Ordinance 99-31 ORDr CE NO. 99-
~ O~~CE ~E~G O~~CE ~ER 91-102 THE
COLLIER CO~TY L~ DEVELOPMENT CODE ~ICH
~CL~ES ~E CO~~NS~E ZO~G ~G~ATIONS FOR
THE ~CO~O~TED ~A OF COLLIER CO~Y, FLORA
BY ~~G THE OFFICI~ ZO~G ATLAS M~S
~BE~D 06108 ~ 0615; BY C~G~G THE ZO~G
CLASS~ICATION OF ~E HE~ DESC~BED ~ PROPERTY
FROM "P~" TO "P~" PLOD ~T DEVELOPMENT ~O~
AS THE CL~ ESTA~S, A ~SIDENTI~, S~GLE F~ILY~:f
DEVELOPMENT, FOR PROPERTY LOCATED ON THE ~ST SIDE~
OF ISLE OF C~ RO~ (C.R. 95 1), ~PROXIMATELY O~ MIL~.~'
NORTH OF ~TTLESN~ H~MOCK RO~ (C.R. 864) ~:.~:-~
SECTION 10, TO~SHIP 50 SOUTH, ~GE 26 EAST, COLLIE~9
CO~Y, FLO~DA, CONSIST~G OF 255~ AC~S; PROV~~c~
FOR T~ ~PE~ OF O~~CE ~BER 89-70, THE FO~E~
CASA DEL SOL GOLF ~ CO~RY CL~ P~ (P~-89-11~;''~'~
A~ PROVID~G FOR ~P~ OF O~~C~ ~BER 97-69,
THE FOYER THE CL~ ESTATES P~ (P~-97-9); ~ BY
PROVID~G ~ EFFECTIVE DATE.
WHEREAS, David Farmer of Coastal Engineering Consultants, Inc., representing Club
Estates, Lic. (Charles Benton, Principal), 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 10,
Township 50 South, Range 26 East, Collier County, Florida, is changed f~om "PUD" to "PUD"
Planned Unit Development in accordance with the Club Estates PUD Document, attached hereto
as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered
06105 and 0615, as described in Ordinance Number 91-102, the Collier County Land
Development Code, are hereby mended accordingly.
SECTION TWO:
Ordinance Number 89-70, known as the Casa Del Sol Golf and Country Club PUD
(PUD-89-11), adopted on October 24, 1989 by the Board of County Commissioners of Collier
County, and Ordinance Number 97-69, known as The Club Estates PUD (PUD-97-9), adopted on
November 4, 1997 by the Board of County Commissioners of Collier County, are both hereby
repealed in their entirety.
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ,///,~-,b day of ~, 1999.
-, ~..:, ~,, ii ~ :"0 t BOARD OF COUNTY COMMISSIONERS
,,.'. ':: '~ ' ' "2~:,'.? .;: ~'~i~ COLLIER COUNTY, FLORIDA
'ATTEST: ~' ': :',:: i ~'" '
: "' ' BY:
, LA S. MAC'K/E, CH RWOMAN
D.(VIGHT:E: BROCK,
st nature "oh i: 'T
~4i~PROVED X~ O FORM
AND LEGAL SUFFICIENCY This ordinance ,~.~o.d wi+h the
Secretary o{ S',c.?,~'s Of{ice the
MAi~JOI~E M. STUDENT of ~~
ASSISTANT COUNTY ATTORNEY
PUD-98-21 ORDINANCE
-2-
THE CLUB ESTATES
A PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING THE CLUB ESTATES A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
PREPARED FOR:
THE CLUB ESTATES, L.C.
4141 ISLE OF CAPRI ROAD
NAPLES, FLORIDA 34114
PREPARED BY:
COASTAL ENGINEERING CONSULTANTS, INC.
2800 SOUTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
CEC FILE NO. 98.127
AMENDED JUNE 18, 1998
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE NUMBER 97-69
AMENDMENTS AND REPEAL
Exhibit "A"
TABLE OF CONTENTS
PAGE
LIST OF EXHIBITS AND TABLE i
STATEMENT OF COMPLIANCE ii
SECTION I PROPERTY OWNERSHIP AND DESCRIPTION
SECTION H PROJECT DEVELOPMENT REQUIREMENTS
SECTION IH LOW DENSITY RESIDENTIAL AREA PLAN
SECTION IV COMMONS AREA PLAN
SECTION V CONSERVATION/PRESERVE AREA PLAN
SECTION VI DEVELOPMENT COMMITMENTS
LIST OF EXHIBITS AND TABLES
EXHIBIT A PUD Master Plan
EXHIBIT B Typical Lot Plan
STATEMENT OF COMPLIANCE
The development of approximately 254.6 acres of property in Collier County, as a Planned Unit
Development to be known as THE CLUB ESTATES will be in compliance with the goals,
objectives and policies of Collier County as set forth in the Growth Management Plan. The
residential and recreational facilities of THE CLUB ESTATES will be consistent with the growth
policies, land development regulations, and applicable comprehensive planning objectives of each
of the elements of the Growth Management Plan for the following reasons:
Residential Project
1. The subject property is within the Urban Residential Land Use Designation as
--- identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and
Policy 5.3 of the Future Land Use Element
2. The subject property's location in relation to existing or proposed community
facilities and services permitS the development's residential density as required in
Objective 2 of the Future Land Use Element
3. 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.
4. Improvements are planned to be in compliance with the Land Development Code as
set forth in Objective 3 of the Future Land Use Element.
5. The project development will restfit 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. The project development is planned to incorporate natural systems for water
management in accordance with their natural functions and capabilities as may be
required in forthcoming regulations required by Objective 1.5 of the Drainage
Sub-Element of the Public Facilities Element.
7. The Planned Unit Development includes open spaces and natural features which are
preserved from future development in order to enhance their natural functions and to
serve as project amenities.
8. The projected gross density of 0.19 d.u. per acre is in compliance with the Future
Land Use Element of Growth Management Plan based on the following
relationships to required criteria:
Base density: 49 d.u.
Project area: 254.6 Acres
49 d.u./254.6 Ac = 0.19 d.u./Ac.
Density allowed = 3 d.u./Ac.
ii
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and to
describe the existing conditions of the property proposed to be developed under the project
name of THE CLUB ESTATES.
1.2 LEGAL DESCRIPTION
~-- The subject property being 254.6 acres, is described as:
The South one half of the South one half of Section 10, Township 50 South, Range 26 East,
Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right-
of-way and/or Utility Easements, as appear in those certain deeds and instruments recorded
at O.R. Book 1952, Page 2219.
and
commencing at the northeast comer of Section 15, T50S, R26E, Collier County, Florida;
thence along the North line of said Section 15, S87°37'14"W 100.16 feet to the West right-
of-way line of CR-951 for a PLACE OF BEGINNING; thence along said West of right-of-
way line S00°51'53"W 892.87 feet; thence S87°43'59"W 4870.63 feet to the West line of
said Section 15; thence along said West Section line N00°15'23"W 882.49 feet to the
Northwest comer of said Section 15; thence N87°37'14"E 4888.46 feet to the place of
beginning, containing 99.33 acres more or less.
1.3 PROPERTY OWNERSHIP
The subject property is currently under the ownership of Richard K. Bennett, as successor
Trustee of Land Trust 5385, the Club Estates L.C., and NATIONSBANK of Maryland,
N.A. and Stephen M. Savage, as Co-Trustees of residuary Trust C under the will of Bernard
M. Savage.
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
The project site is located in the South 1/4 of Sectionsl0 and 15, Township 50 South,
Range 26 East. Generally, the project is located on the west side of CR-951 approximately
one mile north of Rattlesnake Hammock Road. The zoning classification of the original
155.8 acre property prior to the date of the original PUD Ordinance approval was Rural
Agricultural. The zoning classification of the additional 99.33 acre property prior to the
date of approval for this PUD Ordinance Amendment was PUD, Casa Del Sol, Ordinance
No. 89-70.
I-1
1.5 PHYSICAL DESCRIPTION
The undeveloped property is south of Naples National Golf Course development, east of the
Naples Heritage Golf Course community, northeast of the Wing Park South subdivision,
north of undeveloped land and west of CR-951. The project is located in the C-4 Canal
Drainage Basin.
The average existing elevation is 9.5 NGVD with specific spot elevations ranging from 8.3
to 10.4 NGVD. The depths to bedrock in the area varies from some four (4) feet to more
than twelve (12) feet. All of the site is in Flood Zone X according to Firm Maps 120067
0605E and 120067 0415D.
The soil types on the site include Pinecla fine sand (approximately 75%), Boca fine sand
(approximately 20%) and Chobee (approximately 5%). Soil characteristics were derived
from the Soil Survey of Collier County, Florida, issued by the U.S. Deparlment of
Agriculture (Soil Conservation Service) in March 1954.
1.6 PROJECT DESCRIlrrION
The completed project will be a private gated community consisting of 49 residential lots, a
common tennis recreation area and two interconnected lakes in northem area and three
interconnected lakes in the southern area. The lots and lakes will be located on both sides
of the perimeter access road. Each lot will have a penanent concrete block or stone
retaining wall surrounding the lot and driveway.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "THE CLUB ESTATES PUD."
I-2
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project plan of
development, relationships to applicable County ordinances, the respective land uses of the
tracts included in the project, as well as other project relationships.
2.2 GENERAL
Regulations for development of THE CLUB ESTATES shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other applicable
sections and parts of the Collier County Land Development Code and Growth Management
Plan in effect at the lime of building permit application. Where these regulations fail to
provide developmental standards, then the provisions of the most similar distdct in the
County Land Development Code shall apply.
Unless otherwise noted, the definitions of all terms shall be the same as the definitions set
forth in Collier County Land Development Code in effect at the time of building permit
application.
All conditions imposed and all graphic material presented depicting restrictions for the
development of THE CLUB ESTATES shall become part of the regulations which govern
the manner in which the POD site may be developed.
Unless modified, waived or excepted by this POD, the provisions of any other sections of
the Land Development Code, where applicable, remain in full force and effect with respect
to the development of the land which comprises this POD.
Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or
next to occur of either final SDP approval, final plat approval, or building permit issuance
applicable to this development.
2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
The project Master Plan, including layout of streets and use of land for the various tracts, is
iljustrated graphically by Exhibit "A", POD Master Development Plan. There shall be
approximately six (6) land use tracts, plus necessary water management lakes and street
fights-of-way, the general configuration of which is also iljustrated by Exhibit 'A'.
II-1
TRACt DEVELOPMENT TYPE UNITS/S.F. AREA
L SINGLE FAMILY LOTS 49 79.7 AC
T COMMON AREAfi'ENNIS CEN'IEK 4,000 S.F. 0.gAC
CA CONSERVATION AREA N/A 108.5 AC
O LAKES AND CONSERVATION AREA N/A 48.2 AC
R R.OADS/RIOHT-OF-WAY N/A 17.2 AC
TL TURN-LANE N/A 0.1 AC
TOTAL 254.6 AC
Areas iljustrated as lakes by Exhibit 'A' shall be constructed as lakes or, upon approval,
parts thereof may be constructed as shallow, intermittent wet and dry depressions for water
retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same
general configuration and contain the same general acreage as shown by Exhibit 'A'.
Minor modification to all tracts, lakes or other boundary may be permitted at the time of
Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions
of Sections 3.2.6.3.5 and 2.7.3.5 respectively, of the Collier County Land Development
Code or as otherwise permitted by this PUD document.
In addition to the various areas and specific items shown in Exhibit "A", such easements as
necessary (utility, private, semi-public, etc.) shall be established within or along the various
Tracts as may be necessary.
2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
A maximum of 49 single family residential dwelling units, shall be constructed in the
total project area. The gross project area is 254.6 acres. The gross project density,
therefore, will be a maximum of 0. 19 units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Subdivision Plat, for all or part of the PUD, final plans
of all required improvements shall receive approval of the appropriate Collier
County governmental agency to insure compliance with the PUD Master Plan, the
Collier County Subdivision Code and the platting laws of the State of Florida.
B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan.
Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if
applicable shall be submitted for the entire area covered by the PUD Master Plan.
Any division of property and the development. of the land shall be in compliance
with Division 3.2 of the Collier County Land Development Code, and the platting
laws of the State of Florida.
II-2
C. The provisions of Division 3.3 of the Collier County Land Development Code when
applicable shall apply to the development of all platted tracts, or parcels of land as
provided in said Division prior to the issuance of a building permit or other
development order.
D. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be required
to submit and receive approval of a Preliminary Subdivision Plat in conformance
with requirements of Division 3.2 of the Collier County Land Development Code
prior to the submittal of construction plans and a final plat for any portion of the
tract or parcel.
E. Appropriate instruments will be provided at the time of infrastructttral
improvements regarding any dedications and methods for providing perpetual
maintcnnnce of common facilities.
2.6 MODEL HOMES AND SALES FACILITIES
Model homes/model home centers including a sales center shall be permitted in conjunction
with the promotion of the development subject to the following:
A. One "wet" and three "dry" models may be constructed prior to recording of a plat.
Location is limited to future, platted single family lots. Permits for all models must
be applied for by project owner.
B. The models permitted as "dry models" must obtain a conditional certificate of
occupancy for model purposes only. The "wet" model may not be occupied until a
permanent certificate of occupancy is issued.
C. The model ("wet model") utilized as "sales offices" must obtain approval by and
through the Site Development Plan process.
D. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and
accepted by Collier County as sufficient for building permit issuance. Said metes
and bounds legal descriptions must meet proposed plat configurations and all
models constructed pursuant hereto shall cortform to applicable minimum square
footages, setbacks, and the like as set forth herein.
E. Access shall be provided to each "dry" model from the "wet" model. Access shall
be for pedestrian traffic only, no paved mad will be allowed. Access to the "wet"
model shall be provided by a paved road or temporary driveway and shall have a
supporting parking lot.
F. Sales, marketing, and administrative functions arc permitted to occur in designated
"wet" model homes within the project only as provided herein.
II-3
G. The "wet" model may be served by a temporary utility system with ultimate
connection to the central system. Interior fire protection facilities in accordance
with NFPA requirements are required unless a permanent water system is available.
A water management plan must be provided which accommodates the runoff f~om
the model home, parking, access road/driveway and other impervious surfaces. The
system shall be designed and constructed so that it is integrated with the master
system for the entire development.
2.7 AIVIE~~S TO PUD DOC~NT OR PUD MASTER PLAN
Amendments may be made to the PUD as provided in the Collier County Land
Development Code, Section 2.7.3.5.
2.8 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA
MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest to all of the subsequent
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instrim'tents for the establishment of a
Property Owners' Association whose function shall include provisions for the perpetual
care and maintenance of all common facilities and open space subject further to the
provisions of the Collier County Land Development Code, Section 2.2.20.3.8.
1I-4
SECTION III
LOW DENSITY RESIDENTIAL AREA PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for areas
designated on Exhibit "A" as Tract "L", Low Density Residential.
3.2 MAXIMUM DWELLING UNITS
For the purpose of this section low density residential is defined as 4 or less dwelling units
per acre on the tract(s) allocated to this purpose.
The maximum number of low density dwelling units allowed within the PUD shall be as
follows:
Tract "L" 49
Total 49
3.3 USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or part, for other than the following:
A. Principal Uses:
1. Single Family Dwelling Unit
2. On-site sewage treatment plant/facilities (see Section 3.5)
B. Accessory Uses:
1. Customary accessory uses and structures, including private garages.
2. Common recreation arnenities.
3. Detached Guest Houses
4. Commercial Excavations
III-1
3.4 DEVELOPMENT STANDARDS
A. GENERAL:
All yards and set-backs shall be in relation to the individual lot boundaries, except
as otherwise provided.
B. MINIMUM LOT AREA: 20,000 square feet.
C. MINIMUM LOT WIDTH:
The minimum lot width measurement shall start approximately 50 feet back from
the right-of-way and shall not include the narrow driveway potion of the lot.
1. Comer Lots - 100 feet
2. Interior Lots - 100 feet
D. MINIMUM LOT FRONTAGE:
1. 30 feet, measured at the right-of-way line.
E. MINIMUM YARDS:
It is anticipated that the residential lots will be uniquely shaped and that no lots will
share a common lot line. Each lot will be separated by a Common Area buffer
averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0')
feet is justified. Please see the Typical Lot Plan, Exhibit "B".
1. Front Yard: 50 feet from Right-of-Way.
2. Side Yard: 0 feet
3. Rear Yard: 0 feet
4. Front yard setbacks shall be measured as follows:
(a) If a lot or parcel is served by a public or private right-of-way,
setback is measured from the adjacent right-of-way line, even if the
lot or parcel is "T" or flag shaped.
(b) If a lot or parcel is served by a non-platted private drive, setback is
measured from the back of curb or edge of pavement.
(c) If a lot or parcel is served by a platted private drive, setback is
measured from the road easement or property line.
III-2
F. MINIMUM FLOOR AREA:
1. 3,000 square feet
G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY
STRUCTURES:
1. 10 feet
H. OFF-STREET PARKING AND LOADING REQUIREMENTS
As required by Division 2.3 of the Collier County Land Development Code in effect
at the time of building permit application.
I. MAX/MUM HEIGHT:
1. Principal Structure - 50 feet and 3 stories above the minimum base flood
elevation.
2. Accessory Slructure - 35 feet and 2 stories above the minimum base flood
elevation.
3.5 SPECIAL USE
A portion of Tract "L" may be used as the temporary location of a sewage treatment plant
and oxidation/evaporation pond if a the County treatment and collection system is not
available to serve the project. At such time as the treatment plant is discontinued, all of
Tract "L" shall be utilized for single family development as provided for by this Section.
A. DEVELOPMENT STANDARDS
1. MINIMUM YARDS: Structure - Fifty (50) feet from sewage treatment
plant parcel boundary. Ponds - 20 feet from sewage treatmere plant parcel
2. LANDSCAPED BUFFER REQUIREMENTS: Twenty (20) feet
landscaped buffer pursuant to the planting and opacity requirements of
Division 2.4 of the Land Development Code.
3. MAXIMUM HEIGHT: Thirty (30) feet.
III-3
SECTION IV
COMMONS AREA PLAN
4.1 PURPOSE
The purpose of this Section is to set forth the development plan and development standards
for the area(s) designed as Tracts "O" and "T", Commons Area/Conservation Area on the
PUD Master Development Plan, Exhibit "A". The primary function and purpose of these
Tracts will be to provide aesthetically pleasing open areas and recreational facilities. Except
in areas to be used for water impoundment and principal or accessory use areas, all natural
trees and other vegetation as practicable shall be protected and preserved.
4.,~ USES PERMITTED
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
1. Lakes.
2. Open Spaces/Nature Preserves (Conservation Area).
3. Pedestrian and bicycle paths or other similar facilities constructed for
purposes of access to or passage through the commons areas.
4. Small docks, piers or other such facilities constructed for purposes of lake
recreation for residents of the project.
S. Tennis courts, shuffle board courts, swimming pools, and other types of
facilities intended for outdoor recreation.
6. Commercial Excavations.
7. Central Refuse Area (Tract T1 Only).
B. Accessory Uses:
1. Clubhouse and other customary accessory uses for tennis facilities, or other
recreational facilities.
2. Small enclosures or other structures constructed for purposes of
maintenance, storage, recreation or shelter with appropriate screening and
landscaping.
IV-1
4.,3 DEVELOPMENT REGULATIONS
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structm'es, location of access streets and location and treatment of buffer areas.
B. Buildings shall be setback a minimum of fifty (50) feet abutting residential districts
and a landscaped and maintained buffer shall be provided.
C. There shall be no setback requirements for Tract "T" (tennis center) due to the
isolated nature of the tract. Structures shall comply with the SFWMD and ACOE
D. Lighting facilities shall be arranged in a manner which will protect roadways and
neighboring properties from direct glare or other interference.
E. A site development plan meeting all of the Development Regulntions shall be
required in accordance with Section 2.5 of this PUD document.
F. MAXIMUM HEIGHT:
1. Principal Structure: 30 feet.
2. Accessory Structure: 30 feet.
G. ~ OFF-STREET PARKING AND LOADING
No off-street parking is required for Tract "T" (tennis center). Access to the
facilities will be by pedestrian, bicycle or golf cart, all of which will utilize a raised
boardwalk for ingress-egress. No automobile traffic is anticipated.
4.4 OFF-SITE REMOVAL OF EARTHEN MATERIAL
The excavation of earthen material and its stock piling in preparation of water management
facilities or to otherwise develop water bodies is hereby permitted. After consideration of
fill activities on those buildable portions of the project site there will be a surplus of earthen
material. Therefore, its off-site disposal is also hereby permitted subject to the following
conditions:
A. Commercial excavation activities shall comply with the definition of a "commercial
excavation" pursuant to Division 3.5 of the Land Development Code. A
Commercial Excavation Permit pursuant to Division 3.5 of the Land Development
Code must be obtained.
B. All other provisions of said Division 3.5 are applicable.
IV-2
SECTION V
CONSERVATION/PRESERVE AREA PLAN
5.1 PURPOSE
Conservation/Preserve Area- The purpose is to preserve and protect native vegetation and
naturally functioning habitat in their natural state.
5.2 USES PERMITtED
No building or smlc~ or part thereof, shall be erected altered or used, or land used, in
whole or in part, for other than tl~ following, subject to regional state and federal permits
when required;
A. Principal Uses:
1. Open Spaces/Nature Preserves.
2. Lakes as shown on the PUD master plan.
3. Small docks, piers or other such facilities constructed for purposes of lake
recreation for residents of the project, subject to appropriate approvals by
penTfitting agencies.
4. Boardwalks subject to appropriate approvals by permitting agencies.
5. Perimeter security fences or privacy walls may be eight feet high and will be
placed in areas with the least impact to the conservation areas, such as along
the private road which is the most disturbed or in areas of least impact to
native plants and naturally functioning habitats.
6. Native vegetation landscaping.
7. Permitted mitigation activities.
V-1
SECTION VI
DEVELOPMENT COMMITMENTS
6.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the
development of the project.
6.2 GENERAL
All facilities shall be constructed in strict accordance with Final Site Development Plans,
Final Subdivision Plans and all applicable State and local laws, codes, and regulations
applicable to this PUD. Except where specifically noted or stated otherwise, the standards
and specifications of Division 3.2 of the Land Development Code shall apply to this project
even if the land within the PUD is not to be platted. The developer, his successors and
assigns shall be responsible for the commitments outlined in this document.
The developer, his successor or assignee, shall agree to follow the Master Plan and the
regulations of the PUD as adopted, and any other conditions or modifications as may be
agreed to in the rezoning of the pwperty. In addition, any successor or assignee in title is
also subject to any commitments within this agreement.
63 PUD MASTER PLAN
Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in
nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be
construed to be final and may be varied at any subsequent approval phase such as final
platting or site development plan application. Subject to the pwvisions of Section 2.7.3.5 of
the Land Development Code, amendments may be made from time to time.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the
project.
6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET
PROVISION
A. Infrastructure: It is the developer's intent to conslxuct the first phase of infrastructure
for the single family lots within two (2) years from the date of approval of the PUD
Ordinance.
VI-1
B. Recreational Facilities: By the time building permits for 50% of the residential
units are issued, the developer agrees to have constructed the two (2) tennis courts in
the location shown on the PUD Master Development Plan. No facilities shall be
decHeated to Collier County. Any additional recreational facilities, as may be
needed by the future residents of this project, shall be funded through a system of
revenues collected by the Homeowners' Association. The Homeowners'
Association By-Laws shall include a provision that the creation of a Capital
Improvement Fund is mandatory, and every property owner in the development
shall become a member of the Homeowners' Association.
C. Monitoring Report: An annual monitoring report shall be submitted pursuant to
Section 2.7.3.6 of the Collie County Land Development Code.
D. Sunset Provisions: All PUD's shall be subject to the Sunset Provisions of Section
2.7.3.4 of the Land Development Code.
6.5 SUBSTITUTIONS TO DESIGN STANDARDS FOR SUBDIVISION
REGULATIONS
Substitutions to design standards to Division 3.2 of the Land Development Code shall be
made part of a concurrent application for Preliminary Subdivision Plat approval.
6.6 TRANSPORTATION
The development of this PUD Master Plan shall be subject to and govemed by the
following conditions:
A. Access from CR 951 shall be consistent with the County's Access Management
Policy, Resolution 92422, as mended.
B. Tum lanes in accordance with Ordinance 93-64, as mended, shall be required as a
component of the construction plan/final plat approval for the first development
phase. They must be completed prior to preliminary acceptance of the Phase One
subdivision improvements.
C. Nothing in any zoning approval shall operate to vest any right to a median opening
in this project.
D. The developer shall be responsible for the installation of arterial level street lighting
at the project entrance as a component of the construction plan/final plat approval
for the first development phase. They must be completed prior to preliminary
acceptance of the Phase One subdivision improvements.
VI -2
E. Substantial competent evidence shall be provided by the developer to the effect that
the project is designed to provide capacity and trealrnent for historical roadway
runoff. In addition, site drainage shall not be permitted to discharge directly into
any roadway drainage system.
F. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as mended,
and shall be paid at the time building permits are issued unless otherwise approved
by the Board of County Commissioners.
G. Road improvements required for this project, both site specific and system capacity,
shall be in place prior to the issuance of any Certificates of Occupancy for the
development.
H. Any required turn lane(s) will be constructed and paid for by the developer and any
required right-of-way as a result of said turn lane will be dedicated to Collier
County with no impact fee credit to the developer.
I. The developer shall reserve 120' of right-of-way for a future east-west road along
the south property line of the project. The developer shall be eligible for Road
Impact Fee credits at the time the reserved right-of-way is dedicated.
J. The developer/applicant will be responsible for sidewalks and bicycle paths as
required by Section 3.2.8.3.17 of the Land Development Code.
6.7 WATER MANAGEMENT
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. The SFWMD ERP Permit for the project.
B. The ACOE Dredge-Fill Permit for the project.
C. An excavation permit will be required for the proposed lakes in accordance with
Division 3.5 of the Collier County Land Development Code and the SFWMD rules.
VI-3
6.8 UTILITIES
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facilities to serve the project are to be designed, constructed,
conveyed, owned and maintained in accordance with Collier County Ordinance No.
97-17, as amended, and other applicable County rules and regulations.
B. Water Facilities Looping and Stubs:
The on-site water distribution system to serve the project must be connected to the
district's water main on CR-951 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:
1. Dead-end mains shall be eliminated by looping the internal pipeline
network.
2. Stubs for future system interconnection with adjacent properties shall be
provided to the property lines of the project, or the limit of jurisdictional
weftands, at locations to be mutually agreed to by the County and the
developer during the design phase of the project.
C. Connection to the County Central Sewer System or a Master Pump Station:
The utility construction documents for the project's sewerage system shall be
prepared so that all sewage flowing to the Connty's master pump station is
transmitted by one (1) main on-site pump station. 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 County staff prior to
commencing preparation of construction drawings, so that all aspects of the
sewerage system design can be coordinated with the County's sewer mater plan.
D. Off-site Utilities Improvements:
1. Water - The existing off-site water 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.
VI4
2. Sewer - 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 pmject's boundary to provide adequate capacity to
transport the additional wastewater generated without adverse impact to the
existing transmission facilities.
6.9 ENGINEERING
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Grassed slopes of 3H:IV may be used for berm heights to 4 feet throughout the
project based on the construction plans approved as part of the SFWMD ERP and
ACOE Dredge-Fill Permits. Berms greater that 4 feet in height shall use slopes no
greater than 4H: 1V.
B. Work within Collier County right-of-way shall meet the requirements of Collier
County Right-of-Way Ordinance No. 93-64.
6.10 ENVIRONMENTAL
The development of this PUD Master Plan shall be subject to and governed by the
following conditions:
A. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE)
and the South Florida Water Management District (SFWMD) shall be presented
prior to final plat/construction plan approval.
B. Environmental permitting shall be in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
Current Planning Environmental Review Staff. Removal of exotic vegetation shall
not be counted towards mitigation for impacts to Collier County jurisdictional
wetlands.
C. All conservation areas shall be designated as conservation/preservation tracts or
easements on all construction plans and shall be recorded on the plat with protective
covenants per or similar to Section 704.06 of the Florida Statutes, and shall be
dedicated to the Homeowners' Association with responsibility for maintenance.
D. Buffers shall be provided around weftands, extending at least fifteen (15) feet
landward fxom the edge of wetland preserves in all places and averaging twenty-five
(25) feet fi-om the landward edge of weftands. Where natural buffers are not
possible, structural buffers shall be provided in accordance with the State of Florida
Environmental Resource Permit Rules and be subject to review and approval by
Current Planning Environmental Staff.
E. 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 appwval prior to final site
plan/construction plan approval.
F. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish
and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish
Commission (FGFWFC) regarding potential impacts to protected wildlife species.
Where protected species are observed on site, a Habitat Management Plan for those
protected species shall be submitted to Current Planning Environmental Staff for
review and appwval prior to final site plan/construction plan.
6.11 ACCESSORY STRUCTURES
Accessory structures shall be constn~ted simultaneously with or following the construction
of the principal structure except for a construction site office and model units.
6.12 SIGNS
All signs shall be in accordance with Division 2.5 of the Land Development Code.
6.13 LANDSCAPING FOR OFF-STREET PARKING AREAS
All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of
the Collier County Land Development Code in effect at the time of building permit
application.
VI -6
) )
TRACT L
, -- ~ TRACT L reACT CA
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~NO PA.~ soum \\ \ \~ACT CA ~
~ACT CA ~ ~
N NN 0
~ 120' ~T-~-WAY R~RVA~
PUD L~D US~ AND ~ACT ~AS'
~ACT DE~L~M~T ~E ~EA
L ~N~E FAMILY LO~ ~.7 AC
(LOW DEN~ RE. DENnY)
T COMM~ ~EA/~NNIS ~N~ 0.9 AC
CA C~RVAfl~ AREA I~5 AC
0 LAKES ~D C~RVAfl~ ~ ~2 AC
R ROAO~.O.~ 17.2 AC
~ ~RN ~NE O. I AC
TOTAL 254.6 AC ~~ 'A'
CO~STA4 E~GI~EERI~G CONSUL TARTS, I~C. _ ~ ~ ~ ~ ~
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. 99-31
Which was adopted by the Board of County Commissioners on the
llth day of May, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 12th day of May, 1999.
DWIGHT E. BROCK
Clerk of Courts and ~Clerk
Ex-officio to Board
County Commissioners
By: Ellie Hoffman,
Deputy Clerk