Loading...
Ordinance 2003-68ORDINANCE OF ,LIER COUNTY, ORDINANCE NO. 03- 68 THE BOARD OF COUNTY COMMISSIONERS O1~.:~ FLORIDA, AMENDING THE COLLIER CQUNTY , ND DEVELOPMENT CODE (ORDINANCE NUMBER 91-1 ,~._~ 'AS VlENDED) WHICH INCLUDES THE COMPREHENSIVE Z N!NG'- REGULATIONS FOR TttE UNINCORPORATED AREA OF C~LLtERC-:' COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLA~ NUMBERED 9503N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RURAL AGRICULTURAL TO "PUD" PLANNED UNIT DEVELOPMENT (PUD) FOR A DEVELOPMENT KNOWN AS THE LEMURIA PUD LOCATED ON THE EAST SIDE OF GOODLETTE-FRANK ROAD; (C.R. 851) NORTH OF ORANGE BLOSSOM DRIVE; SOUTH OF VANDERBILT BEACH ROAD (C.R. 862), AND ADJACENT TO AND SOUTH OF THE COLLIER COUNTX~ CARICA ROAD WATER STORAGE AND PUMP STATION IN SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 24.21 ACRES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Vincent A. Cautero, AICP, of Coastal Engineering Consultants, Inc., representing Gates McVey - Knopke LLC, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property. NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida, that: SECTION ONE: The zoning classification of the herein described real property located in Section 3, Township 49 South, Range 25 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Lemuria PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Map numbered 9503N, as described in the Collier County Land Development Code (Ordinance 91-102, as amended), is hereby amended accordingly. SECTION TWO: 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 I (,,.4~ day of t~)eee, Dq_~e_~' , 2003. BOARD OF COUNTY COMMISSIONERS COLLIER CO~TY, F~TA ~ c~ "'~t~ ....... ]~e%' ,,0 %is o~inance filed w{~ ~d' Va~ick ~. ~ Assistant County Attorney PUDZ-2003-AR-3665/FR/Io LEMURIA A RESIDENTIAL PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING LEMURIA, A RESIDENTIAL PLANNED UNIT DEVELOPMENT PURSLTatNT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Gates McVey-Knopke, LLC PREPARED BY: Coastal Engineering Consultants, Inc. 3106 South Horseshoe Drive Naples, Florida 34104 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL Zoos G:\Current~Reischl\PUDkLemuria FKA Bella LagokPUD Doc 12-11-03 clean.doc 1 TABLE OF CONTENTS .Page Lis, o~'Exhibits ............................................................................... 3 Statement of Compliance ................................................................. 4 Secti,~n I Section II Section III Section IV Section V Section VI Property Ownership and Description ........................... 5 Project Development Requirements ............................. 7 Residential Areas Plan ................................................ 16 Recreation/Open Space .............................................. 20 Conservation Areas .................................................... 21 General Development Commitments ......................... 22 G:\Current~ReischlLPUD\Lemuria FKA Bella LagoLPUD Doc 12-11-03 clean.doc 2 LIST OF EXHIBITS EXHIBIT A EXHIBIT B Legal Description Master Plan G: .CurrentLReischl',~PUDX, Lemuria FKA Bella Lago~UD Doc 12-11-03 clean.doc 3 STATEMENT OF COMPLIANCE The development of approximately 24.21 acres of property in Collier County, as a residential Planned Unit Development to be known as the Lemuria PUD shall be in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan (GMP). The residential, conservation, and recreational facilities of the Lemuria PUD will be consistent with the growth policies, lan~l development regulations and ~pplicable comprehensive planning objectives of each of th~: elements of the GMP for the hqlowing reasons: The subject property is ,, il'.,in the Urban Mixed Use District, Urban Residential Subdistrict Land Use Des'gnation as identified on the Future Land Use Map as required in Objective 1, Policies 5.1, 5.3, 5.4, 5.5, and 5.6 of the Future Land Use Element (FLUE). The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the FLUE. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the FLUE. 4. Improvements are planned to be in compliance with land development regulations as set forth in Objective 3 of the FLUE. 5. The project development will result in an efficient and economical extension of community facilities and services. o The project development is planned to incorporate natural systems for water management in accordance with their natural functions and capabilities as may be required in forth coming regulations required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. The projected density of 2.97 dwelling units per acre is in compliance with the FLUE of the Growth Management Plan based on the following relationships to required criteria: Base density Density Band Activity Center Traffic Congestion Area 4.0 dwelling units per acre 0.0 dwelling units per acre 0.0 dwelling units per acre z.l.0 dwelling units per acre Total Allowed 3.0 dwelling units per acre All final local development orders for this project are subject to Division 3.15 of the LDC. G:\Currenth~,eischlLPUDXLemuria FKA Bella Lago~PUD Doc 12-11-03 clean.doc 4 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 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 nar~ ,e of the Lemuria PUD. 1.2 .LEGAL DESCRIPTION The subject property being 2c..21 acres, is described in Exhibit A, Legal Description. 1.3 PROPERTY OWNERSHIP AND UNIFIED CONTROl, Bo Co The subject property is currently under the ownership of Gates McVey-Knopke, LLC. mo Gates McVey-Knopke, LLC, for the purpose of development within the PUD district, will control the property described herein. All development will be performed in accordance with: 1. The PUD Master Plan of development officially adopted for the district; 2. Regulations and development standards as set forth in the PUD document and PUD Master Plan; 3. Such other conditions or modifications as may be attached to the rezoning of land to the PUD classification; and 4. The Collier County GMP. Written agreements, contracts, deed restrictions, and sureties shall be provided to the County that are necessary for the completion of the development in accordance with the PUD Master Plan as well as for the continuing operation and maintenance of such areas, functions, and facilities that are not to be provided, operated or maintained at general public expense. All successors in interest are bound by the commitments made under this PUD. G:'Current~R. eischlLPUD,Lemuria FKA Bella LagoLPUD Doc 12-11-03 clean.doc 5 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in Section 3, Township 49 South, Range 25 East. The project is located on the east side of Goodlette-Frank Road approximately 1,000 feet south of Vanderbilt Beach Road. B. The zoning classification of the subject property prior to the date of this approved PUD Document was A (Rural Agriculture). 1.5 PHYSICAL DESCRIPTION The project site is located within th~ F~ne Ridge Canal Basin and stormwater drainage flows north to the Cocohai.'hee River. Water management for the proposed project is planned to be of the lake detention type. The application for development approval includes a detailed analysis of the intended water management plan. Elevations within the project site range from 9.0 to 10.0 feet above mean sea level. Further, the seasonal high water table is approximately 6 to 18 inches below the surface of the ground. The entire site is in Flood Zone X based on FEMA Firm Panel 120067 0381E dated August 3, 1992. The soils on this site are primarily Immokalee fine sand. These soils are typical of the nearly level pine flatwoods that occur. Other soils include Basinger fine sand and Boca, Riviera, limestone substratum, and Copeland fine sands, depressional. These soils, consistent with sloughs and depressions, edge the property in the northeast and southeast comers of the site. The surrounding areas that contained these wet soils have been altered by development. Only the far northern portion of the site remains undeveloped. Still, a bit farther north, the construction of Vanderbilt Beach Road, which runs east to west, has altered historical drainage into the undisturbed depressional soils to the north and the slough soils to the east and south of the project location. A soils map is included in the environmental impact statement. 1.6 PROJECT DESCRIPTION The project will consist of the following uses: Residential, conservation, recreation and open space, a lake, and infrastructure. 1.7 SHORT TITLE This Ordinance shall be known and cited as the "Lemuria Residential Planned Unit Development Ordinance." G:\CurrentLReischlXPLrD~Lemuria FKA Bella Lago~PUD Doc 12-11-03 clean.doc 6 2.1 SECTION II PROJECT DEVELOPMENT REQUIREMENTS PURPOSE 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 project, as well as other project relationships. 2.2 GENERAL A. Regulations for development of the Lemuri,:. 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 (LDC) and GMP in effect at the tih:,~ of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County LDC shall apply. B. The definitions of all terms in this PUD document have the same meaning as the definitions set forth in Collier County LDC. Co Do All conditions imposed and all graphic material presented depicting restrictions for the development of the Lemuria PUD shall become pan of the regulations that govern the manner in which the PUD site may be developed. Unless approved as a deviation in this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 for adequate public facilities at the earliest or next to occur of either final site development plan approval, final plat approval, or building permit issuance applicable to this development. Fo The Lemuria PUD will be developed as a residential community featuring two family and multifamily residential buildings and a clubhouse providing for activities such as community gatherings, recreational amenities, and personal services, central to community residents. G:x, CurrentXReischlLPUDX, Lemuria FKA Bella LagoLPUD Doc 12-11-03 clean.doc 7 Go The PUD Master Plan is illustrated graphically as Exhibit B. A Land Use Summary indicating approximate land use acreages is shown on the plan. The location, size and configuration of the individual recreational areas, water management features and development tracts shall be determined at the time of final site development plan approval with minor adjustments at the time of final plan approval, in accordance with Sections 3.2.7 and 3.3 of the LDC. The Lemuria PUD is compatible with and complementary to existing and future surrounding land uses and is considered to be cons~stcnt with Policy 5.4 of the FLUE. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The layout of streets and use of land for the va, ious tracts is illustrated graphically by Exhibit B, PUD Master Plan. There shall be four land use tracts, plus necessary water management lakes, street rights-of-way, the general configuration of which is also illustrated by Exhibit B. TRACT A TRACTS B-1, B-2, B-3 TRACTS C-l, C-2 TRACTS D-l, D-2 TYPE UNITS/SQ. Residential 72 FT ACREAGE 6.27 ACRES Conservation -Wetlands N/A 0.39 ACRES -Uplands N/A 5.18 ACRES Infrastructure -Roadway N/A -FPL/City of Naples Utility N/A Recreation/Open Space N/A 2.77 ACRES 2.07 ACRES 7.53 ACRES 24.21 ACRES Bo Areas illustrated as lakes by Exhibit B shall be constructed as lakes 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 B. Minor modification to all tracts, lakes or other boundary may be permitted at the time of preliminary subdivision plat, plat or site development plan approval, subject to the provisions of Sections 3.2.6 and 2.7.3.5 respectively, of the Collier County LDC or as otherwise permitted by this PUD document. G:\Current~eischlLPUDXLemuria FKA Bella LagoLPUD Doc 12-11-03 clean.doc 8 C. In addition to the various areas and specific items shown in Exhibit B, such easements as necessary (utility, private, semi-public, etc.) shall be established within or along the various tracts as may be necessary. 2.4 COMPLIANCE WITH COUNTY ORDINANCES A maximum of 72 residential dwelling units, may be constructed in the total project area. A · Regulations for development of the Lemuria PUD shall be in accordance with l h~ contents of this PUD Ordinance and applicable section.~ cf the LDC (to the · ~xLent they are not inconsistent with this PUD Ordinance) :tnd the GMP which a-e in effect at the time of issuance of any development mders to which said regulations relate which authorize the construction of improvements such as, but not limited to, final subdivision plat, final site developm,.:,t plan, excavation p~rmit, and preliminary work authorization. Where this PUD Ordinance does not provide developmental standards, then the provisions of the specific section of the LDC that is otherwise applicable shall apply. Where specific standards are specified in this PUD, these standards shall prevail over those in the LDC. Unless otherwise defined herein, or as necessarily implied by context, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of development order application. Co Unless modified, waived or excepted by this PUD, or by subsequent request, the provisions of all other sections of the LDC remain in effect with respect to the development of the land which comprises this PUD. Do All conditions imposed herein, or as represented on the Lemuria Master Plan, are part of the regulations which govern the manner in which the land may be developed. mo Division 3.3 of the LDC shall apply to the Lemuria PUD, except where a deviation is set forth herein or otherwise granted pursuant to Section 3.3.4. of the LDC. 2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS A. Prior to the recording of a record plat, and/or condominium 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 Master Plan, the Collier County subdivision code and the platting laws of the State of Florida. B. Exhibit B, PUD Master Plan constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a preliminary subdivision plat, if applicable, shall be submitted for the entire area covered by the PUD Master G:\Cun:entLReischlLPUD\Lemuria FKA Bella Lago~PUD Doc 12-I 1-03 clean.doc 9 Plan. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County LDC, and the platting laws of the State of Florida. Co The provisions of Division 3.3 of the Collier County LDC, 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. Do The development of any tract or parcel approved for residential develep~nent contemplating i;ee simple ownership of land for each dwelling unit s;aa!l be required to s;~bmit and receive approval of a preliminary subdivision r~lat in conformance ~:ith requirements of Division 3.2 of the Collier County LDC prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. Bo Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. 2.6 MODEL HOMES AND SALES FACILITIES Model homes/model home centers including a sales center shall be permitted in conjunction with the promotion of the development subject to the following: One "wet" and one "dry" model may be constructed following SDP approval or administrative plat approval, prior to recording of a plat Project owner must apply for all models. Bo The models permitted as "dry models" must obtain a conditional certificate of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. The "wet" model may be served by a temporary utility system with ultimate connection to the central system. Interior fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available. A water management plan must be provided which accommodates the runoff from the model home, parking, access road/driveway and other impervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. D. All other regulations pertaining to model homes shall be consistent with Section 2.6.33.4 of the LDC. G:\CurrentLReischlkPUDkLemuria FKA Bella LagokPUD Doc 12-11-03 clean.doc 10 2.7 AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in Section 2.7.3.5. of the Collier County LDC. Minor changes and refinements as described herein may be approved by the Director of Zoning and Land Development Review, pursuant to Section 2.7.3.5.6 of the LDC in connection with any type of development or permit application required by the LDC. 2.8 COMMON AREA MAINTENANCE 2.9 Common area mainte~arce will be provided by a property owners' associatio... The Developer will cx,ate a property owners' association or associations, whose functions shall include provision for the perpetual maintenance of common facilities and open spaces. The property owners' association shall be responsible for the operation, m,,intenance, and management of the surface water ant, stormwater management systems and reserves serving the Lemuria PUD with any applicable permits from the South Florida Water Management District. ROADS 2.10 Roads within the Lemuria PUD may be privately owned and maintained. Standards for roads shall be in compliance with the applicable provisions of the LDC regulating subdivisions, unless otherwise modified, waived or excepted by this PUD or approved during preliminary subdivision plat approval or site development plan approval. The developer reserves the right to request substitutions to Code design standards in accordance with Section 3.2.7.2 of the LDC. The developer retains the right to establish gates, guardhouses, and other access controls as may be deemed appropriate by the developer on all internal and privately owned and maintained project roadways. LAKE SETBACK AND EXCAVATION The lake setback requirements described in sectiOn 3.5.7.1 of the LDC may be reduced with the administrative approval of the Collier County Zoning and Land Development Review Director. All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1 and subject to permit approval of the South Florida Water Management District. Removal of fill and rock from the Lemuria PUD shall be administratively permitted to an amount up to 10 percent per lake (20,000 cubic yards maximum), unless issued a commercial excavation permit. G:\CurrentLReischl'PUD\Lemuria FICA Bella Lago~PUD Doc 12-11-03 clean.doc 11 2.11 USE OF RIGHTS-OF-WAY Utilization of lands within all project rights-of-way for landscaping, decorative entranceways, and signage shall be allowed subject to review and administrative approval by the Collier County Engineering Services Director for engineering and safety considerations during the development review process and prior to any installations. 2.12 LANDSCAPE BUFFERS~ BE~MS~ FENCES~ AND WALLS Landscape buffers, berms, fence. 3 ':nd walls are generally permitted as a principal use throughout the Lemuria PUL. The following standards shall apply: A. Landscape berms shall have the following maximum side slopes: Grassed berms 4:1 Ground covered berms Perimeter 3:1 Internal to project 3:1 Structural walled berms - vertical Fence or wall maximum height: Six feet (6'), as measured from the finished floor elevation of the nearest residential structure within the development. If the fence or wall is constructed on a landscaped berm, the wall shall not exceed six feet (6') in height from the top of berm elevation. Co Landscape buffers, berms, fences and walls may be constructed within the landscape buffer tract along the perimeter of the Lemuria PUD boundary prior to preliminary subdivision plat and site development plan submittal. Do Fences and walls which are an integral part of security and access control structures, such as gatehouses and control gates~ shall be subject to the height limitations for principal residential structures. Any clearing or alteration in Conservation Tract B-I, B-2, or B-3 shall be in accordance with the regulations in Section V and in accordance with preserve requirements in the GMP and LDC. Eo Pedestrian sidewalks and/or bike paths, water management systems, drainage structures, and utilities may be allowed in landscape buffers. Where such structures or features are located in the required landscape buffer, the landscape buffer shall be increased in width equal to the encroachment in that location. G:\CurrentLReischl~PUD~Lemuria FKA Bella Lago~PUD Doc 12-11-03 clean.doc 12 2.13 FILL STORAGE Fill storage is generally permitted as a temporary (not to exceed 180 calendar days) principal use throughout the Lemufia PUD. Prior to stockpiling, the developer shall receive approval by the County Community Development and Environmental Services Administrator. 2.14 DESIGN GUIDELINES AND STANDARDS The Collier County Planned Unit O,;,relopment District is intended to encourage ingenuity, innovation and imaginatic.: :n the planning, design and development or redevelopment of relatively large tracts of land under unified ownership or control, as set forth in the LDC, Section 2.2.20.1. 2.15 GENERAL PERMITTED USES Certain uses shall be considered general permitted uses throughout the Lemuria PUD except in the Preserve/Open Space Area. General permitted uses are those uses which generally serve the developer and residents of Lemuria PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: 1. Essential services as set forth under Section 2.6.9.1. of the LDC. 2. Water management facilities and related structures. 3. Lakes, including lakes with bulkheads or other architectural or structural bank treatments. 4. Piers with cabanas and cupolas 5. Guardhouses,.gatehouses, and access control structures. 6. Community and neighborhood parks, recreational facilities. Sidewalks, with or without cupolas and benches. Temporary construction, sales, and administrative offices for the developer and developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, berms, fences and walls subject to the standards set forth in Section 2.9 of this PUD. 9. Fill storage subject to the standards set forth in Section 2.10 of this PUD. GSCurrentLReischlLPUD',Lemuria FKA Bella LagoXPUD Doc 12-11-03 clean, doc 13 2.16 2.17 2.18 2.19 Bo Development Standards: Development standards are noted in Table 1. OPEN SPACE REQUIREMENTS The Collier LDC requires that residential projects maintain open space at a minimum of 60 percent of the project are~. The PUD Master Plan identifies preserves, lakes, recreation tracts, and buff.-,'s as open spaces. These areas, in conjunction with open space areas included ~vithin the l~esidential District, will satisfy the 60% open space requirements of Section 2.6.32 of the LDC for residential developments. NATIVE VEGETATION RETENTION REQUIREMENTS Pursuant to Policy 6.1.1 o£ the Conservation and Coastal Management Element of the Collier County GMP, a minimum of 25 percent of the existing native vegetation on site shall be retained, which equates to 5.49 acres of native vegetation to be preserved. SIGNAGE All signs will be in accordance with Division 2.5 of the Collier County Land Development Code in effect at time o£their permitting. SIDEWALKS/BIKEPATHS A. Pursuant to Section 3.2.8.3.17 of the LDC and Section 2.9 of the Lemuria PUD, sidewalks/bikepaths shall be permitted as follows: 1. An internal pedestrian walkway system is permitted within drainage easements. 2. Sidewalks may be located outside platted rights-of-way, when located within a separate sidewalk easement. 3'. Sidewalks may be located within landscape buffers and/or easements; however, the landscape buffer shall be increased in width by an amount equal to the encroachment, at the point of encroachment. G:\CurrentXReischlXPUD~Lemuria FKA Bella Lago~PUD Doc 12-11-03 clean.doc 14 2.20 DEVIATIONS TO SUBDIVISION DESIGN STANDARDS Roadways within the Lemuria PUD shall be designed and constructed in accordance with Section 3.2.8 of the LDC with the following deviations: 3.2.8.4.16 - Streets and access improvements 1. Section 3.2.8.4.16.5, Street Right-of-~ ~ / Width If rights-of-way are platted, the minimun right-of-way width shall be reduced from sixty (60) feet to.forty (40) feet. 2. Section 3.2.8.4.16.8, Intersection Radii Intersection radii: Street intersections shall be provided with a minimum of a twenty (20) foot radius (face of curb), reduced from the required twenty five (25) feet for all internal project streets and a thirty-five (35) foot radius reduced from the required forty (40) feet for intersections at project entrances. 3. Section 3.2.8.4.16.10, Reverse Curves Reverse Curves: Tangents shall not be required between reverse curves on any project streets a reduction from the required 50 feet. 2.21 DENSITY mo Acreage of the Lemuria PUD is approximately 24.21+/- acres and the number of dwelling units authorized to be built pursuant to this PUD is a maximum of 72 units. The gross project density will be a maximum of 2.97 units per acre. G:\CurrentLReischl~PUDX,Lemuria FKA Bella LagoXPUD Doc 12-11-03 clean.doc 15 SECTION III RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for areas within the Lemuria PUD designated on the Master Plan as Tract A, Residex,tial. 3.2 MAXI~t'M DWELLING UNITS The dev.,lopment shall include a maximum of 72 dwelling urns. Residential development shall be limited to cleared and upland areas. 3.3 GENER~,L DESCRIPTION Areas designated as Tract A, Residential on the Master Plan are designed to accommodate residential uses as described by Section 2.13, a full range of recreational facilities, essential services, and customary accessory uses. The approximate acreage of the area designated for residential development is indicated on Exhibit B, PUD Master Plan. This acreage is based on conceptual designs and is approximate. Actual acreages of all development tracts will be provided at the time of site development plan in accordance with Division 3.3 of the LDC. Residential tracts are designed to accommodate internal roadways, open spaces, and other similar uses found in residential areas. 3.4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: 1. Two family and multifamily Residential dwelling units. 2. Model homes and model home centers, including offices for project administration, construction, sales and marketing. 3. Recreational facilities such as parks, playgrounds, and pedestrian/bikeways. G:\CurrentLReischlXPUD\Lemuria FKA Bella LagoXPUD Doc 12-11-03 clean.doc 16 B. Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses permitted in this PUD, including swimming pools, spas and screen enclosures, recreational facilities designed to serve the development, and essential services. Any other use, which is comparable in nature with the foregoing uses, consistent with the accessory uses of this PUD as ('~etermined by the Board of Zoning Appeals. 3.5 DEVELOPMENT STANDARDS Table 1 sets forth the development standards for land uses within the Lemuria PUD residential area. Site development standards for dwelling units apply to individual residential lot boundaries. Standards for parking, landscaping, signs, and other land uses where such standards are not specified herein, are to be in accordance with the LDC in effect at the time of site development plan approval. Unless otherwise indicated, required yard, height, and floor area standards apply to principal structures. Do Development standards for uses not specifically set forth in Table 1 shall be in accordance with those standards of the zoning district which permits development that is most similar to the proposed use. During the site development plan review process, the developer shall identify the specific housing type intended for each tract. Fo Residential dwellings shall be constructed in a similar architectural style and of similar building materials. Go Off-street parking and loading requirements shall be consistent with Division 2..3 of the Collier County LDC at the time of building permit application. G:\CurrentLReischl\PUD\Lemuria FKA Bella LagoXPUD Doc 12-11-03 clean.doc 17 TABLE 1 Lemuria PUD DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS Two Family Multi-Family Minimum Lot Area 3,500 SF N/A Minimum Lot Width *4 35' N/A Front Yard Setback (Principal a-nd Accessory) 23' *3, 9, 10 23; *9, 10 Front Yard for Side Entry Garag ~ 12' ?~.' A Rear Yard Setback (Principal) 10' I '~,' Rear Yard Setback (Accessory)*~ 10' 10' Side Yard Setback *8 0' or 7.5' *5,6 15' Maximum Height *2 35' 35' Floor Area Minimum (SF) 1,000 SF 75!J SF Minimum Distance Between Principal Structures 15' *6 15' *6 Setback from PUD Boundary 40' 40' Setback from Preserve Boundary 10' or 25 *7 10' or 25' *7 BH: Building Height SBH: (Sum of Building Heights): Combined height of two adjacent buildings for the purpose of determining setback requirements. Front yards shall be measured as follows: A. If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. See applicable section for actual setbacks. *1 - Setback from lake for all accessory uses and structures may be 0' *2 - Building height shall be the vertical distance measured from the first habitable finished floor elevation to the midpoint of the roofline of the structure. *3 - For units with side entry garage, the garage may be constructed with a 12' front yard setback. *4 - Minimum lot width for cul-de-sac lots shall be consistent with the definitions_established in Division 6.3 of the LDC. *5 - The sum of the side yards shall be a minimum of fifteen (15) feet. Zero lot line units shall provide the minimum 7.5 feet on the opposite side. in no case shall principal structures be less than fifteen (15) feet apart. *6 - Distance between principal structures not inclusive of garages. Distance between garages shah be no less than 10'. *7 - Minimum setbacks for the preserve area will be 25' for principal structures and 10' for accessory uses. *8 - Minimum side yard setback for accessory structures (screened patios, swimming pools, tennis courts and pavilions) shall be zerc five (5) feet. *9 - Setback requirements do not apply to.guard houses, gatehouses, and access control structures. *10 - No residential units shall be closer than 100 feet from the property boundary between the Carica Road Water Storage and Pump Station Facility and the Lemuira PUD. G :\CurrentXReischl~PUD~Lemuria FKA Bella LagoXPUD Doc 12-11-03 clean.doc 18 3.6 RESIDENTIAL SETBACKS AND SUMMARY TABLE FOR RESIDENTIAL AREAS General Application for Setbacks Generally, whenever the word "setback" is used relative to a measurement between the buildings and a lot line and/or perimeter botmdary of a parcel of land upon which buildings are to be corn tructed, it shall have the following application: A. Front Yard Front yard setbacks shah be measured as follows: 1) If the parcel is served by a public or private right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a non-platted, private drive, setback is measured from the back of curb or edge of pavement, whichever is more restrictive. A minimum distance of twenty three feet shall be maintained between a front-loaded garage and the inner edge of the sidewalk. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or property line, whichever is more restrictive. A minimum distance of twenty three feet shall be maintained between a front-loaded garage and the inner edge of the sidewalk. 4) Principal buildings shall be set back a distance sufficient to provide for two back-to-back parking spaces, without encroaching into required sidewalks, one of which may be in an enclosed space, the other of which shall be of sufficient length not to cause an automobile to encroach into a sidewalk (minimum length 23 feet from the front of the garage). 5) When principal buildings front upon a common parking area, which in turn fronts upon a public or private right-of-way or non-platted drive, a minimum distance of ten (10) feet shall separate the principal building and any related parking facility, and a green belt of ten (10) feet shall separate said right-of-way, or other non-platted private drive from the common parking area. G:\CurrentLReischlLPUD'xLemuria FKA Bella LagoXPUD Doc 12-11-03 clean.doc 19 SECTION IV RECREATION/OPEN SPACE 4.1 PURPOSE The purpose of this Section is to identify permitted uses and development standards for the area within the Lemuria PUD designated on the Master Plan as Tracts D-1 and D-2, Recreation/Open Space ~'reas. 4.2 GENERAL DESCRIPTION Areas designated as Tract D, Re',reation/Open Space, on the Master Plan are designed to accommodate passive and active recreation, and water management uses and functions. The approximate acreage of thc Recreation/Open Space Areas is indicated on the Master Plan. Th~ s acreage is based on conceptual designs and is approximate. 4.3 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures 1. Boardwalks, nature trails and preserves, shelters, lakes, cabanas and piers, and sidewalks. 4.4 2. Water management structures. 3. Lakes and water detention/retention areas. 4. Open spaces. 5. Recreational facilities, including clubhouse, pool(s), playground, and tennis courts. DEVELOPMENT STANDARDS A. Minimum Yard Requirements: Not Applicable B. Maximum Height of Structures: 35 feet G:\CurrentkReischlXPUDkLemuria FKA Bella LagokPUD Doc 12-11-03 clean.doc 20 5.1 5.2 SECTION V CONSERVATION AREAS PURPOSE The purpose of the conservation areas, depicted as Tracts B-I, B-2 and B-3, on the PUD Master Plan, is to preserve and protect native vegetation and naturally functioning habitat in their natural state. PERMITTED PRINCIPAL USES AND ST_R'SCTURES No building or structure or part thereof, shall '~e erected, altered or used, or land used, in whole or in pan, for other than the follo~ving, subject to federal, state and county permits when required. 2. 3. 4. o Nature preserves. Water management structures. Boardwalks and shelters. Any other conservation use which is comparable in nature with the foregoing uses and which the Board of Zoning Appeals determines to be compatible in the conservation area. Passive recreational uses such as pervious nature trails or boardwalks are allowed within the preserve areas as long as any clearing required to facilitate their use does not impact the minimum required vegetation, as determined by the Collier County Environmental Services Department. GSCurrentX~.ReischlXPUD\Lemuria FICA Bella LagokPUD Doc 12-11-03 clean.doc 21 SECTION VI GENERAL DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set forth the development commitments for the Lemuria PUD. 6.2 GENERAL All facilities shall be constructed in strict accorda~,:~~ with final site development plans and all applicable State and local laws, code,,, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 of the LDC shall apply to this project. The developer, its successor and assigns, shall be responsible for the commitments outlined in this document. These developer commitments will be enforced through the provisions agreed to and included in the declaration of covenants and restrictions or similar recorded instrument. Such provisions must be enforceable by lot owners against the developer, its successors and assigns, regardless of turnover or not to any property owners' association. The developer, its successor or assignee, shall follow the Master 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, the developer shall convey to any successor or assignee in title any commitments within this Document. 6.3 PUD MASTER DEVELOPMENT PLAN All facilities shall be constructed in accordance with final site development plans and all applicable State and local laws, codes and regulations in effect at the time of approval of the development order to which such regulations apply, except where specifically noted. The PUD Master Plan (Exhibit B) is an illustration of the conceptual development plan. Tracts and boundaries shown on the plan are conceptual and shall not be considered final. Actual tract boundaries shall be determined at the time of site development plan approval. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all utilities. G:\CurrentLReischlkPUDkLemuria FKA Bella LagokPUD Doc 12-11-03 clean.doc 22 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION A. The Lemuria PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUDs. Recreational Facilities Provision: By the time building p~rmits for 50 residential units are issued, the developer agrees to have constructed two (2) tennis courts ::nd a parking area serving the tennis courts. Monitoring Report: An annual PUD monitoring repc-t shall be submitted pursuant to Section 2.7.3.6 of the LDC. The monitoring report shall be accompanied by an affidavit stating that representations contained therein are true and correct. 6.5 ENGINEERING A. Except as noted in Section 2.20, all project development will be consistent with Division 3.2 and 3.3 of the LDC. 6.6 UTILITIES Water distribution, sewage collection, and transmission systems shall be constructed throughout the project by the Developer. Potable water and sanitary sewer facilities constructed within platted rights-of-way or within dedicated County utility easements shall be conveyed to Collier County, pursuant to Collier County Ordinance 01-57 as may be amended, except as may be provided in Section 2.4 of this Document. Upon completion of the utility facilities, they shall be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. C. All customers connecting to the potable water and sanitary sewer system shall be customers of the County Water-Sewer District. D. No septic tanks are permitted within 300 feet of the City of Naples Public Water Supply Well. G:\Current~eischl~PUD\Lemuria FKA Bella LagoXPUD Doc 12-11-03 clean.doc 23 6.7 WATER MANAGEMENT A. A SFWMD surface water management permit shall be obtained prior to approval of a site development plan. B. An excavation permit will be required for the proposed lakes in accordance with Divis on 3.5 of the LDC. All lake dimensions will be approvet' at the time of excaw::ion permit approval. Co The I_ .,maria PUD conceptual surface water management system -3 lescribed in the Sm race Water Management and Utilities Report, which has be :n included in the PUD Rezone application materials. 6.8 ENVIROI~ MENTAL Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves and averaging 25 feet from the landward edge of wetland preserves. Where natural buffers are not possible, structural buffers shall be provided in accordance with State of Florida Environmental Resource Permit Rules and be subject to review and approval by Environmental Services Review Staff. Bo An exotic vegetation removal, monitoring and maintenance plan for the site, with emphasis on the preserve/open space areas, shall be submitted to Environmental Services Review Staff for review and approval prior to final site plan/construction plan approval. Do Eo This PUD shall be consistent with the Environmental sections of the Collier County GMP Conservation and Coastal Management Element and the Collier County LDC at the time of final development order approval. This PUD shall comply with the guidelines and 'recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Fish and Wildlife Conservation Commission (FFWCC) regarding potential impacts to protected species onsite. A Habitat Management Plan for those protected species shall be submitted to Environmental Services Review Staff for review and approval prior to final site plarffconstruction plan approval. 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 convenants per or similar to Section 704.06 of the Florida Statutes. Setbacks and buffers shall be provided in accordance with the LDC. In the event the project does not require platting, conservation easements shall be dedicated to the project homeowners" association or like entity for ownership and G:\CurrentLReischl~PUDXLemuria FKA Bella LagoXPUD Doc 12-11-03 clean.doc 24 maintenance responsibility and to Collier County with no responsibility for maintenance. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules and be subject to review and approval by Environmental Services Review Staff. Removal of exotic vegetation shall not be counted towards mitigation for impacts to Collier County jurisdictional wetlands. A gopher tortois:: elocation/management plan shall be submitted for review e ad approval at the ~ ~rr, e of final construction plan submittal. The approved lanl~ aage shall be added tc the construction plans. Off site relocation may be required if sufficient habitat is not found on site. H. All approved Ag,:ncy (SFWMD, ACOE, FFWCC) permits shall be submitted prior to final plan/construction plan approval. 6.9 TRANSPORTATION All traffic control devices, signs, pavement markings and design criteria shall be in accordance with Florida Department of Transportation (FDOT) Manual of Uniform Minimum Standards (MUMS), current edition, FDOT Design Standards, current edition, and the Manual On Uniform Traffic Control Devices (MUTCD), current edition. All other improvements shall be consistent with and as required by the Collier county LDC. Arterial level street lighting shall be provided at all access points. Access lighting must be in place prior to the issuance of the first certificate of occupancy (CO). Site-related improvements necessary for safe ingress and egress to this project, as determined by Collier County, shall not be eligible for impact fee credits. All required improvements shall be in place and available to the public prior to the issuance of the first CO. D. Road impact fees shall be paid in accordance with Collier County Ordinance 01-13, as amended, and Division 3.15. LDC, as it may be amended. E. All Work within Collier County rights-of-way or public easements shall require a Right-of-way Permit. Fo All proposed median opening locations shall be in accordance with the Collier County Access Management Policy (Resolution 01-247), as it may be amended, and the LDC, as it may be amended. Collier County reserves the right to modify or close any median opening existing at the time of approval of this PUD which is found to be adverse to the health, safety and welfare of the public. Any such G:\CurrentLReischl~PUD~Lemuria FKA Bella Lago~PUD Doc 12-11-03 clean.doc 25 modifications shall be based on, but are not limited to, safety, operational circulation, and roadway capacity. G. Nothing in any development order shall vest a right of access in excess of a right in/right out condition at any access point. Neither will the existence of a point of ingress, a point of egress or a median opening, nor the lack thereof, shall be the basis for any future cause of action for damages against the County by the developer, its successor in title, or assignee. All internal roads, driw ~,'ays, alleys, pathways, sidewalks and interconnections to adjacent developme~ .ts shall be operated and maintained by an entity created by the developer ant: Collier County shall have no responsibility for maintenance of any such facilities. If any required turn lane improvement requires the use of of-way or easement, compensating right-of-way, shall be to Collier County as a consequence of such improvement. existing County right- provided without cost Jo If, in the sole opinion of Collier County, a traffic signal, or other traffic control device, sign or pavement marking improvement within a public right-of-way or easement is determined to be necessary, the cost of such improvement shall be borne by the developer and shall be paid to Collier County before the issuance of the first CO. K. Pedestrian/bicycle facilities shall be provided within and between all residential areas including the multi-family areas. Lo The development will be designed to promote the safe travel of all roadway users including bicyclists, and will provide for the safety of pedestrians crossing said roadways. Pedestrian travel ways will be separated from vehicular traffic in accordance with recognized standards and safe practices, as determined by Collier County Transportation Services Staff. 6.10 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure except for a construction site office and model unit. 6.11 SIGNS All signs shall be in accordance with Division 2.5 of the LDC. G:\CurrentLReischlXPUDXLemuria FKA Bella LagoXPUD Doc 12-11-03 clean.doc 26 6.12 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with Division 2.4 of the Collier County LDC in effect that the time of building permit application. 6.13 POLLING PLACES Pursuant to Section 2.6.30 of the LL'C, provision shall be made for the future use of building space within common me.~s for the purposes of accommodating the function of an electoral polling place. An agreement 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 the interest that acquire ownership of such commons areas including, but not limited to, condominium associations, homeowne rs associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. G:\Current~ReischlXPUDXLemuria FKA Bella LagoXPUD Doc 12-11-03 clean.doc 27 T,RGAL DESCRIPTION (AS PROVIDED) . (OFFIC RECORD BOOK 2647, PAGE 2718) ALL THAT PART OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COULEE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SECTION $; THENCE SOUTH 01 DEGREE 57'17' EAST ALONG THE EASTERLY LINE OF SAID SECTION 5, A DISTANCE OF 1547.52 FEET; THENCE LEAVING SAID EASTERLY UNE SOUTH 89 DEGREES 2B'50" WEST, A DISTANCE OF 1090.57 FEET TO THE EASTERLY RIGHT OF WAY MNE OF GOODLETTE FRANK ROAD, AS RECORDED IN PLAT BOOK 15, PAGE 58; THENCE ALONG SAID EASTERLY RIGHT OF WAY UNE THE FOLLOWING THREE (3) COURSES: 1) THENCE NORTH 06 DEGREES 46'20' EAST, A DISTANCE OF 134.76 FEET; 2) THENCE SOUTH 83 DEGREES 15',t0' ~ST, A DISTANCE OF 15.00 FEET; $) THENCE NORTH 06 DEGREES 46'20' EA,~' A DISTANCE OF 925.71 FEET; THENCE LEAVING SAID RIGHT OF WAY UNE NOkCH 89 DEGREES 28'30' EAST, A DISTANCE OF 85.59 FEET TO THE EASTERLY UNE .)l-* A FLORIDA POWER AND LIGHT EASEMENT; THENCE ALONG SAID EASEM[~I1 MNE SOUTH 06 DEGREES 46'20' WEST A DISTANCE OF 42.87 FEET; THENCE LEAVING SAID EASEMENT UNE SOUTH 80 DEGREES 59'29' EAST, A DISTANCE OF 559.61'FEET TO A POINT OF INTERSECTION WITH A TANGENT CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 2515.48 FEET. AND A CENTRAL ANGLE OF 10 DFGREES 46'51", THENCE NORTHERLY ALONG THE ARC OF SAID CURVE A DISTANCE OF ,1~5.68 FEET, SAID ARC SUBTENDED BY A CHORD WHICH BEARS NORTH 03 DEGREES 57'05' EAST, A DISTANCE OF 455.04 FEET, THENCE NORTH 01 DEGREE 26'20' WEST, A DISTANCE OF 5.99 FEET TO THE NORTHERLY UNE OF SAID SECTION 5; THENCE ALONG SAID LINE NOR"~I 89 DEGREES 28'50' EAST, A DISTANCE OF 250.00 FEET, TO THE POINT OR PLACE OF BEGINNING. LESS AND EXCEPT A TRACT OR PARCEL OF LAND LYING IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA, WHICH TRACT OR PARCEL IS DF.~CRIBED AS FOLLOWS: FROM THE NORTHEAST CORNER OF SAID SECTION 5, RUN SOUTH 01 DEGREE 15'18' EAST ALONG THE EAST LINE OF SAID SECTION 5 FOR 1:547.51 FEET TO THE NORTHEASTERLY CORNER OF THOSE LANDS DESCRIBED IN OFFICIAL RECORDS BOOK 2148, PAGE 407, AS RECORDED IN THE PUBMC RECORDS OF COLMER COUNTY, FLORIDA; THENCE RUN SOUTH 89 DEGREES 52'14" WEST ALONG THE NORTHERLY LINE OF SAID DESCRIBED LANDS FOR 949.55 FEET TO THE POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH 8g DEGREES 52'14" WEST ALONG SAID NORTHERLY MIlE FOR 40.52 FEET TO ITS INTERSECTION WITH THE EASTERLY LINE OF THE 100 FOOT FLORIDA POWER AND EGHT EASEMENT DESCRIBED IN DEED BOOK 50, PAGE 27, AS RECORDED IN THE PUBUC RECORDS OF COUlER COUNTY, FLORIDA; THENCE RUN NORTH 07 DEGREES 08'12' EAST ALONG SAID EASTERLY UNE FOR 57.97 FEET; THENCE RUN SOUTH 82 DEGREES 51'46' EAST FOR 40.00 FEET; THENCE RUN SOUTH 07 DEGREES 08'12" WEST PARALLEL WITH THE EASTERLY MNE OF SAID 100 FOOT FLORIDA POWER AND MGHT EASEMENT FOR 52.87 FEET TO THE POINT OF BEGINNING. ALSO LESS AND EXCEPT; THOSE CERTAIN LANDS DESCRIBED IN THE ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 5111, PAGE 591, PUBEC RECORDS OF COLLIER COUNTY, FLORIDA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: PARCEL 119A: A PARCEL OF LAND LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED BELOW: COMMENCE AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST. COLLIER COUNTY, FLORIDA AND RUN SOUTH 89' 50' 52' WEST ALONG THE NORTH LINE OF SAID SECTION 5, A DISTANCE OF 877.05 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY MNE OF FRANK BOULEVARD Exhibit "A" COMMENCE AT THE NORTHEAST CORNER OF SECTION 3, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLUER COUNTY, FLORIDA AND RUN SOUTH 89' 50' 32" WEST ALONG THE NORTH UNE OF SAID SECTION 5, A DISTANCE OF 877.05 FEET TO AH INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY UNE OF FRANK BOULEVARD (GOODLETTE--FRANK .ROAD) AS PER PLAT .RECORDED IN PLAT BOOK t~5, PAGE 58, OF THE',PUBUC RECORDS~.OF~ COLUER'*COU~ FLORIDA '(~1..~0~ R/W); THENCE RUN SOUTH 07' 08' 12' 'WEST ALONG SAID EASTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 1224.90 FEET TO THE .POINT OF BEGINNING; FROM SAID POINT OF BEGINNING CONTINUE SOUTH 07' 08' 12' WEST, A DISTANCE OF 1:52.83 FEET TO AN INTERSECTION WITH TIlE SOUTH LINE OF THAT PARCEL OF LAND RECORDED IN OFFICIAL RECORDS BOOK 2060, PAGE 2299, OF THE PUBUC RECORDS OF COLUER COUNTY, FLORIDA; THENCE RUN SOUTH 89' 52' 12' WEST ALONG SAID SOUTH UNE, A DISTANCE OF 15.12 FEET TO AN INTERSEC',*~ON WITH SAID EASTERLY RIGHT-OF-WAY UNE OF GOODLETTE-FRANK ROAD('~? R/W); THENCE RUN NORTH 07' 08' 12' EAST ALONG SAID EASTERLY RIGHT-OF~*V,'a~Y UNE, A DISTANCE OF 154.75 FEET; THENCE RUN SOUTH 82' 51' 48" EA.<**: .', DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING. PARCEL 119B: A PARCEL OF LAND LOCATED IN SECTION 3, TOWNS~;~r~ 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, AND BEING MORE P,~RTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COEJER COUNTY, FLORIDA, AND RUN SOUTH 89' 50' 32" WEST ALONG THE NORTH UNE OF SAID SECTION 3, A DISTANCE OF 877.05 FEET TO AN INTERSECTION WITH THE EASTERLY RIGHT-OF-WAY UNE OF GOODLETTE-FRANK ROAD (130' R/W); THENCE RUN SOUTH 07' 08' 12" WEST ALONG SAID EASTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 301.18 FEET TO AH INTERSECTION WITH THE SOUTH UNE OF THAT PARCEL OF LAND AS RECORDED IN OFFICIAL RECORDS BOOK 1788, PAGE 1091, OF THE PUBUC RECORDS OF COLMER COUNTY, FLORIDA, FOR A POINT OF BEGINNING; THENCE RUN NORTH 89' 52' 12' EAST ALONG SAID SOUTH UNE OF THE PARCEL OF LAND AS RECORDED IN OFfiCIAL RECORDS BOOK 1788, PAGE 1091, A DISTANCE OF 10.4.5 FEET; THENCE RUN SOUTH 06' 57' 57" WEST A DISTANCE OF 925.08 FEET; THENCE RUN NORTH 82' 51' 48" WEST, A DISTANCE OF 18.50 FEET TO AN INTERSECTION WITH SAID EASTERLY RIGHT-OF-WAY UNE OF GOODI.ET[E-FRANK ROAD; THENCE RUN NORTH 07, 08' 12' EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 925.72 FEET TO THE POINT OF BEGINNING. PARCEL 719: A PARCEL OF LAND LOCATED IN SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLEER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF SECTION 5, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLMER COUNTY, FLORIDA AND RUN SOUTH 89' 50' $2" WEST ALONG THE NORTH UNE OF SAID SECTION $, A DISTANCE OF 877.05 FEET TO AN INTERSECTION WiTH THE EASTERLY RIGHT-OF-WAY UNE OF GOODLETTE-FRANK ROAD (150' R/W); THENCE R. UN SOUTH 07' 08' 12" WEST ALONG SAID EASTERLY RIGHT-OF-WAY UNE, A DISTANCE OF 1291.99 FEET TO THE POINT OF BEGINNING; THENCE RUN SOUTH 82' 51' 48" EAST, A DISTANCE OF 31.25 FEET; THENCE RUN SOUTH 07' 08' 12~ WEST, A DISTANCE OF 49.95 FEET; THENCE RUN NORTH 82' 51' 48" WEST, A DISTANCE OF 51.25 FEET, THENCE RUN NORTH 07' 08' 12" EAST, A DISTANCE OF 49.95 FEET TO SAID POINT OF BEGINNING. ,,~,, .LIGIHX3 I ! i GAI.USA BAY r-rn~ 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. 2003-68 Which was adopted by the Board of County Commissioners on the 18th day of November, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 16th day Of December, 2003. DWIGHT E. BR~ Clerk of County Deputy Clerk