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Ordinance 99-42 ORDINANCE NO. 99- 42 /:','? .... \ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE .... ,' ~,~ "COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES <" ""'i~ THE COMPREHENSIVE ZONING REGULATIONS FOR THE :,, x L' 'iUNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY ~' "~ ~,~ t! j/i AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 160102; BY ~'(!:~i!':, c~::.;' CHANGING THE ZONING CLASSIFICATION OF THE HEREIN "'% '% ~ ..re)/ DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "''<~' :,!...~ ......PUD" PLANNED UNIT DEVELOPMENT KNOWN AS NAPLES RESERVE d~L~C~.!:~!j?'~i'e~ GOLF CLUB, FOR A MAXIMUM OF 552 RESIDENTIAL DWELLING UNITS, 3.5 ACRES OF VILLAGE COMMERCIAL AND TWO 18 HOLE GOLF COURSES FOR PROPERTY LOCATED ONE MILE NORTH OF U.S. 41 AND TWO MILES EAST OF C.R. 951, IN SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 688+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert C. Duane, AICP, of Hole, Montes and Associates, Inc., representing Naples Reserve Golf Club, Inc., petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW, THEREFORE BE IT ORDAINliD by the Board of County Commissioners of Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 1, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Naples Reserve Golf Club PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 160102, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: 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 g~-dayqf' ~ ,1999. . ,j6ic !i U "L .. ", itteS ms iO 'Chmi 'S sl ature 13- This oralthose film with the Approved as to Fore S~reto~ of Stote' Office the and ac~ow emen filing received this ~ Y , . 9f Assistant Co~ A~omey Y -1- NAPLES RESERVE GOLF CLUB A PLANNED UNIT DEVELOPMENT EXHIBIT A Prepared by: HOLE, MONTES AND ASSOCIATES, INC. 715 Tenth Street South Naples, Florida 34102 February 1999 Revised May, 1999 HMA File No. 1998052 Date Reviewed by CCPC: Date Approved by BCC: Ordinance No. Amendments & Repeals EXHIBIT A TABLE OF CONTENTS Page , SECTION I - Statement of Compliance ..........................................................................................1 SECTION II - Property Ownership, Legal Description, Short Title and Statement of Unified Control ...................................................................................3 SECTION III- Statement of Intent and Project Description ...........................................................4 SECTION IV o General Development Regulations .........................................................................5 SECTION V - Permitted Uses and Dimensional Standards for Residential Development .............9 SECTION VI - Permitted Uses and Dimensional Standards for Golf Course Development ......13 SECTION VII - Permitted Uses and Dimensional Standards for the Village Neighborhood Commercial Center ........................................................15 SECTION VIII - Environmental Standards ...................................................................................16 SECTION IX - Transportation Requirements ...............................................................................17 SECTION X - Utility and Engineering Requirements ..................................................................18 SECTION XI - Water Management Requirements .......................................................................20 EXHIBITS Exhibit A - PUD Master Plan Exhibit B - Legal Description SECTION I Statement of Compliance The development of approximately six-hundred eighty-eight (688) acres of property in Collier County, as a Planned Unit Development, to be known as Naples Reserve Golf Club, 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 Naples Reserve Golf Club will be consistent with growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The property is located in both the Urban Residential Fringe District and the Agricultural/Rural area as designated on the Future Land Use Element of the Collier County Growth Management Plan. 2. The purpose of the Urban Residential Fringe Subdistrict is to provide transitional densities between the Urban Residential area designated on the Future Land Use Map and the Agricultural/Rural area. Based on the 318.4 acres within this district that permits a maximum density of 1.5 dwelling units per acre, a total of four-hundred and seventy-eight (478) dwelling units are permitted with the Urban Residential Fringe district. 3. The Agricultural/Rural district permits low density residential development amongst other land uses. Based on a density of one (1) dwelling unit per five (5) acres and 369.6 acres located within this area seventy-four (74) dwelling units are permitted. The cjustering of development within the Agricultural/Rural area may be found consistent with the Future Land Use Element so as to create more functionally useable open space and to conserve natural resources. 4. A total of 551.56 or five-hundred fifty-two (552) dwelling units are permitted on the property in its entirety and may be found consistent with the Collier County Growth Management Plan including objective 1, of the Future Land Use Element. (See also Section 5.3 of this Ordinance). 5. The subject property's location in relation to the existing or proposed community facilities and services penits the development's residential density as required in Objective 2 of the Future Land Use Element. 6. 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. -1- 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 8. 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. 9. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 10. Provisions are incorporated into the PUD for a Neighborhood Village Commemial Center limited to a maximum of 3.5 aci'es within portions of the property designated for the Residential Urban Fringe District. The Neighborhood Village Commercial Center is designed to minimize external trips to and from the project for limited commercial goods and services. Provisions incorporated into the PUD for the Neighborhood Village Commercial Center are not effective until the FLUE EAR amendments become legally effective. 11. All final Development Orders for this project are subject to the Collier County Concurrency Management System, as implemented by the Adequate Public Facilities Ordinance. -2- : ,- ,: SECTION II Property Ownership, Legal Description, Short Title and Statement of Unified Control 2.1 Property Ownership The subject property is currently owned by the Naples Reserve Golf Club. 2.2 .Legal Description , Section 1, Township 51 South, Range 26 East, Collier County, Florida, and, more particularly, described in Exhibit "B". Aeces~ is provided through Section 12, Township 51 South, Range 26 East. 2.3 General Description of Property The property is located approximately one mile north of US-41 and one and one half(1 ~) miles east of CR-951. The zoning of the subject property prior to the application for rezoning is Rural Agriculture (A). Physical Description The subject property is currently vacant and approximately seventy-five percent (75%) of the site has been previously cleared for agricultural development. The site currently drains from the northeast to the southwest where the project will outfall to US-41 and then into Henderson Creek. Soil types on site are: (2) Holopaw fine sand, limestone substratum, (3) malabar fine sand, (10) Oldsmar free sand, (14) Pineda free sand, limestone substratum, (17) Basinger firte sand, (25) Boca, Riviera, Limestone Substratum, and Copeland Fine Sands Depressional and (49) Hallandale and Boca fine sands. The property is located in two Flood Zones. Approximately sixty percent (60%) of the property is located in Flood Zone (AE-7) and forty percent (40%) is located in Flood Zone X. 2.4 Short Title This ordinance shall be known and cited as the "Naples Reserve Golf Club Planned Unit Development Ordinance". 2.5 Statement of Unified Control This statement represents that the current property owner has lands under unified control for the purpose of obtaining PUD zoning on the subject property. Development of this Planned Unit Development will occur in accordance with the Planned Unit Development regulations contained herein and any conditions approved with the Rezone Petition as described and agreed to within the PUD Ordinance. -3- SECTION III Statement of Intent and Project Description 3.1 Introduction It is the intent of this ordinance is to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC) that will permit five hundred fifty-two (552) dwelling units for the subject property. The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description The project is comprised of 688 acres located within the northern half of Section 1, Township 51 South, Range 26 East. Access to Naples Reserve Golf Club is provided f~om an eighty (80) foot wide easement extending south through Section 12, Township 51 South, Range 26 East to US-41 for a distance of one thousand nine-hundred fifty (1,950) feet. The project will provide for a range of homing types, including single family and multi-family development at a gross density of 0.80 dwelling units per acre and includes two eighteen (18) hole golf courses, a clubhouse and other project recreational amenities. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan contains one (1) tract for the golf club, thirteen (13) tracts for residential use, and miscellaneous areas and tracts that are proposed to be used for vegetation preservation, recreation, lakes, street rights-of-way, or a Neighborhood Village Commercial Center. The PUD Master Plan is designed to be flexible with regard to the placement of buildings, tracts and related utilities and water management facilities. More specific commitments will be made at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, the LDC and Local, State and Federal permitting requirements. All tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. B. The anticipated time of build-out of the project is approximately ten (10) years ~'om the time of issuance of the first building permit. -4- SECTION IV General Development Regulations The purpose of this Section is to set forth the development regulations that may be applied generally to the development of the Naples Reserve Golf Club Planned Unit Development and Master Plan. 4.1 General The following are general provisions applicable to the PUD Master Plan: A. Regulations for development of the Naples Reserve Golf Club PUD shall be in accordance with the contents of this document, the PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and the Collier County Growth Management Plan in effect at the time of issuance of any development order to which said regulations relate which authorizes the construction of improvements. The developer, his successor or assignee, agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. . C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Naples Reserve Golf Club PUD shall become part of the regulations that govem the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15 Adequate Public Facilities of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. -5- 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities. This will be in compliance with applicable regulations in effect at the time~onstmction plans and plat approvals are requested. 4.4 Amendments to the Ordinance The proposed PUD Master Plan is conceptual in nature and subject to change within the context of the development standards contained in this ordinance. Amendments to this Ordinance and PUD Master Plan shall be made pursuant to Section 2.7.3.5 of the Collier County LDC, as revised, in effect at the time the amendment is requested. 4.5 Project Plan Approval Requirements Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with PUD approval, a Preliminary Subdivision Plat (if required) shall be submitted for the entire area covered by the PUD Master Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to the recording of the fmal subdivision plat, when required by the Subdivision Regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County govemmental agencies to ensure compliance with the PUD Master Plan, the County Subdivision Regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans shall be applied to all platted parcels, where applicable. Should no subdivision of land occur, Section 3.3 shall be applicable to the development of all tracts as shown on the PUD Master Plan. -6- 4.6 Provision for Offsite Removal of Earthen Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, offsite disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby offsite removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. B. A timetable to facilitate said removal shall be submitted to the Development Services' Manager for approval. Said timetable shall include the length of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 of the LDC are applicable. 4.7 Sunset and Monitoring Provisions Naples Reserve Golf Club PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans and Section 2.7.3.6 Monitoring Requirements. 4.8 Polling Places Any public community recreation/public building/public room or similar common facility located within the Naples Reserve Golf Club PUD may be used for a polling place, if determined necessary by the Board of County Commissioners upon recommendation of the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. 4.9 Native Vegetation The project will meet the native vegetation requirements of Division 3.9, Vegetation Removal, Protection and Preservation of the LDC for the subject property. 4.10 Open Space In addition to the areas designated on the PUD Master Plan as buffers and lakes, open space will be allocated within each subsequent development area. Open space may be in the form of landscaping, additional buffers, passive or active recreation areas and water management facilities. The total aggregate of such open space areas shall meet or exceed the open space requirements of Sec. 2.6.32 of the LDC, which is met by open space areas provided for on the PUD Master Plan. -7- 4.11 Archaeological Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property. 4.12 Common Area Maintenance Common Area Maintenance, including the maintenance of common facilities, open spaces, and water management facilities shall be the responsibility of a home owners' association to be established by the developer. 4.13 Architectural and Site Design Standards Development of the Village Neighborhood Commercial Center internal to the project shall be subject to Division 2.8 of the LDC. -8- SECTION V Permitted Uses and Dimensional Standards for Residential Development 5.1 PurpOse The purpose of this Section is to identify permitted uses and development standards for areas within the Naples Reserve Golf Club PUD designated for residential development on the PUD Master Plan, Exhibit "A". 5.2 Maximum Dwelling Units Five'hundred fifty-two (552) dwelling units are permitted within the Naples Reserve Golf Club PUD, based on a density of (1.5) dwelling units per acre in the Urban Residential Fringe area and one (1) unit per five (5) acres in the Rural/Agricultural area as set forth in Section I, the Statement of Compliance. 5.3 Distribution of Dwelling Units Dwelling units permitted in the Urban Residential Fringe and Agricultural/Rural area may not exceed their underlying density as set forth in the Statement of Compliance in Section One (1) until such time as the Future Land Use Element of the Collier County Growth Management Plan is mended in such a way that dwelling units may be shifted from the Urban Residential Fringe to the Agricultural/Rural area. 5.4 Cjustering Dwelling units may be cjustered in thj Agricultural/Rural area on lots less than one (1) dwelling unit per five (5) acres in accordance with the development standards provided in Section 5.7 of this Ordinance and in areas further depicted on the PUD Master Plan for residential development. 5.5 General Description The PUD Master Plan designates the following uses for areas designated on the PUD Master Plan. -9- TRACT ACRES 1. RESIDENTIAL TRACTS 4-133.0 19.3 % 2. RIGHTS-OF-WAY 4-38.1 5.5% 3. LAKES 4-119.5 17.4% 4. PRESERVE AREAS 4-68.0 9.9% 5. GOLF COURSE/OPEN SPACE 4-315.8 45.9% 6. GOLF COURSE CLUB HOUSE 4-11.4 1.7% 7. GOLF COURSE MAINTENANCE 4-2.2 0.3% TOTAL 4-688.0 100% The approximate acreage of residential tracts is depicted on the PUD Master Plan. Actual acreage of all development tracts including the size and location of the Neighborhood Village Commercial Center will be provided at the time of Site Development Plan or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2, respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. 5.6 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: 1. Principal Uses: (a) Single Family Detached. Dwellings (b) Zero-Lot Line Dwellings (c) Two-family and Duplex Dwellings (d) Single Family Attached and Townhouse Dwellings (e) Multi-family Dwellings, including Garden Apartments (f) A Neighborhood Village Commercial Center in accordance with the requirements of Section VII of this Ordinance. (g) Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with residential uses. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, including recreational facilities, maintenance facilities and clubhouse. - 10- 5.7 Development Standards TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS PERMITTED:USESi ~S~(3LE~'~ ~ZERO LOT.-~.iiii~,~;i:TWO FAMILY!iii,SIN(3LE FAMILYii!.,~ M~m Lot ~e~ 6,000 S.F. 3,500 S.F. 3,500 S.F.{u 3,000 S.F. per du. I AC M~m Lot Wid~~=~ 60 35 35 30 150 Front Y~d 25°~ 15 15 20 25 Side Y~d°~ 7.5 {4~ 0 or 5 0 or 5 0 or .5 BH' "' 0 or .5 BH Re~ Y~d Prhcipil 20 ..... 10 ..... "15 2~' "25 'Re~ Y~d Accesso~ 10' S 5 10 10 M~ BulldOg 3S 35 3S 35 '~0c7~ Hei~t Disrace Be~een N/A N/A N/A 10 .5 SBH S~cmres Floor Area M~. (SF) 1200 1200 1200 1000 600 All disraces ~e in feet ~ess o~c~sc noted. BH = Building Height SBH = S~ of B~Iding Heights 1. Each half of a duplex ~t requ~es a lot ~ea ~location of ~-~ve h~&ed (3,500) S.F. for a to~ m~ lot ~ea of seven ~ous~d (7,000) S.F. 2 Minimum lot width may be reduced by twenty (20) percent for cul-de-sac lots or lots located on curvilinear streets provided the minimum lot area is still maintained. 3. Accessory uses such as pool enclosures may be attached to principal uses. 4. Where the zero (0) feet yard option is utilized, the opposite side of the structure shall have a five (5) foot side yard. 5. Single-family dwellings which provide for two (2) parking spaces within an enclosed garage and provide for guest parking other than private driveways may reduce front yard requirements to five (5) feet for the garage and fifteen (15) feet for the remaining structures. Side entry garage setbacks may be reduced to twelve (12) feet. 6. Building height shall be the vertical distance from the first f'mished floor to the highest point of the roof surface of a flat or Bermuda roof, to the deck line or a mansard roof and to the mean height level between caves and ridge of gable, hip and gambrel roofs. Accessory buildings shall be limited to twenty (20) feet above grade. -11- 7. Within the Agricultural/Rural portions of the property as designated on the Future Land Use Map and on the PUD Master Plan, building heights shall be limited to a maximum of thirty-five (35) feet within one-hundred (100) feet of adjacent Agricultural/Rural lands. 8. Only one residential dwelling unit type shall be permitted on any tract designated for residential use. Where different dwelling unit types are planned on adjoining tracts, they shall be separated by recreational facilities, common areas, or landscape buffers. 9. Landscaping shall meet or exceed the requirements of Section 2.4 of the LDC. Landscaping and signage shall also be uniform at each signature entranceway into individual tracts, which shall also promote a similar theme throughout the planned development. 10. Perimeter buffers shall only be required for the boundary of each tract at the time it is developed. Buffering may be required during the site plan review process of all or some remaining tracts as determined appropriate by the Development Services Director, based on the type of use and proximity to residential use. 11. All signage shall be in conformance with Division 2.5 of the LDC. 12. All parking shall be in couformance with Division 2.3, Off-Street Parking and Loading. 13. Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road right-of-way. 14. Within each individual tract, architectural standards shall be unified with regard to colors, roof lines, and textures, so as to create a uniform architectural standard for each individual tract for all multi-family or attached single-family units. 15. Single or multi-family use is permitted on each tract designated "R" on the PUD Master Plan. -12- SECTION VI Permitted Uses and Dimensional Requirements for Golf Course and Golf Driving Range 6.1 Purpose The purpose of this Section is to set forth the regulations for tract one (1), the Golf Club area, and for the Golf Driving Range, which are depicted on the PUD Master Plan. 6.2 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Club House 2. Golf Course 3. Golf Driving Range 4. Sales Centers and Construction Offices 5. Maintenance/Storage Facilities 6. Any other principal uses and structures customarily associated with Golf Course related uses and are determined to be compatible by the Development Services Director. B. Permitted Accessory Uses and Structures 1. Clubhouses, pro-shop, prac.tice driving range and other customary accessory uses of golf courses, or other recreational facilities. 2. Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 3. Multiple tennis courts, shuffleboard courts, swimming pools, and other types of facilities intended for outdoor recreation common to a country club. 4. Roads, pathways, accessory uses and structures customarily associated with the permitted use, including but not limited to utility structures, water management facilities, restrooms, maintenance shops and equipment storage facilities, non-commercial plant nursery, and similar related accessory uses. 5. Any other principal uses and structures customarily associated with Golf Course related uses and axe determined to be compatible by the Development Services Director. -13- 6.3 Property Development Regulations A. General Requirements 1. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2. Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. B. Maximum Height of Structures Three (3) stories, or thirty-five feet. C. Parking As required by Section 2.3 of the Collier County LDC. D. Landscaping As required by Section 2.4 of the Collier County LDC. E. Signage As required by Section 2.5 oft.he LDC. However, two (2) signs with a maximum of one hundred (100) square feet each or one (1) sign with a maximum area of one-hundred sixty (160) square feet shall be permitted at the entrance to the project on US-41. -14- SECTION VII Neighborhood Village Commercial Center 7.1 The purpose of this section is to set forth the development regulations that may be applied to the Neighborhood Village Commercial Subdistrict which may be sized up to 3.5 acres in accordance with the FLUE EAR amendments when they become legally effective. The location of the Neighborhood Village Commercial Center may be located on any tract designated for residential uses on the PUD Master Plan that is conveniently located to provide limited commercial goods and services to project residents and meets the locational criteria of Section 2.2.20 of the LDC and is further located only in the Urban Residential Fringe Subdistrict. as depicted on the Future Land Use Map. 7.2 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal Uses Those permitted uses in the FLUE EAR amendments when they become legally effective. B. Accessory Uses and Structures Accessory uses and structures customarily associated with permitted uses in the Neighborhood Village Commercial Center. 7.3 Development Regulations All regulations pertaining to locational requirements, parking, landscaping, signage, height, setbacks, design guidelines, and project phasing amongst other requirements shall be those set forth in the FLUE EAR amendments when they become legally effective. -15- SECTION VIII Environmental Standards The purpose of this Section is to set forth the environmental commitments of the Project Developer. 8.1 Preserve Areas are generally depicted on the PUD Master Plan and are permitted to be used for open space and passive recreational use only. All preservation areas shall be designated as 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. Buffers shall be provided in accordance with Subsection 3.2.8.4.7.3 of the LDC. 8.2 Petitioner shall be subject to the Collier County Growth Management Plan Policy 12.1.3 contained in the Conservation and Coastal Management Element (discovery of a archaeological or historical site, artifact or other indicator of preservation). 8.3 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 Staff. Buffers shall be provided around wetlands, extending at' least ill'teen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by Current Planning Environmental Staff. 8.4 Native vegetation preservation shall co. nform to the requirements of Subsection 3.9.5.5.4 of the Collier County LDC and the Preserve Areas, shall be generally provided for as depicted on the PUD Master Plan, Exhibit A. 8.5 An exotic vegetation removal, monitoring and maintenance (exotic free) plan for the site, with emphasis on the Preservation Area, shall be submitted to the Current Planning Environmental Staff for review and approval prior to Final Site PlardConstmction Approval. A schedule for exotic removal within all Preservation Areas shall be submitted with the above-mentioned plan. 8.6 Petitioner shall comply with the guidelines and recommendations of the U.S. Fish & Wildlife Service CUSFWS) 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 these protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to Final Site Plan/Construction Approval. 8.7 The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals. -16- SECTION IX Transportation Requirements The purpose of this Section is to set forth the transportation commitments of the project development. 9.1 The developer shall provide arterial level street lighting of the project entrance at the intersection of US-41. Such lighting shall be in place prior to the issuance of any Certificate of Occupancy. 9.2 The road impact fee shall be as set forth in 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. 9.3 Internal access improvements shall not be subject to impact fee credits and shall be in place before any certificates of occupancy are issued. 9.4 All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 9.5 Roads internal to the project including the eighty foot access road south of the subject property onto US-41 may be private at the option of the developer. 9.6 The developer shall provide left and right tum lanes at the project entrance on US-41, prior to the issuance of the first Certificate of Occupancy for the fhst habitable structure. -17- SECTION X Utility and Engineering Requirements The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 10. 1 Utilities 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. 88-76, as mended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide sewer service to the project, the sewer customers shall be customers of the interim utility established to serve the project until the County's offsite sewer facilities are available to serve the project or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. C. Prior to approval of construction documents by the County, the developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the developer to provide sewer service to the project until the County can provide these services through its sewer facilities or septic tanks meeting the requirements of Florida Statutes may be used on an interim basis. D. The utility construction documents for the project's sewerage system shall be prepared to contain the design and construction of an onsite force main, which will ultimately connect the project to the future central sewerage facilities of Collier County. The force main must be interconnected to the pump station with appropriately located valves to permit for simple redirection of the project's sewage, when connection to the County's central sewer facilities becomes available. E. Prior to or at the time of submission of construction plans and final plat for the project, the potable water supply fxom the Collier County Water-Sewer District to serve this project shall be installed adjacent to the property and be in service. -18- 10.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless detailed paving, grading, site drainage and utility plans shall be submitted and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. A copy of the SFWMD Surface Water Management Permit must be received by the Development Services staff prior to any construction drawing approvals. C. Subdivision of the site shall require platting in accordance with Section 3.2 of LDC to define the right-of-way and tracts shown on the PUD Master Plan. D. The developer and all subsequent owners of this project shall be 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, including but not limited to Preliminary Subdivision Plats, Site Development Plans and any other applications that will result in the issuance of a final development order. E. The development will provide adequate right-of-way for future turn lanes at the project entrance and the design will be coordinated with the Office of Capital Projects Management. Said improvements will be made prior to the issuance of a Certificate of Occupancy for the Country Club and related uses including interim clubhouse facilities. -19- SECTION XI Water Management Requirements The purpose of this Section is to set forth the water management commitments of the project developer. 11.1 Detailed paving, grading and site drainage plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. 11.2 Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC, except that excavation for water management features shall be allowed within twenty (20) feet from side, rear or abutting property lines with side, mar or abutting property lines fenced. 11.3 Landscaping may be placed within the water management area in compliance with the criteria established within Section 2.4.7.3 of the LDC. 11.4 The wet season water table elevation shall be established at the time of South Florida Water Management District permitting, which is required for the subject property. - 20 - LAND USE SUMMARY L E G E N D RF.,SIDENliAL 1RACTS 133.0:1: Ac, 19.3X RIGHTS-OF-WAY 38.1:1: Ae. 5.5X ~ RE:S~DENTIAL FRINGE SUBCNSTRICT (318,42 AC,) ~ 119.5~ At. 17.4X PRF.~ERW,.S 68.0~ Ac, 9.9X ~ AQRICUI.TURJU,/RURAL SUBDIS1RICT ~ GOLF COURt/OPEN SPAC( 315.8~ Ac, 45.9~ (369.64 AC.) GOLF COURSE Ct,UBHCX~ 11.4i Ac, 1.7X R R~TIAL N GOt/COURSE MNNTENANCE 2.2~ Ac, 0.3X TOTAL 688:1: Ac, lOOfC  RESIDENTIAL DENSITY J RESIDEN11AI, FRINGE: 478 DU'S AGRICULTURAI,/RURAL74 DU'S TOTAL 552 DU'S 0 500 1000 Scole in Feet EXHIBIT "A" I'IOI..F.,~~ & A88(X~'IE~ IItO. NAPLES RESERVE - ge.52 ' ~oe~ GOLF CLUB PUD o,,t, rr: m,. ~ .o IR,Ale!RI- LMF 9852EX~ fie lolk aired k Ik~ F!, 34102 - lanes: (941) m--4s17 ~/gg _ Exhibit B LEGAL DESCRIPTION SECTION 1, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. W:\1998\19980~2Xrlci~PUD-90210.doc - 22 - 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. 99-42 Which was adopted by the Board of County Commissioners on the 8th day of June, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of June, 1999. DWIGHT E. BROCK Ex-officio to Boards'Of County Commissione~! By: Ellie .offman, Deputy Clerk