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Ordinance 98-028 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBERED 8510N BY CH~GING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GADALETA PUD, FOR PROPERTY LOCATED ON THE WEST SIDE OF OLD TAMIAMI TRAIL NORTH/OLD U.S 41 NORTH (C.R. 867) AND IMMEDIATELY CONTIGUOUS TO THE LEE COUNTY BOUNDARY LINE, IN SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 19.3 ACRES MORE OR LESS; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 88-50, AS AMENDED, THE FORMER GADALETA PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy W. Ferguson and Domenico Gadaleta, representing SJG Land Trust, 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 Zoni.g Classification of the herein described real property located in Section 10, Township 48 South, Range 25 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made ~art hereof. The Official Zoning Atlas Map nudered 8510N, as described in Ordinance Nu~er 91-102, the Collier County Land Development Code, is hereby amended accordingly. SECTION TWO: Ordinance Number 88-50, as amended, known as the Gadaleta PUD, adopted on May 24, 1988 by the Board of County Commissioners of Collier ty, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective u~o~ filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this /~/day of ~ , 1998. ATTESt; ........... 1.'~' BOARD OF COUNTY COMMISSIONERS DWIGH~,~'B.= BR6~K/. Clerk COLLIER COUNTY, FLORIDA ved~fas"~m and ~"....'...].'..~...~'..']',' Assistant County Attorney f/~D-ST-3X { 3 ). -2- GADALETA A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING GADALETA, A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FORz PREPARED BY z TIMOTHY W. FERGUSON 2272 AIRPORT ROAD SOUTH SUITE 210 NAPLES, FLORIDA 34112 DATE REVIEWED BY CCPC DATE APPROVED BY BCC 4/14/98 ORDINANCE NUMBER ' 98-'28 AMENDMENTS AND REPEAL 1 TABI~ Of' COlq~v-l~S Statement of Compliance and Short Title ....................... 3 Affidavit of Unified Ownership and Agency .................... 5 Section I Legal Description, Property Ownership and General Description ....... 6 Section II Project Development ..................... 9 Section III Use of Land and Development Standards... 14 Section IV Commercial Areas Plan ................... 16 Section V Development Commitments ................. 17 Section VI Definitions ............................. 22 2 STATEMENT OF COMPLIANCE The development of approximately 19.3 acres of property in Collier County, as a Planned Unit Development to be known as the Gadaleta PUD, is and will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Growth Management Plan unless otherwise provided for in this document. The commercial, residential and recreational facilities of the Gadaleta PUD are and will be consistent with the growth management policies, land development regulations, and applicable comprehensive planning objectives, unless otherwise provided for in this document, of each of the elements of the Collier County Growth Management Plan for the following reasonsx Residential Pro~ect 1. The subject property is within the Urban Residential Land Use Designation as identified on the Future Land Use Map as required in Objective i of the Future Land Use Element. 2. 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 Future Land Use Element. 3. 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. 4. Improvements are planned to be in compliance with applicable land development regulations as set forth in Objective 3 of the Future Land Use Element. 5. The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1H and n of the Future Land Use Element. 6. The project consists of 88 units on 17.3 acres with a density of 5.1 units per acre and two acres of commercial property zoned C-2. The uses of the property have been found to be compatible with surrounding uses according to the Collier County Planning Staff Executive Summaries, as presented to the Collier County Planning Commission and to the Coliier County Board of Commissioners, after full application and examination. 7. The project is currently served by existing, on site utilities and will be required to hook up to facilities provided by Collier County at the time of development as required by the Transportation, Engineering, Water Management and Utilities Stipulations of this PUD at Section 5. 8. The Planned Unit Development includes required dedicated xeric scrub habitat along with open spaces and natural features which are preserved from future development in order to enhance their natural functions and to serve as project amenities as required by Environmental Stipulations contained within this PUD at Section 5. 3 '~heir natural functions and to serve as project amenittes as required by Environmental Stipulations contained within this PUD Section 5. 9. All final local development orders for this project have com lied or will comply with the Collier County Adequate Public Facilities rdinance. O 4 AFFXD~VX! OF UII'XFXED OWNE!~HXP JkI~D~GEMCY I, James M. Goldie, being first duly sworn, depose and say that I am the Trustee for the SJG Land Trust and hereby testify that the SJG Land Trust owns the entire property described in Section 1.2 of this document, which is the subject matter of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of my knowledge. I further permit the undersigned to act as agents for the SJG Land Trust in any matters regarding this petition. (see Exhibit B) JAMES M. GOLDIE, Trustee DATE DOMENIC GADELETA, Agent DATE TIMOTHY W. FERGUSON, Agent DATE STATE OF FLORIDA, COUNTY OF COLLIERs Sworn to (or affirmed) and subscribed before me on day of , 1997 by James M. Goldie, Trustee for the SMJ Land Trust. NOTARY PUBLIC (print, type or stamp name of notary ... Personally known OR , i" Produced identification, Type of I.D. Sworn to (or affirmed) and subscribed before me on day of , 1997 by TIMOTHY W. FERGUSON, ESQ. NOTARY PUBLIC 5 SECTION l PROPERT! OWNERSHIP liND DESCRIPTION 1.1 PURPOSE The property is located on Old U.S. 41, adjacent to and South of Spanish Wells PUD, adjacent to and west of industrial development across U.S. 41, adjacent to and east of multi-family development and has vacant land to the South with low income housing as the next developed property to the south. 1.2 LEGAL DESCRIPTION The subject property being 19.3 acres, is described asz The North 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida~ AND The North 200 Feet of the South 1/2 of the North 1/2 of the North 1/2 of the North East 1/4 of Section 10, Township 48 South, Range 25 East, lying West of Old U.S. 41, Collier County, Florida 1.3 PROPERT! OWNERSHIP The subject property is currently under the undivided ownership of SJG Land Trust, 16979 Old U.S. 41 North, Naples, Florida 34110. (See page 3 of the amendment application document for unified ownership affidavit) 1.4 ~ OES(~8IPTIOM OF PROPERTZ AREA A. The property consists of 19.3 acres on the west side of Old U.S. 41 just South of the Lee County line. Most of the property has been cleared and is being used for recreational purposes as an ongoing golf driving range and accessory uses. B. The project site is divided into residen%ial and commercial uses. The West 17.3 acres consists of various potential residential uses. The eastern most 2.0 acres, adjacent to Old U.S. 41 is commercial. C. The zoning classification of the subject property, prior to the date of this approved PUD Document was PUD with 88 units of residential on 17.3 acres and 2.0 acres of commercial. D. This property was found to be exempt from zoning re- evaluation by Collier County according the Zoning Reevaluation Ordinance 90-23. 1.5 PrfSICAL DESCRIPTION AND W]tTERMANAGEMENT CONSII~4~J~N~ 6 A. The project site is located within the South Florida Water Management District. B. Water Management for the proposed project is planned to be the lake retention type. The elevation within the project site is approximately 15 feet above sea level. Most of the area is composed of xeric environs and soil types (substantial composed of various sandy soils). All of the site is located within the Flood Zone X area of the 500 flood zone according to FEMAMap Panel 191 of 1125, June 3rd, 1986 (the latest FEMAMap provided to the Soil and Conservation Service). C. Detailed Site Drainage plans, which shall incorporate a single water management system for this property, shall be submitted to the County Engineer for review before development. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with submitted plans, is granted by Collier County. The Water Management plan for the Gadaleta PUD may be developed in phases where feasible. D. An excavation permit will be required for any proposed lake or water retention area which complies with Federal, State and County regulations. The Gadaleta PUD is a mixed use project which consists of 17.3 acres of various potential residential uses in a range consisting of single family, single family cjuster, single family attached, multi-family, group housing, patio housing, town houses and/or low income housing, with all other appropriate housing types within or similar to the types of housing listed above included. The density of this parcel of property is approximately 4.45 units per acre. The Gadaleta PUD also contains 2.0 acres of C-2 commercial zoning which may be developed and used according to the current Collier County Land Development Code (hereinafter LDC). Furthermore, the property is currently being used for a golf driving range and other related accessory purposes and may be used in such a manner hence forth with recreational use types comparable to the intensity of a golf driving range. The golf driving range is an allowable use contained within the Gadaleta PUD and the LDC. A. The vast majority of the property covered by this document has been cleared for use as a driving range with the exception of a 50 foot buffer on the North and South property lines and approximately 0.7 acres of xeric scrub habitat which has been retained as a conservation area on the Southeast corner of the property. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5 of the LDC, as amended. The majority of vegetation which remains on site is native vegetation. B. Regulations for the development of the Gadaleta PUD shall be in accordance with the contents of this document, PUD Planned Development District and other applicable sections and parts of the LDC and the Collier County Growth Management Plan (hereinafter GMP) in effect at the time of any issuance of any development order to which said regulations relate which authorizes the construction of improvements, such as but not limited to Final Subdivision Plan, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fail to provide development standards, then the provisions of the most similar district in the LDC shall apply. C. The Scrub Oak community (conservation easement) will remain undisturbed at the Southeast corner of the PUD, with the exception of the access road depicted on the PUD Site Plan. The access road through the Scrub Oak community shall traverse the Scrub Oak community at a point with the least impact to the vegetation. This Ordinance shall be known and cited as the "Gadaleta Planned Unit Development Ordinance." 8 SECTION II 2.1 PURPOB~ The purpose of this Section is to delineate and generally describe the project plan of development, relationships to applicable Count ordinances, the respective land uses of the tracts included ~n the project, as well as other project relationships. 2°2 GE~E~ A. Regulations for development of the Gadaleta PUD shall be in accordance with the contents of this document, the Planned Unit Development District and other applicable sections and parts of the LDC and GMP in effect at the time of building permit application. Where these regulations fail to provide developmental standards, the provisions of the most similar district in the County Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the CCLDC 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 Gadaleta PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, waived or expected by this PUD the other provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities at the earliest or next to occur of either Final SDP approval, Final Plat approval, or bnilding permit issuance applicable to this development. F. Development governed by this Ordinance shall not affect the property's exempt status received pursuant to Collier County's finding that the property was exempt from zoning re- evaluation pursuant to the Zoning Reevaluation Ordinance 90-23. 2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Master Plan, including layout of streets and of land for the various tracts is yet to be determined in order to maintain flexibility in the final development of the property. The current layout of the PUD consists of two (2) 9 'development tracts, one residential and one commercial (see site plan, Exhibit A). The Gadaleta PUD shall be divided into a reasonable number of land use tracts, plus necessary water management lakes, street rights-of-way and other necessary designated areas. The general configuration of the Gadaleta PUD is intended to be flexible to accommodate the end-user of the property. TRACT "A" Single Family and Multi-family as described various 17.3 Acres in Section 1.6 above. TRACT "B" Commercial C-2 uses as outlined in the LDC various 2 Acres TRACT "A & B" Recreational including but not limited to a driving range, putt putt courses and any other recreational use of similar intensity. Optional Recreational All or Part TOTAL ACREAGE 19.3 Acres B. Recreational uses are specifically intended to be permitted uses within the Gadaleta PUD. These uses include but are not limited to, a golf driving range and any other comparable recreational use as a permitted use within this PUD and the LDC C. The designated conservation area, composed of xeric habitat, consists of approximately 0.7 Acres (to be field verified) and is located in the Southeast corner of the Gadaleta PUD. No other conservation area is intended. Open space requirements shall include the designated conservation area and may be used in the calculation of required open space any place within the Gadaleta PUD, regardless of whether the designated conservation area is in the same tract or not. . D. Areas to be designated as lakes or water retention areas, shall be constructed as lakes or, upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be in the same general configuration and contain the same general acreage as shown in the appropriate site development plan. Minor modifications to all tracts, lakes or other boundaries may be permitted at the time of Preliminary Subdivision Plat or Site Development Plan approval, pursuant to the LDC or as otherwise permitted by this PUD document. E. In addition to the various areas and specific items shown in Exhibit "A", such easements as necessary (utility, 10 private, semi-public) shall be established within or along the various tracts as may be necessary. 2.4 ~ A. A maximum of 77 residential dwelling units, single and multi-family, shall be constructed in the total project area. B. The gross project area, less acreage devoted to commercial purposes, is 17.3 acres. The gross project density, therefore, will be a maximum of approximately 4.45 units per acre. C. The Gadaleta PUD makes provision for all possible housing structure types, listed above, to be built on residentJelly designated tracts. The type of housing structure which characterizes the initial development of any platted tract is to be carried out throughout the development of that particular tract. D. Any or all of the Gadaleta PUD property may be used for recreational uses, including both recreational and commercial tracts. Recreational uses include but are not limited to golf driving ranges and their accessory uses or other comparable recreational use. 2.5 ~ A. Prior to the recording of a Record Plat, and/or Conduminium Plat for all or part of the PUD, final plans for all required improvements shall receive ap royal 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 "A", PUD Master Plan, constitutes the required PUD Development Plan with its inherent flexibility. Any division of property and the development of the land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the Sta~e of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land, as provided in said Division prior to the issuance of a building permit of other development order. D. The development of any tract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Development Code prior to the submittal of construction plans and a final plat for any portion of the tract or parcel. 11 E. Appropriate instruments will be provided, at the time of infrastructural improvements, regarding any dedication and method for providing perpetual maintenance of common facilities. 2.6~ Models homes/model home centers including sales center(s) shall be permitted in conjunction with the promotion of the development subject to the followingz A. One "wet" and an appropriate number of "dry" models (commensurate with product types), may be constructed prior to recording of a plat on each particular tract within the PUD. Location is limited to future, platted family lots. All model home plans and permit applications must be made by the project owner. B. The models permitted as "dry models" must be obtain conditional certificates of occupancy for model purposes only. The "wet" model may not be occupied until a permanent certificate of occupancy is issued. C. The model ("wet model") utilized as "sales offices" must obtain approval by and through the Site Development Plan Process. D. Prior to the recordation of any plats, metes and bounds legal descriptions or other recordable legal descriptions, said description shall be provided to and accepted by Collier County as is sufficient for building permit issuance. Said legal descriptions must meet proposed plat configurations and all models constructed pursuant this PUD shall conform to applicable minimum square footage, setbacks, and the like as set forth herein. E. Access shall be provided to each "dry" model from the "wet" model. Access shall be for pedestrian traffic only, no paved road will be permitted. Access to the "wet" model shall be provided by a paved road or temporary driveway, said "unit model" shall have a supporting parking lot. F. Sales, marketing, and administrative functions are permitted to occur in designated "wet" model home within the project only as provided herein. G. 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 ~npervious surfaces. The system shall be designed and constructed so that it is integrated with the master system for the entire development. Amendments may be made to this PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. Whenever the developer elects to create land area and/or recreation amenities, whose ownership and maintenance responsibility is a common interest to all of the subsequent purchasers of property within said development in which the common interest is located, that developer entity shall provide appropriate legal documentation which shall include provisions for the perpetual care and maintenance of all common facilities and open space, subject further to the provisions of the LDC. A. The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted subject to the following conditionsz 1. Excavation activities shall comply with the definition of a 'development excavation' pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. All others provisions of said Division 3.5 are applicable. 13 3.l ;r,J~u, Os8 The purpose of this section is to identify specific development standards for the areas designated as residential in the Gadaleta PUD. The maximum number of dwelling units are as provided in Section 2.4 (A) of this PUD. A total of 77 units shall be allowed on the 17.3 acre residential tract. 3.3 EBMI~ELTa~_~E No building or structure or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the followings A. PRINCIPAL USESs (1) Single Family Dwellings with all permitted accessory uses. (2) Single Family Attached Dwellings, including one dwelling unit above another. (3) Multi-family structures and accessory uses. (4) The cjustering or grouping of housing structure types may be permitted on parcels of land with unified ownership, or as may be otherwise provided in the LDC. (5) Golf ranges and other similar recreational uses as outlined in Section 2.3 of this PUD. B. ACCESSORY USESs Any accessory and incidental use to a permitted use. 3.4 ~EVELOPMEFESTAWDARDS The development standards for this PUD are to be consistent with the standards provided within this PUD at Table I or as otherwise described in the LDC. 3.5 GEMgRALBETB&CKPRgVZBZOM8 Generally, whenever the word setback is used relative to a measurement between the buildings and a lot line and/or perimeter boundary of a parcel of land upon which buildings are to be constructed, it shall have the following applications 14 Front yard setbacks shall be measured as follows~ (1) If the parcel is served by a public or private right- of-way, the setback is measured from the adjacent right-of-way line. (2) If the parcel is served by a non-platted private drive, the setback is measured from the back of curb or edge of pavement. (3) If the parcel is served by a platted drive, the setback is measured from the road easement or property line. (4) Generally principal buildings shall be set back a distance sufficient to provide for two back to back parking spaces, one of which may be in an enclosed space. (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 rights-of-way referenced above, or other non-platted private drive from the common parking area. This shall not prohibit the attached relationship of enclosed parking structures to the principal residential structure, however in such cases, a parking apron of at least fifteen (15) feet shall separate the enclosed parking a or fifteen (15) feet from a sidewalk. C. ACCESSORY BUILDINGS AND USE AREA RELATIONSHIPS (1) This PUD shall provide for reduced yard requirements where accessory structures (screened-in space when completely open to the sky and recreational uses, such as swimming pools, tennis courts, pavilions, etc.) are contiguous to a property line adjacent to open space as herein defined. (2) When accessory structures are contiguous to a property line adjacent to open space, the yard requirements can be any reaosnable space including but not limited to a zero lot line configuration 15 SKCTXON IV The purpose of this Section is to identify the type of Commercial Uses and development standards that will be applied to the areas so designated on Exhibit *A*, as Commercial Tract 4.2 PI~ff_PIBNXIZIR No buildin9 or structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than those found in the C-2 designation found in the LDC that is in place at the time of the adoption of this PUD. 4.3 ~ The development standards for the above referenced uses shall be in compliance with 2.2.13.4 of the LDC, in effect at the time of development. 4,4 PROVZSlOM FOR OFF-SITE R=MOVAL OF EARTHEN MATERIAL The excavation of earthen material and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. If after consideration of fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted. Excavation activities shall comply with the definition of a *development excavation* pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 16 SECTION V 5.1 ~ The purpose of this Section is to set forth the development con~dtments for the development of this project. All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans and all applicable State and local laws, codes, and regulations applicable to this PUD. Except where specifically noted or stated otherwise, the standards and specifications of Division 3.2 the LDC shall apply to this project even if the land within the PUD is not to be platted. The developer, his successors and assigns, shall be responsible for the commitments outlined in this document. The developer, his 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, any successor or assignee to the development referenced in the PUD shall be bound by this PUD Document. A. Exhibit A, the Gadaleta PUD Master Plan, iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase, such as final platting or site develo~nent plan application. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in this project. 5.4 SCHEDULE OF DEVELOPMENT/MONITORINGREPORTANDSt~NSET A. This PUD shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land Develo~nent Code. B. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Homeowner's Association. The Homeowner's Association Sy-Law's shall include a provision that the creation of a Capital Improvement Fund is mandatory, and every property owner in the development shall become a member of the Homeowner's Association. 17 C. A description shall be provided for the location of land and facilities to be dedicated to the County, their use and function together with acceptance by County. The plan shall provide a tabulation and location of useable open space and the mechanism for continued separation and maintenance by a private entity. D. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. Variance and exceptions to Division 3.3 of the Land Development Code will only be included in the PUD when a concurrent application is being made for Preliminary Subdivision Plat approval. The development of this PUD Master Plan shall be subject to and governed by the following conditions~ A. The applicant shall be responsible for the installation of arterial level street lighting at all project entrances when the owner entity wishes to proceed with any authorized development, existing golf driving range and accessory uses excepted. B. Substantial competent evidence shall be provided by the developer to the effect that the project is designed to provide capacity and treatment for historical roadway runoff. In addition, site drainage shall not be permitted to discharge directly into any roadway drainage system. C. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued, unless otherwise approved by the Board of County Commissioners. D. Project entrances shall be designed to preclude the backing up of entering vehicles onto adjacent public roadways. If access is to be controlled by means of a gatehQuse or card- controlled gate, the gate or gatehouse shall be designed, located and operated so as not to permit such vehicular backup. A minimum throat length, for an entrance way off of Old U.S. 41, shall be 75 feet to facilitate vehicular stacking. Where the expected Peak Hour traffic volummes on Old U.S. 41 are equal to or greater than 30 vehicles, the minimum throat length shall be 100 feet. 5.7 WATERMANaGEMENT The development of this PUD Master Plan shall be subject to and governed by the following conditionsz A. Prior to the submission of any Subdivision Master Plan or Site Development Plan, the Developer shall obtain written 18 confirmation from Collier County Water Management that the .discharge rate and route will not cause adverse impacts. 5°8 The development of this PUD Master Plan shall be subject to and governed by the following conditions~ A. WATER~ 1. Should the owner entity wish to proceed with authorized development, save for a golf driving range and accessory uses prior to the availability of the County's Sanitary Sewer and Water Distribution System, the owner entity shall, at its own cost, extend the 16" water main which presently terminates at the Railhead Industrial Park on the East side of Old U.S.41 Road. 2. A water distribution system shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water facilities constructed within platted rights-of- way or within utility easements, as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned and maintained by the developer, his assigns or successors. 3. All construction plans and technical specifications and proposed plat, if applicable, for the proposed water system, must be approved prior to commencement of construction. B. SEWER~ 1. Should the owner entity wish to proceed with authorized development, save for a golf driving range and accessory uses, prior to the availability of the County's Sanitary Sewer and Water Distribution System, the owner entity shall, at its own cost, extend the 12" force main which presently terminates at the Railhead Industrial Park on the East side of Old U.S.41 Road. 2. A sewer collection system shall be constructed throughout the project development by the developer pursuant to all current requirements of the Collier County and State of Florida. Sewer facilities constructed within platted rights-of- way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructed on private property and not required by the County to be located within utility easements, shall be owned and maintained by the developer, his assigns or successors. 3. All construction plans and technical specifications and proposed plat, if applicable, for the proposed sewer system, must be approved prior to commencement of construction. 19 The development of this PUD Master Plan shall be subject to and governed by the following conditions~ A. Unless approved, in advance, in writing by the Community Services Director, all improvements will conform to the requirements set forth in Article 3 of the Land Development Code. 5.10 ENVIRONMENTAL The development of this PUD Master Plan shall be subject to and governed by the following conditions~ A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be towards mitigation for impacts to Collier County Jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on all construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Buffers shall be provided in accordance with Section 3.2.8.4.7.3 of the LDC. C. In the event that the project does not require platting, all conservation areas shall be recorded as conservation/preservation tracts or easements dedicated to an approved entity or to Collier County with no responsibility for the maintenance and subject to the uses and limitations similar to or as per Florida Statutes Section 704.06. D. Buffers shall be provided around wetlands, extending at least 15 feet landward from the edge of wetland preserves in all places and average 25 feet from the landward edge of wetlands when requested by the County. E. An exotic vegetation removal, monitoring~and maintenance (exotic free) plan for the site, with emphasis on conservation/preservation areas, shall be submitted to Current County Planning Review Staff for review and approval prior to final site plan/construction plan approval. F. A fifty foot buffer of native vegetation shall remain along the North and South property lines, as long as the existing golf driving range and accessory uses remain active. Once the property is redeveloped, the buffers contained in this document will control and if the buffer sections of this document do not apply, the provisions of the LDC control. G. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Game Service and the Florida .'and Fresh Water Fish Commission regarding potential impacts protected wildlife species. Where protected wildlife species ~ .are observed on site, a Habitat Management Plan for those "!~ protected species shall be submitted to Current County Planning Staff for review and approval prior to any site plan/construction plan approval. 5.11 ACCESSORY STRUCTURES Accessory structures shall be constructed simultaneously with or following the construction of the principal structure(s), except for a construction site office and model units. 5.12 All signs shall be in accordance with Division 2.5 of the Land Development Code. 5.13 LANDSCAPING FOR OFF-STREET PARKING~a~E~ All landscaping for off-street parking areas shall be in accordance with the Division 2.4 of the Collier County Land Development Code in effect at the time of building permit application. 5.14 POx-x-ING Pursuant to Section 2.6.30 of the Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. An a reement between the Supervisor of Elections recorded in the official records of the Clerk of the Circuit Court of Collier County, shall be binding upon any and all successors in interest that acquire ownership of such commons areas including, but limited to, condominium associations, homeowners associations, or tenants association. This agreement shall provide for said community recreation/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. 21 BgCTZOZi VZ The following definitions apply to this PUD: SITE DEPTH AVERAGEz Determined by dividing the site area by the site width. ~ As defined by the LDC~ may be reduced on cul-de- sacs lots. MEASUREMENT OF SETBACKS: Setbacks are measured from lot lines, tract boundaries or public or private streets. ~ Open space area means development adjacent to lakes, preserves, conservation area, park, or golf course. Patio ~Zero Lot Line}: One wall of the residential structure is concurrent with a side property line and the sum of the two required side yards is shifted to the non-zero lot interior side lot line. Single Family Attached/Townhouse/Row Hou~ A multiple family structure which includes a series of three or more single family vertically attached housing units having no separate dwelling unit above another. May be more than one story, but not more than three habitable floors. ~ A multiple family structure which includes a structure containing three or more dwelling units both vertically and horizontally attached typically with dwelling units over dwelling units having irregular shaped exterior walls and generally not exceeding a height of two habitable floors. Multiple Fam~ly~ A housing structure containing three or more dwelling units other than that which fulfills the definition of single family attached, townhouse, row house, and villas. Generally includes a structure of two or more storys with dwelling units above dwelling units each of which may be accessed directly from the outside or from a common interior location. ~ A housing structure containing two dwellings units either vertically or horizontally attached. Cjustered Housing; The placement of two or more housing structures of the type described on a parcel of land/lot/tract under common ownership without violating the condominiom ownership of individual dwelling units. TABLE f DEVELOPMENT STANDARDS DEVELOPMINT MULTI- COM2vlONS STANDARDS FAMILY RECREATION USES PP, fNCD'AL ST'R.UCTUP, ES M32,fi]vIUM LOT AR.EA ! AC!~ NOT APPLICABLE AVERAGE PARCEL W3DTH 100 FEET NOT APPLICABLE M~. FLOOR. AREA 600 S.F. NOT APPLICABLE FRONT YARD 30 FEET ' 20 FEETz SIDE, YARD 15 FELTs 10 FEETm REAR YARD 30 FEET' tO FEETm M~.DIST. BL:'F, NEEN STRUCTLrRES 15 FEET' I0 FEET IvtAX. BLDG. lIT. 35 FEET 35 FEET~ ACCESSOR.Y STRUCTURES FRONT S.P.S. 20 FEETz SIDE S.P.S. 10 FEET: REAR S.P.S. 10 FEET~ MAX. BLDG. HT. 35 FEET 3:~ FEET~ S.P.S.: Same as Principal Structures. : 30 fatal I~lus I foot for ms7 2 fm d'tmildiaI MtIM mw J0 m W]Mm$ IdJmX~ ~O · i - nou~ (0') mmmm:d from dt~ ~ I~ impera 1 footfort, v~3r2fai~ofl~j__mh~.beilhlOvet30f~. 4 I:~ imet~ oa~ kill die mum eftbe Mtllm d'adjaamt haiilal~ meamuRd from ~,n,.-~x wllllt whidtcm~ t$ In:Ira. GADALETTA PUD CONCEPTUAL MASTER LAND USE PLAN LEE COUNTY LINE TRACT "BY 2.0 AC. TRACT "A" PUD ~DS~E BUFF~ ~ ~C lO' / ~. ,=~,,~,,o,_, XHIBIT A · I, James G. Goldie, President of North Naples Golf Range Inc. i be ng duly sworn, depose and say that I, as President of the above referenced corporation, do have the power and authority to ac~ as owner o~ the propetty described in the Gadaleta PUD and which is the subject matter of a pro osed hearing~ that all the answers to the questions in any application pursuant to the Gadelate PUD, and all sketches, data and other supplementary me%tar attached to and made a part of any application concer. ing 'the Gadelate PUD, are hones~ and true to ~he best of my knowledge and belief. A hearing can be advertised. I further permit ...... .......... Domenic.~adaleta (AGENT°S'NAME) to act as my representative in any matters regarding any matter related to the Gadelate PUD. ' .... ' ~o~ch ~a~les Golf Range, Inc. jaT Goldia, ~~.si en State of Florida County of Collier ~e~E~n.ali~_'[h6~n ~6'me~ or' who haS'~r0~uced .... ' - , ~'~ho is as identification and who did (did not) ta~e an oath. ( SIGNATURE OF-NOTARY_ PUBLIC) _ NOTARY PUBLIC Comission e ' ~~ IGNATURE OF~ 8ta~:e o~' Florida' County ol Collier . , erson~Yy ~ncwn to =~, or who has 'pr6duced~ _ ~f[c~~~d who did (did not) take an oath. ( S IGNATU~. OF ~ _ ~J~Rt "" ' '; ~ MY ~ HOTLY PU~I~ ~ CO~iBB~O~ W My Cornlesion E~pire~, AFFIDAVIT OF UNIFIED OWNERSHIP AND AGENCY Each of us DOMENICO GADALETA AND ANGELA GADALETA, being first duly sworn, depose ant say that we each own the entire property described in Section 1.2 of this document, as tenants in the entirety in fee simple, which is the subject matter of this document and that all representations herein, including any renderings, drawings, data and other supplementary matter attached hereto are accurate, honest and true to the best of our knowledge. I further permit the undersigned to act as our agent in an atters regarding this petition. ~ G L / DATE T.Z .]FS USO SSQ. DATE STATE OF FLORIDA, COUNTY OF COLLIER~ Sworn to (or affirmed) and subscribed before me on B9 day of ~\.~_,f , 1997 by DOMENICO and ANGELA GADALETA. Mv~m~m#~ " ' NOTARY PUBLIC (print, type or stamp name of notary .~ Personally known OR Produced identification ~ Type of I.D. , Swor~..to (or affirmed) and subscribed before me on '2~Rb day of __~Ne , 1997 by TIMOTHY W. FERGUSON, ESQi (print, type or stamp name of notary ~Personally known OR Produced identifications Type of I.D. " 2. 9093 2319 335 · ~!~.., · :"..... Qi/QS/!I It IO:31~ DII~ I. II~, CLIH · coil ul,oo,c IIC Ill i.I ~ ~11I~ .. ~ ~ ~ ~0~43480~8 ~menico Gadaleta and ~gela Gadaleta, husband and wife, .. of~com~0r COLLIER , s~0r Florida , Cnmtors, .~ North Naples Golf Range, Inc., a Florida coloration, as tmstee of the SJG Land T~st Agreement, U/A dated 5/29/97,~ ~~:16979 Old US 41, ~S, Florida 34110 Wj~e~ ~ m'U~. for ~ h ~n of ~ ~ of ~ & ~0/~00 ($~0. oo) ~. ~S NOR~ 1/2 OF ~E NOR~ 1/2 OF ~S NOR~ 1/2 OF ~E NOR~T 1/4 OF SE~ION 10, TO~SHIP 48 SO~, ~GE 25 ~T, LYING WEST OF O~ US HIG~AY 41 (T~I~I ~IL); ~, ~E NOR~ 200 FEET OF ~ SO~ 1/2 OF ~ NOR~ 1/2 OF ~ NOR~ 1/2 OF ~ NOR~T 1/4 OF SE~ION 10, ~SHIP 48 SO~, ~GE 25 ~T, LYING ~ST OF O~ US HI~AY 41 (T~I~I ~IL); ~ BEING IN ~I~ COl, ~RI~. S~jecC to restrict~ons and easements co~n to the s~ivision, if any, and t~es s~se~ent to 1997. *with full power and authority either to protect, consere and to sell or to lease, or to encu~er or to othewise ~age and dispose of the real property herein described, pursuant to the provisions of F.S. 689. 071 8~RN TO: MURPHY FIRM 8UI~ A $~ ~eRPORT ROAD N. P.O ~, ~ STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the ~entieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-28 Which was adopted by the Board of County Commissioners on the 14th day of April, 1998, during Regular Session. WITNESS my handand the official seal of the Board of County Commissioners of Collier County, Florida, this 20th day of April, 1998. DWIGHT E. BROCK . .."' ,{ "" '. Clerk of Courts and' eleik / . "" .' Ex-officio to Board of "..; By: Maureen Kinybn-.,'... ,' .. ." Deputy ,Clerk '-.,,.~. · ..,,-2....~.. ,~..... ', . . · ',, ., .' ",.;..,,,,, ..