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Ordinance 95-33 ORDINANCE AN ORDINANCE AMENDING ORDINANCE NUMBER 91-I02, TME COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPRENENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 9631N AND 9631S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BRIARWOOD, FOR PROPERTY LOCATED ONE (l) MILE EAST OF AIRPORT ROAD ON THE NORTH SIDE OF RADIO ROAD, IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 16 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 76-62, AS AMENDED, THE FORMER BRIARWOO0 PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole, Nontea and Associates, Inc., representing MeAlpine Briarwood, Inc., and Republic Development Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real property located in Section 31, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A", which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(s) Numbered 9631N and 9631S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. Ordinance Number 76-62, as amended, known as the Briarwood PUD, adopted on March 18, 1976, by the Board of County Commissioners of Collier County is hereby repealed in its entirety. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. -1- PABItED AND DUL~ ADOPTED by the Board of County Commi.::,~ioner"= of Collier County, Florida, this ./J' day of //~./~J t995. ATTEST: BOARD OF COUNTY COMMISSIONERS ~WX~I{T..E:' BROCK, CLERK COLLIER COUNTY, FLORIDA ';' · ' ' /. B ;q3D-74-44 (3) ORDINANCE/13301 of ~ ;~.S_.~.,..,~.~ -2- DEVELOPMENT PLAN FOR BRIARWOOD A PIam_NNED UNIT DEVELOPMENT SECTION 31 TOWNSHIP 49 SOUTh, RANGE 26 EAST COLLIER COUNTY, FLORIDA ENGINEERS: HOLE, MONTES AND ASSOCIATES, INC. AMENDMENT PETITION FILING DATE - NOVEMBER, 1975 - CCPC APPROVAL - MARCH, 1976 ~ BCC APPROVAL - MAY 18, 1976 - ~_~ ORDINANCE NO. - 76-22 - ~ Revised 6/7/89 Revised -/7/93 Revised 4/95 BRIARWOOD PUD STATEMENT OF COMPLIANCE The development of approximately 209.17 acres of property in Collier County, as a Planned Unit Development known as Briarwood, is in compliance with the goals, objectives and policies of Collier County as set forth in the GrowthManagement Plan. The commercial, residential, recreational, and other development authorized herein will be consistent with the growth policies, land development regulations and ar~licable comprehensive planning objectives of each of the elements of the Growth Management Plan in effect at the time of approval by the Collier County Board of County Commissioners for the following reasons: Residential Project 1. The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Future improvements are planned to be in compliance with all current and applicable land development regulations as set forth in the Growth Management Plan and amendments thereto. 5. The project development results in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. 6. The project development incorporates a natural system for water management in accordance with their natural functions and cap~bilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The maxlmum densitV is less than 2.85 dwelling units per acre and is in compliance with the Density Rating System of the Future Land Use Element of the Growth Management Plan. 8. The project includes extensive open space and incorporates natural features to provide a high quality of life for its residents. Commercial Project 1. The co~waercial portion of the project has been determined to be consistent with Polic7 S.10 of the Future Land Use Element by virtue of the fact that an exemption was approved by the Collier County Board of Commissioners pursuant =o the Zoning Re-Evaluation Program. SHORT TITLE This Ordinance shall be known and cited as the Briarwood Planned Unit Development Ordinance. --.--- --,- m Index ~I'A~ OF COMPLIANCE LIST OF EXHIBITS PROPERTY OWNERSHIP AND DESCRIPTION S~CTION I PROtTECT DEVELOI~4ENT SECTION II TRACT SF: SINGLE FANILY RESIDEIfrlI~L DEVELOI~"NT SECTION Ill TRACT A: NULTI oFAI~ILY RESIDENTIAL DEVELOI~rENT SECTION IV TRACTS D & E: RECRF~TION AND CONSERVATION SECTION V TRaCTS S & C: COF,~UNITY CO~,~tiERCIAL SECTION VI DEVELOPI~ENT STMflDARDS SECTION VII LANDSCAPE DEVELOPl~ENT SECTION VIII LIST OF EXHIBITS EXHIBIT A Briarwood Develol~ent PUD Master Plan SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE The purpose of this Section is to delineate the location and ownership of the Subject Property and to describe the existing conditions of the property proposed to be developed under the project name Briarwood. 1.2 LEGAL DESCRIPTION The Subject Property is described as: The West ~ of the West ~; and the Southeast ~ of the Northwest ~; and the Southeast ~ of the Southwest ~, less that portion conveyed by Deed dated August 17, 1971 and recorded September 2, 1971 in O.R. Book 413, Page 212, Public Records of Collier County, Florida; and less that portion deeded for State and Road Right-of-Way, with parcels being situate and lying in Section 31, Township 49 South, Range 26 East, Collier County, Florida, consisting of 209.17 acres, mcre or less, being subject to restrictions and reservations of record. The Briarwood PUD no longer includes the following parcel: A parcel of land located in the Southwest ~ of Section 31, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Begin at the Northeast comer of Tract Do2 of Briarwood Unit One according to the Plat thereof recorded in Plat Book 18, at Pages 40 through 42 of the Public Records of Collier County, Florida; thence run North 88°07'03" East, along the South line of the Northeast ~ of the Southwest ~ of Section 31, Township 49 South, Range 26 East, for a distance of 999.79 feet to a point on the East line of the West ~ of said Section 31; thence run South 00°08'22" West along the East line of the West ~ of said Section 31 for a distance of 51.66 feet; thence run South 87°47'50· West for a distance of 1,000.00 feet to a point on the Easterly boundary of said Briarwood Unit One; thence run North 00~08'22" East along the Easterly boundary of said Briarwood Unit One, for a distance of 57.25 feet to the POINT OF BEGINNING, containing 1.249 acres, more or less. Subject to easements, reservations or restrictions o[ record. 1.3 PROPERT~f OWNERSHIP The Subject Property is owned by McAlp[ne (Briarwood), Inc., a Florida corporation, and Republic Development Corporation, a corporation of Ohio. 1 - 1 1.4 GENERAL DESCRIPTION OF PROPERTY AREA A. The general location of the Subject Property, the current zoning classifications of the surrounding properties and nearby land developments are iljustrated byExhibit B. The project site contains ~209.17 acres and is located in the West ~ of Section 31, Tow~lship 49 SQUth, Range 26 East, which is approximately one (1) mile east of Airport Road and situated between Radio Road and Golden Gate canal. While it is bounded by Radio Road on the South and Golden Gate canal on the North, the Eastern boundary is providedbya high voltage transmission line belonging to Florida Power and Light Company and the Western boundary is the proposed Livingston Road right-of-way. C. The current zoning classification of the Subject Property is Planned Unit Development (P.U.D.). The property is within :he Collier County Water-Sewer District and Collier County Water Management District 1. 1.5 PHYSICAL DESCRIPTION The project is located within Water Management District No. 1 and most of the area is within the drainage basin of the Golden Gate Canal. Water management for the proposed project is planned to be of the lake retention type. Elevations within the project site are approximately nine {9) feet above sea level. The soil types on the site are approximately ninety-five percent (95%) Arzell Fine Sand and five percent (5%) Sroward Fine Sand. The depth to bedrock in the area varies from five (5) feet to fifteen (15) feet below natural ground surface. Soil characteristics were derived from the soil survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 1954. The site is a typical pine-cypress woodland with the following existing vegetation: Slash Pine (Pinus elliotti}; Pond Cypress (Taxodium ascendens) scattered; Saw palmetto (Serenoa repens) often growing in large defined masses; Dahoon holly {Ilex cassine} scattered; Cocoplum (Chrysobalanus icaco) scattered; Wax Myrtle (Myrica cerifera) scattered; Melaleuca (Lalaleuca leucandendra} mature trees with isolated dense to scattered strands of second generation growth. In addition, there exists an Oak-palm hammock (defined on Exhibit H) of predominantly Quercus species and cabbage palms (Sabal palmetto). i 2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the r~spective land uses of the tracts included in the project, as well as the project criteria for Briarwood. 2.2 A, Regulations for development of Briarwood shall be in accordance with the contents of this document, ?UD- Planned Unit Development District and other applicable sections and parts of the Collier County Land Development Code in effect at the time of Building Permit application. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Ccl!ier County Land Development Code. 2.3 PROJECT PLAN AND LAND USE TRACTS A. The project plot plan, including layout of streets and land use of the various tracts, is iljustrated graphically by Exhibit "A", Briarwood Development ?lan. There shall be ten (10} land uses, the configuration of which is also iljustrated by Exhibit "A". 1, Tract SF: Single-Family Residential 89.70 acres 2 Tract A: Multi-Family Residential 18.30 acres 3 Tract B & C: Community Commercial 15.99 acres 4 Tract D: Recreation Area 3,00 acres 5 Tract E: Conservation Areas 7,00 acres 6 Lake Area 31.00 acres 7 Right-of-way 2~.00 acres 8 Future Livingston Road Right-of-way 11.80 acres 9 FPL Easement 2.80 acres 10. Open Space/Buffer 2.58 acres Total 209.17 acres B. Areas iljustrated as lakes by Exhibit "A" shall be constructed lakes, or upon approval, parts thereof may be constructed as shallow, intermittent wet and dry depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be designed for rain storms of twenty-five (25) year frequency and shall be in the same general configuration and contain the same general acreage as shown on Exhibit 2 - I "A". The lakes and interconnecting drainage swales shall be'dedicated to Collier County to ensure their continued availability, prior to final development order approval. The maintenance of the lakes and interconnecting drainage swales within Tract E shall be the responsibility of the owner of Tract E, prior to final development order approval. , C. In addition to the various areas and specific items shown in Exhibit 'A', such easements (utility, private, semi- public, etc.} shall be established within or along the various tracts as ~ay be necessar~ or deemed desirable for the service, function or convenience of the proJect's inhabitants. D. Fill material from the project may be sold for off-site uses. 2.4 MAXIMUM PROJECT DENSITY No more than a maximum of 600 residential dwelling units, single and ~llti-family, shall be constructed in the total project area. The gross project area is 209.17 acres. The gross project density, therefore, will be a maximum of 2.87 units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS The anticipated development schedule for the entire Briarwood project is set forth by Exhibit "F, of this document. Exhibit "A" (Briarwood Development Plan) constitutes the PUD Development Plan and the Preliminary Subdivision Plat or Subdivision Master Plan, provided that supplemental information rec[uiredbysubdivision regulations, not indicated on the PUD Master Plan, shall be submitted to Project Review Services for administrative review and approval prior to the submission of detailed construction plans for building permits. A. The developer of any tract must submit a Conceptual Site Plan for the entire tract prior to final Site Development Plan submittal for any portion of the tract. The developer may choose not to submit a Conceptual Site Plan if a Site Development Plan is submitted and approved for the entire tract. B. The developer of any tract 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 Division 3.3 Site Development Plans of the Collier County Land Development. Code. This 2 - 2 plan shall also show the location and size of access to any tract that does not abut a public street. C. In the event that any established tract as identified on the approved PUD Master Plan is proposed to be further divided in a manner that does not affect the approved infrastructure, increase the number of dwelling units, increase density, change the dwelling type or change permitted uses within the tract, the developer shall submit a revised PUDMaster Plan indicating the division of the established tract prior to the submittal of a Site Development Plan for the development of such a tract. The revised PUD Master Plan shall be submitted to the Planning-Zoning Director for review ~nd approval. D. Final Site Development Plan approval shall follow the procedure as requiredbyDivieion 3.3 - Site Development Plans of the Collier County Development Code. E. Model homes shall be permitted in conformance with the recIuirements of Section 2.6.33.4.1 of the Collier County Land Development Code. 2.7 LAKE SITING As depicted on the Master Land Plan (Exhibit A), lakes and natural retention areas have been sited adjacent to existing and planned roadways and throughout the project. The goals of this are to achieve an overall aesthetic character for project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the setback requirements described in Division 3.5 - Excavation, of the Collier County Land Development Code, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however, excess fill ,material may be utilized offsite, subject to the provisions of the Collier County Land Development Code in effect at the time permits are sought. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria. 2 - 3 SECTION III TRACT SF - FJnd~CE~LS 1 THROUGH 10 SINGLY- F~4ZLY RE-~ZDENTTAL DEVELOPMENT 3.1 PURPOS~ 'me p~z'~oee o~ ~hie Section ie to indicate ~he development plan and regulations for the area designated on Exhibit "A" as Tract SF, Single Family Rasidential, which has been designed specifically for the placement of homes for residential occupancy upon lots which are owned by the residents thereon. 3.2 MAXIMUM DWELLING UNITS A maximum number of 395 single family units ~ay be constructed in this tract. 3.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or part, for other than the following: A. Principal Uses: Single Family Residences. B. Accessory Uses: (1} Accessory uses and structures custo~arily associated with homes development, such as recreation facilities, service buildings, utilities and private garages. (2) Signs as pex~itted by Division 2.5 of the Collier County Land Development Code. 3.4 REGULATIONS 3.4.1 General: All yards, set-backs, etc. shall be in relation to the individual parcel boundaries. 3.4.2 Minimum Lot Area: 6,000 square feet. 3.4.3 Minimum Lot Width: 60 feet average between front and rear lot lines. 3 - 1 3.4.4 Minimum Yards: A. Front Yard - 25 feet. B. Side Yard - 5 feet. C. Rear Yard - 10 feet. D. All yards abutting a street shall b~ front yards. Four-sided comer lots shnll have two front and two side yards. Five-sided comer lots shall have two front, two side and one rear yard, with =he rear yard being farthest from the abutting streets. 3.4.5 Minimum Floor Area: 1,000 square feet of living area exclusive of patio and garage. 3.4.6 Off-Street Parking Requirements: Two parking spaces shall be required for each dwelling unit, both of which shall be located within the permitted building area. 3.4.7 Maximum Height: Thirty (30) feet above finished grade of lot. Accessory buildings are limited to twenty (20) feet above finished grade of lot. 3 - 2 SECTION IV TRACT A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT PARCELS 1 AND 2 4.1 PURPOSE T~e puz~ose of this Section is to indicate the development plan and regulations for the areas designated on Exhibit 'A" as Tract A, Multi-Family Residential. Prior to the issuance of any building permit, detailed architectural plans shall be submitted to the proper County agencies for review and approval as to conformity with the Development Plan and PUD document. 4.2 MAXIMUM DWELLING UNITS A maximum number of 205 dwelling units may be constructed on this tract. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following: A. Principal Use.: (1) Multi-Family Residences. B. Accessory Uses: (1) Accessory uses and structures, including private garages. (2) Recreational uses and facilities such as swimming pools, children's playground areas, enc. such uses shall be visually and functionallV compatible with the adjacent residences which have the use of such facilities. Such facilities shall not restrict the visual and functional enjoyment of the non- participating residences. (3) Signs as permitted by Division 2.5 of the Collier County Land Development Code. 4 o I 4.4 REGULATIONS 4.4.1 Minimum Yards: A. Radio Road Frontage - Seventy (70) feet measured from the Northboundary of Radio Road right-of-way as existing on January 1, 1975. Such yards may be used for parking, carports, and landscaping, except that in no instance may land be devoted to vehicular use within fifteen (15) feet of the future planned right- of-way for Radio Road. S. Dedicated Street Boundaries (other than Radio Road) Thirty-five (35) feet. C. Tract Boundaries that are not Dedicated Street Boundaries - Twenty-five (25) feet; however, pool or any screened enclosure shall be reduced to fifteen (15) feet. 4.4.2 Distance Between Structures: There shall be a minimum separation between structures of thirty (30} feet, or one-half (~) the sum of the adjoining building heights, whichever is greater. In instances where there shall be structures on opposite sides of the same multi- family tract, and these structures are separatedby a through accessway, a minimum of twenty (20) feet plus one-half (M) the height of the structure. 4.4.3 Minimum Floor Area: Each residential unit shall have a minimum floor area of 750 square feet. 4.4.4 Maximum |{eight: Four (4) floors of living area, with the option of having one (1) floor of parking beneath the living area. 4.5 PARKING AND ACCESS REQUIREMENTS 4.5.1 General Requirements and Specifications: Each off-street parking space shall be at least nine (9) feet in width and eighteen (18) feet in length and shall be so arranged that no automobile shall have to back into any dedicated street. Each , space shall be accessible from an access drive which interconnects to a public right-of-way. All 4 - 2 off-street parking facilities, including aisles, " driveways and maneuvering areas, shall be surfaced with a hard, dustless material. All off-street parking facilities shall be suitably sloped and drained so as not to cause any nuisance to adjacent or public property. Access drives shall have a minimum ~avement width of twenty-four (24} feet wherever there is parking along their edge. Otherwise, the minimum pavement width of access drives shall be twenty (20) feet. 4.~.2 Locationz Parking spaces required for buildings within a tract shall be located within said tract and shall be located on the same side of the access drive as the building being served. 4.5.3 Requirements: Parking Spaces o Two (2) parking spaces per residential unit. Twenty-five percent (25%} of the required spaces maybepreserved as green space and i~proved as parking as future demand requires. 4.6 ACCESS TO RADIO ROAD One access drive shall be permitted to connect Tracts A and SF to Radio Road, and another access drive shall be permitted to connect Tracts A and SF to future Livingston Road. One access drive shall be permitted to connect Tracts B and C to Radio Road and another access drive shall be permitted to connect Tracts B and C to future Livingston Road. SECTION V TRACTS D AND E RECREATION AND CONSERVATION 5.1 PURPOSE The purpose of this Section is to indicate t~e Development Plan and regulations for the area designated on Exhibit "A" as Tracts D and E. Tract E, Parcels 1-3 shall remain as natural open space. Tract D, Parcel I of 2 shall be a recreational area. Applicant has dedicated one hundred {100) feet of right-of-way for the extension of Livingston Road and twenty-five (25) feet for the widening of Radio Road along its west and south boundaries, respectively, at no cost to the County. 5.2 NATURAL OPEN SPACE Tract E, Parcels 1 - 3, shall remain as a conservation area. If Tract D remains as natural open space, the following regulations shall apply. A. Permitted Uses No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: (1) Natural Open Space. (2) Water management facilities such as lakes, swales, control structures and pumping stations. (3) Central water treatment facilities in accordance with all applicable State and County regulations. (4) Recreational facilities (Tract D, Parcel 1 of 2 only). B. Maximum Height Twenty (20) feet above the finished grade of the surrounding land. 5 - I SECTION VI TRACT B & C: COMITY COMMERCIAL PURPOSE The purpose of this Section is to set forth the plan and regulations for the areas designated on Exhibi~ "A" as Tract B & C: Community Commercial. ~. 2 USES PERMI'Er~u 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. Principal Uses: (1) Restaurants - No drive-ins. (2) Cocktail lounges and retail package sales of liquors and other beverages, no drive-ins, subject to the provisions of the Collier County Land Development Code. (3) Retail shops, shopping centers and stores. Retail shops, shopping centers and stores may include incidental processing and repair activities, provided they are accessory and subordinate to the retail sales use, and provided that all storage, processing and repair of merchandise occurs within the principal buildtn~ except that such uses as garden shops may be outside but within a totally fenced area connected to the principal building. 14) Financial institutions. (5) Golf driving ranges. (6) Professional, business, financial, utilities offices and services. (7) Medical offices and clinics for humans. (8) Barber and beauty shops. : (9) Shoe repair shops. (10) Laundry and dry cleaning pickup establishments and · self-service laundry. ~ (11) Retail bakeries. (12) Tailoring, millinery, garment alterazion and repair. (13) Museums. B. ACCESSORY USEa: (1) Accessory uses and structures.. cuatomarily associated with the uses permitted in this district. {2) Signs as permitted by County Ordinance. C. CONDITIONAL USES: The property may be used for the following conditional uses subject to Section 2.7.4, Conditional Use Procedures of the Collier County Land Development Code: {1) Transient lodging facilities with a minimum of twenty (20) dwelling units. (2) Schools and Colleges. (3) Private Clubs, subject to the provisions of the Collier County Land Development Code. (4) Motion picture theaters and live theaters no drive-ins. (5) Commercial and private parking lots and parking garages. (6) Service Station, subject to the provisions of the Collier County land Development Code. 6.3 REGULATIONS 6.3.1 Minimum Lot Area: None 6.3.2 Minimum Lot Width: None 6.3.3 Minimum Yards: A. Radio Road Frontage Twenty-five (25) feet measured from the North boundary of Radio Road right-of-way which shall be the Radio Road right-of-way as of January 1, 1975, along with the twenty-five (25) feet set aside in this Ordinance. Such yard shall not be used for permanent structures and the first fifteen (15) feet north of the new right-of-way shall be a landscaped green belt. 6 - 2 B. Tract boundary lines and dedicated roads other than Radio Road - twenty-five (25) feet, [no parking shall be allowed nor any merchandise stored or displayed in the outer fifteen (15) feet]. C. Separation between structures One-half (M) of the sum of the heights of th~ structures. 6.3.4 Minimum Floor Area: 1,000 square feet per building on the ground floor. 6.3.5 Maximum Height: 30 feet above finished grade. 6.3.6 Maximum Floor Area: Twenty percent (20%) of Commercial land area. 6.4 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING Off-street parking and off-street loading ~hall conform to the requirements of the Collier County Land Development Code. 6.5 FUTURE RIGHT-OF-WAY REQUIREMENTS A parcel of land parallel to Radio Road - twenty-five (25) feet in width shall remain as an unused part of Tracts B and C so that it may become a part of any future expansion of Radio Road. The additional right-of-way (twenty-five (25) feet along Radio Road) will be dedicated to the appropriate governmental agency at the time of the expansion of Radio Road. 6.6 ACCESS TO P, ADIO ROAD AND FUTURE LIVINGSTON ROAD One access drive may be permitted from Tract B and Tract C connecting with Radio Road and in that event such connections shall be at least five hundred (500)feet from the centerline of Briarwood Boulevard. Tracts B and C shall also have one connection to future Livingston Road. 6.7 ACCESS TO BRIARMOOD BOULEVARD Access from Tracts B and C to Briarwood Boulevard shall be limited to one {1) driveway. This internal access may be provided when the temporary sewage treatment plant is removed from site. Access from Tract A - Parcel 2 of 2 to Briarwood Boulevard shall be limited to one (1) driveway. 6 - 3 6.8 DEVELOPMBNT STANDARDS GOLF DRIVING RANGE A The hours of operation for the golf driving range shall be limited to the hours of 8=00 a.m. to 8:00 p.m. 9 A 100-foot setback shall be provided along the northwest property line for which no strucnures shall be placed or play area conducted. .-. C. Safety netting or fencing shall be required along the Radio Road frontage to protect thi~ roadway as necessary to ensure public safety. D. If the golf driving range use is still in existence at the time of construction of Livingston Road along the westerly edge of the parcel, then the ball netting shall be ex~cended to protect the entire Livingston Road frontage as necessary to ensure public safety. E. Adequate protective netting shall be installed along the Radio Road frontage of the chipping green. F. Landscaping, including hedging, shall be provided along the perimeter of any required safety netting. Trees adjacent to the required safety netting shall be placed on 20 foot centers and shall Teach a height of 15 feet in 2 years from the time of installation. G. Landscaping shall only be required to exceed the current provisions of Div. 2.4 of the Collier County Land Developu~nt Code, adjacent to the required safety netting. H. Landscaping required in exces~ of the requirements of the Collier County Land Development Code for the safety netting will only berequired to b e maintained as long as the driving range ks in operation. SECTION VII DE~LOI~I~FT STi~N'DARDS FU~POSE The purpose of this Section is to set forth the standards for the development of the project. 7.2 GENER~ All facilities shall be constructed in strict accordance with the Briarwood Development Plan and all applicable State and local laws, codes and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code in effect at the time of approval of the record plat shall apply to this project. 7.3 BRIARWOOD DEVELOPMENT PLAN A. Exhibit "A", BriarwoodDevelopment Plan, iljustrates the proposed development, and the location of the temporary sewage treatment facilities as permittedby Sections lII and v of this document. B. Except for such definitive facilities and demarcations as street locations, tract boundaries, etc., the design criteria and system design iljustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in the project. 7.4 PROJECT DEVELOPMENT The proposed development is iljustrated by Exhibit "A". The proposed construction shall comply with the 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 cul-de- sac at street ends, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objective. 7.5 CLEARING, GRADING, EAR~ORK, AND SITE DRAINAGE All clearing, grading, earthwork, and site drainage work shall be performed in accordance with all applicable State and local codes. 7 - 1 The three (3) designated conservation areas in the project will be protected during construction with fencing and posting. The haul roads will be identified, and the contractor will adhere to these roads, which will be stabilized if sand traps occur. 7.6 STREET CONSTRUCTION All public street design and construction s~all meet the Collier County standards that are in effect at the time of approval of the record plat. Briarwood Boulevard shall be constructed as a four lane divided section from Radio Road along the length of Tract A - Parcel 2 of 2 with a transition to a two lane section within three hundred (300) feet north of the north property line of Tract A - Parcel 2 of 2. The remainder of Briarwood Boulevard and all other streets shall be constructed as two lane sections. A bicycle path shall be constructed along Briarwood Boulevard from Radio Road to the intersection of Briarwood Boulevard with Progress Avenue and future Livingston Road. 7.7 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV cable, 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. 7.8 UTILITY DIVISION A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Land Development Code, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by ~he County in accordance with the County's established rates. Should this County not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's offsite water and/or sewer facilities are available to serve the project. 7 - 2 C. It is anticipated that the County Utilities Division will ulhimately supply potable water to meet the consumptive demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the proJect's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on~ite treatment facilities and/or interim onsite sewage treatment and disposal facilities adequate to meet all requirements of the ap~ropriate regulatory agencies. An agreement shall be entered into between the County and the Developer binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of the Collier County Land Development Code. D. If an interim oneits water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. E. The existing offsite water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, consistent with the County's Water Master Plan to insure that the Dis~rict's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. F. The onsite water distribution system to serve the project shall be connected to the District's twelve (12) inch water main on Radio Road, extended to and throughout the project, terminating at the proJect's north property line at a point established by the Utilities Division, consistent with the findings of Item E above. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall be eliminated by losping the internal pipeline network. 2. Stubs for future system interconnection with adjacent properties shall be provided along the east property line of the project, at locations to be mutually agreed upon by the Utilities Division and the Developer prior to the design phase of th~ project. 3.. If oversizing of the project's water distribution " facilities to meet the needs of the County Water Master plan is required pursuant to Items E & F, the Developer shall enter into an Agreement with the Collier County Water-Sewer District for that work. The Agreement must be finalized and accepted by the District prior to the approval of construction documents for the p~oJect by the County. ~. The utility construction documents for the proJect's onsite sewerage system shall be prepared to contain the design and construction of the onsite and offsite force main which will ultimately connect the project to the future central sewerage facilities of the District at Pump Station 3.10, to be located on Tract 10 of the Foxfire Subdivision. The force main must be extended from the main onsite pump station to a point outside the proJect's southern boundary as specifically required by the Utilities Division and capped, unless the County's central sewer facilities are available for connection at the time of construction. It must be interconnected to the onsite main pump station with appropriately located valves to permit for simple redirection of the project's sewage when connection.to the County's central sewer facilities becomes available. Ultimate connection to the County's sewerage facilities will be the responsibility of the Developer pursuant to the required Agreement regarding the use of an interim sewage treatment facility as specified in Item 3 above. H. The utility construction documents for the project's onsite sewerage system shall be prepared so that all sewage ultimately flowing to the District's Master Pump Station No. 3-10 is transmitted by one (1) main onsite pump station. The Developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the District's Sewer Master Plan. 7.9 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with an approved solid waste disposal service to provide for waste collection service to all areas of the project. 7.10 O'I"HER UTILITIES Telephone, power and TV cable service shal! be made available to all residential areas. All such utility lines shall be installed underground. 7 - 4 7.11 TRANSPORTATION A. The main entrance to the residential portion of the project (designated BriarwoodBoulevard on the site plan) shall be in alignment with the main entrance to Foxfire Subdivision. B. The developer shall provide a fair share cpntribution to the capital coat of a traffic signal on Radio Road at the main entrance to the project when deemed warranted b Y the TransportationAdministrator. The signal shall be owned, operated and maintained by Collier County. C. The developer shall provide left and right turn lanes on Radio Road at the main entrance to the project. This construction shall be coordinated with the four laning of Radio Road. D. The commercial tract shall be limited to one access to Radio Road and one access to the future Livingston Road. Approval of these accesses at this time does not imply that median openings will be permitted when these roads are four laned. Appropriate turn lanes shall be provided at each access. E. The developer has dedicated twenty-five (25) feet of additional right-of-way throughout the project's Radio Road frontage and one hundred (100) feet of right-of-way along the section line at the proJect's western boundary. F. These improvements are considered "site related" as defined in Ordinance 92-22 as amended and shall no= be npplied as credits toward any impact fees required by that ordinance. 7.12 ARCHITECTURAL REVIEW All buildings constructed within Briarwood must comply with the architectural review standard~ which shall be specified by the recorded covenants and deed restrictions that go with the properties. 7.13 ACCESSORY STRUCTURES Accessory structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks of the principal structure. 7 - 5 7.14 SIGNS All signs shall be in accordance with the Collier County Land Development Code. 7.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for offstreet parking areas. shall be in accordance with Section 2.4 of the Collier County Land Development Code. 7.16 PARKING, STO~J%GE, OR USE OF MAJOR RECREATIONAL EQUIPMENT Major recreational equipment is hereby defined as including boats and boat trailers, horse trailers, travel trailers, pickup camper or coaches (designed to be mounted or motorized vehicles), motorized dwellings or motor homes, tent trailers, popout campers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether containing such equipment or not. No major recreational equipment shall be used for living, sleeping, or housekeeping purposes when parked or stored on a residentially zoned lot or in any location not approved for such use. Major recreational equipment may be parked or stored only in a completely screened area and cannot beseen from the exterior of the lot; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading and unloading. 7.17 PARKING CO{4MERCIAL VEHICLES IN RESIDENTIAL ARF3%S A. It shall be unlawful to park a commercial vehicle on any lot in a residential zoned district unless one of the following conditions exists: (1) The vehicle is engaged in a construction service operation on the site where it is parked. The vehicle must be removed as soon as the construction or service activity has been co,,pleted. (2) The vehicle is parked in a garage, carport, fully screened area arad cannot be seen from the exterior of the lot. (3) Automobiles, vans, pick-up trucks having a rated load capacity of less than one ton, shall be exempted from this Section. 7.].8 WATER MANAGEMENT A. The project shall be designed and constructed so as to direct the surface runoff from all areas of the project through the project water management system. 7 - 6 B. A.dryseasonpool maybe maintained in the lakes portion~ of'the project by pumping from the Golden Gate Canal. All required permits shall be obtained prior to pumping. C. Detailed site drainage plans shall be submitted to the Project Review Services for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance wit~.the submitted plans, is granted by the Project Review Services. D. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land DeveloXxnent Code and South Florida Water Management District rules. E. Copies of the approval from South Florida Water Management District for the conceptual plan and construction/o~erations permit for each phase of construction sites be provided. F. A revised Master Plan reflecting the relocation of I~mkes 1, 2 and 7 to meet the requirements of Section 3.5 of the Collier County Land Development Code shall be submitted. The typical lake section shall also be planned to meet the requirements of the Collier County Land Development Code. G. All lakes will be "developer type" excavations unless commercial uses are intended and identified in the PUD document. 7.19 EXTERNA/~ Antennas, including but not limited to T.V., C.B., F.M. and ham radio antennas, shall not be permitted to be located external to the principal or accessory structures residential districts. 7.20 ENGINEERING A. No development activity shall begin prior to approval of final detailu plans, plats or Final SDPs. Excavation work may begin only upon specific agreements between the County and the applicant relating to quantity, location, clearing, submission of final plans, bonding, etc. B. All required Right-of-Way for Livingston Road and Radio Road shall be dedicated to the County prior to approval of construction plans for any tract. However, the dedication may be part of the first plat. C. Progress Avenue shall not be connected to the internal roadway system until Livingston Road is built. 7 ~ 7 D. A.. Preliminar~ Subdivision Plat submission shall be r~uired, in accordance with Division 3.2 - Subdivisions, of the Collier CountyLand Development Code as amended or superseded, on all tracts as they are individually developed. The submission will be administratively reviewed by staff prior to construction plan submission by the applicant. If the tract is not intended to be subdivided, the applicant will submit an S~Papplication. E. No variances to the subdivision regulations are requested, none given. F. Conservation areas shall be placed under conservation easements by separate easement or tract. Setbacks set forth in Section 3.2.8.4.7.3 shall be maintained from conservation areas. 7.21 ENVIRONMENTAL STIPULATIONS A. The PUD shall be in compliance with the environmental sections of the Collier County Land Development Code and Growth Management Plan, Conservation and Coastal Management Element at the time of final development order approval. B. In conjunction with Florida Game and Freshwater Fish Commission (FGFWFC), Petitioner shall transfer the gopher tortoises to the consevvation areas and/or leave the tortoises where they are presently located. This is also in accordance with Policies 1.1.5 and 7.3.5 of the Collier CountV Conservation and Coastal Zone Management Element. C. Petitioner shall designate the three (3) areas along the western border of the site (the cypress wetland, xeric habitat, and cabbage palm hammock) as conservation areas. These areas ~hall be so designated on all subsequent site plans. Buffer zones, at least ten (10) feet wide (twenty (20) feet wide for Parcel I of 3 in Tract E), shall also be established around each conservation area and shall be designated on all future site plans. D. Development shall be in compliance with the provisions of Section 3.9.5.5.3 of the Collier County Land Development Code. Should any areas be required to be set aside for preservation to implement this provision, they shall not result in the reduction of density. or preclude the development of any single family uses identi[ied on the PUD Master Plan and set forth in Exhibit A. Areas required to be set aside for preservation areas shall be platted as preserve areas. 7 - 8 SECTION VIII LANDSCAPE DEVELOPMENT 8.1 FullPOSE The purpose of this section is to establish guidelines for the preservation of certain natural resources. ; 8.2 OBJECTIVE To enhance the quality of the environment ior future residents of this development and the community as a whole by: A. Establishing guidelines for maximum utilization of existing natural vegetation within the development plant. B. Preservation of Tract E - three (3) conservation areas, in a natural unaltered condition. C. Establishing guidelines for re-vegetation of cleared areas. 8.3 LANDSCAPE DE~ELOPMENT 8.3.1 Single Family Dwelling Sites: With the exception of platted portions of Unit One and Unit Two, all future single family development areas s~mll be in compliance with Division 2.4 of the Collier County Land Development Code. 8.3.2 Multi-Family, Streets and Right-of-Way and Commercial: (to include Tracts A, B and C} All landscaping for multi-family, and commercial tracts and streets and right-of-ways shall be in accordance with Division 2.4 of the Collier County Land Development Code. 8.3.3 Tract E - Conservation Areas: A. Function: Preservation of an invaluable natural resource community. Provide an opportunity for study and enjoyment of the community. B. Treatment: Total protection of flora and fauna. Prohibit vehicle and construction equipment access. Removal of obnoxious exotics. Prevent removal of valuable plant life. 8 - 1 8 - 2 8.3.4 ,,. Florida Power & Light Righ=-of-WaV: This area has been totally cleared and has been stabilized with Bahia grass. This area maVbe used in part as open space and shall be vegetated with appropriate grasses. 8.3.5 Lakes: A. Function: Provide water retention, recreations and visual qualitV for =he communitV. B. Treatment: On completion of construction, lake banks will be re-vegetated with durable grasses to control erosion. 8 - 2 STATE OF FLORIDA COUNTY OF COLLIER ~ I, DWIGHT Z. 3ROCX, Cl~r~ nf Courts in ~nd for the Twentieth Judicial Circuit, Collier Count%'. FZor!r:a, do hsTebv certify that the forego,tnq is a true copy of: Ordinance r.:o. ~5-33 which was adopted by the ~oard of County Commissioners on the 25th day of April, 1995, during ~egular Sasslon. WITNESS my hand and =he offtclu~ eea~ of ~he Board of County Commissioners of Coillet County, Plotida, :!~is 1~ day of May, I995.