Ordinance 89-070ORDINANCE 89- 70
AN ORDI~;ANCE AMENDING ORDINANCE 82-2 THE
COMPREHENSIVE ZONING REGULATIONS FOR THE
UNINCORPORATED AREA OF COLLIER COUNTY,
_.._
-- . FLORIDA BY AMENDING THE OFFICIAL ZONING
~ ~-j]~ATLAS MAP NUMBER 50-26-5 BY CHANGING THE
-.ZONING CLASSIFICATION OF THE HEREIN
' ".~DESCRIBED REAL PROPERTY FROM "A-2" TO "PUD"
,' PLANNED UNIT DEVELOPMENT FOR SINGLE F~%MILY
.;~;iRESIDENCES (NOT TO EXCEED 650 DWELLING
:~i~'~'UNITS) ,..,_ GOLF COURSE AND RELATED FACILITIES
TO BE KNOWN AS CASA DEL SOL GOLF AND COUNTRY
CLUB FOR PROPERTY LOCATED ON THE WEST SIDE
OF CR-951 AND 3/4 MILE NORTH OF RATTLESNAKE
HAMMOCK ROAD IN SECTION 15, TOWNSHIP 50
SOUTH, RANGE 26 EAST, CONSISTING OF 240
ACRES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,.Glen Caudill of Anchor Engineering, representing
Shrewsbury Associates, petitioned the Board of County
Commissioners to change the zoning classification of the herein
described real property;
NOW, THEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
The Zoning Classification of the herein described real
property 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 Map Number 50-26-5, as
described in Ordinance 82-2, is hereby amended accordingly.
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.
DATE: 10/24/89 BOARD OF COUMTY COM~ISSIONERS
', COLLIER COUNTY, FLORIDA
·
' ~ BY:
. A~DERS, C~I~
A~VED AS TO F~M AND LEGAL SUFFICIENCY ~1~ o~1,~ filed wl~
~O~IE M. STUDE~T
ASSISTANT COUNTY ATTO~EY
R-89-11/SMP-89-15 PUD ORDINANC~
CASA DEL SOL GOLF AND COUNTRY CLUB
A
PLANNED UNIT DEVELOPMENT
BY
SHREWSBURY ASSOCIATES
741 SOUTH COLLIER BOULEVARD
SUITE 506
MARCO ISLAND, FLORIDA 33937
PREPARED BY:
ANCHOR ENGINEERING
790 HARBOUR DRIVE
NAPLES, FLORIDA 33940
,oo 632'
MAY 1989
REVISED JULY 1989
REVISED SEPTEMBER 11, 1989
REVISED SEPTEMBER 28, 1989
REVISED OCTOBER 17, 1989
STATEH£NT OF COMPLIANCE
The purpose of this section is to express the intent of
Shrewsbury Associates, hereinafter referred to as applicant or
sponsor, to create a P.U.D. on 240.0 acres of land located in
part of Section 15, Township 50 South, Range 26 East, Collier
County, Florida. The name of this proposed development shall
hence forth be known as Casa Del Sol Golf and Country Club. The
development' of Casa Del Sol Golf and Country Club as a Planned
Unit Development will be in compliance with the planning goals
and objectives of Collier County as set forth in the Growth
Management Plan. The residential development with associated
recreational facilities will be cons[stent with the
growth policies, land development regulations and applicable
Growth Management Plan documents for the following reasons:
AD
The subject property has available, or will have
available concurrent with the impact of development,
adequate levels of s~rvice for roads, water, sewer,
water management, parks and solid waste to serve the
development.
The subject property is located in the Urban
Residential Area and contained within a Residential
Density Band, as defined by the Future Land Use
Element.
The low density residential development is compatible
with and complimentary to the surrounding land uses.
Improvements are planned to be in substantial
compliance with applicable regulations.
The project development is planned to incorporate
natural systems for water management in accordance with
their natural functions and capabilities.
SHORT TITLE
This ordinance shall be known and cited as "Casa Del Sol Golf and
Country Club Planned Unit Development Ordinance."
ii
SECTION I
SECTION II
SECTION III
SECTION IV
SECTION V
SECTION VI
XNDEX
STATEMENT OF COMPLIANCE & SHORT TITLE
PROPERTY OWNERSHIP AND DESCRIPTION
PROJECT DEVELOPMENT
RESIDENTIAL
GOLF COURSE/RECREATION
CONSERVATION/WETLAND PRESERVE
GENERAL DEVELOPMENT COMMITMENTS
3 - ~
4 - ~
$ - !
EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
P.U.D. MASTER PLAN AND LOCATION MAP
TOPOGRAPHIC AERIAL
BOUNDARY SURVEY
VEGETATION MAP
036 634
SECTXON'I
PROPERTY OWNERSHIP AND LEGAL DESCRIPTION
1.01 PROPERTY OWNERSHrP
The subject property is currently owned by:
Name
parcel A
Max Israelson and Louis Friedman and Paul Sandler,
as Trustees
600 Jefferson Building
Baltimore, Maryland 21202
Parcel B
Steven Savage and Maryland National Bank,
as Trustees for Bernard Savage
c/o William A. Snyder, Esr.
1600 Maryland National Bank
Baltimore, Maryland 21202
Shrewsbury Associates is the Contract Purchaser of
Parcel A & B.
Shrewsbury Associates is an Authorized Agent for
property owners.
the
1.02 LEGAL DESCRIPTION
Parcel A
Commencing at the Northeast corner of said Section
15, T50S, R26E; thence S 870 36' 14" W along the
North line of said section i00.16 feet to the West
Right-Of-Way line of State Road 951; thence
S 00o 51' 53" W along said West Right-Of-Way line
892.87 feet to the POINT OF BEGrNN[NG; thence
continuing S 00o 51' 53" W along said West Right-
Of-Way llne for 1263.65 feet; thence S 87o 43' 59"
W a distance of 4845.28 feet to the West line of
said section; thence N 00o 16' 43" W along said
West section line a distance of 1262.52 feet;
thence N 87° 43' 59" E a distance of 4870.51 feet
to the POINT OF BEGINNING, containing 140.68 acres
of land more or less.
,oo 036 635
Parcel B
Commencing at the Northeast c~tnet o~ Section
Tovnship 50 South, Range 26 East, Collier Counby,
Florida. Then along the Eotth line oE Section
S 8?o 37' 14" ~ 100.16 leer to the ~est R[ght-O[-
Way line o~ State Road 951 to the POINT OP
BEGIt~ING; thence along the ~est Right-Of-Way line
$ 00o 51' 53" ~ 892.87 ~eet; thence S 870 43' 59"
N 4870.63 leer to the Nest line oE Section
thence alonq the ~est section line ~ 00o 15' 23"
882.49 ~eet to the ~otthvest co=ne= o[ Section
thence E 870 37' 14" £ 48B8.46 leer to the
O? BEGIt~NIt~G, containing 99.32 acres o[ land mote
ot less.
1 - 2
636
SECTION
2.01 PURPOSE
PROJECT DEVELOPMENT
The purpose of this section is to generally describe the
plan of the development and delineate the general conditions
that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
Casa Del Sol Golf and Country Club Is a planned community
vhlch includes a mixture of residential, golf courser
recreation, conservation, lake and wetland preserve areas.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
The project is planned to be In substantial compliance with
the applicable Collier County general zoning and subdivision
regulations as well as other Collier County development
codes in effect at the tlme permits or plats are requested.
2.04 LAND USES
The Master Development Plan shows proposed land uses of
development. Minor variations in acreage shall be permitted
at final design to accommodate vegetation, encroachments,
utilities, market conditions, and other hereto unforseen
site conditions.
2.05 PROJECT DENSITY
The total acreage of Casa' Del Sol Golf and Country Club Is
approximately 240.0 acres. The maximum number of dwelling
units to be constructed on the total acreage is 650. The
number of dwelling unit per gross acre is approximately 2.?.
2.06 DEVELOPMENT SEQUENCE AND SCHEDULE
It is estimated that the property will be developed in five
(5) to seven (?) years. However, this estimate is based on
current market knowledge. This estimate could change
depending on future market conditions.
EASEMENTS FOR UTILITIES
Easements shall be provided' for water management areas,
utilities and other purposes as m&y be needed. Said
easements and improvements shall be in compliance with the
Collier County Subdivision Regulations.
All necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in substantial
compliance with applicable regulations in effect at the time
approvals are requested.
2.08 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS
The following requirements of the Subdivision Regulations
shall be modified subject to review and approval by the
Project Review Services Manager at the time of construction
plan submittal.
Ao
Article X, Section 19: Street name stans These signs
shall be approved by the Project Review Services
Manager but need not meet U.S.D.O.~.F.H.W.A. Manual on
Uniform Traffic Control Devices. Street pavement
painting, striping, and reflective edging requirements
shall be subject to Project Review Services Manager
approval, but need not meet standard county
requirements.
Be
Article XI, Section 1: Access The Project Review
Services Manager may approve relocation of proposed
access points as shown on the P.U.D. Master Plan.
Article XI, Section 3: Blocks The requirement for
block lengths not to exceed 1,320 feet.
Article XI, Section 10: ~QDuments Where such monuments
occur within street pavement areas, they shall not be
installed in a typical water valve cover, as prescribed
in the current County standards.
Article XI, Section 17F: Street Right-Of-Way Wldth
Street Right-of-Way Width may be reduced to fifty (50)
feet for Private Streets only.
Article XI, Section l?I: Curb Radii
Reduce requirements from forty ({0') feet radius
thirty (30') feet radius at local to local roads.
to
2 -._2_.
Article XI, Section 17J:' Intersections Intersections
requiring curved'streets to have a minimum tangent of
100 feet at intersections, multiple intersections, and
street Jogs provided streets remain private.
Art]cie XI, Section 17K: The requirement for 100 feet
tangent sections between reverse curves of streets may
be reduced to 50 feet on private local roads only. Ail
County roads shall be built with a minimum of 100 feet
tangent.
Article XI, Section 21:
12" utility casing
intersections.
U~ility ca~ings That a spare
be provided at specified
2.09 bAKE SITING
As depicted on the Master Plan, lakes and natural retention
areas have been sited throughout the golf course. The goals
of this are to achieve an overall aesthetic character for
the project, to permit optimum use of the land, and to
increase the efficiency of the water management network.
Accordingly, the setback requirements described in Ordinance
88-26, Section SA, may be reduced with the approval of the
Project Review Services Manager.
2.10 LAKE EXCAVATION
Fill material from the lake is planned to be utilized within
the project, however excess fill material may be removed and
utilized off-site in accordance with Ordinance 88-26.
2.11 PEDICATION AND MAINTENANCE OF FACILITIES
Roads'will be private and other Infrastructure may be either
public or private, depending on location, capacity, and
design. Developer shall create appropriate homeowner and or
condominium associations which will be responsible for
maintaining the roads, drainage, ~ater and sewer
improvements where such systems are not dedicated to the
County. The Maintenance Covenants shall be recorded prior
to platting.
2.12 PLANNED UNIT DEVELOPMENT SITE PLAN APPROVAL
Site Development Plan approval shall follow the procedures
set forth In Section 10.5 of the County Zoning Ordinance.
2 - 3
036 639
2.13 MODEL HOMES
Model Homes shall be permitted within this pro~ect subject
to the following provisions:
Models may be allowed to be constructed in each phase
prior to recording of a plat for the respective phase.
Models may be permitted as either "dry models" or with
temporary utility systems (i.e. veil and septic
tank/drainfield) prior to availability of central
utility systems. Models may not be occupied until a
certificate of occupancy is issued.
Co
Models may not be utilized as "sales offices" without
approval by and through the Site Development Plan
process. The SDP process shall not be required for
models pursuant to this section.
Prior to recorded plats, metes and bounds legal
descriptions shall be provided to and accepted by
Collier County as sufficient for building permit
issuance. Said metes and bound~l legal descriptions
must meet proposed plat configurations.
Temporary access and utility easenents may be provided
in lieu of dedicated right-of-ways for ingress, egress
and utility service to model homes.
Sales, marketing, and administrative functions are
permitted to occur In designated model homes within the
project only as provided herein.
Models for each phase shall be in model centers on
adjacent lots or parcels in locations approved by the
Planning Services Director.
2 - 4
,oo
SECTION
RESiDENTiAL
3.01 ~URPOSE
The purpose of this Section is to set forth the regulations
for the Residential areas.
3.02 MAXIMUM DWELLTNG UNITS
A maximum number of 650 dwelling units ma}' be constructed on
areas designated residential.
3.03 PERMITTED U~ ~O STRUCTURES
No building or structure, or part thereof, shall be erected,
altered, or used, or land or water used, in whole or in
part, for other than the following:
A. Permitted Principal Uses and Structures
1. Single Family detached type dwelling structures
and Manufactured Homes.
2. Single Family attached type dwelling structures
(villas, cjuster, patio homes, zero lot-line
units, and other similar single family attached or
semi-attached dwellings).
B. Permitted Accessory Uses and Structures
1. Customary accessory uses and structures, including
but not limited to private garages, private
swimming pools and spas.
2. Model homes shall be permitted in con~unction with
the promotion of the development.
3. Recreational facilities.
3.04 DEVELOPMENT STANDARDS
A. Uses in ].0].A.1
1. Minimum Site Area: 6,000 Square Feet
2. Average Minimum Width: 60 Feet *
3. Average Minimum Site Depth: 100 Feet
] - I
Uses In 3.03.A.2~
1. Minimum Site Area: 5,000 Square Feet
2. Average Minimum Width: 50 Feet *
3. Average Minimum Site Depth: 90 Feet
Minimum Yards: Detached 3ingle Family
Front Yard - 20 Feet
Side Yard - 7.5 Feet
Rear Yard (Principal Setback) - i0 Feet
- 20 Feet ***
Rear Yard (Accessory Setback) - 5 Feet ** - 20 Feet
Distance Between Principal Structures - 15 Feet
Eo
Minimum Yards: Manufactured Homes
1. Front Yard - 20 Feet
2. Side Yard 5 Feet
Rear Yard (Principal Setback) - 10 Feet **
- 20 Feet ***
4 o
Rear Yard (Accessory Setback) - 5 Feet **
- 20 Feet ***
5. Distance Betveen Principal Structures - 10 Feet
Minimum Yards: Zero Lot Line, Villas, Patio Homes,
Cjuster Homes and other Slmflar Single Family Attached
Dvellings
1. Front Yard - 20 Feet
Side Yard (Zero Lot Line and Patio Homes) -
0 Feet or L0 Feet
(Villa) - 15 feet betveen
detached structures
(Cjuster Homes) - 15 feet batveen
detached structures
Rear Yard (Principal Setback) - l0 Feet ** - 20 Feet
3 - 2
Rear Yard (Accessory Setback) - § Feet
- 20 Feet
Distance Between Principal Structures - I0 Feet
F. Minimum Building Floor Area: 1,000 Square Feet
Maximum Building Height: 35 Feet or 2 habitable
stories
H. Maximum }{eight of Accessory Structures: 20 Feet
I. Each Dwelling Unit Will Have a 1 (:ar Garage Minimum
J. Guardhouse: 30 Foot Setback for Project Boundary
A 5 foot maintenance easement shall be provided
abutting all structures built with a zero foot setback
* SITE WIDTH: The average distance between straight lines
connecting front and rear parcel lines at each side of the
site, measured as straight lines between the foremost points
of the side parcel lines in the front (at the point of
intersection with the front parcel 1)ne) and the rearmost
point of the parcel lines at the rear (point of intersection
with the rear parcel line). May be reduced on cul-de-sac
lots with a minimum Right-of-Way frontage of 25' measured
along the arc.
** Where structure abuts golf course, lake, wetland or upland.
*** Where structure abuts project boundary.
3 - ]
DEFINITIONS
A. Cjuster Homes:
Two (2) or more dwelling structuzes, each containing
one (1) or two (2) dwelling units, with no parcel of
ground in single ownership at the time of development,
with frontage on a public street or approved private
street.
B. Patio Homes/Zero Lot Line:
Patio homes and Zero Lot Line Homes are single family
detached dwelling structures on individually platted
lots which are designated to provide maximum usage of
outdoor living space while insuring privacy from
adjacent housing by providing a side yard or "patio" of
greater than norma! width on one (1} side of the
dwelling and no yard on the other.
C. Villa:
Two (2) or more attached single family residences;
typically one-story structures.
D. Manufactured Homes:
Shall have the definition as set forth in the Florida
State Statues Section 553.36(111 for "Manufactured
Building".
CASA OEL SOL GOLF AND COUNTRY CLUB
LAND USE SUMMARY
TABLE
pesgriptton
Residential
GOlf Course
Lakes
Wetland Preserve
Conservation
· Road Right-of-Way
Clubhouse
STP, Maintenance and Storage
Total Development
Units
65O
650
] - 5
036 645
Approximate Acreage
95.6
29.?
37.0
9.4
29.9
29.6
4.6
5.3
240.0
4.01 PURPOSE
.:
SECTION IV
GOLF COURSE/RECREATION
The purpose of this Section is to set forth the regulations
for the areas designated as Golf Course on the Planned Unit
Development Master Plan.
4.02 PERM[TTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered or used, or land or rater used, in vhole or in part
for other than the following:
A. Permitted Principal Uses and Structures
1. Private golf course.
2. Water manageme~]t facilities and essential
services.
Be
3. Open space recreational activities and uses.
4. Community center/clubhouse.
Permitted Accessory Uses and Structures
1. Clubhouses, pro shop for goLf equipment and
related sales, practice driving range and other
customary accessory uses of golf courses, or other
recreational facilities.
Gift shops, restaurants, cocktail lounges, and
similar uses, intended to exclusively serve
patrons of the golf course or other permitted
recreational facilities.
Shuffleboard courts, tennis courts, swimming
pools, and other types of facilities intended for
outdoor recreation.
Roads, pathways, accessory uses and structures
customarily associated with the permitted usa,
including but not limited to utility structures,
water management facilities, etc.
Vehicle wash facility for the maintenance vehicles
necessary for a Golf Course Community.
4 - 1
4.03 pEVELOpMENT STANDARDS
Overall site design shall be harmonious
landscaping, enclosure of structures,
access streets and parking areaa and
treatment of buffer areas.
in terms oE
location o!
Zocation and
Buildings shall be set back a minimum of tventy
feet from parcel boundaries. Recreational facilities
shall setback a minimum of ten (10') feet from parcel
boundaries.
Lighting facilities shall be arranged in a manner which
will protect roadvays and neighboring properties from
direct glare or unreasonable Interference.
D. Maximum height of structures: Fifty (50'; feet.
Minimum distance betveen principal structures: Tventy
(20') feet.
Fo
Parking for the community center/clubhouse shall be one
space per one hundred (100) square feet of gross floor
area per Zoning Ordinance 82-2.
Unless othervise specified herein, minimum standards
for, lighting, and landscaping !;hall conform with
applicable Collfer County Regulations in effect at the
time permits are sought.
4 - 2
5.01 PURPOSE
.;
SECTION V
CONSERVATiON/WETLAND PRESERVE
The purpose of this Section is to set forth the regulations
for the areas designated on Planned Unit Development Master
Plan.
5.02 PERMITTED USES AND STRUCTURES
NO building or structure, or part thereof, shall be erected,
altered or used, or land or water used, ]n whole or in part,
for other than the following:
A. Parks, passive recreational areas, boardwalks.
B. Biking, hiking and nature trails.
C. Equestrian paths.
D. Water management facilities, roadway crossings and
utility crossings.
E. Recreational shelters and restrooms.
Any other open space activity or use which Is similar
In nature with the foregoing uses and which the
Community Development Administrator determines to be
compatible with the intent of this district.
5.03 DEVELOPMENT STANDARDS
A. ~ Overall site design shall be harmonious with the areas
natural ecological characteristics in terms Of
landscaping, enclosure of structures and location of
access points.
5 - 1
SECTIO~ VI
GENERAL DEVELOPMENT COMMITMENTS
6.Ol puRpos~
The purpose of this Section is to set forth the development
comaitments of the project.
6.02 P,U.D. MASTER PLAN
The P.U.D. Master Plan ts 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
project criteria and comply with all applicable
requirements of this ordinance.
The necessary easements, dedications, or other
instruments shall be granted to Insure the continued
operation and maintenance of all service utilities.
Co
Site design changes shall be p~rmitted subject to
County staff administrative approval, where such
changes are consistent with the intent of this P.U.D.
and do not cause significant impact to surrounding
properties.
6.03
To be Included in accordance with the agreed
stipulations of the Environmental Advisory Council.
6.04 WATER MANAGEMENT
upon
To be Included In accordance with the agreed
stipulations of the Water Management Advisory Board.
6.05 TRANSPORTATION
upon
Prlpr to the issuance of the 280th building permit,
Developer shall provide a transportation Impact study to
analyze compliance with the County's Concurrency Management
System.
6.06 UTILITIES ..
upon
To be included In accordance with the agreed
stipulations of the County Utilities Engineer.
6 - 1
/ .... m .................. m-- m
6.07 SIGNAGE
O=d[nance No. 89-60.
the Collier
County Sign
6 - 2
l II~l,
"'I
.Ii
Itlii Iii
IlllI 1t!i 1!
I~ Glen Caudill, aa owner or authorized aqent for Petition
R-Bg-ll (Companion Item SMP-sg-ls), agree to the following
stipulations requested by the Collier County Planning
Commission in their public hearing on October 5, 1989.
me
3e
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 for their revie,~ and subject to
approval prior to any 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.
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 subject to approval by the Natural Resources
· Management Department and the Community Development
Division.
If, during the course of site clearing, excavation, or
other constructional activities, an archaeological or
historical site, artifact, or other indicator is
discovered, all development at that location shall be
immediately stopped and the Natural Resources Management
Department notified. Development will be suspended for a
sufficient length of time to enable the Natural Resources
Management Department or a designated consultant to assess
the find and determine the proper course of action in
regard to its salvageability.. The Natural Resources
Management Department will /respond to any such
notification in a timely and efficient manner so as to
provide only a minimal interruption to any constructional
activities.
EXHIBIT "B"
655
9e
10.
ACOE
AND SFWMD permits shall be obtained and copie~ will
be forwarded to Collier County Project Review Services
(CCPRS). If required ACOE and/or SFWMD mitigation alters
the proposed SMP-89-15, the site plan shall be subject to
the review process in effect at that time.
Documentation of approval of the survey (methodology and
results) conducted by petitioner's agent shall be obtained
from the Florida Game and Fresh Water Fish Commission in
regards to the presence and distribution of protected
animal species. If so required or if during development
activities protected species are encountered, CCPRS shall
immediately be notified and project designs shall be
adjusted if warranted.
Protected plant species listed as sited in the revised EIS
and those sited during development activities shall be
protected from injury or relocated on site, preferably to
preserve or !andscaping areas.
Ail preserve areas as designated on the Master Plan shall
be flagged by the petitioner prior to any construction in
the abutting area, and habitat preserve boundaries shall
be subject to the review and approval of the Collier
County Project Review Services (Environmental Review
Staff). The wetland and/or upland preservation areas
shall be deeded to and under the control of the Homeowners
association or management company to be maintained in its
natural state for as long as the development exists. No
upland or wetland preservation areas or zones shall be
altered or modified from the natural state.
Prior to any development activities near wetland or upland
preserves, buffer zones, cjuster tree islands,
landscaping, wetland restoration or creation, or any other
unique area designated so by the environmental consultant,
shall be clearly marked with wooden or other suitablm
barriers no closer than six feet from such area.
Seventy-five percent (75%) native/xericscape landscaping
shall be required for all residential areas and ninety
percent (90%) for all common areas. Landscape
restrictions and guidelines shall be incorporated into
policies and/or deed restrictions.
All competitive exotic vegetation shall be mechanically
removed in areas isolated from native trees and shrubs,
and manually removed or treated with an approved herbicide
and left standing in areas where native trees or shrubs
could be damaged by .the removal operation. Annual
monitoring and maintenance shall be conducted' by a
qualified restoration ecologist. Monitoring and
maintenance plan shall be part of final site plan. No
chemical spray treatment shall be used since young plants
are easily pulled out by hand. Monitoring report to be
submitted with annual PUD report.
11. There shall be no disposal of raw or garden residues in
any of the wetland or upland preservation areas or buffer
zones. This restriction will be incorporated into
policies and/or deed restrictions.
12. Residential units shall be subject to the. following
guidelines that shall be incorporated into policies, deed
restrictions and incorporated into the plat as an
easement.
(a) Units shall maintain a 15 foot natural buffer along
the rear lot.
(b) If the buffer zone has a native tree canopy less than
30%, it must be planted to reach the 30% level within
5 years, the lot owner may plant additional native
trees and/or shrubs as long as it does not compete
with or damage any of the existing vegetation.
(c) The buffer zone understory of grasses, hedges and
weeds may be selectively cut or mowed once a year
during the months of December, January or February
with the mower blade set at least four inches off the
ground.
(d) Exotic vegetation shall be removed and annually
controlled to prevent it from out-competing and
displacing native plants.
(e) Areas that are impacted by fill, beyond the 12 feet
perimeter yard area, the yard area including the
buffer shall be re-vegetated to a minimum tree canopy
of 30% within 5 years with native and/or
non-competitive ornamental species such that a
minimum of 75% of the canopy consists of native
species.
(f) To provide maximum wildlife habitat, cjusters of
trees and/or shrubs and palmettos (i.e. slash pine
with palmetto and/or wax myrtle growing around their
bases) on lots where the canopy is less than 30%,
,oo 036 . .fi57
13.
shall be treated as landscape islands and shall be
limited to the occasional raking or removal of debris
from the understory as a fire prevention measure.
The wet prairies shall be cut with a rota~-blade chopper
(bush-hog) once every two years, alternating, so only half
of an area is cut eaoh year.
14. Lake creation shall be subject to the follo%;ing:
(a)
Control of aquatic vegetation shall be done manually,
as required, to provide and enhance long term
community diversity of native spec/es and ensure
against more opportunistic species out competing
desirable ones.
(b) No chemicals shall be used as a vegetation control
method.
In lakes where species such as cattails begin to
out-compete other emergent plants, mechanical
harvesting of no more than 75% shall be employed as
long as it does not alter the littoral zone
configuration and the area is re-vegetated with more
desirable species.
(d) Constructed lakes shall maintain a littoral zone
around the lake with typical native aquatic
vegetation relocated from on site and/or propagated
by commercial sources. Lake littoral zones will be
designed in accordance with Water Management District
and U.S. Army Corps. of Engineers permit
specifications.
(e) At least 5.2 acres of native herbaceous aquatic
plants and 2 acres of native wetland hammock trees
and shrubs shall be planted in the littoral zones and
lake margins up to the rear lot line except for
easements required by South Florida Water Management
District for maintenance purposes.
(f) Revise the Subdivision Master Plan and PUD Master
Plan to include a typical cross section indicating
and identifying the lake water's edge, the bank
slope, the water management maintenance easement and
the buffer area on the rear of the single family
lots, all to be done prior to the CCPC hearing.
16.
17.
19.
20.
Functional submerged wetlands and wetland preserve/
conservation areas, as identified Jointly by the project
ecologists and ecologists from the County, Corps. of
Engineers and the South Florida Water Management District
shall be preserved, restored and maintained. Detailed
water management plans designed to maintain historic
hydropertods in all wetland areas aforementioned shall be
submitted for environmental approval by Collier County
Project Review Services prior to construction plan
approval.
23.7 acres of transitional wetlands shall be preserved or
restored.
9.5 acres of uplands, as designated, shall be preserved.
Golf course fairways and community property shall be
subject to:
(a)
(b)
Areas of native vegetation shall but cut no more than
twice a year with a rotary chopper (bush-hog) set 6
inches off the ground, during the mcnths between
August and February.
No fertilizers or chemicals shall be applied to areas
of native vegetation except for planted trees and
shrubs to help promote root development and stem
growth.
(c)
natural tree and shrub cjusters shall be protected
from cutting as they provide diversity and cover for
wildlife.
(d)
If treated wastewater effluent becomes available from
existing or future wastewater treatment plants, an
agreement shall be made to use such effluent for
irrigation of the golf course.
The proposed 5 year wetland water level and revegetation
monitoring program will be submitted to the CCPRS and
SFWMD for approval five years after the completion of the
development phases.
A 20 foot buffer will be provided around preserve/
conservation area land, wetlands, protected uplands, or
other areas designated under the plan to be protected,
subject to water management district specifications for
buffers. Lakes will be an exception to this buffer zone
and subject to buffer zone requirements of SFWMD.
BOOK
03fi; .659
22.
23.
24.
25.
26.
2'7.
Prior to final site construction approval, all
conservation and preserve areas and all ACOE, SFWMD
Jurisdictional wetlands shall be represented on the site
plan by a survey prepared, signed and sealed by a
prof,ssional land surveyor. Prior to construction, areas
subject to alteration shall be flagged by the petitioner,
the alignments/configurations to be subject to the review
and approval of Collier County Project Review Services.
Designate on the plat as conservation easement those areas
of existing native vegetation to be preserved and the 15
foot buffer of native vegetation to be preserved as noted
on the PUD Master Plan and/or identified in the EAC Staff
report. These areas also would be identified on the
revised Subdivision Master Plan and PUD Master Plan prior
to the CCPC hearing. The easements shall not be dedicated
to Collier County.
Place a notation on the final plat indicating that sod
alteration, development, maintenance etc. within
conservation easements is restricted by the provisions of
the Casa Del Sol PUD Ordinance 89- (whatever the number
will be).
Provide setback distances from the conservation easement
within the development standard portions of the PUD
document.
For all of the stipulations above, mutual agreements must
be reached between Collier County Project Review Services
and personnel of Casa Del Sol. If =utual agreements
cannot be reached, the matter will be brought before the
Environmental Advisory Council or whatever County
environmental review board is in power at the time of
disputes; this governing entity will act as an arbitrator
for disputes. If arbitration is futile, the matters will
be brought before the Board of County Commissioners (BCC),
to BCC to act as the final arbitrator.
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.
An Excavation Permit will
lake(s) in accordance with
88-26 and SFWMD rules.
be required for the proposed
Collier County Ordinance No.
036 660
32,
33.
A 45 ft. wide strip of land along the entire western
property line shall be dedicated for canal widening and
maintenance purposes.
A copy of SFWMD permit or Early Work Permit is required
prior to construction plan approval.
Fill material from the lake is planned to De utilized
within the project. However, excess fill material, up to
10t of the total or a maximum of 20,000 cubic yards may be
removed and utilized off-site subject to the requirement
of Ordinance 88-26 including but not limited to traffic
impact fees, etc. Removal of material in excess of 10t of
total or maximum of 20,000 cubic yardm must meet the
requirements of a commercial excavation per Ordinance
88-26.
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.
Work within Collier County right-of-way shall meet the
requirements of Collier County right-of-way Ordinance
82-91.
Platting is required in accordance with Collier County
Subdivision Regulations, if any lots, tracts, or parcels
are to be sold.
Final Plans shall reflect signs on the 30' emergency exit
which will discourage its use as a regular ingress/egress
driveway.
Modify Section 2.08 of PUD document as follows:
(a)
In Section 2.08 of the PUD document the words "County
Engineer" shall be replace by "Project Review
'Services Manager".
(b} Item "G" - Clarify the request.
37. Final plans shall Identify the
38.
39.
40.
41.
point at which the 120'
right-of-way commences. This shall be determined by
Transportation Services based on t~afflc analysis.
Water distribution, sewage collection and transmission and
interim water and/or sewage treatment facilities to serve
the project are to be deslgned~ constrccted, conveyed, owned
and maintained in accordance with Collier County Ordinance
No. 88-76, as amended, and other applicable County rules and
regulations.
All customers connecting to the water distribution and
sewage collection facilities to be constructed will be
customers of the County and viii be billed by the County in
accordance with the County's established rates. Should the
County not be In a position to provide water and/or sewer
service to the proJect~ the water and/or sewer customers
shall be customers of the Interim utility established to
serve the project until the County's off-site water and/or
sewer facilities are available to serve the project.
It Is anticipated that the County Utilities Division will
ultimately supply potable water to ~eet the consumptive
demand and/or receive and treat the sewage generated by this
project. Should the County system not be in a position to
supply potable water to the project and/or receive the
project's ~astevater at the time development commences, the
Developer, at his expense will Install and operate Interim
water supply and on-site treatment facilities and/or Interim
on-site sewage treatment and disposal facilities adequate to
meet all requirements of the appropriate regulatory
agencies. An agreement shall be entered into between the
County and the Developer, binding on 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.
If an Interim on-site water su~plyt treatment and
t~ansmlasion facility la utilized to serve the p~o~ect, lb
must be properly sized to supply average peak day domestic
demand, in addition to fire flow demand at a rate approved
by the appropriate Fire Control District servicing the
project area.
42.
43.
44.
45.
46.
The on-site water dl'strlbutlon system to serve the project
must be connected to the District's 20 inch water main on
the west side of CR 951 and extended throughout the pro~ect.
During design of these facilities, the following features
shall be incorporated into the distribution system:
(a) Dead end mains shall be eliminated by looping the
internal pipeline network.
Stubs for future system lnterconnectlon with adjacent
properties shall be provided to the east and the south
property lines of the pro,eot, at locations to be
mutually agreed to by tha County and the Develope~
during the design phase of the project.
The utility construction documents for the pro~ect's
sewerage system shall be prepared to contain the design and
construction of the on-site force main which will ultimately
connect the pro~ect to the futu:e central severage
facilities of the District In the CR 951 rights-of-way. The
force main must be extended from the main on-site pump
station to the vest rights-of-way line of CR 951 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 sever facilities becomes available.
The project's Developer(s) his assigns or successors shall
negotiate an Agreement with the District for the use of
treated sewage effluent within the pro~ect 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 proJact and negotiate with
the County to provide full or partial on-site storage
facilities, as required by the DER, consistent with the
¥olume of treated vastevater to be utilized.
Prior to approval of construction documents by the County,
the Developer must present verification pursuant to Chapter
367, Florida Statutea~ that the Florida Public ~ervlce
Commission has granted territorial ~lghts to the Developer
to provide sever and/or water service to the pro~ect until
the County can provide these services through Its water and
sever facilities.
The existing off-site rater facilities of the District must
be evaluated for hydraulic capacity to serve this pro~ect
and reinforced as required, If necessary, consistent with
the County's Water Master Plan to insure that the District's
water system can hydraulically provide a sufficient quantity
of water to meet the anticipated demands of the pro,eot and
the District's existing committed capacity.
48.
49.
50.
52.
56.
57.
58.
Street right-of-way widths: Since pavement widths will
conform to 'subdivision regulations the fifty feet (50')
right-of-way Is adequate for the shorter cul-de-sac lots
and minor private roads as designated on the Master Plan.
~treet pavement widths: The pavement widths vi1! be In
conformity with the subdivision regulations.
Curb radii: Curb radius minimum of thirty feet C30') will
allow adequate space for the movement of fire and rescue
vehicles.
Intersections: The fifty feet (50') minimum %angent
sections will not significantly Impede the maneuverability
of fire and rescue vehicles. The forty feet (40') radius in
all cul-de-sacs may alloy adequate space for a three point
turn around of fire and rescue vehicles, and the ten feet
(10') right-of-way may allow adequate space for the
additional vehicular overhang.
Looped water mains: It was agreed that the water system
would be looped via two (2) tie-ins to the twenty inch (20")
main on CR 951.
Access to the golf course areas: The gridvork of cart paths
will allow access to the golf course areas.
Side and back clearance are within the requirements of the
subdivision regulations.
Fire hydrant and thrust block inspections= This requirement
viii be made knovn to the contractor during the pre-
construction conference.
The developer shall provide left and right turn lanes on CR
951 at the project entrance. If a median opening is
permitted upon the four laming of this road, the developer
shall be responsible for the cost of all needed Intersection
modifications.
The developer shall provide arterial level street lighting
at the project entrance.
The developer shall provide a fair share contribution toward
the capital cost of a traffic signal at the pro~ect entrance
when deemed warranted by the County. The signal shall be
owned, operated and maintained by Collier County.
The developer shall provide 25 feet of additional road
right-of-way along the west side of CR 951, within which
there shall be no utilities.
10
59.
There shall be no golf cart crossings on any road that
become public.
60. A second access to CR 951 shall be provided. At the
developer's option, it may be limited to emergency uses
only.
61. ;If 'a gate house is to be provided at the project entrance,
it shall be designed and located so as not to cause vehicles
to be backed up to CR 951.
62. All traffic control devices used, excluding street name
signs, shall conform with the Manual on Uniform Traffic
Control Device~ as regulred by Chapter 316.0747, Florida
Statutes.
63. All required Improvements, except signalization, shall be in
place before any certificates of occupancy are Issued.
64. These improvements are considered "site related" as defined
In Ordinance 85-55 and shall not be applied as credits
toward any impact fees ~equired by that ordinance. Road
Impact Fees she1! be paid In acco=dance ¥1th the fee
schedule and applicable development type as set forth in
Ordinance 85-55.
65. The project shall be designed for central water and sewer.
66. The development w111 provide notice of the adjacent air
strip In the sales brochure.
,
67. The single family residences abutting the western property
"i :': line shall be limited to a maximum height of 25 feet above
, ~' the finished ground.
%
11
REPRESENTATIVE FOR CCPC
SWORN TO AND SUBSCRIBED BEFORE ME T}{IS //~
~ , 1989.
DAY OF
SEAL
MY COMMISSION EXPIRES:
NOTARY
R-89-11 AGREEMENT SHEET
12
036 666 "'
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circui=, Collier County, Florida, do
hereby certify that the foregoing is a true ¢o9y of:
Ordinance No, 89-70
which was adopted by the Board of County Commissioners on the
24th day of October, ~989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commiss~oners of Collier County, Florida, this 2?th
day of October 1989.
Clerk of Courts and u~er~c-'.' ..... ~,. '
Ex-officio to Board of "..'"'*~
County Commissioners .". ,.
Deputy Clerk ¢.:! . ..j.~<.