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Ordinance 97-36 AN ORDINANCEAMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPO~TED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAPS NUMBER 8619S and 8619N; BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "A" RU~L AGRICULTU~L TO "PUD"~ PLANNED UNIT DEVELOPMENT KNOWN AS CYPRESS WOO~ GOLF & COUNTRY CLUB FOR A MIXED RESIDENTIAL GOLF COURSE MASTER PLANNED COMMUNITY FOR PROPERTY LOCATED NORTH OF IMMOKALEE ROAD AND IMMEDIATE~ CONTIGUOUS THE EAST SIDE OF INTERSTATE HIGHW 75 IN THE EAST PORTION OF IN SECTIONS 18 AND 19,~ TOWNSHIP 48 SOUTH, ~NGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 283 ACRES, MORE OR LESS ; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Bill Hoover of Hoover Planning Shoppe, representing Northbrooke Development, Ltd., Bonita Grande Hotel Corporation and Land Trust 5405, RicX-qrd K. Bennett, Trustee, 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 18 and 19, Township 48 South, Range 26 East, Collier County, Florida, is changed from "A" Rural Agricultural to "PUD" Planned Unit Development in accordance with the Cypress Woods Golf & Country Club PUD Document, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps Number 8619S and 8619N , as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. SECTION TWO: This Ordinance shall become effective upon filing with the Department of State. -1- PASSED AND DULY ADOPTED by the Board of County Commissioners or coni~ county, norida, thi, ..2~'~ d~y o~ Z2~,/' , .. BOARD OF COUNTY COMMISSIONERS i' .' ~1.. .' ..... ,.. "... ~.' COLLIER COUNTY, FLORIDA ~~ ~H.. ..B. -. '~':" ~ ", u . . BY: A~D..LEGAL SUFFICIENCY ond ocknowled3ement ~/~ ~~- finn received this ~RJO~E M. ASSISTANT COUNTY ATTORNEV f/ND-97-8 -2- CYPRESS WOODS GOLF AND COUNTRY CLUB PUD A PLANNED UNIT DEVELOPMENT PREPARED FOR: NORTHBROOKE DEVELOPMENT, LTD. BONITA GRANDE HOTEL CORPORATION AS GENERAL PARTNER FRANK W. COOPER, VICE PRESIDENT 4158 LORRAINE AVENUE NAPLES, FLORIDA 34104 PREPARED BY: WILLIAM L. HOOVER, AICP HOOVER PLANNING SHOPPE 5051 CASTELLO DRIVE, SUITE 220 NAPLES, FLORIDA 34103 AND GEOFFREY G. PURSE, P.E. PURSE ASSOCIATES, INC. 4450 BONITA BEACH ROAD, UNIT 9 BONITA SPRINGS, FLORIDA 34134 DATE FILED APRIL 25, 1997 DATE REVISED AUGUST 26, 19.97_ DATE REVIEWED BY CCPC .. JULY 17, 1997 DATE APPROVED BY BCC AUGUST26. 19~)7 ORDINANCE NUMBER 97-36 TABLE OF CONTENTS PAGE TABLE OF CONTENTS i LIST OF EXHIBITS ii STATEMENT OF COMPLIANCE 1 SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 3 SECTION II PROJECT DEVELOPMENT REQUIREMENTS 6 SECTION 111 RESIDENTIAL ARF. AS PLAN 10 SECTION IV GOLF COURSE/RECREATIONAL AREAS PLAN 14 SECTION V PRESERVE AREAS PLAN 16 SECTION VI DEVELOPMENT COMMITMENTS 17 LIST OF EXHIBITS EXHIBIT A PUD MASTER PLAN (ENTIRE AREA) EXHIBIT B PUD MASTER PLAN (SOUTH HALF ONLY) EXHIBIT C PUD MASTER PLAN (NORTH HALF ONLY) EXHIBIT D PUD CONCEPTUAL WATER MANAGEMENT PLAN EXHIBIT E LEGAL DESCRIPTION EXHIBIT F DETAIL OF ROADWAY WITHIN PLATTED AREA OF PUD STATEMENT OF COMPLIANCE The development of approximately 285+ acres of property in Collier County, as a Planned Unit Development to be known as Cypress Woods Golf and Country Club PUD will be in compliance with the planning goals and objectives of Collier County as set fodh in the Collier County Growth Management Plan. The residential and golf course facilities of the Cypress Woods Golf and Country Club PUD will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1. The subject property is within the Urban Residential Mixed Use District Land Use Designation as identified on the Future Land Use Map. 2. The subject property's location in relation to existing or proposed community facilities and services pernits the development's residential density as described in Objective 2 of the Future Land Use Element. 3. The approximate southern 108 acres of the project is located within the Residential Density Band around the Interstate 75 - Immokalee Road (C,R. 846) Interchange Activity Center, as described within the Density Rating System of the Future Land Use Element. 4. The project development is compatible and complimentary to surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 5.' Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. 6. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3.1,H and 3.1.L of the Future Land Use Element. 7. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 8. The projected density of 2.80 dwelling units per acre is in compliance with the Future Land Use Element of the Growth Management Plan based on the following relationships to required criteria: Re.qardin_q the Approximate Southem 108± Acres of the Site Base Density 4 dwelling units/acre Activity Center Density Band +3 dweIlino units/acre Maximum Permitted Density 7 dwelling units/acre Acreac~e permitted Density-Units Requested Density. Units 108 7 units/acre -756 units 3.46 units/acre -374 units Reg~.r.ding the Approxim.ate N0rthem 177± ACreS of f, he Site Base Density 4 dw~llin.q unitS/acre Maximum Permitted Density 4 dwelling units/acre Acreac~e Permitted Density-Units Requested DensitY-Units 177 4 units/acre -708 units 2,40 units/acre -425 units Re~ardinc~ the Entire Proiect Acreage Permitted Density-UnitS Requested DenSity-UnitS 285 5.15 units/acre--1464 units 2.80 units/acre -799 units 9_. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Cypress Woods Golf and Country Club PUD. '1.2 LEGAL DESCRIPTION The subject property bei~':g 285+ acres, and located in Sections 18 and 19, Township 48 South, and Range 26 East, is described as: 1.3 PROPERTY OWNERSHIP The subject property is owned by: Land Trust 5405 Richard K. Bennett, Trustee 865 Fifth Avenue South _ Naples. Flodda 34102 The property is under contract to purchase by: Northbrooke Development, Ltd. Bonita Grande Hotel Corporation as General Partner Frank W. Cooper, Vice President 4158 Lorraine Avenue Naples, Flodda 34104 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The subject property is adjacent to and east of the Interstate 75 dght..of- way, and fronts along Northbrooke Drive, (unincorporated Collier County), Florida. It extends from 1/4 mile north of !mmokalee Road to 2 miles north of Immokalee Road. B. The entire project site currently has Agricultural Zoning and is proposed to be rezoned to PUD. 1.5 PHYSICAL DESCRIPTION The project site is located within the Cocohatchee River Canal Drainage Basin according to the Collier County Drainage Atlas. Stormwater runoff from the site shall be muted to discharge into the Immokalee Road Canal. Natural ground elevation is approximately 12 to 13 NGVD with the entire site located within FEMA Flood Zone 'X" with no base flood elevation specified. The water management system shall consist of a sedes of lakes and drainage pipes that will convey the water from the north end of the project to the Immokalee Road Canal as it goes under Interstate 75. The existing Cypress heads will be isolated from the water management system because of excess water draining into them from interstate 75. A perimeter berrn set at the 25 year stage shall be placed around the Cypress heads and boundaries of the project will ensure that no off-site water enters the project. The berrning of the off-site flows will in no way effect the drainage of the offsite areas. Per Collier County Soil Legend, dated January 1990, there are 6 types of soil found within the limits of the property: #2 HolDpaw Fine Sand, Limestone Substratum #11 Hallandale Fine Sand fr21 Boca Fine Sand fY23 HolDpaw and Okeelanta Soils Depressional #25 Boca, Riviera, Limestone Substratum and Copeland Fine Sand Depressional #27 HolDpaw Fine Sand The site vegetation consists mainly of: Slash Pine, Cabbage Palm, Cypress, Palmetto, pasture grasses, and Cat-tails within the shallower areas of the borrow pits. The site has been heavily invaded by exotics (i.e. Melaleuca and Brazilian Pepper). 1.6 PROJECT DESCRIPTION The Cypress Woods Golf and Country Club PUD is an 18-hole, pdvate golf course community composed of a maximum of 799 residential units. The project is projected to be completed in three (3) key phases, which are described as: Phase I (between late 1997 - 1999), Phase I1 (between 1999 - 2001), and Phase III (between 2001 - 2003). These residential units are projected to be developed for up to 99 single-family homes and 700 condominiums. The condominium units are projected to be: coach homes, carriage homes, garden apartments, and two- 4 family units. Residential land uses, recreational uses, and signage are designed to be harmonious with one another in a natural setting by using common architecture. quality screening/buffering, and native vegetation, whenever feasible. 1.7 ,,SHORT TITLE This Ordinance shall be known and cited as the "Cypress Woods Golf and Country Club Planned Unit Development Ordinance". SECTION Ii PROJECT DEVELOPMENT REQUIREMENTS 2.1 PURPOSE re fdor h s. Z2 GENERAL A. Regulations for dev~:~:xne~ of the Cypress Woods ~ and Country Club PUD shaft be in accordance with the contents of this document, PUD- Ranned Unit Devedpme~ District and other applicable sections and parts of the Collier County Land Development Coda and Growth Management Plan in effect at the tim of issuance of any development order to which said regulations relate which authorizes the 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 fail to provide developmental standards then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions sat forth in the Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and graphic material presented depicting restrfctions for the development of the Cypress Woods Golf and Country Club PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any vadance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this pet/t/on will be subject to a concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Collier County Land Development Code at the earliest, or next, to occur of either Final Site Development Plan approval, Final Plat approval, or building permit issuance applicable to this development. 2.3 pES.CRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USES A maximum of 799 dwelling units shall be constructed in the residential areas of the project. The gross project area is 285± acres. The gross project density shall be a maximum of 2.80 units per acre. 2.4 RELATED PROJECT PLAN APPROVAL REQUIREMENTS. A. The general configuration of the land uses are iljustrated graphically on Exhibit "A", PUD Master Plan, which constitutes the required PUD Development Plan. Any division of the property and the development of the land shall be in compliance with the PUD Master Plan, Division 3.2 Subdivisions of the Land Development Code, and the platting laws of the State of Fiodda. B. The provisions of Division 3.3, Site Development Plans of the Land Development Code, when applicable. shall apply to the development of all platted tracts, or parcels of land as provided in said Division 3.3 pdor to the issuance of a building permit or other development order. C. Appropriate instruments will be provided at the time of infrastructural improvements regarding any dedications and the methodology for providing perpetual maintenance of common facilities. 2:'5 MODEL UNITS AND SALES FACILITIES A. In conjunction with the promotion of the development, residential units may be designated as models. Such model units shall be governed by Section 2.6.33.4 of the Collier County Land Development Code. B. Temporary sales trailers and construction trailers can be placed on the site after Site Development Plan approval and prior to the recording of Subdivision Plats, subject to the other requirements of Section 2.6.33.4 of the Land Development Code. 2.6 PROVISION FOR 0FF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of earthen matedal and its stock piling in preparation of water management facilities or to otherwise develop water bodies is hereby permitted. Off-site disposal is also hereby permitted subject to the following conditions. A. Excavation activities shall comply with the definition of a 'Development Excavation' pursuant to Section 3.5.5.1.3 of the Land Development Code, ? whereby off-site removal shall be limited to 10% of the total volume excavated but not to exceed 20,000 cubic yards, B. All other provisions of Division 3.5 Excavation of the Land Development Code shall apply, 2.7 OFF STREET PARKING AND LOADING REQUIREMENTS As required by Division 2.3 of the Land Development Code in effect at the time of building permit application, 2.8 0P.EN SPACE/NATURAL HABITAT PRESERVE AREA. REQUIREMENTS A minimum of sixty (60) percent open space, as described in Section 2.6.32 of the Land Development Cc.".e, shall be provided on-site. 2.9 LANDSGAPING AND BUFFERING REQUIREMENTS A. VVhere roads internal to the PUD are parallel to Northbrooke Drive or vehicular use areas abut Northbrooke Ddve, a fifteen (15) foot wide buffer (may be reduced to ten feet in width for areas adjacent to vehicular turn- arounds) shall be located between the internal paved area and Northbrooke Ddve. Such fifteen (15) foot buffer shall have trees at a minimum of 25 foot on-center and a single hedge row, Such trees and shrubs shall meet the standards for plantings, as described within Section 2,4.4 Plant Matedal Standards and Installation Standards, of the Land Development Code. B. Where different types of residential units or land uses within the PUD abut each other, buffedng and screening between them shall not be necessary, due to the unified architectural theme throughout the entire PUD, as described within Section 3.4E, of this PUD Document. C. A berm, berm/wall combination, or berm/fence combination may be provided, at the option of the developer, adjacent to the Interstate 75 fight- c~--'~tay, Any berm, berm/wall combination, or berm-fence combination shall have a height up to eight (8) feet above the nearest northbound travel lane of Interstate 75. The Development Services Director may administratively permit a slope steeper than 4:1 along such borm where such slope will still meet sound engineering and landscaping principles. D. A berm, betre/wall combination, or berm/fence combination may be provided, at the option of the developer, adjacent to the northern boundary of the Northbrooke Plaza PUD, Any berm, berm/wall combination, or ben'n-fence combination shall have a height up to eight (8) feet above its existing grade. The Development Services Director may adminislratively permit a slope steeper than 4:1 along such berm where such slope will still meet sound engineering and landscaping principles. 2.10 ARCHITECTURAL ,~TANDARDS All buildings, lighting. signage, landscaping and visible architectural infrastructure shall be architecturally and aesthetically unified. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and fences/walls to be erected on all of the subject parcels. At the time of Site Development Plan approval, the applicant shall demonstrate such unified architectural theme. 2.11 SIGNS Signs shall be permitted as described within Division 2.5 of the Collier County Land Development Code, exclusive of the following instances. A. A ground sign shall be permitted along the western PUD boundary. Such sign shall contain only the name of the entire 285±-acre PUD project and shall be architecturally compatible with the unified architectural theme of the PUD, as described in Section 3.4E. of this PUD Document. Exclusive of landscaping, such ground sign shall not exceed an area of sixty-four _ (64) square feet. B. Two (2) ground or wall signs shall be permitted at the southern entrance to the entire PUD, located along Northbrooke Drive. Such signs shall contain only the name of the entire 285_+-acre PUD project, names of individual communities within the PUD project, insignia or mottos of the development, and shall be architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Each ground or wall sign shall not exceed an area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. C. Two (2) ground or wall signs shall be permitted at each entrance off of Northbrooke Drive. Such signs shall contain only the name of the entire 285±-acre PUD project, names of individual communities within the PUD project, insig~'~ia or mottos of the development, and shall be architecturally compatible with the unified architectural theme of the entire PUD (as described in Section 3.4E. of this PUD Document). Each ground or wall sign shall not exceed an area of sixty-four (64) square feet, and shall not exceed the height or length of the wall upon which it is located. SECTION I11 RESIDENTIAL AREAS PLAN 3.1 PURPOSE The purpose of this Section is to identify specific development standards for the Residentia{ Areas as shown on Exhibit "A". PUD Master Ran. 3.2 MAXIMUM DWELLING UNITS The maximum number of residential dwelling units within the PUD shall be 799 units. 3.3 PERMITTED USES No building, structure or part thereof. shall be eredeal, altered or used, or land used, in whole or part, for other than the following: A. Permitted PdnCii;>al U~e~ and Structures: 1. Single-family dwellings (includes zero-lot line). 2. Two-family dwellings (includes duplexes). 3. Multi-family dwellings (includes townhouses, garden apartments, coach homes, and carriage homes). 4. Any other use comparable in nature and deemed compatible by the Development Services Director. B. Permitted Accessory Uses and Structures: 1. Customary accessory uses and structures assodated with the permitted principal uses including carports, garages, and utility buildings. 2. Recreational uses and facilities including swimming pools, tennis courts, volleybali courts, children's' playground areas. tot lots, boat docks, walking paths, picnic areas, recreation buildings, golf courses, and basketball/shuffle board courts. 3. Temporary sales trailers and model un~.s. I0 4. Gatehouse and/or entrance gate features. 5. Essential services, including interim and permanent utility and maintenance facilities. 6. Water management facilities. 3.4 DEVELOPMENT ~STANDARDS A. Table I sets forth the development standards for residential land uses within the Cypress Woods Golf and Country Club. Front yard setbacks in Table i shall be measured as follows: 1. If the parcel is served by a public or private fight-of-way, setback is measured frc~,'~ the adjacent right-of-way line. 2. It the parcel is served by a non-platted private drive, setback is measured from the edge of pavement. If the parcel is served by a platted private drive, setback is measured from the road easement or property line. (a) Carports are permitted within parking areas. (b) Garages are permitted at the edge of vehicular pavement. which provides access to a designated parking space. TABLE i ~RE,,~IDENT!,,AL DEVELOPMENT tTANDAR,D$, ~TANDARD$ $1NGLE~-FAMILY ~TW(p-FAMIL.Y. MULTI-FAMILY 4~Winimum Lot Ar~a (oer unit) 6,000 Sq. Ft, 5,000 Sq. FL NA ~inimwn Lot Width NA tntedor Lots 50 FL 80 Ft. (40 Ft.) (1) Corner Lots 60 FL 100 FL (50 Ft.) (1) Front Yard Setback Main/Principal 20 Ft. 20 Ft. 25 Ft. Accessory 20 FL 20 FI. 15 Ft. Architectural Theme/Unified Plan (2) (2) (2) Side Yard Setback MalrVPdncipal 1Story 5FLorO&10Ft.(3) 5FLOr0&7.SFt.(3) '10Ft. orl/2BH 2 Story 7.5 FL or 0 & 15 Ft. (3) 7.5 R. or 0 & 10 Ft. (3) 12.5 Ft. or lr'2 BH 3 Story NA NA 15 FL or 1/2 BH Accessory NA NA 15 Ft. or 1/2 8H Architectural Theme/Unified Plan (2) (2) (2) Rear Y~r~ ~;~tback: Main/Principal 20 FL 20 FL 20 Ft. Acces~:~ry 10' Ft. 10 Ft. 10 Ft. Architectural Theme/Unified Plan (2) (2) (2) Distance Between Structures Mair',.'Principal I Story 10 R. 10 Ft. 15 Ft. or 1/2 SBH .2.Story 15 Ft. 15 Ft. 20 Ft. or 1/2 SBH 3 Story NA NA 25 FL or 1/2 SBH Accessory 10 FL 10 FL (see Exhibit 'A') Architectural Theme/Unified Plan (2) (2) (2) Other Setbacks Lake (4) 20 Ft. 20 Ft. 20 FL Preserve 25 Ft. 25 R. 25 Ft. Parking Lots NA NA (5) Principal Building 35 Ft. & 2 stories 35 Ft. & 2 stories 38 Ft. & 3 stories Accef, sory Building 20 Ft. 20 Ft. 20 Ft. Minimum Floor Area 1200 Sq. Ft. 1100 Sq. Ft. I bedroom -- 850 Sq. FL 2 Bedroom = 1000 Sq. FL 3 Bed-room -- 1100 Sq. FL 12 Fcotn0t&~ to Table I (1) Minimum lot frontage in parenthesis applies in cases where a dwelling un/t in a 2 family structure is on an individually platted lot. (2) Reduced development standards may be approved for Architectural Theme Unified Plan projects provided a Site Development Plan is approved pursuant to Division 3.3 of the LDC. Projects must demonstrate unique characteristics to justify application of reduced standards. (3) in the case of buildings employing a zero (0) yard setback, the opposite interior lot line shall provide 7.5 to 15 feet of setback, Additionally projects employing a zero (0) lot line development shall submit a plan of all of the lots in the project identifying building envelope locations to Customer Services prior to the issuance of the first building permit for a zero (0) lot line dwelling uniL (4) Lake setbacks are measured from the control elevation established for the lake. (5) Off street parking required for multi-family uses shall be accessed by parking aisles or driveways which am separate from any roads which serve more than one developmenL A green space area of not less than ten (10) feet in width as measured from pavement edge shall separate any parking aisle or driveway from any abutting road. . (6.) . Three (3) story buildings shall be setback a minimum of three hundred (300) feet from the western boundary line of Quail Creek. SECTION IV GOLF COURSE/RECREATIONAL AREAS PLAN 4.1 PURPOSE The purpose of this Section is to identify specific development standards for the Goff Course/Recreational Areas as shown on Exhibit "A", PUD Master Plan. 4.2 PERMITTED USES No building, structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Principal U-,.,es and Structures: 1. Golf Course. 2. Community center/clubhouse. 3. Golf course maintenance building and golf cart storage. 4. Golf course concession building, rest areas and restrooms. 5. Water management facilities and essential services. 6. Open space recreational activities and uses. 7. Any other use comparable in nature and deemed compatible by the Development Services Director. B. P..~rmitt~;l Accessory Uses and Structures: 1. Customary accessory uses and structures associated with the principal uses of this district. 2. Pro shops, golf equipment retail sales, and golf course management 3. Putting greens and aqua range. 4. Swimming pools, tennis courts, shuffleboard court, basketball court, health club, and spa. 14 5. Offices for managing the clubhouse, community center, and the leasing of residential units within the PUD while the homeowners are out of town. 6. Restaurants and cocktail lounges intended to serve dub members and guests of club members/country dub. 7. Intedm real estate office exclusively for the initial sale of the residential units and golf course memberships within the PUD. 4.3 DEVELOPMENT STANDARDS A. Table I! sets forth the development standards for golf course/recreational land uses within the Cypress Woods Golf and Country Club. TABLE II (~OLF COURSE/RECREATIONAL DEVELQPMENT 8TANIi:).ARDS CLUBHOUSFJRECREATiO.N GOLF COURSE BUILDING~;ICOMMUNITY MAINTENANCE $TAN DAR DS C,,ENTER, BUILDING .Tract Boundan/Setback Principal Structure 10 Ft. 10 Ft. Accessory Structure 10 Ft. 10 Ft. PUD Boundary Set.b~Ck 20 Ft. 20 Ft. Lake Setback 20 Ft. 20 FL Natural Habitat Presery. e Area Setback Principal Structure 25 Ft. 25 Ft. Accessory Structure 15 Ft. 15 Ft. Distance Be~N~n; Principal Structures 10 Ft. 10 Ft. Accessory Structures 5 Ft. 5 Ft. Principal Structure and Accessory Structure 10 Ft. 10 Ft. Maximum Height; Principal Building 45 Ft. & 2 stories 30 Ft. & 1 story Accessory Building 20 Ft. 20 Ft. 15 SECTION V PRESERVE AREAS PLAN 5.1 PURPO~;E The purpose of this Section is to identify specific development standards for the Preserve Areas as shown on Exhibit "A", PUD Master Plan. 5.2 PERMITTED USES No building. structure or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Permitted Princi_oal Uses and Structures: 1. Passive recreational areas including recreational shelters. 2. Biking, hiking, and nature trails, and boardwalks. 3. Golf cart pathways and boardwalks. 4. Water management facilities and essential services. _ 5. Native preserves and wildlife sanctuaries. 6. Supplemental landscape planting, screening and buffering within the Natural Habitat Preserve Areas, a~er the appropriate environmental review. 7. Any other use comparable in nature and deemed compatible by the Development Services Diredot. SECTION VI DEVELOPMENT COMMITMENTS 6.1 PURPOSE The purpose of this Section is to set fodh the commitments for the development of this project. 6.2 GENERAL All fadlities shall be constructed in stdct accordance with Final Site Development Plans, Final Subdivision P!ens and all applicable State and local laws, codes, and regulations applicable to this PUD, in effect at the time of Final Plat, Final Site Development Plan approval or building permit application as the case may be. Except where specifically noted or stated otherwise, the standards and spedfications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The developer, his successor and assigns shalt be responsible for the commitments outlined in this document. The developer, his successor or assignee shall agree to follow the PUD Master Plan and the regulations of this PUD as adopted and any other conditions or modifications as may be agreed to in the rezoning of the property. in addition, any successor in title or assignee is subject to the commitments within this Agreement. 6.3 PUD MASTER PLAN A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed area, lot or land use boundaries or special land use boundaries shall not be construed to be final and may be vaded at any subsequent approval phase such as Final Platting or Site Development Plan approval. Subject to the provisions of Section 2.7.3.5 of the Collier County 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 the projed. 6.4 SCHEDULE OF DEVELOPMENT/MONITORING REPORT A Site Development Plan shall be submitted per County regulations in effect at time of site plan submittal. A. The landowners shall proceed and be governed according to the tim limits pursuant to Section 2.7,3.4 of the Land Development Code. B. Monitodno Report; An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. 6.5 ENGINEERING A. This project shall b+; required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. B. Design and construction of all improvements shall be subject to compliance with appropriate provisions of the Collier County Land Development Code, Division 3.2. Subdivisions. 6.6 WATER MANAGI~MENT A. A copy of the South Florida Water Management District (SFWMD) Surface Water Permit shall be submitted prior to Final Site Development Plan Approval. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collier County Land Development Code and SFWMD rules. 6.7 UTILITIES Water distribution, sewage coiledion and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. 6.8 Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6.9 ENVIRONMENTAL . A. Environmental permitting shall be in accordance with the State of Flodda Environmental Resource Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. Removal of exotic vegetation sh~;li not be counted 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 Collier County Land Development Code. In the event 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 maintenance and subject to the uses and limitations similar to or as per Section 704.06 of the Florida Statutes. C. Buffers shall be provided around wetlands, extending at least fifteen (15) feet landward from the edge of wetland preserves in all places and averaging twenty-five (25) feet from the landward edge of wetlands. VVhere natural buffers are not possible, structural buffers shall be provided in accordance with the State of Florida Environmental Resources Permit Rules and be subject to review and approval by the Current Planning Environmental Review Staff. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning Environmental Review Staff for review and approval pdor to Final Site Development Plan/Construction Plan approval. 19 E. A minimum of twenty-five (25) percent of the existing viable naturally functioning native vegetation on-site shall be retained, as required in Section 3.9.5.5.3 of the Collier County Land Development Code. (In essence, a minimum of 45.02 acres of native vegetation, in all three (3) strata, shall be retained on-site.) 6.10 TRAFFiq; A. Golf cad crossings may be permitted across the Nodhbrooke Ddve fight- of-way subject to review and approval by the Transportation Services Department Director or his assignee. B. Golf cart paths may be permitted within the westedy ten (10) feet of the Northbrooke Ddve dght.-of-way subject to review and approval of the Transportation Services Department Director or his assignee. Such golf cart paths may be ~elocated adjacent to the Preserve Areas subject to review and approval of the Transportation Services Department Director or his assignee. C. The developer may be permitted to landscape the Northbrooke Ddve right- of-way subject to review and approval of the Transpodation Services Department Director or his assignee and subject to the issuance of a Work Within the Right-of-Way Permit, issued by the Development Services Division. All maintenance for permitted landscaping shall be the sole responsibility of the developer, his successors or assigns. The County reserves the dght to require modification or removal of the landscaping, if in the opinion of the County, a safety or operational problem is determined to exist. D. The developer may be permitted to replace portions of the existing pavement of Northbrooke Drive with paver blocks or similar materials subject to review and approval of the Trsnsportation Services Department Director or his assignee and subject to the issuance of a Work Within the Right-of-Way Permit, issued by the Development Services Division. All maintenance for permitted paver blocks or other permitted roadway treatment shall be the sole responsibility of the developer, his successors or assigns. The County reserves the right to require modification or removal of the roadway treatment if, in the opinion of the County, a safety or operational problem is determined to exist. E. Within the areas to be platted within the PUD, the forty-eight (48) foot wide right-of-way is permitted as shown on Exhibit 'F'. 20 F. The applicant shall be responsible for the installation of arterial level street lighting at all project entrances prior to the issuance of any certificate of occupancy for a building accessed from a project entrance. G. 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. H. Access to Northbrooke Drive shall be permitted at those access points shown on the PUD Master Plan. Location of the individual access points shall conform as nearly as practical to the locations shown on the PUD Master Plan. Any revised or additional access points shall meet Collier County access standards, as described in Section 3.2.8.4.1 of the Collier County Land Devei'7,.~ment Code. I. The petitioner acknowledges that Northbrooke Drive is a public collector roadway and serves properties other than the subject PUD. As such, nothing in any development order shall vest any right in the developer of this project to control, limit or other,wise hinder the free flow of traffic, including service and emergency vehicles, at any time, including dudng the construction periods of the project. Any work performed within the right-of- way shall be subject to a permit from the County. Any such work shall also be required to have a Maintenance of Traffic Plan submitted for review by both the Development Services Division and the Transportation Services Department. J. 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. K. If deemed necessary by the Transportation Services Department, turn lanes in conjunction with the project access points, along Northbrooke Drive, where such access points are internal to the PUD project, shall be installed by the developer, his successors or assigns, when requested by Collier County. Any such turn lanes shall be deemed site-related and shall not be eligible for road impact fee credits. L. The development may be phased to accommodate the projected roadway deficiencies as set forth in the Traffic Impact Statement. The developer may provide additional facilities to permit an accelerated development schedule. If it is determined that any such additional facilities are eligible for road impact fee credits, such credits shall be the subject of a Developer Contribution Agreement in accordance with Ordinance 92-22, as amended. 21 The project is estimated to be constructed as shown on the following phasing schedule: Phase I 112 multi-family dwellings 724 AADT* (Through 1999) 20 single-family dwellings 191 AADT* 915AADT* Phase I! 400 muWti-family dwellings 2,116 AADT (Through 2001) 60 single-family dwellings 573 AADT 2,689 AADT Phase III 700 multi-family dwellings 3,406 AADT (Through 2003) 99 single-family dwellings 945 AADT 4.351 AADT *Mixture may be adjusted as long as AADT does not exceed 915. If Immokalee Road, between Interstate 75 and C.R. 951, is deftcient regarding Adequate Public Facilities, the project shall not proceed beyond Phase I regarding the issuance of building permits until such madway segment is designated to be improved within the first three (3) fiscal years of an effective Capital Improvement Element or another agreement regarding construction of the necessary improvements has been found acceptable by the Development Services Director or the Board of County Commissioners. 22 EXJ{IEIT 'k ~ All of those portions of Sect~ lS and 19, Township 4S South, Range 26 East, CollienCounty,,Florida, located east of the 1-75 right-of-way,:'-less and excepting those portions thereof known as Northbrooke Drive, according to ~' the plat thereof recorded In Plat Book 24, Pages 90 -~ through 92, inclusive, of the Public Records of Collier .-.- County, Florida; and further less and excepting the '~; commercial property described on Exhibit "C" attached .. EXhibIT ."Cn !'rO'L~'E't':I~4~ONTES AND AI~SOC., INC. CONSULTIN~i ENGINEERS -- PLANNERS -- LAND SURVEYORS liMA FIle No.'88.T02 1'/GI89 39.9 Acre' Par.eel (~>ruJect urea} '* A",:.parCal at' land located In the ~outheast quarter of Section 19, Township. q8 :'S~uth~".R. an~e 26 -East. Collier. County. Florida, being more ,particularly · descr,lbad as (allows: ..r~mahca'at the Southeast corner of Sectlon 19, Township qB South, Range ~6':~:t, ~lller ~unty,. Florida, thence run South 09o3q~3G. West along the · 5outh'.llna or the Southeast quarter oF the said Section 19 ~or a distance 100,00 .feet; thence run No~ ¢h 00~2~5q" Wast parallel with the East line o~ the Southeast quarter of the said Section 19 for ~ distance. of 300,00 feet t~ a point on the Nurtharly line or a' 100.00 ~oot County Canal easement and the POIN.T OF BEG}~JNINC or the parcel o~ land hereh~ described; thence continue ~0rth 00o'q"2~Sq."W~st parallel with the East line or the Southeast quarter the 'said S~tJon 19 (or a dl=~nca of 1,2q3.75 feet; thence run South 89°17~06" West for a distance of qS0.OO feet; thence run North qSoq5,00. West for' a'dlstancQ of 200.00 feet; .thenco run North. 2P3B~O0. West ~or a distance of 321.01 feet; thence run North 78o55~38" West for a distance of 5qq.92 feet ~o the Northeasterly corner or a. drainage easement recorded In Of Rclat Record Book 365 at Page qlq of the ~blic Records of Co111er County, Florlda; thence run South 01o37,19. East along the Easterly line of said drainage easement for .a dlstanc6 or qq2.73 feet.to the beginning.of a tangential circular curve concave to the East; thence tun Suutherly ~lon9 the arc of s~Id curve to the left, ssmo ~elng the Easterly line of said dralnag~ easement, havln9 a E~dlus of 2,650.79 feet through a central angle of 10°32'0B',, subtended by a chord of qEG.?q feet at a bearing or 5odth 0G°53'23" East, for a distance or q87. q3 .feet to the end or said curve; thence run South 12009,27" East ~long the Easterly line of the said drainage casen~cnt for a distance of 675.77 thence run 'SoUth qaoqg'q0, East olong the Easterly IIn~ or the said drainage easement for a distance of 279.G7 feet to a polnt on the Northerly line or a 100.00 f~t County Canal easement; thdnca run North 89o3q,3G,, East along the N~{therly line of the said 100.00 foot County Canal easement for ~ distance of 873.61 feet to the POINT OF BEGINNING. ~nt61nln9 39.90 ac'res, more or less. · Subject' to easements. reservations or restrictions or record. TM ' Less ~nd exceptin9 that ~ctlon o~ the above-described premises located within the plat o~ No=thbcooke DeLve, acco=dLng tO the theceo~ =ecorded in Plat Book 24, Pages 90 thco~gh 92, LuciusLye, o~ the Public Records of Collier County, PIer/de. STATE OF FLORIDA) COUNTY 0F COLT.IER) 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. 97 -36 Which was adopted by the Board of County Commissioners on the 26th day of August, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 28th day of August, 1997.