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Ordinance 89-035ORDINANCE 89- 35 A~N ORDINANCE AMENDING PUD ORDINANCE 77-18, WlqICH ESTABLISHED THE PELICAN BAY PLA3{NED UNIT DEVELOPMENT, BY AMENDING THE FOLLOWING SECTIONS OF THE ORIGINAL PUD DOCUMENT: INDEX PAGE BY DELETING NEIGHBORHOOD COM~4ERCIAL - SECTION IX, ;%MENDING LIST OF EXHIBITS BY ADDING "EXHIBIT L" HOTEL LOCATION RESTRICTION AND EXHIBIT "M" HEIGHT RESTRICTION FOR PORTIONS OF GROUP 4; ~MENDING SECTION II -. PROJECT DEVELOPMENT, SUBSECTIONS 2.08 - RESIDENTIAL, BY INCREASING ACREAGE iN THE GROUP 2 PARCELS, DECREASING ACREAGE IN GROUP 3 PARCELS AND DECREASING I/NITS IN THE GROUP 4 PARCELS, AMENDING TABLE 1 - PELICAN BAY LAND USE SCHEDULE BY ADDING MAXIMUM SQUARE FOOTAGE OF COr~MERCIAL, REALLOCATING COM~ERCIAL ACREAGE AND DECREASING MAXIMUM NUMBER O~ DWELLING UNITS, AMENDING SUBSECTION 2.09 PROJECT DENSITY BY DECREASING TOTAL ACREAGE AND N~4BER OF DWELLING UNITS TO BE BUILT PER GROSS ACRE, AMENDING SUBSECTION 2.10 PERMITTED VARIATIONS OF DWELLING UNITS AND TOTAL NUMBER OF DWELLING UNITS NOT TO EXCEED 8600 UNITS; AMENDING SECTION VII - GROUP 4, AMENDING SUBSECTION 7.02 - MAXIMUM DWELLING UNITS BY DECREASING NUMBER OF DWELLING UNITS, AMENDING SUBSECTION 7.03 - USES PERMITTED, PARAGRAPH B.4) - PRINCIPAL USES REQUIRING SITE PLAN APPROVAL BY DECREASING HOTEL UNITS AND PLACING LIMITATIONS ON LOCATIONS, AMENDING SUBSECTION 7.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES BY PROVIDING HEIGHT LIMITS FOR CERTAIN RESIDENTIAL AREAS; DELETING SECTION '~ IX - NEIGHBORHOOD COMMERCIAL AND RENUMBERING SUBSEQUENT SECTIONS AND SUBSECTIONS; ._ AMENDING SECTION IX, AS RENUMBERED - '.,-~ COM]~UNITY AND AREA COMMERCIAL SUBSECTIONS, '"'~ ~4ENDING SUBSECTION 9.02, AS RENUMBERED - ~2~ENDING SUBSECTION 9.06, AS RENUMBERED - BUILDING SEPARATION BY CHANGING REFERENCE TO SECTION NUMBER, AMENDING SUBSECTION 9.08, AS RENUMBERED - MAXIMUM HEIGHT BY PROVIDING A HEIGHT LIMITATION, AMENDING SUBSECTION 9.10, AS REN~4BERED - MINIMI/M LANDSCAPING BY ADDING ADDITIONAL LANDSCAPE BUFFER, AMENDING SUBSECTION 9.11, AS RENUMBERED - LIMITATIONS ON SIGNS BY ADDING DIRECTIONAL SIGNAGE; ADDING SUBSECTION 9.13, AS RENUMBERED - SITE PL~ APPROVAL; ADDING SUBSECTION 9.14, AS RENUMBERED - MAXIMUM COMMERCIAL SQUARE FOOTAGE; AMENDING SECTION XII, AS REN~{BERED - DEVELOPMENT COMMITMENTS, SUBSECTION 12.3, AS RENUMBERED - TRA~NSPORTATION BY PROHIBITING CONNECTION OF CRAYTON ROAD IN PELICAN BAY TO SEAGATE DRIVE; AMENDING PUD MASTER PLAN AND OTHER INCIDENTAL CHANGES FOR PROPERTY LOCATED WEST OF US-41, SOUTH OF VANDERBILT BEACH ROAD AND NORTH OF SEAGATE DRIVE IN SECTIONS 4, 5, 8, 9, TOWNSHIP 49 SOUTH, P~NGE 25 EAST AND SECTIONS 32, 33, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA AND BY PROVIDING AN EFFECTIVE DATE. "Words s~ru=k-%h~gh are deleted; words ~ are added.,, 369 ~EREAS, on April 19, 1977, the Board of County Commissioners approved Ordinance Number 77-18, which established Pelican Bay Planned Unit Development; and W~EREAS, Community Development Division of Collier County and Westinghouse Communities, Incorporated, petitioned the Board of County Commissioners of Collier County, Florida, to amend Ordinance Number 77-18, by amending the Sections and Paragraphs as stated in the Ordinance Title. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: Sections of Ordinance 77-18, which established the Pelican Bay Planned Unit Development, as identified in the Ordinance Title and Exhibit "A" as being proposed for amendment, are hereby amended as set forth in Exhibit "A" to read as follows: (See attached Exhibit "A") This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. BOARD OF COUNTY COMMISSIONERS COLLIER~COUN~IY, FLORIDA B~T L. SANDERS, C~I~ ~ J~ES C. *G~S, CLE~ ~ORIE M. STUD~T ASSIST~T CO~Y ATTO~EY PDA-89-7 ORDINANCE "Words s~=uek-th~e~gh are deleted; words underlined are added." --2-- INDEX OF CHANGES TO PUD COVER INDEX LIST OF EXHIBITS SECTION II SECTION VII SECTION IX SECTION SECTION X .SECTION XI SECTION XII EXHIBIT "C" EXHIBIT "L" EXHIBIT "M" PAGE ii 2-5 2-6 2-7 7-1 7-3 9-1 9-2 9-3 9-1 9-2 9-3 9-4 9-5 10-1 10-2 11-1 12-1 12-2 12-3 12-4 12-5 12-6 12-7 EXHIBIT A PLANNED UNIT DEVELOPMENT DOCUMENT FOR PELICAN BAY A PLANNED UNIT RESIDENTIAL COMMUNITY WESTINGHOUSE COMMUNITIES OF NAPLES, INC. (FORMERLY CORAL RIDGE-COLLIER PROPERTIES, INC.) APRIL 8, 1977 AS AMENDED THROUGH JUNE 198! PELICAN BAY PLANNING TEAM gommunity Planning ENVIRONMENTAL PLANNING & DESIGN Miami Lakes, Florida Environmental Engineering - GEE & JENSON ENGINEERS-ARCHITECTS-PLANNERS, INC. West Palm Beach, Florida ~olo~ical Studies TROPICAL BIO-INDUSTRIES DEVELOPMENT CO. Miami, .Florida Economic Analysis MARCOU, O'LEARY AND ASSOCIATES, INC. Washington, D.C. Traffic Design POST, BUCKLEY, S~HUH & JERNIGAN, INC. Miami, Florida Golf Course Design ARTHUR HILLS AND ASSOCIATES Toledo, Ohio Local Coordinating Consultant WILSON, MILLER, BARTON, SOLL & PEEK, INC. Naples, Florida Legal Counsel SMITH, YOUNG & BLUE, P.A. Attorneys at Law Tallahassee, Florida ~, ~!~, .. ,, ;~,~,,!:, :. ,~, ~F. : ...'.: -~Y'-'~:;:" LIST OF EXHIBITS ~',/:-':,~',/':. STATEMENT OF COMPLIANCE INDEX PROPERTY OWNERSHIP & DESCRIPTION PROJECT DEVELOPMENT UTILITY SERVICES RESIDENTIAL GROUP i RESIDENTIAL GROUP 2 RESIDENTIAL GROUP 3 R~SIDENTIAL GROUP 4 GOLF COURSE COMMUNITY & AREA COMMERCIAL CONSERVATION AREA UTILITY AREA DEVELOPMENT COMMITMENTS PAGE SECTION I 1-1 SECTION II 2-1 SECTION III 3-1 SECTION IV 4-1 SECTION V 5-1 SECTION VI 6-1 SECTION VII 7-1 SECTION VIII 8-1 SECTION IX SECTION X SECTION XI SECTION XII 9-1 10-1 1!-1 12-1 3'74 EXHIBIT A EXHIBIT B EXHIBIT C EXHIBIT D EXHIBIT E EXHIBIT F EXHIBIT G EXHIBIT H LIST OF EXHIBITS Evidence of Control of Property Vicinity Map Site Plan Boundary Map Topography Map Soils Map Vegetation Map Pelican Bay Improvement District Act EXHIBIT I Estimated Unit Absorption Schedule and Population Projection EXHIBIT J Internal Roadway Requirements' EXHIBIT K Traffic Signal Locations EXHIBIT L Hotel Location Restriction EXHIBIT M Height Restriction for Portions of Group 4 EXHIBIT N Agreement between Collier County Planning Commission and Westinqhouse Communities of Naples~ Inc. 375 STATEMENT OF COMPLIANCE The development of approximately 2104 acres of property in Sections 32 and 33, Township 48 South, Range 25 East and Sections 4, 5, 8, and 9, Township 49 South, Range 25 East, Collier County, Florida, as a Planned Unit Development to be known as PELICAN BAY will comply with the planning and development objectives of Collier County. These objectives are set forth in the Comprehensive Plan which includes the Growth Policy and Official Land Use Guide, all of which were adopted by the Board of County Commissioners on October 14, 1974. PELICAN BAY will meet the planning and development objectives for the following reasons: 1) This property is surrounded by developed property on three adjacent landward sides. 2) An arterial roadway is in existence along the project's eastern boundary. There are also roadways along the north and south boundaries of the proposed project. 3) The property is entirely within the boundaries of the Pelican Bay Improvement District which was created by the Florida Legislature for the purpose of providing water management, potable water and wastewater treatment facilities for the proposed development. 4) The proposed land use mix is compatible with the surrounding uses. 5) The project rates points in excess of the 31 points necessary to determine it to have existing community facilities and services for the residential density and permitted uses of the proposed plan and therefore is not leapfrog growth. 6) The project shall comply with the applicable zoning and subdivision regulations and all other County and State laws dealing with platting and subdividing of property at the time improvements and plat approvals are sought. !~00~ iii 1.01 1.02 1.03 1.04 1.05 SECTION I PROPERTY OWNERSHIP & GENERAL DESCRIPTION INTRODUCTION AND PURPOSE It is the intent of Coral Ridge-Collier Properties, Inc. (hereinafter called "applicant" or "developer") to establish and develop a planned unit development on approximately 2,104 acres of property located in Collier County, Florida, Just north of the City limits of Naples. It is bordered on the west by the Gulf of Mexico and on the east by U.S. Highway 41 (Tamiami Trail). The northern boundary of the property is Vanderbilt Beach Road. The southern edge of the property is bounded by Seagate Drive. It is the purpose of this document to provide the required detail and data concerning the development of the property. NAME The development will be known as PELICAN BAY. LEGAL DESCRIPTION All that fractional part of Section 32, lying South of Vanderbilt Beach Road; and all of Section 33, lying South of Vanderbilt Beach Road and West of State Road 45 (U.S. 41); all in Township' 48 South, Range 25 East, Collier County, Florida. AND ALSO, all of'Sect/on 4, lying West of State Road 45 (U.S. 41); all fractional parts of Government Lots 1 and 2, Section 5; all fractional part of Section 8; and all of Section 9, lying West of State Road 45 (U.S. 41), excepting therefrom the South ,70 feet of the SoUtheast 1/4, and the South 70 feet of the East 158.25 feet of the Southwest 1/4; all in Township 49 South, Range 25 East, Collier County, Florida. TITLE TO PROPERTY The southern 500 acres of the proposed development are owned by Coral Ridge-Collier Properties, Inc. The northern 1,604 acres are under option as described in Exhibit "A", Evidence of Control of Property. GENERAL DESCRIPTION OF PROPERTY AREA The general location of PELICAN BAY, the current zoning classifications of surrounding properties, and nearby land developments are iljustrated by .Exhibit "B", Vicinity Map. 1-1 3'77 1.06 The project site contains approximately 2,104 acres of property with approximately three miles of frontage along the Gulf of Mexico. At the time of this application the property was zoned GRC, R~4-1 and RS-4. Certain portions along the western edge of the property were designated "Special Treatment (ST)" as shown on Exhibit "B", Vicinity Map. PHYSICAL DESCRIPTION Elevations within the project site range from sea level to approximately nineteen (19) feet above sea level as shown on Exhibit "E", Topography Map. The soil types of the site are shown on Exhibit "F", Soils Map and are discussed in detail in Section 20.B.6 of the Application for Development Approval of a Development of Regional Impact. The vegetation on the. site is shown on Exhibit "G", Vegetation Map and is discussed in detail in Section 20.B.2 of the Application for Development Approval of a Development of Regional Impact. 2.02 2.03 SECTION II PROJECT DEVELOPMENT PURPOSE The purpose of this Section is to generally describe the project plan of the development and delineate the general conditions that will apply to the entire project. GENERAL PLAN OF DEVELOPMENT The general plan of development of PELICAN BAY is for a planned residential community including a mixture of single and multi-family dwelling units with commercial areas, golf course, school sites, governmental facilities sites, neighborhood and community parks and protected beaches and wetlands. GULF-FRONT LAND The applicant recognizes the importance of the availability of Gulf-front land for the use of those persons residing within the PELICAN BAY development and for use by the general population of Collier County. The applicant also recognizes the importance of setting aside large areas which are environmentally sensitive. When the applicant receives all local, state, federal or other regulatory agency development permits, including fill permits, and complete development is permitted in accordance with this ordinance as adopted, the applicant shall satisfy th~ requirements for Gulf-front land use for the residents of PELICAN BAY and the general Collier County population in the following ways: a. The residents of PELICAN BAY: When the above condition is met, the applicant shall file covenants on approximately 530 acres of uplands, wetlands and open water areas, which are environmentally sensitive, including approximately 'one and one-quarter miles of beachfront immediately north of Clam Pass. The use of this land will be restricted by covenants for preservation, conservation and limited recreational use ~.nd this area is identified on the pro3ect development map as the area labeled "Conservation". b. General Collier County population: When the above condition is met, the applicant shall convey approximately 36 acres, which includes three-quarters of a mile of beachfront immediately south of Clam Pass to Collier County. This conveyance will contain e covenant restricting its use for a public beech with related recreational activities and in the event that development or fill permits are modified or withdrawn at anytime during the d~velopment process without writtcn consent agreement between the applicant and Collier County or in the event that Collier County violates the provisions of the covenant restricting the use of the beach for a public beach with related recreational activities, then and in either one of those events the ownership of the property shall revert to the applicant. 2.04 The applicant shall reserve a minimum of two (2) acres within the southern portion of Group 4 upon which Collier County may construct a parking lot in connection with any county constructed accessway to the 36 acres of Gulf-front land. The applicant will convey the 2 acres of Group 4 properties to Collier County at the time Collier County constructs a beach accessway. c. When the above condition is met, the applicant shall develop, on approximately five (5) acres located at the northwest corner of PELICAN BAY adjacent to Vanderbilt Beach Road and the Gulf of Mexico, approximately 120 parking spaces and then convey the same to Collier County for public beach access purposes. The accomplishment of 2.03(a), (b) and (c) above being contingent upon the conditions of 2.03 being met, and the transfer of dwelling units from the ST areas and the placing of conservation zoning thereon being in contemplation of the conditions of 2.03 being met and the applicant being allowed to develop 98 acres of wetlands in the northwest corner of Group 4; it is specifically understood that, in the event said conditions are not met and the applicant is not a~lowed to develop the 98 acres or any part thereof, then to the extent that the applicant is not allowed to develop any part of the 98 acres heretofore described, it is the intent of the applicant to apply for a modification to this PUD document to allow the applicant to develop an equal amount of the Conservation area as Group 4 property. SPECIAL TREATMENT (ST) REGULATIONS The adoption of this document shall constitute satisfaction of the "SPECIAL REGULATIONS FOR (ST) AREAS OF E~IE'DNMENTAL SENSITIVITY" and the transfer of the applicant's development rights from "ST" lands to "non-ST" lands, in compliance with the applicable sections of the Zoning Ordinance of Collier County to permit development as herein described. 2-2 2.05 2.06 SITE PLAN APPROVAL When site plan approval is r6qutred by this document the following procedure shall be followed: a. A written request for site plan approval shall be submitted to the Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to ad3oining properties, or otherwise detrimental to the public w~lfare. Such material may include, but is not limited to the following, where applicable: 1) Site plans at an appropriate scale showing proposed placement of structures on the property; provisions for ingress and egress, offstreet parking and offstreet loading areas, refuse and service areas; and required yards and other open spaces. 2) Plans showing proposed hook-up; locations for utilities Plans for screening and buffering with references as to type, dimensions, and character; 4) Proposed landscaping and provisions protected by County regulations; and for trees 5) Proposed signs and lighting, dimensions and character. including type, LAND USE Table 1 is a schedule of the intended land use types, with approximate acreages and total dwelling 'units indicated. The arrangement of these land use types is shown on Exhibit "C", Site Plan. Variations in acreages shall be permitted at final design to accommodate topography, vegetation and other site conditions. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be submitted to and approved by the Director at the time of Master Plan approval of each development phase as required by the Collier County Subdivision Regulations. 2-3 2.07 FRACTIONALIZATION OF TRACTS When Coral Ridge-Collier Properties, Inc. sells an entire tract or a building parcel (fraction of a tract) to a subsequent owner, Coral Ridge-Collier Properties, Inc. shall provide to the Director for approval or denial prior to the sale, a boundary drawing showing the tract and the building parcel therein when applicable and in the case of a residential area, the number of dwelling units of each residential group assigned to the property being sold. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. In the event any residential tract or building parcel is sold by any subsequent owner, as identified in Section 2.07(a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial, prior to the sale of a fractional'part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein and the number of dwelling units assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. In the event a commercial tract or bufldtng parcel is sold by any subsequent owner, as identified in Section 2.07 ' (a), in fractional parts to other parties for development, the subsequent owner shall provide to the Director for approval or denial prior to the sale of a fractional part, a boundary drawing showing his originally purchased tract or building parcel and the fractional parts therein. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. If approval or denial is not issued by the Director within 10 working days, the submission shall automatically be approved. d. The developer of any tract or building parcel must submit at the time of application for a building permit, a detailed plot plan for his .tract or parcel. Such plot plan shall show the proposed location of all buildings, access roads, offstreet parking and offs~reet loading areas, refuse and service areas, required yards and other open spaces, locations for utilities hook-up, screening and buffering, signs, lighting, landscape plan, other accessory uses and structures and in residential areas, the distribution of dwelling units among the proposed structures. 2-4 2.08 RESIDENTIAL The information hereinafter provided identifies each resident£al group; the total acreage p-~ group and the total dwelling units per group. a) Group 1 parcels have a total of 278 acres. A maximum of 600 dwelling units will be placed on Group i parcels in accordance with Section 4, except as provided in Section 2.10. b) Group 2 parcels include-~7~- 390 acres. A maximum of 2314 dwelling units will be plaCEd on Group 2 parcels in accordance with Section 5, except as provided in Section 2.10. c) Group 3 parcels include 44~6- 116 acres. A maximum of 1686 dwelling units will be placed on Group 3 parcels in accordance with Section 6, except as.provided in Section 2.10. d) Group 4 parcels include 343 acres. A maximum of ~ 4000 dwelling units will be placed on Group 4 parcels in accordance with Section 7, except as provided in Section 2.10. 2-5 TABLE PELICAN EAY LAND USE SCHEDULE LAND USE TYPE APPROXIMATE ACREAGE MAXIMIR4 SQUARE FEET GROSS BLDG.AREA MAXIMUM NO. OF D.U. RESIDENTIAL Group i 278 Group 2 S~k 390 Group 3 ~35 116 Group 4 343 COMMERCIAL Area $~ 48.7 Cgmmunlty ~6 50.2 Total 98.9* 640,400 454,600 ~,095,000 *not tncludtn~ public roads and lakes 600 2314 1686 6gg9--4000 PUBLIC FACILITIES Utility 19 Schools 45 Major Public Roads 112 Government Admin. /Community Park 20 (also included in Group 2) (also included in Group 2) OPEN SPACE & RECREATION Conservation Area Golf Course, Tennis Club & Golf Club Neighborhood Parks Philharmonic Hall 570 171 20 6.5 (also included in Residential areas) TOTAL 2,104 Acres 9688 8600 2-6 2.09 PROJECT DENSITY The total acreage of the PELICAN BAY property is approximately 2,104 acres. The maximum number of dwelling units to be built on the total acreage is 8600. The number of dwelling units per gross acre is ~pproximately-4rS. 4. The density on individual parcels of land throughout-the project will vary according to the type of housing placed on each parcel of land. 2.10 PERMITTED VARIATIONS OF DWELLING UNITS Each tract shall be permitted to be developed with the maximum number of dwelling units as assigned by Sections 2.06 and 2.08 provided that the applicant may increase the maximums by not more than 10%; and provided further that the total dwelling units for the entire project shall not exceeed -9699 8600. The Director shall be notified in accordance with Section 2.07 of such an increase and resulting reduction in another tract so that the dwelling units will be balanced at~o~ 8600. 2.11 DEVELOPMENT SEQUENCE AND SCHEDULING The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 28 to 34 year time period, any projection of project development can be no more than an estimate based on current marketing studies. The estimate may of course, change depending upon future economic factors. Exhibit "I" indicates, by year, the estimated absorption of units (by unit type) and the approximate population of the project (assuming full occupancy) for %he estimated 28-34 year development period. 2.12 RECREATIONAL FACILITIES SCHEDULE The applicant shall cause the following recreational facilities to be constructed subject to obtaining all permits. The schedule for development of these facilities relates to the issuance of building permits according to the following table. Non-compliance with this schedule will result in withholding of additional permits until compliance is achieved. FACILITY OR SITE BUILDING PERMITS FOR NOT MORE: 400 Units 700 Units 1600 Units Golf Course 9 holes 9 holes Clubhouse w/Pool* X & Tennis Courts Boat Launch/Boat Dock** X 'Boardwalk X Nature Trail X Neighborhood Parks** Gqvernment Adm~nistration 5 acres per each 1,000 units for ---~Sit:~/Communit¥ P,rk Site*** first 4,000 Units 2-7 , oK 035 , 385 Clubhouse for golf and tennis combined - 5,000 square feet minimum. Neighborhood parks to total a minimum of 20 acres. Boat launch/boat dock is included as part of the neighborhood parks. Government administration site/community Park site to be a maximum of 20 acres. 2.13 2.14 2.15 AMENDMENT OF ORDINANCE Both the County and the developer, with knowledge that the long range development plan permitted by the ordinance will not be complete for a period of 28 to 34 years, recognize that exceptions, variances, or amendments to this ordinance may be necessary in the future. Obviously, there may be changes in Planning techniques, engineering techniques, transportation methods, and other factors that would warrant this ordinance being amended to meet standards of the time. All petitions or requests for exceptions, variances and amendments shall conform with the procedures existing at' the time of the application for the exception or amendments. TREE REMOVAL Ail clearing, grading, earthwork, and site drainage work shall be performed in accordance with the approved PUD site plan and all applicable codes. Prior to any such removal, a site clearing plan must be submitted to the Director for review and approval to insure that said removal shall be carried out under proper FORESTRY MANAGEMENT PRINdlPALS. Protected trees shall be flagged, clearly marked and/or fenced during periods of construction so as to eliminate or minimize their damage. DEFINITIONS For the purposes Document: of this Planned Unit Development (1) "Recreational Club" means an association established to specifically provide for the conduct of leisure activities, sports activities, hobbies, or games, as well as related acti%ities including but not limited to food service, alcoholic and non-alcoholic beverage sales, locker room and shower facilities, workshops and meeting facilities which further the enjoyment, entertainment, relaxation, and comfort of those persons which the club is intended to serve. 2-8 2.16 (2) "Hotel or Motel Unit" means a unit designed for transient occupancy and utilized for rental to transients· A hotel or motel unit may have cooking or eating facilities. A hotel or motel unit shall contain bathing and sanitary facilities. All othar definitions shall be as Zoning Ordinance of Collier County. contained in the In addition to stgnage pezmitted under the provisions of the Pelican Bay Planned Unit Development Document, project identification signage identifying the Pelican Bay community and certain major uses (i.e., hotels, commercial areas, public facilities, recreational facilities and areas) contained within the boundaries of the Pelican Bay planned unit Development are permitted to be located at: The intersection of U.S. Road, and 41 and Vanderbilt Beach B. The intersection of U.S. 41 and Seagate Drive, and C. Major roadway and street entrances to Pelican Bay from surrounding roads: Along U.S. 41: at no more than three (3) major entrances; e Along Seagate Drive: at no more than one(l) major entrance; Along Van~erbilt Beach Road: at no more than one (1) major entrance; D. Sign Development Standards: These signs replace any signage permitted by the Zoning Ordinance at these locations. The following locations are not included in the locations referenced in C. above: The southeast corner of the intersection of U.S. 41 and the southernmost part of Pelican Bay Boulevard; Laurel Oak Drive and U.S. 41; the west side of the inter-section of Seagate Drive and West Boulevard. Ail such signage shall be a principal permitted use in all land use categories within the boundaries of the Pelican Bay Planned Unit Development and shall not be deemed or considered to be off-site signage. 4. Project identification signage at the intersections referenced in A. and B. above herein shall not exceed 250 square feet in the aggregate per intersection, and project identification signage at the entrance locations referenced in C..shall not exceed 100 square feet in the aggregate per entrance. No individual sign shall have height greater than twelve (12) feet. No more than two (2) structures containing signage shall be permitted at each such location, and major uses identified in addition to the Pelican Bay community shall not exceed a total of four (4) in number at each such location. No sign shall be located greater than fifty (50) feet from any other project identification stgnage at said locations. 6. Project identification s/gnage at the locations referenced in A~ and B. above shall be located within an area defined by a triangle, two sides of which shall be 100 feet along adjoining roadways. Every effort shall be made to remove as little as possible of protected plant species. All provisions of the Tree Removal Ordinance (Ordinance 75-21 and any future amendments) shall be met. Should any of the signs be requested to be placed ' within public right-of-way, a right-of-way permit must be'applied for and approved. 9. All signs shall be located so as not to .cause sight distance problems. 10. All signs shall require sign permits and other applicable permits prior to construction and/or erection. 2-10 3.01 SECTION III UTILITY SERVICES TO PELICAN BAY GENERAL The Pelican Bay Improvement District was created by action of the Florida Legislature in 1974. The specific law creating the district is Chapter 74-462 of the Florida Statutes. The district is a political subdivision of the State of Florida charged with the specific responsibility to design, finance, build, operate, and maintain (1) sewerage system (2) potable water system and (3) surface water management and control system. The law provided for a Board of Supervisors of the Pelican Bay Improvement District to carry out the duties delegated to it. The law established the original five members of the Board of Supervisors as appointed by the Collier County Commission. Those individuals will hold office until. there is an election among the qualified electors of the District to determine membership on the Board of Supervisors. The Board of Supervisors, in order to carry out the duties and responsibilities assigned to it, was granted certain powers and authorities by the Legislature. Specifically, the district, through the Board of Supervisors can enter into contracts; borrow money; issue bonds; assess lands for special taxes; provide special user assessments; own and acquire interests in land; employ professionals and other necessary persons to carry out the duties; and, if necessary bring legal actions. The Legislature of the State of Florida specifically expressed that the purpose of the district was to "facilitate development" of utility services. A copy of the Pelican Bay Improvement District Act, Chapter 74-462 of the Florida Statutes, is attached hereto as Exhibit "H". a) Water Supply and Treatment Facilities The Pelican Bay Improvement District is charged with the responsibility of providing a water system for the PELICAN BAY project. b) Sewerage Treatment Facilities The Pelican Bay Improvement District is charged with the responsibility of providing a sewerage system for the PELICAN BAY project. 3-1 035 :3'89 3 · 02 3.03 3.04 3.05 3.06 c) Water Management Control Facilities The Pelican Bay Improvement District is charged with the responssuility of providing water management and control. SOLID WASTE COLLECTION Solid waste collection for the PELICAN BAY project will be handled by the company holding the franchise for solid waste collection for the county. ELECTRIC POWER SERVICE Florida Power and Light Company will provide electric service to the entire project. TELEPHONE SERVICE Telephone service will. be supplied to the PELICAN BAY project by United Telephone Company of Florida. TELEVISION CABLE SERVICE The PELICAN BAY project falls within the franchise areas of two television cable companies. Those companies are the South Florida Cable Television Corporation of Bonita Springs and the Radio Television Centre of Naples. EASEMENTS FOR UNDERGROUND UTILITIES On-Site utilities such as telephone, electric power, TV cable service~ wastewater collection, water distribution, etc. shall be installed underground. Except that electrical feeder lines serving commercial and other high use areas, water pumping stations, lift stations, transformer banks, etc. shall be per~ttted above ground. Easements shall be provided for all utility purposes in areas that must be cleared for utility construction, a special effort shall be made to protect the maximum number of trees. Said easements and improvements shall be done in accordance with the subdivision regulations. 3-2 4.01 4.02 4.03 SECTION IV GROUP i PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, and Table I as Group i parcels. MAXIMUM DWELLING UNITS A maximum number, of 600 dwelling units may be constructed in all of the Group 1 parcels combined except as permitted by Section 2.10. PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1) Single Family detached dwellings. 2) Attached single-family units as combinations of up to and including three (3) single-family attached units per structure. 3) Parks, playgrounds, playfields owned open space. 4) Water management facilities. and commonly Permitted Principal Uses and Structures Requiring Site Plan Approval l) Non-commercial boat launching facilities, and multiple docking areas not to exceed one per dwelling unit. 2) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf cour&es, intended to serve the surrounding residential area. 3) Churches, schools, and child care centers when accessory to the church or school. 4-1 035 3'91 Permitted Accessory Uses and Structures 1) Private boat docks with or without boat hoists, on water front lots, not protruding more than five (5) feet into the water except if such waterbody has a width one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however that no boat is used as a residence. 2) Customary accessory uses and structures, including private garages. 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model home= shall be permitted in conjunCtion with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such· use upon written request and Justification. 4.04 REGULATIONS 4.04.01 GENERAL: All yards, set-backs, etc. shall be in relation to the individual parcel boundaries. 4.04.02 MINIMUM LOT AREA: 10,000 square feet 4.04.03 MINIMUM LOT WIDTH: A. as Corner Lots - Ninety-five (95) feet measured at the front yard setback line. Interior Lots - Eighty (80) feet as measured at the front yard setback line. 4.04.04 MINIMUM YARDS: A. B. Front yard - 30 feet Site yard - 7 1/2 feet for two stories. one story, 10 feet Rear yard - 25 feet except that for screen enclosures the rear yard may be reduced to 15 feet. All yards abutting a street shall be front yards. Four-sided corner lots shall have two front and two side yards. Five or more sided corner lots shall have two front, two sides and remaining yards shall be rear yards, with the rear yards being those farthest from the abutting streets. 4.04.05 REDUCTION OF MINIMUM LOT WIDTH, AREA AND YARDS: In the case of cjustered buildings with common architectural theme, the requirements of Sections 4.04.02, 4.04.03 and 4.04.04 may be less provided that a site plan is approved in accordance with Section 2.05. 4.04.06 MINIMUM FLOOR AREA: A. One story - 1,000 square feet. B. Two story -'1,200 square feet. 4.04.07 OFF-STREET PARKING REQUIREMENTS: One parking space shall be required for each dwelling unit and such space shall be located within the building setback line. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 4.04.08 MAXIMUM HEIGHT: Thirty (30) feet above finished grade of lot. Accessory buildings limited to twenty (20) feet above finished grade of lot. 03'5 3'93 4-3 SECTION GROUP 5.01 PURPOSE The purpose of this Section is to set forth the regulations for areas designated on Exhibit "C", Site Plan, and Table i as Group 2 parcels. 5.02 MAXIMUM DWELLING UNITS A maximum number of 2314 dwelling units may be constructed in all of the Group 2 parcels except as permitted by Section 2.10. 5.03 USES PERMITTED 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. Principal Uses: 1) Single family units are permitted as individual structures or as combinations up to and including six (6) single family attached units per structure. Such unit types as single family attached, duplex, patio, cjuster attached, cjuster detached, villa attached, villas detached and zero lot lines are permitted. 2) Multi-family residential units including garden apartments. 3) Parks, playgrounds, playftelds and commonly owned open space. 4) Water managemen~ facilities. B. Principal Uses Requiring Site Plan Approval: facilities and 1) Non-commercial boat launching multiple docking areas. Recreational clubs, golf courses, practice driving range and 'other customary accessor~ uses related to golf courses, intended to serve the surrounding residential area. 2) Churches, schools, child care center, §ov~rnmental administration buildings. 3) and 5.04 4) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 5.02 above. C. Permitted Accessory Uses and Structures: 1) Private boat docks with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or mere, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Customary accessory uses including private garages. and structures, 3) Signs as permitted by the Zoning Ordinance of Collier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years from the initial use as a model. The Director may authorize the extension of such use upon written request and Justification. REGULATIONS 5.04.01 MINIMUM LOT AREA: A minimum area of 2600 square feet per dwelling unit shall be provided in some combination of individual lots and contiguous common open space, excluding private and public roads. 5.04.02 MINIMUM LOT WIDTH: A. Minimum individual lot (envelope) width for each dwelling unit related to a structure containing at least two (2), but not more than six (6) dwelling units shall not be less than twenty (20) feet measured between the side lot lines at the required front setback. B. Minimum individual lot width for a single detached unit structure shall not be less than forty-five (45) feet measured between the side lot lines at the required front setback line. 035 395 5-2 5.04.03 MINIMUM YARDS: A. From tract boundary lines, right-of-way lines and/or the edge of the gutter of a private road, twenty-five (25) feet. B. Distance between structures: 1) Between any two principal structures there shall be a combined minimum yard of 1/2 the sum of their heights but not less than twenty (20) feet. 2) Between any two accessory uses there shall be a combined minimum yard of twenty (20) feet. C. In the case of cjustered buildings with a common architectural theme, these distances may be less,' provided that a site plan is approved in accordance with Section 2.05. 5.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Three (3) stores above the finished grade of lot. In order to comply with the minimum flood elevation requirements, the maximum height of a structure shall be measured from the minimum base flood elevation required by the Flood ElevattSn Ordinance. B. Accessory structures shall be no higher than twenty (20) feet above the finished grade of the lot. 5.04.05 MINIMUM FLOOR AREA: Those principal use structures which are identified in Section 5.03.A. shall be as follows: One (1) story structures shall not contain less than eight hundred (800) square feet and two (2) story structures shall not contain less than twelve hundred (1200) square feet. 5-3 5.04.06 OFF-STREET PARKING: Those principal use structures which ~'are identified in Section 5.03.A. shall contain a minimum of two (2) spaces per dwelling unit. The Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use. However, those unpaved spaces shall be grassed end reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 5.04.07 OFF-STR~T PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 5.04.08 REZONED NEIGHBORHOOD COMMERCIAL Additioqal stipulations in regard to those Group 2 lands rezoned from ~ei~hborhood Commercial are contained in Exhibit "N". 5-4 6.02 6.03 PURPOSE GROUP The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site .Plan and Table 1 as Group 3 parcels. MAXIMUM DWELLING UNITS A maximum number of 1686 dwelling units may be constructed in all of the Group 3 parcels combined except as permitted by Section 2.10. USES PERMITTED No building or structure, or part thereof, erected, altered or used; or land or water used, or part, for other than the following: shall be in whole A. Principal Uses: 1) Multi-family residential units including garden apartments. 2) Those uses permitted in Group 2 when developed in accordance with Section 5.04. 3) Parks, playgrounds, playftelds and commonly owned open space% 4) Water management facilities. B. Principal Uses Requiring Site Plan Approval: 1) Non-commercial 'boat launching multiple docking areas. facilities and 2) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 3) Churches, schools, and child care centers. 4) Convalescent homes, rest homes, homes for the aged, adult foster homes, children's homes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling units in accounting for the dwelling units assigned in 6.02 above. 6-1 C. Permitted Accessory Uses end Structures: 1) Private boat docks with or without boat hoists, on waterfront lots, not protruding more than f£v~ (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Customary accessory uses including private garages. and structures, 3) Signs as permitted by the Zoning Ordinance of Col:ier County. 4) Model homes shall be permitted in conjunction with the promotion of the development. Such model homes shall be permitted for a period of two (2) years ~from the inital use as a model.' The Director may authorize the extension of such use upon written request and Justification. 6.04 REGULATIONS 6.04.01 MINIMUM LOT AREA: One (1) net acre. .~:.~ 6.04.02 MINIMUM LOT WIDTH: ~ ,~:,~ 150 feet as measured at the front yard~ se~ck line. 6.04.03 MINIMUM YARDS: A. From tract boundary lines, rtght-of-way'l£nes and/or from the edge of the gutter of a private road, thirty-five (35) feet or one-half (1/2) the height of the structures, whichever is greater. B. Distance Between Structures 1) Between any two principal structures - one-half (1/2) the sum of their heights but not less than thirty (30) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than twenty (20) feet. 6-2 Ce In the case of cjustered buildings with a common architectural theme, these distances may be less, provided that a site plan is approved in accordance with Section 2.05. 6.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: A. Four (4) stories above the finished grade with option of having one (1) floor of parking beneath the allowable four (4) stories. Accessory structures shall be limited to a maximum of twenty (20) feet above finished grade of the lot. 6.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: Those principal use structures which are identified in Section 6.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit w/thin principal structure. 6.04.06 OFF-STREET PARKING: Those principal use structures -which are identified in Section 6.03.A. shall contain a minimum 1.5 parking spaces per dwelling unit. The Director may permit a lesser number of parking spaces to be paved when circumstances indicate 'infrequent use. However, those unpaveo spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 6.04.07 OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 6-3 SECTION VII GROUP 4 7.01 PURPOSE The purpose of this SeCtion ts to set forth the regulations for the areas d~stgnated on Exhibit '"C","~Si%e Plan, and Table I as Group 4. 7.02 MAXIMUM DWELLING UNITS A maximum number of ~ 4000 dwelling units may be constructed in all of the Group 4 parcels combined except as permitted by Section 2.10. 7.03 USES PERMITTED No building or structure, or part thereof, sha11"'be erected, altered or used, or land or water used, in wh°le or part, for other than the following: A. Principal Uses: 1) Multi-family residential buildings. 2) Those uses permitted in"Group 2 when developed in accordance with Section 5.04. 3) 4) Those uses permitted in Group 3 when developed in accordance with Section 6.04. Parks, playgrounds, playfields and commonly owned open space: 5) Water management facilities. 6) Existing non-commercial plant nursery. ~ Principal Uses Requiring Site Plan Approval: 1) Recreational clubs, golf courses, practice driving range and other customary accessory uses related to golf courses, intended to serve the surrounding residential area. 2) 3) 4) Churches, schools and child care centers. Civic and cultural facilities. Hotels and motels, ~except in those areas identified as "no hotels permitted" on Exhibit "L"), maximum of-kS~ 1336 units. Each hotel or motel unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. 5) Private clubs intended to serve the residents of PELICAN BAY. 6) Convalescent homes, rest homes, homes fo~ the aged, adult foster homes, children's hcmes, rehabilitation centers and licensed skilled nursing facilities; each unit shall count as one-third (1/3) of a dwelling unit in accounting for the dwelling units assigned in 7.02 above. C. Permitted Accessory Uses and Structures: 1) Private boat docks, with or without boat hoists, on waterfront lots, not protruding more than five (5) feet into the water; except if such waterbody has a width of one hundred (100) feet or more, the dock may protrude not more than twenty (20) feet into such waterbody, providing, however, that no boat is used as a residence. 2) Non-commercial boat launching multiple docking areas. facilities and' Customary accessory uses and structures, including private garages. 4) Signs as permitted by the Zoning Ordinance of' Collier County. 5) Model dwelling units shall be permitted in conjunction with the promotion of the development. Such model units shall be permitted for a perlod of two (2) years from the initial use as a model. The Director may authorize the' extension of such use upon written request and justification. 7.04 REGULATIONS 7.04.01 MINIMUM LOT AREA: One (1) net acre. 7.04.02 MINIMUM LOT WIDTH: 150 feet as measured at the front yard set back~ line. 7-2 7.04.03 MINIMUM YARDS: A. From tract or development parcel lines, right-of-way lines and/or the edge of the gutter of a private road, fifty (50) feet or one-half (1/2) 'the height of the structure, whichever is greater except that detached accessory structures shall be set back twenty (20) feet or 1/2 of the height, whichever is greater. B. Distance between structures - 1) Between any principal structures - one-half (1/2) the sum of their heights but not less than fifty (50) feet. 2) Between any two accessory uses - one-half (1/2) the sum of their heights but not less than thirty (30) feet. C. In the case of cjustered buildings with a common architectural theme, these distances may be less provided that a site plan is approved in accordance with Section 2.05. 7.04.04 MAXIMUM HEIGHT OF PRINCIPAL AND ACCESSORY STRUCTURES: Ae Principal structures: Two hundred (200) feet above finished grade of the lot, 9xcept in those areas so identified on Exhibit "M", there shall be a maximum heiqht of five (5) storfes above one (1) floor of parking. Accessory structures shall be limited to a maximum of twenty-five (25) feet. above finished grade of lot except for rodf top recreation facilities. 7.04.05 MINIMUM LIVING AREA OF PRINCIPAL STRUCTURES: A. Those principal use structures which are identified in Section 7.03.A. shall contain a minimum of seven hundred and fifty (750) gross square feet of living area per dwelling unit within principal structure. B. The minimum living area of any hotel or motel unit permitted under Section 7.03.B shall be three hundred (300) square feet. There shall be no maximum square footage. 7-3 7.04.06 OFF-STREET PARKING: Those p~incipal use structures which, are ident]¢ted in Section 7.03.A shall contain a minimum of 1.5 parking spaces per dwelling unit. The Director nay permit a lesser number of parking spaces to be paved when circumstances indicated infrequent use. However, those unpaved spaces shall be grassed and reserved for future paving. For uses other than dwelling units, parking shall be provided in accordance with the Zoning Ordinance of Collier County. 7.04.07 OFF-STREET PARKING LANDSCAPING: Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 7-4 8.01 8.02 SECTION VIII GOLF COURSE PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, as Golf Course. 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: Permitted Principal Uses and Structures 1) Golf Course 2) Golf Clubhouse 3) Tennis Courts 4) Tennis Clubhouses 5) Transient lodging facilities not ~o exceed 25 units. 6) Water management facilities. B. Permitted Accessory Uses and Structures l) Pro-shop, practice driving range and. other customary accessory uses of golf courses, tennis clubs or other recreational facilities. 2) Small commercial establishments, including gift shops, golf & tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course or tennis club or other permitted recreational facilities, subject to the provisions of the Zoning Ordinance of Collier County. 3) Shuffleboard courts, swimming pools, and other types of facilities ~ntended for recreation. 4) Signs as permitted in the Zoning Ordinance of Collier Ccunty. 5) Maintenance shops and eq,,ipment storage. 8-1 6) Non-Commercial Plan~ Nursery. 8.03 8.04 8.05 8.06 PLAN APPROVAL REQUIREMENTS Plans for all principal and all accessory uses shall be submitted to the Director who will review these plans and approve their construction. All construction shall be in accordance with the approved plans and specifications. The perimeter boundary of the overall golf course tract shall be recorded in the same manner as a subdivision plat. A. General Requirements: l) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be setback a minimum of fifty (50) feet from abutting residential districts and the set-back area shall be landscaped and maintained to act as a buffer zone. 3) Lighting facilities shall be arranged in a manner which wtll protect roadways and neighboring properties from direct glare or other interference. 4) A site plan shall be provided showing pertinent structure locations and landscaping. MAXIMUM HEIGHT Thirty-five (35) feet above the finished grade of the lot within 150 feet of any district restricted to thirty (30) feet or less in height, and forty-five (45) feet elsewhere within the district. MINIMI~I OFF-STREET PARKING As required by the Zoning Ordinance of Collier County. OFF-STREET PARKING LANDSCAPING Landscaping shall be provided as required by the Zoning Ordinance of Collier County. 8-2 ~~' IX -land- ~r atcr cd in--wholc~ -- ~ .... Banks ---~.d fi.~--'nc£'-I !n_-t!tutien_-. thc---for: - no% :?-'sic £tere£_ - p =hops - . ......... -~= :.;a ~ e~-~a~%g~men t f=_ci!it!em. MINIMUM 9.n. u~ v!u,~u u=!CUr ~,~0 u!uiuuu i a~ncraot~e -A~ required by the ~~~=nc: :f Cclli=r County. 9.!! L )MITAT!~ 93 SECTION IX COMMUNITY AND AREA COMMERCIAL 9.01 PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibit "C", Site Plan, as Community Commercial and Area Commercial. 9.02 USES PERMITTED No building or structure, or part thereof, erected, altered or used, or land or water whole or in part, for other than the following: shall be used, in A. Principal Uses: 1) Antique shops 2) Appliance stores 3) Art studios 4) Art supply shops. 5) Automobile parts stores 6) Automobile service stations without repairs accordance with applicable zoning regulations. 7) Awning shops 8) Bakery shops 9) Banks and financial institutions 10) Barber and beauty shops 11) Bath supply stores 12) Bicycle sales and services 13) Blueprint shops 14) Bookbinders 15) Book stor~s 16) Business machine service 17) Car wash 18) Carpet sales - not including storage installation 19) Child care center sub3ect to site plan approPal 20) Churches and other places of worship sub3ect site plan approval 21) Clothing stores 22) Cocktail lounges 23) Commercial recreation uses 24) Commercial schools 25) Confectionery and candy stores 26) Delicatessens 27) Department Stores 28) Drug stores 29) Dry cleaning shops 30) Dry goods stores 31) Ele:=trical supply stores 32) Florist shops in or to 33) Fraternal and social clubs, alcoholic beverages subject to provisions of the Zoning Ordinance. 34) Funeral Home 35) Furniture stores 36) Furrier shops 37) Garden supply stores'.- outside display in rear 38) General offices 39) Gift shops 40) Glass and mirror sales - not including installa- tion 41) Gourmet shop 42) Hardware stores 43) Hat cleaning & blocking 44) Health food stores 45) Hobby supply stores 46) Hospitals 47) Hotels 48) Ice cream stores 49) Interior decorating showrooms and offices 50) Jewelry stores .. 51) Laboratories - film, research and testing 52) Laundries, self-service only 53) Leather goods 54) Legitimate theaters 55) Liquor stores 56) Locksmith 57) Markets, food 58) Markets, meat 59) Medical clinics 60) Milli~ery Shops 61) Motels 62) Motion picture theaters not including drive-ins 63) Museums 64) Music stor~s '. 65) New car dealerships - outside display permitted 66) News stores 67) Office supply stores .. 68) Paint and wallpaper stores 69) Pet shops 70) Pet supply shops 71) Photographic equipment stores 72) Pottery stores 73) Printing, publishing and mimeograph service 74) Private club, alcoholic beverages sub3ect to the provisions of the Zoning Ordinance 75)Professional offices 76)Radio and television sales and service 77)Research and design labs 78) Residential dwelling units in accordance with Section 7.04 and requiring Site Plan approval, provided that the total number of dwelling units within the PELICAN BAY project area does not exceed 9~00 8600 dwelling units. 79) Rest homes and Sanatoriums 80) Restaurants, not including drive-ins 81) Shoe repair 82) Shoe stores 83) Shopping centers 84) Souvenir stores 85) Stationery stores 86) Supermarkets 87) Tailor shops 88) Taxidermists 89) Tile sales - ceramic tile 90) Tobacco Shops 91) Toy shops 92) Tropical fish stores 93) Variety stores 94) Vehicle rental - automobiles only 95) Veterinarian offices and clinics - no outside kenneling 96) Watch and precision instrument repair shops 97) Drapery shops 98) Upholstery shops. 99) Bait and tackle shops 100) Fire stations 101) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Director determines to be compatible in the district. 102) Water management facilities. B. Permitted Accessozy Uses and Structures Accessory uses and associated' with the district. structures customarily uses permitted in this 2. Signs as permitted by the Zoning Ordinance. 9.03 MINIMUM LOT AREA None 9.04 MINIMUM LOT WIDTH None 9.05 MINIMUM YARD REQUIREMENTS Buildings shall be set back a minimum of fifty (50) feet plus one (1) foot for each two (2) feet of building height above fifty (50) feet from all parcel boundaries except that buildings shall be permitted over-water in the lake areas, sub3ect to Site Plan approval in accordancr~ with Section 2.05. 9.06 BUILDING SEPARATION All buildings shall be separated fifty (50) feet or 1/2 the sum of their heights whichever is greater except that in the case of cjustered buildings with a common architectural theme these distances may be less provided that a site plan is approved in accordance with Section 2.04 2.05. 9.07 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE 1000 square feet per building on the ground floor except that free standing specialty structures of nationally recognized standard size less than 1000 square feet shall be permitted when site plan approval has been received. B. The minimum living area of any hotel or motel unit permitted under Section 10.02 A. (47) and (61) shall be three hundred (300) square feet. There. shall be no maximum'square footage. 9.08 MAXI~JM HEIGHT None. One hundred (100) feet. ~8T89 9.09 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS As required by the Zoning Ordinance of Collier County. ~.~ 9.10 MINIMUM LANDSCAPING As required by the Zoning Ordinance of Collier County. Also, a landscape buffer area along West Boulevard in accordance with Section 8.37 of the Zoning Ordinance will be required in order to buffer the visual impacts of the retail shoppSng center in the Area Commercial district. 9.11 LIMITATIONS ON SIGNS As permitted by the Zoning Ordinance of Collier County. Also, appropriate directional signage as permitted in the Zoning Ordinance directing traff~.c out of the retail shopping center in fha Area Commercial District will be installed. ~.~= 9.12 MERCHANDISE STORAGE AND DISPLAY Unless specifically permitted for a given use, outside storage or display of ~erchandise is prohibited unless screeened from view to a height of six (6) feet above 9-4 9.13 9.14 SITE PLAN APPROVAL Site plan approval in accordance with Section 10.5 of %he Zoning Ordinance of Collier County is required for all buildlnqs and structures. A copy of any written request for site plan approval submitted to Director in accordance with Section 10.5 shall be provided by Westinghouse Commmunitie~ of Naples, Inc..to the Pelican Bay_Property Owners Association~ Inc. MAXIMUM COMMERCIAL SQUARE FOOTAGE There shall be a total authorized maximum of 1,095~000 square feet of commercial gross building arear. consisting of a maximum of 435~0Q0 square fget of gross building area for retail space and a maximum of 94~,000 square feet of ~ross building area for office space, but in no event shall the combined total exceed 1,095,000 square feet of commercial gross building area. A maximum of 640,400 square feet of commercial gross buildinq area (containing a maximum of 285,000 square feet of retail)'shall be constructed in the Area (South) 9.15 Commercial District. A maximum of 454~600 square feet of commercial cross building area (consisting of 304r600 square feet of off~ce and 150,O00 square feet of retail) shall be constructed in the Community.. (North) Commercial District. ADDITIONAL STIPULATIONS FOR COMMUNITY COMMERCIAL Additional stipulations in regard to the Community Commercial parcel are contained in Exhibit "N". 10-5 9-5 S~C=~I~A~ SECTION X CONSERVATION AREA lO.O1 PURPOSE The purpose of this Section is to set forth the regulations for the area designated on Exhibit "C", Site Plan, as Conservation Area. 10.02 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected altered, or land or water used, in whole or in part, for other than the following: A. Principal Uses Requiring Site Plan Approval: 1. Nature trails including boardwalks. 2. Boat Trails. .. 3. Boat docks (non-commercial boat launch facilities only - no permanent docking). 4. Paths and bridges to provide access from the uplands to the beach for pedestrians and minor maintenance equipment. 5. Beach sun shelters. 6. A marine research laboratory. 7. Recreati6nal clubs and other activities for recreation, conservation, and. preservation when approved by the Director. 8. Water Management Facilities. B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures Customarily associated with the uses permitted in this district. 2. Signs as permitted in the Zoning Ordinance. ~-1-.~10.03 CONSERVATION AREA OWNERSHIP AND MAINTENANCE A. Approximately 36 acres of the Conservation Area lying south of Clam Pass and west of Outer Clam Bay shall be conveyed to Collier County for public beach use and maintenance in accordance with Section 2.03. -~-~ 10-1 035 , 415 B. The Pelican Bay Improvement District, a non-profit property owner's association or other entity will be granted the authority and responsibility for enfercing the applicable convenants, in accordance with Section 2.03 governing the approximately 129 acres of beachfront and other uplands, 277 acres of water area, and 129 acres of wetlands. This entity will be responsible for planning, control, supervision and maintenance of this area. -1-~-.~- 11.01 The purpose regulations 6£~T~44-~-SECTION XI UTILITY AREA PURPOSE of this Section is to set forth the for the area designated on Exhibit "C", Site Plan, as Utility Area. -1-~.4)~-11.02 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 th~n the following: A. Principal Uses: 1. Potable water treatment and distribution facilities. 2. Sanitary waste water collection treatment and disposal facilities. 3. Utility services equipment, storage end maintenance. 4. Utility services offices. 5. Lawn or golf course maintenance shops and equipment storage. 6. Any other use associated with maintenance or utility services when approved by the Director 7. Water management facilities. B. Permitted Accessory Uses and Structures: 1. Accessory uses and structures customarily associated with the uses permitted in this district. 2. Signs as permitted in the zoning ordinance. 11.03 MINIMUM YARD REQUIREMENTS None 11.04 MAXIMUM HEIGHT None 11.05 MINIMUM FLOOR AREA None 418 .~T~J¢~ EECTION XII DEVELOPMENT COMMITMENTS 12.01 ENVIRONMENTAL AND NATURAL RESOURCES A. Air Quality The applicant for a construction permit for the construction of any facility that qualifies for complex air source permits under Chapter 17-2, Florida Administrative Code, shall obtain all necessary complex air source permits prior to the issuance by Collier County of construction permits for such a facility B. Natural Resources Prior to filling the approximately 98 acres of .wetlands, located in the northwest section of Group 4 properties' the applicant shall: a. Convey approximately 36 acres (containing approximately 3/4 of a mile of beachfront) to Collier County, Florida, for a public beach; and set aside by filing convenants, approximately 530 acres (containing approximately 1-1/4 miles of beachfront) restricting in perpetuity this property for recreation, conservation and preservation purposes; and ee b. Obtain all necessary permits from county, state ~nd federal agencies, including, but not limited to, giving reasonable assurance that the fill activity, development, and drainage system will not result in violation of the applicable provisions of Chapter 17-3, Florida Administrative Code. Further, Collier County and the South Florida Water Management District (SFWMD) shall be assured that negative water quality impacts to Inner and Upper Clam'Bay will not result from the fill/ destruction and development of the area presently occupied by 98 acres of mangrove forest; and, Preserve the existing red mangrove fringe around all significant water bodies; and, Stake the precise interface of the red mangrove fringe prior to commencement of construction activities; and, L~mit the filling activities to approximatelY 98 acres; and, f. .Covenant the Conservation area preservation, con-servation and recreational uses; and, for limited ge Insure that filling activities shall not take place in significant stands of red mangroves and shall not eliminate significant existing tidal creeks; and, Insure that no alteration or filling shall be conducted below the two foot contour in this area before all approvals for such construction are received. 2. The provisions of Section 2.03, GULF-FRONT LAND, are a part of this section. C. Water Resources 1) Potable water supply Prior to the issuance of any construction permits by Collier County, the Pelican Bay 'Improvement District (PBID) shall demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the Floridan Aquifer, in this area, has sufficient capacity to meet the water supply requirements of the proposed project's ultimate population, and that this water withdrawal ' and reject water disposa! will not adversely impact areawide water quantity or quality. Reject water from the reverse osmosis process shall not enter the upland surface water storage areas. '. 2) Non-Potable Water Supply Se Prior to the issuance of construction permits by Collier County, the applicant or Pelican Bay Improvement District shall satisfactorily demonstrate to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District (SFWMD) that the proposed project's water withdrawal for golf course irrigation will not subject shallow aquifer resources to salt-water intrusion and will not adversely impact areawide water quantity or quality. 4~--2- 12-2 ~ . During the wet season, June 1 to October 31, irrigation shall be permitted by withdrawal of water from the lakes to a minimum level to be established by the Water Management Advisory Board. c. When the Coastal Ridge Aquifer is no longer over-stressed, the applicant shall be allowed to apply for a well permit for year round use of water from the shallow aquifer. The condition of the shallow aquifer shall be determined by the Big Cypress Basin Board, the South Florida Water Management District and the Water Management Advisory Board. d. Existing permitted wells within PELICAN BAY shall be excluded from the provisions of 13.1.C.2.(a),(b) and (c) above. D. Drainage Considerations 1) Upland Areas a. Prior to the preparation of the final plans, the Water Management Plan prepazed by the Pelican Bay Improvement District shall be submitted to and approved by the Water Management Advisory Board. The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, CoastaI Area Planning Commission and Board of County Commissioners of Collier County and the South Florida Water Management District for approval prior to the issuance of construction permits by Collier County. b. Until such time as the tidal average 100-year flood elevations are established by HUD, the minimum building floor elevation shall be 10 feet above mean sea level. 2) Northwest Fill Area The Pelican Bay Improvement District shall provide necessary detailed drainage plans, studies 'and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the South Flo.:ida Water Management District for approval prior to the issuance of any permits by Collier County. Further, the county and the South Florida Water Management uzstrict sh~11 be assured that negative water quality impacts to Inner and Upper Clam Bay will not result from the fill/destruction and development of the area presently occupied by 98 acres of mangrove forest. 12.02 PUBLIC FACILITIES A. Sewage Treatment Facilities The Pelican Bay Improvement District (BPID), created through a special act of the Ulortda Legislature. in 1974, shall provide sewage treatment facilities for the proposed pro]ect. The Pelican Bay Improvement District shall provide necessary detailed plans! studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulation (DER) for approval prior to the issuance of permits. B. Water Treatment Facilities Water treatment facilities shall be provided by the Pelican Bay Improvement District (PBID). The Pelican Bay Improvement Distriut shall provide necessary detailed plans, studies and specifications to the Environmental Advisory Council, Water Management Advisory Board, Coastal Area Planning Commission and Board of County Commissioners of Collier County and the Department of Environmental Regulation for approval prior to the issuance of permits. 12.03 TRANSPORTATION A. Internal The internal roadway system of the proposed project, including signals and other intersection improvements shall be constructed by the applicant as indicated on Exhibits "J" and "K". Phasing and/or bonding for the ultimate improvements shall be done in accordance with the Subdivision Regulations. B. External The applicant shall improve Seagate Drive from its current two-lane design to a four-laned roadway between U.S. 41 and the most westerly constructed intersection of a PELICAN BAY street with Seagate Drive. The responsibility of the applicant for four-laning Seagate Drive shall continue until the release of the last existing internal improvement ~S-4 12-4 422 bond for the project. The applicant shall also pay his proportionate share of the costs for the necessary intersection improvements and signaltzations along Vanderbilt Beach Road, Seagate Drive and U.S. 41, in accordance with the Subdivision Regulations. C. Additional Right-of-Way Seventeen and one-half (17-1/2) feet of additional right-of-way for Seagate Drive and Vanderbilt Beach Road shall be set aside within Pelican Bay. This right-of-way will be included in the buffer strip until such tame as it is required for roadway expansion. At that time, the applicant shall dedicate the additional right-of-way. D. Golf Cart/Road "E" Intersection A grade separation shall be provided to separate the golf cart traffic from vehicular traffic where they conflict at Roadway "E". E. Access to Surrounding' Roads Access to the surrounding - major roads shall be limited to those access points shown on Exhibit except as otherwise approved by the Coastal .Area Planning Commission. F. Connections to Seagate Rights-of-way for the extension of West Boulevard and Crayton Road into Pelican Bay shall be dedicated as part of platting. However, the construction of such the Crayton Road connection shall not be authorized unti~-e~e~e~-~-~e--B~a~-~f~-~e~m~y Gu~w~t~i~e~ a public hearing is held with due public notice to recive input from surroundin~ property owners. G. Landscaped Buffer Strip A landscaped buffer strip, a minimum of 100 feet. in depth, shall be designated along the residential areas adjacent U.S. 41, Seagate Drive and Vanderbilt Beach Road 1'~.'¢12.04 PUBLIC SERVICES A. Education Forty-five acres located in the vicinity of the community commercial parcel near Vanderbilt.-Besch,,,. Road and U.S. 41 will be offered to the Collier:,~ County School Board for use ss a 25 acre middle school site and a 20 acre elementaTy school site. 12-5 The 45 acres will be sold to the $chool Board at 50% of tbs January 1, 1977, appraiseC value plus 6% per year appreciation for each year after 1977. This offer will continue until January 1, 1990. After January 1, 1990, the applicant shall be permitted to develop as residential areas all parts of the 45 acres not purchased by the School Board. B. Government Facilities Twenty acres located in the vicinity of the Community Commercial parcel near Vanderbilt Beach Road and U.S. 41 will be dedicated to Collier County in increments of five acres per each 1,000 dwelling units permitted for the first 4,000 dwelling units permitted. The major portion of this area is intended to serve as a community park with the minor portion to be used for such things as fire station, library, sheriff's substation, branch courthouse offices, auditorium, etc. Non-administrative uses such as open storage equipment yards and other non-compatible government functions shall not be permitted within this site.' The applicant shalI be given the opportunity to review the architectural plans for any facilties planned for this area prior to their construction. Should a requirement for use of a part of this 20 acres develop prior to the above described dedication rate, the applicant will make available at the earlier date a specific area for an immediate specific use. C. Fire Protection 1) To Assure Adequate Fire Flow: The' applicant shall provide for the strategic placement of fire hydrants as required by the Collier County Subdivision Regulations. Automatic sprinkler systems, water pumps, storage, and pressure tanks shall be provided as required by county and state laws. 2) To Assure Adequate Fire Protection Services: A site for a fire station is included within the Governmental Facilities area identified in 13.4.B above. 12-6 ,oo 035- 423 7¸' .~T~-12.05 RECREATION AREAS A. Neighborhood Parks A total of twenty (20) acres shall be designated in the residential areas for use as neighborhood parks. The applicant shall install the following improvements in each such park: one (1) unlighted combination softball/soccer field with backstop, one (1) 5000 square foot tot lot, two (2) unlighted tennis courts, twenty (20) paved parking spaces. B. Com_~unit¥ Parks Twenty (20) acres as described in Section 13.4.B. above is available for use as a Community Park. This property is located adjacent to the school sites so that maximum utilization can be achieved. C. Gulf-front Land Thirty six (36) acres of Gulf-front land plus two (2) acres for upland parking shall be made available as described in Section 2.03 for public ownership. D. Beach Access Approximately five (5) acres located at the northwest corner of Pelican Bay adjacent to Vanderbilt' Beach Road and the Gulf of Mexico shall be developed into approximately 120 parking spaces and then conveyed to Collier Count~ after obtaining necessary permits. 12-7 IqO'f ,,JA"'CS M. BI, l,~C September 22, 1976 ,) )Ir. Grover Erickson Coral Ridge-Collier Properties, Inc. Post Office Box 2722 Naples, Florida 33940 Dear Air. Erickson: You have requested an opinion'as to whether Coral Ridge- Collier Properties, Inc., has legal authority, ownership and control to apply for a zoning change in the form of a proposed planned unit development classification in Collier County, Florida, as to that portion.of land delineated and described in the zoning application. Coral Ridge-Collier Properties, Inc., does have such legal authority, ownership and control. Coral Ridge-Collier Properties, Inc., duly authorized under Florida law and earlier known and incorporated as a8-49o25 Land Corporation, is party to that certain "Land Option Agreement" of May 10, 1972, pursuant to which, as of this date; Coral Ridge-Collier Properties, Inc., did in fact exercise its first option as optionee under the agreement and does now own those approximately SO0 acres which constitute the land in option tract number 1 as set forth in (he provisions of the contract; and Coral Ridge-Collier Properties, Inc., holds an irrevocably granted, exclusive option to those approximately 1,600 acres which consti- tute land described in the remaining option tracts which are set forth in the provisions of the contract. EXH I:.B IT "A" '- Mr. Grover £rickson "Page Two September 22, 1976 Coral Ridge-Collier Properties, Inc., pursuant to paragraph 18 of the said Land Option Agreement, has and enjoys the pledged support of the optionors in procuring necessary zoning for the contemplated development of the lands covered by the agreement. Under Florida law, an exclusive optionee with the pledged support of the optionor, may proceed within the legal para- meters of the option agreement to apply for zoning changes affecting the optioned land. Since the optionors and Coral 'Ridge-Collier Properties, Inc., have already cooperated significantly in terms of both time and money, the optionors would be subject to the doctrine of equitable estoppel were they to challenge the zoning application on the basis of authority, control and ownership in the optionee. Moreover, the State of Florida, by deeds, deed confirmations and disclaimers, all documents duly executed and recorded, has divested itself of any interest in or to those bottom lands, such as swamp and overflowed lands, which are situate in the property described in the planned unit development application, The State would be estopped from maintaining any claim thereto or any other action based upon such a claim, whether in regard to the zoning application or any other transaction or application. ~herefore, Coral Ridge:Collier Properties, Inc., does have and hold such ownership and control over the property as to consti- tute legal authority to apply for the needed zoning changes for the proposed planned unit development in Collier Count)'. If you have any questions, please contact me. with best wishes and warm regards, I remain In the meantime, Ve~ly yours, Kflff van ^ssenderp PO~ the Firm EXHIBIT "A" O~ VICINITY MAP EXHIBIT "~'* GUL~' OF BAY ,=: '.~ .. ,,.: Tm PELICAN BAY .... 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O ,S -- · ' F-17 :f 0 O 0 * 0 ? ~ M ~ ~ m Clc o c ~ Me C~ mc · C 4 0 0 e ~ C~l 6 M~O ~ ~ O ~ ~ m~ k ~ I M~MOe ,! t 10 I1 lS I& 17 I$ .; ,, n._o .1. ,.~ (.; (.; A bill to be entit~led An scl relating to the Pelican Bay l~provement District, Co]21ez County; adding subsections ilS! and (27) to section S of chapter Florida, relating to restrictions on povers~ prov~Sn9 eft er[active date. Belt £nact~d by the Legislature or the Stets or £3oridot Section 2. Subsections i~6) end i27) ore added to seCtiOn S of chapter ~4-4~2, Lav~ si F]orfda, to reed: Section S. Po,ers.*-The d~strict she]2 hove, end the board may exercise, any or o]] o~ the rolls-lng poversr (~&J For the ]i~ite~ o~r~ose or the ocouiSJtion and sup~)ylflo of voter to xn~ sever service for the district, t~ acouire by ~urcha~e, sift. devise, lease or by ~eans other than eminent domain; or¢~ertv, rail or ~er~ona], or any estat ~herelfl eou~ meflt f:~ch~ses, easements, ou~]i¢ or DriVlte. a.~ facilities ~utsi~e o~ the boundaries of the ~lstrictl to_ c~onstructr sectors an~ ~[ntaJn veils, oumoino stations& pipe!lnfs, severs, save** ~aifl.-., conduits and ehv other J'acJ]itJ~s outsid~ of t~r ~u~.~rir~ of the district ec:~Jre ~fld se::~ ~r to ~ ~ver ~ervice~ for dis::Jc: for us9 thercJn: to ~cc~Jre ~nd utilize ~ublic eacr~e~ts outside of the boundaries of th* dJstrJctl take any other action out~idc the ~[strtct . 035 ~27} ?o .horror nosey. I~cue bondSt,,cer~fic'test varrantsf notesz or other indebtedness of th? district, and expend funds for the acDuisitton~ t.l~ncln~ 4 ~pern~!onr and n~intenance,,o! the orc~ert,~, re31 or ~rsona], $ ~r an~ estate, therein~ eouipnrn)~ f,ranchises, I pub~!c or private~ ~e]ls. ~unDl~ stations. ~ioeli~es. se~ers. ~ s~uer ~aingf-eondutts end other facilities ~et forth in I suh~ection 126~ hereof outside of the boundaries of the t district reasonably necessary for the acouisition and suooly I0 of rater to and icier service for the district. II Seckion 2. Section S2 o! chapter ~4-4&2, !~ ~]orida, is anended to read: 12 Section S2. Any other provision of this act to the 1~ contzary notvithstsnding~ the distrtc~ shall not orov!de IS ~atert sewer~ surface valet mana~em~,nt; and other QovernmentaJ l& services beyond the boun~aries of the district I; povefo-gf~nted-~o-~he-d~s~eiet-by-~h~-ect-or-~eneroJ-~o- Sec,/on 3. This acc shall take effect upon beco~tflg ~4 30 tle(PI tq 4(I ~ 035,,.,~ 454 . . .,, 035-',:~55 .., I I ,~ eII~. O MM t q~l q I ~ M ~ ~ ~ ~ ~I (M ~ Ip I ~ '"'"~'" ' " " ~ l~ ' "" G ~-; F - ~M~ OI I ~ ~ I I 0 I ~ T~ ~ 0 I ~ I I "~I ~" " ~ I I I ~ I ~ * I~ I ~ Ij I / 0 / ~ril-- ~-- Iql I ~ I q I I* I " ~ ~ q F I ~ --I ~ld~ I0 · .o.-.. r ~ ~ -- - .~ --~-. / ~I I ~I ~ ~ / I~'e ' ~M ! qNII I q q I ~I~M ~ ~ ~ I Jl I I ~'~ -~. _.,, i ~-I . . .i~] -.. ,, . ,,.I .- ' ' "' '-' ~l~l o · -,-~', ~1, ""- ~.,., .,o, ~l~l' '~l~""~"~q" ~ - ..... ,, ..................,......i,.. ~-.:~u.[--.- .- -. -- - -.~I~l · .... ' I ~'~':bl"l ol I.,-I Jul ~,~ 035m456 E EXHIBIT "1" Q~ INTERNAL ROADWAY REQUIREMENTS EXH;BIT 'J' REVtSEID MAY 1~5.~459 !1 C See Se¢.13,e3.1p re SIi~izl c,~flflect~on TRAFFIC SIGNAL LOCATIONS EXHIBIT K O BOOK SEAGAIE DRIVE 035.~60 NO HOTELS PERMITTED EXHIBIT" WCN:411818! 461 AGAIE DHtVE MAXIMUM HEIC FIVE (5) STORI ABOVE ONE (1 FLOOR OF PARKING EXHIBIT "M" WCN:4118189 AGREEMENT I, Byron R.. Koste and/or Charles Turner, as owner or authorized agent for Petition PDA-89-7, agree to the following stipulations requested by the Collier County Planning Commission in their public hearing on May 18, 1989. These stipulations are applicable to the Community Commercial Parcel and the middle parcel to be rezoned to Group 2 residential, as depicted onExhibit "A" attacked hereto. ae Petitioner shall be subject to Ordinance 75-21 [or the tree/vegetation removal ordinance in existence at the time of permitting], requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development D~vision for their review and approval prior to any substantial work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings lakes, parking lots, and other facilities have been oriented to accommodate this goal. Native species shall be utilized, as described below, in the site landscaping plan'. A landscape plan for all landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of 60% native plants, by number, including trees, shrubs, and ground cover. At least 60% of the trees, 60% of the shrubs, and 60% of the groundcover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a higher percentage of trees or shrubs can offset an equal percentage of use of only 50% native groundcover. This plan shall depict the incorporation of native species and their mix with other species, if any. The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the site during construction or due to past activities. EXHIBIT "N" 462 All exotic plants, as defined in the County Code, shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. In accordance with policy 6.5.1 of the Growth Management Plan the petitioner shall utilize "xeriscape" principles to landscape the Group 2 residential areas on the north and south sides of Gulf Park Drive and in the Community Commercial District situated in the northeast corner of Pelican Bay. Petitioner shall conduct a gopher tortoise survey in accordance with the criteria established by the Florida Game and Freshwater Fish Commission (FGFWFC) on the Community Commercial and Neighborhood Commercial Districts. Petitioner shall comply with Policy 7.3.5 of the Conservation Element of the Growth Management Act and the regulations of the FGFWFC concerning the relocation and protection of any gopher tortoises found on the sites. Petitioner shall, to the maximum extent practical, avoid removal of xeric oak habitat in the following areas: a) perimeter of lakes; b) parcel boundaries; c) rights of way; d) parking lot islands; and e) other areas where the removal of existing xeric oak habitat is not necessary. Petitioner shall try, where feasible, to keep these undisturbed xeric oak habitat parcels as a contiguous area. The exact size and location of these protected xeric oak habitat areas shall be agreed to between the petitioner, the contract owner of the commercial parcels, and the environmental staff of Collier County prior to approval of any SDP in the Community Commercial District. The protected areas shall then be surveyed and designated on all site plans. Protective barriers shall be erected around the perimeter of the undisturbed xeric oak habitat areas duri~q construction to prevent disturbance of the xeric oak habitats. Petitioner shall incorporate the remaining xeric oa~ habitat into the "xeriscape" landscaping plan. This shall call for transplanting the scrub oak trees from areas to be developed to suitable areas within the Community Commercial District. If feasible, petitioner shall also transplant the existing rosemary and other shrubs from the proposed development areas to the same suitable areas. Petitioner shall establish deed restrictions for the Community Commercial District that will protect the xeric oak habitat areas that are to be protected and the oak trees, and any xeric shrubs that can be transplanted, that are to be transplanted and incorporated into the landscaping plan. Storm water run-off shall be directed away from the scrub oak habitat. Petitioner shall conduct Phase II test excavation on archaeological site 8CR687 in coordination with the Florida Division of Historical Resources, as noted in the Cultural Resource Assessment Survey of the Pelican Bay development site written by Piper Archaeological Research, Inc., dated February, 1989. A determination of significance shall be made during the Phase II test excavation. The site shall be professionally mitigated and significant archaeological information shall be retrieved and donated to a permanent curatorial facility or museum in Collier County. Petitioner shall report to the Florida Division of Historical Resources upon completion of the PhaSe II test excavation and copy County Staff. No development activity shall occur on site until receipt of written approval from the Division. The report generated by the excavations shall be reviewed and approved by the Florida Division of Historical Resources. A copy of the report shall be forwarded to County Staff. Remove amended language of Section 13.3 ~aragraph F of PUD document. Prohibiting the connection of Crayton Road is a violation of the Collier County Subdivision Regulations Ordinance 76-6, Article XI, Section 17, Paragraphs C and H. The language shall be amended as provided in item r. of this Agreement Sheet. 3 464 Petitioner shall provide evidence that master drainage system has the capacity to handle the proposed changes in land use. At the time of site development, petitioner shall submit a revised water management plan and calculations demonstrating that the master system is adequate. Adequacy of sewage treatment, disposal capacity, water supply and fire flow capacity must be documented at the time of site development and/or building permit approval to service the proposed development. 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. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Subdivision Regulations. A copy of SFWMD Permit or Early Work Permit is required prior to construction plan approval. Platting is required in accordance County Subdivision Regulations; if tracts, or parcels are to be sold. with Collier any lots, The Florida Department of Transportation cannot support the commercial connection shown to U.S. 41 just south of Vanderbilt Beach Road.; approvals of access points, by FDOT even conceptually, can only be given following site plan review. -Amend Exhibit C Master Plan point for the proposed Group approved by CAPC on 11-1-84. to delete the access 2 parcel - shown as -Amend Section 12.03 Transportation F. connections to Seagate shall be amended to read: However, the construction of the Crayton Road connection shall not be authorized until a public hearing is held with due public notice to receive input from surrounding property owners. ! t GULF OK U£XlCO P~S$ OUTER e AY PELICAN BAY WEST~ C~4~S ~ N~E~ ~ .... SITE PLAN COMMUNITY COMMERCIAL DISTRICT GROUP 2 RESIDENTIAL (REZONED FROM NEIGHBORHOOD COMMERCIAL) (t~o CC~ EXHIBIT "A" Agreement' REPRESENTATIVE FOR CCPC SWORN TO AND SUBSCRIBED BEFORE ME THIS 25th OF May DAY , 1989. EXPIRES: COMMISSION R.F. Keyes, Representative fbr CCPC, vas Svorn to and Subscribed b.~or..e ,bi. I~, day of ~ . 1989. NOTARY Commissfon Expires: PDA-8 9-7 md AGREEMENT SHEET STATE OF FLORIDA ) COUNTY OF COLLIER ) I, JAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 89-35 which was adopted by the Board of County Commissioners on the 13th day of June, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of June, 1989. JAMES C. GILES .. ~ ~.. .... Clerk of Courts and Clerk '- ". ~, Ex-officio to Board of ~, -'. ~ County/qg~mmlssioners~/.~~ ~-~ -~ "i:.. -". _~ ,2f-~- // . ~. - · :"- · ..' ,,.~ By: /s/~irginiaDeputy' ' ' ClerkMagriV ' J'/'"'~ '*' :'~"'"'"'""',~ '