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Backup Documents 09/10/2008 R Item #7A b. The members of the BZA then make their individual ex-parte disclosures. All communications must be disclosed including letters, e-mails, phone calls, and meetings. Any personal investigation, such as a site visit, must also be disclosed. The subject matter of the communication and the identity of the person, groups or entity with whom the communication took place are all part of the disclosure. This applies to all communications that took place even before the appeal was filed. These disclosures must be made at the beginning of the hearing. The BZA must give any person who wishes to question its members concerning the ex-parte disclosure the opportunity to ask questions of it. This right may be waived by a failure to ask questions of the Board. c. The presentation of the appeal should be as follows: I. The appealing party presents its case. The time limit is one hour. This time limit includes any presentation by an expert witness. a) The Zoning Director may question the appealing party and/or any of its experts. The time limit is 10 minutes. b) The property owner who agrees with the interpretation may question the appealing party or any of its experts. The time limit is 10 minutes. II. The property owner in agreement with the interpretation presents its case including the testimony of any expert witnesses. The time limit is one hour. a) The Zoning Director may ask questions. The time limit IS 10 minutes. b) The appealing party may ~sk questions. The time limit IS 10 minutes. Ill. The members of the BZA may ask questions at any time during the proceedings. It is suggested that there be no time limit to the BZA' s questions, subject, however, to the discretion of the Chair. IV. Interested members of the public may then speak. Time limits per speaker, including any cross-examination, is 3 minutes. The BZA should only give consideration to "public testimony" that is relevant to the issues being discussed. v. After Public Comment, in order, the Zoning Director, the property owner, and the property owner in agreement with the interpretation will each have 10 minutes to sum up. This summation could include any rebuttal. VI. Time limits may be extended at the discretion of the Chair. Page 2 of3 ". VIl. Upon conclusion of the public speakers' presentations, the BZA should close the public hearing and commence discussion. Vlll. Upon conclusion of the discussion, the BZA will make its motion, second and then vote. A simple majority is required to approve the motion. Pursuant to Section IO.02.02.F.5.b of the LDC, "The board of zoning appeals.. . shall adopt the. ..official's interpretation.. .with or without modifications or conditions, or reject his interpretation. The board of zoning appeals.. . shall not be authorized to modify or reject the. ..official's interpretation unless such board 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 Code . or the official zoning atlas, or building code, whichever is applicable. " 6. It must be noted that the appeal provision of the LDC does not contemplate providing for BZA revocation of any existing development approval. Attachments: Resolution Number 95M376 Resolution Number 98-167 Subsection lO.02.02F. of the LDC Page 3 of3 .{1:). /1.. . r)' ___ <....:.A..( C:.\.... tJ IJli rr;': L;<#.Gr;'; Craig and Amber Grider v. Collier County Appeal of Official Interpretation No. 2008-AR-12880 Petition No. ADA-2008-AR-13212, Olde Cypress - Lot 28 PROPOSED MOTION Based upon the evidence submitted, I move to overturn the Official Interpretation 2008- AR-12880, because: (a) The Zoning Director did not rely upon substantial competent evidence, but had been supplied with misinformation on relevant points. (b) The Official Interpretation IS inconsistent with the Land Development Code. In particular: (1) A 25 foot preserve construction setback has not always been in the LDC since 1991. (2) The LDC in 1999 had only platting or lot line setbacks from preserves and the 1999 LDC distinguished between a preserve and conservation area, and deferred to agency required buffering from the setback. (3) The conservation area in Olde Cypress contains both the preserve and an upland buffer or setback. The lots do not abut the wetlands preserve; they abut the buffer area. (4) The Grider house and others similarly situated are set back more than 25 foot from the wetland preserve, when the upland buffer is taken into consideration. (5) The County is estopped from changing the old interpretation as to grandfathered PUDs approved prior to June 2003 when the LDC was awarded. Those grand fathered PUDs are exempt from the new interpretation. P:\DOCS\25 190\00001 \DOC\13T8232.DO(~ proposed motion Craig and Amber Grider v. Collier County Appeal of Official Interpretation No. 2008-AR-I2880 Petition No. ADA-2008-AR-13212, OIde Cypress - Lot 28 FOUR INDEPENDENT REASONS WHY OFFICIAL INTERPRETATION MUST BE OVERTURNED I. Olde Cypress Grandfathered. Olde Cypress PUD was approved, platted and grandfathered under the old LDC rules and interpretation. The premise - that a 25 foot construction setback has been in the LDC since 1991 - is wrong. That new construction setback rule was adopted in 2003 and exempted prior platted developments. Prior rules dealt only with platted lot lines. 2. Houses are 25 Feet From Preserve. In any event, the Griders - and others - are more than 25 feet from the preserve. There is a difference between a Conservation Area and a Preserve Area. The premise - that the Grider lot abuts "preserve" - is incorrect and a change from prior interpretation. 3. Properly Permitted. Staff properly permitted and approved the Grider house under original rules and interpretation - as they have for all of Olde Cypress and 30 other grandfathered PUDs. No mistake. County and neighbors are estopped. 4. Single Family Exemption. In any event, single family residences are exempt from preserve setbacks. There is nothing ambiguous about the LDC - no "interpretation" can be made. CONCLUSION Change of "interpretation" is really a change of standards - to be applied only to PUDs after the 2003 LDC amendments. P:IDOCS\25190100001 IP1.Dll JT8127.DOC reasons to overturn ofticia\ interpretation Craig and Amber Grider v. Collier County Appeal of Official Interpretation No. 2008-AR-12880 Petition No. ADA-2008-AR-13212, Olde Cypress - Lot 28 INDEX TO AFFIDAVITS/STATEMENTS Tab Affidavits/Statements 1. W. Terry Cole 2. Keith Sowers 3. James D. Allen 4. Jay Westendorf 5. Douglas MacLaughlin 6. Karen Bishop 7. Ron Nino P:\DOCS\2519010000 1 lDOC113T9599.DOC Craig and Amber Grider v. Collier County Appeal of Official Interpretation No. 2008-AR-I2880 Petition No. ADA-2008-AR-132I2, Olde Cypress - Lot 28 AFFlDA VIT OF W. TERRY COLE STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared W. TERRY COLE, who first being duly sworn, states as follows: 1. My name is W. Terry Cole and I have personal knowledge of the facts contained in this Affidavit. 2. I am a professional engineer in the engineering firm of Hole Montes, Inc. 3. I was in charge of the Oide Cypress subdivision design and the application for Olde Cypress, Unit One and Olde Cypress, Unit Three subdivision plat approvals in 1999. 4. I am familiar with the way that the Olde Cypress PUD Document was written and the County requirements for the PUD approval and platting process at the time. 5. As stated in Paragraph 4.06 Native Vegetation Retention of the PUD document "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. This native vegetation retainage was in conjunction withJhe jurisdictional wetlands preservation required by the South Florida Water Management District and the Army Corps of Engineers. 6. Under the 1991 LDC applicable at the time, the County deferred to agency requirements as to wetlands and preservation setbacks. See a copy of the 1991 LDC attached hereto, and specifically Division 3.2. 7. This required that lot lines be set back 25 feet from any preserve, in which area no principal structures could be built. There was a proviso, however, that allowed this 25 feet to be satisfied by agency buffering instead. 8. The South Florida Water Management District and Army Corps of Engineers required a 25 foot buffering - on average - with no less than 15 feet. 9. The ban to construction in relation to preserves under the LDC was in this area between the wetlands preserve and the lot line - i.e. the uplands buffer. 10. Based upon the As-Built Survey by Rhodes & Rhodes Land Surveying, Inc., dated October 31, 2006, there is a minimum distance of 31' and a maximum distance of over 60' to the South Florida Water Management District wetland preserve line. II. At the time that the Olde Cypress PUD was going through the approval process, there were no other provisions dealing with further construction setbacks to preserves after platting. The County reviewed setbacks to preserve lines only during the platting stage and not during the later construction stage. Accordingly, once platted, there was no further preserve setback review. 12. In accordance with the County deference to agency requirements on environmental issues, the PUD Document (written by our firm) was written to defer to the approvals that we obtained through the South Florida Water Management District and the Army Corps of Engineers. In particular, Division 9.11 Environmental Stipulations of the PUD Document reads: 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.II-01232S. 2 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. 198990960lPMN. 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. 13. At the time that the Olde Cypress PUD was approved, there was no practice or requirement by the County to further deviate from LDC setback provisions to preserves. These were accomplished at the time of platting. The only setback preserves were contained in Division 3.9. 14. The manner in which the Olde Cypress PUD Document was written was typical ofPUD documents that were approved by Collier County at the time. 15. I am aware that there were certain amendments to the preserve setbacks that were adopted by way of Ordinance No. 03-27 and Ordinance No. 04-08 in the years 2003 and 2004. Those amendments to the LDC contain a specific exemption for final plats prior to June 16, 2003, which are not required to comply with the new regulations. These should not apply to Olde Cypress as it was a grandfathered PUD. 3 FURTIIER AFFIANT SA YITIlI NAUGHT. 1t{ 6 ~ W. TERRY OLE STATE OF FLORIDA COUNTY OF COLLIER ) ) ss. ) The foregoing Affidavit was sworn to, subscribed and acknowledged before me this 4th day of September, 2008 by W. Terry Cole, who Ii:] is personally known to me or, n has produced as identification. [SEAL] PIDOCS\25190100001IPLDlln0319.DOC affidavit terry cole .ktt'ttl Jd~ rMlf::/,$4UU!/UL. Notary Public, State of Florida Print Name: Paulette Debus Charbonneau My Commission Expires: ,>"11111,, PAULEnE DEBUS CHARBONNEAU .'ilm"'" p~> Notary PublIc - Slate 01 FIolIdo f. . .iMtCullullllk:lhSlpM0ec7,20C6 ~ ;/Ai Commilllon # 00346257 ''I:flvrlt,\~'''''' Bonded By NaIIonaI Notary Alan. 4 Craig and Amber Grider v. Collier County Appeal of Official Interpretation No. 2008-AR-12880 Petition No. ADA-2008-AR-13212, OIde Cypress - Lot 28 AFFIDAVIT OF KEITH SOWERS STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared Keith Sowers, who first being duly sworn, states as follows: 1. My name is Keith Sowers and I have personal knowledge of the facts contained in this Affidavit. 2. I am a builder with the firm of Stiles-Sowers Construction, Inc. 3. Our firm constructed the Grider home. 4. At the time that we were permitting and during the design phase, I received setback information from the County. 5. The County staff told us where to place the home on the Grider lot. 6. This setback and house location passed the County inspection on multiple occasions. 7. In particular, the lot line locations were reviewed during our application for a building permit. At that time, they were approved by the zoning department. A copy of the zoning approval on September 13, 2006 showing the setback approvals signed off by the Zoning Department is attached as Exhibit" I " hereto. 8. After the slab was formed, we were required to get what is called a "1O-day" as built survey. This is attached as Exhibit "2". The setbacks were again reviewed by the zoning department for a code compliance and once again approved on November 2, 2006. 9. This "I O-day" as built survey was a requirement by the County before the building goes "vertical" to avoid any mistakes. This was approved on November 2, 2006. 10. After receiving assurances that all setbacks were in compliance with the LDC, we went forward and built the house. II. At no time were there complaints raised by anyone until after the house was built. The first complaint that we received was during the landscaping phase of construction. FURTHER AFFIANT SA YETH NAUGHT. _~9--~) KEITH SOWERS STATE OF FLORIDA ) ) ss. ) COUNTY OF COLLIER [SEAL] NOTARY PUBlJC.STATE OF FLORIDA ,t"''''''\ Vicki L. Johnson {~,ColI!missiOn #DD686840 """11II"~ Expll'es: JUNE 18, 2011 BONPID TKRU ATLANTICBONDINGCO., me. me this I/-m rsonally known to m or, has The foregoing Affidavit was sworn to, subscribed day of September, 2008 by KEITH SOWERS, wh produced as identification. Notary PUbl\J te of Florida h Print Name: 14k4 L. -JO ()~I!) My Commission Expires: P:\DOCS\25190\OOOO IIPLDl13T0559,DOC affidavil keith sowm; 2 BUILOING DEPT. COPl, REVIEWED FOR CODE COMPLIANCE Zon~ng . 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Allen and I have personal knowledge of the facts contained in this Affidavit. 2. I am a home designer who works for the architectural firm which designed the Grider home. I coordinated with other professionals during this process. 3. During this process, I received setback assurances from County staff; from the developer, and from others. No one took the position that a 25 foot setback was required from the Conservation Area line. 4. It is my understanding that these setbacks on the Grider house complied with LDC requirements in place at the time the Olde Cypress development was approved and platted. This is now grandfathered. FURTHER AFFIANT SAYETH NAUGHT. ~~ JAMES D. AlLEN STATE OF FLORIDA ) COUNTY OF COLLIER ) ss. ) The foregoing Affidavit was sworn to, subscribed e me this gth day of September, 2008 by JAMES D. ALLEN, w personally known to me or has produced as identification. ~ [SEAL] NOTARY PUBLlC-5TATE OF FLORIDA ~"".. Vicki L. Johnson _'Commission #DD686840 ......,,;/ Expires: JUNE 18, 2011 BONDED THRU ATLANTlCBONDINQ co.,Dfc' P:IDOCS\251901OO00 lIPLD\13T0569.DOC affidavitjames alien Notarypubrc, teofFlorida I Print Name: I ~n() My Commission EXPire(j~ I II Craig and Amber Grider v. Collier County Appeal of Oftieial Interpretation No. 2008-AR-I2880 Petition No. ADA-2008-AR-13212, Olde Cypress - Lot 28 AFFIDAVIT OF JAY WESTENDORF STATE OF {! 4t.../ r/)!!tVl/J COUNTYOF Los 4NG~LE;S BEFORE ME, the undersigned authority, personally appeared JAY WESTENDORF, who first being duly sworn, states as follows: I. My name is Jay Westendorf and I have personal knowledge of the facts contained in this Affidavit. 2. I am an engineering Project Manager who was with the firm of VanasseDaylor during the period of August 1998 to August 2008. I also was with the firm of Butler Engineering for seven years prior to that. Both of these firms have been active for many years working with Collier County in obtaining PUD permitting. platting approvals, and associated land development entitlements. 3. I am familiar with the manner in which Collier County has handled PUDs and plats over many years, including before and after certain amendments to the LDC in 2003/04. 4. I have reviewed the Olde Cypress PUD file and the various PUD and plat approvals. 5. At the time that the Olde Cypress PUD was approved, the 1991 LDC was in effect. The only setbacks to preserves that were required under the 1991 LDC involved lot location lines or platting setbacks. 6. After plats were approved, there was no further review required in the County for construction setbacks. When the lot lines were set, the construction setbacks of the homes to preserves were established. These established lines were verified during the building permit process and cross-checked in the 10-day spot survey process. 7. In 1999, when the Olde Cypress PUD was approved, the lot location setbacks were 25 feet from preserves unless the setbacks were accomplished through agency buffering. The agency buffering was established in permitting with the U.S. Army Corps of Engineers and the South Florida Water Management District Their regulations provide for 25 foot buffer or setback - on average - with no less than 15 feet minimwn. Further, their regulations do not require any additional setbacks from the buffers - that would be redundant to the buffer purpose. 8. I reviewed the platting for the 0100 Cypress PUD. At the time that the plat was approved, there were a nwnber of other documents submitted to the County for review and approval. These included the South Florida Water Management District permits and plans and various other construction drawings which delineated the difference between the uplands buffer and the wetlands preserve. The Oloo Cypress plat contains only the line of the Conservation Area The Conservation Area contains both the uplands buffer and the wetlands preserve. 9. I have reviewed docwnents prepared by the Engineer of Record for Olde Cypress Unit 3 that depicts the measured dislance between the Grider house and the wetlands preserve. The Grider house is more than 25 feet away from the wetlands preserve, as shown on said docwnents. 10. I have reviewed the site construction (PPL) drawings approved by Collier County for Olde Cypress Unit 3. Those drawings depict fill being permitted to be placed up to the rear lot line for the Grider lot. This is consistent with the LDC in place at the time of that approval. FURTHER AFFIANT SA YETH NAUGHT. ~)/ -:J4-y WGSTENPO.e.p 2 State of California County of Ln.:.. ..4ft~/<!=c;. Subscribed and sworn to (or affirmed) before me on this f2b.- day of ~fit!"'l:.=r, 20~ by lffl y WF.<; T 1;: A1~ () k' F , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me, ~ Ccl.... .i1111aa3O "'::--::... f ~ lcoMgolooCounly - ( S eat) MIl Cornn. .....Ml6, ,. Signature f).Il, IJ)a'"l? Jay A. Westendorf Pri nci pa I Mr. Westendorf has over 24 years of project management and infrastructure design and permitting for a broad range of com- plex residential, commercial, and institutional projects in South- west Florida. He has special emphasis and expertise with GIS mapping and analysis and IT administration. Representative Projects: Cocohatchee, Collier County, Fl * Zoning, planning and infrastructure permitting for 532 acre environmentally sensitive hi-rise and golf course community. Project included state and federal permitting for Bald Eagle. Reflection Lakes, Collier County, Fl * Site design and permitting for a 204 acre, 600 unit residential community with multiple phases and plats. Summit Lakes, Collier County, FL * Permitting for a 900-unit 135 acre townhouse community Moraya Bay, Collier County, FL * Site design and permitting for 72 unit luxury residential tower projecl on Vanderbilt Beach, Woolbright Collection @Vanderbill, Collier County, Fl * Engineering and permitting services for 30 acre, 250,000 sf commercial development. Saundry Burnt Store Road, Charlotte County, FL * Permitting and zoning services for 265 acre project. Krehling Industries, FL * Design and pennitting for existing and proposed concrete batch plants in Lee, Collier, Charlotte and Glade Counties for compli- ance with FOE? and EPA industrial wastewater discharge regu- lations. Parker Daniels, City of Fort Myers, FL * Annexation, off site utilities extensions, and water management design for a 440 acre master planned community. * Indicates work. at a previous firm Omega Consulting Group EOUCATION: Pre-Engineering COE College. Cedar Rapids, Iowa REGISTRATIONS: Professional Engineer Massachusetts #45215 AFFILIATIONS: National Society of Professional Engineers (NSPE) American Society of Civil Engineers (ASCE) Florida Engineering Society (FES) Real Eslate Investment Society (REIS) Urban Land Institute (ULI) Transportation and Development Inslilule (T&DI) Craig and Amber Grider v. Collier County Appeal of Official Interpretation No. 2008-AR-12880 Petition No. ADA-2008-AR-13212, Olde Cypress - Lot 28 AFFIDAVIT OF DOUGLAS MacLAUGHLIN STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared DOUGLAS MacLAUGHLIN, who first being duly sworn, states as follows: l. My name is Douglas MacLaughlin and I am on staff with the South Florida Water Management District. 2. I had the Olde Cypress development in Collier County reviewed by the District field staff for compliance with South Florida Water Management District permits, including its environmental resource permit. 3. When Olde Cypress was approved, the regulations of the District generally provided that a 25 foot uplands buffer be maintained abutting a wetlands preserve. This was an average of 25 feet with a minimum of 15 feet. These regulations are still in effect. 4. The purpose of the buffer is to address secondary impacts to habitat functions of wetlands associated with adjacent upland activities. 5. The District requires a Conservation Easement over wetland preserves and wetland mitigation and buffer areas when issuing environmental resource permits. 6. Our records show that the Olde Cypress PUD development is in compliance with the environmental resource permit requirements. FURTHER AFFIANT SA YETH NAUGHT. l~~ / STATE OF FLORIDA ) (J t"t t..r'\".. ) ss. COUNTY OF eoLLIER1>~~ ) The foregoing Affidavit was sworn to, subscribed and acknow~ed before me this 1fL' day of September, 2008 by DOUGLAS MacLAUGHLIN, who r.frSPersonally known to me or, o has produced as identification. ~!f' ~E.~iLla Moree f ,";. Commission # 00659957 ... A expires AugU1126, 2010 ~~ot ~'IMlIItIT.,~,,,,,,,'Ir\t. ..-7011 ....4au/a --rr}~ N~tary Public, ~ of Florida H PnntName: U/-/-J ore.. ee My Commission Expires: o~c;//O P:\DOCS\25190100001IPLD\13T0586.DOC affidavit mclaughlin 2 Craig and Amber Grider v. Collier County Appeal of Official Interpretation No. 2008-AR-12880 Petition No. ADA-2008-AR-13212, Olde Cypress - Lot 28 AFFIDAVIT OF KAREN BISHOP STATE OF FLORIDA COUNTY OF COLLIER BEFORE ME, the undersigned authority, personally appeared KAREN BISHOP, who first being duly sworn, states as follows: I. My name is Karen Bishop and I have personal knowledge of the facts contained in this Affidavit. 2. My educational background is: . B.S. Degree in Business Management with a minor in Civil Engineering. 3. My work experience is: . 25 years of experience in Land Development with the emphasis on Project Management, Acquisition Feasibility Master Plan Design, Infrastructure Design, Zoning and Development Order Entitlements, Environmental Permitting, Local, State, and Federal Consultant Management. . 15 years as President of PMS, Inc., a consulting company located III Naples, Florida. . 2 years as Director of Development for Community Development Corporation, managing the master planning and directing consultants in the design and permitting processes for 1500 units at their various projects. . II years of career experience includes working as a project manager, design engineer, and production technician for engineers and architects. . PMS Inc. represents clientele of development interests, coordinating the team of professionals necessary to complete development projects from acquisition due diligence to final acceptance of construction, including representation of client and client issues to local, state and federal agencies, with the majority of projects being in Southwest Florida and Collier County. . PMS Inc. has also provided expertise for the Department of Environmental Protection and South Florida Water Management for their respective land acquisition programs. 4. My representation of clients include: . The Dunes, Cocohatchee, The Vanderbilt, Dunes Beach Club, Moraya Bay, L'Ambiance, Tarpon Cove, Crown Pointe, East Crown Point, The Pointe, Breakwater, Lake Avalon Signature Communities Zoning Entitlements, Design & Project Management, Environmental & Development Permitting, Consultant Management Naples, Florida 24 year affiliation . Bayside, Lake Avalon Commercial, Veterans Medical, Orange Blossom Commercial, Temple Citrus Orange Grove, Pulling Park Temple Citrus/Pulling Family Zoning Entitlements, Design & Project Management, Environmental & Development Permitting, Consultant Management Naples, Florida 14 year affiliation . Krehling Industries - 16 Concrete Plants in 4 Counties Zoning Entitlements, Design & Project Management, Environmental & Development Permitting, Consultant Management Naples, Florida 14 year affiliation . Parker Lakes, Parker Daniels, Parker Poinciana, Parker Desoto Acquisition Feasibility, Zoning Entitlements, Design & Project Management, Environmental & Development Permitting, Consultant Management Jack Parker Corporation Naples, Fort Myers, Orlando, Desoto County 9 year affiliation . Banyan Woods, Egret's Walk, Abaco Royal Palm Builders Zoning Entitlements, Desil:,'1l & Project Management, Environmental & Development Permitting, Consultant Management Naples, Bonita 9 year affiliation . Carlton Lakes, Mirasol 2 Zoning Entitlements, Design & Project Management, Environmental & Development Permitting, Consultant Management Claussen Companies Naples, Florida 11 year affiliation . Golden Gate Fire Department Zoning Entitlements, Environmental & Development Permitting Naples, Florida 8 year affiliation . Pelican Strand Zoning Entitlements, Design & Project Management, Environmental & Development Permitting, Consultant Management Naples, Florida 4 year affiliation ,5. This experience has given me expertise III all aspects of land development permitting in Collier County and I am familiar with the many PUD approvals throughout the County. I have the experience and expertise needed to know how the County has historically handled PUD and preserve setbacks both before and after certain LDC amendments in 2003/04. 6. I have reviewed Susan Istenes' Official Interpretation with regard to preserve setbacks at the Olde Cypress development. 7. Although there are portions of Mrs. Istenes' opinion that I concur with, as it applies to the Old Cypress, I disagree with her. 8. Mrs. Istenes states in her Official Interpretation that construction setbacks to preserves have always been in the LDC since 199 I. Accordingly, Mrs. Istenes opines that the Olde Cypress PUD Document should have specifically spelled out a deviation from the construction setbacks found in the LDC although those deviations weren't necessary since the staff opined to the jurisdictional agencies as defined in the GMP and the Platting Section of the LDC. 9. What Mrs. Istenes does not distinguish, is that during that time the permitting of 3 Olde Cypress and many others, development projects fell into three categories. A) If development parcels were less than 40 acres without jurisdictional wetlands, then the county was the primary responsible agency who then applied the referenced preserve setback to the native vegetation retention requirements; B) If development parcels were larger than 40 acres without jurisdictional wetlands, the South Florida Water Management District reviewed and permitted them for the surface water system compliance and then the county again became the primary responsible agency for the native vegetation retention requirements again applying the referenced preserve setback; and C) If a project had wetlands regardless of the size, it was specifically permitted by the South Florida Water Management District and possibly the Army Corps of Engineers, the County staff opined to the agency permits with respects to preserve and buffers. 10. The information supplied to Mrs. Istenes by her staff does not provide a complete picture of the environmental permitting policy of the time, The ConstruCtion setbacks to preserves as mentioned by staff were not initiated by Collier County until 2003/04. Prior to that, the only setbacks to preserves found in the LDC were in Division 3.2 dealing with subdivision and platting. This provided that lot Jines on plats had to be setback 25 feet from any preserve areas and in the area between the lot line and the preserve line there could be no construction. II. However, the 1991 LDC also had a proviso that if there was agency jurisdiction, the setbacks could be accomplished through buffering required by the agency which is how I permitted all of my projects with agency jurisdiction. 12. The South Florida Water Management District and the u.s. Army Corps of Engineers allowed the 25 foot setback to be an average, with a minimum of 15 feet, although there are rare instances where the agencies have allowed even less. Accordingly, the County 4 also allowed the 25 foot setback for the lot line location also to be an average. The rationale for the average was to obtain a platted lot line which is easily surveyed and maintained. 13. The 1991 LDC also differentiated between conservation areas and preserve areas. They are not the same and were always considered to be different in the 1991 LDC. Under South Florida Water Management District's rules, they require a conservation easement over both the uplands buffer (setback) and the jurisdictional wetlands preserve. 14. In the case of Olde Cypress, the Conservation Area shown on the plat contains both a wetland preservation area and the required buffering or setback from the lot line to the preserve. Other documents provided and approved by the County show this delineation. 15. After Olde Cypress plats were approved, further review of construction setbacks to preserves was not required. Construction setbacks to preserves were built into the buffering between the wetland preserves and the lot line location on the plat. 16. These LDC provisions were modified in 2003/04 in Ordinance No.'s 03-27 and 04-08. 17. The Olde Cypress is a grandfathered PUD. The Olde Cypress PUD Document could not spell out specifically any deviation from construction setbacks to preserves because those provisions did not exist at the time. The Plat was recorded in 1999. The revision to the LDC in 2003 which required a setback for principal structures of 25' from a preserve line specifically exempted existing approved Plats as per Section 3.9.5.5.6.6, now 3.05.07.H.4.b. 18. I also believe that it wasn't necessary for Mrs. Istenes to provide a new interpretation as to the exemption for single family developments. In my opinion, this language of the LDC amendment is clear and unambiguous, and does not need any further interpretation. 5 FURTHER AFFIANT SA YETH NAUGHT. ( c( it,} , ,tJ l '..j . , KAREN BISHOP /~ . / STATE OF FLORIDA ) ) ss. ) , \ ; ~ COUNTY OF COLLIER The foregoing Affidavit was sworn to, subscribed and acknowledged befi~me this ~ day of Sept~mb~r, 2008 by Karen Bishop, who [J is personally known to me or", has produced 1\, rihd'c.. L1r~as identification, [SEAL] No ublic, State of Florida Print Name: AMY L, PEsceno My Commission Expires: ,.,;:.~~.I;i,~~~~g;f~J~~: 6 Craig and Amber Grider v. Collier County Appeal of Official Interpretation No. 2008-AR-12880 Petition No. ADA-2008-AR-13212, Olde Cypress - Lot 28 AFFIDAVIT OF RON NINO STATE OF FLORIDA COUNTY OF COLLIER ) ) BEFORE ME, the undersigned authority, personally appeared RON NINO, who first being duly sworn, states as follows: 1. My name is Ron Nino and I have personal knowledge of the facts contained in this Affidavit. 2. I worked for Collier County from 1988 until the year 2000. The position that I held in 1999 was Current Planning Manager. As such, I was responsible for the review of the Olde Cypress PUD. Susan Istenes worked under my supervision as a planner at the time. 3. At the time that the Olde Cypress PUD was approved in 1999, the only provision in the 1991 Land Development Code dealing with setbacks to preserves was found in Div. 3.2- subdivision and platting. 4. Under this 1991 version of the LDC, there was deference to agency rules for buffering and preserve setbacks in platting. This carne into play if the development involved wetlands subject to the jurisdiction of the South Florida Water Management District and the U.S. Army Corps of Engineers. See, in particular, the 1991 LDC provisions, as follows: Section 3.2.8.3 - Required Improvements - Improvements were required in accordance with agency requirements. "Any required improvement shall be designed and constructed in accordance with the design requirements and specifications and the entity having responsibility for approval, including all federal, state, and local agencies. n Section 3.2.8.3.4 - Buffer Areas - This provided that buffers were to conform to requirements established by agencies as follows. "Buffer adjacent to protected/preserve areas shall conform to the requirements established by the agency requiring such buffer." Section 3.2.8.3.12 - This distinguished between preservation areas and conservation areas. The two were considered to be distinct and different. The dedication was in accordance with agency rules. "Parks, protected areas, preservation areas and conservation areas shall be dedicated and/or conveyed in accordance with applicable mandatory dedication requirements and regulations of federal, state, and local agencies." Section 3.2.8.4.7.3 - This dealt with preserve setbacks. The only provision was lot location on platting. This provided that lot lines had to be set back a minimum of 25 feet from the boundary of a protected/preserve area (not a conservation area). . . with the proviso that these setbacks could be accomplished through agency buffering pursuant to Section 3.2.8.3.4. "Any buildable ]ot.. . designated on...a p]at.. . shall be set back a minimum of 25 feet from the boundary of. . . protected preserve area in which no principal structure may be constructed . . . unless the above setbacks are accomplished through buffering pursuant to Section 3.2.8.3.4." 5. There were no further construction setbacks inside the lot lines found in the LDC. The only prohibition on construction in the LDC was in the area between the lot line and the preserve. 6. The O]de Cypress platted Conservation Easement contains both an uplands buffer or setback and a wetlands preserve. The wetlands preserve line was not required to be indicated or delineated on the plat. Rather, at the time, the County required only that the "Conservation Tract" be delineated on the plat. 7. In the case of Olde Cypress, there were other maps and improvement plans which were approved by the County at the time the plat was submitted. These other plans do delineate the wetlands preserve line, as opposed to the uplands buffer. Specifically, (a) the South Florida 2 Water Management District permit plans and (b) certain Clearing, Dimension, and Layout plans were approved by our department, along with the plat. These other documents supplement the plat and showed the delineation between wetlands preserve and the uplands buffer. It is in this buffer area that construction was prohibited. 8. The Olde Cypress lot lines on the plat are located 25 feet on average from the preserve, as was required by the South Florida Water Management District permits. 9. Under the 1991 LDC, after the Olde Cypress plats were approved for lot line location, no further review for housing construction setbacks to preserves was required by the County. The preserve setbacks were inherent in the lot location on the plats. It would have been redundant to have reviewed any further. 10. The Olde Cypress PUD document also contains a table of specific construction setbacks, none of which require construction setbacks of 25 feet from the Conservation Tract line. 11. After PUD and plat approval, the zonmg department of Collier County also reviewed plans for construction for setbacks. The review for the construction setbacks only involved the table in the PUD document itself. 12. In the year 2003/04, the County adopted Ordinance No. 03-27 and Ordinance No. 04-08. This did two things. First, it modified LDC Section 3.2.8.4.7, eliminating deference to agency buffering. It also, for the first time, provided for construction setbacks (inside lot lines) to preserves. See attached Ordinances No.'s 03-27 and 04-08, and amendments to Divisions 3.2 and 3.9. 13. However, these amendments also provided that grand fathered plats were exempt from the changes. 3 14. Since leaving the County, I have worked for an engineering firm which does development work with the County. I have been involved in projects grandfathered under the old rules. Because they are grandfathered, these projects have not been subject to the new rules adopted in 2003 as described above. 15. It has also been my understanding that single-family lots are exempt from the new rules, as well. See Ordinance No. 04-08 and the exemptions provided. 16. I have reviewed Susan lstenes' Official Interpretation in the above matter. I believe that she is mistaken. She has stated and is operating under a misunderstanding that construction setbacks to preserves were always in the LDC since 1991. That is not accurate. These construction setbacks were not adopted until 2003/04. When they were adopted, grandfathered PUDs and plats were exempted: "'/j FURTHER AFFIANT SA YETH ~~UG~K/ \~\ ", ~ \.>, ":---:-::::,. ", L-__._ I-.'~ , ""-- - U ON NINO STATE OF FLORIDA ) ) ss. ) COUNTY OF COLLIER The foregoing Affidavit was sworn to, subscribed and acknowledged befofme this !j1t day of September, 2008 by RON NINO, who [] is personally known to me or, as produced 1t- ~ \-~s identification. [SEAL] tate of Florida AMY L. PESCETTO P:IDOCS\2519010000 1 II' LOI13S8347, DOC affidavit ran nino ,.$;;f;;~', f.:'~':*1 ~~;'f;Rr;:&~~~~ AMY LYNNE PESCETTO MY COMMISSION # DO 367812 EXPIRES: November 1,1008 8ondadThr~Nolar/Pub;icUnd~rwri\erS 4 Ronald F. Nino, A1CP Senior Planner Mr. Nino has a broad profeasional background in land use plan- ning and related activities that include representing privare cli- entH in the approval of land development plans and associared regulations. This experience includes serving both public and private clients spanning more than forty (40) years of continu- ous planning practice in all aspects of collUnunity planning and developmenl Prior to bis position at v_ Daylor, Mr. Nino was employed by Collier County for 13 years at various levels of planning responsibility. On both the public and private sec- tor side he has been involved in the preparation of comprehen- sive plans, the development of land use regulations, plan amendments and the approval process attendant to various types ofland use applications to governmenl Representative Projects: The Loop, Charlotte County, FL 203 acre mixed-use retail, office, borel and residential develop- ment. Due Diligence and entitlement process, DRI, eomp plan amendment and rezoning. Cal00l8 Lakeo, Lee Ceunty, FL 196 acre mixed-use retail, office and residential development, rezoning. SaD Grato, CoWer County, FL 23 acre mixed-use retail, office and residential development. Due diligence, comp plan amendment and rezoning entitlement. Eotero Cl1IId.... Lee Ceunty, FL 34 acre shopping center, 1'e7.Oning entitlement. AIko CronlDg, Lee County, FL 33 acre shopping center, rezoning entitlement Central Park, Lee County, FL 10 acre mixed-use office and residential development, DRI amendment and 1'e7.Oning entitlement Vanasse _ Daylor EDUCATION: Diploma: Archirecture, Ryerson Polytechnicsl lnstiture (now Ryerson University) Toronto, Canada Bachelor of Science, Urban Planning Michiglll1 Sl81e University Master of Urban Planning, Micbiglll1 SUire University Msster of Science, Resource Development, Major Land Use Law Michigan SUire University Continuing Academic Credits Univ. of Wisconsin-Real EsUlre Feasibility and Markel Analysis Univ. ofWisconsin-Environmenlal Impact Slatements Mass. Institure ofTecbnology Program for Utban Executives Univ.ofMicbiglll1-Doctoral Studies in Public Admioistration (20 semester hrs) Lincoln Institute of Land Policy Mediating Land Use Dispures AFFILIA nONS: American lnstiture of Certified Planners (AlCP) UU o Memorandum To: Board of County Commissioners From: Susan M. Istenes, AICP, Director Department of Zoning and Land Develop Through: Joseph K. Schmitt, Administrator, CDES Date: March 17, 2008 Subject: Supplemental information related to the aide Cypress PUD Official Interpretation AR No. 12880 Notwithstanding my official interpretation regardin~e a licabili of the LDC I!e uir(>rl pr"."rve setbacks to the 01rle CY.l)ress PUD it~known that there are structures within this PUD and others which received building permit approval at setbacks less than 25 feet for principal structures and 10 feet or accessory s~!Ures espite ese preserve 'e bacrrequrrements for properties adjacent to preserve areas~eve that the setbacks to preserves, although required, were not uniformly applied by the developer when sighting individual single family homes on lots adjacent to preserves and subsequently not uniformly applied during the building permit application review for these aff~- properties. i- _,__"._"..~'m_~~--__._~.____ I also believe that my opinion as the Zoning Director today, may not have been uniformly "I- shared by the number of former (since 1991 Plannin Directors or Manager espite e ac many approve om e early 1990' s clearly established separate and distinct requirements for preserve setbacks within the adopted POO ordinances; and where a PUD failed to specify the preserve setback, would have been then subject to the LDC requirements for preserve setbacks In all likelihood, during the 19 s an ear y \ '20UO"s'fuedevelopment standar s or primary and accessory structures, as they were 1:- I l adopted in a PUD (if absent specific reference to preserve setbacks), were the setbacks that were applied to ::'l_~p:y&.tures on all properties, in spite of the fact that some were abutting preserves and required the preserve setbacks. I believe this occurred even though -r;ounIyrecoi~y indicate that the staff review for preserve setback requirements was being continuously and consistently conducted at the time of preliminary subdivision plat and final plat for every project with designated preserve/conservation areas (plat reviews occur before building permit application reviews but after zoning approvals). 1 Furthermore, because the aide Cypress PUD did not expressly set forth a separate set of requirements for preserve setback standards, it is my belief that the preliminary subdivision plat approvals were not further evaluated by both the developer during building design and the staff during permit review, thus the requirements for preserve setbacks, under which the plats were approved, were not taken into further consideration. The breakdown appears to have occurred at the final plat phase of a project, as was previously discussed with the Board of County Commissioners. Setback lines are not customarily shown, nor are they required to be shown, on the final plat. Any and all easements such as drainage easements and utility easements that restrict development, are required to be displayed on the legally recorded final plat. The recording and noting of conservation easements on fmal plats for dedicated preserves is a relatively new requirement (since 2003). As such, individual site plans for homes on single family lots laid out by the professional land surveyor do not normally show setback restrictions from the preserve and it is apparent that the architect-engineer who designed and laid out the home on the site failed to refer to the LDC for any land use restrictions, and most likely applied only the setback criteria and development standards as defmed in the respective PUD. The plans were then subsequently submitted as part of the permit plan set for review by the Building Department. In all likelihood permitting staff relied only on the information noted on the final plat and the PUD setback requirements expressly as they were written in the POO. Unless specific preserve setback requirements were set forth in the POO, both the developer and staff apparently then failed to consider the additional requirements for preserve setbacks as described in the LDC and the preserve areas as approved on the preliminary and final subdivision plats, for those properties abutting preserves. Sintilarly, as in the aide Cypress case, if the legally recorded final plat did not note the location of the preserves, both the developer and the reviewing staff failed to apply the preserve setback standard. It is important to note that permits for single family homes are not routed through the Zoning, Engineering and Environmental Departments for zoning related reviews. It is my opinion that approval of these permits without the required preserve setbacks is both in violation of the Land Development Code requirements and is contrary to the development approvals for preliminary subdivision plats and final plats where platted lots abutted designated preserve areas. The difficulty in carrying that zoning and subdivision review approval forward for preserve setbacks may be explained by the fact that the Final Plats are largely approved in accordance with Florida State Law, and the requirements for preserve setbacks is a local ordinance, thus the preserve setback requirement approved at the platting stage of development approval was not memorialized on the Final Plat as adopted by the Board of County Commissioners. 2 ~ 3.2.8.2,10.4 COLUER COUNTY LAND DEVELOPMENT CODE ~ 3.2,8.2.10.4. Required installation of subsurface construction such as water lines, sewer ( lines, public utilities and storm drainage prior to compaction of subgrade and roadway construction. 3.2.8.2.1l. Detailed written technical specifications for all improvements required shall be submitted in a separate bound document, signed, and sealed by applicant's professional engineer. 3.2.8.2.12. All development orders, development permits and construction permits (i.e., development orders or permits issued by local, state or federal agencies) which require approval or signature by a county official, with the appropriate number of copies, shall be submitted with the improvement plans. 3.2.8.2.13. Detailed hydraulic design calculations utilized to design the water and sewer facilities regulated by the county and water management facilities for the subdivision or development. 3.2.8.2.14. The final subdivision plat, prepared in conformance with the approved preliminary subdivision plat and the final subdivision plat requirements contained in section 3.2.9, pursuant to the provisions of section 3.2.6.3.2. 3.2.8.2.15. Status of all other required permits including copies of information and data submitted to the appropriate permitting agencies. 3.2.8.2.16. Factual information and data relating to previous zoning actions affecting the project site, 3.2.8.2.17, A soil eroo;nn .nd ~ediment control plan pursuant to division 3.7. .J 3.2.8.3. ./~ueme~~e following improvements in this section 3.2.8.3 are re . ju!rClion with the subdivision and development of any and all property pursuant to division 3.3 within the unincorporated areas of Collier County. The required improvements shall be completed prior to recordation of the final subdivision plat unless the applicant shall file with the county a subdivision performance security in one of the forms prescribed in this division "'~"'~of",,,,,"""""_"Aoy--J ments shall be designed and constructed in accordance with the design requirem d ove=canons of th....eMity.. . responsibility for ap- e ,.,..I. r~ .Jl ~""'_~Io<ol~-' --" '!. final subdiVlSlon plat and rmprovement pllifij; Will lead to the level of serVlce for any public facility being reduced below the level established by the growth management plan for Collier County, the county shall deny approval to proceed with development until the requirements of the Collier County Adequate. Public Facilities Ordinance [Code ch. 106, art. III] or its successor in function are met. 3.2.8.3.l. Access to public roads. The street system of a subdivision approved pursuant to this division shall be connected to a public road, which is state or county maintained, with adequate capacity as defined by the growth management plan to accept the traffic volumes generated by the proposed development. Unless topography, or compliance with the County's Access Management Policy (Resolution 92-422), or LDC Section 3.2.8.4.1 prohibits it, the number of access points to public roads shall ensure that there are no more than 4,000 average daily trips (ADT) per access point (existing or future). The total .. ( Supp. No.5 LDC3:32 ) 3,2.8.3.2. 3.2.8.3.3. 3.2.8.3.4. J 3,2.8.3.5. J Supp. No. 11 DEVELOPMENT REQUIREMENTS 3,2.8.3.5 number of access points required by this section shall be six. Proposed developments accessing public roads shall be subject to the requirements of the Collier County Adequate Public Facilities Ordinance. The connection of any property to a pnblic or private road shall be carried out in conformance with Collier County Ordinance No, 82,91, as amended. Alleys. Alleys may be provided in industrial, co=ercial and residential subdivisions. Alleys may be for one-way or two-way traffic. Alleys for one-way traffic only shall have the appropriate directional and instruction signage installed, Alleys shall be utilized for secondary access. Bridges and culverts. Where a subdivision or development includes or requires access across canalsl watercourses, lakes, streamsl waterways, channels, or the like, bridges or culverts shall be provided to implement the proposed street system. The bridge or culvert design shall be prepared by a professional engineer. Buffer areas. Subdivisions or developments shall be buffered for the protection of property owners from surrounding land uses as required pursuant to division 2.4. Buffers shall not inhibit pedestrian circulation between adjacent co=ercialland uses. Buffers shall be installed during construction as follows and in accordance with division 2.4: (a) Th separate residential developments from co=ercial, co=unity use, industrial and public use developments and adjacent expressways, arte- rials and railroad rights-of-way, except where such expressway, arterial, or railroad right,of-way abuts a golf course, (b) Th separats co=ercial, co=unity use,. industrial and public use developments from residential developments. (c) Th separate subdivisions of residential property that do not result in the submittal of a site development plan pursuant to the provisions of division 3.3 from other residential properties. Separation shall be created with a landscape buffer strip whi d ' constructed in compliance with the provisions of division 2.4 Buffers adjacent o prote;tedtpreserve areas shall conform to the requirements established by the agency requiring such buffer. Canals. Any canal which forms a part of the public water management system shall be dedicated for care and maintenance per the requirements of the gove=ental agency which has jurisdiction. Canals located entirely within the subdivision and which do not form a part of the public water management system shall be dedicated to the public, without the responsibility for mainte- nance, as a drainage easement. A maintenance easement, of a size acceptable to the development services director or other governmental agency with LDC3:32,l ~ 3.2.8.3.8. 3.2.8.3.9. 3.2.8.3.10. .. 3.2.8.3.11. 3.2.8.3.12. 3.2.8.3.13. / D 9 3.2.8.3.13 LO :MENT REQUIRE:MENTS structures and ther appurtenances shall be required in all subdivisions or developments r management of surface water and groundwater. The water manage m shall provide for stormwaters affecting the subdi- vision or development and shall be in compliance with applicable federal, state and local design regulations and specifications. Easements. If applicable, easements shall be provided along lot lines or along the alignment of the improvements requiring easements in accordance with all design requirements so as to provide for proper access to, and construction and maintenance of, the improvements. All such easements shall be properly iden- tified on the preliminary subdivision plat and dedicated on the tInal subdivi- sion plat. Elevation, land filling, e:x;cavation and demolition. The elevation of all building sites and public or private roadways included within a subdivision or devel- opment for which a use other than conservation or recreation is proposed shall be not less than 5'-12 feet NGVD when completed, or to such minimum eleva- tions above the established NGVD datum as adopted by the board of county commissioners, FEMNFIRM, or South Florida Water Management District criteria. All lawful regulations with reference to bulkhead lines, salt[water] barrier lines, and other appropriate regulations regarding land filling, conser- vation, excavations, demolition, and related regulations shall be observed during the construction of any improvements within Collier County. Fire hydrants. Fire hydrants shall be provided at no cost to the county in all subdivisions and developments. In all cases, fire hydrants shall be provided and spaced in the manner prescribed by the design requirements of this divi- sion. Monuments and control points. Permanent monuments and control points shall be set as prescribed by F.8. ch. 177, as amended. Details pertaining to their type and location shall be'in full compliance with the provisions set forth by these regulations and those prescribed by F.S. ch. 177, as amended. . -'::-C_,",-- _ . _ Parks, prote~ are~, preservation areas, conservation aie~creational areas, and school s,tes. --_____..._..._.. ..... .._.._ __ ...._._____. 1. Parks, protected a.reas,(presenJ.atio.'~.n area.s.>,conservation a.r~";'f'arks, pro- tected areas, preserva~eas ll-Dd ~ation..area&-Slfall be dedi- cated and/or conveyed in accord8l!<:e-with applicable dedica- tion requirements and regulatio4 of federal, state and local agencl 2. Recreational areas. Recreational areas shaIIbeaedk..",d andior conveyed in accordance with applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies. 3. School sues. School sites shall be dedicated and/or conveyed in accordance with applicable mandatory dedication and/or conveyance requirements and regulations of federal, state and local agencies. Plantings, trees, and grass. All rights.of.way and easements for streets, ave. nues, roads, drives, and the like shall be planted with trees, grass or other suitable vegetation on both sides in accordance with the specifications, limi- tations, procedures, types and intervals set forth in the appropriate county LDC3:33 3 '1.., )?-.4.1.3 DEVELOP:ME MENTS . Drainage easements sh eated to provide for the flow of surface waters from contributory areas. \ { ..------.-- ' - ._--- -Pr;~cted/ preserve area a~ ea.sem~~;s. A'~o~~~l~ive easement or trac~ in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on i the preliminary and final subdivision plats.~buildable lot or parcel - L subject to'or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle structure may be constructed. Further, the prelimi- nary and final subdivision plats shall require that no alteration, includ- ing accessory structures, fill placement, grading, plant alteration or removal, or similar activity shall be permitted within such setback area without the prior written consent of the development services director; ~rovided, in no event shall these activities be permitted in such setback 'I I area within ten feet of the protected/preserve area boundary, unless the \ I. above setbacks are accomplished through buffering pursuant to section j 'i3.2.8~.4} . . The boundaries of all required easements shall be dimensioned on the final subdivision plat. Required protected/preserve areas shall be identi- fied as separate tracts or easements having access to them from a platted right-of.way. No individual residential or co=erciallot or parcel lines may project into them when platted as a tract. If the protected/preserve area is determined to be jurisdictional in nature, verification must be provided which documents the approval of the boundary limits from the appropriate local, state or federal agencies having jurisdiction and when applicable pursuant to the requirements and provisions of the growth management plan. All required easements or tracts for protected/ preserve areas shall be dedicated and also establish the permitted uses for said easement(s) and/or tracts on the final subdivision plat to Collier County without the responsibility for maintenance and/or to a property owners' association or similar entity with maintenance responsibilities. An applicant who wishes to set aside, dedicate or grant additiOnal'1 protected preserve areas not otherwise required to be designated on the preliminary subdivision plat and final subdivision plats may do so by i grant or dedication without being bound by the provisions of this section. : .....J . 4. Improvement plans. The improvement plans for required improvements which will be constructed within an existing easement must illustrate the existing easement and existing facilities, and the proposed easement and Supp. No.9 LDC3:45 ~ 3.9.5.3.1. 3.9.5.3.2. 3.9.5.3.3. 3.9.5.3.4. 3.9.5.3.5. 3.9.5.4. DEVELOPMENT REQUIREMENTS 3.9.5.5.3 Whether or not the existing vegetation is to be preserved in the existing species composition. If applicable, the manner in which the composition of existing plant material is to be preserved (hand removal of invasive species, prescribed burning, etc.). The maintenance schedule for the removal of invasive species. The maintenance schedule for the removal of debris. Other information that may be required by the development services director that is reasonable and necessary to determine if the management plan meets the requirements of this Code. On-site inspection. The development services director's field representative may conduct a.Ji on-site inspection to determine if the proposed vegetstion removal meets the criteria in section 3.9.5.2 and conforms to the preservation standards in section 3.9.5.5 below. -::L____.___...- ~_m"____. E.9.5.5. __Pr"!!.'1)c:~i~n sta"'i:a..r.cIs'/ 3.9.5.5.1. All development not specifically exempted by this ordinance shall incorporate at a minimum the preservation standards contained within this section. -..,) 3.9.5.5.2. 3.9.5.5.3. twI Supp. No. 11 Allne", developments sh,alI retain e,xisting native Ye$eta~,g.~ m o.,;m"m n;tentposs;ble; esp8cillny where said native vegetation exists within required buffer areas. When protected species are identtiied on site, priority shall be given to preserving these habitats first, as a part of the retained native vegetation requirement (see section 3.11.3 for the management of these areas). Where the required minimum retained vegetation percentage has been met pursuant to section 3.9.5.5.3 and 3.9.5.5.4 additional native vegetation shall be retained unless necessary grade changes, required infrastructure, stormwater management system design or approved construction footprints necessitate its removal. The need to remove additional existing native trees shall be demon- strated by the applicant as part of the vegetation removal review process. When required to be removed, existing viable native trees shall be trans- planted into site landscaping unless the applicant can demonstrate that transplanting is not feasible or appropriate. Retained areas of vegetation shall be preserved in their entirety with all trees, understory, and ground covers left intact and undisturbed, except for prohibited exotic species removal, enhance- ment with native plant material and pruning and maintenance. All new residential or mixed use developments greater than twO'!2 acres in the coastal management area as defined in the 1989 edition of the future land use element of the county growth .management plan and greater than 20 acres in the coastal urban designated area as defined in the general plan requirements section (6.4.6) of the Adoption Notebook of the 1989 edition of the fntl1~ use element of the county growth management plan Sh~ 25 pe~~ LDC3:131 3.9.5.5.3 .., " 3.9.5.5.4. .. Supp. No. 11 COLLIER COUNTY LAND DEVELOPMENT CODE , ( the viable naturally functioning native vegetation on-site including both the understory and the ground cover emph.oi7ing the largest contiguous area possible. When protected species are identified on site, priority shall be given to preserving these habitats first, as a part of the retained native vegetation requirement (see section 3,11.3 for the management of these areas). When several different native plant communities exist on-site, the development plans will reasonably attempt to preserve examples of all of them, if possible. Areas of landscaping and open space which are planted with native species shall be included in the 25 percent requirement considering canopy understory and ground cover, providing that in such areas of credit, ground cover constitutes no more than 20 percent of the landscaped area Where a project has included open space, recreational amenities or preserved wetlands that meet or exceed the minimum open space criteria of Collier County, this policy shall not be construed to require a larger percentage of open space set aside to meet the 25 percent native vegetation policy. This policy shall not be inter- preted to allow development in wetlands, should the wetlands alone constitute more than 25 percent of the site. Exceptions, by means of mitigation in the form of increased landscape requirements, shall be granted for parcels, which cannot reasonably acco=odate both the preservation area and the proposed activity. Where native preservation requirements are not accommodated, the landscape plan shall re-create a native plant co=unity in all three strats (ground cover, shrubs and trees), utilizing larger plant materials so as to more quickly re-create the lost mature vegetation. Such re-vegetstion shall apply the standards of section 2.4.4. of this Code, and include a quantity of plantings matching the amount of required preserved native vegetation that was removed. The following minimum sizes shall apply: One gallon ground cover; five gallon shrubs; 14 foot high trees with a seven foot crown spread and a dbh (diameter at breast height) of three inches. Previously cleared parcels, void of native vegetation, shall be exempt from this requirement. All other types of new development not referenced in section 3.9.5.5.3 above, including but not limited to 1) residential or mixed use developments under the thresholds set forth in section 3.9.5.5.3; 2) commercial development; and 3)' industrial development shall be required to preserve an appropriate portion of the native vegetation on the site as determined through the county develop- ment review process. When protected species are identified on site, priority shall be given to preserving these habitats first, as a part of the retained native vegetation requirement (see section 3.11.3 for the management of these areas). For new development under five acres, a minimum often percent of the native vegetation on-site (by area), shall be retained, including the understory and ground cover. For new development five acres or greater, a minimum of 15 percent of the native vegetation on-site (by area), shall be retained, including the understory and ground cover. Preservation of different contiguous habitats LDC3:132 C3J PI, fL "j / C:u h '} ." d r:? 'I . ...... t\c: ~>J Ie, u"2"., 3. Protected!preserve area and easements. A nonexclusive easement or tract in favor of Collier County, without any maintenance obligation, shall be provided for all "protected/preserve" areas required to be designated on the preliminary and final subdivision plats or only on the final subdivision plat if the applicant chooses not to submit the optionaloreliminarv subdivision olat. Any buildable lot or parcel subject to or abutting a protected/preserve area required to be designated on the preliminary and final subdivision plats, or only on the final subdivision plat if the applicant chooses not to submit the optional preliminary subdivision plat. shall have a minimum 25-foot setback from the boundary of such protected/preserve area in which no principle Structure may be constructed. Further. the preliminary and final subdivision plats. or only on fihe liGlNoA III subdivision olat if the applicant chooses not to submit the optional preliminary subdivision pIal shall require that no alteration, including accessory structures, fill placement, grading. plant alteration or removal, or similar activity shall be permitted within such setback area without' the prior written consent of the development services director; provided, in no event shall these activities be permitted in such setback area within ten feet of the protected/preserve area boundary. , lIBlaos tha sesve satllaeks IH'B aessmplioheel 1;ftrellgl! llltft"eriag p1iF5l1aftt fa saslisa J .2.lU.1. Addition8.l rel!ll1atioDs IelZardUlIt,' oreserve setbacks and buffers are lQcated in Division '3.9.' and shal1'beaoollcable fot 'all preserves~ re2aid1~ if they aTe platted or simolv identified' -by recoIded conservation easeinent. """""''''''''''''''-'''''''''.''-'''.''''''''''",,,,,,". " ,," ," !i II i!il :! ! 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Ii I' 11\ ! ; i ;~ i ; ~I~ : , '" '. ~ ~ .;'!: ' ~ ~ ~ ; Itt~ ~ , J~97 WED 9:24 AM SOUTH FL WATER MGMT DIST FAX NO. 561 687 6896 P. 3/ 7 cf) PERMIT : 11.012]2-S PAGE] OF 10 DEMONS TRAHS THA; JVC:H;;l 1i'i?t.CTS TO P;WTE:TED, CONSERV,O, I NCOP.f'0RA TEO OR 1'\ITIG,n~D './ElLANOS ,1R UPlANOS HAVE OCCURRCD DUE TO PROJEO RELATeD ACTIVIT ;[:." 12. "NY rUTlIRE CHANCES IN LAND USE OR TREAH;ENT OF \lETLANDS AND/OR UPLANO BU~FER/COHPnISAflDN AREA~ !'lAy REQUIRE A SURFACE .'...,'ER HANAGEHE~T PERHIl i'lOn:fIChTIO/I AND ADDlTIOtlAL ENVIRO/lHENTAl REVIEII BY DISTRI~T STAFF. PRIOR TO THE PERMl1'TEE INSTITUTING ANY FUTURE CHANGES N01 AUTHORIZED By THIS PERMIT, THE PE~(TTEE SHALL NOTIfY TPE SFWHD Of SUCH INTENTIONS FOR A DE1ERI!lNATlOM OF ANY NECESSAkY PERliIT HODIFICATlONS. 13. THE FERlilTTEE SHAll BE RESPONSIBLE FOR ;HE SUCCESSfUL CDMPIETICN Of THE H!T1GhTION 1I0RK, INCllJOING THE MOI/IlORING AND MAINTEMANef OF T'iE Mrr;r.ATIDN AREAS FD:l THE DUAATION Of THE PLAN. THE MITIGATION ARfA(S) SIlAlL NOT SE TURNED eVER TO THE OPERATlON ENTITY UflTll THE MITIGATION WOR~ IS ACCDMPLISHED AS PERliIH[D ANO SfllHI) ST:.FF ~AS CONCURRED. 1.1. EACH APPLICATION FOR CDNSTRUCTIOII or fUTt:RE FflASE5 Of THE ;>(~MIT SHA~L BE. ALC0MPANIED BY AN UPDATED SUHHARY At/D MAP IIHI'.H ~HC\l~ H;E lDCATI!)N AND ACREA,jE OF THE IIETefINOtS) IH~.4CTED TO DATE. MID THE OISllNG "!lIGATION Aq€AS fOR THE ENTI~E PROJECT. 15. A WETLAND 1101ilTORING P~OGRAH SHAll BE IHPlEMENTED IIITHIN THE PROTECTED . IIETLANDS AND ~Pl~NCS AND DETENTION AREAS. MONITORING SHAll.BE CONDUCTED IN ACCDRDAItCE IIlTh EXHIBIT{Sl BS.all AND SIIAll INCLUDE ANNIJAc REPORTS SilBMITTED TO TltE SrllMD fOR R:VIE\I. MONITORING SP.AlL CIJNTINUL FOR A PERIr.l' OF 5 HARS. 16. A IInLAND HCr:ITOP.ING PR'JGRAM f..ND HAINTENANCE PROGRAM SH:'ll BE IMPLEMENTED lfI ACCORDANCE II:~'II EXf:JBITIS' as-BIl. iHE MONITOR'.!r, PROGR.~ SHALL EXTEND FOR A PERIOD OF 5 YEARS IlITH' ANf/UAI REPORiS SUSH. ;7~1l T~ ,F1J/1i) STAre. AT THE END OF T~E FIRST HuN. TORING P~PIDO THE MITIGATION AREA{;) SHAll CONTAiN AN BO% SURVIvAL OF PlAN,EO VEGETATlO~;. TriE aO% SI,;RVIVAL RATE SHALL BE KAINT.AINEO THROUGHOUT H'~ REMAINDfR OF THE MO::ITORING PROGRAM. AT TP~ END OF TliE S YEARS HONliOR:SG PROCRA/1 THE MITIGATION AR:A{S) SHAll CONTAIN AN BO% SU~VIVAl OF Pl^HTEG VEGETATION AHD AN 80% COVERAGE OF D,SIRABLE OBLIGATE AND FACULTATIVE ~ETlA~u SPECIES. 17. THE WETLAND CJNSER'/ATION ,'I.REAS A"'D UPlANO BUFfER ZONES ANO/')R UPLAND PRESERVATION AREAS SflOIlN ON EXHIBIT(S) 3, 4, AND BE MAY IN NO WAY BE ALTERED FROM THEIR N^TU~l STATE. ACTIVITIES PROHIBITED WITHIN THE CDNSFQVATION AR~AS INCLUDE, BUI ARE NOT llHITED i9: (THSTP.UCT!O~ OR PLACIHG 0' JUIlCINGS ON OR A!iJVE TilE GROUND; DUMPING OR PLACING SaIL DR OTHER SllBSnNC(S SUCH AS TRASH; REMOVAL OR DESTRUCTION OF TREES, :;f1P.U~S, DR OlHER VEGnATI0N _ IIITH THE EXCEPTION Of EXOTIC/NUISANCE VEgfTATIO~ R~~OVAL; EXCAVATION, DREDGING, IJR REMOVAL OF SOIL KAIER!Al; DIKING OR fENCIHG; ~ND ANY OTHER ACTIV,T'ES DETR !IIENT"l Tll DRAINAGE, flOOD CONTROL. lIA7fR CONSE"VAT ION, EROS lOti ~UN.TROl, OR FISH ANO WILDLIFE HABITAT CONSERVATION OR PRESERV~TION. 18. IIETlANQ PREiERVATlDtf/HITIGATIDN AREAS, UPlANO BurrEll ZONES AND/Oj, UPLAND PRESERVATION AREAS SHAll ~E DEDICATED AS CUNSERVATION AND COMHON AREAS IN HIE CONSEpvATlON EA~ElIENTs A::' liEU AS ON THE PLAT If THE PP.O.JECT IIIlL BE PLATTED. RESTRICTIONS FOR U,;E OF THE CD/(SERVATlON/COMMON AREAS Si,/'ll STI PUlAH: H !! ,- I"~ >' o' ~ ; ,! ! , , ~~~ 80 ;ot; lrl~l ~tr:l c z =i -l :x: :0 m m !.IJ i C'..--!l 'Ie> , ! 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'f, , .. . .., . .'." :If" '<f:'. t. -f' '..<f .t' . f .... ~ ~... ,+." .', :,. . .' 1~ .~ v- ~._- -- \ of... ,. (. ~ . . 4.' * , , . '." , .~' .. . . .... ,. '. . '. /,' " .... ....+ . . ~: ," ".' ~.. .~. ~ . , ,... <f 'u' . '.' .... 'J. .. .. 'i... :.. . '.+ '.+ ',' . .~ .' " '. . . (j~j RE: Grider Residence - aIde Cypress; code Citation Case No. 2007101120 Page I of I Cooper, Margaret L. From: belpediojennifer [JenniferBelpedio@colliergov.net] Sent: Monday, April 14, 2008 4:34 PM To: Cooper, Margaret L. Cc: colli_m; KlatzkowJeff; GrimshawHeather Subject: RE: Grider Residence - Olde Cypress; code Citation Case No. 2007101120 Attachments: Doc-.220_10C.PDF <<Doc-.220_10C.PDF>> Ms. Cooper, The following are responses to Paragraph 3, 4, 6, and 7 of your letter to Marian Colli, dated April 8, 2008. 3. There is not a memo or other documentation that advises of a change in training in the interpretation that Ms. Istenes advances in her Official Interpretation. 4. To our knowledge we are not aware of anyone in aIde Cypress who was turned dov.TI on construction plans for a home in violation of the preserve setback as interpreted by Ms. Istenes. To be sure, consider reviewing or requesting copies of the construction plans/related staff review comments of any or all lots/parcels in Old Cypress. 6. Part I - you have advised that your paralegal will print the PUD ordinances on-line. If s/he is having any difficulties I will help locate. Part 2 - There is no document that lists potential noncompliance with preserve setbacks by lot. There is no research by lot either. 7. The attached list compiles information about potential noncompliance with preserve setbacks by PUO name. These PUDs referenced are either residential, commercial or mixed use. At this point, I'll rely on Maria Estrada to work with the COES staff to complete the request. Should you have any questions, regarding the public records aspect of this matter, please contact me ar 252- 5709. :Jen.nitett a. fBetpe.dio- Jennifer A. Belpedio, Asst. County Attorney Office of the Collier County Attorney Telephone: (239) 252-8400 Fax: (239) 252-6300 4/17/2008 ;;, 03-7..,7 Figur~ 3.5.11.3.2 " ...............-" \ I / ----_/ el(istln91",ke lck~ ",dditioll f",r"mr:.ndl'Jl.~lIt~thGt m",dify the e1dstin9 I",ke ere.. by addin9 all addit'Dn_ only the n~w J>>r-tion of the IlIke S'hllJlbe used to a>lo:!.Ilate the LSP,I, IIr'eO using the pcrceIl1l19crequiremelltsof3.5.Il.U. ----- .....--- ~ ~ ~ .... ..... / '- -' --~ CII:j~ttn!l S'horcline mDdifiedlakeshorelille for Imlendment:f thllt modify the exi~tjng lIhllreline by 91'ellferthlln 20pc:rC(:nt, the tlltllllllke lIrea. shllllbe:ilSc:dtll~bllltc:thc:LSPAorellusingthe perec:n111gc: rcquirC:lTlentsd 3.5.11.1.1. Sec. 3.5.H- 12. Appeals. . . . . . . . Sec. 3.5.H 13. Penalties and enforcement. . . . . . . . See. 3.5.~ 14. Severability. . , , . , . . See. 3.S.t4 ]5. Compliance with state and federal permits. , SUBSECTION3.L. AMENDMENTS TO DlVISlON 3.9., VEGETATION REMOVAL. PROTECTION AND PRESERVATION Division 3.9., Vegetation Removal, of Ordinance 91~102, as amended, the Collier County Land Development Code, is hereby amended to read as foJlows: DlVISlON 3.9. VEGETATION REMOVAL, PROTECTION AND PRESERVATION See. 3.9.5. Vegetation removal, protection and preservation standards. . . . . . . 3.9.5.5.6 Native Preserve criteria Page 60 of 70 Words st"lleJ: l:ll BHgll arc deleted, words underlined are added 1. Idelltification. Native veQetation that is reauired to be oreserved Dursuant to 3 9 5 5 shall be set~aside in a Preserve. Areas set aside as OJeserves shall be labeled as "Preserve" on all site Dlans 2. Minimum dimensions. The minimum width of the oreserve shall be: B. twenty feet for oroDerty less than ten ac:res b. an averag:e ofthirtv feet in width but not less than twenty feet in width for Drooertv eaual to ten acres and less than twenty ac:res c. an averal!e offiftv feet in width but not less than twenty feet for OrDoerty oftwentv acres and lITeater 3. Created Preserves Where created oreserves are aooroved the landscane ulan shall re-create a native olant community in accordance with the veQetation sizes and standards set forth in 3.9.5 5. The soacioe- of the ulants shall be as fallows: twenty to thirty [oat on center for trees with a small canoov (less than 30 ft mature snread) and forty foot on c:enter for trees with a l;:!rl?e c:anonv ([!feater than 30 ft mature suread) five foot on center for shrubs and three foot on center for {!round covers. Plant material shall be oJanted in a manner that mimics a natural olant community and shall not be maintained as hmdsc;:!oimz Minimum sizes for olant material may be reduced for scrub and other xeric: habitats where smaller size alants material are better suited for re-establishment orthe native olant communi tv a. AnDroved c:reated oreserves identified in 3.9.55 as mitil!ated native Dreservation may be used to recreate: i. not more than one acre of the reauired oreserves if the Drooertv has less than twenty acres of existimz native veQ"etation ii. ont more than two acres o[the reouired oreserves if the orooertv has eaual to or l2"reater than twenty acres and less than eilzhtv ac:res of existinll native vel!etation. Hi. not more than 10% of the reauired nreserves if the orooertv has eoual to or ~:reater than eilzhtv ac:res of existinG native vel2etation b. The minimum dimensions shall saDlv as set forth in 3.9 5.5.6.2. c. All oerimeter landscaoinl! areas that are reauested to be anoroved to fulfill the native vel!etation preserve requirements shall be labeled as Dreserves and shall como Iv with all oreserve setbacks d. Created nreserve exc:eotions may be ~ranted: i.. when a State or Federal oermit reauires creation or native habitat on site The created Dreserve acreal?e mav fulfill all or Dart or the native vel?etation reouirement when nreserves are olanted with all three .l:trata' usinQ" the criteria .l:et forth in Created Preserves. This exceotion may be QTanted ree-ardless of the size of the oroiect ii. when small isolated areas (of less than Y; acre in size) of native vee-etation exist on site. In cases where retention of native veeetation results in small isolated areas of lh acre or less oreserves may be olanted with all three strata' usinl! the criteria set forth in Created Preserves and shall be created adiac:ent existinQ: native ve2etation areas on site or contirzuous to oreserves on adiacent orooerties This exceotion mav be 2ranted re2ardless of the size of the oroiect. iii When an access ooint to a oroiect cannot be" relocated To comolv with oblil!atorv health and safety mandates suc:h as road aUfmments reouired bv the State oreserves may be imoac:ted and created elsewhere on site 4. Reauired Setbacks to Preserves. AlllJrindlJal structures shan have a minimum 25~foot setback from the boundarY of any nreserve. Ac:cessorv structures and all other site alterations shall have a minimum] 0- foot setback frnm the boundarY of any preserve. There shall be no site alterations within the first 10 feet adiacent to anv oreserve unless it c:an be demonstrated that it will not adverselv imnact the intel!ritv of that oreserve. (i eoO Fill may be annroved to be ulaced within 10 feet of the unland nreserve but may not be aDDroved to be placed within 10 feet ofa wetland oreserve unless it can be demonstrated that it will not nel!ativelv imoact that wetland.) 5. Invasive Exotic Vert"etation Removal and Maintenance Plans. Exotic vee-etation removal and maintenanc:e Dlans shall reauire that catel?oTV r exotics be removed from all oreserves. All exotics within the first 7S feet ofthe outer edlle of everY oreserve shall be ohvsicallv removed or the tree cut down to I!rade and the stump treated with a U.S. Environmental Protection AQ'enc:v ennraved herbicide and a visual trace dye 3nolied, Exotic:s within the interior of the Dreserve may be anuroved to be treated in nlace if it is determined that physical removal mie-ht c:ause more damalle to the native vel!etation in the nreserve. When orohibited exotic ve~etation is removed hut the base of the vee-etation remains the base shall be treated with an U.S. Environmental Protection A2"encv anoraved herbicide and a visual tracer dye shall be Boolied. Exotic:s within the interior of the oreserve may be anproved to be treated in nlace if it is determined that ohvsicaJ removal mi~ht c:ause more damaQ'e to the native velZetation in the nreserve. When orohibited exotic: vetz"etatinn is removed but the base of the vel!etation remains the base shall be treated with an U.S. Environmental Protection Allencv aoofOved herbicide and a visual tracer dye shall be aDolied. A Page 61 of70 Words stl'Hsl( b1.rsl:lgk are deleted, words underlined are added -0) d.~ r, . ,. maintenance nla.n shall be imolemented on Ii vearlv basis at a minimum or more freouentlv when reauired to effectively control exotics and shan describe specific techniaues to orevent reinvasion bv Drohibited exotic ve;zetatian nf the site in Demetultv The nlan shall be annroved prior to the issuance of anv final local cleveloome"t order ;:) I. )OV~; '* "tfilF 6 lion. vel eot a hod io r ve ot Le Ii n s P hi - 'n de ftici nt riar t IJ oe 16 2003 reauired to comnlv with the.;new.-j-emilatio.ns in.sectio'n 3.9.5 5 6 adoDted on June 16 20 Pan re nD SUBSECTION 3.M. AMENDMENTS TO DIVISION 3.14. , PENALITIES Division 3.14., Penalties, of Ordinance 91-102, as amended, the Collier County Land Development Code, is hereby amended to read as follows: DIVISION 3.14. PENALTIES . . . . . . . Sec. 3.14.3. ExceptioDSj permit. All permits to allow operation of vehicles on county beaches shall expire on April 30, of each year, to coincide with the beginning of sea turtle nesting season. During sea turtle nesting season. May 1 through October 31, of each year, all permits shall be subject to section 3.14.B 1. of this division. 3.14.3.1. Sheriff, city, state and federal police, emerllencv services and game ana fish 60ffiffitssisR ~ 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 shall be exempt from the provisions of this division. - 3.14.3.2. 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 division if a pennit has been obtained from the site Eie"elsj3ffLeHt re',.iev, Environmental Services Denartment director or hi~ designee, and said [permit] is prominently displayed on the windshield of such vehicle and kept with the vehicle and available for inspection. The procedure for obtaining such a permit shall be by applicatiDn to the site de'. els13meRt fe':iew Environmental Services Denartment director in writing stating the reason Dr 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 permit for such vehicle or vehicles shall be issued by the si~e Eie .elepmeF:l.t revtew-Environmental Services DeDartment director if the site e1e\eloj9me.Rt rellie.; Environmental Services DeDartment director 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 s~rved thereby. 3.14.3.3. Baby buggies (perambulators), toy vehicles, toy wagons, wheelchairs or similar devices to aid disabled or non:ambulatory persons shall be exempt from the provisions of this division. 3.14.3.4. Vehicle-on-the-beach permits issued in conjunction with special or annual beach events...Jn. coniunction with vermanen( concession facilities or for other routine functions associated with Dermifted uses of commercial hotel 'Drovertv. Vehicles which are used in conjunction with functions on the beach, as peffRitteel b) aft 8.flflrs\ eEl speeial e, eRt temflsraf) use J'lermit, Elr aAHl:.Ial seaeh eveRts j3ermi:, are exempt from the provisions of this division if a vehicle-on the-beach permit has been granted by the ~ sePri-e-es Environmental Services director or his designee. All permits issued are subject to the following cDnditiDns and limitations: * . . . * * 3.14.3.4.5. Permits shall only be issued for ATVs when Environmental Services Dena.rtment staff has determined that: I) evidence has been orovided that there is a need to move eauipment which due 10 the Page 62 of 10 Words SHl:leJ: 11" Bl:lgh arc deleted, words underlined arc added 3. Protection shall be provided for preserved or created wetland or upland vegetative communities offered as mitigation by placing a conservation easement over the land in perpetuity, providing for initial exotic plant removal (Class I invasive exotic plants defined by the Florida Exotic Pest Plant Council) and continuing exotic plant maintenance. 4. Prior to issuance of any final development order that authorizes site alteration, the applicant shall demonstrate compliance with paragraphs (6)a.1, (6)a.2, and (6)a.3 of this policy. If agency permits have not provided mitigation consistent with this policy, Collier County will require mitigation exceeding that of the jurisdictional agencies. 5. Mitigation requirements for single-family lots shall be determined by the State and Federal agencies during their permitting process, pursuant to the requirements of Policy 6.2.7 of this element. b. Mitigation Incentives: 1. Collier County shall encourage certain types of mitigation by providing a variety of incentives in the form of density bonuses and credits to open space and vegetation retention requirements. Density bonuses shall be limited to no more than 10% of the allowed density. 2. Preferred mitigation activities that would qualify for these incentives include, but are not limited, to the following: (a) Adding wetland habitat to or restoring wetland functions within Rural Fringe Mixed Use District Sending Lands, (b) Creating, enhancing or restoring wading bird habitat to be located near wood stork, and/or other wading bird colonies. 3. Within one (1) year of the effective date of these amendments, Collier County shall adopt specific criteria in the LDC to implement this incentive program, and to identify other mitigation priorities. (11)(11I) Policy 6.2.6 [this Policy reflects merger of Ordinance No. 2002-32 and 2002-54J Within the Urban Designation and the Rural Fringe Mixed Use District, [required] wetland preservation, buffer areas, and mitigation areas shall be dedicated as conservation and common areas in the form of conservation easements and shall be identified or platted as separate tracts; and, in the case of a Planned Unit Development (PUD), these areas shall also. be depicted on the PUD Master Plan. These areas shall be maintained free from trash and debris and from Category I invasive exotic plants, as defined by the Florida Exotic Pest Plant Council. Land uses allowed in these areas shall be limited to those listed in Policy 6.2.5(5)d of this element and shall not include any other activities that are detrimental to drainage, flood control, water conservation, erosion control or fish and wildlife habitat conservation and preservation. (11)(11I) Policy 6.2.7 Within the Estates Designated Area and the Rural Settlement Area, the County shall rely on the wetland jurisdictional determinations and permit requirements issued by the applicable jurisdictional agency. This policy shall be implemented as follows: (1) For single-family residences within Southern Golden Gate Estates or within the Big Cypress Area of Critical State Concern, the County shall require the appropriate federal and state wetland-related permits before Collier County issues a building permit. (2) Outside of Southern Golden Gate Estates and the Area of Critical State Concern, Collier County shall inform applicants for individual single-family building permits that federal and state wetland permits may be required prior to construction. The County shall also notify the applicable federal and state agencies of single family building permits applications in these areas. (III) = Plan Amendment by Ordinance No. 2002-32 on June 19, 2002 25 , li'l ,~ I~ II' '~ I~ , 'I" '1 I' I!'''' l !"o~-l I s::'QZ ~ I~ ,!!'"' ! ~ ~;; 0 ; 'S! 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( iY'vt-f- .f1, e 11/7<Jd, /: {' cf 5(" I-l;>.Jck <::> S {( /)J .;; de lJ' a II (VI b) e2-/! 6ul- ~ fmJ{',ef s;c(e j.;w-Jl [;"7/; /-eYV' ) CHECK FOR WETLANDS (3.9.4.1 LDC) , The proposed re-plat will require permits from the SFWMD and the USACOE. CHECK FOR LISTED SPECIES (3,9.4.1 & 3.11 LDC) Wildlife survey required as part of EIS. Nt'.? ! '7/?-{t?~-~_ /,-'-,,"/1:1."". ,-~-> c", / _/1 C1 /I/L' tl)c'~' NATIVE VEGETATION PRESERV ATION REQUIREMENT SATISFIED WITH PRESERVE AREAS IDENTIFIED ON PLAT WITH PROTECTIVE COVENANTS (3.2.8.4.7.3 & 3,9.5,5 LDC) Section 7.11(A) of the PUD document states that 25 percent (55 acres) of the native vegetation on site shall be retained. A minimum of 41 acres shall be from conservation areas noted on the PUD master plan. The remaining 14 acres shall be identified prior to platting and may include perimeter buffers when appropriately planted. The proposed plat is inconsistant with the PUD master plan and document. Show in the environmental impact statement for the PUD amendment, the location and acreages of all the preserve areas within the PUD along with areas of landscaping used to satisfy the native vegetation preservation requiremcnt. Revise the PUD master plan accordingly, PRESERVES DEDICATED ON PLAT TO THE HOMEOWNERS ASSOCIATION WITH RESPONSIBILITY FOR MAINTENANCE & TO COLLIER COUNTY WITH NO RESPONSIBILITY FOR MAINTENANCE (3,2.8.4,7.3 LDC) Preserves need to be Plated with protective covenents similar to section 704.06 F,S.. ENGR SURVEYOR - Rick Gril!:!!; 177 .081 (2) Dedication & Acknowledgement DO NOT DEDlCATE THE LANDSCAPE BUFFER EASEMENT TO COLLIER COUNTY, u)CA nON MAP SHOW A NORTH ARROW FOR THE LOCATION MAP. Enter additional comments/stipulations here: IS THERE ACCESS TO TRACT C7? The followinl! comments were received. are ir. formational and/or mav include stipulations: ATTORNEY - Patrick White c. COUNTY UTILITY EASEMENTS (C.U.E.) NO MAINTENANCE TO COUNTY question as to dedication ENGR UTILITIES - Steve Wander Enter additional comments/stipulations here: Caught a drainage easement conflict. emailed this to Penny on 4/3/01 The followinl! comments were received and/or mav include stipulations: ENVIRONMENTAL PLANNING Steve Lenberl!:er CHECK FOR REQUIRED SETBACKS FROM WETLAND PRESERVES (3,2.8.4.7.3 LDC) PciJ1cipal structures are required to have a 25 foot setback from wetland preserves. r 6~r(/2E # ~ ~ ~ 90 'A' Ie ,,"'~ ~. '.C') _.,'h (.:,-.,.;1','; / < .- .> '7'--1 ~ " ~ -~ E:'XH ,/~. ~ -,- , ,: '9 '" o o '" f- <l: -' a.. '" f- LU LU I (f) ~ < C-C o::N- OZO:: u09 W-u. o::t- u . ",W>- <"'~ . 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"I Ii 'II )11 ~ '-3 to o ~ I II "'~ ~I '" ~ ~ I I ~ I I ". "'~ " ~~ "'11 !=;i" ~e ~~ ~~ ,e.r..'egll UNPLATIED UNPLA'M'ED C jC I-e. \ ,LOO '3 May 2003 ORIGIN: Community Development and Environmental Services Division AUTHOR: Barbara Burgeson, Principal Environmental Specialist DEPARTMENT: Environmental Services LDC PAGE: LDC3: 132.1, supplement 11 LDC SECTION: Sec. 3.9.5.5.6 CHANGE: Incorporate some of our native vegetation preservation requirements, that currently exist in the LDC and GMP's or have been policy and procedures for the past five years or greater, into one easily accessible section regarding Preserves. This amendment also clarifies language to better reflect how staff currently applies existing code provisions and provides details that have been requested by the development community to provide needed guidance. The intent of the proposed amendments is to provide minimum criteria for on site Preserves. REASON: These amendments allow the community to easily locate the criteria for protecting preserves, which has been located in several different sections of the LDC~ FISCAL & OPERATIONAL IMPACTS: The proposed amendments should have no fiscal impact, as it does not require any additional preservation than the current Code and Policies. RELATED CODES OR REGULATIONS: LDC Sections 3.9.5.5.3, 3.9.5.5.4, 3.9.6.6.5, 3.9.6.6.4.2, 3.2.8.4.7.3, Collier County GMP - Conservation and Coastal Management Element GROWTH MANAGEMENT PLAN IMPACT: The proposed amendments are consistent with the Conservation and Coastal Management Element Policy 3.9.5.5.6 Native Preserve criteria 1. Identification. Native vegetation that is required to be preserved pursuant to 3.9.5.5 shall be set-aside in a Preserve. Areas set aside as preserves shall be labeled as "Preserve" on all site plans. , , l~ '.'- 2. Minimum dimensions. The minimum width of the preserve shall be: a. twentv feet. for propertv less than ten acres. b. an average of thirtv feet in width but not less than twentv feet in width. for propertv equal to ten acres and less than twentv acres. Page 10f3 Puge2 of3 May 2003 rjjJJ c, an aVerage of fiftv feet in width but not less than twentv feet for propertv oftwentv acres and greater. 3. Created Preserves. Where created preserves are approved, the landscape plan shall re-create a native plant community in accordance with the vegetation sizes and standards set forth in 3.9.5.5. The spacing of the plants shall be as follows: twentv to thirtv foot on center for trees with a small canopy (less than 30 ft mature spread) and forty foot on center for trees with a large canopy (greater than 30 ft mature spread), five foot on center for shrubs and three foot on center for ground covers. Plant material shall be planted in a manner that mimics a natural plant communitv and shall not be maintained as landscaping. Minimum sizes for plant material may be reduced for scrub and other xeric habitats where smaller size plants material are better suited for re- establishment of the native plant community. a. Approved created preserves. identified in 3.9.5.5 as mitigated native preservation, may be used to recreate: I. not more than one acre of the required preserves if the property has less than twenty acres of existing native vegetation. 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. 3. not more than 10% of the required preserves if the property has equal to or greater than eighty acres of existing native vegetation. b. The minimum dimensions shall apply as set forth in 3.9.5.5.6.2. c. 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. d. Created preserve exceptions may be granted: I. 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 strata: using the criteria set forth in Created Preserves. This exception may be granted, regardless of the size of the proiect. 2. when small isolated areas (of less than Vi acre in size) of native vegetation exist on site. In cases where retention of native vegetation results in small isolated areas of \I, acre or less. preserves may be planted with all three strata: using the criteria set forth in Created Preserves and shall be created adiacent existing native vegetation areas on site or contiguous to preserves on adiacent properties. This exception mav be granted. regardless of the size ofthe proiect. 3. when an access point to a proiect cannot be relocated. To complv with obligatory health and safetv mandates such as May 2003 road alignments required by the State, preserves may be impacted and created elsewhere on site. 4.. ReQuired Setbacks to Preserves. All principal structures shall haye a minimum 25-foot setback from the boundary of any preserve. Accessory structures and all other site alterations shall have a minimum 10- foot setback from the boundary of any preserve. There shall be no site alterations within the first 10 feet adiacent to any preserve unless it can be demonstrated that it will not adversely impact the integrity of that preserve. (i.e.. Fill may be approved to be placed within 10 feet of the upland preserve but may not be approved to be placed within 10 feet of a wetland preserve, unless it can be demonstrated that it will not negatively impact that wetland.) 5. Invasive Exotic Vef!.etation Removal and Maintenance Plans. Exotic vegetation removal and maintenance plans shall require that category I exotics be removed from all preserves. All exotics within the first 75 feet of the outer edge of every preserve shall be physically removed. or the tree cut down to grade and the stump treated with a U.S. Environmental Protection Agency approved herbicide and a visual trace dye applied. 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. A maintenance plan shall be implemented on a yearly basis at a minimum, or more frequently when required to effectively control exotics. and shall describe specific techniques to prevent reinvasion by prohibited exotic vegetation of the site in perpetuity. The plan shall be approved prior to the issuance of any final local development order. 6. Exemotions. Applications for development orders authorizing site improvements, i.e., an SDP or FSP and on a case by case basis a PSP, that are submitted and deemed sufficient prior to June 16. 2003 are not required to comply with the new regulations in section 3.9.5.5.6 adopted on June 16.2003. Page 3 of 3 v " ,..' fJ' '"'" ..~,.,.",^rr ,\ 't~ , i .' . ,,;..... ' ,l't' ".,.~. ,-" ..,. . ,~~. '." ~ ~.~. , ~' \" '1;\ .'~JI' '''',' t '.~~ . . , j~ If;., ... w " ';., I , .~ ;t .. to\,: .......\. " ~.. . ~ ~ - . ~. , ,'""""".. ':"lit' '" ,-,,,; ;. ,- ~ -'.... ..." , -...... " ~'.....-., ."'" ",,' , ..,~ .., iJ"; ;.... .;.;.."'~ 4,'-. " .",' " ~' . "!)I\' . ~. .t., .' rl_ ~~i r: ~ . ,J\ :,~.,.;-h: :,:,<" ~.. ';'~' -'0'_, <l'.~~ ;,.~ lWAA~"'J1 a- .. ,,,,,,;,, ,. ..~.".- """.__.~..," >C"~~~., " _ ~"~:;' _ ;;t:~ ~"."',, ""." ... " if ',,', .. ," ,-- ~' f'.'f:'.4tf~,.... " ~,.. i:5'1iI-- "~', "''!',,'''', "','l.O,"",' "", ....., , -;"-""""~~'''''-:iII'i' -;-' ~, 1:1\ '. , , ... JII. .., . .' f: ", , ..... " . L 'y.. ".; ..,' ~" ...:~ "~~~"" .." """'';:'~'~~'~'~",:''''., '~" ..,~tl,~ w J \,_ ,1. 'r..\. " \~.' ~~' ~4'" .t~ ,~'~ "/.ii, ~ t 't' '\\", i l\ . " , .IIIi' . " f>t "~-Tf~",'" · ~'.,'''' q\\\ ",,'2; .. .. ,', .. .,~",. ;' &.: ' ,'.. .. ',~' .', , ~t ., ,'l.;~ " "f }(, ~'f' " .. ""'~ _1"- ~. 7J .." ~ ".~, ., ;. ... . ,.,. , ""-'I.' ;l \~~f .;''',~,,' l. I:., '.< . 'j, . "-:" .. or ~, . '. ... l' i ;i"i, ,w",,- FROM FAX NO, :2394350373 Aug. 07 2007 01:08PM P2 U"L~fi:UQ' J,Q;40 ".:),::J:"~.1.1.v.:l C.~I P"'A'X.. r.U..ltl" I ;.~~- 'J ' ~#"~-''''' _.I4:r1r -_~__ !a\" . it.o.~_ "A. I I ----~~ I 'F;':-;.,2 - - -- I >-_ I // I / I / I' LOT 28 / '} '(/ / 1- · / ~ ' ~k....... J; I pc ~ .1. I I I f I I I,' , I I ~ G' 1I/,I)'rJ. I;' I -- I I I ~,.. ~ _ _t ! ~_~_~ k___);~ ~: ~~.. PRTi!R1?eVE { ~ WI ~ --.--- -- --::..~~--...-..... ,.. ........ ,.. ,.. ,.. ,/ /' ,I . ' . ", ..-: . '. . CUL-DE-SAC NOmH . , . ~ PLOt' PLUf J- - 1!tJ' 41. -- UlDAr. D8SC'JlIP'IHJN ,. '. ...... .,.' " .....,... .. .-..' .' .. MW _, .....c:r 4 ~ t:tI1IUIS JJIC.'" M&.._~ ... ,'" ...,. '-- . A.. ~ .. "', 1 ~ ..,...,. . ~ ~ LONE PlNE LANE __nxmtU-Jtl._a1 _~ A...x....,..~ .. ____ -,.;;~. _ _.. MW M'........ --. ~-_.-.. --- It ........... '-_TlJTWO,"" ,,,,.<; :r;D so ~ t .....~. ,-...." . I,.~,..". ~ 5020 Tamiaml TraU North, Suite #.210 Naples, FL 34103 239..261-9232 Phone ' 239-261-9235 Fax Stock Community . Services ~ Ii] I. @) -. ../(/( If ,,~ r .""0'. . . ! : I"~ : ~G I \\~ '\<,: ~t%j ~ ~ : ,. , : :! '--,,~, .... " ". , : ~ \ !@0D . IJ$ " o J ~~~~~! -. . , c:-~"? ~ ~ 0 - ", p- 'i. ~ g ~ ~ C:. j: ~ ~ ~ ~ ~ . i ~ ..0 3: f ~l ~ ~ '-'I ...., <- .. G Olde Cypress Lots Abutting the Preserve . No Encroachments D Encroachments < S' . Encroachments> S' Data: 35 out of 52 homes (67%) honor the 25' preserve setback 15 out of 52 homes (29%) encroach less than 5 feet 2 out of 52 homes (4%) encroach more than 5 feet - - - ORDINANCE NO. 95-~ AN ORDINANCE AKDlDIIlG ORDINANCE NUMBER 91-102 TIlE COLLIER COtlllTY LAND DEVf:LDPMENT CODE WHICH INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR TIlE UHIIlCORPORATED AllEA OF COLLIER COUll'U. noRIDA, BY AMElmIIIG THE OFFICIAL ZONING A~ IlAPS H1lIIBERED B63111 AND B631S; BY CllAHGING Tn:t ZONING CLASSIFICATION OF THE HEREIN DESCRIBE6io~. REAL PROPERTY FRotI "A" AND "PUO" TO "POD" ~F, PLANJrED tJ1lrIT DEVELOPPIEHT KNOWN AS WILSHIRE ~~ IJo.XES POD, FOR PROPERTY LOCATED NORTl! OF ("" VAIlOERllILT BEACH ROAD (CR-B62), ADJACENT AND ...."'" WEST OF THE 1-75 RIGHT-OF-WAY, IN SECTION 31, C;;~ TOWNSHIP 48 SOln1f, RANCE 26 EAST, COLLIER ~~ 0 COUNTY, FLORIDA, COlfSISTIHG OF 246.41:1: ACRES; )?,.-, PROVIDING FOR THE Rl':PEAL OF ORDINANCE NUMBER 93-34, THE FORMER WILSHIRE LAXES PUO; ANO BY PROVIDING All EFFECTIVE DATE. ~ a;! ~ it ~m <eO WHEREAS, Dwight lIad.au of MeAnly, Aaher and A..oeiat.., P.A., repre..ntlnq Johr N. Brugger and Delores Deeka, petitioned the Board of County commissioners to change the zoning clasaification of the herein described real property; NOW. THEREFORE BE IT ORDAINED by the Board of County commis.ioners of Collier County, Florida: SECTION ONE: The zoninq cla.aiticatlon of the herein described real property located 1n S.ctlon 31, Townshlp 48 South, Ranq. 26 East, Collier County, Florida, ia changed trom "A" and "PUD~ to ~PUO" Planned UnIt Development in accord~nc. with the .Wl1ahire Lake. POD Document, attached hereto as Exhibit "Aft and incorporated by reference herein. The orticial Zoning Atlas Map. Numbered 8631N and 86318, as described in Ordinance Number 91-102, the Collier County Land Development Code, i. hereby AMended accordingly. SECTTON TWO: ordinance Number 93-34, aa amended, known as the Wilshire Lakes PUD, adopted on June 22, 1993 by the Board of County Commissioners ot Collier County is hereby repealed in it. entirety. -1- 3) 1l.-3: Fronl yard: TwenlJ-frve as') f... Sid. yard: Fin.... (15') r.... Rear rani: T'trenly (20') r.. .. Aa:elIIOtJ aseI_.. rro.. rani: SIDle IS priDcipollUUCluJ'e. Ae<aIOry aseI_.. .id. rani: SIDle IS prlndpaI _<lUr.. Ae<aIOry... rear rani: Ten (10') f.... A dl.tanc. of nll..n (IS') r..., 0' one-h.lr (112) Ill. .um or dI. h.l,htJ or adjacent _. whlcb.... Is Ileal", lIIall be malnUlned between SUUClUr... 4) 1l.-4: Setback! tor ald. and rear. yards .hall be musured from parcel boundarlc.. A mlnlmam dl.tsnc. orrlll..n (IS') f..., 0' on.-half ('h) lh. .um of th. h.l,htJ of adjaccnl residential bul1dlnC1. whichever II Jneater. .hall be maintained between struaures. From yard: Twenty (20') fed. Sid, yard: Seven 2nd one-half (7.S') feet. or one-half (III) the Jum of the beilhtJ of adJa<<nl re<idendal buildinp, which.... is lTeal.... Rear rani: Twenty (21)') feel.. Aeceuory uselstruaure front yard: Same as principal structure. Acceuory use side aIld rear- yuels: Five (5') feel. . - Rear 'Wd: A pared or lol boundary whlcb abuts a natural area d..ilJ1ll<d for pnservalloa: uro (Il) fed, provided bufferlnl 'equlred by South florida WIl... Manalemem Di.trlct Is accommodilled. Wb... a parcd abuu a lak.: zero (Il) fed may be allowed provided spp,oval Is obtained from Project P1an Review atlhe time of subdlyision Construction Plans submittal. P. MINIMUM FLOOR AREA: I) One Story Sinll. Family Structu,..: One Thousand (1000) .quar. r.... 2) Two Story Sln,', Family Slructu'es: On. Thousand Two Hundred (1,200) squar. r.... 3) Multi-family Structures: Seven hundred-fifty (150} lquue fed. O. OFP.STI!.EET PARKINO AND LOADlNO REQUIREMENTS: AI required by Collier County'1 Land Development Code in efftc1 at rhe time of buildina: permit appllcarlon. however. eeress onto Iny Ilreec (or residential units. with structurally lIIIIChed pola, 1IIa11 be Ill. ...... IS for .In&l. and ...., family residC\1lW d...lllnp. H. MAXIMUM HElGllT: 1) R-) buildinp: principal strudure - thirty-five (35') feel. 2) All other principal slructurf:l. - thirty (30') feet. 3) Acceuory Structure. fifteen (IS') fect. except ('1001 enclmures which may be tweaty. ny. (2S') reel. 111-4 . ocr_ ~EIl "so.;, ORDINANCE 99- 69 AN ORDINANCE AMENDING ORDINANCE NUMBER 91,102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING TIlE OFFICIAL ZONING ATLAS MAP NUMBERED 060102 BY CHANGING THE ZONING CLASSIFICATION OF TIlE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOREST GLEN OF NAPLES PUD, FOR PROPERTY LOCATED ON THE SOUTIlEAST QUADRANT OF CR-951 AND DAVIS BOULEVARD (SR,84) IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 635:t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98,39, AS AMENDED, THE FORMER FOREST GLEN OF NAPLES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Karen Bishop of Project Management Services of Naples, Inc.. representing Ronto Golf Estates, Inc.) petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE' The Zoning Classification of the herein described real property located in Section 2, Township 50 South, Range 26 East, Collier County, Florida, is changed from "PUD" to ;'PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map numbered 060102, as described in Ordinance Number 91,102, the Collier County Land Development Code, is ;;;...r::' ..a hereby amended accordingly. ('- P'\ ..n l-"'";l '-.l::> SECTION TWO' ~:~ ~ " ..".- --- Ordinance Number 98-39, as amended, known as the Forest Glen of Napl.. p~.i 'd~tcl; r'\:) ~ ~'-II May 26, 1998 by the Board of County Commissioners of Collier County, is hcrcby~ea~ in;y w,....-l .. . ~~ 0 entirety. ~M .. SECTION THREE' This Ordinance shall become effective upon filing with the Department of State. '1- TABLEll FOREST GLEN OF NAPLES COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO & lWO FAMILY SINGLE FAMILY MULTI- PERMTITED. USES FAMILY ZERO LOT AND DUPLEX AlTACHEDAND FAMILY AND STANDARDS DETACHED LINE TOWNHOUSE DWELLINGS Category 1 2 3 4 5 Minimum LoI Area 6,500 SF 5,000 SF 3,500 SF 5,000 SF lAc Minimum Lot Width *5 50' 40' 35'.4 40' 100' Minimum LoI Deplh 100' 100' 100' 100' 100' Front Yard 20' *3 20' .3 20' *3 20' .3 20'.3 Side Yard 5 Oor5' *6 OorS' Dor 5 IS' Rear Yard 15' IS' IS' 15' IS' Rear Yard .. 5' 5' S' 5' 5' Rear Yanl Accessory 10' 10' 10' 10' 15' Maximum Building 35 feet 35 feet 35 feet 35 reet SO feet .., Height *2 Distance Between Principal Structures and 10' o or 10' Oor 10' DoriO' 20' Accessory Structures F100r Area Miu. (S.F.) 1000 SF 1000 SF 1000 SF 850 SF 750 SF AD dlsWlcs are ID Ired uDJea atIIl!nt'be IIOted. .. a"" JIU'dI"" prlDcIpIl aDd ~1IntctueI..1otI_1ndI wWdI8bu. pUcoune. late, opal..... or)lt*l'ftare& SeIbHk froallake... all pdDd'" aDd aeceIIOI"J' ua: mIJ he I' pI'OYldlaJ udltedaral but lnatDllllllls1Daxponled blIo deIIp _lGbJect &0 wrfUtII.~ hill Projed _ Rmew. FroDt ,.m...... be IIle:UOnlI .. IoUGwr. A. It.parcel''l!n'ecIbJ.paltlle~...u.ckIl:~''''''''''I~U. B. U~ plrcd IlleI"t'ed bJ. private I'OlId, 1Ilbadl." _red rr... tIIe..4 olearb (IImrbelI).. .....,,.,...... (l'lIOt cwrW). ~........ belp. dWI be the ftI1IcaI d.IIcaDct __ rro. tht ftnl: ublCable IIaI.bed IIoor elenUoll.. IMIIpPInDClIt tbddled cdIq............. -... "3 a SIa&Se-fud1 &: MaW-fIrJaII, ...... .... wIak:b protide far a J*idal .... wUbIA .. IDdoNd ..,... ... uti_ prorlde roc- ..... ,..rtdII1 .... tho III prl'fale drlvewll1I maJ reduce the hilt rard reqalremeDt 10 15' lor tile prqe. ... _ Each baIr or. duplez ..U reqllirel a lot anI.uocadoD 0I3,5OD SF for. totIIl mIDImIlalloC III'U 0'7,000 U. .5 a MllIlDllllll.l. wtdth III.IJ be reduced by 201llI for cal.-....e IoU pro'fIdN tbe mbWaam 101 area requtreraeat it IUlatalaed. ., . Zero red (D") or . minimum" an fed (5') OIl ellller lAde cuept that where u.. zero feel CD') ,..rd .... II .1IUSed. tile op""" ... 01 U. .anc:tun ....n ha"e a leD root (1") lard.. Zenlleet (."),.nlIma, be u-.l 011 both dda oh IlntCUlre pnwlded tUl tIIeoppclllte ten foot (10') lard II pnnrtded, except thai wbere"er a zero CO) I'Ideyard b estabUsbed.. 0l'enII pi... of.U (he IOU 10 tile plat ahotll'bq; buDdbll eavdopes for.U oUbe IoU IhaD be submitted 10 tbe Customer Services Department 10 ensure that alpRdal of'leu. reel (JO") belweea structures" malotaloecl. -7 _ BuBdlllllleC.backs roc Ilmcturc:5 O\o'er J5 kella bei&lat lhall be 100 feet IrODI &D' perimeter bouadary. 3.3 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with SectiOD 3,2.8.4.7.3, of the Collier County Land Development Code, Rear yards for priDcipal aDd I1CCCSsory structures on lots and tracts which abut a golf course, lake, non-jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treabnent shall be incorporated in to design. B. Lighting facilities shall be arranged iD a manner which will protect roadways and resideDtial pnJ:perties from direct glare or unreasonable interference. C. Maximum height of structures, Twenty five feet (25'). D. Minimum distance between principal structures, TeD feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot Of parcel area - None required. H. Standards for parkiDg, landscaping, signs and other land useS where such standards are oot specified herein or within adopted Forest Glen of Naples Community Design Guidelines and Standards, are to be in accordance with 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. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A DOD-eXclusive conservatioD easemeDt or tract is required by Collier County Land DevelopmeDt Code SectioD 3.2.8.4.7,3 for lands included in the Preserve District In additioD \0 Collier County, a nOD-exclusive conservatioD easement may also be required by other regulatory ageDcies with jurisdiction over Preserve District lands. In addition to complying with provisioDs of the Collier County Land Development Cod., said easemont shall be provided in accordance with the lemtS oct forth iD any . applicable pennlt granted by other ageneles, 'The developer, lIS suecessor(s) or ..slgas, the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve Dismct. 5.2 ORDINANCE NO. 99-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91,102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZON1NG REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8631N BY CHANGING THE ZON1NG CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" AND "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PELICAN MARSH COMMUNITY PUD FOR THE PURPOSE OF AMENDING ORDINANCE NO. 99,33 HAVING THE EFFECT OF ADDING 141M ACRES FOR ADDITIONAL MIXED USE RESIDENTIAL AND GOLF COURSE DEVELOPMENT AND MAKING RELATED REVISIONS TO THE MASTER PLAN AND TEXT FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD, IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2213.6:1: ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99,33 THE FORMER PELICAN MARSH COMMUNITY PUD; AND BY PROVIDING AN EFFECTIVE DATE. ~ Ore 1999 ' 1/tCfTl'ED O,cB,lerk ""It! \.-; ~"l '"1 ,I WHEREAS, George L. Varnadoe of Young, van Assenderp, Varnadoe & Anderson, P.1:~ r~p~~ent~ng' (, :. :. WeI Communities, Inc., petitioned the Board of County Commissioners to change the zoning dl~ssitication: orJ ,.. . '_i ,., the herein described real property. ~_..:..: <., NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISiloNERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: The Zoning Classification of the herein described real property located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" and "A" Rural Agricultural 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 numbered 863\N, as described in Ordinance Number 91.\ 02, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 99.33, known as the Pelican Marsh Community PUD. adopted on May II, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1- TABLE I PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS SINGLE PATIO & lWO SINGLE F AMIL Y MULTI ASSlSTED PERMITIED USES AND FAMILY ZERO LOT FAMILY & A IT ACHED AND FAMILY LIVING STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES Calcl!'Ol'V I 2 3 4 5 8 Minimum Lot Area 7.500 SF 5,000 SF 3,500 SF.4 3.000 SF lAC lAC Minimum Lot Width "5 75 50 35 30 150 150 Front Yard 25 20 "'3 20 .3 20 '3 25 25 Front Yard for 15 10 10 10 15 15 Side Enlrv Garal!e Side Yard 7.5 .6 00r7.5 Oor.5 BH .5 BH 200R.5BH Rear Yard Princi"'~1 20 10 20 20 BH BH Rear Yard Accessoru 10 5 10 10 15 15 Rear Yard S........ial "1 10 5 10 10 .5BH .58H Maximum Building Height 35 35 35 35 50 50 '2 Distance Between 15 10 Oor 15 .5 S8H .5 S8H .5SBH Princi"al Strucrures Floor Area Min. 'S.F.\ 1800 SF 1600 SF 1600 SF 1200 SF 1000 SP'8 N/A'1 !lli.: BuiJdingHeighl mH: (Sum of Building Heights): Combined hciJbt of two adj&cclJt buiklings for lbc purpose of lkttnniniug sclback requirements. AD ~ ue in feel unless oIbcrwisc nored. .L ~ Wilb approval from PMDRC. reuyards forpriacip.lIlIUCGneaoa k3ts which IbutJOlfCClW'le, lab, opc:aJp&CC. 01' ralCl'VC anlU. Setback from lab for III prildpll ant acceuary usu may be O' prvvidini archIu:ctunI bank tratmcnl is incorpontcd ImD des.a an:!. mbjcct to written appn:rvaI. from P1aDnin& Services DeplnmtnL Wkb IpJWOVII from PMDRC, fmrt)'lords IhdI be meuured as follows: A. U lhe pared Is served by . public ri8fa-of-wa)'. Ielback is mcuured from tbc ldjIccot ript-of......y 1iDc. B. Iflhe pared Is served by. private roM, sedlack is meamn:d from !he baclcofcwb (1f'CUIbed) or edge orpnClnCnt(tf'nol cwbcd). -z- ikIildiDi: ~lcfnduJI be !be ycnicaJ dlllaDcetD8llW'Cld from !be ftntbablllb1oftnilhedftootdndoDIO !heuppcnDDII rinlWdcoWaa r::Ic'l&licmedlbe 11IUl:lUn. "'J. Sm,tc family dweUlnp wbich provide for 2 pukirta If*CI wilbla an endollld PRlo lid pltIVkIa for plCR pukiq other than In printc driYeway. may rcduccIlbl: 6'osl ylnl requirement 10" for !he pn.JC and IS' for !be r=inina: UJU~. ... -l!ac:h Mlfedl duploJl. unit rcqulret IlollJ'Clallocadonof3,500 S.P. for IIOlIi mlnlmum klt ira oC7,txX} S.P. ., - Miniml.lm 101 width may be reduced by 20" for cuI"i1c-sac lots provided minimum 10I1re& rcq.1ircmcnr. is stiJlmairnaincd. 3.5 - Loe pag;_ J-26 J.a I 3 I 3.2.'.3.4 - - ~ -6vbdLldClnl &r d. al6p......U _he->> be b~rh..d. -f-or ~ pt'O'..C'tl.~1'I of prep.rt., ~ ~ ".:1__~_ndL..~ -tend ....... .. requiLad ~ liIl Lllen ih-4-r ~ .~ ~ .~ .rtd <i!l6.1",.._~_J o-n Hte pt.ett ... . ~ ~ 4ae".lfant. --.ItH l6r\deeap. ~ ~ ~ be ~~ d...LlJl'\ad eM ~~ ~ ee,.pllaPlca ~ ~ ~ ...,... <l-trnd~ ~ ~ ~ ~ H ~ &n *"1' ~ In'' ~_i..t.. .191-.1: 1)( ~6J' ~ _hUlt} M ~ bttH~ ~ .. P"~ o-r l.~6t'ded a.a6..,t.I.t .h-6-H be datermll'\ad ptf~ ~ t-he Ilte.hic~ of eLlaion ~ -Bu-f-fe.e-e Adj.e...~ e-o p~"t..etHl/pr'...~ .. ~ ..n.l-l eon-fot'n\ M t-h1t raq_l.A ..&..'ta ...~>Mtd by eM ~ J:l!I~tsill....; flt'eh ~ -+f Aec.~tAbh M ~ i-ni-t-!-e~ ~ e-ue-h bdhu '"Y be ineltsdr.d ~ b-M bou-nd..-N"" c-f. d...l~r".~ pAce.La &t' ~ wh-i-e-h ~ M .~ and--d...-J,'ill'Illtad "I. 'd.lI P.1A'C .a a ttAet cu .....fHH'n-t-T ~ SubdLvleionl or duvelooment~ shall be buttered tor the oro~eC'tlon or orocertv owner. trom lurrol.l'ndLna land ule. ,. reauirec'l curl\lant" to "Div; 2.4. Bufterll lIhall be installed durlna 'con.truc~tlon a. rollows and l1\ accordlnc@ wit" Div. 2.41 II To BeDlcab, resfdential develoDmenta from commercIal. ~rnunltv UI.. indulltrlal and nubile ul!Ie devltlooment, and lJljacent l!'XOreSllwaVll. arterial. llnd rllilro.d rlohtll-or-WIV. IKS~eot where such Ill(ore.swa.... arterial. or railroad r.1s:lh!:-ot-WIIV abuts II col t course hI To seoarllte cOI1'.mercial. cOl'T\ll1unltv use. industrial lInd Dubllc l.!....lU:' develooments from residential develooml!nte. cl To ssoar.!:" subdivisions of residential orooertv that do not ~ult ln the submittal of a sit. DevelOPment Plan Durlua"t l.Q... the provisions of Divhion 3.3 from other residential :Qli'oerties. S.oaration Bhatl be created with Il. land,caoe butter strio which i. de.ioned and conetructed in comolianc. wlth the oro."l,lon, of Divi.ion ,:2.4. Such buffer .trlo',' ,hall b. ahown and d..lan.t.d on th. final clat al . tract or ell.em.nt and Ihall not b. located within Inv DubHe or orl."at" rioht-ot-wav. The abllitv to locate buff@rlel within a olatted or recorded eaeement .hall be determined oursuant to the nrovieione of Division 2.4. Butfe!"1 ad1acent to orotected/-orel!Jerve are"'!! shall conform to the reauiremunt! established bv the aaenev reauirina such buffer. Delete st.ricken 1angua']., add underlined language. .- 100! 064 PAG( 309 0,.- DMlfm J 7 3.2.8.4.8 SubdMnDrll 'When a IUbdivi.ion or development Include. Of requires access acroJl CInAr., water COUfICI, water bodies, Itreams. dninazo way., channef., naturalJy occurring wetlands (that are to be preserved). or the lilee, a drainaso eisement and adjoinins moinlmalleelacceaa eucmeot ohair be provided'which confonns IUbstantially to tho lines or lOCh water courses unJeu otherwiJe approved by the Development Services Director pumw1t to ~. 3.2.7.2. Maintenance and aceea easements for the subdivision', or development'. approved Wlllet manasemenl 'y,tem ohall be crested and ,ized in compliance with the rutea and reaul.tions of the South Florida Water ~gement District, u aDlCDdod. For canal, or waterway. maintenancellCCC&!l easement shaH be, provided in accordance with requirements of the entity with 'responsibility for maintenance/ICCC'.SI. Drawp _menta ohall be CTellIed to provide for tho now of IUrface Wlltera from COlllributory 'rea. . 3. ProtectrdfPre.n-ye Aru and Ii""~ent!l. A Don-exclusivo easement or tract in ravor --: of Collier County, without ""y mainlaW1CO oblisation, ahall be provided fOT aU .protecIed/preservo" aral roquind 10 be deoisnaled on tho preliminary l.nd f_1 ...bdivi,ion plata. Any build&blolol or parcellUbjoclto or .bullinS' prolocted/p~rvo area required to be dcairnated PEl the preliminary and fin.1 subdivision ptat& .bll have . minimum twenly-five foot (25') lelback rrom the boundary or IUCh prolc:cted/pn:aerve area in which no principlo otructure moy be CODIlructed. Further, tho preliminary and f_llUbdivi.ion plata ohaIl roquire lhat DO alteration, inc1udinS acceasory '11llClu"", /ill placemenl, lradin,. plant alteratioa Of removal. or .imilar activity .hall be permitted within rucb aetb.ck a..rea without the prior written consent or the Development Services Director, provided, in DO event shall these activities be permitted in sucb Ielback area within ten reel (10') of tho protocledlpn:aervo area bound&ry"unl... the above lelbackJ ~ accompliohed throuSh bufferins pursuant to Soc. 3.2.8.3.4. The boundariea of all required ea.semenu shalJ be dimensioned on the fmaJ subdivision plaC. Required protected/preservo &real ahaJl be Identified... separate' tracts or easements haVlne access to chern from a platted ri,hl of way. No individual residenlial or colll.lllert:i.1 lot or parcel linea mzy project into them when platted .. a tract. If the prolectcd/pnurve arra i. determined to be jurisdictional in nature. verification m1.l5t be provided which documenu the approval oflhe boundary limits (rom the appropriate local, sllte or federal IJenciea: bavinl jurisdiclioD and when appJicable PUrJUallt to the requiremoota ""d proviaioaa of tho Growth Manasoment Plan. All requind .....menta or tracta for prolocledlpreaervo...... ohall be dedicated ""d allo eatablish the permitted u.ses for aa.id easement(s) and/or tracts on the final JUbdivision plat to CoIlier County wilhoUI the reaponsibilily (or maintenance and/or to . property O'WJ1cr', l.S5OCiation or .imilar entity wilh maintenance te::sponJibilitiCl. An applicant who wishell to .set uido, dedicare or Jranl additioMI protected preserve areaa not otherwise req1Jired to be dea:ifll&led on the preliminary IUbdivilion pi It and final subdivision plata may do 10 by tranC or dedication without beina: bound by Ihe provisions of Ihis JeClion. Fire Hvdn.nb. All bydnnla ah.a1l be connected 10 waler systems haYing sufficient .wrage or emcreency pumpin, r.dlitica to provide ror Ihe minimum fire nows to be maintained ror at least J.J7 CollJu CovNy Land DtrW14~ CDd~ OcIO~' JO, /99/ aOOK U49JA376 . ORDINANCE NO. 2000-.32.._ AN ORDINANCE AMENDING ORDINANCE NUMBER 91,102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WIDCH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 8621N, 8621S AND 8622S BY CHANGING THE 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 1,75, 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, representi~~ld~1:ypress r- .,," C':> Development Corporation, petitioned the Board of County Commissioners to ch~g~ tIie; zo~ r~",; "; (...) .",".~- 0 THEREFORE IT ORDAINED BY BOARD ,- . ;:0.. rn eol~ \!? -~ NOW classification of the herein described real property. BE f""'l'''' . c-; ;{}Ji' 0~: g:.~ J:"" >co ..... THE COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 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 "An, which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 862IN, 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 areallier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. -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 VII RESIDENTIAL LAND USE DISTRICT 7.01 PURPOSE The purpose of this Section and development standards for designated on Exhibit "A", the PUD is to identify permitted uses areas wi thin OLDE CYPRESS 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 TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED~. ", gi:n~s <C/.; ..~\t." .~ ,;"','- SINGLE FAMILY DETACHED, ZERO,I,.OT LINE TWO FAMILY &. DUPLEX' I SINGLE,," ", FAMILY: . ATTACHED,:' AND " TOWNHOUSE, MULTI- FAMILY DWELLING " " ", Minimum Lot 6,000 5,000 3,500 3,000 S.F. 1 AC Areas S.F. S,F. S.F. 11) per duo Minimum Lot 60 45 35 30 150 Width(') Front Yard 25'" 20'" 20" 20 25 Setback Side Yard ,.. 5 '" 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 Accessory(3/ Maximum 35 35 35 35 45'" Building Heiqht Distance N.A. N.A. N.A. 10 .5 BH Between Structures Floor Area 1200 1200 1200 1000 750 Min, (SF) RH = RlIilrling Hpight 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 attached as Exhibft "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 SECTION IX PAGE 6 COo w - " ~ ., ~ rj- 1'1 0 ~ o w o w ~ ~ w :l ';! ~ "' I- III ~ w ~~ Zw o~ L....O:: ['"'"'""::t ~I- Z5~ ~1Il~ ~_ICD 0 ~...J ... U. CIj a. . CIj :E >- rTl III ~ ~Z;:) """ 3: 0 ~OU ~ 1-0:: ~ iU~ UZ5 Qu I- ~~ 9~ o~ 0:: o a. ~ /'</~~'~~=~ .fi[/j>" //:.// ~ .,..~~)~ ;'/ ?}-' . '~I .- "r" ,-,' ,....-. ____.r i ,,-,! [~. );! .~.~ 10' ~. 1 U i ,f o~ -If ,''-;'/''\ ,;\ E o' ~ ,P.... ~~' -....... \I;J\ \~ id.' ~ U \.....".. ' "",- '\.O__~L 8 i-.. ~,., y'" " ~/+: '. _-..S\.~ , " ' "';:::~.. . ..,'-' 1:...,:0';' N ". ~ ," T '.,/". . I ~;.~ ~ I ';~'x ''\''. 1 <~. .,.~ u,,~ "', ; ~~ "I ~g. ~ - b":! --(,(-~ .g~ , ,'"" - - ' '. I" 3''' "',,;;- - -~ ~'i' I 1 .roL"'"S33S ,--- u' ' _' 'I 1'1 ~, ,N ,1 " ~15 ~ ~~ ~ <i311\1"idN,1 ~~~ ~...o ffi~ ~J. ~! ." ,~ '" .' @" (uJ ,LO,..t~r9-Lf" J.60,'<;.005 ~j ~ .g t;~~ g~e , ~ , , , I . " \ I,: ~'" ,,~ ,f ~ i " l ! 0 ~ , "~,~ ." 7'~ . , :~ ~~ Ow ~ " ..,;'4 ,,"''':jJ []::liV-ldii(l I I I , I~~ ~ 150 ~~ I ~ I I I I I I I I I I I I I I I I I I I I I I I ~I '~ I r " . >- ~~~ ~~ ~~W ~"It< ol:l ~'i';-:- ll... . VJ i~ e. ~ w:::E ....:'\>-;'i i!5 o::vi :Z:'i'li!5 a. c..: 3i::1~'; ~. .~! ~ 3:?r ~ ~~ ~ ..... &: :t: ;: ~ Z:J ~ ~ 'i:::E ~ ti~ ~:::i='i; Vll!l ~ ~:jj ~ ~ ~~::JC~! f ,=~i :5-- "I'" If;:~; z "zZ I,mm ~ in' i' 66/lZ/vO Building Review and Permitting Page 1 of 1 Permit Tracking and Inspection Scheduling Back IJob Description lor Permit Number: 2006063048 I IDese: S/F FRAME 2 STY 400 AMPS W/IMPACT 11~~~;e: (239)250- Ilvalue: $963,000.00 I ITota' Sq Feet: 5585 IINbr Bedrooms: 3 IINbr Baths: 5.0 I ILot Width: II Lot Depth: IILot Area IILot Acres: I Addiliona' 'nlormation: IMPACTWINDIDOORS SOIL TREATMENT LOW VOLTAGE 12/12/06 REV: REVISED POWER PANEL. SDW R,2 CHANGE TO PLYWOOD SHUTTERS Jnl 1/3/07/FAXED PM REPORT TO FPL & LCEC/1 METERIDLS 12/15/06/NO TUG AFFIDAVIT ON FILEIDLS 1/3/07/RCVDD TUG AFFIDAVIT/OLS 2,26.07 REV DELETE NON,IMPACT WINDOWS WI PLYWOOD SHUTTERS. MP http://apps.colliergov .netlcommdev /permits/tracking_insp/DescDet.cfm ?PermitNbr=20060... 7/31/2007 ~asYl3k~tch_Un___ . . ill . . Details: "ile : 64625005581.xml ~a Summary: N ____________ ,-,ode Description Area Adj. Area 1 + 1 Base Living Area 2743 t 2743 d Base Living Area 28 28 +lUP70 Living Area Up 70% 1135 . 795 GAR 70 Garage Attached 70% 743 , 520 OP 30 Open Porch 30% . 77 . 23 OP 30 Open Porch 30% . 368 . 110 STOR 5 Storage Area 50% 32 . 16 OP 30 Open Porch 30% 144 43 5270 4278 Comments: -.-. --- -~---_._._-_.._----- - 08 PER 0606-3048 8/24/07 RES 963,000 STILES-SOWERS CONSTRUCTION, INC 2 ., 4 If L "PL / L1 .-<"/\ .oCJ(,N/.l", 274'3:!-2E5-Z77/ ff/'f)fE L/V/N<r r'l;e~,..! _....~tjPi'"t\ ') :~s SECOND FLOOR ~ ~ Hf if f o Il!~ , ~ v ]> 0 0 Cd '" 0 0 C " Z 0 '" P AJ S < r 0 0 C D AJ Z < "" 1'1 -< C. 0 I Z 0 0 Z , , U (".." 'OC. ~ " : ~J Ii. Ii o " ;~, : ;H; v.~. 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Olde Cypress PUD (Ordinance No. 2000-37) 6. LDC section 3.2.8.4.7.3 7. LDC section 3.2.8.3.4 8. Olde Cypress, Unit One Plat 9. Pelican Marsh PUD (Ordinance No. 99-90) 10. Forest Glen PUD (Ordinance No. 99-69) 11. Pie chart illustrating Olde Cypress Lots Abutting the Preserve 12. Photographs depicting proximity of Grider retaining wall to wetlands 13. Photographs of fill removed from preserve I - ~~ ~s < !~ .. . '.. , g~; ~s ':J; , , - ,. ~:,'; " -, ;t' Z:o .- .. .. ~:; ~:~ ','u fYg (i~ .. .. <>" .;'L, :;[ -" W'j ",,0 - " , -- '" ~:1 I; !,:f ~ T. ''3 ~:;! ,,! I"~ p-. " b " .. 'I, , , ~ -. ''- , ;, ~, ~;; , ,,".U "',1 ': 'f ~ ~ 1[::;1;: . .00 ,".. "- --1 --1 Z' 0 (.0 Z T D -, >- W W > Z [Y D ::l (.0 (.0 , :; >- [Y " 0 q L Z D ::l q 0 v; m (.0 " "- .1:'" . II' J_ ~ C lli" ' ~ ::~ :::~ :k: ":':;'--'-~_::'--~ .. i~ J1~ m~i , t b ill ~ ~ Tor Kolflat 2713 Buckthorn Way G,ey Oaks Naples, Florida 34105 941 435-0371 941 435-0373 Fax Commissioner Donna Fiala Commissioner Frank Halas Commissioner Tom Henning Commissioner Fred W. Coyle Commissioner Jim Coletta Board of County Commissioners 3301 East Tamiami Trail Naples, FI. 34112 January 9, 2007 Re. Olde Cypress PUD Investigation by Lawrence A. Farese dated December 7, 2007 Dear Commissioners My name is Tor Kolflat and I am a member of the Collier County Planning Commission. My wife and stepdaughter are trustee-owners of the Melissa Ross Showalter residence in Olde Cypress which abuts the Grider residence. I have reviewed Mr. Farese's report and am disappointed by the false implication that I have in any way misused my position as a Planning Commissioner. In addition, the report contains numerous incorrect and misleading statements attributed to me. I am therefore compelled to set the record straight. During his investigation Mr. Farese never contacted or questioned me on any subject. If he had, the erroneous and misleading statements could possibly have been avoided. Because my wife and stepdaughter's property is adversely impacted by the Grider residence, I have a personal interest in this matter. However, I am not required to "recuse" myself from participation in this matter, as Mr. Farese suggests. Instead, state law clearly lays out exactly what I may do and what I may not do under these circumstances. I am surprised that Mr. Farese, who is obviously an attorney, does not even mention this state law when he suggests that I recuse myself. Under these circumstances, state law prohibits me from voting on this matter should it be presented to the Planning Commission. However, the law expressly permits me to "participate" in the matter as long as I first disclose my interest. I intend to follow the law in this case. When I volunteered to serve the public as a Planning Commissioner, I never intended to relinquish my rights as a citizen to participate in government, especially when my family's interests are at stake. I trust each of you feels the same way; Mr. Farese mentions my name over a dozen times in his report, but he rarely describes my involvement correctly. Accordingly, I must provide a brief summary below of my entire participation in the Grider residence issue. At the outset, please understand that throughout my involvement in this matter, which included just a few early meetings and Emails with County staff, the only purpose of my communications was fact-finding, Le., to try to determine what regulations applied and how they were measured. I have never tried to influence staffs opinions on any issue and object to any such implication by Mr. Farese. In June of 2007 my step-daughter Melissa Showalter returned to her Olde Cypress home from her winter home in Virginia. Upon returning she found that the west side of the Grider house under construction next door extended over 25 feet beyond the east side of her house toward the preserve. This extension adversely impacted her house since it (a) blocked air, sunlight, and a view of the preserve, (b) eliminated any privacy, and (c) depreciated the value of her property. Since she has no knowledge of land use regulations, she asked me to go to the County and check the set backs of the Grider lot. I agreed and on June 24,2007 contacted and met with Ray Bellows of the County staff. This was my first meeting regarding the Grider house. Ray informed me that the Grider lot was approved as a corner lot. He referenced the part of the LDC that explains how a lot that is not at a road intersection could still be considered as a corner lot if certain angle criteria are met Based on the LDC definition I computed the angle criteria for the Grider lot and determined that the lot did not meet the requirements, or qualify, as a corner lot. Ross Goachenaur of County staff also came to this same conclusion as stated in his Email to Jennifer Beiring of June 29, 2007 11 :31 AM. (A copy of this Email is attached to this letter as Exhibit 1.) Whether the Grider lot qualifies as a corner lot has substantial consequences. If it is a corner lot the rear yard setback is 5 feet. If not the rear yard setback is 20 feet. During his review of the corner lot issue Ross Goachenaur also determined that the Grider lot was not in compliance with the 25-foot preserve setback as he stated in his Email to Jennifer Beiring July 2, 2007 8:56 AM (A copy of this Email is attached to this letter as Exhibit 2,) 2. My second meeting with staff was with Wanda Warner on July 12, 2007. The purpose of this meeting was to inquire how the various setbacks on the Grider lot were computed. She advised me that Planning Director Susan Itenes had scheduled a meeting on the Grider house for July 17, 2007. I called Mrs Istenes and asked her if we could attend. She agreed we could. This was my third meeting with staff members regarding the Grider issue. In addition to me those in attendance were County staff members Joe Schmitt, Susan Istenes, Roland Holt, Alamar Finnegan, Angel Trapley, Jennifer Beiring, Wanda Warner, Olde Cypress Homeowners Association President Diane Ebert, Trustees Melissa Showalter, and Carol Kolflat. Ross Goachenaur did not attend this meeting. At the start of the meeting, Building Review and Permitting Director Roland Holt reported that as a result of our inquiry into the Grider house set backs it had been revealed that there may be as many as eight, and possibly eighteen, other houses on the same street not in compliance with the preserve set back. My stepdaughter, my wife and I sensed an air of resentment towards us from Roland Holt and other staff members. However this was understandable since it was our inquiry into the Grider house set backs that uncovered the following: (a) the Grider lot was approved by the County as a corner lot but did not meet the requirements, nor qualify, as a corner lot, (b) the Grider house violated the preserve setback, (c) other setback encroachments existed on the Grider house, and (d) as many as 18 other houses in the neighborhood could possibly also not be in compliance with the preserve set back In direct response to my question at the meeting both Joe Schmitt and Susan Istenes confirmed that the Grider lot did not qualify as a corner lot and also was not in compliance with the preserve set back requirement for either principle or accessory structures Joe Schmitt opined that perhaps the Grider's could devise a lot line adjustment that would qualify the lot as a corner lot and handle the issue as an administrative matter, thereby avoiding a public hearing. He went on to summarize that there were" 3 options - vacate a portion of the CE (conservation easement) along the entire street so that the houses can achieve the required set backs, remove the portions of the house that is encroaching, or seek a variance", Mr. Schmitt said he wanted to check with Rich Yovanovich on the matter. Therefore on the day following our July 17, 2007 meeting Joe sent an Email, 3. report to Mr. Jovanovich (dated July 18, 2007 at 19:37:94) in which he reported the 3 options he described at our meeting. (A copy of Mr. Schmitt's Email is attached to this letter as Exhibit 3) After the July 1 th meeting I recommended my stepdaughter seek legal counsel to protect her rights. She retained Clay Brooker as her agent. Subsequent to the July 17, 2007 meeting I met with Ross Goachenaur and his assistant Christine Willoughby for my fourth and final meeting with staff regarding the Grider issue. I again sensed resentment of my inquires into the Grider house issues. After the above described four meetings in June and July, I refrained from any further contact with County staff members regarding the Grider lot. I limited any further inquires to the County's public records and Email files. Based on the foregoing summary of my involvement in this matter, I am offended by Mr. Farese's implication that I have misused my position as a Planning Commissioner and his suggestion that I sit silently by while my wife and stepdaughter's property rights are impacted. I intend to follow the law, rather than Mr. Farese's opinions. In addition to mischaracterizing my involvement in this matter, Mr. Farese's report also contains numerous statements which I believe are untrue or misleading. Attached as Exhibit 4 is a selection of statements by Mr. Farese which warrant correction or clarification. My thoughts and comments follow each of the selected statements. Finally, I have also attached as Exhibit 5 copies of the Emails and documents cited in Exhibit 4 Thank you for your time and consideration Respectively Submitted ~/~ Tor Kolflat 4. ~"-.",".':!'J_":.<;i-~~'::o'l;:''';':~"''''-____ -~,~="-~~'~"'=-~-'=~- Exhibit 1 'I"'eserve, I'm not suee 0' teat. : was just told it was. ':-(1r01: 8reiningJerd'e~ ::e.~: Friday, Jur,e 29,200712:39 PM ,-,::;;-: gocllenaur_r >i'j,?ct: RE: Permit'; 2006063048 . :' ,:'coss _ , 8m a little confused on this one, I see how it is not a comer lot but I do not see how you determined "U:: '.err ac,d sides, I have seen lots like this in the past and I am just curious. Also how are you determining the ','le yell have a protractor??? This is a strange one, I" _ i ~ -------------....--- : c I'.,: 9ochenaur_r :'., c Friclay, June 29, 2007 11:31 AM .,'G: Ei,einingJennifer .. '::',iamar~innegan; warren_w; CasertaAshley ::'ubject: RE: Permit # 2006063048 i:'j:~i-~~;S Jen think I see the problem, The front yard should be ok, but it's ntif a corner lot The definition requires an angle of ','5 c!',::]I'ees or less to make it a corner lot and this is around 140, If this is SF detached, the rear yard setback ,1'Ci it, although if Tract A is a preserve, there should be a 25-ft setback. I'm not sure I'm reading the setbacks on the plan right, though, It looks like a ref to a PUD Amendment that allows a 5-ft setback from Tract A, ')i-.,:,-)t:;';'I,::.-:r ~:ou may get a call on it. ,-.,..,'-' ,':I: BreiningJennifer :;8:1': Friday, June 29, 2007 9:05 AM, To: ~iochenaur_r '.:el !\lamarFinnegan; warren_w ,:'.:,;>ct: Permit # 2006063048 .r" ':'i ';:055 - Looks like it was reviewed as a comer lot and the Single Family Detached setbacks under the Olde Cypress PUD were used, Attached is the approved site plan. l-h~~!':!-~') . -i-. -'1. [S;'-- Exhibit 2 Unknown From: A. Roland Holt Sent: Monday, July 02, 20074:18 PM To: gochenaur_r Cc: BreiningJennifer; AlamarFinnegan; IstenesSusan; SchmittJoseph Subject: RE: Permit ## 2006063048 Finsi survey is being done now, Builder hopes for CO next week. I Informed him variance proceSS must start bewre TCO Gould be considered. The owner's son is a locall8V>'Yer who ;yill handle the matter. . Susan said you ~oUI~.ha~: ~:::~~:~ ~~:~~~ Wi1ich identifies the land north of the Grider home as Preserve. .1 have left wo as Ing IT . S est we Tuesda',' afternoon to come in to review circumstances. Susan Informed me you would handle It. ugg t'NO loal< at the plat as soon as you have it in hand, please. I also need some help understanding our LDC definition of a corner lot on a curved street. On this lot, ~e rear included angle is less than 90 degrees - - -well less than the 135 degrees in the definition, so IlTlusl be totally goofed up ir; understanding LOC verbiage. From: gochenaur_r Sent: Monday, July,-Q2, 2007 12:31 PM To: AlamarFinnegan; A. Roland Holt Cc: BreiningJennifer Subject: FW: Permit # 2006063048 "', FYi. I wasn't trying to aI/Qid involving supervisors. I just lhought Angel should be here to explain her side. . . Evidently it's been overtaken by events. i'U have a copy the whole file to Mr. Hold lhis afternoon. In my OpiniOn, this was not an easy plat to work with or an easy lot for detennining setbacks" The identification of Tract A as CE and ConselVation appears on the original plat. Olde Cypress Unit One, not Olde Cypress Unit 3, where Lot 28 is located, 'i" from: gochenaucr . Sent: Monday, July 02. 2007 8:56 AM To: BreinJngJennifer Subject: RE: Permit # 2006063048 : checked the plat and Tract A is identified as a conselVation and drainage easement. Although the Tract isn't specifically dedicated to anybody, John H says it goes to the HMO" According to Susan Mason, this would require a 25-11 setback from the property line for the house. I think we may have a problem, I've been called by the commissioner whose daughter lives next to lhe lot, which is owned by the ally for Stock Development. I p!an to teil him lhe best lhing would be to wait until Angel retums from leave. I don't want to get ;~to .;h1s mess until she has a chance to come up to speed. You can tell Alamar if you lhink you need to. but! l, ,In,. , .ogel needs to be here to lei us know how she handled It There may be somelhing we're not aware of. From: BreinlngJennifer Sent: Friday, June 29, 2007 1:18 PM To: gochenaucr Subject: RE: Permit # 2006063048 -' .. ~ It does not appear to have a preserve in lhe rear bul it does have a "10' G.C"E that the sllrveyor did not show on ,,; UI:tu~r K",emence ch Exhibit 3 .-Original Message-- om; ScbmittJoseph <JosephScbmitt@colliergov.net> _"' jchard Y ovanovich; IstenesSusan <SusanJs1mes@coIliergov.riet>; A. Roland 'Holt <ARolandHolt@colliergov.net>; kuck_t 'Kuck@coIliergov.net> ,raig Grider mt; WedJuI1819:37:042007 lbject: RE: Grider Residence icb, ..ill need to meet with you and Mr. (".rinttAr to explain the situation. Basically, the lot was presented to the COWlty by the developer and the chitect as a comer lot and as such the setbacks were approved accordingly. It is now clear that this is not within the definition criteria of a .mer lot and as such the house does not meet the required sethacks. In addition, the development tract, Tract 5 was replatted and 1he repIat iIed to show the conservation area that was approved with 1he original plat. So on top of the comer lot situation we have a preserve issue that obably affects this property as well as several others on the street ottom line _ being rather briet; )Ve have a real problem. None of1he site plans fur the homes showed 1he dedicated preserve and 1he GC ISement. It is the surveyor's responsibility to accurately depict these on 1he submittal" ~~~~ vacate a portion of the CE along the entire street so that the houses can aclrleve the required sethacks, remove the portion of the at is encroaching, or seek a vari&l1ce. I've directed staff to ''red tag" 1he ~e WltiJ we sort out the course of action. I have to asswne at Mr. Grinder will seek a variance. Realize that his house is only 5 reet from 1he "rear" property line. The best I can do is proceed to a :;0 provided your client proceeds with the request for a vari&l1ce. I met with several of the neighbors yesterday aild they are up in anns. This going to be ugly. ,garding the sidewalk - yes I have coucerns as well as to how this was approved, but that is a secondlllY issue. ,e ,seph K. Schmitt dministrator ommunity Development and Environmental Services Division nce - (239) 403-2385/2390 '" 11 - 595-9751 laIancing the demands of growth and the demands of the community" 0" k 'om: Richard Y ovanovich [mailio:IYovanovich@l!cilaw .com 1 ,nt: Wednesday, July 18,20073:50 PM ): SchmittJoseph " Craig Grider lbject: FW: Grider Residence ,e "11 ~g is a lawyer in our firm and has been told by his lontt""'lper that 1here is a stop work issued. He would like to get 1he landscaping done so " ' move in. Who can I talk to to get to the bottom of this? Exhibit 4 Comments Regarding Specific Statements in the Lawrence A. Farese Report of Olde Cypress- December 7,2007 Exhibit 4 Comments Reaardina Specific Statements in the Lawrence A. Farese Report of Olde Cypress - December 7,2007 In the pargraphs below, excerpts of the Farese report are repeated in italics with page and line number citations in the left hand margin. Comments pertaining to the excerpts follow in bold type. If Emails or documents are referenced a copy of the actual Email or document is included in Exhibit 5. Page 14 "In August of 2005, several months prior to purchasing the lot Craig Line 14 Grider spoke and exchanged Emails with David Hedrich of County Staff inquiring as to how the setbacks for the lot would be measured in view of its odd shape" "Mr. Hedrich confirmed by Email dated August 29, 2005 that ''you take the setback measurements from the cord line as opposed to the property line or back of curb, unless the PUD stipulates otherwise" In an Email to Susan Istenes, dated August 16, 2007 12:05 PM Ross Goachenaur comments that Hedrichs Email was not complete. Goachanaur states "To be saying we've been doing it that way for years is all true, but not all of the truth," Shouldn't Farese asked the question. What is "all of the truth" ? Page 15 Line 13 Farese quotes an Email from Mr. Grider. "Since the lot is on a cul-de-sac there are 2 front yards and 2 side yards for purposes of setbacks and once the release of the easement is recorded in the Public Records, the easement wil/'be of no further force and effect and the side yard setbacks will be 5' each in accordance with the Olde Cypress PUD." By definition a cul-de-sac lot does not have 2 front yards and 2 side yards as stated by Mr Grider. Page 15 Line 25 "Mr. Houldsworth's Email response did not comment on the setback requirements, and we have not seen a response by Mr. Hedrich, but neither advised Mr. Grider that his understanding of the set back requirements was incorrect" The lack of response doesn't equate to confirmation that the setbacks wer correct. Page 16 Planning Technician Angel Tarpley reviewed the application and boundary Line 6 survey and concluded that lot 28 was a comer lot simply by visual inspection of the survey Page 16 Line 10 Page 16 Line 12 Page 16 Line 33 Page 2 The LDC does not define nor describe criteria for allowing a "visual inspection". What does a visual inspection consist of.? "Because it was being reviewed as a comer lot county policy required review by a second technician. Jennifer Breining did the second review and concurred with the determination According to the report Beiring concurred with the determination of a corner lot. However in her Email to Goachenaur dated June 29, 2007 12:39 PM she states "I see how it is not a corner lot but I do not see how you how you determined front, rear and sides." "Angel Tarpley reviewed the setbacks against the PUD requirements and stamped and approved the setbacks on the applicants boundary survey showing two front yard setbacks of 25' and two side yard setbacks of 5'" The As-Built Survey (Copy in Exhibit 5) is stamped Setbacks-OK and initialed by W W (Wanda Warren) on November 2, 2006", not Angel Tarpley "At Mr. Kolflat's request, a meeting was held at CDES on July 17, 2007, attended by Joe Schmitt, Susan Itenes, Ross Goachenaur, Roland Holt, Alamar Finnegan, Angel Tarpley and several other staff members, Tor and Carol Kolflat, Melissa Showalter, and Diane Eberl". Not true. Mr. Kolflat did not request a meeting. He was advised of the meeting by Wanda Warren and asked Mrs. Istenes if he could attend. Ross Goachenaur was not in attendance at the meeting. Other staff members in attendance, but not listed in the Farese report as attending were Jennifer Breining and Wanda Warren Page 16 "At this meeting (July 17,2007), Mr. Kolflat argued that the Grider lot was not Line 36 a comer lot and should not have been permitted as such" Not true Mr. Kolflat did not argue the point. It was not necessary to argue. County staff was already aware on June 29,2007 (17 days before the July Page 3 17, 2007 meeting) that it was not a corner lot as confirmed by Ross Goachenaur in his Email response to Jennifer Beiring of June 29, 2007 9:05 AM that states "The front yard should be ok, but it's not a corner lot" Also Susan Istenes by telephone, several days prior to the July 17, 2007 Meeting, acknowledged to Mr. Kolflat that the Grider lot did not qualify as a corner lot. Both she and Joe Schmitt confirmed,at the meeting, that the Grider lot was not a corner lot. It was no longer debatable, with no reason to argue, and it was not argued Page 16 "He (Mr. Kofflat) asked staff to red tag the building, stop construction, and not Line 37 issue a C.O. to Grider" Not true Mr. Kolflat said nothing about a "red tag" and did not request that construction cease. The term "Red Tag" was raised by Joe Schmitt in the July 17, 2007 meeting and confirmed in his Email to Rich Yovanavich of July 18, 2007 10:37::04 the following day in which Mr. Schmitt says "I've directed staff to "red tag" the site until we sort out the course of action" In this same Email Mr. Schmitt makes the following statement regarding the Grider lot. "It is now clear that this is not within the definition criteria of a corner lot and as such the house does not meet the required setbacks." Mr. Schmitt goes on in this Email to describe to Rich "3 options-(1) vacate a portion of the CE (conservation easement) along the entire street so that the houses can achieve the required setbacks, (2) remove the portion of house that is encroaching, or (3) seek a variance." Page 17 Line 1 "In response to Mr. Kolflat's inquiry to Ross Goachenaur prior to the meeting, Mr Goachenaur re-examined the Grider lot and agreed that it technically did not meet the definitional requirements of a corner lot. Not true Page 4 Mr. Goachenaur knew long before the meeting of July 17, 2007 (as early as June 29, 2007) that it was not a corner lot per his Email to Jennifer Breining dated June 29, 2007 11 :31 AM which states "it's not a corner lot". Page 17 "Mr. Grider applied for a lot line adjustment as an insubstantial Line 16 boundary change pursuant to Section 10.02,028.8 of the LDC" County staff apparently brought up the suggestion of a lot line adjustment to extinguish the corner lot set back non-compliances Building Review and Permitting Director Roland Holt's Email to Angel Tarpley of July 20, 2007 3:42 PM states "Angel, Mr, Grider bought into your idea about chopping his lot to become a "corner" one. If that works out so as to solve the setbacks issue t'lI tell the story the rest of my life about you keeping your wits and coolly applying your knowledge with some creativity problem thinking solved a major problem GOOD WORK I'm proud to work with you." Page 19 "The issuance of the TCO was over the strong objections of Planning Line 29 Commissioner Kolflat and his daughter. " Not true The strong objections to the issuance of a CO or TCO were from Clay Brooker in the center of the second page of his letter of August 2, 2007 to Joe Schmitt and Roland Holt, ( See copy of letter in Exhibit 5) Page 20 "During the period of the KolflaflShowalter objections to County staff Line 8 concerning the Grider residence, in July 2007, the issue of the 25 foot preserve setback provided in the LDC was raised. It is not clear to us whether the issue was first raised by KolflaflShowalter or County staff. " It was first raised by County staff, not by Kolflat/Showalter The County staff was aware of the 25 foot Preserve set back as early as July 2, 2007 according to an Email of July 2, 2007 8:56 AM from Ross Goachenaur to Jennifer Breining in which he states "I checked the plat and Tract A is identified as a conservation and drainage easement ". "According to Susan Mason this would require a 25-ft set back from the property for the house". "I think we may have a problem" Page 5 Page 22 "For purposes of this investigation, suffice it to say that the approval of the lot Line 26 line adjustment appears to us to have been done in good faith by County staff in the ordinary course of business, and not motivated by any improper influences. " Mr. Holt sent an Email to Joe Schmitt on July 20, 2007 3:22 PM in which he states "By the way, the idea of chopping off 13' from the east end of the lot so it fits thecorner lot definition came from Angel Tarpley, who handled the application. A great example of "outside the box" since it would leave only the conservation issue with which to deal." Does the County staff "ordinary course of business" include devising methods for applicants to circumvent code regulations? Page 23 Line 6 "Commissioner Kolflat's calls and meetings with County staff have resulted in more time, attention, and scrutiny to this issue than would otherwise be the case." Not True During the seven months this issue has been under review Commissioner Kolftat has met with staff members on only four occasions. The vast majority of his involvement has been review of the County's public records and Email records. Page 23 "Mr. Farese suggests that Commissioner Kolflat recuse himself from further Line 9 participation in this matter. Mr. Farese fails to even mention the application of statutory law, which permits Mr. Kolflat to participate after disclosure of his interest (see copy attached in Exhibit 5). If this matter is ever scheduled for a hearing before the Collier County Planning Commission, Mr. Kolftat will of course comply with the law and refrain from voting on the issue. Exhibit 5 Copies of Emails and Documents Cited in Exhibit 4 - Comments Regarding Specific Statements in the Lawrence A. Farese Report of Olde Cypress- December 7, 2007 ~r J S Exhibit S Copies of Emails, Letters, Law etc. Cited in Exhibit A - Comments Regarding Specific Statements in the Lawrence A. Farese Report of Olde Cypress- December 7, 2007 Page 14 Line 14 From: gochenaur_r !Ot: Thursday, August 16, 2007 12:05 PM ,. IstenesSusan Subject: RE: Old Cypress 'm not sure. It establishes that David was involved in discussing how the setbacks for the lot would be set, and it looks like he lpproved the'same method Angel used, measuring from the chord alone and not from the points where the side lot lines meet the oadway. Easier to show than- to describe in text To say we've been doing it that way for years is all true, but not all of the truth, )0 you want me to email Grider myself and try to explain briefly what we're looking at as far as the language in the LDC for yard, ront, and that this resulted from a question from Brooker? 'rom: IstenesSusan ,ent: Thursday, August 16, 2007 11:46 AM fo: gochenaur_r ;ubjeet: FW: Old Cypress 'IIhat's his point? :rom: A. ROland Holt lent: Thursday, August 16, 2007 11:45 AM "0: IstenesSusan; gochenaur_r ;e: SchmittJoseph; AlamarFinnegan; TarpleyAngel ieet: FW: Old Cypress ~ ";.. ~e note attached email from Mr. Grider in which we told him to use chord measurement in 2005. 'rom: Craig Grider [mailto:cgrider@gc;jlaw.com] lent: Thursday, August 16, 2007 11:15 AM '0: A. Roland Holt ;ubject: FW: Old Cypress lr. Holt, Belo~ is confinnation from Collier County on the use of the chord setback that I received prior to designing and building lY home, It IS my understanding that the County has used the chord setback line for years and I do not believe changing the etback line after I have completed construction of the house based on County assurances is proper. Please do not hesitate to contact me if you have any questions. hanks, raig Grider rom: hedrich_d [mailto:DHedrich@colliergov.net] ent: Monday, August 29, 2005 9:47 AM CJ: Craig Grider ubject: RE: Old Cypress ~& is hard to read the words for what is setback lines, easement lines, and property lines. But the idea is correct. You take the ,," ,ck measurements from the cord line as opposed to the property line and or back of curb, unless the PUD stipulates .-~ rise. . ----Original Message----- From: uaig Grider [mailto:cgrider@gc;jlaw.com] Page 16 Line 10 the survey, \/Iiell at least the house is not encroaching into the easement. ~~~,.":f'0 '"'7(~,:~(::.:::?::~-~-::,~:,~-,;-;:' cc0~'.1 .~'t!ld-l;!(' ':,;\ -, -,,-~. I> '," 'I , , .~~' \.r, .. \0 " . =1 ,.,." , '.'. ,. -.-;:;::;~:~: ; :;,:: ~ --:,;:: ._~.~... v ._.._........, ,u'" .n'" s'" -~ I '1)),. ld.:-:o~~" 'r~--.{J:t T~1 Qsc.. 'I. 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'\f\ \:.::.,.... ....N tjO.1~':, \- ':C'"":-",',,,..j".. ~" . -'.n l;"~_~ ..~I...--.: .... ~ .!l, 27 ac "'J -~ ,- .-- ------- "---- -,--...,,",.--., -_..__.~~-.~~------~-_.~-.-.- --_._-.-._~;,..~- .__< __~_-~ ,..n __,~..___~- From: gochenaur_r Sent: Friday, June 29, 2007 12:50 PM To: BreiningJennifer SUbject: RE: Permit # 2006063048 0, Very strange. I used a protractor to get the degrees, I would cali the small lot line abutting the next lot a side, ani! the long lot line opposite the front yard a rear yard You may want to check the plat and see if Tract A is a preserve, I'm not sure of that, I was just told it was, From: BreiningJennifer Sent: Friday, June 29, 2007 12:39 PM To: gochenaur_r SUbject: RE: Permit # 2006063048 Hi Ross _ I am a little confused on this one, I see how it is not a corner lot but I do not see how you determined front, rear and sides. I have seen lots like this in the past and I am just curious. Also how are YOLl determining the degree, do you have a protractor??? This is a strange one, . Thanks~ Jen From: gochenaur_r Sent: Friday, June 29, 2007 11:31 AM Till>: BreiningJennifer <ON ,..... ,..... Q) Q) C>c: (U.- a..-J ....... ;;i;l'~ .~= ~ I~ ~~~ fo' ~'iS · ~~ .~u ~ F.u ~ w~ w~~ i ~3:l IS :~5~u~ ~cii .~~ ~ _ _ ~~~ g~~ 3h h~ ~ I ~ 8~I~i~ Sll~ ~;~ ;!~ : ~~Ii" ~o; ~!i.:::{ >-..... 3i5;;;!: d""...~~ (3 :",~ ~~= ilK~ ! lii I~ ~~: i~ i;IU ~l~ Ii!.! h~1 il! ~ ~ , ~~:.." hi ~~;,,~~~~ ~~ci.. ~ iW', "':ilii!iidillli~ lli! ~: IfI~ !n~~M!<rrWogij~!!8!i~ ~~ ~~f~~{- ' '~~~~dh!J=!~~~~d; ~~h ,.,~.;, ~~~~~;~~~~~~z'.. ~,,: ,;8~u -"" .~.~;,... . .".e _ d r3Ql ..... ... .~'1~~~~~;;~i 0... ~~c4..;...... <'-'.5lSlii &~~~~ ~ m,~ ~~~i;~!~~1 ~~~~~i!I~~~~il~1 ~f~~i~i~~i~~e .' .. I I I II.... III' ... , Ill.. d~;! a ~ ~ j!!!j~ ill, :.~l:~~it .... ... u~ l-l- :Jz z4:z~[l)::> -..-.J-ro:::> 0 -'~ o...u _ 0", ~'r!~~~U5 Wl-a:::<(t-:J g:08o..lt...c5 >-.....w -at) VC)a:::~ull4. 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(d) .sr'O~1 ._._.-._~~~~~'?-!! ~ "" , = = ~. ~ I C\l <( :> a:l C) I-(/) :z W.J (/)<( I- Z C> c E "E C;; "- "" :> '" rr: 0> '0 L-~ () ~ '" '0 C) 6;: .L.01 ~ ~ .1I".t:1 OJ lL '" w o o J: '" f- f- o U '" ~ '" Ol IX; II~ ~ ..:... 0 ..~ Qj 0 ~~ 0 g' ..gu ~ u ..............................-0. . ~'... ................. ""'^ , , l' \ : \'l.o. , ~.'" , - / ~,.. .' \'!},'f; ~ \:t ! '~ , \, \ , \ , \ , 'l z >< J: IO<l Q E:: ::> UJ <:t5-:'.~ ~- Q-,....a... ,~ ~:l ..z z. _'" ;:J ~d fij~~, a:l -~O:: ~~ 1 ~ ~5 CJ) :::!; ~u < ;. ~~ <c ~t= ... ~ ~z ... 0., .0 Uo i2:-o:: -0: ~~~~. OlDW<C Clach-- <(-g~ f35ClL<: t:l-- ::--CIl~l'-. '" '" C:l.C,o)'Q) "'",<0 ::tl>;::CQ "'",,,, ",,,,,,, gj", ~U)tr.l '" Z OQ~ ::r:Z::s "'::] , , \, ~ .. " ?:5P- / :; /~ , If!!. ''" -< ~-/~ ~ _!:;.'-~/-O; .,L~-J ~ 0 _ _ I: ~~ !i f ~~/J: I kll"J S wi :"r.../' <z ~:& ~;t tJ .Of .. ;f:~ /!?ih, {!?/:g (,rj:/ "'I , , ! / : , L__-.o~~___J /, .0 g ~ ~ "" ;;; " '" 000 "'~I ~;~ l'j"'", 52ia;- CQgC":l o~ t=l-, r.'l'" :z:: cn~ ....:I~IO ~p,.o "'<' oZ~ ... '" ~ m '" ~ >- ~ ~ ~ >- ~ ., o z => o m '-' z :;; X w o ~ z ., ~ n. ... ~ iil '-' ... o o ., , ~ '-' ~ ~ o Page 16 Line 36 preserve I'm not sure of tcat I was just told it was, (:ro tn; BreiningJennifer S8,:t: FI'iday, June 29, 2007 12:39 PM .~'o' gochenaur_r 3u.Jject: RE: Permit =; 2006063048 'II Ross - I am a little confused on this one, I see how it is not a corner lot but 1 do not see how you determined "ont. lear and Sides, I have seen lots like this in the past and I am just curious, Also how are you determining the ,:,e~l'e2 de you have a protractor??? This is a strange one, Tj-'3r' '~ ,)!;:;:' ,C,cm: gochenaur_r SE",t: Friday, June 29,200711:31 AM Tc: 61'einingJennifer Cc: AlamarFinnegan; warren_w; CasertaAshley Subject: RE: Permit # 2006063048 Inanks, Jen i tlllnk I see the problem. The front yard should be ok, but it's not a corner lot. The definition requires an angle of 135 c1c:grees or less to make it a corner lot and this is around 140, If this is SF detached, the rear yard setback :'0 h, although If Tract A is a preserve, there should be a 25-ft setback, I'm not sure I'm reading the setbacks 5"'1111'00011 the plan right, though, It looks like a ref to a PUD Amendment that allows a 5-ft setback from Tract A. 'i'k,ate'12I', you may get a call on It. r).03S ,'rom: 6reiningJennifer Sent: Friday, June 29, 20079:05 AM To: gochenaur_r Cc: AlamarFinnegan; warren_w cC::1ject: Permit # 2006063048 1'" Ross - Looks like it was reviewed as a corner lot and the Single Family Detached setbacks under the Olde Cypress PUD were used. AttaChed is the approved site plan, -j-h:..:nks, <.,.:'~n . :Uch Page 16 Line 37 ----Original Message---- 'rom: SchmittJoseph <JosephSchmitt@colliergov.net> , .. 'tichard Yovanovich; IstenesSusan <SusanIstenes@colliergov.net>; A. Roland Holt <ARolandHolt@colliergov.net>;kuck_t _" ,nKuck@colliergov.net> ~raig Grider ,...,: Wed Jul18 19:37:042007 ;ubject: RE: Grider Residence ~ich, will need to meet with you and Mr. Grinder to explain the situation" Basically, the lot was presented to the county by the developer and the rchitect as a comer lot and as such the setbacks were approved accordingly. It is now clear that this is not within the definition criteria of a orner lot and as such the house does not meet the required setbacks. In addition, the development tract, Tract 5 was replatted and the replat ailed to show the conservation area that was approved with the original plat. So on top of the comer lot situation we have a preserve issue that mbably affects this property as well as several others on the street. ~ottom line - being rather brief, we have a real problem. None of the site plans for the homes showed the dedicated preserve and the GC asement. It is the surveyor's responsibility to accurately depict these on the submittal. :!:~~ vacate a portion of the CE along the entire street so that the houses c!,,! achieve the required setbacks, remove the portion ofthe at is encroaching, or seek a variance. I've directed staff to "red tag" the tgite Wltil we sort out the course of action. I have to assume mt Mr. Grinder will seek a variance. Realize that his house is only 5 feet from the "rear" property line" The best I can do is proceed to a CO provided your client proceeds with the request for a variance. I met with several of the neighbors yesterday and they are up in arms. This "going to be ugly. egarding the sidewalk - yes I have concerns as well as to how this was approved, but that is a secondary issue. ,e )seph K. Schmitt dministrator ommunity Development and Environmental Services Division 'fice -- (239) 403-2385/2390 ,II -- 595-975 ] ~alancing the demands of growth and the demands of the community" ~'- 'om: Richard Yovanovich [mailto:rvovanovich@.gcilaw.com] mt: Wednesday, July 18,20073:50 PM ); SchmittJoseph 0: Craig Grider Ibject: FW: Grider Residence ,e . ,-' ^ is a lawyer in our finn and has been told by his landscaper that there is a stop work issued. He would like to get the landscaping done so ,", move in. Who can I talk to to getto the bottom of this? From: BrelningJennifer Sent: Friday, June 29, 2007 12:39 PM To: gochenaucr Subject: RE: Permit # 2006063048 Page 17 Line 1 Hi Ross -I am a little confused on this one. I see how it is not a corner lot but I do not see how you determined front, rear and sides. I have seen lots like this in the past and I am just curious. Also how are you determining the degree, do you have a protractor??? This is a strange one, Thanksl Jen From: gochenaur_r Sent: Friday, June 29, 2007 11:31 AM To: BreiningJennifer Cc: AlamarFinnegan; warren_w; CasertaAshley Subject: RE: Permit # 2006063048 Thanks, Jen I think I see the problem. The front yard should be ok, but it's not a comer lot. The definition requires an angle of 135 degrees or less to make it a corner lot and this is around 140. If this is SF detached, the rear yard setback is 20 ft, although if Tract A is a preserve, there should be a 25-ft setback. I'm not sure I'm reading the setbacks stamped on the plan right, though. It looks like a ref to a PUD Amendment that allows a 5-ft setback from Tract A, "';. Whatever, you may get a call on it. Ross ~-"_.__.._--~-----_._---~._--~~._---~--------~--~_.~----~-"-". ._-_..._-_._,_._----------~_..,--._-----_._---_._---_._~ From: BreiningJennifer Sent: Friday, June 29, 2007 9:05 AM To: 9ochenaur_r Cc: AlamarFinnegan; warren_w Subject: Permit # 2006063048 '. Hi Ross - Looks like it was reviewed as a corner lot and the Single Family Detached setbacks under the Olde Cypress PUD were used. Attached is the approved site plan. Thanks, Jen . 7/2/2007 ,,: U JOe cypress lot LIS Page 17 Line 16 TarpleyAngel Friday, July 20, 2007 3:53 PM A. Roland Holt Subject: RE: Olde Cypress lot 28 From: 1t: rracking: Recipient Read A.,Roland Holt Read: 7(23{2007 9:30 AM is won't get me fired. It was just thinking out loud. I need a job!!!! lm: A. Roland Holt nt: Friday, July 20, 20073:42 PM : TarpleyAngel : AlamarFinnegan bject: FW: Olde Cypress lot 28 gel, Mr. Grider bvught into your idea about chopping his lot to become a "corner" one. If that works out so as to solve the backs issue, I'll tell the story the rest of my life about how your keeping your wits and coolly applying your knowledge with some ativity problem thinking solved a major problem. GOOD WORK! I'm proud to work with you. ~ :..'>, .m: A. Roland Holt Ilt: Friday, July 20, 20073:22 PM < -- -hmitUoseph; IstenesSusan; kuckJ; AlamarFinneg,lO __ ct: aide Cypress lot 28 . ~~nding to you a copy the fax just received from home owner Craig Grider with surveyors sketch of making the lot into a mer" one and approval letters on sidewalk removal. By the way, the idea of chopping off 13' from the east end of the lot so it the "corner" definitio,n came from Angel Tarpley, who handled the application. A great example of "outside the box" since it lid leave only the Conservation issue with which to deal. .". ~oland Holt, PE Iding Official lier County 3)403-2442 &'lj\ Page 19 Line 27 EDWAfCO K. CHEFFY BOARD cmrFIEO CML TRrAL A11tJIUolEY .eoARO CERflfED BUSlre;" lJl1e,(f'1ON -..~. JOHN M. PAS51OOMO eQAAD tiS<<FED RI!AI. ESTATE A110RNEV GEORGE A. WIlSON 9OAP.O ceRrIRED WlUS. n:uJSTS &. ESTATES .(f'TOJlNEY F. EDWARD JOHNSON BO.Iroht)amlPIE)WIlJ.S_lllUSlS & ESrATES ATTQRUEY .JOHN D. KEHOE aoAADCEflTIFIB}GML.illW..~1f\' lOUIS D. D'AGOSTINO 80NtD Cl!Fmf'fED APPELJ..An: f'!VCf".cE ATlORNEV JEFF M. NOVI<TT DAVID" ZUUAN KEVIN A.. DENTI em PASSIDOMO WlLSON & JOHNSON .ATroRNIn'S Ja LAw. W' S21 FIrTH AVENUE SOUTH. SIJf1E 201 NAPLES. FlORIO<< "*"'" TElEPHONe: (239) 261-930D FJl:k (2!lQl2S1-97B2 E-t,li,\L: CPlNJ@napl&."'\aw.Q;T' August 2. 2007 JCI"ffiEY S. HClFFI<lAN l3CWID CERlft'IEO WII..LS. lRUS1S & EBT1iTSAl'llJRNEV lDUIS W. CHEI'fY atwm CERnfIS) FlEAL.ESt'VE A110RNEY USA H. BARNEr! 9aARD ceri1Rm m:Al E5t'ATE MTORNET' ClAY C. BRCXJKER ANDREYl H. A85S WIWAII J. DEMPSEY BOARD CERflRm REALESWE AT1tJ'U'IIEf STANLEY A. BUNNER. JR. ERiN K. DEGNAN ERIC 1: CQFRJAN m/>C(M, COFFMAN JASON O.lOWE ""~ GEORGE L lARNAOOE .,Joe Schmitt, CDES Administrator 2800 North Horseshoe Drive Naples, Florida 34104 A. Roland Holt, Building Dep't Director 2800 North Horseshoe Drive Naples, Florida 34104 RE: Grider home, 29411 Lone Pine Lane Lot 28 of Olde Cypress Unit Three Building Penn It Nos. 2006063048 and 2006112129 Dear Joe and Roland: This firm has been retained to assist Menssa Showalter, trustee of the S. Melissa Ross Trust. which owns the property immediately west (l..ot 29) of the above-referenced home (the "Grider home"). As you know (per letter dated JUly 1 B, 2007}, Ms. Showalter objects to the continued cOnstruction of the Grider home due to its setback encroachments" The principal structure on the subject property is situated, at various points, from 10.7 feet to 15.7 feet from the rear (northern) lotline which abuts the wetland conservation preserve (Tract A of Olde Cypress Unrl One). Moreover. the accessory swimming pool is only 5 feet from the rear lot line. According to the Olde Cypress PUD (Ordinance No. 2000-37), the rear yard setback for principal structures is 20 feet and the rear yard setback for accessory structures is 10 feet. Accordingly, the rear Of the principal structure, atvartous points, encroaches into the required setback by anywhere from 9.3 feet to 4.3 feet. Moreover, the swimmil)g pool encroaches into the required setback by 5 feet. Also, as mentioned above, Tract A (to the north of the subject property) is a wetland conservation preserve. The LOC (section 3.Q5.07.H.3.a) does not permit any primal)' Joe Schmitt, GDES Administrator 2800 North Horseshoe Drive Page 19 Line 27 structure to fall within 25 feet of such a preserve" It would therefore appear that the primary structure encroaches into this setback by as much as 14.3 feet. I understand that the homeowners and the builder characterized the subject lot as a "comer lot," as defined by the LDC, in an attempt to avoid the application of any rear yard setback (since a 'comer lot" has no rear yard per the LDC). If the subject lot is deemed a "corner lot,. the setback alcng the northem lot line would be reduced from 20 feet to 5 feat (the respective setbacks in the OIde Cypress PUD for a rear yard and a side yard). Apparently, County staff was persuaded that the subject lot is in fact a .comer lor' because. as, permitted. the principal structure and the swimming pool do not meet the applicable rear yard setbacks, The subject lot, however, does not meet the LDC definition of a 'comer lot." I,am informed that County planners concede this point Accordingly, all building pennits issued for the subject lot which do not apply the applicable setbacks (including, blAt not limited to building permit numbers 2006063048 and 2006112129) violate the LDC and, pursuant to Florida law, ore void" Our olicntdemnndo thot 011 oonotruGtion ocnGe immediately nnd that no certiflcalie of occupancy,liemporary or permanent, be issued. Itv.-ould appear that the only remedy to thiSi.siluation is an after -the-fact variance petition, ultimately voted upon by the Board of County Commissioners after the full publiC heating process. Ms. Showalter objects to any attempt to cure the setback violations by administratively converting the subject lot to a "corner lor or moving/adjusting platted boundaryJlot lines. We request advance notice of such administrative attempts or decisions, as Ms. Showalter wDl protect herpropeny tights through an appeal to the Board of Zoning Appeals (pursuant to Code of Ordinances section 250-58) and through any other remedies afforded by County ordinances and Florida law. In essence. Ms" Showalter's property rights are adversely impacted by the attempt to squeeze into the subject lot more structure than is pe.nnitted by the LOC" The Grider home is approximately twice the size of the average home in the neighborhood. At more than 5500 square feet. the Grider home is simply out of character for Ibis Landing, a neighborhood described in Olde Cypress marketing materials as one of "delached villas." If you have any questions or would like to discuss this matter with me, please do not hesitate to call. Thank you. Sincerely, ~~ Clay C. Brooker For the Finn cc: Client 1S,rs. Page 20 Line8 Unknown From: A. Roland Holt Sent: Monday, July 02, 20074:18 PM To: gochenaur_r ee: BreiningJennifer; AlamarFinnegan; IstenesSusan; SchmittJoseph Subject: RE: Permit # 2006063048 F\n5i survey is being done now. Builder hopes for CO next week. 1 imcormed him variance process must start before Tea coulc! be considered. The Gwner's son is a 10callaV>'Yer who will handle the matter. Susan said you would .ha~; ,a plat to show Tuesday wilieh ;dentifies the land north of the Grider home as Preserve. I have left word asking IT ,he lawyer son has lime Tuesd3\! afternoon to come in to reviev! circumstances. Susan informed me you would handle It. Suggest we ['NO lool~ at the plat as soon as you have it in hand, please. i also need some help understanding our lOC definition of a corner iot on a curved street. On this lot, the rear induded angle is less than 90 degrees _ - -well less than the 135 degrees in the definition, so I must be totally goofed up in understanding LDC verbiage. From: gochenaurJ Sent: Monday, July 02, 2007 12:31 PM To: AlamarFinnegan; A. Roland Holt ee: BreiningJennifer Subject: FW: Permit # 2006063048 's.. F\T ; wasn't trying to avoid involving supel\fisors, I just thought Angel should be here to explain her side. Evidently it's been Q'lJertaken by events. jll! have a copy the whole file to Mr. Hold this afternoon. In my opinion, this was not an easy plat to work with or an easy lot fo; determining setbacks. The identification of Tract A as CE and Conservation appears on the original plat, Olde Cypress Unit One, not Olde Cypress Unit 3, where lot 28 is located. '\~. From: gochenaurJ Sent: Monday, July 02, 2007 8:56 AM To: BreinlngJennifer Subject: RE: Permit # 2006063048 1 checked the plat and Tract A is identified as a conservation and drainage eas'8ment. Although the Tract isn't specifically dedicated to anybody, John H says it goes to the HMO. According to Susan Mason, this would require a 25-ft setback from the property line for the house. i think we may have a problem. !'ve been called by the commissioner whose daughter lives next to the lot, which is owned bv the aitv for Stock Development I plan to teil him the best thing would be to watt until Angel returns from leave, I don't want to get into this mess until she has a chance to come up to speed. You can tell Alamar jf you think you need to, but I think Angel needs to be here to let us know ho'l'! she handled it. There may be something we're not aware of. " From: BreinlngJennifer Sent: Friday, June 29, 2007 1:1B PM To: gochenaur_r SUbject: RE: Permit # 2006063048 it does not appear to have a preserve in the rear but it does have a 10' G.C.E. that the surveyor did not show on .J. ............-...... .....Jt:',......~~ LVl..L.oU Page 22 Line 26 :rom: TarpleyAngel ,t: Friday, July 20, 2007 3:53 PM A. Roland Holt )uo.>ject: RE: aide Cypress lot 28 f rracking: Recipient Read A.',Roland Holt Read: 7/23/20079:30 AM is won't get me fired. It was just thinking out loud. I need a job!!!! )m: A. Roland Holt nt: Friday, July 20, 2007 3:42 PM : TarpleyAngel : AlamarFinnegan bject: FW: aide Cypress lot 28 gel, Mr. Grider bc.ught into your idea about chopping his lot to become a "comer" one" If that works out so as to solve the backs issue, I'll tell the story the rest of my life about how your keeping your wits and coolly applying your knowledge with some ativity problem thinking solved a major problem. GOOD WORK! I'm proud to work with you. :~'i.t )m: A. Roland Holt nt: Friday, July 20, 20073:22 PM yr-:hmittJoseph; IstenesSusan; kuck_t; AlamarFinnegan '., ct: Dlde Cypress lot 28 " ' , ,ding to you a copy the fax just received from home owner Craig Grider with surveyors sketch of making the lot into a mer" one and approval letters on sidewalk removal. By the way, the idea of chopping off 13' from the east end of the lot so it the "corner" definition came from Angel Tarpley, who handled the application. A great example of "outside the box" since it lid leave only the Conservation issue with which to deal. "k ~oland Holt PE Iding Official Iier County ~)403-2442 IS.~" ~L"""C' ()(. LonsuIUuon : vIew MaIUtes :->2UU'/->ChUI12->Section 3' Page 23 Line 9 Select Year: 2007 The 2007 Florida Statutes :Ii.t.ltl PUBLIC OFFICERS, EMPLOYEES, AND RECORDS Chapter 112 PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS View Entire Chapter 112.3143 Voting conflicts.-- (1) As used in this section: (a) "Public officer" includes any person elected or appointed to hold office in any agency, including any person serving on an advisory body. (b) "Relative" means any father, mother, son, daughter, husband, wife, brother, sister, father-in. law, mother-in-law, son-in-law, or daughter"in.law_ (2) No state public officer is prohibited from voting in an official capacity on any matter. However, any state public officer voting in an official capacity upon any measure which would inure to the officer's special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom the officer is retained or to the parent organization or subsidiary of a corporate "principal by which the officer is retained; br which the officer knows would inure to the special private gain or loss of a relative or business associate of the public officer shall, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. 'T1N~ (3)(a) No county, municipal, or other local public officer shall vote in an official capacity upon any measure which would inure to his or her special private gain or loss; which he or she knows would inure to the special private gain or loss of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained, other than an agency as defined in s. 1JL3J2(2); or which he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer. Such public officer shall, prior to the vote being taken, publicly state to the assembly the nature of the officer's interest in the matter from which he or she is abstaining from voting and, within 15 days after the vote occurs, disclose the nature of his or her interest as a public record in a memorandum filed with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the minutes. (b) However, a commissioner of a community redevelopment agency created or designated pursuant to s. ;63.356 or s. 1U357, or an officer of an independent special tax district elected on a one-acre, one"vote basis, is not prohibited from voting, when voting in said capacity. (4) No appointed pUblic officer shall participate in any matter which would inure to the officer's special private gain or loss; which the officer knows would inure to the special private gain or loss 'lqPA7!"G. of any principal by whom he or she is retained or to the parent organization or subsidiary of a corporate principal by which he or she is retained; or ltIhich he or she knows would inure to the special private gain or loss of a relative or business associate of the public officer, without first disclosing the nature of his or her interest in the matter. (a) Such disclosure, indicating the nature of the conflict, shall be made in a written memorandum filed with the person responsible for recording the minutes of the meeting, prior to the meeting in which consideration of the matter will take place, and shall be incorporated into the minutes. Any such memorandum shall become a public record upon filing, shall immediately be provided to the /tatutes & Constitution :View Statutes :->2007->Ch0112->Section 3143 : fl~ Page 2~f Line 9 other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (b) In the event that disclosure has not been made prior to the meeting or that any conflict is unknown prior to the meeting, the disclosure shall be made orally at the meeting when it becomes known that a conflict exists. A written memorandum disclosing the nature of the conflict shall then be filed within 15 days after the oral disclosure with the person responsible for recording the minutes of the meeting and shall be incorporated into the minutes of the meeting at which the oral disclosure was made. Any such memorandum shall become a public record upon filing, shall immediately be provided to the other members of the agency, and shall be read publicly at the next meeting held subsequent to the filing of this written memorandum. (c) For purposes of this subsection, the term "participate" means any attempt to influence the decision by oral or written communication, whether made by the officer or at the officer's direction. (5) Whenever a public officer or former public officer is being considered for appointment or reappointment to public office, the appointing body shall consider the number and nature of the memoranda of conflict previously filed under this section by said officer. History.--s. 6, ch. 75-208; s. 2, ch. 84.318; s. 1, ch. 84.357; s. 2, ch. 86.148; s. 5, ch. 91-85; s. 3, ch. 94-277; s. 1408, ch. 95-147; s. 43, ch. 99-2. Disclaimer: The information on this system is unverified. The journals or printed bills of the respectlve chambers should be consulted for official purposes. Copyright (Q 2000-2006_ State of Florida. \ . Ea~ySketchJI . . . III . _;'olpr'l-,l'P . ,.,,..- :Ll:3;:) SECOND FLOOR Details..:.__ ____ File: 64625005581.xml ------ ----.-.------------ -- ----------,----_._.__._.~..._.._._-- ,a Summary .:.___,_____ _,' ~ode Description 1 + 1 Base Living Area Tl Base Living Area +lUP70 Living Area Up 70% GAR 70 Garage Attached 70% OP 30 Open Porch 30% , OP 30 Open Porch 30% I STOR 5 Storage Area 50% OP 30 Open Porch 30% Area 2743 , 28 ' 1135 ~ 743 ' 77 ' 368 . 32 . 144 . Adj. Area 2743 28 795 S20 23 110 16 43 S270 4278 Comments: --,"--'--"-'---'-~"----- .----------,._-------- ..----------- 08 PER 0606-3048 8/24/07 RES 963,000 STILES-SOWERS CONSTRUCTION, INC 2 "4 f L .l'L .t?AfE L./V/NG- A/f..f&',.(j /...>tJI/V/'v '" 2 74;3 f' 2 & -- ,27'.7/ Building Review and Permitting Page 1 of 1 Permit Tracking and Inspection Scheduling Back Job Description for Permit Number: 2006063048 IDesc: SIF FRAME 2 STY 400 AMPS WI IMPACT l~~~~e: (239)250- Ilva,ue: $963,000.00 I !Total Sq Feet: SS85 IINbr Bedrooms: 3 IINbr Baths: S,O I ILot Width: IILot Depth: IILot Area: IILot Acres: I Additional Information: IMPACT WIND/DOORS SOIL TREATMENT LOW VOLTAGE 12/12/06 REV: REVISED POWER PANEL, SDW R-2 CHANGE TO PLYWOOD SHUTTERS Jnf 1/3/07/FAXED PM REPORT TO FPL & LCEC/1 METERIDLS 12/15/06/NO TUG AFFIDAVIT ON FILEIDLS 1/3/07/RCVDD TUG AFFIDAVITIDLS 2-26.07 REV DELETE NON-IMPACT WINDOWS WI PLYWOOD SHUTTERS MP http://apps.colliergov .net/commdev Ipermits/tracking_insp/DescDet.cfm ?PermitNbr=20060... 7/31/2007 October 23-24, 2007 responded out of the 40? MR. RODRIGUEZ: That's correct. COMMISSIONER HENNING: Okay. Great, thank you. CHAIRMAN COLETTA: Okay. No other comments? Do I hear a motion? COMMISSIONER HALAS: Motion for approval. COMMISSIONER FIALA: Second. CHAIRMAN COLETTA: We have a motion for approval by Commissioner Halas, second by Commissioner Fiala. Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: The ayes have it unanimously. Thank you very much. MR. RODRIGUEZ: Thank you, Commissioners. Item #100 A DISCUSSION WITH THE BOARD OF COUNTY COMMISSIONERS (BCC) TO REVIEW THE HISTORY AND CHAIN OF EVENTS RESULTING FROM A PLATTING OMISSION FOR THE OLDE CYPRESS UNITS TWO AND THREE PLATS, IN THE OLDE CYPRESS PLANNED UNIT DEVELOPMENT (PUD) AND TO DISCUSS THE POTENTIAL Page 61 October 23-24,2007 MEANS TO RESOLVE THE RESULTING ENCROACHMENTS INTO THE SETBACK REQUIREMENT FOR PRESERVE AREAS FOR 18 EXISTING SINGLE FAMILY RESIDENTIAL STRUCTURES IN UNITS TWO AND THREE - STAFF WILL CONTACT THE HOMEOWNERS W /SETBACKS OF UNDER THE 25% DISCREPANCY TO APPLY FOR AN "ADMINISTRATIVE V ARIANCE" WITH A REDUCED GROUP APPLICATION FEE - APPROVED; SECOND MOTION WAS MADE TO INCLUDE AN INDEPENDENT INVESTIGATION BY OUTSIDE COUNCIL (CONTRACTED THROUGH THE COUNTY ATTORNEY'S OFFICE) OF THE REVIEW/APPROVAL PROCESS AT CDES AND ANY STAFF INVOLVEMENT; REMAINING HOMEOWNERS IN VIOLATION WILL BE ISSUED A NOTICE OF VIOLATION (NOV) AND WILL NEED TO APPLY FOR A PROPER VARIANCE- APPROVED MR. MUDD: Commissioner, that brings us to our next time certain item, and that is 100, and it's to initiate a discussion with the Board of County Commissioners to review the history and chain of events resulting from platting omission for the Olde Cypress, units 2 and 3 plats, in the Olde Cypress planned unit development, PUD, and to discuss the potential means to resolve the resulting encroachment into the setback requirement for preserve areas for 18 existing single-family residential structures in units 2 and 3. Mr. Joseph Schmitt, your Administrator of Community Development/Environmental Services, will present. COMMISSIONER HENNING: Mr. Chairman? CHAIRMAN COLETTA: Yes, sir. COMMISSIONER HENNING: I would like all the participants in this item to be swom in. CHAIRMAN COLETTA: Okay. Would all those people Page 62 October 23-24, 2007 wishing to participate in this, please stand at this time and be sworn in by the court reporter. (The speakers were duly sworn.) CHAIRMAN COLETTA: Go ahead, Mr. Schmitt. MR. SCHMITT: Commissioners, good morning. For the record, Joe Schmitt, Administrator of Community Development and Environmental Services division. The purpose this morning is to advise the Board of County Commissioners on a recently discovered omission which happened during the platting of units 2 and 3 within the Olde Cypress development which resulted in the issuance of building permits for structures which now are believed to encroach into the required setback from the platted preserves to varying degrees, and I provided that information in Exhibit A. The encroachment now encompasses 18 properties. The purpose of this item is to provide the board an opportunity to discuss with staff the findings for the board to evaluate the options and to resolve the encroachment issues that are -- that I'm going to be discussion in regards to this situation. What I'd like to do now is kind of walk the board through this process so you can understand how this evolved and basically understand how we uncovered the problem. This is a -- this is just a master showing Olde Cypress unit 1, and I'm going to focus in on those tracts. I'm going to go to the next slide basically, which will enlarge those tracts 3 and tracts 2. Those are -- those are Olde Cypress unit 1. Those tracts 2 and 3 are then replatted, basically replatted, and this is the preliminary plat. This is the north end. Note, again, tracts 2 and 3, and I'm going to circle there the tract A noted as a conservation easement. This is the preliminary plat. I'm going down to the south portion of that same plat, preliminary plat, plats 2 and 3. And I just want to zero in again, tract A, noted as a conservation Page 63 October 23-24, 2007 easement. All this information was provided in your packet. This is now when we get into tracts 2 and 3 being replatted actually into a subdivision to become Wild Orchid Court and Treeline Drive. This was in -- approved by the board in June of 1999. And I flip again to the southern portion of those two developments. I'm going to focus in and note that the preserve note no longer exists. I'm not saying what was approved was illegal. It's just that they dropped the notation of preserve and simply just noted in a note the aIde Cypress unit 1, page 32, or at least the property -- the book, and then the pages 1 through 11. Note I circled in green -- also these plats now include a lO-foot golf course easement and a 10- foot utility and drainage easement. And again, this is the note that is adjacent to what was in the master preserve and now is noted as simply more than a note referencing the -- and John, what is that? That's the -- MR. HOULDSWORTH: The golf course. MR. SCHMITT: Yes. Again, with tract 5 replatted, this becomes Lone Pine Drive, similar situation. I'm focussing in on tract 5, focus in again, and that is, again, tract C, tracts A and C. That is, again, replatted to Lone Pine Drive. This is the upper portion of Lone Pine Drive. And I'm going to now focus in again on the notes. This is tract A, and these are -- is what was recorded. Instead of noting it as a preserve, it notes simply just as Tract A, unit 1, and note, again, they have platted or shown on the plat the golf course easement. Understand that these plats then become the master when the building permits come in and the site plans for the building permits. This is what staff bases and evaluates to validate setbacks for the respective homes that are built on these -- in these developments. This is an aerial. Simply shows Loan Pine Drive, and certainly you can see it's pretty evident that it is a preserve, at least from this picture, but was not noted as such in the final plat. Page 64 October 23-24,2007 I'm going to flip through some slides to show you. These are the properties. I want to stress here, again, that the -- these are requirements of a 25- foot setback for the principal structure, 10- foot setback for accessory structures. I do -- what I -- the purpose of this is to show, this is not a serious problem in regards to encroachments into the setback. It's a dimensional encroachment, but you can clearly see by these pictures where -- the property line and then the start of the preserve. Similar picture here, as we go down and you can see again, and this was the house that sort of brought everything to -- at least to life as far as staff. This -- this house is a five-foot setback and note that it's -- it's right up to the property line. And, again, this is a picture of the back yard of that respective house. These are the summary of the violations, and they range every -- from a maximum of 14.3 feet to less than a foot, and, again, on Tree Line Drive and Wild Orchid. The purpose today is to discuss with you the options, to amend the PUD, and the pros and cons are listed. I think the most significant pro is that it allows for public input and it allows for the public hearing process. It would go before the Planning Commission and go before the Board of County Commissioners, of course, or the Board of Zoning Appeals. The con, of course, is the high costs associated with it, and I'll get into costs in my last slide. The second option is require the property owners to come in and obtain a separate variance for the encroachment. Again, this does allow for the public hearing process, but it puts the burden on each individual property owner. Option three, administratively approve the encroachments. We do believe we have an option that we can administratively approve individual requests for administrative variances up to six-and-a-quarter feet for the setback encroachment into the preserve. Page 65 October 23-24, 2007 And the last option is replat. This is probably the least -- it probably -- well, this would require an amendment to the district. It's the South Florida Water Management District permit and probably the most costly option because it would require all the engineering to be redone, replatting of each of the developments, and a modification to the district permit. So there's your options. And some of those costs are laid out because I did not in any way, shape, or form try and estimate what it would cost for the private consulting fees. Option I, $6,000 for a strikethrough and underline amendment. It would be a rather simple amendment to identify the preserve setback and do a strikethrough and underline type of amendment, which this board has approved to be done like we've done in the past with other amendments, the advertising costs, that's the advertising costs for both the Planning Commission and the Board of County Commissioners, and then of course, if there are any outside consulting fees. Staff is certainly willing to assist to get through this process. The property owners, it would be a -- obtain a separate variance. That's $2,000 per applicant. If it's deemed to be an after-the-fact permit by the Board of County Commissioners, it would certainly be up to almost $73,000 when you're looking at the properties involved, plus the advertising costs. Administrative appeal is a thousand dollars per property, and we believe that the dimensions and the variances that are dealing with these individual properties, all but two, most likely, could be dealt with through the administrative variance process. And the replat could be anywhere from $7,000 on up. That pretty much covers my introduction. Subject to your questions, that concludes my presentation. I have members of my staff here to answer any questions that you wish to address in regards to the platting process, the survey process, and the building review and permitting process. Page 66 October 23-24, 2007 CHAIRMAN COLETTA: I'm going to lead off, if! may. Mr. Schmitt, this is a very complex issue in the fact that we have innocent homeowners that have been greatly impacted by it, but it's very troubling to see this issue and some of the names that are attached to it coming forward. It looks very much like the system has been manipulated beyond any kind of reasonable expectation, I think mostly by the developer, but I can't be entirely sure that staff didn't have some involvement in this. What I'm going to do before I turn it over first to Commissioner Henning, then Commissioner Halas, is I'd like the commissioners in their deliberations here to consider having this item -- I mean, go forward possibly with the action to be able to correct the error in judgment that's been brought out on the landowners, but to possibly consider rolling this into the issue that we have with the Pebblebrooke PUD and having an investigation done by an outside firm to be able to see exactly how this whole thing comes together. If not that firm, maybe a hearing officer. I'm offering that as a point of discussion as we go forward. Commissioner Henning, we'll go to you next. COMMISSIONER HENNING: Well, isn't it odd that both of these issues are in my district? CHAIRMAN COLETTA: That's troubling, Commissioner. COMMISSIONER HENNING: Is there any correlation there, Mr. Schmitt? MR. SCHMITT: Commissioner, no. This all came about on a property at 2949 Lone Pine Road or Lone Pine Drive, which was reported to be an encroachment. It was discovered that there was no consideration for the setback of preserves. I asked my staff if that was the case for that home, how many other homes in that development were -- where preserves were not considered? I think the problem here with this, and what happened with this, is the -- and if I could back up when some of these came in. Page 67 October 23-24,2007 And you look at a platted subdivisions, and you see a la-foot golf course easement. I am not sure at one time they may have considered this to be a golf course easement. Again, this is -- this was platted and subdivided in the late '90s. And when staff looks at this as the master, someone may conclude -- I can only assume once someone may have concluded that the -- that what was behind there was a golf course and not a preserve, so -- COMMISSIONER HENNING: Mr. Schmitt, how many other communities do you feel that might have this same problem? MR. SCHMITT: That I don't know, and I can't answer that unless we look in every one of the platted subdivisions and find out if there are other subdivisions that came in with the similar problems dealing with setbacks or preserves. COMMISSIONER HENNING: Well, it's a determination by staff, if a PUD is silent on a preserve setback, that the Land Development Code kicks in. MR. SCHMITT: That's correct. COMMISSIONER HENNING: I can tell you that I haven't remembered seeing a setback of preserves in any PUDs that came before the Board of County Commissioners, so this could be a countywide issue. MR. SCHMITT: Commissioner, there are -- there are PUDs in this county that allow only five-foot setbacks from preserves. COMMISSIONER HENNING: What is your recommendation in this case? MR. SCHMITT: My recommendation is that we amend the -- we amend the PUD. That's the staff recommendation. It's the cleanest way. It's the most legal way. The PUD -- by amending the PUD, they can ask to have the preserve setbacks at least be equivalent or equal to the development criteria, the 20-foot setback. And if anybody can't meet that, then they'll probably have to come in for a separate variance. But our Page 68 October 23-24, 2007 recommendation is that they amend the PUD. COMMISSIONER HENNING: This is a DR!, correct? MR. SCHMITT: Yes, it is. COMMISSIONER HENNING: Have you contacted South Florida planning council on this issue? MR. SCHMITT: No, Commissioner. This is -- it's a local issue. We have not contacted the Regional Planning Council. COMMISSIONER HENNING: Does this have any listed species in the preserves? MR. SCHMITT: There's a tremendous amount of preserves in this -- in this PUD. COMMISSIONER HENNING: Do you know that the Regional Planning Council considers that a substantial deviation according to the planner, Dan Trescott, in the Regional Planning Council? MR. SCHMITT: I have not talked to Dan about this yet. COMMISSIONER HENNING: Have you talked to the district that has the conservation easement in their name? MR. SCHMITT: We've had the district out there on site, a representative from the South Florida Water Management District, along with my staff walking the entire preserve. Frankly, the setback for the preserve is there to protect the integrity of the preserve, and we've had vegetation and encroachment into the preserve. COMMISSIONER HENNING: Have you talked to them about your recommendation to amend the PUD? MR. SCHMITT: No, sir, I have not. COMMISSIONER HENNING: So this could be a very large issue. Now, who's supposed to pay for this PUD amendment that you're recommending? MR. SCHMITT: That's another option for this board. If you deem that it was staff that was responsible, we're going to -- COMMISSIONER HENNING: What is your recommendations? Page 69 October 23-24,2007 MR. SCHMITT: Well, Commissioner, I believe that the developer ought to pay for it. It's a -- it's the developer -- ultimately the developer is responsible for the development and the submittals, and these are -- these are submittals done by professionals, and I believe that the developer if -- should pay for it, and if not, we jointly pay for it. If you believe that there's staff -- that staff made errors that were involved in this and you believe it should be somehow jointly paid for, then we'll move in that direction. COMMISSIONER HENNING: Are you asking us to deviate from the Growth Management Plan on a PUD amendment? MR. SCHMITT: Commissioner, there are -- that -- I am not asking you right now with that. We're asking for guidance and -- COMMISSIONER HENNING: Do you know what the Growth Management Plan says on this issue? MR. SCHMITT: I'll defer to my staff on that. Bill? COMMISSIONER HENNING: While Mr. Lorenz is coming up, what started this issue? MR. SCHMITT: This issue started with a property located at 2949 Lone Pine Drive, or Lone Pine Lane, had to do with an argument over whether it was a corner lot or the setback, and that's the lot shown right there, lot 28. And it was permitted as a corner lot. The building permit came in to allow for setbacks on that comer lot. Now, that's an argument for a different day because that decision was appealed. COMMISSIONER HENNING: Well, let me ask you a question. MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: That house is under construction, correct? MR. SCHMITT: It's been issued a TCO. COMMISSIONER HENNING: When did the house start under construction? MR. SCHMITT: I don't have that -- COMMISSIONER HENNING: When did you -- when was you Page 70 October 23-24, 2007 aware of -- there was a problem on this lot? MR. SCHMITT: We were -- staff was made aware of that, and I'm thinking either the Mayor June time frame of this year. COMMISSIONER HENNING: Okay. Was it under construction at that time? MR. SCHMITT: It was 95 percent complete at that time. COMMISSIONER HENNING: Mr. Schmitt, in the past you have come to the Board of County Commissioners and said, Commissioners, we have a problem with a house being built on a lot. MR. SCHMITT: Yes. COMMISSIONER HENNING: In fact, I remember a lot, a comer lot, in Golden Gate Estates. MR. SCHMITT: Yes. COMMISSIONER HENNING: And that you was asking the guidance of the Board of County Commissioners, Commissioners, should we stop this proj ect until he obtains a variance or should we tell him to proceed at risk pending the outcome of a variance. MR. SCHMITT: That's correct. COMMISSIONER HENNING: Why wasn't that -- why wasn't we informed of this? MR. SCHMITT: In this case this was deemed to be a comer lot. The setbacks met the requirements, and there was a lot line adjustment that was an administrative process to validate that. There was no requirement for a variance for that property. COMMISSIONER HENNING: There's no requirements today for a variance on that property? MR. SCHMITT: Other than the setback requirement for the preserves. COMMISSIONER HENNING: So there is a variance problem with this lot? MR. SCHMITT: Yes, that lot -- COMMISSIONER HENNING: Who is this person that is Page 71 October 23-24, 2007 getting this special consideration that didn't come to the Board of County Commissioners to ask for -- to proceed at risk? MR. SCHMITT: All I know is the property owner is Mr. Greider, a Craig Greider. COMMISSIONER HENNING: Is there other cases that you have not brought issues like this to the Board of County Commissioners? MR. SCHMITT: Not that I'm aware of COMMISSIONER HENNING: Okay. MR. SCHMITT: The situation you talked about that was brought to your attention in Golden Gate Estates was an issue of a variance, required variance, to either issue a stop work order or allow the builder to -- COMMISSIONER HENNING: Because of a setback issue? MR. SCHMITT: That's correct u to proceed at his own risk. There was no setback issue, at least from a staff perspective. And reviewing the situation for lot 28, there was no setback requirement. There's two side yards and two front yards. And, again, we're dealing with an issue that's going to be appealed before this board that's coming to you under a separate appeal. That was an administrative -- it was a -- reviewed, deemed to be -- meet the required setbacks. The only requirement or the only setback problem was dealing with the 25-foot setback with the preserves. And once we discovered that was a problem, I directed my staff to go back and tell me how many other homes in that development did not meet the 25-foot setback, and that's why we're here today. We're here today to bring-- COMMISSIONER HENNING: Don't you think after looking at all this, this should have came to the Board of County Commissioners? This single lot should have came to the Board of County Commissioners so that we're aware of the problem? You gave him a temporary CO, right? Page 72 October 23-24, 2007 MR. SCHMITT: That's correct. COMMISSIONER HENNING: What's the conditions on their temporary CO? MR. SCHMITT: Six months temporary CO. COMMISSIONER HENNING: For what? Why? MR. SCHMITT: Because of the appeal that was filed against that home. There's two appeals that were filed-- COMMISSIONER HENNING: So it's only -- you gave him a temporary CO because there's an appeal? MR. SCHMITT: That's correct. COMMISSIONER HENNING: Not because there's a setback issue? MR. SCHMITT: Nobody has been cited in this community yet for any violation of a setback. COMMISSIONER HENNING: I'm sorry to steal the floor. CHAIRMAN COLETTA: No. You're dealing with this fine. You know, what we may want to do in a moment though is -- you've got more questions, I'm sure, and as we go through the deliberations you're going to have even more. Let's go on to Commissioner Halas and Commissioner Coyle, then we'll come back to you, Commissioner Henning. COMMISSIONER HALAS: Can staff tell me if this development has been turned over to the homeowners association? MR. SCHMITT: This development has not been turned over. I believe it's at least been identified and beginning the process for turnover from the developer to the homeowners association. COMMISSIONER HALAS: Okay. So ifthere's any cost to be incurred in regards to setting -- to change the PUD to go back for an amendment or anything of this nature, then there is the possibility that this would be shouldered by the developer; is that correct? MR. SCHMITT: That's at your direction. If you want to direct it to the developer or you believe that staff should carry the burden on Page 73 October 23-24, 2007 this. COMMISSIONER HALAS: Well, I think the developer-- obviously we've got some problems because it wasn't defined as we went through the process here. There wasn't anything defined that said that it was a preserve. The first one said it was a preserve, but then later on it was dropped from the evidence that you brought forth, and it seems to me that -- I think that the developer's got an obligation here. But I'll wait and listen to the whole situation. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Yeah, let's -- excuse me. Let's deal with this -- the document that's before us right now where it specifies there's a lO-foot golf course easement here. That in fact, is untrue, isn't it? There is no 10-foot golf course easement here? MR. SCHMITT: There is on every property except that one listed shown there on 28, but that dashed line along the whole plat is -- that golf course easement still exists. Lot 28, the applicant n or the builder asked to have that removed, and it was administratively removed from that -- from that lot. COMMISSIONER COYLE: Who is responsible for presenting accurate documents to the staff for consideration and approval? MR. SCHMITT: I hear your question, but I mean, that's up to the applicant. The design professional is responsible for submitting accurate information to the staff for the staff to review. COMMISSIONER COYLE: And is it customary for the staff to verify what these easements or setbacks are? Wouldn't it be an appropriate thing for the staff to look at what is adjoining this property in order to determine what the setback requirements should be? MR. SCHMITT: Yes. Every one of these go through -- goes through extensive review through the departments, signed offby the county attorney, and then approved by the board. COMMISSIONER COYLE: And apparently no one really looked at these adjoining properties because, as you earlier stated, that Page 74 . October 23-24,2007 if anyone would have looked at the aerial photo, you would see that it was some kind of preserve, right? MR. SCHMITT: Yes, sir, but I can't answer in regards to what happened in '98 or '99 when this came in for review. COMMISSIONER COYLE: Okay. Is it now our common practice to take a look at these things so that we understand what is adjacent to the property we're reviewing? Are we doing that now? MR. SCHMITT: Commissioner, yes. Every home that comes in now, ifthere's a note like this, we go back to the original plat to ensure. I mean, it is -- we placed this in practice when we first learned about this, and now we go through -- like I said -- when an individual home permit comes in, we go back. If we don't understand what the note says on the plat book and page number, we'll go back to that plat book and page number and verify what that is, the adjacent property is designated as. COMMISSIONER COYLE: Okay. When was the Temporary Certificate of Occupancy issued? MR. SCHMITT: Commissioner, I don't have that information with me on that specific property. COMMISSIONER COYLE: Could we get that information? MR. SCHMITT: Maybe Bob. Bob, you -- MR. DUNN: I don't have it with me. MR. SCHMITT: It was sometime in August, and I just -- I don't have the specific date on that. COMMISSIONER COYLE: Sometime in August? MR. SCHMITT: Yes, sir. l'lllook that up. And again, that was an issue dealing with the Greider residence and not with this issue. COMMISSIONER COYLE: Is there a staff member who was involved in this approval that is related to an officer of Stock Development Corporation, the developer? MR. SCHMITT: I have that staff member John Houldsworth whose spouse works for Stock Development, yes. Page 75 October 23-24, 2007 COMMISSIONER COYLE: And was that staff member involved in the review and approval process of this development? MR. SCHMITT: It's one ofthe members in the engineering department, yes, and signed off by the engineering director. COMMISSIONER COYLE: Now, you've listed the setback encroachments for the properties but you've considered principal structures only. How about accessory structures? What would that list look like if we included accessories violations? MR. SCHMITT: Commissioner, we have not done an analysis on the accessory structures. I doubt it would add many more. It-- maybe add one or two more, but we're still within the analysis to do the accessory structures. COMMISSIONER COYLE: Okay. Thank you very much. CHAIRMAN COLETTA: Let's -- we'll go to Commissioner Fiala, then back to Commissioner Henning. COMMISSIONER FIALA: Okay. I think Commissioner Henning was first though. CHAIRMAN COLETTA: He is, but I wanted to give you an opportunity, because we're going to give Commissioner Henning quite a bit of time -- COMMISSIONER HENNING: Ladies are always first. CHAIRMAN COLETTA: -- to probably wrap this up. COMMISSIONER FIALA: Regarding the golf course easement. MR. SCHMITT: Yes, ma'am. COMMISSIONER FIALA: Are they issued for golf course? MR. SCHMITT: No. Ma'am, that's just a designation on the subdivision plat for a golf course easement. I believe at one time this may have been considered to be a portion of the golf, but when they got their district permit, they were told they could not go into that portion of the preserve. But I don't know. We've not done that kind of an investigation. I have no idea, but that seems to be pretty standard, and every Page 76 October 23-24, 2007 subdivision plat that you have in your book shows a golf course easement as part of the plat. COMMISSIONER FIALA: Did they ever apply for a golf course easement? MR. SCHMITT: No, ma'am. No, that's just part of the design. They note it, and it's recorded as an easement in the final plat of process. And it's -- on the cover sheet of the submittal that's signed off, it's noted as a dedicated easement. COMMISSIONER FIALA: So when you look at a plan and it says golf course easement, is it supposed to show an SDP with a golf course in it? MR. SCHMITT: No, ma'am. It just -- not necessarily. It'sjust something they would put on there to indicate possibly they would -- that this may be a platted -- join-in golf course easement, or golf course. COMMISSIONER FIALA: Thanks. CHAIRMAN COLETTA: Okay. Commissioner Henning? And also, too, we do have several speakers -- COMMISSIONER HENNING: I'll keep it short. CHAIRMAN COLETTA: -- to give us guidance also. But go ahead, Commissioner Henning. COMMISSIONER HENNING: The owner is to sign a -- owner or builder is to sign a disclosure statement that the construction will comply with laws and ordinances? MR. SCHMITT: That's correct. That's part of the permit process. I can -- my building director's here if you want any specifics on the building process. Bob? COMMISSIONER HENNING: Mr. Lorenz needs to answer my question, too. We'll take a coin and flip it. MR. LORENZ: For the record, Bill Lorenz, Engineering Environmental Services Director. Commissioner, I believe your question was, what Growth Management Plan requirements could Page 77 October 23-24, 2007 potentially impact the PUD amendment with regard to the setback? The setback to preserves is a Land Development Code requirement. There's no Growth Management Plan -- COMMISSIONER HENNING: What about -- MR. LORENZ: -- requirements for the setback. COMMISSIONER HENNING: -- amending PUDs? MR. LORENZ: That would -- that would -- from a standpoint of amending the PUD to give a deviation to the setback would not be a Growth Management Plan issue. COMMISSIONER HENNING: Well, when you amend a PUD -- and I know that you deal with environmental issues and not -- you don't know the future land use, but I'm sure you know the conservation element of the Growth Management Plan. I'm concerned that we're being asked to do something that hasn't been investigated properly. MR. LORENZ: If the amendment is solely to give a deviation to the 25-foot setback, that would simply be a deviation ofthe Land Development Code. The Growth -- that would not be any change or violation of the Growth Management Plan. COMMISSIONER HENNING: Just the LDC ordinance violation. MR. LORENZ: A deviation, which a PUD could allow for a deviation to the Land Development Code requirements, yes. COMMISSIONER HENNING: Are we being asked, Mr. Schmitt, to -- just for these noncompliant lots for the PUD amendment? MR. SCHMITT: I would say no. It would be an amendment for the entire PUD. And I need to correct the record also because when you mentioned the DRI, the only way that the region -- RPC would be involved in this, or the district, if it required a reduction in the preserves. The setback change, as Bill just pointed out, is an administrative process. It does not impact the district permit nor the Page 78 October 23-24, 2007 preserve calculations. COMMISSIONER HENNING: Maybe it was director of the Regional Planning Council's mistake that he mentioned that to me then. MR. SCHMITT: We'll confirm that. I don't see any reason why the DR -- why this would be involved in the RPC, but we can confirm that. COMMISSIONER HENNING: So what would you do to amend the POO? These would become in compliance, but what would-- how would that impact the other residents? MR. SCHMITT: Everybody then would be eligible to go to the reduced setback. And my recommendation would be -- and it's listed in your packet, the development standards, and that's on your page 10 of29. The rear yard setbacks and side yard setbacks is listed for the setbacks, not for the preserves, that the amendment would basically match, the preserve setback, so everybody would be -- have the option then to -- if they wanted to go further into their back yard, they would have the option to do so. COMMISSIONER HENNING: But here's the thing. Have you drove in that community? MR. SCHMITT: Yes. COMMISSIONER HENNING: Played golf in there? MR. SCHMITT: I've been in that community, yes. COMMISSIONER HENNING: How many single lots are left in there? MR. SCHMITT: Commissioner, that I do not know. COMMISSIONER HENNING: Yeah. I mean, I didn't view very many of them, so you've got -- from what I understand, there's 400 -- over 400 homes built in there, so people -- the majority, the supermajority, or 80 percent -- no, I'm sorry -- 95 percent complied to the setbacks, but yet you're only saying that 18 hasn't so far. MR. SCHMITT: Right. Page 79 October 23-24, 2007 COMMISSIONER HENNING: So you want to do a PUD amendment for a chosen group when the others complied with the ordinance? Wouldn't it be better to do a variance? MR. SCHMITT: Each individual come in for a variance? We could do that. That was an option. COMMISSIONER HENNING: Well, what I heard you say is that you playa part in this, correct? MR. SCHMITT: I feel some responsibility. My -- the staff review process, I believe there's responsibility from the staff in not catching this, whether it's -- there's a legal aspect of that. From a standpoint of saying the staff is responsible, we've not explored that with the county attorney. COMMISSIONER HENNING: Well, being that everybody signs an agreement that it would fall in the ordinance, this is a financial burden on my residents that was caught on a house that was being constructed. You have the ability to do a -- administrative variances for a set amount, correct? MR. SCHMITT: Correct, all but probably two properties listed we could do an administrative variance, and those are the two properties -- COMMISSIONER HENNING: Well, I'm not sure if your recommendations are well thought out. I'm concerned that this is going to cost a lot more money than what you're anticipating because there are other agencies. And would your recommendation -- is to the majority of them that, within your means, is do a mass variance for those that are in your means (sic)? MR. SCHMITT: We would have to deal with each property individually, but we could combine the entire request. And the reason we came to you -- because, again, there's some perceptions that what we did for the property that we discussed on Loan Pine administratively, that it -- folks believe that we went beyond our authority, and I told my staff we're not doing anything till we bring Page 80 October 23-24, 2007 this to the board. And that's why we're here today, because I was not going to exercise something administratively that folks would perceive was not fair for the residents or that it may have been deemed to be trying to get around the situation. But, Commissioner, I agree with your statement. I think if you all approve the administrative process, is the easiest process. It will leave out two properties, but then they can deal with it separately through a request for a variance. COMMISSIONER HENNING: What's the saying, that 90 percent -- if it's -- if it's a perception, 90 percent of it's true? MR. SCHMITT: Yes. COMMISSIONER HENNING: Is that right? MR. SCHMITT: Perception -- people -- perception is reality. COMMISSIONER HENNING: Perception is reality, okay. MR. SCHMITT: Yeah. COMMISSIONER HENNING: I mean, I just have a real concern at how this came about. There are -- I'm sure there's some residents here that their property address is on -- up here. I don't know -- I think, you know, mistakes were made. You got the residents signing a document saying that they're responsible for it, but yet here we are discussing a lot of people's property that, you know, maybe be in the news. I'm not sure this is the proper way to handle this. I would hope that you would have went to the residents first and explained the situation. MR. SCHMITT: I met with Ms. Ebert. We discussed the situation. COMMISSIONER HENNING: How many homes does Ms. Ebert own up there? MR. SCHMITT: I met with the homeowners association president, discussed it with her, said I wanted to set up a meeting with Page 81 October 23-24, 2007 the residents to discuss this issue before we brought it to the board. But I'm bringing it to the board based on the manager's direction. We have this on the agenda. I do need to correct the record though because I made a statement. Commissioner Coyle, I looked at the date and these plattings were done when this property was under the Hardy development. It was -- Stock Development purchased the property. It was already platted and subdivided. COMMISSIONER HENNING: Okay. CHAIRMAN COLETTA: Let's call the speakers at this point in time. MS. FILSON: Okay. Mr. Chairman, we have seven speakers. Chuck Slaght. CHAIRMAN COLETTA: When you come forward, I'll ask you MS. FILSON: He'll be followed by Diane Ebert. CHAIRMAN COLETTA: -- to state your name for the record, please. MR. SLAGHT: Yes. Charles C. Slaght, 2918 Lone Pine Lane. When we came to Collier County, we looked at a number of properties. This was one, specifically lot 28 because it was on the end of a cul-de-sac, so I was very interested in that, and we were told that you couldn't provide the square footage of house that we needed at that time. I'm on 2918, and I'm one feet, four inches on encroachment. Just for your information, we were placed on that lot three different times and they could never get it right, so obviously they did not get it right. And that's pretty much all I wanted to say other than, the architectural concept that we have in our community is also violated, which I really have a hard time with, and I thank you for your time. CHAIRMAN COLETTA: No. Thank you for being here today. MS. FILSON: The next speaker is Diane Ebert. She'll be Page 82 October 23-24, 2007 followed by Tor Kolflat. MS. EBERT: Tor is giving me his time. CHAIRMAN COLETTA: I may -- MS. EBERT: IfI need to, I'll make it as short as possible, because I want to get this over with, too. CHAIRMAN COLETTA: Okay. I'll tell you what, as long as no commissioners object, you go ahead with your presentation. MS. EBERT: Thank you kindly. For the record, my name is Diane Ebert, and I am here as a very proud resident of Olde Cypress, and probably one of its best promoters. I have also had the opportunity to meet and work with a lot of wonderful employees of Collier County, from PUD monitoring to the transportation department. Unfortunately, there are a few rotten eggs in your mix. That being said, Commissioners, I am here today to make some strong statements for the betterment of Olde Cypress community and Collier County. We are here truthfully because Joe Schmitt and some of his staff are trying to protect Craig Greider, who is a real estate attorney for Goodlette, Coleman, & Johnson, who are also land use attorneys for Stock Development. A few residents went to the county in June to discuss the setback and encroachment issues at the property in question, of which there are many. We asked that they put a stop to the construction of this house, red tag it, until the problems could be resolved. The front door was not even on yet, and Joe Schmitt and his staff put us off for a month before they met with us July 17th. At that meeting staff said they would red tag the house, and they did so for two days. But you can ask any builder and he'll tell you that the last two to two-and-a-half months is when 40 to 50 percent of the value is put into a home. Some of the first words out ofMr. Schmitt's mouth were that the Page 83 October 23-24, 2007 county made a terrible mistake. We don't make many, he said, but this is a big one. When asked how the county could have approved the plans, Joe and his staff informed us that at the time they were not even aware that the property adjoined a South Florida Water Management wetlands preserve area. He went on to say Mr. Greider's home isn't the only one to encroach on the preserve. There were eight or nine other ones, and the county was researching the rest of the properties on the preserve to see how many more encroachments they might find. Joe suggested at the time a mass variance would need to be done to correct the issue. He also said that Greider could do an administrative lot line adjustment so as to avoid the need to go in front of the county commissioners. Considering the other encroachments they found were only four inches to five feet, these homes were completed with COs for over two years. We couldn't help but wonder who this special person is, they were trying to protect him, for a 14 -- 14-and-a-half-foot encroachment. At this point the staff listened to the injured parties' facts and information and he stated that it sounded like a dope deal to him. He said he would get back with us. As we were leaving the meeting he stated that he was going to call Stock Development and Rich, a lawyer in Mr. Greider's firm, to discuss the ideas, and he was going to try and visit the property to see it for himself. He did visit the property and was heard on several occasions saying, this is 10 pounds in a five-pound bag. Commissioners, we wouldn't have to be in front of you today if the developer would have followed his own conservation easement which he created. The guidelines for this community of executive homes consisting of villas from 2,200 to 3,000 square feet should have been followed, and he should not have allowed a megahouse of 5,500 Page 84 October 23-24,2007 square feet plus to be put on this postage stamp developer control lot, which many of us were told was virtually unbuildable. In order to get this megahouse on the lot, the developer gave away a 10- foot conservation easement behind the house. In addition, the county gave up 110 feet of sidewalk in the front of the house, which they have since revoked, and that also belongs to the homeowners association. County staff has spent four months spending hundreds of thousands of dollars of taxpayers' money in staff salary and over 1,100 emails on this property trying to cover it up for the person, and we have spent four months trying to figure out why. Tell me, Commissioners, have you ever heard of the county staff spending this kind of time and money helping a John Doe citizen who is not connected in the development business? How dare you, Joe Schmitt, bring this before the county commissioners and let the county do his work for him. You do not care about the other residents ofOlde Cypress and their small encroaches -- encroachments of four inches to five feet. In closing, Commissioners, I would love to see an administrative variance for the innocent people to be granted, especially considering they have not even been notified by the county that they are encroaching into the major encroachments; that the Greider property of 14-and-a-half feet needs to be heard in detail since they are so severe in nature and affecting one of my fellow neighbors. Commissioners, please take back this county for the sake of your constituents. Thank you. MS. FILSON: The next speaker is Carol Kolflat. MS. EBERT: She gave her time to me. MS. FILSON: Oh, she did too, okay. Rich Y ovanovich. He'll be followed by Clay Brooker. MR. YOV ANOVICH: Good morning. For the record, Rich Y ovanovich on behalf of Stock Development, not Mr. Greider. Page 85 October 23-24,2007 There were some statements made by the previous speaker that I will not address publicly, but I will talk to her privately. First of all, I want you to know that I didn't know anything about this house until the mess occurred and Craig came to me and said, what do I do? And I said, you've got to work it out with staff. I have played very little and have had no role in how we got here today. Stock Development is the successor developer to Olde Cypress. They did not do the original PUD; they did not do any of the original platting. All of this was done when Paul Hardy was the developer. So I don't want anybody to say it was Stock Development who created this mess. This all was created before Stock took over the development. Stock developer also didn't build any of the homes in this subdivision. They were all built by individual builders. So Stock Development didn't come in, didn't ask for any variances, didn't come in with the wrong plans. This was all individual builder issues, not Stock Development's issues, and the record needs to be very clear on that. The developer would like to do whatever it takes to keep all 18 people happy and satisfied. The developer didn't playa role in this, but they're willing -- if the PUD needs to be amended because that's the best fix, the developer will cooperate in having the PUD amended. If there's another fix that the Board of County Commissioners thinks is in the best interests of the people of Olde Cypress, the developer will support that. I will -- I will tell you that one of the issues you have is, this is a PUD that was adopted in the late 1990's, and there's a PUD provision that clearly states -- under the environmental stipulations, it says, buffer zones adjacent to the preserve areas shall be pursuant to the South Florida Water Management District permit number 11-01232S. So it says whatever the building -- whatever the Water Management District permit says regarding buffers between the preserve and the structures on the lot adjacent to it will be addressed Page 86 October 23-24, 2007 by that district permit, and every one of these homes, all 18 of them, comply with the district permit. So maybe you don't have to do anything to fix this. Maybe they are all consistent. I'm not saying I'm right. I'm not saying I'm wrong, but I'm saying that that needs to be analyzed and discussed, because as you all know, the district, when it permits a project, is concerned about wetlands, and it preserves the wetlands, and there's an upland buffer between the wetlands and any developable lot. So as far as the district's concerned, they're protecting the wetlands -- and I just need a minute or so, if that's okay. It's already addressed. Weare not asking -- Commissioner Henning, we're not asking for any changes to the preserve requirements under the Land Development Code or the Comprehensive Plan. We exceed -- if you read the PUD, we exceed the 25 percent native vegetation requirement. We also meet the district's requirements as far as distances between the preserve that the district put in place and the structures that are on the lot. The district does look at what's going to be on that lot, and they knew they were going to be platted lots. So as far as the district's concerned, that buffer, that preserve is adequately protected. So if you do grant the deviation -- and I don't know what process you're going to put the 18 homeowners through -- including Mr. Greider, who is in my firm and never discussed this with me -- if they've got to go through this process of getting a variance, be assured that the preserve is protected as far as the Water Management District is concerned. The county has an additional requirement because I guess they don't feel the district's doing a good enough job of protecting the district preserves. That's the deviation there will be a request from. And if that creates a hardship for any of these property owners in maintaining their home, they're going to have to suffer through that Page 87 October 23-24, 2007 hardship because they're not going to be allowed to go in and disturb the preserves. So if they've got to maintain their home and they've only got five feet to do it and it costs them a lot more money to do it because they don't have the 25 feet, that's on the property owner. They're going to have to deal with that. And with that, again, I wanted to clarify the record as far as what Stock Development did or did not do. They were not the developer when all this started. They will cooperate if there needs to be a PUD amendment to resolve this. If you want to make everybody go through an individual variance, you know, that's their -- that's fine, but -- and with that, I'll be able to answer any questions you may have. CHAIRMAN COLETTA: Don't go away just yet. Commissioner Henning, did you have something? COMMISSIONER HENNING: Yes, I do. Thank you. CHAIRMAN COLETTA: Then we'll go to Commissioner Halas. COMMISSIONER HENNING: Mr. Y ovanovich, you feel that the setbacks from the preserves are addressed in the PUD now. With the language, the buffers of the setbacks will be addressed in the South Florida Water Management. MR. YOV ANOVICH: That's verbatim from the PUD document. That's different than most of the ones you see go through here, because most of the ones you'll see an additional requirement, and it says clearly in the PUD document that there will be a 25-foot setback for principal structures and 10 feet for accessory structures from a preserve. That's not in this PUD document. That's different. COMMISSIONER HENNING: Right. But what does -- what does it say in the district's agreement with Olde Cypress DR! as far as the buffering? MR. YOV ANOVICH: The Water Management District permit has a line, okay, that says, this is our preserve. This way ofthe line is Page 88 October 23-24,2007 an upland area, and then you get to the wetlands that are being preserved. COMMISSIONER HENNING: So as far as you're concerned, you could build right up to that line? MR. YOV ANOVICH: Absolutely. There's no prohibition in the Water Management District permit from building up to the preserve boundary that I'm aware of. COMMISSIONER HENNING: Okay. Well, I think we need to get some clarification. Maybe this is premature. But you still have setbacks that you need to comply to in the PUD. MR. YOV ANOVICH: Absolutely, and -- COMMISSIONER HENNING: And it's 20-foot principal, correct? MR. YOV ANOVICH: No. No, no. What I'm saying is, if I'm correct -- and I'm not saying I am. I think we need to sit down and analyze what happened when this thing got adopted in 1999 and to understand what the provision in the PUD means. COMMISSIONER HENNING: But it was amended. MR. YOV ANOVICH: Well, that hasn't changed. That condition is still in the PUD. COMMISSIONER HENNING: Okay. MR. YOV ANOVICH: It's still in the current PUD. But let's just say I'm right, that all you'd look at is the Water Management District Permit conditions as far as what's the appropriate buffer between an accessory or principal use and the districtts preserve. And let's just say -- and we meet that. Now you go to the development standards table within the PUD document. And the development standards table says, for a comer lot you have two sides and you have two fronts. The side is a five-foot setback, so you'd have to still meet that five-foot setback for the principal structure, in which this home does, and I believe all the other homes within there meet all of the PUD setbacks. They don't meet the Page 89 October 23-24, 2007 LDC setback of 25 feet for principal structures or -- and maybe some of them don't meet the 10-foot for accessory. I don't know, but I believe all 18 of these -- they don't run afoul of the development standards table in the PUD. They run afoul of something that's not referred to in the PUD but you find in the LDC, the Land Development Code. That's my understanding of the facts as is being presented. And, again, you know, Stock Development just wants to make it clear that they're here to help do whatever you say is the right way to handle this, but also keep in mind the context of when all this happened, and it wasn't when they owned the development. COMMISSIONER HENNING: Thank you. Thank you. CHAIRMAN COLETTA: Thank you. Commissioner Halas? COMMISSIONER HALAS: I understand where you're coming from n Rich, excuse me. You said this was under the jurisdiction of Hardy when he bought this property and put together this DR!, this development. Mr. Stock decided to buy into this, right? He now buys this development. He owns this development. MR. YOV ANOVICH: He's the successor developer, yes. COMMISSIONER HALAS: Right. And my understanding, he still has not -- he hasn't turned this over to the homeowners association. MR. YOV ANOVICH: I believe you're correct. COMMISSIONER HALAS: Okay. You know, I had a bad experience once in my life when I went out and bought a used car and found out that, when I bought it, that there was a lot more problems with it, and a lot of times I had to step up to the plate and fix problems, and I think that's what we've got here. I think Mr. Stock has got an obligation here, and I think Mr. Stock maybe needs to go before the Planning Commission and have an amendment to this PUD. I feel there's an obligation there. Page 90 October 23-24,2007 MR. YOV ANOVICH: And I think Mr. Stock agreed that if the process is to amend the PUD, that he'll cooperate in the amendment process. He's saying if you want to go with staffs recommendation, he's not going to get in the way. COMMISSIONER HALAS: And I think there's -- there's an area also that responsibly two properties need to take it on their own to get the variances on this particular item also, so -- MR. YOV ANOVICH: Again, whatever the commission thinks is the appropriate fix, Stock Development will cooperate in addressing. COMMISSIONER HALAS: He may have to go to South Florida Water Management to get some things rectified also if it doesn't meet the criteria of what our -- MR. YOV ANOVICH: I think we're comfortable that we meet the South Florida Water management District permit requirements for the -- COMMISSIONER HALAS: Or the criteria of our LDC. MR. YOV ANOVICH: Those are going to be -- individual lot owners are going to have to address that issue. It's not going to be a water -- I'm not -- there's going to be -- it needs to be addressed, but not in front of Water. COMMISSIONER HALAS: Well, that's where I'm saying that Stock Development needs to playa role in this thing. He inherited this. MR. YOV ANOVICH: Correct. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: Thank you. MR. YOV ANOVICH: Anything else? CHAlRMAN COLETTA: And that's it. MS. FILSON: The next speaker is Clay Brooker. He'll be followed by Melissa Showalter. MR. BROOKER: Good morning, Commissioners. My name is Page 91 October 23-24, 2007 Clay Brooker with the law firm ofCheffy, Passidomo, Wilson, & Johnson. I'm here on behalf of the owners of the lot next to the Greider home that's been mentioned many times here already. Those owners are Carol Kolflat and Melissa Showalter. I believe Melissa will be having a few comments to say right when I'm finished. Her lot is in Ibis Landing on Lone Pine Lane. It's one of the neighborhoods being discussed today. Melissa's home fully complies with the preserve setback requirement. I'd like to show you an illustration of the different encroachments. Those are the homes that are at issue, and I believe you should notice right away of the spike. The vast majority of these encroachments less than or equal to five feet into the preserve setback. All of those homes, again, those that are less than five feet, have final COs and have been lived in for two, three, four, or five years. The spike one in the middle is Melissa's neighbor, the Greider home. This lot is obviously different. Not only is at this time most egregious of all encroachments being discussed here today, it also does not have a final Certificate of Occupancy. The home was essentially a shell when the owners knew ofthe preserve setback encroachment yet they continued to build and try to get in the house just as fast as they could. This is Melissa's neighbor, again, that I'm speaking about and why we are here today. With regard to the process by which all of this should be cured or dealt with, we suggest that you require a variance for each of the lots. While this may seem expensive and burdensome, please remember that your code allows staff to grant, administratively, minor after-the- fact encroachments, and in that regard, minor means anything up to 25 percent of the setback or, in this case, 25 percent of a 25-foot setback is six-and-a-quarter feet. So anything less than six-and-a-quarter feet can be just administratively handled. The vast majority, as you see on the visualizer, of the homes just go away. Page 92 October 23-24, 2007 This method, of course, leaves the two most egregious encroachments to file an after-the-fact public hearing as opposed to administrative variance. We believe this is appropriate to allow these two owners the public opportunity to explain their circumstances. We favor this approach because it will also allow Melissa, my client, the opportunity to layout all the advantages and beneficial staff decisions her neighbor received resulting in construction of a home nearly twice the size of the average home in the neighborhood. A PUD amendment that's been discussed will not work. My client objects to this approach because it simply whitewashes the entire issue with no meaningful review of the impacts on her home. Technically, also, I believe when you start changing the development regulations for individual homes in a PUD, you'd have to have each of those owners of those lots their consent. We don't consent. A final word about this talk about the upland buffer zones. It's not true that the upland buffers exist all the way around this neighborhood. There's some portions of it where the wetlands come right up to the edge of the preserve. So the whole premise that this preserve is already protected by an existing buffer zone is factually untrue. Moreover, the upland portion of the preserve is just that, it's preserve. This land was included, and the requirement was that the developer preserve a certain amount of the native vegetation and create a preserve. Finally, with regard to that -- this issue, I would think the South Florida Water Management District would have a problem with a, what I would consider, kind of a double dipping. Well, the upland buffer's already there, so you don't need the typical setback. And before going that route, I suggest that you hear from the South Florida Water Management District first. Bottom line, variance approach can make most of this go awayy Page 93 October 23-24, 2007 and have a minor impact on, as a whole, when looked at the confusing mess that's been created. Thank you. MS. FILSON: Next speaker is Melissa Showalter. MS. SHOWALTER: My name is Melissa Showalter, and I am the girl next door. My home is right next to the property that really brings us here today, and I'm the one who is impacted the most by this megahouse that was allowed to be built in a community of small executive villa homes. I purchased my home for several reasons, but one of the main reasons was that I fell in love with the beautiful preserve that my home backs up to. You see, I am a native Floridian who is truly a swamp rat at heart, and I enjoy nothing more than the peace, beauty and serenity of all that the preserve offers. When I was writing the contract to build my home, I specifically asked about the lot next door. I was told that it was virtually unbuildable. I asked if my contract could be amended to state that if anything ever was built, it was -- it would conform. I was told there was no need to wony about this. I had also asked if it would be possible to extend my own lanai out a few feet closer to the preserve. My builder informed me very firmly that this was impossible due to the fact that the setbacks required -- it disallowed it due to the preserve lot. I immediately dropped the subject in respect for the rules and regulations. I'm a bit of a backwards person in that I mainly reside in Florida during the summer months, and I have to tell you, this past summer was one of the worst of my life. When I got here in June, the house next door was under roof. I was shocked to see that I had a two-story cement wall looming over my entire lanai. I felt as if I was on the wrong side of a prison. All my sunlight and air were missing, not to mention the view of the preserve I had enjoyed from my lounge chair. I also realized that I could no longer open the blinds in my Page 94 October 23-24,2007 bedroom. You see, rather than enjoying the sunrise over the preserve from my bed as I had done before, I now have a two-story balcony looming at me, as well as a first floor of pure cement wall. The sunlight that I previously enjoyed is gone. It cannot shine through cement. All of my privacy has been stolen from me due to the northwest wing of this house. This loss of privacy really hit me when I was trying to enjoy a day at my pool. I had an odd sense of being watched. I opened my eyes to see a group of workers on the balcony peering down waving at me. I was absolutely devastated. I also started to realize that even if I wanted to sell my home and move somewhere else in the community, I could not do so, because even in the best real estate market, who wants to buy a house with the main living area stifling with lack of air, no light, and absolutely zero privacy? With the help of my parents, I was able to meet with Joe Schmitt and his staff to discuss the impact this home is having on the enjoyment, value, and livability of my home. I just have a minute, a few more things, if that's all right. They are now asking you today to advise them on how to deal with the setback issues in my community. Please understand that the vast majority of the homes before you have existed for years and have relatively small encroachments. My neighbor, on the other hand, knew of his encroachment before the house was finished and was allowed to just keep building. His house has, by far, the largest encroachment into the preserve setback in all of Olde Cypress. I am, therefore, asking, that you ensure my neighbor go through the variance process so all the circumstances around this house can be aired in a public hearing. In closing, I feel the need to point out, this matter has resulted in more than 1,100 emails amongst county staff in the past few months Page 95 October 23-24, 2007 alone, yet not one mentions my property and the unfair situation I have been placed in. Remember, I respected the rules. Why should I be punished because someone else hasn't? Thank you for listening. MS. FILSON: That's your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Commissioner Coyle? COMMISSIONER COYLE: Ms. Showalter, don't go away. Can I ask a question? CHAIRMAN COLETTA: Yes, of course you can. Please proceed. COMMISSIONER COYLE: I want to make sure I clearly understand this. MS. SHOWALTER: Okay. COMMISSIONER COYLE: Y ou're not a developer, are you? MS. SHOWALTER: No, sir, I'm not. COMMISSIONER COYLE: But you were fortunate enough to find a builder who knew what the setbacks were; is that correct? MS. SHOWALTER: Yes. He absolutely made it clear to me. COMMISSIONER COYLE: And there was no question about what the setbacks were? MS. SHOWALTER: No. I was told very firmly that I could not extend any more -- my lanai any more than 10 feet because I was on a preserve. COMMISSIONER COYLE: But an attorney who represents a development company apparently couldn't find a developer who understood what the setbacks were; is that -- does that make sense to you? MS. SHOWALTER: I can't say except that's my understanding. COMMISSIONER COYLE: Okay, thank you very much. MS. SHOWALTER: Thank you. MS. FILSON: That was your final speaker, Mr. Chairman. CHAIRMAN COLETTA: Okay. Commissioner Henning, go Page 96 October 23-24, 2007 back to you. COMMISSIONER HENNING: The word buffer, I'm not sure if it means setback. I'm not convinced that that's covered under the existing PUD. And from what I understand from the agencies, what we're being asked can be extensive and expensive for the minority of the properties that are in violation. I just need to know, is -- what is your ability to do a -- mass variances for the properties defined within a setback, administrative setback, and that's 25 percent of the total setback? Do we have the ability to lower fees or create one mass variance under one administrative petition? MR. SCHMITT: I would answer that, Commissioner, by, if you so direct, absolutely. I'm going to turn to the county attorney from the standpoint of the legal, but if you -- COMMISSIONER HENNING: I always like to be legal. MR. SCHMITT: Yes, but -- COMMISSIONER HENNING: Whether it's a PUD, whether it's a setback, whether it's general law -- MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: -- I always want the guidance of our county attorney. MR. WEIGEL: Thank you. The cost for a variance petition is a component of your fee policy; and that's a policy, not an ordinance. So I believe that the board, in fact, can deviate from policy if it wishes to do so, and obviously what you're talking about would be to provide specific guidelines or limitations or identifications of property to be handled such. One thing I would mention in regard to this term mass variance, and that is, we -- you might be talking about -- correct me, please, any sector, if I'm wrong -- but you may be talking about handling the variance to the individual parcels that are affected in a cumulative or in an organized way. Page 97 October 23-24, 2007 Remember that a variance attaches to an individual property. It affects a specific property and not others. And we also know here from the facts discussed just this morning that the variance needs of one property may be different than the variance needs of another because the encroachments differ to some degree. Part of the discussion had to do with the potential authorization from the board for the staff to do what it already is authorized to do but has come to the board for further advice, and that is to administer the administrative variance for those parcels where the encroachment is up to or less than 25 percent of the setback, which I believe is a 25-foot criterion. So it could be that part of your direction or at least the initiation of your direction from the board today would be for the staff to go forward with the administrative variances for those parcels. That does not take into effect, however, the application fee, which was the initial part of your question for me. And I do believe, as Joe had indicated as well, that that is policy, and you can deviate from general policy with the specific guidelines and authorization that you may wish to do. COMMISSIONER HENNING: Right. And I was talking about the administrative variance, that the administer -- administrator of community development may grant without coming to the Board of County Commissioners. And I really think this issue is going to be massive, not just within this community. So we do have the ability to deviate from the fee policy and direct the county manager to do a mass variance under the guidance of the Land Development Code as one petition, but several properties? MR. WEIGEL: Well, I didn't go that far to say one petition for several properties. What I did indicate was that you can reduce the fee for any variance application and defining which properties this deviation from fee policy would apply. COMMISSIONER HENNING: Well, see, we don't know yet. The staff is still looking at -- to see ifthere's any accessory Page 98 October 23-24, 2007 encroachments within this community that would need some type of a vanance. MR. WEIGEL: Oh, I see. Well, I would tend to advise you and recommend that if you're too general and say a mass variance for, perhaps, at this point, some unidentified parcels, that that is not -- it's not the advice I'd like to give you and not the course I'd recommend that you follow. It did appear to me though, that ofthe 17 adjacent parcels -- parcels located within Olde Cypress other than the Greider property, as it's been identified, that most, perhaps all but two of those, may lend themselves to the administrative variance process and that you could certainly refer to those to be handled in a cumulative way, but the variance would apply to each parcel, because I think that the standard of variance, the number, the footage figure, will vary from parcel to parcel. COMMISSIONER HENNING: Can we -- under section 9 of the Land Development Code, it gives the ability of the administrator to do variances. Now those individuals, can we just apply one fee for all those properties? MR. WEIGEL: You have that authority, yes. COMMISSIONER HENNING: Okay. Well, that-- MR. SCHMITT: Can I make a recommendation? CHAIRMAN COLETTA: Yes. Mr. Schmitt, go ahead. MR. SCHMITT: Waive the fee, direct us to deal with these administratively, we'll combine them all, the ones -- it will be a combined application. Those we can deal with administratively, we'll deal with administratively. Those that we can't, we issue a Notice of Violation. COMMISSIONER HENNING: Well, in the past you've said, you know, Commissioner -- Commissioners, if we don't -- somebody has to pay the fee. MR. SCHMITT: Understand. Page 99 October 23-24, 2007 COMMISSIONER HENNING: It has to either come out of the general fund or the owner has to pay. MR. SCHMITT: Or I absorb it as a cost of doing business. I choose not to do that, but in this case, it seems to be -- it's an administrative process. I just need the homeowners to individually apply. I gather all the inforn1ation. To me that's the best approach. If that's what the neighbors want and that's what the community wants, I think it's the best approach. I was just concerned about the administrative process, but we can deal with that. The zoning director will take the applications. We'll process them individually in a combined application. I'll work with Ms. Ebert and the homeowners and work with them in gathering the information, and we'll deal with the ones we can deal with administratively. We'll provide the board a report back on those we dealt with administratively. On those that we could not deal with administratively, they'll have to come in for an individual application for a variance. COMMISSIONER HENNING: I'm ready to make a motion, but I still think that we're not dealing with this. And we need to -- after we exalt this motion, is have a little bit further discussion and guidance. CHAIRMAN COLETTA: Go ahead with your motion. COMMISSIONER HENNING: I'm going to make a motion that we direct staff to diplomatically contact the owners of the -- for the setbacks of 6.25 or less, explain the problem, and then my motion is, that those properties in Olde Cypress will have one fee that's covered in our fee resolution, which I believe it's a thousand dollars. MR. SCHMITT: Yes, sir. COMMISSIONER HENNING: I don't believe -- and this is not part of my motion. I don't believe that it should be scot-free. There is going to be some sort of staff time on this. I think a lot of the staff time has already completed it. That's my motion. Page 100 October 23-24,2007 COMMISSIONER FIALA: Second the motion. CHAIRMAN COLETTA: Okay. We have a motion by Commissioner Henning and a second by Commissioner Fiala. And we're going to Commissioner Halas, then Commissioner Coyle. COMMISSIONER HALAS: Coyle was -- Commissioner Coyle was first. CHAIRMAN COLETTA: Okay. Commissioner Coyle, then Commissioner Halas. COMMISSIONER COYLE: Okay. I -- it is a little confusing. I think I know what you intend to do. You're not dealing with large encroachments at 2968 and 2949 Lone Pine Lane because they can't be approved administratively anyway. But for the others, we're really talking about encroachments of five feet or less, not six something. COMMISSIONER HENNING: Well, if the setback is 25 feet-- MR. SCHMITT: Right. COMMISSIONER HENNING: -- and 25 percent ofthat, it's more than five feet. COMMISSIONER COYLE: Yes, I understand. But none of these exceed five feet. Are you including others that, perhaps, we haven't found yet; is that -- is that what we're talking about? MR. SCHMITT: The code allows for 25 percent administrative variance, so it's 25 percent of the 25- foot setback -- COMMISSIONER COYLE: Okay. MR. SCHMITT: -- which is six-and-a-quarter. COMMISSIONER COYLE: So you want to extend it beyond just these that have been identified in the event there are some that go over five feet? MR. SCHMITT: That's correct, Commissioner. It allows us-- COMMISSIONER COYLE: I understand. MR. SCHMITT: It allows us to apply to code as written. COMMISSIONER COYLE: Okay. I understand what you want to do then. Page 101 October 23-24, 2007 But let's step back a minute and make sure that we appreciate the fact that somebody has to be responsible for this, and it is ultimately the homeowner who is responsible for an encroachment. They hired the developer. You just heard one homeowner say that they hired a builder and the builder told her that she couldn't exceed that setback. Why should other people who fail to abide by setbacks be given a variance free of charge? They shouldntt. I do not think that the cost associated with getting a variance approved administratively is prohibitive for the people who own these homes. If we do this, what we're essentially saying to people is, just bring in all your violations, we don't really care. As long as they're within 25 percent, you get them done free of charge and you don't have to assume any responsibility. That's a terrible message to send if what we're interested in doing is making sure people start paying attention to the Land Development Code, and I hope that's what we're trying to do in making these decisions here. So I would not support the motion if it is going to give these violations to people at some reduced rate -- or give these variances to people at some reduced rate or free and -- but I would support it if we would say that the homeowners are responsible. If they want to pursue the builders, that's exactly what they should do. We have to get people accustomed to paying attention to our Land Development Code, and the only way we do that is to make them pay for it. COMMISSIONER HENNING: Next? CHAIRMAN COLETTA: Commissioner Henning, do you want to respond? COMMISSIONER HENNING: Commissioner Halas. Yeah, I do want to respond to that, if you don't mind. The-- CHAIRMAN COLETTA: Go ahead. COMMISSIONER HALAS: Oh, wait. I'm first. Page 102 October 23-24, 2007 CHAIRMAN COLETTA: We'll get -- I know, but it's Commissioner Henning's district, he's been working with this for a long time. COMMISSIONER HALAS: Okay. CHAIRMAN COLETTA: We'll come right back to you, but I want him -- he wants to respond to Commissioner Coyle, and I think he has a right to. COMMISSIONER HENNING: Here's the -- here's the problem with that, is this was all brought up because the residents went to the government and said, hey, you have a problem here, and government said, hey, a lot of your neighbors have problems. I mean, this issue wouldn't have come up if it wasn't for one house, and I'm sure we're going to hear that later on. I'm not trying to pick on anybody, but it's an issue of one house. So government is creating this problem because of one house, and that's why I feel it should be a reduced rate. And mind you, we're going to have, in my opinion, several other communities. I mean, I know of one right now that I question whether the proper information was submitted for individual building lots. But anyways, that's my opinion. CHAIRMAN COLETTA: Okay. Let's go to Commissioner Halas. COMMISSIONER HALAS: Thank you very much, Chairman. I believe that there's a responsibility by the developer that took on this -- this deal, and I also believe that the citizens shouldn't be held totally accountable. And as Commissioner Coyle said, maybe it's time for the citizens to go back to their builder. Probably in this particular community -- I don't know this for a fact -- but there could have been a builder that came in there and bought a number of lots and built the homes and decided that he was going to either build a home that was larger than needed to be put on this property -- and, therefore, now we've put the responsibility onto Page 103 October 23-24, 2007 the homeowner to take care of this. I believe that since the developer owns this property, he needs to find out who the builders are and the builders need to step up and take care of this issue instead of putting this on the responsibility of the homeowners who obviously don't have the time to research Land Development Codes and so on. So I feel that there's responsibility, and I don't feel that we need to address this whereby we give something free. I believe there's other people that are involved. CHAIRMAN COLETTA: Speaking of the motion at hand, you're saying that you don't support the motion? COMMISSIONER HALAS: Nope. CHAIRMAN COLETTA: Okay, fine. I just wanted to sum it up. Myself, I'll tell you, I -- there was -- there's concerns. I'm a little bit concerned about the strength of the questions that were directed to staff. I don't think that we have staff that's been -- what do you want to call it -- in the pockets of the developers, as some people may have tried to draw some parallels with during the discussions. I do think that there is concerns over how everything comes together. I did suggest at the beginning of this particular item that we might want to consider having this item go to a special separate entity out there, be it the one that the county attorney's putting together through a private firm, to review issues on Pebblebrooke. We may want to lump into that, but I heard nothing that -_ nothing in that particular direction during our discussions, so I can only assume that we have a comfort level with what took place as far as staffs involvement that it's not necessary to do that. That's the only assumption I can make, and I kind of thought I would draw a response out of someone, and I did. Commissioner Coyle? COMMISSIONER COYLE: Yeah, I strongly disagree. I think Page 104 October 23-24, 2007 there's a lot of troubling things that I've heard about this process that warrants a further investigation. I am concerned about the fact that Mr. Schmitt says that the reason that he's bringing this to our attention now is the perception that staff exceeded their authority in permitting at 2949 Lone Pine Lane. If that's the case, why didntt we have it brought to our attention back before the temporary CO was issued? There's -- there's more here than meets the eye. Whether it is efficiency or something else still needs to be determined. But I think any county member who has a relative working for the petitioner should have been excluded from the review of this process and from the involvement in approvals. I think that would just be a common sense kind of thing. I'm not saying that anything wrong was done. I'm merely saying that if we're concerned about perceptions, then we don't have people involved in the approval process whose family members are somehow involved with the petition itself. So, you know, there are things that need to be looked into here and resolved. And it doesn't have to be part of this particular motion, but I would make a motion that we do extend the investigation into the process. CHAIRMAN COLETTA: Let's handle the motion at hand, then we'll come back to you right after that. COMMISSIONER COYLE: Okay, okay. CHAIRMAN COLETTA: I was waiting to see what the interest was. Okay. We have a motion by Commissioner Henning, second by Commissioner Fiala. Just for the sake of everyone here, could we have the motion restated? COMMISSIONER HENNING: Direct staff to contact the people that fit the criteria of 25 percent or under that have violated the setbacks for a one -- one fee of a thousand dollars. Page 105 October 23-24, 2007 CHAIRMAN COLETTA: Okay. And that agrees with your second, Commissioner Fiala? COMMISSIONER FIALA: Yes. CHAIRMAN COLETTA: Any other discussion? (No response.) CHAIRMAN COLETTA: Seeing none, all those in favor of the motion, indicate by saying aye. CHAIRMAN COLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMAN COLETTA: Okay. The motion passed, 3-2. COMMISSIONER HENNING: I'll support Commissioner Coyle's motion. CHAIRMAN COLETTA: Wait. Let me finish what I had to say. The motion was successfully passed 3-2 with Commissioner Halas, Commissioner Coyle, being in opposition. Okay. Now, Commissioner Coyle, you wanted to make that into a motion as far as direction? COMMISSIONER COYLE: I don't know whether it has to be a motion or just guidance to staff or the county manager, but I would like to see our review and/or investigation into the practices into community development services to include this approval process. CHAIRMAN COLETTA: And I think that should be a motion, if you don't mind, sir. COMMISSIONER COYLE: Okay. That's a motion. CHAIRMAN COLETTA: And I got a second from Commissioner Henning; that's correct, sir? COMMISSIONER HENNING: Yeah. CHAIRMAN COLETTA: Any other discussion on that? Page 106 October 23-24, 2007 And I just want to comment. I think that's the best way to go. I think it's going to -- we're going to find that we don't have anyone on the staff end that has violated any laws, but how are we ever going to know if we don't go through the process. COMMISSIONER COYLE: That's right, that's right. CHAIRMAN COLETTA: And with that, all those in favor ofthe motion, indicate by saying aye. COMMISSIONER COYLE: Aye. COMMISSIONER HALAS: Aye. CHAIRMANCOLETTA: Aye. COMMISSIONER FIALA: Aye. COMMISSIONER HENNING: Aye. CHAIRMAN COLETTA: Opposed? (No response.) CHAIRMAN COLETTA: And the ayes have it unanimously. We're going to break. COMMISSIONER HENNING: Nope, we've got one more issue on this one. CHAIRMAN COLETTA: Go ahead, Commissioner Henning. COMMISSIONER HENNING: And I agree with your statement, if there's questions out there about any violation of law, I think -- I think we need to clear it up. But anyways, we have two other homes out there that we haven't dealt with and how are we going to deal with them? MR. SCHMITT: Commissioner, my only option, identify -- or notify those homeowners that they're in violation and issue a Notice of Violation to both homeowners. That was one of the reasons for coming today. And I will do that. That one home has been identified as a TCO, Temporary Certificate of Occupancy, and we will notify the homeowner that this is now a violation of that certificate as well. They'll have to come through a private petition process to clarify those. Page 107 October 23-24,2007 Now, there's also -- Mr. Brooker has two appeals pending for private -- or for staff decisions based on this property as well, and I think one will probably conflict with the other, or it should all come together under one public hearing because there's a -- it has to deal with whether that was a comer lot or a -- should have been -- should not have been a comer lot, and that may be tied up as part of this whole variance process. And I don't know if you want to hear that situation separate from the variance process. COMMISSIONER HENNING: I think it should stand on its own. You have somebody that is contesting -- MR. SCHMITT: Yes. COMMISSIONER HENNING: -- what you have done. MR. SCHMITT: Yes. COMMISSIONER HENNING: Has the -- has the owner of that home applied for a variance? MR. SCHMITT: No, sir. COMMISSIONER HENNING: So that wasn't a part of the TCO, right? MR. SCHMITT: No, sir. There's been no Notice of Violation issued. The home was identified as a potential violation. There's been no Notice of Violation issued regarding the setback issue. The TCO was issued because the administrative process allows basically to cure that problem through the administrative process, so the TCO was issued. COMMISSIONER HENNING: Okay. Doesn't the Florida Building Code state that no building or structure can be occupied if it violates this code or local ordinance? MR. SCHMITT: It's the paragraph there for the Temporary Certificate of Occupancy. Basically the TCO was issued based on the fact that there's no health, safety, welfare issue, that the violation could be cured through the administrative petition process through the local government. As a result, there was no justification to withhold Page 108 October 23-24,2007 the CO on this home. We've done this before. It's fairly common practice. We issue a TCO. If you remember, we had an issue up in District 2 where a homeowner had the TCO for almost two years going through a setback process with a pool cage. COMMISSIONER HENNING: Can you -- can you slide that so we can see what should be one -- there you go. The use of occupancy, no building or structure shall be used or occupied and no change to existing occupation (sic). The petitioner shall be -- until the building official has issued a Certificate of Occupancy, and issuance (sic) of occupancy shall be constructed in violation of -- hum. Shall not be construed -- COMMISSIONER COYLE: Commissioner Henning, if! could help. COMMISSIONER HENNING: It's right there. COMMISSIONER COYLE: Take a look at paragraph 110.4, revocation, in the upper right-hand portion of that. It says, it can be revoked when it is determined that the building or structure or portion thereof is in violation of any ordinance or any regulation or any of the provisions of this code. MR. SCHMITT: And that code -- that comes from, Commissioners, the Florida Building Code. If the board wishes to direct us, we'll issue -- we'll revoke the TCO. COMMISSIONER HENNING: No. I want you to clarify the TCO. You know there's a violation. MR. SCHMITT: Yes. COMMISSIONER HENNING: And I'm reading it as other ordinance or -- I think that word is cut off. COMMISSIONER COYLE: Or regulation. COMMISSIONER HENNING: But it needs to be clarified. We need to resolve these issues. Page 109 October 23-24, 2007 MR. SCHMITT: Yes. COMMISSIONER HENNING: And I think issuing a TCO under whatever you did, is not resolving anything. There's -- I think you need to further clarify, the temporary CO is, all issues need to be addressed. MR. SCHMITT: Yes, sir. This will be part of it now, since the board ruled that the -- as far as the setback, and we will reissue the TCO. I'll provide the board a copy. CHAIRMAN COLETTA: Well, wait. You haven't gotten direction from the commission yet. COMMISSIONER HENNING: Well, see, you know, I don't know if we have the ability to do that. We're not the building official, and we were told at one time that we cannot interfere with the building official. But I just think that they did not issue it under the right citation. Hi. MR. DUNN: Hi. I'm Bob Dunn. I'm the interim building director. Unfortunately I wasn't the guy that signed the TCO, but Mr. Halt (phonetic) was here then. And basically when you look at the Florida Building Code, the TCO is temporary, you know. It deals with -- the house doesn't have any violations like safety or welfare. The next step is the CO. Now, the CO is the -- is the area that really locks in that every ordinance has to be enforced, not only the Florida Building Code, but all the codes and ordinances of Collier County. So a CO won't be issued until the variances are issued. COMMISSIONER HENNING: But they could live in this place forever? MR. DUNN: We issue one-- COMMISSIONER HENNING: Maybe get a code enforcement fine or violation. MR. DUNN: Well, we have a limit on it for six months. I mean, Page 110 October 23-24, 2007 that's based on Mr. Schmitt advising that, you know, a TCO was issued for six months pending the outcome of meeting, and now they're going to have to go forth and request a variance. CHAIRMAN COLETTA: Commissioner Fiala? COMMISSIONER FIALA: You just said before that somebody's been living with a TCO for two years; didn't I just hear that? MR. SCHMITT: That's correct. We had a situation -- what was the gentleman's name? MR. MUDD: Dowdy. MR. SCHMITT: Mr. Dowdy, the Dowdy variance. We had a -- he was in the house for almost two years and went through the vanance process. COMMISSIONER FIALA: So actually it isn't only six months; it can be extended? MR. SCHMITT: Once they apply -- they have to apply. That begins the process. Then it's -- it's staff doing the review and getting it before you, and we'll expedite that and get that forward to you. Now it's going to -- the burden's on the homeowner to submit -- submit for the proper variances. CHAIRMAN COLETTA: Okay. Commissioner, oh, Coyle. No, that's from before. Okay. So n COMMISSIONER HENNING: We're done. CHAIRMAN COLETTA: We're done, no other direction; is that correct? Okay. Mr. Weigel, you're looking very perplexed. MR. WEIGEL: I do that a lot lately. Just to make sure, my understanding is that the board's motion and approval for an investigation was for county staff and/or the county manager to do that investigation. Mr. Coyle, I think, made the motion. COMMISSIONER HENNING: Y eah. You can't do the checks and balances if -- you can't have the fox watching the hen hound (sic). Page 111 October 23-24, 2007 It needs to be independent, and that's what the motion was. Motion maker is shaking his head. CHAIRMAN COLETTA: Any other questions? MR. WEIGEL: Well, shaking his head yes that-- COMMISSIONER COYLE: Yes. MR. WEIGEL: So that who is supposed to do the investigation? COMMISSIONER HENNING: You. MR. WEIGEL: Okay. All right. And to correct a prior statement, outside counsel is not doing the investigation on the Pebblebrooke matter. The county attorney was directed to do that investigation, and we're working on it. We look to bring a report back to the board prior to and ready for November 13th board meeting. CHAIRMAN COLETTA: Mr. Weigel, I thought the board instructed you to hire private counsel, didn't they? I mean, help me with this. MR. WEIGEL: I don't believe so. I explained -- I explained the uncomfort -- being uncomfortable in doing such an investigation, but I didn't hear or note any authorization to have outside counsel do that, so we're proceeding internally. COMMISSIONER HENNING: Mr. Chairman, I believe it was the assumption of the board, understanding, that it was going to be a law firm hired under the purview of the county attorney to do it. That was -- that was my understanding also. CHAIRMAN COLETTA: Yes. You were leading the particular direction, and I remember that being the direction that we gave. Now, maybe we didn't explicitly explain it, but I think we all understood it. MR. WEIGEL: Well, I apologize then. COMMISSIONER COYLE: Mr. Chairman, if! could, I wasn't here at that point in time. CHAIRMAN COLETTA: We know. COMMISSIONER COYLE: But I understand Mr. Weigel's reluctance to do that, that is to do it himself, and I agree with you, I Page 112 October 23-24,2007 think it should be an impartial or independent review or investigation. So that probably would give Mr. Weigel some additional comfort in doing this, and it appears to coincide with the board's original intent anyway. So would you like to revise that guidance or make it clear that we would like to have an independent review? CHAIRMAN COLETTA: Commissioner Henning, you're the one that got the ball rolling on this before, so you want to restate it in as clear as possible a way you can? COMMISSIONER HENNING: Well, thank you. It was the understanding from the Board of County Commissioners that the county attorney use his outside counsel that has the ability to do this. Since it's the understanding of the board, the board gave direction through a motion to do so. So whatever work that you've done so far with Pebblebrooke, I wish you would confirm that with the outside counsel and also have the outside counsel take a look at this issue within Olde Cypress and that approval process. MR. WEIGEL: I will be happy to do that. We mayor may not be able to have the report on Pebblebrooke for the 13th, but we may have at least a partial report to you or the individual commissioners prior to the 13th in that regard. CHAIRMAN COLETTA: In may, Mr. Weigel, I'm concerned about the report coming from your office. We were looking for somebody that has hands off. Now you represent, through your office, many of our own staff members. MR. WEIGEL: The staff and the board, that's correct. CHAIRMAN COLETTA: So how can we take that up and hold it up to public scrutiny saying we're also doing an investigation through the County Attorney's Office, but by the way, he's also representing other people within those departments. We need to keep this completely separate. I really don't want to hear it come from the Page 113 October 23-24, 2007 County Attorney's Office. My own personal opinion. MR. WEIGEL: That's fine, of course. CHAIRMAN COLETTA: That's no -- meant negative or derogatory against you or your staff. MR. WEIGEL: Well, I'm -- quite frankly, I'm not concerned about internal ability to do it. The uncomfortable aspect is the fact that we work with these people and we work in positions of trust, you know, on a day-to-day basis for projects and everything else that works for the -- ultimately under the direction of the board. So it makes a difficult triangle there. But I appreciate the clarification today thatts come out of this one, and we can provide what you're looking for, and we'll do it in as short order as we can, I can assure you that of. CHAIRMAN COLETTA: Okay. Any other instructions, questions regarding this? COMMISSIONER FIALA: I agree. CHAIRMAN COLETTA: Okay. I think at this point we're adjourned. Let's make it back here at -- let's see. 12:30, 1 :30, a quarter to. COMMISSIONER FIALA: Thank you. COMMISSIONER HENNING: Quarter to two. COMMISSIONER COYLE: To one or two? CHAIRMAN COLETTA: If we do it quarter of one, we've got about seven minutes. (A luncheon recess was had.) MR. MUDD: Ladies and gentlemen, if you'd please take your seats. Mr. Chairman, Commissioners, you have a hot mike. CHAIRMAN COLETTA: Welcome back. Mr. Mudd, I believe our next item is our time certain for one o'clock. Item #8A Page 114 ORDINANCE NO. 2000-lZ..... AN ORDINANCE AMENDING ORDINANCE NUMBER 91.102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORlDA. BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 8621N, 8621S AND 8622S BY CHANGING THE 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 lMMOKALEE ROAD (C.R,- 846),1.3 MILES EAST OF 1-75, IN SECTIONS 21 AND 22, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORlDA, CONSISTING OF 538.1:t 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, representillg,"'OIM1:ypress ::::.~ =~ Development Corporation, petitioned the Board of County Commissioners to ch~ge tJ{c;!; zo~ v (....:> f- :~':- 0 classification ofthe herein described real property. NOW THEREFORE BE IT BOARD ~l'''' ~F g~~ r- >>'" ~ ~ !!71 ~u& ORDAINED BY THE COMMISSIONERS OF COLLIER COUNTY, FLORlDA, that: 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 SECTION TWO: Land Development Code, are hereby amended accordingly. 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, thi~day of '/1 ar- ' 2000. ArrEST:, , /DWI9$:T,E.BROCK, CLERK ~;<:'-~ .:.-: .',": ". ;'-', ,',: - y" ~:, . Ar:1-'~~/~ . ,.d(Cl Attest as to Cha1naan's sIgnature on11. Approved as fo Form and Legal Sufficiency mfi~A < I )7" j2r;~ Mmjon . Student Assistant County Attorney G:ladminIPUD-99_1 8(1 YRN/ts BOARD OF COUNTY COMMISSIONERS COLLIER COUN A Tnis ordlnonce filed with the Secretory of State's Office the 'l1j"'1' "... ...JaJ;;&. day of , .0..-- and acknowledgement of that filing received this .Ji2:... day ~,..- of B t:.,~~ y I' o.p.rty C -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: JI,I~)DO ORDINANCE NUMBER: :z.:oo -~ 7 W:\\ ,,1\1111ll152\nf'P\J02-H'cIions'DECf'UDlrNorkupOEC:IJ>LD2.S-2OOD.d1X TABLE OF CONTENTS SECTION I, Statement of Compliance SECTION II, Property Ownership & General Description 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 3.01 Purpose 3.02 General Plan of Development 3.03 Wetlands 3.04 General Land Development Regulations SECTION IV, Land Use and Regulation 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 5.01 Purpose 5.02 Permitted Uses and Structures SECTION VI, Nature Preserve & wildlife Sanctuary 6.01 Purpose 6.02 Function 6.03 Treatment Use 6.04 Permitted Uses and Structures 6.05 Regulations SECTION VII, Residential 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 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;\lD11.\1HI'!2l11d\OU02'IM:lklru.\DI!:CF>U0\mII~CV"U02.5-200ll.doc PAGE I-I II-I III-I IV-l V-I VI-l VII -1 VII I -1 l 8.07 Minimum Off-Street Parking & Off-Street Loading Requirements 8.0B Minimum Landscaping Requirements B.09 Signage B.10 Site Development Plans B.11 Development Intensity B.12 Architectural and Site Design Standards B.13 Standards for Personal Self Storage Centers SECTION IX, General Development Commitments 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:\'"5\1"1'52'\r1d>I'U02."mlDnIUCPUOVNI~CIPtI02.s..2DlXI_doc: PAGE VIII-3 IX-1 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 complimentary to the surrounding land uses. with and 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 applicable land development regulations 3 of the Future Land Use Element_ be in compliance with as set forth in Objective 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 additional area for a golf course driving range needs of project residents and increasing the area residential development from 152.5 acres to 154.1 increase in residential density may be found to with Collier County Growth Management Plan. Cypress for to serve the available for acres with no be consistent 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 1-75. 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 areas (Preservation 176.2 acres environmental permits; and of wetlands and transiti9nal minimum); where allowed by 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, incluaing maintenance facilities, open spaces, preservation areas, and management facilities shall be the responsibility of Owners' Association. of common the water a Property TABLE I OLDE CYPRESS LAND USE SCHEDULE LAND USE TYPE DWELLING UNITS RESIDENTIAL 1,100 Units ACREAGE RESIDENTIAL COMMERCIAL (165,000 sq. ft.)* GOLF AND COUNTRY CLUB, LAKES AND OPEN SPACE LAKE/PRESERVE AREA WETLAND PRESERVE, PARK AND WILDLIFE SANCTUARY 154.07 Acres 12.5 Acres 169.4 Acres 2.1 Acres 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 "An, "Development Plan", as Golf Course. 5.02 PERMITTED USES AND STRUCTURES No building or structure, or part altered or used, or land or water used, other than the following: thereof, may be erected, in whole or in part, for A. Permitted Principal Uses and Structures 1. Golf Course 2. Golf Clubhouse and cou~try Club 3. Water Management Facilities 4. Guest Suites B_ Permitted Accessory Uses and Structures 1. Pro-shop, customary accessory uses facilities. practice of golf driving courses or range, other and other recreational 2_ shops, gol f similar uses country club Small commercial establishments, including gift equipment sales, restaurants, cocktail lounges, and intended to exclusively serve patrons of the golf and 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 of landscaping, enclosure of structures, streets and parking areas and location and areas. harmonious in terms location of access treatment of buffer 2. Buildings shall be (50) feet from abutting residential feet from tract boundaries except back areas shall be landscaped and zone. set back a minimum of fifty districts and twenty-five (25) commercial areas and the set maintained to act as a buffer 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 Substance List shall Section IX hereof. identified on EPA Toxic be in accordance wi th 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 (GOO) square feet. c. The Guest Suites may be detached from the Club available for only residents attached to or House and are or their guests. The maximum height shall be thirty-five feet if detached from the club House, fifty (50) feet if contained within the House. d. SECTION V PAGE 3 (35) and Club 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 cross~ng 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 . boardwalks. Nature trails and pedestrian and golf cart 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 wi thin 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 "Rn 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 VI! PAGE 1 4. facilities. Parks, open spaces and other recreational outdoor 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 "Rn District. B. Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2 . with promotion years from the Model homes and model dwelling units in conjunction of the development for a period not to exceed three 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. Development requested. Signs Code in as permitted by the effect at the time Collier County Land a building permit is 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. !n the case of residential structures with a common architectural theme, required property development regulations may SECT!ON V!! 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 separated into discrete areas, such amenities or water management areas; or types are as separation physically by common 2. Landscaping or berms/walls are provided meeting the standards of Division 2.4 of the Collier County Land Development Code. SECT!ON VI! PAGE 3 TABLE II DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERM:rTTEq. SINGLE) ,... ZERO LOT TWO SINGLE '.' MULTI- 'J . USES AND ~':>::'~.;:;~~' FAMILY .' LINE .:' FAMILY & FAMILY FAMILY STANDARDS '. -!,^".j,...~.;,' DETACHED DUPLEX' . ATTACHED >. DWELLING '\:;x-.::,,-,;" -. I AND .. '. I TOWNHOUSE. .. .' .'. " .... . Minimum Lot 6,000 5,000 3,500 3,000' S.F. 1 AC Areas S.F. S.F. S.F. 11) per duo Minimum Lot 60 45 35 30 150 Width (2) Front Yard 25'" 20'" 20" 20 25 Setback Side Yard'" 5 ,", 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 Accessory'" Maximum 35 35 35 35 45'" Building Heiqht Distance N.A. N.A. N.A. 10 .5 BH Between Structures Floor Area 1200 1200 1200 1000 750 Min. (SF) RH = RlIilrling Hpighr 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. SECT!ON V!! 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 adj acent to the proj ect 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 DR! 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. SECT!ON VI! 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 ("Cn). 8.02 PERMITTED USES & STRUCTURES No building or structure, or part altered or used, or land or water used, other than the following: thereof, may be erected, in whole or in part, for A. Permitted Uses 1. All commercial uses permitted by right in the C-3, Commercial !ntermediate District of Section 2.2.14 of the Land Developmen.t 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 associated with the uses permitted in this District. customarily 2. Temporary sales/information permitted at the Director's discretion. facilities may be 8.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and tract boundaries. 8.04 BU!LDING SEPARAT!ON All buildings shall be separated 20 feet or one-half of their heights, whichever is greater, except in the clustered buildings with a common architectural theme. distances may be less, provided that a site development approved by the Development Services Director. the sum case of These plan is SECTION V!!! 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 MAX!MUM HE!GHT 50 feet above finished grade of lot. 8.07 MINIMUM OFF-STREET PARK!NG & OFF-STREET LOADING REQUIREMENTS As required by the Land Development Code of Collier County. 8.08 MINIMUM LANDSCAP!NG 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 S!TE DEVELOPMENT PLANS As required by Division 3.3 of the' Land Development Code of Collier County. 8.11 DEVELOPMENT !NTENS!TY The commercial component maximum of 12.5 acres or one (165,000) S.F. of floor area. Ordinance. ) of the project is limited to a hundred and sixty-five thousand (See also Section 8.13 of this 8.12 ARCHITECTURAL AND S!TE 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. SECT!ON V!I! 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. !ndividual 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. SECT!ON VI!! 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 landscaping and enclosure of structures, facilities and location and treatment of harmonious in location of all buffer areas. terms of improved 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 SECT!ON!X PAGE 1 Land Development Code Section 3.5.7.3.1. I. 2.7.3.4 Section The OLDE CYPRESS PUD shall be subject to of the LDC, Time Limits for Approved PUD Master 2.7.3.6, thereof Monitoring Requirements. Section Plans and 9.03 CLEAR!NG, GRAD!NG, EARTH WORK & S!TE DRA!NAGE 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 UT!L!T!ES 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. SECT!ON IX PAGE 2 4. It' is anticipated that the County Division will ultimately supply potable water to consumptive demand and/or receive and treat the sewage by this project. Utilities meet the generated 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 proj ect, 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 pur'suant 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. SECT!ON!X 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 conside~ation. 9.05 SOL!D WASTE D!SPOSAL 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. !n 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 !MPROVEMENTS a. The proposed primary road within the proj ect 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. SECT!ON IX PAGE 4 c. The project shall be provided with three (3) access points to !mmokalee 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 !mmokalee 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. started, storage entrance If the four-Ianing of !mmokalee Road has not been the Developer shall provide an eastbound left turn lane and a westbound deceleration lane at each project 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 sensi ti ve (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 SECT!ON!X PAGE 5 attached as Exhibit "C". 9.09 SUBSTITUTIONS TO COUNTY SUBDIVIS!ON REGULAT!ONS 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 Di vision 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 POLL!NG PLACES SECT!ON!X PAGE 6 polling places collier County Land future. shall be provided in accordance with the Development Code, as may be amended in the 9.11 ENVIRONMENTAL ST!PULAT!ONS 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 conqervation 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. 19B9909601PMN. Any amendments to these Permits shall be subject to review and approval by Current Planning Environmental Staff. E. pursuant 01232S. Buffer zones adj acent to the preserve areas shall be to South Florida Water Management District Permit No. 11- 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 ! Construction), to emulate a more natural environment. SECT!ON!X 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 ~nd 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 Substan~e 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 proj ect 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 LDC pertaining to archeological resources in following requirements: 2.2.25.8.1 of the addition to the SECTION IX PAGE 8 a. the :t2.'1 eastern edge of the protective buffer. acre lake/mortuary preserve and along the development will be protected by a 25-foot 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 :t2.1 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. SECTION!X PAGE 9 z _1~ - il I I I I I I Id~ .ii I J !1=111Ii !i I I j hid i!;1 !i~ I I I I n~!; lid iii I ~ 0 ,.;'1 II fSlll .. U · Q ,]I"" ........1 i! I , I , I : I , :1 .' il , : :\: \ : . . :JI' -- . - , : ~ : I' . - . - . . , : \ 1\ I i i .. 6 , . . ~ I '1 i :L I z J Ii I Wgj Q~ <3d HM_ Preserving and enhancing Florida's quality of life since 1966 HOLE. MONTES & ASSOCIATES, INC. E"'IGINEERS PLANNERS SURVEYORS HMA PROJECT #1997075 REF. DWGS. #A.1025 8. #A-1091 4114199 PROPERTY DESCRIPTION SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25 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, E112.SW114-NW114, W112-SE114-NW114, W112-SE114-SE114, W112-W112.SW114-SE114, SE114-SW114, E112-W112-SW114-SW114, E112-SW1 14-SW1 14. AND THE SW 114 OF THE NW 114 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 114 OF THE SW 1/4 OF THE SW 114 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 114 OF THE SW 1/4 OF THE SW 114 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 8. ASSOCIATES, INC. CERTIFICATE OF AUTHORIZATION LB #1772 B;- !U1w-, -JV, THOMAS J. GARRIS P.L.S. # 3741 STATE OF FLORIDA 1C550 A8::RN.c..THY STREET BONflA S?RINGS. FLORIDA ~l~S Sltll.e92-D795 FAX 9<'-992-2327 HM~ HOLE, MONTES & ASSOCIATES, tNe, ENGINEERS PLANNERS SURVEYORS Preserving and enhancing Rorida's qualily of life since 1966 HMA PROJECT # 1998060 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 ~ 01 CJ1/~ BY, ' ~~!:...-L f L V" THOMAS 1\.1, MURPHY' P,S,M, # 5628 STATE OF FLORIDA ___loNl"\,_._lIAHQtCIL_ 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 941-992.0795 FAX 941-992.2327 HN;_ Preservin9 and enhancing Florida's quality of life since 1965 HOLE. MONTES & ASSOCIATES, lNC, ENGINEERS PlANNERS SURVEYORS HMA PROJECT # 1998060 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 ,?J~S~MUt[~~'f/" ~;A~E#05:~~ORIDA .......__....I-.otI.......llOL_ 10550 ABERNATHY STREET SONnA SPRINGS, FLORIDA 34115 94'.992-0795 FAX 941-992-2327 so'. R.O.W. 5" E.o.sD.IEHT l (SIDEWALK AND E.\SEt.lENT REQUIRED CIof LOC.tJ.. STREETS) 1 1/2' ASPtW.. nc CCNCRETE: -11-- 2' 12' l t+ 0.02 n fFT r'O'~ 2'fu 12" 4' uJrt. WAlK ""ERE REQUiRED SLOPE 2' VAl..LEY CUTTER OR CURB s' U"fJlOO< SM', (PR'''ED) 12'" STABIUzrn SUB GRADE (LBR 4D) "R.O.w. MAY BE DECREASED WlTH APPROPRI"TE .kJSTlFlCAilQN AND ADEQUATE PROVISIONS FOR unUilES. N.T.S. = 1. a.L-DE-SAC PI. VElAEHT RADII SHAlL BE 40' ("'N). 2.. CUL-DE-SAC R/W RADIUS SHALL BE SO' (J.lIN). 50'. R.O.W. SECTION 60' R.O. w. 1 1/2'" ASPHALTIC CONCRETE -ll- 2' '2' i t+ 0.02 nln r'ID'~, 2'~ 12'" SLOPE 4' UIN. WAU( 2' v.lJ..l.EY CUTTER Oft CURB 8'" Ulr.4EROCK BASE (PRIMED) 12'" STABnJZED SUB GRADE (LBR 40) I- UJ W 60' R.O. W. SECTION E 0- Ol '<t ~ ,;) N.T.S. 100' R.O.W. CD Ol I '<t ~ I lXJ 24' II 12' IroIIN MEDIAN II 24' O,D2 n fFT SLOPE ~ 0:: o to N lXJ ;;- ;;: o 0:: ./ o CD N lXJ ;;- N lXJ Ol ;;- ::> 6' 1oI1N. WAU< 1 1/2'" ASPHALilC CONCRETE CURS s' U"EROCK BASE (PR'''ED) 12" STABIUZED SUB GR,\DE (LBR 40) 2' VAllEY ClJTTfJl 011 CURB 100' R.O.W. SECTION N.T.S. EXHIBIT ( HOLE MONTES & ASSOCIATES EN~S..PLANNERS-SURVEYORS THE WOODLANDS ROADWAY SECTIONS Q-IECI([O BY: C.H.H. DRAWN Iff : SlF DATE : 8/915 PRO"ECT H 182.f REF. fU I 18260 EJDtIBlT - EXHU 71.5 10th Strut S.. t"aples. FL 339,39 - Phon. : (941) 262-4617 ~ c....,.,..... T.4.......:: $ c..n--o" ~- ~ ~~.....,. "- '" 0 D '" c.....rr-C' ,.~ ;: '0 II EO E 0 ~ n - ~ ~ ~ ~ N '0 0 ~ " W z 0 :> 0 ~ ~ ~ c E , 0 0 :> C w $0.....,.-.. T..._....... - $c...u_r. T.._-'.~ ~1!1.'7"_" 1."-.............: $n..:s.,..... 1."-_ o ...........- _."-"L., _1011...'..... (OC'.CIC'I"/~-J j o -<:.. OLDE "'""""" EAST SIDE ELEVATION J" _ U' H......IiO!..E, MONTES &. ASSOClAiES, he. ~~ ENClNEER8-PLANNERS-SURVEYOR8 715 10th StrMt ~ MClpl.K, n... 3-41D2 - Phon. ; (;41) 262-4.&17 EXHIBIT D OlDE CYPRESS ENTRY MONUMENT ~-ocED BY : PRo.ECT HI R.LD. glS.se DRAW BY : RfF. nu:: N Om' QSBOMI DA.lf: E):Ht9ll - r 10/S9 1 ""0 Ol Ol co i ~ i l!5 I ;;;: a - ! en . ~Il) Z o I- t:J II l.I.. = h . , I; 0 (f) u I 0 ~ Ol (f) , co . 1;.1 I ::in ' - n <:~ i- · , - . - , - I ~ . ~ . < I i; li [ ! i . il ! , ,r ~ I -j 'l :~ ~ ~ CJ)Z ' ! U . 3F5L:' - CJ)W i ~c! , , -+ 1- ew:2 ~ ~li~~" . a: I I ~a. ~ ---, -> ! ..~ !8(.) ~ .I~:' .~~ I , << ! :I: . = : Xw , , ----.: we r ...J 0 I t. . -1. ~ .. , 1 ~ 'K. "'\' r I ---- ""-1 I L I __ I ~I~~I : ' ~I i; I.; I ~ ., !~ I ~! I -.........:J I z n I j , , II i~=Mr (L ~ 1-"- 0:: " I-=-=-I 0 0 ~ ...J """ I iL_j~ ,- It-- I f''\\ '~ l~~ ~ I -" I p~ Ii : ~~ii i ~l:.~ I -t .~ if W ~l I ~\#r ~ Ii ,-I- _' --4 ~ ~__: J " :' -I 'j :- ' ~~ t I . z. -, -I' 'I. L-~ .,g 11!~_ ~' ; -= ' , 1 :J <$ .'1 + .~. 1 -- 1 ~. .' .~" ~ , - t I i ~ ~ w .. ..J W <( ..J U <( a. z d 0 . :::l; o co d . <0 ::::> Z o :2 > 0:: r- Z w '" ~ a: ~ o ~ >- I Ul N > ~ a: N ::J '" ~ en" .e- en a: _ < ~ . ed Z ; < ~ ~ ~ ~ ~ 15 ~ ~ w ;; g ~ 2 Ul ,; . "- . % e !~ ,- it ~,.! s~t. iU!! fiH{~ i3~1l r ~:n %1 2'!. jl A!2~ ,I ,I" . . ~m 0> 0> <Xl d N ~ . 0 t . ~ i '" ; ! '" . '" z =i t 0 0 ~ ::E d <Xl ~ 'l Ii ~ ~ . 0 . <0 " I, I . ~ <Xl . 0> I i. if . " <0 i ~i < 0> i 't ~2 It I I ~ Z a OJ- 0 I- c~ - ..If Eo< Cl)Z o~ :; Cl)w r::I ow~ ~ r::I O::::l ::r: I-o.z Eo< iii>o ::J :i:u~ 0 [J) xw> woo: ..JI- Oz W ~I , I-or ~~r~ HI; ~i ~ "rl R ~ ..i ':~~i.~ ~ , is I .~ !. 1~ ... f -0 ::; "'> ~ ~D1 I N Of < -<> ~ .. . g~ N .- , r -::- ~ g J '" m ~ l-r ' Ii rn a: -< w \ .. 2 . 0<12 c . ",< .c ~~ ~ N 0 :::Ell! :; gl ~ J ~ -; . . 1i. . % ~i! z~ !Ij ~It ~~ ~:. .' . STATE OF FLORIDA) COUNTY OF COLL!ER) !, DW!GHT 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 ~CJ ~ r- r:1 e::t ,-0 = Which was adopted by the Board of County Commissi~~r~n." "'1->.~ -< the 23rd day of May, 2000, during Regular Session. B;~! ~ l n~-. '-'1-: m . ,. :;r. ~ =, ::r W!TNESS my hand and the official seal of the Boar~c6f '.D 0 ::0-1 .. _J> .::- County Commissioners of Collier County, Florida, this 2~ ~ of May, 2000. DW!GHT E. BROCK Clerk of Courts and,'Clerk Ex-officio to Board,of' County Commissioners', ',' ' r;;~~~~-- :/ " " " ", By: Ellie Hoffman, Deputy Clerk " ~f ~ ' ,{fY;.i"~ · 1... 1/' ~. l ~.~~V~ ORD!NANCE ENACTING AND ESTABL!SH!NG A LAND ~'~~';:. !I \J EVELOPMENT CODE FOR UNINCORPORATED COLLIER COUNTY, , '<"',p'! ' ~ LORIDA PURSUANT TO THE LOCAL GOVERNMENT ~ ~~ ~~ COMPREHENSIVE PLANNING AND LAND DEVELOPMENT 'j:V ~Z'I_~f:O REGULAT!ON ACT, AND CHAPTERS 9J-5 AND 9J-24, FLOR!OA "}1:' ADM!NISTRAT!VE CODE. PROVID!NG FOR SECT!ON ONE . FINDINGS; PROVIDING FOR SECTION TWO SHORT TITLE AND CITATION; PROVIDING FOR SECTION THREE ENACTING AND ESTABLISHING A LAND DEVELOPMENT CODE WHICH PROVIDES FOR ARTICLE ONE, GENERAL PROVISIONS, RELATING TO LEGISLATIVE AUTHORITY, F!NDINGS, PURPOSE AND INTENT, APPL!CABILITY, !NTERPRETAT!ONS, VESTED R!GHTS, NONCONFORM!T!ES, ENFORCEMENT, FEES, ' LAWS !NCORPORATED BY REFERENCE, AMENDMENTS TO THIS CODE, CONFL!CT WITH OTHER LAWS, SEVERAB!LITY, REPEALER, ANO COD!F!CAT!ON, EFFECT!VE DATE AND ENACTMENT; PROV!DES FOR ART!CLE TWO, ZON!NG, RELAT!NG TO GENERAL, ZONING D!STRICTS, PERM!TTED USES, CONDITIONAL USES, DIMENSIONAL STANDARDS, OFF-STREET PARKING AND LOADING, LANDSCAP!NG AND BUFFERING, SIGNS, SUPPLEMENTAL DISTRICT REGULATIONS, AND ZONING ADMINISTRATION AND PROCEDURES; PROV!DES FOR ARTICLE THREE, DEVELOPMENT REQU!REMENTS, RELAT!NG TO GENERAL, SUBDIV!S!ONS, SITE DEVELOPMEtlT PLANS, EXPLOS!VES, EXCAVAT!ON, WELL CONSTRUCT!ON, SO!L EROS!ON CONTROL, ENVIRONMENTAL !MPACT STATEMENTS (E!S) , VEGETAT!ON REMOVAL PROTECTION AND PRESERVhTION, SEA TURTLE PROTECTION, ENDANGERED THREATENED OR L!STED SPECIES PROTECTION, COASTAL ZONE MANAGEMENT, COASTAL CONSTRUCTION L!NE VARIANCE, VEH!CLE ON THE BEACH REGULATIONS, AND AOEQUATE PUBLIC FACILITIES; PROVIDES FOR ARTICLE FOUR, !MPACT FEES, RELATING TO ROAD !MPACT FEES, PARK AND RECREATIONAL !MPACT FEES, L!BRARY SYSTEM !MPACT FEES, REGIONAL WATER SYSTEM IMPACT FEE, AND REGIONAL SEWER SYSTEM IMPACT FEE; PROV!DES FOR ARTICLE FIVE, DECISION-MAKING AND ADMINISTRATIVE BODIES, RELATING TO BOARD OF COUNTY COMMISSIONERS, PLANN!NG COMM!SSION, BOARD OF ZON!NG APPEALS, BU!LDING BOARD OF ADJUSTMENTS AND APPEALS, CODE ENFORCEMENT BOARD, BU!LD!NG CONTRACTORS' L!CENS!NG BOARD, COUNTY MANAGER, GROWTH MANAGEMENT DEPARTMENT, COMMUN!TY DEVELOPMENT SERVICES D!V!S!ON, DEVELOPMENT SERV!CES DEPARTMENT, GROWTH PLANN!NG DEPARTMENT, HOUS!NG AND URBAN IMPROVEMENT DEPARTMENT; ENV!RONMENTAL ADV!SORY BOARD AND HISTOR!C/ARCHAEOLOG!CAL PRESERVAT!ON BOARD CREATED AND ESTABL!SHED; PROV!DES FOR ART!CLE S!X, DEF!N!TIONS, RELAT!N\ TO RULES OF CONSTRUCT!ON, ABBREVIATIONS AND DEF:N!TIONS; PROVIOING FOR SECTION FOUR THAT THE LAND L'EVELOPMENT CODE SETOUT HEREIN SHALL SUPERSEDE AND REPEAL ANY AND ALL RESOLUT!ONS AND ORDINANCES IN CONFL!CT HEREW!TH; PROV!D!NG FOR SECTION FIVE ADOPT!ON OF ZON!NG ATLAS MAPS; PROVID!NG FOR SECTION SIX SEVERABILITY; AND PROVIDING FOR SECTION SEVEN EFFECT!VE QATE. ORD!NANCE NO. 91-102 '. t.- I ," '. ') ~ ~ 1 ,- Whereas, Chapter 163, Part II, Florida Statutes also known as the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Chapter 9J-5, Florida Administrative Code mandates the adoption of land development . 04"9h?; 01 -1- DMnDrlJ.2 SuMltIIsltml c1...ification of the roadway section to he carried. All hridge Jlructu= shall he designed for H-20 loadin" incorporatinl adequate COfTOIion and erosion protection. 3.2.8.4.5 1!.WIm.. Landscape buITen, when required.by this Code. Div. 2.4. or other County regulation shall be in addition to the Rquin:d rilht~f-way width and .hall be designah:d as a separate buffer tr.u:t Of easement on the final subdivision plat. The minimum buffer widlh shall be in confonnance with Div. 2.4. In no c.ue shall the required buffer be Constructed to reduce cross-comer or stoppm& .iiht distances. All buffer tracts: Of eaKments shall be owned and maintained by a property ov.ners U&OCiation or other similar entity and shall be so dedicated on the final 5Ubdivis:ioo pial. 3.2.8.4.6 ~. Any navi&lble canal or waiC1'WlY dcaill1'ed u part of I development or subdivision, intended 10 serve two (2) or mo... properties, sball he desill1'ed in compliance with the roquiremenlJl of the County', Water Manalement Muter Plan and Div. 3.5. or olher iovemmenLat entities with jurisdiction. where applicable. The .Iopes of tho canal banb shall be stabilized wilh ruillble "p--rap. native vClelation or other proven ermion control meulJrC5. 3.2.8.4,7 Ea.wmf:nl.!. 1. Ulilil. Wanen!!. Utilily....menta DO I... than ten feci (10') wide, uol... otherwi.. Ipproved by tho Developmenl Servic:a Director pumwtl to Sec. 3.2.7.2, shill he provided to accommod&te .n required utilities 10, across, or along Jots and. where J>OS3ible, shall he centered oa lollme. with coovenienllCCeSll for maintenance. Utility easements and drainlgo easements shall not be combined wilhout prior approval of tho Development Services Director. drainage easements shaH b.k:e precedence and be sO noted on the final subdivisioD plat. All utility easements for water and sewer facilifies that will be conveyed 10 the Collier County Waler~Sewer District .hall be sepantcly idc:ntificcJ and dedicated on the final subdivision pllt .. "County Utility Eas<:ment" (C.U.E.) and shall he I minimum of fifteen fe.:t (IS') wide unJ... otho;rwise Ipproved by the Collier Counl)' Utility Division. EXcepl wben - crosaln& other euementl, such eascmenlJ: shall not be incon:!listenl with other existing utility easemenlJ. or later subjected 10 USC5 inconsistent with the use of the e.uement area for utility purposes unless otherwise approved hy the Collier County Ulilily DiVision pursuant to the conditions in Sec. 3.2.7.2. 2. Drainsi'e Ea.mnml!. DrainaeD eucments .hall be provided to accommodate open drainage facilities II a width no less than . lotal of ten fc:el (10'). The actual siu of the ~ment in excess of the len foot (10.) minimum Khan he ddennined hased on (he hydraulic desill1' of the now way and the use of hank stlbilization IpproVed by the Devdopment Services Director or minimum .id" !dopes at . 4: 1 ratio. wilhout stabilizxtion. Where undera:round drain_eo ,trucCUrel Ire installc:d, tht: a.~mc:nt widlh shan he: sized 10 accomrnocJ.ate construction. maintenance and n:rl.ce~nt of Mid fitruclurc:ft. In no ClLW IIhalllUlid ea.ow:mc:nt hG leu than fifteen fcd (1S') in width. unleQ ()(hcrwi~ aprrovccJ hy (he Development Services Director gunuanl to Sec. 3.2.7.2. C<Jl/luCOUItI'J lArrd D~Io"".~",. C(N/~ J-J6 (k,,.brrJO.I5'91 aoOl 049 {:t: 375 DMd"" J.1 3.2.8.4.8 SubJMn~ When . IUbdivi.ion or dcrvelopment lncluda or reqUlru accea acrosa canal., water COUneI. water bodiea:, Itreaml, drainap way., channel" natunlly occurring wetlands (thaI Ira 10 be preaerved). or lho lib, I drainl'. ....menl and adjoin in, mainl<nanWICC<II cuemeal obaIl be provided'which confonns substanlillly 10 tho /in.. of roch water COUI"Ia unlea olberwite .pproved by the Development SeJ'Vlcu Director pursuanllO Sec. 3.2.7.2. M.intenance and acceu easements ror the subdivision', or dcvelopmenl's Ipproved water manarement system ohall be created and sized in compliance willi lbe rutea and rerulatiOl1l of the South Florida Water Management District, II .mecded. For canal. or waterway. mainten.ancelacceu easement IhaJl be. provided in accord&.ncc with requiretDCDta of the entity with .responsibility for mainttnmcc/accea. Drsino,. ....ments ohall be """,led 10 provide for th. now of "'naco walera from cootribulory I",... . 3. Protectrd/Prrs.erye Area and ..........er'lL.. A aon1xclU3ive easement or tracE ia favor --: of ColIier Coualy, without aDY maiat.mancc obli,ation, .han be provided (or .1.1 'proteclod/~.' I"'" roquirod 10 be desiJOlled on th. preliminary kd fual ",bdivision plsts. Any buildabJ.lot or "","(SUbjoctlo or lbultin,l protoctedlp~rvo .rea required to be dea:1J'D'ited .DG the preliminary and lina. Rlbdivi.ion plats .m.1I h.ve 1 minimum lWenly.fivo fool (25') oetbock from tho boundary of ruch pro'ocledlpreacrvo lrea in whicb no principl. ItnIClUra may be COllItrucled. Ful1her, th. prdiminary and fmal Rlbdivi,ion plats dWl requiJ'd that DO aIteratioa. i.neludinl' acces.sory .tructurea. fill placement, eooin" plant alteratiOD or removal, or .irniJar activity .haJJ be penniued within IUCb JC:tbac:k area without tho prior written consent of the Development Services Diroclor; provided, in no evenl ohallth... activiti.. be permitled in ",cb ICtback lrea within ten reel (10') of lb. prolccledJpresorv. lrea boundary"unJess lho lbove ",tbacb ~ accompliobed lbrourh bufferio, purauant to Soc. 3.2.8.3.4. The boundariea: o{.1I required euemcutJ shall be dimensioned on the fLOa) wbdivision pl.t. Required protected/preservo areal man be identified... acpanto- tracts or casemcnt& havine accea to them from a platted ri,bl of way. No individual residential or commercial lot or parcel Jinea: may project into them wben plarted .. . Enct. If the protected/~o area i. determined to bejuriadictional in nature. verilication mwt be provided whichdcx:umenu the approval of the boundary lirnill from the appropriate loal, .r..te or federal a&,encica havin&, jurisdiction and wben applicable pumant to the requiremeotJ and proviaionJ ofth" Growth Manazement Plan. All required easements or 'nets for proleCled/presorv. ..... ohall be dedicated and llso ...,.blisb tho pennined "-'OS for ..id ~menl(.) and/or tracts CD the tinallUbdivision pJat to Collier County without the responsibilily (or maint.enancc and/or to a property owner'. association or .imilar entity wilh maintenance resporuibilitic:a. An applicant who wi5hes to set uidc, dodiClrc or lrant additional prolected preserve areas not otherwise required to be dea:iJ:l1alcd on the ftrcliminary IUbdivi.ion plat and finAl IUbdivilion plals may do 10 by irant or dediCllion without bein, bound by tho provi,ioru of this section. Fire Hvdmnt'J. All hydnntJ ahall be connccted 10 water systems having IUfficienl ltorage or emcr,CDcy pumpm, facilities to provido (or the minimum (jro flow. to be maintained (or at lcut CoUtu Counry l..mtd Dew141""P'1 Cod~ ).)7' OctDbu JO. /99/ '. &OOK 04'914376 ' - - ... " ! I :' ,... i' 9) O(e I) '!~ I) r-Jr~;, ' Pit I " ORDINANCE 93-.!!2- (~ft" ',',-- : 51 ~\' ,f. C ~ AN ORDINANCE AMENDING ORDINANCE 91-102, THE .~(,~ Ii ,,''':1-- COLLIER COUNTY LAND DEVELOPMENT CODE, ARTICLE ~~o' ONE, GENERAL PROVISIONS; ARTICLE TWO, ZONING; 4 ARTICLE THREE, DEVELOPMENT REQUIREMENTS; ARTICLE FIVE, DECISION-MAKING ^NO ADMINISTRATIVE BODIES; AND ARTICLE SIX, DEFINITIONS; MORE PARTICULARLY PROVIDING FOR SECTION ONE, RECITALS; PROVIDING FOR SECTION TWO, FINDINGS OF FACTi PROVIDING FOR SECTION THREE, ADOPTION OF AMENDMENTS TO THE LAND DEVELOPMENT CODE; PROVIDING FOR SECTION FOUR, CONFLICT AND SEVERABILITY; PROVIDING FOR SECTION FIVE, EFFECTIVE DATE. Whereas, the Land Development code may not be amended mora than two times in each calendar ~ear pursuant to Section 1.19.1, LDC; and Whereas, this is the second amendment to the Land Development Code, ordinance, 91-102, in this calendar year; and Whereas, on March 23, 1993 the Board ot County Commissioners adopted Resolution 93-124 establiShing local requirements and procedures for amending the LOC; and Whereas, all requirements ot Resolution 93-124 have been met; and Whereas, on~.April 6, 1993 the Board ot' County commis8ioner. adopted Resolution 93-144 limiting the subject matter of amendments and establishing deadlines tor the first Loe amendment cycle ot the 1993 calendar year; and Whereas, the Collier county planning CotllJDission in a manner prescribed by law did hold a public workshop on October 14, 1993 and advertised public hearings on October 21, 1993, October 27, 1993 I and December ~, 1993 concerning these. amendments to the LOC; and Whereas, the Board ot County Commissioners in a manner prescribed by law did hold advertised public hearings on November 17, 1993 and December 9, 1993 and did taxe action concerning' these amendments to the LOCi and Wherea.s, all applicable substantive procedural and requirements ot the law have been meta .~ IDDl 064 PIG! 221 - 1 - .._,_._---~~.---- - tDe PA9- 3-26 ,.;...3. I 3.2 .'.J .4 - - ~ -Gubdl.i.l~n. &r d.._l~p~ent. .~ be b~ft.~.d ~ 'the ~ro'~ of p-t'O~ ~ f-rc1fl Id.rCldfl&l-n9 -l-end v..-. .. rlq.foILE'IIt1 ~ III LJle., ~ ~ .hit->> be ehoYn. end dL41.,..._t.ed 6ft ~. p-t-.t, _ . ~ 0-'1." eall.!l. a..t. -IrH lal"ld,,~ap. ~ ~ ..n-e.H N ~.~ lII4L7, lei and: ~~ ~ .eCl!'fpllanel w-i-t-h ~ ~ ~... -l-trnd.~ ~ ~ ~ ~ be ~~ 6ft en-r JNh-l-lo M' ;-_1 at.. ~hl.:.( I.J' .....If-tHt ablll'e/ t-o ~ hH~ ~ . p"l-&~ e-r L..lio~6l.JBd ~n~ eha-H: biI delll~IJI.Lfl.d ptt~ too t-tte pt".l.l~~ of tH.laio" h+r- -eu-f-f--e-t'-e Adjlleu.'e t-o pl:el.ettd/~[.lI81:.. ~ ~ ~t'1'lI M ~ t.lJ~l_a."."t.. ..~~ by ~ ~ ~e~~LrL"q ~ h4lle~. -T* ac"&~tabl. t-o t--he -iMt-i-e~ ~ ~ ~ IH1' De l....1-Jad ~ ~ bo'ttnda-r-l..... e-f da..lo~lI'.l'\tl Pluala M' ~ ~ ~ be .~ Il\d .:!UJ."9"ftO:t.II.:l. "" 'doll pla~. . tol1l:\: e~..ement-r ~ Subdtvllllonll or dsvelooments shall b. buffered (or the ore! ftetic" or t:>rocertv owners from IlJrroundlna land ule' a. reauLrec1 curluant" to "Diy: 2.4. Buffer. shllll be lnutalled durtna conetrue.tic" 8e followl and ii\ accordance with Div. 2..011 II To 1IltO!l.rllte residential deYltlooments (rom commen:d!l.l. ~rnunit"y \.lelt. industriai lInd oublic UII. deVil!rloDmentll and .u1jllcent exorellllwavs. arterials and railroad rlahts-o(-wav. USltot where Il\.lch I!!xorelJflwav. arte['ial. or railroad rulht-cf-wav abuts a aolf course. bl To lJeDa['ate commercial. cOlT\munltv use. IndulJtr'lal and oubIlc ~ develoDmentll from residential deyelooments. cl To aenaratl!l Bubdivlllionll of r'luldentlal orooertv that do not ~ult in the submittal of a Site Development Plan Dureuant i.Q.... the provisIons ot Oivhion 3.3 trom other residential :I:!.U,pertiel. Seoaration IIhalt be crltated with II. land_caee butfer etrio which i. de.ianed and conlltrueted 1..1'1 com'Dllanc. with the "rovi.ion. of oivl.ion .2.4. Such buffer strIp,s, .hall b. lIhown and desion.tad on the f~nal 'Dlat a. a tract or ea.ement and ahall not b. located within anv oubIie or Drivate rioht-of-wav. The II.bilitv to loc!l.te buff~rtlll wlthln a olatted or recorded ealleml!nt _hall be determined ourBuant to the urovl_ion!! of Olylsion 2.4. Buffer!! ad;acent to orotected/or8!erVe area! !!h.!lll conform to the reauirement! established bv the aaenc:v reouirlna such buffer. Delet. .tricken lanqu"'181 add underlin.<s 1an9ulI.ge. .- 1001 06<1 PIG[ 309 '-.- ... w D ., "- ~ '0 '" " 0 0 m ~ ~ w ., w ~ I "- on I- III c( w ~l6 Z~ o~ 0: ~:i ~ ~c( ~~~ ~ 000 'lit..) " U. (/) a. >= (/) ~ I- ~zz ~~5 OU 1-0: ~ ni~ Ur~5 _U I- ~~ Qu. ~~ oe 0: o a. c( ~~ n ~! );I'" ~~ ,,~ c' :i 5' .' ~d~ :; ~~ z ~~ ~~ S~ e' i~ ~~ '. ~~~ :~~ ;: ~~~ ;- ~ :~: ~:> - -, c '. ., I . ;1, ~p. II ~i1 :> ~ ~i!;~ .~,~ ~ ~ ~~~ ~~ ~ ~ B~ h i ~ ~i~ n i ~ ~i~ 11' i ! , c . , ; J " b~~~ ~n~tl Ei ~~".' 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I~I';:;' :,::; - ; : <>L>Vu~t;t;~:!;:~~,~;;:;;.m " c,c"J""' 66/ic/tO ORDINANCE NO. 99-~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8631N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "POO" AND "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE PELICAN MARSH COMMUNITY PUD FOR THE PURPOSE OF AMENDING ORDINANCE NO, 99-33 HAVING THE EFFECT OF ADDING 141.6:t ACRES FOR ADDITIONAL MIXED USE RESIDENTIAL AND GOLF COURSE DEVELOPMENT AND MAKING RELATED REVISIONS TO THE MASTER PLAN AND TEXT FOR PROPERTY LOCATED NORTH OF VANDERBILT BEACH ROAD (C.R. 901) AND EAST OF LIVINGSTON ROAD, IN SECTIONS 25, 27, 34, 35 AND 36, TOWNSHIP 48 SOUTH, RANGE 25 EAST AND SECTION 31, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 2213,6:t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-33 THE FORMER PELICAN MARSH COMMUNITY PUD; AND BY PROVIDING AN EFFECTIVE DATE, l- DEe 1999 . f/fCFlVt. Of liIerk D aoarr/ (': ~.t '1 .\ . . . . WHEREAS, George L. Varnadoe of Y Dung, van Assenderp, Varnadoe & Anderson, P .A... representing: ~ '. .. :. {- ~ ~ WeI Communities, Inc., petitioned the Board of County Commissioners to change the zoning dt~5sificatio~ o~ . ",:..) ,', the herein described real property. ~-,,~-'i c:- NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISStaNERS OF COLLIER COUNTY, FLORIDA. that: SECTION ONE: The Zoning Classification ofthe herein described real property located in Sections 25, 27, 34, 35 and 36, Township 48 South, Range 25 East and Section 31, Township 48 South, Range 26 East, Collier County, Florida, is changed from "PUD" and "AU Rural Agricultural to "PUD" Planned Unit Development in accordance with the POO Document, attached hereto as Exhibit "A;' which is incorporated herein and by reference marle part hereof. The Official Zoning Atlas Map numbered 863lN, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 99-33, known as the Pelican Marsh Community POO, adopted on May 11, 1999, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. -1- SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florid this~day of_,~999, ATTEST: DWIGHT E, BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ''tt;: -c;a:v'~1 At est~is to Chilnain's slgnatur. 0011_ Approved as to Form and Legal Sufficiency J&e- O"I"n~/UL on~ Marjo M. Student Assistant County Attorney This ordinance flied with the Secretory of ?~te's Office the ~oy of .urt" ,a2L and acknowledgement of that iiling..,,(eceived this ~ day of !flLR.A , ..1..222-. By y,."g.~ /~/ - ./ [)",puty CIoorlr. gladminl ORDINANCElPUD-93..(l1(5)IRN/im -2- EXHIBIT A PELICAN MARSH COMMUNITY A PLANNED UNIT DEVELOPMENT 2213,6:t Acres Located in Sections 25, 27. 34, 35 & 36 Township 48 South, Range 25 East, and Section 31. Township 48 South, Range 26 East. Collier County, Florida PREPARED FOR: WCI COMMUNITIES, INC. 24301 Walden Center Drive Bonita Springs, Florida 34134 PREPARED BY: YOUNG. van ASSENDERP , VARNADOE & ANDERSON, P .A, 801 Laurel Oak Drive, Suite 300 Naples, Florida 34108 POD 93-1, ORDNANCE 93-27 - ORIGINAL POD 94-9, ORDINANCE 95-4 - AMENDMENT ORDINANCE 95-50 - AMENDMENT ORDINANCE 95-71 - AMENDMENT ORDINANCE 97-79 - AMENDMENT ORDINANCE 98-11 - AMENDMENT ORDINANCE 99-33 - AMENDMENT DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BYBCC l~f'1! ORDINANCE NUMBER >'- " TABLE OF CONTENTS PAGE LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE AND SHORT TITLE iii. SECTION I LEGAL DESCRWfION, PROPERTY OWNERSHIP, & GENERAL DESCRIPTION I-I SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DISTRICT 3-1 SECTION IV GOLF COURSE, RECREATION & OPEN SPACE DISTRICT 4-1 SECTION V RESERVE DISTRICT 5-1 SECTION VI CULTURAL CENTER DISTRICT 6-1 SECTION VII ACTIVITY CENTER DISTRICT 7-1 SECTION vm GENERAL DEVELOPMENT COMMITMENTS LIST OF EXffiBITS 8-1 Exhibit A Map H-3 (Revised Map H) Master Plan (Johnson Engineering, Inc., File No. 19991406) SfATEMENT OF COMPLIANCE The purpose of this section is to express the intent ofWCI Conununities, Inc., hereinafter referred to as "WCI" or the "Developer," to create a Planned Unit Development (PUD) on 2213.6:1: acres of land located in Sections 25, 27, 34, 35, & 36 Township 48 South, Range 25 East, and Section 31, Township 48 South, Range 26 East. Collier County, Florida. The name of this Planned Unit Development shan be Pelican Marsh Community. The development of Pelican Marsh Community will be in general compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and other applicable regulations for the fonowing reasons: 1. The subject property is within the Urban Mixed Use DistrictlUrban Residential Subdistrict as identified nn the Future Land Use Map as required in Objective I, of the Future Land Use Element (FLUE). Tbe purpose of the Urban Residential Subdistrict is to provide for higher density residential uses in an area with relatively few nab.ual resource constraints and where existing and planned public facilities are concentrated. 2. The proposed density of Pelican Marsh Community is 2.16 units per acre and less than the maximum density permitted by the FLUE Density Rating System and is therefore consistent with Future Land Use Element Policy 5.1. The entire subject property qualifies for a base density of four units per acre. Cenain pam of the subject property are further subject to density adjustments including a proximity to Activity Center density bonus, roadway access density bonus, and long range traffic congestion area and interconnection density reduction, which when taken collectively and applied to the property yield an allowable density greater than three units per acre. 3. Pelican Marsh Community is compatible with and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The development of Pelican Marsh Community will result in an efficient and economical extension of community facilities and services as required in Policies 3 .1.H and L of the Future Land Use Element. 6. Pelican Marsh Community is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required by Objective 1,5 of the Drainage Sub-Element of the Public Facilities Element. 7. Pelican Marsh Community is a large scale functionally interrelated community. and is planned to encourage ingenuity. innovation and imagination as set forth in the Collier County Land Development Code Planned Unit Development District. 8. Pelican Marsh Community represents a large scale infJlI conununity within the Urban District, thereby discouraging urban sprawl as required by Policy 5.3 of the Puture Land Use Element. SHORT TITLE This ordinance shaH be known and cited as the "PELICAN MARSH COMMUNITY PLANNED UNIT DEVELOPMENT ORDINANCE", ii SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRWI"ION I.l PURPOSE The purpose of this section is to set forth the legal description and ownership of Pelican Marsh Community, and to describe the existing condition of the property proposed to be developed, 1.2 LEGAL DESCRIPTION PELICAN MARSH, being approximately 2214 acres, more or less, is legally described as follows: BEGINNING at the southwest corner of Section 27, Township 48 South. Range 25 East. Collier County. Florida; thence along the west line of said Section 27 and the easterly right-of-way Hne of U.S. 41 North 00038'20" West 2623.40 feet to the west \4 corner of said Section 27; thence continue along the west line of said Section 27 and said right~of-way North 00039'12" Wesl827,69 feet; thence leaving said line North 89020'45" East 3844.57 feet to the westerly right-of-way line of proposed Goodlette-Frank Road as recorded in Plat Book 13, page 58, Public Records of Collier County. Florida; thence along said westerly right-of-way line in the following four (4) described courses; I) South 05034'48" East 3545,96 feet to the south line of said Section 27; 2) South 05'33' 10" East 2642,17 feet; 3) southerly 620.87 feet along the arc of a circular curve concave westerly having a radius of 2799.93 feet through a central angle ofl2'42, 18" and being subtended by a chord which bears South 00'47'59" WesI619.60 feet; 4) South 07'09'08" WesI1675.64 feel to the boundary line of the pial of Pine Ridge Second Extension as recorded in Pial Book 10, page 86 of the Public Records of Collier County, Florida; thence along the boundary of said Pine Ridge Second Extension in the following eight (8) described courses: I) South 89050'5g" West 88,21 feel; 2) North 31'34'00" West 120.19 feet; 3) North 05'37' 10" West 956.47 feel; 4) South 74'46'39" West 379.98 feet; 5) South 12"04'43" East 23,53 feel; 6) South 87'09'43" West 272.40 feel; 7) northwesterly 1854.46 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 1640.26 feet through a central angle of 64046'40" and being subtended by a chord which bears North 48'50'02" West 1757.26 feel; I-I 8) North 81013'22" West 737,85 feet; thence leaving said plat boundary North 00003'39" West 707.85 feet; thence South 89033'32" East 336,8! feet; thence North 00026'28" East 180.64 feet; thence northerly 37.60 feet along the arc of a circular curve concave easterly having a radius of 130,00 feet through a central angle of 16"34' ]9" and being suhlended by a chord which bears North 08043'37" East 37.47 feet; thence North 17000'47" East 181.41 feet; thence northwesterly 654.92 feet along the arc of a circular curve concave southwesterly having a radius of 395 ,00 feet through a central angle of94059'52" and being subtended by a chord which bears North 30029'09" West 582.44 feet thence North 77059'05" West 144,30 feet; thence northwesterly 418.87 feet along the arc of a circular curve concave northeasterly having a radius of 800.00 feet through a central angle of29059'57" and being subtended by a chord which hears North 62059'06" West 4!4,1O feet; thence North 47059'08" West ]00,03 feet; thence westerly 615.18 feet along the arc of a circular curve concave southerly having a radius of 826,09 feet through a central angle of 42040'04" and being suhtended by a chord which hears North 69019'10" West 601.07 feet; thence South 89020'48" West 204,55 feet to the west line of said Section 34, and the east right-of-way line of U ,S, 41; thence along said line North 00039'20" West 665,92 feel to the Point of Beginning; LESS AND EXCEPT all that pari of Pelican Marsh Unit Five as recorded in Plat Book 22, pages 88 through 89 Public Records of Collier County, Florida. being more particularly described as follows: BEGINNING at the northwesterly corner of said Pelican Marsh Unit Five; thence along the boundary of said Pelican Marsh Unit Five South 89033 '32" East 306.56 feet to a point on the west line of Tract WF-I (Drainage Easement) according to the Plat of Grand Isle al Pelican Marsh, Plat Book 24, pages 67 through 70, Public Records of Collier County, Florida; thence along said line South 00.00'00" East 481.17 feet to a point on the north line of Tract "B" rvanderbilt Beach Road) according to the Plat of Pelican Marsh Unit Five, Plat Book 22, pages 88 through 89, Public Records of Collier County, Florida; thence southwesterly 306.37 feet along the arc of a non-tangential circular curve concave to the southeast, having a radius of 2430.00 through a central angle of 07013'26" and heing subtended by a chord which bears South 88'15'16" West 306.17 feet to a point on the boundary of said Pelican Marsh Unit Fivcj thence along said line North 00003 '39" WesI492.87 feet 10 the POINT OF BEGINNING of the parcel herein described; Containing 3.40 acres more or less. Subject to easements and restrictions of record, 1.2 Bearings are based on the north line of said Pelican Marsh Unit Five being South 89'33'32" East. Containing 573.98 acres more or less. Subject to easements and restrictions of record. TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: All that part of Section 27, Township 48 South. Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west 1,4 comer of said Section 27; thence along said west line North 00'39'12" West 827.69 feet; thence leaving said line North 89'20'45" East 577,78 feet to the Point of Beginning of the parcel herein described; thence North 57'47'59" East 46,92 feet; thence North 68'35'21" East 110,88 feet; thence North 00'39'12" West 187.52 feet; thence North 77'43'40" East 573,08 feet; thence South 72'59'03" East 785.48 feet; thence South OOQ39'15" East 27.71 feet; thence North 89'20'45' East 503,78 feet; thence South 00'39'15" East 100,64 feet; thence South 89'20'45" West 1957.22 feet to the Point of Beginning of the parcel herein described. Subject to easements and restrictions of record. Containing 9.5 acres more or less. Bearings are hased on the west line of said Section 27 as being North 00'39' 12" West. AND LESS TIm FOILOWlNG TIIREE (3) DESCRIBED PARCELS: All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida, being more particularly described as follows: Commencing at the west one quarter corner Section 27, Township 48 South, Range 25 East; theucc along the westlinc of said Section 27 North 00'39' 12" West 827.69 fect; theucc leaving said Section line North 89'20'45" East 55.00 fectlo the Point of Beginning of the area thereon described; thence North 89'20'45' East 366.45 feet; thence South 00'39' IS' East 34.09 foct; thence southeasterly 47.35 feet along the arc of a non-tangential circular curve concave southwesterly having a radius of 70.00 feet through a central angle of 38045'23" and being subtended by a chord which bears South 64'19'09' East 46.45 feet to a point of compound curvature; I.J thence southerly 259.53 feet along the arc of a circular curve concave westerly having a radius of 197.21 feet through a central angle of75024'(}6" and being subtended by a chord which bears South 07014'23" East 24\.20 feet to a point of reverse curvature; thence southe.fly 151.40 feet along the arc of a circular curve concave easterly having a radius of 130.00 feet through a central angle of 66043'37" and being subtended by a chord which bears South 02054107" East 142.99 feet to a point of reverse curvature; thence southerly 120.22 feet along the arc of a circular curve concave westerly having a radius of 70,00 feet through a central angle of 98024' 12" and being subtended by a chord which bears South 12056'10" West 105,98 feet; thence south 62008'16" West 75,07 feet; thence southerly 48.75 feet along the arc of a circular curvc concave easterly having a radius of 30,00 feet through a central aogle of 93006'13" and being subtended by a chord which bears South 15035' 10" West 43.56 feet; thence South 30057'58" East 34,79 feet; thence southerly 19.94 feet along the arc of a circular curve concave westerly having a radius of 80,00 feet through a central angle of 14016'43" and being sublended by a chord which bears South 23049'37" East 19,89 feet; thence along a non-tangentialline South 84013'14" East 158.41 feet; thence South 80055'24" East 183,78 feet; thence South 81052'51" East 180,90 feet; thence South 00000'00" East 261,28 feet; thence North 90000'00" West 394.57 feet; thence North 00000'00" East 271.73 feet; thence North 84013'14" West 120.32 feet; thence South 33005'40" West 54.13 feet; thence South 76056'51" West 89,04 feet; thence North 58035'21" West 65.19 feet; thence North 15031'55" West 74,80 feet; thence North 00041 '41" West 115.24 feet; thence North 28022'47" East 171.51 feet; thence North 17011 '45" West 106,79 feet; thence North 13002'52" East 28.51 feet; thence North 73036'14" West 54.78 feet; thence South 49016'08' West 112.78 feet; thence South 89047'08" West 53.08 feet; thence North 58"00'49" West 50.49 feet; thence North 00039' 12" West 303.49 feet to the Point of Beginning of the area herein described . Containing 7.8 acres more or less. Subject to easements and restrictions of record. Bearings are based on the west line of Section 27. Township 48 South, Range 2S East, Collier County, Florida, being North 00039'12" West. 1-4 AND All that part of Section 27. Township 48 South, Range 25 East, Collier County, Florida being more particularly described as foHows: Commencing at the west 1,4 corner of said Section 27; thence along said west line North 00039'12" West 827,69 feet; thence leaving said line North 89020'45" East 2469.55 feet to the Point of Beginning of the parcel herein described; thence continue North 89020'45" East 787.88 feet; thence South 84045'32" West 23.43 feet; thence South 74056'42" West 121,32 feet; thence South 79049'51" West 45.93 feet; thence westerly 45.51 feet along the arc ofa tangential circular curve concave to the north having a radius or 66,00 reet through a central angle of 39030' 16" and heing subtended by a chord which bears North 80025'01 n West 44.61 feet to a point of reverse curvature; thence northwesterly 52.92 feet along the arc of a tangential circular curve concave to the south having a radius of 150,00 reet through a central angle of 20012'57" and being subtended by a chord which bears North 70046'21" West 52,65 feet; thence North 80052'50" Wes136.59 feet; thence westerly 46.17 feet along the arc of a tangential circular curve concave to the south having a radius of 80,00 feet through a central angle of 33004' 13" and being subtended by a chord which bears South 82035'04" West 45.54 feet to a point of reverse curvature; thence westerly 38.16 feet along the arc of a tangential circular c~rve concave to the north having a radius of 60,00 feet thrnugh a central angle of 36026' 18" and heing subtended by a chord which bears South 84"16'06R West 37.52 feet to a point of reverse curvature; thence westerly 68.84 feet along the arc of a tangential circular curve concave to the south having a radius of 305,00 feet through a central angle of 12055'58" and heiog subtended by a chord which bears North 83058'44" Wes168.70 feet; thence South 89033'17" West 18.36 feet; thence South 89039' 11" West 71.63 feel; thence North 89035'03" West 36.03 feet; thence South 86"06'33" West 42.94 feet; thence South 83044'08' West 26.23 feet; thence South 51001 '05' Wes127.49 feel; thence South 33"25'42" Wes119.95 feet; thence South 15039'57" Wes120.54 feet; thence South 10054'31" West 34.64 feet; thence South 89020'06" West 101.06 feet; thence North 10045'58" East 101.42 feet to the Point of Beginning of the parcel berein described. . Subject to easements and restrictions of record. Containing 0.48 acres more or less. Bearings are based on the west line of said Section 27 as being North 00039'12" West. t.s AND All that part of Section 27, Township 48 South, Range 25 East. Collier County, Florida, being more particularly described as follows: Commencing at the west IA comer of said Section 27; thence along said west line North 00"39' 12" West 827,69 feet; thence leaving said line North 89"20'45" East 3401. 12 feet to the Point of Beginning of the parcel herein described; thence continue North 89"20'45" East 443.43 feet; thence South 05"34'48" East 147,72 feet; thence South 89"20'45" West 51.56 feet; thence North 23"56'01" West 13,07 feet; thence northerly 30.72 feet along the arc of a tangential circular curve concave to the east having a radius of 80,00 feet through a central angle of21"59'53" and being subtended by a chord which bears North 12"56'04" West 30.53 feet; thence North 05"01 'OJ" West 31.56 feet; thence North 36"19'27" West 32.02 feet; thence North 56"04'43" West 35,11 feet; thence North 80"39'23" West 32,53 feet; thence North 88"39'20" West 97,78 feet; theoce North 86"04'48" West 45,79 feet; thence North 89"49'56" West 132.77 feet; thence North 69"40'18" West 37,23 feet to the Point of Beginning of the parcel herein described, Subject to easements and restrictions of record. Containing 0.38 acres more or less. Bearings are based on the west line of said Section 27 as being North 00"39'12" West. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL: Beginning at the northwest corner of said Section 35; thence along the north line of said Section 35 North 89"45'35" East 5231,69 feet to the west right-of-way line of Airport-Pulling Road (C.R. 31); thence along said westerly right-of-way line South 00"31 '47" East 5258.31 feet to the south line of said Section 35; thence along said south line South 89"39'22" West 2541.65 feet to the south \4 corner of said Section 35; thence continue along said south line South 89"39'32" West 2641.33 feet to the southwest comer of said Section 35; thence along the south line of said Section 34 South 89"51 '02" West 391.57 feet to the boundary line of a parcel described in O.R, Book 524, page 121 of the Public Records of Collier County. Florida; thence along the boundary of said parcel North OJ "03'33" West 295,29 feet; 1-6 thence continue along the boundary of said parcel South 89'51 '02' West 443.28 feet to the easterly right-<Jf-way line of proposed Goodletle-Frank Road as recorded in Plat Book 13, page 58 of the Public Records of Collier County. Florida; thence along said easterly right-of-way line North 07'09'08" East 1729,52 feet; thence continue along said easterly right-<Jf-way line northerly 649.69 feet along the arc of a circular curve concave westerly having a radius of 2929.93 feet through a cenrral angle of 12'42'18" and being sublended by a chord which bears North 00'47'59" East 648.37 feet; thence continne along said right-of-way line North 05'33'10" West 2628,44 feet to a point on the north line of said Section 34; thence leaving said right-of-way line and along the north line of said Section 34 South 89'31 '31" East 772,91 feet to the Point of Beginning, Containing 708.39 acres more or less. Subject to easements and restrictions of record. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCEL Beginning at the northeast corner of said Section 36; thence along the east line of said Section, Sonth 02'12'03" East 2671.63 feet to the east !4 corner of said Section 36; thence continue along the east line of said Section 36 South 02006'28" East 2519.08 feet to a point on the northerly right-of-way line of Vanderbilt Beach Road; thence along said northerly right-oC-way line North 89'39'39" West 2855.35 feet; thence continue along said line North 89043'59" West 2544.87 feet to a point on the easterly right-<Jf-way line of Airport-Pulling Road (C.R, 31); thence along said easterly right-of-way line North 00'31 '47" West 4490.03 feet to the sonthwest corner of the east 15 feet of the west 115 feet of the south 80 feet of the north 619.49 feet of said Section 36; thence along the south line of said land North 89'27'57' Eas115.oo feet; thence along the east line of said land North 00'31'47" West 80,00 feet; thence along the north line of said land South 89'27'57' West 15.00 feet 10 the east right-of- way line of Airport Road (C.R. 31); thence along said right-<Jf-way North 00'31'47' West 539.49 feet to the north line of said Section 36j thence along said north line North 89'27'57' East 3914.28 feet to the southwest corner of the east !h of the east !h of said Section 25; thence along the west line of the east !h of the east !h of said Section 2S North 01 '54'09" West 2668.19 feet; thence continue along the west line of the east !h of the east !h of said Section 25 North 01'57'16" West 2567.06 feet to a point on lhe southerly right-<Jf-way line of Immokalee Road (C.R. 846); thence along said right-of-way North 89'14'36' East 1325.57 feet to the east line of said Section 25; thence along said east line of Section 25 South 02'06'59" East 2569.75 feet to the east !4 corner of Section 25; ,.7 thence continue along said east line of Section 25 South 02000'46" East 2670,97 feet to the Point of Beginning. Containing 789.67 acres more or less. Subject to easements and restrictions of record. Bearings are based on the State Plane Coordinates 1983 datum 1990 adjustment, the north line of Section 35, being North 89045'35" East. AND TOGETHER WITH THE FOLLOWING DESCRIBED PARCELS WITHIN SECTION 31. TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA: Parcel J: N 'I.. of the SE \4 of the SW \4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida, Parcel II: S 'I.. of the NE \4 of the SW \4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel III: N 'I.. of the SW \4 of the NW \4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida, Parcel IV: S 'I.. of lhe SW \4 of the NW \4 of Section 31, Township 48 South, Range 26 East, Collier County. Florida, Parcel VI: NY, of the SW \4 of the SW \4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcel VII: NW \4 of the SW \4 of Section 31, Township 48 South, Range 26 East, Collier County, Florida. Parcels I, II, III, IV, VI and VII cnntain a total of 14I.61 acres, more or less. Total parcel contains 2214 acres, more or less. 1.3 PROPERTY OWNERSHIP The subject property is currently under the equitable owoership or control of WCI Communities, Inc., whose address is 24301 Walden Center Drive, Bonita Springs, Florida 34134, 1.8 1.4 GENERAL DESCRIPTION OF PROPERTY A, The project site is located in Sections 25, 27, 34, 35, & 36 Township 48 Sonth, Range 25 East, and Section 31, Township 48 South, Range 26 East, and is generally bordered on the west hy Tamiami Trail North (U,S, 41); on the north by undeveloped land, Victoria Park Subdivision, Crescent Lake Estates, Four Seasons and Immokalee Road (CR. 846); on the east by the futute Livingston Road and the Wilshire Lakes subdivision; and on the south by Pine Ridge Subdivision and Vanderbih Beach Road, Monterey PUD, Emerald Lakes PUD, and Vineyards PUD, The location of the site is shown on Map H-3 of the Pelican Marsh Community Notice of Proposed Change (NOPC) Application, B, The zoning classification of the subject property as of this submittal is PUD (Planned Unit Development), A (Rural Agricultural) and A.ST. c. Elevations within the site range from 6' to 14' above mean sea level with an average of approximately 11.0 feeL Per FEMA Firm Map Panels Nos, 120067-D193D, 0195D, 038lD, and 0385D dated June 3, 1986, the Pelican Marsh property is located wilhin both zones" AE" and "X". Topographic mapping is shown on Map C of the Pelican Marsh Community Application for Development Approval. D. The soil types on the site generally include Imrnokalee fine sand; Myakka fine sand; Hallandale fine sand, Pineda fine sand, limestone substratum, Basinger fine sand; Fort Drum and Malabar high fine sands; Boca fine sand~ Chobee. Winder and Gator, depressional; Holopaw and OkeeLanta soils depressional; Boca, Riviera, limestone substratum; Copeland fine sand; Holopaw fine sand; Urban Land; Urban Land Holopaw Basinger Complex; Urban Land lmmokalee OIdsmar Limestone Substratum complex; Satellite fine sand; and Urban Land Satellite Complex. Soil Conservation Service mapping of soil types is shown on Map E of the Pelican Marsh Community Application for Development Approval, and Map E of the NOPC. E. Prior to development, vegetation on site primarily consisted of agricultural fields, (active and abandoned) including agricultural facilities, pine f1alWoods, Brazilian Pepper, and Melaleuca dominated areas, Cypress and mixed pine and Cypress, disturbed areas, and Saw Palmetto prairies. Detailed vegetation mapping is shown on Map F of the Pelican Marsh Community Application for Development Approval, and Map F of the NOPC F. The project site is located within the Cocohatchee River Basin as depicted within the Collier County Drainage Atlas (1993), The general surface drainage pattern of the site west of Airport Road runs in a south to north direction into the Pine Ridge Canal. The drainage pattern of the site east of Airport Road runs in a east to west direction into the Airport Road Canal. Both canals eventually discharge into the Cocohatchee River. The Stormwater Management Master Plan is shown on Map I t-9 of the Pelican Marsh Cnmmunity Application for Development Approval, and Map I of the NOPC, 1.5 DEVELOPMENT OF REGIONAL IMPACT Due to its scope, the Pelican Marsh Community has been reviewed and approved by Collier County pursuant to Section 380.06, Florida Statutes. as a Development of Regional Impact (DRI). Developer has also received approval from the Florida Department of Community Affairs (DCA) for an application for a Preliminary Development Agreement (PDA) encompassing 1,086.5 acres of the Pelican Marsh Community. This approval provided the State's authorization for the commencement and development of llle first phase of the community. which is below 80% of any applicable DR! threshold, 1.6 DENSITY Acreage of the Pelican Marsh Community is approximately 2214 acres and the number of dwelling units aulhorized to be built pursuant to this PUD is 4800. The gross project deI15ity, therefore, will be a maximum of2.16 units per acre. At all times all property included witbin the Pelican Marsh Commuuity sball be included in determining project density including property reserved or dedicated for public uses, such as, bUl not limited to, public roadways. 1-10 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Pelican Marsh Community, and to identify relationships to applicable County ordinances, policies, and procedures. 2.2 GENERAL DESCR1PTI0N OF PROJECT PLAN AND PROPOSED LAND USES Pelican Marsh Community. a private community. will include a broad range of single family and multi-family housing, 72 holes of golf with clubhouses and other associated facilities, a master planned activity center including a resort hotel and cultural facililies, stomlwater management lakes, open spaces, and reserve areas. The Master Plan is illustrated graphically on Johnson Engineering, Inc., File No. 19991406, Map H-3, attached hereto as Exhibit "A." A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size, and configuration of individual tracts shall be determined at the time ofPrelirninary Subdivision Plat approval with minor adjustments at the time of Final Plat approval, in accordance with Article 3, Division 3.2, Section 3.2.7, of the Collier County Land Development Code. 2.3 GENERAL COMPLIANCE WITH COUNTY ORDINANCES A, Regulations for development of Pelican Marsh Community shan be in accordance with the contents of this PUD Ordinance and applicahle sections of the Collier County Land Development Code (to the extent they are not inconsistent with this PUD Ordinance) which are in effect at the time of issuance of any development order to which said regulations relate which anthorizes the construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Pennit and Preliminary Work Authorization. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993 and amended on April 19, 1994, Where this PUD Ordinance or subsequently adopted Community Design Guidelines and Standards fail to provide developmental standards, then the provisions of the most similar zoning district or section of the Comer County Land Development Code shan apply. B. Unless otherwise defined herein. or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of development order application. 2-t C. Development pennitted by the approval of this PUD will be subject to a concurrency review under the Adequate Public Facilities Ordinaace Article 3, Division 3,15 of the Collier County Land Developmeot Code, D, Unless modified, waived or excepted by this PUD or by subsequent request, tbe provisions of other applicable sections of the Land Development Code remain in effect with respect to the development ,of the land which comprises this PUD. E. An conditions imposed herein or as represented on the Pelican Marsh Community Master Plan are part of the regulations which govern the manner in which the land may be developed, F, The Subdivisions Division of the Collier County Land Development Cnde (Article 3, Division 3.2) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3,2.4, G. The Site Development Plans Division of the Collier County Land Development Code (Article 3, Division 3,3) shall apply to Pelican Marsh Community, except where an exemption is set forth herein or otherwise granted pursuant to Land Development Cnde Section 3,3.4, 2.4 COMMUNITY DEVELOPMENT DISTRICT The developer has established the Pelican Marsh Community Development District (PMCDD) to design, construct, manage, and maintain infrastructure and community facilities needed to serve the Project. The PMCnD constitutes a timely, efficient, effective, responsive and economic way to ensure tlIe provision of facilities and infrastructure for the proposed development. Such infrastructure as may be constructed, managed and financed by the PMCDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and pennitting of the Pelican Marsh Community. The land area is amenable to infrastnJcture provision by a district that has the powers set forth in the charter of a Community Development District under Section 190.006 through 190.041, Flnrida Statutes, Such a district is a legitimate alternative available both to the County and to the landowner for the timely and sustained provision of quality infrastnJcture under the tenus and conditions of County development approval. 2.5 ROADWAYS Roadways within the Pelican Marsh Community are included as one of the PMCDD provided infrastructure improvements. Standards for roads shall be in compliance with the applicable provisions of Collier County Land Development Code regulating subdivisions, 2.2 unless otheIWise modified, waived or excepted by Ibis PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the right to request suhstitutions to Code design standards in accordance with Article 3, Division 3.2., Section 3.2.7.2 of the Collier County Land Development Code. The Developer, also reserves the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the Developer on all privately owned and maintained project roadways. 2.6 LAKE SETBACK AND EXCA V A TION The lake setback requirements described in Article 3, Division 3.5, Section 3.5.7.1 afthe Collier County Land Development Code may be reduced with the administrative approval of the Collier County Development Services Director and the Pelican Marsh Design Review Committee (PMDRC), All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1., however removal of fill from Pelican Marsh Community shall be limited to an amount up to 10 percent per lake (to a maximum of 20,OCMJ cubic yards) of the tolal volume excavated unless a commercial excavation permit is received. 2.7 USE OF RIGHTS-QF- WAY Utilization of lands within all project rights-of-way for landscaping, decorative entrance ways, and signage may be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for . engineering and safety considerations during the development review process and. prior to any installations. 2.8 MODEL HOMES/SALES CENTERS Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but oot limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses througbout Pelican Marsh CODlDRlnity subject to the requirements of Article 2, Division 2,6, Section 2.6.33.4 and Article 3, Division 3.2, Section 3.2.6.3.6, of the Collier County Land Development Code. 2.9 CHANGES AND AMENDMENTS TO PUn DOCUMENT OR PUn MASTER PLAN Changes and amendments may be made to Ibis PUD Ordinance or PUD Master Plan as provided in Article 2, Division 2.7, Section 2.7.3.5 of the Comer County Land Development Code. Minor change. and refinements as deBcribed in Section 8.3 of thi. PUD document may be made in connection with any type of development or pennit application required by the Collier County Land Development Code. 2.3 2.10 COMMON AREA MAINTENANCE Most common area maintenance will be provided by tbe PMCDD. The PMCDD is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County development approval. For those areas not maintained by the PMCDD, the Developer has created a propeny owners association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The PMCDn or the property owners association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems and reserves serving Pelican Marsh Community. in accordance with the provisions of Collier County Ordinance 9048 and Resolution 90~292, together with any applicable permits from the Florida Department of Environmental Protection, U.S. Army Corps of Engineers, and South Florida Water Management District. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generaJly permitted as a principal use throughout Pelican Marsh Community, The following standards shall apply: A, Landscape berms shall have tbe following maximum side slopes: L Grassed berms 3: I 2, Ground covered berms 2: I 3. Rip-Rap berms 1:1 4, Structural walled berms - venical B. Fence or wall maximum height: six feet (6'), as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade sbaIl be considered to be no greater than eighteen inches (18") above tbe highest crown elevation of the nearest existing road unless tbe fence or wall is constructed on a perimeter landscape berm. In these cases the wall shall not exceed six feet (6') in height from the tnp of berm elevation for berm elevation with an average side slope of 4:1 or less, and shall nnt exceed four feet (4') in height from the top of berm elevatinn for berms witb an average side slope of greater tban 4: I (Le. 3:1). C. Landscape buffers, berms, fence. and walls may be constructed along the perimeter of tbe Pelican Marsh Community POO boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement on final plats, or in a separate recorded instrument. D. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall nnt be subject to tbe height limitatinns set 2-4 forth under 2.11 B, and shan be governed by the height limitations for priocipal structures of the district in which they are located. In the case of access control structures within right-of-ways adjoining two or more different districts, the more restrictive height standard shan apply. E. Pedestrian sidewalks and/or bike paths, water management systems and drainage may be allowed in landscape buffers subject to review and approval by the PMDRC. 2.12 FILL STORAGE Fill storage is generally permitted as a principal use throughout Pelican Marsh Community. Fill material generated from properties owned or leased by the developer may be transported and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, a Leuer of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following staodards shall apply: A. Stockpile maximum side slope 3:1 B, Stockpile maximum height: thirty-five feet (35') c. Fill storage areas shall be screened with a security fence at least six feet (6') in height above ground level. D, The followiog FLUCCS Code lands as shown ou Map F of the Pelicau Marsh Community Application for Development Approval may be used for fill storage: 200,212,214.422,424,740, E, Fill storage in excess of five feet (5') io height shall be located no closer than three hundred feet (300') from any developed residential properties. F. Soil erosion control shall be provided in accordance with Collier County Land Development Code Division 3.7. G. Fill storage sball not be permined in areas occupied by threatened or eodangered species unless an approved management plan permits such use. 2.13 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier Couoty Land Development Cnde, Artiele 2, Division 2.2, Section 2,2.20,1, 2-5 Pelican Marsh Community is planned as a private, large-scale, fullCtionally interrelated community under unified control, to be developed over an extended time period. Developer has established community-wide design guideHnes and standards to ensure a high and consistent level of quality for community features and facilities, which include features and facilities such as landscaping, hardscape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, roadway medians, fences, walls, buffers, berms and other similar facilities. Upon approval of specific design guidelines and standards by Collier County and Developer. those guidelines shall be considered as supplemental standards or requirements of this Planned Unit Development Ordinance. Developer will also establish supplemental design guidelines and standards by means of recorded covenants, conditions, and restrictions, the existence of which shall be noted on the Final Subdivision Plat or Final Site Development Plan. Said covenants, conditions and restrictions shall provide that prior to submittal of an application for Preliminary Subdivision Plat, Final Subdivision Plat or Site Development Plan Application to Collier County, an applicant must first submit the application to PMDRC for review and approval. Collier County shall not accept any such application for processing unless it is accompanied by a leHer indicating Developer's review and approval. 2.14 REQUIRED ENVIRONMENTAL PERMITS Where the development of land within this Planned Unit Development requires a permit from a local, state, or Federal Agency with jurisdiction over the property (regulating agency) proposed for development, then the Developer shall obtain such permits as may be required prior to the commencement of construction or alteration of lhe land specifically requiring such permit. Where such regulating agency issues a permit, Collier County shall not impose conditions, exactions or modifications that are in conflict with or exceed the requirements of the issued pennit, provided that Collier County may impose conditions that exceed and are not in conflict with the issued permit if Collier County r s regulatory jurisdiction as provided in the Collier County Growth Management Plan and Land Development Code exceeds that of the other regulating agencies. In such a case, Collier County's euvironmeutal permitting guidelines and requirements shall control relalive to the specific County permit only. Construction approvals from Collier County may be phased to allow construction of portions of a particular use that do not impact lands which require an environmental permit, provided that such environmental pennits have been applied for and are under process by the appropriate agencies. and subject to the understanding that it is the Developer's sole risk if such permits are not finally issued to allow completion of the proposed use. 2-6 2.15 PRELIMINARY SUBDMSI0N PLAT PHASING Due to the size and anticipated build-out period of Pelican Marsh Community, submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.16 GENERAL PERMITfED USES Certain uses shall be considered general permitted uses throughout the Pelican Marsh Community PUD except in Reserve District. General permitted uses arc those uses which generally serve the Developer and residents of Pelican Marsh Community and are typically part of the common infrastructure or arc considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Collier County Land Development Code, Section 2,6,9, L 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control Structures. 6. Community and neighborhood parks, recreational facilities, community centers. 7. Temporary construction, sales, and administrative offices for the Developer and Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses, ' 8. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards sel forth in Section 2,11 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.12 of this PUD, 10. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. 2.7 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply 10 structures: 1. Setback from back of curb or edge of pavement of any road - fifteen feel (15') except for guard houses, gatehouses, and access control structures which shall have no required setback. 2, Sethack from property lines - one half ('h) the height of the structure, 3. Minimum distance between structures which arc part of an architecturally unined grouping - five feet (5'). 4. Minimum distance between unrelated structures - tcn feet (10'). 5. Maximum height of structures - twenty-five feet (251). 6, Minimum floor area - None required. 7. Minimum lot or parcel area - None required. 8. Sidewalks, bikepaths, and cart paths may occur within County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath, 9, Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies approximately 1327.3 acres included in the Golf CourselRecreation and Open Space District, Reserve District, lake. and miscellaneous open space/buffer designations. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the open space requirements of Article 2, Division 2,6, Section 2,6.27 and Section 2.6.32 of the Collier County Land Development Code. 2.8 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4,6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable naturally functioning native vegetation on site shall be retained, The total area of viable natural functioning native vegetation within the PUD boundary is 942.54 acres, therefore 235.66 acres 3re required to be retained. This requirement is fully satisfied within the Reserve District and no further preservation is required. 2.19 SIGNAGE A. All Collier County sign regulations in force at the time of approval of this PUD rezoning action shall apply unless such regulations are in conflict with the conditions set forth in this Section, in which case the PUD Document shall govern. B. Boundary marker monuments containing project identification signs designed to promote the project or any major use within the project shall be permitted along the project boundaries on U.S. 41, Goodlette-Frank Road, Vanderbilt Beach Road, Airport Road, and future Livingston Road. V-type boundary marker monuments shall be permitted only at intersections. C. A maximum of ten (10) boundary marker monuments shall be permitted, D. The sign face area of each side of the boundary marker monument may not exceed 64 square feet. The edges of any sign face may not extend above the top or beyond the corner edge of any boundary marker monument on which it is located. If the boundary marker monument is two-sided, each sign face may not exceed 64 square feet of area. E. Each side of a boundary marker monument may contain up to four (4) individual project, business or direction identifications (message areas), as long as the total sign face area does oot exceed 64 square feet of area. The size of the words. letters, graphics, and the typography and color scheme used in each individual project, business, or directional identification on a sign on a boundary marker monument shall be similar to and consistent with the other identifications placed on the same boundary marker monument. F, Entrance signs may be located at each entrance to the project and may be one, two or three-sided. Such signs may contain up to four (4) individual project, business or direction identifications (message areas) per side, as long as the total sign face on each side does not exceed 64 square feet of area. Where a three-sided sign is utilized, the third sign side shall face internal to the development and the sign message area shall not exceed 10 square feel. The size of words, letters, graphics, and the typography and color scheme used in each individual project, business or 2-9 directional identification on an entrance sign shall be similar to and consistent with the other identifications placed on the same sign. A maximum of two l-sided, one 2-sided, or one 3-sided entrance signs may be permitted at each entrance, with the exception pf the entrance on the east side of Airport Road where three l-sided entrance signs may be permitted. G. Boundary marker monuments and entrance signs may not exceed a height of 8 feet above the crown of the nearest road, unless the sign (or wall containing the sign) is constructed on a perimeter landscape berm, in which case the sign shall not exceed a height of 8 feel. H, Bouodary marker mooumeots aod eolraoce sigos may be lighted provided all lights are directed to the sign or are shielded. 2-10 SECTION III RESIDENTIAL LAND USE DISTRICT 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "R. H 3.2 MAXIMUM DWELLING UNITS A maximum number of 4800 residential dwelling units may be constructed on lands designated "R," 3.3 GENERAL DESCRWfION Areas designated as "RIl on the Master Plan are designed to accommodate a full range of residential dwelling types, compatible non~residential uses, a full range of recreational and educational facilities, essential services, and customary accessory uses. The approximate acreage of the "R" district is indicated on the POO 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 llses found in residential areas. 3.4 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. Principal Us..: 1. Single Family Detached Dwellings. 2, Single Family Patio and Zero Lot Line Dwellings. 3. Two-family and Duplex Dwellings. 4, Single Family Attached and Townhouse Dwellings. 5. Multi-Family Dwellings including Garden Apartments. 3.\ 6, Churches and other places of worship, subject to Collier County staff administrative approval during Site Development Plan review to address site location, size, ingress and egress, and buffering requirements, and subject to the Multi-family Development Standards set forth in Table I. 7, Schools (public or private). 8, Assisted Living Facilities, Group Care Facilities (Category I and II), Care Units, Nursing Homes, and Family Care Facilities (collectively ALF) only east of Airport Road. 9. Rental Residential Units Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family," contained in Division 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other renlal periods determined by their respective owner/manager, which shall be either the hotel located within the activity center or the entity owning the golf resort use. Each residential unit shall constitute and be counted as one of the 4800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this POO Document. 10, 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 It District. B. Accessory Uses and Structures: I. Accessory uses and structures customarily associated with principal uses pennitted in this district. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Development Service. Director determines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table I sels forth the development standards for land uses within the 'R' Residential District. 3-2 B, Site development standards for categories 1 - 4 uses apply to individual residential lot boundaries, Calegory 5 standards apply to platted parcel boundaries, C, Standards for parking. landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with Collier County Land Development Cnde in effecl at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I 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. E. In the case of residential structures with a conunon architectural theme, required property development regulations may be waived or reduced provided a site plan is approved by the Collier County Planning Commission in accordance with Article 2, Division 2,6. Section 2,6,27.4,6 of the Collier County Land Development Cnde, Common open space requirements are deemed satisfied pursuant to Section 2.17 of thisPUD, F. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-3, Four Seasons Subdivision zoned RSF-2. and Quail Wonds Estates zoned RSF-2 shall be limited to single family dwellings. multi-family dwellings. water management facilities and lakes, and customary single family accessory uses. Residential lands abutting those areas of Victoria Park Subdivision zoned RSF-4 or RMF-12 and Quail Woods Estates zoned RMF-6 shall be limited to single. two-family. and multi- family dwellings. water management facilities and lakes and customary residential accessory uses. Where multi-family uses abut off-site single family uses. there shall he a minimwn separation of one hundred feet (100') between the two uses. In addition. a platted ROW or platte<! landscaped buffer, a minimum width of thirty feel (30') and meeting the opacity requirements of an alternative type "c" buffer as described in the LDC. must be provided within the one hundred feet (100'). G. Off .treet parking required for multi.family u.es shall be accessed by parking ai.les or driveways which are separate from any roads which serves a development exceeding 96 units. A cul-de-sac road within the development may have abutting surface parking where the parking serves 24 units or tess. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road I with the exception of cul-de-sacs serving 24 units or less. 3.3 H. Single family patio and zero lot line dwellings are identified separately from single family detached dwellings with conventional side yard reqnirements to distinguish these types for the purpose of applying development standards under Table 1, Patio and zero lot line dwellings shall be defmed as any type of detached single family structure employing a ~ro or reduced side yard as set forth herein, and which conform to requirements of Collier County Land Development Code Anicle 2, Division 2.6, Subsection 2,6.27. I. Attached or detached courtyard residences which include cahana bedrooms separately accessed from the courtyard and not from the main house are permitted providing that: 1) The cabana structure must be connected to other portions of the residence in a manner that gives the entire residence the appearance in elevation from the street of being one single family residence~ 2) The cabana structures must be accessible only from the enclosed courtyard and must not be accessible directly from the street; and 3) The cabana structure may not contain primary cooking facilities. 3.4 TABLE I PELICAN MARSH COMMUNITY DEVELOPMENT STANDARDS FOR I1RIl RESIDENTIAL AREAS SINGLE PATIO & lWO SINGLE F AMIL Y MULTI ASSISTED PERMIITED USES AND FAMILY ZERO LOT FAMILY & A IT ACHED AND FAMILY LIVING STANDARDS DETACHED LINE DUPLEX TOWNHOUSE DWELLINGS FACILITIES Cafel!orv I 2 3 4 5 8 Minimum Lot Area 7,500 SF 5,000 SF 3.500 SP4 3,000 SF 1 AC lAC Minimum Lot Width "5 75 50 35 30 ISO ISO Front Yard 25 20 "'3 20 '3 20 '3 25 25 Fronl Yard for IS 10 10 10 15 15 Side Entrv Garal!e Side Yard 7.5 '6 00r7.5 Oor.5 BH .5 BH 20 OR.5 BH Rear Yard Principal 20 10 20 20 BH BH Rear Yard Accessory 10 5 10 10 15 15 Rear Yard Soecial.l 10 5 10 10 .5BH .5BH Maximum Building Height 35 35 35 35 SO 50 I '2 DislanCe Between 15 10 Oar 15 .5SBH .5 SBH .5SBH ! Princinal Strucrures Floor Area Min. (S,F,) 1800 SF 1600 SF 1600 SF 1200 SF 1000 SF"'S NIA'7 Jlli: BuildiDgHclght .s..!lli: (Sum of Building Heijlbrs): CombUJod height or twO adj&cCllt tuildio&:s for !he purpose of dctmnirWl& setback ~menb;. AIl~areinr;etuolcssoCbcfWiscnoced. -I ~ With approv.a from PMDRC, rear yuda for priJd~ IlIUCGII'eI on kill whil:b Ibn JQIlI:OlU1C, lake, OJlCllllplCC, or rcRM areas. Selback from Iakc for lI1 prio:ipIl lId accessory uses may be O' providina; archItccIun1llenk trellmem iI Umrponled inlo dcsijn InS sul!lcct 10 written approval frum Plmnlnr: Services 0cpInmcnt. Wkb IpprDYal from PMDRC. frolt yardJ IIhaU be meuurod u fo1low.: A. lflhe paz=lls served by I pub& ricJa-of-wty,lCbc:k Is IDCUlIl'ed from !be IlijIc:cEt n,hI-of..w'ylim. B. If,1he parcells K:rved by. prMlC road, ICIbact b meuured from the back ofcwb Cllcurbed) orcdae ofplVCmcm (if not curbed). "'1- Build1DabeiatttJba.ll. be !be vertic&l dlllucelDAlWed f'rom1be ftnthll~ftnldaDdtlooz-eJcyationlO~upponDDll( ftnlahDdcoWaa: c1l:valionoflhe ItnJCtunl. ~. SIn&II: fun1Iy dwelllnp wtDch provkk for 2 parkq ipatel wllhl.n an rmcIDJOCI prap ani provia fw pII:It parkinr: OSher lhan Ia privati: driVewaYI may rcdlJco Ibc froII; )'lord requireml:nllO " for w pra,= and 15' for !he ~irdna: a:Nr:turcl. ." .1!IIclt balfota duplex unit mpllrel a lot UUlllloeadonot3,500 S.P. for IlDtIllllinimum lot II'C& of7,ooo S.P. .j . Minimum lot width may be reduced by 20'" for cuI-de.sac lots provided minimum lot area requin:menl: is still maintained. 3.5 ~-r f~ *6- Zero feet (0') . minimum of five fect(S') on either side clCCptlhal where !he uro feet(O')yard option is ur:ilizcd, Ihcopposire am gflhc IlIuQure shall have lien foot /(10') yard. Zero (0') yards may be u~ on bo~,S~5 of I structure. provided thallhe ,OPPOSilC !ell foot (IO'~ ~~ is prov"idcd. .Patios, pools and screen cnclO$Uf~ may V encroach into the 10' yard and may auach 10 Ihe adJouung dwellmg provided an casement IS gl'llnlCd from die adJouung dwelhng UM owner. "? - For density C(lmparison, a,ch residential wlit shall cqual4.0 ALP units, .8 - StnlcDJres casl of Airport Road have I minimum noor area of 750 S.F. 3-6 SECTION IV GOLF COURSE, RECREATION AND OPEN SPACE DISTRICT 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as "GeO" and Miscellaneous Open Space/Buffer. 4.2 GENERAL DESCRIPTION Areas designated as "GeO" and Miscellaneous Open Space/Buffer on the Master Plan are designed to accommodate a full range of golf course, recreational, water management and open space uses, as well as to provide lands for community-related ancillary uses and essential services. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures L Golf courses, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5. Public administration facilities, 6, Open space uses and struclU= such as, but not limited to, boardwalks, nature trails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness trails and shelters. 4-1 B, 7, 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 "GCO' and Miscellaneous Open Space/Buffer District. Pennitted Accessory Uses and Structures I. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2, Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. 3, Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, tennis, and recreational rdated sales. 4, Restaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5, Shuftleboard courts, tennis courts, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6, Teleconununications facilities. 7, Any other accessory use which is comparable in t:Iature with the foregoing uses and which the Development Services Director determines to be compatible in the "GCO" and Miscellaneous Open Space/Buffer District. 4.4 DEVELOPMENT STANDARDS A, Principal structures shall be setback a minimum of twenty feet (20') from 'GCO' and Miscellaneous Open Space/Buffer district boundaries and private roads, and fifty feet (50') from all PUD boundaries and residential tracts. except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half ('h) the height of the structure. B. Accessory structures shall setback a minimum of ten feet (10') from 'GCO" and Miscellaneous Open SpacelBuffer district boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts, except where the PUD abuts the Collier County Wastewater Treatment Plant or a public right of way, in which case the setback shall be one half ('h) the height of the structure. C. Lighting facilities shall be arranged in a manner which wi1l protect roadways and residential properties from direct glare or unreasonable interference. 4.2 D, Maximum height of stnlcrnres - Fifty feet (50'), E. Minimum distance between principal or accessory structures which are a part of an architecrnrally unified grouping - Ten feet (10'), F. Minimum distance between all other principal strucrnres - Twenty feet (20'), G. Minimum distance between an other accessory structures - Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None required. J. Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with 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, 4.3 SECTION V RESERVE DISTRICT 5.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan, as Reserve. 5.2 GENERAL DESCRIPTION Areas designated as Reserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Reserve district is to retain viable naturally functioning wetland and xeric upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Pelican Marsh Community residents. 5.3 PERMITTED USES AND STRUCTURES No building or structure. or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Passive recreational areas, boardwalks, including recreational shelters and restrooms . 2. Biking, hiking, nature and equestrian trails (excluding asphalt paved trails in wetlands). 3. Paved golf cart paths and unpaved pedestrian paths in xeric uplands. 4. Water management facilities, structures and lakes, including lakes with bulkheads or other arcbib:cturaJ treatments. 5. Mitigation areas as provided in the Cocohatchee Strand Restoration Plan and other applicable pennits. 6. Roadway crossings and utility crossings at Pelican Marsh Boulevard, Vanderbilt Beach Road, Goodlette-Frank Road, and the Cocohatchee Strand Golf Course crossing/reconnection area. 7. Utility lines in xeric uplands. 5-1 8. Any other conservation and related open space activity or llse which is comparable in nature with the foregoing llses and which the Development Services Director detennines to be compatible in the Reserve District. 5.4 DEVELOPMENT STANDARDS A. All structures shall setback a minimum of five feet (5') from Reserve district boundaries and roads, except for pathways, boardwalks and water management structures, which shall have no required setback. B. Lighting facilities shall be arranged in a ma1U1er which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - Twenty-five feet (25'), D. Minimum distance between principal structures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5 '). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and fioor area standards apply to principal structures. 5.5 RESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by CoJlier County Land Development Code Section 3.2.8.4.7.3 fur preservation landa included in the Reserve District. In addition to CnJlier County, a conservation easement may also be required by other regulatory agencies with jurisdiction over Reserve District lands. In addition to complying with provisions of the Collier County Land Development Cnde, said easement shall be provided in accordance with the terms set forth in the applicable permit granted by said agencies, and as set forth in PUD Section 8.13 hereof. The developer, their successor or assigns, the Pelican Marsh Foundation or the PMCnn shall be responsible for control and maintenance of lands within the Reserve District. Conservation easements shall be recorded in conformance with the Preliminary Wark Authorization as amended on April 19 , 1994, 5.2 SECTION VI COMMUNITY FACILITY DISTRICT 6.1 PURPOSE The purpose of this section is to identify pennitted uses and development standards for areas within Pelican Marsh Community designated on the Master Plan as " CF." 6.2 MAXIMUM SQUARE FOOTAGE A maximum of 50.(x)() square feet (gross floor area) of Corrununity Facility Uses may be constructed on lands designated" CF." 6.3 GENERAL DESCRIPTION Areas designated as " CP" on the Master Plan are designed to accommodate a fun range of cultural uses, essential services, and customary accessory uses. The approximate acreage of the" CFIl district is indicated on the 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. Cultural Center. tracts are designed to accommodate internal roadways, open spaces, lakes and water management facilities, and other similar uses. 6.4 PERMfITED USES AND STRUCTIJRES No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: All uses normally associated with a community facility including but not limited 10: 1. Churches and places of worship 2. Governmental huildings 3. Child daycare facilities 4. Civic, social and fraternal associations 6.) 5, Any other principal use which is comparable in nature with the foregoing uses and which the Development Services Director detennines to be compatible in the " CF" District. B. Accessory Uses and Structures: I. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Recreational facilities. 3, Classroom facilities. 4, 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" CF" District. 6.5 DEVELOPMENT STANDARDS A. Principal structures shail be setback a minimum of twenty feet (20') from "CF" district boundaries and private roads, and fifty feet (50') from ail pun boundaries. public roads and residential tracts. B. Accessory structures shall be setback a minimum of twenty feet (20') from district boundaries and private roads, and twenty feet (20') from PUD boundaries, public roads and residential tracts. C, Setback from lakes for ail principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCDD, and Collier County Development Services Department. D. Lighting facilities shaI! be arranged in a maooer which will protect roadways and residential properties from direct glare or unreasonable interference. E. Maximum beight of structures - Eighty feel (80'). F. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'), G. Minimum distance between all other principal structures - Twenty feet (20'). H, Minimum distance between all other accessory structures - Ten feet (10'). 6.2 I. Minimum floor area - None required. J. Minimum lot or parcel area - None required. K. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with 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. 6-3 SECTION VII ACTIVITY CENTER DISTRICT 7.1 PURPOSE The purpose of this seclion is 10 identify permitted uses and development slandards for areas within Pelican Marsh Community designated on the Master Plan as "AC." 7.2 MAXIMUM SQUARE FOOTAGEIROOMS A maximum of 381,100 square feet gross floor area (331,400 square feet leasable floor area) of retail uses; 295,800 square feet gross floor area of office uses, including up to 9,000 square feet of medical offices; and 450 hotel rooms may be constructed on lands designated "AC." 7.3 GENERAL DESCRIPTION Areas designated as "AC" on the Master Plan are designed to accommodate a full range of relail, service and office commercial uses, essential services, and customary accessory uses. The approximate acreage of the "AC" district is indicated on the 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 Pr<?liminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Activity Center tracts are designed to acconunodate internal roadways, open spaces, lakes and water management facilities, and other similar uses found in Activity Center areas. 7.4 PERMfITED 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 and Structures: 1. Accounting, Auditing and Bookkeeping Services (Group 8721). 2. Amusements and Recreation Services - Indoor (Groups 7911-7941, 7991, 7993, 7997). 3. Apparel and Accessory Stores (Groups 5611-5699). 4, Automotive Dealers and Gasoline Service Stations (Groups 5511-5599). 5. Automotive Repair, Services, and Carwashes (Groups 7514, 7515, 7542). 6. Building Materials, Hardware and Garden Supplies (Groups 5211-5261). 7-1 7, Business Services (Groups 7311.7352, 7359 except airplane, industrial truck, portable toilet and oilfield equipment renting and leasing, 7361-7397 except armored car and dog rental, 7389 except auctioneering, bronzing, field warehousing, salvaging of damaged merchandise). 8, Commercial Printing (Group 2752, excluding newspapers), 9, Depository Institutions (Groups 6011-6099), 10, Eating and Drinking Establishments (Groups 5812, 5813). 11. Engineering, Accounting, Research, Management and Related Services (Groups 8711-8748), 12. Fond Stores (Groups 5411-5499), 13, General Mercbandise Stores (Groups 5311-5399), 14, Glass and Glazing Work (Group 1793), 15. Golf Club Facilities including Ancillary Teaching Facilities and Temporary Golf Clubhouses (Group~ 7992, 7997, 7999 ) 16, Group Care Facilities (Category I and II), Care Units, Nursing Homes and Family Care Facilities (Groups 8051 excluding mental retardation hospitals, 8052, 8059), 17. Health Services (Groups 8011-8049,8082,8093,8099), 18. Holding and Other Investment Offices (Groups 6712-6799), [9. Hotels and Motels oot to exceed 450 rooms (Groups 7011, 7021, 7041). 20. Home Furniture, Furnishing, and Equipment Stores (Groups 5712-5736), 21. Insurance Carriers, Agents and Brokers (Groups 6311-6399, 6411), 22, Lega[ Services (Group 811 [), 23, Libraries (Group 823[), 24. Membership Organizations (Groups 8611-8699). 25, Miscellaoeous Repair Services (Groups 7622-764[, 7699 except agricultural equipment repair, awning repair, beer pump coil cleaning and repair, blacksmith shops, catch basin, septic tank and cesspool cleaning, coppersmithing, fann machinery repair, fire equipment repair, furnace and chimney cleaning, industrial truck repair machinery cleaning, repair of service station equipment, boiler cleaning, linsmithing, tractor repair). 26. Miscellaneous Retail (Groups 5912-5963, 5992-5999). 27. Motion Picture Theaters (Group 7832). 28. Multi-Family Dwellings inclnding Garden Apartments. 29. Non-Depository Credit Institutioos (Groups 6111-6163). 30. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7261 except crematories, 7291.7299). 31. Real Estate (Groups 6512, 6531, 6541). 32, Resort Recreation Facilities including but oot limited to Tennis Clubs, Health Spas, Equestrian Clubs and other Recreational Clubs (Groups 7991, 7999) 33, Public Administration (Major Groups 91,92,93,94,95,96,97) 34. Recreation Services (Groups 7911, 7922, 7929, 7933, 7941, 7991, 7993, 7991, 7999) 7.2 35. Security and Commodity Brokers, Dealer, Exchanges and Services (Groups 6211 ~289), 36, Social Services (Groups 8322-8399). 37, United States Postal Service (Group 4311 except major distribution center), 38. Veterinary Services (Groups 0742, 0752 excluding outside kenneling), 39, Video Tape Rental (Group 7841), 40, Vocational Scbools (Groups 8243-8299). 41. Uses permitted under Section 3.4 of this PUD, subject to the Development Standards of Section 3.5, 42, Any other principal use which is comparable in nature with the foregoing uses (including general and professional offices not specifically listed above) and which the Development Services Director determines to be compatible in the II AC" district. B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. Customary accessory uses for hotel and motel principal uses including but not limited to shops, personal service establishments, eating or drinking establislunents, dancing and staged entertainment facilities, and meeting rooms and auditoriums where such uses are an integral part of a hotel or a motel, with common architectural standards, even jf contained in a free- standing building. Other accessory uses include. but are not limited to, recreational facilities that serve as an integral part of the permitted uses such as pool, tennis facilities, parks, playgrounds and playfields. 3. Up to 50 residential units which shall not be subject to the definition of "dwelling, multiple-family,' contained in Divisinn 6.3 of the Land Development Code may be constructed east of Airport Road within the Activity Center and the residential parcel north of and adjacent to the designated Activity Center. These residential units may be rented by the day, week, month or other rental periods determined by their respective owner/manager, which shall be either the botellocated within the activity center or the entity owning the golf resort use. Each residential unit shall constitnte and be counted as one of the 4,800 authorized residential units within the Pelican Marsh development and shall be developed in accordance with the residential development standards in Section 3.5 of this PUD Document. 4, 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 "AC" district. 7-3 7.5 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: L Front Yard: Twenty-five feet (25') minimum or one-half the building height, whichever is greater. 2, Side Yard: Fifteen feet (15'), 3. Rear Yard: Fifteen feet (15'), 4, Any yard abutting a residential parcel: Twenty-five feet (25'), 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design and subject to written approval from PMDRC, PMCnn and Collier County Development Services Department. B. Exterior lighting shall be arranged in a manner which will protect roadways and residential properties from direct glare or unreasonable interference. C. Maximum height of structures - One hundred reet (100'). D. Minimum distance between all other principal structures - Twenty feet (20'), E. Minimum distance between all other accessory structures (excluding drive-through facilities) - Ten feet (iD'), F. Minimum floor area - Seven hundred (700) square feet gross floor area on the ground floor. G. Minimum lot or parcel area - Ten thousand (10,000) square feel. H. Minimum lot width - Seventy five feet (75'). J. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Pelican Marsh Community design guidelines and standards, are to be in accordance with 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. J. The maximum density for Adult Congregate Living Facilities and other types of elderly housing shall be twenty-six (26) units per gross acre. 7-4 K. The nel platted parcel density of holel rooms per acre may exceed twenty-six (26) rooms per acre; however, the total number of hotel rooms permitted in the Activity Cenler District shall be 450. 7-5 SECflON Vlll GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments of Developer within Pelican Marsh Community, 8.2 GENERAL All facilities shall be constructed in accordance with the final site development plans, the final subdivision plats, and all applicable state and local laws, codes and regulations relating to the subdivision of the land, except where specif1cally noted or otherwise set forth in this document, or as otherwise approved by Collier County. All state and federal permits shall be effective according to the stipulations and conditions of the permitting agencies. Final master plans, final site development plans or final subdivision plats, and standards and specifications of the Collier County Land Development Code relating to the same shall apply to this project, except as otherwise set forth herein, In addition, the Master Plan and the regulations of the PUD document as adopted along with any other specific conditions or stipulations as may be agreed to in the rezone hearing before the Board of County Commissioners, shall control and be applicable to development of the subject property. The Developer. its successors and assigns. shall be bound by said documents, commitments, and stipulations. 8.3 MASTER PLAN The Master Plan, Map H-3 attached hereto as Exhibit' A" (Johnson Engineering, Inc., File No. 19991406) is an illustrative preliminary development plan. The desigu elements and layout illustrated on the Master Plan shall be understood to be flexible, so that the final design may satisfy the Developer's criteria and comply with all applicable requirements of this ordinance. The Development Servlces Director shall be authorized to approve minor changes and refInements to the Pelican Marsh Community Master Plan upon written request of the Developer. A. The following limitations shall apply to such requests: I. The minor change or refInement shall be consistent with the Collier County Growth Management Plan and the Pelican Marsb Community PUD document. 8-1 2. The minor change or refinement shall meet the criterion of Section 380.06(19)(e)2,. Florida Statutes. and shall not require a detennination and Public Hearing pursuant thereto. 3. The minor change or refinement shall not constitute a substantial change pursuant to Article 2. Division 2,7. Subsection 2.7.3.5.1. of the Collier County Land Development Code, 4. The minor change or refinement shall be compatible with adjacent land uses and shall not create detrimental impacts to abutting land uses, water management facilities, and Reserve areas within or external to the PUD. B. The following shall be considered minor changes or refinements, subject to the limitations ofPUD Section 8,3,A: 1. Reconfiguration of Reserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 2. Reconfiguration of lakes, ponds. canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County, and where there is no further encroachment into Reserve areas. 3. Reconfiguration of golf course envelopes and design features. 4. Internal realignment of rights-of-way other than a relocation of access points to tbe PUD, 5. Reconfiguration of residential parcels when there is no encroachment into Reserve areas. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are otherwise in compliance with all applicable County Ordinances and regulatio"" prior to the Development Services Director's consideration for approval. D. Approval by the Development Services Director of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without ftrSt obtaining all other necessary County permits and approvals. 8.2 8.4 POLLING PLACES Pursuant tu Article 3, Division 3,2, Section 3.2.8.3.14 of the Collier County Land Development Cnde, accommodation shall be made for the future use of building space within common areas for the purposes of acconunodating the function of an electoral polling place. An agreement between the Supervisor of Elections and the Developer was recorded in the official records of the Clerk of the Circuit Court of Collier County, and is binding upon any and all successors in interest that acquire ownership of such common areas including homeowners associations or tenants associations. This agreement provides for said corrununity recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 8.5 MONITORING REPORT An annual monitoring report shall be submitted. pursuant to Article 2, Division 2.7. Section 2,7.3.6 of the Collier County Land Development Code, 8.6 SUNSETIING This PUD is subject to the Sunsetting provision as provided in Article 2, Division 2,7., Section 2.7.3.4 of the Collier County Land Development Code, :until such time as Collier County issues a DRI Development Order for the Pelican Marsh Community. at which time the provisions of the Development Order relative to duration and effective da~ shall govern. 8.7 TRANSPORTATION A. The developer shall provide appropriate left andlor right turn lanes at all community access points to public rights-of-way at the time of construction of each access. B. The developer shall provide arterial level street lighting at all community access points to State or County public rights-of-way at the time of construction of each access. C. The developer shall provide a fair share contribution toward the capital cost of traffic signals at any community access points to a public right-of-way when deemed warranted by the County. These signals will be owned, operated and maintained by Collier County, D. Collier County and Developer entered into an Agreement dated JlIIU1ary 12, 1993, (herein tI Agreement") to address the alignment and environmental permitting for Vanderbilt Beach Road (herein IlVBR") through the Pelican Marsh Community 8-) property; and to address environmental permitting for the expansion of Gondlette- Frank Road from Immokalee Road to VBR. E. As is set forth in the Agreement, Developer is responsible for the environmental pennitting for the preferred road alignment of VBR within the Pelican Marsh Community PUD property. Pursuant to the Agreement, Developer is eligible for Road Impact Fee credits for half of their expenditures per the Agreement in obtaining environmental permits. F. Developer agrees to dedicate to Collier County the road right-of-way required for that section of VBR within the Pelican Marsh Community pun boundaries owned by Developer, upon request by Collier County, so long as that right-of-way is the aligrunent depicted on the Pelican Marsh Conununity PUD Master Plan or an alternative alignment acceptable to Developer. Developer shall be eligible for Road Impact Fee credits for this dedication pursuant to Ordinance 92-22 and Section 380,06 (16) Florida Statutes, 1992. as is further set forth in Section 8.12 hereof. The value of said right-of-way dedication shall be equal to Developer's cost of acquisition of the property. G, There are acknowledged benefits to both the County and Developer in the alignment of VBR shown on the Pelican Marsh Community PUD Master Plan. and as referenced in the Agreement and hereinafter as the "Preferred Alignment". However. there is the potential that the cost of environmental permitting, mitigation, design, and construction of the road segment in its Preferred Alignment could be more expensive than an alternative alignment within ihe area of consideration referenced in Attadunent 1 to the Agreement. If the ultimate alignment of VBR within the Pelican Marsh Community pun boundaries is the Preferred Alignment or the ultimate alignment is otherwise acceptable to Developer, Developer agrees to pay the "Differential Cost" for the segment of VBR within Pelican Marsh Community PUD boundaries, "Differential Cost" means the reasonably ascertainable additional cost of environmental permitting, environmental mitigation, design and construction of that segment of VBR within the Pelican Marsh Community PUD boundaries as compared to the total of the same cost elements for permiltable alternative alignments within the area of consideration referenced in Altaclunent I to the Agreement. Developer shaIl not be entitled to reimbursement under the Agreement or Road Impact Fee credits for the "Differential Cost" described herein. H. The cost for design, permitting, and construction of the expansion to Goodlette- Frank Road Overpass structure to expand said structure from two (2) lanes to up to six (6) lanes (as approved by the Board of County Commissioners), is the sole responsibility of the developer; and is not the responsibility of Collier County I the Pelican Marsh Community Development District, or any property owners, or property owner associations within Pelican Marsh. The Developer may elect to 8.4 apply existing impact fee credits from previous Pelican Marsh dedications or those received for the Developer's dedication of road right-of-way for the future Livingston Road (as specified in PUD Document Section 8,7 at paragraph P. below), as full or partial payment of Developer's obligation to pay for the expansion of the Goodlelte-Frank Road overpass structure. The design, pennitting and construction costs of the Goodlette-Frank Road overpass structure to meet the 2020 Financially Feasible Transportation Plan, as well as the market value of Developer's land to be dedicated for the future Livingston Road, shall be addressed in a Contribution Agreement to be entered into by and between the Developer and the County, I. Payment of Road Impact Fees shall be in accordance with the applicable ordinance as amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with lhe requirements of the Collier County Land Development Code, Division 3.15, Adequate Public Facilities. J. These transportation stipulations set forth in Section 8.7 of the PUD are not intended as a novation of the referenced Vanderbilt Beach Road Agreement; said Agreement remains in full force and effect, except to the extent certain provisions of the same may be specifically superseded by the provisions of Section 8.7. K. The developer shall build, at its cost, a Vanderbilt Beach Road buffer within the Pelican Marsh Community PUD property south of the Vanderbilt Beach Road right- of-way and north of IIickory Road right-of-way. This buffer shall include a minimum six foot berm landscaped and irrigated except where the roadway is located adjacent to Lake Bunting. Adjacent to Lake Bunting where a berm cannot be constructed due to limited width. the buffer will include canopy trees and shrubs. The buffer area will be completed prior to the opening of Vanderbilt Beach Road for public use. L. Internal access between the Pelican Marsh Community Activity Center and the Pelican Marsh Community shall be designed in a manner that provides for vehicular, pedestrian, and bicycle access to the Pelican Marsh Community Activity Center uses without requiring residents of Pelican Marsh to exit the Community. Such access may be restricted by the developer to maintain the privacy and security of the Pelican Marsh Community residents. Vehicular, pedestrian and bicycle access connections between the Pelican Marsh Community and the Activity Centers located at the Vanderbilt Beach RoadlU .S. 41 intersection and the Immokalee Road/U .S. 41 intersection shall not be required. M. No final local development orders (building pennits) will be granted for Activity Center uses until the completion of two lanes of Vanderbilt Beach Road from U.S. 41 to Airport-Pulling Road. Final Subdivision Plat applications and Final Site Development Plan applications may be submitted and approved for Activity Center 8.5 uses after commencement of construction of Vanderbilt Beach Road from Airport- Pulling Road to U,S. 41. N, The Pelican Marsh Community shall be subject to any duly adopted fair share or pro-rata funding mechanism established by Collier County to implement an area- wide pedestrian and bicycle path system. Pelican Marsh Community may be eligible for credits to be applied toward its fair share pro-rata contribution based on contributions made for the improvements to U.S. 41, Vanderbilt Beach Road, and Goodleue-Frank Road, 0, The amended Pelican Marsh Community PUD Master Plan, Map "H-3" attached as Exhibit "A" to the PUD Document, indicates the approximate location of access points to the Pelican Marsh Activity Center and indicates full access or directional access. The location of these access points is subject to change and will be finalized at the time of permitting. P. Developer agrees to dedicate (or cause to have dedicated) to Collier County the road right~of-way required for that section of proposed Livingston Road within the Pelican Marsh Community PUD boundaries. The conveyance shall dedicate all property within the Pelican Marsh Community PUD east of the FPL easement to the County and be by general warranty deed with a disclaimer as to suitability of purpose, The timing of the dedication shall be at the request of Collier County and Collier County shall be responsible for all costs of conveyance. Developer shall be entitled to impact fee credits for this dedication pursuan~ to Ordinance 92-22 and Section 380,06(16), Florida Statutes, (1995), The value of the dedicated property shall be detemlined pursuant to Subsection 2,7,2,8,1. of the LDC. 8.8 WATER MANAGEMENT A, An Excavation Permit will be required for proposed lake(s) and Pine Ridge Canal relocation in accordance with Division 3.5 of Collier County Ordinance No. 91-102 and South Florida Water Management District rules. B. A copy of a South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. C. A letter of no objection from the Collier County Utility Division stating that no adverse impacts on the percolation ability of the adjacent wastewater treatment ponds will occur as a result of the Pine Ridge Canal relocation shall be provided prior to subdivision construction plans approval or Preliminary Work Authorization, which ever occurs first. Preliminary Work Authorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994. 8-6 D. All off-site flow collection and routing facilities shall be reviewed and approved by Collier Counly Development Services Department at the time of subdivision construction plan approval. E, The fixed crest weir with emergency underflow gate which replaces the existing amil gate will be reviewed and approved by Collier County at the time of Cocohatchee Strand Restoration Plan construction plans or Preliminary Work Authorization approvaL Preliminary Work Aurhorization was approved by the Board of County Commissioners on May 20, 1993, and amended on April 19, 1994, F. As long as Collier County has operation and maintenance authority over the existing Pine Ridge Canal amil gates on Immokalee Road (CR 846), Developer or the PMCnn will pay for the design and construction costs associated with the rehabilitation of said amil gates. The rehabilitation will be limited to nonnal refurbislunent of the gates (including the bearings and access walks) and the gate seals (if required). Replacement of the gates, cradles, structures, or foundations, if required, will not be the responsibility of Developer, the PMCDD, or their assigns. Collier County will contribute $9,000.00 to the cost of design and construction. The rehabilitation shall be completed by the time the Cocohatchec Strand Restoration Plan is certified complete to South Florida Water Management District. G, Water management and canal easements conveyed to SFWMD and the County will be per the Pelican Marsh Preliminary Work Authorization as amended on April 19. 1994, H, If legally and physically possible, the PMCDD will maintain that portion of the Pine Ridge Canal off-site from the south border of the PUD to a point immediately south of the Immokalee Road amil gates. Maintenance responsibility by the PMCDD for this portion will cease at the time of final development order for the property encompassing said portion of canal. The PMCDD will not be responsible for capital improvements to the canal or improvements to make reasonable access to and along the canal possible, I. The rate of post-<levelopment stormwater discharge into the Pine Ridge Canal, Airport Road Canal and Immokalee Road Canal will be determined by SFWMD during the surface water management permitting process. 8.9 UTllJTIES A. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal subject to permitting under F,A,C, IOD-6, and may use potable or irrigation wells. 8-7 B. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal subject to permitting under F.A,C. IOD-6, and may use potable and irrigation wells. c. The project will be served by central potable water distribution, fire protection and sewage collection facilities. D. Irrigation water will be provided with a separate distribution system supplied by ansite wells, reclaimed water or other non-potable water source. E. Water distribution, sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76 (refer to agreement that approved PMCDD, Resolution #93-187), as amended, and other applicable County rules and regulations. F. PMCDD wil1 be responsible for installing potable water and irrigation water service connections to distribution mains for single family only. Use of the services will be approved. on final inspection and acceptance by Collier County. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County I s established rates. G. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's (the District) water main available and adjacent to the Community boundaries consistent with the main sizing requirements specified in the project's Utility Master Plan and extended throughout the project. During design of these facilities dead end mains shall be minimized by looping the internal pipeline network where feasible. H. 1be project's Developer(s) his assigns or successors may negotiate an Agreement with the District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery 10 the project and negotiate with the County to provide full or partia1 on-site slOrage facilities, as required by the FDEP consistent with the volume of treated wastewater to be utilized. L 1be utility construction documents for the project's sewerage system shall be prepared so that aU sewage flowing to the County's master pump station is transmitted by one (1) main on-site pump station for each sewage collection basin. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's Engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all g-g aspects of the sewerage system design can be coordinated with the County's sewer master plan. J, The existing off-site utility facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary. consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. K. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. This requirement will be waived provided a written statement is obtained from Collier County Utilities Division stating that the District has adequate facilities and capacities to serve that phase of the project at the time utility service is required. L Within the Pelican Marsh Community landscaping (including palm trees, shruhs and groundcovers), sidewalks/paths will be allowed within utility easements including placement within three feet (3 ') of a utility line. Canopy trees may be located seven feet (7') from the utility line (seven feet (1') being measured from the trunk of the tree to the centerline of the utility line). Reconstruction" of sidewalk/pathways or modification/re-installation of plant materials due to necessary maintenance of utility line will be the responsibility of the Developer its successors or assigns. M. Collier County Utilities Division shall allow the installation of potable water and irrigation water service connections to distribution mains during comtruction of the single family subdivision utilities. The installation will be scheduled upon request and payment offees by the developer, its successors and/or assigns. The installation will be in accordance with the approved plans and specifications, current policies and procedures, and performed by the developers' contractor. The contractor must be approved for the installation by the Collier County Utilities Division. Fees will be determined by the current ordinance in effect at the time of the request for connections. Reimbursement of connection fees will be rebated to the developer annually based on meter installations. N, Developer will prepare a smdy to determine the most effective and efficient means to shield the light source spill-over from the sports field lights at Veteran's Park. The study will address the approach, installation methods, costs and scheduling nf the work and will be presented to the Collier County Parks and Recreation Director for review and approval. Should the improvements be detennined by the County to 8.9 he expenses that are eligible for impact fees credits, the developer will provide the County with engineered drawings and specifications suitable for bidding by the County. Developer will pay the County the value of light shield installation and receive impact fee credit, if it qualifies under the County's Parks and Recreational Facilities Impact Fee Ordinance, for the actual cost of the work pursuant to the terms of the impact fee ordinance. 8.10 ENVIRONMENTAL A. In order to avoid repetitive review of envirorunental issues in subsequent stages of the County development approval process, the requirement for obtaining approval of an Environmental Impact Statement (EIS) pursuant to Division 3,8, Section 3,8.3 of the Collier Couoty Land Development Cnde shall he deemed satisfied for all future activities which take place wilhin the Pelican Marsh Community pun boundaries that require County permits for or County approval of development or site alteration, This provision is based upon (I) approval of the Pelican Marsh Community application for Development of Regional Impact and the Pelican Marsh Community Environmental Supplement submitted in conjunction with this Application For Public Hearing for PUD Rezone; and (2) the Pelican Marsh Community PUD EIS submitted in conjunction with the Application for Public Hearing for PUD Rewne which was approved via County Ordinance #93-27, This provision shall apply to the Developer, its successors, or assigns. B. Pursuant to Collier County Land Development Code Article 3, Division 3 .8, Section 3,8,8, the Pelican Marsh PUD EIS cited in provision 8,lO.A above shall constitute Collier County's review and approval of all environmental resources and envirorunental quality issues contained in the Pelican Marsh Conununity Application for Development of Regional Impact in so far as said issues specifically pertain to lands contained within the Pelican Marsh PUD boundaries, as deftned via County Ordinance #93-27. C. Provisions 8.10 A and B above do not relieve the Developer from providing, or foreclose the County from requesting, information relative to new or changed environmental conditions on the site relative 10 species of special status pursuant to Collier County Land Development Code Section 3.8.S.4;I.S.d. and e. D. 1be Collier County 'ST' overlay baa been eliminated and replaced by this Planned Unit Development. however all existing Collier County well field andlor groundwater protection zones shall remain in effect unless otherwise modified by Collier County. E, The Cocohatchee Straod Mitigation Bank is hereby created and incorporated into this PUD by reference. The Cocohalehee Strand Restoration Plan (WMB&P, Inc. File No, ENV-88) depicts the improvements contemplated under the Cocohalehee 8-10 Strand Restoration Program and itemizes in tabular form the Cocohatchee Strand Mitigation Bank features including mitigation ratios and available credits for impacts to Collier County jurisdictional wetlands. It is understood that changes to both the Cocohatchee Strand Restoration Program and the Cocohatchee Strand Mitigation Bank may be required by regulating agencies. If such changes cause a need to modify or revise the Cocohatchee Strand Restoration Program and Mitigation Bank as depicted on the Restoration Plan, such modifications and revisions may be administratively approved by the Collier County Development Services staff. F. In accordance with Policy 7,3.5 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, gopher tortoises shall be relocated to the "GCO" District and to the Xeric Scrub Conservation Area. Compensation for lost habitat whose extent has been approved by the Florida Game and Fresh Water Fish Commission (FGFWFC) shall be in accordance with FGFWFC policy. G. Collier County shall defer all envirorunental permitting regarding wetlands, wetland impacts, and wetland mitigation to South Florida Water Management District. The developer shall coordinate with and copy Collier County on all approved permits. 8.11 SUBDIVISION REQillREMENTS AND STANDARD DESIGN SUBSTITUTIONS Pelican Marsh Community shall be required to conform with the subdivision improvement requirements set forth in Collier County Land Development Cod.e Article 3, Division 3.2, Section 3.2.8 unless otherwise stated in this PUD. The following substitutions to the improvement standards are approved for Final Subdivision Plat requirements: A. Sidewallcslbike paths shall conform with Subsection 3.2.8.3.17 except as follows: I. Pelican Marsh Boulevard shall be considered a minor collector street and shall be required to have a sidewalk or bikepath on each side of the street. 2. All other through streets shall be considered local streets and shall be required to have a sidewalk or bikepath on one side of the street. 3, All cul-<le-sacs serving more than fifty (SO) single family lots shall be required to have a sidewalk or bilcepath on one side of the street. 4. All cul-<le-sacs serving fifty (SO) or less single family lots shall not be required to have a sidewalk or bilcepath provided the following conditions are satisfied: a, The right-{)f-way section shall include two twelve foot (12') wide travel lanes, and 8-\1 b. tbe gross density of the cul-<le-sac shall be less than two (2) units per acre. B. Private streets shall conform with the right-of-way and pavement width requirements of Subsection 3.2,8.4.16,5 except as follows: I. Cul-de-sac and local streets less than one thousand feet (1,000') in length are required to have a minimum forty feet (40') right-of-way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8,1l.Ao4 of this PUD, 2, All other cul-<le-sacs are required to have a minimum fifty feet (50') right-of- way width and two ten foot (10') wide travel lanes, subject further to the conditions of Section 8,1 LAo4 of this PUD. 3, All other local streets are required to have a minimum fifty feet (50') right- of-way and two twelve foot (12') wide travel lanes. 4. Where sidewalk design substitutions are desired per Section 8.11.AA of this PUD, cuI-dc-sac streets shall have a minimum oftwo twelve foot (12') wide travel lanes. C. Cul-<le-sacs shall conform with the reqnirements of Subsection 3,2,8.4,16,6, but may exceed a length of one thousand feel 0000'). D. Tangents between reverse curves shall not be required under Subsection 3,2,804.16.10 except on Pelican Marsh Boulevard where the requirement shall be seventy-five feet (75'). E. Street grades may exceed four percent (4%) under Subsection 3.2,8.4,16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria are met. F. Roadside slopes within private stteel rights-of-way may be allowed to a maximum of 3:1 in accordance with FOOT MUMS, page ill-35. 8.12 PINE RIDGE CANAL The existing Pine Ridge Canal within the PUD boundaries will be relocated as shown on the Pelican Marsh Community Master Plan. The design of the relocated canal incorporates features intended to fully mitigate for any impacts associated with its construction and elimination of the existing canal, and shall therefore not require the use of mitigation credits established under the Cocohatchee Strand Restoration Plan. Maintenance of the Pine Ridge 8.12 Canal and associated control structures within the boundary of the Pelican Marsh Community PUD shall be the responsibility of the PMCDD. 8.13 DEDICATIONS All dedications of property or facilities for a public purpose, whether by easement or deed, may, at Developer's option, contain a condition limiting the use to said public purpose. In addition, said dedication, at Developer's option, may contain a reverter clause in the event the public purpose use is discontinued or not commenced within a reasonable time period. The "reasonable time n will be agreed to between the developer and the grantee at the time of the dedication, it being the intent of the grantee to have sufficient time to commence the use of the dedication. 8.14 PELICAN MARSH COMMUNITY SCHOOL SITE The Pelican Marsh Community School Site as shown on the PUD Master Plan shall be subject to the following standards and restrictions: A, Permitted Use 1. The school site shall only be improved for and used as a school for school purposes. B. Building Setback Lines, Size of Building and Building Height 1. The minimum setback of any structure (including temporary, accessory and portable structures) from a property line or right-of-way line shall he twenty- five (25) feet on tbe northern and western property lines and fifty (50) feet on the eastern and southern property lines. 2. No principal strocture of any kind shall exceed three (3) stories in height and accessory stroclUres shall he limited to a maximum of twenty (20) feet in height. The maximum height of any strocture shall be measured as sel forth in the Collier County Land Development Code. C. Landscaping 1. All areas not covered by strocwresl walkways or paved parking facilities shall be reasonably maintained and irrigated as lawn or landscape areas to the pavement edge of any abutting streets, to the property line andlor to the location required by South Florida Water Management District of any abutting lakes. canals or water management areas. No stone, gravel or paving of any type shall be used as a lawn. All required lawns and 8.13 landscaping shall be complete at the time of completion of the structures evidenced by the issuance of a certificate of occupancy by the appropriate govermnental agency. D, Signs I, Any sign installed in. on or placed within the School Site shall be no larger than ten (10) feet in length by five (5) feet in height. Lighting of any sign may be fluorescent uptight from grade. No neon or colored lighting is allowed. All sigru; must also conform with the Collier County Land Development Code. E. Exterior Lighting I, All exterior lightiag for the school buildings shall be for the expressed purpose of safety and security only and shall use fixtures, light source, installation and control techniques to contain light within the School Site and eliminate or minimize light spillage into or onto adjacent properties. There shall be no nighttime lighting of athletic or recreational playing fields or courts or playgrounds within the School Sileo F. Outdoor Equipment I, All garbage and trash containers, oil tanks, bottled gas tanks, swimming pool equipment and housing and sprinkler pumps 'and other such outdoor equipment must be underground or placed in walled-in or sight-screened, fenced-in areas so that they shall not be readily visible. 2, For structures at the maximum building height, all vents, stacks, and mechanical equipment of any nature aod type, and other such outdoor equipment located on roof areas shall be sight-screened so that they shall not be readily visible from adjacent propenies. 3. All active sports areas incloding baseball, soccer, basketball, football, etc., shall be setback twenty-five (25) feet from the easterly aod southerly propeny lines. 8.15 NOTIFICATION OF PROXIMITY TO COUNTY FACILITY Developer shall include the following Notice in its sales contracts with purchasers within PMC who are acquiring an interest in real property for residential purposes from Developer located within 500 linear feet of the closest boundary of the County's Wastewater Treatment Plant parcel on Goodlelle Road: 8.14 "This is to notify you that the property you are acquiring is loca\ed within 500 linear feet of the property boundary of Collier County's Wastewater Treatment Plant. This notification is made at the request of Collier County. " The above notification will no longer be required when and if the County adopts an ordinance or regulation addressing the subject; provided however that Developer shall comply with the requirements of said ordinance or regulation. where applicable. F:\usersWalarie\wp8\pelican marsh touchstone\misc\pud final120l99.wpd 8.15 . lei i ~ ~y <<1 ~ I; l!~ ~ II i ~." ~ ~ 'c " E E o o fii '- '" :::; c .. ,~ Qj (L 'f ~ ~ ~ ':I ':i ':i 1/ ':i ':i ~ ii :;; i ~ ~ ; ~ ; 11 . I J ; ~! I" ~ <ol I iI i 1I I' I' } 1"1 : I ! lll~ I d:il ! Ii! ~h " .;:t IJ _ 000 OOOOg s I- lij STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 99-90 ~~~ ~, ~ ~ co '" 6i\. N C> "'1l Which was adopted by the Board of County CommisBio~erB the 14th day of December, 1999, during Regular Session. t;;,..,; 1'1......, rn-' ~ c .- .-n-; -"-" l";UJ 9 WITNESS my hand and the official seal of the Board ~ L> 0-1 _ . _r-l County commissioners of Collier County, Florida, this 15tu'day of J m a December, 1999. Bllie Hoffman, Deputy Clerk . ocr. 'trEll "Boii~ ORDINANCE 99- 6 9 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 060102 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS FOREST GLEN OF NAPLES PUD, FOR PROPERTY LOCATED ON THE SOUTHEAST QUADRANT OF CR-951 AND DAVIS BOULEVARD (SR-84) IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 635:t ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-39, AS AMENDED, THE FORMER FOREST GLEN OF NAPLES PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS. Karen Bishop of Project Management Services of Naples. Inc., representing Ronto Golf Estates, Inc., 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 COMM3SSJONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE. The Zoning Classification of the herein described real property located in Section 2, Township SO 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 numbered 060102, as described in Ordinance Number 9J-I02, lbe Collier County Land Development Code, is hereby amended accordingly. i~ ~~ ~ \_,", ....0 SECTION TWO. ~:~ ~ Ii t,.;;;. - -.= Ordinance Number 98-39, as amended, known as lbe Forest Glen of Naples P~ ad~t.[JllI r'\::> :!2 ~"I' May 26, 1998 by lbe Board of County Commissioners of Collier County, is hereby~ea~ itQ!J g-l .. . ~~ 0 ~rr~. ~~ ~ SECTION THRRR. 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 .l'a.nI~ay of ~""r-e"'2 ,1999. ATTEST: DWIGHT E. BROCK, Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA . ~"..r'.~ ~-"-. :>l.r. . \ . . Attutls to Chlfl'lllft'S . . .5\~1I4turl only. . Approved as to F ann and Legal Sufficiency BY: P WOMAN ~';. 1n.,fr.ndl,d- MaIj De M. Student Assistant County Attorney Tr;~ Oldir'(lnrf' f' 1 ",:", ~l <'~;K:"t(j:\' ',.' ~",_.::;.'_: (.:;, "a, l'l ao!':'i" Ok-\-.....I 'lq '._ '.,,-1..'.';.,.,: ,:'---.'-.t,~:.: ~i~'g~;~~ / l,).,."-,1y,-,,,,1, ORDINANCElPUD-88-Q6(2) -2- FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Ronto GoIr Estates, Inc. 3185 Horseshoe Drive S. Naples, FL 34104 PREPARED BY: PMS, INC. OF NAPLES 2335 T AMIAMI TRAIL NORTH SUITE 408 NAPLES, FL. 34103 \RIECEiVED Ii, I; \ ! --------------.. P IJ n 8 fl- 0 6(i ) DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL I EXHIBIT "A" INDEX PAGE List of Exhibits and Tables ii Statement of Compliance iii SECfION I Property Ownership, Legal Description and Short Title J.J SECllON II Project DeveIopment 2.1 SECllON III Residential Development Areas 3.1 SECllON IV Golf Course I Open Space 4.1 SECllON V Preserve District 5.1 SECllON VI Commercial District 6.1 SECTION VII General Development Commitments 7.1 LIST OF EXHIBITS AND TABLES TABLE I TABLED Planned Unit DeveJopmeot Master Plan Land Use Summary Development Standards EXIDBIT"A~' ii STATEMENT OF COMPLIANCE The development of approximately 635 acres of property in Collier County as a Planned Uoit Developmeot to be known as Forest Glen of Naples PUD will be in compliance wilb lbe goals, objectives, and policies of Collier County as set forfu in lbe Collier County Growth Management Plan. Forest Glen of Naples is a mixed commercial residential golf course community with associated recreational uses and will be consistent with the applicabIe eIements of the Collier Growth Management Plan for lbe following reasons: I. The property iocJudes lbe entire soulbeast quadrant of lhe C.R. 951 and Davis BouIevard (S.R. 84) Interchange Activity Center, which accommodates lbe planned ten (10) acres of commercial land uses. The remaining six hundred and twenty-five (625) acres of project area wilbin Section 2, Township 50 South, Range 26 East, lies within lbe Urban Residential Fringe Subdistrict, which makes these lands eligibIe for a 1.5 unit per acre density, or 938 units. This residential development density eligibility is substantially greater than the planned 799 units or 1.26 units per acre. 2. The ten (10) acres of project area wbich lie witbio lbe Interchange Activity Center are planned for mixed commercial, retail, transient lodging and professional offices, as indicated to be appropriate by the Future Land Use Element. 3. The subject property's location in relation to existing or proposed cpmmunity facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. 4. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5. Improvements are pIanned to be in compliance wilb appllcabIe sections of lbe Collier County Land DeveIopment Code as set forth in Objective 3 of lbe Future Land Use EIement. 6. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.I.H and 3.J.L oflbe Future Land Use Element 7. The project deveIopment is planned to protect the functioning of natural drainage featureB and natural groundwater aquifer recharge areas as described in Objective 1.5 of lbe Drainage Sub-Element of the Public Facilities Element 8. AU final local development orden for this projoct are subject to Division 3.1 S. Adequate Public Facilities, of lbe Colller County Land Development Code. iii SECTION [ PROPERTY OWNERSmP & GENERAL DESCRIPTION 1.1 PURPOSE The purpose of tbis Section is to set forth the location and ownership oflbe property, and to describe the existing conditions of the property proposed to be developed under the project name of FOREST GLEN OF NAPLES. 1.2 LEGAL DESCRIPTION All of Section 2, Township 50 South. Range 26 Bast, Iess the property previously condemned or conveyed for right-of-way located in Collier County, Florida consisting of approximately 635 acres. 1.3 PROPERTY OWNERSmP The subject property is owned by Ronto GoIf Estates, Inc. , 3185 S. Horseshoe Drive, NapIes, Horida 34104. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is bordered on the west by C.R. 951, on the north by S.R. 84, on the east by Toll Plaza RV Resort PUD and on the south by undeveloped agricultural land. B. The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development", 1.5 PHYSICAL DESCRIPTION A. The project lies within Soulb Horida Water Management District No.6. Drainage from lbe property will discharge into Henderson Creek via the C.R. 951 Canal. B. Water Management for lbe project will be designed and CODStnJcted in order to introduce project stormwater ruooff to wetland areas in an attempt to help restore historic water retention and preserve areas. c. Blevationa within tho project lito ranlo from 8.8 to 11.0 foot abovo moon H8 levol. MOlt of tho area. however, falll witbin the 9.7 to 10.9 foot of elovation cato8ory. The entirety of tho lito Ii.. wilbin Hood Zooe "X" according to Finn Map #120067 0425 D dated June 3, 1986. D. Soil types wilbin the project include Keri fine I80d (approximately 50%). Cypresl Swamp (approxlmately 48%) ond CharIotte fine I80d (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Horida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.1 1.6 PROJECT DESCRIPTION The Forest Glen of Naples PUD is a mixed use commercial, residential and golI conrse commnnity with a maximum of 799 dwelling units and 10 acres of commercial. Recreational facilities including a golf course and clubhouse will be provided in conjunction wilb the dwelling units. CommerciaI, Residential and Recreational land uses are designed to be harmonious with one another in a natural setting by using common architectural themes, appropriate screening and buffering and open space. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "FOREST GLEN OF NAPLES PLANNED UNIT DEVELOPMENT ORDINANCE". 1.2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of lbis Section is to generally describe lbe project plan of development, relationships to applicable County ordinances, the respective Iand uses of lbe tracts included in the project, as well as other project relationships. 2.2 GENERAL A. Development of Forest Glen of Naples shall be in accordance with the contents of the Planned Unit Development document and applicable sections of lbe Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order. such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization, to which such regulations relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in lbe County Land DeveIopment Code shall apply. B. Unless olberwise noted, the definitions of all terms shall be lbe same as lbe definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for lbe development of lbe Forest Glen of Naples PUD shalI become part of the regulations which govern the manner in which lbe PUD site may be developed. D. Unless modified, waived or excepted by tbls PUD, the provisions of the LDC, where applicable, remain in full force and effect wilb respect to lbe development of the land which comprises this PUD. B. Development permitted by the approval of thia petition will be IUbject to CODC1II1'OOO)' reviow under the provisions of Division 3.IS, Adequate Public FoeIlitles, of the we at the eorlieat or next to occur of eilber final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.1 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including Iayoul of streets and use of land for lbe various tracts, is illustrated by Exhibit" A", lbe PUD Master Plan. The nature and extent of land uses within lbe project are indicated on Table I. The specific location and size of individual tracts and lbe assignment of dwelling units thereto shall be determined at lbe time of detailed site development planning or platting. B. The final size of lbe 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. FOREST GLEN OF NAPLES LAND USE SUMMARY TABLE I MAXIMUM LAND USE INTENSITY SUMMARY USE MAX. D.U.'s I Sonare Footaee ACRES Commercial "e" 100,000 1O:t Residential "R" 799 I70:t Golf Course 7O:t Open Space NI A 385 :t (Lakes, Landscape Buffers, Preserve & Recreatiooal areas) Total 635 acres 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Record Plat, ancIIor Condominium Plat for all or part of the PUD, flnaI plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance wilb lbe PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. B. Exhibit "A", the PUD Master Plan, constitutes lbe required PUD Development Plan. Subsequent to or concurrent with PUD approval. a Preliminary Subdivision Plat. if applicable, shall be submitted for !be entire area covered by lbe PUD Master Plan. Any division of property and lbe development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2.2 C. The provisions of Division 3.3 of lbe CoIlier County and Development Code, when applicable, shall appIy to lbe deveIopment of all pIatted tracts or parcels of land as provide in sald Division prior to the issuance of a building permit or other development order. D. The development of any tract or parceI approved for residential development contemplating fee simple ownership of Iand for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land DeveIopment Code prior to the submittal of construction plans and a finaI pIat for any portion of lbe tract or parcel. E. UtiIity, road, public, private, easements shall be established as required during !be SDP and/or plat approval process. F. Appropriate instrumeots will be provided at lbe time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. 2.5 MODEL HOMES I SALES OFFICES Model homes, sales centers and other uses and structures related to !be promotion and sale of real estate such as, but not limited to, pavilions. viewing platforms, gazebos, parking areas. tents, and signs, shall be permitted principal uses throughout Forest Glen of Naples PUD .subject to the requirements of Section 2.6.33.4 of the Collier County Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to lbe PUD as provided in !be Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Common area maintenance will be provided by !be Master Property Ownen;' Association. The Association is a legitimate alternative for !be timely and sustained provision of quality common area infrastructure and maintenance under lbe terms and conditions of a County developments approval. For those areas not maintained by lbe Master Association, !be Developer bas created Property Owners' association(s), or condominium association(s), whose functions sha1\ include provision for Ibe petpetnaI maintenance of commoo facilities and open spaces. The Master or !be Property Ownen;' association, as applicable. shall be responsible for !be operation. maintenance, and management of the surfaco water and lIonnwater manag_IIYSIAlmI, and "'_ servInJ Porest Glen of NaplOl PUD. lOietber willi any appllcable permits from Florida Depar\n1el1t of Bnvlronmenlal _tlon, U ,So Anny Corps of Engineers, and South Florida Water Management District. 2.3 2.8 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit Development District is intended to encourage ingenuity, innovation and imagination in lbe planning, design and development or redeveIopment of relatively large tracts of land under unified ownership or control, as set forth in the Collier County Land Development Code. Section 2.2.20.2.3. The applicant has not set "stages" for the development of !be property. Since lbe property is to be developed over an estimated teo (10) year time period, any projection of project development can be no more tharan estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic faclors. 2.9 GENERAL PERMITfED USES Certain uses shall be considered general permitted uses tbroughout lbe Forest Glen of Naples Community PUD except in the Preserve District. General pennitted uses are those uses which generally serve the Developer and residents of Forest Glen of NapIes PUD and are typically part of lbe common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under the Collier County Land Development Code. Section 2.6.9.1. 2. Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or olber architectural or structural bank treatments. 5. . Guardhouses, gatehouses, and access control structures. 6. Communlty and neighborhood parks, recreational facilities, communlty centers. 7. Temporary constructlon, sales, and admlnlstratlve offices for the Developer and Ihe Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. 8. Landscape feature& including, but not Iimited to, landscape buffen, berms, fences and walls shall be in accordance wilb lbe Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. 9. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director detennines to be compatible. 2.4 . B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: I. Setback from back of curb or edge of pavement of any road - Fifteen feet (IS') except for guardhouses. gatehouses, and access control structures which shall have no required setback. 2.' Setback from exterior property lines - One half (1/2) the height of lbe structure, minimum of tweuty feel (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Sidewalks, bikepalbs, and cartpaths may be placed wilbin County required buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking, landscaping, signs and olber land uses where such standards are not specified herein, are to be in accordance wilb lbe Collier County Land DeveIopment Code in effect at the time of Site Development Plan Approval. 2.10 OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 375 acres included In the Recreation, Golf Course, Landscape/Open Space, Lakes and Preserve District designations. These areas fully satisfy lbe open space requirements of Section 2.6.32 of lbe Collier County Land DeveIopment Code. 2.11 NATIVE VEGETATION RETENTION REQUIREMENTS Twenty FIVe Percent (25%) of the viable natunllly functioning native vegetation on site shall be preserved. 2.12 LANDSCAPING REQUIREMENTS A. A perimeter berm shall be in conformance wilb Section 2.4.4 of lbe Land Development Code. I. Trees and shrubs shall be planted along lbe base of the berm so as to vlsually soften lbe appearance of lbe side of tbe benn. 2.5 2. Ground cover on the side of be berm shall form a dense attractive mat, and shalI not require mowing. 3. Trees shall be a minimum of75% native species. 4. Shrubs shall be a minimum of 35% native species. 2.6 SECTION m RESIDENTIAL ''R'' DEVELOPMENT AREAS 3.1 PURPOSE The purpose of lbis section is to establish land use regulations and development standards for lbe residential development tracts designated on Exhibit "A", the PUD Master Plan as "R". 3.2 MAXIMUM DWELLING UNITS The maximum number of dwelling units pennitted wilbin lbe PUD is 799. The subject property contains a gross acreage of 635 acres and base density of 1.26 dwelliog units per gross acre. 3.3 GENERAL DESCRIPTION Areas designated as "R" on lbe PUD Master Plan are designed to accommodate a full nmge of residential dwelling unit types. compatible nonresidential 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. Thls acreage is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Division 3.3 and Division 3.2, respectively, of the Collier County Land DevelOpment Code. Residential tracts are designed to acconunodate internal roadways, open spaces, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. 3.4 USES PERMITTED A. PrinciDal Uses I. Single-famiIy detached dweIling units. 2. Single-family pallo and zero lot IiDe dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-fami1y and duplex dwelling.. 5. Multiple-family dwellings. 6. Any other principal use which I. comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. 7. Fire Station Front yard - minimum 20' 3.1 Side yard - minimum 5' Front yard - minimum 20' B. Accessorv Uses 1. Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Co1lier County Land Development Code. 3.: Common area recreational and utilitarian facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director detennines to be compatible in the "R" District. 3.5 DEVELOPMENT STANDARDS A. Table IT sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-5 apply to platted parcel boundaries. C. Standards for parking. landscaping. signs and other land uses where such standards arc not specified herein or within the Forest Glen of Naples PUD, are to be in accordance with 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. D. Development standards for uses not specifically set fortb in Table II shall be established during the Site Development Plan Approval as set forth in Division 3.3 of lbe Land Development Code in accordance with those standards of the zoning district which is most similar to the proposed use. E. Off street park:ing required for multi-fllmily uses shall be accessed by parl<ing aisles or driveways which are separate from any roads whlch serve mono !ban ooe development. A gteen space area of nolless lban ten feet (10') in width as measured from pavement edge to pavement edgelhall separate any park:ing aisle or driveway from any abutting road. F. Single-family patio and zero lot line dwellings are identified separately from single-family detaChed dwellings wilb conventional side yard requiIemenll to distinguish tbese types of residences for the purpose of applying the development standards under TabIe II. Patio and zero lot line dwellings shall be defined as any type of detached slogle family structure employing a zero or reduced side yard as set forth herein. G. Housing strocture types including lot orientation for single-family detached housing such as zero lot line versus non-zero lot line orientations may not be mixed. 3.2 TABLE n FOREST GLEN OF NAPLES COMMUNITY DEVELOPMENT STANDARDS FOR "R' RESIDENTIAL AREAS SINGLE PATIO & TWO FAMILY SINGLE FAMILY MULTI- PERMlTIED USES FAMILY ZERO LOT AND DUPLEX ATIACHEDAND FAMILY AND STANDARDS DETACHED LINE TOWNHOUSE DWELLINGS Category 1 2 3 4 5 Minimum Lot Area 6,5ooSF 5,000 SF 3,5ooSF 5,000 SF 1 Ac Minimum Lot Width *s 50' 40' 35'.4 40' loo' Minimum Lot Depth Ioo' loo' Ioo' loo' loo' Front Yard 20' .3 20' -3 20' *) 20' .) 20'.3 Side Yard 5 o or 5' ol6 Oor S' OocS 15' Rear Yard IS' IS' IS' t5' IS' Rear Yard .. 5' 5' 5' 5' 5' Rear Yard Accessory 10' 10' 10' 10' IS' Maximum Building 35 feet 35 feet 35 feet 35 feet 50 feel ., Height *2 Distance Between Principal Structures and 10' Oor 10' Oor 10' Oor 10' 20' Accessory Structures Floor Area Min. (S.F.) 1000 SF 1000 SF 1000 SF 850 SF 750 SF ADdlstaDClIiIlftlareetaDleaodtenrlJeDGted. *1-....,....... prtDcIpIl aH .....,-lVacblnll..lotI... thdI wtdda.t pIl~ lake. opea..... or pnla"t'c--" SeIbeck I'rum lake for aD prtDd... ad acceaor]' Del 11I1)' he O' pnnidlDl RdIltectarat buk 1m:bDealllllDeorpcrnled loto deIIp ad nabJtd to wrlUm apprcrn1 from Projed -......... I'roDt ,.rdllbd III: IDeInI1lCI .. fuUowr. A. U tMi pu'CIlII.....ed bJ. pHlk rtpI4-wI1.111d1Kk ...~............. .....HIon1..... B. Jrdle pln:eJ. 1I.rned IIJ. prfva1e roM, Ittbuk II _nd hili... back oIaarb (II curbecQ ar.....,........ or_ mrbld). ~~ B...... belpt dl.o be die ftltklIIlUIluce __ fram U. ftnIubl&llble IbIIIbed lIooreieYaUollIo....1IppU'IIIOIt tIaIaW cdIIIl ~at.. -- It) _ SbaJll-fudl .II: MaJtI.fuDIIJ .... III:IIItI wIddl protide for 2 perldal .,.. wIthba .. IIIdONd ..,... ... ph'" proride ror ..... ,.tda. eIIIer .baa I. printe drlftWafl: 1IlII)' reduce Ole troat,.rd reqalremnl to I" for the prqe.. .4 _ EadI bllJrul. dllplex ..It requlrel a lot ... 8IIoca&Joa 0(3,.501 SF for a UJUI mlDJmlllD lot ara on,toO S.F. .5. MlpbDa........ 'fI'IdOl_y be rtldpced b)' 20.. for tal.....c kJCs pnnided &be IIIIbWDam lot area requlremmt It ..lalal.ed. ., . Zero reel (8') OJ' . mlnl...u" of Dye red (5') IIIG e1l11er tide aapt lbat wilen 1M zero feet (0') rani optioall ullUr.ed, lb. oppadle aide alU. dnIctUn Ihlll' h."e a lea root (10') yant. Z<<o reet (0') yank mlY be..... CKI both dda ora Ilracture provided that die oppoAte leD root (10') yard Ie pnn'ided, u:cept Ibal "berenr a zero (0) Ildtyard Is eslllblbbed aD ~el1llJ p1all1 or.u the IwlD tile plat lIbo1rin. buDdbl. ea"eIopes lOr an oftM loti _U be mbmltled to Ibe Customer ServIces DeplIrtmCDllo cnmfe fhllt a IpldD' orlea red (10') bdwftll5tnlcturab malDlldDed. .7 . BuRdlll1 &d-bacU for drodures oye.. JS feet La hcllb'llWl be 1 DO fed; from aDl perimeter bouDdaQ'. 3.3 SECTION IV GOLF COURSE, OPEN SPACE 4,1 PURPOSE The purpose of lbis Section is to set forth lbe uses permitted and development standards for the Golf Course Open Space tracts. The primary function and purpose of lbese tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas authorized for development, all good quality native trees and shrubs shall be protected and preserved wherever practicable. 4.2 PERMITTED USES AND STRUCTURES No building or structure, Of part thereof, shaH be erected, altered or used, or 'and or water used, in whole or in part. for other than the following: A. Permitted Principal Uses and Structures I. GoIf courses and golf club facilities, including temporsry golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance areas, maintenance buildings. essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment pIants, utility pumping facJlties and pnmp buildings, utility and maintenance staff offices. 5. Public administrative facilities. 6. Open space uses and structures such as, but not limlted to, boardwalks, nature trails, bikeway., landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness tralls and shelters. 7. Any other principal U80 wblch Is eompsrablc In nalUre with tho fOlClloina _ and whicb the Planning Services Department Director dotenninos to be compatible. 4.1 B. Permitted Accessory Uses and SllUctures I. Accessory uses and sllUctures customarily associated with lbe principaI uses permitted io this district 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to. golf, tennis, and recreational related sales. 4. Restaurants, cocktaillouuges, and similar uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis courts, swimming pooIs, and all olber types of accessory facilities intended for outdoor recreation. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.3 DEVELOPMENT REGULATIONS A. Principal sllUctures shall be set back a minimum of twenty feet (20') from Golf Course I Open Space District bouodaries and private roads, and twenty.five feet (25') from all PUD boundaries and residential tracts. B. Accessory sllUctures shall be set back a minimum often feet (10') from Golf Course I Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be ammged in a manner which will protect roadwaya and residential propertles from direct glare or unreasonabIe interference. D. Maximum height of sllUctures I. Principal SllUctures - 2 stories or Thirty feet (30'). 2. Acceuory SllUcIureI - I story or Fd'tecn feet (IS'). E. Minimum distance between principal sllUctures - Ten feet (10'). F. Minimum floor area - None required. G. Minimum Iot or parcel area - None required. 4.2 H. Parking for the community center/clubhouse shall he three spaces per every one lbousand (1,000) square feet of gross floor area, which shall he considered inclusive of the required golf course parking. I. Standards for parking, landscape, signs and olber land uses where such standards are not specified herein, are to he in accordaoce wilb Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless olberwise indicated, required yards. heights, and floor area standards apply to principal structures. 4.3 ~ SECfION V PRESERVE DISTRICT 5.1 PURPOSE The purpose of lbis Section is to identify permitted uses and development standards for areas within Forest GLen of Naples Community designated on the Master PLan as Preserve District. 5.2 GENERAL DESCRIPTION Areas designated as Preserve on the Master Plan are designed to accommodate a full range of conservation and limited water management uses and functions. The primary purpose of the Preserve District is to retain viable naturally functioning wetland and upland systems, to allow for restoration and enhancement of impacted or degraded wetland systems, and to provide an open space amenity for the enjoyment of Forest Glen of Naples Community residents. 53 USESPERNUTTED No building or strucmre or part thereof, shan be erected altered or used, or land used, in whole or in part, for other than the following, subject to Regional, State and Federal pennits when required; A. Principal Uses 1. Parks, passive recreational areas, boardwalks. 2. Biking, hiking, and nature trails. 3. Golf cart and Equestrian paths. 4. Wildlife sanctuary. 5. Pathways and or bridges, subject to appropriale approvals by permltting agencies. 6. Recreational shelters and restrooms, in Preserve upland areas. 7. Drainage, water management, and utilitarian facilities, subject to all nccdcd pennits. 8. Any olbcr occeuory DIle whleh is comparable in nature wllb lhc forcgoinS Utel and which lbe Planning Services Department Director determines to be compatible. 5.1 5,4 DEVELOPMENT STANDARDS A. Setback requirements for all stroctures shall be in accordance with Section 3.2.8.4.7.3, of lbe Collier County Land Development Code. Rear yards for principal and occessory stroctures on lots and tracts which abut a golf course, Iake, non-jurisdictional open space or native vegetation preservation areas may be zero feet (0') except lbat an architectural bank treabnent shall be incorporated in to design. B. Lighting facilities shall be arranged in a manner which will protect roadways and residential prQperties from direct glare or unreasonable interference. C. Maximum height of slroctures - Twenty five feet (25'). D. Minimum dislar1ce between principal slroctures - Ten feet (10'). E. Minimum distance between accessory structures - Five feet (5'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. H. Standards for parking, landscaping, signs and olber Iand uses where such Slar1dards are not specified herein or within adopted Forest Glen of Naples Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development PIan Approval. UnIess otherwise Indicated, required yards, heights, and floor area slar1dards appIy to principal slroctures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-aclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.S.4.7.3 for lands included in the Preserve District. In addition to Colller County, a non-exc1usive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District Iands. In addition to complyinS with provisions of the Collier County Land DcveIopment Code, said easement sholl be provided in accordance wIth the tennI ..,t forth in any applicable pennlt granted by other "8enciea. '!be developer, ill succeuor(.) 01' _Ip, the MaalAlr Property Owners' Association shall be respoosible for control and maintenance of lands within the Preserve District. 5.2 SECfJON VI COMMERCIAL DISTRICT 6.1 PURPOSE The purpose in this Section is to identify the commercial uses and development standards applicable to tracts designated on Exhibit" An as Commercial. 6.2 USES PERMITTED The following uses, as identified wilb a number from lbe Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to permitted uses. I. Unless otherwise provided for in lbis Section, aU permitted uses of lbe C-2 Commercial Convenience District, Section 2.2.13 of the Collier County LWld Development Code. 2. Apparel and Accessory Stores (groups 5611-5699). 3. Auto and Home Supply Stores (5531). 4. Business Services (groups 7311, 7313, 7322-7338, 7361-7379, 7384, 7389 except auctioneering service, field warehousing, bottle labeling, packagiog and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). 5. Eating Places (5812 only). All establishments engaged in lbe retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of Sec. 2.6.10). 6. Depository Institutions (groups 6011-6(99). 7. Drinking Places (5813 excluding bottle clubs). All establishments engaged in the retaiI sale of alcoholic beverages for on-premise consumption are subject to lbe locational requirements of Sec. 2.6.10). 8. Food Stores (groups 5411-5499 except no roadside sales). 9. Depository Institutions [groups 6021 - 6062 (Commercial Banks, Savings Instibltioos, and Credit Unions)). 10. GasoIine Service Stations (group 5541), as described In Section 2.6.28 of lbe Collier County Land Development Code. II. General Merchandise Stores (groups 5311-5399). 6.1 12. Group Housing, excluding Family Csre Facilities, subject to Sec. 2.6.26 of the Collier County Land Development Code. 13. Home Furniture, Furnishing, and Equipment Stores (groups 5712-5736). 14. Heallb Services (groups 8011- 8049, 8082). 15. Hotels and Motels (group 7011). 16. Insurance Agents, Brokers, and Services (group 6411). 17. Legal Services (group 8111). 18. Membership Organizatioos (groups 861 1-8699). 19. Miscellaneous Repair Services (groups 7629-7631). 20. Miscellaneous Retail (groups 5912-5932 except pawnshops and all uses dealing with secondhand merchandise, 594 I -5999). 21. Motion Picture Theaters, except drive-io (7832). 22. Paint, GIass, and Wallpaper Stores (5231). 23. Personal Services (group 7212 Dry cleaning and laundry pickup stations only, 7215, 7217, 7219- 7261 except crematories, 729 J). 24. Professional Offices, Medical Offices, and Management Consulting Services (group 87 I 1 - 8748). 25. Puhlic AdrninislIation (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 26. Real Estate Agents and Managers (group 6531). 27. Travel Agencies (group 4724). 28. United States Postal Service (4311 except major distribution centers) 29. Veterinary Services (groups 0742, excluding outside kenneling). 30. Video Tape Rental (7841). 31. Any other general connnercial use which is comparabIe in oature wilb the foregoing uses. 6.3 PERMITI'ED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associated with the uses permitted in this District. 6.2 B. Essential services and facilities. 6.4 DEVELOPMENT STANDARDS A. Principal structures shall be set back a minimum of fifty feet (50') from Golf Course \ Open Space, Residential pun boundaries, private and public roads. B. Accessory structures shalI set back a minimum of ten feet (10') from Golf Course \ Open Space bouudaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts and public roads. C. Lightiog facilities shall be arranged in a manner which wlll protect roadways and residential properties from direct glare and unreasonable interference. D. Maximum height of structures - Fifty feet (50'). E. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). F. Minimum distance between all other principal stnlctures -l'fone. or a minimum of ten feet (10') with unobstructed passage from front to reat yard. G. Minimum distance between all olber accessory structures - Ten feet (10'). H. Minimum floor area - None required. 1. Minimum lot Of parcel area - None. required. J. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein are to be in accordance wilb lbe Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless olberwlse indicated required yards, heights, and floor area standards appIy to principal structures. K. All building&, Ughtin,. .Ignaga, landacapln, ODd vialble lIrobI_ InfrIlItructure Iball bo> architectural1y and ae.thetlcaJly unified, and thall comply wlth the Architectural and Site Delip GuidellllCl and Standardl of the Land Development Code. Said unified architectural theme thall include: a similar architectural desip and UBe of similar material. and colors tbrou,hout all of the buildings, signs, and walls to be =led on the site. Landscaplns and SIl'eOl8Cape material. shall also be similar in de.ip tbrou,hout the site. All buildlnp ,ball be primarily fInlllhed In light colors except for dccorBtive trim. All roofs must be tile or metal and sball be lines on flat roofs, where tile or metal roofs are not feasible. A conccplu8! design master pIan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 6.3 SECITON VB GENERAL DEVELOPMENT COMMITMENTS 7.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 7.2 GENERAL All facilities shalI be constructed in strict accordance wilb Fmal Site Development Plans, Final Subdivision PIats, and all applicable State and local laws, codes, and regulation applicable to this PUD. Except where specifically noted or stated otherwise, lbe standards and specifications of the Land Development Code, Division 3.2 shall apply to lbis project even if the land within lbe PUD is not to be platted. The developer. his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow lbe Master Plan and the regulations of lbe PUD as adopted, and any olber conditions or modifications as may be agreed to in lbe rezoning of lbe property. In addition, any successor or assignee in title. is bound by the commitments within this agreement. 7.3 PUD MASTER PLAN A. Exhibit "A", lbe PUD Master PIan,l1lustrates the proposed developmeot and is conceptuaI in nature. Proposed tract, Iot or Iand use boundaries or speclalland use boundaries, shall not be construed to be specific and may be adjusted during lbe platting or site deveIopment plan approval process. Subject to lbe provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure lbe continued operation and malntenance of all service utilities and all common areas in lbe project. C. The following shall be considered minor changes and refinements, subject 10 the Ilmitalion. of PUD Section 7.3A: 1, Reconfiguratlon of preserve areas, juriadlctlonal wetllllld limits, IIIId mitigation fea_ as a result of regulatory agency review. 7.1 2. Reconfignration of lakes, ponds, canals, or other waler management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where lbere is no further encroachment into preserve areas. 3. Recoofiguration of golf course envelopes and design features. 4. Internal realignment of rights-of-way olber lban a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. 7.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. Initiation of construction on lbe Forest Glen of Naples project is contemplated in calendar year 1998 with completion of the golf course and project infrastrocture anticipated to occur in calendar year 1998/1999. Marketing of commercial and residential sites and golf course memberships begin in calendar year 1998, and is expected to be concluded in caleodar year 2008. B. Monitoriog Report An annuaI monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 7.5 POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreemeot shall be recorded in lbe official records of lbe Clerk of lbe Circuit Court of Collier County. which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium association. homeowners associations. or community recreation I public buildings I public rooms or similar common facilities to be used for a polling place if delermlned to be necessary by the Supervisor of Elections. 7.6 SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS A. Sidewalks I bike paths shall confonn wilb Subsection 3.2.8.3.17 of the LOC. B. Privale streeta .ball confonn with the right-<>f-way widlb requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: I. Cul-<1e-sacs and Incal streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way widlb and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. 2. All other cul-de-sacs are required to hsve a minimum of forty feet (40') right-<>f-way width and two Ien foot (10') wide navel lanes as required by Subsection 3.2.8.4.16.5. 7.2 3. All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot (10') wide lraveI Ianes as required by Subsection 3.2.8.4.16.5. 4. Cul-de-sacs may exceed a lenglb of one lbousand feet (1000') per Subsection 3.2.8.4.16.6 of the Land Development Code. 5. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. 6. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided lbat applicable Florida Department of Transportation, Manual of Uniform Mioimum Standards (FOOT MUMS) and AASHTO criteria are met. 7. LDC Subsection 3.2.8.3.19: The standard lbat street name markers shall be approved by the Development Services Director and conformance with U.S.D.O.T.F.H.W.A.M.U.T.CD. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance wilb U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. 8. LDC Subsection 3.2.8.4.16.8: The minimum back of curb radii for interoal roads shall be 30 ft. with the exception of both entrance road inters~tions which shall be 40 ft. 7,7 TRANSPORTATION The development of lbis PUD Master Plan shall be subject to and govemed by lbe following conditions: A. The Developer shall provide, consistent wilb Ordinance 82-91, left and right turn Ianes on C.R. 951 and S.R. 84 at all project entrances to residential areas prior to the issuance of any certificate of oc<;upancy. The Developer sludl provide turn lanes and a median opening at approximately one-half mile south of lbe intersection of C.R. 951 and S.R. 84 prior to lbe issuance of any certificate of occupancy. Access to lbe commercial parceI via old S.R. 84 shall incorporate turn lanes for both eastbound and westbound movements along with collector road improvements to S.R. 84 between lbe access poinl and C.R. 951. The collector road improvements whlch may be neceaallIy include road widenlng and application of asphalt friction lurf_. Tho Developer ohaIl bear lbe cost of needed C.R. 951 inlenection modifications on a fair shore basis. All such improvements to old S.R. 84 sludl be on a fair share hasis with lbe Developer of lbe Toll Oatc Commercial PUD. B. The Developer sball provide a fair shore contribution toward the capital costs of any traffic signals necessary at project accesses when deemed wlUTlUlted by the County Engineer. The signals shall be owned, operated, and maintained by Collier County. The Developer sludl provide arterial level street lighting at all project accesses prior to the issuance of any certificate of occupancy for a building accessed from a project entrance. 7.3 C. Since future six Ianing is projected for C.R. 951, and since such road improvements may require relocation of the existing canal to the east, an additional drainage casement may be necessary to be dedicated to the County along C.R. 951 wilb a maximum widlb of up to 50 feet (50') based on actual or conceptual road plans. 1be dedication of easement to lbe County will be of no additionaI cost to the County. Use of !be drainage easement can be shared for bulb on-site water management and future road drainage when deemed necessary by Collier County. 7.8 UTILITIFS The developmeol of lbis PUD Master Plan shall be subject to and governed by lbe following conditions: A. Water distribution, sewage collection and transmission lines to serve lbe project are to be designed, constructed, conveyed, and/or owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and olber applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with lbe County's established rates. c. The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: I. Dead-end mains shall include dead-end flushing hydrants. 2. Stubs for future system interconnection wilb adjacent properties shall be provided to lbe property lines of !be project at locations to be mutually agreed to by lbe County and lbe DeveIoper during the design phase of the project. D. A water distribution system shall be constructed tbroughout !be project development hy lbe developer pursuant to all current requirements of Collier Connty and !be Slate of Florida. Water facilities constructed within platted rights-of-way or within utility easements as set fortb in Collier County Ordinance 97-17, shall be conveyed to the County WalJ:z/Sewer District for owuenblp, opotallon ami D1llIntenance. All water facWlI.. ""uatructed on private proporty Iltd not requlred by !be County to be located within utility ....menU sbaD be owned, operated ami maintained by !be developer, his assigns or successors. B. All construction plans and technical opecifications and proposed piaU, if applicable, for !be proposed water system must be reviewed and approved prior to commencement of construction. F. The developer shall, at his cost, extend lbe 12" force main which presently terminates at Naples Heritage to a poiot just Soulb of SR 84. Said main shall be capped. 7.4 G. A sewer distribution system shalI be conslructed tbroughout lbe project development by lbe developer pursuant to all current requirements of Collier County and the State of Florida. Sewer facilities conslructed wilbin pIatted rights-of-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the Couoty WaterlSewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by !be County to be located wilbin utility easements shall be owned, operated and maintained by the developer, his assigns or successors. H. All conslruction plans and technical specifications and proposed plats, if applicable, for lbe proposed sewer system must be reviewed and approved prior to commencement of conSb1Jction. 7.9 ENVIRONMENTAL The development of this PUD Master PIan shall be subject to and governed by lbe following conditions: A. Environmental permitting shall be in accordance wilb lbe State of Florida Environmental Resource Permit RuIes and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easerneots on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.7.3 of lbe Collier County Land DeveIopment Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance wilb lbe State of Florida Environmental Resource Pennit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas wblch shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for lbe site, with emphasis on !be conservation/preservations areas, shall be submltted to Current Planning Environmental Review Staff for teview and approval prior to final site pJan/COOSlruction plan approval. I B. Petitioner sha1l comply with the guidelines and rccommendationsof the U.S. Fish and WIldlife Service (USFWS) and Florida Game and Fresh Wa/er Fish Commission (FOFWFC) tegardlng potential impacts to protcclcd wildlife species. WbeIC protected species 8IC observed on site, a Habitat Management Plan for those protected species shall be submitted to CUrrent Planning Environmental Staff for teview and approval prior to fina1 site pIan/construction plan approval. 7.5 . .. 7.10 ENGINEERING A. Detailed paving, grading, site drainage and utility plans shall be submitted to lbe Plannlng Services Director for review. No constructlon permits shall be issued unless and until approvaI of lbe proposed construction in accordance wilb lbe submitted plans is granted by lbe Plannlng Services Director. B. Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those set forth in Division Three (3). c. The developer, and all successors in interest to lbe developer, are hereby placed on notice lbat lbey shall be required to satisfy lbe requirements of all County development ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including Site DeveIopment Plans and any olber application that will result in lbe issuance of a final or local development order. 7.11 WATER MANAGEMENT A. Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction io accordance wilb the submitted plans is granted by Planning Services Director. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of lbe Collier County Land Development Code. C. Landscaping shall nOl be placed withln the water management areas unless specifically permitted by lbe Collier County Land Development Code. D. An excavation permit shall be required for the proposed 1akc in accordance with Division 3.5 of the Land Development Code and South Florida Water Management District Rules. 7.U PLANNING A. Pursuant to Sectlon 2,2.25.S.1 of the Land Development Code, if during the course of site clearinS, excavation or other constructlon activIty a hiatoric or archaeological urtlfact Is found, all development withln the minimum llI10ll necessary to protcclthe discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 7,13 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously wilb or following the constructlon of the principal structure except that temporary sales buildings, trailers, marketing facilities, contractor's 7.6 - storage and office facilities and lbe like, may be erected and utilized during the period of project developmenl and l1IlIIketing. Such temporary buildings shall be removed upon completion of lbe marketing or construction activity which they are accessory to. 7.14 SIGNS I. General A. All county sign regnlations shall apply unless such regulations are in conflict wilb lbe conditions set forth in this section. B. For lbe purpose of lbis PUD Document/Ordinance, each platted pBICeI shall be considered a separate parcel of land and shall be entided to any sign as permitted herein. c. Should any of lbe signs be requested to be placed wilbin the public right-of-way, a right-of-way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. 2. Entrance SiQt1s A. Two (2) signs wilb a maximum area of 40 square feet each or one (I) sign wilb a maximum area of 100 square feet shall be pennitted at each entrance of the deveIopment. B. Entrance signs shan not exceed a height of fifteen (15) feet above the finished ground level of the sign site. C. Entrance signs may be lighted provided all lights are shielded in a manner whlch preveots direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. 3. Proiect Sims A. Project signs, de8lpled to promolo POI'CII Glen of Napl.. project, or any major UIO w1tb1n the project abaJI be pemdlled a1cms the eul llde of CR. 951, the ooutb llde of SR 84 and on all land tracts wilbin Forest Olen of Naples limits subjecl to lbe following conditions: I) Project signs Iha!I not exceed I belgbl of !weill)' (20) foel above !be fIulobed ground level of lbe lign lite nor may the overallln8 of the lip face exceed 011O hundred (100) square feet. 2) A maximum of four (4) project signs shall be permitted. Two (2) signs shall be located along SR 84 frontage and two (2) shall be located along CR 951 frontage. The location of such signs shall generally be limited to a one-half mile spacing requirement unless existing vegetation requires a somewhat closer spacing.:t 10%. 7.7 .. c 3) Project signs may be lighted provided a1I lights are shielded in a manner which prevents direct glare into lbe vision of drivers using lbe adjacent streets or going into adjacent residences. 7.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parklng areas shall be in accordance wilb !be Division 2.4 of lbe Collier County Land Development Code in effect at lbe time of building permit application. 7.16 PROVIS~ON FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stockpiling in prepllI8tion of water management facilities or other water bodies is hereby permitted. If it is demonstrated lbat fill activities on lbose buildable portions of the project site are such that there is a surplus of earthen material, then its off~site disposal is also hereby permitted subject to !be following conditions: A. Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 35 of lbe Land Development Code whereby off-site removal shall be limlted to ten percent (to a maxlmum of 20,000 cubic yards) of lbe total volume excavated unless a commercial excavation permit is received. B. All olber provisions of sald Division 35 are applicable. 7.8 '. "-_...r t a, . a -. , I. a. !1 , H U e e < < ~ ~ : i ~ ill I " J.. n~!O ~ </11 m ~ g ~i1 ~ ~ ~ i ~ ! ~ Ii EXHIBIT "A" (/) W --.I o...Z <(<( Z--.l 0... LI- 00::: W Zl- w(/) --.1<( c..?::?: 1-0 (/):J Wo... 0::: o LI- I I , I . I STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twent~h ~ r-~ ;.p Judicial circuit, Collier County, Florida, do hereby certify t~~t~ :r:-t J.-"'4" tflp~. UJ <f>-z:. "'-< -<> 17'0 :S -:"1....... lU) .x;: "'_\ ~:~ ~ Which was adopted by the Board of County Commissioners on ~ foregoing is a true copy of: -n - \ rn o ORDINANCE NO. 99-69 12th. day of October, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County commissioners of Collier County, Florida, this 13th day of October, 1999. DWIGHT B. BROCK ",,,""l,!I"',,,,,,,,/ Clerk of Courts and Clerk ..... (:tS(,i(Sl~;-tZ I.~. ~~~~~~i~~~~~8~~~~eS of /~~'<~~A~il~;~I~:,:<~~~\ %~~~~ ';~~~ii:~~!) Olde Cypress Lots Abutting the Preserve . No Encroachments 0 Encroachments < 5' . Encroachments> 5' Data: 35 out of 52 homes (67%) honor the 25' preserve setback 15 out of 52 homes (29%) encroach less than 5 feet 2 out of 52 homes (4%) encroach more than 5 feet :", '{r. 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