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Ordinance 97-69 ORDINANCE NO. 97- 69 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 B'f AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER - ~060910; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROH "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS THE CLUB ESTATES PUD CONTAINING A DEVELOPMENT STRATEGY CONSISTING OF TWENTY-EIGHT (28) SINGLE FAMILY DETACHED HOUSING LOTS AND HOMES LOCATED ON THE WEST SIDE OF C.R. 951 (ISLE OF CAPRI ROAD) IMMEDIATELY CONTIGUOUS TO THE PROPERTY KNOWN AS NAPLES NATIONAL GOLF AND COUNTRY CLUB, IN SECTION 10, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 155.8 ACRES; AND BY PROVIDING AN EFFECTIVE [)ATE. WHEREAS, John P. Asher, P.E., of Coastal Engineering Consultants, Inc., representing The Club Estates, L.C., 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 o'f Collier County, Florida: SECTION ONE: The zoning classification of the herein described real property located in Section 10, Township 50 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Club Estates PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map Number 060910, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. RECEIVED *' Clerk , Of Board ,, -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~/:(__L day of ~o~ , 1997. ;..!i/;.,='. BOARD or COUNTY COMMISSIONERS · COLLIER COUNTY, FLORIDA 'DW~GH~ 7E'~,.BROC~/tlerk Approved as to Form and Legal Sufficiency ~ o~d]non~e {~d w~h ~reta~ of S~e:~ ~ Office · ~ ~. ~ a~ acknowledgemerit of JHing received ~his ~ ~Y Student of . ? / Assistant County Attorney f/PUD-97-90RDXNANCE/ -2- 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. 97-69 Which was adopted by the Board of County Commissioners on the 4th day of November, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 7th day of November, 1997. . DWIGHT E BROCK Clerk of Courts and'~.'Cl~k.. Ex-officio to Boar.d..pf County CommissioneZ~f Deputy Clerk THE CLUB ESTATES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN . GOVERNING THE CLUB ESTATES A PLANNED UN.IT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: THE CLUB ESTATES, L.C. 4141 ISLE OF CAPRI ROAD NAPLES, FLORIDA 34114 PREPARED BY: COASTAL ENGINEERING CONSULTANTS, INC. 2800 SOUTH HORSESHOE DRIVE NAPLES, FLORIDA 34104 CEC FILE NO. 96.032 NOVEMBER 4, 1997 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ! ~-o~-97 ORDINANCE NUMBER 97-69 ~MENTS AND REPEAL 9 ~-!o2 TABLE OF CONTENTS PAGE LIST OF EXHIBITS AND TABLE i STATEMENT OF COMPLIANCE ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION SECTION II PROJECT DEVELOPMENT REQUIREMENTS SECTION III LOW DENSITY RESIDENTIAL AREA PLAN SECTION IV COMMONS AREA PLAN SECTION V CONSERVATION/PRESERVE AREA PLAN SECTION VI DEVELOPMENT COMMITMENTS LIST OF EXHIBITS AND TABLES EXHIBIT A PUD Master Plan EXHIBIT B Typical Lot Plan EXHIBIT C Typical Road Cross-Section STATEMENT OF COMPLIANCE The development of approximately 155.8 acres of property in Collier County, as a Planned Unit Development to be known as THE CLUB ESTATES will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of THE CLUB ESTATES will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: Residential Proiect 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property' s location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Improvements are planned to be in compliance with applicable forthcoming !and development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1 .H and L of the Future Land Use Element. 6. The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forthcoming regulations required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The Planned Unit Development includes open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities. 8. The projected density of 0.18 d.u. per acre is in compliance with the Future Land Use Element of Growth Management Plan based on the following relationships to required criteria: Base density: 28 d.u. Project area: 155.8 Acres 28 d.u./155.8 Ac = 0.179 d.u./Ac. Density allowed = 3 d.u./Ac. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the properly, and to describe the existing conditions of the property proposed to be developed under the project name of THE CLUB ESTATES. 1.2 LEGAL DESCRIPTION The subject property being 155.8 acres, is described as: The South one half of the South one half of Section 10, Township 50 South, Range 26 East, Collier County, Florida, LESS AND EXCEPT the East 125.00 feet for County right- of-way and/or Utility E,tsements, as appear in those certain deeds and instruments recorded at O.R. Book 1952, Page 2219. 1.3 PROPERTY OWNERSHIP The subject properly is currently under the ownership of Richard K. Bennett, as Successor Trustee of Land Trust 5385. 1.4 GENERAL. DESCRIPTION OF PROPERTY AREA The project site is located in the South 1/4 of Section 10, Township 50 South, Range 26 East. Generally, the project is located on the west side of CR-951 approximately one mile north of Rattlesnake Hammock Road. The zoning classification of the subject property prior to the date of this approved PUD Document was Rural Agricultural. 1.5 'PHYSICAL DESCRIPTION The undeveloped property is south of Naples National Golf Course development, east of the Naples Heritage Golf Course community, noaheast of the Wing Park South subdivision, north of undeveloped land and west of CR-951. The project is located in the C-4 Canal Drainage Basin. The average existing elevation is 9.5 NGVD with specific spot elevations ranging from 8.3 to 10.4 NGVD. The depths to bedrock in the area varies from some four (4) feet to more ttmn twelve (12) feet. All of the site is in Flood Zone X according to Firm Maps 120067 0605E and 120067 tMI5D. I-I The soil types on the site include Pineda fine sand (approximately 75%), Boca fine sand (approximately 20%) and Chol~e (approximately 5%). Soil characteristics wer~ deriv~ from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in March 1954. 1.6 PROJECT DESCRIPTION The completed project will be a private gated community consisting of 28 residential lots, a common tennis recreation area and two interconnected lakes. The lots and lakes will be located on the interior of the perimeter access road. Each lot will have a permanent concrete block or stone retaining wall surrounding the lot agd driveway. 1.7 SHORT TITLE This Ordinance shall b~ known and cited as the MTHE CLUB ESTATES PUD? I-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 GENERAL Regulations for development of THE CLUB ESTATES shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in efi.~ct at the time of building permit application. Where thec~ regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of THE CLUB ESTATES shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of any other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.3. DESCRIPT[..ON OF PROJECT PLAN AND pROPOSED LAND USES The project Master Plan, including layout of streets and us~ of land for the various tracts, is illu.stntted graphically by Exhibit "A", PUD Master Development Plan. There shall be approximately six (6) land use tracts, plus necessary water management lakes and street rights. of-way, the general configuration of which is also iljustrated by Exhibit 'A'. II-1 .... TRXCT ~1 ...... DEVELOPMENT TYPE ' [UNiTS}S:I XREA L SINGLE FAMILY LOTS" .. .. 28 .... 47.6 AC ' T COMMON ARE,~dTENNIS"'CENTER 4,000 S.F. 0.7 AC CA CONSERVATION AREA N/A 67.4 AC O 'LAKES AND CONSERVATION AREA N/A 26.4 AC R ROADS/RIGHT-OF-WAY N/A 13.6 AC TL TURN-LANE N/A 0.1 AC TOTAL 155.8 AC Areas iljustrated as lakes by Exhibit 'A' shall be constructed as lakes or, upon approval, parts thereo{ may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general con?guration and contain the same general acreage as shown by Exhibit 'A'. Minor modification to all tracts, lakes or other boundary may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5 and 2.7.3.5 respectively, of the Collier County Land Development Code or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various Tracts as may be nece~_~__ry. 2.4. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 28 single family residential dwelling units, shall be constnacted in the total project area. The gross project area is 155.8 acres. The gross project density, therefore, will be a maximum of 0. 18 units per acre. 2.5. RELATED pROJECT PLAN APPROVAL REQ...U'HtEMENTS A. Prior to the recording of a Subdivision Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriat~ Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code and the platting laws of the State of Florida. II-2 B. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat if applicable shall be submitted for the entire area covered by the PUD Master Plan. Any division of properly and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code when applicable shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contetnplating fee simple ownership of !and for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastmctural improvements regarding any dedications and methods for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes/model home centers including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: A. One "wet" and one "dry" model may be constructed prior to recording of a plat. Location is limited to future, platted single family lots. Permits for all models must be applied for by project owner. B. The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan process. D. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collie 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. II-3 E. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be allowed. Access to the "wet" model shall be provided by a paved road or temporary driveway and shall have a supporting parking lot. F. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model homes within the project only as provided herein. G. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the rimoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. 2.6. AMENDMENTS TO P~[ID DOCUMENT OR PUD MASTER pLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2.7 ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal instruments for the establishment of a Property Owners Association whose function shall include provisions for the perpetual care and maintenance of all common facilities and open space subject further to the · provisions of the Collier County Land Development Code, Section 2.2.20.3.8. II-4 SECTION HI LOW DENSITY RESIDENTIAL AREA PLAN 3.1. PURPOSE The purpose of this Section is to identify specific development standards for areas designated on Exhibit "A" as Tract "L", Low Density Residential. 3.2. MAXIMUM DWELLING UNITS For the purpose of this section low density residential is defined as 4 or less dwelling units per acre on the tract(s) allocated to this purpose. The maximum number of low density dwelling units allowed within the PUD shall be as follows: Tract L 28 Total 28 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Single Family Dwelling Unit 2. On-site sewage treatment plant/facilities (see Section 3.5) B. Accessory Uses: 1. Customary acce.&sory uses and structures, including private garages. 2. Common recreation ameniti es. 3. Detached Guest Houses 4. Commercial Excavations III-I 3.4. DEVELOPMENT STANDARDS A. GENERAL: All yards and set-backs shall be in relation to the individual lot boundaries, except as otherwise provided. B. MINIMUM LOT AREA: 20,000 square feet. C. MINIMUM LOT WIDTH: The minimum lot width measurement shall start approximately 50 feet back from the right-of-way and shall not include the narrow driveway portion of the lot. 1. 'Comer Lots - 100 feet 2. Interior Lots - 100 feet D. MINIMUM LOT ?RONTAGE: I. 30 feet, measured at the right-of-way line. E. MINI~M YARDS: It is anticipated that the residential lots will be uniquely shaped and that no lots will share a common lot line. Each lot will be separated by a Common Area buffer averaging 80 feet in width. Therefore, the minimum side and rear yard of zero (0') feet is justified. Please see the Typical Lot Plan, Exhibit "B". 1. Front Yard: 50 feet from Right-of-Way. 2. Side Yard: 0 feet 3. Rear Yard: 0 feet 4. Front yard setbacks shall be measured as follows: (a) If a lot or parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line, even if the lot or parcel is "T" or flag shaped. (b) If a lot or parcel is served by a non-platted privat~ drive, setblink is measured from the back of curb or edge of pavement. (c) If a lot or parcel is served by a platted private drive, setback is measured from the road easement or properly line. III-2 F. MINIMUM FLOOR AREA: 1. 3,000 square feet G. MINIMUM DISTANCE BETWEEN PRINCIPAL AND ACCESSORY STRUCTURES: I. 10 feet H. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. I. MAXIMUM EIGHT: 1. Principal Structure - 50 feet and 3 stories above the minimum base flood elevation 2. Accessory Structure - 35 feet and 2 stories above the minimum base flood elevation 3.5 SPECIAL USE A portion of Tract "L" may be used as the temporary location of a sewage treatment plant and oxidation/evaporation pond if a the County treatment and collection system is not available to serve the project. At such time as the treatment plant is discontinued, all of Tract "L" shall be utilized for single family development as provided for by this Section. A. DEVELOPMENT STANDARDS 1. MINIMUM YARDS: Structure - Fifty (50) feet from sewage treatment plant parcel boundary. Ponds - 20 feet from sewage treatment plant parcel 2. LANDSCAPED BUFFER REQUIREMENTS: Twenty (20) feet landscaped buffer pursuant to the planting and opaeity requirements of Division 2.4 of the Land Development Code. 3. MAXIMUM HEIGHT: Thirty (30) feet. III-3 SECTION IV COMMONS AREA PLAN 4.1 PURPOSE. The purpose of this Section is to set forth the development plan and development standards for the area(s) designed as Tracts "O" and "'F', Commons Area/Conservation Area on the PUD Master Development Plan, Exhibit "A". The primary function and purpose of these Tracts will be to provide aesthetically pleasing open areas and recreational facilities. Except in areas to be used for water impoundment and principal or accessory use areas, all natural trees and other vegetation as practicable shall be protected and preserved. 4.2 USES PERMrYFED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1. Lakes 2. Open Spaces/Native Preserves (Conservation A;'ea) 3. Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or passage through the commons areas. 4. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. 5. Tennis courts, shuffle board courts, swimming pools, and other types of facilities intended for outdoor recreation. 6. Commercial Excavations B. Accessory Uses: 1. Clubhouse and other customary accessory uses for tennis facilities, or other recreational facilities. 2. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. IV-I 4.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and location and treatment of buffer areas. B. Buildings shall be setback a minimum of thirty (30) feet abutting residential districts and a landscaped and maintained buffer shall be provided. C. There shall be no setback requirements for Tract "T" (tennis center) due to the isolated nature of the tract. Structures shall comply with the SFWMD and ACOE permits. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. E. A site development plan meeting all of the Development Regulations shall be required in accordance with Section 2.5 of this PUD document. F. MAXIMUM HEIOHT: I. Principal Structure: 30 feet. 2. Accessory Structure: 30 feet. G. MINI~ OFF-STREET PARKING AND LOADING No off-street parking is required for Tract "T" (tennis center). Access to the facilities will be by pedestrian, bicycle or golf cart, all of which will utiliz~ a raised boardwalk for ingress.-~gress. No automobile traffic is anticipated. 4.4 OFF-SITE REMOVAL OF EARTHEN MATIERI~L The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permiRed. After · consideration of fill activities on those buildable portions of the project sit~ there will be a surplus of earthen material. Therefore, its off-site disposal is also hereby permitted subject to the following conditions: A. Commercial excavation activities shall comply with the definition of a "commercial excavation" pursuant to Division 3.5 of the Land Development C, od~. A Commercial Excavation Permit pursuant to Division 3.5 of the Land Development Code must be obtained. B. All other provisions of said Division 3.5 are applicable. IV-2 SECTION V CONSERVATION/PRESERVE AREA PLAN 5.1 PURPOSE Conservation/Preserve Area - The purpose is to preserve and protect vegetation and naturally functioning habitat in their natural state. 5.2 USES PERMITTED No building or structure or part thereof, shall b~ erected altered or used, or land used, in whole or in part, for other than the following, subject to regional state and federal permits when require~l; A. Principal Uses: 1. Open Spaces/Nature Preserves. 2. Lakes as shown on the PUD master plan. 3. Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approvals by permitting agencies. 4. Boardwalks subject to appropriate approvals by permitting agencies. 5. Perimeter security fences or walls. 6. Native vegetation landscaping. 7. Permitt~ mitigation activities. V-I SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. 6.2 GENERAL. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to t~tis PUD. Except where specifically noted or stated otherwise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land x~.i'hin the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall agree to follow the Master Plan aad the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title is also subject to any commitments within this agreement. 6.3. PUD MASTIER PLAN Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual ~ nature. Proposed tract, lot or land use boundaries or special !and use boundaries shall not be consu'ued to be final and may be varied at any subsequent approval phase as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made · from time to time. All necessary casements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 6.4. 8CHEDU'[,[2'- OF DEVELOPMENT/MONITORING REPORT AND SUNSET pROVISION A. |nfrastructurc: It is the dcvclopcr's intent to construct the first phase of infrastructure for the single family lots within two (2) years from the date of approval of the PUD Ordinance. VI-1 B. Recreational FacilitieS; By the time building permits for 50% of the residential units are issued, the developer agrees to have constructed the two (2) tennis courts in the location shown on the PUD Master Development Plan. No facilities shall be dedicated to Collier County. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowner's Association. The Homeowner's Association By-Laws shall include a provision that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowner's As~ciation. C. Monitorins~ Report; An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. D. .Sunse[ provisions: All PUD's shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. 6.5. VARIANCE AND EXCEPTIONS TO SUBDMS!ON REGULATIONS Variances and exceptions to Division 3.3 of the Land Development Code shall be made part of a concurrent application for Preliminary Subdivision Plat approval. 6.6. TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Access from CR 951 shall be consistent with the County's Access Management Policy, Resolution 92-422, as mended. B. Turn lanes in accordance with Ordinance 93-64, as amended, shall be required as a component of the construction plan/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of the Phas~ One subdivision improvements. C. Nothing in any zoning approval shall operate to vest any right to a median opening in this project. D. The developer shall be responsible for the installation of arterial level strut lighting at all project entrance as a component of the construction plan/final plat approval for the first development phase. They must be completed prior to preliminary acceptance of the Phase One subdivision improvements. VI -2 E. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. F. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. G. Road improvements required for this project, both site specific and system capacity, shall be in place prior to the issuance of any Certificates of Occupancy for the development. H. Compensating Right-of-Way for turn lanes and median areas shall be dedicated by the developer to reimburse the County for the use of existing Right-of-Way at the time said turn lanes are required by Collier County. Such dedication shall be considered site r~-lated and there shall be no road impact fee credit to the developer. I. The developer shall reserve fight-of-way for a future east-west road along the south property line of the project as depicted on the PUD Master Plan. The developer shall be eligible for Road Impact Fee credits at the time the reserved right-of-way is dedicated, pursuant to Ordinance 92-22 and Section 390.06(16), Flo.rida $.tatues. 6.7. WATER MANAGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditions: · A. The SFWMD ERP Permit for the project. B. The ACOE Dredge-Fill Permit for the project. C. An excavation permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and the SFWMD ndeso VI-3 6.8. UTILITIES The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Water distribution, sewage collection and tr, msmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County roles and regulations. B. Water Facilities Looping and Stubs: The on-site water distribution system to serve the project must be connected to the distric['s water. main on CR951 consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of ~.~ese facilities, the following features shall be incorporated into the distribution system: I. Dead-end mains shall be eliminated by looping the internal pipeline network. 2. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project, or the limit of jurisdictional wetlands, at locations to be mutually agreed to by the County and the developer during the design phas= of the project. C. Connection to the County Central Sewer System or a Master Pump Station: The utility conslxuction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) main on-sit~ pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The developer's engin~r shall me~t with County staff prior to commencing preparation of construction drawing so that all ~ of the sewerage system design can be coordinated with the County's sewer mater plan. D. Off-site Utilities Improvements: 1. Water - The existing off-sit~ water facilities of tbe district must be evaluated for hydraulic capacity to serve this project and reinforced aa required, if necessary, consistent with the County's wala master plan to insure that the district's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the district's existing committed capacity. 2. Sewer - The existing off-site sewage transmission facilities of the district must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. 6.9. ENGINEERING The development of this PUD Master Plan shall be subject to and governed by the following conditions: A. Crrassed slopes of 3H:lV may be used for berm heights to 4 feet throughout the project based on the construction plans approved as part of the SFWMD ERP and ACOE Dredge-Fi!! Permits. Berms greater that 4 feet in height shall use slopes no greater than 4H: 1V. B. The typical road cross-section as defined in Exhibit "C" shall be used throughout the project. The road section may vary to allow the travel path to meander inside of the right-of-way. C. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance No. 93-64. 6.10. ENVIRONMENTAL The dew:lopment of this PUD Master Plan shall be subject to and governed by the following conditions: A. Permits or letters of exemption from the U.S. Army Corps of Endricers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final plat/construction plan approval. B. Environmental permitting ahall be in accordance with the Stxae of Florida Environmental Resource Permit Rulea and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. VI-5 C. All conservation areas shall be designated as conservation/preservation tzacts or easements on all consu'uction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. In the event this project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. D. Buffers shall be provided around weftands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty- five (25) feet from the landward edge of wetlands. Where natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Staff. E. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. F. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service O. JSFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wildlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan. 6.11. ACCESSORY STRU~ Accessory structures shall be constructed simultaneously with or following the · construction of the principal structure except for a construction site office and model 6.12. SIGNS All signs shall be in accordance with Division 2.5 of the Land Development Code. 6.13. LANDSCAPING FOR OFF. STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. Vl-6 ~ NAPI. F.S NA11ONAJ. GOLF' CC)URS~ _"'~ N o ooo / ~ \ I ~ ~ ~ ~ x ~ I SCA~: [" = 600' ~/~ / ) I reACT L I j reACT CA mAC ~ACT L ~ACT T ~ ,~r ~ ~ R W RESERVA~ON ~ ~ ~ PUD LAND USE AND ~ACT AREAS ~ACT DE~LOPMENT ~E AREA L SINGLE FAMILY LO~ 47.6 A~ (LOW DEN~W RESIDEN~AL) T COMMON AREA~NNIS CEN~R 0.7 AC CA CONSERVA~ON AREA 67.4 AC R ROAD~.O.W. 13.6 AC !. ~ ~T-~-WAY ~A~ I1-~-97 ~-::u~ NOTE: THE DEVELOPMENT SHOWN IS . HYPOTHETICAL FOR THE PURPOSE OF mu~uu~ nu'-'"'~ DEMONSTRATING THE RELATIONSHIP AND PROXIMITY OF D~LLINGS TO LOT LINES AND ADJACENT LOTS OR ~ACTS ,J I "~ II II PA~T EX/] "B" COASTAL ENGINEERING CONSULTANTS, INC. ~ cum ~'r,'r~ ,c ='= ~ ~ ~ ' ~ ~ ~,~ THE CLUB ESTATES PUD ~ICAL LOT P~N ' 70' R.O.W. _. 7', 5' .I 22' O' .1_±5'_12'1_ O' ~ ~31K£ I PAVED ROADWAY '~ * - - -III- lo' PATH I 2' /RAt'Lr'L /.A,'~S I U.E. NOTE: 3/4' ,4~OHALTIC CONCRETE SHALL BE PLACED INITIALLY, PRIO~ I0 PRELIUINARY SUSOIVISION A~ I'ANCE. 1HE REMAINIt~ 3J4' ~ULL BE PLACEO UPON COUPL£110N OF RESIOENTI~L SITE IMPROVEMENTS, " EXHIBIT "C" COASTAL ENGINEERI]~ CONSULTANTS, INC. T~ a. us ~St,~T~ L.C. ~. ~' ~ ~'~ '~' ' ~ ' ~'~ ""' THE CLUB ESTATES PUD (,~,) ~.~.-,~,.4 · ,,,.~ (,~,) ,~-,,',, · ,-,,~u., ~ TYPICAL RIGHT-OF-WAY SECTIONS