial, prior to the . sale of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. d. The developer of any tract or building parcel must submit at the time of application for a building per- mit, a detailed plot plan for his tract or parcel. Such plot plan shall show the proposed location of all buildings, access roads, offstreet parking and offstreet loading areas, refuse and service areas, required yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessoey uses and structures and in residential areas, the distribution of dwelling units among the proposed structures. e. In evaluating the fractionalization plans the Ad- ministrator' s decision for approval or denial shall be based on compliance with the criteria and the de- velopment intent as set forth in this document, con- , formance with allowable numbers of residential units and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. f. If approval or denial is not issued within ten (10) working days, the submission shall be considered au- , tomatically approved. 1111 2-2 eoox 017 man. 4 n' 2.05 SITE PLAN APPROVAL . When site plan approval is desired or required by this document, the following procedure shall be followed: A written request for site plan approval shall be sub- mitted to the Director for approval or denial. The re- quest shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document. Such material may include, but is not limited to the fol- lowing, where applicable: r . A) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions • for ingress and egress , offstreet parking and off- street loading areas, yards and other open spaces. S) Plans showing proposed locations for utilities hook- up. C) Plans for screening and buffering. + D) Plans for proposed signs and lighting. E) In the case of clustered buildings and/or zero lot line with common architectural theme, required prop- erty development regulations may be waived or reduced provided a site plan is approved under this section. � ax fi 2-3 S BOOK 017 pAr452 2.06 LAND USES The following table is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement of these land use types is shown on Exhibit "H" , Master Development Plan. Minor changes and variations in design and acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific lo- • cation and size of individual tracts and the assignment , of dwelling units thereto shall be submitted to the Ad- ministrator for approval or denial. The. final size of the recreation and open space lands will depend on the actual requirements for water management, golf course layout, roadway pattern and dwelling unit size and configuration. w. • • 2-4 max 017 ?ACE253 LAND USE SCHEDULE APPROXIMATE MAXIMUM LAND USE TYPE ACREAGE NO.OF DWELLING UNIT ;,. RESIDENTIAL R-1 Residential Single-Family 132 .0 335 R-2 Residential Multi-Family 435 .4 3 ,865 *1 COMMERCIAL/MULTI-USE C-1 Commercial 42. 5 *1 RECREATION AND OPEN SPACE • GC Golf Course 149 .2 0 (Park/Open Space 74. 3 *2 /green belts) Water Management/Lakes 149 . 5 .41 Major Right-of-Way 75 . 1 °' ' Total 1058 Acres 4 ,200 Residential Dwelling Units N. *1 Residential dwelling units may also be provided within the C-1 Commercial/Multi-use category provided the total number ' of dwelling units does not exceed 4200. *2 A park site of 35 acres will be deeded to the County. 110' 2-5 BOOK 017 PACE 254 1 + • S 4 2.07 PROJECT DENSITY The total acreage of the BERKSHIRE LAKES property is ap- 1. 1058 acres of which 35 acres will be deeded to the County. The maximum number of dwelling units to be built on the total acreage is 4 ,200 . The number of dwelling units per gross acre is approximately 3.96 . The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land. 2.08 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units as as- signed by Section 2 . 06, provided that the applicant may increase or decrease the maximums by not more than 10%; and provided that the total number of dwelling units shall not exceed 4200. The Administrator shall be notified in accordance with Section 2. 04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwelling units shall not exceed 4200 . 2.09 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 20 year time period, any projection of pro- ject development can be no more than an estimate based on current marketing knowledge. The estimate may of course, change depending upon future economic factors. The fol- lowing schedule indicates, by years, the estimated ab- sorption of units for the estimated 20 year development period. zit 4 • "3 2-6 BOOK 017 PACE255 �1f • �k. ESTIMATED MARKET ABSORPTION SCHEDULE PHASE YEARS DESIGNATION I II III IV UNIT 1-5 6-10 11-15 16-20 TOTAL .Y� R-1 Dwelling Units 235 100 - - 335 R-2 Dwelling Units 800 1000 1000 1065 3865 } C-1 B1dg.Sq.Ft.x1000 100 100 100 75 375 GC, (Golf Course) Acres 149.2 - - - 149.2 ,R. 0; C64 f y� r.'pit 'r j • 2-7 BODX 017 r*ct256 t Mir 2. 10 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL k: E4,� Clearing, grading, earthwork, and site drainage work shall v be performed in accordance with the approved PUD Master Development Plan and applicable Collier County Development Codes. Protected areas shall be flagged, clearly marked and/or fenced during periods of construction. Approval from the County Environmentalist shall be re- ceived prior to any development of the identified archaeo- logical site. Archaeological sites shall be preserved if found to be of significant value. Initial site clearing plans for each phase of development shall be reviewed and approved by the County Environ- mentalist with the specific intent of checking on the re- moval of all exotics on the site. 2. 11 EASEMENTS FOR UTILITIES Easements shall be provided for water management areas, utilities and other purposes as may be needed. Said ease- ments and improvements shall be done in substantial com- pliance with the Collier County Subdivision Regulations. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial com- pliance with applicable regulations in effect at the time approvals are requested. 2. 12 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS The following requirements shall be waived: t a. Article XI , Section 10: Where such monuments occur within street pavement areas, they shall be installed in a typical water valve cover, as prescribed in the s,. current County standards. b. Article XI , Section 17H: Such streets shall not ex- a , ceed one thousand (1,000) feet in length. c. Article XI, Section 17J, requiring curved streets to have a minimum tangent of 100 feet at intersections. 2-8 il) DooK Oil PACE 25? 11 11 d If SECTION III SINGLE-FAMILY RESIDENTIAL "R-1 " +S 3.01 PURPOSE ,:- The purpose of this Section is to set forth the regu- ;, lations for the areas designated on Exhibit "H" , Master Development Plan, as Single-Family Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 335 dwelling units may be constructed in all of the Single-Family Residential parcels except as permitted by Section 2.08 . 3.03 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1 ) Single Family dwellings. 2) Public and private parks, playgrounds, playfields and commonly owned open space. • B. Permitted Principal Uses and Structures Requiring Site o', Plan Approval 1 ) Villas, cluster and group housing, townhouses, patio houses, and zero lot lines. IE J. ri I It 3-1 eoox 017 PAGE258 t C. Permitted Accessory Uses and Structures 1 ) Customary accessory uses and structures, including but not limited to private garages and private swimming pools. 2 ) Signs as permitted by the Collier County Zoning ! Ordinance in effect at the time permits are re- '�' quested. 3 ) Model homes shall be permitted in conjunction with the promotion of the development. Such model 4.; homes shall be permitted for a period of one ( 1 ) year from the initial use as a model. The Ad- ministrator may authorize the extension of such use upon written request and justification. 3.04 PROPERTY DEVELOPMENT REGULATIONS 3.04 .01 GENERAL: All yards, set-backs, etc. , shall be applied in relation to the individual parcel boundaries. 3.04 . 02 MINIMUM LOT AREA AND DIMENSIONS: Area 10 ,000 Square Feet Frontage 80 Feet Interior Lots 95 Feet Corner lots 80 Feet Cul-de-sac and odd shaped lots. (measured at the front yard setback line. ) 3.04 .03 MINIMUM SETBACKS: Front 30 Feet Side 7.5 Feet One Story 10.0 Feet Two Story Rear 25 Feet 3.04.04 MAXIMUM BUILDING HEIGHT: } Principal Structures: 30 Feet Accessory Structures: 20 Feet 411 3-2 DUOK 017 PACE259 3.04 .05 MINIMUM FLOOR AREA: One Story: 1 ,000 Square Feet Two Story: 1 ,200 Square Feet 3 .04 .06 SIGNS AND MINIMUM OFF-STREET PARKING: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 111 id I� ''wr yL 1. • 3-3 DOCK Oil/ PACE m SECTION IV MULTI-FAMILY RESIDENTIAL "R-2" 4 .01 PURPOSE J 4 The purpose of this Section is to set forth the regu- lations for the areas designated on Exhibit "H" , Master Development Plan, as Multi-Family Residential. iit 4 . 02 MAXIMUM DWELLING UNITS 4. q A maximum number of 3 ,865 dwelling units may be con- X structed in all of the Multi-Family Residential parcels except as permitted by Section 2.08. o' 4 . 03 PERMITTED USES AND STRUCTURES Z No building or structure, or part thereof, shall be 1. erected, altered or used, or land or water used, in whole or in part, for other than the following : '' A. Permitted Principal Uses and Structures: 1 ) Two (2) Family and Multi-family dwellings. 2) All permitted principal uses and structures al- r lowed by Section 3.03 .A. of this document. , B. Permitted Principal Uses and Structures requiring Site Plan Approval : ►� 1 ) All permitted principal uses and structures al- lowed by Section 3.03 .B. of this document. k, 2) Any permitted structure exceeding the maximum building height allowed by Section 4 .04 .04 of this document but not exceeding six (6 ) habitable/- living stories above parking. 3) Essential services/central waste water treatment facilities on the multi-family designated tract located immediately north of I-75 R.O.W. , east of Santa Barbara R.O.W. extension south of the Golden Gate Canal and south of the east-west un- named access road which is located between the 1 Golden Gate Canal and the I-75 R.O.W. (in Section I ' 33, Township 49 South, Range 26 East, Collier County, Florida) . C. Permitted Accessory Uses and Structures: 1 ) All permitted accessory uses and structures allowed by Section 3.03.C. of this document. 4-1 BOOK 017 PACE 261 4 .04 PROPERTY DEVELOPMENT REGULATIONS: ;`. 4 .04 .01 GENERAL: All yards, setbacks, etc. shall be applied in relation to the individual parcel boundaries. 4 .04 . 02 MINIMUM LOT AREA AND DIMENSIONS: Area Single Family dwelling 10 ,000 Square Feet other principal uses 20 ,000 Square Feet Frontage 80 Feet 4 .04 .03 MINIMUM SETBACKS: One-half of principal building height with a minimum of: Front 30 Feet Side 15 Feet Rear 30 Feet The distance between any two principal structures on the same parcel shall be fifteen ( 15) feet or a distance equal to one-half ( 1 /2) the sum of their heights, whichever is greater. 4 .04 .04 MAXIMUM BUILDING HEIGHT: Three ( 3 ) habitable/living stories above parking. r ` Unless otherwise approved under Section 4 .03.B.2. 66 A 4 .04 .05 MINIMUM FLOOR AREA: 750 Square Feet. 4 .04 . 06 SIGNS AND MINIMUM OFF-STREET PARKING: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. c k ti • 4-2 BOOK 017 PACE 262 • SECTION V COMMERCIAL/MULTI-USE "C-1 " 5.01 PURPOSE The purpose of this Section is to set forth the regu- lations for the areas designated on Exhibit "H" as Commercial/Multi-Use. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: 1 ) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; Jk bicycle sales and services; blueprint shops; book- 4, binders; book stores; business machine services. 3) Carpet and floor covering sales - which may in- clude storage and installation; churches and other +`^ places of worship; clothing stores; cocktail lounges; commercial recreation uses - indoor; commercial schools; confectionery and candy stores. 4 ) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery ,#, shops. -40 5 ) Electrical supply stores. l I • 410 5-1 MK 017 PACE 263 6) Fish market - retail only; florist shops; food markets ; fraternal and social clubs; funeral homes; • furniture stores; furrier shops. 7) Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales; gourmet shops. 8) Hardware stores; health food stores; homes for the aged; hospitals and hospices. 9) Ice cream stores; ice sales and interior decorating show rooms. 10) Jewelry stores. 11 ) Laundries - self service only; leather goods; legitimate threatres; liquor stores; locksmiths. 12) Markets - food; markets - meat, medical offices and clinics; millinery shops; motion picture theatres; museums; music stores. 13) New car dealerships - outside display permitted; news stores. 14) Office - general ; office supply stores. 15 ) Paint and wallpaper stores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs; professional offices. 16) Radio and television sales and services; research and design labs; rest homes; restaurants - including drive-in or fast food restaurants. 17) Shoe repair; shoe stores; souvenir stores; stationery stores; supermarkets and sanitoriums. 18) Tailor shops; taxidermists, tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores. 19) Upholstery shops. 5-2 eOOK 017 PACE 264 20) Variety shops; vehicle rental - automobile only; ,44 veterinarian offices and clinics - no outside kennels. { 21 ) Watch and precision instrument repair shops. „.' 22) Any other use which is comparable in nature with t the foregoing uses and which the Zoning Director tg determines to be compatible in the district. B. Permitted Principal Uses and Structures Requiring Site Plan Approval 141. 1 ) Attached residence in conjunction with business- one ( 1 ) per business. 2) Car wash; child care centers, commercial recreation-outdoor. 3) Hotels, Motels 4 ) Multi-family residential ; 5) Permitted uses with less than 1 ,000 square feet gross floor area in the principal structure. 6) Shopping centers. C. Permitted Accessory Uses and Structures 1 ) Accessory uses and structures customarily associated with the uses permitted in this district. 2) Caretaker' s residence. 3) Signs as permitted by the Collier County Zoning Ordinance in effect at the time permits are requested. 5. 03 PROPERTY DEVELOPMENT REGULATIONS ` 5.03.01 GENERAL: All yards, setbacks, etc. , shall be in re ation to the individual parcel boundaries. 5.03 .02 MINIMUM LOT AREA AND DIMENSIONS : Area 10,000 Square Feet Frontage 100 Feet 5-3 BOOK 017 PACE 265 .d' 5.03.03 MINIMUM SETBACKS: - One-half ( 1 /2 ) of principal building height with a minimum of: Front 25 Feet ,, , Side None, or a minimum of five (5 ) feet with unobstructed passage from front to rear yard. Rear 25 Feet - Distance between any two principal al structures - Ten (10 ) feet or 1/2 the sum of heights whichever is greater except that in the case of clustered buildings with a common architectural theme these distances may be less provided that a site plan is approved in accordance with Section ', 2. 05. y - Principal commercial buildings shall be setback a minimum of fifty (50 ) feet from abutting residental districts. 5.03 .04 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE: 4 One thousand ( 1 ,000) square feet per building on ground floor. 5. 03.05 MAXIMUM HEIGHT OF STRUCTURES: Fifty (50) feet. H"x }; . 5.03.06 SIGNS AND, MINIMUM OFF-STREET PARKING: As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 5.03.07 SPECIAL PROPERTY DEVELOPMENT REGULATIONS: HIA) Landscaping, buffer areas and supplementary district zoning regulations that may be t applicable to certain uses above shall be adhered to unless in conflict with any of the intent or the provisions specified herein. M1 B) Merchandise storage and display. Unless specifically permitted for a given use, Alb outside storage or display of mechandise is 1411 prohibited. 5-4 BOOK 017 PAcE266 • 4 • A SECTION VI GOLF COURSE "G.C." 6.01 PURPOSE i. The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "H" , Master Development Plan, as Golf Course. '` 6.02 PERMITTED USES AND STRUCTURES k. ,,„ No building or structure, or part thereof, shall be erected, r;" altered or used, or land or water used, in whole or in part, for other than the following: w ; A. Permitted Principal Uses and Structures 1 ) Golf Course B. Permitted Accessory Uses and Structures v. 1 ) Clubhouses, pro-shop, practice driving range and other customary accessory uses of golf courses, or other recreational facilities. <w'A. 2) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively `, serve patrons of the golf course or other permitted recreational facilities, subject to the provisions ' of the applicable supplementary regulations of the Zoning Ordinance. 3) Shuffleboard courts, tennis courts , swimming pools, ;y• and other types of facilities intended for outdoor recreation. ': 4 ) Signs as permitted by the Collier County Zoning Ordinance in effect at the time permits are re- ,A, quested. • 5) A maximum of two (2) residential units in con- junction with the operation of the golf course as determined to be compatible with the adjacent zoning as determined by the Administrator. 6-1 t eoox 017 PACE 267 i 6 fr Yr C. Plan Approval Requirements ad A site plan of the golf course shall be submitted in 7 accordance with Section 2.05 of this document. The perimeter boundaries of such plans shall be recorded in the same manner as a subdivision plat. 6.03 PROPERTY DEVELOPMENT REGULATIONS 6.03 .01 . General Requirements t. a) 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. b) Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. c) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 6. 03.02. Maximum Height of Structures Thirty-five (35) feet. 6.03. 03 . Signs and Minimum Off-Street Parking As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. 6-2 BOOK 017 PACE 268 SECTION VII RECREATION AND OPEN SPACE/PARK "0" 40 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Exhibit "H" , Master Development Plan, as Open Space/Park, CYP, Willowhead , Willow Cypress Preserve, Cypress Preserve, Green Belt, Lake. . . .etc. 7. 02 PERMITTED USES AND STRUCTURE No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures rh' 1 ) Parks, Playgrounds and game courts and fields. 2) Biking, hiking, canoeing and nature trails. 3) Equestrian paths. 4 ) Nature preserves and wildlife sanctuaries. 5) Any other open space activity which is comparable in nature with the foregoing uses and which the Ad- , . ministrator determines to be compatible in the District. 6 ) Recreational shelters and restroom facilities. /q w: 7) Water Management Facilities and Lakes. .,v 8 ) Wildlife Management. 9) Community Park. B) Permitted Accessory Uses and. Structures 1 ) Accessory uses and structures customarily associated with principal uses permitted in this District. 7-1 bOOX 017 PACE 269 r,. 2) Signs as may be permitted by the Collier County Zoning Ordinance in effect at the time permits are requested. 3) Maintenance and storage areas and structures. C) Site Plan Approval Requirement Site plans for the proposed uses shall be submitted to the Administrator in accordance with Section 2.05 of this document. 7.03 PROPERTY DEVELOPMENT CRITERIA a) 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. b) Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the setback area shall be landscaped and maintained to act as a buffer zone. c) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 7.04 SIGNS AND MINIMUM OFF-STREET PARKING As may be permitted or required by the applicable Collier County Zoning Ordinance in effect at the time a permit is requested. r 7-2 eoox 017 PArt270 • 1,, • SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8 .01 PURPOSE The purpose of this Section is to set forth the standards z`w for development of the project. 8 .02 DEVELOPMENT COMMITMENTS A. ENERGY 1 ) Construction shall comply with applicable local and state energy codes. 2) Reasonable "good faith" efforts to utilize state-of- the-art energy conservation techniques shall be made where practically and economically feasible. Such techniques may include, but not be limited to the is following: a. Provision of a bicycle/pedestrian system con- necting all land uses, to be placed along all arterial collectors and local roads within the project. This system is to be consistent with Collier County requirements. b. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi-family residential areas. c. Cooperation in the locating of bus stops, shelters and other passenger and system ac- 5" commodations when a transit system is developed to serve the project area. d. Use of energy-efficient features in window de- sign (e.g. , shading and tinting) . e. Use of operable windows and ceiling fans. f. Installation of energy-efficient appliances and equipment. g. Reduced coverage by asphalt, concrete, rock and similar substances in streets , parking lots and other areas to reduce local air temperatures and reflected light and heat. 0 8-1 eoox 017 PACE 271 h. Installation of energy-efficient lighting for , streets, parking areas, recreation areas and other interior and exterior public areas. i. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, main- tenance and other needs. t' . J. Planting of native shade trees to provide /. reasonable shade for all recreation areas, streets and parking areas. �f k. Placement of trees to provide needed shade in *, the warmer months while not overly reducing the ,. benefits of sunlight in the cooler months. N, (Shade in the summer should receive primary con- t sideration. ) 1. Planting or retention of native shade trees for each residential unit. I• m. Orientation of structures, as possible, to re- duce solar heat gain by walls and to utilize natural cooling effects of the wind. n. Provision for structural shading (e.g. , • trellises, awnings and roof overhangs) wherever practical when natural shading cannot be used effectively. t , o. Inclusion of porch/patio areas in residential units. `?', 3. Deed restrictions and other mechanisms shall not �i,; prohibit or prevent the use of alternative energy ; ,, devices such as solar collectors (except when ,a necessary to protect the public health, safety and welfare) . B. AIR QUALITY 1 ) The developer shall comply with applicable codes and apply for required permits relative to air quality. Y t r 8-2 800K 017 PACE 272 1 • C. TRANSPORTATION 1. Bikepath/sidewalks shall be provided on the west side of Santa Barbara from Radio Road to Golden Gate Canal. ..y 2. The applicant shall be required to pay for the signal- ization, turn lanes and other improvements deemed neces- `: sary by the County Engineer or FDOT for the intersection of the project' s southern access road with Davis Boule- vard (SR-84 ) . These improvements shall be made at the time that this intersection is found to exceed level of 11, "J• service "C" . Service level determination shall be made by either the Collier County Engineering Department or FDOT. 3. At such time as Davis Boulevard (SR-84 ) exceeds service level C , the developer representing Berkshire Lakes will find a proportionate share of 1. 24 miles of the cost of construction based on total build-out of the project. The developer will supply bond addressing this issue. 4 . Donate to Collier County one hundred feet of a future two hundred feet right-of-way along the east boundary of Berkshire Lakes between Davis Boulevard and Radio Road. III A 5 . Donate to Collier County 25 feet of additional right-of- way on each side of Radio Road along the Berkshire Lakes +. frontages. 6. The developer of Berkshire Lakes pay its fair share for upgrading Radio Road and Santa Barbara Boulevard from Golden Gate Canal to Davis Boulevard. .'s. 7. A fair-share contribution toward the capital cost of traffic signals at the principal access points to the project when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. 8. Arterial type street lighting at all principal access points to the project. The operating and maintenance cost of these units shall be assumed by Collier County. 9. Provide appropriate left and right turn lanes at the principal access points to the project. The above noted properties shall be donated to the County for the specific purpose of widening Radio Road and for the planned future extension of Santa Barbara Boulevard from Radio Road to Davis Boulevard. c 8-3 BOOK 017 PACE 273 This donation shall take place at such time as the additional right-of-way is needed by the County for the immediate road construction or at the developer' s r.,, convenience, whichever occurs first. D. WATER MANAGEMENT 1 ) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 2) Surface Water Management Permits must be obtained from the South Florida Water Management District prior to the commencement of development. 3) The Control level elevation concerns identified in the South Florida Water Management District Impact Assessment Report, page 2 , Appendix II , must be addressed by the applicant during the District Surface Water Management permitting process. 4 ) The drainage system for the Berkshire Lakes project shall implement the water quality "best management practices" outlined in the Berkshire Lakes Application for Development Approval, response to Question 22 Drainage, Part C. , pages 22-5 and 22-6. 5) An on-going maintenance and monitoring program that regularly inspects, maintains and samples the stormwater drainage system shall be implemented. E. UTILITIES 1 ) A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the County system. 2) All areas of the project shall be served by a central wastewater collection system and by an on-site wastewater treatment plant. The plant shall be expanded as may be needed to meet the anticipated demands and shall be phased-out at such time as a County system becomes available. 3 ) The development shall be in substantial compliance with applicable County laws and ordinances governing utility provisions and facilities. 4 ) Telephone, power and T.V. cable service shall be made available to the site. 8-4 nu 017 PAt€274 4,. .4 F. HURRICANE EVACUATION a) The applicant shall use a minimum floor elevation of 4 12 . 8 ft . m. s . l. as required by the SFWMD or Collier County Building Code. Should these requirements be lessened through regulatory changes , Recommendations b, c, and d below shall become requirements. • v b) On-site refuge space shall be provided at a ratio of 20 square feet per person. c) Provisions shall be made in deeds and convenants that temporary shelter for persons living in ground , level units shall be made in buildings of more than one story; designated refuge space shall be located in the interior hallways of upper story structures or similarly protected areas with protected openings leading directly to the exterior. d) On-site shelters shall fulfill the following con- • ditions: • * Shelters shall be designed and constructed to withstand winds of 140 miles per hour, and certi- fied by a professional engineer, licensed and re- gistered by the State of Florida. * Shelters shall be equipped with emergency power and potable water supplies (generators and stor- age tanks) . * Shelters shall be constructed with as little glass as possible, and glass should be protected by shutters or boards. R '4. * Shelter shall provide adequate ventilation, sani- tary facilities, and first aid equipment. e) A homeowners' association shall be established to f;" provide education to residents concerning hurricane evacuation, shelters , etc. 8-5 f c . eoox 017 pAcE 275 Exhibit " N " L__-! III) ORDINANCE 77- 7 AN ORDINANCE AMENDING ORDINANCE 76-17 THE PLANNED UNIT DEVELOPMENT FOR WILDERNESS ±i COUNTRY CLUB BY REVISING THE ORIGINAL DOCUMENT AND SUBMITTING A NEW PLANNED UNIT DEVELOPMENT DOCUMENT FOR PROPERTY 40( DESCRIBED HEREIN AND PROVIDING AN EFFEC- TIVE DATE: WHEREAS, William Vines, representing the owner of the property hereinafter described, petitioned the Board of County Commissioners of Collier County, Florida to amend the Planned Unit Development (PUD) of the real property hereinafter des- cribed: NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the hereinbelow described real property in Collier County, Florida, is a Planned Unit Development (PUD) and is subject to all conditions as herein- after described: rill n, r eNK 007 ME 23. • - t D.. 76- 35C Vines 8 Associates Inc Revised urban planning•land planning Wiliam R Vines,pres+dent December 28, 1976 member,Amencan Institute of Planners ' 1170 third street south naples tlorida 33940 813.642.4164 • WILDERNESS ' A Planned Unit Development I STATEMENT OF INTENT • o• General. The basic development concept which underlies the Wilderness Project is creation of a challenging, championship golf course in o densely wooded setting, and utilization of this setting as the site for a high quality, low sensity, cloistered residential apartment complex. The subject property has perhaps the most spectacular scenic quality of any inland property in the Greater fib Noples Area. It is extensively vegetated with a brood assortment of votive trees and shrubs. The land hos a handsome rolling character, with elevations ranging from more than 12 it. in the pine forested sand ridges to only 2 ft. above mean sea level in the cypress hammock lends along the Gordon River basin bottom, The total project area is slightly over 218 acres. Two existing single family residences within the property, occupied by members of the landowner family, ore to continue as an integral port of the finished development. 300 dwelling units are to be established in clusters of 2 and 3-story garden apartments. Two tennis courts ore to be constructed. A resident manager's dwelling is to be - , established adjacent the tennis courts. The character of this project, as evidenced in the name, is to be established through preservation of o maximum amount of the existing handsome native forest. The "wilderness" character of the finished • product is depended upon to create market acceptance of the relatively expensive real estate development product. • via 007•ea 24 6, Ownership. The ownership characteristics of the Wilderness Project are somewhat varied from normal land development projects, as follows: the project lands ore now owned by members of the E. H. Frank family, The development organization has leased the lands from the Frank family and will underwrite the capital investment required to develop the project as planned. The apartment structures will be condo- miniuns, with individual apartments and the land on which the apartment is located to be sold outright. As the development organization constructs and sells apartment units and permanent golf club memberships, its ownership of the golf course, clubhouse, and other land improvements within the project will be proportionately reduced, with the sole of the last apartment unit extinguishing the development organization's interest in the project improvements. At this point, oportment owners/club members, headed by a Board of Governors of their own choosing, will own and manage the club and golf course, with that ownership being subject to the underlying land lease. c. Development and Marketing. During the development and marketing phase of the project, it is anticipated that the development corporation will conduct project admin- istrative and marketing activities in the club building. This function will terminate at or before the time club ownership and management responsibility posses from the development organization to the club members. II STATISTICAL INFORMATION a, Description of Principals. I.ondowners/lessors: Members of the E.H,Frank family, Frank Rood, Naples, Florida. Dovelopers/Lessees: Wesley G. Dawning, Earl L. Frye, and Charles L. Shunway; Wilderness Country Club Partnership Ltd., 2800 Fronk Blvd., Naples, Florida. Land Planner: William R. Vines, A,I.P., 1170 Third Street, South, Naples, Florida. Engineers: Tri-County Engineering,Inc., 3560 Tamiaml Trail, North, Naples, Florida. Architect: Richard W. Morris, A.I.A., 1207 Third St.,South, Naples, Florida. Golf Course Architect: Arthur W. Hills, 7351 West Bancroft, Toledo, Ohio 43617. • - 2- S enCK 007 ? E 3 S b. Legal Description of Subject Property. Lots 12 thru 22, Naples Improvement Company's Little Farms, os recorded in Plot Book 2, Page 2, Public Records of Collier County, Florida. This property lies within Sections 22 and 27, Township 49 South, Range 25 East. The property is 218.639 acres in area, is bounded on the west by Frank Road and lies immediately south of the Hole-in-the-Wall Golf r , Course. Precise property boundaries are shown on Exhibit 'B' which accompanies this application. c. Control of Development. No land is included within this PUD application except that owned by members of the E. H. Frank family. d. Topography. Topographic survey data, compiled by Tri-County Engineering Company in late 1972 and early 1973, has been superimposed upon the attached 1" = 100' aerial photograph entitled Exhibit 'C'. e. Density. The golf course and residential complex contains 207.949 acres. Dividing this acreage figure into the 300 apartment units, two single family residences and manager's dwelling yields a gross residential development density of 1.46 dwelling units per acre. f. Natural Features. Existing natural features on the site, including the pattern of extensive forestation, is clearly evident on the 1" .. 100' scale aerial photograph on which the development plan has been superimposed, and which is marked Exhibit 'A'. 9, Land area. The total land area is 218.639 acres. h. Land Uses. Land uses include an 18-hole par-71 golf course; clubhouse; - 3- 1111 e;;cic 007 rz 26 2 tennis courts; 300 apartment units; utilitarian golf course grounds and golf cart maintenance and storage focilities; vehicular occessways and offstreet parking areas; two single-family residences; a resident manager's dwelling; a manned access control gate and a security fence; 12 mon-mode lakes; and extensive natural open space. i. Internal Traffic Movement. Vehicular drives within the project ore to be privately owned and maintained. They con be functionally classified as minor residential streets in port, and in part as apartment driveways. A golf cart will be garaged at each apartment. Circulation by project residents/club members with- in the project orea will be almost entirely by golf cart or foot, reducing the necessity for automobile traffic to that which is entering or departing ,he project. This will result in a very low volume of automobile traffic within the project. Street pavement widths are to be 18 ft. There is to be a single entrance rood interconnection with Frank Rood (SR-951). Additionally, there will be o service vehicle drive from Fronk Road to the golf course maintenance area. Combination sidewalks/cart paths/bicycle paths are to be 8 ft. in width; ore to be privately owned and maintained; and ore to be located partially within the golf course and partially along the streets. • J. Fire Protection. The Wilderness Project lies partially in the North Naples Fire Control District; partially in the East Naples Fire Control District. The develop- ment plan has been reviewed by the Chiefs of both of these Districts, each of whom _ .._ _. hod indicated that no fire fighting problems ore posed by the development plan. Additionally, the City of Naples fire chief was contacted relative to the adequacy of planned access ways in the event his larger pumper truck is called upon in connection with on elevator apartment fire. The Chief indicated that the planned vehicular travelways would provide satisfactory access for all of his fire fighting • equipment. • - 4- bocz 007 ta Z? • . . S • • k. Outdoor Lighting_ Outdoor lighting along the entirety of the project's roodway system will be installed. Fixtures to be utilized will be residential type post lanterns served by underground electrical conduit. The lighting fixtures will include o shade which will direct light groundward, preventing nuisance causing direct glore info residential opartment windows. The streetside post lanterns will be established of about 300 ft. intervals. III MULTI-FAMILY RESIDENTIAL DEVELOPMENT a. Development Potter . The opartment structures in the project are to be developed in clusters, with each cluster occurring within a defined numbered area as set forth on Exhibit 'B,' os follows: Parcel 2 2.576 acres 3 story 24 dwelling units Parcel 3 2.799 acres 3 story 24 dwelling units Parcels 4&5 15.841 acres 2 and 3 story 104 dwelling units Parcel 7 10.427 ocres 2 and 3 story 52 dwelling units Parcel 8 13.067 acres 2 and 3 story 96 dwelling units 44.71 acres 300 dwelling units • The number of dwelling units which the above table indicates will occur in each parcel is based on a generalized site plan. To accommodate definitive building site plans, dwelling units may be transferred from one parcel to another, so long as the total number of dwelling units does not exceed 300. With the approval of the Director, parcel boundaries may be slightly modified so long as the golf course parcel area is i not reduced by more than 3%. ..L _ b. Ownership. Condominium apartment Parcels 2, 3, 4, 5, 7 and 8 ore not separately owned parcels, and simply represent spatial envelopes within which the planned 300 apartment dwelling units ore to be confined. As cars be seen on the development plan, a substantial portion of these spatial envelopes is to be utilized - 5 - • 1111, exx 0Q7 ru • V . _a • for recreational open space, lake area, and inbounds golf play. c. Setbacks. No apartment structure shall be closer than 30 ft. to another apart- ment structure. So long as all multi-family apartment structures ore contained within the pre-established development parcels, no specific yards or setbacks shall be required between the structure and the edge of the development parcel or be- tween a structure and an access drive. This latter variation from normal street frontyard requirements is necessitated by the fact that the access drives ore private and are physically Integrated with covered parking spoces for automobiles and golf carts. d. Floor Area. Residential apartment floor areas will have a minimum of 1,460 sq.ft. e. Parking. Eoch dwelling unit in the development complex will be served by at least 1.5 offstreet parking spaces. One space per dwelling unit will be covered. The additional spaces will be uncovered and will jointly serve the second automobile for those families which have two, guest parking, and service vehicles. Additionally, o covered golf cart parking space will be developed at each dwelling unit. f. Maintenance of Structures and Grounds. Funds for maintenance of the apartment structures and the grounds immediately around them will be provided in the typical condominium corporation manner, i.e., through monthly maintenance fees which ore paid to and expended by the officers of the condominium corporations. Maintenance • and management actions ore to be made a lawful responsibility of the Condominium Association, which will be established under the Condominium Act, Chapter 711, Florida Statutes, 1963. The pertinent excerpt from the Declaration of Condominium follows: 5. Maintenance, alteration and improvement. Responsibility for the • maintenance of the condominium property, and restrictions upon Mr 007 rrcz E9 • • ... V. 01 • I . 14. its alteration and improvement, shall be as follows: 5.1. Apartments. a. By the Association. The Association shall maintain, repair and replace at the Association's expense xt (1) All portions of on apartment, except interior surfaces, contributing to the support of the apartment building, which portions shall include but not be limited to load- bearing columns and load-bearing walls. (2) All conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility services contained in the portions of an apartment maintained by the Association; and all such facilities contained within an apartment that service port or parts of the condominium other than the apartment within which contained; and (3) All incidental damage caused to an apartment by such work shall be repaired promptly at the expense of the . Association. • b. By the apartment owner. The responsibility of the apartment owner shall be as follows: (1) To maintain, repair and replace at his expense all portions or his apartment except the portions to be maintained, • repaired and replaced by the Association. Such shall be done without disturbing the rights of other apartment owners. (2) Not to paint or otherwise decorate or change the appearance of any portion of the exterior of the apart- ment building. (3) To promptly report to the Association any defect or need for repairs for which the Association Is responsible. • — 7— • eoct 007 rAcE . • . f c. Alteration and improvement. Neither on apartment owner nor the Association shall make any alteration to the portions of on apartment or apartment building that ore to be main- tained by the Association, or remove any portion of such, or make any additions to them, or do anything that would jeopardize the safety or soundness of the apartment building, or impair any easement, without first obtaining approval in writing of owners of all apartments in which such work is to be done and the approval of the Board of Directors of the Association. A copy of the plans far all such work prepared by on architect licensed to practice in this state shall be filed with the Association prior to the start of the work. 5.2 Common elements. o. By the Association. The maintenance and operation of the common elements shall be the responsibility of the Assosciation • and a common expense. b. Alteration and improvement. After the completion of the improvements included in the common elements contemplated by this Declaration, there shall be no alteration nor further improvement of the real property constituting the common • elements without prior approval in writing by the owners of not less than 75% of the common elements except as provided by the By-Laws. Any such alteration or improvement shall not interfere with the rights of any apartment owners without their consent. The cost of such work shall not be assessed against a bank, life insurance company or savings and loon association that acquires its title as the result of owning a mortgage upon the apartment owned, unless such owner shall approve the alteration or improvement, and this shall be so whether the 8— e CK 007 rA. 3:i • • k�^ram title is acquired by deed from the mortgagor or through foreclosure proceedings. The share of any cost not so assessed shall be assessed to the other apartment owners in the shares that their shares in the common elements bear to each other. There shall be no change in the shares and rights of on apartment owner in the common elements altered or further improved, whether or not the apartment owner con- tributes to the cost of such alteration or improvements. IV SINGLE FAMILY RESIDENTIAL DEVELOPMENT The defined boundaries of the two single-family residences within the project ore numbered as Parcels 1 and 6 os shown on Exhibit '8'. Parcel 1 4.145 acres 1 dwelling unit Porcel 6 6.18 acres 1 dwelling unit 111111 10.325 acres 2 dwelling units The single family residential sites will represent separate real estate ownerships from the remainder of the land. Uses permitted on the two single-family residence sites, in addition to single-family residences, include field crops, horticulture, fruit and nut production, forestry, and non-commercial poultry, horses and cattle used solely by the residents. Should the present or subsequent owners of the single-family residential tracts with to subdivide or develop the tracts for uses other than those set forth above, detailed development plans shall be submitted to the County in accord with the provision set forth in Section 24 of the Collier County Zoning Ordinance, entitled CHANGES • IN THE DEVELOPMENT PLAN, as amended. — 9— • 007 rug 32 S V PARCEL 9 The 10.69 acre site, shown as Parcel 9 on Exhibit 'B', representing 4.9% of the gross • • project area, is a separate entity from the land included in the club, golf course, and apartment sites. This site is owned by the E. H, Fronk family, and is not included in the land area leased to the project developers. Specific development plans for Parcel 9 have not yet been settled upon. It is Intended that Parcel 9 be utilized for a use or uses which will be fully compatible with the remainder of the project development. It is hereby committed that prior to development of Parcel 9, detailed development plans shall be submitted to the County in accord with the provisions set forth in Section 24 of the Collier County Zoning Ordinance, entitled CHANGES IN THE DEVELOPMENT PLAN, as amended. At the time of this future Parcel 9 site plan submission, a new public hearing shall be held, at which time the site plan will be reviewed as to drainage, rood access, parking, setback, overall sign plan, landscaping, and such other items determined to be appropriate. • VI THE GOLF CLUB a. Facilities. The initial golf clubhouse development will consist of a 2-story structure containing approximately 14,400 sq,ft, of floor area, On the lower level shower and locker room facilities for men and women, and a cart storage facility will be developed, . while the upper floor will house the pro shop, offices, club, dining and lounge area. At such time as a majority of the apartments are developed and occupied, and club members have assured management of the club, said members will determine whether and to what extent clubhouse area and facilities expansion shall occur. b. Membership. since the golf course will be In play well before a high percentage of the planned apartment units are built, it is contemplated that, initially, short term club memberships will be sold. These memberships will be for a term of one year, , - 10- E,oK 007 rut; 33 renewoble at the option of the development organization. As apartment units are con- structed and sold, their buyers will purchase permanent club membership, and a like e number of term memberships will be permitted to expire, insuring that total club membership at all times is limited to a maximum of 300 families, It is the development organization's objective to limit permanent club membership to apartment owners,. It is possible however, that circumstances will result in a few apartment owners who do not wish to be club members, and in this event club memberships may be sold or leased to persons other then project residents, so long as club membership does not exceed 300, c. Parking. Offstreet parking needs at the golf club will be greatest after the course ,..e''* ' has been developed and before many apartment units have been constructed, since at that time there will be a high proportion of non-resident term memberships, with all golfers holding such memberships arriving at the club by automobile. As time passes and the proportion of project resident/club members rises, club members will Increas- ingly travel to the golf club from their apartment by golf cart, resulting in a decline in offstreet parking space needs. At the time of initial club development, 100 permanent offstreet parking spaces will be constructed at the club. Additionally, • grossed offstreet parking areas on the extensive club grounds will be provided as re- quired to insure an adequacy of parking spaces completely off of the project roadways. After the overall project is completed, should there be evidence that permanent parking spaces in addition to the initial 100 are needed, the additional amount needed will be constructed. VII OPEN SPACE AND RECREATION AREAS a. Description. Open spaces and recreation areas include the following:the centrally located club facility which will offer varied indoor and outdoor recreation activities and • whose site will accommodate the addition of recreation facilities from time to time as determined by club members; the 18-hole golf course; two tennis courts; the grounds immediately around - 11 - c-:t: 007 tAcE 34 11111 the multi-fomily structures, wherein pools and other appropriate residential recreation facilities will be established; the extensive man-made waterbodies which lie partially in and partially out of the golf course; and the preserved natural wooded area. The open spaces and recreation areas are hereby identified on the development plan marked Exhibit 'A'. • b. Ownership. The open spaces and recreation areas ore to be commonly owned (actually leased for 99 years). . c. Maintenance. The common areas will initially be managed and maintained by the development organization, with management and maintenance responsibility shifting to a club member/apartment owner organization when 75% to SO% of the 300 dwelling units have been developed and are occupied. Condominium apartment Articles of Incorporation and By-Laws, and Club By-Laws, to be established in advance of any apartment sales, will require payment of monthly dues and fees which will fund all • management and maintenance activities within the project. A maintenance and storage area has been designated adjacent the north project boundary, 1 , just east of Parcel 9. Equipment sheds, open storage, equipment maintenance and the like, will take place at this facility. The entire facility will be surrounded with a 10 ft. high chainfink fence which will be shrub covered so as to provide a complete visual screen • • around the maintenance facility. Two gated openings into the facility will be developed; one permitting vehicular entry from Frank Road, the second permitting access onto the golf course d. Open Space per Dwelling Unit, Deleting Parcel 9 from the total acreage leaves 207,949 acres. Approximately 10 acres will be covered by buildings or paved for drives and parking. Thus, the amount of golf course, other recreation areas, lakes, _ _ landscaped grounds, and natural wooded areas per dwelling unit is 28,742 sq. ft. - 12- 11111 MAC 007 ?ICE 3 I • VIII DEVELOPMENT PHASING Phase I will include the complete golf course and lake system, the club house, and the apartment structures in Parcels 4 and 5. Subsequent apartment development timing will be dictated by market response, with apartment development sequence occurring in the various parcels as follows: Parcel 2, 8, 7, 3. IX CONSTRUCTION PLAN APPROVAL All detailed developmont plans, including but not limited to site preparation plans, building construction plans, landscaping plans and utilities installation plans, shall be submitted to and approved by the County Planning Director prior to initiation of any site preparation or construction activity. The Planning Director shall review the • detailed plans and insure that they fully comply with the approved overall development • plon. X UTILITIES • The project will be served by approved central water and sewer utilities, and by • underground electric, telephone, and television service. Easements for these under- ground installations will follow the rood system in the development plan, as required by the various utility companies. XI WATER MANAGEMENT The basic water management strategy involves development of a system of lakes into which surface water runoff will be directed. The lakes will interlock with each other and each will hove a controlled outlet structure. The lower lakes, when overtopped, will spill into the natural lawlonds in the forested drainage basin bottom area. The lake system is so designed that less surface waters will run off the property after de- velopment than is now the case. Three of the golf holes, lying in the lower portion of the property, are to be slightly raised so as to be playable most of the time, but • — 13— . tp% 007 rE �s scan - `- • these holes will flood during heavy rains and will thus be out of play while they ore functioning as port of the surfoce water storage area. Waters moving from higher elevation to lower elevation lakes will puss through pipes or shallow wet weather swales in the higher portions of the property, and will meander as sheet flow through the natural, undisturbed wooded areas in the lower portions of the property. For those building sites wherein natural ground elevations ore not higher than the design flood elevation, the building site and odjoining drive and parking areas will be raised, utilizing fill material extracted from the system of lakes to be constructed within the property. Detailed water management plans hove been submitted to the County staff, County Water Management Board, and the County Environmental Advisory Council. The Water Management Board voted its approval of the water management plan on January 11, 1973. The Environmental Advisory Board voted its opproval on December 22, 1972. The water management plan is shown on Exhibit 'D'. As requested by the County Engineer, a lake monitoring program will be established by or under the direction of the U. S. Geological Survey, with the data and conclusions produced by the monitoring program to be furnished to the County Engineer. The project sponsors will underwrite the cost of this lake monitoring program and, should program results determine the necessity to modify the size of a lake cr-hu!ces or to undertake other specific water management activities, such lake modifications and/or water management actions will be occomplished as a project expense. • — 14— exx 007 nu 37 • LEGAL DESCRIPTION The following legal descriptions are matched to the various Wilderness Golf and Country Club parcels shown on the boundary and parcel mop, Tri-County Engineer- ing, Inc,, D-1-2515-28 Rev. A, dated 10-23-74, i PARCEL 1 A portion of Lots 20, 21 and 22, Naples Improvement Co's. Little Farms, more particularly described as follows: From the Northwest corner of Lot 22, NAPLES IMPROVEMENT CO'S. LITTLE FARMS, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, run •N 89°27 '29"E, along the North line of said Lot 22, for 516.93 feet; thence run S 00°32 '31 "E, for 224.49 feet to the POINT OF BEGINNING; thence S 73°24' 16"E, for 454.92 feet- thence S O1°19 '26"E, for 150.00 feet thence 5 53'25147"W, for 148.20 feet; thence S 31b35'48"W, for 185.84 feet; thence S 89°59'35"W, for 261 .07 feet; thence N 04°07 '40"E, for 527.92 feet to the POINT OF BEGINNING; Containing 4. 145 Acres. PARCEL 2 • A portion of Lots 19, 20 and 21, Naples Improvement Co's. Little Farms, more particularly described as follows: • From the Northwest corner of Lot 22, NAPLES IMPROVEMENT • CO'S. LITTLE FARMS, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, run N 89°27 '29"E, along the North line of said Lot 22, for 986.77 feet; thence run S 00°32 '31 "E, for 513.64 feet to the POINT OF BEGINNING; thence N 31°38'34"E, for 45.00 feet. thence S 58°21 '26"E, for 220.00 feet• thence S 31 38'34"W, for 510.00 feet• thence N 58'21 '26"W, for 220.00 feet; thence N 31°38 '34"E, for 465.00 feet to the • POINT OF BEGINNING; Containing 2.576 Acres. • am( 007 rAcE �:8 • PARCEL 3 A portion of Lots 17, 18 and 19, Naples Improvement Co's. Little Farms, more particularly described as follows: From the Northwest corner of Lot 22, NAPLES IMPROVEMENT CO'S. LITTLE FARMS, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, run N 89°27'29"E, along the North line of said Lot 22, for 20.00 feet; thence run S O1°19'26"E, parallel with the West line of said Lot 22, for 1248.98 feet; thence run N 88°40'34"E for 395.43 feet to the POINT OF BEGINNING; thence N 52°41 '46"E, for 132.00 feet; thence S 49°07'56"E, for 186.45 feet; thence S 07°26' 12"W, for 455.83 feet; thence N 82°21 '36"W, for 248.20 feet; thence N 05°40'02"E, for 131 .64 feet; thence N 22°37' 12"E, for 130.00 feet; thence N 01°05 '28"W, for 210.04 feet to the POINT OF BEGINNING; Containing 2.799 Acres. - • PARCEL 4 A portion of Lot 21, Naples Improvement Co's. Little Farms, more particularly described as follows: From the Northwest corner of Lot 22, NAPLES IMPROVEMENT CO'S. LITTLE FARMS, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, run • N 89°27 '29"E, along the North line of said Lot 22, for 1571 .67 feet; thence run S 00°32'31"E, for 355.64 feet to the POINT OF BEGINNING; thence N 88°40'34"E, for 500.00 • feet- thence S O1°19'26"E, for 300.00 feet- thence S 88'40'34"W, for 500.00 feet; thence N 01'19'26"W, for 300.00 feet to the POINT OF BEGINNING; Containing 3.444 • Acres. PARCEL 5 A portion of Lots 17, 18, 19, 20 and 21, Naples Improvement Co's. Little Farms, more particularly described as follows: From the Northwest corner of Lot 22, NAPLES IMPROVEMENT CO'S. LITTLE FARMS, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, run N 89°27'29"E. along the North line of sal-d Lot 22, For 1571 .67 feet; thence run S 00°32'31 "E, for 355.64 feet; thence run S O1°19'26"E for 300.00 feet to the POINT OF BEGINNING; thence N 88°40'34"E, for 500.00 feet; thence S O1°19'26"E, for 1080.00; thence S 88°40'34"W, for 500.00 feet; thence N 01°19'26'.'W, for 1080.00 feet to the POINT OF BEGINNING; Containing 12.397 Acres. 446K 00t7 rum 39 • • . PARCEL 6 • A portion of Lots 14, 15 and 16, Naples Improvement Co's. Little Farms, more particularly described as follows: From the Southwest corner of Lot 12, NAPLES IMPROVEMENT CO'S. LITTLE FARMS, as recorded in Plat Book 2, Page 2, • Public Records of Collier County, Florida, run N 89°26'51"E, along the South line of said Lot 12, for 20.00 feet; thence run N 00°39'49"W, parallel with the . West line of said Lot 12, for 1347.02 feet; thence run N 89°20' 11"E, for 543.22 feet to the POINT OF BEGINNING; thence N 71°20'54"E, for 285.97 feet to a Point of • Curvature; thence 292.80 feet along the arc of a curve, concave to the Southwest, having a radius of 190.00feet and subtended by a chord having a length of 264.67 feet and bearing S 64°30' 16"E to a Point of Tangency; thence S 20°21 '26 'E, for 444.03 feet- thence S 82 17' 171'W, .for 491 .23 feet; thence N 19°22'46"W, for 535.00 feet to the POINT OF BEGINNING; Containing 6.180 Acres. PARCEL 7 A portion of Lots 13, 14 and 15, Naples Improvement Co's. Little Farms, more particularly described as follows: From the Southwest corner of Lot 12, NAPLES IMPROVEMENT CO'S. LITTLE FARMS, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, run - N 89°26'51 "E, along the South line of said Lot 12, for 20.00 feet; thence run N 00°39'49"W, parallel with the West line of said Lot 12, for 1347.02 feet; thence run N 89°20' 11"E, for 543.22 feet; thence run S 19°22'46"E, for 535.00 feet to the POINT OF BEGINNING; thence N 82°17' 17"E, for 491 .23 feet; thence N 20°21 '26"W, for 444.03 feet; thence S 74°03'56"E, for 325.60 feet; thence S 14°40'11"E, for 160.00 feet• thence S 31°58'27"E, for . 359.85 feet; thence S 19°07'54"W, for 383.58 feet; thence S 87°31 '47"W, for 308.90 feet; thence N 74°19'26"W, for • 330.00 feet; thence N 19°22 '4e;"W, for 375.00 feet to the POINT OF BEGINNING; Containing 10.427 Acres. • DOCK 007 ea 40 • 1. PARCEL 8 A portion of Lots 12, 13, 14, 15 and 16, Naples Improvement Co's. Little Farms, more particularly described as follows: From the Southwest corner of Lot 12, NAPLES IMPROVEMENT CO'S. LITTLE FARMS, as recorded in Plat Book 2, Page 2, • • Public Records of Collier County, Florida, run N 89°26'51 "E, along the South line of said Lot 12, for • 20.00 feet; thence run N 00°39'49"W, parallel with the West line of said Lot 12, for 1240.34 feet; thence run N 89°20' ll"E for 1699.52 feet to the POINT OF BEGINNING; thence N 76°49' 10"E, for 371 .26 feet; thence N 16°49'54"E, for 394. 15 feet; thence N 87°41 '57"E, for 222.21 feet; thence S 11°38'04"W, for 722.38 feet; thence S 03°00'00"E, for 353.34 feet; thence S 10°34'31"E for 392.46 feet- thence S 86°44 '36"w, for 369.95 feet; thence N 15°19'45"W, for 1033. 12 feet to the POINT OF BEGINNING, Containing 13 .067 Acres. PARCEL 9 A portion of Lots 12, 13 and 14, Naples Improvement Co's. Little Farms, more particularly described as follows: From the Southwest corner of Lot 12, NAPLES IMPROVEMENT CO'S. LITTLE FARMS, as recorded in Plat Book 2, Page 2, Public Records of Collier County, Florida, run N 89°26'51 "E, along the South line of said Lot 12, for 20.00 feet; thence run N 00°39'49"W, parallel with the West line of said Lot 12, for 10.00 feet to the POINT OF • BEGINNING; thence N 00°39'49"W for 1000.00 feet• thence N 89°20' ll"E, for 196.54 feet: thence S 30°28'42r'E, for 515.03 feet; thence S 00°33 '09"E, for 554.02 feet; thence S 89°26'51"W, parallel with and 10.00 feet Northerly of the • South line of said Lot 12, for 451 .54 feet to the POINT OF BEGINNING; Containing 9.075 Acres. Subject to an access easement over and across the Southerly 20 feet thereof. • 60:x 007 PAZ AI GOLF COURSE PARCEL All of Lots 12 through 22, Naples Improvement. Co's, Little Forms, as recorded • in Plot Book 2, Poge 2, Public Records of Collier County, Florida, less and exceot the Westerly 20,00 feet thereof and less and except the Westerly 1500.00 feet of the Southerly 10.00 feet of sold Lot 12, and also less and except the previously described parcels 1 through 9, containing 157.759 acres net. Subject to easements and restrictions of record. snit G07 FADE Q • DATE: February 1, 1977 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: BY: W I; J. A AN, CL RK CLIFF WENZEL, RMAN a J : .L APPROVE AS TO FORM AND LEGALITY r •*r A. PICKWORTH, COUNTY ATTORNEY I This ordinance filed with the Secretary of State's office the 7th day of February, 1977 and acknowledgment of that filing received this 10th day of February, 1977. By • eputy e� • SOCK 007 Au 43 Exhibit " 0 " -71 • t 11 �•+ 1 i N. �} t . i • I 0 ' ..`s. r . t1Air ., r.'Md, w ''`• .mil_ _� •w 7 v.` „� `'l� *. a . •Gr r ° ", , , O i a o CD f '}. .J f ;s+1rC.`t...11...... 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