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Ordinance 95-35 ORDINANCE 95-_~,_ AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, $;HICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 8619N AND 8619S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS CARLTON LAKES, FOR PROPERTY LOCATED ON THE NORTH SIDE OF IMMOKALEE ROAD (CR. 846), IN SECTION 19, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 245.7 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 94-60, AS AMENDED, THE FORMEN CARLTON LAKES PUb; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Michael R. Fernandez, of Agnoll, Barber & Brundage, Inc., representing Naples Interstate Associates, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED 8Y THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real property located in Section 19, Township 48 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(e) Numbered 8619N and 8619S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. Ordinance Number 94-60, as amended, known as the Carlton Lakes PUb, adopted on December 22, 1994, by the Board of County Commissioners of Collier County, is hereby repealed in its entirety. SECTION THREE: 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. PASSED AND DULY ADOPTS) by the Board o[ County Commissioners of Collier County, Florida, this a~ day of '//>~,/ , 1995. ATTEST:. BOARD OF COUNTY COMMISSIONEI~S DWI..GHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ~0v~ ~s To 'ro~ AND LEGAL BUFFICI~NCY POD-87-36(2) ORDINANCE/t3499 T/~ ofo"ho~e ~rlle<f ~ t"he -3- CARLTON LAKES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING MASTER PLAN GOVERNING CARLTON LAKES, A PLANNED UNTT DEVELOFMENT PURSUA.I~ TO PROVISIONS OF THE COLLIER COUNTY LAND DEVELOPMENT CODE PREPARED FOR: NAPLES INTERSTATE ASSOCIATES A CALIFORNIA LIMITED PARTNERSHIP PREPARED BY: MICHAEL R. FERNANDF. Z. AICP PLANNING DIRECTOR OF AGNOLI, BARBER & BRUNDAGE, INC. 7,$00 TAMIAMI TRAIL NORTH. SU|TE 200 NAPLES. FLORIDA 33963 (813) 597-3111 DATE REVIEWED BY CCPC 3/I 6/95 DATE APPROVED BY BCC 5/16/95 ORDINANCE NUMBER 95-35 · AMENDMENTS AND REPEAL DOCUMENT L}ATE 5/15/95 gXHIBIT "A" TABLE OF CONTENTS LIST OF EXHIBITS AND TABLES STATEMENT OF COMPLIANCE iv v S~ON [ PROPERTY OWNERSHIP &: DESCRIFrlON I-1 1-3 S~ON II PROJECT.DEVELOPMENT 2-1 2-9 SECTION Ill LOW TO MEDIUM DENSITY RESIDEIN'TIAL AREAS PLAN 3-I 3-7 SECTION IV NEICIHBORHOOD COMMERCIAL 4-1 4-2 SECTION V RECREATION, LAKES AND OPEN SPACE 2- I ~-2 SECTION VI CONSERVATION/PRESERVATION AREAS 6-[ 6-.! SECTION VII GENERAL DEVELOPMENT COMI~,IITMENTS 7-1 7-10 LIST OF EXt~InlT~ AND TABLES EXItBIT A FUD Master Plan EXItlBIT B Location Map TABLE I Land Us~ Tables TABLE H ~ Market Abso~on Schedule TABLE [] Summary of Develoi~ment Standards for Residential Developments STATEMENT OF COMPLIANCE The development of at~oximmly 245.77 ac~s of property in Collier County. as a Planned Unit [k'vclopmem to be known u Carlton Lakes will I~ in complianc~ with the goals, objectira exi policies of Collier Coumy as set forth in the Ckowth Mat~ement Plan. The resi~ ~ ed recr~tiorml facilities of Carlton Lakes will be cor~stm~ with applicable coml~'~'htnsive plem~ng o~ectjves of each of t~ elements of ~ Orow~ ~anagcmcnt Plan t~r U~ following rmsons: 1. The subject property b within the Urban Residential Land Use Desigrmion as identified on ~e Future LarKi Use Map as requited in Objective I, Policy 5.1 lind Policy 5.3 of the Futm'e Land Use EImetrdFLUE). The Density Rating System contained in the FLUE yields the pmpeay eligible for a density of up to six (6) dwelling units per ac:,e. Tbe pmpcrty is within the density band atound the Boulevard Extension along the frontage of the Carlton Lakes PUD, is negated by the proposed use of gatehotaes at entries to fit residsmial component of the project. Therefore, the following tabulation is applicable: Base Density in Urban Area 4 du/a Density Band +3 du/s Lack of lrAereonnection$ - ! du/a Total Eligible Densit 6 du/a The site's t~sidential component is 238.77 acres. T!',erefore, the maximum number ofuIlit$ this development is eligible for is 1,433 tmitt The ~ development is for a maxinmm of 800 uniLs. The project site (not inclusive ofthe .seven acre commercial tract) will have an approximate density of approximately 3.4 units per acre. This density is less than the maximum permitted and deemed consistent with the density provided for by the County's Growth Management Plan. The seven (7) acre commercial tract has been granted a Compatibility Exception (al~lieafion #CEX-OO I-UE, Re~olution No. 9'2-196). Therefore., the commercial uses - [being a portion of] the same uses listed in the original Carlton Lakes PUD, Ordinance No. 88-56 - are consistent with the Future Land Use Element, pursuant to Policy 5.11. SECTION PROPERTY OWNERSHIP AND DESCRIPTION The lxtposeoflhis Section is toset forththe ltx:sfion and ownetship of the property, snd to ~be the existing conditions ofth~ pmlx'Ry proposed to t~ developed under the project nanme of Carlton Lakes. 1.2 LEGAL DESCRIP~ON The subject property being 245.77+/- acres, is described as: ALL THAT PART OF TIlE WEST 1/'2 OF SECTION 19, TOWNSHIP 48 SOLrTTL RANGE 26 EAST, COLLIER COUNTY, FLORIDA BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TIE SOU]ltg/EST CORNER OF SAID SECTION 19:, THENCE ALONG THE WEST LINE OF SAID SECTION 19, NORTH OI '07'34' WEST 100.00 FEET TO THE NORTH LINE OF AN EASI~4~NT FOR DRAINAGE PURPOSES AS DESCRIBED IN DEED BOOK 44 AT PAGE 78, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THAT PARCEL AS DESCRIBED IN O.R. BOOK 767, PAGES 1508 AND 1509 AND O.IL BOOK 768, PAGES 828 AND 829, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; ~CE ALONG THE BOUNDARY OF TItAT LAND AS DESCRIBE~ IN SAID O. IL BOOK 767, PAGES 1508 AND 1509 AND O.IL BOOK 768, PAGES 828 AND 829, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA, TILE. FOLLOWING DESCRIBED NINE (9) COURSES; 1) NORTH 89'08'48" EAST ~50.00 FEET; 2) NORTH 01 '07'34" WEST 549.50 FEET; 3) NORTH 88 '52'26" EAST 30.00 FEET; 4) NORTH 01'0734" WEST2017.43 FEET; 5) NORTH 00'58'48" ~ 582.54 FEET; 6) NORTH g9'01'12' EAST 360.130 FEET; 7) NOR'Ill 00'58'48" WEST 800.00 FEET; 8) SOUTIt 89'01'12' WEST400.00 FEET; 9) NORTH 00'58'48" WEST 1280.00 FEET TO A POINT ON THE NORTH LINE OF SAID. SECTION 19, WHICH LIES NORTH 89'20'08" FAST 40.00 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 19; 1-3- TI-H~CE ALONG THE NORTH LINE OF SAID SECTION ! 9, NORTH 89'20'08' EAST 2592.26 FEET TO THE NORTH 114 CORNER OF SAID SECTION 19; THENCE ALONG THE NORTH AND SOUTH I/4 SECTION LINE OF SAID SECTION 19, SOUTH 01'08'21* EAST 1716.05 FEET; THENCE LEAVING SAID LINE, SOUTH g9'09'4g" WEST 7:50.00 FEET; THENCE SOUTH 01 *0g'21" ~ 3605.71 FEET TO THE SOUTH LINE OF SAID SECTION 19 AND THE SOUTH LINE OF THAT DRAINAGE EASEMENT DESCRIBED IN SAID DEED BOOK 44, PAGE 78; THENCE ALONG SAID LfNE, SOUTH 89'09'48' WE,qT 1990.21 FEL~TO THE SOUTHWE,qT CORNER OF SAID SECtION 19 AND THE POINT OF BEGINNING OF THE PARCEL HEREIN DESCRIBED; BEING PART OF THE WEST I/'2 OF SECTION 19, TOWNSHIP 4g SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; SUBJECT TO AN EASEMENT AS RECORDED IN DEED BOOK 44, AG PAGE 78, COLLIER COUNTY PUBLIC RECORDS, COLLIER COUNTY, FLORIDA; SUBJECT TO OTHER EASEMENTS AND RESTRICTIONS OR RECORD IF ANY. 1.3 PROPERTY OWNERSI-fIP The subject property is currently under the ownership of Naples Interstate Associate, A California Limited Pntxnership (hereina~ called "applicant or developer"). ! .4 GENERAL DESCRIPTION OF PROPERTY AREA A. The project site is located in the West l/2 of Section l g, Townghip4gSouth, Range 26 East. The pro'eel of approxirtmely 246+/- acres is located off and north of Immokalee Pond apprt:odm~ely one.quarter mile west of the roads intersection ,Mth Interstate 75. The site is currently undeveloped. The subject property is generally bordered on the north by undeveloped property, on the east by Regency Village of Naples PUD, on the south by Immoknlee Road (CR 846) and on the west by a Collier County reserve %~ei!~eld and the right-of-way for the future Livingston Road. B. The zoning classification of the subject property prior to the date of this approved PUD Document was PUD. 1.5 pHYSICAL DESCRIPTION The site is located north of Immokalee Road, about one-quarter mile west of Interstate Highway 73 in Collier County, Florida. An easement for the Cocolntchee River Canal forms the subject property's southern boundary. The site h generally level ~ith elevations between 13 and 14 feet NGVD. 1-2 The site has the following designation r~|ative to flood -FEMA FIRM Flood Zone X; ar~a of ~3-yest flood or area of 100 year flood with expect~l average depth of /cu than I foot. Community-Panel Number 120067 0195 D, Psnel 195 of 1125 for Collier County; Map's effective date: September 14, 1979, revised June 3, 1986. The existing vegetation includes aplmyt~ety 40 acres of exotic invaded w~!and~ which flatwoods. 1.6 PROIECT DESCRHrl'1ON A. Carlton Lakes is a planned ~ including a mixtrite of residemial and type. 1.7 ~ This Ordinance shall be known and cited as the "Cadton La~'.t.s Planned Unit Development Oneraze." 3.-3 SECTION H PROJEC!' DEVELOPMENT REQUIREMENTS 2.1 PAJ. ReD.~ Th~ purpog of this 5eclion is to delineate and generally de,.,cribe thc project's plan of development. relaxionships to applicable Counv/ordinances. the respective land uses of the tracts included in the project, as well as other project relationships. 2.2 A. Regulations for development of Carlton Lakes shall be in a~cordance with the contents of this document. PUD-Phumcd Unit Development District and other applicable R~ctions and parts of the: Collier County Land Devel~t Cool{ and Growth Managcm¢~ Plan in effect at th~ time of itsuance of axp/development order to which said regulations relate which authorizes the colon of improvements. such as but not limited to Final Subdivision Plat. Final Site Development Plan. Excavation Permit and Preliminary Work Authorization. Where these rcg~_la~n_'ons fall to provide developmental standanis then the provisions of the most similar district in the County Land Developmere Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code in effect at the time of building permit application. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Carlton Lsies shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless modified, wai~l or excepted by this PUD document or associated exhibits. the provisiorts ofother land developmere codes where applicable remain in full force and effect with respect to the development of the land which comprises this PUD. E. Development permitted by th~ approval of this petition will be subject to concurrency review under the provisions of Division 3.15 Adequate Public Facilities of the Land Development Code at the earliest or next to occur of either final approval. final plat approval. or building perrail issuance applicable to this development. 2.3 DESCRFPTION OF PROJECT PLAN AND PROPOSED LAND USES A. The project Masta Plan. including layo~t of ~ and use of land for the vaxious tracts, is iljustzatai grat~ically by ExMblt 'A", PUD Master Plan. There shall 1~ ot~ confi gttmtion of which is also iljustrated by Exhibit *A~. CARLTON LAKE8 ESTIMATED LAND USE SUMMARY TABLEI RESIDENTIAL Single Ftnily TRACT 'A' Cius~acd Single Fsmily snd Single Fsmily Attsched; Mu/ti-~smily, and C!uster~l Multi-family 800 152* RECREATION and LAKE AMENITIE5 TRACT8 "B'l" - "B-6" COMMERCIAL TRACTS "C" 70,000 sf 7 CONSERVATION TRACTS 'D-i" - 'D-10" 41 BIG CYPRESS BASIN WATER MANAGEMENT DISTRICT CANAL 4 GRAND TOTAL 246 * Internal subdivision roads/fight-of-way estimated at 30 acres. ** Does not include nny open space or recreational aliens that may be located within other land use areas. *** Tracts "A" may include open space or recreational areas. **** Lake area is estimated at 38 acres. 2-2 Table I is a schedule of the intended land uses, with approximate acreage of the total project indicated. The atnnlnnem ofthese land na~shown on the Mastet Plan (Exhibit "A"). The Master De~lopment P!an is an iljustntive preliminary development plan. Design criteria and layout that is illuatnted on the Mas~et Dev~ Plan and ~ exl/olts supporting ~ pmje~ shall be undentood to be flexible so that f'mal design ~ satisfy de~lopm~m obje~ves ~KI be consist~m wi~ the Project Development. as set forth in CARLTON LAKE8 ESTIIV!ATED ABSORPTION SCHEDULE YEAR RESIDENTIAL UNITS COMMERCIAL ACREAGE 1995 60 1996 148 2 1997 148 5 1993 148 1999 148 2000 148 TOTAL 800 7 Table II indicates, by phase, the estimated absorption of units for the development period. The estimate may, of course, change depending upon future economic. market and rggulatory factors. B. Lakes shah be constructed as lak~ or, upon approval. parts thereof my consUuct~ as shallow and dry depnssions for water detention purposes. Such m~as. lakes and intermittent w~t and dry nnnss shall he in the same general configuration and conlain the san~ general acreage as shown by Exhibit "A". Modification to all tracts, lakes or other boundary may be permined at the time of Preliminary Sulxlivision Plat or Site Development Plan approval, subject to the provisions of the Collier County Land Development Code or a~ otherwise permitted by this PUD document. 2-3 C. In addition to tl~ various m and specific items shown in Exhibit 'A', such easements as necessary (utility, ptivat~ sani-public, etc.) shall be established within or along the various Tracts as may be necessary. D. The imemal roadway system may be either private or may be dedicated to the Coumy consistent with Preliminary Subdivision Plat requirements. 2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY GF LAND USE A maximum of 800 residemial dwelling tanits, aingle family and multi-family, ,hall be conswucted in the total project area; and, a maximum of 70,000 square feet of commercial within the designated commercial area. The gross project area is 245.77 acres. Seven (7') acres am designated as commercial. The residential portion of the projecl is 238.77 acres. The gross residential projec~ density, therefore, will be a maximum of 3.4 traits per acre, not to exceed 800 units. The density throughout the pmr. els may vary according to the type of housing placed on each parcel of land. This mixed-use developtm. m shall have a~ least thirty percent (30%) of the gross area devoted to usable open space, per Collier County Land Development Code, Subsection 2.2.20.3.5. The density of individual parcels of laml throughout the project may vary ~cc, rcling to the type of housing placed on each parcel of land but shall comply with the guidelines established in this document. 2.5 RELATED PROJECT PLAN AppROVAL REOUIREMENT5 A. P:'ior to the recording of a Record Plat. and/or Coadominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appro~me Collier County govenum'ntal agency to insu~ compliance with the PUD Master Plan, the Collier County Subdivis/on Code and the platting laws of the State of FIoride. B. Exhibit 'A', PUD Master PLan. constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development ofthe land shall be in compliance with Division 3.2 of the Collier County Land Development Code, and the platting laws of the State of Florida. 2-4 C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable. shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuancc of s building permit or other development order. D. The development of any tract or parcel approved for residential development contt~nplating fee simple ownership of land for each dwelling unit shall be r~luired to submit and receive approval of a Preliminary Subdivision Plat in conformance with rcqt~rernents of Division 3.2 of the Collier County Land Development Code prior to the mbmittal ofconstrdcfion plans and a final plat for any portion of a tract or parcel. E. Appropriate ~ will be ptuvided at the time of infrasmscmre Lmprovernents regarding any dedications and method for providing perlaettutl maintenance of common facilities. F. Design and ~ of all impravements shall be subject to compliance with the ~p,,~,,-'~ste F~,-,-i.sions of the Collier County Land Development Code Division 3.2. 2.6 DEVELOPMENT SEOUENCE AND SCHEDt~E The applicant has not set "stages of develepment" for the subject property. Since the property is proposed to be developed over an estimated six-year period of time, any projection of the project's development can be no more than an estimate based on currcnt market h':owledge. 2.7 MODEL HOMES AND SALE FACILITIES Model homes, model home centers including n sales center(s) shall be permitted in conjunction with the promotion of the developmerit nbject to the following: A. The limitation of LE)C Subsection 2.6.33.4.1.5.a, regarding the, nmnber of model homes/multi-family units allowed prior to plat rt, cordation shall be applicable to each subdivision tract rather than each subdivision phase. Location of model units and sale centas is limited to future, platted single family lots and multi-family tracts and as provided for elsewhere by the, provisions of this PUD document All models must be applied for by the land owner of Ixtrcel, or nuthorized agent, proposed to be developed. B. The models permitted as 'dry mode. Is" must obtain a conditional certificate of occupancy for model ptn-poses only. The "wet" model may not be occupied until a ~t certificate of occupency is issued. C. Prior to recorded plats, rr~es and bounds legal ci~Tiptions shall be provided to and accepted by Collier Cowre/u sufficient for building permit issuance. Said metes and Ixnznds legal clescri~tions must meet proposed pin configurations and all models constructed pm11:azit hero shall conform to applicable minimum scltm~ footage, setbacks, and the like as set forth herein. D. Access shall be provided to each "dry" model(s) E, om a "wet" model(s). Access shall be f'or pedestrian traffic only, no driveway will be con.struct~! while utilized as mo<lel. Access to "wet" mociel(s) shrill be provided by a paved road or temporary driveway and shall have a sttpportin~ pazking lot. E. Sales, marketing, and adminis~'ative fi.mctjons ax~ peTmined to cr,.cuz in clesig~ated "wez" model homes within the project. F. The "wet" models may be served by a temporaz7 utility and water management protection facilities in accordance with NFPA requirements are required unless a permanent wa~ system is available. A water management plan must be provided which accommodates the rimoff from the model homes, perking road/driveway and other impervious suH'aces. The sysk-'m shall be designed so that it may be integrated with the master system for the entire development. 2.11 A. Parking: Shall be in the form oftwo gntas pe-~ini~ spaces or shall be provided at a nearby community facility such as the club house or model center. 2.9 AMENDMENTS TO PUD DOCUMENT OR P~ Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. 2. I0 ASSOCIATION OF PROPERTY OWNERS FOR COMIVlON AREA MAINTENANCE N~v'henever the developer elects to create land e. rea and/or recreation amenities whose ownership and maintenance resl:~nsibility is n con'tmon interest to all of ~.he subsequent pttn:h~sen of property within said development in which the common interest is Iocatecl~ that cleveloper entity sl~l provide appropriate !egal in.sm~ments for the establishment of a Property Ownen Association or another appropriate ~tity whose function shall include pttndsions for the perlx, ttml care and maintenance of all common facilities and open space subje~zt further to the provisions of the Collier County !,and Development Code. Section 2.2.20.3.8. 2. I I LANDSCAPE BUFFERS. BERMS. FENCI:_~I AND WALL~ Landscape buffers. betms, fences and walls are generally permitted as a principal use throughout Carlton Lakes. The following standards shall apply: A. Landscape betms shall have the following maximum side slopes: I. G~ berm~ 3:1 2. Ground covered betms 2: I 3. Rip-Rap berms 2:1 4. Structural walled betms - vertical The abov~ slopes are max~ums aml require Staff review and approval of individual applications where such maximum slopes exceed LDC Standards. B. Fence or wall maximum height: eight (g) [ect, as measured from the f'mishcd grade of the ground st the base of the fence or wall. For the purpose of this provision, finished grade shall be considcr~ to be not greater than eighteen ( i 8) inches above the highest crown elevation of the nearest existing road unless the fence or wall is consttuctedonalaml.gapebenn. ln these cases the wa!l shall not excced six (6) feet in height from the top of benn elevation for berm elevation with an average side slope of 4:l or less, arid shall not exceed four feet (4') in height from the top of berm elevation for berms ,,gith an average side slope for greater than 4:1 (i.e. 3:1). C. Fences and wa/!s which arc an integral part of access control strucrar~s such as gate hou.~es and control gates shall not be subje~'t to the height limitations set forth under 2. I i B, and shall be governed by the height limitations for principal structures of the district in which they at~ located. In the case of access control ~ within tight-of-ways adjoining two or more diffei~,iz districts, the more restrictive height standard shall apply. 2.12 Fill storage is generally permitted as a principal use throughout Carlton Lakes. All stock piled earth material shall have been generated from earth mining activities on the Carlton Lakes site and may he stockpiled within areas which have been distrubed or farmed. Prior to stockpiling in these locations a Letter of Notification along with plans showing the locations and cross- se~ions shall be submitted to Collier County Pmjm Rmdew Services for r,,-view and approval. Tbe following standards shall apply: A. Stockpile maximum sick~ slop~ 3:1 B. Stockpile mtximum Igight: thirty five (35) feet; C. Fill storage ateas shall be ~ with a security fenc~ ax least six (6) fe~-t in k-ight above grinrod level. D. Fill szorage arcas shah be no closer than 300 f'eet from atp/dcvclolxd resickntisl properties. E. Soil erosion control shall be provided in accordancc with CCLIX~ Division 3.7° F. Fill storage sh~l not be l~'rmittal in areas occu~cd b~ thrcazcncd or cndmngercd s!~cics union an al~rovcd management plan permits such use. all lakes atsd inf'~ Ms been completed. 2.13 ~E~EF~[, PE!~4r]'F~ USES Certain uses shall be aresidereal gcncml ix'anincd uses throughout the C~ton Lakes PUD. C~-ncra/permir.~f uses arc those uscs which gcncrally serve the Dcvcloix'r and rcsidcnts Carlton Lskcs and arc t~dcally ~ oF the common inFrasu'ucturc or are consideraf community facilitics. A. Gcncra/Pcrm ittcd Uscs: !. Esscntial wrv~ces as set Forth under Collier County Land Dcvelopmcnt Codc. Section 2.6.9. I. 2. Water matmgcmcm Facilities and rclatcd structurcs. 3. l.,~cs including lakes with bulk~_~_s or otter atchitccmra/or su'ucmml bank treatments. 4. Guardhouses, gatchou.s4~, and access control structures. 5. Community and rcct~tional f~cilitics, community centers. 6. Temporary construction. sales, and administrative offices for ~c Developer and Developers amhotized ~ and consultants, including necessary access ways, paddug arus and r~lated uses. 7. Landscape features including but not limited to landscape buffers, betins, fences, walls subject to the standards set forth in PUD ~-ction 2.1 I. 8. Fill slotage subject to the standards set forth in PUD Section 2.12. 9. Any other use which is comparable in nature with the foregoing uses and which the Development Services Director determines to be compatible. B. Development Standards: Unless otherwise set forth in this document the following development szandards shall apply to structures: I. Setback from back of curb or edge of pavement ofany road - eighteeu feet (1 8') except for guard lxnnes, gnte~ouses, and access control structures which 2. Sidem~lks, bikepaths, and cart paths may occur within required buffers, ~ the width of the required buff, shall be increased proportionately to the width of the paved surface of the sidewalk or bikepath. SECTION III LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN 3.1 The purpose of this Section is to identify specific development standards for the designated on Exhibit 'A", Tract "A', Residential Areas. 3.2 MAXIMUM DWELLINCi UNITS 7:here sMll be a maximum of 800 residential units developed within Tract "A". 3.3 Residential areas designated on the master plan are to nccommodam a full rage of residemial dwelling unitt recreational facilities, essential services, customary accessory uses, and compatible land uses. Multi-family shall not be mixed with single family. Principal uses shall not be developed ~ dissimilar permitted use types, speci~tally, no multi- family type shall be located ~ single family detached family structures. At the comimums lot line between single family detached and multiple family housing units or a dissimilar housing type, a landscape b,ffer (separately or on the tract of the higher density unit) ofst least twemy (20) feet shall be provided. This buffer shall minimally meet the requirements of the LDCs Type 'A' landscape buffer. 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. ~incipal U.~es: ( I ) Single family detached dwelling units (2) Single family attached, cjuster homes. zero lot line and patio homes. (3) Duplex. Triplex, Fourplex (4) Townhouses, Garden Apartments/Condominiums (5) Common Recreational Facilities 3_1 (6) Any form of atlachment consistent with the general restrictions set forth hertin. (7) The cjustering or g~ouping of homing mcture types identified in this document may be permitted on pro'eels of land under unified ownership, or as may be otherwise provided in Section 2.6.27 of the Collier County Land Development Code and subject to the provisions of Division 3.3 of the Collier County Land Development Cede. (8) Open space or preserve ~ (9) Water management facilities and lles. B. Accessory Uses: ( 1 ) Customary accessory uses and structures, including private garages. (2) Recreational uses and facilities such as s~vimming pools, tennis con, child.,,m's playground areas, etc.. Such uses shall be visually and ftmctionally compatible ~th the adjacent residences which have use of ngh facilities. (3) Oatehouse/Guardhouse. 3.4 DEV~OPZ STAND/~RD8 (See Table Ill, for greater specificity) A. ~: All yards, set-backs, etc. shall be in relation to the individual parcel houndaries, except as otherwise provided. Gent'rally whenever the word setback is used relative to a mea:~e,,~-nt between the buildings and a lot line and/or ix'rimeter boundary of a parr. el of hind upon which buildings are to be constructed and it shall have the following application: FRONT YARD: Front yard setbacks shall be measured as follows: ! ) if the parr. el is served by a public or private right-of-way, setback is meastn'ed from the adjacent right-of-way line. 2) If the parcel is served by a non-platted private drive. setback is measured from the back of curb or edge of pavement. 3) If the parcel is served by a platted private drive, setback is measured from the road easement or propetty line. 4) PdncipaJ buildings shah be setback a distance sufficient to provide for two back to back parking spaces, one of which may be in sn enclosed space. 5) When principal buildings front upon a common parking area, which in turn fronts upon a pub!~ ot pdvam right-of-way or non-platted ddve a minimum dislance often (10) fee~ shall sepm~e the principal building and any rda~l larkinS facility, md a green belt often (10) fee~ shall separate said right-of° way, or o~er non-p!~_,d pdv~ drive from th~ common parking area. This shall not prohibit the auachmem of enclosed parking structures to the principal residential structu~ however in such uses a parking apron of a~ least fifteen (15) feet shall separate the enclosed I~u'king space from the edge of curb on a pdva~ fight-of-way without sidewalks or twenty (20) fe~ when a setback includes a sidewalk. B. MINIMUM LOT AREA: (See Table III, for gr~tter specificity) 2,400 sqtar~ fee~ C. MINIMUM LOT WIDTH: (See Table III. for g/~uer specificity) 20 fee~ D. ~eI/]2~ALf2XLY~RDS: (See Table II1, for grca~ speei~city) (I) Fwnt Ym'd - !g fee~ (2) Side Yard - 5 fee~ (3) Rear Yard - 15 feet (4) From a dissimiim' permitted use type - 20 feet : (5) Side Yard may be redt_~_~__ to 0 feet, for zero Io~ line single family units. ifthc 5 feel is added Io lhe remaining side yare. (6) The distance between any two slructm'es on thc same parcel shall be fit'teen (15) feet ot a distance equal to one-half the sum of their heights, whichever is greater. E. MINtMUM FLOOR AREA; (See Table Ill, ror greater specificity) F. OFF-STREET PARKING AND LOADING REOUIREMENTS (I) Single~nnilysmr..h~townboaseandrowhousedwe!lingunittypeswhich provide direct street access to each individual unit shall be subject to the same provisions as single-family and two-faznily residential dwellings including the ability to back onto a stret. z. (2) The requb'ements for all other development types shall be as required by Collier County Land Development Code. G. MAXIMUM HEIGH'I: (See Table Ill, i'or Ip'eater specificity) ( I ) Principal Structure - 50 reet above the minimum base flood elevation (2) Accessory Smacttn~ - 35 reet above the minimum base flood elevation H. ~CHITECTURAL THEME REOUIREMENTS: ( I ) The archite~.tral style or the dwelling units/sb"~ctures shall be compatible in design and complimenta~ in the use of materials and color. (2) The residential project shall have a signature entrance way. The entrance way design and improvement elements shall include ~me or all of the rollowing: the use of landscape mme~alt gate house/stmctu~ water feature, sculpture and ornamental paveme, t surfaces. (3) Street materials, signage, lighting shall be complementary throughout the projects accessways. (4) Individual street trees shall be requir~-'d and pertained at the time o~' individual dwelling unit build';ng permit or FSDP approval, as appropriate. The street tree(s) planted shall be consist~,'nt with the developer's sueel ute master plan, as submitted to the County for reference prior to or at the time 3-4 of the initial building permit or FSDP submittal for a residential unit or model. Street Ugu shall counl toward the satisfaction of the LDCs tree planting r~luircmcnts rglative go residcmial lots and multi-family tracts. Sut'ct ~ itma!ladom shall ~ appropriate techniques, when applicable. to encourage deep tnoot growlh rmhcr than horizontal root spread at the surface taxi to ~n-~idc limited prolcction to adjacent in~'asmactu~ and to providegrmu~lowinddarnage. In multi-family lzac~ the maximum spacing of strcc~ trees shall be 60 feet for shade uggs; 30 feet for pines or palms. For single family lots, the trees shall be located at or neat ~ lot line. The homeowner or association docurnc~ shall make provisiom for the cominucd ownership, maintenance and rcplacemc'm of street trc~. TABLE III: ~ OF DEVEI~OP~4ENT S~ FOR ~ R~IDENTIAL STRUC'FtTRJ~S ~TIPLE F~ILY S~U~ES SI~ PATIO SI~ TO~OUSE/ ~'~x~ US~ ~XLY (Z~O) ~ ~XLY/ F~X~Y VIL~/~TI- MXN. ~ ~ M ~l~ ~IT g,000 4,200 ~,400 ~,4~0 2,400 ~ ~ 2~ 2g 20 le 18 ~. X~E 120 120 Z20 120 120 FEET S~ 18 lS lS 18 is (il) ~Y ~ ~TI- F~ILY P~X~ .... 10 I0 10 {15 9gg; IF S~ INCL~ES SID~K) EX~ Y~ B~ 5 5 ~ 0 7.5 ?.5 15 {~ ~ ~ ~ OF ~i ~I~ OF THE (i) ~IN~IP~ 2~ 15 15 15 15 15 N~S ~l~ (OR ~F ~E S~U~ES ~I~ BUI~I~S ~. } 10 10 10 10 10 FEET gOR ~F ~E S~U~ES HEIG{T) ~. BUI~I~ 8I~ 100 ~ 35 35 35 35 50 FE~ (ii) A~SSORY S~U~E 35 35 35 35 35 MINI~/D. U. 1,200 1,000 1,000 1,0G0 1,000 3-6 RESIDENTIAL DWELLING UNIT DEFINITION E~ljT,~ljaliJ~: Means one wall of the residential swact~ is concurrent with a side property line and the sum of the two rtquirt%! side yanls is shifted to the non-zero lot interior side lot line. ~in~le Family Attnehed/Townhotm./Rtnv Hot~: IS I multiple family strucatre which includes a series ofthn:e or more single family vertically attae. hed housing units having no separate dwelling unit above another. May be more than one gory, but not more than three habitable floors. ~ Is a multiple family nnt'ttn~ ~tch int__~,~__ a stmctx~ containing three or more dwelling units both vettic. ally and horizontally attached typicaJly with dwelling units over dwelling units having in'egtdar ~ e:cterior walls and generally not exceeding a height of two habitable floors. M~.,F. II~: Means n housing slnt'ture con~ning tl~ee or more dwelling units other than that w~ich fulfills the definition of single family atm:~d, tow~ouse, row house, and villas. Generally includes a structure of two or mote stories with dwelling units above dwelling units each of which may be accessed direaly ~ the outside of f~0tn a common interior location. ~ Means a housing stmctu~ containing two dwelling units either vertically or horizontally C~gX~dJ;[!:~.ia~: Means the pla~-nent of two or more housing sm~ctu~es of the type described on a pmoel offand/lot/tract trader common owncriMp without prejudice to condominium ownership of individual dwv:lling units. 3-'7 SECTION IV COMMERCIAL PU~OS~ TI~ p~rlx>se of tl~ Section is to set for~ the r~'gulations for the area designated on E.~tibit 2"A', PUD Maler Plan, as Tract "C'*, Commercial. A maximum of 70.O00 square feet of commercial shall be developed within Tract 'C". 4.2 No building or structure, or l~trt thereof, shall be erected, altered or used, or land or water used, in whole or in pm'L for other than the following: A. p. grmirted Princi.nal Uses and Structm'~; 1. The commercial uses at~ as follows: a. C-I, Professional Commercial Uses b. C-2, Convenience Commercial Use~ c. Shopping Center d. Banks Coranch ot main office), and Financial institutions e. Dry Cleaning ~lops (pick up only) f. Health Services (g01 !-g049) g. Sales centers associated with residential components or the residential or commercial developers of this PUD. B. p.~:t'rnitted Accessory_ Uses and I. Accessory uses and structun:s custornarily ~?ociated with the uses pertained in the above districts. 2. Essential services and facilities. 4.3 DEVELOPMENT STANDARDS: A. Site Area: I0,000 square feet B. Site Width: 150 feet C. Setback: From parcel boundaries: Fifty (25) fe~'t plus one (I) foot for each t,,~o (2) feet oF building height over thirxy (30~ feet. D. Dismnce Be~veen Principal Struc'mr~: None, or a minimum often (10) feet with unobstructed passage from front to rear yard. E. Maximum Hei_~ht of S$: Fifty (50) feel. F. Minimum Floor Ares of Prlnei_ml Struct~rn: One t!Nmsand (I .000) squan feet pet trailcling on ~e grc~und floor. SECrlON V RECREATION, LAKES AND OPEN SPACE EIIRRi;IR The ptupose ofthls S~lion is u) m fofih asc dcvcloprncnt plan and dcvclopmcnt siandards for the aream d~igned as Trmmcxm 'B-I" - "B-~" on the PUD Masts' Development Plan, Exhibit "A". The primary ftmction and ~ of these Iraeta will be to provide recreational or club facilities or complimenting buffm and water management No building or ~xuctm'e, or pm't the-r~f, shall b: erected, altered or use. d, or land used, in whole or in part, for other than the following: A. PHncipal Uses: 1. Pat~, phv/groundm, game c, ow'ts and fields. 2. Water managemere and lakes. 3. Open Spaces/Nmawai Con.~-rvation Areas 4 Pedesttitm and bicycle path.~ or other similar facilities constructed for Ixu'pos~ of w. cemm to or pa.~mmge through the common's areas. 5. Small docla, pierre or olht'r much facilities constructed for purposes of lake recreation for r~identm of the project 6. Shuffiebom'd courts, lt'%mis court~ swimming pools, and other types of facilities intended for outdoor recreation. 7. Nature Preserves and wildlife sanctuaries. 8. Clubhouse / Assembly Buildings 9. Polling places as required in the Collier County Land Development Code. l 0. Sales center and associated improvements. 5-1 B. Accessory Uses: !. Accessory uses and structures customarily associated with principal uses pertained in this District 2. Small docks, enclosures or other structur,:s constructed for purposes or maintenance, storage, f~'r,:ation shelter whh appropriate scrccning and landscaping. 3. Fountains within lakes. 5.3 Dcvelo_~ent R_e~!alions A. Overall site design ~ !~ harmonious in terms of landscaping, enclosure of m'trmms, location of~ s~ets and l~flcing areas and location and treatment of buffera/~as. B. Habitable ~ildings ~all 1~ sctl:~k a minimum of thirty (30) feet abutting residential districts and · landseal~l and maintained buffer shall be provided. ;, otherwise the setback ~ be twenly (20) feet; accessory sm.,cn.u-cs shall be ten ( J 0) feet; walls and similar gnatrams shall have a stnback of five (5) feet along the developmenfs bomxtaries and perimeter u-act boundary where not abutting internal residential tracts. · C. Lighting facilities shall be m'rs/lged in · manner which will protect roadways and neighboring pwperties finn direcl Slam or other interference. D. ( ! ) Principal Swaclure - 50 feet. (2) Accessory StmcU=~ - 35 feet. (3) Walls - 12 feet above adjacent grade. SECTION VI CONSERVATION AREAS 6.1 PTJ~O~E Conservation Areas, Tram "D-I" -"D-10", area totaling approximately 41 acres. The pro'pose is to pregrve and Is:Reef vegetation and naturally functioning bah;tat such as the we~lands in their natural m. No building or slngnn, e or pert thereof, shall be erected altered or used. or land used. in whole or in part, for other than the following, subject to regional. state and federal permits Prjneipal URn: I. Open Spaeea/Natural Preserves. 2. Lakea pronx~ing the natunl vegetation provided they are con-'~tructed on land in exeetm of' the required Bvcnty-five percent (2.¢%) retained native vegetation. 3. Small doek..t piers or other much facilities constructed for purposes of lake ~tion for rt~ident$ of the project. subject to appropriate approva{s by permiUing egencicm. 4. Board vv'a{k$, observation r,.ructures including minor roofed assembly mt~ $ubjtwzt to appropriate approvals by permitting agencies. 5. Path~ and b~dge$ to provide accet~ From the up{ands. 6. lnform,,tiona{ nature trails. B. Accesaory Uses and StrueUir.: {. Accessory uses and structures customarily associated with the principal uses. 2. Fountaim within lakes. 6-1 SECTION VII DEVELOPMENT COMMITMENTS The purposc of this Section is to set forth the developmcnt commitmcnts for the dcvclopmcnt of the projetn. All facilities shall be ~ in ~cordarw. e with Final Site Development Plans, Final Sulxlivision Plans and all ~lieable State and local laws, codes and regulations applicable to this PUD. E. xcqx wheTe speci ficadly noted or staled otlx'nvL, e, the standards and sp~ci fcation. s of the I.amd Development Code of Division 3.2 shah aFply to this project even if the land within the PUD is not to be pinlied. The develops, his successor and assigns shall be responsible for the commitm~-nts outlined in this document. The de,/elolx"r, his ~ or assignee sh~ll agree to follow the Master Plan and the t'q, ulations of the FUD Im IdoFed, and 4m), other conditions or modifications as may be ~ to in the rrzorzing of ffie Ic~pcx'ty. In addition the dcvelol'~r will agree Io convq to an)r successor or assignee in tide any commitments within this agreement. 7.3 pUD MASTER PLAN A. Exhibit "A", PUD Master Plan, iljustrates the proposed development and is conceptual in natu/~, Proposed u'act or slxcial land use bo~mdaries shall not be constru~ to be final and n'my be viifled al any subsequent approval phas~ such as at final plalling or life develofft~-nt plan application, subject to the provisions of the Land Development Code and amendments as may be made from time to time. B. All neckwear)' easements, dedicalions, or other instruments shall be granted to insure th~ continued opera~o~ and maintenance oral] service utilities and all common areas in the project. 7.4 MONITORING REPORT AND SUNSET PROVISIONS A. The Carlton Lakes PUD shall bc subject to the Sunset Provisions of Section 2.7.3.4 of the Land [X-vdo~t Code. B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. C. The developer do~s not commit to develop any specific recreational amenity or to dedical~ acreage for ~ fulu~ recreational facilities. ?.5 DEVELOPMEN'I' EXEM~ONS FROM F. XCAVATION Th~ requirements of $~b"fiotl 3.5 shall be modified as follows: A. Subsection 33.7.1.1: The setback for excavations (lakes) from the right-of-way line or ea.semem line of any existing or proposed private or public street, road or access easemere shall be 25 feel. A gum'd rail or ~ feattu-e shall not be required if the stseet or road has a County Slaffapl~'~ve~ m:m-mounlable curb section for the al~ropriate length of roadway and has a posted ~ limit of 20 mph or less or another Staff approved design. B. Subsection 3.5.7.1.2: The selback (maintenance easements) to excavations (lakes) from sid~ ~ t~ar ~ lines (internal to the deve!opment) may be included within residential tract and residential lot boundaries. The setback to excavations from inttrv~ fighi. of-way shall be 25 feet The setback to excavations (lakes) from abutting (develolm~-,nfl perirneler) i:n~perty lines of the development shall be 35 feet and may inelu~ a Imxkscape buffer of up to 15 feet in width. As depicted on Exhibit A, PUD Master Plan, lakes and natural retention ateas have been sited adjacent to existing and planned roadways. The goals of this ate to achieve an overall ~:slhetic character for the project, to permit optimum use of the land, and to ir~t'reas~ the efficiency of the water management network. Accordingly. the setback requirements have been reduced. 7.6 SUBSTITUTIONS TO StlFIDIVISION DESIGN STANDARD."; The requirements of Seclion 3.2 shall be modified as follows: A. Subsection 3.2.S3.19: S~ pavemenl painting, striping and reflective edging roadway markings shall be waived for the local roads within the subdivision. except that this waiver does not exclude the requirement for stop bars. B. Subsection 3.2.S.3.17: A system or plan of sidewalks purstmnt to the intent of Section 3.2 shall be made available throughout the project development in such a manner that project residents will be able to walk or bicycle to selected activity '7-2 corners within the project's boundary. Sidewalks shall be provided on one side of all streets and on cul-de-sacs longer than 300 feet. Sidewalks may vary outside the right-of-way provided a sidewalk easement is created over the side~valk. C. Subsection 3.2.8.4,3: Block length shall not exceed 3.000 feet between intersecting ru*ects consistera with i~rojcc~'s lake theme design and crosswalks shall only be required at imenec~ing stncu. D. Subsection :t.2.S.4.16.3: The minimum lane width shall be I0.0 feet for all streets within r~ developmere to encourage appropriate travel speed except as required for entryway gcornctry m'KI provided that such streets have moun~able curbs unless in conflict with olher provisions of this doctunent or the Collier County Land Development Code. Lmdr, apcd linear and circular medians (rotmdabouts) may aJso be utilized within the fight. of-way to encourage an appropriate design speed as well as to enhance the development theme. E. Subsection 3.2.8.4.16.6: Waive the rccluircm~t that dead end streets shall not exceed one-ltgm__~d (1,000) fec~ in length. The length may be approved with a maximum of ~ (2,000) feet. F. Subsection 3.2.8.4.16.9 and 3.2.8.4.16.10: Roundabouts may be utilized at intersections. Roundabouts and other "traffic calming' street designs shall not be required ~o rneel the minimum mngcru requirement.~. Should ''traffic calming" s~rcct design be utilized, · maximum dislance between design elements on an otherwise straigh! lenglh of roadway shall be 600 linear feet. Tr:ffic calming elements axe defined for the purpose of this document as interactions with roundabouts. stop signs, street medians or mundabouts. G. Tangents belween rt'vcrse curves shall not be required under Subsection 3.2.8.4.16.10. provided design calculations for posted speed limits axe submitted prior to final improvemere plan approval. H. Sut, et grades may exceed four percent (4%) trader Subsection 3.2.8.4.16.14 provided tha! applicable Florida Dcparuncnt of Transportation, Manual of Uniform Minimum Standards (FDOT MUMS) and AASHTO criteria ,',.-e met. I. Roadside slopes within private stree: fight-of-ways may be allowed to a ma.ximum of 3:1 in accordance with FDOT MUMS, page Ili-35. 7.7 ]'BAIqSPORTATION The devclopmcnl of this PUD Mastcr Plan shall bc subjcct to and governed by the following conditiot~: A. The develolx'r .,hall be respotuiblc for their fair share cost of intersection modi~eatiot~ required/serving for this project. B. The developer $ha/l provide left and right turn lanes. when requested by the County. on Liv/ngston Road at the project entrances in accordance with Ordinance 93-63. Work Within tim Right-of-Way, as amended. C. ~ developer shall provide left and right turn lanes at the project entrance on lmmokake Road, when gquested by the County, in accordance with Ordinance 93- 63. Work Within the Right-of-Way, as areended. D. The ck'veloper shall lxtnide ,, fair share contfibution. when requested by the County, toward the capital cost of a traffic signaJ(s) at any and all project enu'ances on Immokalee Roed or Livingston Roads when, and if. warranted. All warrants shall be subject to enalysim by the Collie Coumy Transportation Services Division and in aecordam~ wilh the County Traffic Signal System Policy. Traffic signal(s) will be owned, opem__-.d_ and maintained by Collier County. E. The develo!~r shall provide arterial level street lighting at each project entrance. F. All traffic control device,, used .,hall comply ,dth the Manual on Uniform Traffic [:k'vi~'ts (Section 316.0747, Florida Statutes). O. The above improvements are considered 'site related" as defined by ordinance and .,hall not be eligible for impact fee credits. · H. If Piper Boulevard b extended through ttg subject properly, the property owner will ;'~. dedicate 60 foot of right-of-way for that road extension through the Carlton Lakes ;~' PUD, when requested by the County. !. This dedication, ifreq~ may be eligible for roadway impact fee credits. Should this dedication not be eligible For impact fee credits. then reimbutaemem from the County or third party payment shall be made at the time of dedication with coraid,.'ration prorated on usage factor. 7°4 2. The acreage of the potential fight-of-way will not be developed with habilable slnscltu'~ however it may be utilized for signage and architectural community identity structures until a roadway is actually developed. 3, Should the property be dedicated to the County, its use shall be limited to the slated pu/lxmc of development of Piper Boulevard and related infrastructure. Any other lifoposed us~ shall require approval by the developer or assigns with the apfn-oval limited to the compatibility to the proposed or developed residential community and minted commercial tract, 4. The ,=creage of the potential right-of-way shall be counted toward __t~__'sfaction of the open space requirements for the commercial tract. 5. The acreage ofthe potential right-of-way may be enhanced by the developer or assigns with lazx:lscaping; such enhancement shall be exempt from native 6. Th~ potential right-of-way shall have a width of sixty (60) feet and shall be paralh~i lind adjacent the canal right-of-~ly except at the 7 acre commercial tract where it ~.ll he pandlel to the eastern and northern tract boundaries separated by a 10 foot type "D" landscaped buffer. This buffer shall be exterior to th~ corninertial tract and shall substitute For the required perimeter buffer required by the LE)C for the commercial development. This buffer shall be dev¢!oped concurrent with the development of the commercial tract. 7. The developer may elect to corLseruct a portion of the potential Piper Boulrvaz'd exteasion. Such impmver~cnts ~hall meet the Land Development Codes dev¢lopmcnt standards for a public local ro;d and such improvements may be eligible for roadway impact fee credits if the County requests dedication of ref'~;,ced right-of-way. Should these improvements not be eligible fo~ im!~ct f~ credits, then reimbursement From the County or third patty inyment shall be made at the time of dedication with consideration prorated on usage factor. This roadway segment may also serve as a project access for the project and commercial tract. Should the County elect to fully devdop the Piper Boulevard extension and the County require that the access point to the residential development be closed, then the County will allow the Devcl<~per an access point. conctui~,it with its closing, as noted by the "Alternative Access Point" location noted c:n Exhibit "A" PUD Master Plan. 7-5 I. If Livingston Road is used as access and should right-of-way, design and/or conlm~on of any potlion thereof be included in the development project, such expense may be subject to road impact fee credits to the degree provided for in Ordirmnce 92-22, as amended. J. Collier coute/re~'ves the fight ofartedal road median access control in the interests of s&t'ely and operational considerations. K. Median ~ from [mmokalee Road shall be considered temporary and slmll be removed when tcucmable act. c~ fwm Livingston Road becomes available. A right- in entry/fight-out exit may remain if such access meets the Cotmty's access L. The developer may be eligible for impact fee credits, consistent with Ordinance 92- 22. as amended, if developer chooses to build any portion of the propo:,ed Livingston Road. M. All aecea$ pointt whether fi'om lmmokalee Road or the future Li,,~ngston Road shall meet the $tandm'~ t.t forth in tl~ County's Acce.~ Management Policy, as it may be N. In the event public ac__,zes-_: to streets in this development is not otherwise regulated, or n. et.B ate conveyed and accepted for public use, I~rovision shall be made to intcrcotmeet the m-eel ~/stcm to the contiguoua Regency Village PUD. 7.8 WATER MANAGE The development of this PUD Master Plan shall be subjed to and 8ovemed by the following conditions: A. A copy of South Florida Water Management District (SFWMD) Permit of Early Work Permit with staff report is required prior to covatroctio,~ plan approval. B. An Excavation Permit will be required for the proposed lakes in accordance with Division 3.5 of the Collie County Land Development Code and SFWMD rules. C. A Big Cypress Basin (SFWMD) Right-of-Way Permit. allowing the project's discharge into the Immokalee Road canal shall be provided prior to ~m'd construction plan approval. D. The water nutrmgement storage requirements for the commercia[ tract may be ~k'v~loped ~jthin the r~identiai development or integrated within the residential de~iopment provided system capacity is available. 7.9 ~ 'Ih¢ &.,v~!olmle~. ofthi~ PUD Master Plan shall be subject to and governed by the following comlition~: A. The on-~/t~ water distribution system to serve the project shall have the following feaam~ ~ into the distribution system deslgr:: I. Stub~ for futur~ system interconnection with adjacent properties shall be provided to the north, east and west property lin~ of the project; at locations to bt mutua/ly agrt~'d to by tht Utilities Division and the Developer during th~ design phas~ of tht project B. Water distribution, sewage collection and transmis.;ion and inte,'im water and/or st'wage treatment facilities to serve the project are to be designed, constructed. conveyed, owrgd and maintained in accordance with Collier County Ordinance No. gg-76, as amended, ,'rid other applicable County Pales and regulations. C. Collier County Utility Distr/ct owns and maintains an 80 foot strip of land running north from Immolalee Road and parallel to the fight-of-way for the proposed future Livingston Road. This parcel lies between the proposed roadway and the subject property. This land is presently utilized as a well t~.:ld to supplement the Cotmty's tremed effluent for irrigation purposes. Collier Cotrely Utility District agrees to provide access easements across this strip of land wher~ noted on th~ Carlton Lakes PUD Master Plan and Preliminary Subdivision Plat The granting of these ~cess easements is contingent on the ~ys no~ into'fit'ring with tht County's use and maintenance of the existing well systt, m. The utilization ofthe accessways will be limited to roadway access. sidewalks, landscaping lighting. and directional and project signage. 7.10 ~ The development of this PUD Master Plan shall be subje~.t to and governed by the following conditions: A. Deaign and construction ofaii hnpmvements shall be subject to compliance with the appmp~at~ prov/sions of the Collier County Land Develop~nent Code, Division 3.2. 7-7 7. 11 ENVIRONMENTAL ~ deve~ of'his PUD Msslcr Plan shall be subject to and governed by the following c4mditiorn: A. Con$ir,_-nt with LDC Section 3.9.5.5.3, twenty-five (25) percent of the viable naturllly flmctioning native wgetation on site shall be retained. Project acreage is 245.7'7 of which T20.37 acres have been determined to be viable naturally functioning native vegetation; therefore, a total of 55 acres shall be identified. A mLrlifflunl offllr~-.quarters of this requirement (41 acres) shall be Erom the identified wetlind ~ upland c:ortservation traos noted on the PUD Master Plan (Tracts D I ~ Di0). The remaining 14 acres $hali be identified prior to platting and may in~lud~ perlinear btLffers when appropriately planted. B. All jutisdiaional wetLmds and/or mitigation areas shall be designated within and as o~t~l/!oR~n~on tracts or easemenu on all construction plans and shall be records! on th~ plat with pron:ctive covenants per or similar to Section 704.06 of F]orids Sm C. All proposed mitigation for wet/and impacts to Collier Count)' jurisdictional wetlands shall comply with Appendix 7 of the South Florida Water Management District (SFW'MD) rul~ and be subject to review and approval by Community "Development Environmental Review Staff. D. Buffer z, mg~ which extend at least fifteen (15) feet/andward from the edge of wetland prtRrves in all places and average twenty-five (25) feet from the landward edge of wetland preserves shall be provided. These buffer zones may include wfdand prtaerve~ provided they ar~ accepted as such by SFWMD and such area is in excess oftIt requirements of Subsection 7.1 I.A. of this document. E. Ar~ exotic: vegetation r,:moval, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conaervation/p~servation areas, shah be submitted to Community Development Environmental Review Staff for review and approva/prior to final site p/an/construction plan approval. F. This PUD is located within the Collier CounD/Groundwater Protection Zone No. t-4 and shall comply with the appropriate sections of the Groundwater Protection Orditmtw. e No. 91-103 at the time of final develcpment order approval. 7-8 G. The pefimeter larKiscaped buffer shali be reduced from 15 fect to Sfeet ofwidth at th~ envitofm3emal/property line section of the project's circulation system; location is identified on Exhibit "A" PLID Master Plan. This reduction is to reduce the impact of lhe roeKIwsy on the $djaccnt conservation area. The tree and planting requirements of this buffs' will be increa.~! by reducing the spacing of required trees by 50 7.12 ACC"~SORY STRUC'R3RF3 A__ __,:ce~3P/_ ~ .hall be constructed simul/aneously with or following the cortstruction of the principal ~tructure e:r. ct. pt for a consm~on site office, model units, gatehouse., project sig~age mde m~nagement lakes. 7.13 SIGNS Monumental ~igna/community identification shall be pertained at all project entranct~ and two Iocaljo~ along th~ southera property line. Southern property line signage may be de,Rloped within the community identification wact, however it shall be relocated should the County elect to devdop the extension of Piper Boulevard. Such signage or community identifiealon may be accompanied by complimentary landscaping and lighting. All other signlie sha~l be in accordance with Division 2.5 ofthe Land Development Code. '7. 14 LANDSCAPING FOR OFF-STREET PARKING All l$.nd.sc~ping for off-su'ect parking m'eas shall be in accordance with Section 2.4.5 of the Collier Cotmty Land Development Code in effect at the time of building permit application. 7.15 ~t Io S~liolt 2.6.30 of the Land Development Code provision shall be made for the future us~ of building ipeee within common ~teas (if' provided) fi~r the purposes or aeeonunodatin8 d~ rtmetion oftn electoral polling place. An atFeemcnl recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominiu~n associations, homeowne~ ~Luociations, or tenants associations. This agreement shall provide for said community recrealion/publie building/public room or similar common facility to be used for ,, polling plae~ ifdelen'nined to be necessary by the Supervisor of Elections. 7.16 PROVISION FOR OFF-SITE REMOVAL OF FARTHEN MATERIAl. The excsvmion of era, then material and its szockpiling subject to the provisions ofsubsection 2. 12 ofthis doeurine), in preparation of water rmumgement facilities or to .otherwise develop water bodies is hereby ix'rmltted. If after consideration of fi II activities on those buildable portions of tim project site are such that there is a surplus ofeanhen materiaJ then its off-site disposal is also hereby permitted subject to the following conditions. I. Excavation activities shah comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whcreby off-site removal shall be limited to 10% of the total up to a maximum of 20,000 cubic yards. 2. All other provisions of said Division 3.5, unless elsewhere addressed by this document, are applicable. WP-II-0146G.DOC,~94 7-10 ESPIED t.~O USE'  AL H~RNA lIVE ACCESS POINT RESZDENILaL t52.t · · q tRACT 'A'm..m.......,m_...=.,..~ /PROPERTY tAKE AND ~ECRF.~ ~t~t mnC ~ 42:t .... '~'- ~' ftc) LINE ROADWAy ~CD~ ~. (~) ~ 15' NATI~ LANOSCAPF ~ACT 'C' ~AR~ ~E 'B' ~,~R A r C~NVA ~ ~AC~ (L~E~ EAS~RN AND N~THERN 'Ol'-'OS' (C~) ~. ~-. ~.' ~ a .... · ,' CAKE ',a I ~ KE"X I ~'- ~' --15' TYPE ~ ** ~S ~T ~ ANY OPEN SPACE ~ BUFFER L~TED ~ OTHER LAND U5~ AR~A~. 15" TYPE "D .... lR~L'r -A' MAY INCL~E ~EN ~ACE EASE&tEN rS BUFFER A~ ~A~AL , **.* L~E ~A ~S ES~i~A~ED ~ ~ ACRES. ~GEN~ ~ 15' NATI~ LANDSCAPE ~R ~ [~ATI~ ~ tAKES MAY ~ TYPE 'B' BUFFER VARy I0 ~[1 DEbt.MEN1 ..... PER~E~R L~OSC~ED BUFFER NOT  = PRO,CT ACCESS 15" TYPE "D' RE~D ~CENT TO PRESERvAIt~.  - C~uEeO~[ TRact ~CCE~S BUFFER c~r C~. A~ ' FEA~S ~ ~JACENI OEVEL~ENTS I - IN~RNAL ROADWAY ~HEMADC LAYer ~ ' a PUD APPLICATION EXHIBIT "A ~ . COLLIER CO CARL TON LAKES , t:~OJE C T ~ 4~,,OJE*C T ' C~SS ~ ~N~ K ROAO (C R 846 { VANOERBILT BEACH ROAO O PIN[ ROA0 (C.R. 896) f"'f~ GATE PARKWAY (C.R. 886) ~~ rO . EXHIBIT "B"' CARL TON LAKES .,c.,,,,: ,,,,,-,,,.~.~ L OCA T/ON MAP STATE OF FLORIDA COUNT? OF COLLIER Z, DWIGHT E. BROCK. Clock Twen~ie~h Judicta~ Clrcu!=~ Co!~7 hereby cer=lfy tha~ ~he foregoing which was adopted bv the Board the 16th day of May, 19~5, WI~ESS ~ hand and the Coun~ Commissioners of day of May, 1995.