Ordinance 90-048 ORDINANCE 90- 48
AN ORDINANCE AMENDING ORDINANCE NUMBER
82-2 THE COMPREHENSIVE ZONING REGULATIONS
FOR THE UNINCORPORATED AREA OF COLLIER ~
COUNTY, FLORIDA BY AMENDING OFFICIAL
ZONING ATLAS MAPS NUMBERED 49-25-7 AND
49-25-6; BY CHANGING THE ZONING
CLASSIFICATION OF THE I{EREIN DESCRIBED
REAL PROPERTY FROM A-2 TO "PUD" PLANNED
UNIT DEVELOPMENT KNOWN AS "GREY OAKS"
LOCATED AT THE NORTHWEST, NORTHEAST AND
SOUTHEAST QUADRANTS OF AIRPORT ROAD
(CR-31) AND GOLDEN GATE PARKWAY (CR-886)
INTERSECTION FOR 830 SINGLE FAMILY
RESIDENCES, 1570 MULTI-FAMILY UNITS,
COMMERCIAL-RETAIL, ~OTEL AND GOLF COURSE
WITH CLUB FACILITIES, LOCATED IN SECTIONS
24, 25, TOWNSHIP 49 SOUTH, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA, AND SECTION 26,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, CITY OF
NAPLES, FLORIDA,CONSISTING OF 1601.39
ACRES; AND BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Mark Morton of the Barron Collier Co.,
representing The Halstatt Partnership, petitioned the Board
of Count~ Commissioners to change the zoning classification
of the herein described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
The Zoning Classification of the herein described real
property located in Sections 24, 25. Township 49 South, Range
25 East , Collier County, Florida, and Section 26, TownshiD
49 South, Range 25 East, City of Naples, Florida, is changed
from A-2 to "PUD" Planned Unit Development in accordance with
the PUD document, attached hereto as Exhibit "A" which is
incorporated herein and by reference made part hereof. The
Official Zoning Atlas Maps Numbered 49-25-7 and 49-25-6, as
described in Ordinance Number 82-2, are hereby amended
accordingly.
SECTION TWO:
This Ordinance shall become effecti~e upon receipt of
!00~
',. notice from the Secrutary of State that this Ordinance has
been filed with the Secretary of State.
DATE= June 6, 1990 BOAR9 OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~')L~'TEST: J//' > BY:
~'~PROVED.. AS'.%O.., FO~ ~D LEGAL SUFFICI~CY
~': ~IE M. STUDENT ~[s ~. fll~ with ~
ASSIST~ CO~TY A~O~EY ~ta~ o~tQte's Offke3~
;~ R-89-6 PUD O~IN~CE _ ~~,j ~f ~
PLANNED UNIT DEVELOPMENT DOCUMENT
GREY OAKS
P~EP~RED
AL~ D. REYNOLDS, AICP
WILSON, ~ILLER, B~RTON, SOLL ~ PEEK, INC.
ENGINEERS, PLANERS ~ L~D SURVEYORS
1BBB Airport Road No~th
N~ples, Florida B~942
GEORGE VARNADOE, ESQUIRE
YOUNG, VAN ASSENDERP, VARNADOE, & BENTON
801 Laurel Oak Drive
Naples, Florida 3396~
D~E FILED ~11 2B, ~B~
DATE REVISED June 6, 1990
DATE APPROVED BY BCC June 6, 1990
ORDINANCE NUMBER' 90-48
EXHIBIT "A"
INDEX
PAGE
LiSt Of Maps, Exhibits, and Tables
Statement of Compliance and Short
Title iii
:SECTION I Property Ownership and Legal
:. Description 1-1
SECTION II Project Development 2-1
SECTION III Residential 3-1
.SECTION IV Golf Course/Recreation/Park/
Right-of-Way 4-1
SECTION V Conservation/Open Space 5-1
SECTION VI Commercial 6-1
SECTION VII General Development Commitments 7-1
A Location l~ap
:.~:,. "~ H PUD l~aster Plan
TABLES
TABLE ! Land Use Summary
TABLE II Project Absorption Schedule Estimate
TABLE III Development Standards
LEGEND LAND USE SUMMARY ,~
i
---.- - ·, -- - --=-- '~ ~'""'~ ~ ' ~ ' ~w~='""ll - '-'-- --"-" - ,- - '- I~
S A E E.T or CO LZA.CZ
i?t' , It leIthe intent of the Halstatt ~artnership, A
Florida
General
a~ O~ey Oake ~lanned Unit Development0 on 1~$01.~9 ac~ee o! ~and
located in ~ection 24~ and 25, ~ownship 49 ~outh0 ~an9e 25 ~ast~
Collie~ County~ Florida, and ~ection 26, ~ownship 4~ South° ~ange
25 East, City of ~aples, Elorida.
~he residential, recreational and commercial facilities of ~E
I~L$~? D~]~P~D a~e consistent with the g~o~th policies~ land
development re~ulations, a~d applicable comprehensive planning
obJective~ of the City of ~aples and Collier County ~o~ the
fo~lowin9 reasons=
~he subject prope~ty.ie located within the City and
County ~rban service areas and there a~e adequate
available community facilities and services to suppo~
the proposed residential density and commercial
' 2) ~he City of ~aples made a determination that the par~ of
Grey Oaks in ~he City is co~sisten~ ~ith the goals,
objectives and'policies o~ the Comprehensive Plan and
land development re~ulations adopted by the C~ty.
~) ~ith regard to that part of Grey Oaks within the Count~=
a) ~he project development is compa~ible and
complementary to the su~rounding land uses and ~u~ure
uses allowed b~ the Future ~and ~se Element.
b) ~mprovements are planned to be in substantial
compliance with applicable land developmen~
re~ulations as set forth in Objective ~ of the ~u~u£e
,~ ~and Use Element.
c) The project development will.result in an efficient
and economical extenaio~t of community iaciltties and
services as required by Policies 3.1.H. and ~.1.~. of
the Future Land Use Element.
d) The project development is planned to incorporate
natural systems for water management in accordance
with their natural functions and capabilities as
required by Objective 1.5 of the Drainage Sub-Element
of the Public Facilities Element.
iii
, e) The projected density of less than two (2) dwelling
~. units per acre is less than that allowed under the
:~,< , Future Land Use Element since the project includes
three (11 quadrants of an Activity Center and a
;" density band.
f) The subject project occupies the northwest, southeast
and northeast quadrants of the Activity Center
located at the intersection of Airport and Golden
Gate Parkway. This strategic location allows the
site superior access for the placement of commercial
activities.
g) The project includes extensive open spaces in the
for~ of golf courses and incorporates natural
features to provide a high quality of life ~or its
residents.
~; ~.'.~ S~ORT TIT~E
~' .... This ordinance shall be known and cited as the ~GREY OA~S Planned
~-.,,,~ Unit Development Ordinance".
'...~,/-":',.. SgCTION I
-~." PROPERTY OWNERSBIP & LEG~B DESCRIPTIO~
S~.:~ 1.01 PROPERTY OWNERSHIP
· The subject property is currently owned by the Halstatt
Partnership which is composed
Lloyd G. Hendry, Harold S. Lynton and Edith Collier Sproul,
(a/k/a Juliet C. Sproul), as Trustees of the Edith Collier
Sproul Trust under agreement dated December 29, 1969, and
as confirmed by Agreement of Termination of Trusteeship
dated June 1, 1982,
.arold S. Lynton, hamar Gable and Juliet ¢. Sproul, as
Trustees for Juliet C. Sproul under the will
Collier, Jr., deceased, and as confirmed by Change
Trustees dated June 7, 1982, and filed June 15, 1982,
~ Probate No. 76-33, of the Probate Records of
~.~ County, Florida.
1.02 LEGAL DESCRIPTION
L.
All that part of Section 24, Township 49 South, Range
East, Collier County, Florida, lying easterly of that 100
foot canal right-of-way as described in O.R. Book 154, page
6, Public Records of Collier County, Florida~
ALSO
All that part of Section 25, Township 49 South, Range 25
East, Collier County, Florida, lying easterly of that 100
foot canal right-of-way as described in O.R. Book 154, page
6, O.R. Book 873, page 1879 and O.R. Book 873, page 1882,
all of the Public ReCords of Collier County, Florida~
LESS Golden Gate Parkway (C-886) aa described in O.R. Book
465, page 275, and O.R. Box 465, page 278, Public Records
of Collier County, rloridal
ALSO hESS those lands as described in O.R. BoOk 194, page
603 and O.R. Book 640, page 229, Public Records of Collier
County, Florida,
ALSO
All that part of Section 26, Township 49 South, Range 25
East, Collier County, Florida, lying westerly of
Airport-Pulling Road (C-31) and northerly of Golden Gate
Parkway (C-886) located within the City of Naples~
LESS that portion thereof as described in O.R. Book 5~9,
page 370, Public Records of Collier County, Florida~
above property subject to easements and restrictions of
record; containing 1,601.39 net acres more or less.
1-1
~. SECTION II
~"! PROJECT DEVELOPMENT
...~ . 2.01 PURPOSE
~'~';' The purpose o! this Section is to generally describe the
;:~: plan of the development and delineate the general
~... conditions that will apply to the project.
· ! 2.02 INTRODUCTION
Grey Oaks is a 1,601.39 acre mixed use residential
development and golf course community with a 'town center',
and other retail and office development located in Collier
County. The property is generally 10caked in the
northwest, northeast and southeast quadrants of the
intersection of Airport Road and Golden Gate Parkway. The
property is bounded on the east by Livingston Road~ on the
south by the Golden Gate Canal~ on the west by the Gordon
River Watershed~ and on the north by the Coach House Lane
Residential Properties in the west quadrant, and the World
Tennis Center in the northeast quadrant. The northwest
quadrant of the property is in the incorporated City of
Naples and constitutes approximately 354 of the 1,601
acres. The remainder of the property is located in the
unincorporated area of Collier County.
The project is of a size to be a Development of Regional
Impact (DRI) and an Application for Developmeht Approval
(ADA) has been filed pursuant to Chapter 380.06, Florida
Statutes (1988). Because the City and County recognize
that the project has been planned and will be developed as
a unified integrated community, the City and County have
agreed that a single local government (Collier County)
should have the responsibility for reviewing the planned
development and issuing a Development Order pursuant to
Section 380.06, Florida Statutes and for adopting the
zoning (PUD Ordinance) for the entire project, including
that portion that lies within the City of Naples. In
furtherance of the goal of having one entity review the
proposed project and adopt a zoning ordinance (PUD) and
Development Order for the project, the Developer and the
City of Naples have entered into a DEVELOPMENT AGREEMENT
and the City of Naples and Collier County have entered into
an 'INTERLOCAL GOVERNMENT AGREEMENT' with regard to the
project.
The DEVELOPMENT AGREEMENT sets forth the maximum
Intensities of land uses for the property within the City
2-1
<~: and provides that the City agrees to accept and adopt (if
appropriate) any Development Order and PUD zoning issued by
the County that does not exceed the 'intensities of land
uses set forth in said DEVELOPMENT AGREEMENT. This
DEVELOPMENT AGREEMENT allows the County to review the
I proposed project as a single integrated planned community
and approve a single set of development standards for the
entire project by adopting a single PUD Ordinance and
Development Order for the project.
The INTERLOCAL GOVERNMENT AGREEMENT between the City of
Naples and the County of Collier incorporates said
DEVELOPMENT AGREEMENT and further provides that the city
and County agree that the County shall conduct the rezoning
and DRI review for the entire 1,601 acre project, including
that portion of the project within the Jurisdiction of the
City of Naples.
>.
i A copy of .the INTERLOCAL GOVERNMENT AGREEMENT and the
DEVELOPMENT AGREEMENT are made a part of this PUD by
reference thereto.
The County, City and the Developer have all agreed that the
354' acres within the jurisdiction of the City is an
integral part of the overall Halstatt DR! Community and it
is therefore, essential to the viability of the planned
community that the PUD and DR! plan approved by Collier
County be in effect and remain in effect for the entirety
· of the project and not Just the portion of the project
lying within.the jurisdiction of the County of ~ollier.
i:~.' 2.03 LAND USES
Table Z is a schedule of the intended land use types, with
total dwelling units, acreage, and total square feet of
commercial indicated. The arrangement of these land use
types is shown on Map N, Planned Unit Development Master
Plan. Changes and variations in design and acreages shall
be permitted during each subdivision phase at final design
to accommodate topography, vegetation, and other site
conditions.
The final size of the recreation and open space lands will
depend on the actual requirements for conservation areas,
~ater management, golf course layout, roadway pattern, and
dwelling unit size'and configuration.
At the time of Subdivision review and approval for each
subdivision phase, the location, size and configuration of
land use tracts shall be identified, along with the
assignment of permitted.residential or commercial land use
types. The assignment of maximum allowed residential
density and/or commercial gross leasable floor area shall
also occur at the time of subdivision review and approval.
If the maximum allowed residential density or commercial
gross leasable area is not fully used within that
subdivision phase of the project, the unused remainder may
be assigned to another phase(s) of the project. Final
determination of the total multi-family residential or
commercial use shall be determined at time of Site
Development Plan approval.
For each succeeding subdivision and/or Site Development
Plan, a table shall be included which summarizes the total
dwelling units and commercial floor area that has been
previously assigned and the total assigned for the pending
approval, in order to facilitate the County's monitoring of
the project.
2.04 PROSECT DENSITY
The total acreage of Grey Oaks Planned Unit Development is
approximately 1,601.39 acres. The maximum number o£
dwelling units to be built on the total acreage is 2,700.
The number of dwelling units per gross acre is
approximately 1.7. The density on individual parcels of
land throughout the project will vary according, to the type
of housing placed on each parcel of land but shall comply
with guidelines established in this document.
2.05 PERMITTED VARIATIONS OF DWELLING UNITS
All properties designated for residential uses may be
developed at the maximum number of dwelling units
allocated, provided that the total number of dwelling units
shall not exceed 2700. Table ! identifies the maximum
units by project quadrant.
2.06 DEVELOPMENT SEQUENCE AND SCHEDULE
The developer will commence the project within the north-
east quadrant. Within each quadrant, the amount and
location of each subsequent development area will be
dictated by logical and economical development constraints
and by market demand. Table II indicates, by project year,
the estimated absorption of units, and commercial square
footage. The absorption schedule is an estimate and not
guaranteed. Actual absorption rates are governed by market
demand.
2-3
89
!~" 2 07 EASEMENTS FOR UTILITIES
~f' Ail 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 of development.
2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDIVISION APPROVA~
The review and approval of subdivision master plans and
construction plans shall follow the design and development
standards of the Collier County Ordinances regulating
subdivisions in effect at the time of development~ and
shall be reviewed and approved in accordance with the
procedures set forth by the City of Naples for that portion
of the project within the City, and the standards and
procedures set forth by Collier County for that portion of
' the project under County Jurisdiction. The intent and
effect of this Section is to have a single set of
substantive standards apply to subdivision master plans to
the location of the particular property in question, but to
allo~ each local government to apply its procedural process
for approval of said plans. The developer reserves the
right to request exceptions and modifications to the
standards set forth in applicable regulations. Where this
document makes reference to a specific type of subdivision
approval (e.g. Subdivision Master Plan ~pproval or
platting) this reference shall be construed to mean the
applicable Collier County procedure or approval in effect
at the time of development.
2.09 LAKE SITING
i~ AS depicted on the PUD Master Plan, lakes and natural
· retention areas have been sited adjacent to existing and
planned roadways, property lines, and throughout the golf
course. The goal is to achieve an overall aesthetic
character for the project, to permit optimum use of the
land, provide buffering to uses within and surrounding the
project, protect native vegetation, and to increase the
efficiency of the water management network. Accordingly,
the requirements described in Ordinance 88-26, Section dA,
· 8B and 8C, may be reduced subject to the approval of the
County Engineer 'at the time of Subdivision and/or
Excavation permit approval. Fill material from lakes is
planned to be utilized within the project, however excess
fill material, not to exceed 10t or maximum 20,000 cubic
yards may be utilized off-site, subject to the provisions
of the collier County excavation ordinance in effect at the
2-4
~'~:,., ,.. time o£ developmant l~emoval o! £Lll materLaZ in excess o~
~.' ' ' 10t o~ total or 20,000 cubic yards must mee~ the
requirements of a commercial excavation pe~ Ordinance
88-26. Final lake area determination shall be in
accordance with the South Florida Water ~anagement District
stormwater criteria and Ordtdance 88-26.
2.10 DEDICATION AND I~AINTENANCE OF FACILITIES
Roads and other infrastructure may be either public or
private, depending on location, capacity, and design.
Developer shall create appropriate homeowner and/or
condominium associations or identify other entities which
will be responsible for maintaining the roads, streets,
drainage, water and sewe~ improvements where such systems
are not dedicated to the County or City. Standards for
roads shall be in compliance with the applicable provisions
of Collier County Ordinances regulating subdivisions,
unless otherwise approved as an exception during
Subdivision Approval.
2.11 SITE DEVELOPMENT PLAN APPROVAL
The provisions of Section 10.5 of the Zoning Ordinance
shall apply to the development of platted tracts or parcels
of land as provided in said Section 10.5 prior to the
issuance of a building permit or other development order.
Approval of commercial tracts in the City. Gl Naples
Jurisdiction shall follow the General Development end Site
Plan (GDSP) process. '
2.12 MODEL HOMES AND MODEL UNITS
Model Homes and units shall be permitted within this
pro~ect subject to tho following provisionsl
a. Models may be constructed prior to approval of a plat.
b. Models may be permitted as "dry models" and must obtain
a conditional certificate of occupancy fo~ model
purposes only. Models ma? not be permanently occupied
until a permanent certificate of occupancy is issued.
c. Models may not be utilized as "sales.offices" without
approval by and through the Site Development Plan
process. The SDP process shall not be ~equired for
dry models pursuant to this Section.
d. Prior to recorded plats, metes and bounds legal
descriptions shall be provided to and accepted by
2-5
Collier County as suf£icient for building permit
issuance. Said metes and bounds legal descriptions
must meet proposed plat configurations and all models
constructed pursuant hereto shall conform to applicable
minimum square footages, setbacks, and the like as set
forth herein.
e. Temporary access and utility easements may be provided
in lieu of dedicated right-of-ways for temporary
service to model homes or units.
f. Sales, marketing, and administrative functions are
permitted to occur in designated model homes or units
within the project only as provided herein.
2.13 CONSTRUCTION DEVELOPMENT STANDARDS
The standards for the' construction of all pro~ect
infrastructure, such as, but not limited to roads,
utilities, wastewater treatment, water management
facilities, and other site improvements such as but not
limited to clearing, grading, excavation, landscaping and
all similar types of site improvements, except for
habitable buildings and structures, shall meet the minimum
standards set forth by Collier County in the applicable
ordinance or regulation in effect at time of development.
City of Naples construction standards shall be used for
water and sewer systems under City ~urisdiction'.
The procedures for the review and approval of pro~ect
infrastructure and site improvements shall be that process
in effect at the time of review and approval in accordance
with the City of Naples regulations for that part o£ the
project within City jurisdiction, and Collier County
regulations for that part of the pro~ect within County
Jurisdiction.
The standards and development permit procedures fo~ all
habitable structures shall be in accordance with the
appropriate City or county jurisdtction's requirements in
effect at the time of building permit application.
2.14 SALES CENTERS ·
a. "Sales Centers" may be constructed prior to recording
of a plat. "sales 'centers" may be serviced by a
temporary utility system (i.e. dry well and septic
tank/drainfield) prior to availability of central
2-6
utility systems at which time connection to the central
system will be made. Interim fire protection
facilities, in accordance with NFPA requirements or as
approved by the appropriate fire district are required
unless a permanent water system is avail_~b_le to serve
the Center.
bo Review and approval of "Sales Centers" shall follow the
requirements of the Site Development Plan p~ocess
(Zonin9 O~dinance Sectio.n 10.5) or ~hatever approval
procedure is in eifect at that time. A metes and
bounds legal description shall be p~ovided as part of
the application. Access to the 'Sales Cente~' shall be
provided by a paved road or temporary drive~ay which
meets applicable County standards aa dete~mined by the
County Engineer. A wate~ management plan must be
provided which acco~odates the runo[i from the 'Sales
Center', the required parkin9 and access road/ drive~ay
and any other impervious surfaces. The system shall be
designed to fit in with the master wate~ management
system for the entire development.
c. ;at tile time of buildinq permit application for a 'Sales
Center' a temporary use permit shall be obtained.
'Sales Centers' may not be occupied until a Certiticate
oi Occupancy is issued. ~odela must obtain a
conditional Ce~tificate oi Occupancy ior model purposes
only. ~odels may not be occupied until a permanent
Certi[icate of Occupa~cy is issued.
2.15 IHPACT FEES
Development w~thin the project shall be subject to al~
lawful1 adopted impact fees in effect at the time of
development.
THE GREY OAE$ PUD
TABLE I
LAND USE SUMI~ARY
Nor, theas.t.and,8~utheast quadrants (Collier County)
Residential (1936 units) 399.8 +
Commercial/Office (956,091 S.F.G.L.A.) 90.4 +
Golf Course/Recreation/Park/Right-of-Way 577.1 ~
Conservation/Lake/Water Management 180.1 ~
Sub-Total 1,247.4 ~
Northwest Quadrant (City of Naples)
Residential (764 units) 122.0 ±
Commercia~/OEfice (347,000 S.F.G.L.A.) 30.0 +
Golf Course/Recreation/Park/Right-of-Way 115.4 +
Conservation/Lake/Water Management 86.6 ~
Sub-Total 354.0
Notes All acreages are digitized approximate acreages and are
subject to change and variation.
TIlE GREY OAKS PUD
TABLE ! !
PROJECT ABSORPTION SCHEDULE ESTIltATE
PROJECT YEAR 1-6
Land Use No. Hotel Square
Desi~nation Units Rooms Feet (GLA)
Residential 1100
~.,~: Commercial
~'~'~":' ~. and O££ice 405,700
Golf Course * (1)
*(1) Golf Course - 18 holes with phased club facilities
CUMULATIVE
Land Use No. Hotel Square
Designation Units Rooms Feet (GLA)
Residential 2400
Commercial
and Office 985,355
Hotel 250
'Ool! Course *(2)
*(2) Golf Course - 54 holes with club facilities
(Second ~olf course may be constructed prior to pro~ect
year 7, and may be built in 9-hole increments, club
facilities may be built in phases to coincide with the ~olf
course construction.)
'. TABLE II (Conk'd)
~ PROJECT ABSORPTION SCHEDULE ESTIHATE
..~i PROJECT YEAR 14-20 ~
· CUMULATIVE
Land Use No. ltotel Square
Designation Units Rooms Feet (GLA) Land Use
.... Residential 2700
J~.,'.. Commercial
";:~'. and Office 1,303,091
~...,~i~.:.:~otel 250
~':~ Golf Course * (3)
*(3) Golf Course - 54 holes with lull club facilities
(3rd golf course may be constructed after year 14, and
~a~ Be Built tn ~-hole increments, club
Project years shall be adjusted to correspond with the
co~encement o[ development.
The above development program outlines multi-use categories which
will be assigned to the various development pods shown on Nap H.
· hese l~nd use ca~e~or~es w~ll ~llow ~or ~ true mixed use
d~v~lop~en~ to occur and allow
· v~r ch~n~n~ ~arke~ over the n~xt 20
buildout ~t ~ear 2010.
The absorption schedule assumes ~hac butldout of the residential,
town center and the majority of the office and co~erclal may
occur in the first 12 years.
SECTION
RESIDENTIAL LAND USE
3.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Map H, Planned Unit Development
Master Plan, as 'R' or Residential·
3.02 I~XIMUH DWELLING UNITS
A maximum number of 2700 dwelling units may be constructed
on lands designated as 'R' or Residential
3.03 GENERAL DESCRIPTION
Areas designated as 'R' or Residential on the Mas~er ~and
Use Plan are designed, to accommodate a full tang. of
residential dwelling types.
Approximate configurations of land use tracts have been
indicated on the P.U.D. Master Plan, in order to indicate
relative size and distribution of the residential uses.
These acreages.are based on conceptual designs and must be
considered to be approximate. Actual acreages of all
development tracts will be provided at the time of
platting. Residential tracts are designed to accommodate
internal roadways.
3.04 PERMITTED PRINCIPAL USES AND STRUCTURES
1) Detached and attached single family homes, cjuster
homes, zero lot line homes, patio homes, townhouses,
multi-family dwellings, neighborhood recreational
facilities, churches and other places of worship.
2) water management facilities~ essential services (in
accordance with Section 8.10a of the Zoning Ordinance).
Lakes, including lakes with seawall and other types of
architectural bank treatmer;t.
3) Open space recreational activities, community parks,
and stmilar uses, including but not limited to
shuffleboard courts, tennis courts, swimming pools,
boat docks and ramp, canoe }aunches, fishing piers,
boat storage, beach ~azebos, concession stands, health
trails, bike paths and nature trails, observation
platforms, boardwalks, playground, picnic areas and
other types of facilities intended for outdoor
recreation.
3-1
4) Any other use which is comparable in nature with the
foregoing uses and which the Collier County Planning
Services Manager or the City Community Development
Director determines to be compatible in the district.
].05 PERMITTED ACCESSORY USES AND STRUCTURES
l) Accessory uses and structures customarily associated
with uses permitted in this district.
2)Essential services and facilities.
3) Recreational facilities accessory to a residential
s~ructure.
4) Any other accessory uses or structures which are
comparable in nature with the foregoing uses and which
the Collier County Planning Services Manager or the
City Community Development Director determines to be
compatible in the district.
].06 DEVELOPMENT STANDARDS
Table II! sets forth the development standards for land
uses ~lthin the 'R' Residential District.
Site development standards for category 1, 2, and ], uses
apply to individual lot boundaries; standards for category
4 uses apply to platted development parcel boundaries.
Front yard setbacks shall be measured as follows:
1) If the parcel is served by a City or Coun'ty dedicated
public right-of-way, setback is measured from the
existing right-of-way line.
2) If the parcel.is served by a private drive, setback is
measured from back of curb or edge of pavement,
whichever is closer to the structure.
3) Single family detached (Category 1 only) front setbacks
shall be measured from the public or private road
right-of-way line.
Standards for parking, landscaping, signs, guard houses,
entrance gates and other land uses not specified:herein are
to be in accordance with Collier County Zoning and Signage
regulations in effect at the time permits are requested
unless otherwise specified herein. Unless otherwise
indicated, setback, heights, and floor area|standards apply
to principal structures.
3-2
Development standards for residential uses not specifically
set forth in Table Ill shall be established during
Subdivision Master Plan or Site Development Plan Approval
as set forth under Sections 2.03 and 2.11 of this document.
Setbacks and buffer requirements from and along the north
property line within the northwest quadrant adjacent to
lots on Coach House Lane shall be as follows:
(a) One story single family structure:
Principal - 25'
-' .. Accessory - 15'
~' (b) One story multi-family or two story structure:
Principal - 50'*
Accessory - 50'
~"....,~. (c) Two story structure greater than 30' in heights
Principal - 75'*
Accessory - 75'
,.{- (d) Three story structures
~?<~. Principal - 175'
,.~ Accessory - 175' '
.:;: (e) Four story structures
Principal - 400'
Accessory - 400'
(f) Vehicular use areas, including garages and carports -
50' (measured to the structure or edge of pavement).
(g) A 15' wide, as measured perpendicular to said north
border, and 25 foot high landscaped buffer shall be
provided and maintained which is 80% opaque as
measured in every and any 25 foot by 25 foot section.
The buffer shall be installed prior to construction
of homes.
I (h) The number of dwelling units per acre shall not
exceed 7 units per net acre measured within a band of
land 175 feet wide parallel to said north boundary.
3-3
I
~ (i) Principal building structures shall no include sore
'.':~ than 4 dwelling units within 175 feet of said north
~. bounda~:y.
?":: * ~o story setback is eeasuted to the second story
~'" portion o~ the structure. One story portion Is to be
~ ~easured as a one story structure, if it is a single
family structure.
:;:~,~. ~ ,:
I
3-4
DEVELOPMENT STANDARDS
TABLE III
PATIO,
ZLL, OR
SINGLE SINGLE TWO FAMILY CjustER,
FAI~I LY FAMILY ATTACHED/ MULTI- FA/4ILY
DETACHED DETACHED OR DUPLEX TOWN HOUSE
CATEGORY 1 2 3 4
MZNI}IU~! SITE 9000 5000 3500 I AC
AREA SF/Lot SF/LOt SF/Lot
SITE WIDTH 75' 50' 35' 150'
{~{~'SXT~ DEPTH 120' 100 ' 100' 150'
FRONT YARD 25' 20' 20''1 20' P
SETBACK
~'..SXDE YARD 7.5' 5' 0 or a 20'
].'j~j'B ETBAC K ~ minimum 0' OC
~"' R~ YARD 20' P 15' P 15' P 20' P
SETBACK PRINCIPAL 10' GC 10' GC 10' GC 0' GC
R~ YARD 10' P 10' P 10' P 10' P
~[<~SETBACK ACSRY. 0' GC 0' GC 0' GC 0' GC
;~ABOVE PARKING 2 2 2 6 '2
~DXST. ~E~EEN
~.~PRINCXPAb STR. 15' 10' 0' or 5' 15''3 - I s~o~y
,~};,.~ . 25''3 - 2-3 sto~y
,~J, 30'*3 - 4 s~ocies i
<.r , higher
FLOOR AREA
'MZNISUM (S.F.} 1200 1000 900 750
,SZTE DEPTH AVENGE: Determined by dividing the site area by the
~. 'SITE WIDTH~ The average distance between straight lines connecting fron~
and rear parcel lines at each side of the site, measured as stralgh~
.lines between the foremost points of the side parcel [ines In the fron~
(at the point of intersection with the front parcel line) and the
~ea~most point of the parcel lines at the rear (point of intersectie~
wl~h the =ear parcel Line). Hay be reduced on cuL-de-sac lot8.
P. Perimeter or Internal sites
GC - GolfjCourse, or Lake Front Sites
'~1 This setback may be reduced to 12' for s~de entry garage
~L: e2 Three 8~o~y maximum within the City of Naples for less than 8
pe~ acre. Four story maximum within the City of Naples fo'r 8 units
per acre or greater.
*~ or ~/2 the sum of the adjacent buiIdings, whlchever is the greater.
3-5
SECTION IV
GOLF COURSE/RECREATION/PARK/RIGHT-OF-WAY
4.01 PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Map H Planned Unit Development
~aster Plan as, golf course, clubhouse, driving range,
parks, right-of-waysl dedicated' easements and utility
corridors.
4.02 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) colf course(s)
2) Tennis Club and facilities
t
3)'Water management facilities~ essential services (in
accordance with Section 8 10a of the Zoning
Ordinance). Lakes, including lakes with seawall and
other types of architectural bank treatment.
4) Open space recreational activities, commpnity parks,
and similar uses, including but not limited to
shuffleboard courts, tennis courts, swimming pools,
boat docks and ramp, canoe launches, fishing piers,
boat storage, beach gazebos, concession stands,
health trails,, bike paths and nature trails,
observation platforms, boardwalks, playground, picnic
areas and other types of facilities intended for
outdoor recreation.
5) Commt2nity center/clubhotlse(s).
6) Storage, maintenance yard~, and landscaping nurseries
within FP&L easements, ri,~ht-of-ways, and open space.
Subject to approval of the persons or entities in
whose favor the easement or right-of-way runs.
7) Project Information and Sales Center
8) Any other use which is comparable in nature with the
foregoing uses and which the C011ie~ County Planning
Services Manager or the City Community Development
Director. determines to be compatible in the district.
4-1
B, Permitted Accessory Uses and Structures
Accessory uses customarily associated with the principal
uses permitted in this district including but not
limited to:
l) Pro-shop, practice driving r'ange, cart barn and other
customary accessory uses of golf courses, or other
recreational facilities, including maintenance area
and pump houses, golf course rain shelters,
restrooms, and snack bars.
2) Small commercial establishments, including gift
shops, golf and tennis equipment sales, restaurants,
cocktail lounges, and similar uses intended to serve
patrons of the golf course or other permitted
recreational facilities, subject to the provisions of
the applicable supplementary district regulations of
:the Zoning Ordinance of Collier County.
3) Vehicle wash facility
4.03 DEVELOPMENT STANDARDS
1) Overall site design shall be harmonious in terms o£
landscaping, enclosure of structures, location of
access streets and parking areas and lgcation and
treatment of buffer areas.
2) Buildings shall be set back a minimum of ten (10')
feet from parcel boundaries, except for common
boundaries between golf course, recreation and park
uses, and water management facilities, in which case
the setback is zero (0') feet.
3) Maximum height of structures:
Fifty (50') feet, unless abutting a residentially
zoned parcel, then thirty five {35'} feet.
4) Minimum distance between principal bulldings~
Five (5') feet - 1 and 2 story buildings that are a
part of an architecturally unified grouping of
structures.
Ten (10') feet - i story.
Twenty (20') feet - 2 story.
4-2
5) Setback for structures from parcel boundaries
abutting residontial a~easl
T~enty (20') feet - principal structures.
Ten (~0') feet - accessory structures.
·
6) Parking for the community center/clubhouse shall be
one space pe~ every t~o hundred (200) square ~eet of
~ross ~loor area, ~hich shall be considered inclusive
o~ required ~o1[ course parking.
7) Standards for parking, landscaping, signs, guard
houses, entrance gates and other land uses not
specified herein a~e to be in accordance ~ith Collie~
County Zoning and Si~nage ~egulations in effect at
the time permits are ~equested unless otherwise
specified herein, Unless otherwise indicated,
~. setback, heights, and ~1oo~ a~ea standards apply to
p~tnc~pal s2ructures.
8) A 20' landscape buffer shall be provided along Golden
r + Gate Parkway within the northwest quadrant adjacent
~". to the golf course co~rido~
~'~ ,.,.:.., ·
[~.,, :,:......'
~' 4-3
SECTION V
~: CONSERVATION AND OPEN SPACE AREAS
~.~,~ .
i~.':! .5o01 PURPOSE
~'~.'~. The purpose of this Section is to set forth the regulations
'~!i ' for areas designated as conservation and open space.
5.02A PERMITTED USES AND STRUCTURES - CONSERVATION AREAS
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 ~ollowings
~i,~' 1) Passive recreational areas, boardwalks, observation
'~ plhtf
I~i:... :. orms,
[~..~.,.. 2) Biking, hiking, health and nature trails, canoe
t~::. launches, golf cart paths,
~:::: . ]) Water management facilities, roadway crossings and
~ : utility c~ossings.
4) ~ighting and signage.
": 5) Any other activity or use which is comparable in nature
~ with the foregoing uses and which the Collier County
" Planning Services Manager or the City Community
Development Director determines to be compatible with
the intent of this district.
5.02B PERHITTED USES AND STRUCTURES - OPEN SPACE AREAS
.:~.. 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=
1} Parks, passive recreational areas, boardwalks,
observation platforms.
2) Biking, hiking, health and nature trails, boat docks,
fishin~ piers, canoe launches, boat storage, golf cart
paths.
39 105
4) ~ater management facilities and lakes, as approved by
the South Florida Water management District, roadway
crossings and utility crossings.
5) Recreational shelters, active park facilities, and
restrooma, off street parking, lighting and signage.
6) Any other activity or use which is comparable in nature
with the'foregoing uses and which the Collier County
Planning Services manager or the City Community
Development Director determines to be compatible with
the intent of this district.
DEVELOPMENT STANDARDS
1) Overall site design shall be harmonious with the area's
natural characteristics.
2) All work proposed in wetland areas designated on the
Ma~ter Plan shall be reviewed and approved by the
Collier County environmental staff and appropriate
county, state or federal regulatory or Jurisdictional
agency prior to the commencement of any such activity.
3) The County may request copies of permits from all
appropriate regulatory agencies or jurisdictional agency
prior to construction plan approval. Conseryation areas
are subject to Jurisdictional agencies review and listed
usages do not guarantee that those usages will be
approved.
4) Standards for parking, landscaping, signs, guard houses,
entrance gates and other land uses not specified herein
are to be in accordance with Collier County Zoning and
Slgnage regulations in effect at the time permits are
requested unless otherwise specified herein.
SECTION VI
,., COMMERCIAL
~?. The purpose of this section is to set forth the regulations
':-.:"~. for the area designated on Mkp H PUD Master Plan, as 'C'
~'::: ' Commercial 'O/C' Office Commercial, 'C/H' Commercial Hotel,
~ 'O' Office, and 'Town Center' These are areas located
:.. within' a designated activity center, therefore permitted
~ uses for these tracts are intended to be inclusive of
.. types allowed by the City of Naples and the Collier County
Zoning Ordinance.
6.02 PERMITTED USES AND STRUCTURES
NO building or structure, or part thereof, shall be erected,
'ir.. altered or used, or land or wate~ used, in whole or in
'~?'i for ot~e= than the following=
!: 1) Permitted Principal Uses and Structures for C~ O/C,
" CFH~ and Town Center.Tracts:
i! (a) Antique shops; .appliance stores; art studios; art
:" supply shops; automobile parts stores; automobile
" service stations without repairs (See Section
9.8)'1; awning shops.
· .. (b) Bakery shops including baking; bait and tackle
~,: shops*2; banks and financial institutions,
;~ including drive-in windows; barber and beauty
~ shops; bath supply stores; bicycle sales and
'i. services; blueprint shops; bookbinders; book
stores; business machine services; business
offices, building maintenance services and
., building supplies.
- (c) Cabinet shops, canteen services, building
maintenance services, building supplies, carpet
and floor covering s,~les - which may include
storage and installation; car wash; child care
centers; churches and other places of worship (See
Section 8.11).1; clothing stores; cocktail lounges
(see section 8.11)*1; commercial schools;
confectionery and candy stores, qoncessions and
vendors~ civic and cultural facilities; colleges,
universities and schools; convalescent centers and
nursing homes~ computer sales and services*2.
· 1 These section references are from the Collier County Zoning
Ordinance.
· 2 Northeast and Southeast quadrants only.
6-1
cleaning, collecting and delivery; dry goods
stores; drapery shops*2; department stores.
(e) Electrical supply stores; express officet
employment agencies; equipment rentals repair and
sales including lawn mowers and power saws.
(f) Farmers market*2, fish stores - retail only;
florist shops; fraternal and social clubs (See
Section 8.11)*l; food markets; furniture stores;
furrier shops.
(g) Garden supply stores - outside display in side and
rear yards*2; gift shops; glass and mirror sales -
including storage and installation; gourmet shops;
gunsmiths.
(h) Hardware store's; health food store; homes for the
aged; hospitals and hospices; hotels, motels and
transient lodging facilities; hobby supply stores.
,.- (~) Ice cream stores, indoor commercial recreation,
interior decorating showrooms.
~: (j) Jewelry stores.
~ (k) LaUndries; laboratories, film research and
:' testing; leather goods; luggage stores; linen
supply shops; lithograph; laboratories; liquor
stores; locksmiths; lakes and water bodies with
seawalls and architectural bank treatments, or
conventional lake banks.
(1) Markets - food; markets - meat; medical offices
and clinics; millinery shops; motion picture
theatres; museums; music stores; mortgage brokers.
~, (m) New car dealerships - outside display permitted;
! news stores; night clubs*2 (See Section
~,' (n) Office - general - ~usiness, and professional;
'. office supply stores.
(o) Paint and wall paper stores; post offices; pet
shops; photographic equipment stores; pottery
stores*2; printi~g*2; publishing and mimeograph
service shops*2; private clubs*2 (See Section
8.11),1; plumbing shops and supplies.
· 1 These section references are from the Collier County Zoning
Ordinance.
· 2 Northeast and Southeast quadrants only.
· 6-2
~]~'"; (p) Radio, television and appliance sales and
· services~ radio stations (offices and studios),
~: and auxiliary transmitters and receiving
equipment, but not principal transmission towerl
research design and development~ real estate
offices~ rest homes~ restaurants - including
drive-in or fast food restaurants and full service
(See S6ction 8.11).1~ retail sales of used goods~
all uses permitted in Section II! and IV of this
document - subject to development standards
· identified in those Sections.
(q) Small scal~ retail sales other than shopping
centers~ shoe sales and repair~ shopping centers
(See Section 10.5),1~ souvenir stores~ stationery
stores~ supermarkets~ sanatoriums~ and interim
sewage treatment plant*2.
(r) Tailor sh'ops~ taxidermists~ tile sales - ceramic
;. tile~ tobacco shops~ toy shops~ tropical fish
· ' stores/ telephone exchange shops~ transportation,
~' communication and utility offices.
(s) variety stores~ vehicle rentals, veterinarian
offices and clinics - no outside kennels.
~::. (t) Watch and precision instrument sales and repal~
'" (u) Any other commercial use or professional service
which is comparable in nature with the foregoing
uses and which the Collier County Planning
, Services Nanager or the City Community Development
,' Director determines to be compatible in the
": district.
i((, (v) Any other commercial uses set forth in the City of
~, Naples Development Agreement.
"" 2) Permitted Uses and Structures for 'O' (Office) Tracts~
': ' (a) Art Studios
,,,~,~, (b) Banks and financial institutions, including
{:~. drive-in windows~ book stores~ business offices.
...' *1 These section references are from the Collier County Zoning
~.~-.: Ordinance.
~'i~' *2 Northeast and Southeast quadrants only.
;'. (c) Child care centers; churches and other places of
worship (see Section 8.11); commercial schools;
%~ civic and cultural facilities; colleges,
~"~ universities and schools
(d) Express office; employment agencies.
~./)~ (e') Fraternal and social clubs (See Section 8.11).'1.
(f) Homes for the aged; hospitals and hospices.
(g) Laboratories; lakes and water bodies with seawalls
and architectural bank treatments, or conventional
¥=.. lake banks.
~;' (h) Medical offices and clinics; mortgage brokers.
(l) office - general - business, and professional;
'office supply stores.
~;~' ) Private clubs*2 (See Section 8.11).
-; (k) Radio stations (offices and studios, and auxiliary
transmitters and receiving equipment, but not
. principal transmission tower); research design and
" development; real estate offices; all uses
permitted in Section II! and IV of this document -
subject to development standards ldffntified in
those Sections.
~.', (1) Transportation, communication and utility offices.
, (m) Veterinarian offices and clinics - no outside
kennels.
(n) Any other commercial use or professional la£ViCl
which is comparable in nature with the £oregoing
uses and which the Collier County Planning
Services Manager or the City Community Development
Director determines to be compatible in the
:!.:, district.
3) Permitted Accessory Uses and Structures: Accessory
uses and structuzes customarily associated with the
uses permitted in this district.
(a) Caretaker's residence (See Section 8.40)*.
,~.
: *l These section references are from the Collier County Zoning
Ordinance.
· , *2 Northeast and Southeast quadrants only.
" U'9 iiO
.' BOOK
6.~';~'~03 DEVELOPNENT STANDARDS
~i~.<~..:~.~ 1) Ninimum Lot Area: Ten thousand (10,000) square
....... · -' feet
/ i'j' 2) Minimum Lot Width: One hundred feet
3) Minimum Setback Requirements {Internal):
~ . (a) Front setback - Twenty feet (20').
(b) Side setback - None, or a minimum of five feet
(5') with unobstructed passage from front to rear
yard.
(c) Rear setback - Fifteen feet (15').
(d) Waterfront setback - Zero feet (0') to seawall,
bulkhead, or rip rap, otherwise fifteen feet (15').
(~) Parcels with two frontages may reduce one front
setback by ten feet (10').
4) ~inimum setbacks and buffers from external ri~ht-
· of-ways=
(a) Golden Gate Parkway - Fifty foot (50') setback,
Twenty foot (20') landscape buffer.
(b) Airport Road and Livingston Road - Twenty foot
(20') plus two feet (2') for every one foot (1')
of building height; twenty foot (20') landscape
buffer.
5) MaXimum Height: Fifty (50) feet.
6) Minimum Floor Area of Structures: One thousand (1,000)
square feet per building on the ground floor.
structures are permitted to have a minimu~ structure o~
twenty-five (25) square ~e~ and are no~ bound b~
setback requirements.
These section references are from the Collier County Zoning
Ordinance ..
Northeast and Southeast quadrants only.
~ r 7 ) Maximum floor Area Ratio IrAR) for Commercial Usest
Bas~'d'on gross leasable floO~ a~ea (GLFAJ and a~ea~e.'
Retall~ .30 P~oject total 649,6~8 G~FA
O~f~ce= .35 P~o]ect total 653,453 GhFA
8) ~aximum Density of Hotel~ ~0tel an~ Transient
Fac~lities: 30 ~ooms per acre.
r~ S e ~ba"c k. " "
10) S~anda~ds fo= pa=king, landscapin~, s~gns, guard
"'. houses, entrance gates and othe~ land uses no~
' specified herein a~e to be in acco=dance with Collie~
County Zoning and Signage ~egulations in e~ect at the
time permits a~e requested unless othe~wise specified
herein. Unless otherwise indicated, setback, heights,
and floor a~ea standards apply to p~incipal structures.
11) A: twenty-five (25) foot landscape strip of land shall
be provided along all arterial ~oad co~e~cial
frontages.
',.:.~,;'..;'.-*1 The~e ~ec~ion re[orence~ are ~rom ~he Collie~ County Zoning '-':*2 Northeast and Southeast quadrants only.
:~.::~:- , 6-6 .
i SECTION VII
'i~(.' GENERAL DEVELOPMENT COMMITMENTS
The purpose of this Section is to set forth the development
commitments of the project.
?)' 1) The P.U.D. Master Plan - Map H is an iljustrative
:-...'.' preliminary development plan. The design criteria and
?: layout iljustrated on the Master Plan shall be understood
~.. to be flexible, so that, the final design may satisfy
.i~' project criteria and comply with all applicable
~.'. requirements of this ordinance.
" . 2) All necessary easements, dedications, or other instruments
:, shall be granted to insure the continued operation and
,... , ~aintenance of all service utilities
!.. 3) site design changes shall be permitted subject to Collier
.... . County and/or City of Naples staff admin~strative
i(' approval, where such changes are consistent with the
~'..' intent of this P.U.D. and do not cause significant impact
~ to surrounding properties abutting the Grey Oaks PUD.
7.03 ENVIRONMENTAL
~" 1) Petitioner shall be subject to Collier County Growth
~. Management Plan Conservation and Coastal Management
· ...,' Element Objectives 6.4.6 and 6.4.7, Ordinance No. 82-2 as
i'. amended by Ordinance No. 89-49, and Ordinance No. 75-21 as
:" amended by Ordinance No. 89-58. The 25% shall be
'- monitored at each site clearing plan submittal. The
O' petitioner shall receive credit from any phase where the
~:' 25% amount is exceeded to be applied to a phase where it
is not. In any phase of development where credit toward
the' 25% is needed the petitioner shall delineate on the
site clearing plan the percentage of viable naturally
functioning native vegetation retained and/or areas of
. landscaping and open space which are planted with native
species. The petitioner shall show the calculations on
each site clearing plan which totals the overall 25% for
. | the project build-out.
~!:" 2) Petitioner shall be subject to Ordinance No. 82-2 as
~' amended by Ordinance No. 89-57 (use of native species in
Iii( landscaping)..
;,,~.. 7-1
~OOK
, 1) Petitioner shall be subject to Ordinance No. 82-37 as
;'~' amended by Ordinance No. 89-53 (removal of exotic
species).
4) Petitioner shall be subject to the Collier County Growth
?. management Plan Conservation and Coastal management
Element Policy 12.1.3 (discovery of an archaeological or
'::: historical site, artifact or other indicator of
;... preservation).
~.¢... 5) Petitioner shall obtain all necessary local, state and
~ federal permits. Copies of appropriate Jurisdictional
~.. delineations are required at the time of subdivision
~' master plan per the County Engineer.
5;.. 6) Petitioner shall be subject to Collier County Growth
::: management Conservation and Coastal management Element
' ' Policies 7.).4, 7.3.6 and 7.3.8.
,.. 7) Protected plant species (butterfly orchid) and those which
!~: may be observed during each construction phase shall be
; protected from injury or relocated on site. The existing
, locations as well as the transplantation locations, if
warranted, shall be identified on the site clearing plan
for each phase of construction.
8) The petitioner must receive all appro~riate state
~::/ approvals for storing and handling hazardous materials
prior to construction of the golf maintenance facilities.
All hazardous materials will be stored in a central
.':.: location, removed from the Gordon River headwaters or
" Golden Gate Canal. There will be no storage o£ hazardous
materials, that is in excess of two (2) days supply, at
the satellite facilities, flowove~, petroleum sto~ago at
these facilities shall be allowed, but only in above
ground storage facilities constructed and maintained in
accordance with EPA and FDER standards. The petitioner
: shall submit any required contingency plans approved by
appropriate state and federal agencies for clean up and
mitigation of unauthorized release of hazardous materials.
:~ 9) The preservation or conservation areas shall be delineated
~' on any plat which includes the preservation/conservation
I area.
:'";' 10) Buffers around protected wetlands shall comply with South
Florida Water ~anagement District criteria.
7-2
ll) Control structure elevations in pro~ected, c~eate~ or
restored wetlands shall be established to maLntain or
improve adequate hydroperiods, The control structure
elevation shall be designed to meet the requirements of
South Florida Water ~anagement District and Collier County
Growth ~anagement Plan Conservation and Coastal ~anagement
.Element Policies 6.2.2 and 6.2.1].
12) Prior to the Subdivision ~aster Plan and Site Development
Plan submittal for development which is adjacent to a
wetland, all boundaries of the County Jurisdictional
wetland areas shall be flagged by the petitioner and field
verified by Collier County Environmental Staff.
13) Quantitative criteria for mitigation shall be based on the
results of final field determinations made by the South
Florida Water ~anagement District and Collier County
Environmental Staff at or prior to the time of
co~struction plan approval. Compensation proposals shall
pr6vide reasonable assurance that resource impacts will be
offset.
a) Hltigation plans proposed in wetlands to be
preserved, restored, enhanced shall include a
description of area (location and size), vegetation
proposed to be planted, source of vegetation
(transplantation f~om impacted areas preferred),
hydrologic regime, exotic vegetation removal,
monitoring and maintenance plan. Ho~itoring and
maintenance programs shall be provided for a minimum
of five years post .construction by the entity
responsible for common area maintenance, established
by the developer. Said program shall be reviewed and
approved by Collier County Project Review Staff.
b) ~ltigation proposed in upland areas shall emphasize
the retention of existing vegetation and shall focus
on establishment of native vegetative "communities".
c) Lakes mitigation in the lakes designated on
conceptual site plans shall include littoral zone
plantings of native, aquatic vegetation.
14) Petitioner shall be subject to all environmental
ordinances in effect at the time of final approval of the
PUD document by the Board of County Commissioners, unless
specifically exempt in the PUD document.
15) The PUD ~aster Developmen~ Plan shall be revised prior to
review by the Collier County Planning Commission to add a
note which indicates the "W" represents wetlands to be
preservation areas. These areas .are approximate and will
be refined, durin~ the permitting process.
7-]
~:~.~'" 1) Detailed paving, grading and site drainage plans shall be
submitted to Project Review Services for review. No
~, · construction permits shall be issued unless and until
,, approval of the proposed construction in accordance with
the submitted plans is granted by Project Review Services.
2) In accordance with the Rules of the South Florida Water
Management District, (SFWMD) Chapters 40E-4 and 40E-40,
this project shall be designed for a storm event of 3-day
duration and 25-year return frequency.
3) An Excavation Permit will be required for the proposed
lake(s) in accordance with Collier County Ordinance No.
88-26 and SFWMD rules. Several of the lakes proposed do
not meet the minimum setback requirements of Ordinance
88-26. The master plan shall be revised to meet the
minimum setback requirements or documentation shall be
provided during the Subdivision Master Plan process to
allow a reduction in the setback with appropriate barriers
· .. provided.
ii' 4) The lake and swale typical cross-sections shall conform to
:" a11 applicable County Ordinances.
~',,. 5) This project is recommended for approval for rezoning and .;
.,. DR! purposes only. Detailed site drainage plans of each
:,, drainage sub-basin shall be submitted to the Water
Management Advisory Board for review. No construction
permits shall be issued unless and until approval of each
individual drainage sub-basin is granted by the Water
Management Advisory Board.
6) An executed agreement between the applicant, Big Cypress
Basin and the South Florida Water Management District,
detailed plans and associated documentation relating to
the installation of the new control structure and the
: relocation of the existing amiX gate structure including
back pump facilities shall be submitted to the Water
:~ Management Advisory Board for review prior to construction
~,- plan approval.
· ~. 7) A copy of the South Florida Water Management District
Conceptual Permit or favorable staff report shall be
i'~ required prior to Subdivision Master Plan approval.
ii; 8) A copy of South Florida Water Management District Permit
:; or Early Work Permit is required prior to construction
,. plan approval.
9) Documentation from Florida Power and l, ight allowing use of
their right-of-way for the purposes of water management
shall be provided prior to Subdivision Master Plan
10) This approval does not constitute agreement by the County
to any control elevation or discharge rate. Ail
agreements shall be made with South Florida Water
Management District/Big Cypress Basin.
';'-". ?,05 TRANSPORTATION
i';'. 1) The developer shall provide appropriate left and/or right
~!~,.. Livingston Road at all project accesses.
'?'" 2) The developer shall provide arterial level street lighting
' at all project accesses.
3) The developer shall provide a fair share contribution
.i';' toward the capital cost of traffic signals, including
.' lnterconnection where applicable, at any project access .
when deemed warranted by the County. The signals will be
: owned, operated and maintained by Collier County.
~. 4) Livingston Road Right-of Way Dedication:
" a) The developer shall dedicate sufficient, right-of-way
' north of Golden Gate Parkway to establish a
? right-of-way corridor 120 feet in width along the
:.' entire length of the developer's property, taking
,! into consideration the existing Livingston Road
right-of-way easement. Additional .right-of-way
within the Florida Power and Light easement may be
required subject to approval and releases by Florida
Power and Light.
· b) The developer shall dedicate 50 feet or road
right-of-way south of Golden Gate Parkway along the
length of the developer's property. In addition, for
a distance of 200 feet ~;outh of Golden Gate Parkway~
the developer shall dedicate an additional 50 ~eet in
width immediately west of the aforementioned
right-of-way. Said additional 50 feet in width may
be in the form of a 25 foot wide road right-of-way
dedication and a 25 foot wide easement for drainage,
water management, landscaping, and bikepath use. For
the next 800 feet south of Golden Gate Parkway, the
developer shall dedicate a strip of land tapering
from 50. feet in width in the north to 0 feet in width
in the south, in a diminishing line immediately west
7-5
of the aforementioned right-of-way. Said additional
property shall, to the extent it exceeds 25 feet, be
in the form of an easement for drainage, water
management, landscaping, and bikepath use. The
"easements" (as opposed to the dedications) specified
herein may be used to satisfy all or part of the
setback and buffer requirements for the adjacent
property.
':':. 5) The developer shall dedicate 40 feet of right-of-way along
,' the north side of Golden Gate Parkway west of Airport Road
along the entire length of the developer's property, shall
incorporate the Golden Gate Parkway drainage into the
water management system of the developer's project, and
~' shall accept all drainage from both a quality and quantity
" tandpoint
'. 6) The; developer shall dedicate 40' for right-of-way on each
~i:', . side of Golden Gate Parkway between Airport Road and
~ii:,!:, Livingston Road.
-~,',.; . " 7) Collier County reserves the right to expand the lanes on
~:i~. Airport Road by adjusting the cross section of the
f,:~i' '":
~e:: existing canal to incorporate road run-off in the lake
~., system.
~:!,.. 8) .The developer shall dedicate sufficient right-off, Way at
the intersection of Airport Road and Golden Gate'Parkway
to allow a grade separated urban interchange with Golden
;. Gate Parkway being the grade separated roadway. ...
.~' ~ 9) All traffic control devices used, excluding street name
(. signs, shall conform with the Hanual on Uniform Traffic
.: Contr01 Devices as required by Chapter 316 0747, Florida
,~',' Statutes.
10) If Collier County adopts a proportionate share or areawide'
ilia. transportation assessment program, or modifies its Xmpact
/" Fee ordinance, to provide additional ' credit for
right-of-way dedication, the developer shall be entitled
to such a credit towards t~e 25 acres more or less of
dedication. It is understood that the total amount of
:. land involved in these dedications is equal to 25 acres
· more or less.
~. 11) The ~umber, type, and location of, and allowable changes
,/!~ to project access intersections with County roads shall be
':~:'.,.~ as set forth in Exhibit D to the Halstatt DRI/Grey Oaks
~:': Development Order.
· ,. 7-6
3'9 118
,.;f- .;
:...,,:.: 12) Impact fee payments shall be made to Collier County
,,:..,.?. pursuant to the Impact Fee Ordinance in e£fect at the time
? . of relevant permit application, said Impact Fee Ordinance
currently being Ordinance 90-14, amending Ordinance 85-55.
~ 7.06 UTILITIES
!~;! 1) The water distribution system and appurtenant facilities
i~:' to serve the project are to be designed, constructed,
':~-' conveyed, owned and maintained pursuant to the
requirements of the City of Naples.
.... 2) The sewage collection, transmission and treatment and
disposal facilities to serve the portions of the pro~ect
on the west side of Airport Road are to be designed,
construction, conveyed, owned and maintained pursuant to
:,. the requirements of the City of Naples.
i,,',!,i ,. 3) Pro~lsions for sewer service to those portions of the
project lying on the east side of Airport road shall be as
:,. follows, unless a service area modification is approved
. between the City of Naples and the Collier County
Water-Sewer District prior to the submission of
~..,' . subdivision master plan applications to Collier County for
;..:~ : the project.
' a) The sewage collection and transmission and interim
'? sewage treatment facilities to serve the portions of
'" the project on the east side of Airport Road are to
be designed, constructed, conveyed, owned and
maintained in accordance with Collier County
Ordinance No. 88-76, as amended, and other applicable
County rules and regulations.
~:~. b) All customers connecting to the sewage collection
~:: facilities to be constructed will be customers of the
County and will be billed by the County in accordance
with the County's established rates. Should the
County not be in a position to provide sewer service
to the project, the sewer customers shall be
customers of the interl~ 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
'. wtl~ ultimately receive and treat the sewage
~:" generated by this project. Should the County system
not be in a position to receive the project's
wastewater, at the time development commences (that
7-7
/..?//'-. generates wastewater), the Developer, at his expense
~.~..:;, will install and operate interim on-site sewage
i?~... . treatment and disposal facilities adequate to meet
.... ~ all requirements of the appropriate regulatory
agencies. An agreement shall be entered into between
the County and the Developer, his assigns or
;' successors regarding any interim treatment facilities
/ to be utilized. The agreement must be legally
sufficient to the County, prior to the approval of
construction documents for the project and be in
conformance with the requirements of Collier County
,., Ordinance No. 88-76, as amended.
~.. d) The utility construction documents for the project's
sewerage system shall be prepared to contain the
design and construction of the on-site force main
which will ultimately connect the project to the
future central sewerage facilities of the District in
~'; the Airport Road rights-of-way. The force main must
,- be extended from the main on-site pump station site
to the east rights-of-way line of Airport Road and
capped. It must be interconnected to the pump
station with appropriately located valves to permit
for simple redirection of the project's sewage when
connection to the County's central sewer facilities
.. becomes available.
· e) Prior to the approval of construction d~cuments that
:..,. , provide for development that generates wastewater by
"' the County, the Developer must present vezification,
pursuant to Chapter 367, Florida Statutes, that the
Florida Public Service Commission has granted '
territorial rights to the Developer to provide sewer
~,.~': service to the project until the County can provide
;~/ the service through its sewer facilities.
f) The project's Developer(s), his assigns or succellOrl
shall negotiate an Agre,ment with the Collier County
Water-Sewer District fc.r the use of treated sewage
effluent within the project limits, for irrigation
purposes. The Developer would be responsible for
providing all on-site piping and pumping facilities
from the County's point of delivery to the project
and negotiate with the County to provide full or
.. partial on-site storage facilities, as required by
" the DER, consistent with the volume of treated
wastewater to be utilized.
(: 4) Subdivision master plans shall identify the location of
interim wastewater treatment facilities required. In
, addition, documentation must be provided to verl£y that
~.~.:.. the site is of adequate size [or the facility intended.
~-. ?.07 SIGNAGE
~ii~:.,, 1) General
z,.,, a) Ail County sign regulations shall apply unless such
ii:' regulations are in conflict with the conditions set
~";. forth in this section.
~:,..... .. b) For the purpose of this PUD Document/Ordinance, each
~.,.,, platted parcel shall be considered a separate parcel
f!~;" '. of land and shall be entitled to any sign as
[~' permitted herein.
~:" ~ . c) Should any of the signs be requested to be placed
~;., , within the public right-of-way, a right-gl-way per,it
~!::i:~,.... .: ,.~ ~ust be applied for and approved.
..'~'~' ', d) All signs shall be located so as not to cause sight
a":.. " distance problems.
~ ~ '; .,
~.~,:~,..:,, , . "
~:,~.:.'--.., 2) Entrance Signs
,~..'- a) Two (21 signs with a maximum area of 60 square feet
,.:..' each or one (1) sign with a maximum area of 100
!~'' square feet shall be permitted at each entrance of
~:.f. the development.
!iTM b) Entrance signs shall not exceed a height of fifteen
~i', (15) feet above the finished ground level of the sign
!,,'.: ~ .. site.
.~!,~i..~ C) ~ntrance signs may be lighted p[ovided all lights
~:. ~) project signs
~?:' a) Project signs, designed t° promote the Project, or
t~;,'" any major use within the project shall be permitted
, along the east and west side of Airport Road, the
[ north and south side of Golden Gate Parkway, and the
west side of ~ivingston Road, and on all land tracts
within Grey Oak PUD limits subject to the following
' conditions: ..
i, l) Pro~ect signs shall not exceed a height of twenty
,- (20) feet above the finished ground level of the
,. 7-9
Si~n
site nor may the overall area of the sign
?!" face exceed hundred (100) square feet.
one
~"' 2) A maximum of fourteen (14) project signs shall be
[,'i' permitted. Six (6) located along Airport Road
.. frontage, four (4) each located along Golden Gate
· Parkway and Livingston Road frontage. The
"' location of such signs shall generally be limited
' to a one-quarter mile spacing requirement unless
existing vegetation requires a somewhat closer
spacing. An additional 5 intersection signs
shall be permitted at the intersections of Golden
Gate Parkway with Airport Road and Livingston
':: Road.
3) Project signs may be lighted provided all lights
are shielded.
.'. ' -
~ ........ ' 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
~.j.. approval of the proposed construction in accordance with
~;:.-~'~i? i' :.'. the submmitted plans is granted by Project Review
~-.. Services.
~.[!'i, 2) Design and construction of all improveme~ts shall be
._. subject to compliance with the appropriate provis~oi~s of
r..~ the Collier County Ordinances regulating subdivisions,
unless otherwise approved as an exception to said
. regulations during Subdivision Approval.
3) Platting shall be accomplished when required by Collier
,,. County Ordinances regulating subdivisions.
~' 4) Work within Collier County right-of-way shall meet the
i/~' requirements of Collier County right-of-way Ordinance
~'"r 5) Internal access into tract~ as shown on the PUD ~aste~
Plan is informational only. Exact locations shall be
~",, determined during Subdivision or Site Development Plan
~:".- approval
~f.. ?,09 ExcEpTIONS TO SUBDIVISION REGULATIONS
~? Exceptions to subdivision regulation shall be requested at the
~' time. of application for subdivision approval in accordance
/, with applicable subdivision regulations in effect at the time
~"':~ of development.
~,, 7-10
'7.10 SCHOOL DISTRICT
~ The applicant shall dedicate a fifteen (15) acre school site
to the Collier County School District at a location (off-site)
agreed upon between the Applicant and the School District.
?.11 FIRE STATION/EMS SITE
The applicant shall dedicate a 1.5 acre s te for use by the
North Naples and the East Naples Fire Dist£ cts, together with
Collier County Emergency Medical Services. The site shall be
dedicated in fee simple, subject to the following conditions:
1) The site shall revert to the owner if it is not utilized
for a fire and rescue facility for at least (5) years.
2) If either fire district or the Emergency Medical Services
adopts impact fees the Applicant shall be entitled to
impact fee credit for the dedicated site based on the
f~tr market value on the date of the dedication.
,"~i".,:;.COUNTY 0F COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 90-48
which was adopted by the Board of County Commissioners on
.the 6th day of June, 1990, during Regular Session.
WITNESS my hand and the official seal of the Board
County Commissioners of Collier County, Florida, this 14th
day of June, 1990.
J.,
JAMES C. GILES
~k'
Clerk of Courts and Cie
.
Ex-off~c~o to Board
Coun~y Commissioners
By: /s/Maureen K~ ~yon Deputy Clerk
8'9
RESOLUTION NO. 90-292
DEVELOPMENT ORDER 90-3
DEVELOPMENT ORDER OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTYw FLORZDA
FOR GREY OAKS PLANNED UNIT DEVELOPMENT LOCATED
IN SECTIONS 24, 25 AND 26, TOWNSHIP 49 SOUTR,
qANGE 25 EAST, COLLIER COUNTY, FLORIDA=
WHEREAS, Mark Morton as agent for The Halstatt Partnership
~?~ filed on April 28, 1989, with the County of Collier an Application
~:' for Development Approval (ADA) of a Development of Regional Impact
.t.' (DRI) known as Halstatt DRI (now Grey Oaks Planned Unit
;~' Development) in accordance with Section 380.06(6), Florida
Statutesl and
!!,.. WHEREAS, The Halstatt Partnership has obtained all necessary
approvals and conditional approvals from the various Collier
County agencies, department[~, and boards required as a condition
to Planned Unit Development (PUD) zoning and DRI approval; and
i'. WHEREAS, the Board of County Commissioners as the governing
";' body of the unincorporated area of Collier County having
~.'. Jurisdiction pursuant to Chapter 380.06, Florida Statutes, is
authorized and empowered to consider Applications for Development
.~ Approval (ADA) for Developments of Regional Impact! and
W~EREAS, the public notice requirements of Chapter 380 and
the Collier County Zoning Ordinance have been satisfied~ and
WHEREAS, the Collier County Planning Commission has reviewed
and considered the report and recommendations of the Southwest
Plorida Regional Planning Council (SWFRPC) and held a public
~-... hearing on the ADA on May 17, 1990~ and
v~;4{ WHEREAS, the Board of County Commissioners has passed
~'~. ~ Ordinance 90-48 on June 6, 1990, which rezoned the subject
property to PUD; and
'{~ WHEREAS, the issuance of a development order pursuant to
Chapter 380.06, Florida Statutes, does not constitute a waiver o~
. any powers or rights regarding the issuance of other developme~.,.
permits not consistent herewith by the County or State~ and
WHEREAS, a portion of the property is within the boundaries
~ of the City of Naples and the City and Collier County entered into
~' an Interlocal Government Agreement, dated May 9, 1989, whereby the
~:, City an~ County agreed that the County would process the ADA and
'..v issue the appropriate DRI Development Order for the entire
project, subject to the restraints of the Development Agreement
between the City of Naples and ~alstatt Partnership, a copy of
::. said Interlocal Government Agreement and Development Agreement
~.. being attached hereto as Exhibits "B" and "C", respectively; and
'7~:!: WHEREAS, on June 6, 1990, the Board of County Commissioners,
at an open public hearing in accordance with Section 380.06,
~' Florida Statutes, considered the application for Development of
~.. Regional Impact submitted by The Halstatt Partnership; the report
~: and recommendations of the SWFRPC; the Development Agreement
!:~:' between the City of Naples and Halstatt Partnership; the certified
record of the documentary and oral evidence presented to the
Collier County Planning Commission; the report and recommendations
;F of the Collier County Planning Commission; the recommendations of
~, Collier County Staff and Advisory Boards; and the record made
!.~ before the Board of County Commissioners at said meeting, the
~" Board of County Commissioners of Collier County hereby makes the
~i' ' following Findings of Fact and Conclusions of Law=
i-~,' FINDINGS OF FACT
,','~- 1. The real property which is the subject of the ADA is
~:' legally described as set forth in Exhibit "A", the Planned Unit
i'~: Development Document for Grey Oaks attached hereto and by
reference made a part hereof.
:.!:~- 2. The application is consistent with Section 380.06(6),
Florida Statu~es, (1989).
t 3. The applicant submitted to the County an ADA and
sufficiency responses, hereby referred to as composite Exhibit
"D', which by reference thereto are made a part hereof to the
extent that they are not inconsistent with the terms and
conditions of this Order.
4. The applicant Droposes the development of Grey Oaks
Planned Unit Development for 1,601 acres which includes= 120.4
~. acres of commercial uses to i~ude~ hotel rooms, 653,453
square feet (gross leasable area) of retail commercial, 2,?00
residential dwelling units, 54 holes of golf, and 265.? acres of
conservation, la~es and water management, which includes
preservation areas,
5. The development is consistent with the report and
recommendations of the SWFRPC submitted pursuant to Subsection
380.06(12), Florida Statutes.
6. The development will not interfere with the achievement
of the objectives of the adopted State Land Development Plan
applicable to the area.
7. A comprehensive review of the impact generated by the
development has been conducted by the appropriate County
departments and agencies and by the SWFRPC.
8. The development is not in an area designated an Area of
Critical State Concern pursuant to the provisions of Section
380.05, Florida Statutes, as amended.
9. ~he development is consistent with the current land
development regulations and the Growth Management Plan of Collier
County, as amended.
10. The development is consistent with the State
Comprehensive Plan.
CONCLUSIONS OF LAW
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners o~ Collier County, Florida, in public meeting, duly
constituted and assembled on this, the 6th day of June, 1990, that
the Ralstatt Development of Regional Impact Application for
Development Approval submitted by Mark Morton, agent for The
Halstatt Partnership, is hereby ordered approved, subject to the
following conditions in response to their recommendations, and the
commitments specified in the PUD which are hereby adopted as
conditions of approval of this Development Order=
1. DRAINAGE/WATER QUALITY
a, All commitments made by the applicant within the ADA
related to Question 22 (Drainage) and Question 15 (water Quality)
and subsequent sufficiency round information, not in conflict with
the following recommendations, are incorporated as conditions for
approval.
b. At the time of construction permit application for
the project to the South ~lorida Water Management District
(SFWMD), the applicant shall clarify off-site flows and shall
confirm to District staff that the proposed wet and dry water
management areas meet District criteria.
c. The applicant shall provide reasonable scientific
data to S~WMD staff at the time of application for construction
permit to demonstrate that the proposed project control elevations
and overall design will preserve the remaining on-site wetlands,
including maintaining adequate wetland hydroperiods and that
SFWMD preservation/miti~ation criteria will be met.
d. The applicant shall confirm, tO the satisfaction of
all applicable federal, state, and local review agencies, that the
proposed water management system will not adversely impact
habitats of the Butterfly Orchid, the Big Cypress fox squirrel and
gopher tortoise, as well as other endangered species potentially
occurring on-site, or that such impacts will be mitigated to the
benefit o'f on-site populations of these species.
e. The applicant has indicated that rock exfiltration
trenches may be used to meet the dry detention requirements for
the ~alstatt DRI. Such trenches shall be desiqned to meet
B~WMD criteria in effect at the time of construction permit
application.
f. At the time of permit application, the applicant
shall provide SFWMD staff with water management computer modeling,
including stage-storage calculations, weir-discharge evaluations
and flood routings to evaluate pre-development and
post-development conditions.
g. At the time of permit application, the applioant
shall provide SFWMD staff with water quality detention volume
calculations, flood routings showing discharges, elevations and
volumes detained during applicable storm event, and details of the
proposed control structures.
--=--. m M
h. Oocumentatton shal! he provided at the rims of permit
application to the SFWMD which demonstrates that the propose~
location of a new southern control structure in the Airport Road
Canal and any change in the control elevation in the area wll! not
cause over- dtainane in the a~fected area.
i. Prov:sions for the drainage of off-site areas and out
parcels that presently drain throuqh the site must be provided at
the time of construction permit application.
~. At the time of construction permit application to the
SFMWO, the applicant shall provide reasonable assurances to the
81~WMD that no adverse impacts will occur to the hydrologic regime
of the wetlands proposed for preservation as a result of the
excavation of any proposed lake within 200 feet of any wetland.
If required by the SFWMD, a soil study will be provided as part of
the permit app!ication.
k. The applicant shall commit to a regularly scheduled
vacuum 8weeping of all streets and parking facilities, to be
incorporated as a best management practice.
1. In commercial areas, the applicant shall provide at
least one-half inch of dry detention or retention pre-treatment
as part of the required retention/detention, unless reasonable
assurances can be offered that hazardous materials will not enter
the project's stormwater manaqement system, per SFWMD criteria.
m. Any use of reclaimed wastewater for irrigation will
be in adherence with ~lorida Depart~'.ent of Environmental
Regu~ation (~DER) critera ~ot e~luent use a~acent to ~akea and
wetlands.
n. All project construction shall use Best Management
Practices (BMP.~s) adjacent to preserved wetland areas, proposed
buffers, lakes and swale systems so as not to affect the intended
function of the stormwater manaqement system.
O. The operation of the fitormwater Manaaement System is
dependent on the Golden Gate Canal for an outlet. Therefore, the
conceptual Stormwater Management Plan sba1! demonstrate that the
system is designe~ in accordance with existinq design parameters
for the Golden Gate Canal.
----- w I
p. The applicant shall participate in any appropriate
on-going or future efforts by Collier County to establish a
County-wide Watershed Basin Management Plan,
q. Best Management Practices (BMP's) and monitoring and
maintenance of the stormwater management system shall be implemen-
ted by the applicant in accordance with SFWMD guidelines0
r. All internal stormwater management, lake and wetland
systems shall be identified as easements, common areas, preserves,
oF as separate tracts on the recorded plat.
s. If any changes in water quality monitoring locations,
parameters, and/or frequency are suagested by either Collier
County, FDER, SFW~D, other agencies, or the applicant, such
changes shall be coordinated with the appropriate County and State
agencies.
t. The applicant must receive concurrence from the Big
Cypress Basin Board as to impacts of the project on works of the
Basin.
2. ENERGY t
a. The applicant's commitments as set forth in the ADA.
(and Answers to Sufficiency 0uestions) are adopted! and further
the applicant shall promote the use of water closets with a
maxim~ flush of 1.6 gallons, provided that such facilities are
readily available and comply with all ordinances and regulations.
3. HOUSING
a. The County has committed by 1994 td make available
adequate sites for housing for low and moderate income persons
(Objective 1.4, ~lousing Element, Growth Management Plan). The
SWFRPC recommended that the Applicant either reduce the square
footage of the office or retail commercial by enough to reduce the
demand for affordable housing by 302 units~ or participate on a
proportionate share basis in any county-wide proaram adopted by
1994 to address af~o=dable housina needs and to reserve a site
until tha~ date to enable applicant to participate in such a
program. The applicant has submitted evidence of a substantial
amount of existinq and planned affordable housinq in the immediate
area.
~'.~' b. The square footage of the office commercial component
of Phase XXX of this pro~ect has been reduced by 1¢¢,000 equate
feet, which reduces the affordable housing demand by 302 dwelling
~:. unite.
~:' c. ~pplican~ shall reserve the tract of land lying
~ ad~acent to proposed Eivingston Road eou~h of Golden Gate Parkway
and east of the ~lorida Power and ~ight easement until danuary
1994, to allow participation in a county-wide proportionate abate
p~og~am adopted bM Collier County to address a~fordable housing
~'~ needs that complies with Section 380.06(15)3.(e)1.,
Statutes'(1989}. Three (300) hundred multi-family dwelling units
~-. have been assigned to this ?tact. Xf the County has approached
the affordable housing issue in another manner or has not adopted
i:~:- a oo~nt~-wAde proportionate share p~ogram bM danaary 1~ 1994, said
tract shall be available for general residential purposes.
~'i'~ 4. HORRXCA~E ~VAC~ATIO~=
~.i.~.
~' .
a. All commitments made by ~he applicant in 0uestAon
of the ADA and Su~ficiency Round X~formation, not in conflict with
_i!i': the ~ollowing conditions, are inco~porated as conditions o~ the
Development Order.
.:~. h. The pro~ect shall construct an on-site clubhouse
~'~ ' be phased with the overall development) ~or use as hurricane
~?!' shelter.
--7--
c. The portion of the clubhouse used as a shelter shall
have at least 22,120 square feet of usable floor space at buildout
as determined by the applicant, through consultation with the
county office of emergency management.
d. The portion of the clubhouse used as a shelter shall
be built at an elevation of at least 13.5 feet above mean sea
level (MSL).
e. The clubhouse shall contain emergency facilities
including, food and water supply, power generation,
communications, sanitary facilities and first aid equipment
pursuant to standards established by the applicable agency. The
portion of the clubhouse used as a shelter shall have storm
shutters to protect exposed glass.
f. The applicant (or a homeowners association) shall
annually distribute the County's "Hurricane Information Document"
which provides information on the need for the project to
evacuate,' how to prepare for a storm, and hurricane evacuation
routes in case persons should wish to leave the project.
g. The hotel management shall distribute the County's
"Hurricane Information Document" in the event of a hurricane
emergency. At a minimum, early evacuation shall be recommended
for those rooms below 13.5 feet MSL and provisions to permit
temporary shelter for the evacuated guests in the upper interior
hallway and unrented rooms.
h. The applicant shall meet with the County Emergency
Management Office if appropriate, to coordinate the use of excess
shelter space (if any is available) for the public.
S, TRANSPORTA?ZON~
a. The applicant or his successors shall be fully
'~: responsible for site-related roadway and intersection improvements
· 4~ required within the Halstatt DRI. The applicant shall be required
to pay the full cost for any site-related intersection
'-' improvements (including but not limited to signalization, turn
lanes and additional through lanes) found to be necessary by
Collier County for the project's access intersections onto
~.~'i~'- Airport Road (eR 311, Golden Gate Parkway (CR 886) and the future
Livingston Road. Attached hereto as Exhibit "E" is a list of
access intersections approved for the project and changes that ate
or ma7 be necessary in order to meet the long range transportation
plans for the area. A copy of the signal progression analysis
requested by the Count7 Transportation Department is incorporated
by reference and copies have been submitted to the SWFRP¢, Collier
County and the City of ~aples. The proposed site overpasses
linking the quadrants o~ the project over Airport Road and Golden
Gate Parkway will be designed so as not to in~erfere with the
eventual widening of those roadways.
b. The following regional roadways and intersections are
pro~ected to be significantly impacted (5% of LOS D - peak hour~
peak season) prior to project bulldout.
Roadways ~
.Airport Road (CR 31)
Vanderbilt Beach Road (CR 862) to Radio Road (CR 856)
Golden Gate Pa.r, kwaZ (CR 886)
C, oodlette Road (CR 851) to Santa Barbara Boulevard
,Pine Ridge Road (CR 896)
A~rport Road ('CR 31) to T-75
Intersections =.
Airport Road (CR 31) at Pine Ridge Road (CR 896)
Airport Road (CR 31) at Golden Gate Parkway (CR 886)
Airport Road (CR 31) at Mercantile Avenue
Airport Road (CR 31) at Radio Road (CR 856)
Golden Gate Parkway (CR 8S6) at Goodlette Road (CR 851)
Golden Gate Parkway (CR 886) at Livingston Road
-9-
c. The Applicant shall mitigate its impacts on the
regional and local roadways and intersections-'identified herein as
(i) The Applicant shall make the improvements
specified in 5(a) hereof.
(ii) The Applicant shall dedicate approximately
twenty-five (25) acres to accommodate the expansion of the
following transpoctation facilities; Livingston Road, Golden Gate
parkway, and expansion of the intersection at Golden Gate Parkway
and Airport Road to allow a grade separated urban interchange
with Golden Gate Parkway being the grade separated roadway. The
amounts of right-of-way on each roadway and intersection which
will be dedicated are specified in the PUD Document (Ordinance No.
90-48). The dedications shall be made when the County is ready to
make the improvement necessitating the dedication.
(iii) The Applicant shall be subject to all lawfully
adopted transportation impact fees.
(iv) The Applicant shall build at its expense
Livingston Road from Golden Gate Parkway south to the beginning of
the northern approach to the bridge over Golden Gate Canal. This
road improvement shall be a two-lane rural design built to County
specifications and the construction shall occur in a time period
which will coincide with the construction of Livingston Road from
Radio Road north to Golden Gate Canel and construction oE a bridge
over Golden Gate Canal. The Appicant shall have no responsibility
for right-of-way acquisition except as specified in 5.c.(ii)
hereof.
(v) The Applicant shall be subject to the
Concurrency Management System of the County as set forth herein.
(vi) The Applicant shall be entitled to credits for
dedications under 5.c.(ii) as set forth in the PUD document. The
Applicant shall be entitled to road impact fee credits for the
construction of Livingston Road [paragraph 5.c.(iv)] as mandated
by ~380.06(16)(a), Florida Statutes (1989).
d. The regional roadway segments and intersections on
which this project has substantial impacts are wholly within the
Jursidiction of Collier County. The County has made the decision
to plan for and manage the impacts of this DRI through its duly
adopted comprehensive plan [including the remedial plan amendments
agreed to between Collier County and DCA, pursuant to that certain
Stipulated Settlement Agreement between the parties (DOAH Case No.
89-]299GM)]. The County has considered the regional roadway
segments and regional roadway intersections set forth in 5.b.
hereof and has determined to require the project to be subject to
and to comply with the Concurrency Management System (CMS) of
Collier County as adopted in its Growth Management Plan and
implemented by the recently-adopted Adequate Public Facilities
Ordinance (APF) (Ordinance No. 90-24), a copy of which is attached
hereto as Exhibit 'F'. After due consideration of the
alternatives, the County has determined that to require compliance , ·
with concurrency as mandated by the CMS, in addition to the other '
mitigation reauired in 5.c. hereof, is the aopropriate
way to accommodate the impacts of this project and to assure that
transportation facilities are provided concurrently with the
transportation impacts of this project.
e. The Adequate Public Facilities Ordinance (-APF)
requires the Growth Management Director to complete an Annual
Update and Inventory Report (AUIR) by May 1 of each year on
roads and public transportation facilities based on the adopted
level of service The applicant shall provide within fifteen (15)
days of publication each year a copy of said AUIR on the regional
facilities set forth in 5.b. to the Southwest Florida Regional
Planning Council and the Department of Community Affairs.
-]]-
f. The Board of County Commissioners is required by the
APF to establish Areas of Significant Influence (AS[) around any
road segment or intersection which is operating at an unacceptable
level of service (LOS) or is projected to operate at an
unacceptable LOS and ts not scheduled for improvement in the
Capital Improvement Element (CIE) of the Comprehensive Plan in a
manner and time which would meet the mandates of concurrency
pursuant to said CMS. Projects within the boundaries of an ASI
are, with few exceptions, prohibited from luther development which
impacts the deficient or potentially deficient facility. The
applicant shall notify SWFRPC and ~CA within five (5) working days
after receipt of notice of a public hearing to determine the
boundaries of any ASI on any facilities listed in Section 4.c.
hereof.
g. DCA and SWFRPC are invited and conferred standing to
participate in any public hearing to establish an ASI on any of
the facilities set forth tn Section 4.c. hereof on which Grey Oaks
is (or will within one year) have a "substantial impact" on said
facility. DCA and SWFRPC are granted status as "substantially
affected" persons (as provided in Chapter 120, Florida Statutes)
to challenge the boundaries of any ASI established with regard to
any of the facilities set forth in subsection 4.c. on which Grey
Oaks is (or will within one year) have a "substantial impact" to
the extent that said boundaries include or exclude Grey Oaks.
h. Because of concerns about the assumptions on the
diversionary influence of new facilities inherent in the Project's
traffic analysis, and about the incorporation of planned but
uncommitted improvements in the list of needed improvements for
Phases II and III, the applicant shall submit prior to the
cow~encement of Phase III (for county, regional and state review)
a reanalysis of transportation conditions in the area and the
anticipated impacts of the Halstatt DRI. This reanalysis shall be
In the form of a complete update of Question 31, utilizing a
methodology accepted in advance by all the ceview agencies, and
its conclusions shall be used to modify the conditions of the
Development Order as to Phase III, if appropriate. The reanalysis
may be required earlier during Phase II if the planned parallel
facilities intended to relieve Airport Road, Pine Ridge Road and
Golden Gate Parkway as identified in the DRI, including Livingston
Road and Vanderbilt Beach Road extension, are dropped from the
County's plans or significantly delayed, and additional provisions
to provide these facilities have not been made, or should the
construction of the 1-75 interchange at Golden Gate Parkway be
accelerated so that it will be completed more than two years prior
i. Collier County and the applicant may consider other
options to provide adequate commitments for needed improvements to
transportation facilities set forth in subsection "b" hereof
provided that said options meet the following criteria:
The transportation impacts to the roads and
intersections outlined herein shall be addressed consistent with
SWFRPC policies and said options or mitigative measures shall be
<
adopted in accordance with Section 163.3220-16].3243, Florida
Statutes, which authorizes local government development
agreements. Any such development agreement shall be consistent
with the CMS of the Growth Management Plan of Collier County and
subject to challenge by DCA and SWFRPC to the extent the same
would not fulfill the concurrency r~quirement under said CMS,
which CMS has been deemed by DCA to meet the mandates of
concurrency under Chapter 163, Part II, Florida Statutes (1989),
since remedial plan amendments have been adopted pursuant to said
Stipulated Settlement Agreement (DOAB Case No. 89-1299GM).
6. VEGETATION AND WILDLIFE/WETLANDS:
a. At the time of construction permit application to the
SFWMD, the applicant must provide specific details and appropriate
documentation pursuant to SFWMD criteria which indicates: buffer
areas ad~acent to the wetlands ~dentigied for preservation, the
extent of encroachment into the wetlands, verification that the
proposed control elevations will maintain adequate wetland
hydrOperiods, acreage figures and cross-sections eot all
mitigation areas, a mitination proposal that ia connistent with
gF~dD criteria regarding wetland mitigation ratios, and a
mitigation proposal which includes a wetland monitoring and
maintenance program.
b. Fifty (50%) percent of the existing rock quarry shall
he modified to provide a more natural shoreline with littoral
Y
. zones as credit as additional mitigation for wetland intrusion.
c. Coordination of gopher tortoise relocation details
and development of a management plan shall be submitted to the
Plorida Game and freshwater Plsh Commission, SWPRP¢ and Collier
County by the applicant prior to development of any active gopher
tortoise burrows.
d. On-site gopher tortoises shall be relocated on-site
within t~e powerline easement.
e. Uplands shall be preserved in the form of buffer
zones, parks, recreational open spaces and natural areas.
Portions of the golf course areas will be left in their natural
state to serve as habitat for many species.
f. The Butterfly Orchids shall be preserved within the
on-site wetland preserves.
g. Other wetland mitigation measures shall include the
following~ establishment of upland buffers adjacent to isolated
wetlands, preservation of unique uplands, establishment of
approximately 14~ acres of vegetate~ lake littoral zones, removal
O~ all exotic vegetation, restoration o~ historic wetland
hydroperiods, and preservation of approximately 56+ acres of
wetlands, pursuant to criteria of the appropriate agencies.
h. All other commitments made by the applicant in either
the ADA or sufficiency round information, not in conflict with the
above recommendations, shall be incorporated as conditions for
development order approval.
7. CONSISTENCY WITH THE LOCAL COMPREHENSIVE PLANs
a. Collier County and the City of Naples have determined
the proposed project to be consistent with their respective
Comprehensive Plans and that the project's phasing is consistent
with the county's and city's concurrency management plans relative
to public facilities necessary to support the project.
8. GENERAL CONSIDERATIONS~
a. All commitments and impact mitigating actions
provided by the applicant within the Application for Development
Approval (and supplementary documents) that are not in conflict
with specific conditions for project approval outlined above are
officially adopted as conditions for approval.
b. The development phasing schedule set forth in the PUD
Document (Table II, Exhibit G) is incorporated as a condition of
approval. If development order conditions and applicant
commitments incorporated within the development order, ADA or
sufficiency round responses to mitigate regional impact are not
carried out as indicated to the extent or in accord with the
schedules specified within the development order, then this shall
be presumed to be a substantial deviation for the affected
regional issue.
c. Pursuant to Chapter 380.06(16), the applicant shall
receive credit for contributions, construction, expansion~ or
acquisit%on of public facilities if the developer is also subject
by local ordinances to impact fees or exactions to meet the same
needs. The local qovernment and the developer may enter into a
capital contribution front-ending agreement to reimburse the
developer for voluntary contributions in excess of the fair
8hare.
9. P.U.D. DOCUMENT:
a The conditions and commitments of the approved
Grey Oaks PUD document, as the same may be o~icially modified
from time to time, are hereby incorporated and attached hereto as
Exhibit "G".
10. SCHOOL DISTRICT~
~.,'?,~!: .~ The ApPlicant shall dedicate a fifteen (15) acre school
I i site to the Collier County School District at a location
~,t,~'~,,..,... District.(°ff-stte) agreed upon between the Applicant and the School
,~...~ 1 1. FIRE PROTECTION ~
~.: The Applicant shall dedicate a 1.5 acre site for
~:{ protection and emer.ency medical services during the first
},, of the project pursuant to the terms set forth in the PUD
,~. Doc~ent.
BE IT FURTHER RESOLVED by the Board of County Co~fssioners
of Collier County, Florida, that:
1. The Community Development Administrator shall be the
local official responsible for assuring compliance with the
Development Order.
2. This Development Order shall remain in effect for
twenty-two (22) years from the date of adoption. However, in the
event that significant physical development does not commence
within five (5) years of the adoption of this Development Order,
development approval will terminate and this development order
shall no longer be effective. For purposes of this requirement
~ drainage or landscaping but does include construction of buildings
or installation of utilities and facilities such as sewer and
. ",i.(/.. water lines. This time period may be extended by the 8card of
~,~ ~ County Commissioners upon request by the Developer In the event
that uncontrollable circumstances delay the commencement of
'~:" development.
3. The definitions contained in Chapter 380, .Florida
Statutes,, shall control the interpretation and construction of any
terms of this Development Order.
4. Pursuant to Section 380.06(15)(c)3, Florida Statutes,
this project is exempt from down-zoning or intensity or density
reduction for a period of ten (10) years from the date of adoption
of the Development Order, subject to the conditions and
limitations of said Section of the Florida Statutes, provided that
physical development commences within five (5) years as provided
in Paragraph 2 hereof.
5. The applicant or its successor(s) in title to the subject
property shall submit a report annually, commencing one year
from
the effective date of this development order, to the Board of
County Commissioners of Collier County, the Southwest Florida
Regional Plannin.~ Council, and the Department of Community
A~fairs. This report shall contain the information required in
Section 9J-2.025(7), Florida Administrative Code. This report
shall be prepared in accordance with the "DRI Monitoring Format",
as may be amended, provided by the SWFRPC. Failure to submit the
annual report: shall be governed by Subsection 380.06(18), Florida
Statutes.
6. Subsequent requests for development permits shall not
require further review pursuant to Section 380.06, Florida
of Collier County, after due notice and hearing, that one or more
of the followin~ is present~
a. A substant£al deviation from the terms or conditions
~' of this development order, a substantial deviation to the project
~,. development phasing schedule, or substantial deviation from the
;. approved development plans which create a reasonable likelihood of
additional regional impacts or other types of regional impacts
which were not previously reviewed by the Southwest Florida
Regional Planning Council~ or
b. An expiration of the period of effectiveness of this
.~. development order as provided herein. Upon a finding that either
of the above is present, the Board of County Commissioners of
Collier County may take any action authorized by Chapter
:~:;'. 380.06(19), Florida Statutes, pending issuance of an amended
development order.
7. The approval granted by this development order is
limited. Such approval shall not be construed to obviate the duty
!; of the applicant to comply with all other applicable local, state
,~, or federal permitting procedures.
~.. ' 8. The definitions contained in Chapter 380, Florida
;" Statutes, shall control the interpretation and construction o£ any
terms of this development order.
9. It is understood that any reference herein to any
governmental agency shall be construed to mean any future
;~ instrumentality which may be created or designated or successor in
interest to, or which otherwise possesses any of the powers and
duties of any referenced governmental agency in existence on the
:~' effective date of this Order.
:~. 10. In the event that any portion or section of this Order is
~: determined to be invalid, illegal, or unconstitutional by a court
or agency of competent Jurisdiction, such decision shall in no
"':".. manner, affect the remaining portions of this Order which shall
L'. remain in full force and effect.
11. This Order shal! be binding upon the County, the City o~
'~' Naples and the Developer, their asstqnees or successors in
interest.
:.'} 12. This Development Order shall become e~[ective as provided
by law.
¥~ 13, Certified cop[es o~ this O~de~ nhall be p~ov[ded to the
Department of Community A~fairs and the Southwest Florida Regional
Planninq Council as provided in Section 380.06(251(q), Florida
,~. Statutes.
~ DULY PASSED AND ADOPTED THIS 6ch DAY OF JUNE , 1990.
· ~,., ~T~ST,, ~OA~ OF COUN?Y CO..ISS~ON~RS
,,', , COLLIER~t~OUNTY, FLORIDA.'9
. . ..
~' AP~ROVBD AS ~0 ~0~ AND ' ~EGAL SUFFICIENCYJ
CO~T] A~ORHEY
HALSTATT PARTNERSHIP PROPERTIES
Legal Description
All that part of Section 24, Township 49 South, Range 25 East,
Collier County, Florida, lying easterly of that 100 foot canal
right-of-way as described in O.R. Book 154, page 6, Public
Records of Collier County, Florida;
ALSO
All that part of Section 25, Township 49 South, Range 25 East,
Collier County, Florida, lying easterly of that 100 foot canal
right-of-way as described in O.R. Book 154, page 6, O.R. Book
873, page 1879 and O.R. Book 873, page 1882, all of the Public
Records of Collier County, Florida;
LESS Golden Gate Parkway (C-886) as described in O.R. Book 465,
page 275, and O.R. Book 465, page 278, Public Records of Collier
County, Florida;
ALSO LESS those lands as described in O.R. Book 194, page 603 and
· O.R. Book 640, page 229, Public Records of Collier County,
Florida~
ALSO
All that part of Section 26, Township 49 South, Range 25 East,
Collier County, Florida, lying westerly of Airport-Pulling Road
(C-31) and northerly of Golden Gate Parkway (C-886);
LESS that portion thereof as described in O.R. Book 539, page
370, Public Records of Collier County, Florida;
above property subject to easements and restrictions of record;
containing 1601.39 net acres more or less.
LIST OF EXHIBITS
HALSTATT DEVELOPMENT ORDER
Exhibit 'A" Legal Description
Exhibit "B" Interlocal Government Agreement
Exhibit "C" Develo~ent Agreement
Exhtbi~ "D" ADA and Sufficiencles (by reference)
Exhibit 'E" Access Intersections
Exhibit "F" APF Ordinance
Exhibit 'G" PUD ~cument
*~E~IBITS ON FILE IN ~E CLE~ TO BOA~ OFFICE~*