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Ordinance 93-83 ORDINANCE 93- 83 Clerk OtSo~r(! AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WHICH INCLUDES THE COHPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY AMENDING THE OFFICIAL ZONING ATLAS MAP(S) NUMBERED 9631N AND 9631S BY CHANGING THE ZONING CLASSIFICATION OF THE XEREIN DESCRIBED REAL PROPERTY FROM "PUD" TO "PUD" PLANNED UNIT DEVELOPMENT KNOWN AS BRIARWOOD PUD, FOR PROPERTY LOCATED ONE (1) MILE EAST OF AIRPORT ROAD (CR-31) ON THE NORTH SIDE OF RADIO ROAD (CR-856), '. IN SECTION 31, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 209.17 ACRES; PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 89-36, AS AMENDED, THE FORMER BRIARWOOD PUD; AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS, Robert L. Duane of Hole, Montes and Associates, Inc., representing McAlpine (Briarwood), Inc. and Republic Development Corporation of Ohio, 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 COMMISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real property located in Section 31, Township 49 South, Range 26 East, Collier County, Florida, is changed from "PUD" to "PUD" Planned Unit Development in accordance with the PUD Document, attached hereto as Exhibit "A" which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Map(S) Numbered 9631N and 9631S, as described in Ordinance Number 9~-102, the Collier County Land Development Code, are hereby amended accordingly. ' SECTION TWO: Ordinance Number 89-36, as amended, known as the Briarwood PUD, adopted on June 13, 1989 by the Board of County Commissioners of Collier County is hereby repealed in its entirety. This Ordinance shall become effective upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED A/~D DULY ADOPTED by the Board of County /~.i': Commissioners of Collier County, Florida, this day of ~ '. ~~, 1993. ~TEST: ..... ~., BOARD OF COUNTY COM~ISSIONERS DWIGHT:E;.' B, R0~K,' CLERK COLLIER COUNTY, FLORIDA ~'; ~, .. . . ... . : '. ~' "t'~'/' ' . ~<' ~ '7 - '~ BURT L. SAUNDERS, CHAIRMAN ~.t<~ *..i...~..". ,,%'~ ..~. '. ~RIE M.: S~D~T ~ o~tate% Offlc~t~ '.: ASsIST~ Co~Y A~O~Y ~d~ of~ ~ : ,. ~ acknowledgement of t~t .~t ' FOR BRIARWOOD PLANNED UNIT DEVELOPMENT SECTION 31 TOWNSHIP 49 SOUTH, RANGE 26 EAST COLLIER COUNTY, FLORIDA ENGINEERS: HOLE, MONTES ANB ASSOCIATES, INC. AMENDMENT PETITION Ii- FILING DATE - NOVEMBER, 1975 - CCPC APPROVAL - MARC}{, 1976 - May 18. 1989 BCC APPROVAL - MAY 18, 1976 - June 13. 1989 ORDINANCE NO. - 76-22 - 89-36 "" Revised 6/7/89 ~.:.: Revtsad -/7/93 BRIARWOOD PUD STATEMENT OF COMPLIANCE The development of approximately 209.17 acres of property in Collier County, as a Planned Unit Development known as BRIARWOOD, is in compliance with the goals, objectives and policies of Collier County as set forth in the Growth Management Plan. The commercial, 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 Project 1. The subject property is within the Urban Residential land use designation as identified on the Future Land Use Map as required in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land Use Element. 2. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as required in Objective 2 of the Future Land Use Element. 3. The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. 4. Future improvements are planned to be in compliance with all current and applicable land development regulations as set forth in the Growth Management Plan and amendments thereto. 5. The project development results in an efficient and economical extension of community facilities and services as required in Policies 3.1H and L of the Future Land Use Element. 6. The project development incorporates a natural system for water management in accordance with their natural functions and capabilities as required by Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. 7. The maximum density is less than 2.85 dwelling units per acre and is in compliance with the Density Rating System of the Future Land Use Element of the Growth Management Plan. 8. The project includes extensive open space and incorporates natural features to provide a high quality of life for its residents. Commercial Project ~' 1. The commercial portion of the project has been determined to be consistent with Policy 5.10 of the Future Land Use Element by virtue of the fact that an exemption was approved by the Collier County Board of Commissioners pursuant to the Zoning i~ Re-Evaluation Program. SHORT TITLE Th~e Ordinance shall be known and cited as the BRIARWOOD Planned Unit Development Ordinance. Index STATEMENT OF COMPLIANCE LIST OF EXHIBITS ~Ro~-R~ o~'s~sx~i~ ~D DZSC~I~IO~ S~CTIO. I PR CT DEVELOPMENT SECTION II TRaCT SF.' SINGLE FJ~ILY RESIDENTIAL DE~LOI:~ENT SECTION III TRACT A: MULTI-FAMILY RESIDENTIAL DEVELOPMENT SECTION IV TRACTS D & E: RECREATION AND CONSERVATION SECTION V TRACTS B & C: COMMUNITY COMMERCIAL SECTION VI DEVELO~NT ST~DJ~BS SECTION VII LANDSCAPE DEVELOPMENT SECTION VIII LIST OF EXHIBITS EXHIBIT A BRIARWOOD Developmen~ PUD Master Plan SECTION I PROPERTY OWNERSHIP AND DESCRIPTION The purpose of this Section is to delineate the location and ownership of the Subject Property and to describe the existing conditionsDf the property proposed to be developed under the project name BRIARWOOD. 1.2 LEGAL DESCRIPTION The Subject Property is described as: The West % of the West %; and the Southeast ~ of the Northwest ~; and the Southeast % of the Southwest %, less that portion conveyed by Deed dated August 17, 1971 and recorded September 2, 1971 in O.R. Book 413, Page 212, Public Records of Collier County, Florida; and less that portion deeded for State and Road Right-of-Way, with parcels being situate and lying in Section 31, Township 49 South, Range 26 East; Collier County, Florida, consisting of 209.17 acres, more or less, being subject to restrictions and reservations of record. The Briarwood PUD no longer includes the following parcel: A parcel of land located in the Southwest % of Section 31, Township 49 South, Range 26 East, Collier County, Florida, being more particularly described as follows: Begin at the Northeast corner of Tract D-2 of BRIARWOOD Unit One according to the Plat thereof recorded in Plat Book 18, at Pages 40 through 42 of the Public Records of Collier County, Florida; thence run North 88'07'03" East, along the South line of the Northeast % of the Southwest % of Section 31, Township 49 South, Range 26 East, for a distance of 999.79 feet to a point on the East line of the West ~ of said Section 31; thence run South 00'08'22" West along the East line of the West % of said Section 31 for a distance of 51.66 feet; thence run South 87'47'50" West for a distance of 1,000.00 feet to a point on the Easterly boundary of said BRIARWOOD Unit One; thence run North 00'08'22" East along the Easterly boundary of said BRIARWOOD Unit One, for a distance of 57.25 feet to the POINT OF BEGINNING, containing 1.249 acres, more or less. Subject to easements, reservations or restrictions of record. 1.3 PROPERTY OWNERSHIP The Subject Property is owned by McAlpine (BRIARWOOD), Inc., a Florida corporation, and Republic Development Corporation, a corporation of Ohio. ~,. 1.4 GENERAL DESCRIPTION OF PROPERTY AREA ~,/ A. The general location of the Subject Property, the current ~'~ zoning classifications of the surrounding properties and nearby land developments are iljustrated by Exhibit "B". B. The project site contains ~209.17 acres and is located in . the West % of Section 31, Township 19 South, Range 26 East, which is approximately one (1) mile east of Airport Road and situated between Radio Road and Golden Gate canal. While it is bounded by Radio Road on the South and Golden Gate canal on the North, the Eastern boundary is provided by a high voltage transmission line belonging to Florida Power and Light Company and the Western boundary is the proposed Livingston Road right-of-way. C. The current zoning classification of the Subject Property is Planned Unit Development (P.U.D.). The property is with the Collier County Water-Sewer District and Collier County Water Management District 1. ~ 1.5 PHYSICAL DESCRIPTION .: The project is located within Water Management District No. 1 i[ and most of the area is within the drainage basin of the !:, Golden Gate Canal. Water management for the proposed project is planned to be of the lake retention type. Elevations within the project site are approximately nine (9) feet above sea level. ;'. The soil types on the site are approximately ninety-five percent (95%) Arzell Fine Sand and five percent (5%) Broward Fine Sand. The depth to bedrock in the area varies from five (5) feet to fifteen (15) feet below natural ground surface. Soil characteristics were derived from the soil survey of Collier County, Florida, issued by the U.S. Department of Agriculture in March, 1954. The site is a typical pine-cypress woodland with the following existing vegetation: ? Slash Pine (Pinus elliotti) l Pond Cypress (Taxodium ascendens) scattered; Saw palmetto (Serenoa repens) often '~i growing in large defined masses; Dahoon holly (Ilex . cassine) scattered; Cocoplum (Chrysobalanus icaco) scattered; Wax Myrtle (Myrica cerifera) scattered; Melaleuca (Lalaleuca leucandendra) mature trees with isolated dense to scattered strands of second generation growth. In addition, there exists an Oak-palm hammock (defined on Exhibit H) of predominantly Quercus species and cabbage palms (Sabal palmetto). SECTION II PROJECT DEVELOPMENT 2.1 PUI~POSE 'The purpose of this Section is to delineate and generally describe the project plan of development, the respective land uses of the tracts included in the project, as well as the project criteria for BRIARWOOD. 2.2 GENERAL A. Regulations for development of BRIARWOOD 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. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in Collier County Land Development Code. 2.3 PROJECT PLAN AND LAND USE TRACTS A. The project plot plan, in¢luding layout of streets and '~i. land use of the various tracts, is iljustrated graphically by Exhibit "A", BRIARWOOD Development Plan. There shall be ten (10) land uses, the configuration of " which is also iljustrated by Exhibit "A". 1. Tract SF: Single-Family Residential 89.70 acres 2. Tract A: Multi-Family Residential 18.30 acres 3. Tract B & C: Community Commercial 15.99 acres 4. Tract D: Recreation Area 3.00 acres 5. Tract E: Conservation Areas 7.00 acres 6. Lake Area 31.00 acres 7. Right-of-way 27.00 acres 8. Future Livingston Road Right-of-way 11.80 acres 9. FPL Easement 2.80 acres 10. Open Space/Buffer 2.58 acres ~'; Total 209.17 acres ¢? B. Areas iljustrated as lakes by Exhibit "A" shall bm constructed lakes, or upon approval, parts thereof may be constructed as shallow, intermittent wet and dry ~ depressions for water retention purposes. Such areas, lakes and intermittent wet and dry areas shall be designed for rain storms of twenty-five (25) year frequency and shall be in the same general configuration and contain the same general acreage as shown on Exhibit 2 - 1 "A". The lakes and interconnecting drainage swales shall be dedicated to Collier County to ensure their continued availability. The maintenance of the lakes and interconnecting drainage swales within Tract E shall be the responsibility of the owner of Tract E. 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. D. Fill material from the project may be sold for off-site uses, 2.4 N~IMUM PROJECT DENSITY No more than a maximum of 600 residential dwelling units, single and multi-family, shall be constructed in the total project area. The gross project area is 209.17 acres. The gross project density, therefore, will be a maximum of 2.87 units per acre. 2.5 PROJECT PLAN APPROVAL REQUIREMENTS The anticipated development schedule for the entire BRIA/~WOOD project is set forth by Exhibit "F" of this document. Exhibit "A" (BRIARWOOD Development Plan) constitutes the PUD Development Plan and the Preliminary Subdivision Plat or Subdivision Master Plan, provided that supplemental information required by subdivision regulations, not indicated on the PUD Master Plan, shall be submitted to Project Review Services for administrative review and approval prior to the submission of detailed construction plans for building permits. A. The developer of any tract must submit a Conceptual Site Plan for the entire tract prior to final Site Development Plan submittal for any portion of the tract. The developer may choose not to submit a Conceptual Site Plan if a Site Development Plan is submitted and approved for the entire tract. B. The developer of any tract must submit, prior to or at the same time of application for a building permit, a detailed site Development Plan for his tract or parcel in conformance with the Division 3.3 - Site Development Plans of the Collier County Land Development Code. This plan shall also show the location and size of access to any tract that does not abut a public street. 2 - 2 .i~ C. In the event that any established tract as identified on ~ the approved PUD Master Plan is proposed to be further divided in a manner that does not affect the approved infrastructure, increase the number of dwelling units, increase density, change the dwelling type or change permitted uses within the tract, the developer shall submit a revised PUD Master Plan indicating the division of the established tract prior to the submittal cf a Site Development Plan for the development of such a tract. The revised PUD Master Plan shall be submitted to the Planning-Zoning Director for review and approval. D. Final Site Development Plan approval shall follow the procedure as required by Division 3.3 - Site Development Plans of the Collier County Development Code. E. Model homes shall be permitted within this project subject to the following provisions: (1) Models may be allowed to be constructed prior to the recording of plats for BRIARWOOD PUD. This may be permitted only so long as no C.O.'s are granted prior to plat approval and provided that a conceptual site plan, in accordance with Section 2.6.A. above is approved prior to building permit approval. " (2) Models may be permitted as "dry models" without :' temporary utility systems prior to availability of central utility systems. The sales office model can be temporarily connected to a septic tank and well meeting the requirements of Florida Administrative Code 10D-6. This model center septic tank use is limited to one year unless otherwise approved. The septic tank installation shall comply with the requirements of the Collier County Health Department. The septic tank and well use shall be discontinued when the central utility system is completed. (3) Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. ~ (4) Temporary access and utility easements may be provided in lieu of dedicated right-of-ways for ~ ingress, egress and utility service to model homes. 2 - 3 (5) site plan(s) shall be submitted at the time of building permit application which contain the information required under Section 2.6.A. above. (6) Sales, marketing, and administrative functions are permitted to occur in designated model homes within the project. (7) Temporary uses such as construction and sales trailers shall be permitted subject to Section 2.6.3.3 - Temporary Use Permits of the Collier County Land Development Code. 2.7 LAKE SITING As depicted on the Master Land Plan (Exhibit A), lakes and natural retention areas have been sited adjacent to existing and planned roadways and throughout the project. The goals of this are to achieve an overall aesthetic character for project, to permit optimum use of the land, and to increase the efficiency of the water management network. Accordingly, the eetback requirements described in Division 3.5 - Excavation, of the Collier County Land Development Code, may be reduced with the approval of the County Engineer. Fill material from lakes is planned to be utilized within the project, however, excess fill material may be utilized offsite, subject to the provisions of the Collier County Land Development Code in effect at the time permits are sought. Final lake area determination shall be in accordance with the South Florida Water Management District stormwater criteria. SECTION III TRACT SF - PARCELS I THROUGH 10 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 SF, Single Family Residential, which has been designed specifically for the placement of homes for residential occupancy upon lots which are owned by the residents thereon. 3.2 MAXIMIrM DWELLING UNITS A maximum number of 395 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 used, or land used, in whole or part, for other than the following: A. Principal Uses: Single Family Residences. B. Accessory Uses: (1) Accessory uses and structures customarily associated with homes development, such as recreation facilities, service buildings, utilities and private garages. (2) Signs as permitted by County Ordinance. 3.4 REGULATIONS 3.4.1 General: All yards, set-backs, etc. shall be in relation to the individual parcel boundaries 3.4.2 Minimum Lot Area: 6,000 square feet. 3.4.3 Minimum Lot Width: 60 feet average between front and rear lot lines. 3.4.4 Minimum Yards= A. Front Yard - 25 feet. B. Side Yard - 5 feet. C. Rear Yard - 10 feet. D. All yards abutting a street shall 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. 3.4.5 Minimum Floor Area: 1,000 square feet of living area exclusive of patio and garage. 3.4.6 Off-Street Parking Requirements~ Two parking spaces shall be required for each dwelling unit, both of which shall be located within the permitted building area. 3.4.7 Maximum Height: Thirty (30) feet above finished grade of lot. Accessory buildings limited to twenty (20) feet above finished grade of lot. ~i" ' SECTION IV '?. TRACT AC MULTI-FAMILY RESIDENTIAL DEVELOPMENT PARCELS i AND 2 4.1 PURPOSE The purpose of this Section is to indicate the development plan and regulations for the areas designated on Exhibit as Tract A, Multi-Family Residential. Prior to the issuance of any building permit, detailed architectural plans shall be submitted to the proper County agencies for review and approval as to conformity with the Development Plan and PUD document. ?, 4.2 MAXIMUM DWELLING UNITS ~ A maximum number of 205 dwelling units may be constructed on · this tract. : ~.. 4.3 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, f~r other than the following: ".. A. Principal Uses= '~.~ (1) Multi-Family Resi~ences. B. Accessory Usesc (1) Accessory uses and structures, inclu~ing private ';,!: garages. -~:: (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. (3) Signs as permitted by County Ordinance. 4 - i 4.4.1 Minimum Yards: A. Radio Road Frontage - Seventy (?0) feet measured from the North boundary of Radio Road right-of-way as existing on January 1, 1975. Such yards may be used for parking, carports, and landscaping, except that in no instance may land be devoted to vehicular use within fifteen (15) feet of the future planned right- of-way for Radio Road. B.Dedicated Street Boundaries (other than Radio Road) - Thirty-five (35) feet. C. Tract Soundaries that are not Dedicated Street Boundaries - Twenty-five (25) feet~ pool or any screened enclosure may be reduced to fifteen (15) feet. 4.4.2 Distance Between Structures: There shall be a minimum separation between structures of thirty (30) feet, or one-half (%} the sum of the adjoining building heights, whichever is greater. In instances where there shall be structures on opposite sides of the same multi- family tract, and these structures are separated by a through accessway, a minimum of twenty (20) feet plus one-half (%} the height of the structure. 4.4.3 Minimum Floor Area: Each residential unit shall have a minimum floor area of 750 square feet. 4.4.4 Maximum Height: Four (4) floors of living area, with option of having one (1) floor of parking beneath the living 4.5 PARKING AND ACCESS REQUIREMENTS 4.5.1 General Requirements and Specifications: Each off-street parking space shall be at least nine (9) feet in width and eighteen (18) feet in length and shall be so arranged that no automobile shall have to back into any dedicated street. Each space shall be accessible from an access drive which interconnects to a public right-of-way. All 4 - 2 off-street parking facilities, including aisles, driveways and maneuvering areas, shall be surfaced with a hard, dustless material. All off-street parking facilities shall be suitably sloped and drained so as not to cause any nuisance to adjacent or public property. Access drives shall have a minimum pavement width of twenty-four (24) feet wherever there is parking along their edge. Otherwise, minimum pavement width of access drives shall be twenty (20) feet. 4.5.2 Location= Parking spaces required for buildings within a tract shall be located within said tract and shall be located on the same side of the access drive as the building being served. 4.5.3 Requirements: Parking Spaces - Two (2) parking spaces per residential unit. Twenty-five percent (25%) of the required spaces may be preserved as green space and improved as parking as future demand requires. 4.6 ACCESS TO RADIO ROAD One access drive shall be permitted to connect Tracts A and SF to Radio Road, and another access drive shall be permitted to connect Tracts A and SF to future Livingston Road. One access drive shall be permitted to connect Tracts B and C to Radio Road and another access drive shall be permitted to connect Tracts B and C to future Livingston Road. SECTION V TRACTS D AND E RECREATION AND CONSERVATION 5.1 PURPOSE The purpose of this Section is to indicate the Development Plan and regulations for the area designated on Exhibit #A" as Tracts D and E. Tract E, Parcels 1-3 shall remain as natural open space. Tract D, Parcel I of 2 shall be a recreational area and Tract D, Parcel 2 of 2 is temporary green space and shall be dedicated to the County for extension of Livingston Road when funding is in place for extension of Livingston Road. Applicant has agreed to dedicate one hundred (100) feet for the extension of Livingston Road and twenty-five (25) feet for the widening of Radio Road along its west and south boundaries, respectively, at no cost to the County. 5.2 NATURAL OPEN SPACE Tract E, Parcels I - 3, shall remain as conservation area. If Tract D remain as natural open space, the following regulations shall apply. A. Permitted Uses NO building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: (1) Natural Open Space. (2) Water management facilities such as lakes, swales, control structures and pumping stations. (3) Central water treatment facilities in accordance with all applicable State and County regulations. (4) Recreational facilities (Tract D, Parcel i of 2 only). B. Maximum Height Twenty (20) feet above the finished grade of the surrounding land. 5 - 1 ,00K 064 PA 118 SECTION VI TRACT B & C: COMMUNITY COMMERCIAL 6.1 PURPOSE The purpose of this Section is to set forth the plan and regtllations for the areas designated on Exhibit "An as Tract B & C: Community Commercial. 6.2 USES PERMITTED No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole or in part, for other than the following: A. Principal Uses: (1) Restaurants - No drive-ins. (2) Cocktail lounges and retail package sales of liquors and other beverages, no drive-ins, s~bJect to the provisions of the Collie= County Land I~velopment Code. (3) Retail shops, shopping centers and stores. Retail shops, shopping centers and stores may include incidental processing and repair activities, provided they are accessory and subordinate to the retail sales use, and provided that all storage, processing and repair of merchandise occurs within the principal building except that such uses as garden shops may be outside but within a totally fenced area connected to the principal building. (4) Financial institutions. (5) Professional, business, financial, utilities offices and services. (6) Medical offices and clinics - for humans. (7) Barber and beauty shops. (8) Shoe repair shops. (10) Laundry and dry cleaning pickup establishments and self-service laundry. (.11) Retail bakeries. "~ (12) Tailoring, millinery, garment alteration and :~ repair. (13) Museums, B, ACCESSORY USES: (1) Accessory uses and structures customarily associated with the uses permitted in this district. ~ " (2) Signs as permitted by County Ordinance. C. CONDITIONAL USES: The property may be used for the following conditional uses subject to Section 2.7.4, Conditional Use Procedures of the Collier County Land Development Code: (1) Transient lodging facilities with a minimum of twenty (20) dwelling units. (2) Schools and Colleges. ,. (3) Private Clubs, subject to the provisions of the Collier County Land Development Code. (4) Motion picture theaters and live theaters - no drive-ins. (5) Commercial and private parking lots and parking garages. (6) Service Station, subject to the provisions of the Collier County Land Development Code. 6.3 REGULATIONS '~ 6.3.1 Minimum Lot Area: None 6.3.2 ~inimum Lot Width: None 6.3.3 Minimum Yards: A. Radio Road Frontage - twenty-five (25) feet ~;. measured from the North boundary of Radio Road right-of-way which shall be the Radio Road right-of-way as of January 1, 1975, along with the twenty-five (25) feet set aside in this Ordinance. Such yard shall not be used for permanent structures and the first fifteen (15) feet north of the new right-of-way shall be a landscaped green belt. · 6 - 2 .. B. Tract boundary lines and dedicated roads other .~ .... than Radio Road - twenty-five (25) feet, [no · parking shall be allowed nor any merchandise stored or displayed in the outer fifteen (15) .,. feet]. ~:. C. Separation between structures - one-half " of the sum of the heights of the structures. 6.3.4 Minimum Floor Area: 1,000 square feet per building on the ground floor. 6.3.5 Maximum Height: 30 feet above finished grade. . 6.3.6 Maximum Floor Area: twenty percent (20%) of Commercial land area. ~i!' 6.4 MINIMUM OFF-STREET PARKING AND OFF-STREET LOADING Off-street parking and off-street loading shall conform to the requirements of the Collier County Land Development Code. 6.5 FUTURE RIGHT-OF-WAY REQUIREMENTS A parcel of land parallel to Radio Road - twenty-five (25) feet in width shall remain as an unused part of Tracts B and C so that it may become a part of any future expansion of Radio Road. " The additional right-of-way (twenty-five (25) feet along Radio ~ Road) will be dedicated to the appropriate governmental agency k~ at the time of the expansion of Radio Road. !~i: 6.6 ACCESS TO RADIO ROAD AND FUTURE LIVINGSTON ROAD One access drive may be permitted from Tract B and Tract C connecting with Radio Road and in that event such connections shall be at least five hundred (500)feet from the centerline of BRIARWOOD Boulevard. Tracts B and C shall also have one connection to future Livingston Road. 6.7 ACCESS TO BRIARWOOD BOULEVARD Access from Tracts B and C to BRIARWOOD Boulevard shall be limited to one (1) driveways. This internal access may be provided when temporary sewage treatment plant is removed from site. Access from Tract A - Parcel 2 of 2 to BRIARWOOD Boulevard shall be limited to one (1) driveway. 6 - 3 SECTION VII DEVELOPMENT STANDARDS 7 · 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 BRIARWOOD Development Plan and all applicable State and local laws, codes and regulations. Except where specifically noted or stated otherwise, the standards and specifications of the Collier County Land Development Code in effect at the time of approval of the record plat shall apply to this project. ?.3 BRIARWOOD DEVELOPMENT PLAN A. Exhibit "A", BRIARWOOD Development Plan, iljustrates the proposed development, and the location of the temporary sewage treatment facilities as permitted by Sections III and V of this document. B. Except for such definitive facilities and demarcations as street locations, Tract boundaries, etc., the design criteria and system design iljustrated on Exhibit "A" and stated herein shall be understood as flexible so that the final design may best satisfy the project, the neighborhood and the general local environment. C. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in the proS act. 7.4 PROJECT DEVELOPMENT The proposed development is iljustrated by Exhibit "A". The proposed construction shall comply with the standards set forth and the resulting complete project shall adequately serve its occupants and members and will not cause a general public problem. Such measures as the construction of cul-de- sac at street ends, screens, signs, landscaping, erosion c0ntrol and other similar-in-function facilities shall be taken to accomplish the above set forth objective. 7.5 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. 7 - I The three (3) designated conservation areas in the project will be protected during construction with fencing and posting. The haul roads will be identified, and the contractor will adhere to these roads, which will be stabilized if sand traps occur. 7.6 STREET CONSTRUCTION All public street design and construction shall meet the Collier County standards that ars in effect at the time of approval of the record plat. BRIARWOOD ~oulevard shall be constructed as a four lane divided section from Radio Road along the length of Tract A - Parcel 2 of 2 with a transition to a two lane section within three hundred (300) feet north of the north property line of Tract A - Parcel 2 of 2. The remainder of BRIARWOOD Boulevard and all other streets shall be constructed as two lane sections. A bicycle path shall be constructed along BRIARWOOD Boulevard from Radio Road to the intersection of BRIARWOOD Boulevard with Progress Avenue and future Livingston Road. 7.7 EASEMENTS FOR UNDERGROUND UTILITIES Easements for underground utilities such as power, telephone, TV cable, wastewater collection and transport, water distribution lines and other similar utilities necessary for the service of the project shall be located as required and granted for those purposes. Clearing of the easements for installation of underground utilities shall be selective so as to protect the maximumnumber of trees and natural vegetation. 7.8 UTILITY DIVISION A. Water distribution, sewage collection and transmission and interim water and/or sewage treatment facilities to serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Land Development Code, as amended, and other applicable County rules and regulations. B. All customers connecting to the water distribution and sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the Countyts established rates. Should this county not be in a position to provide water and/or sewer service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the Countyts offsite water and/or sewer facilities are available to serve the project. 7 - 2 ~""~ C. It is anticipated that the County Utilitiee Division will ~:~ ultimately supply potable water to meet the consumptive :~;'. demand and/or receive and treat the sewage generated by this project. Should the County system not be in a position to supply potable water to the project and/or receive the proJeotts wastewater at the time development commences, the Developer, at his expense, wilZ install and operate interim water supply and onsite treatment facilities and/or interim onsite sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. An agreement shall be entered into between the County and the Developer binding on the Developer, his assigns or successors regarding any interim treatment facilities to be utilized. The agreement must be legally sufficient to the County, prior to the approval of construction documents for the project and be in conformance with the requirements of the Collier County Land Development Code. D. If an interim onsite water supply, treatment and transmission facility is utilized to serve the project, it must be properly sized to supply average peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire Control District servicing the project area. E. The existing offsite water facilities of the District must be evaluated for hydraulic capacity to serve this project and reinforced as required, consistent with the County's Water Master Plan to insure that the District's water system can hydraulically provide a sufficient quantity of water to meet the anticipated demands of the project and the District's existing committed capacity. F. The onsite water distribution system to serve the project shall be connected to the District's twelve (12) inch water main on Radio Road, extended to and throughout the project, terminating at the project's north property line at a point established by the Utilities Division, consistent with the findings of Item 5 above. 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. ~" 2. Stubs for future system interconnection with ii:: adjacent properties shall be provided along the east property line of the project, at locations to ;:' be mutually agreed upon by the Utilities Division and the Developer prior to the design phase of the pro~ect. 7 - 3 3. If oversizing of the project's water distribution facilities to meet the needs of the County Water Master plan is required pursuant to Items E & F, the Developer shall enter into an Agreement with the Collier County Water-Sewer District for that work. The Agreement must be finalized and accepted by the District prior to the approval of construction documents for the project by the County. G. The utility construction documents for the project's onsite sewerage system shall be prepared to contain the design and construction of tho onsite and offsite force main which will ultimately connect the project to the future central sewerage facilities of the District at Pump Station 3.10, to be located on Tract 10 of the Foxfire Subdivision. The force main must be extended from the main onsite pump station to a point outside the proJectte southern boundary as specifically by the Utilities Division and capped, unless the Countyts central sewer facilities are available for connection at the time of construction. It must be interconnected to the onsite main pump station with appropriately located valves to permit for simple redirection of the proJectts sewage when connection to the County's central sewer facilities become available. Ultimate connection to the County's sewerage facilities will be the responsibility of the Developer pursuant to the required Agreement regarding the use of an interim sewage treatment facility as specified in Item 3 above. H. The utility construction documents for the project's onsite sewerage system shall be prepared so that all sewage ultimately flowing to the District's Master Pump Station No. 3-10 is transmitted by one (1) main onsite pump station. The Developer's engineer shall meet with the County staff prior to commencing preparation of construction drawings, so that all aspects of the sewerage system design can be coordinated with the District~s Sewer Master Plan. 7.9 SOLID WASTE DISPOSAL Arrangements and agreements shall be made with an approved solid waste disposal service to provide for waste collection service to all areas of the project. 7.10 OTHER UTILITIES Telephone, power and TVcable service shall be made available to all residential areas. All such utility lines shall be installed underground. · 11 TRANSPORTATION A. The main entrance to the residential portion of the project (designated BRIARWOOD Boulevard on the site plan) shall be in alignment with the main entrance to Foxfire Subdivision. B. ,. The developer shall provide a fair share contri~ution to the capital cost of a traffic signal on Radio Road at the main entrance to the project when deemed warranted by the County Director of Transportation Services. The signal shall be owned, operated and maintained by Collier County. C. The developer shall provide left and right turn lanes on Radio Road at the main entrance to the project. This construction shall be coordinated with the four laning of Radio Road. D. The commercial tract shall be limited to one access to Radio Road and one access to the future Livingston Road. Approval of these accesses at this time does not imply that median openings will be permitted when these roads are four 1shed. Appropriate turn lanes shall be provided at each access. E. The developer shall provide twenty-five (25) feet of additional right-of-way throughout the project's Radio Road frontage and one hundred (100) feet of right-of-way along the section line atthe project's western boundary. F. These improvements are considered "site related" as defined in Ordinance 85-55 92-73 and shall not be applied as credits toward any impact fees required by that ordinance. 7.12 ARCHITECTURAL REVIEW All buildings constructed within BRIARWOOD must comply with the architectural review standards which shall be specified by the recorded covenants and deed restrictions that go with the properties. 7.13 ACCESSORY STRUCTURES Accessory structures must be constructed simultaneously with or following the construction of the principal structure and shall conform with the setbacks of the principal structure. 7 - 5 14 SIGNS All signs shall be in accordance with the Collier County Land Development Code 7.15 LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for offstreet parking areas shall be in accordance, with Section 2.4 of the Collier County Land Development Code. ..: 7.16 PARKING, STORAGE, OR USE OF MAJOR RECREATIONAL EQUIPMENT Major recreational equipment is hereby defined as including boats and boat trailers, horse trailers, travel trailers, pickup camper or coaches (designed to be mounted or motorized vehicles), motorized dwellings or motor homes, tent trailers, popout campers, houseboats, and the like, and cases or boxes used for transporting recreational equipment, whether 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. Major recreational equipment may be parked or stored only in a completely screened area and cannot be seen from the exterior of the lot; provided, however, that such equipment may be parked anywhere on residential premises for a period not to exceed twenty-four (24) hours during loading and unloading. !! 7.17 PARKING COMMERCIAL VEHICLES IN RESIDENTIAL AREAS A. It shall be unlawful to park a commercial vehicle on any lot in a residential zoned district unless one of the following conditions exists: (1) The vehicle is engaged in a construction service operation on the site where it is parked. The vehicle must be removed as soon as the construction or service activity has been completed. (2) The vehicle is parked in a garage, carport, or fully screened area and cannot be seen from the !!! exterior of the lot. (3) Automobiles, vans, pick-up trucks having a rated load capacity of less than one ton, shall be exempted from this Section. 7.18 WATER MANAGEKENT "il A. The project shall be designed and constructed so as to direct the surface runoff from all areas of the project through the project water management system. 7 - 6 B. ~ dry'season pool may be maintained in the lakes portions of the project by pumping from the Golden Gate Canal. All required permits shall be obtained prior to pumping. C. Detailed site drainage plane shall be submitted to the Project Review SerVices for review. No construction permits shall be issued unless and until approval of the proposed construction, in accordance with the submitted plans, is granted by the Project Review SerVices. D2' An Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of the Collier County Land Development Code and South Florida Water Management District rules. E. Copies of the approval from South Florida Water Management District for the conceptual plan and construction/operations permit for each phase cf construction sites be provided. F. Revised Master Plan reflecting the relocation of Lakes 1, 2 and 7 to meet the requirements of Section 3.5.4 of the Collier County Land Development Code. The typical lake section shall also be revised to meet the requirements of the Collier County Land Development Code. G. Ail lakes will be "developer type" excavations unless commercial uses are intended and identified in the PUD document. 7.19 EXTERNAL ANTENNAS Antennas, including but not limited to T.V., C.B., F.M. and ham radio antennas, shall not be permitted to be located external to the principal or accessory structures in residential districts. ?.20 ENGINEERING A. No development activity shall begin prior to approval of final details plans, plats or Final SDPs. Excavation work may begin only upon specific agreements between the County and the applicant relating to quantity, location, clearing, submission of final plans, bonding, etc. B. All required Right-of-Way for Livingston Road and Radio Road shall be dedicated to the County prior to approval of construction plans for any tract. However, the dedication may be part of the first plat. C.Progress Avenue shall not be connected to the internal roadway system until Livingston Road is built. 7 - 7 D. A Preliminary Subdivision Plat submission shall be required, in accordance with Division 3.2 - Subdivisions, of the Collier County Land Development Code as amended or ~ superseded, on all tracts as they are individually developed. The submission will be administratively ~.i reviewed by staff prior to construction plan submission .: by the applicant. If the tract is not intended to be i subdivided, the applicant will submit an SDP application. E~' No variances to the subdivision requlations are ~: requested, none given. F. Conservation areas shall be identified by a survey and preserved on the plat documents by easement or tract. If lot lines are allowed to extend into the area, a minimum of fifteen (15) feet setback from the preserve area shall be required for all principal or accessory use structures. ~. '. 7 · 21 ENVIRONMENTAL STIPULATIONS A. Petitioner shall be subject to Division 3.9 - Vegetation Removal, Protection and Preservation, Collier County Land Development Code (or the tree/vegetation removal ordinance in existence at the time of permitting), requiring the acquisition of a tree removal permit prior to any land clearing. A site clearing plan shall be submitted to the Natural Resources Management Department for their review and subject to approval prior to any work on the site. This plan may be submitted in phases to coincide with the development schedule. The site clearing plan shall clearly depict how the final site layout incorporates retained native vegetation to the maximum extent possible and how roads, buildings, lakes, parking lots, and other facilities have been oriented to accommodate this goal. ~" B. Native species shall be utilized, as described below, in the site landscaping plan. A landscape plan for all ! landscaping on the development shall be submitted to the County Landscape Architect and to a County Environmental Specialist for their review and shall be subject to their approval. The landscape design shall incorporate a minimum of sixty percent (60%) native plants, by number, including trees, shrubs, and ground cover. At least sixty percent (60%) of the trees, sixty percent (60%) of the shrubs, and sixty percent (60%) of the ground cover shall be native species. At the direction of the County Landscape Architect or County Environmental Specialist a high percentage of trees or shrubs can offset an equal percentage of ground cover. For example, the use of seventy percent (70%) native trees could allow the use of only fifty percent (50%) native ground cover. This plan shall depict the incorporation of native species and %:i~i their mix with other species, if any. The goal of site '.~'... landscaping shall be the recreation of native vegetation ~'~'~ and habitat characteristics lost on the site during '~ . construction or due to past activities. C. All exotic plante, as define~ in the Collier County Land Development 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 re- invasion of the site by such exotic species. This plan, which will describe control techniques and inspection intervals, shall be filed with and subject to approval by the Natural Resource Management 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 Natural Resources Management Department notified. Development will be suspended for a sufficient length of time to enable tho Natural Resources Management Department or a designated consultant to assess the find and determine tho proper course of action in regard to its salvageability. The Natural Resources Management Department will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any constructional activities. E.' In conjunction with Florida Game and Freshwater Fish Commission (FGFWFC), Petitioner shall transfer the gopher tortoises to the conservation areas and/or leave the tortoises where they are presently located. This is also in accordance with Policies 1.1.5 and 7.3.5 of the Collier County Growth Management Plan. F. Petitioner shall designate the three (3) areas along the western border of the site (the cypress wetland, xeric habitatt and cabbage palm hammock} as conservation areas. These areas shall be so designated on all subsequent site plans. Buffer zones, at least ten (10) feet wide (twenty (20) feet wide for Parcel i of 3 in Tract E), shall also be established around each conservation area and shall be designated on all future site plans. 7 - 9 LANDSCAPE DEVELOPMENT 8.1 PURPOSE The purpose of this section is to establish guidelines for the preservation of certain natural resources. 8.2 OBJECTIVE To enhance the quality of the environment for future residents of this development and the community as a whole by= A. Establishing guidelines for maximum utilization of existing natural vegetation within the development plant. B.Preservation of Tract E - three (3) conservation areas, in a natural unaltered condition. C. Establishing guidelines for re-vegetation of cleared areas. 8.3 PLANT COMt~JNITY ANALYSIS The vegetation on the subject property can best be described as a typical Pine flatwoods community in Collier County. The site is virtually flat with less than one (1) foot change in elevation over the entire property. The site has been badly burned within the past three (3) or four (4) years as evidenced by the numerous dead and dying hatrack cypress. The few living cypress remaining onsits are badly scarred and appear to be very stressed. No signs of reproduction are visible, neither young trees or seed cones are present. There was a large wetland system present (on the 1983 aerial) near the eastern, central edge of the property. This system is virtually gone. All the wetland vegetation in this area appears to have been destroyed by the fire(s). All that remains are the burned-out stumps of the cypress trees. Melaleuca has completely taken over this system. The Melaleuca trees form a solid mass of twelve (12) foot to eighteen (18) feet tall trees with occasional larger trees scattered throughout this entire historic wetland area. The trees are so dense the visibility into this area is approximately nineteen (19) feet or less into the system. A small cabbage palm/oak hammock exists near the south central edge of the subject property. This area would be a very attractive and desirable portion of the landscaping for the project if it is preserved. Vegetation present on the property includes the following= Slash pine (Plnus elliotti)~ few scattered Pond cypress (Taxodium ascendens), numerous large defined monocultures of saw palmetto (Serenoa repens), scattered Dahoon holly (Ilex caseins), cabbage palms (Sabal palmetto), was myrtly (Myrica cerifera), cocoplum (Chrysobalanus icaco), and a few isolated oaks (Quercus sp.), Brazilian peppe£ (Schinus tsrebinthe- folius) is present in considerable numbers and is scattered throughout the property. Melaleuca (Helaleucaquinqeuneriia) has invaded the entire parcel. Density of the Melaleuca varies from occasional, scattered trees to a monoculture of trees that is crowding out and replacing the original native vegetation on approximately sixty-five percent (65%) of the property. All exotics, Brazilian pepper, Melaleuca and downy rose myrtle should be removed from the property as it is being developed. No endangered or threatened species were observed on this property with the single exception of gopher turtles. The lite has an unusually large number of gopher turtles. There are one or more burrows in each palmetto patch throughout the property. Four (4) active turtle burrows out in open forest areas with no cover present anywhere near the entrance were also found. LANDSCAPE DEVELOPMENT 8.4.1 Single Family Dwelling Sites= Shall be excluded from landscape development by the project sponsor. However, it shall not alter the existing vegetation within the dwelling lite boundaries from its natural state except for these areas where access may be required for construction activities (to include but not limited to drainage, utility easements, etc.). Said access areas shall not exceed fifty (50) feet in width at any one point and shall not exceed twenty percent (20%) of the total dwelling site areas. They shall be itab~lized with durable grasses. 8.4.2 Multi-Family, Streets and Right-of-Way and Commercials (to include Tracts A, B and C) All landscaping for multi-family, and commercial tracts and streets and right-of-ways shall be in accordance with Division 2.4 of the Collier County Land Development Code. 8.4.3 Tract E - Conservation Areas: A.Function: Preservation of an invaluable natural resource community. Provide an opportunity for study and enjoyment of the co~munityo B. Treatment= Total protection of flora and fauna. Prohibit vehicle and construction equipment access. Removal of obnoxious exotics. Prevent removal of valuable plant life. 8,.4.4 Florida Power & Light Right-of-Way= This area has been totally cleared and has been stabilized with Bahia grass. This area may be used tn part as open space and shall be vegetated with appropriate grasses. 8.4.5 Lakes= A.Function= Provide water retention, recreations and visual quality for the community. B. Treatmentz On completion of construction, lake banks will be re-vegetated with durable grasses to control erosion. .... · .... ~ ~'~ . . ~..- h ~t ., ~__ ~ ,..', · ,. ?.?:...', . PUD MASER PLAN STATE OF FLORIDA cOUNTY OF COLLIER ) ~,' .' 2, DWIGHT E'; BROCK, Clerk of Courts In and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing ts a true copy of: Ordinance No. 93-83 which was adopted by the Board of County Commissioners on the 9th day of November, 1993, during Regular Session. WITNESS my hand and the official seal of the Board of ;CoUl~y Comm~eetonera of Collier County, Florida, this 16th day of November, !993. B e/~aureen Kenyon ..', ' Deput~ C~erk ~'~ ~ 9 ~