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Ordinance 2003-33ORDINANCE NO. 03- 3 3 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, TIlE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBERED 0615N AND 0615S BY CIIANGING THE ZONING CLASSIFICATION OF TIlE HEREIN DESCRIBED REAL PROPERTY FOR A PROJECT PREVIOUSLY KNOWN AS NAPLES FOREST COUNTRY CLUB TO NOW BE NAMED NAPLES LAKES COUNTRY CLUB PUD, TO AMEND THE COMMERCIAL COMPONENT OF THE PUD DOCUMENT, TO REVISE THE SCHEDULE OF PERMITTED USES IN THE COMMERCIAL/OFFICE DESIGNATED TRACT OF THE PUD, AND TO REDUCE TttE COMMERCIAL SQUARE FOOTAGE FROM 150,000 SQUARE FEET TO A MAXIMUM OF 110,000 SQUARE FEET, FOR PROPERTY LOCATED AT THE NORTttWEST CORNER OF COLLIER BOULEVARD (C.R. 951) AND RATTLESNAKE HAMMOCK ROAD (C.R. 864), IN SECTION 15, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 485.02+ ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 98-14, AS AMENDED, AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, D. Wayne Arnold of Q. Grady Minor & Associates, representing Naples Lakes Country Club, petitioned the Board of County Commissioners in petition number PUDZ- 2002-AR-3512 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, THAT: SECYION ONE: The Zoning Classification of the herein described real property located in Section 15, Township 50 South, Range 26 East, Collier County, Florida, is changed from PUD to PUD in accordance with the Naples Lakes Country Club PUD Document, attached hereto as Exhibit "A", and incorporated by reference herein. The Official Zoning Atlas Maps numbered 0615N and 0615S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 98-14, as amended, known as the "Naples Forest Country Club" PUI), adopted on February 24, 1998 by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this o~t~day of xZowe.,. ,2003. ATTEST: DWIGHT E. BROCK, CLERK ,,. , . . '-';4""t .... ,:. litgna e oal. . Legal Sufficiency Patrick G. White Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA This ordinance filed with the Secretary of State's Office the and acknowledgemen,~, ,~_f that filina received this ~ day of ~, ~ ^,t_~..._ PUDZ- 2002-AR-3512/KD/sp Attachments: Exhibit A, PUD Document 2 NAPLES LAKES COUNTRY CLUB A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING NAPLES LAKES COUNTRY CLUB, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: TBI/NAPLES LIMITED PARTNERSHIP 233956 SANCTUARY LAKES COURT BONITA SPRINGS, FLORIDA 34134 PREPARED BY: D. WAYNE ARNOLD, AICP Q. GRADY MINOR AND ASSOCIATES, P.A. 3800 VIA DEL REY BONITA SPRINGS, FLORIDA 34134 AND RICHARD YOVANOVICH GOODLETYE, COLEMAN AND JOHNSON 4001 TAMIAM~ TRAIL, SUITE 300 NAPLES, FLORIDA 34103 Last revision: May 19, 2003 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER 5/15/03 6/24/03 2003-33 EXHIBIT "A" TABLE OF CONTENTS List of Exhibits and Tables Statement of Compliance Section I Section II Section III Section IV Section V Section VI Section VII i ii Legal Description, Property Ownership and General Description I-1 Project Development II- 1 Residential Development Standards 111-1 CommonskRecreation Area Development Standards IV- 1 Commercial\Office Area Development Standards V-1 Preserve Area VI- 1 Development Commitments VII- ! LIST OF EXHIBITS AND TABLES EXHIBIT A TABLE I TABLE II TABLE Ill PUD MASTER PLAN PROJECT LAND USE TRACTS RESIDENTIAL\COMMONS RECREATION DEVELOPMENT STANDARDS DEVIATION LIST STATEMENT OF COMPLIANCE The development of approximately 485 acres of property in Collier County as a Planned Unit Development to be known as Naples Lakes Country Club will be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, commercial\office, and recreational facilities of Naples Lakes Country Club PUD are consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives of each of the elements of the Growth Management Plan for the following reasons: The subject property for development is within the Urban Mixed Use District/Urban Residential Subdistrict as identified on the Future Land Use Map as provided for in Objective 1 of the Future Land Use Element (FLUE), and the uses contemplated are consistent therewith. The subject property is located in an area identified as an Activity Center in the Growth Management Plan for Collier County. Activity Centers are the preferred locations for the concentration of commercial and mixed use development activities. The subject property is located on the northwest comer of the Rattlesnake Hammock Road (C.R. 864) and County Road 951 intersection. This strategic location allows the site superior access for the placement of commercial activities. The project is a mixed use development located within, and less than one mile from, a designated Activity Center, therefore, the proposed commercial uses and residential densities are consistent with the Future Land Use Element of the Collier County Growth Management Plan. The proposed density of Naples Lakes Country Club PUD is 1.67 units per gross acre and less than the maximum density of 7 units per acre permitted by the FLUE Density Rating System and is therefore consistent with the Future Land Use Element, Policy 5.1. The development will be compatible with and complementary to existing and planned surrounding land uses. The development of Naples Lakes Country Club PUD will result in an efficient and economical extension of community facilities and services as required in Policies 3.1.H and L of the Future Land Use Element. Naples Lakes Country Club PUD is consistent with and furthers Policy 5.5 of the Future Land Use Element in that it is using existing land zoned for urban uses. 10. 11. Naples Lakes Country Club PUD implements Policy 5.6 of the Future Land Use Element in that more than 60% of the project will be open space or reserved for conservation purposes. The Master Development Plan, with its extensive natural, lake and golf course open space areas, and with its low residential density, will insure that the developed project will be an enjoyable residential neighborhood. 111 1.1 1.2 1.3 1.4 I-1 SECTION I LEGAL DESCRIPTION, PROPERTY OWNERSHIP AND GENERAL DESCRIPTION PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Naples Lakes Country Club PUD. LEGAL DESCRIPTION The subject property being 485.02 acres is described as: All that part of Section 15, Township 50 South, Range 26 East, Collier County, Florida, lying south of the following described parcel: BEGINNING at the Northeast comer of Section 15, Township 50 South, Range 26 East, Collier County, Florida, then along the North line of Section 15, South 87° 37' 14" West 100.16 feet to the West Right-Of-Way line of County Road 951 for a PLACE OF BEGINNING; then along the West Right-Of-Way line South 00°51'53" West 892.87 feet; then South 87°43'59'' West 4870.63 feet to the West line of Section 15: then along the West Section line North 00015'23" West 882.49 feet to the Northwest comer of Section 15; then North 87037, 14" East 4888.46 feet to the PLACE OF BEGINNING, And lying west of the Right-Of-Way for County Road 951 and north of the Right-Of- Way for Rattlesnake Hammock Road. PROPERTY OWNERSHIP The subject property is owned by TBI/Naples Limited Partnership GENERAL DESCRIPTION OF PROPERTY The development property is located in the northwest quadrant of the intersectiofi of Rattlesnake Hammock Road (C.R. 864) and County Road 951, in Section 15, Township 50 South, Range 26 East. The project site is substantially developed in accordance with this PUD document and master plan. The property is generally without topographic relief, with elevations ranging from 8.2' to 10.8' above mean sea level. The site contains extensive areas of jurisdictional wetlands including both submerged .wetlands in which cypress and associated vegetation dominate, and transitional wetlands in which the predominant vegetation is a mix of pine and cypress and associated upland and wetland plants. Natural drainage is southwesterly. The proposed water management regime for the project utilizes lake and natural wetland detention areas which will result in the post development surface water discharge volume being no more than the pre-development discharge volume. 1.5 PROJECT DESCRIPTION The Naples Lakes Country Club PUD shall be a mixed use development, with residential development centered around an 18 hole golf course, with a commercial/office development opportunity. The commercial component of the development will be located on a 15+ acre parcel at the intersection of County Road 951 and Rattlesnake Hammock Road. The commercial land uses proposed are those typically associated with major intersections, including, but not limited, convenience stores with gas pumps, restaurants, whether fast-food and/or sit-down dining, banks, and shopping centers anchored by a major grocery store, and/or major retail store(s). There is the potential for professional offices to be located in a shopping center or developed in an outparcel within the commercial/office development area. The amenities proposed to be provided in the project include, but are not limited to, an 18 hole golf course and related support facilities, structures and areas to provide social and recreational space, lakes, natural and landscaped open spaces,, and a diverse variety of passive and active recreational opportunities. Each residential unit, and each commercial or office land use, will be served with centrally provided potable water, sanitary sewer, electric power, and telephone. Additional services will be provided as deemed appropriate. Approximately 361 acres of the 584+ acre project is planned as a Stormwater management basin. Approximately 69 acres of lakes and 29 acres of natural/preserve area are included in this area. Stormwater originating on lands to the north of the project will flow through the project using culvers, swales, and preserved areas of the site in a manner intended to duplicate predevelopment conditions. Flood protection will be provided to the project by raising buildings, roads, etc. in conformance with South Florida Water Management District criteria. The South Florida Water Management District criteria for building pad elevation is the 100-year, 3- day/zero-discharge storm elevation, ~d the minimum road elevation is based on the 25 year, 3-day storm event. After heavy rainfall events, surface waters from storage areas will be slowly discharged through small bleed-down structures into the existing preserved wetland slough. Off-site outfalls which receive Stormwater discharge from the property will likely undergo modification in the future due to development/modification, at which time modifications to the Naples Lakes Country Club PUD water management plan May be required. 1.6 SHORT TrrLE This Ordinance shall be known and cited as the "Naples Lakes Country Club Planned Unit Development Ordinance." 1-2 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE 2.2 The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable County Ordinances, the respective land uses of the tracts included in the Naples Lakes Country Club PUD development, as well as other project relationships. GENERAL 2.3 II-1 Regulations for development of Naples Lakes Country Club PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code and Growth Management Plan in effect at the time of building permit application. Where these regulations fall to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of building permit application. All conditions imposed and all graphic material presented depicting restrictions for the development of Naples Lakes Country Club PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or, excepted by this PUD, the provisions of other sections of the Land Development Code, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Eo Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the County Land Development Code, at the earliest or next to occur of either Final Site Development Plan, Final Plat approval, or building permit issuance applicable to this development. DESCRIPT/ON OF PROJECT PLAN AND LAND USE TRACTS The project Master Plan, including layout of streets and use of land for the various tracts is illustrated graphically by Exhibit "A," PUD Master Plan. There shall be four land use tracts, portions of which may include water management lakes or facilities, and private street rights-of-way, the general configuration of which is also illustrated by Exhibit "A." TABLE I PROJECT LAND USE TRACTS TRACT "R" TRACT "CO" TRACT "CR" TRACT "P" TYPE UNITS/SQ.FT. ACREAGE + RESIDENTIAL 785 110 COMMERCIAL\OFFICE 110,000 15 COMMONS~RECREATION 0 219 PRESERVE 0 141 2.4 2.5 II-2 Bo Areas illustrated as lakes by Exhibit "A" shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may be permitted at the time of Final Plat or Site Development Plan approval, subject to the provisions of Sections 3.2.6.3.5 and 2.7.3.5 respectively, of the Collier County Land Development Code, or as otherwise permitted by this PUD document. In addition to the various areas and specific items shown on Exhibit "A", such easements as necessary (utility, private, semi-private) shall be established within or along the various tracts as may be necessary. MAXIMUM PROJECT DENSITY A maximum of 785 residential dwelling units may be constructed in the total project area. The gross project area, excluding commercial/office development area, is approximately 470.02 acres. The gross project density, therefore, will be a maximum of 1.67 dwelling units per acre. PROJECT PLAN APPROVAL REQUIREMENTS Prior to the recording of a Record Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD M~ster Development Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to, or concurrent with the PUD approval, a Preliminary Subdivision Plat shall be submitted for the entire area covered by the PUD Master Plan. Any Go division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. The development of any tract or parcel approved for residential or commercial/office development contemplating fee simple ownership of land for each dwelling unit, or commercial/office unit or parcel, shall be required to submit and receive approval of a Preliminary Subdivision Plat, in conformance with the requirements of Division 3.2 of the Collier County Land Development Code, prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. The golf course and related support facilities, including construction trailers and golf course maintenance facilities, may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval of an Early Work Agreement by Collier County Development Services Staff and the Board of' County Commissioners. Use of the golf course may not occur until a Site Development Plan for the golf course is approved, or the plat is recorded, and ail support infrastructure is completed and preliminary acceptance for the improvements is granted by the Community Development and Environmental Services Administrator. Prior to the development of a"zero lot line product (single-family detached units following the development standards set forth in Sub-sections 3.4.B.2), 3.4.C.3), and 3.4.D.3) of this document, in which each unit is on a separately platted lot, the developer shall submit a Site Development Plan showing the building envelope on all of the lots intended for zero lot line construction to the Customer Services Department for purposes of indicating zero lot line relationships, provision' for achieving the minimum space between buildings, and to ensure that no one lot is adversely impacted by failing to provide the required sideyard in a uniform manner. 2.6 2.7 LAKE SETBACK AND EXCAVATIONS The lake setback requirements described in Section 3.5.7.1 of the Land Development Code may be reduced with the administrative approval of the Collier County Community Development and Environmental Services Administrator, or his designee. Lakes may e excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 of the Land Development Code, however, removal of fill from Naples Lakes Country Club PUD shall be limited to an amount up to ten percent (10%) (to a maximum 20,000 cubic yards), of the total volume excavated unless a commercial excavation permit is received. USE OF RIGHTS-OF-WAY All platted project streets shall be private and shall be classified as local streets.~ Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage may be allowed subject to review and administrative approval by the Collier County Community Development and environmental Services Administrator, or his designee, for engineering and safety considerations prior to installation. Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten (10') feet in width as measured from pavement edge shall separate any parking aisle or driveway from any abutting road. 2.8 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN x Changes and amendments may be made to this PUD Ordinance or PUD Master Development Plan, Exhibit "A", as provided in Section 2.7.3.5. of the Collier County Land Development Code. Minor changes and refinements as described in Section 7.3.C of this PUD document may be made in connection with any type of development or permit application required by the Collier County Land Development Code.. 2.9 DEDICATION AND MAINTENANCE OF COMMON AREAS & FACILITIES Easements shall be provided for water management areas, right-of-way, utilities and other purposes as required. All necessary easements dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this ordinance establishing Naples Lakes Country Club PUD. Whenever the developer elects to create land area and/or recreation amenities whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within Naples Lakes Country Club PUD, the developer ghall provide appropriate legal instruments for the establishment of a Property Owners' 114 Association, or, provision for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of Section 2.2.20.3.8 of the Collier County Land Development Code. 2.10 2.11 MODEL HOMES AND SALES FACILITIES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate such as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout the Naples Lakes Country Club PUD subject to the requirements of Division 2.4, Division 2.5, and Section 2.6.33.4 of the Collier County Land Development Code. The limitation of Subsection 2.6.33.4.1.5(a) of the Land Development Code, regarding the number of model homes allowed prior to plat recordation shall be applicable to each subdivision tract rather than each subdivision phase. FILL STORAGE Fill storage is generally permitted as a principal use throughout the Naples Lakes Country Club PUD. Fill material generated may be stockpiled within areas designated for residential development. Prior to stockpiling in these locations, a Letter of Notification along with plans showing the locations and cross-sections shall be submitted to Collier County Engineering Review Services for review and approval. The following standards shall apply. A. Stockpile maximum side slope: 3:1 Bo Eo Do Stockpile maximum height: thirty-five (35) feet Fill storage areas shall be screened with a security fence at least six (6) feet in height above ground level. If fill is spread to a height less than four feet over future residential lots which are depicted on an approved Preliminary Subdivision Plat, no fencing is required. Soil erosion control shall be provided in accordance with Division 3.7 of the Land Development Code, and stockpiling retained for periods greater than 90 days be seeded with grass. If fill is spread to a height less than four feet over residential lots which are depicted on an approved Preliminary Subdivision Plat, erosion control is required, but no seeding with grass is required. Fill storage shall not be permitted in Preserve Areas. Fill storage and stockpiling shall be permitted as a part of a golf course Early Work Permit, and prior to platting or Site Development Plan submittal. 11-5 2.12 2.13 2.14 REQUIRED ENVIRONMENTAL PERM1TFING Where the development of land within Naples Lakes Country Club PUD requires a permit from a local, State, or Federal agency with jurisdiction over the property proposed for development, the developer shall obtain such permits prior to final development order approval. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.4.6 of the Conservation and Coastal Management Element of the Collier County Growth Management Plan, a minimum of 25% of the viable, naturally functioning native vegetation on site is required to be retained. This requirement is fully satisfied within the Preserve Area and other areas within the PUD. LINKAGE TO COLLIER COUNTY LAND DEVELOPMENT CODE Pursuant to Subsection 2.7.3.3 of the Land Development Code, upon adoption of the PUD Ordinance and attendant PUD Master Plan, the provisions of the PUD document become a part of the Land Development Code, and shall be the standards of development for the PUD. Thence forth, development in the area delineated as the PUD District on the Official Zoning Atlas will be governed by the adopted development regulations and PUD Master Plan. I1-6 3.1 PURPOSE SECTION III RESIDENTIAL DEVELOPMENT 3.2 The purpose of this Section is to identify specific development standards for areas designated as Tract "R" on the PUD Master Plan, Exhibit "A." MAXIMUM DWELLING UNITS The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 785 dwelling units. 3.3 USES PERMITYED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: I) Single-Family detached dwellings. 2) Single-family attached dwellings, zero lot line and patio dwellings and/or multi-family dwellings. 3) Model Homes (See Section 2.10 of this PUD Document). B. Accessory Uses: 1) Customary accessory uses and structures including but not limited to private garages, tennis facilities, and swimming pools with or without screened enclosures. 2) Utility facilities and, or easements (including rights-of-way easements). 3) Signage (see Section 7.11 of this document). 4) Water management facilities/lakes. 5) Project sales and administrative offices, which may occur in a residential or recreational building and/or in a temporary building until such time as permanent structures are available. III- 1 3.4 DEVELOPMENT STANDARDS GENERAL: Except as provided for herein, all criteria set forth below shall be understood to be in relation to individual parcel or lot boundary lines, or between structures. Front yard setbacks shall be measured from back of curb or edge of pavement, whichever is closer to the structure Condominium/homeowner's association boundaries shall not be utilized for determining development standards. B. MINIMUM LOT AREA: 1) Single family lots: 5,500 square feet. 2) Attached single family, villa/patio homes, and zero lot line dwellings: 4,000 square feet of site area per dwelling unit. 3) Multi-family parcels: 1 acre. C. AVERAGE LOT WIDTH: 1) Single family lots: 70 feet. 2) Attached single family dwelling units: 30 feet per single story dwelling unit; 25 feet per two story dwelling unit. 3) Villa/patio homesites, and zero lot line lots: 50 feet. 4) Multi-family parcels: 150 feet D. MINIMUM YARDS: (Principal Structures): 1) Single family detached: Front Yard: 25 feet. Side Yard: 7.5 feet. Rear Yard: 20 feet. Minimum Distance Between Structures: 15 feet. 2) Single family attached: Front Yard: 20 feet. Side Yard: 5 feet for one story structures, and 7.5 feet for two story structures. Rear Yard: 15 feet. Minimum Distance Between Structures: 10 feet. 3) Villa/patio homes, and zero lot line: Front Yard: 20 feet. Side Yard: 0 feet or 5 feet. Rear Yard: 15 feet. III-2 Minimum Distance Between Structures: 10 feet. 4) Multi-family: Front yard: 20 feet Side Yard: 15 feet, or where adjacent to a golf course: 0 feet; or lake: 0 feet from the lake control elevation. Rear Yard: 20 feet, or where adjacent to a golf course: 0 feet; or lake: 0 feet from the lake control elevation. Minimum Distance Between Structures: 15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater. MINIMUM YARDS (Accessory Structures): 1) Single family detached: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 20 feet. 1) Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake 0 feet from the lake control elevation. 2) Single family attached: Front Yard: Same as principal structure. Side Yard: Same as principal structure RearYard: Detached: 15feet. Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake 0 feet from the lake control elevation. 3) Villa/patio homes, and zero lot line: Front Yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 15 feet. Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake 0 feet from the lake control elevation. 4) Multi-family: Front yard: Same as principal structure. Side Yard: Same as principal structure. Rear Yard: Detached: 20 feet. Attached: 10 feet, or where adjacent to a golf course 0 feet; or lake 0 feet from the lake control elevation. III-3 F. MINIMUM FLOOR AREA: 1) Single family detached dwelling units: 1,400 square feet. 2) All other dwelling units: 1,000 square feet. G. OFF-STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Collier County Land Development Code in effect at the time of building permit application. H. MAXIMUM HEIGHT 1) Single Family attached or detached, villa/patio homes, and zero lot line: Two stories above the minimum flood elevation. 2) Multi-family: Four stories above the minimum flood elevation. 3) Accessory Structure: 35 feet, or 2 stories, whichever is greater, above the minimum flood elevation, except for attached screen enclosures, which may be the height of the principal structure. I. CLUSTER DEVELOPMENT In the event a housing project (including infrastructure), is designed with a common architectural theme, the Collier County Development Services Director may permit variations from the 'previously listed residential development regulations. Prior to approval and subject to the provisions of Division 3.3 of the Collier County Land Development Code, the Collier County Development Services Director shall insure that the plans are appropriate for and compatible with the surrounding area, and the basic intent of the PUD standards are complied with. 111-4 4.1 PURPOSE SECTION IV COMMONS/RECREATION AREA 4.2 The purpose of this Section is to set forth the development plan and development standards for the areas designated as Tract "CR", Commons/Recreation Area on Exhibit "A". The primary function and purpose of this Tract is to provide for access, project infrastructure, and aesthetically pleasing open areas intended to satisfy the residents' basic needs for a quality recreational opportunity. Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities. considered non-binding. Except in areas to be used for water impoundment, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. USES PERM1TFED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses: 1) Golf courses and golf club facilities, including temporary and permanent golf clubhouse. 2) Tennis clubs, health spas, and other recreational clubs. 3) Structures which house social, recreational, project marketing, administrative, or security facilities. 4) Community and golf course maintenance areas, maintenance buildings, utility storage buildings, chemical storage buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treatment plants, utilities pumping facilities and pump buildings, utility and maintenance staff offices. 5) Utility, water management and fights-of-way/access easements. 6) Lakes and water management facilities. 7) Conservation areas/mitigation areas. 8) Land use and/or landscape buffers, which may or may not be easements, depending on the buffer use. IV-1 9) Signage (see Section 7.10 of this document). 10) Open space uses and structures including, but not limited to golf cart paths, nature trails, riding trails, fitness trails and shelters, boardwalks, landscape nurseries, gazebos, and picnic areas. 11) Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the commons areas. 12) Small docks, piers or other such facilities constructed for purposes of lake recreation, for residents of the project. 13) Shuffleboard courts, tennis courts, swimming pools, and other facilities intended for outdoor recreation. 14) Lake excavations as permitted by Division 3.5 of the Collier County Land Development Code. B. Accessory Uses: Accessory, incidental and subordinate commercial activities such as but not limited to those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainable only by the membership of the golf courses and clubhouse. 1) Clubhouse, pro-shop, snack bars, practice driving range, golf cart barns, restrooms/shelters, and other customary accessory uses of golf courses. 2) Small establishments, including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 3) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4) One (1) caretaker's residence for the golfing/tennis facilities. 5) Telecommunications facilities, including, but not limited to digital, fiber optic, microwave, satellite, UHF, VHF, FM, AM, Short-wave, and other sending and receiving facilities and structures, subject to applicable permitting, and written approval by the developer or master homeowner's association. 4.3 DEVELOPMENT REGULATIONS A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. B. Setbacks: Fo Go 1) Country Club (Principal structures): Front Yard: 50 feet from abutting residential parcels, otherwise 0 feet. Side Yard: 25 feet from abutting residential parcels, otherwise 0 feet. Rear Yard: None. Accessory Structures (all yards): 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. 2) Other Recreation Areas (All buildings): Front Yard: 20 feet, or where adjacent to golf course 0 feet' or lake 0 feet, measured from the lake control elevation. Side Yard: 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. Rear Yard: 10 feet, or where adjacent to golf course 0 feet; or lake 0 feet, measured from the lake control elevation. Structures adjacent to one another shall be separated by a minimum of 10 feet. Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare, or other interference. A site Development Plan in compliance with Division 3.3 of the Collier County Land Development Code shall be required, except for uses authorized by the golf course Early Work Agreement, as set forth in Section 2.5 F. of this document. Maximum Height: 1) Principal Structures: 60 feet. 2) Accessory Structures: 40 feet, except telecommunications facilities and structures. Minimum Off-Street Parking and Loading: 1) Private Golf Courses: Four (4) spaces per hole. Additionally, one (1) space per 200 square feet shall be provided for office/lobby/pro-shop/health club/ clubhouse/lounge/snack bar/dining room/meeting room areas, of which a maximum one-third (1/3) of this requirement may be grassed and set aside for future parking and shall be paved as deemed necessary by the Development Services Director and dedicated as such on the Site Development Plan at the time of approval pursuant to Division 3.3 of the Collier County Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including: swimming pools, golf driving range and tennis courts shall be provided. Golf cart, golf bag and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed a one (1) space per 1,000 square feet. 2) Loading Areas: As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. H. Caretaker's Residence: One (1) caretaker's residence shall be permitted for the golfing/tennis facilities, subject to the following: 1) The residence shall be constructed as an integral part of the main golf course clubhouse facility, and shall be entered from within the respective clubhouse/facility. All exits required to comply with fire codes shall be permitted. 2) The caretakers' residences shall be an accessory use, and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the golf course. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Parking for the caretakers' residences shall be in addition to any other required parking facilities. 4.4 XBUFFER DEVELOPMENT REGULATIONS A. Buffer Types: 1) Land use buffers shall be easements, generally located along the project's perimeter, intended to protect residential land uses from possible impacts from adjacent off-site roadways and/or off-site land uses. Land use buffers may also be utilized within the project boundaries, at the discretion of the developer. Land use buffers may be landscape buffers and, or earthen berms and, or fences/walls. 2) Landscape buffer; existing native plant types may be utilized and, or; 3) Earthen berms and, or; 4) Fences/walls: 9 foot maximum height. IV-4 B. Buffer Development Standards: In addition to the development standards set forth below, the provisions of Section 7.11 of this document shall also apply. l) Land use buffers, berms, fences and walls may be constructed along the perimeter of the Naples Lakes Country Club PUD boundary prior to Subdivision Platting and Site Development Plan submittal. All such areas must be included in a landscape or buffer easement on Final Plats, or in a separate recorded instrument. 2) All other project property boundaries shall have land use buffer widths in compliance with Division 2.4 from Collier County's Land Development Code. 3) Except as provided for above, and in Section 7.11 of this document, buffer improvements shall be in conformance with Division 2.4 from Collier County's Land Development Code. 4) Types and numbers of plantings for project perimeter land use buffers shall be submitted with Construction Plans and Plat application(s). Plans shall depict how the perimeter land use buffers will be irrigated. DEVELOPMENT STANDARDS TABLE II DEVELOPMENT STANDARDS SINGLE SINGLE VILLA/PATIO FAMILY FAMILY ZERO LOT DETACHED ATTACHED LINE MULTI- COMMONS FAMILY RECREATION USES PRINCIPAL STRUCTURES MINIMUM LOT AREA 5,500 S.F. 4,000 S.F. 4,000 S.F. 1 ACRE NOT APPLICABLE AVERAGE LOT WIDTH 70 FEET 30 FEETi 50 FEET 150 FEET 25 FEETS NOT APPLICABLE M~.~OORA~A 1,400 S.F. 1,000 S.F. 1,000 S.F. 1,000 S.F. NOT APPLICABLE FRONT YARD 25 FEET 20 FEET 20 FEET 20 FEET 50 FEETS 20 FEET4 SIDE YARD 7.5 FEET 5 FEET~ O FEET OR 15 FEETs 25 FEETS 7.5 FEET2 5 FEET 10 FEETa REAR YARD 20 FEET 15 FEET 15 FEET 20 FEETS NONE3 ~o FEE~ MIN. DIST. BETWEEN STRUCTURES 15 FEET 10 FEET 10 FEET 15 FEET4 10 FEET MAX. BLDG. HT. 2 STORIES7 2 STORIES? 2 STORIES7 4 STORIES./ 60 FEET7 ACCESSORY STRUCTURES FRONT S.P.S. S.P.S. S.P.S. S.P.S. 10 FEETS S.P.S.4 SIDE S.P.S. S.P.S. S.P.S. S.P.S. 10 FEETs ,, S.P.S.4 REAR (ATTACHED) 10 FEETs 10 FEETs 10 FEETs 10 FEETS 10 FEETS S.P.Sfi (DETACHED) 20 FEET 15 FEET 15 FEET 20 FEET 10 FEETS S.P.S.4 MAX. BLDG. HT. 35 FEET~ S.P.S.: Same as Principal Structures. 35 FEETa 35 FEETs 35 FEETa 45 FI~ET9 1. Applicable to single story dwelling units. 2. Applicable to two story dwelling units. 3. Applicable only to the golf course clubhouse, and only applicable from residential parcels, otherwise none (0'). 4. Applicable to all other recreational buildings not associated with the golf course clubhouse. Whe~ such recreational buildings are adjacent to golf course - none (0'), or lake - none (0') measured from the lake control elevation. 5. Where adjacent to a golf course - none (0'), or lake - none (0') measured from the lake control elevation, 6. 15 feet, or one-half of the sum of the heights of adjacent buildings, measured from exterior walls, whichever is greater. 7. Building height shall be measured from minimum flood elevation. 8. 35 feet, or 2 stories, whichever is greater, above the minimum flood elevation, except for attached sc~en enclosures, which may be the height of the principal structure. 9. 40 feet, except telecommunications facilities and structures. 5.1 5.2 5.3 SECTION V COMMERCIAL/OFFICE AREA PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "CO", Commercial/Office Area on Exhibit "A", PUD Master Plan. MAXIMUM COMMERCIAL/OFFICE SQUARE FEET The 15+ acre Conunercial/Office Area (Tract "CO"), shall not be developed with more than 110,000 square feet of commercial/office uses. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Uses~: 1) Travel Agencies (4724) 2) Any retail businesses as defined in the Standard Industrial Classification Manual for the following categories: a. 523 - Paint, Glass, and Wallpaper stores; b. 525 - Hardware stores; c. Major Group 53 - General merchandise stores. 3) Any retail store engaged in'selling food as defined under Major Group 54 in the Standard Industrial Classification Manual, except freezer food plans and produce stands. 4) Any retail businesses engaged in selling automobile parts and accessories; and retail gasoline sales (without service facilities), as defined in the Standhrd Industrial Classification Manual for the following categories: a. 553 - Auto and Home Supply stores, not including battery dealers, tire dealers, auto parts dealers or any installation facilities; b. 554 - Gasoline Stations, not including service stations, marine service stations, truck stops or service facilities; c. 7542 - Carwashes only. ~ Reference Executive Office of the President, Office of Management and Budget, Standard Industrial Classification Manual, 1987 Edition. V-1 5) 6) Any retail businesses engaged in selling apparel and accessories as defined under Major Group 56 in the Standard Industrial Classification Manual. Any retail businesses engaged in selling home fumiture, furnishings, and equipment stores as defined under Major Group 57 in the Standard Industrial Classification Manual. 7) 8) 9) lO) 11) Any retail establishment selling prepared foods and drinks, including alcoholic drinks (for consumption on the premises), as defined under Major Group 58 in the Standard Industrial Classification manual. Drinking places (5813) shall be permitted only in conjunction with eating places (5812). Any miscellaneous retail businesses as defined under Major Group 59 in the Standard Industrial Classification Manual, not including Industry Group Numbers: 593 - Used Merchandise Stores; 596 - Nonstore Retailers; 598 - Fuel Dealers. For Group 5999, gravestones and tombstones retail, sales barns, firework sales and auction rooms shall be prohibited. Establishments operating primarily in the fields of finance, insurance, and real estate as defined under Major Groups 60,61, 62, 63, 64, 65, and 67 in the Standard Industrial Classification Manual. Establishments operating primarily to provide personal services as defined in the Standard Industrial Classification Manual for the following Industry Groups: a. 721 - Laundry, Cleaning, and Garment Services, only including 7212 - Garment pressing, and agents for laundries and drycleaners including on site dry cleaning; b. 722 - Photographic Portrait Studios; c. 723 - Beauty Shops; d. 724 - Barber Shops; " e. 725 - Shoe Repair Shops and Shoeshine Parlors; f. 729 - Miscellaneous Personal Services, only including 7291 - Tax return preparation services, and 7299 personal services, only including car title and tag service, computer photography or portraits, dress suit and tuxedo rental, electrolysis (hair removal), hair weaving or replacement service; and tanning salons. Establishments operating primarily to provide business services as defined in the Standard Industrial Classification Manual for the following Industry Numbers: a. 7311 - Advertising Agencies; b. 7313 - Radio, Television, and Publishers' Advertising Representatives; c. 7331 - Direct Mail Advertising Services; d. 7334 - Photocopying and Duplication Services; v-2 5.4 12) 13) e. 7335 - Commercial Photography; f. 7336 - Commercial Art and Graphic Design; g. 7338 - Secretarial and Court Reporting Services; h. 7352 - Medical Equipment Rental and Leasing; i. 7359 - Equipment Rental and Leasing, Not Elsewhere Classified-limited to only allow piano, video recorder and player, and furniture uses. Outdoor storage for any use is prohibited; j. 7371 - 7379 - Computer Services; k. 7383 - News Syndicates; 1. 7384 - Photofinishing Laboratories; m. 7389 - Business Services, Not Elsewhere Classified - outdoor storage for any use is prohibited; n. 7841 - Video Tape Rental; o. 7999 - Amusement and Recreation Services, Not Elsewhere Classified including only yoga, martial arts, gymnastics instruction and similar uses; p. 8011 - 8049 - Health Services, also including offices and clinics of oncologists. 8071 - 8092 - Medical and Dental Laboratories, 8099 - Health and Allied Services, Not Elsewhere Classified. Establishments operating primarily to provide legal services as defined under Major Group 81 in the Standard Industrial Classification Manual. Establishments operating primarily to provide engineering, accounting, research, and management for the following Industry Numbers: a. 8711 b. 8712 c. 8721 d. 8732 e. 8742 f. 8743 g. 8748 -Engineering Services (no outside equipment storage); - Architectural Services (no outside equipment storage); - Accounting, Auditing, and Bookkeeping Services; - Commercial Economic, Sociological, and Educational Research; - Management Consulting Services; - Public Relations Services; - Business Consulting Services. 14) Offices of government as defined under Major Group 91 in the Standard Industrial Classification Manual. B. Accessory Uses Accessory uses and structures customarily associated with the permitted principal uses and structures, including, but not limited to: 1) Parking facilities and Signage. 2) One caretaker's residence. DEVELOPMENT STANDARDS v-3 Do He MINIMUM LOT AREA: 10,000 square feet. AVERAGE LOT WIDTH: 100 feet. MINIMUM YARDS (INTERNAL): 1) Front Yard: 20 feet. 2) Side Yard: None, or a minimum of 5 feet, with unobstructed passage from front to rear yard. 3) Rear Yard: 15 feet. 4) Parcels with two frontages may reduce one front yard by 10 feet. MINIMUM YARDS AND BUFFERS (EXTERNAL) 1) Rattlesnake Hammock Road (C.R. 864): 50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the Rattlesnake Hammock Road Right-Of-Way. A 20 foot landscape buffer, in accordance with Section 4.4, and Section 7.11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of Rattlesnake Hammock Road. 2) County Road 951:50 foot setback, except that canopies for gas stations must maintain a 30 foot setback, provided no gas pumps or pump islands are located closer than 40 feet from the C.R. 951 Right-Of-Way. A 20 foot landscape buffer, in accordance with Section 4.4, and Section 7.11 of this document, and Division 2.4 of the Collier County Land Development Code, shall be provided along the entire frontage of State Road 951 MINIMUM DISTANCE BETWEEN STRUCTURES: Same as side yards. MAXIMUM HEIGHT: 50 feet, except for architectural appurtenances, which shall not exceed 75 feet. MINIMUM FLOOR AREA: 1,000 square feet per principal structure, on the fh'st finished floor. Kiosk vendor, concessions, and temporary or mobile sales structures are permitted to have a minimum floor area of 25 square feet, and are not subject to setback requirements set forth above. MAXIMUM GROSS LEASABLE FLOOR AREA: 110,000 square feet. OFF-STREET PARKING AND LOADING REQUIREMENTS: V-4 As required by Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan approval. J. ARCHITECTURAL UNIFORMITY: Commercial/office development in this PUD shall have a common architectural theme for all structures. Commercial/office development site design shall conform with the guidelines and standards of Division 2.8 of the Land Development Code. K. CARETAKER'S RESIDENCE: One (1) caretaker's residence shall be permitted for the commercial/office development area, subject to the following: 1) The residence shall be constructed as an integral part of the shopping center or one of the commercial/office buildings, and shall be entered from within that structure. Exits required to comply with fire codes shall be permitted. 2) The caretakers' residence shall be an accessory use, and shall be for the exclusive use of the property owner, tenant or designated employee operating or maintaining the shopping center or commercial/office facilities. 3) Off-street parking shall be as for a single-family residence in accordance with Division 2.3 of the Collier County Land Development Code in effect at the time of Site Development Plan application. Parking for the caretaker's residences shall be in addition to any other required parking facilities. v-5 6.1 6.2 SECTION VI PRESERVE AREA PURPOSE The purpose of this Section is to set forth the development plan for areas designated as Tract "P", Preserve Area on Exhibit "A", PUD Master Plan. The primary function and purpose of this Tract is to preserve and protect vegetation and naturally functioning habitats, such as wetlands, in their natural state. USES PERMITYED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to regional, State and Federal permits, when required: A. Principal Uses: 1) Open spaces/Nature preserves. 2) Water management facilities. 3) Signage (see Section 7.10 of this document). 4) Mitigation areas. 5) Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project, subject to appropriate approval by permitting agencies. 6) Hiking trails, riding trails ~nd golf cart paths, shelters, or other such facilities constructed for the purposes of passage through or enjoyment of the site's natural attributes, subject to appropriate approval by permitting agencies. VI-1 SECTION VII DEVELOPMENT COMMITMENTS 7.1 7.2 7.2 PURPOSE The purpose of this Section is to set forth the development commitments for the development of the project. GENERAL All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated other wise, the standards and specifications of the Land Development Code of Division 3.2 shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shall be responsible for the commitments outlined in this document. The developer, his successor or assignee, shall follow the Master Development Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title to the developer is bound by any commitments within this agreement. These commitments may be assigned or delegated to a homeowners' association to be created by the Developer. Upon assignment or delegation, the Developer shall be released from responsibility for the commitments. PUD MASTER DEVELOPMENT PLAN Ao Exhibit "A", PUD Master Plan illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries, or special land use boundaries shall not be construed to be final, and may be varied at anytime at any subsequent approval phas~ as may be executed at the time of final platting or site development plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. Bo All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all services and all common areas in the project. Co The community Development and Environmental Services Administrator, or his designee, shall be authorized to approve minor changes and refinements to the Naples Lakes Country Club PUD Master Plan upon written request of the developer. 1) The following limitations shall apply to such requests: VII-1 2) 3) 4) The minor change or refinement shall be consistent with the Collier County Growth Management Plan and the Naples Lakes Country Club PUD document. The minor change or refinement shall not constitute a substantial change pursuant to Subsection 2.7.3.5.1 of the Collier County Land Development Code. The minor change or refinement shall be compatible with adjacent land uses, and shall not create detrimental impacts to abutting land uses, water management facilities, and Preserve Areas within, or external to the PUD boundaries. The following shall be considered minor changes or refinements, subject to the limitations of Subsection 7.3.C. 1) of this document: Reconfiguration of Preserve Areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review and permitting. There may be no overall decrease in Preserve Area. Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County. c. Reconfiguration of golf course envelopes and design features. d. Internal realignment of rights-of-way. e. Modification of the County road access locations in a manner consistent with the Collier County Access Management Plan. f. Reconfiguration o~ residential parcels when there is no proposed encroachment into Preserve Areas. Minor changes and refinements, as described above, shall be reviewed by appropriate County staff to ensure compliance with all applicable County Ordinances and regulations prior to the Administrator's consideration for approval. Approval by the Administrator of a minor change or refinement may occur independently from and prior to any application for Subdivision or Site Development Plan approval, however, the Administrator, or his designee's approval shall not constitute an authorization, for development or implementation of the minor change or refinement without fa'st obtaining all applicable County permits and approvals. VII-2 7.4 7.5 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION This PUD is subject to the Sunset Provisions of Section 2.7.3.4 of the Land Development Code. Bo An annual PUD monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Land Development Code. TRANSPORTATION The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Ao A gatehouse/limited access facility shall be permitted within the project's main entrance areas, but shall not be located so as to impede traffic flow on Rattlesnake Hammock Road (C.R. 864) or County Road 951, nor shall such facilities be located within the Rattlesnake Hammock Road or County Road 951 Right-Of- Way. Bo Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. Residential dwelling units proposed as either single-family detached or single- family zero lot line units shall be considered as single-family detached dwellings, for purposes of determining road impact fees, in accordance with Ordinance 92- 22, as amended. Do All access points shall be consistent with the Collier County Access Management Policy (Resolution 92-422). ,~ Under the two-lane condition for Rattlesnake Hammock Road, any access point may enjoy full access with respect to ingress and egress turning movements. Both left and right-turn lanes shall be required at all access points. Under the future four-lane condition, the developer shall be responsible for providing turn lanes~ for both eastbound and westbound traffic. If the developer has not installed turn lanes under the two-lane condition, then all costs of providing such turn lanes under the four-lane condition shall be the sole responsibility of the developer. C.R. 951 is presently a four-lane facility. All costs of providing either northbound or southbound turn lanes at all access points shall be the developer's sole responsibility. This requirement shall extend to any modifications of existing facilities that may become necessitated by the developer's project. Go The applicant shall contribute a fair share toward the cost of traffic signals at the project entrance, or at any other intersection significantly impacted by the VII-3 applicant's project, within the Radius of Development Influence of the project on both Rattlesnake Hammock Road and C.R. 951, if and when deemed warrb, nted by the County. Such traffic signals shall be owned, operated and maintained by the County. Compensating right-of-way for turn lanes and median areas shall be dedicated by the applicant to reimburse the County for the use of existing right-of-way prior to the issuance of the first "permanent" Certificate of Occupancy. Such dedication shall be considered site related, and there shall be no road impact fee credit to the applicant. The applicant shall provide a strip of land at least 25 feet in width along the entire length of the Rattlesnake Hammock Road right-of-way for future four-laning of Rattlesnake Hammock Road. In exchange for providing this additional right-of- way, the applicant shall be eligible for road impact fee credits in accordance with the provisions of Ordinance 92-22, as amended. The future right-of-way shall be made available to the County either upon presentation of the plat for recording, or within 120 days notice to the applicant by the County of the County's need for the land, whichever occurs earlier. Road impact fee credits shall be subject to a Developer Contribution Agreement approved by the Board of County Commissioners, and shall be available to the developer upon change in title ownership of the subject contribution. The applicant shall be responsible for the installation of arterial level lighting at all project entrances prior to issuance of the first "permanent" Certificate of Occupancy. All required improvements, excluding right-of-way donations for roadway segments specifically mentioned in the County's Five-Ten Year Work Plan, shall be considered "site related" as defined in Ordinance 92-22, as amended, the Collier County Road Impact ~Fee Ordinance, and shall not be eligible for credit toward any road impact fees required by that Ordinance. Project entrances shall be designed to preclude the backing up of entering vehicles onto adjacent public roadways. If access is to be controlled by means of a gatehouse or card-controlled gate, the gate or gatehouse shall be designed, located and operated so not to permit such vehicular backup. A minimum throat length for vehicle stacking shall be 75 feet. Where expected Peak Hour traffic volumes are equal to or greater than 30 vehicles, the minimum throat length shall be 100 feet. Portions of the subject property located along CR 951 that. are subject to the provisions of Resolution 2002-311 must be developed in compliance with Resolution 2002-311, which may require right-of-way along CR 951 to be reserved from the subject property to allow for widening of that road right-of-way or other "alternative commitments" as defined in Resolution 2002-311. All such VII-4 7.6 reserved fight-of-way or alternative commitments will be compensated under the provisions of Resolution 2002-311. WATER MANAGEMENT The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Detailed paving, grading and site drainage plans shall be submitted to Engineering Review Services for review and approval. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the approved plans is granted by Project Review Services. An excavation permit will be required for the proposed lakes in accordance with the Collier County Land Development Code and South Florida Water Management District Rules. Co The development project area shall be designed to consider regional Stormwater flows and include the passage of offsite flows from the north to the south through the western portion of the property in a manner consistent with project development plans. Do The Developer shall grant the necessary drainage easements outside the Naples Lakes Surface Water Management System, and within western portions of the project to Collier County to provide adequate regional Stormwater management flowways and facilities. The easement shall be granted after the Naples Lakes Country Club has received permits from the State and Federal agencies, and within 90 days of receipt of the drainage easement documents from Collier County. The easement rights shall be subject to, and consistent with the Developer's development plans, including Developer's wetland mitigation plans. The Developer shall be responsible for providing, in a manner consistent Developer's project development plans, adequate facilities and/or flowways necessary to pass through the project boundaries, the storm water which currently flows towards the Naples Lakes property. Design of the improvements shall be closely coordinated with the County Stormwater Management Department to endeavor to maintain uniformity with the County's Lely Area Stormw'ater Improvement project, currently under design. 1) The offsite flow rate will be calculated by the Developer's engineer, and accepted by the South Florida Water Management District (SFWMD), based on existing permitted projects upstream. If Collier County. disagrees with the offsite flow estimate, the County shall provide supporting documentation to the Developer's engineer and the SFWMD. 2) Such facilities may include, but are not limited to: VII-5 a. Regarding of the Naples Lakes western easement area to reestablish historic sheetflow along such portion of the property. b. Excavation of small ponds in the flowway for additional storage area. Construction of a control structure to detain a portion of the offsite flows. Design of such a control structure shall be by the Developer's engineers. The control structure will be maintained by Collier County, and the Developer shall not have liability for impacts to properties upstream due to the County's control of the structure's control elevation. Collier County agrees to maintain the control structure in a manner as described in these Stormwater conditions. 3) Collier County acknowledges that the Developer's commitment to construct facilities to control offsite runoff may be precluded by the inability to timely obtain the issuance of necessary permits. The Developer's failure to timely obtain such permits that include the offsite Stormwater runoff facilities will not be considered a breach of these stipulations. In such an event, the Developer agrees to provide the necessary drainage easements (subject to, and consistent with Developer's use of the easement areas a described above), at a later date, if Collier County obtains construction permits for the facilities as part of the regional drainage basin improvements. In the event a water level control structure in the flowway and/or improvements to the capacity of the Stormwater conveyance system along Rattlesnake Hammock Road to regulate or improve offsite Stormwater flows is required by SFWMD as part of the Naples Lakes project permitting, the County shall reimburse the Developer for the cost of such control structur~ and/or improvements to the Stormwater conveyance system along Rattlesnake Hammock Road (less the Developer's proportionate share of such cost) as soon as reasonably possible, and not later than the time an area wide funding mechanism is established for Stormwater improvements. Also, at the time of such reimbursement, the County shall reimburse the Developer for the cost of excavating a flowway (excluding the cost related solely to aesthetics) along the western portion of the property. The Developer's proportionate share is calculated based upon the Naples Lakes development discharge divided by the total regional discharge. If any of the regional Stormwater improvements cause additional wetland impacts which must be mitigated in the Naples Lakes permit, the County will pay the Developer for the cost of such mitigation. A South Florida Water Management District Surface Water Management Permit will be required for this project prior to the start of any construction. vii-6 7.7 UTILITIES The development of this PUD Master Development Plan shall be subject to and governed by the following conditions: Water distribution and sewage collection and transmission facilities to serve the project are to be designed, constructed, conveyed, owned, and maintained in accordance with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities will be considered to be customers of the County, and will be billed by the County in accordance with the County's established rates. Temporary construction and/or sales trailers may use septic tanks or holding tanks for waste disposal, subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. Golf course rest stations and maintenance buildings may be permitted to use septic tanks or holding tanks for waste disposal, subject to permitting under F.A.C. 10D-6, and may use potable or irrigation wells. The on-site water distribution system serving the project must be connected to the Collier County Water-Sewer District's water main available and adjacent to the project boundaries consistent with the main size and the requirements specified in the project's Utility Master Plan, and extended throughout the project. During the design of these facilities, dead-end mains shall be minimized by looping the internal pipeline network, where feasible. The County recognizes there are environmental constraints that may prevent looping. Fo The project's developer, his agsigns, or successors may negotiate an agreement with the Collier County Water-Sewer District for the use of treated effluent within the project for irrigation purposes for the golf course and/or common area. The developer shall be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project, and shall negotiate with the County to provide full or partial on-site storage facilities, as required'by the Florida Department of Environmental Protection ("FDEP") consistent with the volume of treated wastewater to be utilized. 7.8 ENVIRONMENTAL The development of this PUD Master Development Plan shall be ,subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by VII-7 7.9 Ce Eo Current Planning Environmental Review Staff. Removal of exotic vegetation alone shall not be the sole component of mitigation for impacts to Collier C6unty jurisdictional wetlands. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans, and shall be recorded on the plat with protective covenants per, or similar to, Section 704.06, Florida Statutes. Buffers shall be provided around wetlands, where possible, extending at least fifteen (15) feet landward from the edge of the wetland preserves in all places, and average twenty-five (25) feet from the landward edge of wetlands. Where natural buffers are not provided, structural buffers shall be provided in accordance with the State of Florida Environmental Resource Permit Rules, and be subject to review and approval by Current Planning Environmental Review Staff. The petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USF&WS) and the Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to "listed species". Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to current Planning Environmental Review Staff for review and approval prior to Final Site Plan/Construction Plan approval. ACCESSRY STRUCTURES Accessory structures may be constructed simultaneously with, or following the construction of the principal structure, except for a construction site office and model center. 7.10 SIGNS All signs shall be in accordance with Division 2.5 of Collier County's Land Developm. ent Code in effect at the time of Site Development Plan approval, with the following exceptions: ho Project Identification Signs - Two ground, wall, or gate project identification signs may be located at each entrance to the development, and two project identification signs may be located on Rattlesnake Hammock Road (C.R. 864) and County Road 951, all subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia, or motto of the development, and shall not contain promotional or sales material. VII-8 7.11 Bo 2) Project identification signs shall not exceed sixty (60) square feet, excluding mounting surfaces or structures. Where signage is affixed or an integral part of a wall or fence, the face of the sign may protrude above the upper edge of the wall or fence, but remain subject to height restrictions. 3) No project identification signs shall exceed the height of 10 feet above the finished ground level of the sign site. 4) Project identification signs may be lighted, provided all lights are shielded in a manner which prevents glare on adjacent roadways, or into adjacent residences. Project Promotion Signs - Two ground or wall signs may be located on the project's frontage on Rattlesnake Hammock Road (C.R. 864), and two ground or wall signs may be located on the project's frontage on C.R. 951 for the purpose of promoting the development or any major use within the development, subject to the following requirements: 1) Any promotional signs shall not exceed 100 square feet, excluding mounting surfaces or structures. 2) No promotional sign shall exceed a height of 10 feet above the average finished ground level of the site. 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct glare on adjacent roadways, or into adjacent residences. Commercial/office signage shall be permitted in addition the aforementioned signage, and shall conform with the provisions of Division 2.5 of the Land Development Code, and where applicable, to the signage provisions of Division 2.8 of the Land Development ~ode. LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffer, berms, fences and walls are generally permitted as a principal use throughout the Naples Lakes Country Club PUD, except in Preserve Areas. .The following standards shall apply: Section 2.4. of the LDC establishes criteria for landscape berms. The following deviations from Section 2.4 of the LDC landscape berm standards shall be permitted (refer to Table m): Maximum side slopes: 1) Grassed berms 3:1 2) Ground covered berms 2:1 3) Rip-Rap berms 1:1 4) Structural walled berms may be vertical VH-9 7.12 7.13 7.14 Fence or wail maximum height: 9 feet, as measured from the finished grade of the ground at the base of the fence or wall. For the purpose of this provision, finished grade shail be considered no greater than 18 inches above the crown elevation of the nearest existing road, unless the fence or wall is constructed on a perimeter landscape berm. In these cases, the fence or wall shail not exceed 6 feet in height from the top of berm elevation with an average side slope of greater than 4: (i.e. 3:1, 2:1, 1:1, or verticai). Co Section 2.4 of the LDC requires that where sidewalks, pathways, etc. are located within required landscape buffers, the landscape buffer shail be widened to compensate for the encroachment. A deviation from this requirement is approved to permit pedestrian sidewalks, golf cart paths, bike paths, equestrian riding trails, water management facilities and structures may be allowed in landscape buffer areas, without compensating landscape buffer width (refer to Table liD. LANDSCAPING FOR OFF-STREET PARKING AREAS Except where provided for elsewhere in this document, all landscaping for off-street parking areas shail be in accordance with Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An Agreement between the developer and the Supervisor of Elections for the provision of polling places shail be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including homeowners' associations. DISCLOSURE The Naples Lakes Country Club Master Homeowner's Association Documents shall disclose the existence of a private airstrip to the west of the project, and that residents of the development should anticipate to periodically see and hear private air traffic. VII- 10 TABLE IH DEVIATION LIST (per LDC Section 2.7.3.1.2.2.2) 1) Deviation from LDC Section 2.4.4.18. for side slopes: that requires Grassed berm 4:1 that requires Ground cover 3:1 that does not provide for Rip Rap that does not provide for vertical structural walled berms to allow: 3:1 to allow: 2:1 to allow: 1:1 Rip Rap to allow: vertical structural walled berms 2) Deviation from LDC Section 2.4.7.3.4. to eliminate the requirement for a commensurate increase in buffer width to offset impervious uses such as sidewalks within a buffer throughout the project. The deviations requested are consistent with the GMP and otherwise further the intent of the PUD district and are approved because this project design was included as part of the original PUD document, and the project, to a great extent, has already been developed prior to imposition of the above-stated, more stringent requirements.. Changing the PUD document now to require compliance with these standards would render a portion of the developed PUD non-conforming. The approved deviations will not have a detrimental effect on the health, safety and welfare of the community (LDC § 2.7.3.1.3). VII- 11 NAPLES LAKES COUNTRY CLUB STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003-33 Which was adopted by the Board of County Commissioners on the 24th day of June, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of June, 2003. DWIGHT E. BROCK Clerk of Courts~.ar~Cterk County Comm±.s~ohers'~'~