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Ordinance 93-32 ORDINANCE. NO. 93-_1~__ ~ AN ORDINANCE AMENDING ORDIN~2qCE NUMBER IX ~;~. 91-102 THE COLLI~ CO~TY ~D ~. ~ D~E~PMENT CODE ~ICH INCLUDES THE ~Q. ~t~ '~ CO~R~ENSIVE ZONING REGU~TIONS FOR THE ~INCO~O~TED ~ OF COLLIER CO~TY, F~RIDA BY ~DING THE OFFICIAL ZONING '-t..':? .... AT~S ~S ~B~ED 0630, 0631, 0632N, 0632S and 160506; BY C~GING THE ZONING C~SSIFICATION OF THE HEREIN DESCRIBED' R~ PROP~TY FROM "A" and "A-ST" TO "P~" P~ED ~IT D~ELOPMENT KNOWN AS LELY ~ES FOR A MIXED USE D~E~PMENT (720 RESIDENTIAL DWELLING ~ITS, DIVERSE ~CR~TION~ ~ENITIES INCLUDING A 27 HOLE GOLF CO~SE, CLUBHOUSE AND A S~LL NEIGHBO~OOD CO~ERCIAL CENTER), ~CATED SO~ OF ~ST T~I~I T~IL (US-41), ~PROXI~TELY ONE MILE SOPHIST OF THE INT~SE~ION OF ~ST T~I~I T~IL ~D ~LESN~E ~OCK ROAD (CR-864) IN SE~IONS 30, 31 & 32, TO. SHIP 50 SO.H, ~GE 26 ~ST ~D SECTION 5, TO.SHIP 51 SO.H, ~GE 26 ~ST, COLLIER CO~TY, F~RIDA, CONSISTING OF 1,495~ ACRES; ~D BY PROVIDING ~ EFFECTIVE DATE. ~S, Mc~ly, Asher and Associates, Inc., . representing ~ly Development Corporation and Investor's Real 'Estate Southwest Corporation, petitioned the Board of County Co~issioners to change the zoning classification of the .herein described real property; NOW, ~EFORE BE IT O~AINED by the Board of County Co~issioners of Collier County, Florida: The Zoning Classification of the herein described real ~'~" property located in Sections 30, 31 & 32, Township 50 South, .~; .j. Range 26 East and Section 5, Township 51 South, Range 26 East, Collier County, Florida, is changed from "A" and "A-ST" to "P~" Planned Unit Development in accordance with the Lely ~kes P~ Doc~ent, attached hereto as Exhibit "A" and incorporated by reference herein. The Official Zoning Atlas Maps Numbered 0630, 0631, 0632N, 0632S and 160506, as " described in Ordinance Number 91-102, the Collier County Land --1-- Development Code, are hereby amended accordingly. 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 ADOPTED by the Board of County Commissioners of Collier County, Florida, this /~ day of · ~ 1993. .;;. "i: J.'.'i,'~)'~%A~I[J ,~, .. BOARD OF COUNTY COMMISSIONERS ',. .,%~.:.. .~67 '-. ~; COLLIER~TY, F~RIpA B~T L. SANDERS, C~I~ . ~. % ~t '. ~.' ...,~.. ~ .. ~' ?.. . . ,: ~ .': -2- LELY LAKES A PLANNED UNIT DEVELOPMENT PREPARED FOR: LELY DEVELOPMENT CORPORATION & INVESTOR'S REAL ESTATE SOUTHWEST CORPORATION & COMMERCIAL PROPERTIES SOUTHWEST CORPORATION PREPARED BY: McANLY, ASHER & ASSOCIATES P.A. PROFESSIONAL ENGINEERS, PLANNERS & LAND SURVEYORS 5101 TAMIAMI TRAIL EAST SUITE 202 NAPLES, FLORIDA 33962 DATE FILED DATE REVIEWED BY CCPC . DATE APPROVED BY BCC 6/8/93 .,,.~ ORDINANCE NUMBER 93-32 LLPUD4.DOC TABLE OF CONTENTS PAGE L~ST OF ~HIBrrs ~ STATEMENT OF COMPLIANCE & SHO~ T~E II S~ON I PROPE~Y O~RSHIP & D~CRI~ION 1-I S~ON II PROIE~ DEVELOPME~ 2-I S~ON III ~IDE~IAL DEVELOPME~ 3-1 S~ON IV ~IGHBO~OOD COMMERCIAL 4-1 SE~ON V COMMONS/~C~A~ON A~ 5-1 SE~ON VI PASSIVE ~C~A~ON AREA ~1 8~ON VII NAW~L A~A 7-1 S~ON ~II B~R A~ 8-1 S~ON ~ DEV~OPME~T COMM~ME~S 9-1 061 129 LIST OF EXHIBITS, TABLES & FIGURES VICINITY MAP (Page I-4) TABLE I RESIDENTIAL DEVELOPMENT STANDARDS (Page II[-6) FIGURE 4-I CjustERED NEIGHBORHOOD COMMERCIAL SKETCH (Page iv-6) FIGURE 4-2 CjustERED NEIGHBORHOOD COMMERCIAL CONCEPTUAL DESIGN (Page IV-6) EXHIBIT A Planned Unit Development Master Plan (Prepared by McAnly, Asher & Associates P.A.); (Base map drawn by Glatting, Lopez, Kercher, Anglin) EXHIBIT B Planned Unit Development Tact Map (Prepared by McAnly, Asher & Associates, P.A.) 061 :130 i STATEMENT OF COMPLIANCE The development of apt?roximatety 1,495 acres of property in Collier County, to be_ known a~ Lely Lakes will be in compliance with the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential, commercial and recreational facilities of Lely Lakes will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The urban intensity land uses proposed in Lely Lakes are located within the Urban ResidentialLand Use Designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2) The subject property's location in relation to existing or proposed community facilities and services, and Urban Land Use Boundary permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3) The proposed residential density of 0.48 dwelling units per gross acres is substantially less than that defined by the Density Rating System in the Future Land Use Element. Policy 5. I of the Future Land Use Element requires that new residential zoning be at a density equal to, or less than that defined by the Density Rating System. 4) The proposed commercial development opportunity complies with the requirements for EU.D. Neighborhood Commercial Subdistricts as set forth in Section 4.B.2. of the Density Rating System from the Future Land Use Element. 5) The project development is compatible and complementary to existing and future surrounding land usa as required in Policy 5.4 of the Future Land Use Element. 6) Theproject's development will adhere to the provisions of Collier County's LandDevelopment Code as set forth in Objective 3 of the Future Land Use Element. 7) The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3. I.H and L of the Future Land Use Element. 8) The project development will incorporate natural systems for water management in accordance with their natural functions and capabilities as set forth in Ordinance 90-10 and Collier County's Land Development Code as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. ii SECTION I PROPERTY OWNERSHIP AND DESCRIPTION 1.1 PURPOSE: ~.. The purpose of this Section is to set forth the location and ownership of the ptopeW~, and to describe the existing conditions of the property proposed to be : developed under the project name of Lely Lakes PUD. 1.2 LEGAL DESCRIPTION: BEGIN at the Northwest comer of Section 30, Township 50 South, Range 26 East and run N88°22' 12'E along the North line of said Section 30 for 2485.42 feet to the North Quarter Comer of said Section 30; thence continue along the North line of Section 30 N88°ll'49"E for 1642.88 feet to the intersection with the Southwesterly right-of-way line of the Tamiami Trail (U.S. 41); thence run S39°04'28"E along the Southwesterly right-of-way line for 2335.24 feet; thence leaving said right-of-way line run S38°07'48"W for 578.02 feet; N89°44"I6"W for 352.07 feet; thence run S02°47'25"W for 308.99 feet; thence run S89°43"04"W for 30.04 feet to the intersection with the East line of Section 30 and the East Quarter Corner of said Section 30 thence run S87°13'06NW for 611.38 feet to the Northwest comer of the Northeast quarter of the Northeast quarter of the Southeast quarter of said Section 30; thence S02°30'01"W for 652.48 feet to the Southwest comer of the Northeast quarter of the Northeast quarter of the Southeast quarter of said Section 30; thence run N86°56'22"E along the South line of the Northeast quarter of the Northeast quarter of the Southeast quarter for 609.03 feet to the intersection with the East line of said Section 30; thence run S02°43'54"W along said East line for 1949.26 to the common corner of Sections 30, 31 and 32; thence run S02°44'44"W along the East line of Section 31 for 2607.63 feet to the East Quarter Corner; thence continue along said East line S02°48' 12"W for 206.43 feet; thence leaving said Section line run N59°55'24"W for 2041.16 feet to the most Westerly corner of Trail Acres, Unit No. 2, recorded in Plat Book 4, page 62 of the Public Records of Collier County, Florida; thence run S39°03'08"E along said Plat Boundary for 1308.84 feet to the intersection with the Southeasterly right-of-way line of Southwest Boulevard; thence run N50°56'52"E along the Southeasterly right-of-way for 762.43 feet; thence leaving said right-of-way run S39°03'08NE for 430.00 feet; thence run NS0°56'52"E for 200.00 feet to the intersection with the Southwesterly Bound.a~/. line of Trail Acres, Unit No. 3, recorded in Plat Book 3, page 94 of the Pubhc Records of Collier County, Florida; thence run S39°03'08"E along said Plat boundary for 962.76 feet; thence run S87°29'48"E for 1005.60 feet to the intersection with the East line of Section 32; thence run S02°34' 17"W along the Section line for 1912.10 feet to the Southeast comer of Section 32, also being the Northeast corner of Section 5, Township 51 South, Range 26 East; thence run N89°41'56"W along the North line of Section 5 for 1312.93 feet to the Northwest comer of the Northeast quarter of the Northeast quarter of said Section; thence run S01°I I'07"W along the West line of the Northeast quarter of the Northeast quarter of Section 5 for 1373.08 feet to the Southwest comer of the Northeast quarter of the Northeast quarter of Section 5; I-1 I~OOK 061PAG£ thence run S89°44'41"E along the South line of the Northeast quarter of the Northeast quarter of said Section for 1312.22 feet to the intersection with the East line of Section 5; thence run S01 ° 12'56'W along said East Section line for 2058.06 feet to the Southeast corner of the North half of the Northeast quarter of the Southeast quarter of Section 5; thence run N89°37'51#W along the South line of the North half of the Northeast quarter of the Southeast quarter of said Section fi~r 1311.12 feet to the Southwest corner of the North half of the Northeast quarter of the Southeast quarter; thence run S01 °1 l' IY'W for 682.35 feet to the Southeast comer of the Northwest quarter of the Southeast quarter of Section 5; thence run N89°28' 14"W along the South line of the Northwest quarter of the Southeast quarter of said Section for 1310.74 feet to the intersection with the North-South quarter line of Section 5; thence run N01°09'30"E along the said North-South quarter line for 4107.79 feet to the South quarter comer of Section 32; thence run N89°40'59"W along the South line of said Section for 2626.22 feet to the Southeast corner of Section 31; thence run N89°4Y00'W along the South line of said Section for 3793.20 feet; thence run N00°I9'54"E for 440.00 feet; thence run N89°43'00'W for 342.72 feet to the intersection with the original meander line, re-surveyed by the Bureau of Land Management (BLM) in 1967, described in OR Book 1143, pages 1325 through 1327 inclusive of the Public Records of Collier County, Florida; thence run along said meander line for the next seven (7) courses: I. NIS°04'54"E 565.40 feet 2. NI4°II'54#E 429.66 feet 3. N22028'54'B 599.28 feet 4. N00°04'54"B 428.34 feet 5. N'21 ° 13'06"W 598.62 feet 6./W39°31'06"W 456.62 feet 7. NSI°46'06"W 382.14 feet to the intersection with the West line of Section 31; thence run N00°I9'54"E 1516.78 feet to the Southwest comer of Section 30; thence run N00°I9'46"E along the West line of said Section for 2684.81 feet to the West Quarter comer of Section 30; thence continue along West line N00°21'IS"E for 2687.34 feet to the Point of Beginning, subject to easements, restrictions and reservations of record, containing 1500.26 acres more or less; Less and except the following described parcel: COMMENCE at the Northwest corner of Section 30, Township 50 South, Range 26 East, Collier County, Florida; and run S00°21'18"W along the West line of said Section 30 for 2687.34 feet to the West Quarter corner of said Section; thence run N87°13'07"E along the East- West Quarter line for 1958.63 feet to the intersection of the West line of the 110 foot Electrical Transmission Line easement recorded in O.R. Book 192, page 513 of the Public Records of Collier County, Florida and the POINT OF BEGINNING; thence run S01 °49'04"W along West line of said Transmission Line for 667.91 feet; thence run S87°17'50"W for 340.12 feet; thence run N00°13'12'E for 666.21 feet to the intersection with the East-West quarter line of said Section 30; thence run N87°13'07"E along the East-West quarter line for 358.80 feet to the Point of Beginning, subject to easements, restric- tions and reservations of Record, containing 5.34 acres more or less. I-2 1.3 PROPERTY OWNERSHIP: The subject property is currently under the ownership of Lely Development Corp., Investors Real Estate Southwest Corp., and Commercial Properties Southwest Corp. 1.4 SHORT TITLE: This Ordinance shall be known and cited as the 'Lely Lakes Planned Unit Development Ordinance." 1.5 GENERAL DESCRIPTION OF PROPERTY AREA: A. The project site is located in Sections 30, 31 and 32, Township 50 South, Range 26 East, and Section 5, Township 51 South, Range 26 East. Furthermore, the subject property is located south of East Tamiami Trail (U.S. 41), approximately one mile southeast of the intersection of East Tamiam, Trail and Rattlesnake Hammock Road. (See Vicinity Map on following page) B. The zoning classification of the subject property prior to the date of this approved PUD Document was A, Agriculture and A ST, Agriculture with a Special Treatment overlay. 1.6 PHYSICAL DESCRIPTION: The project site is located adjacent and to the souih of East Tamiami Trail (U.S. 41), approximately one mile southeast of the intersection of East Tamiami Trail and Rattlesnake Hammock Road. The project site lies in the 'Naples Manor Drainage Basin' of Collier County Water Management District No. 6., with ultimate surface drainage outfall into Rookery Bay via Sand Hill Bay. Existing elevations .range from +1.0' to +18' N.G.V.D. The water management system serving Lely Lakes PUD consists of approximately 106 acres of lakes and 124 acres of preserve areas which receive runoff from the residential areas, roads, and natural areas. Runoff is collected from the roads, commercial areas and residential areas by catch basin and culvert systems. Runoff from buffer and natural areas is directed over grassed areas to catch basin and culvert systems for conveyance to the preserve areas and lake system. The proposed surface water management system will meet the criterxa of Collier County Ordinance No. 90-10, and the South Florida Water Management District. The soils found within the project boundaries include: Basinger fine sand; Boca fine sand; Boca, Riviera, limestone substratum and Copeland fine sand, depre~ional; Immokalee fine sand; Jupiter Boca complex; Ochopee fine sandy loam; Oldsmar fine sand; Oldsmar fine sand, limestone substratum; Paola fine sand; Pennsucco soil; Chobee, Winder and Oator soils, depressional; Durbin and Wulfert Mucks; Ft. Drum and Malabar high, fine sand; Hilolo limestone substratum, Supiter and Margate soils; Holopaw and Okeelanta soils, depressional; Holopaw fine sand; Holopaw fine sand, limestone substratum; Pomello fine sand; Satellite fine sand; and Winder, Riviera, limestone substratum and Chobee soils, depressional. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Soils Conservation Service in January, 1990. I-3 [-- I -,' " ~,F,.,,, "-- : :'~' ."v/..~ ~..,-t-,-,,, ,,.~ ,, r !, ....... s "~' '=~" ,.~-.. I ~;. , ~ ~ ,m I~t t,w,.. -- p .............. f.f) 0 ~'" _ :',,-...,.-. " i:l. I. ......, SITE ,, \ ¢'/ ~,,,,. I [] F SOUTH ,,~X'~ -- !.. R 26 E VIC INITY MAP PR£PARF. D BY: MEANLY, ASH{~R & ASSOCIATE;S, P.A ~.' BASE; MAP SOURCE;: COLLIE;R COUNTY GROWTH PLANNING D£PARTkI£NT N.T.S '~" 061 '135 ':., :.: BOOK PAG[ ,.: 1.? PRO~ECT DESCRIPTION: The Lely Lakes PUD shall be primarily a single family residential development, with some opportumty for semi-attached two-family housing units, centered around diverse recreational amenity opportunities. The amenities proposed to be provided in the project include, but are no.t limit~ to a 27 hole golf course and related support facilities, structures ~aesignea to provide social and recreational space, lakes, natural and landscaped open spaces, and a wide variety of outdoor recreational opportunities. The development will also contain a small neighborhood commercial center designed to serve the commercial consumptive demand of the residents of the project. Each individual single-family lot or development parcel will be served with publicly provided utilities, including potable water, sanitary sewer and electricity. Also, additional services will be provided as deemed appropriate. Prior to commencement of construction of the residential development, the agricultural use of the property shall be allowed to continue as provided for in Sections II, III, V and IX of this document. SECTION I1 ~':"~ - PROJECT DEVELOPMENT ~ 2.1 PURPOSE: The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts and development parcels included in the project, as well as the project criteria for Lely Lakes. ~'/ 2.2 GENERAL: A. Regulations for development of Lely Lakes PUD 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 in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. B. Unless otherwise noted, the definitions of all terms shall be the same as the definitions 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 thc development of Lely Lakes PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development pertnitted by the approval of this petition will be subject to a concurrency review under the provisions of Division 3.15 of the Collier County La~d Development Code. E Interim agricultural land uses shall be permitted to continue prior to commencement of construction of development on lands used for agriculture. O. The golf course and related facilities shall be private, for the exclusive use of it's members or guests. Daily greens fee play and use of related facilities shall generally be available until the signing of the seven hundredth (700th) membership to the Lely Lakes golf club. Thereafter, daily greens fee play will be limited to property owners, clubmembers, and their guests, of the development. 2.3 PROJECT PLAN AND LAND USE TRACTS: ' :' A. The project Master Plan, including layout of streets and general ' '" depiction of land use, is iljustrated graphically by Exhibit "A", PUD Master Plan. The project Tract Map identifies approximate acreage and land use of the various tracts and development parcels, and is iljustrated graphically by Exhibit "B", PUD Tract Map. There shall be land use tracts, plus necessary water management lakes, street rights-of-way, the §eneral configuration of which is also iljustrated by Exhibit"A". Minor modification to all tracts, lakes or other boundaries and acreage may be permitted at the time of Preliminary or Final Subdivision Plat or Site Development Plan approval, subject to the provisions of Section 2.7.3.:5 of the Collier County Land Development Code. + TYPE UNITS / S.F. ACREAGE- TRACT aA" RESIDENTIAL 720 334 '~'' TRACT "B" BUFFER 0 5 i. TRACT "C" COMI~ERCIAL 0 1 ..~ TRACT "CR" COMMONS 0 522 ~",: TRACT "PR" PASSIVE REC. 0 9 TRACT "NA" NATURAL AREA Q 592 F.P. & L. EASEMENT/ OUTPARCEL 0 32 TOTALS 720 1495 B. Areas iljustrated as lakes by Exhibit "A" shall be constructed lakes or, '::~' upon approval, parts thereof may be constructed as shallow, dry depressions for water detention purposes. C. In addition to the various areas and specific items shown in Exhibit and Exhibit "B", such easements (utility, private, semi-public, common use, etc.) will be established within or along the various tracts as required. 2.4 MAXIMUM PROJECT DENSITY: A maximum of 720 residential dwelling units may be constructed in the total project area. The gross project area is approximately 1495 acres. The gross project density, therefore, will be a maximum of 0.48 units per acre. II-2 2.5 PROJECT PLAN APPROVAL REQUIREMENTS: A. Prior to the recording of a Subdivision Plat, and/or Condominium Plat for all or part of the PUD, final plans or all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance w,th thc PUD Master Plan, the County Land Development Code, all applicable elements of the Growth Management Ph'm and the platting laws of the State of Florida. 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 of the land shall be in comphance with the County Land Development Code, and the platting laws of the State of Florida. 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 issuance of a building permit or other development order. D. The development of any tract or parcel approved for residential development contemplatinl; fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with the reqmrements of Division 3.2 of the Collier County Land Development Code or prior to the submittal of construction plans and plat for any portion of the tract or parcel. Exception to this provision shall be granted if development proposed for a tract or parcel will comply with the provisions of Sub- sections 3.2.'7.4 or 3.2.7.5 from Collier County's Land Development Code. E. Appropriate instruments will bc provided at thc time of infrastructural improvements regarding any dedications and method for providing perpetual maintenance of common facilities. F. The golf course and related support facilities may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval of an Early Work Agr~ment by Collier County Development Services staff and the Board of Count~, Commissioners. Use of these facilities may not occur until the reqmred plat is recorded, all support infrastructure is completed, and preliminary acceptance for the improvements is granted by the Board of County Commissioners. 2.6 GENERAL DESCRIPTION OF RESIDENTIAL DBVELOPMENT: Areas designated for residential land uses on Exhibit "A" arc designed to accommodate a full range of single family residential dwelling types and customary accessory uses. Approximate acreages of all residential tracts have been indicated on Exhibit "A", and Exhibit "B", in order to indicate relative size and distribution of thc residential uses. These acreages are based on conceptual designs and must bc considered to be approximate. Actual acreages, configu~tions and densities of development tracts will be provided at the time of development plan approvaJ in accordance with Section 2.5 of .this PUD Document. II-3 061,, 139 2.7 GENERAL DESCRIPTION OF COMMERCIAL DEVELOPMENT: Areas designated for neighborhood commercial land uses on Exhibit 'A' and Exhibit "B" are designed to accommodate a full range of commercial land use opportunities and customary accessory uses. Approximate acreage of the neighborhood commercial tract has been indicated on Exhibit "A', and Exhibit "B", in order to indicate relative size and location of the commercial use. This acreage is based on conceptual designs and must be considered to be approximate. Actual acreage and configuration of the development tract will be provided at the time of development plan approval in accordance with Section 2.5 of this PUD Document. 2.8 DEDICATION AND MAINTENANCE OF COMMON FACILITIES: Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption of this Ordinance establishing the Lely Lakes PUD. A property owners organization shall be created and shall be assigned responsibility for operation, maintenance and management of all commonly owned lands, facilities and waters within the project. 2.9 MODEL HOMES: Model homes, and model home sales centers shall be permitted as provided for in Sub-section 2.6.33.5 from Collier County's Land Development Code. · . 061 140 II4 SECTION !I1 RESIDENTIAL DEVELOPMENT ~'~ · 3.1 PURPOSE: The purpose of this Section is to identify specific development standards for axe~s proposed to be developed with residential land us.es. This Section will set forth three development criteria which establish the means to improve msideatially designated lands with all of the various forms of single family and two-family product~. 3.2 MAXIMUM DWELLING UNITS: The maximum number of residential dwelling units allowed within the PUD shall be established at the time of development plan review, but shall not exceed 720 dwelling units. 3.3 USES PERMITTED: The type of principal use that characterizes the initial development of any platted tract shall be carried throughout the development of that entire tract. No building or structure, or part thereof, shall be altered or used, or land used, in whole of part, for other than the following: A. Principal Uses: 1) Single family housing. 2) Two family and duplex housing. 3) Model Homes (See Section 2.9 of this PUD document). 4) Cjuster Development, subject to the cjuster development requirements contained in Collier County's Land Development Code in effect at the time of Site Development Plan approval. The open space attendant to the application of cjuster housing is deemed satisfied by virtue of the open space provided over the entirety of the PUD. 5) Interim agricultural land uses prior to commencement of construction of development on lands used for agriculture. B. Accessory Uses: I) Customary accessory uses and structures including but not limited to private garages, tennis facilities and swimming pools with or without screened enclosures. 2) Utility facilities and, or easements (including rights-of-way easements). IIl-I ,00 ':" 3) Signage. : 4) Project sales and administrative offices, which may occur in 'i: ' residential or recreational buildings. 5) Water management facilities/lakes. 6) Development excavations as provided for by Collier County's excavation regulations (Collier County Land Development Code, Division 3.5). All lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.:5.7.3.1, however, removal of fill from Lely Lakes shall be limited in an amount up to 10% (to a maximum of 20,000 cubic yards), unless a commercial excavation permit is received. 3.4 DEVELOPMENT STANDARDS: A. GENERAL: At the time of application to Collier County for residential development orders, the applicant(s) shall identify which residential development standards set forth herein shall be conformed with. Except where noted, all criteria listed below shall be understood to be in relation to individual parcel or lot boundary lines or between buildings. Setback/yard requirements set forth below shall not apply to interior phase boundaries nor interior condominium/homeowner's association(s) boundaries. B. DEFINITIONS: SF-I: Typical, large lot detached single family development. SF-2: Detached/semi-attached alternative single/two-family development. SF-3: Cjuster housing. (See Section 3.5 of this document). C. MINIMUM LOT OR PARCEL AREA: 1) SF-I: 6,000 square feet per lot. 2) SF-2:4,000 square feet p. er lot; or 4,000 square feet per dwelling unit for a two-famdy structure. ,...:, 11I-2 D. MINIMUM LOT/PARCEL WIDTH: i"~ 1) SF~I: a) Comer Lots: Seventy (?0') feet. b) Interior Lots: Sixty (60') feet. 2) SF-2: Forly (40') feet per lot. E, MINIMUM YARD REQUIREMENTS: 1) SF-h Front yard: Twenty-five (2§') feet. Side yard: Seven and one half(7.5') feet. Rear yard: Twenty (20') feet. Accessory use/structure front yard: Same as principal structure. Accessory use/structure side yard: Same as principal structure. Accessory structures which are attached to the principal structure may have the same side yard setback as for principal structures. Accessory use/structure rear yard: Ten (10') feet*. 2) SF-2: Front yard: Twenty (20') feet. Side yard: Zero to five (0-5') feet, on the zero lot line side; a roof overhang not to exceed thirty (30') inches shall be allowed, subject to the recording of a three (3') foot easement. Rear yard: Fifteen 05') feet. Accessory use/structure front yard: Same as principal structure. Accessory (detached) use/structure, side and rear* yard: Five (5') feet. Accessory (attached) use/structure, side and rear* yard: Same as principal structure. Accessory structures which are attached to the principal structure may have the same side yard setback as for principal structures. Minimum distance between structures on different lots or parcels: Ten (10') feet. * - Rear Yard: A parcel or lot boundary which abuts a golf course or natural area identified for preservation: zero (0) feet, provided buffering required by South Florida Water Management District is accommodated. Where a lot or parcel abuts a lake: zero (0') feet may be allowed provided approval is obtained from Project Plan Review at the time of subdivision Construction Plans submittal. F. MINIMUM FLOOR AREA (SF-I and SF-2): 1) One story structures: One Thousand (1000) square feet.. 2) Two story structures: One Thousand Two Hundred (1,200) square feet. III-3' G. OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Collier County Land Development Code in effect at thc time of building permit application. H. MAXIMUM HEIGHT: :.~ 1) All principal structures: Thirty-five (35') feet from finished :~ floor elevation. 2) Accessory Structure: Fifteen (15') feet, except pool enclosures which may be twenty-five (25') feet. I. LANDSCAPING: Landscaping shall be in accordance with Collier County's landscaping requirements in effect at the time of building permit application. 3.5 CjustER DEVELOPMENT: Cjuster development (SF-3), may be developed on any residentially designated lands in the Lely Lakes PUD subject to the provisions of Sub-section 2.:5 C. of this document. Cjuster development standards shall be as set forth in Collier County's Land Development Code in effect at the time of Site Development Plan approval(s). The open space attendant to the application of cjuster- housing is deemed satisfied by virtue of the open space provided over the entirety of the PUD. A. GENERAL APPLICATION OF SETBACKS: Front yard setbacks shall comply with the following: 1) If the parcel is served by a public or private right-of-way, setback is measured 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 drive, setback is measured from the road easement or property line. 4) When principal buildings front upon a common parking area, which in turn fronts upon a pubhc or private right-of-way or non-platted drive, a minimum distance of ten (10') feet shall separate the principal building and any related parking facility, and a green belt often feet shall separate said right-of-way, or other non-platted private drive from the common parking area. This provtsion shall not prohibit the attachment of enclosed parking structures to the principal residential structure. 061 'I44 III-4 '~ 3.6 MAID/GUEST QUARTERS: i. i' Maid/guest quarters, with secondary kitchen facilities (ie: kitchenette), shall be permitted for SF-I, SF-2, and SF-3 development, subject to the following '~' restrictions, which shall be recorded as deed restrictions: A. A dwelling unit containing less than two thousand five hundred (2,500) square feet of livin{{ area shall be limited to one (1) primary kitchen. A dwelling unit containing two thousand five hundred (2,500) square feet of living area, or greater, may have a second primary kitchen provided all rooms are internally accessible. B. Maid/guest quarters shall only be occupied by the property owner, domestic employee of the property owner, or guest(s) of the property owner. C. Maid/guest quarters are not a separate dwelling unit, and therefore may not be sold, leased or rented, nor may any legal interest be transferred or conveyed in any way so as to separate said quarters from the . residential unit. RESIDENTIAL DEVELOPMENT STANDARDS TABLE I ~. DEVELOPMENT · 7~'~ STANDARDS SF-1 SF-2 MINIMUM LOT/ 6,000 SF .4,000 SF PARCEL AREA PER LOT PER LOT MINIMUM LOT 70'CORNER 40 FEET WIDTH 60 ' INT. PER LOT :.:~ FRONT YARD 25 FEET 20 FEET REQUIREMENT ~,.:.. SIDE YARD 7.5 FEET 0-5 FEET :. REQUIREMENT REAR YARD 20 FEET 15 FEET '~' REQUIREMENT .: .~ ACCESSORY % FRONT 25 FEET 20 FEET SIDE 7.5 FEET *0-5 FEET REAR *.10 FEET **5 FEET MINIMUM 1,000 SF i S~ORY FLOOR AREA 1,200 SF 2 STORY ~ DIST. BETWN. 15 FEET 5-10 FEET PRINC. STR. See 3.4.E.2) MAX. BLDG. 35' PRIN. 35' PRIN. :. HEIGHT **'15' ACC. **'15' ACC. NOTES:Cjuster housing (SF-3), development standards are set forth in Section 3.5. · Accessory structures which are structurally integrated with thc principal structure may have the same side yard setback as for ptineipal structures. · *Where a lot or parcel abuts a golf course: zero (0) feet. Where a lot or parcel abuts a natural area identified for preservation: zero (0) feet, provided buffeting required by South Florida Water Management District is accommodated. Where a lot or parcel abuts a lake: zero (0) feet may be allowed provided approval is obtained from Project Plan Review at the time of subdivision Construction Plans submittal. · ** Pool enclosures may be twenty-five (25') feet in height. O SF-2:4,000 square feet per lot; or 4,000 square fcct per dwelling unit for a two-family structure. III-6. SECTION IV COMMERCIAL DEVELOPMENT i~' 4.1 PURPOSE: The purpose of this Section is to identify specific development standards for the area proposed to be develop, ed with netghborhood commercial land uses (Tract "C"), as depicted on Exhibit "B", PUD Tract Map. In accordance with the Future Land Use Element of Collier County's Comprehensive Plan, no construction in the commercial designated area shall be allowed until 50% of the Building Permits for the development are issued, unless otherwise authorized by the Board of County Coz: missioners. 4.2 USES PERMFFI'ED: No building or structure, or part thereof, shall be altered or used, or land used, in whole of part, for other than the following uses, as identified in the Standard Industrial Classification Manual, or as otherwise provided for in this document. ;. ~'~' A. Principal Uae. a: ~.. 1) Accounting, Auditing and Bookkeeping Services (8721) 2) Apparel and Accessory Stores (groups 5611-5699) 3) Business Services (groups 7384, 7334, 7372 and 7389) 4) Child Day Care Services (8351) 5) Drug Stores and Proprietary Stores (5912) 6) Eating Places (5812 except contract feeding, food service (institutional), industrial feeding) 7) Food Stores (groups 5411 convenience food stores, with or without gas pumps, only, 5431 and 5441 except confectionery produced for direct sale on the premises, 5461) 8) Miscellaneous Retail (groups 5912, 5942, 5992-5994) 9) Personal Services (groups 7215, 7231-7241, 7291) : I0) Video Tape Rental (7841) 11) Retail sales from non-motorized mobile facilities (ie: kiosks). 12) Cjustered Neighborhood Commercial Development (See Section : 4.5). 13) Any other commercial use which is comparable in nature with the foregoing uses. IV-I B. Accessory Uses: i',:-' 1) Uses and structures that arc necessary and incidental to the aforementioned Principal Uses. 2) Utility facilities and, or easements (including rights-of-way ?,,. easements). :ilil,. ~ 3) Signage. 4) Water management facilities/lakes. 4.4 DEVELOPMENT STANDARDS: A. GENERAL: Except where noted, all criteria listed below shall be understood to be in relation to individual parcel boundary lines or between buildings. Retail sales from non-motorized mobile facilities (ie: kiosks), are exempt from this Section's development standards, but shall be located and operated within the boundaries of the commercial development tract. B. MINIMUM PARCEL AREA: Seven thousand five hundred (7,500) square feet. C. MINIMUM LOT/PARCEL WIDTH: Seventy-five (75') feet. D.MINIMUM YARD REQUIREMENTS: 1) Front yard: Twenty-five (25') feet. 2) Side yard: Zero (0), or fifteen (1:5') feet. 3) Rear yard: Fifteen (15') feet. 4) Any yard abutting a residential parcel: Twenty-five (25') feet. 5) Minimum distance between structures: Zero (0), or fifteen (15') feet. 6) Accessory structure: Same as principal structure. E. MINIMUM FLOOR AREA: Five hundred (500) square feet. E OFF-STREET PARKING AND LOADING REQUIREMENTS: As required by Collier County's Land Development Code in effect at the time of building permit application. IV-2 (3. MAXIMUM HEIGHT: ~:! 1) Principal Structures: Thirty-five (35') feet. ,:! 2) Accessory Structures: Fifteen (15') feet. ::~ H. LANDSCAPING AND BUFFERING: Unless otherwise specified in this Section, landscaping shall be in accordance with Collier County's landscaping requirements in effect at the time of building permit application. All commercial areas shall be buffered from abutting non-commercial lands with a five ($) foot wide area generally parallel to the entire length of abutting property. Said buffer shall have vegetative hedge plant material and, or fencing/wall (not to exceed six (6) feet), to achieve an 80% opaque condition, thirty-six (36) inches in height, one (1) year after installation. Existing native plant assemblages, on or off- site, shall be permitted to satisfy this requirement. It is not mandatory that the buffer yea be installed to abut parcel boundaries. I. REQUIRED LANDSCAPING ADJACENT TO VEHICULAR RIGHTS-OF-WAY: Landscaping adjacent to vehicular rights-of-way shall be in accordance with Collier County's Land Development Code in effect at the time of building permit application. J. REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING: Interior landscaping pertaining to vehicular use areas shall be in accordance with Collier County's Land Development Code in effect at the time of building permit application. K. VEHICULAR OVERHANG OF LANDSCAPED AREAS: The front of a vehicle may overhang any landscaped area a maximum of two (2) feet, provided the landscaped area is protected by motor vehicle wheel stops or curbing. Two (2) feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. L. SIGNS: As permitted by Collier County's sign regulations in effect at the time of building permit application. M. LIGHTING: Lighting shall be located so that no light is aimed directly toward a property designated residential, if lighting is located within two hundred (200') feet of residential property. Lighting shall be installed so that no light glares onto adjacent rights-of-way. 4.5 CjustERFD COMMERCIAL DEVELOPMENT: Modification to the development st~mdards provided for in Section 4.4 of this document may be approved by Collier County's Development Services Director, or his designee, as a function of approval of a Site Development Plan pursuant to the provtsions of Section 2.5 of this document, and Division 3.3 of the Collier County Land Development Code. Cjustered commercial projects maintaining a common architectural theme and providing ali of the information set forth in this Section, shall then be able to utilize the development standards as provided for in Subsection 4.6 of this document. A project shall have a common architectural theme provided all of the following are evidenced in the Site Development Plan application: A. The architectural style of all of the structures shall be similar in design and in the use of materials and color; B. The commercial project shall have a signature entranceway that serves to identify the entryway to a unified plan of development. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture, and ornamental pavement surfaces; C. A landscape theme throughout the entire project that enhances the unified appearance of the project; D. Street materials, signage and lighting shall be complementary and the same throughout the project's accessways. 4.6 CjustERED COMMERCIAL DEVELOPMENT STANDARDS: A. Any site development plan submitted to Collier County for a cjustered neighborhood commercial project shall adhere to the general development intent depicted in Figures 4-1 and 4-2. B. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. C. All buildings shall be setback a minimum of fifteen (15') feet from all parcel boundaries. D. Structures adjacent to one another shall be separated a minimum of ten (10') feet, or one half the sum of the building heights, which ever is greater. E. Minimum Off-Street Parking And Loading: One (1) space for each one hundred seventy-five (175) square feet of gross leasable floor area, and one (1) space for each five hundred (500) square feet of storage area not accessible to the general public. Handicapped parking shall be in accordance with Collier County's requirement at the time of site development plan approval. IV-4 ~:~ F. Landscaping and Buffering: .': Unless otherwise specified in this Section, landscaping shall be in accordance with Collier County's landscaping requirements in effect at the time of building permit application. All commercial areas shall be buffered from abutting non-commercial lands with a five (5) foot wide area generally parallel to the entire length of abutting property. Said buffer shall have vegetative hedge plant material and, or fencing/wall (not to exceed six (6) feet), to achieve an 80% opaque condition, thirty-six (:36) inches in height, one (1) year after installation. Existing native plant assemblages, on or off- site, shall be permitted to satisfy this reqmrement. It is not mandatory that the buffer area be installed to abut parcel boundaries. G. Required Landscaping Adjacent To Vehicular Rights-Of-Way: Landscaping adjacent to vehicular rights-of-way shall be in accordance with Collier County's Land Development Code in effect at the time of building permit application. H. Required Vehicular Use Area Interior Landscaping: Interior landscapinl~ pertaining to vehicular use areas shall be in accordance with Colher County's Land Development Code in effect at the time of building permit application. I. Vehicular Overhang Of Landscaped Areas: The front of a vehicle may overhang any landscaped area a maximum of two (2) feet, provided the landscaped area is protected by motor vehicle wheel stops or curbing. 'Two (2) feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. S. igns: As permitted by Collier County's sign regulations in effect at me time of building permit application. K. Lighting: Lighting shall be located so that no light is aimed directly toward a property designated residential, if lighting is located within !wo .h.u.ndred. (200') .feet. of residential property. Lighting shall be ~nstallecl so that no light glares onto adjacent rights-of-way. ~ ' IV-5 CjustERED NEIGHBORHOOD COM]~ERC[AL SKETCH FIGURE 4- ! 0 000 CjustERED NEIGHBORHOOD. CO~{]~ERCIAL CONCEPTUAL DESIGN FIGURE 4-2 8,00K IV-6 · SECTION v ~'" COMMONS/RECREATION AREA $. 1 PURPOSE: ..... · -...,..~ ..- ..~ ..... . .... 13:! . ~,:,- The purpose of this S~ction is to set forth the development plan and "'"' .,, development standards for the areas designated as Tract CR, ...... Commons/Recreation Area on Exhibit "B". The primary function and purpose -,~..~. 'of this Tract will be to provide access and aesthetically pleasing open areas, passive/active recreational areas,, and use areas intended to satisfy the .- ..... .-:-_ resident.basic:needs for a quality, recreational opportunity. Any recreational, social, administrati4e or maintenance facility which may be indicated on the PUD Master Plan, Exhibit "A", shall be considered conceptual, and the ~nlacement of such facilities within a "CR" Tract designation, as may be dicated on the PUD Master Plan shall be considered non-binding. Except in areas to be used for water impoundment, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and 5.2 USES PERMITTED: '.'":':,~ ....... '--'-----'lqo b~ilaing '6r-~"tru~:'tu~'~'oi· ~ tfiere0f, shall be eree'~ed, aliet-~d 'or u~d, '~r ......... .! land used, in whole or in part, for other than the following: A. Principal Uses: 1) Utility, water management'and fights-of-way/access easements*. 2) Golf courses and golf cart paths. 3) Tennis facilities. ~' 4) Lake recreation facilities. : 5) Equestrian facilities. 6) Structures which house social, recreational, project sales, administrative, or security facilities. '7) Lakes/water management facilities. 8) Signage. 9) Open Spaces I Nature Preserves. I0) Pedestrian and bicycle paths, or other similar facilities constructed for purposes of access to, or passage through the commons areas. 11) Small docks, piers or other such facilities constructed for purposes of lake recreation for residents of the project. ~.:'-', 12) Shuffleboard courts, swimming pools, and other types of facilities intended for outdoor recreation. 13) Development excavations as provided for by Collier County's excavation regulations (Collier County Land Development Code, Division 3.5). Ali lakes greater than two (2) acres may be excavated to the maximum commercial excavation depths set forth in Section 3.5.7.3.1, however, removal of fill from Lely Lakes shall be limited in an amount up to 10% (to a maximum of 20,000 cubic yards), unless a commercial excavation permit is received. 14) Interim agricultural land uses. * Although utility, water management and rights-of-way/access easements are not, by definition, principal uses, they shall function as such for the purposes of this subdistrict (C.R.). B. Accessory Uses: 7.. 1) Clubhouse, pro-shop, practice driving range and other customary accessory uses of golf courses. 2) Small establishments, including golf ecjuipment sales and rentals, restaurants, cocktail lounges, and s~milar uses, intended to serve members of the golf course or other permitted recreational facilities. 3) Customary accessory uses or structures incidental to recreational areas and, or facilities, including structures constructed for purposes of maintenance, storage, recreation or shelter with appropriate screening and landscaping. 4) One (I) caretaker's residence. 5) Accessory, incidental and subordinate commercial activities such as but not limited to those provided herein shall clearly be of such scope, size and proposed intensity that they are sustainabh: only by the membership of the golf course and clubhouse. A financial analysis showing the relationship between thc planned size of commercial activities and the ability " of the potential membership to sustain those facilities may be requested when it is unclear that said proposed commercial activities can be clearly supported on the basis of the subordinate and accessory relationship. 5.3 DEVELOPMENT REGULATIONS: A. Overall site design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. B. All buildings, accessory facilities and equipment shall be setback a minimum of fifty (50') feet from all platted residential lots/parcels, or project boundaries and fifteen (15') feet from all other parcel boundaries. C. Structures adjacent to one another shall be separated a minimum of ten ( 0 ) feet, or one half the sum of the budding heights, which ever ~s greater. D. Lighting facilities shall be arranged in a manner which will protect roadways and neighl~oring properties from direct glare, or other interference. E. A Site Development Plan shall be required in compliance with Division 3.3 of Collier County's Land Development Code. F. Maximum Str~cture Height: Fifty (50') feet. G. Minimum Off-Street Parking And Loading: 1) Private Golf Course: Four (4) spaces per hole. Additionally, one (1) space per 200 square feet shall be provided for office /lobby/pro-shop/health club/clubhouse/lounge/snack bar/ dining/meeting room areas. In addition, 50% of normal requirements for exterior recreation uses including: swimming pools, golf driving range and tennis courts shall be l~rovided. Golf cart, golf bag and equipment storage rooms; maintenance buildings; and rooms for mechanical equipment shall be computed at one (1) space per 1,000 square feet. 2) Recreation (non-golf course)/Administrative Areas: As required by Collier County's Land Development Code in effect at the time of building permit application. 3) Loading Areas: As required by Collier County's Land Development Code in effect at ttie time of building permit application. H. LANDSCAPING AND BUFFERING: Unless otherwise specified in this Section, landscaping shall be in accordance with Collier County's landscaping requirements in effect at the time of building permit application. Existing native plant assemblages shall be permitted to satisfy this requirement. It is not mandatory that the buffer area be installed to abut parcel boundaries. I. REQUIRED LANDSCAPING ADJACENT TO VEHICULAR RIGHTS-OF-WAY: Landscaping adjacent to vehicular rights-of-way shall be in accordance with Collier County's Land Development Code in effect at the time of building permit application. $. REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING: Interior landscapin~ pertaining to vehicular use areas shall be in accordance with Colher County's Land Development Code in effect at the time of building permit application. K. VEHICULAR OVERHANG OF LANDSCAPED AREAS: The front of a vehicle may overhang any landscaped area a maximum of two (2) feet, provided the landscaped area is protected by motor vehicle wheel slops or curbing. Two (2) feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. L. SIGNS: As permitted by Collier County's sign regulations in effect at the time of building permit application. M. LIGHTING: Lighting shall be located so that no light is aimed directly toward a property designated residential, if lighting is located within two hundred (200') feet of residential property. Lighting shall be installed so that no light glares onto adjacent rights, of-way. N. PRIMARY RECREATION FACILITY(lES) CARETAKER'S RESIDENCE: One (I) caretaker's residence shall be permitted for the primary golf recreation facility, subject to the following: 1) The reside;nee shall be constructed as an integral part of the main clubhouse facility and shall be entered from within the clubhouse facility. Exit~i requirc, d to comply with fire codes shall be permitted. 2) The caretaker's residence shall be an accessory use and shall be for the exclusive use of the property owner, tenant, or designated employee operating or maintaining the recreation use and, or it's facilities. 3) Off-street parking shall be as for a single family residence in accordance with Collier County.'s parking requirements in effect at the time of building permit application. Parking for the caretaker's residence shall be in addition to any other required parking facilities. V-4 SECTION VI PASSIVE RECREATION AREA <:~ ,. 6.1 PURPOSE: The purpose of this Section is to set forth the development plan for the areas designated as Tract 'PR", Passive Recreation Area on Exhibit "B". The primary purpose of this Tract is to accommodate a full range of conservation and limited passive rccreat!o~n and water management uses and functions. The objective of this designated use area is to delineate the passive recreational uses and provide an open space and passive recreational amenity for the enjoyment of Lely Lakes residents, while minimizing impacts to the wetlands areas and accommodating retention of some of the xeric scrub habitat. 6.2 PERMITTED USES/STRUCTURES: No structure, or part thereof, shall be erected, altered, or used, or land or water used in whole or in part, other than the following: A. Passive recreation,d areas, boardwalks, recreational shelters and self- contained restroom facilities, picnic facilities and other similar uses and functions. B. Biking, hiking, nature and equestrian trails, to be constructed so as to maintain a pervious surface. C. Boating for non-motorized water craft and water craft with electric motors only; including launching facilities. D. Water management facilities and structures to accommodate the drainage from the accessway parking, and passive recreational facilities to be the minimum permittable by South Florida Water Management District. E. Mitigation. areas, as approved and permitted by State and Federal permitting agencies. F. Limited vehicular accessway and parking subject to the Development Standards set forth in Subsection 6.3 of this document. G. An), other conservation and related open space/passive recreational activity or use which is comparable in nature with the foregoing uses and which is determined to be compatible in the Passive Recreation Area. VI-k DEVELOPMENT STANDARDS: A. The vehicular accessway and parking within the Passive Recreation Area shall be subject to the following standards: I) The accessway shall not be considered a road or right-of-way, as set forth in the Collier County Land Development Code, but rather is to be considered a private vehicular access for the residents of Lely Lakes. Collier County Staff shall also have access for enforcement/monitoring purposes of the surrounding natural areas. 2) The accessway shall be limited to one-lane where it crosses viable naturally functioning wetlands, and shall be widened, or provide pull-offs, in the upland areas to allow for two-way traffic. 3) Parking for boating activities, and other passive recreational activities, shall be on pervious surfaces such as mulch or grass. 4) The accessway cross-section shall be elevated where it crosses jurisdictional wetlands as required by Federal or State permitting agencies. 5) The accessway shall be designed and constructed so as to minimize it's impacts on the jurisdictional wetlands, consistent with providing limited access. B. The Passive Recreation Area shall be subject to a separate Site Development Plan review process because of it's unique nature, and that the accessway and associated parking .shall not be required to meet I.,and Development Code regulations gove_rning roads, fights-of-way, or parking. The following dimensional standards shall also apply: I) Minimum lot or parcel area - none required. 2) Minimum distance between shelters and other structures - Fifteen (115') feet. 3) Maximum height of shelters and other structures - Fifteen (115') feet. 4) Minimum floor area - none required. C. Standards for parking, landscaping and other land uses where such standards are not specified herein shall not be in accordance with the Collier County I.;md Development Code; in it's place, stead standards shall be determined during the Site Development Plan process, which minimize impacts on wetlands, xeric scrub areas, and the need for water management facilities. VI-2. 6.4 PASSIVE RECREATION AREA CONSERVATION EASEMENT AND DEED RESTRICTIONS A. A non-exclusive conservation easement or tract, as required by Collier County Land Dov¢lopment Code Subsection 3.2.8.4."/.3 shall be convoyed for those properti~ in the Passive Recreation Area that are to be mmntained as wetlands or xeric scrub proserves. Tho conservation easement or platted tract shall be subject to the conditions and criteria for such areas as set forth in S~ction 9, of this document. The Petitioner shall record covenants, conditions and restrictions for the Passive Recreation Area. Said covenants, conditions and restrictions shall include, but not bo limited to, restrictions which perpetually limit the utilization of the Passive Recreation Area as set forth herein, prohibit tho expansion of thc accessway or the use of thc recreational facilities, for the launching of motorized water craft, except as specifically set forth herein. Vl-3: · SECTION VII ~ NATURAL AREA ~ :: 7.1 PURPOSE: Thc purpose of this Section is to set forth the development plan for the areas d~ignated ~ Tract 'NA', Natural ^rea on Exhibit 'B'. The primary function and purpo,~ of this Tract will bo to pre. rye and protect native flora and fauna in it's natural state. 7.2 USES PERMITTED: l~levated boardwalks or golf cart paths, and drainage faciliti~, and or drainage access as may be required by the Collier County Water Management Department, may bo constructed in the vaxious natural areas for the purpose of movement between I~olf play areas, enjoyment of the natural amenities by the residents of the project, and for drainage, subject to receipt of appropriate SECTION Vlll BUFFER AREA ',~: 8.1 PURPOSE: . The purpose of thc Section is to set forth the development ~l,a.n for the areas .' designated ns Tract "B", Buffer Area on Exhibit "B'. Tract B , Buffer Area, is an easement intended to protect project land uses from possible impacts from adjacent land uses. Tract 'B', Buffer Area shall not be construed to be a pical tract which must be platted, although it may. The developer reserves ¢ right to include perimeter land use buffer areas in residential acreages. Although no structures other than those set forth in this Section may be located within buffer easements, buffer easements are permitted to be included in yard requirements set forth elsewhere in this document. 8.2 USES PERMITTED: No 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: I) Landscaped buffer; existing native vegetated areas may be utilized and, or; 2) Earthen beams and, or; ~'~' 3) Fences/walls: Nine (~') feet maximum height. :~"' 4) Signage. '- B. Accessory Uses: · 1) Water, sewer and drainage facilities as may be approved by the '!,;ii: .. Final Construction Plan. 8.3 DEVELOPMENT REGULATIONS: Land use buffering standards applied to the Lely Lakes P.U.D. shall be derived from Collier Country's Land Development Code based upon the land uses existing on lands off-site at the time of development order applications. The developer reserves the right to exceed the buffering standards prescribed by the Land Development Code. VIII-I ~i;, . SECTION IX 9. I PURPOSE: ~..' The purpose of this Section is to set forth the development commitments for ' ' ' the development of the project. 9.2 GENERAL: All facilities shall be constructed in strict accordance with Final Site Development Plans, Final Subdivision Plans, and all applicable State and local laws, codes and regulations applicable to this PUD in effect at the time of Building Permit application(s). Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Code shall apply to this project even if the land within the PUD is not to be platted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee shall agree to develop in accordance with Exhibit "A", PUD Master Plan, and the regulations of the PUD as adopted, and any other ~onditions or modifications as may be agreed to in the rezoning of the property. In addition, the Developer will agree to convey to any successor or asslg' nee in title, any commitments within this agreement. 9.3 PUD MASTER PLAN: A. Exhibit "A", PUD Master Plan iljustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent phase as may be approved at the time of final platting or site development plan application as provided by Sub-section 2.7.3.:5.6 of the County's Land Development Code. Subject to the provisions of Sub-section 2.7.3.5 of the County's Land Development Code, amendments may be made from time to time. B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. 9.4 SCHEDULE OF DEVELOPMENT: A development plan shall be submitted, where required, for any phase of development. The Developer will obtain approval for improvement ]plans or a development order for infrastructure improvements to include utihties, roads and similar improvements required by the approved PUD Master Plan for at least fifteen (15%) percent of the gross land area of the PUD site within five (5) years of the date of approval by the Board of County Commissioners, subject to the provisions of Section 9.5, below. The Developer reserves the right to develop portions of the project, non-sequential development of portions of the project, or the entire I~roject, as market demands change. Platting of the entire PUD will be required. Phases of development may include construction of residential, social or recreational facilities/structures, roadway or lake construction. Agricultural uses may continue on all or part of the project site until construction of the development removes all agricultural use opportunities. 9.5 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL: Sub-section 2.'7.3.4 of Collier County's Land Development Code shall be applicable to the Lely Lakes PUD Master Plan upon the effective date of this PUD Ordinance. ,': 9.6 ENGINEERING: A. This project shall be r~tuired to meet all County Ordinances in effect at ., the time final construction documents are submitted for development i;~ approval. 9.7 SUBSTITUTIONS TO DId. SIGN STANDARDS OF THE SUBDIVISION RF.,GULATIONS: Note: The Developer reserves the right to request additional substitutions (exceptions), to the design standards of the subdivision regulations during Preliminary Subdivision Plat review. A. Subsection 3.2.8.4.16.6; Dead End Streets: Cul-de-sacs in excess of one thousand (1000') feet shall be permitted. 9.8 UTILITIES: ..,. A. Water distribution, sewage collection and transmission and interim .. water and/or sewage treatment facilities to serve the proiect are to be designed, constructed, conveyed, owned and maintained ~n accordance with Collier County Ordinance No. 88-76, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. tx-2 061 ~).. C. The on-site water distribution system to serve the project must be connected to the District's water main consistent with the main sizing requirements specified in the County's Water Master Plan and extended throughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1) Dead end mains shall be eliminated by looping the internal pipeline network, or providing flushing hydrants. 2) Stubs for future system interconnection with adjacent properties shall be provided at locations to be mutually agreed to by the County and the Developer during the design phase of the project. D. The utility construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master pump station is transmitted by one (1) or two (2) main on-site pump stations. Due to the design and configuration of the master pump station, flow by gravity into the station will not be possible. The Developer's engineer shall meet with County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the County's sewer master plan. E. The existing off-site water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if n~, consistent with the County's Water Master Plan to ensure that the Dmriet's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. E 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 project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. G. No major sewage pumping and or lift stations shall be located within 300 feet of the Trail Acres residential subdivision. ~ 9.9 TRANSPORTATION: " A. A gatehouse/security facility may be provided within the project's entrance area(s), provided project roadways remain private, but shall not be located so as to impede traffic flow on U.S. 41, nor shall such facilities be located within the U.S. 41 Right-Of-Way. B. Road impact fees shall be as set forth in Ordinance 85-55, as amended, and shah be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. C. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, ,:,. Florida Statutes. D, The Developer shall be responsible for fair share contributions for ,.., intersection and signalization improvements at U.S. 41 and Rattlesnake :,'. Hammock Road (CR-864), U.S. 41 and CR/SR 951, and project entrances. E. The Lely Lakes development shall not use Southwest Boulevard as a construction access, nor shall Southwest Boulevard be utilized as a secondary ingress\egress point. Where the Lely Lakes spine road terminates at Southwest Boulevard, a cul-de-sac shall be installed. Provisions shall be made to said cul-de-sac to allow access for emergency vehicles to enter and exit the development. 9.10 WATER MANAGEMENT:. A. Detailed paving, grading and site drainage plans shall be submitted to Project Plan Review for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by Project Plan Review. B. A Development Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and SFWlVlD rules. All lakes greater than two (2) acres may be excavated to thc maximum commercial excavation depths set forth in Section 3.5.7.3.1, however, removal of fill from Lely Lakes shall be limited in an amount up to 10% (to a maximum of 20,000 cubic yards), unless a Commercial Excavation Permit is received. C. Should the South Florida Water Management District, or any other agency, during its review process reqmre significant changes to be made to the site plan and/or the water management facilities, Collier County reserves the right to re-review the project and have it heard by the Environmental Advisory Board. D. The dimensions of lakes will be approved at the time of excavation permit. E. This approval does not constitute agreement by the County to any control elevation, discharge rate or outside inflow rate. Ail agreements shall be made with South Florida Water Management District. .:. · IX4 ENVIRONMENTAL: A. If during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at thc location shall bc immediately stopped and Project Plan Review notified. Development will be suspended for a sufficient length of time, not to exceed sixty (60) days, to enable Project Plan Review, or a designated consult~mt to assess the find and determine the proper course o faction in regard to its salvageability. Project Plan Review will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. B. At the time of Preliminary Subdivision Plat submittal, the Petitioner shall submit further documentation, both qualitative and quantitative in nature, based on environmental principles and practices, which support the routing of thc north-south spine road to ensure that the location of the crossing of the major slough area and other naturally functioning wetlands is located and constructed so as to minimize wetland impacts, while acknowledging the need to address historic hydrological considerations. C. A conservation easement or platted tract is required pursuant to Collier County Land Development Code Section 3.2.9.2.6 for wetland preserve/conservation areas. The final construction plans/plat shall reflect the requirements of Collier County Land Development Code Section 3.2.8.4.?.3, containing protective criteria similar to those in §704.06(l)(a-h), Florida Statutes (1992). The preservation/conservation area(s) shall contain a minimum of 570 acres of wetlands/mitigation areas, the location and configuration of which shall be subject to Collier County Project Plan Review Staff approval. D. All proposed mitigation for impacts to Collier County jurisdictional wetlands shall comply with Appendix ? of the South Florida Water Management District Rules. Mitigation areas shall be surveyed and designated as preserve/conservation tracts or easements on the construction plans/plat pursuant to Sections 3.2.9.2.6 and 3.2.8.4.7.3 of the Collier County Land Development Code on the final plat, and contain protective criteria similar to those in §704.06(l)(a-h), Florida Statutes (1992). E. The applicant shall supply to Collier County Project Plan Review all applicable wildlife habitat management plans and/or permits, jurisdictional determinations, waivers, and/or information required by all applicable State and Federal agencies prior to an approval of a final development order. Design of the golf course layout, lakes, buildings and associated structures, and infrastructure shall be adjusted to comply with the requirements of all applicable State and Federal agencies. F. Lake pla~ment shall not impact the jurisdictional wetlands, unless the lake or lakes are permitted by the South Florida Water Management District to meet the minimum stormwater management requirements. (3. The Petitioner shall coordinate with Collier County Project Plan Review Environmental staff during the clearing plan process for the ? golf course to ensure that the maximum amount ut' native vegetation is ~f' retalned,National GolfC°nslstentAssociation.With golf course design parameters set forth by the ", H. Endangered plant species and those which may be observed during each development phase shall be protected from injury or relocated on site: The existing locations as well as the transplantation locations, il~ warranted, shall be identified on the site clearing plan for each phase of construction. ,',~' I. Xeric scrub and gopher tortoise habitat areas to be retained on-site shall be shown on the construction plans/plat as preserve/conservation tracts or easements pursuant to Collier Countl~'s Land Development Code. The applicant shall be entitled to mitigauon credit for wetland impacts_ for preserving/conserving xeric scrub areas. At the time o~- Prehminary'Subdivision Plat submittal for areas containing gopher tortoises or suitable gopher tortoise habitat, the applicant shall provide Collier County Project Plan Review Environmental staff with applicable permits and/or approved management plan from Florida Game and Fresh Water Fish Commission for review for consistency with Policy 7.3.:5 of the Conservation and Coastal Management ,,. Element of Collier County's Growth Management Plan and Division 3.11 of the Collier County Land Development Code. I. If the subject site is within the primary or secondary zone of protection as determined by Florida Game and Fresh Water Fish Commission using U.S. Fish and Wildlife Service Bald Eagle Management Guidelines, thc applicant shall submit to Collier County Project Plan Review Environmental staff a Bald Eagle Management/Protection Plan which has been approved by the Florida Game and Fresh Water Fish Commission prior to any Preliminary Subdivision Plat or Preliminary Site Development Plan approval for those lands within the primary or secondary protection zones. K. The Petitioner must obtain ali appropriate Slate al~provals for storing · and handlinl~ hazardous materials prior to construction plan approval of the golf maintenance facilities. Petroleum storage shall be in above ? ground storage facilities constructed and maintained in accordance with Environmental Protection Agency and Florida Department of Environmental Regulation standards. Prior to construction plan app. roval, the Petitioner shall submit to Project Plan Review staff for review and comment contingency plans approved by appropriate State and Federal agencies, where applicable, for clean up and mitigation of unauthorized release of hazardous materials. 9.12 ACCESSORY b'TRUCFURES: i =- Accessory structures may be constructed simultaneously with, or following the · ,.'. construction of the principal structures. IX-6 9.13 SIGNS: All signage shall be in accordance with Division 2.5 of thc County's Land Development Code in effect at the time of Site Development Plan approval, with the following exceptions: A. Two (2) ground, ,w,,all or gate project identification signs may be located at each entrance, to the development subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotional or sales material. 2) Any project identification sign(s) shall not exceed one hundred (100) .square feet, excluding mounting surface(s) or structure(s). Where signage is affixed or an integral part of a wall or fence, the face of sign(s) may protrude above the upper edge of the wall or fence but remains subject to height restrictions. 3) No project identification sign(s) shall exceed a height of eight (8') feet above the finished ground level of the sign site. 4) Project identification signs may be lighted, provided all lights ar.e.shielded in a manner which prevents direct glare into the v~s~on of motorists driving on adjacent roEdways, or into adjacent residences. B. One (1) ground or wall sign may be located at each of the project entrances on U.S. 41 for the purpose of promoting the development or any major use within the development, subject to the following requirements: 1) Any promotional sign(s) shall not exceed one hundred (I00) square feet, excluding mounting surface(s) or structure(s). 2) No promotional sign(s) shall exceed a height of ten (10') feet above the average finished ground level of the site. 3) Promotional signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. C. Residential directional or identification signs, no greater than six (6) square feet in size, and located internal to the development shall be permitted. Such signs shall only be used to identify the location, or direction of approved uses such as models or model centers, sales offices, information centers, recreation centers, or the individual components of the development. Directional or identification signs maintaining a common architectu,ral theme, may be combined into single sign(s) not to exceed eight (8) feet in height, and thirty-six (36) square feet in area. IX-7 " D. Two (2) ground, wall or gate internal project identification signs may !;': be located at each internal entrance to a residential or recreational . development area subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotion,d or sales material. 2) Any internal project identification sign(s) shall not exceed one hundred (100) square feet, excluding mounting surface(s) or structure(s). Where signa~:e is affixed or an integral part of a wall or fence, the face of sign(s) may protrude above the upper edge of the wall or fence but remains subject to height restrictions. 3) No internal project identification sign(s) shall exceed a hei ht of :?e.ht .(8') feet above the average finished ground level ogf the 4) Internal project identification signs may be lighted, provided all lights are shielded in a manner which prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. ~. 14 POLLING PLACES: Pursuant to Section 2.6.30 of the County's Land Development Code provision shall be made for the future use of building space within common areas for the purposes of accommodating the function of an electoral polling place. .., ~ND USS · .'.')q.w~''.'.' RESIDENTIAL DEVELOPMEI~I' 334 AC. ..,...............:.: co~o~s/~c~z~o~ s~z ~c. P~SStVg ~zc,~;;o, · Ac. :.[.:.:.:.:.:.:.:.:.:, ~.~ ,p . . , . . ~ND USE BUFFER .'. ~.P.~ ~ EASEMENT 3~ AC. ~ ~ TOTA~ J,49~ oo E,\'IiIBIT "A" ,oo,~ 061.~170 .~.~.:.~,~;,:.~.~.~.:.:.: '..'." .~.~ .... ':. :. :. o :*". ..... TRAC~ LAND USE SUMMARY ACREAGE :::::::::::::::::::~ TRA= '~'~,~.~ ~~ ~' ~. TRACT 'B' BUFFER EASE~BNT ~ AC. · ................~.' TRA~ '~ P.U.D. COMMERCIAL I AC, TRA~ 'CR" COMMONS/RECREATION AREA T~CT 'PR" PASSIVE RECREATION AREA 9 AC. TRA~ 'NA" NATURAL AREA 5~2 AC, F.P. & ~ EASEMENT 3R AC. TOTAL 1,495 AC. LEGEND ~r~ TRAC~.C~ TRACT'CR' TRACT 'PR' TRAC~'NA' oo LELY LAICES P.U.D. TRACT ]dAP .'.~'~.~.'.'.' . ~.'..'..~;,4..'..'.. ~ L~LY DEVELOPltEJ~I~ COI~PORATtON INYESTOR'$ REAL ~.~TATE $OUTIIIrIL~ CORPOR4TION k COM~iERCEAL PROPERTIES SO~I~ CORPO~TtON ~eA~LY, ~IIER & A~IAT~. P.A, ~E MAP fl~ ~Y: . ~JL J~S EXHIBIT "~" ' i STATE OF FLORIDA '~. COUNTY OF COLLIER ) ..~"~:~; I, DWIGHT E. BROCK, Clerk of Courts in and for the "; Twen~:teth Sudtctal Circuit, Collier County, Florida, do ~' hereby certify that the foregoing ts a true copy of: Ordinance No. 93-32 which was adopted b~ the Board of County Co~ss~oners on the 8th day of J~e, 1993, during Re~lar Session. WITNESS my h~d ~d the off~cial seal of the Board of Cowry Co~es~oners of Collier County, Florida, th~e 15~h day of J~e, 1993. ' Clerk of Courts and Clef Ex-off,cio to Board of'.~.."