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Ordinance 76-40432617 ORDINANCE NO. 76- 40 AN ORDINANCE AMENDING ORDINANCE NO. 76-30 THE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF THE COASTAL AREA PLANNING DISTRICT OF COLLIER COUNTY, FLORIDA BY CHANGING THE ZONING DISTRICT CLASSIFICATION OF THE PROPERTY DESCRIBED BELO~ FROM "A" AGRICULTURE TO A PLANNED UNIT DEVELOP- MENT (PUD) AND PROVIDING A~; EFFECTIVE DATE: 663 WHEREAS, Dennis J. Lynch, representing the Bank of Naples, Trustee for a group of investors, petitioned the Board of County Commissioners of Collier County, Florida, to change the zoning classification of the real property hereinafter described. NOW TIIEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: 1. The Zoning Olassification of the hereinbelow ~.~ ~-' described real property in Collier County, Florida, is o~ ~ ~1~ change~, from "A" Agriculture to Planned Unit Developmen~ _~ (PUD) and is subject to all conditions as hereinafter described, and the Official Zoning Atlas as described in Ordinance 76-30 is hereby amended accordingly: 663 ~',~,~ 237 PINE WOODS A PLANNED .UNIT DEVELOPMENT COLLIER COUNTY, FLORIDA THE PUD DOCUMENT July 12, 1976 DUANE HALL & ASSOCIATES, INC. Engineers-Surveyors-Architects-Planners Post Office Box 6790 Fort Myers, Florida 33901 Phone: (813) 936-0179 File No. 75-2827 CONTENTS Statement of Intent Design Team Members Summary of the PUD Document 1. Site Location and Ownership 1.1 Location 1.2 Legal Description 1.3 Property Ownership 2. The Development Plan and Phasing 2.1 Development Criteria 2.2 The Development Plan 2.3 The Land Uses 2.4 Minimum Usable Open Space 2.5 Maximum Residential Density 3 2.6 The Residential Tracts 4 2.7 The Non-Residential (Common Area) Tracts 5 2.8 Anticipated Development Schedules 6 3. Development Regulations 6 3.1 Residential Tracts 6 3.1.1 Uses Permitted 6 3.1.2 7 Setback, Floor Area, Height and Parking Standards V vl vii 1 1 1 1 2 2 2 2 3 ii. ~oo~ 663 239 3.2 Non-Residential (Common Area) Tracts 3.2.1 Club, Sports and Parking A. Uses Permitted B. General Requirements C. Setbacks D. Maximum Height E. Off-Street Parking 3,2.2 Special Treatment Areas Uses Permitted 3.2.3 Open Space, Passive Recreation Spaces and Landscaped Buffer (Uses Permitted ) 3.3 Architectural Control 3.4 Security 3.5 Signs 3.6 Landscaping of Parking Areas Utilities and Services 4.1 Drainage Retention Lake 4.2 Sewage Treatment 4.3 Solid Waste Disposal 4.4 Potable Water Supply 4.5 Other Utilities and Services 4.6 Roads 4.7 Bicycle and Pedestrian Paths 8 8 9 9 10 10 10 10 11 11 11 11 11 12 12 13 13 16 iii. 663 240 4.8 Street Lighting 4.9 Fire Hydrants .. 5. Miscellaneous Provisions 5.1 The Homeowners' Association 5.2 Procedure for Development by Other Parties 5.3 Amendments, Changes and Modifications to'the PUD Document 6. Exhibits - Maps, Plans, Schedules, Legal Documents and Written Guidelines 6.1 Surrounding Land Uses'and Property Owners 6.2 Location of the Project Site 6.3 Warranty Deed as Evidence of Control of Property. 6.4 Proposed Development Plan and Tracts 6.5 Plan Showing Bicycle and Pedestrian Paths 6.6 Anticipated Development Schedules 6.6.1 Phasing of Construction - by Tracts and Types 6.6.2 Population Statistics 6.6.3 Potable Water 6.6.4 Sewage and Solid Waste Disposal 6.6.5 School Population 6.6.6 Trips Per Day 6.7 Guidelines for Development of Landscaping 16 ' 16 17 19 2q .21 22 23. 26 28 28 29 29 30 3O 31 iv. .5 STATEM~T OF INTEN~ 241 663 Board of County Commissioners Collier County .Courthouse Naples, Florida 33940 Gentlemen: The purpose of this letter iS to express the intent of Dennis J. Lynch, et al., to develop the property located in the south half of the southeast quarter of Section 14, Township 49 SouGh, Range 25 EasE, Collier County, Florida. This development shall henceforth be known as "Pine Woods". The development will consist of a high-quality residential community consisting of single, family homes, townhouses, and multi-family units. Included in the development will be a recreation center, pedestrian and bicycle paths, natural preserves and retention lake. Pine Woods will be developed as a planned unit development (PUD) and in accordance with the current Collier County Zoning Regulations. It is therefore the purpose of this PUD document to set forth the plan and conditions of the development proposed, along with such information as required by the PUD Ordi- nance. The Development Plan and the conditions contained in this PUD Document shall be binding on the present developers and on all future heirs, assigns and developers. Sincerely, Dennis J. Lynch, Agent I 1 I ! ! I ! I TEAM MEMB ER Robert V. Dorwart Charles M. Carroll Kunwar S. Jain William D, Bender Wlllard J. Jorgensen DESIGN TEAM M]~MBERS AREA OF RESPONSIBILITY Project Coordinator Engineering Design Land Planning Environmental Manage- ment and Ecology Surveying 663 r~c~ 24Z PROFESS IONAL , QUALIFICATIONS B .S.C.E. B.C.E., M.B.A., P.E. B.Arch., M.C.P., A.I.P. B.A. (Biology) L.S. 'vi. Do SUMMARY OF THE PUD DOCUMENT Location The project sf~e, measuring 76.97 acres, is situated immediately south of Naples Bath and Tenni~ Club, imme- diately east ~f Royal Poinciana Golf Club, and along the west side of Airport-Pulling Road. The County's Compre- hensive Plan designates the ~tte for residential use of up to four units per acre. General Development Oblectfve High quality residential planned unit development - cjusters of single family homes, townhouses and multi- family units - maximum density of 4 units/acre (307) residential units. Special Features 1. Planned on-site drainage retention lake. 2. Preservation and maintenance of designated Special Treatment Areas. 3. Special provisions for security of the development. Existin8 Utilities Along Airport-Pulling Road, water, electricity, telephone and cablevision services exist. vii. Service connections shall be made available to this development from these utility lines. Solid waste shall be disposed of by a County- approved disposal system. 'A temporary sewage treatment plant and pond shall be constructed and ~sed on the site until a public sewage disposal system bedomes available. Final use of this site shall be governed by the provisions of Article 4.2 of this PUD document. Land Uses Drainage retention lake, special treatment area, club, sports, parking and landscaped buffers ................ 21.21 acres ... 27.56% Main roads and rights of way .......... 6.'97 acres ... 9.06% Sewage treatment plant and pond ....... 1.59 acres ... 2.06% Residential ........................... 47.20 acres ... 61.32% Total ............. 76.97 acres ...100.00~ Useable open space, as defined in the Collier County 'Zoning Ordinance, shall constitute not less than seventy-five (75) percent of gross site area. viii. ! 1 ! i !' I I I ! ! 1. Site Location and O~nersh~p 1.1 Location 1.1.1 663 r~ 245 The project site is approximately three miles north of Naples Airport, approximately one mile south of Pine Ridge Road, approximatel~ one and one-quarter miles east of Frank Road, and imme- diately-west of and contiguous to Airport-Pulling Road. 1.~.2 The neighboring developments and present zoning classifications, as well as the general location of the site are provided by Exhibits 6.1 and 6.2 1.2 Legal Descriptioq The legal description of the site is as follows': The south half (S~) of the~southeast quarter (SEt) of Section 14, Township 49 South, Range 25 East, Collier County, Florida, less and excepting the east 100 f~et thereof previously conveyed to the State of Florida for road right of way. The property measures 76.97 acres, more or less. 1.3 ~roperty Ownership The Bank of Naples, a banking corporation organized under the laws of the State of Florida, is the Trustee for several individual owners of this property. Evidence of this owiser- ship is provided as Exhibit 6.3, Warranty Deed as Evidence of Control of the Property. ~ 2. The Development Plan and Phasin~ 2.1 Development Criteria 663 r ,cE 246 "Pine Woods" shall be developed as a Planned Unit Develop- ment (PUD) under the regulations set forth in this Document and applicable sections of the Collier County Zoning Ordi- nance and Sub~tvision Regulations. Prior to any site improvements, or recording of the record plat, a final masterplan of the required improvements shall receive the approval of all appropriate Collier County Governmental agencies to insure compliance with the develop- ment plan, the Collier County Subdivision Regulations, and other applicable County or State laws. In case of conflict between the provisions of this "PUD" and the technical re- quirements of the Subdivision Regulations, the most restrictive regulations shall apply. 2.2 The Development Plan The development plan, including street layout, drainage re- tention, open spaces and types of residential tracts shall be as iljustrated graphically by Exhibit 6.4. 2.3 Land Uses The distribution of land under various'uses in the development plan shall be as follows: Land Use Category Special Treatment (S.T.') A~eas Area in Percentage of Acres ~ Total 3.92 5.09 Land Use Area In Percentage of ~ategory Acres + Total Drainage Retention Lake 8.01 10.41 Landscaped Buffer 5.68 7.38 Main Roads and Rights of Way 6.97 9.06 Club, Sports & Parking 3.00 4.68 Sewage Treatment Plant 1.59 2.06 Residential '47.~0 61.32 76.97 A.$ 100.00 2.4 Minimum Useable Open Space The distribution of minimum open space shall be as follows: Land Use Area in Percentage of ~ategory Acres +. Total Special Treatment (S.T.')Area 3.92 Drainage Retention Lake 8.01 Landscaped Buffer 5.68 Clubs and Sports 3.01 Sewage Treatment Plant and Pond 1.59 Open Space Around Building Pads 35.52 2.5 Maximum Residential Density 5.09 10.41 7.38 3.91 2.06 46.15 57.73 75.00 A maximum of 307 residential dwelling units, single, town- hou~e/patio homes, or multifa~ily units shall be constructed in the total project area. 'The gross project density, there- fore, shall be a maximum of 4 units per acre. I D E F G H I K L The Resident~al Tracts The residential tracts shall be in the form of cIusters of single family, townshouses/patio homes, and multifam~%y units. These cjusters shall be recognized as individual neighborhoods suitably secluded from each other by landscaped buffers. The number and types of residential'units in the various tracts shall be as shown in Exhibit 6.4 and described below: TRACT TYPE AREA NO. OF UNITS (+_ Acres) Single Family 2.38 10 Residential -DO- 1.73 7 -DO- 1.02 5 -DO- 1.80 8 -DO- 1.73 7 -DO- 2.85 12 -DO- 1.80 7 -DO- 1.55 6 -DO- 1.80 8 -DO- 0.93 4 -DO- 0.61 3 -DO- 0.92 4 TRACT TYPE AREA NO. OF UNITS (+ Acre's) M Townhous e s/Patio 2.22 14 Homes N -DO- 2.23 i0 O .. -DO- 2.13 14 P -DO- 2.83 16 Q -DO- 1.64 10 R -DO- 2.56 14 S -DO- 2.65 14 T Multi-Family 2.31 24 Units U -DO- 1.66 20 V -DO- 2.56 30 W -DO- 2.56 30 X -DO- 2.73 30 Total Net Residential: 47.20 A.! 307 Units 2.7 The Non-Residential (Common Area) Tracts The non-residential (common area) tracts shall be a's shown in Exhibit 6.4 and described below· TRACT TYPE AREA I Special Treatment (S.T.) Area " Acres) 3.92 500K TRACT TYPE AREA II III IV V VI (~ Acres) Drainage Retention Lake 8.01 Roads 6.97 Landscaped Buffer 5.68 Club, Sports & Parking 3.60 Sewage Treatment Plant 1.59 and Pond Total Net Non-Residential (Common Area): 29.77 A.+ 2.8 Anticipated Development Schedules It is anticipated that the housing program and related facilities shall be developed over a period of six (6) years. The schedule covering phases of construction of residential units in specific tracts and related utilities, services and community facilities shall be'as described in Exhibit 6.6. 3. Development Regulations 3.1 Residential Tracts (A through X) 3.1.1 Uses Permitted No building, structure, or part thereof shall be erected, altered or used, or land used, in whole or in part, for purposes other than the principal residential use specified on the development plan - Exhibit 6.4 and accessory 5 UF 251 I 3.1.2 uses and structures customary to residences, including private garages. ., ~etback~ Floor. Area~ Hei~ht..~nd ?arkfn~ Standards The residential cjuster concept is intended to provide a balanced distribution of buildings with- in each cjuster without resorting to the traditional lot subdivision procedure. All yards abutting a street shall be front yards. Four sided corner lots shall have two front and two side yards* All yards, setbacks, etc. shall be in relation to the individual parcel boundaries. The applicable criteria for setbacks shall be as follows: Single Townhouses/ Multi-Family Family Patio Homes Units Minimum Distance Between Buildings (in feet) Minimum Rear or Side Setback (in feet) from Tract Boundary Minimum Front Setback from Road R.O.W. (in feet) Minimum Floor Area (in square feet) Maximum Height Above Finished Grade of Lot (in feet) 15 30 or half the sum of heights of the buildings, whichever is greater 20 30 30 25 35 35 1,200 1,000 1,000 30 30 45 663 252., I i: S ingle Family Minimum Lot Area- (in square feet). 5,850 Minimum Lot Frontage 75' (cul-de-sac) 40' Off-Street Car Parking Spaces'for each Dwelling Unit (No. of Spaces) 2 Note: For accessory structures such as private garages, swimming pools, screen enclosures, children's play equipment, statuary, etc. the rear yard shall be · reduced to a minimum of 15 feet. Townhous es / Patio Homes Multi-Family Units 2 1.5 3.2. Non-Residential (Common Area} Tracts (I to VI) The non-residential (common area) tracts shall be as shown on Exhibit 6.4 and described in Article 2.7. The develop- ment regulations governing club, sports and parking, special treatment (S.T.) areas, and landscaped buffers shall be as described in Article 3.2.1. Other non-residential (common area) tracts shall be as described in Article 4 - Utilities and Services. 3.2.1 Club, Sports and ParkinE Tract V, as shown on Exhibit 6.4, shall be reserved for club, sports and parking. Though the exact type -and numb'er of recreation f~cilities have not yet been determined, prior to issuing building permits for more than 34 dwelling units, the developer shall e 663 253 have constructed, as a minimum, two tennis courts, an outside swimming pool, the required number of restrooms and shower fac£1ities and a fenced and equipped chi!drents play area. Prior to the issuance of building permits for any addikional recreational facilities, the Home- 'owner's Association shall make a specific deter- mination of the projected facilities and an overall recreation ~evelopmefit plan which shall be submitted for review and approval, by the appropriate County agencies having Jurisdiction. A. Uses permitted " Outdoor recreational facilities such as, but not limited to, tennis courts, swimming pools, children's play areas, and other active recreation. Indoor recreation Bo facilities such as, but not limited to, a clubhouse with a party room, kitchen fa- cilities, restrooms, .sauna and health service facilities. General Requirements Overall site design shall be ~armontous in terms of landscaping, enclosure of structures, location of'access streets and parking areas, and location and treatment of buffer'areas. 9. 1' I i I I I I I I I 3.2.2 C. Setbacks " Ail principal and accessory structures shall" be set back 20 feet minimum from all tract boundaries. Minimum separation between any two buildings shall be 25 feet or half the sum of heights of buildings whichever is greater. D. Maximum Height Forty-five (45) feet above the finished grade measured to the average finished ceiling elevation of the uppermost 'level. Off-Street ParkinK I. Clubhouse: One space for each two seats or one for each 200 gross square feet, whichever is greater. II. Tennis Courts: Two spaces for each tennis court. III. Swim~ing Pool: One space for each 100 square feet of pool surface. Special Treatment Ar&as Uses: Bikeways, pedestrian paths, lake-related and passive recreation activities, subject to re- view and approval by the Planning Department. 10. 653 255 3.2.3 Open Space, Passive Recreation and Landscaped Buffers Bikeways, pedestrian paths, pavilion ~helters, lake- related and passive recreation activities, subject to regiew and approval by the Planning Department. I i: 3.3 Architectural Control All land development and building construction, whether caused by the applicant, subsequent developers,.or Home- o%mers' Association, shall comply with the architectural control standards. These architectural control standards shall be specified by the ap~licant and shall become a part of the recorded covenants and deed restrictions for each tract.' 3.4 Security For security reasons~ "Pine Woods" shall have one controlled entry with a gatehouse and without living quarters. Plans shall be submitted to the Planning Department for review and approval prior to the issuance of building permits. 3.5 Signs All signs shall comply with the Collier County Sign Ordinance. 3.6 Landscapin8 of Parktn8 Areas Landscaping for off-street parking areas shall comply with thc requirements of the applicable Collier County Zoning Regulations. 11. i I I' ! I i i I i 4.1 Utilities and Services Underground "utilities and services" easements and lines shall be constructed by the developer~in a manner and in locations acceptable to the .County and the serve, ce com- ~anies, and in compliance with all applicable regulations. Utility easements and lines such as sewer and water lines shall be recorded and dedicated to t'he appropriate govern- mental agency in accordance with ali applicable laws, regulations and ordinances. Drafnase Retention LaMe The drainage retention lake system shall be designed to retain the runoff from a 25-year storm of 6-hour duration as specified by the U.S. Soil Conservation Service for areas with a time of concentration less than six hours, and occurring during the wet season. A weir structure shall be constructed near the north- western corner of the site to allow an overflow emergency discharge equal to or less than the present discharge of the project area in its undeveloped state. The drainage retention system shall be in conformity with the guidelines of the Water Management Plan for District 7, and the Subdivision Regulations and shall' be o~erated, ad- ministered, maintained and monitored as specified in item 5.1 of this document. 12. 4.2 ~FF 663 257 Sewage Treatment Ail of the project area shall be served'by a central sewage collection system and an on-site sewage treatment plant and pond shall be con.,tructed, since the County sewer system does not presently extend to the project site. At the time a public sewage disposal eystem becomes available in the future, this plant shall be removed from the site and con- nection shall be made to the public system. The plant and pond site shall then become available for recreation or residential development, subject to County approval and within the maximum density limitation set forth in Article 2.5 of this PUD document. The sewer plant and pond shall be property screened by landscaped buffers on the east and west sides and the 4.3 special treatment area on the south side. Solid Waste Disposal Arrangements and agreements shall be made with an approved 4.4 solid waste disposal service to provide for solid waste collection to all areas of the project. Potable Water Supply A central water supply system shall be made AvaLlable for all areas of the project. The source of potable water shall by the City of Naples system or other area Wide system made available to this project via a Collier County Water/Sewer 13. 4.5 District. A letter shall be obtained from the appropriate potable water supply agency approving s~rvice to the site prior to site development. A letter shall also be obtained from t~e appropriate Rotable water supply agency committing delivery of water service pri6r to issuance of building permits for eon- struction of dwelling units. Individual wells shall not be permitted for potable water supply. Other Utilities and Services Telephone, electric power and T.V. cable services shall be made available to all residential areas. All such utility lines shall be installed underground and connected to the existing distribution mains along Airport-Pulling Road as follows: Electricity. shall be available from existing over- head Florida Power and Light lines along the west side of Airport-Pulling Road. Telephone service shall be available from United Telephone service lines located along the west side of the Airport-Pulling Road. Cable television service shall be available from existing cableviston lines along the west side of the Air- port-Pulling Road. All external and overhead antennas 14. 4.6 Roads Road shall be in the form of a dual carriage way in each .. direction ~chtch shall converge into a single carriage way near the south side entry to sports and club parking as shown on Exhibit 6.4. An emergency ingress/egress, as shown on Exhibit 6.4 shall be provided for emergency situations such as, but not limited to, fire, accidents, and main arterial road repairs. The applicant shall construct turning, storage, acceleration and deceleration lanes at the entrance to the project from Airport-Pulling Road during Phase I of the pro- Ject. The applicant shall also pay his share of the cost of any future traffic signal system at the intersection of Airport Road and the entrance to ~'Pine Woods" at the time such system is constructed, as determined by the appropriate governmental agency having jurisdiction over the installation. All roads shall be private roads and shall conform to County Construction Standards. The roads shall be maintained by the applicant during the development phases and later by the Homeowners' Association as specified in Article 5.1. 15. ~OOR ,' 663 ,^~, 26Q 4.7 BicyCle and Pedestrian Paths I I I I I I I 4.8 Five foot wide'bicycle paths shall be p~ovtded by the developer in accordance with Exhibit 6.5. ~le portion of the bicycle path system located on the west side of Airport Road shall be constructed as part of Phase 1 of the initial'~evelopment of the project. Street Ail roads shall be provided with overhead lighting in accordance with the Florida Power and Light Company speci- fic~tions. The applicant shall provide the required utility easement for the installation, maintenance and operation of street lights within the project. The developer shall make application to the Board of Commissioners of Collier County for the establishment of a 4.9 special lighting tax district for the electricity costs of these facilities. Fire Hydrants I l' Fire hydrants shall be provided in accordance with the require- ments of the Collier County Subdivision Regulations. Miscellaneous Provisions 5.1 The Homeowners' AssociatiOn A Homeowners' Association, in cnmpltance with the Florida State Statutes, shall be formed for all of the property 16. owners in Pine Woods and they shall pay duly authorized assessments levied by the Association a~d shall be bound by the covenants and restrictions and by the By-Laws, Rules and Regulations to be established by the Association. Prior to enactment,.the rules and regulations formed by the Home~wners' Association shall be submitted for approval to the appropriate Collier County agencies having Jurisdiction. The Pine Woods ]{omeowners' Association shall provide for the maintenance and administrative services required for the operation, maintenance and management of Pine Woods' common area tracts which are described in Article 2.7. The standards of operation, maintenance, and management shall comply with any 'County and State 'standards which may be in effect at that time. Procedure of Development by Other Parties 5.2.1 In the event an entire residential tract is sold by the applicant to a second party for subsequent de- velopment by that second party, a master (or site) plan for the affected tract shall be submitted by the second party and be approved by the appropriate Collier County agencies having jurisdiction prior to the issuance of building permits. Such master (or site) plan shall show the proposed location of 17. 5.2.2 663 262 all access roads, off-street parking area~, landscaping, other accessory uses, residential structures and the distribution of dwelling units'among the project structures and shall comply'with all provisions of all sections of thts.iPUD document. In the event a residential tract is sold by the applicant in fractional parts to other parties for subsequent development, the following pro- cedure shall be adhered to: A. The developer who proposes to fractionalize any tract shall submit a master (or site) plan of property and dwelling unit distribu- tion covering the entire ~ffected residential tract for review and approval by the appro- priate Collier County ~gencies having juris- diction. Such approval shall be obta£ned prior to the sale of any fractional part of the affected tract. The master plan of property and dwelling unit distribution shall include access road size, location, ownership and maintenance, and the distribution of land and dwelling units. Such distribution of land 18. 5.3 versus dwelling units shall be as nearly proportionate as possible. Bo The developer of a fractional part of a de- velopment tract shall subm£tj at the time of application for a building permit, a detailed ~ite plan for his fractional part. Such site plan shall show the proposed location of all access roads, off-street parking areas, land- scaping, other accessor)- uses~ residential structures and the distribution of dwelling units among the proposed structures. Amendments, Chan~es an~ MOdiftcat{ons to, the 'PUD Document All construction and development within Pine Woods shall be done in accordance with the approved PUD document and de- velopment plan and the regulations set therein. However, amendments, changes or modifications may be granted upon due application to and approval by the Board of County Commissioners. 19. 663 ~'^cE 26'~ Exhibits- Maps, Plans, Schedules, Legal Documents and Wrttten Guidelines 20. SITE NO. O~F .......... 10 S e :,2J.,IWp. ~t.rge.25L line wood8 · s 132 ftof nJ/?_of Pprox.  s.w.I/~ s.w. I/4 of ~ - v4 L PRESENT LAND USE PRESENT ZC~qING OWNER ADDRE SS ~ I 2 3 4 5' A A GC GC 67M-I PUD A I 4 7 I0 Dennis Lynch et al Co~h"r Der Corp. VA C~ VA CA. ~ T GOLf COURSE PUD VACANT VACANT VACANT 599 5fh AceS~ 3003 Tomiomi Tr, N~pie ,%F1~.33940 VACANT A RoyolPoinclono G~'f Club,GoodErte Rood,Nopl~s~FIo-'53940 I -Do- -De-- Turlle Lc ke O~ f Coiony/'~do ~ss ~P~% R[~ R~p~FIc.~O Naples Both 5Te~sClub~ EO.Box 3440,Noples,Fl~. 33940 James FF~rell~r ~,M~rrick Way, C~l~bles,FIo33134 ~Moz zochi ~06~ 1315,Hart ford,Ct Lucil~ M Lew;s l~O G~h ~eon Dr~ 701,FT Louderdole, B Harold SLynlon [5~3 ~omio~TroiI, Na~es,FIo55940 .LuA, 266 .............. exlllbll nor th 6.2 pine woo(]s cluone h:~l and a~ates fort myers, fl~ida i I. I LAND TT:U.7,? AGREE?..L'NT THIS INDENTUR-E W!TNESCETH, '?hat the Grantor, JAEGER, INC., a corporation, for and in consideration of the sum of Ten Florida · Dollars .and other good and valuable considerations in hand paid, receipt of which is .acknowledged, grants, conveys and warrants unto ~HE BANK O? NAPLES, AS TRUSTEE, a'banking corporation o. rganized under the laws of th~ Sta=e of Florida an.-' duly authorized to accept and execute trusts within the State of ~ '' ' ..or'-aa, as Trustee under the provisions of a certain Trust Agreement, dated the ~-~---day of ~ , 1973, the fol[owin~ described real estate in the County o~ Collier, ~nd' State of Florida: ;: ;.'.t~:" · ' ' ' ' ::.";v:!.:i..: .' '. .' ·., ..... · , · ~,~ - .. ~,::~ ....... ' ..... The S 1/2 of the SE 1/4 of Section 14, Towns.'.!. So h, Range East, ,,,,: 3 :73 Collier County, Florida, less and ~..:'::...:? excepting the East 100 feet thereof previously conveyed to the State of .Florida for road right of way.- .... SUBJECT to easeme~t~,'restrictions and reservations of record. TO HAVE AND TO HOLD the above-described real estate in. fee simD!e with the appurtenances upon the trust and for the purposes set forth in this Deed and in the Trust Agreement and Declaration of Trust. Full power and authority i~ granted by this Deed £o Trustee or its successors to protect, conserve, sell, lease, encumber or other- wise {o manage and dispose of the real estate or any part of it. In no case shall any party dealing with the Trustee in relation to the'real estate or to whom the ~-al estate or.any part of it shall be conveyed" contracted to b~ s01d,'{'ieased or ~or'tgagea'Sy' 'T~ustee, ' ... .. : .... · "...'.'.. '? ':_.... · ' ,.: ' d." .:,". ':".. be obliged to see to the applicati, on of any purchase money,-.rent 'or money borrowed or advanced on the.premises, or be obii'ge'd"~o see that the ter.r.s of this trust have been complied with, or be obliged to inquire necessity or expediency of any act of the Trustee, or be cb!ia,'ed or pri~ileg'e~ to' inquire into .any of the'terms'of'.the Trust ,'.'.'rac::.er.t o~ Declarati~'n of Trust; ~nd every deed, trust, deed,'mortga~e, 23. :oo 5 , c 297 u~on. ~"-' c.'.a!r, ing under an~ such conveyance,. !ea~-e or c~ ..... ~" '-ns:r'_'.'.:~nt' t = :t ' (a) ~-: the time of its delivery, t.~e trust create."-, b', ti::_& In, er. tufa an~. by the Trust Agreement and Declaration of ........ ..-~ %.:~.z in full fcr~e and effect', (b) that such conveyance or other in£t-_'"~:.'.ant was exccute~ in accordance with the trusts, conditions and limitations .contained in this Indenture and. in the Trust Agreement ~nd D~c!ara~ion of Trust and is binding upon all beneficiariesu.,-~._a_~ such instruments (c) that Trustee was duiy authorized and empo%{ered to e:.:~cute and deliver every such deed, trust deed, lease, mortgage or other instrument, · and (d) if the conveyance is made to a successor or successors in trust, that such successor or successors in trust have been appointed properly and vested fully with all the title, estate, rights, powers, duties and obligations of the predecessor in trust.. Any contract, obligation or indebtedness incurred or entered into by the Trustee in connection with the real estate may be entered into by it in the name of the then beneficiaries under the Trust Agreement and Declaration of Trust, as their attorney in fact, by this Deed irrevccab!':, appointed for such purpose, or, at the e~ecticn of Trustee, in its o%cn name as .Trustee of an express trust and not indiQidua!iy and Tr%:stee shall have no obligation whatsoever %.;ith respect to any such contract, obligation or indebtedness except only so far as the trust property and funds 'in the actual possession of Trustee shall be applicable for its payment and dischar.ge, and all persons and corporations whomsoever and %~hatsoever shall be d~arged .with notice of this condition from the date of the filing for record of ~h'is Deed. ...... est of each and every benefici'ary 'under this De~d and .%der~.he '2'_'ust Agreement and Declaration of Trust referred to previously nd of a-i ..-.:rsons claiming under =hem or any of them -~ha!l be only in he el'j.-.!.-.gs, avails and. proceeds arising from the sale or other ispcsiuicn of the real estate, and such interest is declared to be crsc.':al '_.%ro.-,erty, ~nd no beneficiary under this Deed s,%all have any 24' .[[ 661 269 -'-~.or interest, legal or equi.~.able, in or to bu= only an interest in the earnings, avails an~ proceeds from such I ' :rail e~t~te a~ ~fora~ald. ' And the Grantor by this Deed fully warrants the title =o the &hove-described real estate and will defend the' title against the Izwful claims of all Rersons whomsoever ...... IN WITNESS. / WHE~OF, the Grantor aforesaid ha~ set' his hand ?,?~ ..... · · .">"W' STAWB OF FLORIDA '' COUNTY OF COLLIER .' I HE,BY CERTIFY that on this day personally appeared before me, an officer duly authorized to administer oaths and take acknowledgments, ROBERT H. JAEGER, 'as President of JAEGER, INC., a Florida corporation, to mu well known to be the person described as Grantor and who executed the ~oregoing deed, and acknowledged before me that said person executed the same freely and voluntarily for the purpose therein expressed, an~ as such officer affixed the corporation seal thereto· ".re' Jo, .. ~ ....... ' ~: ....... ...%? . · ~ .. ' :.,c ~ ~.~ .~' · ' ry ~ubli% Z, ':'"k" : ............ ·; . ~ ": 'r;' t ;' '.- '2.~' J' T.15;7 ;..%.~ , -%'2. ', ,..' '. ...... %'.7.; ,'. .. .... ~; .-,~'".' ~ "'..,''.~ ','~ ;~ "='l'"f '~' '. .... ; ...... . _ -- · [' .~.".. ~.lJ,¢~' . · _. ~ ~ , ' '.,J.:.J.t.. ~..~: .., .; ....... '., x.'~.'.,:%~:'.~Jt' ~ ,. ~,. ~. - , , {' · .' ~ ."-~.l~'~ ,'~ · .,.. ..... · ... ~ .... ~;:, ~,~ ' ~h~mas ~. Brown, Esq. )... .' ; - ', '~:2660 Airport Road · .... ' ~t.c "Na~les, Florida 33940 )sED DEVELOPMENT L. AN" 6.6 Anticipated Development Schedules 6.6.1 Phasin~'of Construction - By Tracts and Types, PHASE ' TRACTS DWELLING UNITS BY. TYPE CONDOMINIUMS TOWNHOUSES.OR OR SINGLE FAMILY PATIO HOMES MULTI-FAS~LY UNITS 'l Year 1 L,Q,U 4 4 ~o lO 20 2o '1 ! I Year 2 J,K,P,V 7 Year 3 A,S,W 10 Year 4 C,H,R,X 11 Year 5 B,N,O,T 7 Year 6 D,E,F,G, I,M 42 11 16 26 30 21 14 40 30 32 14 54 30 39 24 78 24 81 14 92 0 81 92 134 Total Dwelling Un[ts: 81+92+134 - 307 6.6.2 PIS, AS E P__qpulat ton Statistics DWELLING UNITS Each Year Cumula~ive 50 80.. 110 134 134 POPULATION Each Year Cumulative Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 34 34 53 87 54 141 55 196 55 251 56 307 28. 102 102 159 261 162 423 165 588 165 753 168 921 6.6.3 PHASE Potable Water PO"ULATION Each Year Cu~ulat£ve 663 273 'POTABLE. WATER '(150 GPD/PerS°n) Each Year Cumulative Year 1 102 102 Year 2 159 261 Year 3 .i 162 423 Year 4 165 588 'Year 5 165 753 Year 6 168 92i 6.6.4 PHASE pewa~e and Solid Waste Disposal SEWAGE (100GP'-~-~-/~erson) Each Year Cumulative 15,300 15,300 23,850. 39,150 24,300 63,450 24,750 88,200 24,750 112,950 25,200 138,150 SOLID WASTE (6 lbs./person/day) Each Year~ Cumulat'ive. Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 10,200 10,200 15,900 26,100 16,200 42,300 16,500 58,800 16,500 75,300 16,800 92,100 29. 612 954 972 990 990 1,008 612 1,566 2,538 3,528 4,518 5,526 6.6.5 PHASE School Population DWELLING UNITS EACH YEAR CUMULATIVE SCHOOL POPULATION (0.4 pupil/dwelling unit) EACH YEAR. CUMULATIVE Year 1 34 34 14 14 Year 2 53 87 21 35 Year 3 54 141 22 57 Year 4 55 196 ~2 79 Year 5 55 251 22 101 Year 6 56 307 23 123 PHASE 6.6.6 Trips Per DaM Yearl Year 2 SINGLE FAMILY~ (9.1 trips/ dwelling/day) 36 64 TOWN HOUSE OR PATIO HOME (8.3 trips/ dwelling/day) 83 133 116 116 199 116 Year 3 Year 4 Year 5 91 100 64 Year 6 382 CONDOMINIUM CUMULATIVE TRIPS/DAY (7.4 trips/ dwelling/day) 148 267 222 686 222 1,115 222 1,553 178 1,994 0 2,492 30. i I I, 6.7 Guidelines for Development of Landscaping 6.7.1 ObjectiVe' To provide a unique, aesthetic and landscaped environment to the community by: a. Minimum disruption of exis~£ng gbod quality vegetation wherever possible. b. Conservation and maintenance of cypress heads and swamps (Special Treatment Areas). Selective clearance of those tracts only which are intended for irmnedtate development. Preservation and maintenance of existing plant material on other tracts in a natural state until ready for development. Reinforcement of existing vegetation and re- establishment of new plant material. Prior to any clearance or site alterations, the developers shall submit.plans for review and approval by the Zoning Department.. Approval of said plans shall be'based upon the criteria for troe removal as outlined in the applicable Tree Removal Ordinance. 31. 5 , 305 ! ! ! I I .c 663 275 6.7.2 Functional Areas of ..Landscape Treatment. I. L'andsc'aped buffer ~lon~ Airport-Pulltns .Road FQnction: To provide visual and noise buffer II. from the traffic on Airport-Pulling Road and offer only one point of egress/i~gress to the entire project (except an emergency egress/ ingress, as shown in .Exhibit 6.4). Treatment: Buffer strip shall be in the form of h,ounds covered with rocks and thick ground cover to provide an effective visual and noise barrier. No vehicular traffic shall be allowed once treatment is completed except for mainten- ance purposes. Landscaped B~ffer Between Residential and Non- Residential (Common Area) Tracts Function: To provide visual buffer between buildings and noise and/or odor buffer between residential and non-residential uses. Treatment: Light and/or thick ground cover shall be provided depending upon whether buffer is between residential'cjusters or between residential and non-residential uses. Establish- ment of durable grasses shall eliminate wind and water erosion. 32. ' III. IV. 663 277. Landscapln~ Within the Residential Trgqt_~s Fun~tioh: To'provide,soft plant material to give human scale in a built-up environment. Treatment: Retention and maintenance of natural vegetation and trees on individual ~arcels and tracts, keeping for eventual owners the option of selective clearing, shall optimize natural plant materl~l preservation. New and compatible plant material shall be used to reinforce existing resources. ~pecial ?rearm"hi '(ST)' Areas Function': To preserve and main Special Treat- ment Areas. Treatment: All such special treatment vegeta- tion shall be protected, preserved and main- tained. Water flow shall be insured in the cypress swamps during the wet season, while retention facilities during dry season shall insure preservation and growth. The Special Treatment (ST) Areas may have pedestrian/bicycle paths, but vehicular traffic shall be prohibited, except for maintenance purposes. 33. I I I ! V. Street Plantin~ Function: To establish tree~~ and grass cover along streets to ensure safe driving without glare, pleasant pedestrian paths to stroll, and a pollution-free env£ronment~ ~reatment: Street trees shall be planted on the basis of one tree per 50 lineal feet of roadway per side. Trees may be planted as individuals or as cjusters. Cjuster planting shall be located at a maximum interval of 400 lineal feet. Any existing trees within rights of way shall be considered as part of street planting requirements, Street slopes shall be revegetated with durable grasses to control erosion. Grass cover and plant material shall be such as to require minimum maintenance. VI. Drainage Retention Lak~ Syste~ Function: To provide On-site drainage retention, a dynamic landscape element for recreation, and aesthetic environment. Treatment: The drainage retention lake system shall be constructed as shown on Exhibit 6.4. 34. 5 I I I I '! ! ! I ! i i ! ! After construction, fha lake banks and swales shall be grassed and properly land- scaped so that natural filtration of storm water shall occur before the water enters the retention area. 35. SECTION TWO: This Ordinance shall become effective upon receipt of notice from the Secretary of State. Date: September 14, 1976 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA David C. BLown, Ch~ai~u~Ah' ' APpRO_~D. AS TO FORM AND LEGALITY: D~?[~'~th, Coun~Y At t6rney This ordinance filed with the Secretary of State's office the 20th day of September, 1976 and acknowledgment of that filing received this 22nd day of September, 1976. / Depu~ Clerk '