Loading...
Ordinance 98-085 ORDINANCE 98- 85 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0629N, 0630, 0631, 0632N, 0632S AND 160506 BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS LELY LAKES GOLF RESORT, FOR PROPERTY LOCATED SOUTH OF EAST TAMIMI TRAIL (U.S. 41), APPROXIMATELY ONE MILE SOUTHEAST OF THE INTERSECTION OF EAST TAMIAMI TRAIL AND RATTLESNAKE HAMMOCK ROAD (CR-864), IN SECTIONS 29, 30, 31 & 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST AND SECTION 5, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 1,559 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 93-32, THE FORMER LELY LAKES PUD AND ORDINANCE NUMBER 86-18, THE FORMER NAPLES R & D PARK AT LELY PUD. AS AMENDED; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bruce A. Rankin, R.L.A., of Wilson, Miller, Barton & Peek, Inc., representing Lely Development Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; SECTION ONE: The Zoning Classification of the herein described real property located in Sections 29, 30, 31 & 32, Township 50 South, Range 26 East and Section 5, Township 51 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps nttmbered 0629N, 0630, 0631, 0632N, 06325 and 160506, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. -1- .SECTION TWO: Ordinance Number 93-32, known as the Lely Lakes PUD, adopted on June 8, 1993, by the Board of County Commissioners of Collier County and Ordinance Number 86-18, as amended, known as the Naples R & D Park at Lely PUD, adopted on May 6, 1986 by the Board of County Commissioners of Collier County, are hereby repealed in their entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /-3 day of _2/~es_L, 1998. ATT~T.:t.,.-.", BOARD OF COUNTY COMMISSIONERS .D~IGHT.E...f~ReCK~ Clerk COLLIER COUNTY, FLORIDA '~ProvedI las 6~;Form and Legal Sufficiency , Thls ordl.ar~e fired wwth ","v""' S~reta~ ~f Sto~c's O{rlc: ~ho and ackncw~edo~m~f Assfs~an~ County Attorney f/bryan/ Lely La~es Solf ~esort -2- LELY LAKES GOLF RESORT A PLANNED UNIT DEVELOPMENT 1,559-A: Acres Located in Sections 29, 30, 31 and 32 Township 50 South, Range 26 East and S~ction 5, Township 51 South, Range 26 East, Collier County, Florida PREPARED FOR: LELY DEVELOPMENT CORPORATION 8825 Tamiami Trail East, Suit~ 25 Naples, FL 34113 PREPARED BY: WILSON, MILLER, BARTON & PEEK, INC. 3200 Bailey Lane, Suite 200 Naples, Florida 33942 DATE FILED DATE APPROVED BY CCPC DATEAPPROVEDBYBCC 10/13/98 ORDINANCE NUMBER 98-85 1~7/gl-471 l$ Vmr, 0~-W AftMOLD i TABLE OF CONTENTS PAGE STATEMENT OF COMPLIANCE AND SHORT TITLE il SECTION I EEGAL DESCRIPTION, PROPERTY OWNERSHIP, & 1-1 GENERAL DESCRIPTION SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL 3-1 SECTION IV RESORT/VILLAGE 4-1 SECTION V COMMERCIAL 5-1 SECTION VI GOLF COURSE/OPEN SPACE 6-I SECTION VII CONSERVATION 7-1 SECTION VI 11 GENERAL DEVELOPMENT COMMTrMENTS 8-1 EXHIBIT A LELY LAKES GOLF RESORT MASTER PLAN (WMB&P Fil~ No. E0599-01) EXHIBIT B LELY LAKES GOLF RESORT SURFACE WATER MANAGEMENT PLAN EXHIBIT C LEGAL DESCRIPTION STATEMENT OF COMPLIANCE The purpose of this section is to express the intent of the Lely Development Corporation, hereinafier referr~ to as Lely or the Developer, to create a Planned Unit Development (PUD) on i ,559~ acres of land located in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East, and Section 5, Township 51 South, Range 26 East, Collier County, Florida, The name of this Planned Unit Development shall be Lely Lakes Golf Resort. The development of Lely Lakes Golf Re:sort will be in compliance with the planning goals and objectives of Collier County as set forth in the Growth Management Plan. The development will be consistent with the growth policies and land development regulations adopted thereunder of the Growth Management Plan Future Land Use Element and o|her appli,cable regulations for the following reasons: i. The subject property is within the Urban Mixed Use Residential District/Urban Coastal Fringe Subdistrict as identified on the Future Land Use Map as rcquircd in Objective 1, of the Future Land Use Element (FLUE). The purpose of the Urban Mixed Use Residential District/Urban Coastal Fringe Subdistrict is to provide for transitional densities between the Conservation Dc~igulcd Ar~ and the Urban Designated Aru. In order to facilitat~ hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Ar~a, residential densities are limited to a maximum of four (4) dwelling units 2. The proposed residential density of Lely Lakes Golf Resort is one-half(If2) dwelling unit per acre and is less than the maximum density permlttai by the FLUE Density Rating Systcm and is therefore consisttrot with FLUE Policy 5.1. The entire subject property qualifies for a base density of three (3) units per acre (base density of four (4) units per acre, less one (1) unit per acre due to location in traffic congestion area). 3. The 150 room hotel and accessory retail, service sad meeting room uses proposed to be located within the Resort/Village are consistent with the density rating systan of thc Future Land Use Element of the Growth Management Plan. Staff' has previously interpreted that uses consistent with the RT zoning district are permissible throughout the Urban Area, subject to the density rating system. The proposed hotel density of .5 dwelling units p,:r acre is consistent with the three (:3) dwelling units per acre permitted by the Future Land Use Element 4. The 10,000 square feet of retail commercial uses located in the ResoNVillage, independent of the hotcl uses, arc consistent with the Future Land Use Element, PUD Neighborhood Commercial Subdistrict. The Future Land Use Element permits PUD's of 300 tacr~ or more, or 1,000 dwelling units or more, to develop a neighborhood commercial center subject to the following standards: , Commacial zoning shall be no closa than two miles to the nearest Activity C. cnta and no closer tlum two miles from the nearest PUD commercial zoning of ten acres or greater in size. ie"~N-6l Is Vt.. $I~-WA/tNG.,D 140HI.UI-~OO-ffO~21641 111 · Tho configuration of the commercial parcel shall allow no more frontage than depth. · The commercial parcel shall be no greater than 15 acres in size; and · No construction in the commercial designated area shall be allowed until 50% of the building permits for the development are issued unless otherwise authorized by ',he Board of County Commissioners. The 10,000 square feet of R~onNillage commercial uses arc located in excess of two miles from the commercially designated portions of the Collier DRI (Sabal Bay) and from Activity Center Number 17. The Board of Cotmp/Commissioners has authorized conslxuction of p~c co~ial uses without restriction to the number of building permits issued for the project. 5. The l0 acrcs designated as Commereial on thc Lely Lakes Golf Resort PUD Master Plan is consistent with the EAR-based Future Land Use Element of the Growth Management Plan, Ordinance 9747. Under Policy 5. I and 5.12 of the FLUE, zoning which is eumm~y in compliance with the Industrial Under Criteria provision, may be mended so long as the intensity of use is not increased. Ordiaance 88-84 authorized the Naples R&D Park at Lely PUD which consisted of 64.8 acres of light industrial and commercial usea. The proposed I 0 sa'es of commercial use~ represents a substantial decrease in intensity as it genenm~ fewff Iraffic lri~ tlum the uses authorized u~ler Grdinancc 88-84 and is a more compatible Ek-v~loptnent of the commercial uses authorized in Section V of this PUD shall not be permitled until such time as the Future Land Use Element of the Growth Management Plan providing for reductions in intensity to properties formerly deemed consistent with the Industrial Under Criteria is determined to be legally effective as provided by Subsection 163.3189(2~, Florida Statutes. 6. Lely Lakes Golf Resort PUD is compatible with and complementary to existing and futug mundLng land uses as rcquircd in Policy 5.4 of the FLUE. 7. lmlxoveme~ ar~ planned to be in oomplianeo with applicable land development regulations as set forth in Objective 3 of the FLUE. 8. The developmere of Lely Lakes Golf Resort PUD will result in an efficient and economical extension of community facilities and service~ as required in Policy 3.1. of the FLUE. 9. Lely Lakes Golf Resort PUD is a large scale mixed use community, and is planned to encourage ingenuity, innovation and imagination as set forth in the Collier County Land Development Code (LDC) Planned Unit Development Disuict. IIf~/!14~l II V~. iv 10. Lely Lakes Golf P,~sort PUD is phtu~ to incorporate natural systems for wa~r management in accordance with their unni functions and capabilities as may be required by Objective 1.5 of the Drainage Sub-Element of the Public Facilitie~ Element 11. Lely Lak~ Golf Re~ort PUD is consistent with Policy 5.5 of the FLUE in that it represents the use and development of two previously zoned projecD within the Urban Designated Lan~. SHORT TITLE This ordinance shall be known and cited as the 'LELY LAKES GOLF RESORT PLANNED UNIT DEVELOPMENT ORDINANCE". SECIION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP, AND GENERAL DESCRIPTION 1.1 PURPOSE The purpose of this section is to set forth the legal description and ownership of Lcly Lakes Golf Resort PUD, and to describe the existing condition of the propcrty proposed to be dcvclopcd. 1.,2 LEGAL DESCRIPTION Scc attsched Exhibit "C". 1.,t PROPERTY OWNERSHIP The subject property is ~y under the equitable ownership or control of Lcly Dcvclopmcnt Corporation, or their assigns, whose address is 8825 Tamiarni Trail East, Suite 25, Naples, FL 34113. Dctailcd ownership information is provided within the PUD P, rzonc Application for Public Hcaring packet 1.4 GENERAL DESCRIlrrlON OF PROPERTY A. The project sit~ is located in Sections 29, 30, 31 and 32, Township 50 South, Range 26 East, and Section 5, Township 51 South, Range 26 East. The site is generally bordered on the west by PUD zoned (Collier Dlfl), undeveloped propeTty; on the north by U.S. 41; on the cas~ by Micclli PUD, platled and developed homesilt. s, Zoned RSF-4, RMF-6, and RSF-3, and Agriculturally zoned and unplatted property; and on the soua undeveloped and environmentally sensitive lands, Zoned A/ST. The location of the site is shown on the Vicinity Map (see map on following page). B. The zoning classifications of the subjecl property at the time of PUD application ar~ Lcly Lakes PUD and Naples R&D Park at Lcly PUD. C. Elevations within the site range from +1.0' NGVD to +18' NGVD. Per FEMA Finn Map Paneis No. 120067 605 E and 615 E, dated August 3, 1992, the Lcly Labs Golf Rr..sort property is located within Zoos "AE' (ELS) of the FEMA flood insuran~ rate map. Topographic mapping is shown on Map C of the Lcly Lakes Golf Resort Application for Development Approval. D. Portions of the site have been altered through past and current agricultural uses; how,:vcr, a large portion of the site is envlronn~ntally sensitive. An updated has been submitted, pursuant to Division 3.8 of the LDC. I-2 E. The soil types on the site generally include Basinget fine sand; Boca fine sand, Boca, Riviera, limesmnc substratum and Copeland fine sand, depressional; Immokalee fine sand; Jupiter Boca complex; Oehopee fine sandy loam; Oldsmar fine sand; Oldsmar fine sand, limestone substratum; Paola fine .sand; Pennsueco soil; Chobee, Wintier, and Gator soils, depressional; Durbin and Wulfert Much; FL Drum and Malabar high, fine sand; Hilolo limestone substratum, Jupiter and Margate soils; Holopaw fine sand, limestone subslntum; Pomello fine sand; Satellite fine sand; and Winder, Riviera, limestone ~ubstratum and Chobee soils, depressional. This information was derived from the Soil Survey of Collier County, Flodck F. Lely Lakes Golf Resort contains a variety of vegetative communities, including cropland and pastarcs, woodland pastures, pine fiatwoods, palmetto prairies, mangrove swamin saltwawr marsh and mangroves. A detailed vegetative inventory and map is included in the Application for PUT) Re-zoning packet. G. The project site is located within the Naples Manor Drainage Basin, of the Collier County Water Maaagement District Number 6, as depicted within the Collier County Dnix~e Arias (May, 1990). 1.5 PERMITtED VARIATIONS OF DWELLING UNITS A maximum of 749 dwelling units are permittfl within the Lely Lakes Golf Resort PUD. This maximum of 749 dwellings may include a maximum of 150 hotel/motel units within the area described as ResorttVillage on the PUD Master Plan. The balance of the potential 599 dwelling units may be apportioned and developed as specified in Sections III and IV of this PUD and on the PUD Master Plan. 1.6 DENSITY A. Acreage of Lely Lakes Golf Resort is approximately 1,559 acres and the number of dwelling units authorized to be built punuant ~o ~ PUD is a maximum of 749, including a maximum of 150 hotel/motel units. The hotel/motel units shall be permitted only within the area designated as ResorttVillage on the PUD Mas~ Plan. The gross project density, therefore, will be a maximum of .50 units per acre. B. At all times all property included within Lely Lakes Golf Resort as described in Section 1.2 shall be included in debi,xAning project density, with the exception of the 10 acres designated Commercial on the PUD Master Plaa. SECTION H PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to generally describe the plan of development for Lely Lakes Golf Resort, and to identify relationships to applicable County ordinances, policies, and procedures. :l.2 GENERAL DESCRIPTION OF PROJECr PLAN AND PROPOSED LAND USES A. [,ely Lakes Golf Resort will be developed as a destination golf resort, featuring a howl and conference facility, 36 hole golf course, and a mLxtt~ of semi-private single-family and multi-family residences, whleh will be designed to function as a pedestrian-scaled village. The area identified as ResortNillage will act as the central proje~ core, providing residents ~md guem with opportunities for convenience shopping, personal services, dining, ~ netire recreation, all within e~sy walking distance of their residen~ or gues~ secommodations. B. The Master Plan is iljustmled graphically on Exhibit "A' (WMB&P, Inc. File No. F_A)599-01). A Land Use gummary indicating appmxim~ land use sereages is shown on the plan. The location, size, and configuration of individual tracts shall be determined nI the time of Final Site Development Plan and/or Prelimirury Subdivision Plat approval with minor ~justments at the time of Final Plat approval, in accordance with Section 3.2.7 and 3.3 of the LDC. COMPLIANCE WITH COUNTY ORDINANCES A. Regulations for development of Lely Lakes Golf Resort shall be in nccordance with the contents of this PUD Ordinance and applicable sections of the LDC (to the extent t&y ~re not inconsistent with this PUD Ordinanet) and Growth Management Plan which nre in effee~ nI the time of issuance of my development order to which said regulmions rehste which nuthorizes lhe construction of imlxovements, such as but not limiltxl Io Finsl Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Woxt Authoriz~on. Where this PUD Ordinance, or subsequently ~lopted Community Design Ouidelin~ ez~cl Standard.% does not provide developmental mndards, then the provisions of the ~eifie section of the LDC that is otherwise applicable shall apply. B. Unless otherwis~ defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect a~ the time of development order application. C. Development permitted by the approval of this PUD will be subject to the Adeq,.~te Public Facilities Ordinance, Division 3.15 of the LDC. D. Unless modified, waived or excepted by this PUD or by subsequent request, the pwvisions of other sections of the Land Development Code remain in effect with respect to the developm~t of the land which comprises this PUD. E. All conditions imposed herein or as represented on the Lely Lakes Golf Resort Master Plan are part of the r~gulations which govern the manner in which the land may be developed. F. The Subdivisions Division ofthe LDC (Article 3, Division 3.2) shall apply to [,ely Lak~ Golf Resort, except when an exemption is set forth hereln or othmvise granted punuant to Land Development Code Section 3.2.4. G. The Site D~eloprnent Plans Division of the LDC (Article 3, Division 3.3) shall apply to Lely Lakes Golf Resort, exceVt where an exemption is set forth herein or otherwise granted pursuant to Land Development Code Section 3.3.4. 2.4 COMMUNITY DEVELOPMENT DISTRICT A. The developer may elect to establish the Lely Lakes Golf P-,esor~ Community I)evelopment District (CDD) to provide and maintain infrastructure and community facilities needed to serve the Project. The CDD will constitute a timely, efficient, effe~ve, responsive and economic way to ensure the provision of facilities and inffastructu~ for the proposed d~,elopmenL Such infrastructun as may be co~ ~ed and ~nanc.~d by the CDD shall be subject to, and shall not be inconsistent with, the Collier County Growth Management Plan and all applicable ordinances dealing with planning and permitting of Lely Lakes Golf Resort. B. The land area is amenable to ~ provision by a district that has ~ powen set forth in the charter of a Community Development District under Section 190.006 through 190.04 1, ~. Such a district is a legitimate alternative available both to the County and to the landowner for the fireely and sustained provision of quality inffastrucuge under th~ tern~ and conditions of County development approval. 2.$ ROADWAYS A. Roadways within Lely Lakes Golf Resort may be included as one of the CDD provick~cl infrastructun improvements. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during Preliminary Subdivision Plat approval. The Developer reserves the fight to request substitutions to Code cknfign sUmdaRts in accordance with Se~ion 3.2.7.2 of the LDC. The Developer retains the fight to establish gates, guardhouses, and other access controls as my be deemed appropriate by the Developer on all privately owned and maintained project roadways and wadways built and/or maintained by the Lely Lakes Golf Resort CDD. B. Roadways within Lely Lakes Golf Resort shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following substitutions: 1. Street right-of-way width: The minimum right-ef-way width to be utilized for a local street within the ResoW'Village shall be forty (40) feet 2. The primary project entry wad may be constructed utilizing a rural type roadway cross section, with griped bike/pedestrian lane on one side of the wad, or an altero$~ form of pedestrian and bicycle access provided from the Resort/Village to the project entry. This alternate access may be in the form of sidewalks, walking trails, boardwalks, bike lanes or any combination thereof. Except as specified herein. other project roadways shall be in compliance with Section 3.2.8.3.18 of the LDC. 3. Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb) for all internal project streets and a thirty-five (35) foot radius for intersections at project entrances. 4. Reverse Curves: Tangent shall not be required between reverse curves on any project streets. 2.6 LAKE SETBACK AND EXCAVATION The lake setback requirements described in Section 3.5.7. 1 of the LDC may be reduced with the administrative approval of the Collier County Planning Services Director. All lakes grealer than two (2) acres my be excavated to the nmximum commercial excavation depth set forth in Section 3.5.7.3.1. Removal of fill and rock from Lely hkes Golf Resort shall be sdminisWa~vcly permitted to an mount up to 10 percent Her lake (20,000 cubic yards maximum), unless issued a commercial excavation penniL USE OF RIGHTS-OF-WAY Utilindon of land~ within all project rights-of-way for iandsc~ing, decorative entrance ways, and signage shall be allowed subject to review and administrative approval by the Developer and the Collier County Development Services Director for engineering and safety considerations during the development review process and prior to any installations. On-strea parking shall be permitted within the ResortNillagc m~d credited toward m;,iraum project parking requirements. , 2.8 MODEL HOMES/SALES CENTERS/SALES OFFICES/ CONSTRUCTION OFFICES Model homes, ~les centers, sales offices, construction office, and other uses and structur~ related to the pwmotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazelos, parking areas, tents, and signs, shall be permitted principal uses throughout the Lely Lakes Golf Resort. These uses may be either wet or dry facilities and shall be subject to the rcqui/~r, ients of Section 2.6.33.4 of the LDC, with thc exception that the temporary use permit shall be valid through the life of the project with no examsion of the temporary use required. These uses may use septic tanks or holding tanks for waste disposal subject to permiUing under F.A.C. 10D-6, and may use potable or irrigation wells. CHANGES AND AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Changes and amendments may be rnadc to this PUD Ordinance, PUD Master Plan or Surface Water ~ement Plan as provided in Section 2.7.3.5 of thc LDC. Minor changes and refinements as described herein may be made by the IX-vclopcr in connection with any type of development or permit application required by the LDC. The Planning Services Dinaor shall be authorized to approve minor changes and refinements to the Lely Lakes Golf Re, sort Mast. c-r Plan or Surface Water Management Plan upon wriuen request of the Developer. A. The following limitations shall apply to such requests: I. The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Lely Lakes Golf Resort PUD document 2. The minor change or refinement shall not constitute a substantial change pursuant to Section 2.7.3.5.1. of the LDC. 3. The minor change or refinement ~nll be compatible with adjacent land uses and shall not create detrimental impacts to abuuing land uses, water management facilities, and conswvntion areas wi~fin or ex~m~ to the PUD. B. The following shall be deemed minor changes or refinements: 1. Reconfiguration of lakes, ponds, canah, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. 2. Internal reallFent of rights-of-why other than a relocatlon of access points tothePUD. 3. hconfiguration of residential parcels when there is no encroachment into the conservation azca. C. Minor changes and refinements as described above shall be reviewed by appropriate Collier County staff to ensure that said changes and refinements are othcnvi~ in compliance with all applicable County Ordinances and regulations prior to the Planning Servic~ DLrector's consideration for approval. Minor changes to Su~ac¢ Water Management Plan shall be reviewed by the Stormwater Management Director prior to consideration for approval by the Planning Services Director. D. Approval by th~ Planning Services Director of a minor change or refinement may occur independen~y from and prior to any application for Subdivision or Sin: Development Plan approval, however such approval shall not constitute an authorization for development or implementation of the minor change or refinement without ~m obtaining all other necessary County permits and approvals. COMMON AREA MAINTENANCE Most common area maintenance will b~ provided by the CDD or by a Property Owners' Association. The CDD L$ a legitimat~ alternative for the timely and sustained provision of quality common area infrd.stnxa~ and mahtenan~ trader the terms and conditions of County development approval. For tho$~ m~as not maintained by the CDD, the Developer will crean: a property owners' atsociation or associations, whose functions shall include provision for th~ perpetual maintenance of common facilities and open spaces. The CDD or the property ownera' association, ,t, applicable, shall be responsible for the operation, and reRwes aerving Lely Lakes Golf Pa:sort, in accordanc~ with the provisions of Collier County Ordinance 90-48 and Resolution 90-292, together with any applicable permits fi'om the South Florida Water Management District. LANDSCAPE BUFFERS, BElLMS, FENCES AND WALLS hndga~ buffre, bcu~ fcages and ~ m~ generally permitted u a prk~ipal throughout Lely Li~ Golf P,j~ort. The following stzmdards shall apply: A. hmdscap~ berm$ shall have the following maximum side slopes: !. 2. Ground covered berms 2: I 3. Rip-Rapberms 1:1 4. Structural walled benm - vertical B. Fence or wall maximum lgight: seven feet (7'), ns measm-cd from the finished floor elevation of th~ nearest residential structu~ within the development If the fence or wall is constructed on a lanckv. alx:d berrn, the wall shall not exceed six feet (6~ in height from the top ofb~rm elevation for berrn elevation with an avenge side sloI~ of 4:1 or less, and shall not exceed six feet (6') in height from the top of berm elevation for bernIs with an avenge side slope of greater than 4:1 (i.e. 3:1 ). C. Landscape buffers, berrns, fences and wails may be constructed along the perimeter of the Lely Lakes Golf Re,son PUD boundary prior to preliminary subdivision plat and site development plan submittal. All such areas must be included in a landscape easement or tract on final plats, or identified in a separate recorded instnunent. D. Fences and walls which are an integral part of security and access control structures such as gate houses and control gates shall be subject to the height limitations for principal residential structure. In the cas~ of access control structures within fight- of-ways adjoining two or more different districts, the more restrictive height standard shall apply. E. Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscapa buffers. F. Landscape berms located within the I~ly Lakes Golf Resort boundary and contiguous to a prot~'ty line and/or right-of-way line may be constructed such that the toe of slope is located on the property line and/or right-of-way line. 2.12 FILL STORAGE Fill storage is generally permitted as a principal u.~ throughout L~ly Lakes Golf Resort. Fill material generated from other properties owned or leased by the developer may be transportexl and stockpiled within areas which have been disturbed/farmed. Prior to stockpiling in these locations, the developer shall notify the County Community D~velopment and Environmental Services Administrator. The following standards shall apply: A. Stockpile maximum side slope 2:1 B, Stockpile maximum height: Thirty feet (305 C. Fill storage ar~as in ~xcess of five feet ($~ in height shall be located no closer than ~ hundred feet (3007 from any existing residential unit or residential unit under constxuction. D. Soil erosion control shall b~ provided in accordance with LDC Division 3.7. 2.13 DESIGN GUIDELINES AND STANDARDS A. The Collier County Planned Unit IX'velopment Disixict is intended to encourage ingenuity. innovation and imagination in the planning, d~sign and development or II vet: I~l-Wll..ql:ll) 2-7 redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. B. Lely Lakes Golf Resort is planned as a semi-public, resort community developed under unified control. The Developer has established community-wide design guidelines and standards to ensure a high and consistent level of quality for residential units and related community futures and facilities, which include features and facilities such as landscaping, hardseape, waterscapes, signage, lighting, pedestrian systems, bicycle paths, pavement treatments, ruMway medians, fences, walls, buffers, herins and other similar facilities. C. Areas designated Commercial shall be subject to the Collier County Architectural and Site Design Standards, LDC, Section 2.8. 2.14 PRELIMINARY SUBDMSION PLAT PHASING Submission, review, and approval of Preliminary Subdivision Plats for the project may be accomplished in phases to correspond with the planned development of the property. 2.13 AGRICULTURAL ACTIVITIES The site is currently used for active mw crop agricultunl purposes, and associated and accessory uses thereto. These existing agricultural uses shall be permitted to continue throughout the project site and will be phased out as development occurs within individual parcels. 2.16 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Lely Lakes Golf Resort PUD except in the Conservation Area. General permitted uses are those uses which generally serve the Developer and residents of Lely Lakes Golf Resort and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: I. EsSential services as set forth under LDC, Section 2.6.9. I. 2. Water management facilities and related structures. 3. Temporsxy sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural 5. Guardhouses, gatehouses, and access control structures. , 6. Community and neighborhood parks, recreationa/facilities. 7. Temporary constraction, sales, and administrative offices for the Dcvclopea- and I)cvcloper's authorized contractors and consultants, including necessary access ways, parking areas and rclate. Lt uses. Landscape features including, but not limited to, landscape buffers, bcrms, fences and walls subject to the standards set forth in Section 2.11 of tiff., PUD. 9. Fill storage abject to the standards set forth in Section 2.12 of this PUD. 10. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to bc compatible. B. Development Standards: Unless otherwise act forth in this document, the following development standards shall apply to slzucturcs: 1. Setback fzom back of curb or edge of pavement of any road - ~Rccn fcct (15') except for guard houses, gatehouses, and access control structures which shall have no rccluircd setback. 2. Setback from property lines: Front: 25 feet(25') Side: 7 feet (7') Rear: 15 feet(IS') 3. Minimum distance between structures which are part of an architectura/ly unified grouping - five fcct 4. Minimum distance between elated structures - ten feet (1 5. Maximum height ofsmacmrca - thirty-five fcct (359. 6. Minimum floor aR.a - None required. 7. Minimum Jot or pare, c] area - None required. 8. Sidewalks and bikcpetM may occur within County required buff'm, 9. Staadarda for parking, landscapL~, .,igta and other land uses where such standarch ar~ not apcci~cd heroin or within adopted Lcly Lakej oolr Re.~rt 2-9 design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. 2.17 OPEN SPACE REQUIREMENTS The PUD Master Plan identifies appwximately 1,200 acres included in the Conservation Area, golf course/open space, lakes, and buffen. These areas, in conjunction with open space areas included within the Residential District, fully satisfy the 30% open space requirements of Section 2.6.32 of the LDC. 2.18 NATIVE VEGETATION RETENTION REQUIREMENTS ~t to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, 25% of the viable naturally functioning native vegetation on site shall be retained. 2.19 SICNACE Ao GENERAL 1. All Collier County sign regulations, pursuant to LDC, Division 2.5, SIGNS, in force at the time of sign permit application shall apply unless such regulations are in conflict with the conditions set forth in this section, in which case the PUD Document shall govern. 2. For the purpose of this PUD Document, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. 3. Signs shall be permitted in public or private fight,of-ways subject to approval of a Collier County right-of-way permit where applicable. 4. All signs shall be located so as not to cause sight line obstructions. 5. All internal project fight. of-ways may be utilized for decorative landscaped entrance fea,tures and signage subject to review and approval from Planning Services for consistency with the requirements set forth heroin. a. All project and development signage adjacent to and/or visible from any dedicated County or State ROW shall be developed in accordance with the LDC, Division 2.5, SIGNS. 2-10 B. BOUNDARY MARKERS 1. One boundary marker or monument may be located at each property comer, adjacent U.S. 41 ROW. The boundary marker may contain the name of the subdivision, and the insignia or motto of the development. 2. The sign face area may not exceed 60 square feet in area and may not exceed the height or length of the monument upon wtdeh it is located. If the sign is two-sided, each sign face may not exceed 60 square feet in area. 3. Sign face square footage is calculated by total square footage of name, insignia, and motto only. 4. The setback from U.S. 41 fight-of-way and any perimeter property line shall be 10 feet. C. ENTRANCE SIGNS 1. Two ground or wall-mounted entrance signs maybe located at each entrance to the subdivisions within the PUD. Such signs may contain the name of the subdivision, and the insignia or motto of the development 2. No sign face area may exceed 80 square feet and thc total sign face area of Entrance Signs at each entrance may not excet~ 160 square feet. If the sign is a single, two-sided sign, each sign face may not exceed 80 square feet in area. The sign face area shall not exceed the height or length of the wall or monument upon which it is located. 3. The setback for the signs from the U.S. 41 fight-of-way, and any perimeter property line shall be 10 feet. 4. Entrance sip may not exceed a height of 8 feet above the ~ni~ed ground level of the sign site. For the purpose of this provision, finished grade shall be considered to be no greater than 18 inches above the highest crown elevation of the nearest road, unleM the wall or monument is constructed on a perimeter landscape betre. D. TEMPORARY SIGNS 1. Temporary sip may be permitted, and may consist of the following types: project identification, boundary marker, real estate, sales center identification, and directional. 2-11 2. Each sign may not exceed 80 square feet in area. If the sign is two-sided, each sign face may not exceed 80 square feet in area. 3. The setback for temporary signs from U.S. 41 rights-of-ways and any perimeter property line shall be 15 feet. 4. T,emporary signs may not exceed 8 feet in height above the finished ground level of the sign site. 5. Temporary signs may remain in place simultaneously with permanent signage until the project ruchcs 99% bnild-out. 6. Temporary signs may be permitted subject to the requirements ou~ined above. The erection of any temporary sign shall require permitting as established within section 2.5.12 of the LDC. Application fees for temporary sign permits shall be the minimum fee as required for a standard sign within the district. E. CONSTRUCTION ENTRANCE SIGNS 1. One sign, a.maximum of 20 square feet in size, shall be permit'ted at each consreaction entrance, to identify the entrance as such. No building permit is required. 2. Employment signs with a maximum of 20 square feet in size, may be located at each construction entrance, to advertise for construction trades. No building permit is required. F. INTERNAL SIGNS 1. Residential directional or identification signs may be allowed internal to the development. Such signs may be used to identify the location or direction of approved uses such as, but not limited to models or model sales centers, club house, ncreational areas. Individual signs may be a maximum of 4 square feet per side in size, or signs maintaining a common architectural theme may be combined to form a menu board with a maximum size of 24 square feet per side, and a maximum height of 8 feet. 2. Resort/Village land use directional or identification signs may be allowed internal to the PUD. Such signs may be used to identify the location or direction of approved ms such as sales centers, information centers, Resort/Village, or the individual components of the development. Individual signs may be a maximum of 6 square feet per side or signs maintaining a common architectural theme my be combined to form a menu board with a maximum size of 64 square feet per side and a maximum height of 8 feet. ~l.~O-,*CO~-ltl041 2-12 3. Real Estate signs with a maximum size of 4 square feet per side may be permitted in residential districts. Such signs may advertise "For Sale", "Sold To", "Lot #", or similar verbiage. No building permit is required. 4. Special Event signs not exceeding 32 square feet per side in size may be displayed to announce or advertise such temporary uses as open houses, community fairs or pwgrams or any charitable, educational event. Special event signs shall be erected not more than 14 days preceding the event and shall be removed within 72 hours of completion of the event. Such sign shall be located no closer than l 0 feet to any property line. No building permit is required. 5. Grand Opening signs: The developer may display an on-site grand opening sign not exceeding 32 square feet on a side, and not exceeding 64 square feet total. The banner sign shall be anchored and may be displayed on-site for a period not exceeding 14 days within the first three months that the occupant is open for business. No building permit is required. O. COMMERCIAL SIGNS 1. Commercial signs within the Commercial District shall be erected consistent with pwvisions of the Collier County LDC, Division 2.5, SIGNS. a. The maximum allowable display area for signs may not be more than 20 percent of the total square footage of the visual facade of the building to which the sign will be attached and may not, in any case, exceed 250 square feet in area for any sign. 2. Signage within the Resort/Village District for the golf club, hotel/motel, and other permitted and accessory commercial uses, shall be designed to complement the unique architectunfl theme of the mixed-use development within the Resort/Village District. Co~ercial signage within this district is not required to adhere to size and locational requirements of Division 2.5, SIGNS of the Collier County LDC. The Resort/Village District is located remote from any public right-of-way and Resort/Village signage is intended primarily to serve I. ely Lakes Golf Resort residents and guests, and will be dcvcloped on a pedestrian scale. a. Roof signs, billboards, and pole signs shall be prohibited within the Resort/Village District. $ 2-13 H. TRAFFIC SIGNS 1. Traffic signs such as strut signs, ~top sign~ and d~sign~ to ~fl~t a ~on ~hil~ ~em~. of~ s~g~ ~11 ~ in a~~ ~ DOT 2.20 $IDEWALKS~EPA~ A. ~t to LDC S~on 3.2.8.3.17, ~!y ~ Golf R~ P~ s~i pm~d~ side~ike~ ~ follo~: 1. A side~ik~oggin~golf ~ n~ ~11 ~u~out en~ si~ ~clu~g ~i~fi~, R~ilI~, Golf ~~n S~, ~d ~a~on Di~c~. 2.~ int~ ~e~ ~ay ~ is ~i~ ~men~. 3. A ~ bik~~ lue or a ~mb~on of sid~, ~g Re~ill~e ~d ~ project end. B. ~e ~volo~ ~u ~ ~t ~ ~u~ ~b~m~ou to C~e desi~ ~ ~r~ ~ Section 3.2.7.2 of~ LDC. 2.21 S~S~ONS TO S~D~SION DESIGN STA~A~S A. ~ ~velo~ ~oa ~ H~t to ~ue~ ~b~m~o~ to ~i~sion ~pmvement ud u~li~ d~i~ ~ h ~~ ~ S~fion 3.2.7.2 of · e L~. SECTION HI RESIDENTIAL 3,1 PURPOSE The purpose of this Section is to identify permitted uses and d~velopment standards for areas within Lely Lakes Golf Resort designated on the Master Plan as Residential. 3.2 MAXIMUM DWELLING UNITS A maximum of 150 of the project's 749 approved residential dwelling units may be constructed on lands designated Residential on the PUD Master Plan. 3.3 GENERAL DESCRIPTION Areas designa~ as Residential on the Master Plan ar~ designed to accommodat~ a full range of r~sidential dwelling types, c, ompatible non-residential uses, a full range of Th~ approximm a~eago of tho area desigamd a Residential i~ indieatod on tho PUD Masta Plan. Thia acreage is ~ on c, onc, eptual design; and i~ approxirnm. Actual acreages of all development tram will Ig provided at tho titno of Sit~ Development Plan or Preliminary Subdivision Plat approvals in acc, ordanc~ with Division 3.3, and Division 3.2 respectively, of the LDC. Residential tngts aro d~signed to accommodate internal roadways, open spac, ea, and other similar uses found in r~sidential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall bo erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Ugs: 1. Single Family Attached and Dc~:hcd Dv~llinga. 2. Single Family Patio and Zero Lot Line Dwe!lin.n,~. 3. Two-family and Duplex Dwellings. 4. Multi-Family Dwellings including Garden Apartments. 5. Welcome Center including services for project administration, sales and marketing. I~q/ll-4TI II Ve~. e'sI-WAJIa*4QI, D 6. Eque~'ian facilities such as barns, stables, riding paths, training arenas. 7. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in S~ction III, Residentis]. B. Accessory Uses and Slxuctures: 1. Accessory uses and smacttu~ customarily miatexi with principal uses permitted in this district, including but not limited to recreational facilities designed to serve the development, stables and tiding facilities, and essential services. 2. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the area identified as Residential on the PUD Master Plan. 3.5 DEVELOPMENT STANDARDS A. Table ! sets forth the development standards for land uses within the Lel y Lakes Golf Resort' Residential area. B. Site development standards for single family, zero lot line, two-family, and town home uses apply to individual residential lot boundaries. Multi-family standards apply to platted parcel boundaries. C. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Lely Lakes Golf Resort design guidelines and standards, are to be in accordance with LDC in effect at the time of Site Development Plan Approval. Unless otherwise indicated, requind yards, heights, and floor area standards apply to principal structures. D. Development standards for uses not specifically set forth in Table I shall be in accordance with those standards of the zoning district which is most similar to the E. In the case of residential structures with a common architectural theme, required pwperty development regulations of Table 1 may be waived or reduced provided a site plan is appwved by the Planning Services Director or his dcsign~e, in accordance with the criteria contained in Section 2.6.27.4.6.1 through 2.6.27.4.6.3 of the LDC. Common open space requirements are deemed satisfied pursuant to Section 2.17 of this PUD. 3-3 TABLE 1 LELY LAKES GOLF RESORT DEVELOPMENT STANDARDS FOR RESIDENTIAL AREA SINGLE FAMILY SINGLE SINGLE MULTI- DETACHED FAMILY FAMILY PATIO FAMILY A'FFACHED i ZERO LOT AND TOWNHOUSE AND DUPLEX LINE Minimum Site Arcs 2,400 SF 4,000 SF 2,400 SF 10.000 SF Minimum Avcrsgc 40' 50' 40' i'00' Site Width Minimum Avcrnic 60' 80' 60' 100' Sitc Dc~h -* I Front Ymd ,Setback 15' *3 15' *3 15' *3 25' '2 (P,.i~i~ ~ Accrue) . . o'.4 Rc.r Ymt Sctbar. k 15' 5' i:5' 2:5' oc O' wh~c abutting (Prlncipml) GC Comerration arc. of {o,~_J__,'d in .Vilb~Cc Center Mi~ Sick= Ymd Setback ~' 'Y O'-Y with rain. 0%10' with min. (Prir~p~) - 10' hawcon ~0' Ix~wccn Ivlin. Sid~ Yard Sctbar. k 5' 5' O' onc sick same u principal (Accc~) - I0' odor sick nrucmrc Rcarym. dSctbmck l'ocO'whc~ l'orO'Whc,1 ~'orO'whc~ 10'orO'whc~caimUin1 (Acccmmocy) nbuttinl GC or nbuuinI GC ~' abuuinl GC ~ GC o~ Consention m Hci~ht '5 2 noriota 2 storicm 2 storic$ . 3 stcw~ lXstam:c Iktwnm N/A N/A N/A I 5' Minimum F]ooc Ar~c~ 7~0 SF 7~O SF 7~O SF 750 SF * 1 Sitc dcpth avcraSc - dctcm,jned by dividing the ,itc area by thc averaBe site width. ~2 Thiss~tbackshallbcrccluccclto 15'forsidcculry8araScsaudfrontporchcs. '3 This s~back shah be rcduccci to 10' for side cnu'y garages, front porches, and combination '4 For Rcr, ortYVilla~e MF structurc~ rcvicwcd as s~gular site dcvclopmcut plau '5 Whcrc LqtclFal buildin8 parking is providccl, two building stories shall bc pcrmittcd above perki~ facilldcs. 4-I SECTION IV RESORT/VILLAGE 4.1 PURPOSE Th~ purpose of this section is to identify permi~ uses and development sumdard~ for areas within l.~ly Lakes Golf Resort designated on the Mast~ Plan as "Resort/Village." 4.2 MAXIMUM ,II~YENSITY A maximum of 749 dwelling units, including a maximum of 150 hoteVmotel units may be constructed within thc Village Center disWict. In addition to ~li~onal hotel accessory uses such as restaurants, gift shops, personal services, recreational arnenities and meeting rooms, the Resort/Village Center may also contain up to I0,000 .~luar~ feet of independent retail/services designed to serve residents and guests of Lely Lakes Golf Resort. 4.3 GENERAL DESCRIPTION The appmximato acreago of the ResorgVillago ar~a is inclicat~d on tho Master Plan. Tl~s acreage is based on conceptual design-~ and i~ approximate. Actual acreages of all development tufts will be provided at the time of Sit~ Development Plan or Pre1~ Subdivision Plat approvals in accordance with Division 3.3, and Division 3.:~ respectively, of tho LDC. Tho ResonfVillago area is designed as a mLxed use area wkich accommodates linfited commercial, residential and recreational use~ for Lely Lakes Golf Resort residents and guests. 4.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erred, altered or used, or land used, in whole or part, for other than the following: A. P~mitted Principal Commercial Uses and Structures: I. Accounting, Auditing and Bookko=ping S~vices (Group 8721 ). 2. Automatic Teller Machin~ (Group 3578). 3. Amusements and Re, creation Services - Indoor (Groups 7911-7929, 7991, 7993, 7997). 4. Apparel and Accessory Stores (Groups 5611-5699). 5. Gasolin~ Scrvic~ Stations (Group 5541). 6. Automotiv~ ~ (Group 7542). 7. Busine~ Services (Groups 7334, 7349). 1~"1l~!1-471 ll Vf, I~IoWAIJ'I31,ll ~1.,~21~'11 4-2 8. Eating and Drinking Places (Groups 5812-5813) except drive-through. 9. Food Stores (Groups 5411-5499). 10. General Merchandise Stores (Groups 5311-5399). 1 i. Hotel/Motel, including accessory convention and meeting space (Group 7011) 12. Miscellaneous Retail (Croups ~912-5963, 5992-5999). 13. Personal Services (Groups 7211, 7212, 7215, 7216 non-industrial dry cleaning only, 7217, 7219-7251, 7291-7299). 14. Real Estate (Groups 6512, 6531, 6541). 15. R, ccreation Sin, ices (Groups 7911, 7991, 7993, 7997, 7999) 16. United States Postal Servic~ (Group 43 i 1 except major distribution center). 17. Video Tape Rental (Group 7841). 18. Any other principal use which is comparable in nature with the fort-going uses (including general and professional offices not specifically listed above) and which the Planning Services Director determines to be compatible in the Village Center. B. Residential dwellings subject to the development standards in Table I. C. GolfCotnses and Golf Clubhouses D. Recreational facilities and structures such as pools, fitness facilities, clubhouses, community buildings E. Pertained Accessory Uses and Su'uctures I. Accessory uses and structures customarily associated with principal uses permitted in this district. 2. ~mary accessory uses include, but are not limited to, recreational facilities that serve as an integral part of the permltled uses such as pool, tennis facilities, parks, playgrounds and playfields. Any other accessory use which is comparable in natun with the foregoing uses and which the Planning Services Director determines to be compatible in the Resor'dVillage. 4.5 DEVELOPMENT STANDARDS A. Minimum Yard Req~ents: 1. Front Yard: Ten feet (10') from edge of pavement 2. Side Yard: Fifteenfeet(15'). 3. Rear Yard: Fifteen feet(153. 4-3 4. Setback from a lake (or conservation area) for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into The desi~. B. Exterior lighting shall be arranged in a manna which will protect madways and residential properties from direct glarc or unrcasonable interference. C. Maximurn height of structures - Fifty-five feet (55); except clock tows or similar architectural fcaturcs, which shall be permitted up to fifty feet (65'). D. Minimu~ distance between all other principal structures - Ten feet (10') or minimum required by local f~ codes at time of development. E. Minimum distance between all other ary structures - Ten feet (I 0'). F. Minimum floor area - Seven hundred (700) squats feet gross floor area on the ground floor for free standing tlnits. G. Minimum lot or parccl area - Ten thousand (10,000) squam feet. H. Parking for uses and structures constructed in the ResortN illage District: one (1) space per dwelling unit; I space per 300 square feet of office or commercial building area; and 2 spaces per 3 rooms for hotel motel uses. Accessory uses for the hotel/motel shall not be re,quimd to provide additional parking spaces. On-at parking and/or common shared parking lots a~ pcnnitt~ and shall be credited toward overall Resort/Village parking requirements. I. Standards for landscaping and other land uses wher~ such standards arc not specified herein ar~ to be in accordance with LDC in effect at the time of Site Development Plan Approval. SECTION V COMMERCIAL DISTRICT 5.1 PURPOSE The purpose of this section is to identify permitted uses and development standards for the area identified within [,ely Lakes Golf Resort Master Plan as Commercial. 5.2 GENERAL DESCRIPTION Areas designated as Commercial on the PUD Master Plan m'e designed to accommc.:lat~ a full range of commercial and office uses designed to serve residents of Lely Lakes Golf Resort and the ih'u'nediate vicinity. 5.3 PERMITFED USES AND STRUCTURES Development of the commercial uses authorized herein shall not be permitt~ until such time as the EAR-based Future Land Use Element of the Growth Management Plan providing for r~uctions in intensity to property formerly authoriz~ under Industrial Under Criteria is determined to be legally effective as provided by Subsection 163.3189(2)6, Florida Statutes. No building or structure, or part ther~f, shall be ~ altered or used, or land used, whole or pax~, for other than the following: A. All commercial, office and service uses permitted in the Resort/Village B. Automotive dealers and gasoline service stations (5511, 5531,5541 with services and repairs as described in Section 2.6.28, 5571, 55~), new vehicles only. C. Self-storage warehousing (Group 4225) D. Home Furniture, Furnishings, and Equipment Stores (Groups 5712-5735) E. Eating and Drinking Places, including drive-through (Groups 5812-5813) F. Miscellaneous Retail (Cn'oups 5912, 5921, 5941-5949, G. Deposi~ry and Non-Depository Institutions (Groups 6021-6062 and 611 I- 6163) H, Security aad Commodity Broken (Grout~ ~5211-5289) I. Insurance Carriers (Groups 6311-6399) J. Automotive Rental and Leas~ (Groups 7514-7515) K. Miscellaneous Pepair Services (Groups 7522-75~)) L, Amusement and Recreation Services (7911, 7922, 7933, 7~)1, 7993, 7997, M. H~Ith Services (Groups 8011-8099) N, Membership Organizations (Groups 8511-8551) O. Engineering, Accounting, Research and Related Services (Groups 8711-8748) P. Legnl Services (8111) 1~¥11-41t t$ V,r,, 0II-WAItNQt~ Q. Child/Adult Day Care Services (8351) 5.4 DEVELOPMENT STANDARDS A. Minimum Yard Requirements: 1. Front Yard: Twenty-five feet (25~ minimum or one-half the building height, whichever is greater. 2. Side Yard: Fifieenfeet(15~. 3. Rear Yard: Fifteen feet(15'). 4. Any yard abutting a golf course parcel: Twenty-five feet (1 5. Setback from a lake for all principal and accessory uses may be zero feet (0') provided architectural bank treatment is incorporated into the design. B.. Exterior lighting shall be arranged in a manner which will protect wadways and residential properties from din:ct glare or unreasonable interference. C. Maximum height of structures - Fifty feet (50'). D. Minimum distance between all other principal structures - Twenty feet (20'). E. Minimum distance between all other accessory sWactures (excluding drive-through facilities) - Ten feet (10'). F. Minimum floor area - Seven hundred (700) square feet gross floor azta on the ground floor. G. Minimum lot or parcel area - Ten thousand (I0,000) square feet. H. Minimum lot width - Seventy five feet (75'). I. Standards for parking, landscaping, signs and other land uses where such staindarcla are not specified herein, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Appwval. Unless otherwise indicated, required yarcb, heights, and floor area standards apply to principal s'auctu~. , SECTION VI GOLF COURSE/OPEN SPACE DISTRICT 6.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within Lely Lakes Golf Resort designated on the Master Plan as Golf Course/Open Space. 6.2 GENERAL DESCRIPTION Areas designa~ as Golf Course/Open Space on the Master Plan are designed to accommodate a f~ll range of golf course, recreational, water management and open space uses, as well as to provide land,; for community-related ancillary uses and essential services. 6..t PERMITTED USES AND STRUCFURF. S 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. P~rrnkted Principal Uses and Structures 1. Golf courses, golf clubhouses, golf facilities, golf teaching facilities including classrooms and temporary golfclubhouse.~. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. 4. Community and golf course maintenance ar~s, maintenance buildings, essential services, irrigation wa~ and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and main~nance staff offices. 5. Open space uses and structures such as, but not limited to, boardwalks, nature hails, bikeways, landscape nurseries, gazebos, boat and canoe docks, fishing piers, picnic areas, fitness lrails and shelters. 6. Any other principal use which is comparable in natur~ with the foregoing uses and which lhe Planning Services DL,~ctor d~lermlnes to be compatible in the GolfCoursdOpen Space District. ~ II ~ IIl-W, qigtlX, D I,l~l,,Ig04~.~ll~41 B. Permitted Accessory Uses and Structure 1. Accessory uses and structures customsilly associated with the principal uses permitted in this District 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars, golf course maintenance yards. 3. Retail establishments accessory to the permitted uses of the District such but not limited to, golf, tennis, and recreational related sales. 4. Rmaurants, cocktail lounges, and similar uses intended to serve club members and club guests. 5. Shuffleboard courts, tennis eoum, swimming pools, and all other types of accessory facilities intended for outdoor recreation. 6. Telecommunieations facilities. 7. Any other accessory use which is oomparable in nature with the foregoing uses and which the Planning Services Director determines to be compatible in the Golf Course/Open Space District. 6.4 DEVELOPMENT STANDARDS A. Principal structures shall be setback a minimum of twenty feet (20') from Golf Cotase/Open Space District boundaries and private roads, and fifty feet (50') from all PUD boundaries. 1. Accessory sttuctugs shall setback a minimum of ten feet (10r) from Golf (209 from all PUD boundaries and residential tracts. B. Lighting facilities shall be arranged in a mamaer which will protect roadways and residential properties from direct glare or arable interfence. C. Maximum height oflm'uetm~ - Fifty-five feet (55'). D. Minimum distance between principal or accessory structures .,vhich are a part of an architecturally unified grouping -Ten feet (1 10~sal~4?l II Vit. 011-WUJiCX,D E. Minimum distance between all other principal sh-uctures - Twenty feet (20% F. Minimum distance between all other accessory structures - Ten feet (109. G. Minimum floor area - None r~quired. H. Minimum lot or par~l area - None nxtuir~d. I. Parking for the community center/clubhous~ shall be one space ~ every two hundr~ (200) square feet of gross floor area, which shall be consider~ incluslvc of Rxtuired golf cours~ parking J. Standarth for parking, landscaping, signs and other land use~ whe~ such mndarda ar¢ not specifi~l herein ar~ to b~ in ac~rdan~ with Collier County Land Development Cod~ in effect at the time of Sit~ Development Plan Approval. Unless otl~rwi~ indicated, required yards, heights, and floor area standards apply to princi~ structun:s. IllltJlg.4'/lll Vat: OlI-WAINOLD , SECTION VH CONSERVATION AREA 7.1 PURPOSE The purpose of this Section is to identify permitted use~ and development standards for the area within Lely Lakes Golf Resoft designated on the Master Plan as Conservation Area. 7.2 GENERAL D~SCRIPTION Areas designated as Conservation Area on file Master Plan an designed to accommodate conservation and limited water management uses and functions. 7..3 PERMTITED 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 file following: A. Permitted Principal Uses and Stru~res 1. Boardwalks and nature trails (excluding asphalt paved trails). 2. Water management facilities. 3. Temporary consunction access roads. 4. Any other conservation and related open space activity or use which is comparable in nature with file foregoing uses and which the Planning Services Director determines to be compatible in file Conservation Area. 7.4 CONSERVATION EASEMENT A. The developer will establish a non-exclusive easement or tract over lands required to be preserved under Soldon 3.2.8.4.7.3 of file Land Development Code. The developer may also dedicate or s~ll all or some portion of this land to an entity whose responsibility is for continued preservation and maintenance. IWliell~fl l II Vet,:. OI I-Wl SECTION VIII GENERAL DEVELOPMENT COMMITMENTS 8.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Lcly Lakes Golf Rcs~?rt project. 8.2 PUD MASTER DEVELOPMENT PLAN All facilities shall be constructed in accordance with the final site development plans, final subdivision plans and all applicable State and Local laws, codes and regulations except where specifically noted. A. The PUD Master Plan (Exhibit A) is an iljustration of the conceptual development plan. Tracts and boundaries shown on the plan shall not be considered final and arc subject to minor administrative amendment, subject to Section 2.7.3.5 of the LDC. B. All necessary casements, dedications, or other insmm~cnts shall be granted to insure the continued operation and maintenance of all utilities. 8.3 ENGINEERING A. Except as noted hcrcin, all project development will occur consistent with Division 3.:2 and 3.3 of the LDC. UTILITIES A. Water distribution, sewage collection and transmission systems shall constructed throughout the project by tho d~volopcr. Potable water and sanitary sewer facilities constructed within platted fights-of-way or within dedicated County utility casements shall be conveyed to Collier County, pursuant to Collier County Ordinance 88-76, as amended, except as may bc provided in Section of this document. B. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are appmved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County, except as may be provided in Section 2.4 of this documcnt. 8.5 WATER MANAGEMENT A. In accordance with the rules of the South Florida Water Management District, this project sihall be designed for a storm event of a 3-day duration and 25-yea, r return frequency. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County LDC. All lake dimensions will be approvcd at the time of excavation permit approval. C. The Lcly Lakc~ Golf Resort conceptual surface water m~na~cment system is shown on Exhibit "B", Burface Water Manqement Plan (WMB&P File No. E- 0599-11). Minor changes or modifications to Exhibit "B" shall be authorized as provided in Section 2.9 of the Lcly Lakes PUD. 8.6 ENVIRONMENTAL A. A mitigation plan for impacts to jurisdictional wetlands will be submitted during the subdivision platting and/or site development plan review process to insu~ that jurisdictional impacts are mitigated pursuant to Collier County, DEP, ACOE, and SFWMD Rules. B. Isolated weftands will be used for water quantity detention areas after aurface mnoff is pretrcated to meet water quality criteria. C. In accordance with 5FWMD Ruic~, the hydropcriod of large contiguoua areas of preserved weftands will be enhanced by actling water management control elevations at levels which will maintain wet season control elevations, while providing flood protection for residential dcvclopmenL D. Environmcneil permitting shall be in accordance with Florida Statute. E. Wetland buffera ~tli be provided in accordance with Army Corps of Engineca and South Florida Water Management District rulc~. F. An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Enviwnmental staff for review and approval prior to final site plan/construction plan approval. A schedule for exotic vegetation removal within all conservation/preservation areas shall be submitted with the above mentioned plan. G. The project shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Freshwater Fish Commis~sion (FGFWFC) regarding potential impacts to protected wildlife species. Where pwtected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental staff for review and approval prior to final site plan/construction plan approval. 8.7 TRANSPORTATION A. The Lely Lakes Golf Resort shall not use Southwest Boulevard as a construction access or secondary project ingrcss/cFcss point. Provisions shall be made to permit access for emergency, and other authorized vehicles. MIII.4?III Vec, ItI-WAIJ4CILD ~ J~14~j4~::Olt-ilNI 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. 98-85 Which was adopted by the Board of County Commissioners on the 13th day of October, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of October, 1998. DWIGHT E. BROCK ¢' \ .' :'.~ Clerk of Courts an .' 1 r ... ~ Ex-officio to Boaf~'o'f. y: Maureen Kenyon"",,.'