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Ordinance 97-45 ORDINANCE 97-4~ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 9524N, 9524S, 9525N, 9525S AND 9526N BY CHANGING THE ZONING CLASSIFICATION e oF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GREY OAKS, FOR PROPERTY LOCATED ON THE NORTHWEST, NORTHEAST AND SOUTHEAST QUADRANTS OF AIRPORT-PULLING ROAD (C.R. 31) AND GOLDEN GATE PARKWAY (C R 886), IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1601.39 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 96-82, AS AMENDED, THE FORMER GREY OAKS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Barbara Cawley, AICP of Wilson, Miller, Barton & Peek, Inc., representing Grey Oaks 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 24, 25 and 26 , Township 49 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) numbered 9524N, 9524S, 9525N, 9525S and 9526N, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 96-82, as amended, known as the Grey Oaks PUD, edopted on December 10, 1996 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this/~_day of,/~--~~ 1997. Approv~'d"~'.~ and Legal su~f~id~'ency ~cret6~ Assistant County Attorney ond ockncw~edcemc~t ~ that firing eceived f/PUD-89-6(2) ORDIN~CE/ EXHIBIT G PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: ALAN D. REYNOLDS, AICP WILSON, MILLER, BARTON, & PEEK, INC. ENGINEEERS, PLANNERS & LAND SURVEYORS 2600 Bailey Lane, Suite 200 Naples, Florida, 34105 and GEORGE VARNADOE, ESQUIRE YOUNG, VAN ASSENDERP AND VARNADOE 801 Laurel Oak Drive Naples, Florida 34108 DATE FILED DATE APPROVED BY BCC ORDINANCE NUMBER 90-48 AMENDED BY ORDINANCE 96-82 AMENDED BY ORDINANCE INDEX PAGE e List of Maps, Exhibits, and Tables Statement of Compliance and Short Title iii SECTION I Property uwnership and Legal Description 1-1 SECTION II Project Development 2-1 SECTION III Residential 3-1 SECTION IV Golf Course/Recreation/Park/ Right-of-Way 4-1 SECTION V Conservation/Open Space 5-1 SECTION VI Commercial 6-1 SECTION VII General Development Commitments 7-1 LIST OF ~APS AND TABLES ~tAPS A Location Map H PUD Hastee 'Plan TABLES TABLE I Land Use '~ummary . TABLE IX Project Absorption Schedule Estimate TABLE IIX Development Standards ii - L LOCATION MAp ' '-,' "' ',- o/c " : LEGEND LAND USE SUMMARY ..~ STATEMENT OF COMPLIANCE It is the intent of the Halstatt Partnership, A Florida General Partnership to create a Planned Unit Development (PUD) t6 be known as Grey Oaks Planned Unit Development, on 1,601.39 acres of land located in Section 24, and 25, Township 49 South, Range 25 East, Collier County, Florida, and Section 26, Township 49 South, Range 25 East, City of Naples, Florida. The residential, recreational and commercial facilities of THE HALSTATT DRI/PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: 1) The subject property is located within the City and County Urban service areas ~nd there are adequate available community facilities and services to support the proposed residential density and commercial intensity. 2) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, objectives and policies of the Comprehensive Plan and land development regulations adopted by the C~ty. 3) With regard to that part of Grey Oaks within the County: a) The project development is compatible and complementary to the surrounding land uses and future uses allowed by the Future Land Use Element. h) Improvements are planned to be in substantial compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. ' c) The project development will result in an efficient and economical extension of community facilities and services as required by Policies 3.1.H. and 3.1.L. of the Future Land Use Element. d) 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. iii e) The projected density of less than two (2) dwelling units per acre is less than that allowed under the Future Land Use Element since the project includes three (3) quadrants of an Activity Center and a density band. f) The subject project occupies the northwest, southeast and northeast quadrants of the Activity Center located at the intersection of Airport and Golden Gate Parkway. This strategic location allows the site superior access for the placement of commercial activities. g) The project includes extensive open spaces in the form of golf courses and incorporates natural features to provide a high quality.of life for its residents. SHORT TITLE This ordinance shall be known and cited as the "GREY OAKS Planned Unit Development Ordinance". SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The subject property is currently owned by the Halstart Partnership which is composed of: Lloyd G. Hendry, Harold S. Lynton and Edith Collier Sproul, (a/k/a Juliet C. Sproul), as Trustees of the Edith Collier Sproul Trust under agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 1, 1982, Harold S. Lynton, Lamar Gable and Juliet C. Sproul, as ~ Trustees for Juliet C. Sproul under th~ will of Barton Collier, Jr., deceased, and as confirmed by Change of Trustees dated j.ne 7, 1982, and filed June 15,' 1982, in Probate No. 76-33, of the Probate Records of Collier County, Florida. 1.02 LEGAL DESCRIPTION All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882, all of the Public Records of Collier County, Florida; LESS Golden Gate Parkway (C-886) as described in O.R. Book 465, page 275, and O.R. Box 465, page 278, Public Records of Collier County, Florida; ALSO LESS those lands as described in O.R. Book 194, page 603 and O.R. Book 640, page 229, Public Regords of Collier County, Florida, ALSO All that part of Section 26, Township 49 South, Range 25 East, Collier County, Florida, lying westerly of Airport-Pulling Road (C-]I} and northerly of Golden Gate Parkway (C-886) located within the City of Naples; LESS that portion thereof as described in O.R. Book 539, page 370, Public Records of Collier County, Florida; above property subject to easements and restrictions of record; containing 1,601.39 net acres more or less. I-1 SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 INTRODUCTION Grey Oaks is a 1,601.39 acre mixed use residential development and golf course community with a "town center", and other retail and office development located in Collier County. The property is generally located in the northwest, northeast and southeast quadrants of the intersection of Airport Road and Golden Gate Parkway. The property is bo~ ~ded on the east by Livingston R~ad; on the south by the Golden Gate Canal; on the west by the Gordon Ri~er Watershed; and on the north by the Coach House Lane Residential Properties in the west quadrant, and the World Tennis Center in the northeast quadrant. The northwest quadrant of the property is in the incorporated City of Naples and constitutes approximately 354 of the 1,601 acres. The remainder of the property is located in the unincorporated area of Collier County. The project is of a size to be a Development. of Regional Impact (DRX) and an Application for Development Approval (ADA) has been filed pursuant to Chapter 380.06, Florida Statutes (1988). Because the City and County recognize that the project has been planned and viii be developed as a unified integrated community, the City and County have agreed that a single local government (Collie~ County) should have the responsibility for reviewing the planned development and issuing a Development Order pursuant to Section 380.06, Florida Statutes and for adopting the zoning (PUD Ordinance) for the entire project, including that portion that lies within the City of Naples. In furtherance of the goal of having one entity review the proposed project and adopt a zoning ordinance (PUD) and Development Order for the project, the Developer and the City of Naples have entered into a DEVELOPMENT AGREEMENT and the City of Naples and Collier County have entered into an "INTERLOCAL GOVERNMENT AGREEMENT" with regard to the project. The DEVELOPMENT AGREEMENT sets forth the maximum intensities of land uses for the property within the City 2-1 e~ and provides that the City agrees to accept and adopt (if appropriate) any Development Order and PUD zoning issued by the County that does not exceed the intensities of land uses set forth in said DEVELOPMENT AGREEMENT. This DEVELOPMENT AGREEMENT allows the County to review the proposed project as a single integrated planned community and approve a single set of development standards for the entire project by adopting a single PUD Ordinance and ~e__v~_9~m~.9~O.F~er foc the project. The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the County of Collier incorporates said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the cezoning and DRI review for the entire 1,601 acre project, including that portion of the project within the jurisdiction of the City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this PUD by reference thereto. The County, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall Halstatt DRI Community and it is therefore, essential to the viability of the planned community that the PUD and DRI plan approved by Collier County be in effect and remain in effect for the entirety of the project and not just the portion of the project lying within the jurisdiction of the County of Collier. 2.03 LAND USES Table I is a schedule of the intended land use types, with total dwelling units, acreage, and total square feet of commercial indicated. The arrangement of these land use types is shown on Map H, Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to accommodate topography, vegetation, ,and other site conditions. The final size of the recreation and open space lands will depend on the actual requirements foc conservation areas, water management, golf course layout, roadway pattern, and dwelling unit size and configuration. At the time of Subdivision review and approval for each subdivision phase, the location, size and configuration of 2-2 land use tracts shall be identified, along with the assignment of permitted residential or commercial land use types. The assignment of maximum allowed residential density and/or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase of the project, the unused remainder may be assigned to another phase(s) of the project. Final determination of the total multi-family residential or commercial use shall be determined at time of Site Development Plan approval. For each succeeding subdivision and/or Site Development Plan, a table shall be included which summarizes the total ~welling units and commercial floor area that has been previously assigned and the total assigned for the pending approval, in order to facilitate the County's monitoring of the project. 2.04 PROJECT DENSITY The total acreage of Grey Oaks Planned Unit Development is approximately 1,601.39 acres. The maximum number of dwelling units to be built on the total acreage is 2,700. The number of dwelling units per gross acre is approximately 1.7. The density on individual parcels of land throughout the project will vary according. to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.05 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed 2700. Table I identifies the maximum units by project quadrant. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULE The developer will commence the project within the north- east quadrant. Within each quadrant, the amount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates are governed by market demand. 2-3 2.07 EASEMENTS FO8 UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time of development. 2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards of the Collier County Ordinances regulating subdivisions in effect at the time of development; and shall be reviewed and approved in accordance with the procedures set forth by the City of Naples for that portion of the project within the City, and the standards and procedures set forth by Collier County for that ~ortion of the project under County jurisdiction. The intent and effect of this Section is to have a single set of substantive standards apply to subdivision master plans to the location of the particular property in question, but to allow each local government to apply its procedural process for approval of said plans. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable regulations. Where this document makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan ~pproval or platting) this reference shall be construed to mean the applicable Collier County procedure or approval in effect at the time of development. 2.09 LAKE SITING As depicted on the PUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course. The goal is to achieve an oNetall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, protect native vegetation, and to increase the efficiency of the water management network. Accordingly, the requirements described in Ordinance 88-26, Section 8A, 8B and 8C, may be reduced subject to the approval of the County Engineer at the time of Subdivision and/or Excavation permit approval. Fill material from lakes is planned to be utilized within the project, however excess fill material, not to exceed 10% or maximum 20,000 cubic yards may be utilized off-site, subject to the provisions of the Collier County excavation ordinance in effect at the 2-4 time of development. Removal of fill material in excess of 10% of total or 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance 88-26. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Ordinance 88-26. 2.10 DEDICATION AND MAINTENANCE OF FACILITIES Roads and other infrastructure may be either public or private, depending on location, capacity, and design. Developer shall create appropriate homeowner and/or condomtnium associations or identify other entities which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County or City. Standards for roads shall be in compliance with the applicable provisions of Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception during Subdivision Approval. 2.11 SITE DEVELOPMENT PLAN APPROVAL The provisions of Section 10.5 of the Zoning Ordinance shall apply to the development of platted tracts or parcels of land as provided in said Section 10.5 prior to the issuance of a building permit or other development order. Approval of commercial tracts in the City. of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. 2.12 MODEL HOMES AND MODEL UNITS Model Homes and units shall be permitted within this project subject to the following provisions: a. Models may be constructed prior to approval of a plat. b. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. c. Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this Section. d. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by 2-5 Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. e. Temporary access and utility easements may be provided in lieu of dedicated right-of-ways for temporary service to model homes or units. f. Sales, marketing, and administrative functions are permitted to occur in designated model homes or units within the project only as provided herein. 2.13 CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and structures, shall meet the m{nimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer systems under City jurisdiction. The procedures for the review and approval of project infrastructure and site improvements shall be that process in effect at the time of review and approval in accordance with the City of Naples regulations for that part of the project within City jurisdiction, and Collier County regulations for that part of the project within County jurisdiction. The standards and development permit proaedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction's requirements in effect at the time of building permit application. 2.14 SALES CENTERS a. "Sales Centers" may be constructed prior to recording of a plat. "Sales Centers" may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements oc as approved by the appropriate fire district ace required unless a permanent water system is available to serve the Center. b. Review and approval of 'Sales Centers' shall follow the requirements of' the Site Development Plan process (Zoning Ordinance Section 10.5| or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or temporary driveway which meets applicable County standards as determined by the County Engineer. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access coaa/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. c. At the time of building permit application for a "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2.15 IMPACT FEES Development within the project shall be subject to all lawfull adopted impact fees in effect at the time of development. THE GREY OAKS PUP TABLE I LAND USE SUI~4ARY Northeast and Southeast OuadrantS {Collier County) Residential (1936 units) 409.3 Commercial/Office (856,091 S.F.G.L.A.) 80.9 Golf Course/Recreation/Park/Right-of-Way 577.1 Conservation/Lake/Water Management ~ Sub-Total 1,247.4 Northwest Ouadrant (City of Naples) Residential (764 units) 122.0 ± Commercial/Office (347,000 S.F.G.L.A.) 30.0 ± Golf Course/Recreation/Park/Right-of-Way 115.4 ± Conservation/Lake/Water Management 86.~ ± Sub-Total 354.0 Note: All acreages are digitized approximate acreages and are subject to change and variation. Note: The Northeast Quadrant shall have a total commercial/office square footage of 600,000 S.F.G.L.A. 2-8 THE GREY OAKS PUD TABLE II PROJECT ABSORPTION SCHEDULE ESTIHATE PROJECT YEAR 1-6 Land Use No. Hotel Square Designation Units Rooms Feet (GLA) Residential 1100 e commercial and Office 405,700 Hotel 250 Golf Course *(1) - *(1) Golf Course - 18 holes with phased club facilities PROJECT YEAR 7-13 CUMULATIVE Land Use No. Hotel Square Designation Units Rooms Feet (GLA) Residential 2400 Commercial and Office 985,355 Hotel 250 Golf Course *(2) *(2) Golf Course - 54 holes with club facilities (Second golf course may be constructed prior to project year 7, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction. ) 2-9 TABLE IX (Cont'd) PROJECT im~SORPTION SCHEDULE ESTIMATES PROJECT YEAR 14-20 e Land use No. Hotel Square Designation Units Rooms Feet (G~) Land Use Residential 2700 Commercial 1,203,091 and Office 250 Hotel 'Golf Course ,(3) *(3) Golf Course = 54 holes with full club facilities (3rd golf course may be constructed after year 14, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) Project years shall be adjusted to correspond with the commencement of development. The above development program outlines multi-use categories which will be assigned to the various development pods shown on Map H. These land use categories will allow for a true mixed use development to occur and allow the "Developer" to respond to an ever changing market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assumes that buildout of the residential, town center and the majority of the office and commercial may occur in the first 12 years. 2-10 1VI&~7 - W.~I~K30015K SECTION RESIDENTIAL LAND USE 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H, Planned Unit Development Master Plan, as 'R' or Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 2700 dwelling units may be constructed e on lands designated as 'R' or Residential. 3.03 GENERAL DESCRIPTION Areas designated as 'R' or Residential on the Ma~ter Land Use Plan are designed to accommodate a full range of residential dwelling types. Approximate configurations of land use tracts have been indicated on the P.U.D. Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will be provided at the time of platting. Residential tracts are designed to accommodate internal roadways. 3.04 PERMITTED PRINCIPAL USES AND STRUCTURES 1) Detached and attached single family homes, cjuster homes, zeco lot line homes, patio homes, townhouses, multi-family dwellings, neighborhood recreational facilities, churches and other places of worship. 2 ) Water management facilities; essential services ( in accordance with Section 8.10a of the Zoning Ordinance). Lakes, including lakes with seawall and other types of architectural bank treatment. 3) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for outdoor recreation. 3-i 4) Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 3.05 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this district. 2)Essential services and facilities. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 3.06 DEVELOPMENT STANDARDS Table III sets forth the development standards for land uses within the 'R' Residential Oistrict. Site development standards for category 1, 2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: 1) If the parcel is served by a City or Coun'ty dedicated public right-of-way, setback is measured from the existing right-of-way line. 2) If the parcel is served by a private drive, setback is measured from back of curb or edge of pavement, whichever is closer to the structure. 3) Single family detached (Category 1 only) front setbacks shall be measured from the public or private road right-of-way line. , Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. Development standards for residential uses not specifically set forth in Table ZZI shall be established during Subdivision Master Plan or Site Development Plan Approval as set forth under Sections 2.03 and 2.11 of this document. Setbacks and buffer requirements from and along. the north property line within the northwest quadrant adjacent to lots on Coach House Lane shall be as follows: (a) One story single family structure: Principal - Accessory - 15' (b) One story multi-family or two story structure: Principal - Accessory - (c) Two story structure greater than 30' in height: Principal - Accessory - 75' (d) Three story structure: Principal - 175' Accessory - 175' (e) Four story structure: Principal - 400' Accessory - 400' (f) vehicular use areas, including garages and carports - 50' (measured to the structure or edge of pavement). (g) A 15' wide, as measured perpendiculaF to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaque as measured in every and any 25 foot by 25 foot section. The buffer shall be installed prior to construction of homes. (h) The number of dwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said north boundary. (i) ecincipal building structures shaZl no include more than 4 dwelling units within 175 feet o~ said north boundary. e , ~h~o story setback is measured to the second story portion of the structure. One story portion is to be measured as a one story structure, if it is a single family structure. DEVELOPMENT STANDARDS 'R' Residential Areas TABLE III PATIO, ZLL, OR SINGLE SINGLE TWO FAMILY CjustER, FAMILY FAMILY ATTACHED/MULTI-FAMILY DETACHED DETACHED OR DUPLEX TOWN HOUSE VILLAS CATEGORY 1 '4 2 '4 3 *4 4 '4 5 '4 °5 MINIMUM SITE 9000 5000 3500 1 AC 2500 AREA SF/Lot SF/Lot SF/Lot SITE WIDTH 75' 50' 35' 150' 16' MIN. AVG. qIi~SITE DEPTH 120' 100' 100' 150' N/A MIN. AVG. FRONT YARD 25' 20' 20'*1 20' P O' SETBACK SIDE YARD 7.5' 5' 0 or a 20' P SETBACK minimum 0' GC O' of 5' REAR YARD 20' P 15' P 15' P 20' P 10' P SETBACK PRINCIPAL 10' GC 10' GC 10' GC O' GC O' GC REAR YARD 10' P 10' P 10' P 10' P 10' P SETBACK ACSRY. O' GC O' GC O' GC 0' GC O' GC MAX. BUILDING HEIGHT STORIES ABOVE PARKING 2 2 2 6 °2 2 DIST. BETWEEN PRINCIPAL STR. 15' 10' O' or 5' 15'°3 - 1 story 7' 25'°3 - 2-3 story 30'°3 - 4 stories & higher FLOOR AREA MINIMUM (S.F.) 1200 1000 900 750 900 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front 8nd rear parcel lines at each side of the site, measured as strBight lines between the foremost points of the side parcel lines in the front (st the point of the intersection with the front parcel line) 8nd the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line). May be reduced on cul-de-sac lots. P. Perimeter or Internal Sites GC = Golf Course, or Lake Front Sites °1 This setback may be reduced to 12' for side entry gar8ge °2 Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum within the City of Naples for 8 units per acre or greater. °3 or 1/2 the sum of the adjacent buildings, whichever is greater. °4 During the County approvBI process, tracts shall be designated 8nd approved as a specific category. The 8pproved specific category shall not be changed unless the entire tract is consistent with the new category. Any change from an approved category to another shall be accomplished 8s per Section 2.7.3.5 of the Collier County Land Development Code. · 5 In the context here used "villBs" means development that occurs on a platted lot where the lots tend to form e cjustered home siting scheme accessed by an irregularly shaped private roadway system. Revised 12/10/96 3-5 SECTION GOLF COURSE/RECREATION/PARK/RIGHT-OF-WAY 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H Planned Unit Development Master Plan as, golf course, clubhouse, driving range, parks, right-of-ways; dedicated easements and utility corridors. 4.02 PERHITTED 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) Golf 2) Tennis Club and facilities 3) Water management facilities; essential services (in accordance with Section 8.10a of the Zoning Ordinance). Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe launches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalks, playground, picnic areas and other types of facilities intended for · outdoor recreation. 5) Community center/clubhouse(s). , 6) Storage, maintenance yards, and landscaping nurseries within FP&L easements, right-of-ways, and open space. Subject to approval of the persons or entities in whose favor the easement or right-of-way runs. 7} Project Information and Sales Center 8) Any other use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 4-1 B. Permitted Accessory Uses and Structures Accessory uses customarily associated with the principal uses permitted in this district including but not limited to: 1) Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area and pump houses, golf course rain shelters, restrooms, and snack bars. 2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applic.~ble supplementary district regulations of the Zoning Ordinance of Collier County. 3) vehicle wash facility 4.03 DEVELOPMENT STANDARDS 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 ten (10') feet from parcel boundaries, except for common boundaries between golf course, recreation and park uses, and water management facilities, in which case the setback is zero (0') feet. 3) Maximum height of structures: Fifty (50') feet, unless abutting a residentially zoned parcel, then thirty five (35') feet. 4) Minimum distance between principal buildings: Five (5') feet - I and 2 story buildings that are a part of an architecturally unified grouping of structures. Ten (10') feet - 1 story. Twenty (20') feet - 2 story. 4-2 5 ) Setback for structures from parcel boundaries abutting residential areas: Twenty (20') feet - principal structures. Ten (10') feet - accessory structures. 6) Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf course parking. 7) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits are requested unless otherwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 8) A 20' landscape buffer shall be provided along Golden Gate Parkway within the northwest quadrant adjacent to the golf course corridor. SECTION V CONSERVATION AND OPEN SPACE AREAS \ 5.01 PURPOSE The purpose of this Section is to set forth the regulations fox areas designated as conservation and open space. e 5.02A PERMITTED USES AND STRUCTURES - CONSERVATION AREAS 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: 1) Passive recreational areas, boardwalks, observation platforms. 2) 8iking, hiking, health and nature trails, canoe launches, golf cart paths. 3) Mater management facilities, roadway crossings and utility crossings. 4) Lighting and signage. 5) Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible with the intent of this district. 5.02B FERHITTED USES AND STRUCTURES - OPEN SPACE AREAS No building or structure, or part thereof, ~hall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Parks, passive recreational areas, boardwalks, observation platforms. Biking, hiking, health and nature trails, boat docks, fishing piers, canoe launches, boat storage, golf cart .. paths. 3) Equestrian paths. 5-1 4) Water management facilities and lakes, as approved by the South Florida Water Management District, roadway crossings and utility crossings. 5) Recreational shelters, active park facilities, and restrooms, off street parking, lighting and signage. 6) Any other activity or use which is comparable in nature with the foregoing uses and which the Collier County Planning Services ~anager or the City Community Development Director determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STA/~DARDS 1) Overall site design shall be harmonious with the area's natural characteristics. 2) All work proposed in wetland areas designated on the Master Plan shall be reviewed and approved by the Collier County environmental staff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) The County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to construction plan approval. Conservation areas are subject to jurisdictional agencies revie~ and listed usages do not guarantee that those usages will be approved. 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits are requested unless otherwise specified herein. SECTION COH/~ERCIAL 6.01 PURPOSE The purpose of this section'is to set forth the regulations for the area designated on Map H PUD Master Plan, as 'C' Commercial 'O/C' Office Commercial, 'C/H' Commercial Hotel, 'O' Office, and 'Town Center'. These are areas located within a designated activity center, therefore permitted e uses for these tracts are intended to be inclusive of all types allowed by the City of Naples and the Collier County Zoning Ordinance. 6.02 PERMITTED USES AND STRUCTURES No building or s~ructure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Permitted Principal Uses and Structures for C, O/C, C/H, an8 Town Center Tractst (a) Antique shops; appliance stores; art studios; art supply shops; automobile parts stores; automobile service stations without repairs (See Section 9.8),1; awning shops. (b).sakery shops including baking; bait and tackle shops*2; banks and financial institutions, including drive-in windowsF barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; business machine services; business · offices, building maintenance services and .building supplies. (c) Cabinet shops, canteen services, building maintenance services, building supplies, carpet and floor covering sales - which may incl~de storage and installation~ car wash; child care centers; churches and other places of worship (See Section 8.11),1; clothing stores; cocktail lounges (See Section 8.11)'1; commercial schools; confectionery and candy stores, concessions and vendors; civic and cultural facilities; colleges, universities and schools; convalescent centers and nursing homes; computer sales and services,2. *1 These section references are from the Collier County Zoning Ordinance. '2 Northeast and Southeast quadrants only. 6-1 (dl Delicatessens; department stores; drug stores; dry cleaning, collecting and delivery; dry goods stores; drapery shops*2; department stores. (e) Electrical supply stores; express office; employment agencies; equipment rentals repair and sales including lawn mowers and power saws. (f) farmers market*2, fish stores - retail only; florist shops; fraternal and social clubs (See Section 8.11)*1; food markets; furniture stores; furrier shops. (g) Garden supply stores - outside display in side and rear yards,2; gift shops; glass and mirror sales - including storage and installation; goutmet shops; gunsmiths. (h) Nardware stores; health food store; homes for the aged; hospitals and hospices; hotels, motels and transient lodging facilities; hobby supply stores. (i) Ice cream stores, indoor commercial recreation, interior decorating showrooms. (j) Jewelry stores. (k) LaUndries; laboratories, film research and testing; leather goods; luggage stores; linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (1) Markets - food; markets - meat; medical offices · and clinics; millinery shops; motion picture theatres; museums; music stores; mortgage brokers. (m) New car dealerships - outside display permitted; news stores; night clubs*2 {See Section 8.11),1; (n) Office - general - business, and professional; office supply stores. (o) Paint and wall paper stores; post offices; pet shops; photographic equipment stores; pottery stores,2; printing,2; publishing and mimeograph service shops,2; private clubs,2 (See Section 8.11),1; plumbing shops and supplies. *1 These section references are from the Collier County zoning Ordinance. '2 Northeast and Southeast quadrants only. 6-2 (p) Radio, television and ,appliance'~ales;. "and services; radio'stations (o'ffi6es and' 'studios), and auxiliary transmitters and receiving equipment, but not principal transmission tower; research design and development; real estate offices; rest homes; restaurants - including drive-in or fast food restaurants and full service (See Section 8.11)'1; retail sales of used goods; all uses permitted in Section IZI and IV of this document - subject to development standards identified in those Sections. (q) Small scale retail sales other than shopping centers; shoe sales and repair; shopping centers (See Section 10.5)'1; souvenir stores; stationery stores; supermarkets; sanatoriums; and interim sewage treatment plant*2. (r) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores; telephone exchange shops; transportation, communication and utility offices. (s) Variety stores; vehicle rentals, veterinarian offices and clinics - no outside kennels. (t) watch and precision instrument sales and repair shops. (u) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. (v) Any other cosmercial uses set forth in the City of Naples Development Agreement. , 2) Permitted Uses and Structures for '0' (Office) Tracts: (a) Art Studios (b) Banks and financial institutions, including drive-in windows; hook stores; business offices. *1 These section references are from the Collier County Zoning Ordinance. '2 Northeast and Southeast quadrants only. 6-3 (c) Child care centers; churches and other places of worship {see Section 8.11)~ commercial schools; civic and cultural facilities; colleges, universities and schools. (d) Express office~ employment agencies. (e) Fraternal and social clubs (See Section 8.11)'1. (f) Homes for the aged; hospitals and hospices. (g) Laboratories~ lakes and water bodies with seawalls and architectural bank treatments, or conventional lake banks. (h) Medical offices and clinics; mortgage brokers. (i) Office - general - business, and professional; office supply stores. (j) Private clubs,2 (See Section 8.11). (k) Radio stations (offices and studios, and auxiliary transmitters and receiving equipment, but not principal transmission tower)~ research design and development~ real estate offices; all uses permitted in Section Ill and IV of this document - subject to development standards identified in those Sections. (1) Transportation, communication and utility offices. (m) veterinarian offices and clinics - no outside kennels. (n) Any other commercial use or professional service .which is comparable in nature with the foregoing uses and which the Collier ,County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 3) Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. (a) Caretaker's residence (See Section 8.40)*. These section references are from the Collier County Zoning Ordinance. Northeast and Southeast quadrants only. 6-4 6.03 Development Standard~ 1) ~inimum Lot Area: Ten thousand (10,000) square feet. 2) Minimum Lot Width: One h~ndred feet (100'). 3) Minimum Setback Requirement. (Internal): (a) Front setback - Twenty feet (20'). (b) Side setback - None, or a minimum of five feet (5') with unobstructed passage from front to rear yard. (c) Rear setback - Fifteen feet (15'). (d) Waterfront setback-Zero feet (0') to seawall, bulkh~.ad, or rip rap, otherwise fifteen feet (15'). (e) Parcels with two frontages may reduce one front setback by ten feet (10'). 4) Minimum setbacks and buffers from external right- (a) Golden Gate Parkway - Fifty foot (50') setback, Twenty foot (20') landscape buffer. (b) Airport Road and Livingston Road - Twenty foot (20') plus two feet (2') for every one foot (1') of building height; twenty foot (20') landscape buffer. 5) Maximum Height: Fifty (50) feet. Hospital: Sixty-five ,(65) feet (Northeast quadrant only). 6) Minimum Floor krea of Structure~: One thousand (1,000) square feet per building on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum structure of twenty-five (25) square feet, and are not bound by setback requirements. '1 These section references are from the Collier County Zoning Ordinance. '2 Northeast and Southeast quadrants only. 6-5 WIld'l? - W,O I2IX3OI S IIIC 7) Maximum Floor Area Ratio (FAR) for Commercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: .30 Project total 604,638 GLFA Office: .35 Project total 598,453 GFLA 8) Maximum Density Of Hotel. Motel and Transient Lodgin~ ~: 30 rOOms per acre. 9) Distance Between Structures: Same as for side yard setback. 10) Standards for parking, landscaping, signs, guard houses, e..~rance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits are requested unless otherwise specified herein, Unless otherwise indicated, setback, heights, and floor area standards apply to principal structures. 11) A twenty-five (25) foot landscape strip of land shall be provided along all arterial road commercial frontages. 12) The minimum setback for the hospital in the Northeast quadrant shall be 400 feet from the rights-of-way of Golden Gate Parkway and Airport-Pulling Road. 13) The public internal loop road in, the Northeast quadrant shall be constructed in .accordance with Collier County standards and shall be in place prior to the issuance of the certificate of occupancy for the hospital use. · 1 These section references are from the Collier County Zoning Ordinance. -2 Northeast and Southeast quadrants only. 6-6 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.01 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 7.02 P.U.D. MASTER PLAN 1) The P.U.D. Master Plan - Map H is an iljustrative preliminary development plan. The design criteria and layout iljustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. 2) All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities. 3) Site design changes shall be permitted subject to Collier County and/or City of Naples staff administrative approval, where such changes are consistent with the intent of this P.U.D. and dO not cause significant impact to surrounding properties abutting the Grey Oaks PUD. 7.03 ENVIRONMENTAL 1) Petitioner shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element Objectives 6.4.6 and 6.4.7, Ordinance No. 82-2 as amended by Ordinance No. 89-49, and Ordinance No. 75-21 as amended by Ordinance No. 89-58. The 25% shall be 'monitored at e~ch site clearing plan submittal. The petitioner shall receive credit from any phase where the 25% amount is exceeded to be applied to, a phase where it is not. In any phase of development where credit toward the 25% is needed the petitioner shall delineate on the site clearing plan the percentage of viable naturally functioning native vegetation retained and/or areas of landscaping and open space which are planted with native species. The petitioner shall show the calculations on each site clearing plan'which totals the overall 25% for the project build-out. 2) Petitioner shall be suBJect to Ordinance No. 82-2 as amended by Ordinance No. 89-57 (use of native species in landscaping). 7-1 3) Petitioner shall be subject to Ordinance No. 82-37 as amended by Ordinance No. 89-53 (removal of exotic species). 4) Petitioneb shall be subject to the Collier County Growth Management Plan Conservation and Coastal Management Element Policy 12.1.3 {discovery of an archaeological or historical site, artifact or other indicator of e preservation). 5) Petitioner shall obtain all necessary local, state and federal permits. Copies of appropriate jurisdictional delineations are required at the time of subdivision master plan per the County Engineer. 6) Petitioner sha,1 be subject to Collier County Growth Management Conservation and Coastal Management Element Policies 7.3.4, 7.3.6 and 7.3.8. 7) Protected plant species (butterfly orchid) and those which may be observed during each construction phase shall be protected from injury or reiDcared on site. The existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of construction. 8) The petitioner must receive all appropriate state approvals for storing and handling hazardous materials prior to construction of the golf maintenance facilities. All hazardous materials will be stored in a central location, removed from the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials, that is in excess of two (2) days supply, at the satellite facilities. However, petroleum storage at these 'facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and FDER standards.. The petitioner shall submit any required contingency plans approved by appropriate state and federal agencies for clean up and mitigation of unauthorized release of hazardous materials. 9) The preservation or conservation areas shall be delineated on any plat which includes the preservation/conservation area. 10) Buffers around protected wetlands shall comply with South Florida Water Management District criteria. 7-2 11) Control structure elevations in protected, created or restored wetlands shall be established to maintain or improve adequate hydroperiods. The control structure elevation shall be designed to meet the requirements of South Florida Water Management District and Collier County Growth Management Plan Conservation and Coastal Management Element Policies 6.2.2 and 6.2.13. 12) Prior to the Subdivision Master Plan and Site Development Plan submittal for development which is adjacent to a wetland, all boundaries of the County Jurisdictional wetland areas shall be flagged by the petitioner and field verified by Collier County Environmental Staff. 13) Quantitative criteria for mitigation shall be based on the results of final field determinations made by the South Florida Water Management District and Collier County Environmental Staff at or prior to the time. of construction plan approval. Compensation proposals shall provide reasonable assurance that resource impacts will be offset. a) Mitigation plans proposed in wetlands to be preserved, restored, enhanced shall include a description of area (location and size), vegetation proposed to be planted, source of vegetation (transplantation from impacted areas preferred), hydrologic regime, exotic vegetatign removal, monitoring and maintenance plan. Monitoring and maintenance programs shall be provided for a minimum of five years post construction by the entity responsible for common area maintenance, established by the developer. Said program shall be reviewed and approved by Collier County Project Review Staff. b) Mitigation proposed in upland areas shall emphasize the retention of existing vegetation and shall focus on establishment of native vegetativ~ "communities". c) Lakes mitigation in the lakes designated on conceptual site plans shall include littoral zone plantings of native, aquatic vegetation. 14) Petitioner shall be subject to all environmental ordinances in effect at the time of final approval of the PUD document by the Board of County Commissioners, unless specifically exempt in the PUD document. 15) The PUD Master Development Plan shall be revised prior to' review by the Collier County Planning Commission to add a note which indicates the 'w" represents wetlands to be preservation areas. These areas are approximate and will be refined during the permitting process. 7-3 7.04 WATER HJ~NAGEMENT 1) Detailed paving, grading and site drainage plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is gr~hted by Project Review Services. 2) In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 2S-year return frequency. 3) An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWHD rules. Several of the lakes proposed do not meet the minimum setback requirements of Ordinance 88-26. The ma..cer plan shall be revised to meet the minimum setback requirements or documentation shall be provided during the Subdivision Master Plan process to allow a reduction in the setback with appropriate barriers provided. 4) The lake and swale typical cross-sections shall conform to all applicable County Ordinances. 5) This project is recommended for approval for rezoning and DRI purposes only. Detailed site drainage plans of each drainage sub-basin shall be submitted to the Water Management Advisory Board for review. No construction permits shall be issued unless and until approval of each individual drainage sub-basin is granted by the Water Management Advisory Board. 6) 'An executed agreement between the applicant, Big Cypress Basin and the South Florida Water management District, detailed' plans and associated documentation relating to the installation of the new control structure and the teloration of the existing amil gate structure including back pump facilities shall be submitted to the Water Management Advisory Board for review prior to construction plan approval. 7) A copy of the South Florida Water management District Conceptual Permit or favorable staff report shall be required prior to Subdivision master Plan approval. 8) A copy of South Florida Water Hanagement District Permit or Early work Permit is required prior to construction plan approval. 7-4 9) Documentation from Florida Power and Light allowing use of their right-of-way for the purposes of water management shall be provided prior to Subdivision Master Plan approval. 10) This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management District/Big Cypress Basin. 7.05 TRANSPORTATION 1) The developer shall provide appropriate left and/or right turn lanes on Airport Road, Golden Gate Parkway and Livingston Road at all project accesses. 2) The developer shall provide arterial level street lighting at all project a~cesses. 3) The developer shall provide a fair share contribution toward the capital cost of traffic signals, including interconnection where applicable, at any project access when deemed warranted by the County. The signals will be owned, operated and maintained by Collier County. 4) Livingston Road Right-of Way Dedication: a) The developer shall dedicate sufficient right-of-way north of Golden Gate Parkway to establish a right-of-way corridor 120 feet in width along the entire length of the developer's property, taking into consideration the existing Livingston Road right-of-way easement. Additional right-of-way within the Florida Power and Light easement may be . required subject to approval and releases by Florida Power and Light. b) The developer shall dedicate 50 , feet or road right-of-way south of Golden Gate Parkway along the length of the developer's property. In addition, for a distance of 200 feet south of Golden Gate Parkway, the developer shall dedicate an additional 50 feet in width immediately west of the aforementioned right-of-way. Said additional 50 feet in width may be in the form of a 25 foot wide road right-of-way dedication and a 25 foot wide easement for drainage, water management, landscaping, and bikepath use. For the next 800 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in width in the south, [n a diminishing line immediately west 7-5 of the aforementioned right-of-way. Said additional property shall, to the extent it exceeds 25 feet, be in the form of an easement for drainage, water management, landscaping, and bikepath use. The · easements" (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback and buffer requirements for the adjacent property. 5) The developer shall dedicate 40 feet of right-of-way along e the north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gate Parkway drainage into the water management system of the developer's project, and shall accept all drainage from both a quality and quantity standpoint. The developer shall dedicate 40' for right-of-way on each side of Golden Gate Parkway between Airport Road and Livingston Road. 7) Collier County reserves the right to expand the lanes on Airport Road by adjusting the cross section of the existing canal to incorporate road run-off in the lake system. 8) The developer shall dedicate sufficient right-of-way at the intersection of Airport Road and Golden' Gate Parkway to allow a grade separated urban interchange with Golden Gate Parkway being the grade separated roadway. 9) All traffic control devices used, excluding street name signs, shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 10) If Collier County adopts a proportionate share or areawide transportation assessment program, or modifies its Impact Fee ordinance, to provide additional credit for right-of-way dedication, the developer shall be entitled to such a credit towards the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres more or less. 11). The number, type, and location of, and allowable changes to project access intersections with County roads shall be as set forth in Exhibit D to the Halstart DRl/Grey Oaks Development Order. 12) Impact fee payments shall be made to Collier County pursuant to the Impact Fee Ordinance in effect at the time of relevant permit application, said Impact Fee Ordinance currently being Ordinance 90-14, amending o~d~nance 85-55. 7.06 UTILITIES 1) The water distribution system and appurtenant facilities to serve the project are to be designed, constructed, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 2) The sewage collection, transmission and treatment and disposal facilities to serve the portions of the project on the west side of Airport Road are to be designed, construction, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 3) Provisions for sewer service to those portions of the project lying on the east side of Airport road shall be as follows, unless a service area modification is approved between the City of Naples and the Collier County water-Sewer District prior to the submission of subdivision master plan applications to Collier County for the project. a) The sewage collection and transmission and interim sewage treatment facilities to serve the portions of the project on the east side of Airport Road are to be designed, constructed, conveyed, owned and maintained in accordance with -Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. b) All customers connecting to the sewage collection facilities to be constructed will be customers of the County and will be billed by the County in-~ccordance 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 off-site water and/or sewer facilities are available to serve the project. c) It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project. Should the County system not be in a position to receive the project's wastewater, at the time development commences (that ?-7 generates wastewater), the Developer, at his expense will install and operate interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regularDry agencies. An agreement shall be entered into between the County and the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of Collier County Ordinance No. 88-76, as amended. d) The utility construction documents for the proJect's '.- sewerage system shall be prepared to contain the design and construction of the on-site force main which will ultimately connect the project to the future central sewerage facilities of the District in the Airport Road rights-of-way. The force main must be extended from the main on-site pump station site to the east rights-of-way line of Airport Road and capped. It 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 the approval of construction d~cuments that provide for development that generates wastewater 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 the service through its sewer facilities. f) The proJect's Developer(s), his assigns or successors shall negotiate an Agreement with the Collier County Water-Sewer District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for e providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DER, consistent with the volume of treated wastewater to be utilized. 7-8 4) Subdivision master plans shall identify the location of interim wastewater treatment facilities required. In addition, documentation must be provided to verify that the site is of adequate size for the facility intended. 7.07 SIGNAGE 1) General a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in this section. b) ~or the purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. c) Should an~ of the signs be requested to be placed within the public right-of-way, a right-of-way permit must be applied for and approved. d) ~11 signs shall be. located so as not to cause sight distance problems. 2 ) Entrance Signs a] T~o (2) signs with a maximum area of 6b square feet each or one (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the development. b) Entrance signs shall not exceed a height of fifteen - (15) feet above the finished ground level of the sign si~e. c) Entrance signs may be lighted provided all lights are shielded. 3) Project Signs a) Project signs, designed to promote the Project, or any major use within the project shall be. permitted along the east and west side of AIrport Road, the north and south side of Golden Gate Parkway, and the west side of Livingston Road, and on all land tracts within Grey Oak PUD limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the 7-9 sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of fourteen (14) project signs shall be permitted. Six.(6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one-quarter mile spacing requirement unless existing vegetation requires a somewhat closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden , Gate Parkway with Airport Road and Livingston Road. 3) Project signs may be lighted provided all lights are shielded. 7.08 ENGINEERING 1) Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submmitted plans is granted by Project Review Services. 2) Design and construction of all improvements shall be subject to compliance with the appropriate pcovisioins of the Collier County Ordinances regulating subdivisions, unless otherwise appcoved as an exception to said regulations during Subdivision Approval. 3) 'Platting shall be accomplished when required by Collier County Ordinances regulating subdivisions. 4) work within Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance 82-91. 5) internal access into tracts as shown on the PUD Master Plan is informational only. Exact locations shall be determined during Subdivision or Site Development Plan approval. 7.09 EXCEPTIONS TO SUBDrVISION REGULATIONS Exceptions to subdivision regulation shall be requested at the time of application for subdivision approval in accordance with applicable subdivision regulations in effect at the time of development. 7-I0 7.10 SCHOOL DISTRICT The applicant shall dedicate a fifteen (15) acre achool site to the Collier County School District at a location (off-site) agreed upon between the Applicant and the School District. 7.11 FIRE STATION/EMS SITE The applicant shall dedicate a 1.5 acre site for use by the North Naples and the East Naples Fire Districts, together with Collier County Emergency Medical Services. The site shall be dedicated in fee simple, subject to the following conditions: 1) The site shall revert to the owner if it is not utilized for a fire and rescue facility for at least five (5) years. 2) If either fire district for the Emergency Medical Services adopts impact fees the Applicant shall be entitled to impact fee credit for the dedicated site based on the fair market value on the date of dedication. 7.12 HOSPITAL CERTIFICATE OF NEED In the event that the Certificate of Need (CON) is not sustained for the Columbia Hospital Group, then the 65' height limit shall . revert to 50' and the commercial/office gross leaseable square footage shall revert to 956,091 S.F. GLFA. Notice shall be provided to the County Development Services Division by the Developer relative to the CON resolution. 7-11 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. 97-45 Which was adopted by the Board of County Commissioners on the 16th day of September, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of September, 1997. C erk of Courts an'd~ie'~'k,,. Deputy Clerk '- .-. ~.~