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Ordinance 91-053 ORDINANCE 91- ~.3 AN ORDINANCE AMENDING ORDINANCE NUMBER 82-2 THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 8505N, 8505S, 8507N, 8508N AND 8509N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS AUDUBON COUNTRY CLUB PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF U.S. 41, EXTENDING WESTWARD ACROSS VANDERBILT BEACH DRIVE TO LITTLE HICKORY BAY, IN SECTIONS 5, 7, 8, AND 9, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 754 75 ACRES; BY ~' REPEALING ORDINANCE NO. 87-77 WHICH ORIGINALLY ESTABLISHED THE AUDUBON COUNTRY CLUB PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert H. Flinn of Audubon Joint Venture, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED .BY THE BOARD OF COUNTY COM/~ISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real property located in Sections 5, 7, 8, and 9, To~ship 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD document, attached hereto as Exhibit "~" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps Numbered 8505N, 8505S, 8507N, 8508N and 8509N, as described in Ordinance Number 82-2, is hereby amended accordingly. SECTION TWO: Ordinance Number 87-77, known as the Audubon Country Club PUD, adopted on October 6, 1987 by the Board of County Commissioners of Collier County is hereby repealed in its -1- 2 SECTION THREE; This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with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 Co~uissioners of Collier County, Florida, this ~dday of ATTE'~T~i~'j ~£,, BOARD OF COUNTY COMMISSIONERS J~ES C..'.GILE.~ Clerk COLLIER COUNTY, FLORIDA Ap~r,~{te~.'~75t~ form and ' lega~ safficiency Ma~J~rie M. Student Assistant County Attorney P~-87-12(1) ORDIN~CE nb/5448 ~m ~ fll~ w~ ~ -2- PLANNED UNIT DEVELOPMENT DOCUMENT FOR AUDUBON COUNTRY CLUB A PJ2%NNED RESIDENTIAL COMMUNITY Ordinance No: 91-53 Effective Date: June 25, 1991 Amendment Filed: CCPC Approval Date: June 6~ 1991 BCC Approval Date: June 25~ 1991 Ordinance No: 91-53 CURRENT AUDUBON COU~rRY CLUB PLANNING TEAM Consulting Engineert Land Surveyors and Planners HOLE MONTES & ASSOCIXTES, INC. 715 Tenth Street South, Naples, Florida 33940 Ecoloqist KEVIN ERWIN Kevin Erwin Consulting Ecologists, Inc. 2077 Bayside Parkway, Fort Myers, Florida 33901 INDEX !<~ PAGE <~.' LIST OF EXHIBITS ............................................... ii STATEMENT OF BACKGROUND PURPOSE ............................... iii STATEMENT OF COMPLIANCE & SHORT TITLE .......................... iv SECTION I: PROPERTY OWNERSHIP & GENERAL DESCRIPTION ........ 1-1 SECTION II: PROJECT DEVELOFMENT ............................. 2-1 SECTION IIlx SINGLE-FAMILY RESIDENTIAL (R-I) ................. 3-1 SECTION IV~ VILLAS (R-2) .................................... 4-1 SECTION V: MULTI-FAMILY RESIDENTIAL (R-3) .................. 5-1 SECTION VI: COMMERCIAL RETAIL CENTER (CR) ................... 6-1 SECTION VII: GOLF COURSE & COUNTRY CLUB (GC) ................. 7-1 SECTION VIII: OPE1; SPACE/CONSERVATION (OS/C) .................. 8-1 SECTION IX: GENERAL DEVELOPMENT COMMITMENTS ................. 9-1 LIST OF EXHIBITS EXHIBIT A MASTER DEVELOPMENT PLAN EXHIBIT B Lsgal Description EXHIBIT C Typical Street Right of Way and Road Cross Section STATEMENT OF BACKGROUND PURPOSE The Property was zoned PUD under Ordinance 87-77 and a substantial portion of the development has been completed pursuant to such ordinance. The infrastructure for the portion of the property lying between U.S. 4i and Vanderbilt Drive has been substantially completed and such property has been subdivided under the plats for (i) Audubon Country Club, Unit One, Plat Book 15, Page 30 of the Public Records of Collier County, Florida and (ii) Replat of Audubon Country Club Unit One as recorded in Plat Book 15, Pages 30-35 which replat is itself recorded in Plat Book 17, Page 69,- of the Public Records of Collier County, Florida. The golf course and part of the water management system have been completed on the part of the Property west of Vanderbilt Drive. The primary purpose of this Amended and Restated PUD is to (i) recognize that a portion of the property which was subject to Ordinance 87-77 (located in the northwest corner of the property subject thereto) has been excluded from it and (ii) make certain amendments in the development standards and stipulations to permit needed flexibility to accommodate completion of the development. Although substantial portions of the development have been completed and although the developer has fulfilled many of its development commitments in Ordinance 87-77, nevertheless, this document continues to set forth the applicable development requirements from Ordinance 87-77 to preserve a record of those requirements. It should, however, be understood that although phrased herein as requirements to be completed in the future many such requirements have now been completed. STATEMENT O~ COMPLIAItCE 5~ . :~' 'The development of approximately 754.75 acres of property in Sections 5, 7, 8, and 9, Township 48 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as Audubon Country Club, will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential and commercial development and associated recreational facilities (multi-use) of Audubon Country Club will be consistent with the growth policies, land development regulations and applicable Comprehensive Plan documents for the following reasons~ l) The subject property is consistent with the Growth Management Plan. 2) The project development is compatible with and complementary to the surrounding land uses. 3) Improvements are planned to be in substantial compliance with applicable regulations. 4) The Master Development Plan insures a generous amount of common open space and flexibility in design which will insure a quality living environment for the residents. 5) The project development will result in an efficient and economical extension of community facilities and services. 6) The project development is planned to incorporate natural systems and existing, man-made systems for water management in accordance with their natural functions and capabilities. 7) Arterial roadways are in existence adjacent to the property and the number of egress and ingress points are controlled. 8) The development areas will be separated from the environmentally sensitive areas (including the xeric scrub areas) and the environmentally sensitive acres are being protected and/or preserved. 9) The project is surrounded by developed areas or approved development projects and therefore does not exemplify leap frog growth. 10) The project as previously zoned under Ordinance 87-77 has been substantially developed and has been found to be 'improved property' within the Zoning Re-Evaluation Ordinance 90-23 as required by policy 5.1 of FLUE (Future Land Use Element) of the Growth Management Plan. SHORT TITLE This ordinance shall be known and cited as 'Audubon Country Club PUD Ordinance." iv ,.- SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION ..~' 1.01 INTRODUCTION AND PURPOSE It is the intent of the Owner (hereinafter called "Developer') to establish and develop a Planned Unit Development (PUD) on approximately 754.75 acres of property located in Collier County, Florida. It is g~nerally bordered on the west by Little Hickory Bay and on the east by U.S. Highway 41. The northern boundary of the property is Bonita Shores Subdivision aha .Lee County. The southern edge of the property is bounded by Bay Forest and The Retroat Developments. It is the purpose of this document to provide the required standards and to set forth guidelines for the future development of the property. 1.02 NAME - The PUD development shall be known as Audubon Country Club. "~.:. 1.03 LEGAL DESCRIPTION ~ See Attached Exhibit 'B' ~" 1.04 TITLE TO PROPERTY Except for platted lots or tracts heretofore conveyed, the subject properties are currently under ownership and the unified control of Audubon Joint Venture, a Florida partnership composed of Audubon of Naples Corporation, a Florida corporation, and F and B Associates, a New York limited partnership. X.05 CURRENT ZONING :.- The property is currently zoned PUD (Audubon Country '.. Club), Ordinance 87-77. SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of development and delineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT Audubon Country Club is a planned community, which includes a mixture of residential and commercial uses, golf course, open space/parks and conservation areas. 2.03 COMPLIANCE WITH APPLICABLE ORDINANCES The project is planned to be in compliance with the applicable Collier County zoning and subdivision regulations as well as other Collier County development codes in effect at the time permits or plats are requested, except as provided herein. 2.04 LAND USE 2.04.01 The MASTER DEVELOPMENT PLAN (Exhibit A)_shows the proposed land uses of development for each parcel. Some variations in acreages shall be permitted at final design to accommodate vegetation~ encroachments, utilities, topography, protected animal species, site and market conditions. In addition, variations of up to five percent (5%) of the developable area shall be permitted to accommodate changes required by environmental permitting agencies or county staff at site plan approval. 2.05 SITE DEVELOPMENT PLaN APPROVAL When site development plan approval is required by this document, applicant shall comply with Section 10.5 of the Zoning Ordinance or successor regulations dealing with site development plan approval. C44= 211 A) Site Development Plan approval, when required, shall follow the procedure as outlined in Section 10.5 of 'the zoning ordinance. LAND USE SCHEDULE ~.APPROXI~J%TE MAXIMUM NO. OF LAND USE TYPE ACREAGE DWELLING UNITS RESIDENTIAL R-I (Single-Family) 108.7 408* R-2 (Villas) 43.6 R-3 (Multi-Family) 27.9 300 COI~ERCI/~ CR Retail 12.4 124,000 sq. ft. of floor area All acreages are approximate and may vary significantly to accommodate site conditions, environmental permits, topography and existing native vegetation. *There will be a total of 408 dwelling units allowed between the R-1 and R-2 use types or districts. There is no specific number of units allocated to either such use. 2.07 PROJECT DENSITY '.~' The total acreage of Audubon Country Club's property is 31 approximately 754.75 acres. The maximum number cf dwelling · ~ii' units to be built on the total ·acreage is 708. The development of 708 dwelling units would result in a gross density of less than one unit per acre (.94 dwelling units per acre). The density on individual parcels of land throughout the project may vary according to the type of ~. housing placed on each parcel of land. 2.08 PERMITTED VARIATIONS OF DWELLING UNITS Flexibility is to be allowed as-to the number of units on .. any parcel within a district, provided that any specified maximum number of residential units fox' that district is not exceeded and the development standards contained in this PUD are not exceeded. Further, the Development Services Director may allow up to a fifteen percent (15%) variance in any residential district, so long as the total does not exceed 708. !i 2.09 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 done in substantial compliance with the Collier County Subdivision Regulations. " 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. 2.10 PERMITTED USES~ GENERAL Developer's landscaping nursery, essential serv~.ces, model homes, sales centers, signs, temporary development/ construction offices and other similar and compatible uses as may be approved by the Development Services Director, along with their accessory uses, shall be considered as permitted principal uses on all tracts and land use classifications within the project. .. 2.11.01 GENERAL · (a) All County sign regulations shall apply unless such regulations are in conflict with !' the conditions set forth in this section. (b) For the purpose of this PUD Document/ Ordinance, each tract or any portion thereof approved by the Development Services Director as a ,separate project shall be considered as a separate parcel of land and shall be entitled to any sign as permitted herein. (c) All signs shall be located so as not to cause sight distance problems. 2.11.02 ENTRANCE SIGNS (a)Two (2) entrance signs shall be permitted at each entrance s~o~n on the Master Development (b) Entrance signs shall not exceed a height of twelve (12) feet above the finished ground level of the sign site nor may the aggregate area of the signs face exceed one hundred (100) square feet at each major entrance. (c) Entrance signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or into adjacent residences. 2.11.03 PROJECT SIGNS (a) Four project signs, designed to promote Audubon Country Club, or any major use within the project shall be permitted, two on the west side of U.S. Highway 41, and one each on the east and west sides of Vanderbilt Beach Drive subject to the following conditions: (i) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. (ii) Project signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or into adjacent residences. 2.11.04 Buffers and External Fences (a) The east-west cul-de-sac road which borders and parallels the Bonita Shores Subdivision on the northern boundary of the project, west of vanderbilt Beach Drive, shall be set back a minimum of 45 feet from the property line as a buffer area, which shall be subject to the requirements of 8.37 b., c. and d. of the Zoning Ordinance. This buffer area may have the existing vegstation enhanced in order to visually screen the project and the area, and may also be utilized for sub-surface utilities, provided agreement for such use is reached between the Developer and County and an easement granted. A 6 foot green chain link fence may be constructed within the buffer area adjacent to the Bonita Shores Subdivision within and along the northern edge of the area cleared for installation of a county-owned water line. The fence shall be located and constructed so as to not require further cutting, clearing or removal of existing vegetation. (b) The cul-de-sac road right-of-way which parallels and borders the southern boundary of the project between U.S. 41 and Vanderbilt Beach Drive shall be set back a minimum of 25 feet from the property boundary. The 25 foot set back area shall be maintained as a buffer. (c) Unless otherwise specified herein, buffers may consist of natural vegetation, natural vegetation enhanced by landscaping, berms, walls, fences, or any combination of the above. (d) A wall or fence up to 8 feet in height may be constructed along the adjacent property line of Tract Y and those platted properties to the south but not in Tract Y, but generally adjacent to the east west cul-de-sac road. " SECTION II1 ~,. SINGLE-FAMILY RESIDENTIAL (R-l) -. 3.01 PURPOSE ~ The purpose of this Section is to set forth the regulations for the areas and district designated as Single-Family Residential (R-l). 3.02 MAXIMUM DWELLING UNITS :'.'?. A total of 408 dwelling units' .less the number of units ~. constructed in the Villa [R-2] tract according to section IV · ~ may be constructed in the R-1 district except as provided in ~ Section 2.08. 3.03 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: A) Permitted Principal Uses and Structures 1) Single Family detached type dwelling structures. 2) Public and private parks, playgrounds, playfields and commonly owned open space. B) Permitted Principal Uses and Structures Requiring Specific Site Approval According to Section 2.05 1) Single Family attached and detached type dwelling structures (villas, townhouses, patio homes, zero lot-line units, and other similar single family attached or semi-attached dwellings), pursuant to development regulations in Section IV. 2) Recreational structures, community buildings, utility structures. 3) Development, management, construction and sales offices. ' C) Permitted Accessory Uses and Structures 1) Customary accessory uses and structures, including but not limited to private garages and private swimming pools, and essential services and related structures. 3-1 ~.~ . 2) Model homes shall be permitted in conjunction with I~.~'~ the promotion of the development as provided in I~~ the Zoning Ordinance. :. 3.04 PROPERTY DEVELOPMENT REGULATIONS FOR. PERMITTED USES ~"' 3.04.01 GENERAL: All yards, set-backs, etc., shall be applied in relation to the individual lot boundaries. .. 3.04.02 MINIMUM LOT AREA AND DIMENSIONS: Area: 10,000 Sqh~re Feet Frontage: 95 Feet Interior Lots 105 Feet Corner Lots 80 Feet Cul-de-sac and odd shaped lots (measured at the front yard setback line). 3.04.03 MINIMUM SETBACKS FROM SUBDIVIDED LOT BOUNDARIES: ~' Front: 25 Feet Side: 7.5 Feet One Story 10 Feet Two Story · Rear: 25 Feet To Principal Structure :" 10 Feet to Screen Enclosures 3.04.04 MAXIMUM BUILDING HEIGHT: Principal Structures: 2 Living stories plus roof structure over parking Accessory Structures: 20 Feet 3.04.05 MINIMUM FLOOR AREA: 1,500 sq. ft. 3.05 PROPERTY DEVELOPMENT REGULATIONS FOR PERMITTED USES REQUIRING PLAN APPROVAL (Section 3.03B~ 3.05.01 GENERAL: All yards, setbacks, etc. shall be applied in relation to development parcel boundaries or lot boundaries as indicated. 3.05.02 MINIMUM DEVELOPMENT PARCEL AREA & DIMENSIONS As determined during subdivision master plan review if applicable. 3.05.03 MINIMUM LOT AREA AND DIMENSIONS Area: 1,500 Square Feet Minimum Parcel Dimension .along any primary side: 50 Feet 3.05.04 MINIMUM SETBACKS 'Development Tract' means one of the Tracts on which Residential Development is permitted in accord with the Master Plan in Exhibit A. 'Lot' means a portion of ~ .Development Tract which has been subdivided as .such under a recorded subdivision plat. To Principal Uses from adjoining rights of way: 25 feet To Principal Uses from Lot or Development Tract Boundaries: 10 feet To Principal Uses from Open Space or Recreational Areas: 10 feet To Accessory Uses, typical from Lot or Development Tract Boundaries: 5 feet To Fencing, Screening and Privacy Wall not exceeding 6 feet in height from Lot or Development Tract Boundaries: None From Preserve Tracts outside of the Lot or Development Tract Boundaries: To Principal Uses: 20 feet To Screen Enclosures: 10 feet 3.05.05 MAXIMUM BUILDING HEIGHT: Principal Structures: 2 Living Stories Plus Roof Structure Over Parking Accessory Structure: 20 Feet 3.05.06 MINIMUM FLOOR AREA: 1,500 Square Feet 3.05.07 The foregoing standards with the exception of setbacks to preserve areas and standards pertaining to height and minimum floor area may be waived for permitted uses set forth in section 3.03, Permitted Uses and Structures, by the Development Services Director in any Development Tract where a site development plan is approved for an entire Development Tract which shows the 3-3 ,.,~,,~ position and relationships of all proposed ~,.. structures. 3.06 OFF-STREET PARKING · Those principal use structures which are identified in .~'/~. Section 3.03A shall contain a minimum of two (2) parking spaces per dwelling unit. The Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. 3-4 SECTION IV VILLAS (R-2) 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas and district designated as Villas. 4.02 MAXIMUM DWELLING UNITS A total of 408 dwelling units less the number of units constructed in single family _IR-l] tracts according to section III may be constructed'in.the R-2 district except as permitted by Section 2.08. 4.03 PERMITTED USES AND STRUCTURES A) Permitted Principal Uses and Structures 1) Single Family attached and detached type dwelling units (villas, townhouses, patio homes, zero lot-line units) and other similar single family attached or semi-attached dwellings. 2) All permitted principal uses and structures allowed by Section 3.03A of this document. B) Permitted Principal Uses and Structures Requiring Specific SAte Plan Approval According to Section 2.05 Any permitted structure exceeding the maximum building height allowed by Section 4.04.04 of this document, but not exceeding three (3) habitable/living stories above parking. C) Permitted Accessory Uses and Structures 1) All permitted accessory uses and structures allowed by Section 3.03C of this document. 2) Private boat docks with or without boat hoists on water front lots not protruding more than five feet into the water. 4.04 PROPERTY DEVELOPMENT REGULATIONS 4.04.01 GENERAL All yards, set-backs, etc., shall be applied in relation to the individual Tract boundaries. 4-! 4.04.02 MINIMUM PARCEL AREA AND DIMENSIONS As determined during subdivision master plan review if applicable. MINIMUM LOT SIZE AREA AND DIMENSIONS Area: 1,500 square feet Minimum Tract Dimension along any primary side: 50 feet 4.04.03 MINIMUM SETBACKS TO TRACT BOUNDARIES: 'Development Tract' means one of the Tracts on which Residential Development is permitted in accord with the Master Plan in Exhibit A. 'Lot' means a portion of a Development Tract which has been subdivided as such under a recorded subdivision plat. To Principal Uses along any Road Right-of-way: 25 feet To Detached Principal Uses from adjacent Lots, Side Yards in Lots or Development Tracts: 5 feet To Attached Principal Uses from adjacent Side Yards in Lots: 0 feet To Attached Principal Uses from adjacent Development Tract Side Yards: 5 feet To Principal Uses from Open Space or Recreational Areas: 10 feet To Accessory Uses, from Development Tract or Lot Boundar],es Typical: 5 feet To Fencing, Screening and Privacy Wall not exceeding 6' high from Development Tracts or Lot Boundaries: Mone From Preserve Tracts outside of the lot or Development Tract to Principal Use: 20 feet 4.04.04 MAXIMUM BUILDING HEIGHT: PRINCIPAL STRUCTURE~ (2) habitable/living stories above parking unless other- wise. approved under Section 4.03B. ACCESSORY STRUCTURE: 25 feet 4.04.05 MINIMUM FLOOR AREA: 750 square feet per unit 4.05 The foregoing standards with the exception of setbacks to preserve areas and standards pertaining to height and minimum floor area may be walged for permitted uses set forth in section 4.03, Permitted Uses and Structures, by the Development Services Director in any Development Tract where a site development plan is approved for an entire Development Tract which shows the position and relationships of all proposed structures. 4.06 SEPARATION BETWEEN R-1 AND R-2 USES Where both R-1 and R-2 uses are proposed to be developed within any single Development Tract as shown on the Master Plan in Exhibit A such uses shall be separated by a buffer, right of way, water management area, conservation/open space area, golf course, other recreation facility or some other appropriate method of separation approved by the Development Services Director. 4.07 OFF-STREET PARKING Those principal use structures which are identified in Section 4.03A shall contain a minimum of two (2) parking spaces per dwelling unit. The Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. ,. SECTION V :,." ' MULTI-FAMILY RESIDENTIAL (R-3) :!~i..~ 5.01 PURPOSE The purpose of this Section is to set forth the regulations i~.~'~ for the areas and district designated as Multi-Family !:;.?. Residential (R-3) on the Master Development Plan. i 5.02 MAXIMUM DWELLING UNITS A maximum number of 300 dwelling units may be constructed in the R-3 Multi-Family Residential parcels, except as permitted by Section 2.08. 5.03 PERMITTED USES A/gD STRUCTURES "i~.' No building or structure or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures 1) Multi-family dwellings, which is defined as any single structure containing two (2) or more separate dwelling units. 2)All permitted principal uses and structures allowed by Section 4.03 of this document. 3) All permitted principal uses and structures allowed by Section 3.03A of this document. B) Permitted Principal Uses and Structures Requiring Specific Site Plan Approval Accordinq to Section 2.05 1) Any permitted structure exceeding the maximum building height allowed by Section 5.04.04 of this document but not exceeding 20 habitable/living stories above parking. 2) All permitted principal uses and structures allowed by Section 3.03 of this document. 3) Churches and other places of worship including ~ convents and monasteries. 4) Rest Homes, homes for the aged, life care and limited care facilities, and like, subject to the property development regulations of 5.05. C'44 223 5-~ C) Permitted Accessory Uses and Structures All permitted accessory uses and structures allowed by Section 3.03C of this document. 5.04 PROPERTY DEVELOPMENT REGULATIONS 5.04.01 GENERAL: All yards, set-backs, etc., shall be applied in relation to the individual parcel boundaries. · 5.04.02 ~; A) MINIMUM PARCEL AREA A~6 DIMENSIONS ~< Area: 1 acre '. Frontage: 150 feet B) MINIMUM LOT SIZE: None 5.04.03 MINIMUM SETBACKS TO PARCEL BOUNDARIES One-half of principal building height with a · minimum of: Front: 30 feet Side: 15 .feet Rear: 30 feet 5.04.04 MAXIMUM BUILDING HEIGHT Six (6) habitable/living stories above parking unless otherwise approvod under Section 5.03(B) MINIMUM FLOOR AREA: 750 square feet per unit 5.05 PROPERTY DEVELOPMENT REGULATION FOR USES UNDER 5.03 B) 3) and 4) ONLY: 5.05.01 MINIMUM AREA AND DIMENSIONS Area: 2 acres Frontage: 150 feet 5.05.02 SET BACKS TO PARCEL BOUNDARIES One half of principal building height with the same minimums as 5.04.03. 5.05.03 HEIGHT: As specified by Section 5.04.04. 5-2 5.06 OFF-STREET PARKING Those principal use structures which are identified in Section 5.03A shall contain a minimum of two (2) parking spaces per dwelling unit. The Development Services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. SECTION VI COMMERCIAL RETAIL CENTER (CR) 6.01 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "A", Master Development Plan, as the Commercial Retail Center (CR). 6.02 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: A) Permitted Uses: 1. Antique shops 2. Appliance stores 3. Art studios 4. Art supply shops 5. Automobile parts stores 6. Automobile service stations 7. Bakery shops 8. Banks and financial institutions 9. Barber and Beauty shops 10. Bath supply stores 11. Bicycle sales and services 12. Book stores 13. Carpet sales - not including storage or installation 14. Child care center subject to site plan approval 15. Clothing stores 16. Cocktail lounges 17. Commercial recreation uses 18. Commercial schools 19. Confectionery and candy stores 20. Delicatessens 21. Department stores 22. Drapery shops 23. Drug stores 24. Dry cleaning shops 25. Dry goods stores 26. Florist shops 27. Furniture stores 28. Garden supply stores - outside display in rear 29. Gift shops 30. Glass and mirror sales - not including installation 31. Gourmet shop ~' 32. Hardware stores 33. Health food stores and health facilities 34. Hobby supply stores 35. Ice cream stores 36. Interior decorating showrooms and office 37. Jewelry stores 38. Laundries 39. Liquor stores 40. Locksmith 41. Medical clinics and offices 42. Millinery shops 43. Music stores 44. News stores 45. Office supply stores 46. Paint and wallpaper stores 47. Pet shops and supplies' 48. Photographic equipment stores 49. Post office 50. Printing, publishing and mimeograph service 51. Private clubs, fraternal'and social 52. Radio and television sales and service 53. Restaurants 54. Shoe sales and repairs 55. Shopping centers 56. Souvenir stores 57. Stationary stores 58. Supermarkets and meat markets (not to exceed 25,000 square feet) 59. Tailor shops 60. Tile sales - ceramic tile 61. Tobacco shops 62. Toy shops 63. Tropical fish stores 64. Variety stores 65. Veterinary offices & clinics (no outside Kenneling) 66. Watch and precision instrument repair shops 67. Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. 68. Water management facilities, parks, essential services, and preservation areas. B. Permitted Accessory Uses and Structures Accessory uses and structures customarily associated with the uses permitted in this district. 6.03 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of 35 feet from all roadways and 50 feet from boundaries with residential parcels. 6-2 There shall be no required setback from boundaries from open space conservation areas· A landscape buffer area of at least ten (10) feet shall be maintained between parking areas and any roadways or residential parcels and shall comply with Section 8.37 of the Zoning Ordinance. 6·04 BUILDING SEPARATION All buildings shall be separated twenty (20) feet or one-half (1/2) the sum of their heights whichever is greater except that in the case of cjustered buildings with a common architectural theme these distances may be less, provided that a site plan is approved by the Director. 6.05 MINIMUM FLOOR AREA OF PRINCIPAL sTRUCTURES One thousand (1,000) square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than one thousand (1,000) square feet shall be permitted when site plan approval has been received. 6.06 MAXIMUM HEIGHT Thirty five (35) feet above finished grade of lot. 6.'07 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING RE_Q~IREMENTS As required by the Zoning Ordinance of Collier County. 6.08 MINIMUM LANDSCAPING REQUIREMENTS As required by the Zoning Ordinance of Collier County. 6.09 SIGNAGE~ A. Wall and Marquee Siqns One wall or marquee sign per business with an area not exceeding fifteen percent (15%) of the total square footage of the front wall to which it is to be affixed, with a maximum of one hundred (100) square feet. B. On-Premises Siqns One on-premise sign not to exceed fifty (50) square feet for free standing businesses with one hundred fifty (150) feet or more of iootage not to exceed twenty (20) feet in height. J~!,'~ ',~ C Directory or Entrance Siqn J~!i' A maximum of 250 square feet. ~.~ , .10 DEVELOPMENT Prior to development of any commercial tract, a site development plan shall be approved in accordance with Section 10.5 of the Zoning Ordinance: A written request for site plan approval shall.be submitted to the Development Services Director for approval or denial. The request shall include materials necessary to demonstrate that the approval of the site *plan will be in harmony with the intent and purpose of this document. Such material shall include the following, where applicable: A) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, off street parking and off street loading areas, yards and other open spaces. B) Plans showing proposed locations for utilities hook-up. C) Plans for screening and buffering. ~,. D) Plans for proposed signs and lighting. '~ E) In the case of cjustered buildings and/or zero lot line '!'?' with common architectural theme, required property development regulations may be waived or reduced provided a site plan is approved under this section. 6.11 SPECIAL PROPERTY DEVELOPMENT REGULATIONS A) Landscaping, buffer areas and supplementary district zoning regulations that may be applicable to certain uses above shall be adhered to unless in conflict with any of the intent or the previsions specified herein. B) Merchandise storage and display. Unless specifically permitted for a given use, outside storage or display of merchandise is prohibited. C) Automobile Service Stations shall comply with the standards of Section 9.8 of the Zoning Ordinance. 6,.12 MINIMUM LANDSCAPE REQUIREMENTS The project shall comply with the Collier County landscape ord£nance in effect at the time a permit is requested or required. 6.13 SQUARE FOOTAGE Commercial development shall not exceed one hundred twenty-four thousand (124,000) square feet of floor area. .x'yLr.' ~' SECTION VII The purpose of this Section is to set forth the regulations for the areas designated as Golf Course. .02 PERMITTED USES AND STRUCTURES No building or structure, or Pg~ thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A) Permitted Principal Uses and Structures Golf Course B) Permitted Accessory Uses and Structures 1) Clubhouses, pro-shop, practice driving range and other customary accessory uses of golf courses, or other recreational facilities. 2) Small commercial establishments, including gift shops, golf equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 3) Multiple tennis courts, shuffleboard courts, swimnling pools, and other types of facilities intended for outdoor recreation common to a country club. 4) Roads, pathways, accessory uses and structures customarily associated with the permitted use, including but not limited to utility structures, water management facilities, maintenance shops and equipment storage facilities, non-co~nercial plant nursery, etc. 5) Polling places in accordance with Section 9.11 of the Zoning Ordinance. C) Plan Approval Requirements A site plan of the golf clubhouse area shall be submitted in accordance with Section 2.05 of this document. The perimeter boundaries of such plans shall be recorded in the same manner as a subdivision plat. ' ii~" 7.03.01 General Requ.Lrements: 'ii:'~' A) Overall site design shall be harmonious in ,~.. terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. B) Buildings shall be set back a minimum of fifty (50) feet from abutting residential districts and the setback area shall be appropriately l~dscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. 7.03.02 Maximum Height of Structures Three (3) stories over parking. 7.03.03 Parking The off-street parking shall be as required by the Zoning Ordinance of Collier County at the time building permits are requested. SECTION VIII OPEN SPACE/CONSERVATION 8.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated as Open Space/Conservation as well as areas not otherwise covered. 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: A) Permitted Principal Uses and Structures 1) Parks and playground.* 2) Biking, hiking, canoeing and nature trails.* 3) Equestrian paths. 4) Nature preserves and wildlife sanctuaries. 5) Recreational shelters and restroom facilities.* 6) Elevated boardwalk through wetlands areas to Bay as shown on Master Development Plan.* 7) Water Management structures. 8) Pathways, accessory uses and structures customarily associated with the permitted use,including but not limited to utility structures, lakes, water management facilities, etc.* 9) Wildlife Management. 10) Other recreational and open space uses which are compatible and approved pursuant to 9.02(c). · These uses in wetlands areas xeric scrub oak. habitat require advance approval by the Collier County Development Services Department and possible permits from other governmental agencies. <... B) Permitted Accessory Uses and Structures 1) Accessory uses and structures customarily ~:~. .... associated with principal uses permitted in this District. 2) Maintenance and storage areas and structures. C) Site Plan Approval Requirement Site plans for proposed uses which are deemed compatible with above uses by Administrator and not permitted as principal us~. shall be submitted to the Director in accordance with Section 2.05. 8.03 PROPERTY DEVELOPMENT CRITERIA Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 8.04 MAINTENANCE The Developer shall establish a Property Owners Association for the Project which will be responsible for the maintenance and conservation of the Open Space/Conservation areas, recreational facilities, private streets, sidewalks, parks and other common facilities. SECTION IX GENERAL DEVELOPMENT COMMITMENTS 9.01 PURPOSE The purpose of this Section is to set forth the standards for development of the project. A. The design and layout iljustrated by the Master Development Plan shall be understood as general in nature and flexible so that final design may comply with applicable requirem~'ts and best utilize the natural resources. B. Minor design changes may be permitted subject to staff review and approval, and design changes necessitated by environmental permits shall be permitted subject to staff review and approval. C. To protect the integrity of the Planned Unit Development, the major access roads may be private roads and access may be limited thereon with the exception of emergency and official vehicles. 9.02 DEVELOPMENT COMMITMENTS A) Energy 1) Construction shall comply with applicable local and 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. 3) Deed restrictions and other mechanisms shall not prohibit or prevent the use of alternative energy devices such as solar collectors (except when necessary to protect the public health, safety and welfare). B) Transportation 1) The internal roadway system of the proposed project including any needed signals and other intersection improvements shall be constructed by the developer. 2) There will be an eight (8') foot leisure path throughout the development as shown on the Master Development Plan. Together with the golf cart .. paths, they will serve all residential and common ~ areas. ~!i~.i 3) Developer shall provide 50 feet of right-of-way along the north boundary of the property between ~ Vanderbilt Beach Drive and U.S. Highway 41 for ~ future roadway purposes. 4) The Developer shall provide up to 25 feet of additional right-of-way along all frontages on Vanderbilt Drive (CR-90!), the exact amount to be determined when right-of-way permits are issued, for turn lane, bike path and drainage uses upon the four laning of that road. 5) Gate houses shall be located and designed so as not to cause vehicles to be backed up onto any public roadway. 6) The Developer shall provide left and right turn lanes and arterial level street lighting at all accesses on Vanderbilt Drive and Tamiami Trail. 7) The Developer shall provide a fair share contribution toward the capital cost of any traffiC signals deemed warranted by the County Engineer at accesses on Vanderbilt Drive or Tamiami Trail. The signals will be owned, operated and maintained by Collier County. 8) All traffic control devices used, excluding street name and other internal traffic control signs, shall conform with the Manual on Uniform Traffic Control Devices (Chapter 316.0747, Florida Statutes). 9) These improvements are considered 'site ~elated' as defined in Ordinance 85-55 and shall not be applied as credits toward any impact fees required by that ordinance. 10) A minimum 15' landscaped buffer shall be provided between all internal streets that are adjacent and parallel to an existing or proposed external road. 11) The golf maintenance facility is shown next to Vanderbilt Drive, Just north of the proposed underpass. No median opening shall be permitted when Vanderbilt Drive is widened to 4 lanes. 12) The proposed underpass under Vanderbilt Drive, shall be constructed to accommodate future 4 <.: laning of Vanderbilt Drive and shall be so located and designed to avoid any site distance problems with existing access drives located north of this project and the proposed access to the maintenance ~ facility. 13) The main access to Audubon shall be located as shown on Exhibit "A' and appears to be located approximately across from the entrance to the Cypress Head PUD. !i~.' C) Water Manaqement ~< 1) Detailed paving, grading, site drainage and utility plans shall be submitted to Project Review ,,(?. Services for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Project Review Services. 2) An Excavation Permit will be required for the proposed lake(s) in accordance with Collier County Ordinance No. 88-26 and South Florida Water Management District (SFWMD) rules. 3) Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. 'i. 4) A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. 5) The lakes and wetland locations shall meet the "'" minimum 200 ft. separation criteria of the South Florida Water Management District rules unless the South Florida Water Management District approves any separation less than 200 feet and written confirmation to that effect is provided to Project Review Services. D) Utilities Requirements 1) Water 'distribution and sewage collection and transmission systems will be constructed throughout the project development by the developer pursuant to all current requirements of County and the State of Florida. Water and sewer facilities constructed within platted rights-of- way or within utility easements required by the County shall be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and regulations in effect at the time of conveyance. All water and sewer facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction require~9.nts in effect at the time construction plans are approved. The above tasks must be completed to the satisfaction of the Utilities Division prior to placing any utilities, County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities shall be conveyed to the County, when required by the Utilities Division, pursuant to County Ordinances and Regulations in effect at the time conveyance is requested. (a) 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. (b) All customers connecting 'to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. (c) It is anticipated that the County Utilities Division will ultimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-site sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. (d) An Agreement shall be entered into between the County and Developer, binding on the Developer, his assigns or successors, legally acceptable to the County, prior to the approval of construction documents for the proposed project, stating that: (1) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed as part of the proposed project and must be regarded as interim; they shall be constructed to State and Federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-site sewer facilities are available to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(ies) may not be expanded to provide water and/or sewer services outside the development boundary approved by the County without the written consent of the County. (2) 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. (3) Connection to the County's off-site water and/or sewer facilities will be made by the owners, their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, interconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. (4) At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities shall be conveyed to the County pursuant to appropriate County Ordinances and Regulations in effect at the time: (a) All water and/or sewer facilities constructed in publicly owned rights-of-ways b~ .within utility easements required by the County within the project limits required to make connection with the County's off-site water and/or sewer facilities; or, (b) All water and sewer facilities required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer facilities are constructed on private property and not required by the County to be located within utility easements, including but not limited to the following: (i) Main sewage lift station and force main interconnection with the County sewer facilities including all utility easement necessary; (ii) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including ali. utility easements necessary. (5) The customers served on an interim basis by the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, 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 C'44 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. i.,, (6) 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. (7) The D~veloper, his assigns or successors agree to pay all system development charges at the time that Building Permits are required, pursuant to appropriate County Ordinances and Regulations in effect at the time of permit request. This requirement shall be made known to all prospective buyers of properties for which building permits will be required prior to the start of building construction. (8) The County will lease to the Developer for operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. The Lease, if required, shall remain in effect until the County can provide water and/or sewer service through its off-site facilities or until such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. (e) Data required under County Ordinance No. 80-112 showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents, for the project. Submit a copy of the approved DER permits for the sewage collection and transmission systems and the wastewater treatment facility to be utilized, upon receipt thereof. 9-7 (f) If an interim on-site water supply, treatment and transmission facility is utilized to serve the proposed project, it must be properly sized to supply average and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. (g) Construction and ownership of the water and sewer facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the time construction approval is requested. (h) Detailed hydraulic design reports .covering the water distribution and sewage collection and transmission systems to serve the project must be submitted with the construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. (i) When the County has the ability to provide sewage treatment and disposal services, the Developer, his assigns or successors will be responsible to connect to these facilities at a point to be established by the County, with the Developer assuming all costs for the connection work to be performed. 2) The project's Developer(s), his assigns or successors shall construct and utilize an on-site secondary distribution system for the use of treated sewage effluent within the project limits, for irrigation purposes for areas including but not limited to the golf course, clubhouse, common areas, rights-of-way, and sales center. The owner would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and will provide full wet weather on-site storage facilities as required by the Department of Environmental Regulation consistent with the volume of treated waste water to be utilized. Treated effluent will be supplied to the project pursuant to the County's established rate schedule. The secondary distribution system shall be constructed pursuant to the findings of a detailed hydraulic design report. The report must be submitted with the construction documents for the project. The report shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. 9-8 !' 3) Prior to approval of construction'documents by the Utilities Division, the Developer must present verification, if required, pursuant to Chapter 367, Florida Statutes, that the Florida Public Service Commission has granted territorial rights to the Developer to provide interim sewer and/or water service to the project until the County can provide these services through its water and sewer "- facilities. '~ 4) The existing water mains adjacent to this project will have to be reinforced, consistent with the County's Water Master Plan to insure that the water system can 'hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project. Additionally, the Utilities Division will not be in a position ~ to approve Certificates of Occupancy for the project until the County's water transmission facilities to serve North Naples have been completed and placed into service and the system reinforcement and on-site water distribution facilities previously stipulated have been completed and placed into service. 5) Any package plant needs DER approval. Any establishment requiring a CCPHLLU permit must submit plans for review and approval. 6) The Developer must meet the required water flow, which is a minimum of 750 GPM with a residual pressure of 20 PSI at the remotest point of discharge, assuming acceptable pressure and supply at the main. E) Exceptions to County Subdivision Regulations 1) Article X, Section 3: Buffer areas and screening ~ shall be governed by this document as stated in Section 9.02(F)(21) and 9.02(F)(22). The xeric oak buffer contemplated by Section 9.02(F}(16) of this document may be part of the yard setback. Upland buffers may be located within yards and easements. 2) Article X, Section 19: Street name signs shall be . ~ approved by the County Engineer but need not meet :~'" U.S.D.0.T.F.H.W.A. Manual on Uniform Traffic Control Devices. Street pavement painting, striping and reflective edqing requirements shall be waived. 3) Article XI, Section 17.F & G~ Street right-of-way and cross-sections for the roads shall be as shown on Exhibit 4) Article XI, Section 17.H: The 1,000 feet maximum dead-end street length requirement shall be waived if emergency access is. provided as shown in Exhibit 'E'.* 5) Article XI, Section 17.I: Back of curb radii at street intersections shall be a minimum of 30 feet internally, minimum 40 feet externally.* 6) Article XI, Section 17.K: The requirement for 100 feet tangent sections between reverse curves of streets will be waived"on all roads. Speed limit control will be used to control traffic.* 7) Article XI, Section 21: The requirement for blank utility casings shall be subject to installation of utilities prior to construction of pavement and base. 8) Article XI, Section 10: The requirement for reference markers to be placed in water valve covers is waived, provided all monuments are installed in aCcordance with State statutes and approval by the County Engineer. 9) Article X, Section 16: The requirements for side- walks shall be waived. An 8' wide leisure path will be used on one side of the main roadway as shown in Exhibit *All streets must remain privately owned to qualify for these exceptions. Environmental Stipulations 1) Developer shall be subject to Ordinance 75-21 (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Development Services Department and the Community Development Division for their review and approval prior to any substantial work on the 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 roads, buildings, 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 Development Services Department .~, and the Community Development Division 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 removed during each phase of construction ~B'~~ from development areas, open space areas, and preserve areas. Following site development, a maintenance program shall be implemented to prevent re-invasion 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 Development Services Department and the Community Development Division. 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 Development Services Department notified. Development will be suspended for a sufficient length of time to enable the Development Services Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Development Services 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. 5) An archaeological survey of the parcel must be conducted by qualified personnel subject to the approval of the Development Services Department. Results of that survey must be submitted to the Development Services Department for review and, if warranted, additional actions taken as outlined within Stipulation 4) above. ~ · 6) All xeric scrub oak and wetland.areas designated ~ .... as 'conservation open space' ('C/O') shall be habitat preserves. Any proposed alterations ~ and/or uses within habitat preserves shall be subject to the review and approval of the Development Services Department. Habitat Preserve includes the C/O easement which is within the commercial ('C/R') tract. Ail C/O areas as designated on the Master Plans must be flagged by the Developer prior to any construction in the abutting area and habitat preserve boundaries will be subject to the review and approval of the Development Services Department. ~ 7) To increase lake productivity and habitat values, lake side slopes will be 4:1 out to a depth of three (3) feet from mean low water levels. Developer should investigate vegetating littoral shelf areas with various native plant species (upon request, the Development Services Department can provide pertinent information concerning plant species). 8) Developer shall design and implement a program to prevent and/or' reduce populations of noxious/ exotic plant populations within lakes, specifically, but not limited to, preventing growth of hydrilla (Hydrilla verticillata), water hyacinth (Eichhornia crassipes), and (to a lesser degree) cattails (Typha latifolia); this program will be subject to the review and approval of the Development Services Department. 9) A survey for the presence and distribution of protected species must be conducted by qualified personnel subject to approval by the Development Services Department. For species identified in the Florida Game and Fresh Water Fish Commission July 1987 edition of 'Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida," the survey must include: bald eagle (Haliaeetus leucoceph~lus), red cockaded woodpecker (Picoides borealis), gopher tortoise (Gopherus polyphemus), gopher frog (Rana areolata) and eastern indigo snake (Drymarchon. corais couperi). Results of the survey must be made available to the Development Services Department, and, if warranted, project designs should be adjusted and/or individuals/ populations relocated to appropriate locations to insure the survival of the protected species. Where appropriate, retention or relocation efforts will include the butterfly orchid (Encyclis tampensis). Lastly, the Developer shall satisfy all state (Florida Game and Fresh Water Fish Commission) and federal "' (United States Fish and Wildlife Service) permit · conditions concerning protected species. 10) If any redesign of Phase II, which is that portion .'~ of the property located west of Vanderbilt Drive, '~ is required in order to meet the Florida Game and Fresh Water Fish Commission's (FGFWFC) Bald Eagle ~ Management Plan, Developer shall propose such changes as may be warranted to the Master Development Plan. Boundaries for residential Development Tracts and the location of internal roads may be modified .and/or relocated. Such ~ changes may be approved by the Planning Services Director (with advice and approval from the Project Review Services Environmental staff) without further approval by the Planning ~'. Commission or Board of County Commissioners provided that: (i) the boundaries to the open space/conservation tracts are not substantially altered, (ii) the original development commitments are met which includes no less upland area than was originally preserved pursuant to the plan attached as Exhibit A to Ordinance No. 87-77, and (iii) external entrances are not modified. 11) Final alignment and configurations of water management structures (lakes, swales, etc.) shall be subject to minor field adjustments to minimize habitat destruction. Prior to construction, areas subject to alteration must be flagged by the petitioner, the alignment/configurations to be subject to the review and approval of the Development Services Department. 12) Two wildlife corridors must be provided across (east to west) the project parcel located west of Vanderbilt Beach Drive. One corridor must connect the central xeric live oak habitat with the western, fringing wetlands. The 75 feet northern drainage easement will serve as the second wildlife corridor. Except for land clearing necessary for minor canal modifications to insure proper water flow, reasonable golf course, passage for hole #12, and human safety, all existing native vegetation (trees and understory) will remain intact along the width of the easement; additional width for the buffer is preferable and strongly encouraged. Proposals for clearing of any native vegetation will be subject to the review and approval of the Development Services Department. U'44 , 247 9-13 · .. ~E~..' · ~:~::~:.~.,~., i.~ 13) The Developer and the Development Services i~,i~,:~.: Department will cooperate on the final layout of the golf course, resulting in a tree removal -' program acceptable to both parties. Prior to construction, golf holes will be field staked by the Developer and subject to the review and approval by the Development Services Department. Developer should make reasonable field adjustments of the course to minimize habitat destruction and should follow xeriscape principles to reduce environmental impacts. Particular attention is to be paid to hole #14 and ~15 by the Developer to minimize impacts on the scrub oak habitat to the extent practical and 'consistent with good golf . course design. " 14) As shown on the Master Plan, encroachment into selected freshwater wetlands will be allowed to facilitate the retention of additional acreage of xeric live oak habitat. The Development Services Department will support efforts to secure necessary permits from other state and federal agencies, i.e., permits which would allow encroachment into the wetlands. If permits cannot be procured from the necessary regulatory agencies within a reasonable time to construct the project as outlined in the Master Plan , the Developer and the Development Services Department shall cooperate to finalize all proposed development to minimize environmental impacts, especially in the xeric live oak habitats. 15) All housing development abutting the golf course where there is no intervening upland conservation tract or lake, will provide lot buffer zones to protect and maintain the quality of existing' native vegetation between golf hole boundaries and the housil~g unit. Lot buffers must be a minimum of 20 feet and larger buffers should be encouraged via deed restrictions. 16) Residents within xeric live oak habitats should take special means to preserve existing plant and animal communities (exclusive of venomous animals or toxic plants). On single family lots within the xeric live oak habitats, the architectural review committee established by the developer will require incorporation of reasonable amounts of existing native vegetation into the site landscaping plan. Deed restrictions shall promote retention of existing plant and animal communities, recommending the practice of xeriscape landscaping. I~% '". 17) Where applicable due to development, components of i~!!?~ plant communities will be transplanted within preserw~ areas and/or as landscape elements within the project. Examples of plant species appropriate for transplant would include sabal palms (Sabal palmetto), wax myrtle (Myrica cerifera) and cpmponents of the xeric live oak ~ommunities including= oaks (Quercus spp.), wax myrtle, rusty lyonia (Lyoniaferruqine~), and gallberry (!lex qlabra). 18) For the buffer and preserve areas west of the commercial tract (located adjacent and west of U.S. 41), suitable ' ~rotection of the. buffer/ preserve areas will be provided by way of a fence, curbing, landscape hedges, etc. Mode of protection will correspond with specific commercial facilities proposed for the area (i.e., .~ shopping center vs. office building, etc.); ~ ' therefore, final mode(s) of protection will be subject to the review and approval of the Natural Resources Management Department. 19) For parking lots, golf cart pathways, and perhaps certain roadways, Developer should investigate the use of paver bricks in lieu of traditional asphalt paving to reduce the amount of impervious surfaces, chemical runoff, maintenance, and possibly installation expenses. 20) For all of the stipulations above, mutual agreements must be reached between the Development Services Department and Developer If mutual agreements cannot be reached, the matter will be brought before the Environmental Advisory Committee or whatever County environmental review board is in power at the time of disputes; this governing entity will act as an arbitrator for disputes. If arbitration is futile, the matters will be brought before the Board of County Commissioners (BCC), the BCC to act as the final arbitrator. 21) Should the South Florida Water Management District (SFWMD), during its permit review process, require a natural vegetative buffer be created between the lots and any Jurisdictional wetland Preserve and/or Conservation tract, the buffer shall not be located within the boundaries of the lot(s). It shall be created as a separate platted tract or as a buffer easement over an expanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage tracts, to include the buffer within the Preserve tract. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's homeowners association or like entity for ownership and maintenance.responsibilities and if necessary, to Collier County with no responsibility for maintenance. All Preserve buffer easements or buffer tracts shall be created in conformance with the provisions of Chapter 704.06, Florida Statutes. If the SFWMD relieves the County, in a manner satisfactory to the County, of maintenance and enforcement responsibilities, the buffer may be located on lots and the followih~ .stipulation will apply in place of the foregoing stipulation. 22) If (a) the SFWMD Jurisdictional wetlands are utilized as part of the project's water management system, and (b) the SFWMD requires a natural upland buffer adjacent to wetlands, the buffer shall be included in the conservation tract or otherwise protected in accordance with applicable ordinances or regulations. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's homeowners association or other similar entity for ownership, maintenance and enforcement responsibilities with adequate safeguards to ensure that those responsibilities run with the land. If the buffer is located on lots of development tracts, adequate safeguards shall be established to provide for enforcement of clearing/alteration restrictions, with adequate safeguards to ensure that those responsibilities run with the land, that are acceptable to the SFWMD and Collier County. 23) Mitigation for the proposed impacts to 3.3+ acres of wetlands designated, CO-R2 tract shall bm xeric live oak habitat unless other suitable mitigation proposals are approved by the South Florida Water Management District (SFWMD). Said mitigation shall comply with the mitigation ratios of SFWMD and shall be contiguous to other xeric live oak habitat, preferably the xeric live oak conservation area comprising the Bald Eagle Primary Protection Zone. This stipulation shall be contingent on the petitioner obtaining the necessary State and Federal permits and the upland mitigation for wetland impacts being approved by said agencies. A conservation easement shall be placed over the mitigation area with protective covenants as per Florida Statutes, Chapter 704.06. 9-16 24) A Florida Game and Fresh Water Fish Commission (FGFWFC) approved Bald Eagle Management Plan shall be submitted to Project Review Services Environmental staff, prior to construction plan submittal or with the construction plan submittal for those lands west of vanderbilt Drive. 25) Final plat and construction plans for the portion of the Property west of Vanderbilt Drive shall not be accepted or reviewed until a letter of technical assistance is provided to the county from the Florida Game and Fresh Water Fish Commission indicating that the proposed management plan for the protection of the eagle is acceptable to it. The area designated CO-R2 on the PUD Master Plan may, at the Developer's option, be excluded from the submittal for construction plan/plat review of the remaining land west of Vanderbilt Drive. Prior to submission of such plans for the CO-R2 parcel it will be incumbent upon the Developer of this tract to provide assurance to the county that South Florida Water Management District (SFWMD) permits and acceptable mitigation to the SFWMD can be provided for in the project prior to the issuance of any permits for the CO-R2 tract. 26) Prior to construction plan approval petitioner shall provide a fifty (50) foot conservation easement along the common lot line of the R3/R1 designated lots in the southwest corner of the project master plan to act as a naturally vegetated wildlife corridor between the centrally located CO area and the west fringing wetlands. 27) No impacts to previously designated preserves, conservation areas or conservation and open space areas for the .proposed addition lake area(s) or relocation and reconfiguration of lakes shall be permitted unless required to meet the minimum retention standards of the SFWMD and the Collier County Excavation Ordinance or the lakes are permitted by the SFWMD. Surplus lakes shall occupy no greater surface area than the lakes in the northwest corner shown as A and B on the master plan. 28) All previous environmental standards of PUD Ordinance No. 87-12 shall continue to apply unless specifically amended by this amendment. 29) The petitioner will cooperate with the Development Services Department, Project Review Services to ii.~. develop an "inter development" (i.e., Little · · Hickory Shores, Bonita Shores, Lely Barefoot ~:, Beach, Audubon) plan for boat traffic management ~'~'~: promoting the preservation of estuarine resources .... .-. affected by the subdivisions and their associated boat traffic, if any future boat docking or ~. launching facilities are proposed. RC~2440NS/OT0191JW · :~ ~ 044 ~.,?. '2-52 9-18  MASTER DEVELOPMENT PLAN e,,h,b,~ ^  Naple~.Flotida L~ND USE D~T~ ljc[~ I.,f~.~,:.,..' ~al Description ]~{nl Demc=i~lon o~ a parcel of 1aha located in ~he ~o=~h 1/2 ~{eG~ion 0. To.ship 48 South. ~nge 2S Eas~. Collit= lPlo~i~a, being ~o~e ~a~i~la=ly desc~lbe~ as ~o110ws~ ~a~ potion of the No~h 1/2 of Section 9~ To,ship 40 South, llange 25 East, Collier Cowry, Florida, lying Wasterly of U.S. Highway No. 41 (State Road No. 45) as the s~e is sho~ on the l;tate of Florida D.O.T. Right-Of-~ay_Hap of Stata Roa~ No. 45, Co111er County, ~lorida, Section 03010 2519, Shea~ 3, of the {lacords of Collier County~ Florida and lying Easterly of County }~oad No. 901 (Vanderbilt Drive), Collier County, ~lorida. ' '' ' Revts,~d 117. Illi ~,eq~l Description ~: A portion of Sectlon~ 5, 7 and S. Township qa South. Range ~5 East. CoUlee . Court[y, Florida, being mo~a particularly described as follows: Commencing at the Southeast corner of Section 5. Township ~8 South, Range 25 East, Collier County, Florida: thence run Souti~ 89°59~22.3" West along the South line of said Section S,' S0.00 feet to a point on the Westerly ' right-of-way llne of County Road ~01. also known as Vanderbllt Drive, (formerly State Road S-865-A) and the POINT OF BEGINNING of lands herein describ~d: thence run North 00°0q~17""~/~est ~&ng' said W~&rl7 r]gh[-of-way llne of County Road 901, said right-of'way line being parallel to the East line ' of the aforesaid Section S, 2,088.0a feet to a point on the ~sterl7 prolongation of the South line of Unit No. ~, Bonita Shores, as recorded Plat Book 10, Page 33, of the ~b[~c Records of Collier County, Florida: thence run South 89°59~37" West along the Easterly' prolongation and aforementioned South llne of Unit No. a, aonlta 5heres, 2,003.71 feet to point of curvature o~ a curve concaved to the S~uth having a. central angle 35e57~00". a radius o~ 50.00 feet= thence run Southwesterly along sald cu~a and along said ~uth line of Unit No. a, Bonita Shores, 31.37 feet to a point of reverse curvature of a curve concaved to the North having a central angle ~f 35°57=00~, a radius of 370.00 feet: thence run Southwesterly along said cu~e and along the South line of said Uni: No. q. Bonita Shores, 232.16 feet to a point of tangency: thence run South 89059~37· West along said South llne Unit No. q, Bonita Shores, 287.57 feet: thence run North 00°05~5a· W~t along the West line of said Unit No. a. Bonita Shores. said line being pa~ilel to ~e North/South cantecllne of the aforementioned Section S, 130.00 feet to the South right, f-way line of East VaUey Drive and the ~outh Ilna of Unit ' No. 2, Bonita Shores, as recorded In Plat B~k 3, ~g~ aa, said Records et Co,Ilar C~nty, Florida: thence run South 89059~37· West said South right-of-way line and said South ~ne of Unit No. 2, Boni~ . Shores, said line being the Easterl7 prolongation of Deed B~k ~I, Page .. sald ~bllc Records of Collier ~unCy. Rorlda= 80.00 feet to a point on .~a Westerly right,f-wa7 line of West Avenue and the W~t line of 'the aforesaid Deed Book al, ~ge 3a~: ~enca ~n Nor~ 00e05~Sa= Wast along said Westerly right-of-way line and West .line of said Deed 8~k al, ~ge 3a~, said West. right-of-way 'line being parallel to ~e North/Sou~ centarllna o~ said Section .~ aSO. 00 feet ~ a point on the ~st/West centerllne' of ~a aforementioned · SecUon' 5, 'said point being 30.00 feet West of ~e monumented center of said Section 5~ ~enci run Nor~ 00e06~1" West along ~a aforesaid Westerly right-of-way line of West Avenue and along the West line of. Deed Book ~1. Page 3~6, as recorded in said PubUc R~ords of Coil~er Count, Reticle. sa~d' Ilne being parallel to ~e North/South centerllne of said Section 5. alO.00 fa~t - to the Southeast corner of ~t 33. Unit No.' 2.-'Utile Hicko~7 Shores. · recorded In Plat B~k 3, ~ga 7~, said ~bllc Records o~ Collier County, F/or. Ida; thence run E~outh 89058'~3" W-,st along sald ~uth line of sald ~t 33, 30.00 feet to the ~st ilne or a canal, said Unit No. ~, Uttle Hlcko~ thence run South Oeo06~1· East along the East Ilne or sald canal, said llne being parallel to the North/South centerllne or said Section S, ~0.00 feet to the Southeast corneP ~f said canal and the South Ilne or the aforementioned Unit No. 2, ~ttle Hlckory Shores: thence run ~uth 89~S8"~3· West along South line of said canal and the South llne of the aforesaid Unit No. 2, Mtt]e Hickory Shores. 1,356.71 reel to a point of Intersegtlon with the bulkhead line as described In Official Record Book ~S, ~ges 158 and lag, said Public Records of Colller Count, ~orlda= thence run South 10°25~q3" West along said bulkhead llne 73B.~6 'feet= thence run South 15~53~17~ East along said bulkhead line loc 2,112.5~ feet to a poln~ Horth 15~S3~17a West distance 207.90 feet from a point 920.00 feet West alon~ the Sou[h line 6f said Section 5 fr~ ~e quarter section corner on said llne= thence run South 89°58~3" ~est along said bulkhead line and parallel with and 200.00 feet North of said South line fo~ 363.BS feet: thence run North 15°53'17" West along said bulkhead llne for 1,050.00 feet to a point of cu~ature: thence run Not,westerly, Westerly and Southwesterly and Southeasterly along said bulkhead ilne and along the arc of a curve o~ radlus 200.00 feet (chord bearing South 7q°0~3·West} for ~28.32 reel to a point of tangent= thence run South 15°53~17" East along said bulkhead line 230 fee[ more or less to a point on ~e North shore of an Island in Little Hickory Bay; thence run Southwesterly and Southerly along the W~st shore of said island to a point on the South line or said $~tion S Record Book 927, Pages 188-190~, 2,2~9.00 feet from ~e quarter .~neP on said ~uth line: thence run ~uthea~tePly, ~stePIy and Northeasterly along ~e shore or said Island In ~ctlons S and ~, Township South, .Range 25 ~st, Colller County, Florida, to the Sou[h line o~ sald Section S at a ~lnt 1,Tsp,0o feet West of ~e ~u~east corneP of the Southwest quarter of sald Section 5= thence run Horth 89~58'~3· East along said South line of ~ald S~tlon 5, 31.71 feet= ~enca run South 31~35~13· West, 305.29 feet (OfRclal Record B~k 791, ~ge 10~}=.thence run North a~06~57" West, 2~1,5S feet; ~ence run North 15~S6"57~ West to a ~[nt on the Nor~ Ilne' or Section ~, Township ~1 South, ~nge 25 ~st, 2~0.~2 ~ence ~n Sou~ a9~58~3· West ~long said North llne of said Section 121.17 feet to a .point of Intersection of said Nor~ line of aforesaid Section w[~ that certain agreed bounda~ line as recorded In Official Record B~k at Pages ~3S to 250 Inclusive of the ~bllc E~ords o~ ~lller County, Florida; ~enca ~n South 00001~52.8· ~st arong said agreed boundary line 1~1.~1 'f~et= thence run Sou~ 5~30'18.5· West alo~ the agreed bounda~ llne, 1,0~0.~ feat= ~ence run South 11e59"23.6" ~st along said agreed ~unda~ line, I,~20.~ feet= thence run ~outh SSOSS~RO.9= East along .sald agreed ~unda~ line, 1,09~.50 feet to a point 50.00 f~t Horth (measured at rlght angles} of the South line of the Not,west quarter of said Section 1, said ~int being the most Westerly corner of Bay Forest as r~orded In Plat Book 1~, ~ges 27 through 29, of the ~bJlc E~ords of CollleP Count, Florida= ~ence run North 8~13~20= East along said ~unda~ o~ Bay Forest, said being parallel to and 50.00 feet .Nor~ of the ~uth line of. aforesaid Hot,west _Lec~a I Oescrlp,tlon- quarter of said Section I, 1,SSa.aS feet to a point off the East line o; the Northwest quarter of said Section 8 and on the West boundary of sald Bay Forest, said point being $0.00 feet North o1' the Southeast cornet' o1' the Northwest quarter of said Section 8 (center section)= thence run North 00e22027" West along the aforementioned East line of the Northwest quarter and along the West boundary of sald Bay Forest, 1,322.29 feet to the Northwest corner of the South half at' the Northeast quarter of sald Section · 8, said Northwest corner belng the most Northwesterly. corner of said Bay Forest= thence run North 89°36~31" East along the North boundary ilne of sald Bay Forest and along the North llne of the South half of the Northeast quarter of sald.Sectlon 8, 2,,596.15' feet to a Point on the previously mentioned Westerly rlght-of-way line alr County' Road 901 (Vanderbllt Drive, formerly State Road S-II6S-A)= thence run North 00o4¥27· West, along said Westerly right-of-way line ot' aforesaid County Road 901, I~354.$9 feet to the. POINT OF BEGINNING. ° Containing q86 acres, more or less. AND ' A' portion of the North half of Section 9, Tow~shlp .48 South, Range 25 East, Collier County, Florlda, being more particularly described as follows.' That port]on of the North half of Section ~t, Township 48 South, Range 2S East, Collier County, Florida, lying Westerly of U.S. Highway No. 41 (State Road No. 45) as the same Is shown on the State of Florida D.O.T. Right-of-way Map of State Road No. 4S, Collier County', Florida, Section 03010-2515, Sheet 3, o1' the Public Records of Collier County, Florida., AND lying Easterly of County Road No. g01 (Vanderbllt Drive), Cailler County, Florida. Contalnlng 273.6 acres, more or less. ~JI of the foreg,o]ng subject to any dedications, llmltaflons, reservaUons~ ra~trlcUons, or ea~,ement~ of record. ~,~ ":,',, ' 044 i:~,, ? , . . · . ·, ~; .;;' :__ . _ ...... . .... :~.": · :!! ,~ ... Sou~h, Range 25 ~as~, Collier County, Tlorida, ~eing mo~a pa~icularly described as follows~ Co~encing at the center o~ said Section S~ thence Sou~ 89 de~rees 32'00" Wost 30.00 feet to an in~arsection with ~e westerly right- cf-way line of West Avenue, aais intersection ~eing ~e Point of Beginnin~ of the parcel of land herein being described~ thence North 0 de~raes .33'00". ~est along sai~ westerly right- of-way line a distance of 410.00 feet to the sou~east property corner of ~t 33, Block E, Little Hicko~/ Shores Unit No..2, as recoraed in ~lat ~ook 3, page 79, Collier Co~ty, Florida ~ thence leaving said right-of-way line South S9 degrees 32'00" Wes~ along the southerly line of said ~t 33 a distance of 30.00 feet to an intersection with the easterly line-cf the canal as sho~ on said plat~ thence South 0 degrees 33'00" East along said canal 40.00 feet~ thence ,Sou~ S9 degrees 32'00" West aslo~g said canal 926.63 feet~ ~ence leaving said canal Sou~ 10 degrees 33'27" West 213.9S. feet~ ~eHce No~h S9 degrees 32'00" ~ast 8S?.43 feet~ thence South 0 degrees 33' 00" ~ast 160.00 feet~ . thence No~ 89 degrees 32'00" ~ast 140.42 'fset to the SPoint of Begi~ing of the parcel her~ described~ containing S.25 acres of land more or less~ · s~ect to easements and restrictions of record. O. o{ 4) CROSS SECTION SPINE ROAD i ADJACENT TO LAKE -. .,otc)ss S£CTiO~ LOCAl. ROAD W/U~:R~E PATH. CROSS SECTION SPINE ROAD LOCAL ROAD STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier'C~unty, Florida, do .,lC.' hereby certify that the foregoing is a true copy of: Ordinance No. 91-53 which was adopted by the Board of County Commissioners on the 2§th day of June, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 2nd · day of July, 1991. '~,~. JAMES C. GILES ': Clerk of Courts and Clerk,."f'"~ Ex-off/cio to Board of ?'." " ty Coun Commissioners By: /s/Maureen Een:;or ' ' "' Deputy Clerk