Ordinance 92-025 ~ ' ORDINANCE NO. 92- 2~
"~I~ AN ORDINANCE AMENDING ORDINANCE NUMBER
\ 91-102 THE COLLIER COUNTY LAND
· '. DEVELOPMENT CODE %~ICH INCLUDES THE
~'i. COMPREHENSIVE ZONING REGULATION~ FOR THE
· . UNINCORPORATED AREA OF COLLIER COUNTY,
')' FLORIDA BY AMENDING T~E OFFICIAl, ZONING
ATLAS MAP NUMBER 9513N~ BY CHANGING THE
~' ~'; ZONING CLASSIFICATION OF T~E ~EREIN
DESCRIBED REAL PROPERTY FROM "A" AND
"A"ST" TO "PUD" PLANNED UNIT DEVELOPMENT
."" KNOWN AS KENSINGTON PARK FOR A MIXE~ USE
~ESIDRNTIAL DEVELOPMENT FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF ~INE RIDGE
ROAD, APPROXIMATELY 1/4 MILE EAST O~ THE
· INTERSECTION OF PINE RIDGE ROAD (C.R.
896) AND AIRPORT-PULLING ROAD (C.R. 31),
LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH,
? RANGE 25 EAST, COLLIER COUNTY, FLORIDA,
.~ CONSISTING OF 369 ACRES; AND BY PROVIDING
AN EFFECTIVE DATE.
~ .W~.., William C. McAnly, P.E. of William C. McAnly
A~sociatee, P.A., representing John N. Brugger, petitioned the Board of
Commissioners to change the zoning clas~ification of the herein
~ecribed real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners
Collier County, Florida:
~!~c. The Zoning Classification of the herein describe~ real property
in Section 13, Township 49 South, Range 25 East , Collier
~'Cotmty, Florida,is changed from "A" and "A""ST" to "PUD" Planned Unit
in accordance with the Kensington Park PUD document,
hereto as Exhibit "A" and incorporated by reference herein.
Official Zoning Atlas Map Number 9513N, as described in Ordinance
~er 91-102, the Collier County Land Development Code, ~s hereby
accordingly.
This Ordinance shall become effective upon receipt of notice from
Secretary of State that this Ordinance has been filed with the
of State.
<~ . mm mm
PASSED AND DULY ADOPTED by the Board of County Commissioners of
i¢ollter County, Florida, this ~ day of_ ., 1992.
BOARD OF COUNTY COI~2~ISSIONERS
. ' COLLIER COUNTY, FLORIDA
J~S O: G~S,;, ~ MICHAEL J OLDE, CHaI~N
~ ~ FO~.~ID ~GAL SUFFICIENCY
~ ~ 'A~EY
O~IN~CE ~reta~ of State's Off~
KEN~'I'N~3TON PARK
~:',~ .~- PLANNED UNIT DEVELOPFIF/~
PREP,'sRED FOR:
JOHN N. BRUGGER, TRUSTEE
PREPARED BY:
HCANLY, ASHER & ASSOCIATES P.A.
PROFESSIONAL ENGINEERS, PLANNERS & LAND SORVEYORS
5101 TAMIAMI TRAIL EAST :
SUITE 202
NAPLES, FLORIDA 33962
DATE FILED
DATE REVIEWED BY CCPC
DATE APPROVED BY BCC
ORDINANCE:NUMBER
PAGE
LIST OF EXHIBITS I
?' STATEMENT OF COHI~LIARCE & SHORT TITLE II
".,. SECTION I PROPERTY OWNERSHIP & DE:~CRIPTION 1-1
SECTION II PROJECT DEVELOPMENT 2-1
SECTION III RESIDENTIAL DEVELOPMENT 3-1
SECTION IV COMMONS/RECREATION AREA 4-1
~-' SECTION V PRESERVE AREA 5-1
SECTION VI BUFFER AREA 6-1
'~'~ SECTION VII DEVELOPMENT COMMITMENTS 7-1
LIfJ~ OF BXKIBITH & ~;~EH
.'? .... VICINITY MAP (Page 1-3)
TAB~' I DEVELOPMENT STANDARDS (Page 4-6)
EXHIBIT A Plannedi'Unit D~velopment Master Plan (Prepared
by McAnly, Asher & Associates P.A.)
EXHIBIT B Planned Unit Development Tract Map
STATEMENT OF CO~PLI~N~E
The development of approximately 369 acres of property in
Collier County, aa a Planned Unit Development to be known as
Kensington Park will be in compliancm with the planning
goalm an~ objectives of Collier County as se*: forth in the
Comprehensive Plan. The r,sidential and recreational
facilities of Kensington Park will be consil~tent with the
growth policies, land development regulations, and
applicable comprehensive planning objectives'for the
following reasons:
1) The"-eubJ'ect property is within the Urban
Residential Land Use Designation as identified on
-'..~'_ the. 'Future:Land Use Map as requiru~ in Objective
1, Policy 5.1 and Policy 5.3 of the Future Land
5'::~:2~': T Use ..Element .........
~' 2) The subject property's location in relation to
: 2'2'.-'.' existing or proposed community- facilities and
services permits the development's residential
'{: density as required in ObJ,~ctive 2 of the Future
Land Use Element.
3) The proposed residential d~nsity of 1.6 dwelling
units per gross acre is less than that defined by
the Density Rating System in the Future Land Use
Element. Policy 5.1 of the Future Land Use
~:~ Element requires that new residential zoning be
~i: at a density equal to, or less than that defined
by the Density Rating System.
: , 4) The project development is compatible and
~ ~' complementary to existing and future surrounding
:. ~ :~.! land uses as required in Policy 5.4 of the Futura
~. .~, Land Use Element.
i:.~ 9< 5) The project's development will adhere to the
provisions of Collier County's Land Development
Code as set forth in Objective 3 of the Future
t :. Land Use Element.
~ ,::~/ 6) The project development will result in an
efficient and economical extensio~ of community
facilities and services as required in Policies
~., ~'~ 3.1.H and L of the Future I~nd Use Element.
'.>:~.' 7) The project development will incorporate natural
,,,~. systems for water management in accordance with
.'; their natural functions and capabilities as set
~ forth in Ordinance 90-10 and Collier County's
Land Development Code as required by Objective
1.5 of the Drainage Sub-Element of the Public
'~' Facilities Element.
I)52.,.:
SECTION I
..=: PROPERTY OWNERSHIP AND DESCRIPTION
..... :.vThe 9urpose of this Section is to set forth the
location and ownership of the property, and to
describe the existing conditions of the property
proposed to be developed under the project name of
Kensington Park PUD..
1.2 LEGAL DESCRIPTION:
The subject property being approximately 369 acres, is
described as a parcel of land located in Section 13,
Township 49 South, Range 25 East, Collier County,
Florida, more particularly described as follows:
Commencing at the Northeast corner of Section 13,
Township 49 South, Range 25 East, Collier County,
Florida and run North 89'31146- West along the
Northerly line of said section 13 for 1384.78 feet;
thence run south 00'28'14" West for 75.00 feet to the
intersection with the Southerly Right of Way line of
County Road 896 (Pine Ridge Road) to the POINT OF
BEGINNING; thence run South 00'2:~'59" East for 1241.64
feet; thence run South 89'23'53" East for 873.06 feet;
thence run South 00'15'37" East for 1327.03 feet;
thence run South 00'09'47" East for :73.36 feet;
thence run North 89'50'13" East for 390.00 feet;
thence run south 00'09'47" East for 430.00 feet;
thence run South 89'50'13" West for 390.00 feet;
thence run South 00'09'47" East for 2126.60 feet to
the intersection with the Southerly line of said
section 13; thence run North 88'56'26" West for
2922.26 feet; thence run North 00'34'51" West for
2623.27 feet; thence run North 89'14'12" West for
689.41 feet; thence run North 00'38'53" West for
2543.98 feet to the intersection with the
aforementioned Southerly Right of Way line; thence run
South 89'32'39" East along said Right of Way for
1384.73 feet; thence run South 89'31'46" East for
1357.00 to the Point of Beginning, subject to
easements, restrictions and reservations of record.
PROPERTY OWNERSHIPZ
The subJec~ property is currently under the ownership
· of John N. Bruggsr, as Trustee.
'1.4 SHORT' TITLE:
Th~.s'~rdinance shall 'be known and cited as the
?Kensington'Par~ Planned Unit Development Ordinance."
1.5 G~ERAL DESCRIPTION OF PROPERTY ~REA=
A.. The project site is located in Section 13,
~' 'Township 49 South, Range 25 East. Furthermore,
the subject property is located south of Pine
.... Ridge Road~ approximately ~/4 mile east of the
'~' intersection of Airport-Pulling Road and Pine
Ridge Road. (See Vicinity ~ap on following page)
B. The zoning classification of the subject property
prior to the date of this approved PUD Document
was A, Agriculture and A ST, Agriculture with a
Special Treatment overlay.
1.6 PHYSICAL DESCRIPTION:
The project site is located adjacent and to the south
of Pine Ridge Road, and approximately 1/4 mile east of
Airport-Pulling Road. The project site. lies in the
tributary drainage basin of the D-2 (I-75) Canal
tributary, of the Golden Gate Canal System, with
ultimate outfell into Naples Bay via the Gordon River.
Existing elevations range from +6.4 to +14 N.G.V.D.
The water management system serving Kensington Park
PUD consists of 51 acres of lakes and 20 acres of
preserve areas which receive all runoff from the
residential areas, roads, and natural areas. Runoff
is collected from the roads and residential areas by
catch basin and culvert systems. Runoff from buffer
and natural areas is directed over grassed areas to
catch basin and culvert systems for conveyance to the
preserve areas and lake system.
1-2
i 52
t4 B.~T,C .' 13/. ' ' ~ST 18
: SITE
CCN~R .
[~ ~ 24 1l
P~ 0
~. CENTF'AL
~ NAPLE S
5'~' VICINITY MAP
limestone substratum, and Halandale fine sand, with
limestone substratum and' Copeland fins sand
depressional and Urban Land in the northerly, areas of
the site. Soil characteristics were derived from the
Soil Survey of Collier County, Florida, issued by the
-- U.S. Sollm Conservation Service ill January,
1.7 PROJECT DESCRZPTION:
... The Kensington Park PUD shall be a single/multi-family
residential development with diverse recreational
amenity opportunities. The amenities proposed to be
provided in the project include, but are not limited
to an 18 hole golf course and related support
facilities, structures designed to provide social and
recreational space, lakes, natural and landscaped open
spaces, and a wide variety of outdoor recreational
opportunities.
Each individual singl~-family lot, and each multi-
family parcel will be served with publicly provided
utilities, including potable water, sanitary sewer and
electricity. Also, additional services will be
provided as deemed appropriate.
Prior to commencement of construction of the
residential development, the agricultural use of the
property shall be allowed to continue as provided for
in Sections II, III, IV and VII of this document.
SECTION II
PROJECT DEVELOPMENT
Tha':~'~rpb's-e bf this Section i~ to delineate end
generally describe the project plan of development,
the respective land uses of the tracts and development
parcels included in the project, as well as the
project criteria for Kensington Park.
?.--*'._. ~:
GENERAL:.. - ' -. ' ....
A. Regulations for development of Kensington Park
· "PUD shall be in accordance with the contents of
this document, PUD-Planned Unit Development
parts of the Collier County Land Development Code
in effect at the time of building permit
application. Where these regulations fail to
provide developmental standards, then the
provisions of the most similar district in the
Land Development Code shall apply.
S. Unless otherwise noted, the definitions of all
terms shall bm the same as the definitions set
forth in Collier County Land Development Code in
application. ..
C. All conditions imposed and all graphic material
presented depicting restrictions for the
development of Kensington Park PUD shall become
part of the regulations which govern the manner
in which the PUD site may be developed.
D. Unless specifically waived through any variance
or waiver provisions from any other applicable
regulations, the provisions of those regulations
not otherwise provided for in this PUD remain in
full force and effect.
E. Development permitted by the approval of this
petition will be subject to a concurrency review
under the provisions of the Adequate Public
Facilities Ordinance No. 90-24 at the earliest or
next to occur of either final SDP approval, final
plat approval, or building permit issuance
applicable to this development.
2-1
F. Prior to commencement of ~onstruction of the
residential development, the agricultural use of
the property shall be allowed to continua until
December 31, 1993.
G. The golf course and related facilities ,hall
be private, for the exclusive use of it's m~mbers
or guests. However, daily greens fee play and
use o£ related facilities ~hall nnly be allowed
for a period of tour (4) years after the date of
issuance of the Building Permit for either the
golf clubhouse or any residential unit, or upon
C~ ~he sign'ing of the three hundredth (300th)
permanent'member of the Kt~nsington golf club,
~ .... whichever-is sooner. Thereafter, daily greens
fee play shall be limited to property owners of
the development.
2.3 PROJECT PLAN AND LAND USE TRACTS:
A. The project Master' Plan, including layout of
streets and general depiction of land use, is
iljustrated graphically by Exhibit "A", PUD
Master Plan. The project Tract Map identifies
approximate acreage an~ land use of the various
tracts and development parcels, and ia
iljustrated graphically by ~xhibit "B", PUD Tract
Map. There shall be land use tracts, plus
necessary water management lakes, street rights-
of-way, the general configuration of which is
also iljustrated by Exhibit "A". Minor
modification to all tracts, lakes or other
boundaries may bm permitted at the time of
Preliminary or Final Subdivision Plat or Site
Develop=ant Plan approval, subject to the
provisions of Section 2.7.3.5 of the Collier
County Land Development Code.
,::~ +
TYPE UNITS ACREAGe-
#A" RESIDENTIAL 600 123
"CR" COM}{ONS 0 219
;TRACT "P" PRESERVE 0 20
"S" BUFFER 0 7
2-2
B. Areas iljustrated as lakes ~Y' Exhibit hA" shall
be constructed lakes or, upon approval, parts
there of may be constructed as shallow, dry
depressions for water detention purposes. Such
areas, lakes and dry areas shall bm in the same
general configurat(on, and contain the same
general acreage as shown by Exhibit "A".
C. In additio, to tho various areas and ~pec,ific
items ~hown in Exhibit "B", such easomsnts as
necessary '(utility, private, acml-public, common
usa, etc.) will be established within or along
the various tracts as may be necessary.
MAXIMUM PROJECT DENSITY:
A maximum of 600 residential dwelling units, single
and. multi=family, may be constructed in the total
~roJect area. The gross project area is approximately
369 acres. The gross project density, therefore, will
be a maximum of 1.6 units per acre.
PROJECT PLAN APPROVAL REQUIREMENTS:
A. Prior to the recording of a Subdivision Plat, and
/or Condominium Plat for ell or part of the PUD,
final plans,.of all.~squir~d improvements shall
receive approval of the appropriate Collier
County governmental agency to insure compliance
with the PUD Master Plan, the County Land
Development Code and the platting laws of the
State of Florida.
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 property and the
development of the land shall be in compliance
with the 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 dsvalopm,a~t contemplating fee
s~mple ownership of land fo~ each dwelling unit
i:' shall be required to submit and receive approval
of a Preliminary Subdivision Plat in conformance
w~th the requirements bf Division 3.2 of the
17, Collier County Land Development Code or 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 infrastructur.1 improvements regarding
any dedications and method for providing
perpetual maintenance of common .facilities.
~ F. The golf course and related support facilities,
consisting of non-habitable structures, may be
developed prior to the approval of Subdivision
Construction Plans and Plat, subject to approval
"' of an Early Work Agreement by Collier County
Development Services staff and the Board of
County Commissioners. Use of these facilities
may. not occur until the required plat is
recorded, all support infrastructure is
completed, and preliminary acceptance for the
improvements is granted by the Board of County
Commissioners.
· 2.6 GENERAL DESCRIPTION OF RESIDENTIAL DEVELOPMENT:
Areas designated for residential land uses on Exhibit
#A" ara designed to accommodate e full range of
residential dwelling types and customary accessory
Approximate acreages of all residential' tracts have
been indicated on Exhibit "A", and Exhibit "B", 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, configurations and
· densities of development tract~ will be provided at
:'~ the time of development plan approval in accordance
· . with Section 2.5.
2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES:
Easements shall be provided for water management
areas, rights-of-way, utilities and other purposes as
required. All necessary easements, dedications, or
other instruments shall be granted to insure the
continued operation and maintenance of all service
utilities in compliance with applicable regulations in
effect at the time of adoption .of this Ordinance
establishing the Kensington Park PUD.
2-4
A property owners organization shall be created and
shall be assigned rasponsib~lit¥ for operation,
maintenance and management o~ all commonly owned
lands, facilities and waters within the project.
MODEL HOMES:
No more than three "Dry Model:s" may be constructed
prio~o. recording of a pla*: for the project if
applied for by the project owner. Site(s) for the
model(s) must conform to zoning standards and be
located' on a future platted lot. A metes and bounds
legal description shall be pro~lded on the site plan
required as part of the buil~ling permit issuance.
Access shall be provided to each model from the model
serving as 'a "sales center" or an approved independent
"Sales center". Access shall be for pedestrian
traffic only, no paved road will be allowed.
A "Sales Center" may be construe:ted prior to recording
of a plat. The "Sales Center", which may also be a
model, shall be limited to one ~tructure (one building
permit). It may be serviced by a temporary utility
system (is: dry well and septic tank/drainfield) prior
to availability of central utility systems at which
time connectio~ to the central system will bm made.
Interim fire protection facilities in accordance with
NFPA requirements are required unless a permanent
water system is available to se~e the Center.
Review end approval of the "Sal~s Center" shall follow ..
the recl%~irements of the Site Development~ Plan process
(Collier County Land Development Code, Division 3.3).
A metes and bounds legal descri~,tion shall be
provided
as part of the application. Access to the "Sales
Center" shall be provided by a ~,aved road or temporary
driveway which meets County standards. A water
management plan must be provided which accommodates
the runoff from the "Sales Center", the required
parking and access road/driveway and any other
impervious surfaces. The system shall be designed to
fit in with the master water management system for the
entire development.
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.
2-5
SECTTOH TXT
RESTDENTXA~ DEVELOPHI'~T
· 1 PURPOSE:
The purpose of this Section is to identify specific
development standards for ar~as proposed to be
developed with residential land uscs.
13.2 HAXIHUH DWELLING UNITS=
The maximum number of residential dwelling units
allowed, within the. PUD shall be established et the
t~me of development plan review, but shall not exceed
600~welling units,
3.3 USES PE~HITTED:
No building or Itructure, or part thereof, shall be
altered or used, or land used, in whole of part, for
other than the following:
A. Principal Uses:
!~ 1) Single family detached and attached, zero
lot line and patio homes. Attached single
,~ family dwellings shall hereforth be defined
f~ as no more than eight (8) residential
~ dwelling units which are structurally
~ integrated and which may h~ve a common
roofline.
-. 2) Villas, townhouses and garden apartments.
Garden apartments shall hereforth be defined
as a single structure containing more than
three dwelling units, which does not have
assigned off-street parking facilities
structurally attached to each individual
. dwelling unit.
!~i~' 3) Model Homes (See Section 2.8 of this PUD
~. document).
L, 4) Cjuster Housing: On a unified plan of
~ development, some development standards set
v forth in this Section may be reduced
~ provided a common architectural theme i~
· ~ followed. See Section 3.6.
~'::I 5) Interim agricultural land uses prior to
,?~ commencement of co~struction of the
residential development. Such interim
agri'~u~tural uses shall cease on or before
December 31, 1993.
6) Along the south boundary, single family
detached only.
· B. Accessory Uses:
~}; - [1 Customary accee.ory usos and .tructures
including but not limited to private
garaggs, tennis facilities and swimming
pools with or without screened enclosures.
2) Accessory uses and structures customary in
· . multiple family r~eidential projects,
including private garages, recreational
buildiDgs, equipment and associated
facilities.
~) Utility facilities and, or easements
~. (including rights-of-~ay easements).
4) Signage.
5) Project Bales and administrative offices,
which may occur in residential or
'~ recreational buildings.
6) Water management facilities/lakes.
7) Commercial excavations as provided for by
Collier County's excavation regulations
.:,. '. (Collier County Land Development Code, ..
Division 3.5).
:' 3.4 RESIDENTIAL LANDUSE INTEGRITY= The mixing of single
family detached housing units ~i~h any other form of
multiple family housing structures shall no~ be
permitted within the same platted tract of land where
platted tracts exist, or on lots platted for the
expressed purpose of accommodating the placement of a
single family detached housing
DEVELOPMENT STANDARDS:
A. GENERAL: Except where noted, all criteria listed
below shall be u~derstood to be in
relation to individual parcel or lot
boundary lines or between buildings.
Setback/yard requirements set forth
below shall not apply to interior phase
boundaries nor interior condominium/
homeowner's association(s) boundaries.
3-2
MINIMUM LOT OR PARCEL AREA:
Lot area is that area assigned to an individual
dwelling unit. Parcel area is that area assigned
to an individual building which may contai~ more
than one dwelling unit.
1) Singlo famil.~ dotach~d~ 6,000
square feat p,~r lot.
2) Attached single family lot: 1,000
square feat for single story
units; 1,200 square feet for two
(2) story units. However, each
.... dwelling unit.shall have a gross
area ralation~;hip within a unified
plan of development so that no
less than 2,500 square feet of
parcel area is attributable to
each dwelling unit in addition to
any area covered by a dwelling
structure.
3) Zero lotline and Patio homes:
4,000 square feet per lot
MINIMUM LOT/PARCEL WIDTH:
Lot width is the average width of the lot
assigned to an individual dw.mlling unit. Parcel
width is the average width of the parcel assigned
to an individual building which may contain more
than one dwelling unit.
1) Single family detache~ residences=
a) Corner Lots: Seventy (70') feet.
b) Interior Lots: Sixty (60') feet.
2) Single family attached residences:
Lot width may ~0e the same width as
the individual single family
dwelling unit. Parcel width shall
be determined at the time of
development plan review.
3) Zero lot line and patio homes:
Forty (40') fe~t per lot.
4) Villas, townhousoe and garden
apartments: One hundred (100')
feet per parcel:.
3-3
MINIMUM YARD REQUIREHENTS:
1) Single family, detached:
Front yard: Twenty-five (25') feet.
Side yard: Seven and one half
(7.5') feet.
Rear yard: Twenty (20') f~et.
Accessory use rear yard, Ton (lU'~
feet*.
2) Single family, attached: Setbacks
for aide yards shall be measured
from parcel boundaries. A minimum
distance of fifteen (15') feet, or
one-half (~) the sum of the
heights of adjacent residential
buildings, whichever is greater,
shall be maintained between
structures.
Front yard: Twenty (20') feet.
Side yard: Seven and one-half
(7.5') feet.
Rear yard: Twenty (20') feet.
Accessory use rear yard: Five (5')
feet*.
3) Zero lotline/Patio homes:
Front yard: Twenty (20') feet.
Side yard: Zero to five (0-5')
feet on the zero lot line side; a
roof overhang not to exceed thirty
(30") inches shall be allowed,
subject to the recbrding of a
three (3') foot access easement.
Rear yard: Fifteen (15') feet.
Accessory use, side and rear*
yard= Five (5') feet.
Minimum distance between
structures: Ten (10') feet.
4) Villas, townhouses and garden
apartments:
Front yard: Twenty-five (25') feet.
Side yard: Ten (10') feet.
Rear yard: Twenty (20') feet *.
A distance of fifteen (15') feet,
or one-half (1/2) the sum of the
heights of adjacent structures,
whichever is greater, shall be
maintained between structures.
Accessory use rear yard: Ten (10')
feet*.
3-4
E. MiNIM%7{YARDS - ACCESSORY ST~bCTURE(S):
1) Front Yard: Same as principal
struoture~ however, garages not
accessed from the Right-Of-Way may
be ten (10') f~et.
2) Side Yard= Same as pr£ncip~l
structure.
3.4.D above, or zero (0)*.
* - Rear Yard: Fifteen (15') feet along the south boundary.
Where a parcel abuts a golf course: zero (0) feet. Where a
parcel abuts a lake: zero (0) feet may be allowed provided
the perimeter of the lake is bulkheaded in accordance with
Collier County Ordinance N6. 91-102 and SFWMD rules.
F. MINIMUM FLOOR AREA:
1) One Story Single Family
Structures: One Thousand (1000)
square feet.
2) TWO Story Single Family
Structures: One Thousand Two
Hundred (1,200) square feet.
3) Villas, townhouses and garden
apartments: Seven hundred-fifty
(750) square feet.
G. OFF-STREET PARKING AND LOADING REQUIREMENTS=
As required by Collier County Land Development
Code in effect at the time of building permit
application, however, egress onto any street for
villas and townhouses, with structurally attached
garages, shall be the same as for single and two
family residential dwellings.
MAXIMUM HEIGHT:
1) Villas, townhouses and garden
apartments= principal structure -
three habitable stories.
2) All other principal structures -
thirty (30'} feet from finished
floor elevation.
3) Accessory Structure - fifteen
(15') feet, ex~ept pool enclosures
which may be twenty-five (25')
feet.
·
LANDSCAPING AND BUFFERING:
Unless otherwise specif'[ed in this Section,
landscaping shall be in a~:cordance with Collier
County's landscaping requirements in effect at
the time of building permit application.
All villa, townhouse and garden apartment land
uses shall be buffered ~rom abutting single
family type residential ].and uses with a five
(5') foot wide area generally parallel to the
property boundaries. Said buffer shall have
vegetative hedge plant: material and, or
fencing/wail (not to exceed six (6') feet), to
.achieve an 80% opaque condition, thirty-six (36")
inches in height, one (1) year after
It is not mandatory that: the buffer area be
installed to abut parcel boundaries. This
requirement shall apply tc,, required vehicular
use landscaping adjacent to interior property
lines, and shall satisfy the County's
requirement(s) for such areas.
OF-wAyREQUIREDI2%NDSCAPING: ADJAC~,~TTO VEHICULAR RIGHTS-
Landscaping adjacent to ve:hicular rights-of-way
shall be in accordance with Collier County's Land
Development Code.
REQUIRED VEHICt~ USE AREA INTERIO~L~DSCAPING:
Interior landscaping pertaining to vehicular use
areas shall be in accordance with Collier
County's Land Development Code.
VEHICUTJ~R OVERYJ%NG OF I2%NDSCAPED A.REAS~
The front of a vehicl~ may overhang any
landscaped area a maximum of two (2') feet,
provided the landscaped area is protected by
motor vehicle wheel stops or curbing. TWO feet
of such landscaped area or walkway may be part of
the required depth of each abutting parking
space.
CjustER BOUSING:
Modification to the development standards provided for
in this Section may be approved by Collier County's
Development Services Director, or his designee, as a
function of approval of a Site Development Plan
pursuant to the provisions of Section 2.5 of this
document, and Division 3.3 of Collier County's Land
Development Code for projects maintaining a common
architectural theme. A project shall have a common
architectural theme provided all of the following are
evidenced in the Site Development Plan application~
A. The architectural style of all of the dwelling
units/structures shall be similar in design and
in the.use of materials and color;
B. The residential project shall have a signature
entranceway that serve to identify the entryway
to a unified plan of development. 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;
C. A landscape theme throughout the entire project
that enhances the unified appearance of the
project;
D. Street materials, signage and lighting shall be
complementary and the same throughout the
project's accessways.
'. 3.7 CjustER BOUSING DEVELOPMENT STANDARDS:
A. Minimum Lot Area: The minimum lot area in any
;'~ cjuster housing development may be reduced to no
less than three thousand (3,000) square feet for
each single family residential dwelling unit.
Development of cjuster housing upon a single
parcel or tract of land, rather than upon
:~ conventional lots, shall provide a minimum of
~:' three thousand (3,000) square feet of open space
~.>~ for each dwelling unit exclusive of any common
~.~ open space required by this subsection.
'~,-,~ B. Minimum Lot Width: The minimum lot width in any
~ cjuster housing development may be reduced to no
~i~.' less than forty (40') feet.
i'. C. Maximum Lot Coverage: The maximum allowable lot
coverage in any cjuster housing development may
not exceed sixty percent (60%).
Minimum Yards: The minimum%side and rear yards
set forth above may bm reduced by up to twenty
percent (20%) of the minimum yard requirements
When ~hown and approved on a unified plan of
development, a zero lot line concept may be
utilized for single family detached dwelling
units, or in the cass of single family attached
dwelling units, a common wall concept may be
employed. In either case, the remaining yard
shall be equal to the sum of the required side
.yards. Zero lot line cjuster housing, shall in
~..addition, conform to th, following:
1) The zero lot line portion of the dwelling
unit shall be void of doors or windows.
2) Where non-zero lot line residential land
..... minimum three (3') foot maintenance access
3) Roof overhang shall be no more than thirty
inches (30") over adjacent property lines,
subject to the recording of a minimum
three (3') foot access easement.
4) Thebe reduced.minimum front yard requirements may not
5) In no case shall the separation between
principal buildings and structures be lass
than ten (10') feet.
Common Open Space
width and yard requirements below that which
would otherwise be required shall be
required to provide an equal amount of
general area of each cjuster of homes tn the
development.
2) Common open space shall be reserved for
recreational/social uses, however, utility
facilities necessary to serve the
development may be located in such areas.
3) Any recreational facilities subject to
membership, registration, fees, or otherwise
aimed at attracting users which do not have
some interest in Kensin~ton Park, shall not
be counted as cerumen ope~ space.
3-8
4) .The sale, lease, or other disposition of
common open space shall be prohibited except
~i~ to a non-profit corporation or homeowner's
~asociation established under the laws of
~:: Florida to administer and maintain the
facilities subject to a deed restriction
~. acceptable to th~ County to limit the use of
..~ said property to common open space.
/~..~'. .. - Provisions shall be included to assure the
i 5~ A~cess rights to common open space for all
iii ,I residents within the cjuster development
shall be guaranteed through restrictive
covenants.
i'~.~?I 6) Land utilized for common open space shall be
~{i restricted to common open space in
perpetuity by appropriate legal instruments
satisfactory to Collier County. Such
instrument shall be binding upon the owner,
developer, his successors, and assigns, and
shall constitute a covenant running with the
land, and be in recordable form.
ATTACHED MAID/GUEST QUARTERS:
Attached maid/guest quarters, with secondary kitchen
facilities (ia: kitchenette), shall be permitted for
no more than ~80 single family detached, sero
lotline/patio homes and villa residences, subject to
the following restrictions, which shall be recorded as
deed restrictions:
A. Maid/guest quarters shall follow the common
architectural theme and be an integral part of
the main residential structure.
B. Only single family detached, zero lotline/patio
homes and villa residences which have 2,800
square feat or more of air conditioned living
area shall be eligible to have attached
maid/guest quarters.
C. Attached maid/guest quarters shall only be
occupied by the property owner, domestic employee
D. Attached maid/guest quarters ara not a separate
dwelling unit, and therefor~ may not be sold,
leased, rented, interest transferred or conveyed
in any way so as to s~parate said quarters from
the description of the residential unit.
3-9
BECTION IV
CO~ON8/RECR~2~TION
4.1. PURPOSE=
The purpos~ of this Section is to set forth the
development plan and development standards for the
areas designated as Tract CR, Commons/Recreation Area
on Exhibit aB". The primary function and purpose of
this Tract will be to provide access and aesthetically
pleasing open areas, passive/active recreational
areas, and use areas intended to satisfy the
residentts basic needs for a quality recreational
opportunity~ Any recreational, social, administrative
or maintenance facility which may be indicated on the
PUD Master. Plan, Exhibit "A", shall be considered
conceptual, and the placement of such facilities, as
may be indicated on the PUD Master Plan shall be
considered non-binding. 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 PERMITTED=
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) Utility, water management and
rights-of-way/access easements.
2) Golf courses and golf cart paths.
3) Structures which house social,
recreational, project sales,
administrative, or security
facilities.
4) Lakes/water management facilities.
~ 5) Slgnage.
6) Open Spaces / Nature Preserves.
7) Pedestrian and bicycle paths, or
....... other similar facilities
constructed for purposes of access
to, or passage through the co~ons
areas.
8) Small docks, pier~ or other such
" .-.~--. facilities constructed for
-- purposes of lake recreation for
...': . residents of the project.
:. 9) Shuffleboard courts, tennis
courts, swimming pools, an~ other
._ types of facilities intended for
~:.. ..; outdoorrecrsation.
.... 10) Commercial excavations as
perBitted by Collier County's
excavation regulations (Collier
County Land Development Code,
Division 3.5).
11) Interim agricultural land uses
prior to commencement of
construction of the residential
development. Such interim
agricultural uses shall cease on
or before December 31, 1993
B. Accessory Uses=
1) Clubhouse, pro-shop, practice
driving range and other customary
accessory uses of golf courses.
2) Small establishments,, including
golf and tennis equipment sales,
restaurants, cocktail lounges, and
similar uses, intended to
exclusively serve patrons of the
,...-~" golf course and other permitted
~.,~ .... recreational facilities.
" 3) Customary accessory uses or struc-
· tufas incidental to recreational
:. ~!' areas and, or facilities,
· i~ i. including etructures con,tructed
!.:ii~; for purposes of maintenance,
storage, recreation or shelter
'~' . with appropriate screening and
landscaping.
! 4) One (1) caretaker'~ residence.
DEVELOPMENT REGULATIONS~ '.
A. Overall sits design shall be harmonious in terms
of landscaping, enclosure of structures, location
of access streets and parking areas, and location
of buffer areas.
B. All buildings shall be setback a minimum of
fifteen (15') feet from all parcel boundaries.
C. Structures adjacent to one another shall be
ssgarated a minimum of ten (10') feet, or one
half the sum of the building heights, which ever
ks grsater.
D. Lighting facilities shall be arranged in a msnner
which will protect roadwaye and neighboring
properties from direct glare, or other interfer-
E. A Site Development Plan in compliance with the
County's development regulations shall be
required.
F. Maximum Height=
1)Principal Structure: Sixty (60')
feet.
2) Accessory Structure: Forty (40')
feet.
G. Minimum off-street ParkingAnd Loading:
1) Private Golf Course: Four (4)
spaces per hole. ~dditionally,
one (1) space per. 200 square feet
shall be provided for office
/lobby /pro-shop /health club
/clubhouse /lounge /snack bar/
dining/meeting room areas, of
which a maximum one-third (1/~) of
this requirement may be grassed
and set aside for future parking
and shall be paved ae deemed
necessary by the Development
Services Director and dedicated as
such on the Site Development Plan
at the time of approval pursuant
to Division 3.3 of Collier
County's Land Development Code.
In addition, 50% of normal
requirements for exterior
recreation uses including:
swimming pools, golf driving range
and tennis 'courts shall be
provided.
.4-3
,oo, fi52 , t 273
Golf cart, g~lf bag and equipmen~
storage rooms~ maintenance
bulldinge~ and rooms for
mechanical equipment shall bQ
computed'at one (1) space par
1 000 square feet.
2) Recreation (non-golf course)/
Admtn£strative Areas: As raquirac!
by Collier County's Land
Development Coda in effect at tho
time of building permit
application.
3) Loading Areas= As required by
Collier County's Land Development
Code in effect at the time of
'' building permit application.
Unless otherwise specified in this Section,
landscaping shall ba in accordance with the
landscaping requirements of the Collier County
Land Development Coda in elf.ct at the time of
building permit application.
All recreational areas (excluding golf course
areas), recreational, administrative/social and
maintenance buildings shall be buffered from
abutting residential lands with a five (S') foot
wide area generally parallel to the entire length
of abutting residential/non-residential parcels
boundaries. Said buffer shall have vegetative
hedge plant material and, or fencing/wall (not to
exceed six (6') feet), to achieve an a0% opaque
conditiom, thirty-six (36") inches in height, one
(1) year after installation. It is not mandatory
that the buffer area be installed to abut parcel
boundaries. This requirement shall apply to,
required vehicular usa landscaping adjacent to
interior property lines, and shall satisfy the
County's requirement(s) for such areas.
REQUIRED LANDSCAPING ADJACENT TO VEHICULAR RIGHTS-
Landscaping adjacent to vehicular rights-of-way
shall be in accordance with Collier County'. La.d
Development Code.
4-4
REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING:
Interior landscaping pertaining to vehicular use
Th~ front of a vehicle may overhang any
landscaped area a maximum of two (2') feet,
provided the landscaped area is protected by
motor vehicle wheel stops or curbing. Two feet
of such landscaped area or walkway may be part of
the required depth of each abutting parking
space.
One. (1).~golf course caretaker's residence shall
be permitted subject to the following:
1) The residence shall be constructed as an
integral part of the main golf course
clubhouse facility and shall be entered from
within the clubhouse facility. Exits
required to comply with fire codes shall be
2) The caretaker's resider, ce shall be an
accessory usa and shall be for ~ha exclusive
uss of the property owner, tenant, or
designated employee operating or maintaining
the golf course and, or it's facilities.
3) Off-street parking shall be am for a single-
family residence in accordance with Collie=
County's parking requirements in effect at
the time of building permit application.
Parking for the caretaker's residence shall
be in addition to any other required parking
facilities.
4-5
;~. ST~$ F~I~Y F~ILY LINE/PATIO G~ ~TS USES
~'~, t ~ ,,, D~A~ED . A~AC, ED ,0MES TO, HOUSES
::~?~ zaw ~,ooo s~' ~,ooo s~ 4,000 s~ xor ~oT
~oa 3,4B.2)
WI~ 60~INT. AS ~IT PER ~T PER P~CEL APP.
~O~ Y~ 25 'FE~ 20 FE~ 20 FE~ 25 FE~ 15 ~.
7.~ FE~' ~ 7.'5 FE~ 0-5 FE~ 10 FE~ 15 ~.
20 FE~ 20 FE~ 15 FE~ ~* 20 FE~ 15 ~.
25 FEET ' *** 20 FEET 20 FE~'~ *** 25 FEET 15 F~.
7.5 FEET 5 FEET 0-5 FEET 10 FEEl' 15
*.10 FEET **5 FEET **5 FEET ** 10 FEET 15 FT.
1,000 SF I STORY 750 SF NOT
FLOO~ A/~EA 1,200 SF 2 STORY
BETWN. 15 FEET Il, FE~T OR I 10 FEET 15 FEET OR 10FT.
? p~c. s~. 1½ sum oF HTI 1/2 SUM OF HTS
I
I
30' PRIN. ~ 30' PRIN. ~ 30' PRIN. 3 STORIES P. 60" P.
~15t ACC. J e15' ACC. J ~15' ACC. ~15' ACC. 40' A.
:: NOTES: Lot area is that area assigned to an individual dwelling unit.
.';~ Parcel area is that area assigned to an individual building which
~ ~. may contain more than one dwelling unit.
,. Lot width is the average width of the lot assigned to an
'~ /t~ individual dwelling unit.
· ~ Paros1 width is the average width of the parcel assigned to an
"' ~% individual building which may contain more than one dwelling
, :: .~ unit.
~3:: J Cjuster housing develop=ant standards ara sat forth in
· ~ ~ Section 3.7.
,,::.? * Se%backs for side yards shall be measured from parcel boundaries.
.-~. me '~Fiftesn (15') feet along the south boundary. Where a parcel
~". ~abuts a golf course: zero (0) feet. Where a parcel abuts a
~:=lake= zero (0) feet may be allowed provided the perimeter of
~.the lake is bulkheaded in accordance with Collier County
5Ordinance No. 91-102 and SFWMD rules.
~** ~arages not accessed from the Right-Of-Wa~ may be ten (10) feat.
. Pool enclosures may be twenty-five (25) feet.
4-6
SECTION V
PRESERVE AREA
PURPOSE I'. ......
The purpo.e of thJ. Sectio~ i. to ..~ for,h th. der. l-
Preserve Area on Exhibi2 "B". The primary
and purpose of this Trac~ will be ~o preserve
pro~ec~ ,ative flora a~d fauna i, ~t~s ~atural
USES P~ED:
natural a~ent~les by the residents of ghe project,
subject to receipt of appropriate pe~s.
SECTION VI
BUFFER 'AREA:
The purpcss of th. Section ia to ~et forth the
development plan for the areas d..ignated a. Trac: S,
Buffer ~ea on Exhibi~ "B". Trac~ "S", Buffer ~ea,
an easement intended to pro=ac2 residential land uses
from more intensive residen=lal land uses, possible
impacts from adjacent roadways and, or non-residen=ial
land usaa. Although no structures other than those
se~ forth in this Section may be located within buffer
easements, buffer easements shall be included In yard
re~irements set forth elsewhere in this document.
USES P~I~ED:
No structure or part thereof, shall be erected,
altered or used, or land used, ~n whole or In part,
for o~er than ~e following:
A. Principal Uses:
1) ~ndscaped buffer~ existing ha=lye
plant types may be utilized and,
or;
2) Earthen be~s and,
3) Fences/walls: Nine (9'} foot
maxim~ height.
4 ) Signage.
B. Accesso~ Uses:
1) Water, sewer and drainage
facilities as required by the
Final Construction Plan.
DEVELOPMENT REGULATIONS =
A. The buffer area shall not be less than ten
(10') feet in width along the north end south
project boundaries and the project boundary
adjacent to tho southwesterly preserve area. Ail
other land use buffer widths shall be in
accorda~ce with Collier County's Land Development
Code. Land use buffer widths shall bo measured
at right angles to property lines, and shall be
established along the entire length of, and
contiguous to the designated project boundary
line.
maintained es to be eighty (80%) percent or more
opaque between three (3') and eight (8') feet
above average ground level when viewed
horizontally. Plantings used for buffering shall
be of a size and type which will insure
compliance with the eighty (80%) percent opacity
requirement within no longer than twelve (12)
months of the completion date of first planting.
C. Types and numbers of plantings for buffers shall
be submitted with application for Preliminary
Subdivision Plat, or Construction Plan and Plat
review, along with plans and statements
demonstrating how the buffer will be irrigated
and maintained in the future.
D. The area along the south boundary shall be so
designed, planted, and maintained as, to be eighty
(80%) percent or more opaque between three (3')
and eight (8') feet above everage ground level '.
when viewed horizontally, including trees spaced
no more than thirty (30') feet on center.
Plantings used for buffering shall be of a size
and type which will insure compliance with the
eighty (80%) percent opacity requirement within
no longer than twelve (12) months of the date of
the first certificate of occupancy issued to a
building in this area.
davelopmen= commitments for the development of the
"All .!agilities shall be constructed in strict
accordance with~Ftnal Site Development Plans, Final
Su~ivlsion Plans, and all applicable S=ate and local
laws, codes and re~lations applicable to this P~ in
effect at the time of Building Permit approval(s).
Except-where specifically no=ed or sta~ed o~he~ise,
the s=andards and specifications of the official
County. Land Development Code shall apply to this
project even if the land within the PUD ts not to be
pla~ted. The Developer, his successor and assigns
shall be responsible for the commitments outlined in
this doc~ent.
The Developer, his successor or assignee shall agree
to develop in accordance with Exhibit "A", PUD Master
Plan, and 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, the
., Developer will agree to convey to any successor or
.. assignee in title, any commitments within this
.:, agreement.
'~;~"-." :" 7.3 PUD MASTER PLAN:
· .',...,' · A. Exhibit SA", PUD Master Plan iljustrates the
; * proposed d~velopment and is conceptual in nature.
, '< Proposed tract, lot or land use boundaries shall
not be construed to be final and may be varied at
any subsequent approval phase as may be executed
c at the time of final platting or site development
.? plan application. Subject to the provisions of
:~:/. Section 2.7.3.5 of the County's Land Development
~'..~ Code, amendments may be made from time to time.
l
· ,., ~,', ~:~..
::,:~;4 %, .
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.
?. 4 SCHEDULE OF DEVELOPMENT:
A development plan shall be submitted, wheru required,
for a~y.phase.Qf development.
The Developer will obtain approval for improvement
plans or a development order for infrastructure
improvements to include utilities, roads and similar
improvements required by the approved PUD Master Plan
for at least fifteen (15%) percent of the gross land
area of the PUD site within five (5) years of the date
O'f'approVal by the Board of County Commissioners,
~bJect ~o the provisions of Section 7.5, below. The
Developer reserves the right to develop portions of
the project, non-sequential development of portions of
the project, or the entire project, as market demands
change. Platting of the entire PUD will be required.
Phases of development may include construction of
residential, social or recreational facilities/
structures, roadway or lake construction.
Prior to commencement of construction of the
residential development, the agricultural use cf the
property shall be allowed to continue until December
31, 1993.
7.5 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL: "
Unless the land uses proposed by this PUD regulatory
document and Master Plan are substantially complete
(i.e.: 50% or greater of all infrastructure, including
drainage, road, potable water and sanitary sewer
facilities, is installed or under construction), the
land owner of record shall submit a status report
pursuant Section 2.7.3.4 of the Land Development Code.
The first of such reports shall be submitted to
Collier County on or before the first anniversary of
the effective date of the Kensington Park PUD
Ordinance adopted by the Board of County
Commissioners. Upon receipt of the report, Planning
Services shall review said report and present its
findings to the Board of County Commissioners. The
report shall submit an argument that supports the
continued development schedule proposed by the owner.
The singular purpose of this review, and the review
criteria for the extension of the PUD approval, is
whether the development of the PUD has commenced in
earnest.
7-2
Should the Board of County Commissioners determine
that the development has commenced in earnest, then
the land shall retain its existing PUD approval and
shall not be subject to additional review and
consid-ration of new development standards or uss
modification.
Should tbs Board of County Commtss[o'nere determine
that the development has not commenced'in earnest,
then .upon review and consideration of the report
provided by the owner, the Board of County
Commissioners shall elect one of the following:
'Extend the current PUD approval for a period of
.- two-years or a greater period of time; at the end
of which time, the owner will again submit to the
~r:. reporting procedure set forth above.
Bi '-ReqUire the'owner to submit an amended PUD which
-shall be consistent with the Growth Management
Plan. The existing PUD shall remain in effect
until subsequent action by the Board on the
submitted amendment of the PUD.
If the owner fails to submit an amended PUD within six
months of Board action to require such an amended
submittal, then the Board may initiate proceedings to
rezone, and subsequently rezone the unimproved
portions of the original PUD to an appropriate zoning
classification consistent with the Future Land Use
Element of the Growth Management Plan.
ENGINEERING:
A. The developer and all subsequent landowners are
hereby placed on notice that they are required to
satisfy the requirements of all County ordinances
or codes in effect prior to or concurrent with
any subsequent development order relating to this
site. This includes, but is not limited to,
Preliminary Subdivision Plat, Site Development
Plans and any other application that will result
in the issuance of a final or final local
development order.
B. Access into each parcel shall be from internal
roads only. No direct access to parcels shall be
allowed from Pine Ridge Road or the future
Livingston Road.
fl52,,, 282
-~' C. Work within Collier County Right-Of-Way shall
~-'~ meet the requirements of Collier County Right-Of-
~ Way Ordinance 82-91.
D. Petitioner shall obtain letters of n~ objection
r. from Florida Power and Light allowing the
maintenance site and the road going from
Livingston Roan within the Florida Power and
~. Light transmission line easement.
. .- 7.7 ~CEPTIONS TO THE SUBDIVISION REGULATIONS:
~i A. Land Development Code, Division 3.2.8.4.16.5,
~ " -Street Right-Of-Way Width: Waived to a minimum
~!~. '~ifty~ (50') feet for the local road along the
~ .~t~r!y prQperty line, adjacent to the southerly
· preserve area.
· B. 'L~nd"Devel0Pment Code, Division 3.2.8.4.16.5,
Street Right-Of-Way Width: Waive the requirement
of one hundred thirty (130') to one hundred
(100') feet for the 4-lane road at entry.
C... Land Development Code, Appendix B, Typical Street
Sections and Right-Of-Way Design Standards: Waive
the t~pical roadway section to one shown on
'- maste..r~.~lans, subject to having sidewalks.
D. Land Development Code, Division 3.2.8.4.16.6,
Dead-End Streets: Waive the maximum one thousand
'/ (1,000') foot length.
~i~ 7.8 UTILITIES: "
~'" A. Sewage collection and transmission facilities to
.-?, serve the project are to be designed,
constructed, conveyed, owned and maintained in
accordance with Collier County Ordinance No. 88-
76, as amended, and other applicable County r~les
and regulations.
B. Ail customers connecting to the sewage collection
facilities to be constructed will be customers of
the County and will be billed by the County in
accordance with the County's established rates.
C. Prior to construction plans and plat approval, a
letter from the City of Naples Water District
stating that the District has reviewed and
approved the water and sewer facilities
construction documents for service to the project
shall bm submitted.
7-4
D. The project's Developer(s) , his assigns or
successors shall negotiate an agreement with the
District for the use of treated sewage effluent
within the project limits, for irrigation
purpose~. The Developer would be responsible for
providing all on-site piping and pumping
facilities from the county'~ point of delivery to
the project and negotiate with thc County to
provide full or partial on-site storage
facilities, as required by the D.E.R., consistent
with the volume of treated wastewater to be
utilized.-
E. The utility, construction documents for the
project's sewerage system shall be prepared so
that all sewage flowing to the County's master
p.~p station is transmitted by one (1) main on-
site pump station. Due to the design and
configuration of the master pump station, flow
by
gravity into the station will not bm possible.
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 sewer master plan.
F. The existing off-site sewage transmission
fa~ilit~es 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.
TRANSPORTATION:
A. A gatehouse/security facility may be provided
within the project's main entrance area(s) but
shall not be located so as to impede traffic flow
on Pine Ridge Road or the future Livingston Road,
nor shall such facilities be located within the
Pine Ridge Road Right-Of-Way.
B. The project access shall be in alignment with the
existing median opening on Pine Ridge Road. If
gated, the access shall be designed so as not to
cause entering traffic to back up onto Pine Ridge
Road.
C. The developer shall provide an eastbound right
turn lane and arterial level, street lighting on
Pine Ridge Road at the project entrance.
:',.~ D.' The developer shall provide a fair share
.... : contribution toward the capital cost of a traffic
': signal at the project entrance when deemed
warranted by the County.
E. The developer shall provide 25 feet of road
right-of-way along the south side of Pine Ridge
Road, in addition to that.roquir%d fur tho turn
lane in Commitmcnt C above, and shall receive
road impact fee credits to the extent provided in
Ordinance 85-55, as amended.
F. Road impact fees shall be as se= forth in
Ordinance 85-55, as amended, and shall be paid at
the time building permits are issued unless
otherwise approved by the Board of County
Commissioners.
G. Agcess improvements, other than those enumerated
,i:- in Commitment E, shall not be subject to impact
~.~: fee credits and shall be in place before any
>: certificates of occupancy are issued.
· :-: H. All traffic control devices used shall conform
with the Manual on Uniform Traffic Control
Devices as required by Chapter 316.0747, Florida
Statutes.
I. The Petitioner shall provide a certificate of
Adequate Public Facilities at the time of any
Final Development Order.
J. When the 525th. residential unit is permitted,
the developer shall make provi~ions for an
interconnection with the adjacent property to the
west, said interconnection shall physically be
operational upon availability of a continuous
Right-Of-Way from the Carillon PUD.
K. Prior to the recordation of any Final Plat, the
petitioner shall dedicate to the County the
minimum right-of-way easement necessary for the
Livingston Road Extension road right-of-way, or
provide the County with written assurances,
acceptable to the County Attorney, that the land
required for the Livingston Road right-of-way
shall be made available to the County when so
requested.
7.10 WATER MANAGEMENT:
A. 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 granted by Project Review Services.
7-6
~ B. A Development/Commercial Excavation Permit will
be required for the proposed lake(s) in
accordance with Division 3.5 of Collier County's
Land Davelopment Code and SFWMD rules.
C. Fill material from lakes is planned to be
utilized within the project. However, excess
fill material, up to 10% of the total or a
maximum of 20,000 cubic yards may be removed and
utilized off-site subject to the requirement~ of
Division 3.5 of the Land Development Code.
Removal of material in excess of 10% of the
total, or a maximum of 20,000 cubic yards must
meet the requirements of a commercial excavation
per Division 3.5 of the Land Development Code.
D. Landscaping shall not be placed within the water
management areas unless specifically approved by
Project Review Services.
The proposed off-site ditch accepting discharge
from the site shall be dedicated as a drainage
easement prior to construction plans approval.
Also, documentation shall include a permit from
South Florida Water Management allowing discharge
to the 1-75/D-2 canal prior to construction plans
approval.
F. Prior to construction plans approval, petitioner
shall provide an analysis on the adequacy of the
proposed down stream ditch off-site.
G. The lakes and wetland locations shall meet the
minimum 200 feet separation criteria of the South
Florida Water Management District ~SFWMD) rules
unless the SFWMD approves any separation less
than 200 feet, and written confirmation to that
effect is provided to Project Review Services.
7.11 ENVIRONMENTAL:
A. If during the course of site clearing,
excavation, or other construction activities, an
archaeological or historical site, artifact, or
other indicator is discovered, all development at
the location shall be immediately stopped and
Project Review Services notified. Development
will be suspended for a sufficient length of time
to enable Project Review Services, or a
designated c~nsultant to assess the find and
determine the proper course of action in regard
to its salvageability. Project Review Services
will respond to any such notification in a timely
and efficient manner so as to provide only a
minimal interruption to any construction
activity.
7-7
'/~'i B. A twenty-five (25') foot wetland buffer (minimum
! fifteen (15') feet, averaging twenty-five (25')
feet), shall be provided around both isolated
wetlands.
C. A cons~rvation easement shall be placed over the
two jurisdictional wetlands including buffers,
prior to final plat approval, with protective
covenants as in, or similar to Section 704.06,
Florida Statutes. These easements shall be
platted.
D. The peti~ipner shall contact the appropriate
staff me,er of the Pollution Control Department,
for recommendations and or required actions
regarding the hazardous, waste assessment done by
.~a~'=E~gineering. Any required action shall be
addressed prior to final plat approval. (Staff
Qill provide a copy of the environmental
assessment to the Pollution Control Department.}
7.12 ACCESSORY STRUCTURES:
· Accessory structures may be constructed simultaneously
with, or following the construction of the principal
structure.
7.13 SIGNS]
Ail signage shall be in accordance with Division 2.5
of the County's Land Development Code in effect at the
· time of Site Development Plan approval, with the
following exceptions:
A. Two (2) ground, wall or gate project
identification signs may be located at each
entrance to the development subject to the
following requirements:
1) Such signs shall contain only the name of
the development, the insignia or motto of
the development and shall not contain
promotional or sales material.
2) Any project identification sign(s} shall not
exceed one hundred (100) square feet,
excluding mounting surface(s} or
structure(s}. Where signage is affixed or
an integral part of a wall or fence, the
face of sign(s} may protrude above the upper
edge of the wall or fence but remains
subject to height restridtions.
7-8
,~V
3) No project identification sign(s) shall
e×ceed a height of eight (8') feet above the
finished ground level of the entire parcel.
4) Project identification signs may be l~gbted,
provided all lights are shielded in a manner
which prevents direct glare into the vision
cf motorists driving on adJacont roadways,
!~ or into adjacent residences.
B. One (1) ground or wall sign may be located along
each of the Pine Ridge Road and future Livingston
Road frontages for the purpose of promoting the
development' orany major use within the
development, subject to the following
r?quirem~nts:
· ~) 'Any Promotional sign(s) Shall not exceed one
..... hundred (100) square feet, excluding
mounting surface(s) or structure(s).
2) No promotional sign(s) shall exceed a height
of ten (10') feet above the average ground
level of the site.
3)' Promotional signs may be lighted, provided
all lights are shielded in a manner which
~' prevents direct glare into the vision of
motorists driving on adjacent roadways, or
into adjacent residences.
C. Residential directional or identification signs,
,. no greater than six (6) square feet in size, and
"' located internal to the development shall be
permitted. Such signs shall onl~ be used to
:!t identify the location, or direction of approved
uses such as models or model centers, sales
~. offices, information centers, recreation centers,
~. or the individual components of the development.
~ Directional or identification signs maintaining a
common architectural theme, may be combined into
single sign(s) not to exceed eight (8') feet in
~ height, and thirty-six (36) square feet in area.
D. Two (2) ground, wall or gate internal project
identification signs may be located at each
internal entrance to a multi-family or single-
family development area subject to the following
requirements:
1) Such signs shall contain only the name of
the development, the insignia or motto of
the development and shall not contain
~i'..' promotional or sales material.
7-9
~,/' 2) Any internal project identification eign(e)
% shall not exceed one hundred (100) square
fee~, excluding mounting surface(n) or
structure(s). Where signage is affixed or
~ an integral part of a wall or fence, the
~:' face of eign(e} may protrude above the upper
'I.', edge of the wall or fence but remains
~i~.. subject to heigh~ res&fiction,.
~,~/ 3) No internal project ident~fication sign(s)
shall exceed a height of eight (8') feet
~bove the average ground level of the site.
4) Internal project identification signs may be
; lighted, provided all lights are shielded in
-?~ a manner which prevente direct glare into
the vision of motoriste driving on adjacent
roadways, or into adjacent residences.
7.14 POLLING PLACES:
~.. Pursuant to Section 2.6.30 of the County's Land
:'~ Development Code provision shall be made for the
,~r- future use of building space within common areas for
the purposes of accommodating the function of an
;~ electoral polling place.
An agreement recorded in the official recorde of the
Clerk of the Circuit Court of Collier County, which
'~' shall be binding upon any and all successors in
~ interest that acquire ownership of such common areas
including, homeowners associations, or tenants
~,' '. associations. This agreement shall proyide for said
· . community recreation/public building/public room or
similar common facility to be used for a polling place
if determined to be necessary by the Supervisor of
Elections.
KENSINCTON PARK
P.U.D, MASTER PLAN
~'~ KENSINGTON PARK
P,U.D, TRACT MAP
'.
'~ ' J- : ~i"C~ :'
:~.'::. ~:
' ' T~ *CR*
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts tn and fo=
Twentieth Judicial C~rcuit, Collier County, Florida0 do
"~W~e~¥ certify that the foregoing is a true copy of:
'o~di~nce No. 92-25
which was adopted by the Board of County Commiesione=s on
the 28th day of April, ~g920 durin~ Regular Session.
WITNESS my hand and the official aeal of ~he ~oard of
-'Ooun~y ¢omm~asio~ers of Collier County, F~o=~da,
~.day of May, ~992.
Clerk of Courts and .
Deputy Clerk "%'./7 :%~ '