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Ordinance 93-92 ORDINANCE NO. 93- ~ AN ORDINANCE AMENDING ORDINANCE NUMBER o ~ ~ 91-102 THE COLLIER COUNTY LAND ~ N DEVELOPMENT CODE WHICH INCLUDES THE ~ ' COMPREHENSIVE ZONING REGULATIONS FOR THE ~ mC. UNINCORPORATED AREA OF COLLIER COUNTY, o ~ FLORIDA BY AMENDING THE OFFICIAL ZONING ~ u, ATLAS MAP NUMBER 9502S; BY CHANGING THE ~ r= ZONING CLASSIFICATION OF THE HEREIN ~ DESCRIBED REAL PROPERTY FROM RSF-1 TO ~ c~ "PUD".PLANNED UNIT DEVELOPMENT KNOWN AS SUNSHINE VILLAGE FOR A ZERO LOT LINE SUBDIVISION FOR PROPERTY LOCATED ONE BLOCK WEST OF AIRPORT-PULLING ROAD (C.R. 31) AND 800 FEET SOUTH OF ORANGE BLOSSOM DRIVE, IN SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 6.15 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Thomas E. Killen, representing Jakob and Birgitte Hofstetter and Cary B. and Joyce A. 6ollins, 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: The Zoning classification of the herein described real property located in Section 2, Township 49 South, Range 25 East, Collier County', Florida, is changed from RSF-1 to "PUD" Planned Unit Development in accordance with the Sunshine Village PUD Document, attached hereto as Exhibit "A" and incorporated by reference~herein. The Official Zoning Atlas Map Number 9502S, as described in Ordinance Number 91-102, the Collier County Land Development Code, is hereby amended accordingly. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. 386 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 21st .day of December , 1993. ~., 4 ~i~l BOARD OF COUNTY COMMISSIONERS ~.~. . · · .. ... ,, COLLIER COUNTY, FLORIDA :ATTEST.: ' ~" BY: :DW,I~,H.T...E. 'BROCK, CLERK BURT L. SAUNDERS, CHAIRMAN ~RoW~,As TO FORM , m~D L~'~Z, SUFFZCIENCY a 4, .. MARJORIE M. STUNT ASSISTANT COUNT~ ATTORNEY PUD-93-7 ORDINANCE ond ocknow~edgement of lha~ nb/9907 filin$,_recelved lbls ~ da,, 3'87 ..-' SUNSHINII VILLAGE PUD PLANNI~D UNIT D~VI~LOPHENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING SUNSHINE VILLAGE PUD A PLANNED UNIT DEVELOPMENT PURSUAHTTO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE (LDC} PREPARED FOR: JAKOB AND BIRGITTE HOFSTETTER NAPLES,'~LORIDA PREPARED BY: THOMAS E. KILLEN, ARCHITECT 6950 HImTERS ROAD NAPLES, FLORIDA 33999 (813) 591-3130 DATE FILED.- 07/27/93 DATE REVISED.- 08/27/93 DATE REVIEWED BY CCPC.- 08/21/93 DATE APPROVED BY BCC: 12/21/93 ORDINANCE NIIMBER: 93-92 064,, t 3'88' TABLE OF CONTENTS SUBJECT PAGE NUMBER TABLE OF CONT~S i INTRODUCTORY STAT E~F, NT 1 STATEMENT OF COMPLIANCE :. 2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 5 SECTION III RESIDENTIAL AREAS PLAN 9 SECTION IV DEVELOPMENT COMMITMENTS 12 PUD MAS~ER PLAN ATTACHMENT "1" ENVIRONMENTAL SITE PLAN ATTACI~ENT "2" VICINITY / AREA MAP ATTACHMENT "3" 06 1 3'89 INTRODUCTORY STATEMENT The purpose of this statement is to express the intent of the owner, Jakob and Birgitte Hofstetter, to develop a small unique residential Planned Unit Development (PUD). It is their aim to develop these units so they appear to be individual homes rather than the typical condominium. The project will consist entirely of duplex villa designs with a maximum height of two (2) stories. All units will have their primary entrance at ground level. They will provide a small club house, swimming pool and other amenities for common use. They also intend' to maintain a low profile of structure, but a maximum of perimeter and interior landscaping. This villa style project should be very compatible with the surrounding area. The following Planned Unit Development (PUD) is designed to achieve that residential villa style project. It will allow an efficient pattern of internal circulation to be established with limited points of vehicular ingress and egress. These functional and aesthetic advantages, in the residential development configurations, have been maximized and shall be sustained in the approval of this Planned Unit Development. The Planned Unit Development shall be limited to specific residential uses which are compatible and inter-related to the business operation of a multifamily residential development. It is the intent of Jakob and Birgitte Hofstetter, to continue development in accordance with the regulations of this Planned Unit Development. It is the purpose of this document to set forth the complete plan, regulations, and conditions of development along with other information required in accordance with the " PUD requirements'as set forth in the Land Development Code" 3'90 STATEMENT OF COMPLIANCE The development of approximately 6.15 acres of property in Collier County, as a Planned Unit Development to be known as Sunshine Village will be in compliance with the planning goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential and recreational facilities of Sunshine Village will be consistent with the growth policies, land deve~lopment regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 · of the Future Land Use Element. 3. The 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 land 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 subject property is located within the Urban Residential Area as designated in the Future Land Use Element (FLUE) of the Growth Management Plan (GMP) and on the Future Land Use Map.The Urban Area permits, residential development at a base density of four (4) dwelling units per gross acre. The subject property, is also located within the Traffic Congestion Boundary which reduces the base density for residential development to three (3)' dwelling units per gross acre in order to alleviate the impact of traffic congestion. This project is permitted a maximum density of up to three (3) dwelling units per gross acre. Since the project is proposed for a maximum of eighteen (18} one (1) and two (2) family residential dwelling units, this project is consistent with the Future Land Use Element. 2 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE ~"' The purpose of this section is to set forth the location and ?~'i ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Sunshine Village PUD. '::' 1.2 LEGAL DESCRIPTION ~: THE NORTH 1/2 OF THE NORTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE · ~ SOUTHEAST 1/4 OF SECTION 2, TOWNSHIP 49 SOUTH, RANGE 25 EAST, · COLLIER COUNTY, FLORIDA. THE WEST 30 FEET RESERVED FOR RIGHT- OF-WAY. SAID PARCEL CONTAINING 6.15 ACRES MORE OR LESS. NOTE: BASES OF BEARING: SOUTH LINE OF SECTION 2 AS BEING 589 25'-44" WEST. ,~ NOTE: LEGAL DESCRIPTION AS CERTIFIED BY HORACE A. WILKISON < : P.L.S. SURVEYING, NAPLES, FLORIDA. (#1677) ~:' 1.3 PROPERTY OWNERSHIP "~' The subject property is currently under the legal ownership .::,' and unified control of Cary B. and Joyce A. Collins 1615 Fig i:~.,. Lane, Naples, Florida, and under contract for purchase by Jakob and Birgitte Hofstetter. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA The zoning classification of the subject property is "RSF-i". " 1.5 PHYSICAL DESCRIPTION The project site is located within the South Florida Water Management District. The drainage of the unimproved site flows to the southeast. Elevations within the project site range from 10.5 to 11.5 feet (NGVD). Soil types include approximately 85% Keri fine sand and 15% Arzell. Soil types were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service). All of the site is in Flood Zone X according to FIRM Map # 120067-0385 d, panel 385 of 1135 dated June 3 1986 '" 1.6 PROJECT DESCRIPTION This project includes a high quality residential villa development, appropriate landscaping, parking, and common areas on approximately 6.15 acres. The project shall have a maximum of three (3) dwelling units per acre for a one (1) and two (2) family development~ · ' 1.7 SHORT TITLE This Ordinance shall be known and cited as the Sunshine Village Planned Unit Development Ordinance. ~.~, SECTION II i:[ PROJECT DEVELOPMENT REQUIREMENTS , 2.1 PURPOSE -'~I'~ 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 A. Regulations, requirements, and references for development ~. of Sunshine Village shall be in accordance with the ~'. contents of this document. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Collier County Land Development Code (LDC) shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the ~' Collier County Land Development Code. , C All conditions imposed and all graphic material presented depicting restrictions for the development of Sunshine Village shall become part of the regulations which govern the. manner in which the PUD site may be developed. D. Unless specifically waived through variance or waiver pro~isions within this PUD, those applicable regulations not otherwise provided for in this PUD remain in full for~e and effect. E. Development permitted by the approval of this petition will be subject to a review under the provisions of the Adequate Public Facilities Ordinance No. 90-24. F. This project shall require the submittal, review, and subsequent approval of a Site Development Plan prior to · the issuance of a Final Local Development Order. 2.3 DESCRIPTION OF THE PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan is. ill~$~ated graphically by Attachment "1", P~D Master Devpl~D~ent Plan. TABLE I TYP~ UNITS ACREAGE ONE AND TWO FAMILY 18 6.15 A minimum of 60 percent open space shall be provided for within the approximate 6.15 acre PUD. Table I is a schedule of the intended land uses, with the approximate acreage of the total project indicated. The arrangement of these land areas are shown on the PUD Master Development Plan (Attachment."X"). The PUD Master Development Plan is an iljustrative preliminary development plan. Design criteria and layout 'is iljustrative on the PUD Master Development Plan and other exhibits supporting this project. It shall be understood that these exhibits are to remain flexible so the final design may satisfy development objectives and be consistent with the project development, as .set forth in this document. Minor changes and variations in 'design and acreage shall be permitted at Preliminary Subdivision Plat or Site Development Plan (SDP) approval to accommodate topography, vegetation, and other site conditions. Minor changes to the PUD Master Plan shall be subject to the provisions of Section 2.7.3.5,'Division 2.7, Article 2 of the Collier County Land Development Code. The final size of the open space lands will depend on the actual requirements f6r drive patterns, parking and building layout with a minimum of 60 % ope~ space provided. B. In addition to the various areas and specific items shown on Attachment "1", utility and other easements shall be established as may be necessary. DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE A maximum of 18 one (1) and two (2) family units with amenitie~, including pool and clubhouse, will be constructed in the tQtal project area. The gross project area is approximately 6.15 acres. Therefore, the grogs project density will be a maximum of three (3) dwelling units per acre for a one (1) and two (2) family development. 6 064 3'95 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a Plat, for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan and the COllier County Land Development Code. B. Attachment "1", 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 any area to be subdivided. Any division of property and development of the land shall be in compliance with the Collier County Land Development Code and the Platting laws of the State of Florida. -g. 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 3.3. D. The development .of any tract of land or residential development contemplating fee simple ownership of land 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 plat for any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications amd method for providing perpetual maintenance of common facilities. F. The developer or subsequent owner of any Platted parcel or platted tract shall, prior to application for a building permit, submit a Site Development Plan (SDP) or Preliminary Subdivision Plat for that tract or parcel to the Site Development Review Department for approval for applicable developments subject to the provisions of Divisions 3.2 and 3.3 of the Collier County Land Development Code. G. Model units and sale facilities shall be subject to Section 2.6.33, (Temporary use permits) of the Collier County Land Development Code. 2.6 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5, of the Collier County Land Development Code. 7 2.7 ASSOCIA?ION OF PROPERTY OWNERS FOR COMMON AR~A MAINTENANCE Whenever the developer elects to create land area and/or recreation amenities whose owner~hip and maintenance respon- sibility 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 instr%lments for the establishment of a Property Owners Association whose function shall in- clude provisions for the perpetual care and maintenance of all common facilities and open space subject further to the provisions of Section 2.2.20 of the Collier County Land Development Code. 2.8 POLLING PLACES As provided for in Section 2.6.30, of the Collier County Land Development Code. SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this section is to identify specific development standards for the Residential areas designated on Attachment "1". 3.2 MAXIMUM DWELLING UNITS Th~'maximum number of dweliing units allowed within the PUD shall be a total of 18 one (1) and two (2) family units. 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. One and two. family dwelling units. B. Accessory Uses: 1. Accessory uses and structures customarily associated with the uses permitted. 2. Recreational facilities that serve as an integral part of a residential development and have been designated, reviewed and approved on a site · ~ development plan or preliminary subdivision plat for that development. Recreational facilities may include, but are not limited to, clubhouse, tennis facilities, and swimming pools. 3. Small enclosures or other structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. COMMON ARCHITECTURAL THEME The dimensional standards listed within this PUD Document are a reduction from the regular standards because of a common architectural theme that incorporates the following design features into the project: A. The architectural style of the dwelling units/structures shall be similar in design and in the use of materials and color. 9 064 3'§8' B. The residential project shall have a signature ? entranceway which serves to identify the development as having a common architectural theme. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture and ornamental ..~ pavement surfaces. · ~t~ C. Street materials, ~ignage, lighting shall be .~... complementary and the' same throughout the project's · ~.;' 3.5 DIMENSIONAL STANDARDS The following dimensional standards shall apply to all .permitted principal and accessory uses in the Sunshine Village PUD. A. Minimum Lot Area: Three thousand (3,000) square feet per .... ~ dwelling unit. B. Minimum Lot Width: Thirty-five feet (35') per unit. '~. C. Minimum Yard Requirement: Front yard: Ten (10) feet. .~ Side yard: Ten (10) feet or zero (0) feet. Rear yard: Ten (10) feet. .?' D. Maximum Height: Two (2) story. E. Maximum Density: Eighteen (18) One (1) and Two (2) · " Family Residential Units. F. Distance Between Structures: 1. Principal Uses - The distance between any two (2) Principal structures on the same parcel shall be fifteen (15') feet or a distance equal to one half (1/2) the sum of their heights, whichever is greater. 2. Accessory Uses - As required in Section 2.6.2 of the Land Development Code (LDC), in effect at the time of building permit application. G. Minimum Floor Area of Principal Structures: One Family, One Story Residential.- One Thousand (1,000) square feet. One Family, Two Story Residential - One Thousand Two Hundred (1,200) square feet. Two Family Residential - Seven Hundred Fifty (750) square feet per Residence. .... 10 ~ ~' H. Off-Street Parking and Off-Street Loading Requirements: As required in Division 2.3 of the LDC in effect at the time of building permi% apDlica~ion. I. Landsc~ing: As required in Division 2.4 of the LDC in effect at th~ time of building permit application. J. Signs: As required in Division 2.5 of the LDC in effect ' at the ~ime of building permit application. ~.. 11 ~ ~. SECTION IV DEVELOPHENT COMMITHENTS PURPOSE The facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD in effect when building permits are applied for. Except where specifically noted or stated otherwise, the standards and specifications of the official Collier County Land Development Code shall apply to this project. 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 PUD Master Plan and the regulations of the PUD as adopted, and other conditions or modifications as may be agreed to in the rezoning of the property. In addition, the developer will ..agree to convey to any successor or assignee in title any commitments within this agreement. 4.2 PUD MASTER PLAN ": A. Attachment "l", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be shown at the time of Final Platting or Site Development Plan application. Subject to the provisions of Section 2.7.3.5 of the LDC. B. All necessary easements, 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. C. The development may be developed in phases. Landscape buffers and other improvements shall be made during each phase of development. 4.3 SUBDIVISION REGULATIONS This project shall comply with Division 3.2 of the Collier County Land Development Code. 12 4.4 TRANSPORTATION A. The project's two entrances shall be on Yarberry Lane, .~. about B00 feet south of Orange Blossom Drive, subject to Collier County Transportation Services approval. B.The developer shall provide arterial level street lighting at all project entrances. ~. C. Road impact fees shall be in accordance with the schedule contained in Ordinance..92-22, or as may be amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. ~ D. Access/Egress to interior lots shall be internal to the .!- development. E. Utilization of the right-of-ways for landscaping, decorative entrance ways, signs, etc. shall be subject to the review and approval of Project Plan Review and Collier County Transportation Services. F. The developer shall be responsible for a fair share contribution toward signalization of the Yarberry lane/ Orange Blossom Drive and Orange Blossom Drive/Airport- Pulling Road intersections when and if deemed warranted by the County. 4.5 WATER MkNAGEMENT/STIPULATIONS Prior to the issuance of any final development orders within this project, evidence of a positive outfall shall be provided for review and approval by the Collier County Water Management Department. If the existence of a positive outfall cannot be demonstrated, final development orders may be issued if the site is designed and constructed for the 25-year, three (3) day storm event with zero discharge. 4.6 WATER MANAGEMENT/ENGINEERING .A. It is the intent of Jakob and Birgitte Hofstetter, to utilize a water management system designed and constructed within the project's site. The water management system shall be in accordance with South Florida Water Management District Criteria and Collier County Regulations. B. This project shall be required to meet all County ordinances in effect at the time final construction documents are submitted for development approval. 13 ,oo C. A swale, culvert, or combination thereof shall be provided along the entire south property line for the conveyance of off-site runoff. This conveyance mechanism shall be of adequate hydraulic capacity as supported by engineering calculations and shall be fully iljustrated on the Site Development Plans. Easements consistent with the requirements of Section 3.2.8.4.7 of the Land Development Code shall be provided and dedicated to Collier County with no responsibility for maintenance. D.The "lake" area shall meet the minimumdepth requirements of Section 3.5.7.3 of the Land Development Code. E. The control elevation for the project shall be subject to review at the time of Site Development Plan submittal. 4.7 UTILITIES A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve this project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable Collier County Water & Sewer District rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with their established rates. C. The on-site water distribution system to serve the project shall be connected to the District's twelve (12") inch water main on the south side of Orange Blossom Drive consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities dead-end mains shall be eliminated by looping the internal pipeline network. D. The existing off-site sewage transmission facilities of th~ 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 waste water generated without adverse impact to the existing transmission facilities. ---' I E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and improved if necessary, consistent with the County's Water 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 ex~sting committed capacity. G. The utility construction documents for the project's sewerage system shall bm prepared so that all sewage flowing to the County's master pump station is trans- mitted in accordance with Collier County requirements. The developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's master plan. 4.8 .~}~IRONM~NTAL A. This project shall be subject to all environmental ordinances and land development codes in effec~ at the time of final development order approval, unless otherwise exempted in this PUD. B. Protected species surveys shall he required prior to PeP (if applicable) or the Preliminary SDP. C. The developer shall make a good faith effort to retain native vegetation. Retained vegetation may be credited toward the required landscaping. D. This project is located within Collier County Groundwater protection Zone 4 and shall comply with the appropriate sections of the Groundwater Protection Ordinance No. 91- 103 at the time of final development order approval. 4.9 ~PECIAL .~ONDITIONS A. The petitioner shall.reimburse the County up to thirty- six hundred dollars ($3,600.00) for the installation and construction of drain pipes and headwall by the County prior to the completion of the infrastructure of the Sunshine Village PUD. B. The petitioner shall extend the water main from the Keystone Place PUD (a.k.a. Arbor Walk Apts) to the proposed site and shall provide a "T" connector to the property to the south for eventual connection to the water maih. This extension and the provision for a "T" connection to the south shall be subject to' the dedication of appropriate lands or easements, by Or~le and Dorothy Anthony, necessary for the drainage of Yarberry ~ane. 4.10 ~CCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structures. 4.11.~AI_NTENANCE OF COMMON ~_~S The developer shall establish an organization for the ownership and maintenance of any common open space and/or common facilities, and such organization shall not be dissolved nor shall it dispose of any common open space or common facilities, by' sale or otherwise, except to an organization conceived and established to own and maintain the common open space or common facilities. 4.12 ~CHEDULE OF DEVELOPMENT/MONITORIN~ REPORT AND SUNSET PROVISION A. This PUD is subject to the Sunset Provisions of Section · 1.7.3.4 of the Collier Land County Development Code ( LDC ). B. By the time building permits ars issued for more than 50 percent of the residenttal unlts, the developer agrees to have constructed a clubhouse with pool and facilities. C. 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 BylLaws 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 Association. The Capital Improvement Fund shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. D. Monitgrin~ Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collie~ County Land Development Code (LDC). BONITA SPRINGS SUNSHINE ~,,~, ,o,. VILLAGE PUD SCALE euemert^r¥ scHooL (~ re. es ~ SHOPPING NAPLES ~ ~ HOSPitaL ~ me Sta~ON (a ~,LES) ~ CO~UN~TY PaR~ (~ ~LES) ~ ~ODLE SCHOOU (~ M~LeS) w O~ V~O~~( / AREA MAP s SUNSH~f4E V~LLAGE P,U,D. TRAFMAP 05/11/95 15:16 ATTACHMENT STATE OF FLORIDA COUNTY OF COLLIER I. DWIGHT E. BROCK, Clerk of Courts tn and for the Twentieth Sudtctal Circuit, Collier County, Florida0 do hereby certify that the foregoing is a true copy of: Ordinance No. 93-92 'which was adopted by the Board of County Commissioners on the 21st day of December, 1993, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 23rd day of December, 1993. DWIGHT E. BROCK j.., ....~.',*"c'"','"'",'" Clerk of Courts and Cl&~.'.:{~"¢%:. '* ' ..... Ex-offi ~o to Board of_ '.:'~9~6~ '::""'..,.'" .""- ' Commissioners ,) ,~" '%~':~"' ~.... By: /s/Ellie Hoffman Deputy Clerk