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Ordinance 98-094 ORDINANCE 98- ~Y ~4~ !":~'u ~ , '~" 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 MAPS "- NUMBERED 9524N, 9524S, 9525N, 9525S AND 5 9526N BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM ~ ~'~ "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS GREY OAKS, FOR PROPERTY LOCATED INN THE NORTHWEST, NORTHEAST, AND SOUTHEAST QUADRANTS OF AIRPORT-PULLING ROAD (C.R. 31) ~- AND GOLDEN GATE PARKWAY (C.R. 886), IN SECTIONS 24, 25 and 26, TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 1601! ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 97-45, AS AMENDED, THE FORMER GREY OAKS PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, George L. Varnadoe of Young, van Assenderp & Varnadoe, P.A., representing Halstart Partnership, 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 Sections 24, 25 and 26 , Township 49 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 part hereof. The Official Zoning Atlas Maps hungered 9524N, 9524S, 9525N, 9525S and 9526N, as described in Ordinance Number 91-102, the Collier Coun=y Land Development Code, are hereby amended accordingly. SECTION TWO: Ordinance Number 97-45, as amended, known as the Grey Oaks PUD, edopted on September 16, 1997, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY AOOPTED by the Board of County Commissioners of Conier County, ~lo=ida, thi, ~f day of j~.' BE{OCK, Clerk COLLIER COUNTY, FLORIDA of Z c~ ack~ed~ement ot that MarJo~e M. Student fill~ efv~ ~his Aeeietant County Attorney of PLANNED UNIT DEVELOPMENT DOCUMENT FOR GREY OAKS PREPARED BY: GEORGE VARNADOF,, ESQUIRE YOUNG, VAN ASSEI~DERP AND VARNADOE a0! Laurel Oak Driv~ Naples, Florida 34108 DATI! FILED AIVlENDED BY ORDINANCE AI~ENDED BY ORDINANCE INDEX PAGE L~ of Maps, Exhibits, imd Tables ii Statement of Compliance and Short Titis iii SECTION I Property Ownership and Legal Description i-1 SECTION H Project Development 2-1 S~'TION III P, tsidential 3-1 SECTION IV Golf Comgabcreation/Park/Right-of-Way 4-1 SECTION V Conservation/Open Space 5-1 SECTION Vl Comme~al 6-1 SECTION VII (3enentl Development Commitments 7-1 LIST OF MAPS AND TABLES MAPS Location Map PUD M~ster Plan TABLES TABL!~ I Land Use Summary TABLE II Project Absorption Schedule Estimate TABLE III Development Standards i| 'O STATEMENT OF COMPLIANCE It is the intent of the Halstart Partnership, A Florida General Partnership to create a Planned Unit Development (PUD) to be known as Gt~ Oaks PIned Unit Development, on 1,601.39 acres of !and located h Section 24, and 25, Township 49 South, Range 25 East, Collier County, Florida, and Section 26, Township 49 South, Rnnge 25 East, City of Naples, Florida. The residential, r~-reational and commet~:ial facilities ofrHE HALSTATr DRI/PUD are consistent with the growth policies, !and development reg~latlons, and applicable comprehensive planning objectives of the City of Naples and Collier County for the following reasons: !) The subject property is located within the City and County Urban service areas and there are adequate available community facilities and services to support the proposed residential denalty and commercial intensity. 2) The City of Naples made a determination that the part of Grey Oaks in the City is consistent with the goals, objectives and policies of the Comprehensive Plan and land development regtdations adopted by the City. 3) With reg=d to that part of Grey Oaks within the County: a) The project develol~nent is compatible and complementary to the surrounding !and uses and future uses allowed by the Future Land Use b) Improvements are pined to be in substantial compliance with stpplieable land development regulations as set forth h Objective 3 of the F_,~___n'e Land The project development will result in an efficient and ec~notnical extension ofcommunity fadlities and services as required by Policies 3.1 .H. and 3.1 .L. of the Future Land Use Element. d) The project development is planned to incorporate natural systems for required by Objective 1.5 of the Drainage Sub-Element of th~ Public Facilities Element. e) The projected d~nsity of less than two ('2) dw~lling units per acre is less than that allowed under the Future Land Use Element sinco the project includes three (3) quadrants of an Activity Center and a de~ity band. iii i') Thesubjcctprojectoccupicsthencrthwr. st, southcastandnorthcastq, ma_,'auts ofthe Activity Center located at the iutcx,secdon ofAizport aud Gokicu Gale Parkway. This strategio location allows the site superior access for thin placement of commercial aciivities. Ig) The project includes cxtemive opcu spaces in the form ofgolfcoursu ud iucorporates mtural feaUxes to provide a high quality of life for its rcsidcuts. SHORT TITLE This ordhumce shall be known mud cited as the 'GREY OAIC9 Piauned Uult D,:vclopmcut Ordiuance". iv SECTION I PROPERTY OWNERSHIP & LEGAL DESCRIPTION 1.01 PROPERTY OWNERSHIP The subject property is currtn~y owned by the Halstart Partnership which is composed of: Lloyd G. Hendry, Harold S. Lynton and Edith Collier Sproul, (a/k/a Juliet C. Sproul), as Trustees of the Edith Collier Sproul Trust under agreement dated December 29, 1969, and as confirmed by Agreement of Termination of Trusteeship dated June 1,191~2, Harold 8. Lynton, Lamar Gable and Juliet C. Sproul, as Trustees for Juliet C. Sproul under the will of Barron Collier, Jr., deceased, and as confirmed by Change of Trustees dated June 7, 1982, and filed June 15, 1982, in Probate No. 76-33, of the Probate Records of Collier County, Florida. i i .0'2 LEGAL DESCRIPTION All that part of Section 24, Township 49 South, Range 25 East, Collier County, Florida, lying ea.swrly of that 100 foot canal fight-of-way as described in O.tL Book 154, page 6, Public Records of Collier County, Florida; ALSO All that part of Section 25, Township 49 South, Range 25 East, Collier County, Florida, lying easterly of that 100 foot canal right-of-way as described in O.R. Book 154, page 6, O.R. Book g73, page 1879 and O.P-. Book 873, pa~e 1882, all of the Public Records of Col!let ' LESS Golden Oat= Parkway (C~86) as described in O.R. Book 465, page 275, and O.R. Book 46S, pa~ 278, Public P, eco~ of Collle~ County. Florida; ALSO LESS those lands as d__,~':n__'bed in O.tL Book 194, page 603 and O.IL Book 640, page 229, Publi~ Records of Collier County, Florida, ALSO All *_~,_ part of Sec'tlon 26, Township 49 South, Range 25 East, Collier County, Florida, lying w~stedy of Airport-Pulling Road (C-:I 1) zmd northerly of Golden Gm Parkway .. ~.;ff-:, Iocat~ witht,, th~ City of N~l~s; . :,' ~.,'= - ' LF.,qS that potlion sherwf u described in O.R. Book 539, page 370, Pubrio Reeonts of abovepwpertysubjeettoeasementsandnSd~onsofrecotd;oontainlnS 1,601.39 net aeres 1-1 SECTION II PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to generally describe the plan of the development and delineate the general conditions that will apply to the project. 2.02 INTRODUCTION Grey Oaks is a 1,601.39 acre mixed use residential development and golf come commur~ty with a "ton center", and other retail and office development located in Collier County. The property is generally located in the northwest, northeast and southeast quadrants of the intersection of Airport Road and Golden Gate Parlcway. The property is bounded on the east by Livingston Road; on the south by the Golden Gate Canal; on the west by the Gordon R/veT Watershed; and on the north by the Coach House Land Residential Properties in the west quadrant, and the World Tennis Center in the northeast quadrant. The northwest quadrant of the property is in the incorporated City of Naples and constitutes approximately 354 of the 1,601 acres. The ~en~ainder of the property is located in the unincorporated area of Collier County. The project is of a she to be a Development of Regional Impact (DR/) and an Application for Development Approval (ADA) has been filed pursuant to Chapter 380.06, Florida Statutes (1988). Because the City and County recognize that the project has been planned and will be developed as a unified integrated community, the City and County have agreed that a single local government (Collier County) should have the responsibility for reviewing the planned development and issuing a Development Order pursuant to Section 380.06, Florida Statutes and for adopting the zoning (PUD Ordinance) for the entire project, including that portion that lies within the City of Naples. In furtherance of the goal of having one entity review the proposed project and adopt a zoning ordinance (PUD) and Development Order for the project, the Developer and the City of Naples have entered into a DEVELOP~ AGREEMEHT and the City of Naples and Collier County have entered into an "INTERLOCAL GOVERNMENT AGREEMENT" with regard to the project The DEVELOPMENT AGREEMtTNT sets forth the maximum intensities of land uses for the property will- the City and provides that the City agrees to accept and adopt (if appropriate) any Development Order and PUD zoning issued by the County that does not exceed the intensifies of land uses set forth in said DEVELOPMENT AGREEMENT. This DEVELOPMENT AGREEMENY allows the County to review the proposed project as a single integrated planned community and approve a sinSic set of development standards for the entire project by adopting a sinl~le PUD Ordinance and Development OrdeT for the project. .,; 2-I The INTERLOCAL GOVERNMENT AGREEMENT between the City of Naples and the County of Collier incorpox~tes said DEVELOPMENT AGREEMENT and further provides that the City and County agree that the County shall conduct the rezoning and DRI review for the entire 1,601 acre project, including that portion of the project within the jurisdiction of the City of Naples. A copy of the INTERLOCAL GOVERNMENT AGREEMENT and the DEVELOPMENT AGREEMENT are made a part of this PUD by reference thereto. The County, City and the Developer have all agreed that the 354 acres within the jurisdiction of the City is an integral part of the overall Halstart DRI Community and it is therefore, essential to the viability of the planned community that the PUD and DRI plan approved by Collier County be in effect and remain in effect for the entirety of the project and not just the portion of the project lying within the jurisdiction of the County of Collier. 2.03 LAND USES Table I is a schedule of the intended land uses types, with total dwelling units, acreage, and total square feet commercial indicated. The arrangement of these land use types is shown on Map H, Planned Unit Development Master Plan. Changes and variations in design and acreages shall be permitted during each subdivision phase at final design to aceornmodate topography, vegetation, and other site conditions. The final size of the recreation ~nd open space lands will depend on the actual requirements for conservation areas, water management, golfcourse layout, roadway pattern, and dwelling unit size and configuration. At the time of SuMivision review and approval for each subdivision phase, the location, size and configuration of land use tracts shall be identified, along with the assignment of permitted residential or commercial land use types. The assignment of maximum allowed residential density and/or commercial gross leasable floor area shall also occur at the time of subdivision review and approval. If the maximum allowed residential density or commercial gross leasable area is not fully used within that subdivision phase of the project, the unused remainder may be tsaigned to another phase(s) of the project. Final determination of the total multi-family residential or commercial use shall be determined at time of Sit~ Development Plan approval. For each succeeding ~ubdiviaion and/or Site Development Plan, a table shall be included which mammmtze$ the total dwelling units and cornracial floor area that hu been pr~vtotaly tnlgned and total uaigned for the pending tpproval, in order to facilitate the County's monitoring of the project. 2-2 2.04 PROYECT DENSITY The total acreage of GTey Oaks Planned Unit Development is approximately 1,601.39 acres. The maximum number of dwelling units to be built on the total acreage is 1,900. The number of dwelling units per gross acre is approximately 1.2. The density on individual parcels o f land throughout the proj oct will vary according to the type of housing placed on each parcel of land but shall comply with guidelines established in this document. 2.05 PERMITTED VARIATIONS OF DWELLING UNITS All properties designated for residential uses may be developed at the maximum number of dwelling units allocated, provided that the total number of dwelling units shall not exceed 1,900. Table I identifies the maximum units by project quadrant. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULED The developer will commence the project within the northeast quadrant. Within each quadrant, the mount and location of each subsequent development area will be dictated by logical and economical development constraints and by market demand. Table II indicates, by project year, the estimated absorption of units, and commercial square footage. The absorption schedule is an estimate and not guaranteed. Actual absorption rates arc governed by market demand. 2.07 EASEMENTS FOR. UTILITIES All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in substantial compliance with applicable regulations in effect at the time of development. 2.08 COLLIER COUNTY AND CITY OF NAPLES SUBDMSION APPROVAL The review and approval of subdivision master plans and construction plans shall follow the design and development standards of the Collier County Ordinances regulating subdivisions in eftoct at t!~ time of development; and shall b~ reviewed and approved in accordanc~ with the procedures set forth by the City of Naples for that portion of the project within the City, and th~ standards and procedures set forth by Collier County for that portion of the project unda County jurisdiction. The intent and effect of this Section is to have a single set of substtmtiv= standards apply to subdivision nutata plans to the location of the particular property in question, bu tot allow each local government to apply its procedural process for approval of said plans. The developer reserves the fight to request exceptions and modifications to the standards set forth in applicable regulations. Where this document makes reference to a specific type of subdivision approval (e.g. Subdivision Master Plan 2-3 Appwval or platting) this reference shall be construed to meanthe applicable Collier County procedure or approval in effect at the time of development. 2.09 LAKE SITING As depicted on the PUD Master Plan, lakes and natural retention areas have been sited adjacent to existing and planned roadways, property lines, and throughout the golf course. The goal is to achieve an overall aesthetic character for the project, to permit optimum use of the land, provide buffering to uses within and surrounding the project, pwtect native vegetation, and to increase the efficiency of the water management network. Accordingly, the requirements described in Ordinance 81{-25, Section 8A, 8B and 8C, may be r~iuced subject to the approval of the County Engineer at the time of Subdivision and/or Excavation permit approval. Fill material from lakes is pined to be utilized within the project, however excess fill material, not to exced 10% or maximum 20,000 cubic yards may be utillz~d off-site, subject to the provisions of the Collier County excavation ordinance in effect at the time of development Removal of fill material in excess of I 0% of total or 20,000 cubic yards must meet the requirements of a commercial excavation per Ordinance 88-25. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria and Ordinance 88-26. 2.10 DEDICATION AND MAIlq'rENANCE OF FACILITIES Roads and other infnstructure may be either public or private, depending on localion, capacity, and design. Developer shall create appropriate homeowner and/or condominium associations or identify other entities which will be responsible for maintaining the wads, streW, drainage, water and ~e-,ver improvements where such systems are not dedic~_t_~ to the County or City. Standards for roads shall be in compliance with the applicable provisions of Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception during Sub<tivision Approval. 2.11 SITE DEVELOPMENT PLAN APPROVAL The provisions of Bection 3.3 of the Zoning Ordinance shall apply to the development of pla/ted tracts or parcels of land as provided in said Section 3.3 prior to the issuance of a building permit or other development order. Approval of commercial tracts in the City of Naples jurisdiction shall follow the General Development and Site Plan (GDSP) process. 2.12 MODEL HOMES AND MODEL UNITS Model Homes and units shall be permitted within tkls project subject to the following provisions: a. Models may be constructed prior to approval of a plat. 24 b. Models may be permitted as "dry models" and must obtain a conditional certificate of occupancy for model purposes only. Models may not be permanently occupied until a permanent certificate of occupancy is issued. c. Models may not be utilized as "sales offices" without approval by and through the Site Development Plan process. The SDP process shall not be required for dry models pursuant to this Section. d. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must meet proposed plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set forth herein. e. Temporary access and utility easements may be provided in lieu of dedicated fight- of-ways for temporary service to model homes or units. f. Sales, marketing, and administrative functions are permitted to occur in designated model homes or units within the project only as provided herein. 2.13 CONSTRUCTION DEVELOPMENT STANDARDS The standards for the construction of all project infrastructure, such as, but not limited to roads, utilities, wastewater treatment, water management facilities, and other site improvements such as but not limited to clearing, grading, excavation, landscaping and all similar types of site improvements, except for habitable buildings and structures, shall meet the minimum standards set forth by Collier County in the applicable ordinance or regulation in effect at time of development. City of Naples construction standards shall be used for water and sewer system under City jurisdiction. The procedures for the review and approval of project infrastructure and site improvements shall be that process in effect at the time of review and approval in accordance with the City of Naples regulations for that part of the project within City jurisdiction, and Collier County regulations for that part of the project within County jurisdiction. The stanchu'ds and development permit procedures for all habitable structures shall be in accordance with the appropriate City or County jurisdiction' s requirements in effect at the time of building permit application. 2.14 SALES CENTERS a, "Sales Centers" may be constructed prior to recording of a plat. "Sales Centers" may be serviced by a temporary utility system (i.e. dry well and septic tank/drainfield) 2-5 prior to availability of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements or as approved by the appropriate fire district are required unless a permanent water system is available to serve the Center. b. Review and approval of "Sales Centers" shall follow the requirements of the Site Development Plan process (Zoning Ordinance Section :J.3) or whatever approval procedure is in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to the "Sales Center" shall be provided by a paved road or tempors-,7 driveway which meets applicable County standards as determined by the County Engineer. A w~ter management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. c. At the time of building permit application for ,, "Sales Center" a temporary use permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Ocoupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2.15 IMPACT FEES Development within the project shall be subject to all lawfially adopted impact fees in effect at the time of development. THE GREY OAKS PUD TABLE I LAND USE SUMMARY Northeast and Southeast Quadrants (Collier County) Residential (1936 units) 310.9-J: Commercial/Office (956,091 S.F.G.L.A.) 90.4± Golf CoursedRecreation/Park/Right-of-Way 609.32~ Conservation/Lake/Water Management 236.784. Sub-Total 1,247.4 Northwest Quadrant (City of Naples) Residential (764 units) 122.0-~ CommercialJOffice (347,000 S.F.G.L.A.) 30.Ot: Golf Coursed'Recreation/Park/Right-of-Way 115.44. ConservationfLake/Water Management 86.6-~ Sub-Total 354.0 Note: All acreages are digitized approximate acreages and are subject to ~:hange and variation. Note: The Northeast Q; _m__d~rant shall have a total commercial/office square footage of 956,091 S .F . G.L.A. 2-7 THE GREY OAKS PLrD TABLE II PROJECT ABSORPTION SCHEDULE ESTIMATE PROJECT YEAR 1-6 (1989 - 1995) Land Us~ No. Hotel Squa~ Desi[~nation Units Rooms Feel (GLA) Residential 94 Commercial and Office 0 Hotel 0 Golf Course * 1 · Golf Course ,- 18 holes with phased club facilities PRO~ECT YEAR 7-13 (1996 - 2001) CUMULATIVE Land Us~ No. Hotel Squar~ Designation Units Rooms Feet (GLA) Residential 963 and Office 500,000 Hotel 250 Oolf Cour~ · 3 · Golf Course -, 54 holes with phased club facilities (Second golfcourac may be cons~ucted prior to project year 7, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) 2-8 TABLE II (Cont'd) PROJECT ABSORPTION SCHEDULE ESTIMATES PROJECT YEAR 14-20 CUMULATIVE Land Use No. Hotel Square Desil~nation Units Rooms Feet (GLA) Land Use Residential 1900 Commercial and Office 1,303,091 Hotel 250 Golf Course * 4 · Golf Come = 72 holes with full club facilities (3rd golf course may be constructed aiter year 14, and may be built in 9-hole increments, club facilities may be built in phases to coincide with the golf course construction.) Project yeazs shall be adjusted to correspond with the commencement of development. The above development program oudines multi-use categories which will be assigned to the various development pods shown on Map H. These land use categories will allow for a true mixed use development tO occur and allow the "Developer' to respond to an ever thaiaging market over the next 20 years with an anticipated buildout at year 2010. The absorption schedule assume~ that buildout ofthe residential, town center and the majority of the offic~ and commercial may occur in the first 12 years. 2-9 SECTION HI RESIDENTIAL LAND USE · 3.01 PURPOSE The purpos~ of this Section is to set forth the r~gulations for the areas designated on Map H, PIned Unit Development Master Plan, as "R" or Residential. 3.02 MAXIMUM DWELLING UNITS A maximum number of 1,900 dwelling units may be constructed on lands designated as "R" or Residential. The 254- acre parcel designated "R." on the PUD Master Plan located on Livingston Road, south of Golden Gate Parkway may be devoted to Assisted Living Facilities at a Floor-to-Area Ratio not to exceed .45. 3.03 GENERAL DESCRIPTION Areas designated as "K' or Kesiden~al on the Master Land Use Plan arc designed to accommodate a frill rall ge of residential dwelling types. Approxlmste configurations of land use tracts have been indicated on the P.U.D. Master Plan, in order to indicate relative size and distribution of the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acruges of all development tracts will be provided at the time of platting. Residential tracts are designed to ac, c~mmodate interllal roadways. 3.04 PERMITtED PRINCIPAL USES AND STRUCTURES I ) Detached and attached single ~mily homes, cjuster homes, zero lot line homes, patio homes, townhouses, multi-family dwelilng~, neighborhood recreational facilities, churches and other places of worship, and assisted Hving facilities. 2) Water management facilities; essential services (in accordance with Section 2.6.9 of the Zoning ice). Lakes, including lakes with seawall and other types of 3) Open space recreational activities, community paHcs, and similar uses, including but not limited to shuffleboard courts, tennis courts, swimming pools, boat docks and ramp, canoe Inches, fishing piers, boat storage, beach gazebos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalk-~ playground, picnic areas and other types of facilities intended for outdoor recreation. 3-1 4) Any other use which is comparable in natu~ with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. 3.05 PERMITTED ACCESSORY USES AND STRUCTURES 1 ) Accessory uses and structures customarily associated with uses permiRed in this district. 2) Essential services and facilities. 3) Recreational facilities accessory to a residential structure. 4) Any other accessory uses or structures which are comparable in nature with the foregoing uses and which the Collier County Planning Services Manger or the City Community Development Director determines to be compatible in the district. 3.06 DEVELOPMENT STANDARDS Table Ill sets forth the development standards for land uses within the "R" Residential District. Site development standards for category 1,2, and 3, uses apply to individual lot boundaries; standards for category 4 uses apply to platted development parcel boundaries. Front yard setbacks shall be measured as follows: I) If the parcel is served by a City or County dedicated public right-of-way, setback is measured from the existing right-of-way line. 2) If the pro'eel is served by a privat~ drive, setback is measured from back of curb or edge of pavement, whichever is closer to the structure. 3) Single family detached (Category 1 only) front setbacks shall be measured from the public or private road right-of-way line. SUmdarda for parking, landscaping, signs, guard houses, enmmc~ gates and other land uses not ~pecified heroin are to be in accordance with Collier County Zoning and Signage rcguladons in cffcct at the time permits ~rc requested unlm otherwise specified h~En. Unless otherwise indicated, setback, hcights, and floor area standards apply to pfincip.al structures. 3-2 Development standards for residential uses not specifically set forth in Table III shall be established during Subdivision Master Plan or Site Development Plan Approval as set forth under Sections 2.03 and 2.11 of this document. Setbacks and buffer requirements from and along the north property line within the northwest quadrant adjacent to lots on Coach House Lane shall be as follows: (a) One stow single family structure: Principal - 25' Accessory - ! 5' (b) One story multi-family or two stow structure: Principal - 50' Accessory - 50' (e) Two stow structure greater than 30' in height: Principal - 75' Accessory - 75' (d) Three stoW structure: Principal - 175' Accessory - 175' (e) Four story structure: Principal - 400' Accessory - 400' (f) Vehicular use areas, including garages and carports - 50' (measured to the structure or edge of pavement). (g) A 15' wide, as measured perpendicular to said north border, and 25 foot high landscaped buffer shall be provided and maintained which is 80% opaque as measured in every and any 25 foot by 25 foot section. The buffer shall be installed prior to construction of homes. (h) The number of dwelling units per acre shall not exceed 7 units per net acre measured within a band of land 175 feet wide parallel to said nor~ boundary. 3-3 (i) Principal building structures shall not include more than 4 dwelling units within 175 feet of said north boundary. *Two story seiback is measured to thesecond story portion of the structure. One story portion is to be measured as a one story structure, if it is a single family structure. 3-4 DEVELOPMENT STANDARDS "R' Residential Areas TABLE III PATIO, ZLL, OR SINGLE SINGLE TWO FAMILY CjustER, FAMILY FAMILY ATTACHED/MULTI-FAMILY DETACHED DETACHED OR DUPLEX TOWN HOUSE VILLAS CATEGORY I '4 2 '4 3 '4 4 '4 5 '4 '5 MINIMUM SITE 9000 5000 3500 I AC 2500 AREA SF/Lot SFFLot SF/Lot SITE WIDTH 75' 50' 35' 150' 16' MIN. AVG. SITE DEPTH 120' 100' 100' 150' N/A MIN. AVG. FRONT YARD 25' 20' 20'* 1 20' P 0' SETBACK SIDE YARD 7.5' 5' 0 or a 20' P SETBACK minimum 0' GC 0' of 5' REAR YARD 20t P 15' P 15' P 20' P 10' P SETBACK PRIN- CIPAL I0' GC 10' GC 10' GC 0' GC 0' GC REAR YARD 10' P 10' P 10' P 10' P 10' P SETBACK ACSRY. 0' GC 0' GC 0' GC 0' GC 0' GC MAX. BUILDING HEIGHT STORIES ABOVE PARKING 2 2 2 6 '2 2 DIST. BETWEEN PRINCIPAL STR, 15' 10' 0' or 5' 15' '3 - I story T 25' '3 - 2-3 story 30' '3 - 4 stories & · higher FLOOR AREA MINIMUM (S .F.) 1200 1000 900 750 900 SITE DEPTH AVERAGE: Determined by dividing the site area by the site width. 3-5 SITE WIDTH: The average distance between straight lines connecting front and rear parcel lines at each side of the site, measur~l as straight lines between the foremost points of the side parcel lines in the front (at the point of the intersection with the front parcel line) and the runhost point ofthe parcel lines at the rear (point of intersection with the rear parcel line). May be reduced on cul-de-sac lots. P. Perimeter of internal Sites GC = Golf Course, or Lake Front Sites * 1 This setback may be reduced to 12' for side entry garage '2 Three story maximum within the City of Naples for less than 8 units per acre. Four story maximum within the City of Naples for 8 units per acre or greater. '3 or 1/'2 the sum of the adjacent buildings, whichever is greater. '4 During the County approval process, tracts shall be designated and approved as a specific category. The approved specific category shall not be changed unless the entire tract is consistent with the new category. Any changc from an approved category to another shall be accomplished as per Scction 2.7.3.5 of the Collier County Land Dcvcloprncnt Code. * 5 In the contexl here used "villas" mcans development that occurs on a platted lot where the lots tend to form a cjustered home siting scheme accessed by an irregularly shaped private roadway system. SECTION IV GOLF COURSFJRECREATION/PARK/RIGHT-OF-WAY 4.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on Map H Planned Unit Development Master Plan as, golf course, clubhouse, driving range, parks, right-of-ways; dedicated e~tsements and utility corridors. 4.02 PERMITTED USES AND STRUCTURES No building or stractur~, ot part thereof, shall b~ erected, altered or used, or land or water used, in whole or in part for other than the following: A. P~t-mitted Principal Uses and Structures 1 ) Golf Come(s) 2) Tennh Club and facilities 3) Water management facilities; c~-ntial services (in accorclancc with Section 2.6.9 of the Zoning Ordinance). Lakes, including lakes with seawall and other types of architectural bank treatment. 4) Open space recreational activities, community parks, and similar including but not limited to shufficboard courts, tennis courts, swimming pools, boat docks and ramp, canoc launches, fishing piers, boat storage, beach gazcbos, concession stands, health trails, bike paths and nature trails, observation platforms, boardwalh, playground, picnic areas and other types of facilities intended for outdoor recreation. 5) COmmtltlity center/clubhouse(s). Storage, malntCllJllCC yards, 2lid lalld.scaping ntlrscries within FP&L casements, right-of-ways, and open space. Subjcct to approval of the persons or entities in whose favor the casement or fight-of-way runs. 7) Project Info_rm__a_~on and Sales Center 8) Any other usc which is comparable in nature with thc foregoing uses and which the Collier County Planning Services Manager or thc City Community Dcvclopment D. irector dctcrmines to bc compatible in the district. 4-I B. Permitted Accessory Uses and Structures Accessory uses customarily associated with the principal uses permitted in this district including but not limited to: 1) Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational facilities, including maintenance area and pump houses, golf course rain shelters, restrooms, and snack bars. 2) Small commercial establishments, including gift shops, golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses intended to serve patrons of the golf course or other permitted recreational facilities, subject to the provisions of the applicable supplementa/7 district regulations of the Zoning Ordinance of Collier County. 3) Vehicle wash facility. 4.03 DEVELOPMENT STANDARDS I) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking axeas and location and treatment of 2) Buildings shall be set back a minimum often (107 feet from parcel boundaries, except for common boundaries between golf course, recreation and paric uses, and water management facilities, in which case the setback is zero (0~ feet. 3) Maximum height of structures: Fifty (50~ feet, unless abutting a residendally zoned parcel, then thirty five (35~ feel 4) Minimum ~listance between principal buildings: Five (57 feet - I and 2 story buildings that arc a part of an architecturally unified grouping of structures. Ten (10T feet - 1 story. Twenty (205 feet - 2 story. 4-2 5) Setback for structures from parcel boundaries abutting residential areas: Twenty (20') feet - principal structures. Ten (107 feet - acoessoi'y Structures. 6) Parking for the community center/clubhouse shall be one space per every two hundred (200) square feet of gross floor area, which shall be considered inclusive of required golf come parking. 7) Standards for parking, landscaping, signs, guard houses, entranc~ gates and other land uses not specified herein are to be in accordanc~ with Collier County Zoning and Signage regulations in effect at the time permits ar~ requested unless otherwise specified herein. Unless otherwis~ indicated, setback, heights, and floor area standards apply to principal strucaar. s. 8) A 20' landscat~ buffer shall be provided along Golden Gate Parkway within the northwest quadrant adjacent to the golf course corridor. SECTION V CONSERVATION AND OPEN SPACE AREAS 5.01 PURPOSE The ptn'tx~se of this Section is to set forth the regulations for m designated as conservation and open space. 5.02A PERMITTED USES AND STRUCTURES - CONSERVATION AREAS 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: 1) Passive recreational ar~as, boardwalks, obs~rvation platforms. 2) Biking, hiking, health and nature trails, canoe launches, golfcar~ paths. 3) Water management facilities, roadway crossings and utility crossings. 4) Lighting and signage. 5) Any other activity or us~ which is comparable in nature with the foregoing uses and which the Co!Iier County Planning Services Manager or the City Community D~elopment Director det~'mines to be compatible with the intent of this district 5.02B PERMITTED USES AND STRU~S - OPEN SPACE AREAS No building or struct'tn'~, or part thereof, shall be erected, altered or used, or land or water us~ in whole or in part, for other than the following: 1) Parks, passive r~creational areas, boardwalks, observation platforms, 2) Biking, hiking~ health and natu~ trails, boat docks, ~sl'ting piers, cano~ launche~, boat storage, golf cart paths, 3) Eque~rian paths. 4) Water management facilities and lakes, as approv~d by the South Florida Water Management District, roadway crossings and utility crossings. 5-I 5) Recreational shelters, active park facilities, and restroom, offstreet parking, lighting and signage. 6) Any other activity or use which is comparable in natur~ with the foregoing uses and which the Collie County Planning Services Manager or the City Community Development Director determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS 1 ) Overall site design shall be harmonious with the area's natural characteristics. 2) All work proposed in wetland ,u'eas designated on the Master Plan shall be reviewed and approved by the Collier County environmental staff and appropriate county, state or federal regulatory or jurisdictional agency prior to the commencement of any such activity. 3) The County may request copies of permits from all appropriate regulatory agencies or jurisdictional agency prior to consauction plan approval. Conservation areas are subject tojurlsdictional agencies review and listed usages do not guarantee that those usages will be approve& 4) Standards for parking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits am requested unless otherwise specified herein. 5-2 SECTION VI COMMERCIAL 6.01 PURPOSE The purpose of this section is to set forth the regulations for the area designated on Map H PUD Master Plan, as 'C" Commercial "O/C" Office Commercial, "C/IT' Commercial Hotel, "O" Office, and "Town Center". These are areas located within a designated activity center, therefore permitted uses for these tracts arc intended to be inclusive of all types allowed by the City of Naples and the Collier County Zoning Ordinance. 6.02 PERMITTED USES AND STRUCTURES No building or swucture, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: 1) Pertained Principal Uses and Structures for C, O/C, C/H, and Town Center Tracts: (a) Antique shops; appliance stores; art studios; art supply shops; automobile paxis stores; automobile service stations without repairs (See Section 2.6.28)* 1; awning shops. (b) Bakery shops including baking; bait and tackle shops*2; banks and fmanciai institutions, including drive-in windows; barber and beauty shops; bath supply stores; bicycle sales and sendces; blueprint shops; bookbinder, book stores; business machine services; business offices, building maintenance services and building supplies, (c) Cabina shops, canteen services, building maintenance services, building supplies, carpet and floor covering sales - which may include storage and ins~n]lation; car wash; child care centers; churches and other places of worship (Se~ Section 2,6,10)*1; clothing stores; cocktail lounges (Se~ Section 2,6,10)'1; commercial schools; confectionery and candy stores, concessions and vendors; civic and cultural facilities colleges, universities and schools; convalescent centers and nursing homes; computer sales and services*2. (d) Delicatessens; department stor~; drug stores; dry cleaning, coiled'tinS and delivery; dry goods stores; drapery shops; department stores. (e) Ele~rical supply store. s; cxpres~ office; employment agencies; equipment rentals r~mir and sales including lawn mow~l's and power saws. 6-I (f) Farmers market*2, fish stores - retail only; florist shops; fraternal and social clubs (See Section 2.6. I 0)* 1; food markets; furniture stores; furrier shops. (g) Garden supply stores - outside display in side and rear yards*2; gift shops; glass and mirror sales - including storage and installation; goutmet shops; gunsmiths. (h) Hardware stores; health food store; homes for the aged; hospitals and hospices; hotels, motels and transient lodging facilities; hobby supply stores. (i) Ice cream stores, indoor commercial recreation, interior decorating showrooms. Jewelry stores. (k) Laundries; laboratories, film research and testing; leather goods; luggage stores; linen supply shops; lithograph; laboratories; liquor stores; locksmiths; lakes and water bodies with seawalls and architectural bank treatmc-nts, or conventional lake banks. (1) Markets - food; markets - meat; medical offices and clinics; millinery shops; motion picture theaters; museums; music stores; mortgage brokers. (m) New car dealerships - outside display permitted; news stores; night clubs*2 (See Section 2.6.10)* I; (n) Office- general - business, and professional; office supply stores. (o) Paint and wall paper stores; post offices; pet shops; photographi~ equipment stores; pottery stores*2; printing*2; publishing and mimeograph service shops*2; private clubs*2 (Sea S~ction 2.6.10)'1; plumbing shops and supplies. (p) Radio, television and appliance sales and services; radio stations (offices and studios), and auxiliary transmitt~'s and receiving equipmcnts, but not principal transmission tower;, research design and development; real estate offices; rest homes; restsurants -including drive-in or fast food restaurzmts and full service (See Section 2.6.10)'1; rctsil sales of usexl goods; all uses permitted in Section III and IV of this docuraant - subject to development standards identified in those Sections. (q) Small scale retail sales other tha,-~ shopping centers; shoe sales and repair, shopping center~ (See Section 3.3)* 1; souvenir stores; stationery stores; supermarkets; sanatoriums; and interim sewage treatment plant*2. (r) Tailor shops; taxidermists; tile sales - ceramic tile; tobacco shops; toy shops; tropical fish stores; telephone exchange shops; transportation, communication and utility offices. ' (s) Variety stores; vehicle rentals, velerinltrian offices and clinics - no outside kennels. (0 Watch and precision instrument sales and repair shops. (u) Any other commercial use or professional service which is comparable ia nature with the foregoing uses and which the Collier County Planning Services Manager or the City Community Development Director determines to be compatible in the district. (v) Any other commercial uses set forth in the City of Naples Development Agreement. 2) Permitted Uses and Structures for "O" (Office) Tracts: (a) Art Studios (b) Banks and financial institutions, including drive-in windows; book stores; business offices. (c) Child care centers; churches and other places of worship (see Section 2.6. I 0); commercial schools; civic and cultural facilities; colleges, universities and schools. (d) Express office; empIoyment agencies. (e) Fraternal and social clubs (See Section 2.6.10)'1. (f) Homes for the aged; hospitals and hospices. (g) Laboratories; lakes and water bodies with seawalls and architectural bank tr,,atments, or conventional lake banks. (h) Medical offices and clinics; mortgage brokers. (i) Office - general - business, and professional; offifice supply stores. (j) Private clubs*2 (See Section 2.6.10). (k) Radio stations (bffices and studios, and auxiliary transmitters and receiving equipment, but not principal transmission tower); research design and development; real estate offices; all uses permitted in Section III and IV of this document - subject to development standards identified in those Sections. (I) Transportation, communication and utility offices. (m) Veterinarian offices and clinics - no outside kennels. (n) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Collier County Planning Services Manager or ~e City Community Development Director determines to be compatible in the district. 3) Permitted Accessory Uses and Structures: Accessory uses and structures customafily ' associated with the uses permitted in this district. (a) Caretaker's residence (See Section 2.6.16)*. 6.03 Development Standards 1 ) Minimum Lot Area: Ten thousand (10,000) square feet. 2) Minimum Lot Width: One hundred feet 3) Minimum Setback Requirements (Internal): (a) Front setback - Twenty feet (20'). (b) Side setback - None, or a minimum of five feet (5') with unobslrueted passage from from to rear yard. (e) Rear setback - Fifteen feet (15'). (d) Waterfront setback-Zero feet (0') to searhall, bulkhead, or ~p rap, otherwise fifteen feet (15'). (e) Parcels with two frontages may reduce one front setback by ten feet (1 4) Minimum setbacks and buffers from external right-of-ways: (a) Golden Gate Parkway - Fifty foot (505 setback, Twenty foot (205 landscape buffer. (b) Airport Road and Livingston Road - Twenty foot (20.) plus two feet (2') for every one foot (1') of building height; twenty foot (20D landscape buffer. 5) Maximum Height: Fifty (50) feet. 6) Minimum Floor Area of Structures: One thousand (1,000) square feet per building on the ground floor. Kiosk vendors, concessions, and temporary or mobile sales structures are permitted to have a minimum structure of twenty-five (25) square feet, and are not bound by setback requirements. 7) Maximum Floor Area Ratio (FAR) for Commercial Uses: Based on gross leaseable floor area (GLFA) and acreage. Retail: .30 Project total 649,638 GLFA Office: .35 Project total 653,453 Gross Floor Area 8) Maximum Density of Hotel, Motel and Transient Lodging Facilities: 30 rooms per 9) Distance Between Structures: Same as for side yard setback. 10) Standards for paxking, landscaping, signs, guard houses, entrance gates and other land uses not specified herein are to be in accordance with Collier County Zoning and Signage regulations in effect at the time permits are requested unless otherwise specified herein. Unles~ otherwise indicated, setback, heights, and floor area standarda apply to principal structure. 1 I) A twenty-five (25) foot landscape strip of land shall be provided along all arterial road commercial fi'ontages. 12) The public internal loop road in the Northeast quadrant shall be eonatrueted in accordance with Collier County standards. * I These section references are from the Collier County Land Development Code. '2 Northeast and Southeast quadrants only. 6-5 SECTION VII GENERAL DEVELOPMENT COMMITMENTS 7.01 PURPOSE The purpose of this Section is to set forth the development commitments of the project. 7.02 P.U.D. MASTER PLAN !) The P.U.D. Master Plan - Map H is an iljustrative preliminary development plan. The design criteria and layout iljustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with all applicable requirements of this ordinance. 2) All necessary easements, dedications, or other in.smm~ents shall be granted to insure the continued operation and maintenance of all service utilities. 3) Site design changes shall be pen'nitted subject to Collier County and/or City of Naples staff administrative approval, where such changes are consistent with the intent of this P.U.D. and do not caur¢ significant impact to surrounding properties abutting the Grey Oaks PUD. 7.03 ENVIRONMENTAL 1 ) P~tifioner shall be subject to Collier County Growth Management Plan Conservation and Coastal Management Element Objectives 6.4.6 and 6.4.70rdimmce No. 82-2 as mended by Ordinance ]qo. 89-49 and Ordinance No. 75-21 as mended by ice No. 89-58. The 25% shall be monitored at each site clcarlng plan submittal. The petitioner shall receive credit from any phase where the 25% mount is exceeded to be applied to a phase wher~ it is not. In any phase of development where credit toward the 25% is needed the petitioner shall delineate on the site clearing plan the percentage of viable natunl ly functioning native vegetation retained and/or areas of landscaping and open spac~ which art: planted with native species. The petitioner shall show the calculations on each site clearing plan which totals the overall 25% for the project build-out. 2) Petitioner $MII obtain all n~ local, state and federal permits. Copies of appropriate jurisdictional delineations arc required at the time of subdivision master plan per the County Engineer. 3) Protected plant species (butterfly orchid) and those which may be observed during each construction phase shall be protected from injury or reloeated on site. The 7-1 existing locations as well as the transplantation locations, if warranted, shall be identified on the site clearing plan for each phase of construction. 4) The petitioner must re~ive all appropriate fate approvals for storing and handling hazardous materials prior 'to construction of the golf maintermac~ facilities. All haTardous materials will be stored in a central location, removed fi'om the Gordon River headwaters or Golden Gate Canal. There will be no storage of hazardous materials, that is in excess of two (2) days supply, at the satellite facilities. However, petroleum storage at these facilities shall be allowed, but only in above ground storage facilities constructed and maintained in accordance with EPA and FDER standards. The petitioner shall submit any required contingency pla~ approved by appropriate state and federal agencies for clean up and mitigation of authorized release of baTnrdotl3 materials. 5) Buffers around protected wetlands shall comply with South Florida Water Management District criteria. 6) Development of Grey Oak~ shall proceed in accordance with the contents of this document, PUD-Planned Unit Development District, applicable sections of the Growth Management Plan and the re~xlations in the Collier County Land Develop- merit Code in effect at the time of issuance of any development orders to which said regulations relate governing the permitting and construction of improvements, such as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit and Preliminary Work Authorization. Where these regulations fall to provide development stmadards then the provisions of the most similar district in the Cotmty Land Development Code shall apply. 7) Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit (ERP) rules and regulations, as well as the U.S. Army Corps of Engineers Section 404 permitting program. Removal of exotic vegetation shall not be the sole means of mitigation for impa~ts to Collier County jurisdictional wetlands. 8) All conservation areas shall be recorded on the plat with protective covenants per or similar to Section 704.06 of the Florida Statutes. Conservation ~eas shall be de. Aiea!ed on the plat to the project's homa ownca' association or lik~ entity for ownership and maintenance responsibilities, and to Collier County with no responsibility for maintenance. 9) An exotic vegetation eradication, monitoring, and rnaintenanca (exotic free) plan for the site, with emphasis on conservation/preservation areas, shall be submitted to the Current Planning Environmental Staff for review and approval prior to final site plan/colon plan approval. 7-2 10) Pctltioncr shall coordina~ protected wildlife sl~cies issues through the ER.P and Corps Section 404 permit review process and comply with the guidelines and recommendations of the U.S. Fish and Wildlife Servic~ (FWS) and Florida Game and Fresh Water Fish Comrni~ion (F(3FWFC) made part of any EKP or Section 404 permit issuance. Where protecteel slx:cies occur on site, a HabitaI Management Plan for those protected species shall bc submitted to Current Planning Environmental Staff for review and approval prior to f'h';d site plan/construction plan approval. 7.04 WATER. MANAGE1V[ENT 1) Detailed, paving, grading and site drainage plans shall b~ submiRed to Engineering Review Services for review. No consU~ction permits shall b~ issued unless and until approval of the proposed construction in accordanc~ with the submitted plans is granted by Engineering R~view Services. In accordanc~ with the Rules of the South Florida Water Management District, (SFWMD) Chapters 40F_,-4 and 40E-40, this project shall be designed for a storm event of 3-day duration and 25-year return frequency. 3) An Excavation P~it will be required for the pwposed lale~s) in accordance with Collier County Ordinance No. 8a-26 and SFWMD Rules. Several of the lakes proposed do not meet the m~n~m~lll setback reqll~mellts of Or~ce g~-26. The master plan shall be revised to meet the miniram setback re411ireznellts or documentation shall be provided during the Subdivision Master Plan process to allow a redu~on in the setback with appropriate barriers provided. 4) The lake and swale typical cross-sections shall conform to all applicable County 5) This project is recommended for appro~/for x~zoning and DRI purposes only. Detailed site drainage plans of each dr,~sSe sub-basin shall be submilled to the Envlromnen~ Advisory Board, or its stwcessor, for review. No construction permits shall be issued unless and until approval of each individual drainage sub-basin is 6') An aecuted agreement between the applicanI, Big Cypress Basin and the South Florida Water Management District, detailed plans and associated documentation relating to th~ installation of the new control smwture and the relocation of the existing amil gate stru~,~re including bad; pump facilities shall be submitled to Engineering Review Services for review ludor to construction plan approval. 7-3 7) A copy of the South Florida Water Management District Conceptual Permit or favorable staff report shall be required prior to Subdivision Master Plan approval. g) A copy of South Florida Water Management District Permit or Early Work Permit is required prior to construction plan approval. 9) Documentation from Florida Power and Light allowing use oftheir right-of-way for th; purposes of water management shall be provided prior to Subdivision Maswr Plan approval. 10) This approval does not constitute agreement by the County to any control elevation or discharge rate. All agreements shall be made with South Florida Water Management DistricffBig Cypress Basin. 7.05 TRANSPORTATION 1 ) The developer shall provide appropriate le~ and/or right turn lanes on Airport Road, Golden Gate Parkway and Livingston Road at all project accesses. 2) The developer shall provide arterial level street lighting at all project asses. 3) The developer shall provide a fair sham contribution toward the capital cost of traffic signals, including interconnection where applicable, at any project access when deemed warranted by the County. The signals will be owned, operaled and maintained by Collier County. 4) Livingston Road Right-of-Way Dedication: a) The developer shall dedicate sufficient right-of-way north of Golden Gate Park'way to establish a tight-of-way corridor 120 feet in width along the entir~ length of the developet's property, taking into consideration the existing Livingston Road tight-of-way easement. Additional right-of-way within the Florida Power and Light easement may be required subject to approval and releases by Florida Power and Light. The developer shall pay, or may utilize reduction of existing impact fee credits in the mount of $ 30,000 in full satisfaction of the developer's obligation to reimbtu-se the County for the County's costs in negotiating and obtaining any approval and releases by Florida Power and Light necessary to fulfill the 120 foot fight-of-way width requirt~ent. b) The developer shall dedicate 50' feet or road fight-of-way south of Golden Gate Parkway along the length of the developers property. In addition, for a distance of 200 feet south of Golden Gate Parkway, the developer shall 7-4 dedicate an additional 50 feet in width immediately west of the aforementioned fight-of-way. Said additional 50 feet in width may be in the form of a 25 foot wide road right-of-way dedication and a 25 foot wide easement for drainage, water management, landscaping, and bikepath use. For the next 800 feet south of Golden Gate Parkway, the developer shall dedicate a strip of land tapering from 50 feet in width in the north to 0 feet in width in the south, in a diminishing line immediately west of the aforementioned right-of-way. Said additional property shall, to the extent it exceeds 25 feet, be in the form of an easement for drainage, water management, landscaping, and bikepath use. The "easements~ (as opposed to the dedications) specified herein may be used to satisfy all or part of the setback and buffer requirements for the adjacent property. The land to be dedicated by the developer, as described above, consists of a total of 3.891 acres, and is identical to parcels 137 and 937 which are the subject of a the developer shall be entitled to impact fee credits for the 3.891 acres comprising parcels 137 and 937 at the rate of $85,000 per acre for a total~ credit of $330,735 for this additional land dedication. The requirement in Grey Oaks DRI Development Order 90-3 at pangrap 5.c.(iv) that the applicant build Livingston Road from Golden Gate Parkway amount of One Hundred Eighty-Five Thousand Dollars ($185,000). 5) The developer shall dedicate 40 feet of right-of-way along the north side of Golden Gate Parkway west of Airport Road along the entire length of the developer's property, shall incorporate the Golden Gate Parkway drainage into the water management system of the developer's project, and shall accept all drainage from both a quality and quantity standpoint. 6) The developer shall dedicat~ 40' for right-of-way on each side of Golden Gate Parkway between Airport Road and Livingston Road within four (4) months of a written re, quest from the County. T) Collier County reserves the right to expand the lan~a on Airport Road by adjusting the cross section of the existing canal to incorporate road nm-off in the lake system. 8) The developer shall dedicate sufficient right-of-way at the intersection of Airport Road and Golden Gate Parkway to allow a grade separated urban interchange with Golden Gate Parkway being the grade separated roadway. 7-5 9) All traffic control devices used, excluding street name signs, shall confon~ with the Manu~[ on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. 10) If Collier County adopts a proportionate share or areawide tra~portation assessment program, or modifies its Impact Fee Ordinance, to provide additional credit for fight- of-way dedication, the developer shall be entitled to such a credit townzds the 25 acres more or less of dedication. It is understood that the total amount of land involved in these dedications is equal to 25 acres more or less. !I) The number, type, and location of, and allowable chlmges to project access intersections with County roads shall be as set forth in Exhibit D to the Halstatt DIll/Grey Oaks Development Order. 12) Impact fee payments shall be made to Collier County pursuant to the Impact Fee Ordinance in effect at the time of relevant permit application, said Impact Fee Ordinance currently being Ordinance 90-14, amending Ordinance 85-55. 13) The developer recognizes that when the County expands Golden Gate Paxkway to a six-lane configuration, the County will be desirous of assistance in conveyance of the additional storm water discharge from Golden Gate Parkway to the Golden Gate Canal. County and Developer agree to explore whether it would be in their individual best interests and mutual advantage for developer to incorporate some of the storm water discharge from Golden Gate Parkway into the water management system for the southeastern quadrant of Grey Oaks. In the event the parties ~ that it is in their respective best interests for developer to accept said stormwater for conveyance and water quality, cost sharing or impact fee credits may be used to recompense the developer for costs associated with said conveyance or storage. 7.06 LrrILITIES 1 ) The water distribution system and appurtenant facilities to serve the project are to be designed, constructed, conveyed, owned and maintained pursuant to the req~ents of the City of Naples. 2) The s~vaie collection, tmu~ssion and treatment and disposal facilitie$ to serve the portion, of the project on the west side of Airport Road are to be designed, construction, conveyed, owned and maintained pursuant to the requirements of the City of Naples. 3) Pwvisions for sewer service to those portions of the project lying on the east side of Airport Road shall be as follows, unless a service area modification is appmved 7-6 between the City of Naples and the Collier County Water-Sewer District prior to the submission of subdivision master plan applications to Collier County for the project. a) The sewage collection and transmission and interim sewage treatment facilities to serve the potions of the project on the east side of Airport Road are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as mended, and other applicable County rules and regulations. b) All customen connecting to the sewage collection facilities to be consu~cted 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 sewer service to the project, the sewer 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. c) It is anticipated that the County Utilities Division will ultimately receive and treat the sewage generated by this project Should the County system not be in a position to receive the project's wastewater, at the time development commences (that generates wastewater), the Developer, at his expense will install and operate interim on-site sewage treaunent and disposal facilities adequate to meet all r~quixements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer, his assigns or successors regarding any interim treatment facilities m be utilinxi. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the rcxtuirements of Collier County Ordinance No., 88-76, as amended. d) The utility construction documents for the project's sewerage system shall be prepared to contain the design and conslxuc~on of the on-sit~ force main which will ultimately connect the project to the future central sew,zrage facilities of the District in the Airport Road rights-of-way. The force main must be extendexl from the main on-site pump station site to the east right-of- way line of Airport Road and capped. It must be interconnected to the pump station with appropriately loc~L, xi valves to permit for simple redirection of the project's sewage when connection to the County's central sew~ facilities becomes available. e) Prior to the approval of construction documents that pmvlde for development that generates wastewater by the County, the Developer must present verification, pursuant to Chapter 367, Florida Statutes, that the Florida Public 7-7 Service Commission has granted territorial rights to the Developer to provide the service through its sewer facilities. f) The project's Developer(s), his assigns or successors shall negotiate an Agreement with the Collier County Water-Sewer District for the use of treated sewage effluent within the project limits, for irrigation purposes. The Developer would be responsible for providing all on-site piping and pumping facilities from the County's point of delivery to the project and negotiate with the County to provide full or partial on-site storage facilities, as required by the DEP, consistent with the volume of treated wastewater to be udlizeA. g) Subdivision master plans shall identify the location of interim wastewater treatment facilities required. In addition, documentation must b¢ provided to verify that the site is of adequate six for the facility intended. 7.07 SIGNAGE 1 ) General a) All County sign regulations shall apply unless such regulations are in conflict with the conditions set forth in tiffs section. b) For the purpose of this PUD DocumcntYOrdinancc, each platted parcel shall bc considered a sopante parcel of land and shall be entitled to any sign as permitted herein. c) Should any of the signs be requested bc placed within the public fight-of-way, a right-of-way permit must be applied for and approvcd. d) All signs shall be located so as not to cause sight distance problems. 2) Entnmcc Signs a) Two (2) signs with a maximum area of 60 utuare feet each or one (I) sign with It maximum area of 100 squa~ feet shall bc permitted at each entrance of the development. b) Eatranccaignsahallnotcxe, ccdaheightoffiRccn(lS)fcctabovcthefmished ground level of the sign sit~. c) Entnmcc signs may be lighted provided all lights arc shielded. 7-8 3) Project Signs a) Project signs, designed to promote the PrOject, or any major use within the project shall be permitted along the east and west side of Airl~rt Road, the north and south side of Golden Gate Parkway, and the west side of Livingston Road, and on all land tracts within Grey Oaks PUD limits subject to the following conditions: I ) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feel 2) A maximum of fourteen (14) project signs shall be permitted. Six (6) located along Airport Road frontage, four (4) each located along Golden Gate Parkway and Livingston Road frontage. The location of such signs shall generally be limited to a one-quarter mile spacing requirement unless existing vegetation requires a somewhat closer spacing. An additional 5 intersection signs shall be permitted at the intersections of Golden Gate Parkway with Airport Road and Livingston Road. 3) Project signs my be lighted provided all lights arc sMelded. 7.08 ENGINEERING 1) Detailed paving, grading, site drainage and utility plans shall be submitted to Engineering Review Services 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 Engineering Review Services. 2) Design and construction of all improvements shall !~ subject to compliance with the appropriate provisions of the Collier County Ordinances regulating subdivisions, unless otherwise approved as an exception to said regulations during Subdivision Approval. 3) Platting shall be ac~:omplished when required by Collier County Ordinances regulating subdivisions. 4) Work withtn Collier County right-of-way shall meet the requirements of Collier County Right-of-way Ordinance 82-91. 7-9 5) Internal access into tracts as shown on the PUD Master Plan is informational only. Exact locations shall be determined during Subdivision or Site Development Plan approval. 7.09 EXCEPTIONS TO SUBDIVISION REGULATIONS Exceptions to subdivision regulations shall be requested at the time of application for subdivision approval in accordance with applicable subdivision rel~ulafions in effect at the time of development. 7.10 SCHOOL DISTRICT The applicant shall dedicate a fifteen (15) acre school site to the Collier County School District at a location (off-site) agreed upon between the Applicant and the School District. 7. I I FIRE STATION/EMS SITE The applicant shall dedicate a 1.5 acre sitc for use by the North Naples and the East Naples Fire Districts, together with Collier County Emergency Medical Services. The site shall be dedicated in fcc simple, subject to the following conditions: 1 ) The site shall revert to the owner if it is not utilized for a fire and rescue facility for at least five (5) years. 2) If either fire district for thc Emergency Medical Services adopts impact fees the Applicant shall be entitled to impact fee credit for the dedicated site based on the fair market value on the date of dedication. G:~USERS~.ANA\Wp~GREYOAKSXPUD.FNL October 22, 1998 7-10 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. 98-94 Which was adopted by the Board of County Commissioners on the 24th day of November, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 25th day of November, 1998. DWIGHT E. BROCK~ - ' ' Clerk of Courts and:'Cierkr'' i..:.. ". Ex-officio to Board of Cou~ B~.~Maureen Ke~y6n '. Deputy Clerk '. ". ....... ...... ....