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Ordinance 91-043 ORDINANCE 91- 43 AN ORDINANCE AMENDING ORDI~JANCE NUMBER 87-13, WHICH ESTABLISHED "ORANGETREE" PLANNED UNIT DEVELOPMENT, BY AMENDING LIST OF EXHIBITS AND TABLES, TO AMEND NAME OF ENGINEERING FIRM; AMENDING SECTION I, PROPERTY DESCRIPTION AND OWNERSIIII', SUBSECTION 1.01, I~ITRODUCTION, LOCATION, AND PURPOSE, TO AMEND TIlE APPLICANT'S NAME, ACREAGE AMOUNTS AND NAME OF ROADWAY; SUBSECTION 1.02, LEGAL DESCRIPTION, BY AMENDING THE AMOUNT OF ACREAGE; AMENDING SECTION II, PROJECT DEVELOPMENT, SUBSECTION 2.04, BY DELETING FRACTIONALIZATION OF TRACTS SECTION AND ADDING SUBDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL SECTION; AMENDING SUBSECTION 2.05, LAND USES. AMENDIMG THE NAME OF ENGINEERING FIRM; ' SUBSECTION 2.06 PROJECT DENSITY, TO AMEND THE ACREAGE AND DENSITY; SUBSECTION 2.11, EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS, TO AMEND THE TIME FOR SUBMITTAL OF EXECPTIONS TO SUBDIVISION REGULATIONS; SUBSECTION 2.12, LAKE SITING, TO AMEND THE NAME OF ENGINEERING FIRM; DELETING SUBSECTION 2.14, CONCEPTUAL SITE PLAN APPROVAL IN ITS ENTIRETY; DELETING SUBSECTION 2.15, DEVELOPMENT PLAN APPROVAL IN ITS ENTIRETY; AMENDING LAND USE SUMI~A~Y TABLE I, TO AMEND AMOUNTS OF ACREAGES AND UNITS AND COMBINING CERTAIN LAND USE DESIGNATIONS; AMENDING SECTION III, AGRICULTURAL DEVELOPMENT, SUBSECTION 3.01, PURPOSE, TO AMEND THE NAME OF ENGINEERING FIRM; AMENDING SUBSECTION 3.02, GENERAL DESCRIPTION BY ADDING OTHER IRRIGATION TECHNIQUES; AMENDING SUBSECTION 3.03, PERMITTED USES AND STRUCTURES, BY ADDING RESERVOIRS/LAKES; AMENDING SECTION IV, RESIDENTIAL DEVELOPMENT, SUBSECTION 4.01, PURPOSE, TO AMEND NAME OF ENGINEERING FIRM AND TO COMBINE THE R-2 AND R-3 DESIGNATIONS INTO A NEW R-2 DESIGNATION THEREBY ELIMINATING THE R-4 DESIGNATION; SUBSECTION 4.02, MAXIMUM DWELLING UNITS, TO COMBINE THE R-2 AND R-3 DESIGNATION INTO A NEW R-2 DESIGNATION THEREBY ELIMINATING THE R-4 DESIGNATION; SUBSECTION 4.03, GENERAL DESCRIPTION, TO AMEND THE NAME OF ENGINEERING FIRM; AMENDING SUBSECTION 4.04, PERMITTED PRINCIPAL USES AND STRUCTURES, TO COMBINE THE R-2 AND R-3 DESIGNATION INTO A NEW R-2 DESIGNATION THEREBY ELIMINATING THE R-4 DESIGNATION; SUBSECTION 4.05, PERMITTED ACCESSORY USES AND STRUCTURES, ADDING GUEST HOMES IN R-1 AREAS ON LOTS ONE ACRE OR LARGER IN SIZE; SUBSECTION 4.06, PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL, TO REFERENCE APPROPRIATE SECTION; AMENDING SUBSECTION 4.07, DEVELOPMENT STANDARDS, ADDING SETBACKS FOR MULTI-FAMILY; DEVELOPMENT STANDARDS "R" RESIDENTIAL AREAS OF TABLE III A, TO REDUCE LOT SIZES AND WIDTH FOR THE R~i DESIGNATION, AND TABLE III B, TO DELETE REFERENCE TO FRACTIONALIZATION; AMENDING SECTION V, CN - COMMERCIAL/NEIGHBORHOOD, SUBSECTION 5.01, PURPOSE', TO AMEND NAME OF ENGINEERING FIRM; AMENDING SUBSECTION 5.03, DEVELOPMENT STANDARDS, BY DELETING THE SDP SUBMITTAL PRIOR TO FRACTIONALIZATION REQUIREMENT; AMENDING SECTION VI, "GC" GOLF COURSE, SUBSECTION 6.05, SITE PLAN APPROVAL REQUIREMENTS, TO AMEND METHOD OF SUBMITTAL; AMENDING SECTION VII, COMMUUITY USE, SUBSECTION 7.01, PURPOSE, TO ADD A 31 ACRE TRACT  -~S~-~ FOR CU AND TO AMEND NAME OF ENGINEERING FIRM; ~ /.~ ~20%~.~. AMENDING SECTION VIII, "SP" SCHOOL/PAR~, SUBSECTION /~ '~.01, PURPOSE, TO AMEND NAME OF ENGINEERING FIRF~ ~% ~'~rd;-~e~-~hmo~gh are deleted; words ~ ar~adde~ AND TO ADD AN 11 ACRE TRACT FOR A PARK, SUBSECTION 8.03, DEVELOPMENT STANDARDS, TO AMEND THE METHOD OF SDP SUBMITTAl',; AMENDING SECTION IX, GENERAL DEVELOPMENT COMMITMENTS, SUBSECTION 9.02, DEVELOPMENT COMMITMENTS, PARAGRAPH C., TRANSPORTATION SUBPARAGRAPH 1), TO AMEND THE NAME OF APPLICANT, PARAGRAPH D., WATER MANAGEMENT, SUBPARAGRAPH 4), TO AMEND THE NAME OF APPLICANT, AND TO ADD SUBPARAGRAPH 6) SETTING FORTH CRITERIA FOR RESERVOIRS/LAKES, PARAGRAPH E., WATER & SEWER, AMENDING SUBPA]~AGRAPHS 2), 3), 4), 5), 6), 7) AND 8), BY DELETING SEWER SERVICE EXCEPTIONS, AND CERTAIN OTHER PROVISIONS,~ BY. ADDING PROVISIONS GOVERNING THE OPERATION OF UTILITY FACILITIES BY PRIVATE ENTITIES, RESERVING UTILITY EASEMENTS IN FAVOR OF COUNTY AND CLARIFYING CONDITIONS FOR THE PAYMENT OF IMPACT FEES; BY ADDING SUBPARAGRAPH 9) ALLOWING TEMPORARY WELLS AND SEWER DISPOSAL SYSTEMS; BY AMENDING PARAGRAPH H., FIRE PROTECTION, BY DELETING SUBPARAGRAPH 1) PROVIDING FOR THE DONATION OF A 1.5 ACRE FIRE STATION SITE, AND RENtrMBERING REMAINING SUBPARAGRAPHS; AMENDING SUBSECTION I.'; FISCAL, BY ADDING RECITAL THAT $25,000.00 BE DONATED TO THE CORKSCREW FIRE DISTRICT; BY AMENDING PARAGRAPH 9.03, DEVELOPMENT PLA~,, PARAGRAPH A,- TO AMEND NAME OF ENGINEERING FIRM; BY ADDING COLLIER COUNTY PLANNING COMMISSION RECOM~ENDATIONS AND STAFF STIPU_LATIONS; AND BY PROVIDING AN EFFECTIVE DATE. .L WHEREAS~'~n Marchi'31, 1987~' th'e Board of County Commissioners approved ord'ii~ce Numbe'r 87-13, which established the Orangetree Planned Unit'Development; and WHERF~.'S,i.~arbara Henderson Cawley of Wilson, Miller, Barton and Peek, ~'~¢~ ~epresenting Amnon Golan, Trustee, petitioned the Board of C~Uhtf"C~mmissi~ners of Collier County, Florida, to amend O~dinancs Number 87-13. SECTION ONE: LiSt of Exhibits and Tables of Ordinance 87-13, is hereby a~nended to read as follows: LIST OF EXHIBITS AND TABLES EKHIBIT A ~'~aster Plan (Prepared bY Thomas Lucido & Associates Ref. No. TABLE I Land Use Summary TABL.E II Estimated Markat Absorption Schedule TABLE III Development Standards Words-~r~e~-~hro~h are deleted; words ~ are added. --2-- SECTION TWO: Section I - Property Description and ownership, Subsection ]..0~ Introduction, Location, and Purpose of ordinanc~ 87-13, is hereby amended to read as follows: ]..ob INTRODUCTION, LOCATION, AND PURPOSE It is thm intent of Amnon Golan, Trustee, Oran~etree Associates Ag~e-Beve~pman~-e~o~e~en, (hereinafter called "applicant' orl d'evelOper") to establish a Development on appro~(imately. 2.752.8 ~z~9~83 acres of property located in Collier. County, Florida. The subject property is described as "Nor~ Golden Gate" on Collier County maps and is bounded on ~e west by'Immokalee.Road (CR-846), on the south by Randall Boulevard and is bounded on ~e north and east by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction. S~ECTION T~EE~:'' S,ct'ios' I - Pr0p~tY Description and Ownership Subsection ].02 ~gal Description of.Ordinance 87-13 is hereby amended to read ~s follows ~ 1 . 02 LEGAL DESCRIPTION '~al Description: .This parcel contains approximately 2.752.8 ~T~9~v83 acres and is platted a~ North Golden Gate and recorded in the ~blic Records of Collier County, Florida as follows: Unit 1 Plat Book 9 Pages 12-28 Unit 2 Plat Book 9 Pages 39-43 -.- Unit 3 Plat Book 9 Pages 125-142 Unit 4 Plat Book 9 Pages 53-64 Unit 5 Plat Book 9 Pages 65-72 Unit 6 Plat Book 9 Pages 74-78 Unit 7 Plat Book 9 Pages 84-97 SE~ION FOUR: Section II, Project Development, Subsection 2.04 - Fractionalization of Tracts, of Ordinance 87-13 is hereby deleted in its entirety and a new Subsection 2.04 entitled Subdivision Miaster Plan and Site Development Plan Approval is hereby added to read as follows: ~ = 84---F~eT~eNAB~ ~AT~eN-e~-T~eT8 A= Words-s~ruek-~r~N are deleted~ words ~~ are added. properbyT-~-~oun~ory-~rowEn~-~howEn~-bhe-~raet~an~-~he ~uEE~En~-~reeE-~hereEn-(when-~ppEE~bEe~-~n~-En-~he unEb~-of-e~eh-re~E~en~E~E-~ype-a~E~ne~-~o-~he-proper~y an~-En-~he-ease-of-~-eom~ereEa½-are~?-~he-~qu~re ~or-deve~o~men~7-~he-s~bsequen~-ewne~-mha½~-~ov~e-~o deve~opmen~-o~-a-~ac~½ena~-pa~7-e-bo~nda~y-d~ew~n~ p~tce~-and-~he-ftee~one~-pare-~he~e~n-and-the-numbe~ ef-Swe~ng-~m~es-ass~gnea-~c-ecch-o~-the-frec~ene~ ~he-d~ewEnq-aheE½-aEso-show-~he-~oea~on-end-s~me-of access-eo-~hese-f~eeeEene½-par~s-~he~-do-ne~-abue-e so~d-b~-eny-eubseqeen~-ewne~T-em-~aeneE~Eed-En-See~en deve~epmen~?-~he-subsequen~-owner-sheEE-p~evEde-~e-~he 6eve~opmen~-ef-e-frme~onc~-par~-a-beundery-draw~n~ show~n~-h~s-or~g~na~y-pureha~ed-~rae~-or-bu~d~n~ pareeE-~n~-~he-fr~e~EonaE-p~r~s-~he~eEnT-en~-~he eommercEeE-square-feceage-ess~gnea-~e-~he-prepereyr The-draw~n~-she~-a~se-ehow-ehe-~eeee~en-ena-s~me-ef eceees-ee-ehese-t~ae~iena~-~e~s-~hae-de-nee-a~ue-e ~ubEEc-s~ee~ bu~d~n~s~-aeeess-remdsT.-ef~s~ee~-pe~k~n~-end e~s~ee~-EeedEng-a~easT-~efuse-end-se~v~ee-a~easr ~equE~e&-ya~ds-and-eehet-epen-s~aeesr-½eeeeEens-~e~ EEgheEng?-½andseepe-p½an~-eehe~-aeeeese~y-uses-end o~-dwe~ng-un~s-emeng-ehe-p~epesed-me~ue~u~es~ E? ~n-eva~ua~n~-ehe-f~eee~ene~mae~en-p~aes-~e Adm~n~s~ra~erZs-dee~s~on-~e~-appreva~-er-den~a~-sha~ Be-bese~-ea-eemp½Eaaee-wEeh-~he-erE~e~Ea-an~-~he 8eYeEopmea%-Eneen~-as-see-6er~h-En-e~Es-~oeumen~7 coa6ormanee-wE~h-aEEow~BEe-numBers-e~-resESen~EeE-unEes por~s-~o-pub~e-or-pr~va~e-~oa~ways?-eommen-areas~-e~ o~her-means-ef-~ng~ess-en~-egressr e~emaeEea½~y-epp~eved~ SUBDIVISIQ_~_MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVA~ ~e review and approval of subdivision master Plans and ~QDstruction plans shall follow the design and development standards and review procedures requlatinq subdivisions of ~he collier County Ordinances in effect at the time of development. The developer reserves the right.to request 17 - Words-s~ruck-~hreugh are deleted; words underli~9~ are added. -4- exceptions add modifications to th~ sta~daFds set forth in applicable re~ulations~ For site development plan approval, ~he.provisions of Section 10.5 Qf the Zonina Ordinance shall apply to the development of platted tracts or parcels of land ~S p~v~de~ in section. 10,2 prior to the issuance o~ a buildin~ permit or other development order. SECTION FIVE: Section ti, Project Development, Subsection 2.05 - Land Uses, of Ordinance-~7-1~.~i$.hereby amended to..read as follows: 2.05 LAND USES ............ Table..I .is a schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement.of these land use types is shown on the Master.Plan,. Thomas Lu¢ido & Associates Ref. No.. 9020 WMBS&9-Pi½e-N~-MP-66. changes and variations in design and acreages shall be permitted at final design to accommodate topography,-vegetation, and other site conditions. The speci~ic.locatioN~and.size of individual.tracts and the assignment.of.dwelling.units.thereto.shall be submitted to the Admin£strato~-for-approval or denial, as described in Section 2.04 of thi~ -document. SECTION SIX:-. :-~---: .... ~ :.~-~ .... Section. II.-.ProJect. Dsvelopment, Subsection 2.06 - Project Density, of Or~lnance-87~13-is hereby amended.to read as follows: 2.06 PROJECT DENSITY The total.-a~reage of-the subject property is approximately ~9~ 2.7~2,8 acres.- The.maximum number of dwelling units.to~he-.built on the total acreage is 2,100. The number of dwelling-uni=s.per gross.acre is approximately e~5 0.76. The density.on-individual parcels of.land throughout the proJeot:.ma¥-vary-according to the type of housing placed on each parcel-of-land, but-shall comply with guidelines established in-this document. SECTION SEVEN~ Section II - Project Development, Subsection 2.11 - Exceptions to the Collier County Subdivision Regulations of Ordinance 87-13 is hereby amended to read as follows: 2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulations shall be requested at the time of e~m~ep~a~-S~e-P~aa Subdivisio~ Master Pl~ review and approval. SECTION EIGHT: Section II - Project Development, Subsection 2.12 - Lake Siting of Ordinance 87-13 is hereby amended to read as follows: 2.12 I2%KE SITING As depicted on the Master Plan, Thomas LUcido &Associate$ Words-s~u=~-ehro~gh are deleted; words underlined are added. Ref, NO, 90~Q ~WMBS&P-N~=-MP-86~, lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit optimum use of the land, and to increas9 the efficiency of the water manaq'ement network. Accordingly, the setback requirements described in Ordinance 80-26, Section SA, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off-site, subject to the provisions of the excavation ordinance in effect at the time permits are sought. SECTION NINE: Section II - Project Development, Subsection 2.14 - conceptual Site Plan:Approval of Ordinance 87-13 is hereby deleted in its entirety as follows: %he-We~e~-Managemen%-Ad¥~se~y-Bea~z-e-eemeep%~a~-.8~e-P~an .... ~= The-~eca%~enT-aDD~e~maee-ee~eege~-en~-~an~-~se ~ .. e~ea~hase~ ½akes-wa%e~-me%en~en-a~eas= 57 The-~eea~em-e~-a~½-nen-~es~eae½a~-~mae~s-~e-be u~e~-~n-eenformanee-w~h-Se~em-4~8$-o~-~h~s req~es~ea-a~-~h~s-~me~ ~ev~ew-and-app~va½-e~-~he-een~e~e~a~-S~e-p~e~ B, A-fee-cons~s~e~%-w~h-~he-e~en~-~ee-~o~-Beve~epmem~ Rev%ew-o~-~he-eomeep~ua~-s~e-P~e~-she~-f~½ow-%he eR~ept-~ha%-khe-eenee~a~-S~e-P~an-sha½½-Be-sehe~u~e~ Words-~uck-~h~eugh are deleted; words underline~ are added. B~ appe~ed-f!o-Ehe-Boa~d-o~-~ou~¥-eomm~ss~o~e~s-shou½d-e SECTION TEN: Section II - Project Development, Subsection 2.15 - Development Plan Approval of Ordinance 87-13 is hereby deleted in its entirety as follows: S ECTIONr ~.LEVEN: .... : Section II -'Project Deve[opment,-Land Use Summary - Table I of Ordinance. BT-13, is hereby amended to read as follows: LAND USE SUMMARY ......... -TABLE I DYMBOL DESCRIPTION ....... UNITS .... APPROXIMATE ACREAGE AG Agriculture ~400.2 ~v6OO~ 1098.1 ~ ~olf Course ..... ~88.2 200*3 R-1 Residenti~l''~"~4e ]~ ~%$ 110 R-2 Residential ~Se ~797 340 586 R-4 Residential 160 30 CU Community Use U :Utility 15 SiP School/Park CN Neighborhood (Max. 60,000 22 Commercial S.F. plus motel units) RW Right-of-way ~ 149.8 ~%KE }~5 420 Total 2,100 ~7~98 2.752.~*~ NOTE: The projected total unit summary represents one possible residential mix to yield 2,100 units. Shc, uld there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2,100 units. ~ords-~e~uck-~hr~u~h are deleted~ words ~de~line4 are added. R.-1 One-half ene acre lots - sinqle family. ~.-~ Be~mched-m+nff½m-fmm~+yT-¥+t}mmz-pm~o-hemmmT-~+tlme~m-heme~~ Detached and attached single family, duplex and triplex, cjuster'homes, zero lot line, villas, patio homes, townhouses. Cjuster homes, zero lot line villas, patio homes, townhouses, garden apartments (2-story max.). Includes a~ricultural reservoirs, 'APProved breakdown of a~riculture and qo~f course ~nds. Includes ~ol~ course related lakes, Based o~ actual survey ~ ~creaqe, SECTIONrTWKLVE% Section-III -'Agricultural Development, Subsection 3.01 - Purpose~of~Ord~nance-87-13,. is.hereby amended to read as follows: 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thoma~ Lucido & Associates Re~. No. 9020 WMBS&P-F&½e-Ne=-MP-86 as AG. SECTION THIRTEEN: · ~Uzk/mh~II ~_Agricultural.DevelQ~ment, Subsection 3.02 - General Description of Ordinance 87-13 is hereby amended to read as follows: 3.02 GENEPJkL DESCRIPTION The AG District is intended to apply to those areas, the ...... l:~'msent'or prospective use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time 'prevent the creation of conditions which would seriously endanger, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the county. To this end, the use of drip-irrigation techniques or any other low v0~u~9 irri~ation. ~ike microje~~ shall be implemented for agricultural uses (golf course excepted) in this district. SECTION FOURTEEN: Section III - Agricultural Development, Subsection 3.03 - Permitted Uses and Structures of Ordinance 87-13, is hereby amended to read as follows: 3.03 PER}~ITTED USES AND STRUCTURES Words-s~r~ek-~hmo~h are deleted; words underli~9~ are added. A. Permitted Principal Uses and Structures: Agricultural activities, such as field crops, ~9~9~Y_qlr~~ orchards, horticulturo, fruit and nut production. B. Permitted Accessory Uses and Structures: 1) Accessory Uses and structures which are incidental to and customarily associated with uses permitted in the-district. . 2) On-site retail sales of farm products primarily grow~ ..on..th~ farm. C. Permitted Uses Requiring Site Development Plan Approval: 1. Packing Houses SECTION FIFTEEN: Section IV - Residential Development, Subsection 4.01 - Purpose of Ordinance 87-13, is hereby amended to read as follows: 4.01 ~3RPOSE The purpose of this Section is to set forth general regulations for the areas designated on the Master Plan Thomas Lucido & Associates Ref. NO, 9020 WMBS&P-P&~e-Ne~-MP 86'as Residential (R-1 to R-3 R-4). SECTION SIXTEEN: Section IV - Residential Development, Subsection 4.02 - Maximum~Dwelling Units of Ordinance 87-13, is hereby amended to read as.follows: ~ ~ ~ ? -. : - 4.02 F~AXI~ftrM DWELLING UNITS A maximum number of 2,100 dwelling units may be constructed on land~ designated as Residential (R-1 to R-3 R-4) except as. permitted by Section 2.07. SECTIO~ SEVENTEEN: Section IV - Residential Development, Subsection 4.03 - General Description of Ordinance 87-13, is hereby amended to read as follows': 4.03 GENERAL DESCRIPTION Areas designed as Residential (R-1 to & Associates Ref. No. 9020 WMBS&P-~½~e-Ne~-MP-$~ are designed to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational facilities provided such uses meet the dew~lopment standards as set forth in this document. Words-~o.~h~ugh are deleted; words u. nderlin__ed are added. -9- Four residential land use categories have been identified on the Master Plan. The R-1 designation includes approximately 110 ~%~ acres and will accommodate single family development on ~na oDe-half acre lots. The R-2 designation includes approximately 58f! 948 :~cres and will provide for conventional detached and attached single family development. Be%h-de~ached-and-a%~ached= The R-* ~-] designation includes approximately 30 acres of iow density cjuster and multi-family development. SE(~ION EIGHTEEN: Section IV - Residential Development, Subsection 4.04 of Ordinance 87-13, is hereby amended to read as follows: i~ 4.04 PERMITTED' PRINCIPAL USES AND STRUCTURES R-1 .'" ' Detached single family homes Model units Recreational facilities, parks, lakes and water management facilities R-~ v .... Betaehed-s½~½e-~am~y-hemesT-v~½½~T-~-hemesT ~ .... Model-units Detached and attached single family homes · Duplex and triplex units .. Cjuster homes, zero lot line, villas, patio homes, townhouses Model units Recreational facilities, parks, lakes and water · management facilities R-4 R~3 · Cjuster homes, zero lot line, villas, and patio homes · Townhouses '- Garden apartments, low rise multi-family Recreational facilities, parks, lake and water management facilities SECTION NINETEEN: · Section IV - Residential Development, Subsection 4.05 - i: Permitted Accessory Uses and Structures of Ordinance 87-13, is " hereby amended to read as follows: 4.05 P~RMITTED ACCESSORY USES AND STRUCTURES Accessory uses and structures customarily associated with uses permitted in this district Essential services and facilities Guest homes in R-1 areas on lots one acre or larqer in ~e. Words-~u~-~hr~u~h are deleted; words underline~ are added. -10- SECTION TWENTY: Section IV - Residential Development, Subsection 4.06 - Permitted Uses and Str::ctures Requiring Development Plan Approval Under Section 2.15 of Ordinance 87-13 is hereby amended to read as follows: 4.06 PERMITTED USES ;tNb STRUCTURES REQUIRING DEVELOPMENT PLaN APPROVAL UNDER SECTION · Religious facilities Civic and cultural facilities Educational facilities . Private Clubs · Child care centers - owner occupied · Rest homes, foster homes, rehabilitation center, hospices Other non-residential uses customary in residential districts SECTION 'fWENTY-ON E: Seotion IV - Residential Development, Subsection 4.07 - D. evelopment Standards of Ordinance 87-13 is hereby amendod to rsad as follows: 4.07 DEVEIX)PMENT STANDARDS %~e following Sections set forth the development standards for permitted uses within the subject parcel. a. Standards for landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: 1. If the parcel is served by a public r%ght-of-way, setback is measured from the adjacent right-of-way 2 If the parcel is served by a private road setback is measured from the road easement or parcel line. 3. If the multi-family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. SECTION TWENTY-TWO: Section IV - Residential Development, "R" Residential Areas- Table III A of Ordinance 87-13,is hereby amended to read: Words-s~vuek-~hre~gh are deleted; words underXine~ are added. DEVELOPMENT STANDARDS "R" Residential Areas TABLE III A VILLAS, SINGLE LOW RISE PATIO & FAMILY AND R-2 PERMITTED USES R-1 CjustER ATTACHED, GA~RDEN R-~ R-~ STANDARDS DETACHED HOMES TOWNHOUSE APARTMENT BETAeHEB DETACHED Minimum site ~/~ ~ ~c ~000 SF ~000 S~ - ~O00-SP ~000 sr ;trea x units Site Width Min. Avg. 120 258 ~5 60 Front Yard Setback 30 20 20 25 ~ ~e 25 Side Yard Setback 20 0 or 10 0 or 10 15 ~=5 5.5 Rear Yard Setback 25 15 25 30 ~ 20 M~n~mum B~stan=es* ~e ~e ~e ~e - - Rear Yard - Setback Acsry. 0 0 0 0 5 5 Max. Building Height. '-'' 25 25 25 25 ~$ 25 Diet. Between Principal Str. N/A N/A .5 SBH .5 SBH N~A N/A Floor Are~' Minimum ~.. (S.F.) ...... 1200 750 900 750 ~8 1000 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel lines at the rear (point of intersection with the rear parcel line), ~D_~LL (Sum of Building Height): Combined height of two adjacent buildings for the purpose of determining setback requirements. SECTION TWENTY-THREE: Section IV - Residential Development, "R" Residential Areas - Table III B of Ordinance 87-13, is hereby amended to read: i~ Words-~e~-~ou~h are deleted; words underline~ are added. i. -12- DEVELOPMENT STANDARDS "R"Residential Areas TABLE III B OTHER PERMITTED USES EDUC. CIVIC/ USES STANDARDS FACIL- CULTURAL RELIGIOUS PRIVATE NOT ITIES FACILITIES FACILITIES CLUB LISTED Per County Minimum Site As determined during ~he ~ra=e~ena~za~&e~ Regulations Area process under Section 2.04. in effect at the time Site Width As determined during ~b~ fract~ma}~za~on a permit is Min. Avg. process under Section 2.04. requested. Site Depth As determined during th9 ~rae~a~za~em Min. Avg. process under Section 2.04. Front Yard 40 40 40 30 Setback Side Yard 30 30 30 2O S.etback · -' L~ke Bank 20 20 20 20 S,~tback : Rear Yard 30 or 30 or 30 or 30 S,~tback BH BH BH - R~ar Yard 10 10 10 10 · S,~tback Acsry. Max. Building 25 25 25 25 H~,ight (Ft.) Dist. Between .5 .5 .5 .5 Principal Str. SBH SBH SBH SBH F].oor A~ea 1000 1000 1000 1000 Minimum (S.F.)-' SECTION TWENTY-FOUR: Section V - CN -.Commercial/Neighborhood, Subsection 5.01 - Purpose, of Ordinance 87-13 is hereby amended to read as follows: 5.01 ' PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Thomas LucidQ & Associates Ref. No. 9020 WMBS&P-F~}e-N~-MP-86, as 'CN'. The CN tract is intended to provide residents with conveniently located commercial facilities and services that are typically required on a regular basis. SECTION TWENTY-FIVE: Section V - CN - Commercial/Neighborhood, Subsection 5.03 - Development Standards, of Ordinance 87-13 is hereby amended to read as follows: Words-s~r~e~-th~o~gh are deleted; words underlined are added. 5.03 DEVELOPMENT STANDARDS: A) Minimum site Area: As approved under section 2.04. S) Minimum site Width: As approved under Section 2.04. ~ C) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty five (25) feet. Abutting residential areas: Thirty five (35) feet in which an appropriately designed and landscaped buffer shall be provided, as determined under Section ~ and in which no parking shall be permitted. D) Distance between principal structures: None, or a minimum of five (5) feet with unobstructed passage from front yard to rear yard. E) Maximum Height of Structures: Twenty five (25) feet above the finished grade of the site. ~ F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G) Minimum standards for signs, parking, lighting, and landscaping shall be in confol-mance with applicable Collier County regulations in effect at the time permits are sought. H) ~ A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial building floor area shall be perq~itted in the CN district, exclusive of motel use. I) ~ No outside display or storage shall be permitted. Maximum density for motel, hotel, and transient lodging shall be 26 units per acre. SE(~ION TWENTY-SIX: Section VI - "GC" Golf Course, Subsection 6.05 - Site Plan Approval Requirements of Ordinance 87-13, Paragraphs A and B are hereby 'amended to read as follows: 6.05 SITE PI~ APPROVAL REQUIR~{ENTS A. A ~n~e~eua~ plan of the golf course shall be approved in accordance with Section ~4 2.04 prior to construction. B. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section ~=~5 ~,04. · '~ SECTION ~4ENTY-SEVEN: i~{~i~ Section VII - Community Use, Subsection 7.01 - Purpose of Ordinancs 87-13, is hereby amended to read as follows: Words-~ru~-a~u~ are deleted; ~ords underlined are added. 7.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas LU¢idQ & sA~~ R~L_~L9~ WMBs&p_~e_Ner_MP_e6' as CU, Community Use. The site includes 55 acres, &s-~n~emded-te-be ~ dedicated to Collier County des~n~ed-by-So~e~_eo~n~¥, and may bo Usod for tho Purposes set forth below an~ shall satisfy the Collier County Comprehensive Plan's park site dadication requirements for this project ~e-q-~/_Qr cu ae ~h~ 5]__ _~ 6/1 additional 31 acres may Q]~OUnd~: _ o~ v a ~LQ_UD~ - ~ ~ o 'er Countv Fai~ SECTION TWENTY-EIGHT: Section VIII - "SP' School/Park, Subsection 8.01 - Purpose of Ordinance 87-13, is hereby amended to read as follows: 8.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the ~~ Master Plan, ~ School/Park. , WMBS&P-P~½e-Ne?-MP-86, 'SP This SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier County Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The sit8 shall be provided with potable water and sanitary sewer service in conformance with this document and all applicable standards and requirements. 'o a ~WWe Master Plan~ SECTION TWENTY-NINE: Section VIII - 'SP' School/Park, Subsection 8.03 Development Standards of Ordinance 87-13 is hsreby amended to read as follows: 8.03 DEVEI~PMENT STANDARDs 1) Minimum Site Area: As approved under Section 2.04 2) Minimum Side Width: As approved under Section 2.04 3) Minimum Yard Requirements: 30' from all 'SP, tract boundaries for principal structures 20, from lake banks 4) Maximum Height: 25' 5) Minimum Floor Area of Principal Structures: One thousand (1000) square feet per building on the first habitable floor. Words-s~e~-~hr~h are deleted; words ~ are added. -15- 6) Distance Between Principal Structures: 1/2 the sum of the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. 7) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or other interference. 8) Prior development, a development plan for the tract shall be approved in accordance with Section .... 2.04 .............. SECTION THIRTY: Section IX - General Development Commitments, Subsection 9.02 Development Commitments, Paragraph C - Transportation, Subparagraph i of Ordinance 87-13 is hereby amended to read as follows: C. TRANSPORTATION 1) 0rangetr~Associat~$ Ag~o-BeYe½~pmen~-e~pe~a~e~, or its successors or assignees, shall commit to the payment of road impact fees, in accordance with the provisions of Ordinance 85-55, at such time as building permits are requested. 2) The developer shall provide separate left and right turn lanes on Immokalee Road at the project's access if deemed necessary by the County Engineer, and shall make a fair share contribution toward the capital cost of a traffic 'signal at the'intersection of CR 846 and CR 858 when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. ~)~ -'T~d~ei~'shall bear the entire cost of all traffic signals which may become needed at intersections within the project. SECTION TWENTY-ONE: Section IX - General Develo[-,ent Commitments, Subsection 9.02 Development Commitments, Paragraph D - Water Management, Subparagrpahs 4 and 6 of Ordinance 87-13 are hereby amended to read as follows: E. WATER MANAGEMENT 1) A master/conceptual water management system design shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shall be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. - Words-~ek-~h~o~gh are deleted; words un~.rline~ are added. -16- 4) The water management for the Oranqetree-A~e-0eve~epmem~ project shall implement water quality "best manaqement practices" to the extent possible. 5) An Excavation Permit will be required for the proposed lakes in ~ccordance with Collier County Ordinance No. 80-26, as amended by Ordinance No. 83-3, and as may be amended in the future. Eeservoirs/lakes wholly located in a~riculturallv desiqnated land may vary from tvmical ¢onstructio~ specifications of County Qrdinance No. 88-26 as approved by the Board of County Commissioners through the excavation permit process. If the use.of the land surrou_Ddinq the aqricultural reservoirs/lakes is ever gJ]D/!ged to a use other than agriculture, all areas of the ~eservoirs/lakes willbe re~uiyed to meet standards specified in the County E×G~yation Ordinance in effect at ~b~t ~i~e. S5iCTION THIRTY-TWO: Section IX - General Development Commitments, Subsection 9.02 Development Commitments, Paragraph E Water & Sewer, Subparagraphs 1, 2, 3, 4, 5, 6, 7, 8, and 9 of Ordinance ~7-13 are hereby amended and renumbered t6'read a~-follows: E. WATER & SEWER 1) Water Facilities - Developer shall provide an on-site potable water source and shall construct an on-site ~ potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions ~ (agricultural areas excluded) of the project; including flews adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. 2) Sewer Facilities - Developer shall construct an on-site sewage treatment plant and sewage collection a~d ~ransmission system to serve all developed portions~ ~he~e-~n~a~a~½~ns-by-~he-e~un~y-Env~onman~a~-He&~h em~¥ornmem~a~-~o~ee~mr-~he-on-m~ke-sewage-eo~½e~on ~y~em-w~-be-eM%em~ed-~e-me~Ye-~he~e-proper%~esv Treatment plant shall provide treatment levels, pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to allow use of %rented effluent in the proposed on-site drip irrigation system. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. ~ords-a~u~N-~h~u~h are deleted; words underline~ are added. During the time that the Developer operates the sewage treatment plant, data required pursuant to County Ordinance No. 80-112 showing the availability of sewage service will be submitt.~d fo~ approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the approved DER permits for the sewage collsction and transmission systems and the on-site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3) Plans Approval - All construction plans and technical specifications and proposed plats, if applicable, for ~he_pr.oposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic ~siqn_reports covering the complete water and sewer gxstems to. serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. -- Prior to approval of construction documents by the ~ ' · Uti'lities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewer and/or water service to the project until the County can provide these sevices through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. AnY utility entity established to serve or serving proJec~ sha].l also be bound by these General Development ObliGations concerning the provision of water and sewer related utilities to the 4) Facilities Ownership and Conveyance - It is understood by Developer that Collier County may, at some future ~ time, desire to serve the project water and sewer '~ services. To that end, Developer freely a~ · VQluntarilv agrees~-at-~he-~me-~-~ma~-~e~es%.-by ee~e~-e~yz to ~e~ea~e convey at no ~0$~ all water and sewer treatment plant~ and distribution/collection and transmission system components ~n-e~s~ense-a~-%he ~me-o~-~eg~es~7 to Collier County. reques~-by-eo~er-eeu~y?-Beve~ope~-sha~-ew~ ~pera~e?-ana-ma~a½~-a~-en-s~e-waeer-aaa-sewe~ ~ae~es~ Notwithstandin~ anvthin~ herein to gontrarv, the County in turn will a~ree not to ~ormal_reGuest to serve the project with water ~r sewer related services until on or after Januar~ 1, 2001. In tba~ regard, peveloper and any interim utility ~stablished ~...sgrve the FrojeGt shall edger ~pto a specific agreement with and acceptable to County whig~ outlines the procedures, covenants, obligations responsibilities arising from th.ese General Development Obligations Concerning the provision of wa~...~nd sewe~ rela~ed utilities to the project. Words-s~ruek-~hr~ugh are deleted; words underl~]e(~ are added. -18- Once tho water/sower nyc ~ms have been ~ed~ea~e~ conveyed to Collier Counuy, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at 'the expense of Collier County. All required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and ~hall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance or transfer is requested, prior to being placed into service. 5) Rights-of-way/Easements - All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be perpetually owned, operated and maintained by the Developer, his assigns or successors. At the time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on-site water or sewer plants, the ~se-e~ plant site shall ~eve~ be conveyed back to the developer bv ~DDlicable statutory deed and site utility easements shall be vacated~ T except that an @asemeD~ ~hal! be reserved for any connectin~ facilities required, oursuant to paragraph 6). 6) qqnnection .~o..~ounty Water and/or Sewer Facilities - Ail construction plans and technical specifications ~ated.~0.c0~Dections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off-site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction document~, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s).?-et~= 32 Words-se~u~k-~h~u~h are deleted; words underli~e~ are added. -19- 7) Customers - All customers connecting to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County~ ~he-~me-whe~-e~n~y-~f-~e-w~e~-and~-sewe~ =ennect~m-&s-maae= Prior to connection of the project to the county's off-site water and/or sewer facilities, or the County as~umiDq operation and maintenance resPonsibilitY [flr the water and/or sewo~ svsteDg the Developer, and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 8) system Development Charges - During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer, in an amount as approved and allowed by the Florida Public Service Commission (PSC). eoune~-~o~-s~s~em-~onveyanee~-~hen-and-~m-~ha~-~me ~omwa~dz-~he-deYe~ope~7-h~s-~eeesso~s-o~-ass~ms? QeveloDer acrees to Day all applicable system deve%Opment charces or impact fees at the time that buildinc permits are recuired, pursuant to County ordiD~ces and reculations then in effect. As well. Qeveloper acknowledges that upon connection of the i]~erim facility to the off-site treatment and ~rensmis~ion facilities ~Derated and maintained by the qg~Dt¥ that all owners of e×istinc properties characterized as new users and subgec~ to the imposition of either a water or sewer impact fee will be recuired to may system development charces or ~ees for su¢~ new use. on the other hand. buildings. structures, or improvements, either existinc or which have been issued a buildinc permit for which ~o~styuction is Droceedinq ~n ~ood ~aith, shall not required tO pay a water or sewer impact fee, whichever ~he case, if at t~e time the County formally asd of its own vo!it~o~ resolves .to provide the P~oje~t W~tb water Or sewer related services, the Board of Commissioners, iB qood faith, e×~ress!v declares its intentio~ to omerate the water or sewer utility treatment facilities as ~ part of its rational svstemo or as a stand alone ~ys~em without an intention to immediately dismantle and. disconnect from the e×istinc on-site treatment ~ac~l. ities. Notwithstanding ~he provisions of this subparagraph 8 a subsequen~ ordinance of ceneral application, effective at the time o~ c~nnectio~ of the interim facility to the off-site treatmen~ and transmission facilities operated.and maintained bV the gQuDty3h%ch bas contvary or differi~c provisions relative to the imposition of wa~er and/or sewer system Words-s~ue~-~hrc~ffh are deleted; words u~d~rliDe~ are added. -20- deve kopment char~es or i~pact fees. shall be construed as superseding the applicable provisions of this subparagraph 8. 9~ Developer ~h~ll be allowed up to ten Cio)temporary priv~t~ wells and individual sewage disposal systems as ,: areas ar~ ~veloped prior to construction or expansion i'. Of the central systems. All su__~porarv facilities chalk comply with applicable state and county regulations and shall acGuire required permits~ SECTION THIRTY-THREE: Section_.IX - General_Development Commitments, Subsection 9.02, Development Commitments, Paragraph H - Fire Protection, Subparagraph 1, shall be deleted and subsequent subparagraphs of Ordinance 87-13 renumbered and shall be amended to read as follows: H. FIRE PROTECTION ]~ ~ The developer commits to. providing a central water system to all residential and commercial facilities which is-capable or providing fire flow capacities as required~by Collfer County. 2) ~ ~uilding.heights .shall be limited to twenty five (25) [ee~...fo~_all.habitable structures in accordance with Qorksc~ew..Fj.r~_Distrtct.'s equipment capabilities. SECTION THIRTY-FOUR: Sect ion. ~-[[~j~e~r~i' ~.eveiopment,. Subsection 9.02, Development 6~{-~n~-'~r~ph i -- Fiscal of Ordinance shall be amended to re~d~i~s follows: I. FISCAL ~he developer has agreed to dedicate a school site to the School Board, a-s~e-~e-~he-F~re-B~s~ and to donate fifty five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer bas a~so donated $25,000 to the CorksGrew F~Je ~is___tr~ut ~or equipment on August 3, ~987. These donations shall mitigate the projects fiscal impacts. SECTION THIRTY-FIVE: Section IX - GeneraI Development, Subsection 9.03 Development Plan, of Ordinance 87-13 shall be amended to read as follows: 9.03 DEVELOPMENT PLAN M 0'44~%[ 34 A. The Master Plan, Thomas Lucido & Associates Ref. No= ~02___0_ WM0S&P-F~}e-No?-MP-867 is an iljustrative preliminary development plan. Words-strueR-th=ough are deleted; words un___d_erliBed are added. -21- B. The design criteria and layout iljustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes, shall be permitted subject to County staff administrative approval. SECTION THIRTY-THREE: 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. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 28th day of May , 1991. DATE: -May.--28,. -1.99 l ...... BOARD OF COUNTY COr,~ISSIONERS ...... · --' - ..... COLLIER COUNTY, FLORIDA A~EST: ..'J;~ES C. GILES;:.. CLERK P~%TRICIA -ANNE GOODNIGHT~, CHAIRMAN : · ';%plp~oved as..tc~. ~brn~ and ~reta~ of ~t~'s Offic~ leJ~a 1 s~f f i.ci~'cy: ~ ~ of '.'.. - ~rjo~e M. Student Assistant County Atto~ey o~/m~ ' PDA-89-16 ORDINANCE AMENDMENT · nb/2229 are deleted; words ~ are added. -22- AGREEMENT I, Amnon Golan, Trustee, representing Orangetree Associates, regarding Petition PDA-89-16, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on December 20, 1990. Watgr Manaqement and E~g~ngeripq: 1... Datailed paving, grading, site drainage and utility plans shall be submitted to Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. 2. In accordance with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40E4 and 40E-40, thi~ project shall be designed for a storm event of 3-day duration and 25-year return frequency. 3. Design and construction of all improvements shall be _.~ubject.~o compliance with the appropriate provisions of the Collier county Subdivision Regulations. 4. An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and SFWMD rules. 5~ "--~'--~P~ ~f'~-~MD"~ermit or Early Work Permit is required Prior to'construction plan approval. · 6. Platting is required in accordance with Collier County Subdivision Regulations. 7. Work within Collier County right-of-way shall meet the requirements of Collier County Right-of-Way Ordinance 82-91. 8. Revise Section 2.12 of the PUD document to state that lake setbacks shall be in accordance with County Ordinance No. 88-26 unless it can be demonstrated that a reduction is acceptable through the use of Lake Setback Curves and providing appropriate barriers. Additionally, if the petitioner wishes to file for a Development Excavation, off-site fill removal shall be limited to 10% or 20,000 yds. If the petitioner wishes to exceed this amount, a commercial excavation permit application will be required. .... 36 : 9. Site Plan approval of the golf course will be consistent with the Zoning Ordinance and Subdivision Regulation requirements. Platting of the golf course is required. Tran~Dortatio~: 1. All previous stipulations on the use of Randall Blvd. shall remain applicable, and Randall Blvd. shall not be used for hauling either to or from the development, however fill may be transferred, via Randall Blvd., from one area of this project to another. If Randall Blvd. is damaged in any manner because of this action then the cost of all repairs are borne by Orangetree Associates. Znvironmental~ 1. This project is recommended for PDA approval only. The applicant shall be subject to all environmental ordinances in effect at the time of development order approvals unless specifically exempted or modified by PDA-89-16 or PUD Ordinance No. 87-13. 2. Protected plant and animal species surveys as per the requirements of policies 7.3.4, 7.3.6 and 7.3.8 of the CQnservation and Coastal Management Element of the Growth Management Plan shall be required for all separate and additional site plans submitted to Collier County for approval. 3. Wetlands shall be flagged by the petitioner, to include Collier County jurisdictional lines, and shall be field verified by Collier County Project Review Services Environmental Staff prior to and as part of the SDP submittal. Said approved wetland boundary shall be indicated on final site plan. 4. All proposed mitigation for impacts to Collier County Jurisdictional wetlands shall comply with the ratios and requirements of Appendix 7 of the South Florida Water Management District rules. Mitigation areas shall be surveyed prior to final (site plan) approval and may be designated as a conservation easement and/or tract with protective covenants pursuant to Florida Statutes, Chapter 704.06. 5. Plans for any required State and Federal wetland mitigation shall be submitted to Project Review Services, Environmental staff, for review and incorporation into the final site plan. · . 6. A minimum separation distance between protected wetlands and proposed lake(s) shall be two hundred (200) feet unless adjacent lakes are controlled at the lichen line/water marks of the affected wetlands. Any deviation from the 200 feet separation distance shall require South Florida Water Management District approval. 7. In the event active, protected species' nests or burrows and/or foraging habitat are encountered prior to or during construction activities, construction activities shall cease and Collier County Project Review Services, Environmental Staff shall be notified immediately. Project designs may be adjusted, if warranted. 8. . .. Protected plant species sighted prior to or during construction shall be protected from injury and/or relocated on site, preferably to preserve or landscape areas. 9. Petitioner shall be subject to Development Standards and Environmental stipulations iN Ordinance No. 87-13, ame. nded by PDA-89-16. ~ u~,,ess SWORN TO AND SUBSCRIBED BEFOP~ ME THIS ,~/ " DAY OF NOT~Y REPRESENTATIVE FOR CCPC SWO~ TO ~ND SUBSCRIBED BEFORE ME THIS .tC ~:' DAY OF · ~:.ff~, <~ ~_ , 199 . NOTARY MY CO~ISSION EXPIPES: ~O~2~..,.y~ ' PDA-89-16 AGRE~ENT SHEET md ZONING A. ND DEVELOPMENT DOCUMENT for " AMNON GOLAN, TRUSTEE ORARGETREE ASSOCIATES ORANGETREE Amendment Prepared by: WILSON, MILLER, BARTON & PEEK, INC. Engineers, Planners and Land Surveyors 3200 Bailey Lane at Airport Road Naples, Florida 33942 PUD Amendment Application November 22, 1989 Revised February 27, 1991 Revised May 13, 1991 Original Z & DD Approval:December 10, 1985 Ordinance Number:" 87-19 Approved by CCPC:December 20', 1990 Approved by BCC: Ordinance Number: INDEX PAGE Index i List Of Exhibits and Tables ii SECTION ! P~opert¥ Description 1 - SECTION II Project Development 2 - SECTION III Agricultural Development ] - SECTION IV Residential Development 4 - SECTION V Commercial/Neighborhood 5 - SECTION VI Golf Course 6 - SECTION VII Community Use 7 - SECTION VIII School/Park 8 - SECTION IX General Development Commitments 9 - 044., 40 LIST OF EXHIBITS ANP TABLES EX~{IBIT A Master Plan (Prepared by Thomas Lucido & Associates Ref. No. 9020) TABLE ! Land U~e Summary TABLE II Estimated Market Absorption Schedule TABL~ III Development Standards ffi 044~,~ 4t SECTION ! PROPERTY DESCRIPTION AND OWNERSHIP 1.01 INTRODUCTION, LOCATION, AND PURPOSE It is the intent of Amnon Golan, Trustee, Orangetree Associates..~.- .... Development ........ ~-~--~--'-,~-- (h~reina£ter ca-~applicant or developer") to establish a Development on approximately 2,752.8 ~,707.~3 acres of property located in Collier County, F--~orida. The subject property is described as "North Golden Gate" on Collier County maps and ia bounded on the west by Immokalee Road .... ~ ........ ~-~ ..... (CR 846) on the south by Ran~-l-~ Boulevard and is bounded on the north and east by drainage ways. Oil Well Road (CR 858) runs through the site in an east-west direction. 1.02 LEGAL DESCRIPTION Legal Description: This parcel contains approximately 2,752.8 2,797.~ acres and is platted as North Golden Gate and recorded in the Public Records of Collier County, Florida as follows: Unit 1 Plat Book 9 Pages 12-28 Unit 2 Plat Book 9 Pages 39-43 Unit 3 Plat Book 9 Pages 125-142 Unit 4 Plat Book 9 Pages 53-64 Unit 5 Plat Book 9 Pages 65-72 Unit 6 Plat Book 9 Pages 74-78 Unit 7 Plat Book 9 Pages 85-97 1-1 SECTION PROJECT PEVELOPMENT The ,purpose o~ thi~.Section is to generally describe the ~Ia'n' - of the development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT 'The -- subject .parcel is designed as a mixture of agriculture, residential uses, commercial and community- oriented facilities, and recreational elements. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The pro'~ect is intended to be in substantial compliance with the applicable Collier County Zoning and Subdivision regulations as well as other Collier County development codes in effect at the time permits and/or plats are requested. ,,~ .... --tg:nally ~ ............. pa~t 2-1 A~mi~istr~tc~, pict plan approval c~ 2-2 2.04 SUEDIVISION MASTER PLAN AND SITE DEVELOPMENT PLAN APPROVAL The review and approval of subdivision master plans and construction plans 'shall follow the design and development Standards. and~xeview procedures regulating Subdivisions of the Collier County Ordinances in effect at the time of development. The developer reserves the right to request exceptions and modifications to the standards set forth in applicable [egulations rot ~e'i. ~e~e'l~ien~ plan ~pproval, the provisions of section. 10.5 Of.the zoning Ordinance shall apply to the development of _platted tracts or parcels of lahd as p.~ovided in Section 10.'5 ~ prior to the issuance Of a building pe[mit.o[ other development order. Table~i. is a.schedule of the intended land use types, with approximate acreages and total dwelling units indicated. The arrangement .of these land use types is shown on the Master Plan .... Thomas Lucido. & Associates Ref. No.9020 ...... c ....... Changes and variations in design and _acreages. shall, be.. permitted, at final design to accommodate ..~opography, vegetation, and other site conditions. The specific location and size of individual tracts..~and.th~.assignment o~ dwelling units thereto shall be 6._u_]~.m. it.ted.~o, the Administrator.for approval or denial, as described in..Section.2.04 of this document. The to.tal acreage of the subject property is approximately ~,797~e~ 2,752.8 acres. The maximum number of dwelling units to be ~-~lt on the total acreage is 2,100. The number of dwelling units per gross acre is appro~imately 0.75 0.76. The density on individual parcels of land throug~-~ the project may vary according to the type of housing placed on each parcel o£ land but shall comply with guidelines established in this document. 2.07 ~ERMITTED VARIATIONS OF DWELLING UNITS All .properties designated for residential uses may be developed at the maximum number of dwelling units as assigned under Section 2.04, provided that the total number of dwelling units shall not exceed 2,100. The Admin£st~ator shall be notified in accordance with Section 2.04 of such an increase and the resulting reduction in the corresponding residential land use types or other categories so that the total number of dwellings units shall not exceed 2,100. 2-] The maximum number of dwelling units by type as shown in Table I shall not vary by more than twenty (20) percent in each category. The maximum number of dwelling units shall include all caretaker's units but does not include the designated hotel rooms. 2 08 DEVELOPMENT SEQUENCE AND SCHEDULE The..applicant has not set "stages" for the development of the property but the property is to be developed over an estimated 15.year-time period. Any. projection of project development -can_be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending, upon future economic factors. Table II indicates, by phase, the estimated absorption of units for the estimated 15 year development period. 2.09 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL Clearing~ grading, earthwork, and site drainage work shall be performed in accordance with the Development Standards outlined in this document. 2.10 EASEMENTS FOR UTILITIES Easements shall be~provided for water management areas, utilities and other purposes as may be needed. Said easements and improvements shall be in substantial compliance with the Collier County Subdivision Regulations in effect at the time a permit is requested or required. All necessary easements dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. 2.11 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS Exceptions to the Subdivision Regulatton~ shall be requested at the time ofCv....~...~ ..~tc ~l&n Subdivision Master Plan review and approval. 2.12 LAKE SITING As depicted on the Master Plan, Thomas Lucido & Associates Ref. No. 9020 (W~D~&P :~. ~"~), lakes and natural retention areas have been sited adjacent to existing and planned roadways. The goals of this are to achieve an overall aesthetic character for the project, to permit 2-4 optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Ordinance 80-26, Section 8A, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however excess fill material may be utilized off-site, subject to the provisions of the excavation o.:dinance in effect at the time permits are sought. 2.13 ROADS Collector roads will be public roads. Local roads within the ..development may be either public or private roads, depending on location, capacity, and design. -~-- ~" '~ ............. Adv~==r7 ~=ard, a C~ccp~ua~ ~. ' .......... ~ ' by a quali fled ......... ~ .... S;tc Plan, prcparcd ~rcz/ph~c being .... ~-'--~ f~ app~ ~ r ca,'phn=c. ~ights =f way. for thc ~rc~/ph~ac. ~ Snccptions to thc s'ubdi';isfcn rcgulaticns ~hal! bc ~cquc~tcd at thig time. rcv~cw and ...... 2-5 47 ....... ~ ~ ~ ~' ."lan ~h.ll .... ~ t..a .... c Ccnccptua! .... - - .......... ...a~ ~. , --) fcl1-'': n~ ~d at their nc::t regularly :chcdu!cd ........................... 2-6 LANDUSE SUMMARY TABLE I SYMBOL DESCRIPTION UNITS APPROXIMATE ACREAGE AG AgriCulture ........ ~.' ...... I,{~'2 l,~'l 1098'1 G__C Golf Course ........ .v. 2 200*3 R-1 Resi~'ntial -- 2{~ 14S 2~Q 110 ~ Residential 160 S0 CU :Community use ~ 86 CN 'Neighborhood (Max. 60,000 22 Commercial S.F. plus motel units) RW Right-of-way ~ 149.8 LAKE ~ 420 Total 2,100 2,79S 2,752.8*4 NOTE~ The projected total unit summary represents one possible residential mix to yield 2,100 units. Should there be an increase of units in any residential category, there would be a corresponding decrease in other categories to maintain a maximum total of 2,100 units. R-1 One-half (A~e acre lots - single family "~ ~-~--'~-'-~ FI ~--:'" villa:, ............ sin : ....... ~, pati~ h~mcs, .~ 3 Detached and attached single family, duplex and triplex, R-2 cjuster homes, zero .lot line, villas, patio homes, townhouses. ~ ~ Cjuster homes, zero lot line villas, patio homes, R-3 townhouses, garden apartments (2-story max.). ~ur~c in actor-anco ...... ce.ich vl. *1 Includes agricultural reservoirs. *--~ Approved breakdown of agriculture and golf course lands. *-~ Includes golf course related lakes. *--___4 Based on actual survey of acreage. 2-7 ESTIMATED MARKET ABSORPTION SCHEDULE TABLE II DWELLING UNIT CUMULATIVE YEAR PRODUCTION TOTAL 1 0 0 2 70 70 100 170 4 140 310 5 160 470 6 160 630 7 160 790 8 165 955 9 165 1 120 10 165 1 285 165 1 450 11 12 165 1,615 13 165 I 780 14 160 1 940 15 ~60 2 100 044 50 2-8 · SECTION III AGRICULTURAL DEVELOPMENT 3.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the PUD Master Plan, Thomas Lucido & Associates Ref. No. 9020 ............. as AG. 3.02 GENERAL DESCRIPTION The AG District is intended to apply to those areas, the present or prospective use of which is agricultural, pastoral or rural in nature. This district is designed to accommodate both traditional agricultural uses and techniques, and conservation measures where appropriate, while protecting the rural areas of the County. The regulations in this district are intended to permit a reasonable use of the property, while at the same time prevent the creation of conditions which would seriously endange:, damage, or destroy the agricultural base of the County, or environmental resources, potable water supply, or the wildlife resources of the County. To this end, the use of drip-irrigation techniques or any other low volume irrigation, like microjet, shall be implemented for agricultural Uses (golf course excepted) in this district. 3.03 PERMITTED USES AND STRUCTURES A. Permitted Principal Uses and Structures: Agricultural activities, such as field crops, : reservoirs/lakes, orchards, horticulture, fruit and nut production. B. Permitted Accessory Uses and Structures: 1) Accessory uses and structures which are incidental to and customarily associated with uses permitted in the district. 2)On-site retail sales of farm products primarily grown on. the farm. 3) Caretakers residences. C. Permitted Uses Requiring Site Development Plan Approval: 1. Packing Houses 3-1 I 51 4.0~ PU~POSE !The- purpose of this Section is to set forth general :regulations fo.r the_~reas designated on the master elan Thomas Lucido & Rssociates Ref. No. 9020 ~ as Residential (R-1 to R-3 .~ ~). 4.02 MAXIMU~ DWEllING UNITS A maximum number of 2,100 dwelling units may be constructed on lands designated as Residential (R-1 to R-3 .~ ~) except as permitted by Section 2.07. 4.03 GENERAL DESCRIPTION Areas designed as Residential (R-1 to R-3 R---%) Thomas Lucido & Associates Ref. No 9020 ...... --~T~.~ are designe-~-~ to accommodate a full range of residential dwelling types, recreational facilities, essential services, customary accessory uses, and compatible land uses such as religious, governmental, and educational faf~Lliti~s p.~9~!ded such uses meet the development standards as set forth in .this document. rou[...residential land use categories have been identified on the Master Plan. The R-1 designation includes approximately 110 2~ acres and will accommodate single family development on e~%e one-half acre lots. The R-2 designation includes approximately 586 3~ acres and will provide for both conventional detache--~-and attached single family deve-f~ment ~- '" ~ ~-: .... R-3 designation includes approximately 30 acres of low ~'~sity cjuster and multi-family development. 4.04 PERMITTED PRINCIPAL USES AND STRUCTURES R-1 · Detached single family homes · Model units Recreational facilities, parks, lakes and water management facilities. 4-1 52 4.07 DEvELoPMENT STm~DARDS ~Or permitted uses within the subject parcel. ~.' ~tanda~ds" for 'landscaping, signs, parking and other land uses not specified herein are to be in accordance with Collier County Zoning Regulations in effect at the time permits are requested. Unless otherwise indicated, setback, height, and floor area standards apply to principal structures. b. Roadway setbacks shall be measured as follows: 1. If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. 2.If the parcel is served by a private road, setback is measured from the road easement or parcel line. 3. If the multi-family parcel is served by a private drive, setback is measured from the back of curb or edge of pavement, whichever is greater. 4-3 '. Detached and attached single family homes ..... Cjuster homes, zero lot line, villas, patio homes, townhouses : .... Model units Recreational facilities, parks, lakes and water management facilities ~3~. Cjuster homes, zero lot line, villas, and patio homes . Townhouses · Garden apartments, low rise multi-family .~.~ Recreational facilities, parks, lake and water management facilities ~.05 PERMITTED ACCESSORY USES AND STRUCTURES · Accessory uses and structures customarily associated with uses permitted in this district Essential services and facilities Guest homes in R-1 areas on lots one acre or larger in size. 4.06 PERMITTED USES AND STRUCTURES REQUIRING DEVELOPMENT PLAN APPROVAL UNDER SECTION 2.15. 2.04 · Religious facilities · Civic and cultural facilities · ~ducational facilities · Private Clubs · Child care centers - owne~ occupied · Rest homes, foster homes, rehabilitation center, hospices · Other non-residential uses customary in residential districts 4-2 DEVELOPMENT STANDARDS "R" Residential Areas TABLE III A VILLAS, SINGLE LOW RISE PERMITTED USES PATIO & FAMILY AND STANDARDS R-1 CjustER ATTACHED, GARDEN DETACHED HOMES TOWNHOUSE APARTMENT DZTAC::ZD DETACHED Minimum Site .1/2 ~ AC 3000 SF 3000 SF - 9900 $.~ 6000 SF Area x units Site Width Min. Avg. 120 ~ ~ 60 ~:I Front Yard 30 20 20 25 ~ ~ 25 ~ Setback ' Side Yard ~, Setback 20 0 or 10 0 or l0 15 7.5 5.5 Rear Yard .: Setback 25 15 25 30 ~ 20 ."?' Rear Yard Max. Building Height 25 25 25 25 ~ 25 Dist. Between . Floor Area Minimum (S.F.) 1200 750 900 750 1290 1000 SITE DEPTH AVERAGE: Determined by dividing the site area by the site ~idth. SITE WIDTH~ The average distance be.tween straight lines connecting front 'a~d rear parcel lines at each side of the site, measured as straight lines between the foremost points of the side parcel lines in the front (at the point of intersection with the front parcel line) and the rearmost point of the parcel ll~es at the rear (point of intersection with the rear parcel line). SBH: (Sum of Building Height): Combined height of two adjacent buildings }'~ the purpose of determining setback requirements. DEVELOPMENT STANDARDS "R" Residential Areas TABLE OTHER .~' PERMITTED USES EDUC. CIVIC/ USES STANDARDS FACIL- CULTURAL RELIGIOUS PRIVATE NOT ITIES FACILITIES FACILITIES CLUB LISTED Per County Minimum Site As determined during the .................... Regulations Area process under sectionT. 04. in effect at the time Site width AS determined during the Min. Avg. process under Section--~.04. requested. Site ;Depth As determined during the fracticnaliz~ti~n Min. Avg. process under Section 2.04, Front Yard 40 40 40 30 Setback Side Yard 30 30 30 20 Lake flank 20 20 20 20 i Setback Rear Yard 30 or 30 or 30 or 30 Setback BH BH BH Rear ~fard 10 10 10 10 Setback Acsry. Max. Building 25 25 25 25 ~. Ueight (Ft.) ?~";~ Dist. Between .5 .5 .5 .5 Principal Str. ~BH SBH SBH SBH Floor Area 1000 1000 1000 1000 ' Minimum (S.F.) · :i~. SECTION V CN - COMMERCIAL/NEIGHBORHOOD 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Thomas Lucido & Associates Ref. No. 9020 '~ ~ "~ ...... ~ 'CN' The CN tract is intended to provide residents with conveniently located commercial facilities and services . that are typically required on a regular basis. 5.02 Permitted Uses and Structures No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in pa£'t, for other than the following: A. PERMITTED PRINCIPAL USES AND STRUCTURES l) Antique shops; appliance stores; art studios; art supplies; automobile parts stores; automobile service stations, without major repair; agricultural supply stores. 2) Bakery shops; banks and financial institutions; barber and beauty shops; bath supply stores; blue print shops; bicycle sales and services; book stores. ]) Ca:pet and floor covering sales (including storage and installation) child care centers; churches and other places of worship; clothing stores; confectionery and candy stores, convenience commercial establishments. 4) Delicatessen, drug stores; dry cleaning shops; dry good stores. 5) Electrical supply stores. 6) Fish stores; florist shops; food markets; furniture stores; furrier shops and fast food ~estaurants. 7) Gift shops; gourmet shops. 8) Hardware stores; health food stores; hobby supply stores; homes for the aged; hospxces. 5-1 9) Ice cream stores~ 1ce saXes; Interior decorating s~owrooms. 10) Jewelry stores. 11)Laundries - self - service; leather goods and luggage stores; locksmiths and liquor stores. 12) Meat market; medical office or clinic for human care; millinery shops; motel, hotel, and transient lodging; music stores. 13} Office (retail or professional); office supply stores. 14) Park and ride, paint and wallpaper stores; pet ' ' shops~' pet supply stores; photographic equipment stores; post office. 15) Radio and television sales and services; excluding satellite dishes and antennas, restaurants, including fast foods; small appliance stores; shoe sales and repairs; restaurants. 16) Souvenir stores; stationery stores; supermarkets and sanatoriums. 17) Tailor shops; tobacco shops; toy shops; tropical fish stores. 18)Variety stores veterinary offices and clinics (no outside kenneling). ~9) Watch and precision instrument sales and repair. 20) Water management facilities and essential services. 21) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the administrator determines to be compatible in the district. B) Permitted Accessory Uses and Structures: 1) Accessory uses and structures customarily associated with the uses permitted in this district. Z) Caretaker's residence. !ii $.03 DEVELOPMENT STANDARDS: ~"'_, A) Minimum Site Area: as approved under Section 2.04 B) Minimum Site Width: as approved under Section 2.04 C) Minimum Yard Requirements from parcel boundaries: Abutting non-residential areas: Twenty five (25) feet. Abutting residential areas: Thirty five (35) feet in which an appropriately designed and landsca[~:d buffer shall be provided, as determined under section 2.1{ 2.04, and in which no parking shall be permitted. D) Distance between principal structures: None, o~ a minimum of five (5) feet with unobstructed passage from front yard to rear yard. E) Maximum Height of Structures: Twenty five (25) feet above the finished grade of the site. F) Minimum Floor Area of Principal Structures: One thousand (1,000) square feet per building on the ground floor. G) Minimum standards for signs, parking, lighting, and landscaping shall be in conformance with applicable Collier County regulations in effect at the time permits are sought. H__~} ~ A maximum of sixty thousand square feet (60,000 s.f.) of leasable commercial building floor area shall be permitted in the CN district, ezclusive of mot~l use. I) 8+ No outside display or storage shall be permitted. J_~) {4+ Maximum density for motel, hotel, and transient lodging shall be 26 units per acre. 044. . 59 5-3 SECTION VI 'GC' GOLF COURSE ;~{ 6.01 GOLF COURSE DISTRICT The ~ Golf Course District is intended to provide for an 18-hole golf course within the project. " 6.02 PERMITTED LOCATIONS It iS recognized that golf courses provide open spec.: for an entire community and serve a variety of functions including important water management func%i,:.r~s. Therefore, the Golf Course District shall be a flea, ting use and may be located within the A~ricultural or Residential Districts, provided that the density of residential development shall not be substantially effected. 6.03 PERMITTED USES AND STRUCTURES NO building or structure, or part thereof, shall be erected, constructed, reconstructed, or structurally altered which is designed, arranged, used or intended to be used or occupied, or land or water used, in whole or in part, upon that portion of the subject parcel designated as Golf Course District for one or more of the following use$~ A. Permitted Principal uses and Structures 1) Golf Course 2) Racquetball, handball, tennis and other similar types of court(s). 3) Recreation clubs, clubhouse(s), and facilities, including the serving of alcoholic beverages. 4) Any other commercial use or service which is comparable in nature with the foregoing uses and which the administrator determines to be compatible in the district. B. Permitted Accessory Uses and Structures: 1. Pro-shop, practice driving range, golf learning centers, golf course shelters, and other customary accessory uses of Golf Courses, Tennis Clubs, or other recreational facilities. Non-commercial plant nursery. 3. Maintenance shops and equipment storage. 4. Accessory uses and structures customarily associated with the uses permitted in this District. 5. Snack ba~s. 6. A maximum of two (2) residential units in conjunction with the operation of the golf course. 7. Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to servu patrons of the golf course(s) or tennis club(s) or other permitted recreational facilities. i 6.04 D~VELOPMENT REGULATIONS FOR GOLF COURSE DISTRICT The purpose of this Section is to detail the development regulations for the Golf Course District. , A. Maximum Height: - 25' i 8~ Overall site design shall be harmonious in terms of landscaping, locations of structures, locations of access streets and parking areas, and location and treatment of buffer areas. C. Buildings shall be set back a minimum of fifty (50) feet from abutting residential neighborhoods and the setback area shall be landscaped. Tennis courts shall be set back a minimum of five (5) feet from parcel boundaries. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare. 6.05 SITE PLAN APPROVAL REQUIREMENTS A. A c~nccptual plan of the golf course shall be approved in accordance with Section 2.1~ 2,,~0~ prior to construction. B. Plans for all principal and all accessory uses shall be submitted to the Administrator for approval in accordance with Section 2.15 2.04. SECTION VII COMMUNITY USE 7.01 PURPOSE The Purpose of this section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. NO. 9020 %:~S~ ~ilc ~:~. M. ~, as CU, Community Use. The site includes 55 acres, i~ intcndcd t~ b: has been dedicated to Collier County ~r ~..x ~...cr .~..~ ..... the purposes set forth below and shall satisfy the Collier County Comprehensive Plan's park site dedication requirements for this project. An additional 31 acres shall be used for CU by Collier County for th~ expans'ion of the C61Ii~ County Fair Grounds. 7.02 PERMITTED USES AND STRUCTURES NO building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following:  Parks and playgrounds Bicycle, hiking and nature trails Recreational shelters and restrooms Recreational fields, sports facilities and courts Community centers Restaurant or snack bar in conjunction with recreational activities water management facilities and essential services Collier County Fair Grounds State o~ Florida Forestry Department facilities Fire Station site Any other recreational, athletic, or open space activity or use which is comparable in nature with the foregoing uses and which the Administrator determines to be compatible with the intent of this district Other governmental facilities Park and ride facilities 7.0~ DEVELOPMENT STANDARDS A. ~inimum site area: None 7-1 B. Minimum setback from tract boundaries: 50' C. Minimum setback from road right-of-way: 25' D. Maximum height of structures: 25' (except fire observation tower) E. Minimum distance between buildings: 1/2 the sum of their heights F. Minimum standards for parking, lighting, signs, and landscaping shall conform with applicable Collier County regulations in effect at the time permits are sought. 044 04 7-2 SECTION VIII 'SP' SCHOOL/PARK 8.0~ PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on the Master Plan, Thomas Lucido & Associates Ref. No. 9020 M4~ 'SP' School/Park. The SP site includes 25 acres reserved for use as a school site and associated park facilities. This site shall be dedicated to the Collier County Public School District at the convenience to the developer, or when requested by the School District, whichever occurs first. The site shall be provided with potable water and sanitary sewer service in conformance with this document and ail applicable standards and requirements. An additional 11 acres ia rer;~rvod for uae aa a community  reCreati~%l park as sh6-~n on the Master Plan. 8,02~ PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: l) Elementary or middle school and facilities ~ 2) Pa£k~ and playgrounds 3) Bicycle, hiking and nature trails  4) Recreational shelters and restrooms 5) Recreational fields, sports facilities and courts 6) Water management facilities and essential services 7) Any other educational, athletic, or npen space activity or use which is comparable in nature with the foregoing uses and which the Zoning Director determines to be compatible with the intent of this district. DEVELOPMENT STANDARDS 1) Minimum Site Area: AS approved under Section 2.04 Minimum Site Width: As approved under Section 2.04 Minimum Yard Requirements: 30' from all 'SP' tract boundaries for principal structures 20' from lake banks 8-1 4) Maximum Height: 25' ~ 5) Minimum Floor Area of Principal Structures~ One thousand (1000) square feet per building on the first habitable floor. ~ 6) Distance Between Principal Structures: 1/2 the sum of i~ the building heights or 30', whichever is greater. Minimum standards for signs, parking, lighting, and .. landscaping shall be fn conformance with applicable i Collier County regulations in effect at the time permits are sought. 7) Lighting facilities shall be arranged in a manner t which will protect roadways and neighboring properties i from direct glare or other interference. · i 8) Prior development, a development plan for the tract ~ shall be approved in accordance with Section ~ 2.04. 8-2 SECTION IX GENEP~AL DEVELOPMENT COMMXTMENTL 9.01 PURPOSE The purpose of thie Section is to set forth the general development commitments for the project. 9.02 DEVELOPMENT COMMITMENTS A. ENERGY 1)Construction shall comply with applicable local ~nd state energy codes. 2) Reasonable "good faith" efforts to utilize state-of-the-art energy conservation techniques shall be made where practically and economically feasible. Such techniques may include, but shall be limited to the following: a. Provision of bicycle racks and/or storage facilities in office and commercial areas and in multi-family residential areas. b. Cooperation in the locating of bus stops, shelters and other passenger and system accommodations when a transit system is developed to serve the project area. c. Use of energy-efficient features in window design (e.g., shading and tinting). d. Use of operable window~ and ceiling fan~. e. Installation of ener~y-effici~mt ai~ll~nces and e~uipment. · f. Reduced coverage by asphalt, concr.ete, rock and similar substances in streets, parking lots and ether areas to reduce local air temperatures and reflected light and heat. g. Installation of energy-efficient lighting for streets, parking areas, recreation areas and oth{r interior and exterior public areas. h. Selection of native plants, trees and other vegetation and landscape design features that reduce requirements for water, fertilizer, maintenance and other needs. i. Planting or retention of native shade trees to provide reasonable shade for all recreation area~, streets and parking areas. J. Placement of trees to provide needed shade in the warmer months while not overly reducing the benefits of sunlight in the cooler months. k. Planting or retention of native shade trees for each residential unit. 1. Orientation of structures, as possible, to reduce solar heat gain by walls and to utilize natural cooling effects of the wind. m. Provision for structural shading (e.g., trellises, awnings and roof overhangs)' wherever practical when natural shading cannot be effectively. used n. Inclusion of porch/patio areas in residential unit s. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessa,;y to protect the public health, safety and welfare). AIR QUALITY 1) The developer shall comply with applicable codes and apply for required permits relative to air quality, where such permits are required. C. TRANSPORTATION Oranget~ee Associates Agr~ Dcv~icpmcn~ ¢-~po~ation, or its successors or assignees, shall commit to the payment of road impact fees, in accordance with the provisions of Ordinance 85-55, at such time as building permits are requested. 2) The developer shall provide separate left and right turn lanes on Immokalee Road at the project's access if deemed necessary by the County Engineer, and shall make a fair share contribution toward the capital cost of a traffic signal at the intersection of CR 846 and CR 858 when deemed warranted by the County Engineer. The signal shall be owned, operated and maintained by Collier County. 3) The developer shall bear the entire cost of all traffic signals which may become needed at intersections within the project. D. WATER MJkNAGEMENT 1) A maste~/conceptual water management system design. shall be submitted to and approved by the Water Management Advisory Board prior to the submittal of construction plans to the County Engineer. 2) Detailed water management construction plans shell be submitted for approval to the County Engineering Department prior to commencement of construction. 3) Surface Water Management Permits shall be obtained from the South Florida Water Management District prior to the commencement of development. 4) The watec management for the pran~etree a~f~ {~eYe-t~Ye project shall implement water quality "be~t m~nagement practices" to the exte~lt ! possible. ~ 5) An Excavntion Permit will be £equired for the ~ pre,posed lakes in accordance with Collier County ~ Ordinance No. 80-26, as amended by Ordinance No. i~, £3-3, and as may be amended in the future. i 6) Reservoir~./lakes wholly located l~ agriculturally ~ designateC land may vary from typi__c, al construction '.: specifications of County Ordinance No. 88-26 as a_~proved by the Board of county Commissioners through the excavation permit process. If the use of the land surrounding the agricultural reservoirs/lakes is ever changed to a use other than agriculture, all areas of the reservoirs/ ~akes will be required to meet standards specified in the County Excavation Ordinance in effect at that time. E. WATER & SEWER 1) Water Facilities Developer shall provide an on-site potable water source and shall construct an on-site potable water treatment plant and distribution system. The system shall be designed and constructed, by phases if desired, to serve all developed portions (agricultural areas excluded) of the project; including flows adequate to provide fire protection. All components shall be designed and constructed in accordance with applicable Collier County and State of Florida ~equirements. 2) Sewer Facilities - Developer shall construct an on-site sewage treatment plant and sewage collection and transmission system to serve all developed portions._ County -contingent upon, construction cf ~ ppr~zimatcly 2~ zinnia bom:: cn septic .......... ~ignificant : ........ ................ pprcval by thc Count]' En'¢ironncnt&l Hcalth Dcpar,mcn~, If ~hc County fin~= that thc installation cf ~cptlc cnvironmcnt&l ....... collection system ~ill ~pc~tic~. Treatment plant shall provide treatment levels, pursuant to Chapter 17-6.040(q), Florida Administrative Code, required to allow use of treated effluent in the proposed on-site drip irrigation system· Ail components shall be designed and constructed in accordance with applicable Collier County and State of Florida requirements. During the time that the Developer operates the sewage treatment plant, data required pursuant to County .O~dinance No. 80-112 showing the availebility of-sewage service will be submitted for approval by the Utilities Division prior to approval of the construction documents for the project and for all building permits required. Copies of the_approved DER permits for the sewage collection ~nd transmission systems and the on-site wastewater treatment facility shall be submitted upon receipt to the Utilities Division. 3) Plans Approval All construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. Detailed hydraulic design reports covering the complete water and sewer systems to serve the project will be submitted with the construction documents for the project. These reports shall list all design assumptions, demand rates and other factors pertinent to the systems under consideration. Prior to approval of construction documents by the Utilities Division, the Developer will present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide sewe~ and/or water service to the project until the County can provide these services through its water and sewer facilities. Upon completion of construction the water and sewer facilities will be tested to insure they meet Collier County's minimum requirements, a comprehensive inspection of the facilities made by the Utilities Division and record drawings of the facilities filed with the Utilities Division. Any utility entity established to serve 'or serving ~he project shall a'is~ be b°Und'6y these. General bevelopment Obligations cogc~.rning the provision of water and sewer related utilities to the project . '~ 4) Facilities Ownership and Conveyance - It is understood by Developer that Collier County may, at some future time, desire to serve ~he project water and sewer services. To ~ha~ en~, Developer freely and vo. lun.tarily ~agre~s, ~t tk= ti=c =f convey at no cost all water and sewer treatment plants and distributiOn/collection and transmission system components in :~i:t:n== at ~ ~..:= :.~ ::'u=:~ ~, to Collier County. ~ ................ Notwiths.ta~d~n~ anything herein to the contrary~ the C~unty i~ turn will agree not to make formal request to serve the project with water or sewer related services until on or'after January 1, 2001. In that re~ard, DevelOper and any interim Utility established to Serve 'the Project shall enter into"a specific a~reement with and '"a'6ceptable tO County which outlines th· ~rocedu?e$, ' covenants, obligations and respon'si- bilities arisin~ from these General DeveloPment Obligations COncernin~ the provision of water '~nd sewer related utilities to the ~roject. Once the water/sewer systems have been ~ conveyed to Collier County, any required expansions to the on-site water treatment plant or sewage treatment plant shall be the responsibility of Collier County and shall be accomplished as required to meet project demand, at the expense of Collier County. Ail required expansions of the water distribution/sewage collection systems shall be the responsibility of the Developer, and shall be designed and constructed to Collier County and State of Florida requirements. On completion of construction, the facilities will be tested to insure they meet Collier County's minimum requirements, at which time they will be conveyed or transferred to the County, when required by the Utilities Division, pursuant to appropriate County Ordinances and Regulations in effect at the time conveyance or transfer is requested, prior to being placed into service. 5) Rights-of-way/Easements - All components of the water and sewer systems that may be conveyed to Collier County including treatment plants, shall be constructed within public rights-of-way or on 9-6 lands owned or controlled by Developer for which Developer can provide utility easements to Collier County. All water and sewer facilities constructed on private property and not required by the County to.be located within utility easements shall be 'perpetually owned, operated and maintained by the Developer, his assigns or successors. At ti~e time of system conveyance Developer shall provide all required easements. At such time as Collier County discontinues operation of the on-site water or sewer plants, the u~c ~f plant site shall revert be conveyed back to the developer by applicable statutory deed ~ site utility easements shall 'be vacated~ except that an easement shall be reserved for any connecting facilities required, pursuant to paragraph. 6) Connection to County Water and/or Sewer Facili- ties. - All construction plans and technical specifications related to connections to the County's off-site water and/or sewer facilities will be submitted to the Utilities Division for review and approval prior to commencement of construction. Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of the water supply source, if applicable, in a manner consistent with State of Florida standards. All work related with this activity shall be performed at no cost to the County. Connection to the County's off-site water and/or sewer facilities will be made by the Developer, their assigns or successors at no cost to the County within 120 days after such facilities become available at the project site. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s). , crc. 7). Customers - Ail customers connecting to the water distribution and sewage collection facilities will be customers of the developer or the interim utility established to serve the project until Collier County makes formal request for dedication of the water and sewer systems. At that time, the customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County~ at thc tim: -~hcn .... :~-~- ~ ....... ~-.. prc3cct' and -uch c~zn:cticn is made.. Prior to connection of the project to County off-site water and/or sewer facilities, or the County assuming operation and maintenance responsibilitY for the water and/or sewer systems the Developer, and/or his assigns, or successors shall turn over to the County a complete list of the customers served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities .served within the project and the entity which will be responsible for the water and/or sewer service billing for the project. 8) System Development Charges - During that period of time that the water and sewer utility system is owned, operated and maintained by Developer, Developer may charge a system development charge to each connecting customer in an amount as approved and allowed by the Florida Public Service Commission (PSC) .z ...... csnvcyancc, .... n and from that ~ime {~Ume-~ Developer agrees to pay all applicable system development charges or impac~ fees at the time that building permits are required, pursuant to County ordinances and regulations then in effect. As well, Developer acknowledges that upon connection of the interim facility to the off-site treatment and transmission facilities operated and maintained by the County. that all owners of existin9 properties characterized as new users and subject to the imposition of either a water or sewer impact fee will be required to pay system development charges or impact fees for such new use. On the other hand, buildings, structures, or improvements, either existing or which have been issued a buiidin~ permit for which construction is proceeding in good faith, shall not be required to pay a water or sewer impact fee, whichever the case, if at the time the County formally and of its own volition resolves to provide the Project With water or sewer related services, the Board of Commissioners, in ~ood faith, expressly declares its intention to operate the water or sewer utility treatment fa6~lities as a part of frs regional system, or as a stand alone system without an intention to immediately dismantle and disconnect from the existing on-site treatment facilities. Nothwithstanding the provisions of this subparagraph 8 a subsequent ordinance of general application, effective at the time of connection of the interim facility to the off-site treatment and transmission facilities operated and 'maintained by the County which has contrary or dif'feri'hg"p~Ovisions' relative to the imposition of water and/or sewer ~ystem development 6h~rges or impact fees, shall be construed as superseding the applicable provisions of.this subparagraph..8. 9) Developer shall be allowed up to ten (10) temporar . private well~ and individual sewage dispoSaiy systems as areas are developed Prior to construction or expansion of the central systems. All such temporary facilities shall comply with ~ppli6able state and county regulations and shall acquire required permits. ENVIRONMENTAL l) A site clearing plan shall be submitted to the "NatUral" Resource Management Department and the ''Community Development for their review and 'approval prior to any substantial work on the b--site. This plan may be submitted in phases to coincide with the development schedule. The ''site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how to-ads, building, lakes, parking lots, and -"other facilities have been oriented to '-'accommodate this goal. 2)- Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources --'Management' Department and the Community '-'Development Department for their review and 'approval.' This plan will depict the incorporation of native species and their mix "with other species, if any. The goal of site .... landscaping shall be the re-creation of native ..... vegetation and habitat characteristics lost on " the -site' during--construction or due to past ~--' activities. 3) All exotic plants, as defined in the County Code, shall be remcved during each phase of construction from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Department. 4) If, during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site,' artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management 9-10 0'44 75 Department or a designated consultant to assess the find and determine the proper course of action in regard to is salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. G. EDUCATION The project shall fully mitigate its fiscal impacts by donating a 25 acre parcel to the Collier County Public School District to be utilized as a ~chool site. H. FIRE PROTECTION i~ m~_ ~c..-~^__ shall ~edicatcd upon rcqucst by thc firc- district or at 1) ~ The developer commits to providing a central water system to all residential and commercial facilities which is capable or providing fire flow capacities as required by Collier County. 2) ~7~ Building heights shall be limited to twenty five (25) feet for all habitable structures in accordance with Corkscrew Fire District's equipment capabilities. I. FISCAL The developer has agreed to dedicate a school site to the School Board, a ~itc · . ............. et~ and to donate fifty five (55) acres to the County for public use purposes, including the Collier County Fairgrounds. The Developer has also donatad $25,000 to the Corkscrew Fire District for equipment on August 3, 1987. These donations shall mitigate the projects fiscal impacts 9.03 DEVELOPMENT PLAN A. The Master Plan, Thomas Lucido & Associates Ref. No. 9020 '~:M~S~P Filc ~o. MD-4~ is an iljustrative ~reliminary development plan. B. The design criteria and layout iljustrated in the Master Plan shall be understood as flexible so that the final design may best satisfy the project and comply with all applicable requirements. C. Minor design changes, shall be permitted subject to County staff administrative approval. 9.04 AMENDMENT Amendment of this zoning and development document, or of the Master Land Use Plan, shall be accomplished according to the procedure set forth by Collier County for amendment to a Planned Unit Development. 'j..¢/' . . STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 91-43 which was adopted by the Board of County Commissioners on ~.' ' the 28th day of May, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of blay, 1991 JAMES C. GILES ' '.' ' ~ ':' : Clerk of Courts and Cle.~k Ex-off/cio to Board of County Commiss~ . · ~: /s/Maureen Kenyon .. , ....... .'"' ~ Deputy Clerk