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Ordinance 99-25 ORDINANCE NO. 99- 25 r-'.~ AN ORDrNANCE AMSNOING OP, OINANCE NUMBER 91-102 THE COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES COMPRBHENSIVE ZONING RBGULATIONS FOR THE UN1NCORPOR&T!!_D AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFL~L~L ZONING ATLAS MAPS NUMBERED 1720N and 1720S; BY CHANGINGi__.;'?I~E ZONING CLASSIFICATION OF THE HBREIN DESCRIBED REAL PROp~I~.~Y. FROM RSF-3, GC, C-3 AND "A' TO "PUD" PLANNED UNIT DEVELO EiilT KNOWN AS BOYNE SOUTH FOR A MAXIMUM OF 154 SINGLE FAMILY AND MULTI-FAMILY DWELLING UNITS, A 66 UNIT MOTEL, GOLF COURSE, CLUB- HOUSE AND DRIVING RANGE, LOCATBD ON THE SOUTH SIDE OF U.S. 41 EAST, APPROXIMATBLY 5 MILES EAST OF C.P,-. 951, IN SECTION 20, TOWNSHIP 51 SOUTH, RANGE 27 EAST, COLLIBR COUNTY, FLORIDA, CONSISTING OF 242.35_+ ACRES; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane, AICP, of Hole, Montes and Associates, Inc., representing Boyne South U.S.A., 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: SECTION ONE: The zoning classification of the herein described real property located in Section 20, Township 51 South, Range 27 East, Collier County, Florida, is changed from RSF-3, GC, C-3 and "A" to "PUD" Planned Unit Development in accordance with the Boyne South PUD Document, attached hemto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps numbered 1720N and 17205, as described in Ordinance Number 91-102, the Collier County Land Development Code, are 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 ,1999. ~.. ... ..... COLLAR O~, FLORA Attest as C l 's s gnatu e Approvcd as tc Fore ~d Legal Su~ci~cy Mar/a/fie M. Student Assistant County Attomcy g/PUD-98-19 ORDINANCE/ -1- THE BOYNE SOUTH PLANNED UNIT DEVELOPMENT Exhibit A Prepared by: Hole, Montes and Associates, Inc. 715 Tenth Street South Naples, Florida 34102 (941 ) 262 4617 March 1999 PUD98-19 TABLE OF CONTENTS SECTION 1 Statement of Compliance SECTION 2 Project Ownership, Legal Description, Short Tide and Statement of Unified Control SECTION 3 Statement of Intent SECTION 4 General Development Regulations SECTION 5 Permitted Uses & Dimensional Standards for Residential Development SECTION 6 Permitted Uses and Dimensional Standards for Commercial Development SECTION 7 Permitted Uses and Dimensional Requirements for Golf Course and Golf Driving Range SECTION 8 Environmental Requirements SECTION 9 Transportation Requirements SECTION 10 Utility and Engineering Requirements EXHIBITS Exhibit A Conceptual PUD Master Plan Exhibit B Legal Description SECTION 1 STATEMENT OF COMPLIANCE r- The development of approximately 242.35 acres of property in Collier County, as a ~e~ni{i Development, to be known as Boyne South, will be in compliance with the goals, policies of Collier County, as set forth in the Growth Management Plan. The res~l~htia~nd; commercial facilities of Boyne South will be consistent with growth policies, land regulations, and applicable comprehensive plaxming objectiv~ of each of the ele~ Growth Management Plan for the following reasons: 1. The subject property is within the Agriculture/Rural Area Land Use Designation as identified on the Future Land Use Map as required in Objective 1, and Policy 5.1 of the Future Land Use Element. ·., :2. The residential zoning on the subject property at the time of application for rezoning has been found to be consistent with the County's Rezoning Evaluation Program and Policy 3. 1 K of the Collier County Growth Management Plan, based on improvements in place to the property, at that time. 3. The C-3 Commercial zoning on the subject property at the lime of this application for rezoning was granted an exemption in 1998 from the County's Rezoning Evaluation Program based on off-site improvements conveyed to Collier County. Therefore, commercial uses proposed at the lime of rezoning may be found consistent with the Future Land Use Element. 4. The proposed conversion of commercial zoning to residential multi-family and the transfer of multi-family land uses to previously zoned RSF-3 uses in the proposed PUD may be found consistent with the FLUE EAR Amendments but not yet legally effective at the time of adoption of this Ordinance. This is because proposed changes to Policy 5.1 of the Future Land Use Element allow changes to existing zoning not in the form of PUDs, provided they result in a reduction of development intensity. Therefore, changes to the existing zoning as proposed that reduce development intensity may be found consistent with the proposed (FLUE EAR Amendments). 5. The subject property's location in relation to the existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 6. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 7. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. W:\I998\I998032~LD\ISTPUD\PUD.doc 8. The project development will result in an efficient and economical extension of community facilities and services as required in P;olic, ies6.1 .H ~tnd L of the Future Land Use Element. 9. The project is compatible with adjacent land uses through the internal arrangements of structures, the placement of land use buffers and the proposed development standards contained herein. 10. All final local Development Orders for this project are subject to the Collier County ?-- Concurrency Management System as implemented by the Adequate Public Facilities Ordinance. (Division 3.15 of the LDC). W :\ 1998\ 1998032'dtLD\ 1STPUD\PUD.doe -; SECTION II PROPERTY OIVNERSHIP, LEGAL DESCRIPTION SHORT TITLE AND STATEMENT OF UNIFIED CONTROL 2.1 Property Ownership The subject property is under the ownership of Boyne South, U.S.A. 2.2 Legal Description See Exhibit "B". 2.3 Short Ti~e ~ ,.~. : ............. This ordinance shall be known and cited as the "Boyne South Planned Unit Development Ordinance". 2.4 General Description of Property The property is located approximately three miles east of County Road 951 and south of U.S. 41. The zoning of the property prior to the rezoning to PUD was "A", Rural Agriculture with a Conditional use for a Golf Course driving range; RSF-3, Single Family; G.C., Golf Course and C-3, Commercial Intermediate District. The project is developed with a series of stormwater retention lakes with interconnecting swales and pipes. Stormwater flows from north to south where stormwater finally discharges from the two southernmost lakes through two water control structures into a spreader waterway along the south side of the project. The project's water management system also intercepts waters that drain from U.S. 41 and lands to the north. These waters flow through the project's water management system. 2.5 Statement of Unified Control It is the intent of Boyne South U.S.A. to establish a Planned Unit Development on 242.35 acres in Section 20, Township 51 South, Range 27 East, Collier County, Florida. The subject property, as depicted on the PUD Master Plan, is under unified control and ownership for the purpose of obtaining PUD zoning. W:\I998~I99g032LRLD\ISTPUD\PUD.doc SECTION III STATEMENT OF INTENT 3.1 Introduction It is the intent of the developer to establish a Planned Unit Development meeting the requirements as set forth in the Collier County Land Development Code (LDC). The purpose of this document is to set forth guidelines for the future development of the project that meet accepted planning principles and practices, and to implement the Collier County Growth Management Plan. 3.2 Project Description The project is comprised of 242.35 acres and is located on the south side of the East Tamiami Trail CLI. S. 41) in Section 20, Township 51 South, Range 27 East. The Planned Unit Development will include a golf driving range that is existing on the west side of the entrance into the project and a motel that is proposed to be developed on the east side of the entrance into the project. The project further includes an existing golf course, a water management system comprised of a series of lakes, a club house, and residential tracts, which will include both single and multi-family land uses, as depicted on Exhibit A, the PUD Master Plan. Because of the pattern of ownership existing at the time of the application for this Planned Unit Development, some existing single family lots fronting on the golf course and on adjacent properties are not contained within this Planned Unit Development and will retain their existing RSF-3 zoning designation as iljustrated on the PUD Master Plan. 3.3 Land Use Plan and Project Phasing A. The PUD Master Plan contains a total of six (6) development tracts consisting of the golf course, and development areas for single, multi- family and commercial use, including road right-of-way. The Master Plan is designed to be flexible with the placement of buildings, related utilities and water management facilities to be determined at the time of site development plan and permitting approval, based on compliance with all applicable requirements of this ordinance, the LDC and local, state and federal permitting requirements. Tracts may be combined or developed separately subject to compliance with the applicable dimensional requirements contained within this document. Final lot configurations will be determined during the Preliminary Subdivision Plat review process. B. The anticipated time of build-out of the project is approximately six years from the time of issuance of the first building permit. W:\!998\I998032\RLD\ISTPUD\PUD.doc SECTION IV GENERAL DEVELOPMENT REGULATIONS The purpose of this Section is to set forth the development regulations to be applied to the development and use of the Boyne South Planned Unit Development and Master Plan. ..-. 4.1 General A. Regulations for development of the Boyne South PUD shall be in accordance with the contents of this document, the PUD-Plarmed Unit Development District and other applicable sections and parts of the Collier County Land Development Code (LDC) and Growth Management Plan in effect at the time of issuance of any d~eWelopment order to .which said regulations relate which authorize the construction of improvements. The developer, his successor or assignee, shall follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor in title or assignee is subject to the commitments within this agreement. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the LDC in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of the Boyne South PUD shall become part of the regulations that govern the manner in which this site may be developed. D. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Div. 3.15, Adequate Public Facilities, of the LDC at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. E. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. 4.2 Site Clearing and Drainage Clearing, grading, earthwork, and site drainage work shall be performed in accordance with the Collier County LDC and the standards and commitments of this document at the time of construction plan approval. W:\I998\I998032XRLD\ISTPUD~PUD.doc 4.3 Easements for Utilities Easements, where required, shall be provided for water management areas, utilities and other purposes as may be required by Collier County. All necessary easements, dedications or other instruments shall be granted to ensure the continued operation and maintenance of all services and utilities to insure compliance with applicable regulations in effect nt the time construction plans and plat approvals are requested. 4.4 Amendments to the Ordinance Amendments to this Ordinance and Master Plan shall be pursuant to Section 2.7.3.5 of the Collier County LDC. :e~ ~ ~'~, ~ - 4.5 Project Plan Appi'oiral Requirements ' "' Attachment "A", PUD Master Plan, constitutes the required PUD Development Plan. All division of property and the development of the land shall be in compliance with the subdivision regulations set forth in Section 3.2 of the LDC. Prior to recording of the Final Subdivision Plat when required by the subdivision regulations set forth in Section 3.2 of the LDC, final plans of the required improvements shall receive the approval of all appropriate Collier County governmental agencies to ensure compliance with the PUD Master Plan, the County subdivision regulations and the platting laws of the State of Florida. Prior to the issuance of a building permit or other development orders, the provisions of Section 3.3, Site Development Plans of the LDC, shall be applied to all platted parcels, where applicable. 4.6 Provision for Off-site Removal of Eax~en Material The excavation of earthen material and its stockpiling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If, after consideration of fill activities on buildable portions of the project site, there is a surplus of earthen material, off-site disposal is also hereby permitted subject to the following conditions: A. Excavation activities shall comply with the definition of a "Development Excavation" pursuant to Section 3.5.5.1.3 of the LDC, whereby off-site removal shall not exceed ten (10) percent of the total volume excavated up to a maximum of 20,000 cubic yards. W:\ 1998\ 1998032\RLD\ ! STPUD\PUD.doc B. A schedule to facilitate said removal shall be submitted to the Development Services' Manager for approval. 8~'~.~ sdaedul~;.shal~ include the lerigth' of time it will take to complete said removal, hours of operation and haul routes. C. All other provisions of Section 3.5 oft he LDC are applicable. 4.7 Sunset and Monitoring Provisions The Boyne South PUD shall be subject to Section 2.7.3.4 of the LDC, Time Limits for Approved PUD Master Plans, and Section 2.7.3.6, Monitoring Requirements. 4.8 Polling Places Any community recreation/public building/public room or similar common facility ~.~_ located within the Boyne South PUD m~ty be used for a poll'.mg p!ac...e,! if determined necessary b~ the Supervisor of Elections in accordance with Section 2.6.30 of the LDC. 4.9 Native Vegetation Retention Requirements Pursuant to Section 3.9.5.5.3 of the LDC, twenty-five (25) percent of the native vegetation shall be preserved where applicable. 4.10 Common Area Maintenance Common area maintenance, including the maintenance of common facilities, open spaces and the water management facilities shall be the responsibility of the homeowners' association, together with any applicable permits and conditions from applicable local, state, or federal permitting agencies. 4.11 Landscaping Requirements All landscaping requirements, buffers, walls, and berms, shall be developed in conformance with the requirements of Division 2.4 of the Collier County LDC pertaining to landscaping and buffering. 4.12 Open Space and Common Areas Open spaces shall be provided as required by Section 2.6.32 of the LDC. 4.13 Signs ' As provided for within Section 2.5 and 2.8 of the Collier County LDC. W:\I998\I998032XRLD\ISTPUD\PUD.do~ 4.14 Architectural and Site Design Standards All commercial structures on Tract "B" shall be developed in conformante with the requirements of Division 2.8 of the LDC. 4.15 Archacolo!~ical Resources The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to archaeological resources in the event they are contained on the property. 4.16 Parking All parking shall be in conformance with Division 2.3, Off-street Parking and Loading, of the LDC. W:\i998\I998032~&D\I STPUD\PUD.doc SECTION V PERMITTED USES& DIMENSIONAL STANDARDS FOR RESIDENTIAL DEVELOPMENT, TRACTS D AND E 5.1 Purpose The purpose of this section is to identify the permitted uses and development standards for areas within Boyne South designated for residential development on the PUD Master Plan. 5.2 Residential Development Intensity curren~y consistent with the 1989 Growth Management Plan A maximum of one hundred twenty-seven (127) single-family dwelling units are permitted to be developed on the subject property. 5.3 Residential Development Intensity consistent with the Proposed 97-67 (FLUE EAR Amendments) At the time or after the FLUE EAR Amendments become legally effective, tWenty-seven (27) dwelling units shall be transferred from Tract "B" (the commercial area) from 2.69 acres at a density of ten (10) dwelling units per acre onto Tract "D", which is the area designated for multi-family development on the PUD Master Plan, Exhibit A. A total; therefore, of one-hundred fifty-four (154) dwelling units will be permitted for the subject property upon the legal adoption of the FLUE EAR Amendments. (See also Section VI of this PUD ordinance). 5.4 General Description The PUD Master Plan designates the following uses for each tract designated on the PUD Master Plan. TRACT USE ACRES A Driving Range 17.86 B Commercial* 6.69 C Golf Course 155.80 D Multi-Family 24.77 E Single Family 25.83 R Right-of-Way 11.40 242.35 *See also Section VI of this ordinance for permitted commercial uses, which will require 2.69 acres of the commercial area to remain in open space at~er density transfer. W:\I998\1998032LRLD\ISTPUD\PUD.doc The approximate acreage of residential tracts is depicted on the PUD MEter Plan. Actual ~c~ge of all development tracts will be provided at the time of Site Development Plan approv~ or Preliminary Subdivision Plat approvals in accordance with Article 3, Division 3.3, and Division 3.2 respectively, of the Collier County Land Development Code. Residential tracts are designed to accommodate internal roadways, open spaces, recreational amenity areas, water management facilities, and other similar uses found in residential areas. 5.5 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: 1. Principal Uses: . ~ (a) Single F,a~ly Detached Dwellings ..... (b) Ze;o-L;t' Line Iilir;lhnis'" (e) Two-family and Duplex Dwellings (d) Townhouse Dwellings (e) Multi-family Dwellings (f') Any other housing type which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible with residential uses. 2. Accessory Uses and Structures (a) Accessory uses and structures customarily associated with principal residential uses permitted in this district, inehding recreational facilities, maintenance facilities and clubhouse. 5.6 Development Standards 1. The following Table 1 sets forth the development standards for residential areas at such time as Ordinance 97-67 (FLUE EAR Amendments) becomes legally effective. Prior to the legal effectiveness of the FLUE EAR Amendments, the standards of the RSF-3 Zoning District set forth in Section 2.2.4 of the LDC shall apply to single-family residential, which shall be the only type of residential structure permitted. W:\ 1998\ 1998032\RLD~, I STPUD~PUD.doc · ~: TABLE 1 DEVELOPMENT STANDARDS FOR RESIDENTIAL AREAS S0 Front Yard 20 Side YardI~ 7.5 ~" 0 or 10 0 or 7.5 0 or .S BH' 0 or .S BH Rear Yard Principal [ 20 10 20 20 BH ~ Rear Yard Accessory : 10 5 10 10 10 Maximum Building 35 35 35 Height Distance Between 15 10 15 .5 SBff' .5 SBH Structures it requires a lot area al [ocatlon of 3,500 S.F. ~ ,r a totsl minimum lot st ~a 0f"7,000 S.F'~ t'~Ivllnimum lot wi~t~ nu be reduced by 20 percent for cul-de-ssc lots }royideal minimum lot area requirement is still maintained. I'~Accessory uses such ss ~ool enclosures may be sttached to principal uses, ..... ; ~'~Where the zero (0) feet yard option is utilized, the opposite side of the structure shall have a ~ (i0) fi si y~rd~. Zero (0) feet }/arcis may be used oot de on either side of a structure provided that the opposite ten (10) foot side yard is provided. 'BH- Building Height "SBH - Sum of Building Heights 2. Zero-Lot Line dwellings are identified separately from single family detached dwellings with conventional side yard requirements to distinguish these types for the purpose of applying the development standards under Table 1. Zero-Lot Line dwelling shall be defined as any type of detached single family structure employing a zero or reduced side yard as set forth herein, which conforms to the requirements of Collier County Land Development Code, Article 2, Division 2.6.27. The first dwelling unit constructed in a series of zero lot line developments shall establish the zero lot line side for that tract or series of zero lot line dwellings. 3. Only one residential dwelling unit type shall be permitted on any tract designated for residential use. Where different dwelling unit types are planned on adjoining tracts, they shall be separated by recreational facilities, common areas, or landscape buffers. 4. Setbacks shall be measured from the legal boundary of the lot and are inclusive of easements with the exception of easements that comprise a road fight-of-way. W:\ 1998\ 1998032\RLD\ I STPUD~PUD.doc SECTION VI PERMITTED USES AND DIMENSIONAL STANDARDS FOR COMMERCIAL DEVELOPMENT AND OPEN SPACE/RECREATION DEVELOPMENT FOR TRACT B The purpose of this Section is to set forth the permitted uses and development standards for Tract "B", the area within the Boyne South PUD designated for commercial use and open. space/recreation use which comprises 6.69 acres. Upon or after the legal effectiveness of the FLUE EAR amendments, up to 2.69 acres of Tract B shall be converted to residential use at ten (10) dwelling units per acre, with the ability to transfer residential units to Tract "D" designated for multi-family use on the PUD Master Plan after the transfer, the remaining 2.69 acres shall be permitted to be developed with open space and recreational uses. 6.1 Permitted Principal Uses and Structures and Development Intensity curren~y consistent with the 1989 Collier County Growth Management Plan No building or structure or part thereof, shall be erected, altered, or used, or land or water used, in whole or part, other than the following: 1. All of the permitted uses in the C-3 Zoning District of the LDC that are in effect on the date of approval of this PUD, are permitted for Tract "B" until such time as Ordinance 97-67 (FLUE EAR Amendments) become legally effective. 6.2 Permitted Principal Uses and Structures and Development Intensity Permitted upon legal effectiveness of FLUE EAR Amendments 1. The only permitted commercial use for Tract "B" is for hotel or motel use on four (4.0) acres with a maximum density of sixteen (16) units per acre or sixty-four (64) motel or hotel units upon the legal effectiveness of the FLUE EAR Amendments. 2. The balance of Tract "B" remaining after the development of the hotel or motel use on four (4) acres and after the transfer of residential density from 2.69 acres, shall be permitted to be developed with open space and recreational uses, such as tennis courts, swimming pools, and other recreational amenities to serve the motel or hotel and other planned residential uses. 6.3 Permitted Accessory Uses and Structures Uses and structures that are accessory and incidental to C-3 uses pursuant to Section 6.1 above, or the permitted hotel or motel use pursuant to Section 6.2 above, including open space and recreational amenities, such as pools, tennis courts, and play areas are permitted. W:X 1998\ 1998032XRLD\ 1STPUDXPUD.doc 6.4 Dimensional Standards for Permitted Uses The following requirements set forth the development standards for the commercial area at such time as Ordinance 97-67 (FLUE EAR Amendments) becomes legally effective. Prior to the legal effectiveness of the FLUE EAR Amendments, the standards of the C-3 Zoning district, set forth in Section 2.2.14 of the LDC shall apply. 1. Minimum lot area: One-half(I/2) acre. 2. Minimum lot width: One hundred (100) feet. 3. Minimum yard requirements: a. Front yard: twenty-five (25) feet. b. Side yard: fifteen (15) feet. c. Rear yard: twenty-five (25) feet. d. Any yard abutting a residential parcel: twenty-five (25) feet. 4. Maximum'h ight: Thirty-five (35) feet. ~ ~ ~' ' ~ .... 6.5 Dimensional Standards for Accessory Uses shall be as required in Section 2.6.2, of the LDC. W:\I998\I998032XRLD~ISTPUD\PUD.doc SECTION VH PERMITTED USES AND DIMENSIONAL REQUIREMENTS FOR GOLF COURSE AND GOLF DRIVING RANGE, TRACTS A AND C 7.1 Purpose The purpose of this Section is to set forth the regulations for the areas designated as Golf Come, Tract C, and comprising 155.80 acres, and for the Golf Driving Range, Tract A, comprising 17.86 acres, both of which are designated on the PUD Master Plan, Exhibit A. 7.2 "' P~rmittcd Uses and Structures * ~ ': "'f~ 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 Golf Course, Tract C Golf Driving Range, Tract A B. Permitted Accessory Uses and Structures 1. Pro shops with equipment sales up to 1,000 square feet in size; restaurants with a seating capacity of 150 seats or less and shall serve patrons no later than 10:00 P.M. intended to exclusively serve patrons of the golf course and other permitted recreational facilities. 2. Recreational facilities that serve as an integral part of the permitted use, including but not limited to clubhouse community center building, practice driving range, shuffleboard courts, swimming pools and tennis facilities, snack shops and restrooms. 3. Multiple tennis courts, shuffleboard courts, swimming pools, and other types of facilities intended for outdoor recreation common to a country club. 4. Roads, pathways, accessory uses and structures cnstomarily associated with the permitted use, including but not limited to utility structures, water management facilities, maintenance shops and equipment storage facilities and non-commercial plant nurseries. 7.3 property Development Regulations A. General Requirements a) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. b) Buildings shall be set back a minimum of fifty (50) feet from abutting "' residential districts and the setback area shall be appropriately landscaped and maintained to act as a buffer zone. No parking will be allowed in the buffer. B. Maximm Height of Structures Two {2) stories, or ~-five feet, ..... C. Hours of Operation The driving range shall be operated during daytime hours only. W :\ 1998\ 1998032\RLD\ 1STPU D\PU D .doc .. " ',"..'.-.,' C~=:: .' ,. ' SECTION VIII ,~ '~.~. ,t'-'/ : .;,~,._ '~ ~ .... .' ENVIRONMENTAL STANDARDS The purpose of this Section is to set forth the enviromental commitments of the project developer. 8.1 The developer shall be subject to all environmental ordinances in effect at the time of site development plan or subdivision approval. 8.2 Native vegetation preservation shall be subject to the requirements of Section 3.9.5.5.3 of · the LDC, and all other pertinent requirements of Division 3.9, Vegetation Removal, Protection and Preservation, of the LDC. !:.2 ': · · ~, ~ 8.3 The developer shall obtain and submit ~k;cUmentation of all necessary local, state, a~d federal permits at the time development orders are requested. 8.4 The developer shall be subject to Section 2.2.25.8.1 of the LDC pertaining to historical and archaeological resources in the event they are contained on the property. W:~I998\I998032~RLD\I STPUD~PUD.doc , ,,-,, SECTION IX ,..... .. ~ ~!,.,- 't: ~; ~,_ ,-". ~,,~ ~_ .. ~:~.~ .;~ ;~ T~SPORTATION ~Q~~S The purpose of this Section is to set forth the transportation commitments of the project developer. 9.1 The developer shall provide arterial street lighting at the project entrance. Said improvement shall be in place prior to the issuance of any Certificate of Occupancy. 9.2 The road impact fee shall be as set forth in Ordinance 92-22, as amended, and shall be paid at the time .building permits are issued, unless otherwise approved by the Collier County Board of County Commissioners. 9.3 Internal access improvements s~!l ~ot~ subject to impa~t fee credits. 9.4 All traffic control devices used shall conform to the Manual on Uniform Traffic Control Devices as required by Chapter 316.0745, Florida Statutes. 9.5 Access to the commercial Tract B shall be from the internal access road into the project only as depicted on the PUD Master Plan. 9.6 Two access points shall be permitted onto U.S. 41 as depicted on the PUD Master Plan, one of which is presently existing and serves as the main project entrance and the other is proposed to be located along the east property line subject to FDOT approval. W :\ 199 8\ 1998032\RLD\ 1STPU D\PUD. doc SECTION X UTILITY AND ENGINEERING REQUIREMENTS The purpose of this Section is to set forth the utilities and engineering commitments of the project developer. 10. 1 Utilities A. Sewer and water service shall be provided by Collier County. All pertinent requirements pertaining to the extension and construotion of water distribution and sewage collection facilities shall be met. B. Water distributi,op, sewage collection and.tranl~ssion and interim water-and/or ~ sewage trlaane'ht facilities to serve th~ ~Fojic~ ~re t6'be aesig~eaT,~ollst~t~, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. C. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. Should the County not be in a position to provide water and/or sewer service, customers shall be customers of the interim utility established to serve the project until the County's off-site water and/or sewer facilities are available to serve the project. D. Appropriate easements for any project internal water improvements shall be documented on the construction plans and shall be dedicated to the Collier County Water-Sewer District. E. Construction drawings, technical specifications and all pertinent design information shall be submitted in accordance with Collier County Ordinance 98-53 or amendments made thereto and shall be approved prior to the issuance of development construction approval. 0.2 Engineering A. Detailed paving, grading, site drainage and utility plans shall be submitted to the Development Services Department for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Development Services Department. B. Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County LDC. W:\I998\I998032~&,D\!STPUD~PUD.doc C. Subdivision of the site shall require platting in accordance with Section 3.2 of the LDC to define the right-of-w~y ~ tracts showr~on the~ PUD Masfer Plan. D. The developer, its successions and assigns, shall be required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site, including but not · . limited to Preliminary Subdivision Plats, Site Development Plans and any other application that will result in the issuance of a final development order. E. The Developer, its successors and/or assigns agrees to provide for water management review and approval as agreed upon between county staff and South Florida Water Management District staff. W:\I99g~I998032~,.LD\ISTPUD~PUD.doc Exht. btc B  Presetving ~nd e;~handng Ro~la'$*q~_~Ji,ey Of life dnce 1966 HMA PROJECT ~ffi8.32 HOLE, MONTES &ASSOCIATES, INC. 2/11/99 ENGINEERS PLANNERS SURVEYORS PROPERTY DESCRIPTION A PORTION OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGES 13TH'ROUGH 18, AND A PORTION OF REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72, ALL OF THE PUBLIC REC~ORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: ALL OF TRACT A OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT ,. -~.'~,,-. .... ESTATES UNIT ONE LESS PARCELS C; D, E, F, G, H, K AND L OF REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING' TO THE PLATTHEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; LOTS 31 THROUGH 38, BLOCK E, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE LESS PARCELS C, D, E, F, G AND H OF SAID REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE; LOTS 60 THROUGH 132, BLOCK A, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; LOTS 1 THROUGH 52, BLOCK G, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL HAMMOCK BOULEVARD LYING NORTHEASTERLY OF THE NORTHWESTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF LOT 1, BLOCK B, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL TREE PARKWAY LYING ' '~" SOUTHEASTERLY OF THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY BOUNDARY OF LOT 23, BLOCK C, OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF THE 100.00' DRAINAGE RIGHT-OF-WAY LOCATED ADJACENT TO 'THE SOUTHERLY BOUNDARY OF BLOCK A OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; THAT PORTION OF ROYAL HAMMOCK BOULEVARD OF SAID ROYAL PALM GOLF ESTATES UNIT ONE LYING NORTHERLY OF THE SOUTHEASTERLY PROLONGATION OF THE NORTHEASTERLY BOUNDARY OF PARCEL N OF SAID REPLAT OF PORTIONS OF RO,YAL PALM GOLF ESTATES UNIT ONE; ALL OF MAIN DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF LAKE HAMMOCK DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; ALL OF IRENE DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE; AND ALL OF ENSENADA DRIVE OF SAID ROYAL PALM GOLF ESTATES UNIT ONE. AND PARCELS A, B,' J, P, AND R OF REPLAT OF PORTIONS OF ROYAL PALM GOLF ESTATES UNIT ONE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 12 AT PAGE 72 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. HOLE, MONTES & ASSOCIATES, INC. -CERTIFICATE OF AUTHORIZATION LB #1772 BY'~.~,-,",J.("-- ' P.L.S. # 374.1 ' THOMAS J. (~AF~RIS STATE OF FLORIDA w:tI ~lt t ~e~O32v..EGALDESe23.em~ 10550 ABERNATHY STREET BONITA SPRINGS, FLORIDA 34135 94 t-992-0795 FAX 941-992-2'327 -. ~ : , : ,~. ~- .~ -' .? ~' . COUNTY OF COLLIER) ~!i', i, ~wIG~T E. BROCK, Clerk or Courts in an~ to= the T n~tH~. Judicial Circuit, Collier County Florida, do hereby certify , foregoing is a true copy of: ORDINANCE NO. 99-25 Which was adopted by the Board of County Commissioners on the 13th day of April, 1999, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of April, 1999. DWIGHT E. BROCK Clerk of Courts and'£1e. rk County ml s s 1 oners Corn By: Ellie Hoffman, Deputy Clerk