Ordinance 83-46ORDINANCE 83-,.,46
AN ORDINANCE AMENDING ORDINANCE 82-2 T~E COM-
PREHENSIVE ZONING REGULATIONS FOR THE UNINCOR-
PORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE ZONING ATLAS MAP NUMBER 69-26-5 AND
~9-26-8 BY CHANGING ~{E ZONING CLASSIFICATION OF
THE HEREIN DESCRIBED REAL PROPERTY FRON A-2 AND
A-2ST TO "PUD" PLANNED UNIT DEVELOPMENT FOR~
BERKSHIRE LAKES; LOCATED BE~'~EN GOLDEN GATE
CITY AND DAVIS BOULEVAKD 1~ MILES WEST OF C-951
AND PROVIDING AN EFFECTIVE DATE:
~EREAS, John J. Agnelli, Authorized Representative p~ittone~
the Board of County Commissioners to change the ZoninR Classr~nficat~'~on
of the herein described real property;
NOW, TItEREFORE BE IT ORDAINED by the Board of County
Commissioners of Collier County, Florida:
SECTION ONE:
The Zoning Classification of the herein described real property
located in Sections 32 and 33, To~rnship 49 S, Range 26 E, Collier
County, Florida is changed from A and A-ST to "PL~" Planned Unit
Development in accordance with the PUD document attached hereto as
Exhibit "A" ~hich is incorporated herein and by reference ~ade part
hereof. The Official Zoning Atlas Nap Number, Number a9-26-5 and
a9-26-8, as described in Ordinance 82-2, is hereby amended
accordingly.
SECTION TWO:
Thi. Ordinance .hall become effective upon receipt of notice
that ia he. been filed vith the Secretary of State.
DATE: August 16, 1983
ATTEST:
WILLI;~M 3. REAGAN, CLERK
· ,,',~ '~ .~,1 ,,' ~ ~ ,
L..'" ......
" '2gerk~hlge"Lake~
BO;d~D OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
~%'-F)~c£s KRUSE,CtUU.~/~
STATE OF FIDRI~A )
a~0brfY OF ~IER )
~, ~LLIA~ J. REAGAN, Clerk of Courts in and for the T~enCiech
Judicial C£rcu~t, Collier County. Flor!da, do hereby certify that the
forezoing is a true original of:
OPJ~INA~KiE NO. 83-46
which was adopted by the Board of County C~ssioners ch~rir~
Session the 16th day of August, 1983.
l,rrl/qESS my hand and the official seal of the Board of County
Ccrn~issioners of Collier County, Florida, this 17th day of ~x~ust, 1983.
This ordinance filed with the
Secretary of State's Office the 22nd
day of Ang., 1983 and ackr~wl~t
of tha~ filing received this zorn
Deput)~'Clerk
PLANNED UNIT DEVELOPMENT DOCUMENT
FOR
BERKSHIRE LAKES
A PLANNED RESIDENTIAL COMMUNITY
WILSON, MILLER, BARTON, SOLL & PEEK, INC.
ENGINEERS, PLANNERS & LAND SURVEYORS
1383 Airport Road North
Naples, Florida 33942
Date Issued~ January 5, 1982
Revised~ August 2, 1983
INDEX
LIST OF EXHIBITS
STATEMENT OF COMPLIANCE & SBORT TITLE
SECTION I, PROPERTY OWNERSHIP & DESCRIPTION
SECTION II PROJECT DEVELOPMENT
SECTION III SINGLE-FAMILY RESIDENTIAL
SECTION IV MULTI-FAMILY RESIDENTIAL
SECTION V COMMERCIAL/MULTI-USE
SECTION VI GOLF COURSE "G.C."
SECTION VII RECREATION AND OPEN SPACE/PARK
SECTION VIII GENERAL DEVELOPMENT COMMITMENTS
PAGE
ii
iii
2-J
]-I
4-1
7-~
017
LIST OF EXHIBITS
EXHIBIT
MASTER DEVELOPMENT PLAN
(Prepared by Wilson, Miller, Barton,
Soll & Peek, Inc., File No. RZ-73)
STATEMENT OF COMPLIANCE
The development of approximately 1,093 acres of property in
Sections 32 and 33, Township 49 South, Range 26 East, and
Section 5, Township 50 South, Range 26 East, Collier County,
Florida, as a Planned Unit Development to be known as BERKSHIRE
LAKES, will be in compliance with the planning goals and ob-
Jectives of Collier County as set forth in the Comprehensive
Plan. The residential, commercial/multi-use development and
associated recreational facilities of BERKSHIRE LAKES will be
consistent with the growth policies, land development regu-
lations and applicable Comprehensive Plan documents for the
following reasons:
~)
The subject property has the necessary rating points to
determine availability of adequate community facilities
and services.
2) The project development is compatible and complementary
to the surrounding ~and uses.
3) Improvements are planned to be in substantial com-
pliance with applicable regulations.
4)
The project development will result in an efficient and
economical extension of community facilities and ser-
vices.
5)
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 the "Berkshire Lakes
PUD Ordinance."
iii
SECTION I
PROPERTY OWNERSBIP & GENERAL DESCRIPTION
1.01 INTRODUCTION AND PURPOSE
It is the intent of John J. Agnelli (authorized repre-
sentative) (hereinafter called "applicant" or "deve-
loper") to establish and develop a Planned Unit Develop-
ment (PUD) on approximately 1,093 acres of property
located in Collier County, Florida. It is generally
bordered on the west by St. Clair Shores, an unrecorded
subdivision and on the east by the Green Heron Planned
Unit Development. The northern boundary of the property
is the Golden Gate Canal. The southern edge of the prop-
erty is bounded by Davis Boulevard. It is the purpose of
this document to provide the required standards and to
set forth guidelines for the future development of the
property.
1.02 NAME - The PUD development shall be known as BERKSHIRE
LAKES.
1.03 LEGAL DESCRIPTION
Section 32, Township 49 South, Range 26 East, Collier
County, Florida;
less South 50 feet for Right-of-Way for Radio Road
(County Road 856);
less that land as described in O.R. Book 818, page 806 of
Collier County, Florida.
ALSO the west 5/6 of the west 1/2 of Section 33, Township
49 South, Range 26 East, Collier County, Florida;
less south 50 feet for Right-of-Way for Radio Road
(County Road 856);
less that land as described in O.R. Book 818, page 810 of
Collier County, Florida.
ALSO the east 1/2 of Section 5, Township 50 South, Range
26 East, Collier County, Florida;
less south 75 feet for Right-of-Way of Davis Boulevard
Extension (S.R. 84);
less north 50 feet for Right-of-Way of Radio Road (County
Road 856).
subject to easements, restrictions, and reservations of
record;
containing ~1093 acres more or less.
I-1
017 , 248
1.04 TITLE TO PROPERTY
Subject properties are currently under the unified
control of Barnett Bank Trust Company, N.A. Trustee~
under Trust No. 36-8750.
0t7 ,A~249
SECTION
PROJECT DEVELOPMENT
2.01 PURPOSE
The purpose of this Section is to generally describe the
plan of the development and delineate the general con-
ditions that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
Berkshire Lakes is a planned community, which includes a
mixture of residential and commercial/multi-use uses,
golf course, open space/parks and preserve areas.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
The project is intended 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 time permit plats are
requested.
2.04 FRACTIONALIZATION OF TRACTS
a. When the developer sells an entire Tract or a build-
ing parcel (fraction of a Tract) to a subsequent
owner, or proposes development of such property him-
self, the developer shall provide to the Adminis-
trator for approval or denial, prior to the sale of
such property, 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 type assigned to
the property.
b. In the event any residential tract or building parcel
is sold by any subsequent owner, as identified in
Section 2.04(a), in fractional parts to other parties
for development, the subsequent owner shall provide
to the Administrator, 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 nu~-
bet of dwelling units assigned to each of the
fractional parts.
2-1
0i7 250
The drawing shall also show the location and size of
access to those fractional parts that do not abut a
public street.
In the event a commercial tract or building parcel is
sold by any subsequent owner, as identified in
Section 2.04(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.
The developer of any tract or building parcel must
submit at the time of application for a building per-
mit, 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
offstreet 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.
In evaluating the fractionalization plans the Ad-
ministrator's decision for approval or denial shall
be based on compliance with the criteria and the de-
velopment intent as sst forth in this document, con-
formance with allowable numbers of residential units
and the reasonable accessibility of the fractional
parts to public or private roadways, common areas, or
other means of ingress and egress.
If approval or denial is not issued within ten (10)
working days, the submission shall be considered au-
tomatically approved.
2-2
2.05 SITE PLAN APPROVAL
When site plan approval is desired or required by this
document, the following procedure shall be followed:
A written request for site plan approval shall be sub-
mitted to the Director for approval or denial. The re-
quest 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.
Such material may include, but is not limited to the fol-
lowing, where applicable:
A) .Site plans at an appropriate scale showing proposed
placement of structures on the property; provisions
for ingress and egress, offstreet parking and off-
street loading areas, yards and other open spaces.
B) Plans showing proposed locations for utilities hook-
up.
C) Plans for screening and buffering.
D) Plans for proposed signs and lighting.
E)
In the case of cjustered buildings and/or zero lot
line with common architectural theme, required prop-
erty development regulations may be waived or reduced
provided a site plan is approved under this section.
2-3
2.06 LAND USES
The following table 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 "H", Master Development Plan. Minor
changes and variations in design and acreages shall be
permitted at final design to accommodate topography,
vegetation and other site conditions. The specific lo-
cation and size of individual tracts and the assignment
of dwelling units thereto shall be submitted to the Ad-
ministrator for approval or denial.
The. final size of the recreation and open space lands
will depend on the actual requirements for water
management, golf course layout, roadway pattern and
dwelling unit size and configuration.
2-4
eeox 0:t7
LAND USE SCHEDULE
APPROXIMATE
LAND USE TYPE ACREAGE
RESIDENTIAL
MAXIMUM
NO.OF DWELLING UNIT
R-1 Residential Single-Family 132.0
335
R-2 Residential Multi-Family 435.4
3,865
COMMERCIAL/MULTI-USE
C-1 Commercial
'1
42.5
'1
RECREATION AND OPEN SPACE
GC Golf Course
O (Park/Open Space
/green belts)
Water Management/Lakes
Major Right-of-Way
149.2
74.3 *2
149.5
75.1
Total 1058 Acres
4,200
Residential
Dwelling Units
'1
Residential dwelling units may also be provided within the
C-1 Commercial/Multi-use category provided the total number
of dwelling units does not exceed 4200.
*2 A park site of 35 acres will be deeded to the County.
2-5
2.07 PROJECT DENSITY
The total acreage of the BERKSHIRE LAKES property is ap-
proximately 1058 acres of which 35 acres will be deeded to
the County. The maximum number of dwelling units to be
built on the total acreage is 4,200. The number of
dwelling units per gross acre is approximately 3.96. The
density on individual parcels of land throughout the
project may vary according to the type of housing placed
on each parcel of land.
2.08 PERMITTED VARIATIONS OF DWELLING UNITS
All properties designated for residential uses may be
developed at the maximum number of dwelling units as as-
signed by Section 2.06, provided that the applicant may
increase or decrease the maximums by not more than 10%;
and provided that the total number of dwelling units shall
not exceed 4200. The Administrator shall be notified in
accordance with Section 2.04 of such an increase and the
resulting reduction in the corresponding residential land
use types or other categories so that the total number of
dwelling units shall not exceed 4200.
2.09 DEVELOPMENT SEQUENCE AND SCHEDULE
The applicant has not set "stages" for the development of
the property. Since the property is to be developed over
an estimated 20 year time period, any projection of pro-
ject development can be no more than an estimate based on
current marketing knowledge. The estimate may of course,
change depending upon future economic factors. The fol-
lowing schedule indicates, by years, the estimated ab-
sorption of units for the estimated 20 year development
period.
ESTIMATED MARKET ABSORPTION SCHEDULE
DESIGNATION
UNIT
R-1
Dwelling Units
Dwelling Units
C-1
Bldg. Sq. Ft.xl 000
GC,(Golf Course)
Acres
PHASE
YEARS
I II III IV
1-5 6-10 11-15 16-20
235 100
800 1000 1000 1065
TOTAL
335
3865
100 100 100 75 375
149.2
149.2
2-?
,oo~ 0i7 ,,~ 256
2.10 RESERVATION OF NATURAL VEGETATION AND TREE REMOVAL
Clearing, grading, earthwork, and site drainage work shall
be performed in accordance with the approved PUD Master
Development Plan and applicable Collier County Development
Codes. Protected areas shall be flagged, clearly marked
and/or fenced during periods of construction.
Approval from the County Environmentalist shall be re-
ceived prior to any development of the identified archaeo-
logical site. Archaeological sites shall be preserved if
found to be of significant value.
Initial site clearing plans for each phase of development
shall be reviewed and approved by the County Environ-
mentalist with the specific intent of checking on the re-
moval of all exotics on the site.
2.11 EASEMENTS FOR UTILITIES
Easements shall be provided for water management areas,
utilities and other purposes as may be needed. Said ease-
ments and improvements shall be done in substantial com-
pliance with the Collier County Subdivision Regulations.
Ail necessary easements, dedications, or other instruments
shall be granted to insure the continued operation and
maintenance of all service utilities in substantial com-
pliance with applicable regulations in effect at the time
approvals are requested.
2.12 EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS
The following requirements shall be waived:
a. Article XI, Section 10: Where such monuments occur
within street pavement areas, they shall be installed
in a typical water valve cover, as prescribed in the
current County standards.
b. Article XI, Section 17H: Such streets shall not ex-
ceed one thousand (1,000) feet in length.
Article XI, Section 173, requiring curved streets to
have a minimum tangent of 100 feet at intersections.
2-8
0!7
SECTION III
SINGLE-FAMILY RESIDENTIAL
3.01 PURPOSE
The purpose of this Section is to set forth the regu-
lations for the areas designated on Exhibit "H", Master
Development Plan, as Single-Family Residential.
3.02 MAXIMUM DWELLING UNITS
A maximum number of 335 dwelling units may be constructed
in all of the Single-Family Residential parcels except as
permitted by Section 2.08.
3.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered, or used, or land or water used, in whole
or in part, for other than the following:
A. Permitted Principal Uses and Structures
1) Single Family dwellings.
2)
Public and private parks, playgrounds, playfields
and commonly owned open space.
Permitted Principal Uses and strqqt,.qr,qs.,Requir~n,g S%te
Plan Approval -
1) villas, cjuster and group housing, townhouses,
patio houses, and zero lot lines.
3-1
,oo 017
C. Permitted Accessory Uses and Structures
l)
Customary accessory uses and structures, including
but not limited to private garages and private
swimming pools.
2)
Signs as permitted by the Collier County Zoning
Ordinance in effect at the time permits are re-
quested.
3)
Model homes shall be permitted in conjunction with
the promotion of the development. Such model
homes shall be permitted for a period of one (1)
year from the initial use as a model. The Ad-
ministrator may authorize the extension of such
use upon written request and Justification.
3.04 PROPERTY DEVELOPMENT REGULATIONS
3.04.01 GENERAL:
All yards, set-backs, etc., shall be
applied in relation to the individual
parcel boundaries.
3.04.02 MINIMUM LOT AREA AND DIMENSIONS:
Area
Frontage
10,000 Square Feet
80 Feet Interior Lots
95 Feet Corner lots
80 Feet Cul-de-sac and
odd shaped lots.
(measured at the
front yard setback
line.)
3.04.03 MINIMUM SETBACKS:
Front
Side
Rear
30 Feet
7.5 Feet One Story
10.0 Feet Two Story
25 Feet
3.04.04 MAXIMUM BUILDING HEIGHT:
Principal Structures:
30 Feet
Accessory Structures~
20 Feet
3-2
3.04.05 MINIMUM FLOOR AREA:
One Story:
1,000 Square Feet
Two Story~
1,200 Square Feet
3.04.06 SIGNS AND MINIMUM OFF-STREET PARKING:
AS may be permitted or required by the applicable
Collier County Zoning Ordinance in effect at the
time a permit is requested.
3-3
SECTION IV
MULTI-FAMILY RESIDENTIAL "R-2"
4.01 PURPOSE
The purpose of this Section is to set forth the regu-
lations for the areas designated on Exhibit "H", Master
Development Plan, as Multi-Family Residential.
4.02 MAXIMUM DWELLING UNITS
A maximum number of 3,865 dwelling units may be con-
structed in all of the Multi-Family Residential parcels
except as permitted by Section 2.08.
4.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
A. Permitted Principal Uses and Structures:
1) Two (2) Family and Multi-family dwellings.
2)
.All permitted principal uses and structures al-
lowed by Section 3.03.A. of this document.
Permitted Principal Uses and Structures requiring_~ite
Plan Appr°~l:
1)
Ail permitted principal uses and structures al-
lowed by Section 3.03.B. of this document.
2)
Any permitted structure exceeding the maximum
building height allowed by Section 4.04.04 of this
document but not exceeding six (6) habitable/-
living stories above parking.
3)
Essential services/central waste water treatment
facilities on the multi-family designated tract
located immediately north of 1-75 R.O.W., east of
Santa Barbara R.O.W. extension south of the
Golden Gate Canal and south of the east-west un-
named access road which is located between the
Golden Gate Canal and the 1-75 R.O.W. (in Section
33, Township 49 South, Range 26 East, Collier
County, Florida).
C. Permitted.Accessory Uses and Structures~
1)
All permitted accessory uses and structures
allowed by Section 3.03.C. of this document.
4-1
4.04
PROPERTY DEVELOPMENT REGULATIONS:
4.04.01 GENERAL:
All yards, setbacks, etc. shall be applied in
relation to the individual parcel boundaries.
4.04.02 MINIMUM LOT AREA AND DIMENSIONS~
Area
Single Family dwelling
other principal uses
Frontage
4.04.03 MINIMUM SETBACKS:
One-half of principal building height with a
10,000 Square Feet
20,000 Square Feet
80 Feet
minimum of:
Front 30 Feet
Side 15 Feet
Rear 30 Feet
The distance between any two principal structures
on the same parcel shall be fifteen (15) feet or
a distance equal to one-half (1/2) the sum of
their heights, whichever is greater.
4.04.04 MAXIMUM BUILDING HEIGHT:
Three (3) habitable/living stories above parking.
Unless otherwise approved under Section 4.03.B.2.
4.04.05 MINIMUM FLOOR AREA:
750 Square Feet.
4.04.06 SIGNS AND MINIMUM OFF-STREET PARKING:
As may be permitted or required by the applicable
Collier County Zoning Ordinance in effect at the
time a permit is requested.
4-2
5.01
SECTION V
COMMERCIAL/MULTI-USE "C-1"
PURPOSE
The purpose of this Section is to set forth the regu-
lations for the areas designated on Exhibit "H" as
Commercial/Multi-Use.
5.02
PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be
erected, altered or used, or land or water used, in whole
or in part, for other than the following:
A. Permitted Principal Uses and Structures:
l)
Antique shops; appliance stores; art studios; art
supply shops; automobile parts stores; automobile
service stations without repairs.
2)
Bakery shops; banks and financial institutions;
barber and beauty shops; bath supply stores;
bicycle sales and services; blueprint shops; book-
binders; book stores; business machine services.
3)
Carpet and floor covering sales - which may in-
clude storage and installation; churches and other
places of worship; clothing stores; cocktail
lounges; commercial recreation uses - indoor;
commercial schools; confectionery and candy
stores.
4)
Delicatessens; department stores; drug stores; dry
cleaning shops; dry goods stores; and drapery
shops.
5) Electrical supply stores.
5-1
6)
Fish market - retail only; florist shops; food
markets; fraternal and social clubs; funeral homes;
furniture stores; furrier shops.
7)
Garden supply stores - outside display ~n side and
rear yards; gift shops; glass and mirror sales;
gourmet shops.
8) Hardware stores; health food stores; homes for the
aged; hospitals and hospices.
9)
Ice cream stores; ice sales and interior decorating
show rooms.
10) Jewelry stores.
11) Laundries - self service only/ leather goods;
legitimate threatres; liquor stores; locksmiths.
12) Markets - food; markets - meat, medical offices and
clinics; millinery shops; motion picture theatres;
museums; music stores.
13) New car dealerships - outside display permitted;
news stores.
14) Office - general; office supply stores.
15) Paint and wallpaper stores; pet shops; pet supply
shops; photographic equipment stores; pottery
stores; printing; publishing and mimeograph service
shops; private clubs; professional offices.
16) Radio and television sales and services; research
and design labs; rest homes; restaurants - including
drive-in or fast food restaurants.
17) Shoe repair; shoe stores; souvenir stores;
stationery stores; supermarkets and sanitoriums.
18) Tailor shops; taxidermists, tile sales - ceramic
tile; tobacco shops; toy shops; tropical fish
stores.
19) Upholstery shops.
5-2
5.03
20)
Variety shops; vehicle rental - automobile only~
veterinarian offices and clinics - no outside
kennels.
21) Watch and precision instrument repair shops.
22)
Any other use which is comparable in nature with
the foregoing uses and which the Zoning Director
determines to be compatible in the district.
B. Permitted PringiPal Uses and Structu~.Requiri~9 Site
Plan Approval
1) Attached residence in conjunction with
business- one (1) per business.
2) Car wash7 child care centers, commercial
recreation-outdoor.
3) Hotels, Motels
4) Multi-family residential;
5) Permitted uses with less than 1,000 square feet
gross floor area in the principal structure.
6) Shopping centers.
C. Permitted Accessory Uses and_gt~ucture~
1)
Accessory uses and structures customarily
associated with the uses permitted in this
district.
2) Caretaker's residence.
3)
Signs as permitted by the Collier County
Zoning Ordinance in effect at the time permits are
requested.
PROPERTY DEVELOPMENT REGULATIONS
5.03.01 gENERAL: A1! yards, setbacks, etc., shall be in
relation to the individual parcel boundaries.
5.03.02 MINIMUM LOT AREA AND DIMENSIONS:
Area
Frontage
10,000 Square Feet
100 Feet
5-3
017 2..65
5.03.03 MINIMUM SETBACKS~
- One-half (1/2) of principal building height with a
minimum of:
Front
Side
Rear
25 Feet
None, or a minimum of
five (5) feet with
unobstructed passage
from front to rear
yard.
25 Feet
- Distance between any two principal structures -
Ten (10) 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
2.05.
- Principal commercial buildings shall be setback a
minimum of fifty (50) feet from abutting
residental districts.
5.03.04 MINIMUM FLOOR AREA OF PRINCIPAL STRUCTURE:
One thousand (1,000) square feet per building on
ground floor.
5.03.05 MAXIMUM HEIGHT OF STRUCTURES:
Fifty (50) feet.
5.03.06 SIGNS AND, MINIMUM OFF-STREET PARKING:
As may be permitted or required by the applicable
Collier County Zoning Ordinance in effect at the
time a permit is requested.
5.03.07 SPECIAL PROPERTY DEVELOPMENT REGULATIONS:
A)
Landscaping, buffer areas and supplementary
district zoning regulations that may be
applicable to certain uses above shall be
adhered to unless in conflict with any of the
intent or the provisions specified herein.
s)
Merchandise storage and display. Unless
specifically permitted for a given use,
outside storage or display of mechandise is
proh ibited.
SECTION VI
GOLF COURSE "G.C."
6.01
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit "H", Master Development
Plan, as Golf Course.
6.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part,
for other than the following:
A. Perm~tt~ Principal Uses and Structures
l) Golf Course
B. Permitted Accessory Uses and Structures
1)
Clubhouses, pro-shop, practice driving range and
other customary accessory uses of golf courses, or
other recreational facilities.
2)
Small commercial establishments, including gift
shops, golf equipment sales, restaurants, cocktail
lounges, and similar uses, intended to exclusively
serve patrons of the golf course or other permitted
recreational facilities, subject to the provisions
of the applicable supplementary regulations of the
Zoning Ordinance.
3) Shuffleboard courts, tennis courts, swimming pools,
and other types of facilities intended for outdoor
recreation.
4) Signs as permitted by the Collier County Zoning
Ordinance in effect at the time permits are re-
guested.
5)
A maximum of two (2) residential units in con-
Junction with the operation of the golf course as
determined to be compatible with the adjacent zoning
as determined by the Administrator.
,oo 017 267
6.03
Co
Plan Approval_Requirements
A site plan of the golf course shall be submitted in
accordance with Section 2.05 of this document. The
perimeter boundaries of such plans shall be recorded in
the same manner as a subdivision plat.
PROPERTY DEVELOPMENT REGULATIONS
6.03.01.
General Requirements
a)
Overall site design shall be harmonious in
terms of landscaping, enclosure of structures,
location of access streets and parking areas
and location and treatment of buffer areas.
b)
Buildings shall be set back a minimum of
fifty (50) feet from abutting residential
districts and the setback area shall be
appropriately landscaped and maintained to act
as a buffer zone.
c)
Lighting facilities shall be arranged in a
manner which will protect roadways and
neighboring properties from direct glare or
other interference.
6.03.02. Maximum Height of Structures
Thirty-five (35) feet.
6.03.03.
~igqsjand Migimum Off-Stre~ Parkin~
As may be permitted or required by the applicable
Collier County Zoning Ordinance in effect at the
time a permit is requested.
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7.01
7.02
SECTION VII
RECREATION AND OPEN SPACE/PARK
PURPOSE
The purpose of this Section is to set forth the regulations
for the areas designated on Exhibit "H", Master Development
Plan, as Open Space/Park, CYP, Willowhead, Willow Cypress
Preserve, Cypress Preserve, Green Belt, Lake .... etc.
PERMITTED USES AND STRUCTURE
No building or structure, or part thereof, shall be erected,
altered or used, or land or water used, in whole or in part,
for other than the following:
A. Permitted Principal Uses and Structures
1) Parks, Playgronnds and game courts and fields.
2) Biking, hiking, canoeing and nature trails.
3) Equestrian paths.
4) Nature preserves and wildlife sanctuaries.
5) Any other open space activity which is comparable in
nature with the foregoing uses and which the Ad-
ministrator determines to be compatible in the
District.
6) Recreational shelters and restroom facilities.
7) Water Management Facilities and Lakes.
8) Wildlife Management.
9) Community Park.
B) Permitted Accessory Uses and. Structures
1) Accessory uses and structures customarily associated
with principal uses permitted in this District.
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2)
Signs as may be permitted by the Collier County
Zoning Ordinance in effect at the time permits are
requested.
3) Maintenance and storage areas and structures.
C) Site Plan Approval Requirement
Site plans for the proposed uses shall be submitted to
the Administrator in accordance with Section 2.05 of
this document.
7.03 PROPERTY DEVELOPMENT CRITERIA
a)
Overall site design shall be harmonious in terms of
landscaping, enclosure of structures, location of access
streets and parking areas and location and treatment of
buffer areas.
b)
Buildings shall be setback a minimum of fifty (50) feet
from abutting residential districts and the setback area
shall be landscaped and maintained to act as a buffer
zone.
c)
Lighting facilities shall be arranged in a manner which
will protect roadways and neighboring properties from
direct glare or other interference.
7.04 SIGNS AND MINIMUM OFF-STREET PARKING
As may be permitted or required by the applicable Collier
County Zoning Ordinance in effect at the time a permit is
requested.
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SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8.01 PURPOSE
The purpose of this Section is to set forth the standards
for development of the project.
8.02 DEVELOPMENT COMMITMENTS
A. ENERGY
Construction shall comply with applicable local and
state energy codes.
2)
Reasonable "good faith" efforts to utilize state-of-
the-art energy conservation techniques shall be made
where practically and economically feasible. Such
techniques may include, but not be limited to the
following:
a. Provision of a bicycle/pedestrian system con-
necting all land uses, to be placed along all
arterial collectors and local roads within the
project. This system is to be consistent with
Collier County requirements.
b. Provision of bicycle racks and/or storage
facilities in office and commercial areas and in
multi-family residential areas.
Ce
Cooperation in the locating of bus stops,
shelters and other passenger and system ac-
commodations when a transit system is developed
to serve the project area.
Use of energy-efficient features in window de-
sign (e.g., shading and tinting).
e. Use of operable windows and ceiling fans.
Installation of energy-efficient appliances and
equipment.
Reduced coverage by asphalt, concrete, rock and
similar substances in streets, parking lots and
other areas to reduce local air temperatures and
reflected light and heat.
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Installation of energy-efficient lighting for
streets, parking areas, recreation areas and
other interior and exterior public areas.
Selection of native plants, trees and other
vegetation and landscape design features that
reduce requirements for water, fertilizer, main-
tenance and other needs.
J®
Planting of native shade trees to provide
reasonable shade for all recreation areas,
streets and parking areas.
k®
Placement of trees to provide needed shade in
the warmer months while not overly reducing the
benefits of sunlight in the cooler months.
(Shade in the summer should receive primary con-
sideration.)
Planting or retention of native shade trees for
each residential unit.
Orientation of structures, as possible, to re-
duce solar heat gain by walls and to utilize
natural cooling effects of the wind.
ne
Provision for structural shading (e.g.,
trellises, awnings and roof overhangs) wherever
practical when natural shading cannot be used
effectively.
Inclusion of porch/patio areas in residential
units.
Deed restrictions and other mechanisms shall not
prohibit or prevent the use of alternative energy
devices such as solar collectors (except when
necessary to protect the public health, safety and
welfare).
B. AIR QUALITY
1)
The developer shall comply with applicable codes and
apply for required permits relative to air quality.
8-2
C. TRANSPORTATION
1. Bikepath/sidewalks shall be provided on the west side of
Santa Barbara from Radio Road to Golden Gate Canal.
The applicant shall be required to pay for the signal-
ization, turn lanes and other improvements deemed neces-
sary by the County Engineer or FDOT for the intersection
of the project's southern access road with Davis Boule-
vard (SR-84). These improvements shall be made at the
time that this intersection is found to exceed level of
service "C". Service level determination shall be made
by either the Collier County Engineering Department or
FDOT.
At such time as Davis Boulevard (SR-84) exceeds service
level C, the developer representing Berkshire Lakes will
find a proportionate share of 1.24 miles of the cost of
construction based on total build-out of the project.
The developer will supply bond addressing this issue.
Donate to Collier County one hundred feet of a future
two hundred feet right-of-way along the east boundary of
Berkshire Lakes between Davis Boulevard and Radio Road.
Donate to Collier County 25 feet of additional right-of-
way on each side of Radio Road along the Berkshire Lakes
frontages.
The developer of Berkshire Lakes pay its fair share for
upgrading Radio Road and Santa Barbara Boulevard from
Golden Gate Canal to Davis Boulevard.
A fair-share contribution toward the capital cost of
traffic signals at the principal access points to the
project when deemed warranted by the County Engineer.
The signals shall be owned, operated and maintained by
Collier County.
Arterial type street lighting at all principal access
points to the project. The operating and maintenance
cost of these units shall be assumed by Collier County.
Provide appropriate left and right turn lanes at the
principal access points to the project·
The above noted properties shall be donated to the County
for the specific purpose of widening Radio Road and for the
planned future extension of Santa Barbara Boulevard from
Radio Road to Davis Boulevard·
This donation shall take place at such time as the
additional right-of-way is needed by the County for the
immediate road construction or at the developer's
convenience, whichever occurs first.
D. WATER MANAGEMENT
1)
Detailed water management construction plans shall
be submitted for approval to the County Engineering
Department prior to commencement of construction.
2)
Surface Water Management Permits must be obtained
from the South Florida Water Management District
prior to the commencement of development.
3)
4)
5)
The Control level elevation concerns identified in
the South Florida Water Management District Impact
Assessment Report, page 2, Appendix II, must be
addressed by the applicant during the District
Surface Water Management permitting process.
The drainage system for the Berkshire Lakes project
shall implement the water quality "best management
practices" outlined in the Berkshire Lakes
Application for Development Approval, response to
Question 22 Drainage, Part C., pages 22-5 and 22-6.
An on-going maintenance and monitoring program that
regularly inspects, maintains and samples the
stormwater drainage system shall be implemented.
E. UTILITIES
1)
A central water supply system shall be made
available to all areas of the project. The water
supply source for the project shall be the County
system.
2)
All areas of the project shall be served by a
central wastewater collection system and by an
on-site wastewater treatment plant. The plant shall
be expanded as may be needed to meet the anticipated
demands and shall be phased-out at such time as a
County system becomes available.
3)
The development shall be in substantial compliance
with applicable County laws and ordinances governing
utility provisions and facilities.
4) Telephone, power and T.V. cable service shall be
made available to the site.
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0i? aZ74
F. HURRICANE EVACUATION
a)
The applicant shall use a minimum floor elevation of
12.8 ft. m.s.1, as required by the SFWMD or Collier
County Building Code. Should these requirements be
lessened through regulatory changes, Recommendations
b, c, and d below shall become requirements.
b)
On-site refuge space shall be provided at a ratio of
20 square feet per person.
c)
Provisions shall be made in deeds and convenants
that temporary shelter for persons living in ground
level units shall be made in buildings of more than
one story; designated refuge space shall be located
in the interior hallways of upper story structures
or similarly protected areas with protected openings
leading directly to the exterior.
d)
On-site shelters shall fulfill the following con-
ditions:
Shelters shall be designed and constructed to
withstand winds of 140 miles per hour, and certi-
fied by a professional engineer, licensed and re-
gistered by the State of Florida.
Shelters shall be equipped with emergency power
and potable water supplies (generators and stor-
age tanks).
* Shelters shall be constructed with as little
glass as possible, and glass should be protected
by shutters or boards.
Shelter shall provide adequate ventilation, sani-
tary facilities, and first aid equipment.
e)
A homeowners' association shall be established to
provide education to residents concerning hurricane
evacuation, shelters, etc.
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