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Ordinance 98-008 CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 9513N AND 9513S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" AND "A' TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS KENSINGTON PARK, FOR PROPERTY LOCATED ON PINE RIDGE ROAD (C.R. 896) APPROXIMATELY ~ MILE EAST OF AIRPORT- PULLING ROAD (C.R. 31), IN SECTION 13, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 370 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 92-25, AS AMENDED, THE FORMER KENSINGTON PARK PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Richard Henderlong of Kensington Park Development, representing J. Dudley Goodlette, Trustee, petitioned the Board of County Commissioners to chan~e the zoninq 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 13, Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" and "A" Agriculture 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 Maps numbered 9513N and 9513S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. ~ SECTION TWO: Ordinance Number 92-25, as amended, known as the Kensington Park %D, adopted on April 28, 1992 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety.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, Florida, this~ day of ~ , 1998. E, B~?<~erk COLLIER COUNTY, FLORIDA / -.. Appro e~ ,~s to ~orm and Legal MarJodie M. student ~aoyof~,-,/~-~ end ocknov/edaement ol ~hot Assistant County Attorney tilin ~/PUD-91-11 (1) ORDIN~CZ/ -2- KENSINGTON PARK A PLANNED UNIT DEVELOPMENT PREPARED FOR: J. DUDLEY GOODLETTE, TRUSTEE PREPARED BY: KENSINGTON PARK DEVELOPMENT 2700 PINE RIDGE ROAD NAPLES, FLORIDA 34 ! 09 DATE FILED 9/29/97 DATE REVIEWED BY CCPC I/8/98 DATE APPROVED BY BCC 1/27/98 ORDINANCE NUMBER 98-8 REVISED: 1/27/98 KENSFNGTON~UD.doc EXHIBIT "A" TAB LE OF CONTENTS LIST OF EXHIBITS & TABLES ................................................. I STATEMENT OF COMPLIANCE ............................................... SECTION I PROPERTY OWNERSHIP AND DESCRIPTION ....................... i-1 1.| PURPOSE ..................................................... 1-1 1.2 LEGAL DESCRIPTION .......................................... 1-1 1.3 PROPERTY OWNERSHIP ........................................ 1-1 1.4 SHOR3~ TITLE ................................................. 1-1 1.5 GENERAL DESCRIPTION OF PROPERTY AREA ................... 1-2 1.6 PHYSICAL DESCRIPTION ....................................... 1-2 1.7 PROJECT DESCRIPTION ........................................ I-2 SECTION II PROJECT DEVELOPMENT ....................................... 2-1 2.1 PURPOSE ..................................................... 2-1 2.2 GENERAL ..................................................... 2-1 2.3 PROJECT PLAN AND LAND USE TRACTS ......................... 2-1 2.4 MAXIML~/I PROJECT DENSITY ................................. 2°2 2.5 PROJECT PLAN APPROVAL REQUIREMENTS ..................... 2°2 2.6 GENERAL DESCRIPTION OF RESIDENTIAL DEVELOPMENT ....... 2-3 2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES ...... 2-3 2.8 MODEL HOMES ............................................... 2-3 SECTION III RESIDENTIAL DEVELOPMENT .................................. 3-1 3.1 PURPOSE ..................................................... 3-1 3.2 MAZH~UM DWELLING UNITS .................................. 3-1 3.3 USES PERMITFED ............................................. 3-1 3.4 RESIDENTIAL LAND USE INTEGRITY ............................ 3-2 3.5 DEVELOPMENT STANDARDS ................................... 3-2 3.6 CjustER HOUSING ............................................ 3°5 3.7 CjustER HOUSING DEVELOPMENT STANDARDS ................ 3-6 3.8 ATTACHED MAID/GUEST QUARTERS ........................... 3°8 3.9 GENERAL APPLICATION FOR SETBACKS ........................ 3-8 SECTION IV GOLF COURSECREATION AREA ............................. 4-1 4.1 PURPOSE ..................................................... 4-1 4.2 USES PERMITFED ............................................. 4-1 4.3 DEVELOPMENT REGULATIONS ................................. 4-2 SECTION V PRESERVE AREA ............................................... 5-1 5.1 PURPOSE ..................................................... 5-1 5.2 USES PERMITTED ............................................. 5-1 SECTION VI BUFFER AREA ................................................. 6-1 6.1 PURPOSE ..................................................... 6-1 6.2 USES PERMITTED ............................................. 6oi 6.3 DEVELOPMENT REGULATIONS ................................. 6-1 SECTION VII DEVELOPMENT COMMITMENTS ............................... 7-1 7.1 PURPOSE ..................................................... 7-I 7.2 GENERAL ..................................................... 7-1 7.3 PUD MASTER PLAN ............................................ 7-! 7.4 SCHEDULE OF DEVELOPMENT ................................. 7-2 7.5 ENGINEERING ................................................ 7-2 7.6 EXCEPTIONS TO THE SUBDIVISION REGULATIONS ............... 7-2 7.7 UTILITIES ..................................................... 7-3 7.8 TRANSPORTATION ............................................ 7-3 7.9 WATER MANAGEMENT ........................................ 7-4 7.10 ENVIRONMENTAL ............................................. 7-5 7.11 ACCESSORY STRUCTURES ..................................... 7-5 7.12 SIGNS ........................................................ 7-5 7.13 POLLING PLACES .............................................. 7-7 LIST OF EXHIBITS & TABLES TABLE I DEVELOPMENT STANDARDS ...................... 4-5 EXHIBIT A PLANNED UNIT DEVELOPMENT MASTER PLAN (Prepared by McAnly Engineering and Design, Inc.) EXHIBIT A-I SOUTHERN BOUNDARY CONCEPTUAL SITE PLAN (Prepared by Coastal Engineering Consultants, Inc.) EXHIBIT B , PLANNED UNIT DEVELOPMENT TRACT MAP EXHIBIT C VICINITY MAP EXHIBIT D WELLINGTON PLACE - PHASE ONE, TRACT "E" (10 buildings) Architectural Rendering EXHIBIT E LANDSCAPE PLAN (J. Roland Lieber) STATEMENT OF COMPLIANCE The development of approximately 370 acres of property in Collier County, as a Planned Unit Development to be known as Kensington Park will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential and recreational facilities of Kensington Park will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 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 proposed residential density of 1.6 dwelling units per gross acre is less than that defined by the Density Rating System in the Future Land Use Element. Policy 5. i of the Future Land Use Element requires that new residential zoning be at a density equal to, or less than that defined by the Density Rating System. 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) The project's development will adhere to the provisions of Collier County's Land Development Code as set forth in Objective 3 of the Future Land Use Element. 6) The project development 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. 7) The project develop~nent will incorporate natural systems for water management in accordance with their natural functions and capabilities as set forth in Ordinance 90-10 and Collier County's Land Development Code as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 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 Kensington Park PUD. 1.2 LEGAL DESCRIPTION: The subject property being approximately 370 acres, is described as a parcel of land located in Section 13, Township 49 South, Range 25 East, Collier County, Florida, more particularly described as follows: Commencing at the Northeast comer of Section 13, Township 49 South, Range 25 East, Co!tier County, Florida and run North 89°31'46" West along the Northerly line of said Section 13 for 1384.78 feet; thence run South 00°28'14'' West for 75.00 feet to the intersection with the Southerly Right-of-Way line of County Road 896 (Pine Ridge Road) to the POINT OF BEGINNING; thence run south 00°22'59" East for 1241.64 feet; thence run South 89°2Y53" East for 873.00 feet: thence nm South 00o15'37'' East for 1327.03 feet; thence mn South 00o09'47" East for 73.36 feet; thence nm North 89°50'13'' East for 390.00 feet; thence run South 00o09'47" East for 540.00 feet; thence run South 89°50'13" West for 390.00 feet; thence run South 00009'47'' East for 2016.60 feet to the intersection with the Southerly line of said Section 13: thence run North 88°56'26'' West for 2922.26 feet; thence run North 00°34'51" West for 2623.27 feet; thence mn Noah 89°14'12" West for 689.41 feet; thence nm North 00"38'53" West for 2543.98 feet to the intersection with the aforementioned Southerly Right-of-Way line; thence nm South 89'"32'39" East along said Right-of-Way for 1384.73 feet; thence nm South 89031'46'' East for 1387.00 to the Point of Beginning, subject to easements, restrictions and reservations of record, containing 370.16 acres, more or less. 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership of J. Dudley Goodlette, as Trustee. 1.4 SHORT TITLE: This ordinance shall be known and cited as the "Kensington Park Planned Unit Development 1-1 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Section 13, Township 49 South, Range 25 East. Furthermore, the subject property is located south of Pine Ridge Road, approximately 1/4 mile east of the intersection of Airport-Pulling Road and Pine Ridge Road (See Vicinity Map, Exhibit C). B. The zoning classification of the subject property is PUD - Planned Unit Development. 1.6 PHYSICAL DESCRIPTION: The project site, is located adjacent and to the south of Pine Ridge Road, and approximately I/4 mile east of Airport-Pulling Road. The project site lies in the tributary drainage basin of the D-2 (I-75) Canal tributary of the Golden Gate Canal System, with ultimate outfall into Naples Bay via the Gordon River. Existing elevations range from +6.4 to +14 N.G.V.D. The water management system serving Kensington Park PUD consists of 51 acres of lakes and 20 acres of preserve areas which receive all ranoff from the residential areas, roads, and natural areas. Runoff is collected from the roads and residential areas by catch basin and culvert systems. Runoff from buffer and natural areas is directed over grassed areas to catch basin and culvert systems for conveyance to the preserve areas and lake system. The soils found within the project boundaries include predominantly Holopaw fine sand, Pineda fine sand, limestone substratum, and Halandale fine sand, with minor areas of Malabar fine sand, Boca, Riviera, limestone substratum and Copeland fine sand depressional and Urban Land in the northerly areas of the site. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Soils Conservation Service in January 1990. 1.7 PROJECT DESCRIPTION: The Kensington Park PUD shall be a single/multi-family residential development with diverse recreational amenity opporttmities. The amenities include, but are not limited to, an !8-hole golf course, tennis courts, and related support facilities, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces, and a variety of outdoor recreational opportunities. Each individual single-bdnily lot and each multi-family parcel will be sewed by public utilities including potable water, sanitary sewer and electricity. Also, additional services will be provided as deemed appropriate. 1-2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE: The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts and development parcels included in the project, as well as the project criteria for Kensington Park. 2.2 GENERAL: A. Regulations for development of Kensington Park PUD 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 in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. 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. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Kensington Park PUD shall become part ofthe regulations which govern the manner in which the PUD site may be developed. D. Unless sp~i~cally waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD will remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Division 3.15, Adequate Public Facilities of the Collier County Land Development Code, 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 PROJECT PLAN AND LAND USE TRACTS: A. The project Master Plan, including layout of streets and general depiction of land use, is iljustrated graphically by Exhibit "A", PUD Master Plan. The project Tract Map identifies appro, .~. ' .~ :reage and !and use of the various tracts and development parcels, and is iljustrate,?. graphically by Exhibit "B", PUD Tract Map. There shall 2-1 be land use tracts, plus necessary water management lakes, street fights-of-way, the general configuration ofwhich is also iljustrated by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Preliminary or Final Subdivision Plat or Site Development Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code. TYPE UNITS ACREAGE:i: TRACT "A' Residential 570 120 TRACT "CR" Commons/Recreation Area 0 223 TRACT "P' Preserve 0 20 TRACT "S' Buffer 0 7 B. Areas iljustrated as lakes by Exhibit "A" shall be constructed lakes or, upon approval, parts thereof may be constructed as shallow, dry depressions for water detention purposes. Such areas, lakes and dry areas shall be in the same general configuration, and contain the same general acreage as shown by Exhibit "A". C. In addition to the various areas and specific items shown in Exhibit "B", such easements as necessary (utility, private, semi-public, common use, etc.) will be established within or along the various tracts as may be necessary. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 570 residential dwelling units,, single and multi-family, may be constructed in the total project area. The gross project area is approximately 370 acres. The gross project density, therefore, is a maximum of 1.6 units per acre. 2.5 PROJECT PLAN APPROVAL REQLrIREMENTS: A. Prior to the recording of a Subdivision Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County govemmental agency to insure compliance with the PUD Master Plan, the County Land Development 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 the County Land Development Code, and the platting laws of the State of Florida. 2-2 C. The provisions of Division 3.3 ofthe Collier County Land Development Code, when applicable, shall apply to lhe 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 conformante with the requirements of Division 3.2 of the Collier County Land Development Code or prior to the submittal of construction plans and plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time ofinfrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 GENERAL DESCRIPTION OF RESIDENTIAL DEVELOPMENT: Areas designated for residential land uses on Exhibit "A" are designed to accommodate a full range of residential dwelling types and customary accessory uses. Approximate acreage of all residential tracts have been indicated on Exhibit "A", and Exhibit "B", in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages, configurations and densities of development tracts will be provided at the time of development plan approval in accordance with Section 2.5. 2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES: Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Kensington Park PUD. A property owners' organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, facilities and waters within the project. 2.8 MODEL HOMES: No more than three "Dry Models" may be constructed prior to recording of a plat for the project if applied for by the project owner. Site(s) for the model(s) must conform to zoning 2-3 standards and be located on a future platted lot. A metes and bounds legal description shall be provided on the site plan required as part of the building permit issuance. Access shall be provided to each model from the model serving as a "Sales Center" or an approved independent "Sales Center." Access shall be for pedestrian traffic only, no paved road will be allowed. A "Sale. s Center" may be constructed prior to recording of a plat. The "Sales Center," which may also be a model, shall be limited to one structure (one building permit). It may be serviced by a temporary utility system (i.e., dry well and septic tank/drain~eld) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to serve the Center. Review and approval of the "Sales Center" shall follow the requirements of the Site Development Plan process (Collier County Land Development Code, Division 3.3). A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets County standards. A water management plan must be provided which accommodates the rimoff ~'om the "Sales Center," the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for a "Sales Center," a Temporary Use Permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2-4 SECTION III RESIDENTIAL DEVELOPMENT 3.1 PURPOSE: The purpose of this Section is to identify specific development standards for areas proposed to be developed with residential land uses. 3.2 MAXIMUM DWELLING UNITS: The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 570 dwelling units. 3.3 USES PERMITTED: No building or structure, or part thereof, shall be altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1) Single family detached and attached, zero lot line. Attached single family dwellings shall henceforth be defined as no more than eight (8) residential dwelling units which are structurally integrated and which may have a common roo~ine. 2) Townhouses and garden apartments. Garden apartments shall henceforth be defined as a single structure containing more than three dwelling units, which does not have assigned off-street parking facilities structurally attached to each individual dwelling unit. 3) Model Homes (See Section 2.8 of this PUD document). 4) Cjuster Housing: On a unified plan of development, some development standards set forth in this Section may be reduced provided a common architectural theme is followed. See Section 3.6. B. Accessory Uses: 1 ) Customary accessory uses and structures including but not limited to private garages, termis facilities and swimming pools with or without screened enclosures. 3-1 2) Accessory uses and structures customary in multiple family residential projects, including private garages, recreational buildings, equipment and associated facilities. 3) Utility facilities and, or easements (including rights-of-way easements). 4) Signage. 5) Project sales and administrative offices, which may occur in residential or recreational buildings. 6) Water management facilities/lakes. 7) Commercial excavations as provided for by Collier County's excavation regulations (Collier County Land Development Code, Division 3.5). 3.4 RESIDENTIAL LAND USE INTEGRITY: The mixing ofsingle family detached housing units with any other form of multiple family housing structures shall not be permitted within the same platted tract of land where platted tracts exist, or on lots platted for the expressed purpose of accommodating the placement of a single family detached housing unit. 3.5 DEVELOPMENT STANDARDS: A. General: Except where noted, all criteria listed below shall be understood to be in relation to individual parcel or lot boundary lines or between buildings. Setback/yard requirements set forth below shall not apply to interior phase boundaries nor interior condominium/homeowners association(s) boundaries. B. Minimum Lot or Parcel Area: Lot area is that area assigned to an individual dwelling unit. Parcel area is that area assigned to an individual building which may contain more than one dwelling unit. 1 ) Single family detached: 6,000 square f~t per lot. 2) Attached single family lot: 1,000 square feet for single story units; 1,200 square feet for two (2) story units. However, each dwelling unit shall have a gross area relationship within a unified plan of development so that no less than 2,500 square feet of parcel area is attributable to each dwelling unit in addition to any m'ea covered by a dwelling structure. 3-2 3) Zero lot-line: 4,000 square feet per lot. C. Minimum Lot/Parcel Width: Lot width is the average width of the lot assigned to an individual dwelling unit. Parcel width is the average width of the parcel assigned to an individual building which may contain more than one dwelling unit. 1) Single family detached residences: a) Comer Lots: Seventy (70) feet. b) Interior Lots: Sixty (60) feet. 2) Single family attached residences: Lot width may be the same width as the individual single family dwelling unit. Parcel width shall be determined at the time of development plan review. 3) Zero lot line and patio homes: Forty (40) feet per lot. 4) Townhouses and garden apartments: One hundred (100) feet per parcel. D. Minimum Yard Requirements: 1) Single family, detached: Front yard: Twenty-five (25) feet. Side yard: Seven and one half(7.5) feet. Rear yard: Twenty (20) feet.* Rear yard - accessory structure~ Ten (10) feet.* 2) Single family, attached: Setbacks for side yards shall be measured from parcel boundaries. A minimum distance of fifteen (15) feet, or one-half(Va) the sum of the heights of adjacent residential buildings, whichever is greater, shall be maintained between structures. Front yard: Twenty (20) feet. Side yard: Seven and one-half(7.5) feet. Rear yard: Twenty (20) feet.* Rear yard - accessory structure: Five (5) feet.* 3-3 3) Zero lot-line: Front yard: Twenty (20) feet. Side yard: Zero to five (0-5) feet on the zero lot line side; a roofoverhang not to exceed thirty (30) inches shall be allowed, subject to the recording of a three (3) foot access easement. Rear yard: Fifteen (15) feet.* Minimum distance between principal and accessory structures: Ten (10) feet. Rear and side yard - accessory structure: Five (5) feet.* 4) Townhouses and garden apartments: A distance of fifteen (15) feet, or one-half (V2) the sum of the heights of adjacent structures, whichever is greater, shall be maintained between structures. Front yard: Twenty-five (25) feet. Side yard: Ten (10) feet from parcel boundaries. Rear yard: Twenty (20) feet.* Rear yard - accessory structure: Ten (10) feet.* *Rear Yard: Fifteen (I 5) feet along the south project boundary. Where a parcel abuts a golf course: zero (0) feet. Where a parcel abuts a lake: zero (0) feet may be allowed provided the perimeter of the lake is bulkheaded in accordance with Collier County Ordinance No. 91-102 and SFWMD rules. E. Minimum Floor Area: 1 ) One Story Single Family Structures: One Thousand (1,000) square feet. 2) Two Story Single Family Structures: One Thousand Two Hundred (1,200) square feet. 3) Townhouses and garden apartments: Seven hundred-fifty (750) square feet. F. Off-Street Parking and Loading Requirements: As required by Collier County Land Development Code in effect at the time of building permit application. G. Maximum Height: I) Golf Clubhouse Tract - maximum fifty (50) feet. 2) All other Principal Structures - thirty-five (35) feet from finished floor elevation. 3-4 3) Accessory Structure - fifteen (15) feet, except pool enclosures which may be twenty-five (25) feet from ground level. Golf Course/Recreation Area - maximum forty (40) feet. 4) Along the southern boundary, multi-family units shall be limited to thirty- five (35) feet in height. H. Landscaping and Buffering: Unless otherwise specified in this Section, landscaping shall be in accordance with Collier County's landscaping requirements in effect at the time of building permit application. All multi-family !and uses shall be buffered from abutting single family type residential land uses with a five (5) foot wide area generally parallel to the entire length of abutting single family type property boundaries. Said buffer shall have vegetative hedge plant material and/or fencing/wall, not to exceed six (6) feet, to achieve an 80% opaque condition, thirty-six (36) inches in height, one (I) year after installation. It is not mandatory that the buffer area be installed to abut parcel boundaries. This requirement shall apply to required vehicular use landscaping adjacent to interior property lines, and shall satisfy the County's requirement(s) for such areas. I. Required Landscaping Adjacent to Vehicular Rights-of-Way: Landscaping adjacent to vehicular fights-of-way shall be in accordance with Collier County's Land Development Code. J. Required Vehicular Use Area Interior Landscaping: Interior landscaping pertaining to vehicular use areas shall be in accordance with Collier County's Land Development Code. K. Vehicular Overhang of Landscaped Areas: The front of a vehicle may overhang any landscaped area a maximum of two (2) feet, provided the landscaped area is protected by motor vehicle wheel stops or curbing. Two feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. 3.6 CjustER HOUSING: Modification to the development standards provided for in this Section may be approved by Collier County's Development Services Director, or his designee, as a function of approval 3-5 of a Site Development Plan pursuant to the provisions of Section 2.5 of this document, and Division 3.3 of Collier County's Land Development Code for projects maintaining a common architectural theme. A project shall have a common architectural theme provided all ofthe following are evidenced in the Site Development Plan application: ~ A. The architectural style of all ofthe dwelling units/structures shall be similar in design and in the use of materials and color: B. The residential project shall have a signature entranceway that serves to identify the entryway to a unified plan of development. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture, and ornamental paveme, nt surfaces. C. A landscape theme throughout the entire project that enhances the unified appearance of the project: D. Street materials, signage and lighting shall be complementary and the same throughout the project's accessways. 3.7 CjustER HOUSING DEVELOPMENT STANDARDS: A. Minimum Lot Area: The minimum lot area in any cjuster housing development may be reduced to no less than three thousand (3,000) square feet for each single family residential dwelling unit. Development of cjuster housing upon a single parcel or tract of land, rather than upon conventional lots, shall provide a minimum of three thousand (3,000) square feet of open space for each dwelling unit exclusive of any common open space required by this subsection. B. Minimum Lot Width: The minimum lot width in any cjuster housing development may be reduced to no less than forty (40) feet. C. Maximum Lot Coverage: The maximum allowable lot coverage in any cjuster housing development may not exceed sixty percent (60%). D. Minimum Yards: The minimum side and rear yards set forth above may be reduced by up to twenty percent (20%) of the minimum yard requirements for the residential land uses proposed. When shown and approved on a unified plan ofdevelopment, a zero lot line concept may be utilized for single family detached dwelling units, or in the case of single family attached dwelling units, a common wall concept may be employed. In either case, the remaining yard shall be equal to the sum of the required side yards. Zero lot line cjuster housing shall, in addition, conform to the following: 3-6 I) The zero lot line portion of the dwelling unit shall be void of doors or windows. 2) Where non-zero lot line residential land uses exist adjacent to a side yard, a minimum three (3) foot maintenance access easement shall be provided. 3) Roof overhang shall be no more than thirty (30) inches over adjacent property lines, subject to the recording of a minimum three (3) foot access easement. 4) The minimum front yard requirements may not be reduced. 5) In no case shall the separation between principal buildings and structures be Jess than ten (10) feet. E. Common Open Space: 1) All deductions in the minimum lot area, lot width and yard requirements below that which would otherwise be required shall be required to provide an equal amount of common open space within the same phase and general area of each cjuster of homes in the development. 2) Common open space shall be reserved for recreational/social uses, however, utility facilities necessary to serve the development may be located in such areas. 3) Any recreational facilities subject to membership, registration, fees, or otherwise aimed at attracting users which do not have some interest in Kensington Park, shall not be counted as common open space. 4) The sale, lease, or other disposition of common open space shall be prohibited except to a non-profit corporation or homeowner's association established under the laws of Florida to administer and maintain the facilities subject to a deed restriction acceptable to the County to limit the use of said property to common open space. Provisions shall be included to assure the continued maintenance of the common open space area. 5) Access rights to common open space for all residents within the cjuster development shall be guaranteed through restrictive covenants. 6) Land utilized for common open space shall be restricted to common open space in perpetuity by appropriate legal instruments satisfactory to Collier County. Such instrument shall be binding upon the owner, developer, his successors, and assigns, and shall Constitute a covenant running with the land, and be in recordable form. 3-7 3.8 ATTACHED MAID/GUEST QUARTERS: Attached maid/guest quarters, with secondary kitchen facilities (i.e., kitchenettes), shall be permitted for no more than 380 single family detached and zero lot-line residences, subject to the following restrictions, which shall be recorded as deed restrictions: A. Maid/guest quarters shall follow the common architectural theme and be an integral pan of the main residential structure. B. Only single family detached and zero lot-line patio homes which have 2,500 square feet or more of air conditioned living area shall be eligible to have attached maid/guest quarters. C. Attach&l maid/guest quarters shall only be occupied by the property owner, domestic employee of the property owner, or guest(s) of the property owner. D. Attached maid/guest quarters are not a separate dwelling unit and, therefore, may not be sold, leased, rented, interest transferred or conveyed in any way so as to separate said quarters from the description of the residential unit. 3.9 GENERAL APPLICATION FOR SETBACKS: Generally, whenever the word setback or yard is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed, it shall have the following application: A. Front Yard Front yards setbacks shall be measured as follows: 1 ) If the paxeel is served by a public right-of-way, setback is measured from the adjacent fight-of-way line. 2) If the parcel is served by a non-platted private drive, setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line. 4) Generally, principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. 3-8 SECTION IV GOLF COURSE/RECREATION AREA ,$.! PURPOSE: The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract CR Golf Course/Recreation Area on Exhibit "B". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open area.s, passive/active recreational areas, and use areas intended to satisfy the resident's basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities, as may be indicated on the PUD Master Plan shall be considered non-binding. 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. 4.2 USES PERMITTED: No building or structure, or part thereof, shall be erected, altered or used, or !and used, in whole or in part, for other than the following: A. Principal Uses: 1) Utility, water management and rights-of-way/access easements. 2) Golf courses and golf cart paths. 3) Structures which house social, recreational, project sales, administrative, or security facilities. 4) Lakes/water management facilities. 5) Signage. 6) Open Spaces/Nature Preserves. 7) Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the common areas. 8) Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. 9) Shuffleboard course, tennis courts, fitness center, swimming pools, and other 4-1 types of facilities intended for outdoor recreation. I0) Commercial excavations as permitted by Collier County's excavation regulations (Collier County Land Development Code, Division 3.5). B. Accessory Uses: 1 ) Clubhouse, pro-shop, practice driving range and other customary accessory uses of golf courses. 2) Small establishments including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 3) Customary accessory uses of structures incidental to recreational areas and/or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4) One (1) caretaker's residence. 4.3 DEVELOPMENT REGULATIONS: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. B. All buildings shall be setback a minimum of fifteen (15) feet from all parcel boundaries. An exception shall be granted (from 0 to a minimum of Y) in the case when an FPL easement line serves as a parcel boundary within the golf course maintenance site. C. Structures adjacent to one another shall be separated a minimum of ten (10) feet, or one half the sum of the building heights, whichever is greater. 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 in compliance with the County's development regulations shall be required. F. Maximum Height: 1) Principal Structure: Sixty (60) feet. 2) Accessory Structure: Forty (40) feet. 4-2 G. Minimum Off-Street Parking and Loading: 1) Private Golf Course: Four (4) spaces per hole. Additionally, one (1) space per 200 square feet shall be provided for office/lobby/pro-shop/health club/clubhouse/lounge/snack bar/dining/meeting room areas, of which a maximum one-third (l/a) of this requirement may be grassed and set aside for future parking and shall be paved as deemed necessary by the Development Services Director and dedicated as such on the Site Development Plan at the time of approval pursuant to Division 3.3 of Collier County's Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including swimming pools, golf driving range and tennis courts shall be provided. Golf cart, golf bag, and equipment storage rooms, maintenance buildings, and rooms for mechanical equipment shall be computed at one (I) space per 1,000 square feet. 2) Recreation (non-golfcourse)/Administrative Areas: As required by Collier County's Land Development Code in effect at the time of building permit application. 3) Loading Areas: As required by Collier County's Land Development Code in effect at the time of building permit application. H. Landscaping and Buffering: Unless otherwise specified in this Section, landscaping shall be in accordance with the landscaping requirements of the Collier County Land Development Code in effect at the time of building permit application. All recreational areas (excluding golf course areas), recreational, administrative/social and maintenance buildings shall be buffered from abutting residential lands with a five (5) foot wide area generally parallel to the entire length of abutting residential/non-residential parcel boundaries. Said buffer shall have vegetative hedge plant material and/or fencing/wall, not to exceed six (6) feet, to achieve an 80% opaque condition, thirty-six (36) inches in height, one ( 1 ) year after installation. It is not mandatory that the buffer area be installed to abut parcel boundaries. This requirement shall apply to required vehicular use landscaping adjacent to interior properly lines, and shall satisfy the County's requirement(s) for such areas. I. REQUIRED LANDSCAPING ADJACENT TO VEHICULAR RIGHTS-OF-WAY: Landscaping adjacent to vehicular rights-of-way shall be in accordance with Collier County's Land Development Code. 4-3 J. REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING: Interior landscaping pertaining to vehicular use areas shall be in accordance with Collier County's Land Development Code. K. VEHICULAR OVERHANG OF LANDSCAPED AREAS: The front of a vehicle may overhang any landscaped area a maximum oftwo (2) feet, provided the landscaped area is protected by motor vehicle wheel stops or curbing. Two feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. L. GOLF COURSE CARETAKER'S RESIDENCE: One (1) golf course caretaker's residence shall be permitted subject to the following: 1) The residence shall be constructed as an integral part of the main golf course clubhouse facility and shall be entered from within the clubhouse facility. The residence may be constructed as an integral part of a sales, fitness, or tennis center, only if it is not constructed within the clubhouse facility. 2) The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the golf course and/or its facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Collie County's parking requirements in effect at the time of building permit application. Parking for the caretaker's residence shall be in addition to any other required parking facilities. 4-4 KENSINGTON PARK DEVELOPMENT STANDARDS TABLE I DEVELOPMENT SINGLE SINGLE ZERO LOT GARDEN APTS CR STANDARDS FAMILY FAMILY LINE TO%VNHOUSES USES DETACHED ATTACHED MINIMUM LOT/ 6,000 SF 1,000 SF 4,000 SF NOT NOT PARCEL AREA PER LOT PER UNIT ?ER LOT APPLICABLE APP. SEE 3.4B.2) MINIMUM LOT 70"CORNER SAME WIDTH 40 FEET PER 100 FEET PER NOT WIDTH 60' ,INT. AS UNIT LOT PARCEL APP. FRONT YARD 25 FEET 20 FEET 20 FEET 25 FEET 15 FT. REQUIREMENT SIDE YARD 7.5 FEET ·7.5 FEET 0-5 FEET · 10 FEET 15 FT. REQUIREMENT REAR YARD 20 FEET 20 FEET 15 FEET **20 FEET 15 FT. REQUIREMENT ACCESSORY FRONT 25 FEET ***20 FEET 20 FEET ***25 FEET 15 FT. SIDE 7.5 FEET 5 FEET 0-5 FEET 10 FEET 15 FT. REAR **!0 FEET ** 5-10 FEET ** 5-10 FEET ** l0 FEET 15 FT. MINIMUM 1,000 SF I STORY 750 SF NOT FLOOR AREA 1,200 SF 2 STORY APP. DIST. BETWEEN 15 FEET I 15 FEET OR % ! 0 FEET 15 FEET OR % 10 FT. PRINC. STR. SUM OF HT. SUM OF HT. MAX. BLDG. 35' PRINC. 35' PRINC. 35' PRINC. 35' PRINC. 50' P. HEIGHT . '15' ACC. '15' ACC. 'i5' ACC. °15' ACC. 40' A. NOTES: .Lot area is that area assigned to an individual dwelling unit. · Parcel area is that area assigned to an individual building which may contain mor~ than one dwelling unit. · Lot width is the average width of the lot assigned to an individual dwelling unit. · Parcel width is the average width of the parcel assigned to an individual building which may contain more than one dwelling unit. Cjuster housing development standards are set forth in Section 3.7. · Setbacks for side yards shall be measured from parcel boundaries. · * Fifteen (15) feet along the south project boundary. Where a parcel abuts a golf course: five (5) feet. Where a parcel abuts a lake: zero (0) feet may be alloweA provided the perimeter of the lake is bulkheaded in accordance with Collier County Ordinance No. 91-102 and SFWMD rules. · ** Garage not accessed from the right-of-way may be ten (10/ feet. · Pool enclosures may be twenty-five (25) feet. 4-5 SECTION V PRESERVE AREA 5.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract P, Preserve Area on Exhibit "B". The primary function and purpose of this Tract will be to preserve and protect native flora and fauna in its natural state. 5.2 USES PERMITTED: Elevated board,walks may be constructed in the various preserve areas for the purpose of enjoyment of the natural amenities by the residents of the project, subject to receipt of appropriate permits. 5-| SECTION VI BUFFER AREA 6.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract S, Buffer Area on Exhibit "B". Tract "S", Buffer Area, is an easement intended to protect residential land uses from more intensive residential !and uses, possible impacts from adjacent roadways and/or non-residential land uses. Although no structures other than those set forth in this Section may be located within buffer easements, buffer easements shall be included in yard requirements set forth elsewhere in this document. 6.2 USES PERMITTED: No 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) Landscaped buffer; existing native plant types may be utilized and/or; 2) Earthen berms and/or; 3) Fences/walls: Nine (9) foot maximum height. 4) Signage; neighborhood identification columns/walls. B. Accessory Uses: 1) Water, sewer and drainage facilities as required at the time of Final Construction Plan approval. 6.3 DEVELOPMENT REGULATIONS: A. The buffer area shall not be less than ten (10) feet in width along the north project boundary and the project boundary adjacent to the southwesterly preserve area. The buffer area shall not be less than twenty (20) feet in width along the south project boundary. All other land use buffer widths shall be in accordance with Collier County's Land Development Code. Land use buffer widths shall be measured at right angles to property lines, and shall be established along the entire length of, and contiguous to, the designated project boundary line. 6-1 B. The area shall be so designed, planted, and maintained as to be eighty (80) percent or more opaque between three (3) and eight (8) feet above average ground level when viewed horizontally. Planrings used for buffering shall be era size and type which will insure compliance with the eighty (80) percent opacity requirement within no longer than twelve (12) months o f the completion date of first planting. C. Types and numbers of planrings for buffers shall be submitted with application for Preliminary Subdivision Plat, or Construction Plan and Plat review, along with plans and statements demonstrating how the buffer will be irrigated and maintained in the future. D. The area along the south project boundary shall be so designed, planted, and maintained as to be eighty (80) percent or more opaque between three (3) and eight (8) feet above average ground level when viewed horizontally, including trees spaced no more than thirty (30) feet on the center. Planrings used for buffering shall be of a size and type which will insure compliance with the eighty (80) percent opacity requirement within no longer than twelve (12) months of the date of the first certificate of occupancy issued to a building in this area. Installation of all materials shall be in accordance with the landscape plan submitted to the Community Development Director and completed prior to the first certificate of occupancy issued for any building across the southern roadway. E. The area along the south project boundary shall be designed, planted and maintained consistent with Exhibit(s) E. 6-2 SECTION VII 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 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 in effect at the time of Building Permit approval(s). Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be p!~.tted. 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 develop in accordance with Exhibit "A", PUD 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 property. In addition, the Developer will agree to convey to any successor or assignee in title, any commitments within this agreement. 7.3 PUD MASTER PLAN: A. Exhibit "K' and "A-I", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the County's Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other insmm'~ents shall be granted to insure the continued operation and maintenance ofall service utilities and all common areas in the project. C. Multi-family buildings shall be limited to exterior lighting only below the caves and at the first floor level for those units shown on Exhibit "A-1'. D. Street lighting on the southern perimeter road and tracts A, B, C, D and E of Exhibit "A-I" shall be no greater than 20 feet in height as measured from grade level. 7-1 E. Tract "B" ofExhibit "A-I" is limited to detached single family land use. F. Tract "E" of Exhibit "A-I" shall be constructed with the architectural building design as depicted in Exhibit "D'. 7.4 SCHEDULE OF DEVELOPMENT: Presently, more than 50% of the project has been developed. The Developer reserves the fight to develop portions of the project in a non-sequential manner as market conditions change. Platting of the entire PUD will be required. Phases of development may include construction of residential, social or recreational facilities/structures, roadway or lake construction. 7.5 ENGINEERIN'G: A. The Developer and all subsequent landowners are hereby placed on notice that they are required to satisfy the requirements of all County ordinances or codes in effect prior to, or concurrent with, any subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plat, Site Development Plans and any other application that will result in the issuance of a final or final local development order. B. Work within Collier County right-of-way shall meet the requirements of Collier County Right. of-Way Ordinance 82-91. 7.6 EXCEPTIONS TO THE SUBDMSION REGULATIONS: A. Land Development Code, Division 3.2.8.4.16.5, Street Right-of-Way Width: Waived to a minimum of fifty (50) feet for the local road along the westerly property line, adjacent to the southerly preserve area. B. Land Development Code, Division 3.2.8.4.16.5, Street Right-of-Way Width: Waive the requir~nent of one hundred thirty (130) feet to one hundred (100) feet for the 4- lane wad at entry. C. Land Development Code, Appendix B, Typical Street Sections and Right-of-Way Design Standards: Waive the typical wadway section to one shown on master plan, subject to having sidewalks. D. Land Development Code, Division 3.2.8.4.16.6, Dead-End Streets: Waive the maximum one thousand { 1,000) foot length. 7.7 UTILITIES: A. 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, as amended, and other applicable County rules and regulations. B. All customers connecting to the sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. Prior to construction plans and plat approval, a letter from the City of Naples Water Department stating that the Department has reviewed and approved the water and sewer facilitic:: construction documents for service to the project shall be submitted. D. The project's Developer(s), his assigns or successors shall 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 and, if required, negotiate with the County to provide full or partial on-site storage facilities consistent with the volume of treated wastewater to be utilized. E. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County'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 the 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 master plan. F. 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. 7.8 TRANSPORTATION: A. A gatehouse/security facility has been provided within the project's main entrance area(s) and located so as to not impede traffic flow on Pine Ridge Road or the future Livingston Road right-of-way. B. The project access is in alignment with the existing median opening on Pine Ridge Road. The access is designed so as not to cause entering traffic to back up onto Pine Ridge Road. 7-3 C. An eastbound right turn lane and arterial level street lighting on Pine Ridge Road at the project entrance has been provided. D. There is an existing traffic signal at the project entrance. E. Road impact fees shall be as set forth in Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. F. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. G. The Developer shall provide a certificate of Adequate Public Facilities at the time of any Final Development Order. H. The Petitioner has dedicated to the County the minimum right-of-way easement necessary for the Livingston Road Extension road right-of-way. 7.9 WATER MANAGEMENT: A. Detaii~ paving, grading and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by Project Review Services. B. Fill material from lakes is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off-site subject to the requirements of Division 3.5 of the Land Development Code. Removal of material in excess of 10% of the total, or a maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Division 3.5 of the Land Development Code. C. Landscaping shall not be placed within the water management areas unless specifically approved by Engineering Review Services. D. The proposed off-site ditch accepting discharge from the site shall be dedicated as a drainage easement prior to construction plan approval. E. The lakes and wetland locations shall meet the minimum 200 feet separation criteria of the South Florida Water Management District (SFWMD) rules unless the SFWMD approves any separation less than 200 feet, and written confirmation to that effect is provided to Engineering Review Services. 74 7.10 ENVIRONMENTAL: A. If during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location sl-,all be immediately stopped and Engineering Review Services notified. Development will be suspended for a sufficient length of time to enable Engineering Review Services, or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. Engineering Review Services will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. B. A twenty-five (25) foot wetland buffer, minimum fifteen (I 5) feet, averaging twenty- five (25.) feet. shall be provided around both isolated wellands. C. A conservation easement shall be placed over the two jurisdictional wetlands including buffers, prior to final plat approval, with protective covenants as in, or similar to Section 704.06, Florida Statutes. These easements shall be platted. D. The project shall be maintained free from exotic vegetation. 7.11 ACCESSORY STRUCTURES: Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. 7.12 SIGNS: All signage shall be in accordance with Division 2.5 of the County's Land Development Code in effect at the time of Site Development Plan approval, with the following exception. A. Two (2) ground, wall or gate project identification signs may be located at each entrance to the development subject to the following requirements: 1) Such signs shall contain only the name ofthe development, the insignia or motto of the development and shall not contain promotional or sales material. 2) Any project identification sign(s) shall not exceed one hundred (100) square feet, excluding mounting surfaces(s) or structures(s). Where signage is affixed on an integral part of a wall or fence, the face of sign(s) may protrude above the upper edge of the wall or fence but remains subject to height restrictions. 3) No project ide,~tification sign(s) shall exceed a height of eight (8) feet above 7-5 the finished ground level of the entire parcel. 4) Project identification signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. B. One (1) ground or wall sign may be located along each of the Pine Ridge Road and future Livingston Road frontages for the purpose of promoting the development or any major use within the developmet. t, subject to the following requirements: 1) Any promotional sign(s) shall not exceed one hundred (100) square feet, excluding mounting surface(s) or structures(s). 2) No promotional sign(s) shall exceed a height of ten (10) feet above the average ground level of the site. 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. C. Residential directional or identification signs, no greater than six (6) square feet in size, and located internal to the development shall be permitted. Such signs shall only be used to identify the location, or direction of approved uses such as models or model centers, sales offices, information centers, recreation centers, or the individual components of the development. Directional or identification signs maintaining a common architectural theme, may be combined into single sign(s) not to exceed eight (8) feet in height, and thirty-six (36) square feet in area. D. Two (2) ground, wall or gate internal project identification signs may be located at each internal entrance to a multi-family or single-family development area subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotional or sales material. 2) Any intemal project identification sign(s) shall not exceed one hundred (100) square feet, excluding mounting surface(s) or structure(s). Where signage is affixed on an integral part of a wall or fence, the face of sign(s) may protrude above the upper edge of the wall or fence but remains subject to height restrictions. 3) No internal project identification sign(s) shall exceed a height ofeight (8) feet above the average ground level of the site. 7-6 4) Internal project identification signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. 7.13 POLLING PLACES: Pursuant to Section 2.6.30 of the County's Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An agreement recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of,such common areas including homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 7-7 KENSINGTON PARK P.U.D. MASTER PLAN - EXHIBIT A ~'~ t..,,,.,, '[1 l \.,. jo.:S S r.. ~ I1~'~~ WI S AMF..RICA McANLY ENGINEERING ~xsc,,,,-r~: AND DESIGN, INC. ' KENSINGTON PARK P.U.D. AMENDMENT MASTER PLAN KENSINGTON PARK "r~ P.U.D. TRACT MAP - EXi..fiBIT B · 'r .,r/ cA' ~ "la} AC, '1m' PII:I~W'I ARf,.A 2OAC,, "l' I. Iq:tRARIM, 7AC. TOT,M, 370 'l' McANLY ENGINEERING ;~,c~,: AND DESI.GN,_ INC. I~. PUD TRACT · 33, T 4l I. I ~ 1' C0~ COrM'Z1t. rl,OltJOA {~11 ~ ~ EXHIBIT C 23 P~uc 24 15 '. 20 NAPLE' N-T.S. ' · ._ ... VICInitY ~AP." DIVISION 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. 98-8 Which was adopted by the Board of County Commissioners on the 27th day of january 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of January, 1998. DWIGHT E. BROCK Clerk of Courts and~61erk Ex-officio to Board.,~6f County CommissionerS' Deputy Clerk