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Ordinance 96-42 ORDIN~6 - 42 AN ORDINANCE AMENDING ORDINANCE 91-102, AS AMENDED, THE COLLIER COUNTY LAND DEVELOPMENT CODE BY ~dENDING ZONING ATI~S MAP NUMBER 1611 S..BY CH;d~GING THE ZONING CLASSIFICATION OF THE ~_ FOLLOWING DESCRIBED REAL PROPERTY CONSISTING OF ~ 22.9 ACRES FROM "MH" TO "PUD" PLA/TNED ~ (ORDINANCE NO. 84-42, AS AMENDED) LOCATED IN _~a~6C~ ' z.~, COLLIER COUNTY, FLORIDA AND AMENDING THE MARC~ ~%~ ~' SHORES PUD (ORDINANCE NO. 84-42, AS AMENDED)~ .~y AS FOLLOWS: ADDING STATEMENT OF COMPLIANCE~ &:'t~;,~.~' WITH COMPREHENSIVE PLAN SECTION; AMENDING SECTION 1.3, PROPERTY O~ERSHIP; AMENDING SECTION 1.4.A., GENERAL DESCRIPTION OF PROPERTY AREA; ADDING SECTIONS 1.6, PROPER N~4E PROVIDING THAT UNIT 30 SHALL BE KNOWN AS FIDDLER'S CREEK ~uND 1.7, PROVIDING FOR A COMMUNITY DEVELOPMENT DISTRICT; AMENDING SECTIONS 2.2.A. AND 2.2.B. PROJECT DEVELOPMENT GENERAL; AMENDING SECTIONS 2.3.A. AND 2.3.B., PROJECT PLAN AND LAND USE TRACTS; ~4ENDING SECTION 2.3, LAND USE SUMMARY TABLE; AMENDING SECTION 2.4, M~kXIMIR4 PROJECT DENSITY; ~4ENDING SECTION 2.5.B., PROJECT PLAN APPROVAL REQUIREMENTS; AMENDING SECTION 2.6.A., SITE PLAN APPROVAL; ~4ENDING SECTIONS 2.7.A., 2.7.B., 2.7.[)., AND 2.7.E., FRACTIONALIZATION OF TRACTS; ADDING SECTION 2.8, LAKE SETBACK AND EXCAVATION; ADDING SECTION 2.9, USE OF RIGHTS-OF-WAY; ADDING SECTION 2.10, ROADWAYS; ADDING SECTION 2.11, LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS; ADDING SECTION 2.12, MA3{CO ISLAND EXECUTIVE AIRPORT; ADDING SECTION 2.13, DEED RESTRICTIONS; AMENDING SECTION 3.1, PURPOSE LAND USE DISTRICT (UNIT 30); ~ENDING SECTION 3.2, MAXIMUM DWELLING UNITS (U~IT 30); ADDING SECTION 3.3, GENERAL DESCRIPTION; RENUMBERING OLD SECTION 3.3 TO SECTION 3.4, AND AMENDING USES AND STRUCTURES; RENUMBERING OLD SECTION 3.4 TO SECTION 3.5, AND AMENDING DEVELOPMENT STANDA~RDS; ADDING SECTION 3.6, PROVIDING FOR MODEL HOMES/SALES CENTERS; ADDING SECTION 3.7, PROVIDING FOR ADULT CONGREGATE LIVING FACILITIES (ACLF); ADDING TABLE I, SECTION 3, FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS; AMENDING SECTION 4.2, MulD(IMUM MULTI- FAMILY DWELLING UNITS; AMENDING SECTION 4.3.B. (2), USES AND STRUCTURES; AMENDING SECTIONS 4.4.C. (3) AND 4.4.E., DEVELOPMENT STANDARDS; AMENDING SECTION 4.5, SIGNS; ~4ENDING SECTION 4.6, MINIMUM OFF-STREET PARKING; ~4ENDING SECTION 4.7, MINIMUM LANDSCAPE REQUIREMENTS; AMENDING SECTION 5.1, PURPOSE TO PROVIDE FOR RESERVE DISTRICT; AMENDING SECTION 5.2, TO SUBSTITUTE GENERAL DESCRIPTION OF RESERVE DISTRICT FOR MAXIMUM DWELLING UNITS; AMENDING SECTION 5.3, USES AND STRUCTURES; AMENDING SECTION 5.4, DEVELOPMENT STANDARDS; AMENDING SECTION 5.5, RELATING TO OFF-STREET PJLRKING AND PROVIDING FOR RESERVE DISTRICT CONSERVATION EASEMENT; AMENDING SECTION 6.2, USES AND STRUCTURES - BUSINESS IINIT 30, U~IT 24, AND JOHN STEVENS CREEK DEVELOPMENT AREAS; AMENDING SECTION 6.4, SIGNS; AMENDING SECTION 6.5, MINIMUM OFF- STREET PARKING AND OFF-STREET LOADING REQUIREMENTS; AMENDING SECTION 6.7, MINIMUM LANDSCAPE REQUIREMENTS; ADDING SECTIONS 6.8, FIDDLER'S CREEK BUSINESS DISTRICT INTENSITY AND 6.9, FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR ADULT CONGREGATE LIVING FACILITIES (ACLF); AMENDING SECTION 6A.3, SIGNS - ISLE OF CAPRI Words underlined are additions; Words ~truck ~hrcu~h are deletions STREET LOADING REQUIREMENTS; AMENDING SECTION 6A.6, MINIMUM LANDSCApE REQUIREMENTS; AMENDING SECTION 6B.2.I., ENVIRONMENTAL CONSIDERATIONS ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA STIPULATIONS AND COMMITMENTS; AMENDING SECTION 7.1, PURPOSE - GOLF COURSE AND CLUB CENTER FOR FIDDLER'S CREEK DEVELOPMENT AREA; AMENDING SECTION 7.2, PERMITTED USES AND STRUCTURES; N~ENDING SECTION 7.3, CH/~GING THE REFERENCE FROM PLAN APPROVAL REQUIRE[IENTS TO PROVIDE FOR DEVELOPMENT STANDARDS; DELETING SECTIONS 7.4, MAXIMUM HEIGHT AND 7.5, SIGNS; AMENDING SECTION 8.2.A.(4), PERMITTED PRINCIPAL USES AND STRUCTURES - PARKS IN UNIT 30, UNIT 24, BARFIELD BAY MULTI-FAMILY AND HORR'S ISLAND DEVELOPMENT AREAS; ADDING SECTION 8.3.E., TO DEVELOPMENT STANDARDS TO PROVIDE THAT THERE ARE NO MINIMUM SIZE REQUIREMENTS FOR PARKS WITHIN FIDDLER'S CREEK; N~ENDING SECTION 9.2, ESSENTIAL SERVICES - UTILITY AND ELECTRIC FOR UNIT 30, I/NIT 24 DEVELOPMENT AREAS; AMENDING SECTIONS 10.2.A.(4) AND 10.2.A.(5), PERMITTED PRINCIPAL USES AND STRUCTURES GOODLAND MARINA DEVELOPMENT AREA; AMENDING SECTION 10.6, SIGNS; AMENDING SECTION 10.7, MINIMUM OFF-STREET PARKING REQUIREMENTS; N4ENDING SECTION 10.8, MINIMUM LANDSCAPE REQUIREMENTS; N~ENDING SECTIONS ll.3.A. AND ll.3.D., MASTER PLAN - DEVELOPMENT STANDARDS; AMENDING SECTION 11.4, PROJECT DE;'ELOPMENT AND RECREATION FACILITIES; AMENDING SECTION 11.5, CLEARING, GRADING, EARTHWORK, AND SITE DRAINAGE; AMENDING SECTION 11.6, STREET CONSTRUCTION; AMENDING SECTION 11.7, EASEMENTS FOR UNDERGROUND UTILITIES; AMENDING SECTION 11.15, SIGNS; AMENDING SECTION 11.17, WATER MANAGEMENT; AMENDING SECTION 11.19, GENERAL LANDSCAPE DEVELOPMENT CONCEPT; ~4ENDING SECTION 11.20, MAINTENANCE FACILITIES; ADDING SECTIONS 11.21, LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK, AND 11.22, SIGNS IN FIDDLER'S CREEK; AMENDING SECTIONS 12.1.A.(2)(a), 12.1.A.(3), AND 12.1.A.(4), STIPULATIONS AND COMMITMENTS WATER MANAGEMENT ADVISORY BOARD; AMENDING SECTION 12.2, STIPULATIONS AND COMMITMENTS ENVIRO~4ENTAL ADVISORY COUNCIL; AMENDING SECTION 12.3, STIPULATIONS AND COMMITMENTS SUBDIVISION REVIEW COMMITTEE; AMENDING SECTION 12.4, STIPULATIONS AND COMMITMENTS UTILITIES; ~ENDING SECTION 12.5, STIPULATIONS AND COMMITMENTS TRAFFIC; AMENDING SECTION 12.6, PLAa~ING DEPARTMENT STIPULATIONS ~D COMMITMENTS; ADDING SECTION 12.7, FIDDLER'S CREEK STIPULATIONS AND CONDITIONS; ~D PROVIDING AN EFFECTIVE DATE. WHEREAS, Vensel and Associates, Inc., representing Deltona Corporation, petitioned the Board of County Commissioners of Collier County to amend Ordinance 84-42, as previously amended, and NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida that: SECTION ONE: REZONE FROM "M3{. TO "PUD" The Zoning Classification of the following described land, consisting if ± 22.9 acres, as indicated on Official Zoning Atlas words underlined are additions; Words ctruck thr=u~h are deletions ~2- with the Marco Shores PUD and Ordinance Nos. 84-42, 88-48 and 89- 34, as amended herein: Commencing at the South Quarter Corner of Section 15, (concrete monument), Township 51 South, Range 26 East, Collier County, Florida Run N 88o56'55" W for 1465.24 feet; thence N 02o29'06" E for 694.66 feet along the easterly right-of-way line of State Road 951; thence S 88°58'47" E for 1439.23 feet; thence S 00o20'25" W for 695.29 feet to said South Quarter Corner, less and excepting the Westerly 17 feet of the herein described parcel of land for the purpose of road right-of-way as shown in O.R. Book 001166, Page 001070, Public Records of Collier County, Florida, consisting of 22.9 acres, more or less. Official Zoning Atlas Map Number 1611 as described in Ordinance No. 91-102, as amended is hereby amended accordingly. SECTION TWO: ADDITION OF STATEMENT OF COMPLIANCE WITH COMPREHENSIVE PLAN Ordinance 84-42, as previously amended, ~he Marco Shores Planned Unit Development Document, Statement of Compliance is hereby added to read as follows: The MarGQ ShOreS PUD iS a vested Developmen~ Qf Regional Impact and pursu~p~ ~Q Future Land Use Elemen~ PQliGy ~,1 and Q~her applicable prOviSionS of the Collier County ComprehenSive Plan, this PUDAmendmen~ is found to be consistent with =he Comprehensive Plan. SECTION THREE: AMENDMENTS TO PROPERTY OWNERSHIP SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 1.3, Property Ownership is hereby amended to read as follows: 1.3 PROPERTY OWNERSHIP The subject property, with ~h~ ¢~qep~ion of Unit 30, is currently under the ownership of The Deltona Corporation, 3250 S. w. 3 Avenue, Miami, Florida 33129. A DortiQD O~ Unit 30 (243t agreS) h~s ~ee~ developed as a resort ~olf course and is owned ~y MassaChVSe~s M~ual Lif~ Insurance ComPanY. Another ~ract (43.01~ acres) iS Owned by SOUthern States Utilities and is utilized as Dart of their wastewater treatment operations. The COllier County School Board owns three (3) tracts in Unit 30, a~hQuqh two (2) Of thOSe ~r~ct~ h~v~ ~ee~ declared words ~nderlinCd are additions; Words G~ruck through are deletiona -3- Iplus and the School B~as entered into ~ convey two (2) Qf those tracts to 95! Land H ldi s Joint Venture. The rCm~P~er Of Unit 30 is owned by ~B 100, Inc,, a Florida corporation ~Bd Parcel z, In~,, a FlOrida cOrpOration, iointlv doinq business as 951 Land HQldinqs JO~Bt venture, a Florida qeneral partnership, hereinafter referred tQ as DevelOper. Unit 70 will be knOwp as ~nd r~ferred to as Fiddler's Creek, SECTION FOUR: AMENDMENTS TO GENERAL DESCRIPTION OF PROPERTY AREA SECTION Ordinance 84-42, as previously amended, The Marco Shores planned Unit Development Document, Section 1.4, General Description of Property Area is hereby amended to read as follows: 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. Marco Shores Planned Unit Development lies in and north of the present exi3ting community of Marco Island. The project areas have been defined in a S_l_ipUlation for DismiSsal and set~lemept Agreemep~ (b~rein "settlement Aqreement") between The Deltona Corporation and federal T and state and county authzritics agencies, Collier County, and various conservation groups. The That Settlement Agreement ~a$ da~d July 20, lp$2, ~nd provides for the development of the areas defined in this document as well as provision for a minor amount of development of single-family lots presently platted on the west shore of Barfield Bay on Marco Island. The total area of development included in this planned unit development project is 2133.22 acres. The Unit 30 and Unit 24 development areas are on the mainland north of Marco Island and both front on State Road 951. The Unit 30 area extends to the east and north and fronts on U.S. Highway 41. The Isle of Capri business tract is located on the northwest corner of the intersection of State Road 951 and 953. The Barfield Bay Multi-family, John Stevens Creek and Goodland Marina development areas are located in the eastern section of Marco Island and occupy areas previously platted into residential property but not developed due to environmental constraints. words underlined are additions; word~ ~truck %hrcu~k are deletions -4- but immediately adjacent to the Barfield Bay Multi-family area in the eastern portion of Marco island. SECTION FIVE: AMENDMENTS ADDING PROPER NAME AND COMMUNITY DEVELOPMENT DISTRICT SECTIONS Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 1.6, Proper Name and Section 1.7, Community Development Distric~ is hereby added to read as follows: 1,6 pROpER NAME The.Unit. 30 pOrtiOn of the Marco Shores PUD is now knQwn as add shall be referred to hereiDafter as Fiddler's 1,7 CQMMUNITY DEVELOPMENT DISTRICT The ~eveloper of Fiddler'8 Creek may establish a CommUnity D~v~loDment District ("CDD") for the Drooertv owned by ~evelQDer within the Unit 30 portion of the Marco Shores PUD. together wi~h the adiacent 22.9 acre parcel which is sought to be inGorpora~ed in~Q Fiddler'S Creek, AS [eGoqnized by DevelQpmen~ Order 84-3, a CDD constitutes a timely. effiGient, effective, responsive and ecOnOmical way ~0 ensure the provision of facili~ie~ and infrastructure ~0 Fi~dler's Creek. The land area is amen~ble tO infras~ruGture prOvSSion ~y a dis~riGt th~ has the powers se~ forth in Chapter 190, F.S. (1995). SECTION SIX: AMENDMENTS TO PROJECT DE~rELOPMENT - GENERAL REQUIREMENTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Sections 2.2.A. and 2.2.B, Project Development - General are hereby amended to read as follows: 2.2 GENERA~ A. Regulations for development of MARCO SHORES PLANNED UNIT DEVELOPMENT shall be in accordance with the contents of this document, PUD-Planned Unit Development Distric~ and other applicable section and parts of the "Collier County ....... ~ ........... Land DevelOpment CQde". Words underlined are additions; Words e~ruck =hrou~.~. are deletions -5- Unless otherwise no~,the definitions of shall be the same as the definitions set forth in "Collier County ' ' a v 1 m ode". SECTION SEVENz AMENDMENTS TO PROJECT PLAN A/qD L~ USE TRACTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Sections 2.3.A., 2o3.B and 2.3.D, Project Plan and Land Use Tracts are hereby amended to read as follows: 2.3 PROJECT PLAN AND LAND USE TRACTS A. The project site plan, includ~g layout of streets and land use of the various tracts, is iljustrated graphically by Exhibit "A", PLoD Master Dcvclopmcn~ Plan~ for all areas other than Unit 30. Fiddler'$ Creek. The development tracts are iljustrated individually and each development tract ~ncludes various land uses. A summary of the land uses in each development area is summarized on the table below. B. Areas iljustrated as lakes on the site development plan shall be constructed as lakes and the interconnecting waterway systems. In Unit 30 and Unit 24~ these lakes provide the necessary fill to elevate the development tracts for their assigned uses. The detailed lake system construction plan shall be approved by the appropriate county and regional agencies prior to commencement of construction. The remaining development tracts will be filled to design elevation by the importation of off-site fill. D__=. The PUD MaSter Pla~ for Fiddler'$ cre~k, Exhibit "FC-A", is attached hereto add mad~ ~ oart hereof by reference. The laB~ U$~ in Fiddler's Creek (Unit 30) are included in the Land Use Summary below, SECTION EIGHT: AMENDMENTS TO LA~ USE SII~Y TABLE Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 2.3., Land Use Summary Table is hereby amended to read as follows: Words underlined are additions; words ...... ~ ~ ...... ~ are deletions -6- MARCO SHORES PLANNED ~IT DEVELOPME~ LAND USE UNIT 30 UNIT 24 ISLES OF HORR'S BARFIELD J S CREEK GOODLAND TOTAL CAPRI ISLAND BAY MF MF MARINA Residential 532,00 142.30 105.89 28.80 12.10 Multi-Family 289 09 Family 0.00 Residential r-~-S.5e 142.30 105.89 28.80 12.10 937.C? · 541.78 830.87 Business 22. ".n- 12.60 7.44 1.70 55. 33.62 55.36 Parks 35, n-O 13.20 32.30 4.10 e~·. C0 13.67 63.27 Recreation 323 ~ 2n- 10.00 4.70 15.02 352 and Open 647.58 677. Space.__* Schools* *__I 2 ~.. n,n_ 12.00 ~. ~, DO 1_~2 24 . 00 Utility 3~,, iC 10. O0 ~,~,. !0 43.41 ~3,:4.1 comm. ~. eo 2.00 e. Faci lilies 6 . 03 8.03 Churches 20. n.e 5.00 Lakes 2C7. eC 30.80 2;-~ 289.13 319 Roads {-~_~.~ 23.60 10.60 0.3& C,81 t~ 82.08 ;l- Other 79.97 1~.07 5.54 0.44 1:2 19.81 41 TOTAL PUD i~25,91 277.57 7.44 142.89 49.04 14.54 15.e3 ~ ACRES***___/' 1689.11 ~i}~, 42 Residential 70n-0 2544 300 314 72 Units 6000 Development 4.31 9.17 2.10 6.40 4.95 Z ~G [ Tract ~. ~$ 4 Dens ity NOt differentiated. · *I~glUdes 243.37 acres of prCserve. · **This f~qur~ r~f~C~$ an ~.xecu;ory exqha~e a~reement between ~5~ Land HQld~nCS Join~ VeinLure and Collier County SChOOl Board, · ***OriqiT~al PUD did nQ~ include 42t acres of preserve in acr~aqe. SECTION NINE: A14F_2~DMENTS TO MA.XIMUM PROJECT DENSITY SECTION Ordinance 84 -42, as previously amended, the Marco Shores Planned Unit Development Document, Section 2.4., Maximum Project Density is hereby amended to read as follows: 2.4. MAXIMUM PROJECT DENSITY No more than a maximum of 10,230 ~,2~0 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project is 2133.~3 2196.42 acres. The gross project density, therefore, will bc a maximum cf 4.~0 is 4.20 units per acre. The following is a words underlined are additions; Words struck ~ ..... ~ are deletions -7- mmary Of acreage, dwelli~its and density of eac~he development areas shown on the site development plans. Development Area ~ Acres ] Dwelling % Gross Unit Density Unit 30, 1,625.91 7 1,689,~1 6,000 Unit 24 277.57 2,544 9.17 Isle of Capri 7.44 0 N/A Horr's Island 142.89 300 2.10 Barfield Bay MF 49.04 314 6.40 John Stevens Creek 14.54 72 4.95 Goodland Marina 15.83 0 N/A 2,133 ~ 2,196.42 9,230 4,20 *CorreCtS orl~'i"~l"pUD'Whi~h' did"nO~ r~f L~g~ ~ ~cr~S"~f preserve SECTION TEN: AMENDMENTS TO PROJECT PLAN APPROVAL SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 2.5.B, Project Plan Approval Requirements is hereby amended to read as follows: 2.5 PROJECT PLAN APPROV]LL REQUIREMENTS A. Prior to the recording of the Record Plat, final plans the required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance with the Plan of Development, the County Subdivision Regulations and the platting laws of the State of Florida. If exceptions to the Subdivision Regulations are requested for any plat, those exceptions shall be reviewed and approved by the Subdivision Review Committee. B Exhibit "A" - rb~ Master Dcvc!o~mc~%4~ Plan, constitutes - the required PUD Development Plan and the Subdivision Master Plan. Subsequent to its approval, the Final Site Plans and Final Subdivision Plan shall be submitted for approval. Exhibit "FC-A" - FiddlCr'S Creek M~s~er Plan constitu.~$ the PUD Development Plan for the DroDer~Y described in E~hibi~ "FC-C" hereof~ SECTION ELEVEN: AI~ENDMENTS TO SITE PI~J~ A~PROV~ SECTION words underlined are additions; Words ntruck '~ ..... ~ are deletions 84-42, as amended, the Planned Unit Development Document, Section 2.6.A., Site Plan Approval is hereby amended to read as follows: 2.6 SITE PLAN APPROVAL When site plan approval is required by this document, the following procedure shall be followed: A. A written request for site plan approval shall be submitted to the Dev~lQ~men~ services Director for approval. The request shall include materials necessary to demonstrate that the approval of the site plan will be in harmony with the general intent and purpose of this document, will not be injurious to the neighborhood or to adjoining properties, or e~hcr wise otherwise detrimental to the public welfare. SECTION TWELVE: AMENDMENTS TO FRACTIONALIZATION OF TRACTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Sections 2.7.A., 2.7.B., 2.7.D., and 2.7.E., Fractionalization of Tracts are hereby amended to read as follows: 2.7 FRACTIONALIZATION OF TRACTS A. When the developer sells an entire Tract or a building parcel {Fraction of Tract) to a subsequent owner, or proposes development of such property himself, the developer shall provide to the Zoning DevelOpment ServiCes Director for approval, prior to the development of the tract by the developer or prior to the sale to a subsequent owner of such property, a boundary drawing showing the tract and the building parcel therein (when applicable) and the square footage assigned to the property. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. B. In the event any tract or building parcel is sold by any subsequent owner, as identified in Section 2.7A in fractional parts to other parties for development, the subsequent owner shall provide to the Zcnin~ PCv¢lQpmen~ words underlined are additions; Words otruc~ through are deletions -9- Services Director foUroval, prior to develo~of the tract by the developer or prior to the sale to a subsequent owner of a fractional part, a boundarydrawing showing his originally purchased tract or building parcel and the fractional parts therein and the square footage assigned to each of the fractional parts. The drawing shall also show the location and size of access to those fractional parts that do not abut a public street. An updated Master Plan showing the fractional parcel also shall be submitted. C. The developer of any tract must submit a Conceptual Site Plan. for the entire tract in accordance with Section 2.6 of this document prior to Final Site Development Plan submittal for any portion of that tract. The developer may choose not to submit a Conceptual Site Plan for the entire tract if a Final Site Plan is submitted and approved for the entire tract. D. The developer of any tract or building parcel must submit, prior to or at the same time of application for a building permit, a detailed site development plan for his tract or parcel in conformance with the ~ Ordinancc Land Dcv¢lopmen~ CQd¢ requirements for site development plan approval. This plan shall be in compliance with any approved Conceptual Site Plan as well as all criteri~ within this document. E. In evaluating the fractionalization plans, the ~ DCvelQpmCn~ $~rviqCs Director's decision for approval or denial shall be based on compliance with the criteria and the development intent as set forth in this document, conformance with allowable amount of building square footage and the reasonable accessibility of the fractional parts to public or private roadways, common areas, or other means of ingress and egress. SECTION THIRTEEN: AMENDMENTS ADDINGLAKE SETBACK ANDEXCAVATION, USE OF RIGHTS OF WAY, ROADWAYS, LANDSCAPE BUFFERS, BERMS, FENCES A/qD WALLS, AND MARCO ISLAND EXECUTIVE AIRPORT SECTIONS Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 2.8, Lake Setback and Words Vnderlin~d are additions~ Words ctruck through are deletions -10- Sectjon 2.9, Use Rights-of-Way, Sectior Roadways, Section 2.11, Landscape Buffers, Berms, Fences and walls, Section 2.12, Marco Island Executive Airport, and Section 2.13, Deed Restrictions are hereby added to read as follows: 2.8 LAKE SETBACK AND EXCAVATION Within Fiddler's Creek, the lake setback requirements specified in the Land DevelOpmen~ Code may b~ r~du~ed with ~h~ administrative approval Of the COllier county Development Services Director. All lakes may be excavated in accordanc~ with the CrOSs-seCtionS Set forth in the Se~tle~en~ Agreement, aS those CrO$$-s~ctiQns may be amended kS provided in ~he Settlement Agreement. 2.9 USE QF RIGHTS-OF-WAY within Fiddler's Creek. lands within Droiect rights-of-way may be utilized for landsGaping, decorative entranqeways, gates, gatehouSeS, and sign~qe subject to review and administrative approval of ~he Collier COunty DevelOpment Services Director for engineering and safety considerations during the development review process and prior to any such installations. 2.10 ROADWAYS Standards for roads within Fiddler's Creek shall be in compliance with the applicable provisions of the Collier County Land Development Code regulating SUbd~visiQDs, unless otherwise modified, waived, or excepted by this PUD or as apprOved during the platting procesS, The Developer reserves the right tO request substitutions to Code design standards in ~ccordance with ArtiCle 3, Division 3,2, Section 3.2.7.2 of the Land Developmen~ COde. The Developer also reserves the right to ~n$~all qa~es, ga~ehouse$, add O~h~r access controls on all project roadways. 2.11 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS Landscape buffers, berms, fences and walls are generally permitted as a principal use throughout Fiddler's Creek. The following standards shall apply: A__= Landscape berms shall have the following maximum side slopCs~ words underlined are additions; Words ctruck '~ ..... ~ are deletions ...... ~.. -11- (!) Grass~d berms ~m {2) Ground covered berms 2:1 (3) RiD-Rap berms 1:1 SjrUc~ural walled bermS - vortiCal B_~. Fence Or wall maximum heiqht: six feet (6'), as measured from ~he finished qrade of the qrQUnd ~t the base of ~he fence Qr wall, except that an eigh~ foot (8') fence or wall m~Y b~ permitted, with the aDDrOYal Of ~he Development Services Director, at the perimeter of the Droiect, where the Droiect uses would be proximate to dissimilar uses, For ~he purpose Qf ~h~S prQvisiQ~ finished ~rade shall be cor~sidered to be no ~reater than ¢iqh~een inGhes (18") abovo ~he hiqhes~ GrOwn elevation of the nearest existin~ road unless the fence or wall iS constructed on a perimeter landscape berm, In these cas~, ~he wall or fence shall not Oxceed six feet in height from the tOP Qf berm ~eva~-Qfi ~Qr bGrm elevation with ~n averaae side S!ODe Of 4:1 or lesS, and shall DOt exceed four fee~ (4') in h¢iqht from the tOp.Of berm elevation for berms with ~n averaqe side SlOpe of gre.a~er than 4:1 (i.e, 3:1). C. LandsCape buffers, berms, fences and walls may be cOnstruCted alonq the perimeter of ~be Fiddler's Creek por~iO~ of the PUD boundary p[ior ~Q prelimin.a..ry ~UbdiviSion pla~ a~d site developmGn~ p~an Submittal. All such areas must be included in a...!andscaDe easement On final pla~s, or in a separate recorded instrument, D__=. FenCeS and walls whiOh are an intearal Dart of security and aCcess.contro~ $~ructures such as aatehouses and ContrOl aates shall not be eub~ect to__the heiqht limitations set forth under 2.11 B, and shall be Qoverned by the heiqht limitations for principal structures of the distriGt in which they are located. I~ ~h~ cas~ of ~Gcess control structures withiD r~qh~-Qf-wayS adjoininq two Or mOr~ different distriCtS, the more restrictive height standard ~hall apply~.. words underlined are additions; Words $.;ruck ~hrc. u~.~. are deletions -12- pedestrian sidewalks mot bike Laths, water ma~;nt systems and drainage may be allowed in landscape buff~rs, $Ub~e~t tQ review and approval by ~h¢ Fiddler!s ~rOek p~si~n Review Committee, 2.12 MARCO ISLAND EXECUTIVE AIRPQRT The fOllOwi~q provisions are applicable tO the Fiddler'S Creek portion Qf the PUD only~ A. Collier COunty has adopted spegi~l regula~iQpS for specified areas in and arQupd the ~irpQrt$ i~ Collier CQun~y in the form of Airport Overlay ZQnipq DiS~r~9~s. SQme Of ~h¢ property within Fiddler'$ Creek is within ~he Airpor~ Overlay DistriCt adopted for M~r9Q ISland Exe9U~v~ AirpOrt ("APO"). This AirpQr~ OveTl~y ZQpinq District concept is codified as Section 2,~,2~,, ~nd pOvelopment Code. B. NQ~wi~hstandinq any other provision of this Ordinance, there shall be no uSeS or structures within ~hat part of Fiddler's Cree~ owned by developer that conflict with the heiqht res riG~ions depicted on Exhibit "FC-G", whigh portray th~ applicable prOvisionS of Part 77, Federal AviatiOn RegulatiOns, applicable tO this o~her than utility nOn-precision instrument approach airDor~ having visibility minimums qreatcr than 3/4 of a statute m~l~, or prOviSiQps Qf SeCtiOn 2.2,2~,, Land DevelOpment CQde, rela~inq ~o land uSeS aS it exists 9n the day.Qf apprQval of this OrdinanGe, C. Developer _shall qive notice of ~h~ existence and restriGciops Qf this section bv no~icin~ the same, alonq with EXhibit "FC-Q", ia the restrictive covenants for Fiddl¢r's Creek add by prQvidin~ notice thereof in its ¢OntraQ~$ for ~he Sale Of property add Tesidep~ial units withiD Fiddler'$ Creek. 2.13 DEED RESTRICTIONS Some prQDerties within the Fiddler's Creek portion of Uni~ 30 may be qoverned bY recQrd~d CQvOnants, cQDditions or restriCtionS which will limit types of structures and specify words underlined are additions; Words o~ruch ~hrc~u~h are deletions -13- standards more strin~en~ thanl~os~ specified in this PUD document. SECTION FOURTEEN: AMENDMENTS TO PURPOSE - LA/qDUSE DISTRICT (UNIT 30) SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 3.1, Purpose - Land Use District is hereby amended to read as follows: 3.1 PURPOSE The purpose of this Section is to indicatc~^ dcvclc-mcn~ identify Permitted uses and develoDm~n= standards for areas within Fiddler's Creek designated Residentia~ - "E", Each residentialIv desiqnated trac~ or parcel ~hal~ be developed with sim~r 9r compatible structures withiD ~ha~ tract or Darc~l, SECTION FIFTEEN: AMENDMENTS TO Fu~XIMITMDWELLINGUNITS (b'NIT 30) SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 3.2, Maximum Dwelling Units is hereby amended to read as follows: 3.2 NLAXIMUM DWELLING UNITS A maximum number of .... ~--~^ ~--:~" 6000 r~Sid~R~ial dwellinq units may be constructed in thc ~ .... ~ ...... Cinglc a~-=. on l~ndS desiqna~¢d "R". SECTION SIXTEEN: AMENDMENTS ADDING A GENERAL DESCRIPTION SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, new Section 3.3, General Description is hereby added to read as follows: 3.3 GENERAL D~$CRIPTION Areas designated as "R" on the Fiddler's cr~¢k M~$~er Plan are desiqned to accommodate a full ranqe of residenti~ dw~lliDq tv~Des. compatible non-residential uses. a ~ [ang~ Qf recreational facilities, essential services, and customary aCceSsOry USes, words underlined. are addi~ions; Words zzruck thrc, u~h are dele=ions -14- the Master Plan. This acreaqe is based Qn conceptual design~ and is approximate. Actual acreaqe of all dev~lopmen~ tracts will be provided ~ the time of ConceptUal Site Plan aPProval or Preliminary Subdivision Plat approvals, Residential are desiqned to accommodate internal roadwayS. open spaceS. parks and ~m~nity areas, lakes add wa~r manaqemen~ facilities, and other similar uses found ~n residential ar~as. EaCh r~Sid~n~ially deSiqnated tract or parcel Shall b~ developed w~h Similar Or compatible s~rug~ures within ~ha~ tract or D~rO~I, SECTION SE~rENTEEN: A.MENDMENTS TO USES A/qD STRUCTI/RES (tINIT 30) SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 3.3, Uses and Structures is hereby renumbered and amended to read as follows: 3.3 ~,4 PERMITTED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, alteredr or used, or land or watcr used, in whole or {-e part, for other than the following: Principal Uses: (1) Sinqlq Family D~tach~d Dwelli~q$, (2) Sinql¢ Family patio and zero LQ~ Line Dwellings. (~) TwO-family and Duplex Dwellings. {4) $inqle F~mily AttaChed and TOwnhOuse Dwellinqs. (5) Cjuster HOUSing .(6) Multi-Familv Dwellings includin~ Garden Apartments. (7) ~hur~hes and other places of worship, subjec~ Collier COunty staff administrative approval during Site Dev~lopmen~ Plan review to addr~$~ location, si~e, inqresS and egress, ~nd buffering recn/irements. and subject to the Multi-family Development Standards set forth in Table I, (~) Model Homes ~nd Sales c~nt~rs, a~ provided in S3Ction 3.6. words underlined are additions; Words struck through are deletions (~) ~rouD care Faci~s (Cateqories I.~nd · m' Fil't nl n 1 2 2 22 (]0) A h r ri i 1 w ' 's mar i aturwi h th f i us s and w ' he Dev 1 mSrvi e Dire r rmin s o be m ibl' h "R" Di ri B. ~ Accessory Uses and Structures: (1) {-~e~ ~ uses and structuresT ' w' ' ' 1 us i d i hi 121 An thor cce s r use whi~b__l~.arable i__n a wi h th for ~ u a d w 'c the D v lm Srvi es Dire t r d ermines to be c m ibt in the "R" Distri t. SECTION EIGHTEEN: AMENDMENTS TO DEVELOPMENT STANDARDS (UNIT 30) SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 3.4, Development Standards is hereby renumbered and amended to read as follows: 3,5--3=~ DEVELOPMENT STANDARDS A. ~~ bl Is f th hd velo ment ~~th "R" Residen ial B. F~ S' d v m d for ~ 1 - es 1 ' d'v'd 1 r 'd i lo u ' or d a 1 C. S a d d f ~ a n 'and h r land ~s t 'i hrein or ~Ckds'n uidelines and Words underlined are additions; Words ~ are deletions -16- Land Development Code ,",car Yazd 25 fcct D r~,~^ v~,~ ,~ .... ;__ StrcCt 15 fcCt . ~. 2 ~IMb~ HEICHT B Ac~c33cr'' ~ .... ~ ..... 20 3 ~ ~. 3 rt~<IMb~ DENSITY 3. ~. ~ MINI~?~ LOT 12,00O ~ ......... 3 ~ 4.5 MINI~ FLOOR ~EA 3, ~ .~ MINIML~'~ OFF STREET P~ZINC ~ ...... ~ ~" ~ "~-~"" ~-~ ..... in effect at the ti~e w ........... ~ ....... O~ Sit~ plaq Approv~l, UnleSs otherwise indicated, recuired yards, he~qhts, and floor ar~a standard~ apply to prinGipal ~ruCtur~s. DevelOpment standards for Uses nO~ ~eCifically ~t forth in Tabl~ I $h811 b~ ~s~ablished durinq site plan approval ~s set forth in Article 3, Divis~O~ 3,3. Of the Land Development Code in accordance with those standards of the ~oninq district which is most similar t~ the prOpOSed U~O,. E~ ~n ~he ga~e ~f r~eid~n~ial structures with a common architectural th~me, retired ~roDertv development regUlatiOnS may be reduced provided a site plan is ~pp[ov~d by the Collier County Planninq Commission in aCCOr~mq~ w~h ~[tiCl8 2. DiViSiOn .. 2,6, SeCtiOn 2.6,27,4~ Of ~h~ C~ll~ C~ntv Land Deve~pm~Rt COmmOR open s~ace retirements are deemed satisfied pUrSUan~ ~ the $~tl~m~Rt ~Cree~ent ~D~ the ov~[~ll Master Plan. Off-street ~arkinc [ecuired ~or multi-family uses shall be acces$8d bv parkinc aisles or driveway~ which 8r~ separate from any roads which sere more then development, A qr~en eDece area of not les~ ~h~n words underlin~ are additions; Words ctru=h through are deletions -17- ~m feet (10') in width easured grom pavement e,~ge p~vement edge shall separate any ..par~inq ~iSle or driveway from any abutting road. G. ~DGle family patio and zero lot line dwellinqs are identified seD~rauelv from sinqle family detached dwellings with convenpiopal side yard .reo~iremeBts ~o distinguish these types for the PUrPOSe Of aPPlying dev~!Opmen~ Stapd~rdS under Table ~, Patio ~nd zero line dwellings shall b~ defined as any tVD~ Q( single family structure employing a zero or reduced side yard as set forth. hersip, ~d which conform ~Q ~h~ requirements of Collier Countv Land Development Code Article 2, Division 2.6. Subsection 2.6.27. H. Property abutting RSF-~ ;oned land shall have a fifty fQQ~ (~Q,) minimum setback from the PUP boundary a~d Type "B" buffer as specified in LDC Subse~tioB 2,4~7,4. I. Parking for pool and r~Crea~ional. ~re~ within residential development tracts shall be at a minimum of two.(2) spaces for each fifty (50) dwelling SECTION NINETEE};: AMENDMENTSADDING MODEL HOMES/SALES CENTERSAND ADULT CONGREGATE LIVING FACILITY SECTIONS Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Sections 3.6, Model Homes/Sales Centers and 3.7, Adult Congregate Living Facilities (ACLF) are hereby added to read as follows: ~,~ MODEL HOMES/SALES CENTERS Model hcmCS, Sales centers and Other uses and structures related to the promotion and sale of r~al estate such as. but not limited to Pavilions~ g~Zebos. parking areas. tents, and Signs ~h~ll be permitted PrinCipal uses in this and Sections vI an~ vII. as those sections relate to Fiddler's Creek. subject tO the requirements of Ar~iCl~ 2, DiVisiOn 2.6, SectiOn 2.6.3~,4 and Article 3, DiviSion 3.2. Section 3.2.6.3,$ Qf ~he Collier County Land Development Code. 3.7 ADULT CONGREGATE LIVING FACILITIES (ACLF) The developmen~ $tandards for ACLF units and other permitted GroUp Care units shall be as set forth for multi-family dwellings, The maximum density ~or ACLF ~nd other types of words underlined are additions; Words etruu!; =hrcu~h are deletions -18- acre. SECTION TWENTY: AMENDMENTS ADDING TABLE I, FIDDLER'S CREEK DEVELOPMENT STANDARDS Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 3, Table I, Fiddler's Creek Development Standards for "R" Residential Areas Ks hereby added to read as follows: TABLE I FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR "R" RESIDENTIAL AREAS PE MITTED USE D I~ PATIO& TW___QO IN~ MULTI- TANDARD~ FAMILY ZERO LOT FAMILY& FAMILY FAMILY ~ LINE DUP~ ~ DWEL[.INGS C_a_t~g~r_y _!1 i l i 5 Minimum Lot Area 6500 SE 5000 SF 3500SF 3000 SF 1AC Minimum Lot Width 5_!0 4__!0 35 30 150 *__5_ Front Yard 2_!5 20 '3 ~ 20 ,~ 25 F__ront Yard for Sid 15 1_!0 1_9.0 1_!0 15 Side Yar~d 7_j5 '6 0 or 7.5 ~ .5 BH Rear Yard PrinciDal 2_!0 10 2_!0 20 BH R__ear Yard Accessory 1_!0 ~ 10 1.!0 15 Re Yard S 'a 10 i 10 10 .5 BH M'mum~.d 35 35 35 35 100,v Distan e Be we 15 1_!0 0orl~ .5SBH __.5 SB__H Structure~s F_l_Qor Area Min. 1500 SF 1250SF 1400SF 1200SF 1000 SF J~.F_~L_L. BH__i Buildi~ SBH____i Sum f Buildin H i : Comb n ' ht o wo ' nt bu'ld' r he ur ose of d~erminin s b k ireme . A1 dis anc ar e u s w /_l_l Wi v m d ' v w mm i u u onloswi u 1 u k sa ra. b m kef a ri a and a c~ o u e m b ' v'd a ' me ' o orat 'n o d ' n and ub w a va m v w w h a ova m Fidd ' k R v w mm m as 1 w: ~h~ v d a a m r m · ba k of cub ~ vm u d. /2_L ~ v d a ma m 'n'sed o va ' n o u m ' i 'n va n . '3: Sin 1 fami dw lin whi r v d r wo a k w i n closed ovid f - u- a n h r than n iva d 'v wa ma duc h front ard v~ , d ee ' o ma' in ruc ur s words underlined are additions; Words e{-P~~ are deletions -19- Pr~ 9[ 7,000 S,F. ~i~mum ~ot w~d~h may be reduCed bv fifty ~ercent [50~) ~or cul-de-ea~ ~o~a p~Ovid~d ~nimum ~Ot area ~¢q~irement is s~ill main~ained, and minimum lot widths are obtained a~ ~ont uf buildable ~rea when setbacks are applied. Z~9 feet (0') 9r a minimum of five feet (5') on either side except that wbg~ ~h~ ~r9 [eat (0°) yar~ option is utilized. the opposite side of the structure shall have a ten foo~ yard, Qr a m~n~m~m ~[ ten feet (10') o[ ~paration between structures shal~ b~ main~d all Maximum hg~ght of st~c~ures shall be ten (10) stories or one-hundred feet (~0,]. whichev~ is $~mctu[es QvCr four (~) stories and f~fty [eet [~0') ~n h~gh~. ~h~t b~ s~t back ~ minimum 0f the bu~inq height from (a) PUD boundarieS, exccp~ wh~[~ the bound~ ~ abu~g ~a~ Qwned conSedation land. or where the PUD abuts mral designated land: and (b) where ~h~ ~bu~inq ~and use (on a separate trac~) is s~ngle fa~ly, a~{Ched or d~aCh~d. SECTION ~Y-O~: ~~S TO ~I~ D~LLING ~ITS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 4.2, Maximum Dwelling Units is hereby amended to read as follows: 4.2 ~IM~ DWEDLING ~ITS A maximum nu~er of multi-family dwelling units may be constructed. DE~LOP~ ~EA TOT~ MF D~LLING ~ITS Unit 30 6,771 Unit 24 2,544 Barfield Bay MF 314 John Stevens Creek 72 Horr's Island 300 Isle of Capri 0 Goodland Marina 0 Total Multi-F~ily Units 1O,OOl 3,230 SECTION ~Y-~O: ~E~ME~S TO USES ~ STRUCTURES SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 4.3.B.(2), Uses and Structures is hereby amended to read as follows: 4.3 USES ~D STRUCT~ES No building or structure, or part thereof, shall be erected, or altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) Multi-family dwellings. (2) Group housing, patio housing and cjuster housing. (3) Townhouses. words undq[lin~d are additions; Words c=ruck '~ ..... ~ are deletions Permitted Accessory m and Structures: (1) Customary accessory uses and structures. (2) Model homes as permitted by the Zoning Ordinance Land Dev¢lopmen~ Code in effect at the time a permit is requested. C. Prohibited Uses and Structures: Any use or structure specifically permitted herein is prohibited. SECTION TWENTY-THREE: AMENDMENTS TO DEVELOPMENT STANDA}DS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Sections 4.4.C.(3) and 4.4.E., Development Standards are hereby amended to read as follows: 4.4 DEVELOPMENT STANDARDS A. Minimum Lot Area: one (1) acre. B. Minimum Lot Width: 150 feet. C. Minimum Yard Requirements: (1) Buildings up to and including forty feet (40') in height: (a) Front - Thirty-Five feet (35'). (b) Side - Twenty-Five feet (25'). Rear - Thirty-Five feet (35'). (2) Buildings over forty feet (40') in height: {a) Fifty-five percent (55%) of the building height. {3) Lots abutting Settlement Agreement Development Line - Thirty-five feet (35'). However in John Stevens Creek, Horr's Island and Barfield Bay Multi-family Areas the setback may be altered as determined by ~A~ EAB or the County Environmentalist to protect or enhance rare, unique or endangered vegetation. D. Maximum Height of Structures: Ten (10) stories or one- hundred feet (100') whichever is greater. E. Maximum Density: Net site densities for each development area as follows: ~nit 30 19 Unit 24 - 19 DU/AC Key Marco - 10 DU/AC Barfield Bay - 16 DU/AC words ~nderlined are additions; Words czruck =hrcu~h are deletions -21- John Stevens CrB- 10 DU/AC F. Distance Between Structures: Between any two (2) principal structures on the same parcel there shall be provided a distance equal to one-half (~) the sum of their heights. G. Minimum Floor Area: 750 square feet. H. In the case of group housing, patio housing or cjustered housing with a common architectural theme the minimum lot area, lot width and/or yard requirements may be less provided that a site plan is approved in accordance with Section 2,6. SECTION TWENTY-FOUR: AMENDMENTS TO SIGN SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 4.5, Signs is hereby amended to read as follows: 4.5 SIGNS As permitted or required by Zcnin~ Ordinance the Land Development Code in effect at the time a permit is requested. SECTIO}[ TWENTY-FIVE: Ai{ENDMENTS TO MINIMUM OFF-STREET PARKING SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 4.6, Minimum Off-Street Parking is hereby amended to read as follows: 4.6 MINIMUM OFF-STREET PARKING As required by the Zcnin~ 3rdinancc Land DevelOpmq~ CQde in effect at the time a permit is requested except that the Devel0Dment services Director may permit a lesser number of parking spaces to be paved when circumstances indicate infrequent use and the need to preserve rare, unique or endangered vegetation as determined by the County Environmentalist. SECTION TWENTY-SIX: AMaNDMENTS TO MINIMTIMLA/qDSCAPING REQUIREMENTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 4.7, Minimum Landscape Requirements is hereby amended to read as follows: 4.7 MINIMUM LANDSCAPE REQUIREMENTS words underlined are additions; Words ctruc:~ thrcu~h are deletions -22- I required by the ~e in effect at the time a permit is requested. SECTION TWENTY-SEVEN~ AMENDMENTS TO PURPOSE SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 5.1, Purpose is hereby amended no read as follows: 5.1 PURPOSE o RESERVE DISTRICT The purpose of this Section is to ' ' ~ .' ' 'us d dv m s n wi ' id e ' d ' h ~ v SECTIONTWENTY-EIGHT: AMENDMENTS TO MAIIMITMDW~LLINGUNITS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 5.2, Maximum Dwelling Units is hereby amended to read as follows: 5.2 ~ GEN DE I N ee4o~ser-k~s-~e ' ' . Areas.d si na ed s Res rv on the s r Pla a e d sid o c ommoda f 11 ra o con erva i n a limi d war r mana emen u e and functions, Th~ s Re rye di ri is re ain vi 1 1 u i i m w ' n adc m f m t d r de r d m r vi a uffrbwF'ddl r'sCrv 1 m nd h ad' in' wed a n t v' n o n ace amenit for h ' n f idd ' r k r i . SECTION TWENTY-NINE~ AMENDMENTS TO USES AND STRUCTURES SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 5.3, Uses and Structures is hereby amended to read as follows: 5.3 ~ USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures: (1) ' ' . Words ~ are additions; Words e~ are deletions -23- ...... . passive r i 1 b wa k i ' ' al sheit r and r r ms (2} 'kn ~ ur' ' v d rail i w 1 1tl N - 1 w d i a' 4131 W mna m i' i u a d la s " ' k w b (5} w ' (6) a vi b e h ~ 1 r' r k W' d 'f bi a E cem n and Man m Pl dm" ' f h U ' d s fE i s D d and ill P rmiNo. 78B-068 s am nd (7) An her cns rva i n and la d o e s ace 'v' w ~ ' w' th f r i us d w ' v m ev'D'r r d rmi sb com tibl 'n rv D' ~ SECTION THIRTY: AMENDMENTS TO DEVELOPMENT STANDARDS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 5.4, Development Standards is hereby amended to read as follows: 5.4 DEVELOPMENT STANDARDS A. ' ' . , .. . · , · . -- , . ~ . . Words underlined are additions; Words e~ are deletions -24 - vc-ctatisn. endangered ~ D. ~axi.~u.,~ IIci~,ht of Structurc=; T.~rcc [2} atcric~ structures sha~l setback a minimum of five fee~ (5') from Reserve district boundariee and roads, exceD~ fQr pathways, bQardwa~kS and w~r m~DaqCmen~ structures, which shall have no retired setback. Liahtina facilities shall be arranaed in a m~BCr which will Pr0~ect roadways and residential Droperti¢$ from dir¢c~ glar0 or unreaSOnable interference. MaximUm h¢iqht 9f Structures - Twenty-five f~et (25'). Minimum disrange b~tw~en principal $~ructures - Ten feet (10') . LMinimUm distance between accesso~ structures - Five feet (~'), F. Minimum flQor ar~a - NQn¢ Flccr ~rca; 750 aquarc feat. SECTION THIRTY-O~: ~E~ME~S TO MINI~ OFF-STREET P~ING, SIGNS, ~ MINI~ ~SCAPE REQUIRM~S SECTIONS Ordinance 84 -42, as previously amended, the Marco Shores Planned Unit Development Document, Section 5.5, Minimum Off-S~ree~ Parking, Section 5.6, Signs and Section 5.7, Minimum Landscape Requirements are hereby amended to read as follows: 5.5 P¢iNI~F~ OFF STREET ?~KIMC ~ Minimum lot or parcel area - None retired, Standards for parkinq, landsCapinq, Siqns and other land uses where such standards are not specified herein or words underlined are additions; Words =truzk thrcuSh are deletions within adopted Creek D~iqD $~nd~r~e~ ar~ GO be in accOrdanc with he ollier Countv Land Development Code in effect at the time a permit is requested except th~z the DircctK--eey--pe preserve rare, unique or endangered vc~ee ~ ..... ~-^~ ~-- ~ ~ .... ~,, Envlronmcnt~-~4-et-~. ~ Plan approval, UnleSs otherwise indicated, requ' d d h~iqh~, and f~gr ar~a 8~and~rd~ apply t 'ci al s~uct~res. ~.~ SICNS ~.~ RESERVE DISTRICT CONSERVATION EASEMENT ti,mc a permit is rcqucst;;~--. 5.7 MINIffa~ ~a~SCAPE REQUIREMENTS ......... ~ A non-exclusive conservation easement permit .is ~ ....... Will be ~$~bl~shed pursuan~ ~0 ~he Fiddler's Cre~k wildlife ~abi~at Enhancement and Management Plan and Collier County D~nd DCvelopmeD~ C0~e S~Ction 3.2.8.4.7.3, ~o the extenZ such section does not conflic= with said Manaqem~nt Plan requirements, SECTION THIRTY-~O: ~~S TO USES ~ STRUC~ES SECTION - BUSI~SS ~IT 30, ~IT 24 ~ JO}~ STEVENS CREEK DEVELOPME~ ~EAS Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 6.2, Uses and Structures - Business Unit 30, Unit 24, and Johns Stevens Creek Development Areas is hereby amended to read as follows: 6.2 USES ~D STRUC~ES No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in pare, for other than the following: A. Peminted Principal Uses and Struczures: (1) ~tique shops; appliance s~ores; ar~ studios; art supply shops; automobile parts stores; automobile Words underlined are additions; words s~.-uck -~ ..... ~ are deletions -26- service stations w~ repairs . ' . ; and awning shops. (2) Bakery shops; bait and tackle shops; banks and financial institutions; barber and beauty shops; bath supply stores; bicycle sales and services; blueprint shops; bookbinders; book stores; and business machine services. (3) Carpet and floor covering sales - which may include storage and installation; churches and other places of worship(Scc Section ~.I1); clothing stores; cocktail lounges{Scc .... ~^- ~.t~+; commercial 'recreation uses indoor; commercial schools; confectionery and candy stores. (4) Delicatessens; department stores; drug stores; dry cleaning shops; dry goods stores; and drapery shops. (5) Electrical supply stores; equipment rentals including lawn mowers and power saws. (6 Fish market - retail only; florist shops; fraternal and social clubs~Scc Scotion 8 ~. funeral homes; furniture stores; and furrier shops. (7 Garden supply stores - outside display in side and rear yards; gift shops; glass and mirror sales including storage and installation; ~nd gourmet shops. (8 Hardware stores; hat cleaning and blocking; health food stores; homes for the aged; hospitals and hospices. (9) Ice cream stores. (10) Jewelry stores. (11) Laundries self service only; leather goods; legitimate theaters; liquor stores; and locksmiths. (12) Markets - food; markets - meat, medical offices and clinics; millinery shops; motion picture theaters; museums; and music stores. (13) Office - general; ~Dd office supply stores. words underlined are additions; words =truck '~ ..... u are deletions -27- (14) Paint and wallpap~erstores; pet shops; pet supply shops; photographic equipment stores; pottery stores; printing; publishing and mimeograph service shops; private clubs{Scc Section 8~iI);: and professional offices. (15) Radio and television sales and services; research and design labs; rest homes; restaurants -including drive-in or fast food restaurants(Scc Section 16) Shoe repair; shoe stores; shopping centers(Scc Scotion 1O.=~. souvenir stores; stationery stores; 'supermarkets and sanitoriums. {17) Tailor shops; tile sales - ceramic tiles; tobacco shops; toy shops; ~n~ tropical fish stores. (18)Upholstery shops. (19) Variety stores; veterinarian offices and clinics no outside kennels. (20)Watch and precision instrument repair shops. (21)Car wash. (22) Any other commercial use or professional service which is comparable in nature with the foregoing uses and which the Zcnin~ Development Services Director determines to be compatible in the district. (2~) GrQup. Car~ Facilities {Category I and II); Car~ Units~ F~mi!y Care Units; AdUlt Conqreqate Llvi~q FaCilities in Fiddl~r's Cr~k Qnly, Section 6.9 hereof. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the uses permitted in this district. C. Prohibited Uses and Structures: Any use or structure not specifically allowed by reasonable implication permitted herein is prohibited. SECTION THIRTY-THREE~ ]~v~ENDM~NTS TO SIGNS SECTION Words UDde[!in~d are additions; Words struck zhrcugh are deletions -28 - 84-42, as prevlo~usy amended, the Marco Planned Unit Development Document, Section 6.4, Signs is hereby amended to read as follows: 6.4 SIGNS As permitted or required by ' ' the Land DCvelopmen~ Cod~ in effect at the time the permit is required. SECTION ~{IRTY-FOUR: AMENDMENTS TO MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING REQUIREMENTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 6.5, Minimum Off-Street Parking and Off-Street Loading Requirements is hereby amended to read as followS: 6.5 MINIMUMOFF-STREET PARKINGAND OFF-STREET LOADING REQUIREMENTS As required by the Zoning Ordinaeee ~ in effect at the time a permit is requested. SECTION THIRTY-FIVE: AMENDMENTS TO MINIMUM LANDSCAPE REQUIREMENTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 6.7, Minimum Landscape Requirements is hereby amended to read as follows: 6.7 MINIMUM LANDSCAPE REQUIREMENTS As required by the Zoning Crdinancc a D v o m in effect at the time a permit is requested. SECTION THIRTY-SIX: AMENDMENTS ADDING FIDDLER'S CREEK BUSINESS DISTRICT AND FIDDLER'S CREEK DEVELOPMENT STANDARDS FOR ACLF SECTIONS Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Sections 6.8, Fiddler's Creek Business District and 6.9 Fiddler's Creek Development Standard's for ACLF are hereby added to read as follows: 6,$ FIDDL ' TY A m~:' u ' O~ gr r 1 ~a~ 6,~ I ' iddl r's C Dev 1 m St d s Adul Co r t Livin F '1' ' L Dev lo me ds e 2 as f ~ ~ Sect' w' ~ ' w dvl m words ~ are additions; Words e~~ are deletions -29- SectiOn 3.7 Shall also apply, FQr every acre of BuSinEss desiqnated oroDertv dedicated to ACLF or other arQ~p the allowed square footaq¢ will be reduced by 10,000 square SECTION TNIRTY-SEVEN~ ~MENDMENTS TO SIGN SECTION - ISLE OF CAPRI COMMERCIAL DEVELOPMENT AREA Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 6A.3, Signs Isle of Capri Commercial Development Area is hereby amendec! to read as follows: 6A.3 SIGNS As permitted or required by the Zoning Crdinancc DCve~Qome~ Code in effect at the time a permit is required. SECTION THIRTY-EIGHT: AMENDMENTS TO OFF-STREET PARKINGAND OFF - STREET LOADING REQUIREMENTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 6A.4, Minimum Off-Street Parking and Off-Street Loading Requirements is hereby amended to read as follows: 6A.4 MINIMUMOFF-STREET PARKINGAND OFF-STREET LOADING REQUIREMENTS As required by the Zonin~ Ordin~ncc ~and D~v~lQpm~n~ Cod~ in effect at the time a permit is requested. SECTION THIRTY-NINE: AM]ENDMENTS TO MINIMUM LANDSCAPE REQUIREMENTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 6A.6, Minimum Landscape Requirements is hereby amended to read as follows: 6A.6 MINIMUM LANDSCAPE REQUIREMENTS As required by the Zoning Crdinancc ~an~ D~v~lOpmen~ CQd~ in effect at the time a permit is requested. SECTION FORTY: ;LeMENTS TO ENVIROI~NTALCONSIDERATIONS SECTION - ISLE OF CAPRI COM}fERCIk;~ DE"~ELOPX~ENT AREA STIPUla%TIONS A/gD COMMITMY_/qTS Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 6B.2.I., Environmental Considerations Isle of Capri Commercial Development Area Stipulations and Commitments is hereby amended to read as follows: 6B.2 ENVIRONMENTAL CONSIDERATIONS words undtrliDed are additions; words =truc;: thrcuSh are deletions Petitioner shall be ~ec~ to Ordinance 75-21 or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval prior to any substantial work of the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. B. Native species shall be utilized, where available, to the maximum extent possible in the site landscaping design. A landscaping plan will be submitted to the Natural Resources Management Department and the Community Development Division for their review and approval. This plan will depict the incorporation of native species and their mix with other species, if any. The goal of si~e landscaping shall be the re-creation of native vegetation and habitant characteristics lost on the site during construction or due to past activities. C. All exotic plants as defined in the County Code shall be removed during each phase of construction from development areas, open space areas, and preserve areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and approved by the Natural Resources Management Department and the Community Development Division. D. If during the course of site clearing, excavation, or other constructional activities, and archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be Words underlined are additions; Words ~truck through are deletions -31- immediately stopped ~e Natural Resources MaMn~ Department notified. Development will be suspended for a sufficient length of time to enable the Natural Resources Management Department or a designated consultant to assess the find and determine the proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E. The petitioner shall submit project designs that will minimize the destruction of native habitats. The investigation of possible habitat saving designs should include, but not be limited to: 1) increasing the number of stories of the proposed hotel to reduce the amount of area necessary to the building (presumable the number of hotel units will remain the same; 2) reducing the amount of parking area, and 3) modifying drainage plans. F. Certain native plant species that must be removed to accommodate structures shall be, where feasible, transplanted to suitable habitat areas within the project. These plants shall include, but not be limited to tillandsioid epiphytes and epiphytic members of the family Orchidaciai, and the species that are listed in the edition of the Florida Game and Fresh Water Fish Commission's publication "Official Lists of Endangered and Potentially Endangered Fauna and Flora in Florida" that is current at the time of land clearing. The petitioner is specifically encouraged to preserve and/or transplant into compatible habitats large oak trees that contain protected epiphytes, and native hammock communities. G. Final alignment and configurations of water management structures shall be subject to minor field adjustments to minimize habitat destruction. Prior to construction, areas subject to alterations must be flagged by the petitioner; the alignment/configurations shall be subject Words under~ine4 are additions; Words ~ruck ~hTcu~h are deletions -32- to the review and of the Natural Management Department. H. All preserve areas as designated on the Master Plan must be flagged by the petitioner prior to any construction in the abutting area, and habitat preserve boundaries will be subject to the review and approval of the Natural Resources Management Department. I. Any proposed construction of docking facilities and/or related structures shall be subject to the review and approval of the NRMD and ~Ae ~B as part of the review process with all concerned regulatory agencies. J. All the Stipulations of the original Marco Shores PUD shall be included. K. All mangrove trimming shall be subject to review and approval by the NRMD. The goal of any approved trimming shall be to maintain the biological, ecological integrity of the mangrove system. L. The final Water Management Plan shall be designed so that the water inputs into the authentic Florida water and the aquative preserve shall be kept to an absolute minimum, and the need for testing will be considered at the time the Preliminary Drainage Plan is submitted. SECTION FORTY-ONE: AMENDMENTS TO PURPOSE SECTION - GOLF COURSEAND CLUB CENTER FOR FIDDLER'S CREEK DEVELOPMENT Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 7.1., Purpose Golf Course and Club Center for Fiddler's Creek Development Area is hereby amended to read as follows: 7.1 PURPOSE The purpose of this Section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Golf Course Tcnnis and Club Center. SECTION FORTY-TWO: AMENDMENTS TO PERMITTED USES AND STRUCTuKES SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 7.2., Permitted Uses and Structures is hereby amended to read as follows: 7.2 PERMITTED USES AND STRUCTURES Words underline~ are additions; Words ztruck ~ ..... ~ are deletions -33- ~fcr Arca~ Whcn ........ u a .B-r---Permitted Principal Uses and Structures: GQ~f Cour$¢$ ~d golf Club fagili~ics, includinq temporary Golf Gl~bhOu~S, (2) T~nni$ ~lub~, h~alth spasa a~d.o~her reCreatiODal clubs, (3)Pro~ect information and sa~es centers. ~4). Community Cen~er facilities, includin~ multiple use buildings for the community, active and passive indoor and outdoor recreational facilities. and bo~t launchiDg and storage areas. Community and ~olf course maintenance areas, maintenanG~ buildin 'al s rvi irrigation water and effluent storaqe tanks and ponds. water and wastewater treatment ui ' ' um a ' ii '1 ' s (6) a c ' n (7) Pro shop, practice driving range and other customary accessory uses ofgolf courses, or other ~ recreational facilities. ' , Heeq-E4~--e~ .... (8) Small commercial establishments ' w' ' ' r mm ' center. including gi~t shops v' a a a~ m 1 ' ' -u v golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the golf ee, h--~ee words underlined are additions; Words et~E~3h are deletions -34 - center, commun~_ center, or other recreational facilities. (~) Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. (10) Signs as permitted by the "--" .... ~: ..... L. an~ DevelOpment Code in effect at the time a permit is requested. (11) Golf cart barns. restrooms, shelters, snack bars, and ~olf maintenance yards, (12) Part time day care facilities. (15) Any other principal use which is compatible in nature with the fore~oin~ uses a~d which is determined to be cQmpatible with this discri~ bv ~he Development Services Director. SECTION FOR~-THREE: ~E~ME~S TO PL~ APPROVAL REQUIR~E~S SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 7.3. , Plan Approval Requirements is hereby amended to read as follows: 7 ~ 3 PL~ APPROVAL ~.. Ccncral .~cguircmcnts: trcatmcnt of ~"~ mainZaincd tc act as a buffer zcnc. 7.3 DEVELOPMENT ST~DS words uDder~in~~ are additions; Words ctru=Z: through are deletions · ' 'nimum o~tv ' roads, and fifty B__= Accessory structures shall be setback a m~n~mum feet (10') from district boundaries ~Dd rQads, and feet (20') frQm residential tracts, c. Lighting facilities shall be arranged in a manner which will protect roadways and ncighborin~ residential properties from direct glare or othc~ unreasonable interference. '~ ~ cite plan chal.t bc reviewed and apprcvc~ ..... ~:-- to Section 2 D. Maximum heicht of structures - Fifty feet (50'). E, Minimum distance between principal or accessory structures which are a Dart of an architecturally unified QrOUDin~ - Ten feet F__=. Minimum distance between all other principal $~ruqtureS - Twenty feet (20'). G__~. Minimum distance between all other accessory ~ruCtur~$ - Ten feet {10'). H__=. Minimum floor area -NoBO recn/ired. I. Minimum lot or parcel ar~a - None teen/ireS, J__~. Standards for DarkinQ, la~sq~pin~, siqn~ ~nd o~her land uses where such standards are not specified herein or within adopted Fiddler's Creek design ~uidelines and standards. are to be in accordance with Collier County Land Development CQ~e in effect at the time a permit ~ ....... of Site Development Plan APProval, Unless otherwise indicated, recn/ired vards, heights, ~D~ f~QQr area standards aDD1V tO principal structures. SECTION FORTY-FOUR: AMENDMENTS DELETING M2~XIM13M HEIG]tTA/qD SIGNS SECTIONS Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Sections 7.4., Maximum Height and 7.5, Signs are hereby deleted as follows: 7.4 ~i~ HEICIIT words underlined are additions; Words c=ruck :hrcuS½ are dele~aons SECTION FORTY-FIVE: A/~ENDMENTS TO PERMITTED USES AND STRUCTX/RES SECTION - PARKS (X/NIT 30) Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 8.2.A.(4)., Permitted Principal Uses and Structures - Parks in Unit 30, Unit 24, Barfield Bay MF and Horr's Island Development Areas is hereby amended to read as follows: 8.2 USES AND STRUCTURES No building or structure or part thereof, shall be erected, altered, or used, or land used, in whole or in part for ocher than the following: A.Permitted Principal Uses and Structures: (1) Parks and playgrounds. (2) Biking, hiking, and nature trails. (3) Nature preserves and wildlife sanctuaries. (4) Any other open space activity which is comparable in nature with the foregoing uses and which the ~ v n rvi Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of recreational facilities. SECTION FORTY-SIX: A/~ENDM]~NTS TO DEVELOPM]~}Fr STANDARDS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 8.3.E., Development Standards is hereby added to read as follows: 8.3 DEVELOPMENT STA/qDARDS A. Minimum Lot Area: 2~ acres. B. Minimum Lot Width: 150 feet. words unde[lined are addi=ions; Words e~ are deletions °37- Yard Requirements fo~ctures: (1) Front Yard: Fifty feet (50'). (2) Side Yard: Thirty feet (30'). (3) Rear Yard: Fifty feet (50'). D. fdaximum Height of Structures: Thirty-five feet (35'). E__=. Th~r~.Sh~ll b~ nO ~inimum acrcaq~ o~ ~0~ wi~b fQr parks within Fiddler's C[~k, 8Q that Sections 8,3A and 8,3B are not aDDlicabl~ ~Q Fi~d~r'$ Creek. SECTION FORTY-SEVEN: AMENDMBINTS TO ESSENTIAL SERVICES SECTION - UTILITY AND ELECTRIC FOR UNIT 30 Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 9.2., Essential Services Utility and Electric for Unit 30, Unit 24 Development Areas ~s hereby amended to read as follows: 9.2 ESSENTIAL SERVICES Essential services are hereby defined as services designed and operated to provide water, sewer, gas, telephone, electricity, cable television or communications to the general public by providers which have been approved and authorized according to laws having appropriate jurisdiction. Permitted uses would include po~abl~ and irriga~lQ~ water lines, sewer lines, gas lines, telephone lines, cable television, electric transmission and distribution lines, substations, lift stations, DUmD statiQ~S, utility plants and similar installations necessary for the performance of these services. Essential services shall not be deemed to include the erection of structures for commercial activities such as sales or the collection of bills. The utility site in the southeastern corner of Unit 30 development shall be used as a utility plant site for sewer or water system utilities and/or distribution and storage facilities for treated effluent. The utility site in Unit 24 shall be used as a site for a potable water treatment plant. Storage and supply facilities related to gas utility systems and a site for any minor transmission related pumping stations and such for any essential utilities. SECTION FORTY-EIGHT: AMENDMENTS TO PERMITTED PRINCIPAL USESAND Words underlined are additionsl Words e~h~3h are dele=ions DEVELOPMENT AREA Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Sections 10.2.A.(4) and 10.2.A.(5), Permitted Principal Uses and Structures - Goodland Marina Development Area are hereby amended to read as follows: 10.2 USES AND STRUCTURES No building or part thereof shall be erected, altered or used or land used in whole or in part for other than the following: A. Permitted Principal Uses and Structures: (1) Boat docking facilities. (2) Facilities necessary for and associated with trailer launched recreational boating. (3)Dry boat storage areas and structures. (4) Structures to provide for the following facilities: attendant's office, attendant's living quarters, bait and tackle shop, add maintenance facilities. (5) Any other open space activity which is comparable in nature with the foregoing and which the zoning a4-Peet-e. Development Sen, ices Director determines to be compatible in the district. B. Permitted Accessory Uses and Structures: Accessory uses and structures customarily associated with the principal uses. (1) Customary accessory uses of marina and recreational facilities. SECTION FORTY-NINE: AMENDMENTS TO SIGNS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 10.6., Signs is hereby amended to read as follows: 10.6 SIGNS As permitted or required by Zcnin~ Ordinanee =he Land D~velQpmCDt Code in effect at the ~ime a permit is requested. SECTION FIFTY: A24FaqDMENTS TO MINIMUM OFF-STREET PA~RXING REQUIREMENTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 10.7., Minimum Off- Street Parking Requirements is hereby amended to read as follows: words und~rli~e~ are additions; Words c=ruck ~hrcu~h are deletions iOWIMUM OFF-STREET PARKINaUIREMENTS As required by the Zcnln~ Ord!nancc v 1 in effect at the time a permit is requested. SECTION FIFTY-ONE: AMENDMENTS TO MINIMUM LANDSCAPE REQUIREMENTS SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 10.8., Minimum Landscape Requirements is hereby amended to read as follows: 10.8 MINIMUM LANDSCAPE REQUIREMENTS As required by the Zcnin~ Ordinance ~an~ D~vel0pmen~ CQd¢ in effect at the time a permit is requested. SECTION FIFTY-TWO: AMENDMENTS TO PUD MASTER DEVELOPMENT PLAN SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Sections ll.3.A. and 11.3.D., PUD Master Development Plan are hereby amended to read as follows: 11.3 Pb~ .MASTER DEVELOPME~T PLAN A. Exhibit "A" , nr~ Master ..... ~ ...... Plan, iljustrates the proposed development. B. The design criteria and design iljustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final development may best satisfy the project, the neighborhood and general local environment. Minor sine alterations may be permitted subject to planning staff and administrative approval. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all areas in the project. D. To protect the integrity of the multi-family residential neighborhood, internal roads within the multi-family development tracts will be private. All other roads as shown on the Exhibit "A" development plans of Unit 30, Unit 24 and John Stevens Creek will be public. It iS intended that the ma~or road system within Fiddler's Creek will be developed and m~iB~ained by the Fiddler's Creek Community Development Die=rict. Developer may, a~ i~ Qp~iQn.~ develop any roadway within Fiddler'e Creek as words underline4 are additions; Words G=ruck %hrcu~a are deletions -40- v~ Thosm~ions of the roads depi~on the development plan of Barfield Bay Multi-family and Horr's Island that lie within the security entrance adjacent to S.R. 951 shall be private roads. The other roads in the Barfield Bay Multi-family area will be public roads. SECTION FIFTY-THREE: AMENDMENTS TO PROJECT DEVELOPMENT AND RECREATION FACILITIES SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 11.4., Project Development and Recreation Facilities is hereby amended to read as follows: 11.4 PROJECT DEVELOPMENT AND RECREATION FACILITIES The proposed development is iljustrated in Exhibit "A" and ...... . The proposed construction shall comply with all standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of streets, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objectives. Recreation facilities shown on Exhibit "A" nd "CA" for · 1 ' development plan shall be provided and complet .d in timing with the adjacent residential units. The northern golf course in ' ' ~ k e constructed by a resort hotel corporation. This course will be primarily for the recreational use of their guests. Secondarily, residents of the~-i-t--a4~ Creek area will have access to this course on an as space is available basis, and the public may have access on a similar basis. The southern golf course in ~ i ' r shall be constructed when feasible to serve the surrounding residential units. The southern golf course and e ~ m ' ' shall be privately owned facilities and constructed on the designated site in conformance with the development needs of the project. Words ~ are additions; Words ~ are deletions -41- parks, Paths ~x'-:-- trailG~ta courscs~ and other community recreation facilities shall be constructed and completed in conformance with the general develcpment schedule of the project. Those facilities scheduled for donation to the County as part of the development plan are community facility sites, school sites, neighborhood park sites. Prior to dedication of [he school sites to ~ ...... ~.. ~ ..... ~ 4^ ~^~ ~ county elevation Those facilities wi~h~ Fiddl~['s Croek scheduled for donation tO ~he COUnty are two Community facility sites. Neighborhood park sites within Fiddler's Creek will be dedicated to the county homeOwners associ~t~QB or ~h~ Community DeveloPment District upon their completion in conformance with the developer's progressive development schedule of the project. Two A community facility sites will be dedicated to the East Naples Fire Control District= .............. arc ..................... community ...... ty s~tc in Unit 27 near .... airport Each ^~ '~^^^ two sites a mi~i,mu,m cf two acres and ~ill ~c dedicated directly to ~^~ ~:-~ ~-~rol District ~^ . .......... in Unit 27. In FiddlOr's Creek, a site will be dedicated for a library and another $i~e willbe dedicated for fire station, EMS. and other Public PUrPOSeS. Deltona Previously dedicated school sites within Fiddlcr'$ creek ~Q ~ho Collier County School BOard. subsequently, ~h¢ COllier County SchOOl BOard has aqreOd ~0 ~rad¢ a~ le~$~ two of said sites to the developer for other needed sites in Collier County. The community facility sites in Fiddler's Creek will be dedicated to the County upon .... ~^'~^- ^# '~-:- ~--~ ~ .... ~ ..... ' =--~"~:-- conatruction of the road system scrvin~ those areas. request, SECTION FIFTY-FOUR: A}{ENDM~NTS TO CLFa%RING, GP, ADING, EJ~RTh~qORKA,ND SITE DRAINAGE SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 11.5., Clearing, Grading, Earthwork, and Site Drainage is hereby amended to read as follows: words underlined are additions; Words =truck th:=u~h are deletions -42- All clearing, grading, earthwork and site drainage work shall be performed in accordance with the applicable state and local codes as modified in this document and by the Fill Aqr~¢m~m~ ~a~¢d April 4, 1995, b¢~en CQlllCr County and.the Dey~lOper. The Settlement Agreement and conceptual drainage plans submitted with this application along with the recommendations of the various review committees will be used as a guide to the final development of the drainage and road systems within the various development areas. Pursuant to the Aqreement b~w¢en the Developer and Collier County dated APril 4. 1995o land clearinq. excavation. filling m~v occur within Fiddler's Creek prior to platting, site development plan approval, or buildinu permit issuanG¢, SECTION FIFTY-FIVE: AMENDMENTS TO STREET CONSTRUCTION SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 11.6., Street Construction is hereby amended to read as follows: 11.6 STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that are in effect at the time of the approval of this ordinance, except as otherwise soecified bCrOin wi~h r~qard to Fiddl~r'$ Creek. certain ~ixty foot '~'~ -~-~' ^~ ...... :-^- streets have been proposed for development in ~-hc Unit 30 arca ................... ~ zo a Fid~ler's Creek whiGh will b~ gQn~truc~¢d pursuant to right- of-way cross-section depicted on Exhibit "FC-F". The drainage system for these minor streets will be subject to the approval of the County Engineering Department in conformance with the conceptual drainage plans and provision and requirements of other sections of this document. SECTION FIFTY-SIX: AMENDMENTS TO EASEMENTS FOR UNDERGROUND UTILITIES SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 11.7., Easements for Underground Utilities is hereby amended to read as follows: 11.7 EASEMENTS FOR UNDERGROUND UTILITIES words underlined are additions; Words ctruck 'k ..... ~ are deletions -43- ~emen~s for underground Mties such as power, telMe, cable television, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximum number of trees and natural vegetation. ........... , ....... , ............... routine ' ........ ~ c!cctrical scrvicc ~^- this ~ .... ~ ........ ~ '~^- --~ ...................................... ira,. ' ' ' SECTION FIFTY-SEVEN: AMENDMENTS TO SIGN SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 11.15., Signs is hereby amended to read as follows: 11.15 SIGNS All signs shall be in accordance with the appropriate Collier County Ordinances, exccp~ aS se~ forth for F~ddlCr's Creek in section 11.21 hereof. SECTION FIFTY-EIGHT: AMENDMENTS TO WATER MA,NAGEMENT SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 11.17., Water Management is hereby amended to read as follows: 11.17 WATER MANAGEMENT Detailed site drainage plans shall be submitted to the County Engineer for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer, except to the ex~en~ p~rmitted by ~he Fill_A~ described in Section 11,4 hereof. SECTION FIFTY-NINE: AMENDM]EIqTS TO GE]~RAL IJu'qDSCAPE DEVELOPMElqT CONCEPT SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 11.19., General Landscape Development Concept is hereby amended to read as follows: words underlined are additions; Words :truck through are deletions -44- The development of all tracts shall be subject to the then current County regulations concerning landscaping. Special provisions for the possible preservation of selected vegetation are provided in the stipulations relating to Horr's Island, Barfield Bay and John Stevens Creek development areas. Special procedures are anticipated to provide for the maximum possible preservation of native vegetation in these areas. A. Preservation ~nd R~servatiQD Areas: Approximately 15,000 acres of valuable wetlands and other preservation areas have been deeded to the State of Florida in conjunction with the Settlement Agreement referred to elsewhere in this document. In addition to these areas, approximately za ~ acres of additional prcscrvazicn land is set aside in thc Unit 20 arca as dcscribc~ in Exhibi~ "A" Fiddler's Creek as dep~ed on Exhibit "FC-A", and aS regulated by Sec~iQn v hereof. Other than incorporation into the approved drainage design, these areas will be left untouched and deeded to the public upon platting of these specific areas. SECTION SIXTY: A/4EN'DMENTS TO MAINTElqANCE FACILITIES SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 11.20., Maintenance Facilities is hereby amended to read as follows: 11.20 MAINTENANCE FACILITIES A. Unit 24 and Unit 30 Fi~dl¢~'~ Creek ~^ n^~ .... ~ ....... ~^- Developer may create a community development district for ehc Unit D0 arca FiddlCr's Creek. If such a district is created it will comply with the following requirements. If Thc Dcltono Corporation [he Fiddler's Creek Developer creates a community development district ("The .Marco S.hcrcs Fi~r's Creek Community Development District") pursuant to Chapter 190, FlQrida Statu~$, all the property in Unit 30 owned by DeveloDe[ will be included within the Marco Shcrcz Fiddler's Creek Community Development District. Words underlined are additions; Words c=ruck thrcuSh are deletions -45- The Mee ~Creek Community District w~ ~ own and w~ may have the responsibility for operating, maintaining, and as appropriate, improving and expanding the following common areas and facilities: (1) Any drainage f~cilities and rights-of-way (streets and roads) that are not dedicated to the County at the time of platting; (2) The water management systems within~ Fi~dlCr'~ Cre~k owned and developed by Developer, including lake and lakeshore maintenance; (3) -Parks, other than those ~ tc school sitcs which--,+i4-1---be dedicated to the County homeowners association; (4) Certain recreational amenities and facilities which are not owned and operated by Corporation ~al~_P_~Qjze_=, other private interests m w i or individual condominium associations; (5) Street lighting, and; (6) ~ ' ' ~ r w ' ~ ds v'es u C 0 ' ut Chapter 190, F rid , grants community development districts created thereunder all powers necessary to achieve their purposes, including the power to levy and collect taxes and special assessments, borrow money and issue bonds. The Dcltcna Corporation will havc thc rcsponzibility fo~the B. Horr's Island and the Horr's Island Entrance Road Within the Barfield Bay Multi-family Area Words underlined are additions; Words e~M4~-~4~ are deletions -46- A community (the "Key Marco Community Association") will be set up by deed restriction. The owners of all property on Morr's Island and along the entranceway to Horr's Island will be members of the Key Marco Community Association. Property Owner's will be assessed a monthly maintenance fee to support the work of the Association. The Association will have lien rights to enforce collection of monthly fees. The Key M~rco Community Association will own and will have the responsibility for operating and maintaining the following common areas and facilities: (1) 'The entranceway to Horr's Island, including any security system; (2) The roadway from County Road 92 to Horr's island and all internal streets and roads on Horr's Island, including all drainage facilities that are not the responsibility of individual condominium associations; (3)Parks and recreation areas; (4)Street lighting; (5) The historical preservation site and Indian mounds on Horr's Island, including the public dock and accessway to the Captain Horr House (the Key Marco Community Association may cooperate with local historical societies to maintain and/or restore the Captain Horr house); (6) The bridge across Blue Hill Creek to Horr's Island, including maintenance of all required navigational lighting; and (7) Such other community areas and facilities which are desired by the residents of Horr's Island but which are not available through local government or private enterprise. C. Barfield Bay Multi-family, John Stevens Creek, Isle of Capri and Goodland Marina Roads in these areas either already exist and are being maintained by the State or County or they will be words undcrline~ are additions; words e~ are deletions -47- dedicated to the comat the time of platti~ll common areas and facilities will be the responsibility of the individual condominium associations (Barfield Bay Multi-family and John Stevens Creek) or individual commercial owners and operators (Isle of Capri and Goodland Marina). SECTION SIXTY-ONE: AMENDMENTS ADDINGLANDDEVELOPMENTCODE DESIGN SUBSTITUTIONS AND SIGNS SECTIONS IN FIDDLER'S CREEK Ordinance 84°42, as previously amended, the Marco Shores Planned Unit Development Document, Sections 11.21., Land Development Code Substitutions for Fiddler's Creek and 11.22., Signs in Fiddler's Creek are hereby added to read as follows: 11,21 LAND DEVELOPMENT CODE SUBSTITUTIONS FOR FIDDLER'S CREEK The followin~ Subdivision Regulations from the Land p~V~lQpment Code ("LDC't) shall be waived and modified as follows: A__~. ~end Development Code ~3.2.8.3.17.2 - Sidewalk~ will be c nstru d as h w on h ro dw o - e tins a a h d x ' i "F - " D v 1 's t' n 'k a w w s i w w' ' 0' ih-f-w n 1 t a 1. B, vl m 2 - r irem n of thi i n w 'v d nd i n hall b sh wn n M ter an C. v s w D, Dv 8 -' w w' 1 w ~w E__= b_andDev 1 m d 3 2 - 1 - s ul- - s F. v o w 'v a' P words underline~ ~,re additions; Words et~~ are deletions ~2.8.3.19 - DeveloPer Mes ~ v ' T ~ r m t o k ub~for r ffi a ' wi ' b u d' f H. v 7 - v ' d' n m u ' un Ta r ' t u dm ' Dvl ha af ' a e ~' n ad s I. Lan D v m od . 7 2 - v ' id h 1 b i ~ w' h m b J. v o vm ~~~ oadw cross- io s s E hibi " -F" 11.22 SI NS IN F D E ' C E All si ' ~ ' ' w' D'v" 2 ~ ' 'ev m m * f 'm ' v ann~ royal wi h w' x i n . A. r C mmuni S a 1. ' I F ' - w u w 1 r a v m u h w' e ' m_~ (a) u ' al 1 m e dv m ' a W' ' ' ' w fen f v m ' " Words ~ are additions; Words ~ are deletions -49- {c} the height of ten feet .(10') above the finished cround level of the sign. site. 2. Boundary Monument SicnaGs - Project monument sicns may be located at o b und r o he project Qn S,R, 951 and U.$, 414 provided that nO such sign $h~ ~X~d ~w~lve (12) scuare...feet. excluding mounting surfaces or structures, and further orovidinG that all other requirements of 11.22A.1) are met. 3. Tract Identification SiGns - Each tract containing *a different use may h~v~ ~ ¢ i other aDproved location an identification sign DQ~ - w i3~~ v ' m 22 ' ' w' 4. ' S o a ' 'n he d v 1 m n fou 4 s u r f i i nal d fi n s ' f r ach t bei id i i f d' i al u os s On i m i c_ 1 u in ' t' i s 11 m 'n ' m ' hm c ' x ' 6'i h i h and twen 20 ua f e i a a and ha 1 me ' m i 2 1 n i on li h w' . B__=. TemDorarv or Promotional SignaGe - These signs are to direct prospective purchasers and identify the various ~ ' ' v e 1__=. Vl U m ' m c ' o 1 'd ' ' ' ' w' (a) h h 1 om w i words ~ are additions; Words ~ are deletions (b) feet in area, excluding mountinq sur~a~es or s~ructur~s, where such siGnaGe is attached or affixed to a wall or fence. the face of the ~iqn may prQ~rude above the UDDer edq¢ of the wall Qr fence, but rCmaiB subieC~ tO heiqh~ res~rictiQDs, {c].. No developm~n~ announcement signs shall exceed ten feet (~0') ~bove the finished Grade of the sian site, 2. Residential Lot $~gD~ - Individual residential lots · m w ·v' I$~LS_~,L,gf~ 'f ~ ' n: m m w' e m ' 3. ~d n ' ns u ' i - Du 'n h ' a 'd ~ a m i ' " ' lo " W m " m d' w'n re' m (a} Su ' 'u ' a d t ' 1 22' w' SECTION SIXTY-TWO: AMENDMENTS TO STIPULATIONS 2~ND COMMI~]~IgNTS SECTION - WATER MANAGEMENT ADVISORY BOARD Ordinance 84-42, as previously amended, ~he Marco Shores Planned Unit Development Document, Sections 12.1.A.(2){a), 12.1.A.(3), 12.1.A.(4), Stipulations and Commitments Water Management Advisory Board are hereby amended to read as follows: 12.1 STIPULATIONS AND COMMITMENTS - WATER I~NAGEMENTADVISORY BOARD A. Conditions Recommended by Water Management Advisory Board words underlin{d are additions; Words et-r~~ are deletions -51- of Rezone Petition R-84-7C with specific regards to PUD Zoning Classification. (2) Staff recommends Conceptual Drainage Approval of the following development areas: (a) Unit 30 Fiddler's Creek (b) Unit 24 (c) Goodland Marina (3) Resubmission to WM~n33 for Conceptual Drainage approval for the Isle of Capri Business Tract and the unique development areas of Horr's Island, · Barfield Bay Multi-family and John Stevens Creek will be required that includes site specific information and coordination of recommendations made by the County Environmentalists in Memorandum dated April 27, 1984 as may be amended and endorsed by EAC EA~. (4) Detailed site drainage plans for all development areas shall be submitted to the WMA~EAB for review and approval. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the county Engineer and the Water Management Advisory Board. (5) Detailed site drainage plans showing the effectiveness of the golf course lake system and the extent of the water management system, including spreaders, that will be constructed as part of the initial phase shall be submitted to Project 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 Project Review Services. (6) Historically, off-site flows have been and continue to be routed through the easterly portion of the proposed development. Should the existing routing words underl~D~d are additions; Words e~e~-e4~e~ are deletions of off-site impacted by the proposed development, provisions shall be made for re-routing and/or continuing to allow historic off- site flows to pass through the initial phase proposed for development. (7) Based on prior commitments, Ordinance 88-26 Is to apply except as Section 8 thereof is modified by the approved "Conceptual Drainage Plan, Marco Shores Unit 30", Sheet G-l, dated January lS84, "Typical Lake Section", with respect to lake slopes and depths, and further, the lake setbacks from .abutting rights-of-way will not be required provided safety barriers (which may include landscaping with berms) are utilized to the extent that such setbacks are not met, nor will the restoration requirements contained in Subsection F apply. SECTION SIXTY-THREE: AMENDMENTS TO STIPULATIONSAND COMMITMENTS SECTION - ENVIRONMENTAL ADVISORY BOARD SECTION Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 12.2., Stipulations and Commitments - Environmental Advisory Council is hereby amended to read as follows: 12.2 STIPULATIONS AND COMMITMENTS - ENVIRONMENTAL ADVISORY~ BOARD ("EAB") A. Stipulations To Rezoning of Category I Lands: FiddlCr'~ cr¢~k, Unit 24, Isle of Capri, Goodland Marina (1) Native Vegetation and Habitats (a) During development Deltona will fill all areas of Unit 24 under an elevation of six feet and construct the roads, lake, and other water management facilities as proposed on the conceptual plan for both those areas under and over the six foot contour. (b) Following this a vegetation survey of the remaining unaltered areas of Unit 24 will be Words underlined are additions; Words utruc;; ~hruu~h are deletions -53 - prepared and submitted County Environmentalist. (c) The County Environmentalist will use the vegetation survey and work with Deltona or the architects hired by future owners of multi- family lots of Unit 24 to arrive at a final building and parking lot layout that would minimize the destruction of remaining undisturbed native vegetation. (2) Archaeological Resources (a) Dcl=ona The DeveloPer of each of the above described project~ will design and implement a plan so that if an archaeological site or artifact is uncovered during site clearing, grading, or excavation, construezion in that location will be stopped for a sufficient length of time to give ~oth Dcl~ona'~ DeveloDer's archaeological consultant and/or one selected by the Environmental Section to assess the find and determine whether excavation is necessary. (b) The Environmental Section or its selected consultant will respond to such a find in a timely manner so that construction is not unnecessarily delayed. (c) Prior to any work in the Goodland Marina area, the Environmental Section, with the assistance of selected local archeological assistance, will survey the development area to determine the validity of reported sites in that vicinity. (d) If a significant site is discovered, the Environmental Section will coordinate the excavation of the site, consistent with Dcltcna'~ Develo~r'~ construction schedule, to remove any significant artifacts. (3) Water Resources - Quality words underlined are additions; Words otruck ~hrcu~h are dele~ions (a) To ensure sufficient treatment of water runoff from development areas, final water management plans will retain and treat all runoff in development area swales eeland/or lakes prior to discharge from lakes through spreader waterways. (4) Water Resources - Quantity (a) Final water management plans, control structure elevations, lake levels, etc., are to replicate, as closely as possible, the seasonal pattern of water discharge as necessary to COmPlY with the ~policable (b) Water will be retained on site during the natural dry season and will be discharged at a rate similar to pre-development conditions during the wet season ~the ' 'm ' Wt m ~ mnt (5) Other (a) Native vegetation should be retained and used where possible for ground cover. (b) If feasible species should be transplanted from development sites to border areas. (c) Where transplanting is not feasible, make native species, that would otherwise be destroyed, available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration or enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other ~ ~%~a_iDjal~ development areas). words underlined are additions; Words e+m~e~ are deletions (d) Remove exotics on described by County Ordinance. (f) (¢) Follow design considerations as outline in County Environmentalist's memorandum dated May 15, 1984. B. Stipulations to Rezoning of Category II Lands: Horr's Island, Barfield Bay Multi-Family, John Stevens Creek (1) Native Vegetation and Habitats (a) Final site plans and drainage plans for Category Two Lands shall be designed to minimize the destruction of vegetation classified on Figures 1 and 2 as rare, unique, or endangered. (b) The final location of roads buildings, parking areas, water management components, and other facilities shall be carefully chosen to minimize impacts on R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. (c) At there areas the loss of R.U.E. lands will be mitigated, where possible, by the transplantation of native plants to adjacent undisturbed areas. (d) Figures 3 and 4 depict typical, conceptual site development and drainage plans that reflect these guidelines. (e) Prior to construction, the final site plans and drainage plans for development within Category Two Lands shall be reviewed and approved by the ~ EAB to ensure that the final designs meet the goals and comply with the concepts of development as expressed in words underlined are additions; Words ~ are deletions May 15, 1984. The following area-specific recommendations further clarify these general comments: Horr's Island and Barfield Bay Multi-Family Area C (f) The majority of Horr's Island (excluding the mangrove areas within the development limit line) and all of Barfield Bay Multi-Family Area C (Figure 1) are classified as R.U.E. lands because the exact composition and location of the rare, unique, or endangered plant communities contained thereon and the occurrence and distribution of any classified rare, endangered, or threatened species were neither adequately addressed nor mapped in the Army Corps of Engineers Environmental Impact Statement or associated reports. (g) A vegetational survey and an analysis of the presence and location of endangered, threatened or rare species is a normal requirement of the County E.I.S. Ordinance. Because the information supplied on the characteristics of the upland areas of Horr's Island was not site-specific, a detailed survey (including an upland plant community map) of the composition and distribution of upland vegetation and the occurrence of rare, endangered, or threatened species shall be conducted by the applicant in consultation with a qualified South Florida tropical systematic botanist. (h) The vegetation survey, which will be utilized in the final site and drainage plans developed for Horr's Island and incorporated into the final ~ ~A8 review and approval of the site and drainage plans for the area, is required words underlined are additions; Words struck ~hrouS)~ are deletions by County ~nance 77-66 under the terms of Resolution R-82-86. (i) It is suggested that the Dcltona Developer or a third party purchaser, has similar surveys conducted for proposed development sites in other Category Two Lands and incorporated into the design for the final site and drainage plans. (j) If the Developer or the third party purchaser declines to have such surveys conducted (Resolution R-82-86 precludes the County from requiring such surveys as a part of the EIS review on Category Two Lands other than Horr's Island), the County Environmental Section (with the assistance of local experts) will undertake these analyses in conjunction with Applied Environmental and Engineering Services, if desired, and incorporate the results into the recommendations regarding the site plan before final approval will be considered. (k) All site-specific surveys will be conducted prior to any site alteration. (1) Those surveys conducted by the Environmental Section will not delay Dcltcna'$ Developer's timetable. (m) Surveys for multi-family lots on Horr's Island may be delayed until future lot owners are ready to develop the site. (n) To this extent, the Dcltcna Develope~ needs only to have surveys conducted on those areas where they will undertake land alteration activities (i.e. roads, water management facilities). (o) Surveys for Dcltcna'~ DeveloDer's activities must however cover enough of the surrounding Words underlined are additions; Words =truck thr=uSh are deletions -58- areas to the selection of [ y more suitable locations. John Steven's Creek and Areas A and B of the Barfield Bay Multi-Family Area (p) The majority of site development construction, clearing, grading, and filling will be concentrated in those areas disturbed by previous activities and therefore non classified as R.U.E. lands. {q) At these sites, R.U.E. lands will be retained as developmental buffers utilizing extant native landscaping, and as an incorporation of natural amenities. (r) Land use is not precluded from R.U.E. areas, however, only those activities that will not significantly alter those areas' natural characteristics will be acceptable. Such activities could include bike paths, vita courses, nature trails, and other low impact activities. (s) Road corridors through R.U.E. areas, and locations where buildings or parking lots extend into these areas because of space limitations, will be carefully selected to ensure minimal loss of habitat and mitigated by the transplantation, where possible, of native vegetation to adjacent, unaltered R.U.E. areas. 2. Archaeological Resources (a) The archaeological survey of Horr's Island to be conducted by Dcltcna~ ~ archaeological consultants will classify all sites as significant (those needing to be preserved) and marginal (those where only a recovery dig is necessary prior to site development). words undCrlin~ are additions; Words c~.=uck ~.hrGuS.~. are deletions (b) The this survey incorporated in the final site and drainage plans for Horr's Island. Although not required, a similar survey is strongly recommended for other development sites within Category Two Lands which are classified as R.U.E. for incorporation into final design plans. (d) If not conducted by [k~-l-t-eee Developer, the Environmental Section, with the assistance of local archaeological groups will conduct a similar survey and include the results in the review and before any approval of the final site and drainage plans for these areas. (e) In addition to the pre-development surveys a program will be established allowing assessment of any archaeological sites or artifacts uncovered during site clearing, grading, excavation, or construction. (f) In such case, any development activity considered inimical to the integrity of the archeological find will be stopped temporarily to give the ~~, or the County , or the State of Florida archaeological consultant a chance to excavate the find. (g) The Environmental Section or its selected consultant will respond to such a find and conduct necessary excavation in a timely manner so that construction is not unnecessarily delayed. 2. water Resources (a) The final water management plans for Category Two Lands shall be designed to minimize the clearing and alteration of land in R.U.E. areas. (b) This will be accomplished by designing the water management facilities to direct the words underline~ are additions; Words et~~ are deletions majority from building parking lots to roadside swales. Overflow from these swales will be discharged through storm swales and spreaders at the wetland borders, carefully located to take advantage of the existing topography and flow channels and to minimize alteration of R.U.E. areas. (d) Conceptual site plans with water management features incorporating these comments are depicted in a generalized scheme in Figure 3, and for a section of Horr's Island in Figure 4. (e) The benefits of following such plans include: (I) development along existing topographic gradients will retain natural flow and filtration characteristics; (ii) direction of runoff to roadside swales, located in most cases near the center of existing ridges, will take advantage of the natural capacity of the sand and shell soils to percolate and filter water; (iii) the retention of side-slope R.U.E. areas to buffer development areas from the preserved wetlands will provide further filtration of runoff from the rear of development areas whiled maintaining the existing natural conditions; and (iv) the water entering the ground and/or adjoining wetlands will be partially or completely treated in the roadside and discharge swales, the wetland spreaders, and by percolation through ridge substrates and filtration through retained native wetland buffer vegetation. (f) The ultimate stormwater discharge points for Category Two Lands will be carefully located words underlined are additions; Words e~e~]% are deletions -61- in areas suited for waters. (g) Low quality, semi-impounded wetlands, buffered from productive aquative and wetland areas by distance, topography, or existing roads will be utilized. (h) Potential discharge points are indicated on Figure 1. (I) In order to minimize the degradation of water quality by the addition of fertilizers, pesticides, and herbicides, the area extent of lawns around the development will be kept to a minimum. (j) The Environmental Section recommends a sodded area of no more than five percent (5%) of any structure's area. (k) The use of retained and transplanted native cover naturally occurring under existing conditions will be emphasized. (1) The final water management plans for all Category Two Lands will be reviewed by both and ~ ~A~ and the WMAB to ensure that they integrate native vegetation and existing drainage features and are designed following the concepts stated in the County Environmentalist's May 15, 1984 memorandum depicted in Figures 3 and 4. (m) During plan preparation, Dcltcna Developer will work with County staff to arrive at a final produce compatible with these general guidelines and the associated conceptual diagrams. (n) Where two alternative water management approached exist, that approach which will best serve to minimize alteration of R.U.E. areas will be chosen. 4. Other words under~ned are additions; Words ~zuck %hr~u~h are dele~ions -62- (a) Native will be trans' development sites to border areas. (b) '~here transplanting is not feasible, native species, that would otherwise be destroyed, will be made available for the use of qualified individuals (e.g. the Native Plant Society, Applied Environmental and Engineering Services) in the restoration and enhancement of other Marco Island areas (e.g. County Park sites on Marco including Tigertail Park, other ~Itcna DevelQDer development areas). Native vegetation either existing in situ, or transplanted from construction sites will be retained and used where possible for landscaping and/or ground cover. (d) All existing exotics on site will be removed as required by County Ordinance. (e) The use of introduced non-native species for landscaping will be severely restricted. (f) All construction, clearing, and filling locations in or adjacent to designated R.U.E. areas will be flagged and field approved by the Environmental Section prior to the commencement of site work. (g) Turbidity screens, or other similar devices, will be used in association with work within or adjacent to wetlands. (h) All work in Category Two Lands will be conducted following the design considerations and conceptual drawings contained in the County Environmentalist's May 15, 1984 memorandum. C. Additional Stipulations (1) The EIS prepared by the Corps of Engineers will be accepted to fulfill the requirements of C-~ O~linancc 77 ~ Division 3.8 of the Collier County Words uDd,~rlir~d are addi=tons; Words c=ru=k =krc. u~.~. are dele%ions -63- Land Developmental. with the condition stipulations contained herein are followed. (2) Specific stipulations to modify site plans for all Cateqorv I and II Lands except for Fiddler's Cr~k, in order to minimize impact c~ native upland vegetation and habitats and to require for Category Two Lands final site plan review and approval by the EAC ~AB are contained herein to bring the development proposals into compliance with County environmental policies and standard review procedures and requirements. ' ' · not be reauired to COmDlV with ~h~ provisions hereof. (3) Modifications to the conceptual drainage plans along with new conceptual plans to incorporate environmental concerns are recommended for Category Two Lands and Unit 24 to ensure that the final water management design does not unnecessarily destroy native upland vegetation, habitats, and associated wildlife. (4) The ~ ~A~ and the WMAB will review and approve final drainage plans for Category Two Lands prior to construction for compliance with conceptual comments and designs outlined in the County Environmentalist's May 14, 1984 memorandum. (5) Tree removal permits are not issued at the time of rezone approval because of the conceptual nature of rezone plans and the lack of site-specific information, to the extent this provision is nO~ modified by the Aqreement between the appl~n~ ~n~ Collier County. dated APril 4. 1995. (6) Tree removal permits ~ Lands. will be issued for the proposed individual developments after the final site plans and drainage plans, based in some cases on required vegetational surveys, are reviewed and approved by staff and advisory boards m ' 'd words underlined are addi~ions; Words e~ are deletions -64- (7) Flagging and approval by the Environmental Section of the final alignment of the proposed docks and boardwalks is required prior to construction. (8) The rezone petition contains no plans for dredging associated with these structures. If required, dredging will therefore have to be reviewed under a separate petition. (9) The exact locations of the roads in Category Two Lands, will be approved during the review of the · final site plans. (10) Because some of the recommendations, particularly those ~.nvolving development in areas of Horr's l~ designated as rare, unique, or endangered, would require specific actions and further review to ensure environmentally sensitive development, it is suggested that the County allow a certain amount of flexibility in the site plans and density spread associated with these petitions. For example, site plans could be shifted and density units transferred from areas of high environmental concern to those with lower potential impact. (11) Some of the recommendations contained herein constitute variations from the Settlement Agreement. Within the Agreement, however, provision has been made for modifications of the plans such as proposed in the County Environmentalist's May 15, 1984 memorandum. Informal conversations with some of the other parties to the Agreement indicate that changes to further protect the natural resources of the area could be made with a minimum of difficulty. Staff believes that the design recommendations embodied in the May 15th memorandum represent additional methods, above and beyond those contained in the words ~ are additions; Words e%{~-%4~e~Ja are deletions -65- Settlement to permit the development while protecting the natural and cultural resources of Collier County. Staff, as representatives of Collier County, a party to the Settlement Agreement, will, in cooperation with [~q-t-e~%e v r dI L " initiate and attempt to negotiate the addition of the following Exhibits to the Settlement Agreement and any resulting modifications that may be necessary to the existing U.S. Army Corps Engineers permit: · Exhibit D - 12A Wherever vegetation is discovered onanv f~ which is deemed by Collier County to be rare, unique or endangered, ~e-lJeeBe Developer may eliminate rear yard and roadside swales and other drainage design features shown on D-2, D-3, D- 11, D-46, D-47 and D-48 of this Exhibit to the extent [~4-t-e~e p_~ and Collier County determine that to do so will reduce the adverse impact on such v~getation. In the event the Engineering Detail Drawings are varied in accordance herewith, [e vl~ shall be excused from compliance with the drainage retention requirements shown on D-11, D-46 and D-47. Note: The above applies to the following development areas: 1. Barfield Bay multi-family; 2. John Steven's Creek; and 3. Horr's Island Exhibit E - 1A Wherever vegetation is discovered in the Barfield Bay Multi-family, John Steven's Creek and Horr's Island development areas which is deemed by Collier County to be rare, unique or endangered, the following design criteria words ~ are addi~ions~ Words ~ are deletions -66- shall the extent Developer of Horr's Island and Collier County determine that to do so will reduce the adverse impact on such vegetation, in this Exhibit E: 1) Multi-family tracts and roadways abutting wetlands shall not be required to have minimum ten foot (10') wide by six inches (6") deep swale. 2) Multi-family areas shall not be required to drain toward rear yard swales. 3) Dolteta Developer shall be excused from compliance with the one-half inch dry retention storage requirement. 4) Drainage may discharge via sheet flow from roadside spreader swale, or rear yard swale, or through the rare, unique or endangered vegetation. To the extent that some or all of the provisions of the foregoing additional exhibits are not approved in accordance with the terms of the Settlement Agreement or are not approved by permit modification or otherwise by the U.S. Army Corps of Engineers or are otherwise not legally permitted, Dcltcna the Developer of Horr's Island shall design the Barfield Bay multi-family, John Steven's Creek and Horr's Island development areas as provided for in the Settlement Agreement; however, taking into consideration any provisions of the additional Exhibits as have been fully approved. SECTION SIXTY-FOUR: AMENDMENTS TO STIPULATIONS AND COMMITMENTS SECTION - SUBDIVISION REVIEW COMMITTEE Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 12.3., Stipulations and Commitments Subdivision Review Committee is hereby amended to read as follows: words underlined are additions; Words =truck through are deletions -67- A. The approved stipulations of the [=AQ EAB pursuant to the memorandum from County Environmentalist dated May 15, 1984, may necessitate exceptions from the Subdivision Regulations to accommodate fine tuning of the final site plan; B. Detailed engineering drawings as shown in the Marco Agreement will not necessarily apply, or would be subject to the County Engineer's approval at the time of platting in conjunction with the best development procedures. C. Platting and construction plan approval will be granted on a' segmental basis with applicable time restraints imposed by the Subdivision Regulations being applied to each segment. D. For the purposes of platting and replatting within the project area, assurance for the completion of subdivision improvements will be provided by ~^~ Escrc~ Agrccmcnt in a form ~' ' ~-, ........ , tc rcascnablc modificatio~--ee timc to ~-^ ~ ......... ~ v r b ~ v by the County Attorney. SECTION SIXTY-FIVE: AMENDMENTS TO STIPULATIONS AND COMMITMENTS SECTION - UTILITIES Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 12.4., Stipulations and Commitments - Utilities is hereby amended to read as follows: 12.4 STIPULATIONS AND COMMITMENTS - UTILITIES A. Waste Water Management (1) Under the franchise modification, as provided for below in "2" and this Section, Deltona, through Deltona Utilities, Inc., shall assume responsibility for constructing and operating additional wastewater treatment collection and disposal facilities and necessary to provide sewer words underlined are add£~ions; Words e~ are del~ions service to the ~o Development areas, those areas known as Unit 24 and Unit 27. (2) The Board of County Commissioners hereby authorizes Deltona to undertake the responsibility for sewer service, as provided in "1" of this Section, by granting the following modification to Deltona's Sewer Franchise Agreement, dated April 27, 1971 and recorded in the public records of Collier County in Official Records Book 401, Page 304 et seq. (the "Sewer Franchise Agreement:): (a) The sewer franchise area is hereby modified by deleting therefrom all property that is not designated as "Development Area" under the Marco Agreement and substituting therefore all property, not presently within the sewer franchise area, that is included within such Development Area. (b) Not withstanding this modification to the Sewer Franchise Agreement, Collier County mey~, ' ' '0 shallprovide sewer service to those areas known as Unit 24 and ' ' , provided Collier County has the capability and has committed to provide such sewer service prior to commencement by ~ evel~ of construction of any additional sewage treatment facilities to serve such areas. (c) With respect only to those areas known as Unit 24, ~ ~ shall dedicate all sewage collection facilities to Collier County at the time such areas are platted or replatted (whether or not the plats or replats are identified as Unit 24 ~). Simultaneously with such dedication(s), Collier County shall lease the collection facilities back to alternatively, Collier County may commit to words underline~ are additions; Words ~ are deletions -69- provide im~W~e sewer service to the~ed area, as provided in "b" above. In the event the collection facilities are leased back to ~ P3j/!P_P/E, the lease shall be on the following terms and conditions: (1) Lease Term - The lease term shall commence from the date of platting and continue uninterrupted for 30 years or until Collier County purchases the sewage treatment facilities as provided for in "d" below, whichever first occurs. (2) Annual Rent - $1.00 per annum payable annually in advance. (3) Lessee's Rights - Lessee shall have the right to use and operate the sewage collection system, and during the lease term, all connections to the system shall be customers of the lessee. Customers outside the Deltona Franchise Area but served through this facility shall be customers of the County. (4) Lessee's Obligations - Lessee shall have the responsibility to provide sewer service to the areas served by the sewage collection and lessee shall maintain and repair the sewage collection system so that upon termination of the lease, the system will be turned over to Collier County in good condition, reasonable wear and tear expected. (5) Other Provisions - The lease shall contain such other provisions as are typically included in commercial net leaseback agreements as ~PFceea P_~ and Collier County shall deem reasonable and appropriate. words ~ are additions; Words e~ are deletions -70- (d) In additio~ any other rights of ~er County to purchase the sewer system, as provid,,] in the Sewer Franchise Agreement, Collier County shall have the option at any time, upon twelve (12) months prior notice to Deltona, to purchase the sewage treatment facilities serving Unit 24 e~. In the event Collier County exercises this option, the purchase price shall be determined by adding: (1) The amount of Del~ona's investment in the sewage treatment facilities serving such Units less any salvage value of the treatment facilities (if Collier County does not desire to take title to such treatment facilities) and less any portion of Deltona's investment previously recovered from Customer credit impact fees to be collected by the County and returned to Deltona as a credit and (2) any accumulated net operating loss attributable to that portion of the sewer system occurring during that period commencing after 100 customers have been connected to the system through the date of closing. (~) ~ v'd 11 w w d ' v d b (e~) It is anticipated that ~ DiY3/.Q3~aZ will use treated wastewater effluent to meet the non-potable water demands for Unit 24 ~ ~. The effluent distribution lines will be dedicated to Collier County at the time of platting, and in the event ~ ~ leases back the sewage collection system as words underl%n~4 are additions; Words ~ are dele~ions -71- provided (2) above, the distribution lines will be included in the leaseback. (f~/) Deltona shall be required to locate the construction of a regional sewage facility in the general location of Unit 30. B. Water Supply and Treatment and Distribution (1) The County Water-Sewer District through its Regional Water System shall be the sole prorider and purveyor of water to those portions of the development lying within any non-franchised areas. (2) 'All plans and specifications for transmission and distribution facilities proposed for the areas under this petition shall be reviewed by the Utilities Division for conformance with current subdivision requirements and Utilities Division standards for construction. (3) All transmission and distribution facilities within the non-franchised areas shall be dedicated to the County Water-Sewer District prior to being placed into service. (4) All water users in the non-franchised areas shall be County customers. (5) Prior to the issuance of building permits for new water demanding facilities, the applicant for the building permit shall pay an appropriate system development charges applicable at the time application for the building permits are made. SECTION SIXTY-SIX: AMENDMENTS TO STIPULATIONS AND COMMITMENTS SECTION - TRAFFIC Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 12.5., Stipulations and Commitments - Traffic is hereby amended to read as follows: 12.5 STIPULATIONS AND COMMITMENTS - TRAFFIC Subject to FDOT approval, the dcvclopcr ~ COmmunity D~v~lQpm~n~ DiStriCt formed for Fiddler's Creek shall provide the following: words underlined are addi~ions~ Words e~ are deletions -72- Traffic signals at sam the new intersections~ed on SR-951 and US-41 when deemed warranted by the County Engineer. The signals shall be owned, operated and maintained by Collier County. B. All required auxiliary turn lanes at each new intersection created on SR-951 and US-41. C. Street Lighting at major entrances into the development. D. The ~ .... ~ ...... contribution ~ ~' Fiddler's Creek has contributed an 18.4 acre fill source ......... ~:-- traffic -^~-'^~ conot ' ' ....... :^- of ..... ~-^~ : .......... ~- at .... m.. created dcvclcpmcn~ rc=~ intcrsccticns ":~ ~ nc, ccmpliancc at ti,,~ cf building pcrmit Collier County to SUDD1V fill for t w' 'o Road 951 ~O four la~e$ bOtwO~n New YOrk Marco Brid~e, Pursuant to that certain A~reement betwee~ the County and Developer relatin~ to the wideni~q Of State Road 951 dated APril 4. 1995, all DeveloDmen~ of Regional Impact (DRI) and PUD conditions which had restricted development and construction ~raf=ic have been fully satisfied by construction of the existinq ~Our lanes Of $~a~e ROad ~51 ~nd by ex~ion of said A~reement. All such prior restrictions an~ gOndi~$Qns on develooment related to traffic impacts are no longer applicable. All prior obligations of DevelOper under this PUn document relatino to ~he provision Of ~ill for Sta~e RO~d 951 have been fully satisfied bv execution Of the A~reement between Developer and Collier County ~rantin~ the County the right to enter uoon the property for the purpose of excavation of the fill needed for ~he four-lanin~ of State Road 95~, The ~ .... ~ .... Developer shall provide traffic signals at internal intersections when deemed warranted by the County Engineer. words underlined are additions; words e%~q~k-~M~ are dele~ions -~q- SECTION - PLANNING DEPARTMENT Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 12.6., Stipulations and Commitments - Planning Department is hereby amended to read as follows: 12.6 PLANNING DEPARTMENT The Planning Department reviewed this petition and has the following recommendations: A. That the staff report recognize that SR-951, after four laning, will be approaching its capacity in 1990 and that appropriate recommendations be made to include the future 6-1aning of the northern most section in the county's Comprehensive Plan. B. The phee4 '' e , ' ' ~ · . ~ ' __ . Wcrds ~ are additions; words ~ are deletions -74- ~. That Unit 24 be prohiM from any development 951 is 4-1aned or the applicant be required to donate to the County the cash equivalent of the construction cost for the 4-1aning of 500 feet of SR-951. This donation, to be used by the County solely for the 4-1aning of 951, shall be determined according to FDOT's SR-951 construction plans and shall be made either prior to Unit 24's a) development in whole or in part of b) the transfer to any other person or entity of any ownership interest or right to control Unit 24, in whole or in part. This donation shall be independent of the other fairlshare contributions included within these recommendations. ~ ~. That the Isle of Capri Commercial PUD, due to the level of service of ER-951 closely approaching "D", be prohibited from any development un~.il SR-951 is 4-1aned. However, site development work including clearing and filling may be performed on the site prior to the 4- laning of SR-951, provided that such activity is otherwise in conformance with this PUD Ordinance particularly, but not limited to, the environmental and water management sections. D. That the Developers of Morr's Island and John $~evens Creek be responsible for the reconstruction of the intersections of SR-92, with the road to Horr's Island and John Stevens Creek. In the event that the State purchases Horr's Island, Dcltcna Developer of Horr's ISland will not be obligated to bear the cost of improvement to that portion of the intersection. ~ E- If the marina is developed, the applicant ~ the marina wil~ be responsible for the reconstruction (if necessary) of the intersection of SR-92 and the road to Goodland. F__=. The ~eveloper's contribution to the County of an 18.4 acre lake as a source for all the fill needs of the words underlined are additions; Words .-truzk =hr=u~h are deletions entire SR-951 ]L~ shall constitute its entire fair share obligation for surrounding traffic related construction~ with the exception of needed improvements at newlV created development road intersections with SR-951 and uS-41~ and compliance at ~he time of building permit with Collier County Ordinance 85-55, as amended from time to time. ~ '1 rib' ' im r v m m 1' wi i v w v · v ' ' ~aion ' 'mt u d ' D v m Order a UD dm n vd a v e im un -w' a i M Q. Any construction road r r'v e ad installed from ~ ' ' to U.S. Hwy 41 will be made available to Collier County as an alternative emergency evacuation route upon request by the appropriate Collier county governmental official. ~ . . It is intended that these recommendations supplement any other transportation related recommendations. If any of these recommendations conflict with any other recommendations, then the more restrictive should apply. words ~ are additions; Words ~ are dole=ions -76° SECtSIXTY-EIGHT: AMENDMENTS ADDING FIDDLER'S CREEK STIPULATIONS AND CONDITIONS Ordinance 84-42, as previously amended, the Marco Shores Planned Unit Development Document, Section 12.7., Fiddler's Creek Stipulations and Conditions is hereby added to read as follows: 12.7 F!DDLER'S CREEK STIPULATIONS.AND COND~TIONS A. No fi!liDq of the east-west canals/ditches contained on the 22.~ acre parcel described on. paqe 7 of EXhibi~ "FC- C" hereof ~hall OCCUr prior to the removal Of exotics from the Preserve parcel located betw.een Parcels I a~d 49 as depicted on Exhibit "FCoA" hereof. B. If the development activities in Fiddler's Creek are gause of floodin~ in the Port-Au-Prince ProjOct, pCv¢~Qp~r shall take immediate correct,v~.~¢~ioD, SECTION SIXTY-NINE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. DATE: , :.' BY: ~ " S= ATTEST: · '.. APPROVED AS TO FORM AND This o~lnor, te {ived ~;th · ' LEGAL SUFFICIENCY ~c,eta~ o~ 5t~% Off~t~ J~IE M.' STUDENT filinG received this L~r~ ~, / AssisTAnT COU. TY TTO N Y ]'F[DDL/R\TXTL/.SBA Wcrds underlined, are additions; Words :truck throug)~ are deletions -77- .. I U4~' 30 ° ' i :--- - ~ ---- ~ "" :?-~i ~ ,, ~it:::::?..7..'::'~': ..... - ........ '~ ~ '~ :' ~ ^ '~, i : .:..~: .,. . ..... :F .~ ~ ;~ ® ;. ~i~,.~ '-- ';!i 'i~ f~,~x- c,c/~z !~ '"' ~= "'lib : ..... ~~o~~ E ~,g,~.~:;;' ,,.,.,,,,"-°°,.o, ,.." , ............. ,,,,. ~ ~ ~ ..... '~ ........ Fiddl C 1 ~ , .... ,,,,, ......... , " ..... eF S Foe ( '. Master Plan EXHIBIT "FC-C" PROPO~IY 13CSCR~TIOH Portd 1 A parod of k~4 k~zted M Sectbet 11, 14, 1.5, 22, .23, 24, .and 25 Tew~h:p S1 ~ Rar~e 2~ F. ork Cc~er Count),, IrlarMa, I~ mo~e e[Cu~ ~t the Nor~e~ ~ ~! S4¢~on 22, 'Te-~ 51 Saut~, t~¢ 14<rinsed I/4 of eoM SactkR 22, Io~ e dtstoe~e d 27,M,26 t!~ H~'U~Nt 1/4 of e~Zd S*~t~ ~ f~' e ~ ef 144~2 feat ~ E:e~tedr tt~ht-ol-ee}, line or Sta~e Rod~ 9:51. · 200.00 feat flq~t--ef-~y: run SeuU~ 0Z'21~.1~' Welt, along t.,%e F.~edy f~g~t-d-e,), h of St~e I~ 951. lot' a dl~tanc~ ;f I:L~7,M f~ ~hev. A run South ~'$4'1g' Eoet for 1,~9 :~) fe~t: trim ev~ South 6r27'22' ['ed ¢'~ a dldzsr~4 m :South 5Cr5~'3~' r.~t ~ e dirtmac 'el ~.~ feet: the me S~uU~ 48~7'.19' Ca~ f~ a ~dano: ~' 14.1.49 f+d4 t~w~ce ~ S4~ 2:2~d~'25' ~.x:et t%x a ~,etance · _ ...... : ~ ~ ~ ~ ~ ~ ~ ~e ~ ~ I~ f~ -: ..... "' 1~ ~ ~ ~ 7~ ~ ~ 4 ~ d 51.~7 f~ ~ ~ ~ 16~ E~ f~ a ~ d ~ Eat ~ a ~mN ef 11~ fe~ ~ ~ H~ ~2' :: ef T3~57 ~ ~e ~ ~ ~ E~ ~ a ~ ~ 81.~ ~ a ~t~ ef 26~41 f~ ~ ~ ~ 14~' East f~ a ~dN o( e3.69 ~ ~17' West f~ o ~st~ o( 141.77 (.~ th~ ~ ~ ~4'~' ,-' Page 1 of 7. fN~ ~ ~ ~ ~r49'~ bt f~ e ~ ~ 11~7 fN~ ~ f~ ~, ~ ~ 7~ ~ f~ · ~ d 101.42 f~ ~ , ' ' ' d 317~ ~ ~ ~ ~ ~ ~ ~ · ~' d et~ ~ ... : f~ ~ ~ ~ ~ ~t f~ a ~ d 1~ f,~ ~ ~ ' , ef 111.52 ~ ~ ~ H~ ~31' ~ f~ e ~ of ~.63 Cast f~ o ~t~ of 121.76 fH~ ~ ~ H~h ~'20' East f~ a .- of 76.03 f~ ~ ~ ~ ~1~'11' East f~ , ~,l~e e( 6~gO · ~ ~ 62~2'~S' ~.t f~ ~ ~t~ of GI.~ f~ ~ ~ ~ 25~'42' East f~ o d~t~ of Q6.72 f~ th~ ~ ~ 07~01' test (~ o or 98.49 f~ ~e ~ ~ 20~4'0T' We=t f~ e dist~ of 97.2? fc~ ~cc 42~T4g' East ~ o ~st~ of 68.S7 f~ ~ ~ H~ !g13'04' Cast o ~(~ of T~.14 f~ th~ Nn N~ 7~'14' ~o~t f~ a ~st~ce of 446.92 N~lh ~2't0' We~t f~ a ~st~R of 63.59 fee~ ~ce ~ N~ffi 71~4't8' we~l I~ o ~ el 12~2g (e,t; thenew ~ N~h ~3'~' West f~ a d~iance of ITZ1S f~ th~cc ~ N~ 16~4'2T' West f~ o ~tm~ of ~.~ fec~ :h~ce r~ N~th 28~2'24' EaSt f~ a dlst~ce of 62.66 f~ Ih~ce ~ N~h 69'42'26' [o0~ I~ o dkt~ of 91.21 fce~ ~cc ~ H~h ~}'01' a C;st~ of %37.96 fH~ th~c4 ~ ~ffi 5115'23' Cast f~ a dist~ce of 66.95 Page 2 of 7 ' ' ~ ~ ~ 31~'~ ~ ~ o~ ~ ~ ~ ~ :,L N~et 1/4 of ~ ~ 2~ f~ ¢ ~ e( 271~ ~t to ~ N~ 1/4 Page 3 of 7 ~e Hov~hwe~f, I/4 of enid ~ 24, for ~ ~et~ ~ 2~ f~ to ~ H~ " ~, ~ 1/4 2749.~ flit Io ~'~' ~ ~ ~ I4. · 'N~d 1/4 ~ 1~ of h ~t 1/4 H~ 1/~ ~ o( h (~ t~ ef ~ h ~ 1/4 1 ~ 01~4~ C~ d~g h [~ h ~ h ~t I/4 ~ ~ ~ 11. ~1~ ~ ~ h ~ I/4 ~ 1~ ~ I~ ~ ~ ~ I/4 ~ H~l/4 ~ ~ ~ 1~ ~ ~ ~1~ Wc~ ~ ~ 1~ of ~ ~ 1/4 d ~ ~ T~ 51 ~ ~ ~ [~ f~ a ~ d 2~H f~t to 1/4 of ~ ~ ~ I~ d ~ ~ 1/4 d i ~ 1~ ~ · ~ d I~ fNt to h d ~ H~ 1/4 Eo~ I/4 ~ ~ ~ ~ 1~ ~ ~ ~ ~f~ W.~ ~ ~ [~ , ~ ~ h ~ I/4 of ~t ~v of ~ ~ 15 ~ ~ ~T ~ BLOC: ~tohhg 1664.6059 ' ' Page 4 of 7 P~cd 2 percd o( ~ ra, c, atc~ In S¢c/3o. 24. Tc~,~et~ 5~ Se4~h,. Rar~e 26 Co..~y. rlod44. b4,~ more pe~k~edy deecwlb~ et fdle-K '~- .-- ~' Wf( a ~t~ o( 51.15 fce~ ~ ~ 10~24' W~t e ~t~ce of 6Z54 fH~ ~e H~ 6g'~24' (~t a det~ ef 0539 (H~ 86~6'~' [at ~ dlst~cc of 109.~ fe~ th~ ~th 65~2'1~ (asto ~l~ce of 75.05 fee~ ~e H~ 60~' ~t o ~:t~ce of 67,21 'fat 32qZ'ST (~t a ~l~ of ~.42 fc4~ th~ ~th t9~33' [ast Q ~st~Cc Of 74.92 f¢e~ ~e ~th '12'~'58 [eat'e ~3t~ of 3~83 fe~ th~a ~ ~13'43' Watt e dlst~ce of 74.51 feat; ~a ~ 12 ~'14' W~t ~th ~4'17' [cot a ~et~ of 117.55 fH~ ~cc N~h 7516'58' [out a ~st~cc of 151.66 teat; ~c~ ~ 69'44'S2' [63t o d~t~cc ef ~61 21'~'~" W~t o dt3tonce of 96.89 fact; th~cc ~th 25'~5'~' ~.08 fce~ ~ce ~th 27'~*~' W~$I e ~st~e of ~.22 fN~ th~co ~th 29~2'54' Woc( O distance of 65.21 fee~ ~ N~ 45~'14' WeSt · ClsT~CI of ~0.69/ce~ ~ce N~h ~q5'28' ~ost a dlston~ of 265.~ f~t: ~ce ~tt, 69'44'32' East o ~st~cc of 375.~ feet %h~ce H~Th 64~4'1g* 149.18 feet: th~ H~h 7gD!'56' East e ~etence of ~4.6q 61~3'47' East o ~stonce of ~7.94: th~ce ~th 89'44'32' last e dlst~ce of 264.73 feat: th~cc ~(h ~'28' Wast o d;st~e of 141.7~ (~t to the P~NT ease 5 of 7 Page 6 of 7 ~COMMENCING AT THE SOUTH QUARTER CORNER OF SECTION 15, (CONCRETE MONUMENT), TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA RUN N 88°56'55" W ~FOR 1465.24 FEET; THENCE N 02°29'06· E FOR 694.66 FEET ALONG THE EASTERLY iRIGHT-OF-WAY LINE OF STATE ROAD 951; THENCE S 88°58'47" E FOR 1439.23 FEET; THENCE S 00020'25" W FOR 695.29 FEET TO SAID SOUTH QUARTER CORNER, LESS AND EXCEPTING THEWESTERLY 17 FEET OF THEHEREIN DESCRIBED PARCEL OF LANDFORTHE IPURPOSE OF ROAD RIGHT-OF-WAY AS SHOWN IN O'.R. BOOK 601166, PAGE 001070, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. A Page 7 of 7 Page i of 4 Page 2 of 4 ~oo' R.O.W. (O-4 ONE'r) I- ~ '~Ci '~'~~''';'~';''? '~ "' 25' · . : ; 100' R.O.W. (D-4) I; ! 50~ RIGHT-OF-WAY -'~'"'!-".": .... , ~ I. ~o' u.r.. ~_!_. _ ~' U.E. TYPE 'F' CURB AND ,GUTTER -J (~) '1 1/2'-'ASPHALT OR VALLEY GUTTER TYPE S-Ill t~6' . ,30'-0' UMEROCK BASE (~) '12' STABIU~'~ SUBGRADE · ' ® ,. ,,~. ,. ,~ ,~.,~.,,,~,. .so'. R.O.W;_(D-2~ & (D-~,) 4.' UUEROC~ BASE :. .- 5'VERT. ,~ '~ ,"t .o ~ 20' ~.£. . I ! , . SLOPI~ M~O( 4, :1 FROM 2' BELOW .... · CONTROL TO 1' ABOVE CONTROL ', D(IST. EI.~. VARIES ' [_ ---'~ 't~ll , FROM 4,.0 TO 7.5 4 ',,,W__~..l~3~V*- CALCULATION pURPOSeS. A '1.5:1 S~DE- 1 SLOPE ~LL BE USED. ~^,~ ,~^ ,o ~ ~o^v^~ ..... 1-\ I/ ~._._.._ z-~ , .to_: u~. _ I--- INTERNAL LAKE SECT~ N Page 4 of 4 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. 96-42 Which was adopted by the Board of County Commissioners on the 23rd day of July, 1996, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 26th day of July, 1996. DWIGHT E. BROCK ,., ." Clerk of Courts and Clerk-'!'..- ... '~. Ex-officio to Board of.. :'~..;;'." ,: '.' '~ :....,,~ . '. ,... County Commissioners ~; ~ ..... .. ~- ~