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Ordinance 93-31 ORDINANCE 93- 31 AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 0501S, 0606N AND 0606S BY CHANGING THE ZONING CLASSIFICATION OF THE HEREIN DESCRIBED REAL PROPERTY FROM "RMF-6" AND "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS "FOXFIRE", FOR PROPERTY LOCATED BETWEEN RADIO ROAD (CR-856) AND DAVIS BOULEVARD (CR-83) APPROXIMATELY ONE MILE EAST OF AIRPORT-PULLING ROAD (CR-31),IN SECTION 1, RANGE 25 EAST AND SECTION 6, RANGE 26 EAST, BOTH IN TOWNSHIP 50 SOUTH, COLLIER COUNTY, FLORIDA, CONSISTING OF 385 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 81-68, AS AMENDED, THE FORMER "FOXFIRE" PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Timothy L. Hancock of Wilson, Miller, Barton, ~.~ Sell & Peek, Inc., representing the Foxfire Community Associations of Collier County, Inc., 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 ~.~':' COM)iISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real property located in Section 1, Range 25 East and Section 6, Range 26 East, both in Township 50 South, Collier County, Florida, is changed from "RMF-6" and "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 0501S, 0606N and 0606S, as described in Ordinance Number 91-102, the Collier County Land Development Code, are hereby amended accordingly. '88 Ordinance Number 81-68, as amended, known as the #Foxfire" PUD, adopted on November 10, 1981, by the Board of County Commissioners of Collier County is hereby repealed in its entirety. ¥:.c 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. 7, PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this J~ day of . , 1993. ~'. ' A,,%EST:-.'.:'.' '~,,,' BOARD OF COUNTY COMMISSIONERS -,' ~'i~h'T Ei.",,B~O~.K, CLERK COLLIER COUNTY, FLORIDA ,~'./¢-. 2%.~ ,,. . :' ~I BURT L. SAUNDERS, CHAIRMAN ~v' ~gvm,.~;,?o Fo~ AND ~.t.v'/ LEGAL SUFFICIENCY ., ' Secretary of ~,tate's Office tho '"' MARJ~E M. ' STUDENT and acknow'~'edgement..o~ that ASSISTANT COUNTY ATTORNEY filin..q received this ~ day [' ?'~ · PUD-9 3-5 FOXF I RE PLANNED UNIT DEVELOPMENT BY U.S. HOME CORPORATION 6314 WHISKEY CREEK DRIVE SUITE D FORT MYERS, FLORIDA 33907 PREPARED FOR FOXFIRE COMMUNITY ASSOCIATION OF COLLIER COUNTY, INC. 1030 Kings Way Naples, Florida 33942 DATE REVIEWED BY CCPC May 20, 1~3 DATE APPROVED BY BCC June 8, 1993 ~ ORIGINAL ORDINANCE_ #8~-68 ORDINANCE NUMBER 93-31 FOXFIRE PUD STATEMENT OF COMPLIANCE The development of approximately 384.21 acres of property in Collier County, as a Planned Unit Development known as Foxfire, is in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The residential, recreational, and other development authorized herein will be consistent with the growth policies, land development regulations and applicable 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 Proj¢~ 1. The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required in Objective l, Policy 5.1 and Policy 5.3 of the Future Land Use Development. 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 U~e Element. 6. The project development incorporate a natural system for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub- Element of the Public Facilities Element. 7. The maximum density is less than 2.44 dwellin~ units per acre and is in compliance with the Future Land Use Element of the Growth Management Plan. 8. The project includes extensive open space in the form of a golf course and incorporates natural features to provide a high quality of life for its residents. SHORT TITb~ This Ordinance shall be known and cited as the Foxfire Planned Unit Development Ordinance. i INDEX ~'~ ' I PAGE SECTION I - PROPERTY OWNERSHIP & DESCRIPTION 1 thru 2 SECTION II - PROJECT DEVELOPMENT 2 thru 2 SECTION III - TRACT A: LOW DENSITY SINGLE FAMILY 3 thru 3 RESIDENTIAL DEVELOPMENT :.SECTION IV - TRACTS B: LOW DENSITY 4 thru 2 MULTI-FAMILY RESIDENTIAL DEVELOPMENT SECTION V - TRACT C: LOW DENSITY 5 thru 2 RESIDENTIAL DEVELOPMENT SECTION VI - TRACT D: MASTER WASTE WATER PUMP STATION 6 thru 4 SECTION VII - TRACT E & F: COMMONS AREA/GOLF COURSE 7 thru 4 SECTION VIII - DEVELOPMENT STANDARDS 8 thru 9 EXHIBIT "A": PUD MASTER DEVELOPMENT PLAN ., EXHIBIT "B": LOCATION MAP ' EXHIBIT "C": LOTS SUBJECT TO SECTION i3.5 OF THIS DOCUMENT; SPECIAL USE EXHIBIT "D": PROPOSED GOLF CART CROSSING SECTION 1 PROPERTY OWNERSHIP AND DESCRIPTION 1.1. PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of FOXFIRE. 1.2. LEGAL DESCRIPTION The subject project being 384 21 acres is described as: The West 1/2 of Section 6, Township 50 South, Range 26 East,. Collier County, Florida, LESS and EXCEPT that portion deeded for State or County, right-of-way and/or Utility Easements, as appear in those certain deeds and instruments recorded at O.R. Book 388, Page 426; and LESS and EXCEPT that portion deeded to the Florida Power and Light Company, as appears in that certain deed recorded at O.R. Book 323, Page 911, all as contained in the Public Records of Collier County, Florida, and all of lots 147 thru 153 inclusive of Naples Groves and Truck Co.'s Little Farms No. 2, less the South 75 feet Plat Book 1, Page 27, Collier County, Florida, located in Section 1, Township 50 S, Range 25 E. 1~3. PROPERT~ OWNERSHIP The subject property is currently under the ownership of FOXFIRE COMMUNITY ASSOCIATION INC. CONSISTING OF ALL CONDOMINIUM ASSOCIATIONS AND INDIVIDUAL HOME OWNERS WITHIN THE FOXFIRE DEVELOPMENT. 1.4. GENERAL DESCRIPTION OF PROPERTY AREA A. The project site contains 384.21 acres and is located in the West 1/2 of Section 6, Township 50 South, Range 26 ~East, and lots 147 thru 153 of the Naples Groves and Truck Co.'s Little Farms #2 Subdivision, located in the Southeast corner of Section 1, Township 50 South, Range 25 East, which is approximately one (1) mile east of Airport Road and situated between Radio Road and Davis Boulevard. B. The zoning classification of the subject property is PUD (Planned Unit Development) District. The property is within the Collier County Water-Sewer District and Collier County Water Management District No. 6. 1-1 9:] 1.5. PHYSICAL DESCRIPTION The project site is located within Water Management District No. 6. The majority lies within the natural drainage basin of Rock Creek with a minor portion within Haldeman Creek. The natural drainage of the site is in a westerly direction, to a point midway on the project's western border, where the overland flow drains into the headwaters of Rock Creek. Rock Creek, in turn, discharges into the Gordon River and Naples Bay at a point just north of U S. Highway 41 and southwest of the Naples Airport. Water Management for the proposed projec~ is planned to be the lake retention type. Elevations within the project site range from 6.8 to 10.0 feet above mean sea level. Most of the area, however, falls within the 7.5 to 9.0 feet of elevation category. Further, the depth to bedrock in the area varies from some four (4) feet to more than twelve (12) feet. This information is based on a January 1974 field survey. The soil types on the site include Arzell fine sand (approximately 50 percent), Immokalee fine sand (approximately 45 percent), and Sunniland fine sand (approximately 5 percent) Soil characteristics were derived from the Soil Survey of Collier County, Florida, issues by the U S. Department of Agriculture in March 1954. 1-2 SECTION II PROJECT DEVELOPMENT 2.1. pURPOSE The purpose of this Section is to delineate and generally describe the project plan of development, the respective -~i~'il land uses of the tracts included in the project, as well as %~ ~ the project criteria, for FOXFIRE. 2.2. GENERAL ~ A. Regulation for development of FOXFIRE shall be in accordance with the contents of this document~ PUD- Planned Unit Development District and other applicable sections and parts of the "Collier County Land Development Code" ~ B. Unless otherwise noted, the definitions of all terms i)'~ shall be the same as the definitions set forth in the ~;~ "Collier County Land Development Code". 2.3. PRQJECT PLAN AND LAND USE TRACTS ~.~ A. The project plot plan, including layout of s:treets and -~=' land use of the various tracts, is iljustrated ~,' graphically by Exhibit "A", PUD Master Development ~ Plan. There shall be four (4) land use tracts, plus ~, necessary street rights-of-wa~, the general ' configuration of which is also iljustrated by Exhibit 1. Tract A: Low density single-family ~:~ residential (±) 80.7 Acres 2. Tract B: Low density multi-family :~. residential (±) 68.8 Acres 3. Tract C: Low density residential (±) 9.7 Acres I 4. Tract D: Master Waste Water Pump Station (±) 1.3 Acres :? 5. Tract E: Commons Areas/Golf Course & Tract F: (±) 223.7 Acres TOTAL (±) 384.2 Acres B. Areas iljustrated as Lakes by Exhibit "A" constructed : prior to the effective date of this ordinance shall ~ continue to function as constructed. Areas iljustrated ! as Lakes by Exhibit "A" constructed after the effective date of this ordinance shall be constructed Lakes, or upon approval, parts thereof may be constructed as shallow, dry depressions for water detention purposes. Such areas, Lakes and dry areas shall be in the same general configuatioration and contain the same general acreage as shown by Exhibit "A". 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 may be necessary or deemed desirable for the service, function or convenience of the project's inhabitants. 2.4. MAXIMUM PROJECT DENS~ No more than a maximum 935 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project area is 384.21 acres. The gross project density, therefore, will be a maximum of 2.43 units per acre. 2.5. PROJECT PLAN APPRQVAL REQUIREMENTS Prior to the recording of the Record Plat, final plans of th~ required improvements shall receive the approval of all appropriate Collier County governmental agencies to insure compliance withlthe Plan of Development, Article 3, Division 3.3 of the Land Development Code, and the platting~laws of the State of Florida. Exhibit "A" constitutes the required PUD Master Plan. Subsequent to its approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for approval, followed · by final subdivision plat approval. If a Preliminary Subdivision Plat is not applicable, then subsequent to PUD approval a Site Development Plan shall be submitted for approval. 2-2 SECTION III TRACT A: LOW DENSITY SINGLE FAMILY RESIDENTIAL DEVELOPMENT 3.1. PURPOSE The purpose of this Section is to indicate the development plan and regulations for the area designated on Exhibit "A" as tract A, Low Density Single Family Residential. 3.2. MAXIMUM DWELLING UNITS ~ ~ A maximun number of 231 single family .units may be constructed in this tract. 3.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or land used, in whole or part, for other than the following: A. Principal Uses: (1) Single Family residence (2) Park or open space, as provided for in Section 3 5 of this document B. Accessory Uses: (1) Customary accessory uses and structures, including private garages. (2) Signs as permitted in Division 2.5 of the 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 LQT A~.EA: Tract A-1 10,000 square feet Tract A-2 6,500 square feet 3.4.3. MINIMUM LQT WIDTH: A. Tract A-1 Corner Lots - 100 feet average between front and rear lot lines. In the case of wedge-shaped corner lots, the front lot line shall be a line inter- connecting the two points where side lot lines intersect street rights-of-ways. B. Tract A-1~ Interior Lots - 85 feet average between front and rear lot lines. C. Tract A-2 Corner Lots - 70 feet average between front and rear lot lines. In the case of wedge-shaped corner lots, the front lot line shall be a line interconnecting the two points where side lot lines intersect street right-of-ways. D. Tract A-2 Interior Lots - 55 feet average between front and rear lot lines. 3.4.4. MINIMUM yARDS: A. Front yard - 30 feet (Tract A-i) 25 feet (Tract A-2) B. Side Yard - 7.5 feet (Tract A-l) 5.5 feet (Tract A-2 C. Rear Yard ~ 30 feet. In the case of residential pools which are screen enclosed or unenclosed, rear yard setbacks may be reduced to 10 feet. D. All yards abutting a street shall be front yards Four-sided corner lots shall have two front and two side yards. Five-sided corner lots shall have two front, two side, and one rear yard, with the rear yard being farthest from the abutting streets. 98' 3.4.5. MINIMUM FLOOR AREA: A. One istOry - 1,200 square feet of living area exclusive of pati° and garage. B. Two story - 1,600 square feet of living area exclusive of patio and garage. 3.4.6. OFF-STREET PARKING REOUIREMENTS As requfred by Collier County Regulations in effect at the time permits are sought :~ 3.4.7. MAXIMUM HEIGHT !'~ Thirty (30) feet above finished grade of lot or from the minimum base flood elevation required by i.t the Flood elevation Ordinance, whichever is higher. Tract "A" Lot 18 of Block "G", and Lot 60, of Block "F~, of unit #3 (Exhibit "C") shall be utilized for park, or open space only. SECTION IV TRACT B: LOW DENSITY MULTI-FAMILY RESIDENTIJtL DEVELOPMENT 4.1. pURPOSE The purpose of this Section is to indicate the development ,..~ plan land regulations for the areas designated on Exhibit ~ "A" as Tract B, Low Density Multi-Family Residential. '~i.~, Detailed architectural plans will be developed when .~:.~ appropriate and must be approved by the proper County - agencies as in conformance with the Final Development Plan V... and the PUD document prior to the issuance of any construction ~' permit. 4.2. MAXIMUM DWELLING UNITS A maximum number of 704 dwelling units may be constructed on Tracts B and C. 4 . 3 . USES PERMITTED No building or structure, or par~ thereof, shall be erected, altered or used, or land used, in whole or. in part, for other than the following: A. Principal Uses: (1) Multi-Family Residences. B. Accesso~ Uses: (1) Accessory uses and structures, including private garages and enclosed storage structures for golf carts. (2) Recreational uses and facilities such as swimming pools, children's playground areas, etc. Such uses shall be visually and functionally 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. './,'i'i (3) Signs as permitted in division 2.5 of the Land ~. Development Code. 4 - 1 4.4.1. ~ Ail criteria listed below shall be understood to be in relation to the respective tract boundary lines or between buildings. 4.4.2. MINIMUM YARDS: The multi-family "Tracts" included in the project design are not intended to facilitate traditional criteria for front, side and rear yard setbacks. On. the other hand, the following criteria are herein included~ so as to preserve the integrity of the project: A. Setbacks from Golf Course Tract Lines = None B. Setbacks from non-golf course Tract lines 30 feet or one-half (1/2) the building height whichever is greater. C. Distance between principal structures = 20 feet or one-half (1/2) the sum of the heights of the adjacent structures whichever is greater. In instances where there shall be structures on opposite sides of the same envelope (or multi-family tract), and these structures are separated by a through accessway, each structure will be set back from the center of the acCessway a minimum of 20 feet plus one-half (1/2) the height of the structure. 4.4.3. MINIMUM FLOOR AREA Each residential unit shall have a minimum floor area of 800 square feet. 4 4.4 MAXIMUM H~I~HT Four (4) floors of living area with option of having one (1) floor of parking beneath the living area. 4.5. OFF-STREET PARKING REOUIREMENTS: As required by Collier County Regulations in effect at the time permits are sought. 061 4-2 SECTION V TRACT C: LOW D~NSiTY RESIDENTIAL DEVELOPMENT 5.1. PURPOSE The purpose of this section is to indicate the development plan land regulations for the areas designated on Exhibit "A" as Tract "C" Low Density Residential 5.2. MAXIMUM DWELLING UNIT~ ~ maximum number of 704 dwelling units may be constructed on Tracts B and C. 5.3. 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 Uses: (1) Single family units are permitted as individual structures or as combinations of up to and including six (6) single, family attached units per structure. Such unit' types as single family attached, duplex, patio, cjuster attached, cjuster detached, villa attached, villa detached, or garden apartments, and zero lot lines are ~ permitted. B. Accessory Uses: (1) Customary accessory uses and structures, including private garages and enclosed storage structures for golf carts. (2) Signs as permitted in Division 2.5 of the Land Development Code. ~':~ ~.4Jl. DesiGn A~Droval ~?~ To permit flexibility in the design of the residential cjusters in conformance with the ?i~' intent of this district, minimum lot and setback ~ dimensional standards shall be approved in ' accordance with the Collier County Site .~! Development Plan review process for each proposed !~ development. A site plan indicating general building envelopes, lot or parcel configuration, parking .and landscaping areas, and minimum ~. setbacks shall be submitted for staff review and [~. approval. ~'~'"r.~ 5.4 .2. Off-Street Parking Re~uirem~D~s As required by Collier County Regulations in effect at the time permits are sought. 5.4.3. Maximum Heiqh~ m~ : Thirty (30) feet above finished grade of lot or from the minimum base flood elevation required by the Flood. Elevation Ordinance whichever is higher. 5-2 SECTION VI TRACT D: MASTER WASTEWATER PUMP STATION AND EFFLUENT STORAGE TANK SITE 6.1. pURPOSE The purpose of this Section is to provide standards for the development of a wastewater pump station and effluent storage tank site within the boundaries of the proposed site. 6.2. GE~RAL Collier County acquired 1.25 + acres, located in the extreme northeastern portion of the project site, by eminent domain proceedings for the purposes of establishing a master waste- water pump station and effluent storage tank site to be included as part of the South County Regional Wastewater System which will be constructed with federal funding assistance. The proposed Master Wastewater Pump Station and Effluent Storage Tank site is ilIustrated by Exhibit "A". 6.3. USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used in whole or part, for other than the following: A. Principal Uses: (1) Master Pump Station (2) Effluent Storage Tank B. Accessory Uses .. (1) Uses Customarily associated with master pump i~., · stations. (2) Uses customarily associated with effluent storage tanks. 06l 104 ~i ~00~, PAr-'[ 6-1 6 · 4 · REGULATIONS 6.4.1. MINIMUM YARDS: A. Front Yard -75 feet measured from the south boundary of Radio Road right-of-way as existing on January 1, 1985 B. Side Yard - 25 feet C. Rear Yard - 25 feet 6.4.2. MAXIMUM HEIGHT: .Thirty-three (33) feet above finished grade of lot or from the minimum base flood elevation required by the Flood Elevation Ordinance whichever is higher. "," SECTION FIVE: Subsection 6.5, Development Commitments is hereby added as follows: ",. 6.5. DEVELOPMENT COMMITMENTS ~ 6.5.1. STIPULATIONS · 'i' a. Petitioner shall be subject to the tree/vegetation removal ordinance in existence at the time of permitting, requiring the acquisition of a tree removal permit prior to any land clearing. A Site clearing -~:~. : plan shall be submitted to Collier County Environmental Services Department and the Community Development Division for their review and approval prior to any ; substantial work on the site. The plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final ~ site layout incorporates retained native vegetation to ~..,' the maximum extent possible and road, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. : b. Native species shall be utilized, where available, to · the maximum extent possible in the site landscaping :/ design. A landscaping plan will be submitted to the .... Collier County Environmental Services Department and the "~ Community Development Division for their review and " approval. This plan will depict the incorporation or native species and their mix with other species, if any. 061 105 "" 600K~A~[ The goal of site landscaping shall be the re-creation of native vegetation and habitat characteristics lost on the ~: i Site during,construction or due to past activities. ~i. c. All exotic plants as defined in the County Code shall ~.. ~ , ~;.' be removed during each phase of construction from '~?~ development areas, open space areas, and preserve '~!' areas. Following site development a maintenance program shall be implemented to prevent reinvasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be ~.~ filed with and approved by Collier County Environmental ~!~' Services Department and the Community Development :.~ Division. d. If during the course of site clearing, excavation, or other constructional activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at that location shall be immediately stopped and the Collier County Environmental j Services Department notified. Development will be suspended for a sufficient length of time to enable the Collier County Environmental Services Department or a · designated consultant to assess the find and determine ? the proper course action in regard to its salvageability. The Collier County Environmental Services Department will respond to~ any such notification in a timely and · efficient manner so as to provide only a minimal · ~ interruption to any constructional activities. e. Detailed site drainage plans of the parcel showing corn~ection to th~ Foxfire stormwater collection system ~ shall be submitted to the~Development Services Director ~. for review. No construction permits shall be issued · unless and until approval of the proposed construction in accordance with the submitted plans is granted by the County Engineer. f. All access to public right-of-way shall be subject to Ordinance 82-91 and/or revisions thereof. g. The parcel (Tract 10 Plat Book 13, Page 102) is subject to public right-of-way on the north of 35 feet and a drainage easement on the east of 10 feet. ';.~" h Access to Radio Road under the future four lane ~' condition shall be restricted to a right-turn in/ right-turn out: no provision of a median opening A,' shall be approved. 6-3 ~:- i. Access to Radio Road under the existing two lane t condition shall incorporate a right-turn entrance i radius of no less than 30 feet, and preferably 50 feet, to assure safe access from Radio Road. '~ j. All of the project area is to be served by central ~' water and sewer systems. k. The petitioner shall comply with all Florida Department ~ Environmental Regulation (DER) regulations in the ?. construction and use of the proposed pump station and .~.. effluent holding tank. 1. · The pump station site is to be visited by County .:.~ personnel every day and the effluent storage tank Ii~,~i~ 'is to be monitored on a weekly or semi-weekly basis. ~'.~ m. A landscape buffer, in accordance with Div. 2.4 of ~.: the Collier County Land Development Code, shall be '-~ . provided around the storage tank. n. Broadleaf trees shall be planted around the storage · ~: tank. These trees shall be planted at 20 feet on .~ center or closer and be of a type that reaches a <' minimum height of 30 feet %t maturity. (Trees such as slash pine would not provide an adequate visual ~ buffer). ~ o. Trees shall be left and/or replanted (as a part of the ?' developmen~ of the site) along all property boundaries ,~ so as to aid in providing a visual buffer. p. Prior to' obtaining a building permit, a detailed Site ~i' Development Plan shall be submitted for review and !" approval by the County. q. Collier County shall provide a six foot tall wooden fence or equivalent vegetative screen at the discretion iii~.: of the Foxfire Community Association around the subject parcel where it abutts residential properties. SECTION VII i : TRACT E & TRACT F: COMMONS AREA/GOLF COURSE 7.1.~ The purpose of this Section is to set forth the development plan and regulations for the areas designated as Tract E, Commons Areas/Golf Course on the PUD Master Development Plan, Exhibit "A". 7.2. DEVELOPMENT PLAN A. The primary function and purpose of this Tract will be to provide aesthetically pleasing open areas, golf L' course and recreational facilities. Further, these areas shall provide for the flood relief and drainage of the total project. '..i~ B. Except in areas to be used for water impoundment and :. principal or accessory use areas, all natural trees and !.i"i other vegetation as practicable shall be protected and - . preserved. All landscaping and earthwork to be :~ performed in the Common areas shall be of high quality and in keeping with the primary goals set for this development and in accord with the Landscape Plan. 7.3. USES PERMITTED No building or structure, 6r part thereof, shall be'erected, altered or used, or land'used, in whole or in part, for : other than the following: ~.'~ A. Principal Uses: 1. Golf Courses 2. Open spaces and outdoor recreation facilities. 3. Lakes and other functional facilities or uses to serve for the flood relief and drainage of project '.~. improved areas. 4. Pedestrian and bicycle paths or other similar facilities constructed for purposes of access to or ~: passage through the Common areas. 5. Small buildings, enclosures or other struc=ures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 6. Small docks, piers or other such facilities constructed for purposes of lake recreation for project occupants or members. 7. Shuffleboard courts, tennis courts, swimming pools, and other types of facilities intended for outdoor recreation. B. Accessory Uses: 1. Clubhouse, pro-shop, practice driving range and other customary accessory uses of golf courses, or other recreational facilities. 2. Small establishments, including but not necessarily limited to, gift shops, golf equipment sales, restaurants, cocktail lounges, and administrative services and management offices, intended to exclusively serve or be a service beneficial exclusively to the members of the Association, patrons of the golf course or other permitted recreational facilities subject to the provisions of Div 2.2.1 of the Collier County Land Development Code. 3. Signs as permitted in Div. 2.5 of the Collier County Land Development Code. 4. A caretakers unit in conjunction with the operation of the golf course as determined to be compatible with the adjacent zoning by the Developmen= Services Director. Plans for the golf course and all other uses shall be submitted to the Director who will review these plans and approve their construction in compliance with Division 3.3 of the Collier County LDC. Ail construction shall be in accordance with the approved plans and specifications. The perimeter boundaries of such plans shall be recorded in the same manner as a subdivision plat. 1.09 7-2 ?.5. GENERAL REOUIREMENTS 1~) Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be set back a minimum of fifty (50) feet abutting residential districts and an appropriately landscaped and maintained buffer shall be provided. 3) Lighting facilities shall be arranged in a manner which Will protect roadways and neighbooring properties from direct glare or other interference. 7.6. ~AXIMUM HEIGHT Thirty-five (35) feet within 150 feet of any Tract restricted to thirty (30) feet or less in height, and forty-five (45) feet elsewhere within the Tract as measured from the finished grade of site or from the minimum base flood elevation required by the Flood Elevation Ordinance whichever is greater. Structures located within Section 1, Township 50 S, Range 25 E shall be limited to one (1) building s~ory o' 7.7. MINIMUM OFF-STREET PARKING As required by Division 2.3 of the Land Development Code, or Collier County regulations in effect at the time of permit application. 7.8.1~ Buffer Zone along Davis Boulevard: Vehicular access to rear of lots across the buffer zone along Davis Boulevard is prohibited. Landscape buffer materials shall be installed by the Project Sponsor as a part of the required improvements construction. 7-3 7.8.2. Future Right-of-Way Requirements for that part of Foxfire PUD within Section 6, Township 50, Range 26: A parcel of land parallel to Davis Boulevard and 65 feet in width shall be designated as Tract and retained as open space and as a buffer zone. The southerly 40 feet of this parcel shall remain unused, except 'for landscaping, so that it may become a par~ of any future frontage road system constructed along Davis Boulevard. Costs for construction shall be paid on the basis established by the appropriate governmental agency at the time of construction of the frontage road. A parcel of land parallel to Radio Road and 35 feet in width shall be designated as Tract "F" so that it may become a part of any future expansion of Radio Road. The additional right-Of-way reserved as Tract "F" (40 feet along Davis Boulevard and 35 feet along Radio Road) will be dedicated to the appropriate governmental agency at the time of construction of the Davis Boulevard frontage road and the expansion of Radio Road. Such dedication ocurring after the effective date of this ordinance shall be eligible for Road Impact Fee Credit pursuant to Ordinance 92-22. 7.8.3. Right-of-Way reservation for that part of Foxfire PUD within Section 1 Township 50 South, Range 25 East. Any properties which are required to be reserved for right-of-way expansion for Davis Boulevard shall be subject to either Road Impact Fee Credit pursuant to Ordinance 92-22 or shall be acquired at fair market value from the property owner. 7.9 ENVIRONMENTAL A minimum of 16.41 acres of pine flatwoods (25% of the golf course expansion area) shall be retained in its natural state. Ail Collier County wellfield protection zones overlaying the site (as identified in Collier County Ordinance No. 91-103, as amended) shall remain in effect unless otherwise modified by Collier County. 7-4 SECTION VIII DEVELOPMENT STA3gDARDS 8.1. PURPOSE The purpose of this Section is to set forth the standards for the development of the project. All facilities shall be constructed in strict accordance with the Final Development Plan and all applicable State and Local laws, codes, and regulations. Except where specifically noted or stated otherwise, the standards and specifications of Article 3, Division 3.2 of the Land Development Code shall apply to this project. Water distribution, sewage collection and transmission and interim water and/or s'ewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88- 76, as amended, and other applicable County rules and regulations. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of. th~ County and will be billed by the County in accordance with the County, s established rates. 8.3. PUD.MASTER'~DEV~LOPMENT PLAN A. Exhibit "A", PUD Master Development Plan, iljustrates the.proposed development. B. 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. Minor site alternations may be permitted subject to planning staff and administrative approval. C. All necessary easements, dedications, or other instruments shall be .granted to insure the continued operation and maintenance of all service utilities and all areas in the project. D. To Protect the integrity of the multi-family residential neighborhood, access roads to multi-family development tracts are intended to be private roads while all other roads may be public roads. 8-1 8.4. PROJECT DEVELOPMENT ~ND RECREATIONAL FACILITIES ~ i The proposedide~elopment is iljustrated by Exhibit "A". The proposed construction shall comply with the standards set forth and the resulting complete project shall adequately serve its Dccupants and members and will not cause a general public problem. Such measures as the construction of cul- de-sacs at street ends, screens, signs, landscaping, erosion control and other similar-in-function facilities shall be taken to accomplish the above set forth objectives. Any additional recreational facilities, as may be needed by the future residents of this project, shall be funded through a system of revenues collected by the Foxfire Community Association. The Community Association By-Laws shall include a provision that the creation of:a capital improvement fund is mandatory, and every property owner in the development shall become a member of the Association. 8.5. CLEARING; GRADING. EARTHWORK,.AND SITE DRAINAGE All clearing, grading, earthwork and site drainage work shall be performed in accordance with all applicable State and local codes. The cypress head in the west central portion of the project and the large clumps of palmettos in the unexcavated common areas will .be protected during construction with the 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. 8.6. STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that are in effect at the time of approval. 8.7. ~ASEMENTS 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. BOOK PAt 8-2 8.8. WASTE"WATER COLLECTION, TRANSPORT AND DISPOSAL All project areas shall be served by a central wastewateY collection system. All applicable water and sewer connection charges must be paid to the County Water-Sewer District prior to the issuance of any building permits. The projects Developer(s) his assigns or sucessors shall comply with the current County ordinances regarding use of treated sewage effluent for irrigation purposes. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic, capacity to serve this project and improved as required outside the projects boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing'transmission facilities. 8.9. WATER SUPPLY A central water supply system shall be made available to all areas of the project. The water supply source for the project shall be the City of Naples system or other area wide systems made available to the project site via Collier County Water-Sewer District. 8.10. SOLID WASTE DISPOSAL Arrangements and agreements shall be made with the approved solid waste disposal service to provide for solid waste col'lection service to all areas of the project. 8.11 .OTHER UTILITIES Telephone, power, and TV cable service shall be made available to all residential areas. All such utility lines shall be installed underground. Any above ground antennas which will be external to a building shall require the approval of the Association. 8.12.]~JlFFIC SIGNAL The development agrees to pay his proportionate share of the costs of a traffic signal system at the intersection of Davis Boulevard and the entrance to Foxfire and at the intersection of Radio Road and the entrance to Foxfire at the time such system is constructed. At the time of 8-3 beginning of land development, additional pavement will be constructed along Davis Boulevard and along Radio' Road at the entrance to Foxfire to provide left iturn storage iand right turn deceleration lanes for traffic entering Foxf~re. Costs associated with this paragraph shall be included in the bonded improvements when the Plat is recorded. 13 .ARCHITECTURAL REVIEW Ail buildings constructed within Foxfire must comply with the architectural review standards which shall be specified by the recorded covenants and deed restrictions that go with the properties. 8.14.ACCESSORY STRUCTURES Accessory structures must be constructed simultaneously with or. following the construction of the principal ~tructure and shall conform with the following setbacks and building separations. Structure to Accessory Front Rear Side Structure structures - Single Family 30' 10' 10' 10' Area (Only) 15. SIGNS Ail signs shall be in accordance with the appropriate County Ordinances. 8.16.LANDSCAPING FOR OFF-STREET PARKING AREAS Ail landscaping for off-street parking areas shall be in accordance with the appropriate Collier County Ordinances. 8.17.~ARKING. STORAGE, QR USE OF MAJQR RECREATIONAL EQUIPMENT Major recreational equipment is hereby defined as including boats and boat trailers, travel trailers, pickup campers or coaches (designed to be mounted on 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 occupied by 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, and no such equipment may be parked anywhere on residential or recreational premises for a period not to exceed twenty-four (24) hours during loading and unloading without permission of the Foxfire Community Association. 8.IS.PARKING OF COMMERCIAL VEHICLES..IN RESIDENTIAL AREAS A.= i It shall be ~nl~wful to park a commercial vehicle on any lot in a residentially zoned district unless one of the following conditions exist: 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 completed. 2) The vehicle is parked in a garage, carport, or fully screened area and cannot be seen from the exterior of the lot or the adjacent multi-family structures. 8.19.GENERAL LANDSCAPE DEVELOPMENT CONCEPT To provide an aesthetic environment for future residents of this development and the community as a whole, with minimum disruption of existing vegetation patterns by: 1) Establishment of guidelines for maximum utilization of existing natural features. 2) Re-establishment of acceptable vegetation on lands previously used for agriculture purposes which now lay fallow. 3) Maintain cypress head in a natural condition. ~ COMmUNiTY ANALYSIS The total project acreage, +318.67 subject to Ordinance #81-68 has been developed as indicated in that Ordinance, including retention of the Cypress Head and Preservation Areas described in Section 8.19,D & E of this document. The addition of the Western +65.54 acres to be utilized for nine holes of golf represents the only remaining plant community to be significantly altered. The following is an analysis of that plant community: Land Classification Code No. 411, Pine Flatwoods 8-5 Pine Flatwoods effectively cover the entire site. This classification has a canopy dominated by Slas~ Pine (Pinus elliottii var. densa), a typically sparse to absent midstory, and a ground cover of wiregrass (Artistida spp.), saw palmetto (Serenoa repens), or muscadine grape (Vitis rotunditolia). Various other species also occur, though less commonly, including poison ivy (Toxicodendron radicans), gallberry (Ilex glabra) wax myrtle (Myrica ceritera, myrsine (Rapanea punctata), staggerbush (Lyonia fruticosa), winged sumac (Rhus copallina), fox grape (Vitis labrusca), dogfennel (Eupatorium capillifolium) and yellow-eyed grass (Xyris spp.). Cabbage palms (Sabal palmetto) are scattered througout this classification, but are not dominant even in the midstory. Dwarf wax myrtle (Myrica pusilla), gopher apple (Licania michauzii), prickly pear (Optunia stricta) and other species tolerant of xeric conditions also occur in drier portions. Brazilian pepper (Schinus terebinthifolius) occurs on small patches throughout~ this classification but is not dominant in any area. Melaleuca (Melaleuca quinquenervia) is beginning to invade the site, but is not dominant in any extensive areal ~ATIVE. VEGETATION BUFFER AREAS FUNCTION[ Provide visual and noise buffer between building sites, roadways and adjoining properties. ~ Vegetation to remain in an unmolested site. All vehicles and construction equipment to be prohibited from this area during and following construction with the exception of maintenance equipment. Specific maintenance program will be established to maintain a healthy natural state. CYPRESS HEAD AREA FUNCTION: Preservation of an attractive natural resource community. Retention of water during the rainy season, and a ground water recharge area as well as a water quality improvement facility. Provide unique recreation and aesthetic experience for the pleasure of project residents. 8-6 ~ Preservation and protection of flora and fauna, with the exception of introduction of a golf course fairway as indicated on the' PUD Master~ Development Plan. Prohibit vehicles and construction equipment with the exception of maintenance equipment. Removal of obnoxious exotics, i.e. melaleuca lecudendra, Schinus terebinthifolius and others. Establishment of a maintenance program to insure a healthy environment by directing water flow into the head to provide optimum surface flooding depths. Irrigation of the head during periods of drought to protect from fire, premature cypress defoliation and excessive plant stress. Final design and location of the fairway to be approved by County Environmental Consultant. PRESERVATION AREAS FUNCTION: In areas which have vegetative types which we feel are valuable or unique to the environment of this development. Some areas are composed of specimen trees and others are a solid mass of saw palmetto. TREATMENT: Vegetation to remain in an unmolested state, except for development of pedestrian/cycle paths and approved satellite recreation facility areas. Vehicles and construction equipment to be prohibited with the of maintenance exception equipment. These areas will be better defined when stake out of lakes and building sites takes place, some areas may increase or decrease in size as vegetative patterns are established. MOUND AND VEGETATION BUFFER ALQN~ D~VI$ ~OUL~VARD FUNCTION: Provide noise and visual buffer from traffic and adjacent properties. ~ Due to the small number of trees in this area an earth mound will be constructed in such a manner as not to destroy existing trees of value. Establishment of ground cover and trees will take place on completion of construction. BUILDING SITES FUNCTION: Location for structures. ~ Retain maximum amount of vegetation with the exception of small areas for stockpiling fill. 8-7 STREET PLANTING FUNCTION: Establishment iof a pleasantienvironment by the use of trees and vegetation that require a minimum amount of maintenance. TREATM~ Street trees will be planted on basis of .one tree per 50 lineal feet of roadway per side. Trees may be planted as individuals or as cjusters. Cjuster planting will be located on a maximum interval of 1,000 lineal feet. Any existing trees within right-of- way may be counted as a part of the street tree planting. Street slopes will be revegetated with durable grasses to control erosion. FUNCTION: Provide. water storage, recreation and aesthetically pleasing quality for the community. ~ On completion of construction, lake banks, will be revegetated with durable grasses to control erosion. SIDEWALK/BIKEWAY~ Sidewalks and bikeways shall be provided and constructed according to local County code and ordinances. GENERAL POLICIES FUNCTION: Provide an* aesthetically pleasingI as well as functional environmental in general. TREATMENT: Four classification fall into this category. 1. Farm land areas: Areas that have been previously farmed that are planned for general open space as well as certain parts of the Common Areas, to be reforested on basis of management program developed in conjunction with Forestry Department. Re-establishment of ground cover by the use of durable grasses to eliminate wind and water erosion. 2. Select clearing areas: As a general policy and as much as practicable selection clearing and protection of valuable vegetation shall be applied. 119 8-8 3. Disturbed areas: Upon completion of construction, all disturbed soils located within the Commons/Golf Course Area shall be revegetated with durable grasses to eliminate water and wind erosion. 4. Obnoxious exotics shall be destroyed in accordance with the applicable County Ordinances~ L. POLLING PLACES Rooms shall be provided within common areas for the purpose of permitting residents within the PUD to vote during all elections. The number and location of needed rooms shall be determined by the Collier County Supervisor of Elections. 8.20 WATER MANAGEMENT A. An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of Collier County Ordinance No. 92-73 and SFWMD rules. B. A copy of SFWMD Permit or Early Work Permit is required prior to final construction plan approval. C. At the tim~ of final construction plans approval, it must be demonstrated that the golf course discharge will not exceed the capacity of the off-site ditch or'proposed improvements. Any necessary improvements to~ the ditch will be at the Developer's expense. This does not ~xclude cost sharing by all parties impacting discharge volumes. 8.21 GOLF CART CROSSINGS If required by Collier County, petitioner shall apply for and obtain a right-of-way permit to access Section l, Township 50 S Range 25 E from Section 6, Township 50 S Range 26 E, crossing ~stey Avenue as indicated on Exhibit E. ""'PROJEC'T LOCATION MAP ' ~\ '~ ! BO,rrA ~' ~,, .~.-I ~... r.. ~'" '~'~'~ ~,- I /,. ~ · ~ ~ /~ , ~ ~YE~). ~ 'VANOERBILT ~,:'. BEACH ~(~ ~ TO I~E ... ~lom, PoIz~ ll~OG[ RD ; t~ TENN~ CLU~ GIK[# : '~ NAPLES · NA.T'UI~ · BEAJ~ PAW LOWO~ IM, aLK PARK N S U THO44AS S o/ EXHIBIT "B" ~ ', ... ..~ ... ~.~:~ I part of: PLAT HOOK 1 3 PAGE I O~ UNIT THREE Proposed Golf Cart Crossing : STATE OF FLORIDA ) COUNTY OF COLLIER ) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 93-31 which was adopted by the Board of County Commissioners on the 8th day of June, 1993, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Co/l/er County, Florida, this 16th day of June, 1993. .. .~.i"' - ;'tOo ' ': .... DWIGHT E. BROCK .,.. Clerk of Courts and Cler~ '. ............ . '/~ . Ex-officio to Board of':~ ."', " County Commissioners ' ~' ,~ * . :'"~,. [ By: /s/Maureen Kenyon' . ..