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Ordinance 92-024 AN ORDINANCE AMENDING ORDINANCE NU~DER 91-102 THE COLLIER COUNTY LAND DEVELOPMENT CODE WNICN INCLUDES TIlE COMPREHENSIVE ZONING REGULATIONS FOR THE · '~ UNINCORPORATED AREA OF COLLIER COUNTY, ~o "~ ~ . ~\FLORIDA AND AMENDING THE OFFICIAL ZONING .u~ ~'~'ATLAS M~P(S) NUMBERED 8526N ANff'8526S BY %%1~u~ ~HANGING THE ZONING CLASSIFICATION OF TI{E ,%~_~ ~EREIN DESCRIBED REAL PROPERTY FROM "PUD" ~-~ ~bTO "PUD" PIJkNNED UNIT DEVELOPMENT m~OWN ~ ~4.~/AS SOUT}U%MPTON AT NAPLES, FOR PROPERTY ._, .~'~/ LOCATED SO%~H OF IM~OKALEE ROAD AND WEST ~Z%~-'~' OF AIRPORT ROAD, IN SECTION 26, TOWNSHIP 48 SOUTH, ~UtNGE ~5 EAST, COLLIF. R COUNTY, FLORIDA, CONSISTING OF 313.5 ACRES: PROqIDING FOR THE REPEAL OF ORDINANCE NUMBER 91-96, AS AMENDED, TIIE FOPd4ER SOUTHA/iPTON AT NAPLES PUD; AND BY PROVIDING AN EFFECTIVE DATE. Wt{F/~F-~S, Alan D. Miller of Wilson, Miller, Barton Peek, Inc., representing Southampton Development Corporation, petitioned the Board of County Commissioners to change the zoning classification of the herein described real property; NOW THEREFORE BE IT ORDAINED BY TN~ BOA~',D OF COUNTY · COM~IISSIONERS OF COLLIER COUNTY, FLORIDA; The Zoning Classification of the herein described real property located in Section 26, Township 48 South, Range 25 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 i!~ incorporated herein' and by reference made part hereof. The Official Zoning Atlas >. Map(s) Numbered 8526N and 8526S, as described in Ordinance Number 91-102, the Collier County Land DeYelopment Code, are hereby amended accordingly. Ordinance Number 91-96, as amended, known as the : Southampton at Naples PUD, adopted on October 8, 1991 by the !i Board of County Commissioners of Collier County is hereby ... repealed in its entirety. 152 mm__ I Il IIIm ~ -~ ~3~---III I I .... This ordinance ahall become effective upon receipt of notice from the Secretary of State that this ordinance ham been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board. of County com~issioners of Collier County, Florida,' this ~day of ~.~ A~EST:' BO~D OF CO~TY CO~ISSION~S J~ES C%~G3I~S. CLE~ COLLI~ CO~TY, FLORIDA ~ ',,, ~ ,,',. . . E C~I~ ,~.2~'~. : AS TO'~O~ ~D ~ICIE~CY' ?~SIST~ C0~Y A~O~EY nb/7S34 ~l, o~lnonce Fll,d with the ~' and ockno~v{edge~}~f thor , f}~celved t~ ~y -2- .~ PLANNED gNIT DEVELOFMEN? DOCU~%ENT ·. FOR ...... . ....... SOUTHAMPTON AT NAPLES 313.5 Acres Located in Section 26 Township 48 South, Range 15 East Collier County, Florida PREPARED FOR= SOUTHA2~PTON DEVELOPMENT CORPOR.%TION c/o BOMIVER & MADER CORPORAT£ON 1055 Yonge Street 1310 Toronto Ontario, Canada M4W2L2 PREPARED ALAN D. REYNOLDS, AXCP WILSON, MILLER, BARTON & PEEK, INC. ENGINEERS, PLANNERS & LAND SURVEYORS 3200 sailey Lane at Airport Road Naples, Florida ORDINANCE NUMBER 88-53 AMENDMENT FILED March 3~ 1991 DATE APPROVED --6ctober 8, 1991 AMENDMENT DRDINANCE NO ~-~6 AMENDMENT FILED February 24, 1992 ORDINANCE £XHIBIT "A" " INDEX ~" List Of Exhibits and Tables ii Statement of Compliance and Short iii Title SECTION I Property Description and Ownership 1-1 SECTION II Project Development 2-1 SECTION III R Residential 3-1 SECTION IV GCO Golf Course and O;,~n Space ¢-1 SECTION V CH Creek Hammock 5-1 SECTION VI General Development Co~itments 6-1 LIST OF EXHIBITS AND T~'~LES EXHIBIT A . Planned Unit Develo[sment MaSter Plan (Prepared by Wilson, M~ller, Barton, & Peek, Inc. File No. RZ 194A) TABLE i Development Standards STATEMENT OF COMPLIANCE The- development of approximaLely 313.5 acre, of property in 'roll{ur County, as a Planned Unit Development to be known as SOUT~kMPTON AT NAPLES will be in compliance ~;lth the planning goals and objectives of Collier County as set forth in the Comprehensive Plan. The residential and recreational facilities of SOUTHAMPTON AT NAPLES will be consistent with the growth policies, land development regulations, and applicable comprehensive planning objectives for the following reasons: 1) The subject property is located within the County Urban Service areas and there are adequate aw~ilable community facilities and services to support the proposed re~.idential density. 2) The project development is compatible and complementary to the surrounding land uses as required in Policy 5.4 of the Futura Land Usa Element. 3) .Improvements are planned to be in compliance with applicable regulations as set forth in Objective 3 of the Futura Land Use Element. 4) The project development will result in an efficient and economical extension of community facilities and services as required in Policies 3.1. H and L of the Future Land Us~ Element. 5) Thl~ project development..is planned to incorporate natural systems '.for water management in accordance with th,~ir natural functions and capabilities as may be required by ObJectiv. a 1.5 of the Drainage Sub-Element of the Public Facilities Element. 6) Th, proposed density of 2.55 dwelling units per acre is " consistent with the Future Land Use Element of the Growth .Management Plan. SHORT TXTLE This ordinance shall be known and cited as the "SOUTHAMPTON AT NAPLES Planned Unit Development Ordinance." S~CTION ~ PROPERTY OWNERSHIP & GENERAL DZSCRX?TION 1.'01 INTRODUCTION AND PURPOSE It is the intent of Southampton Development Corporatione (hereinafter called 'applicant' or "developer') to establish and develop a Planned Unit Development (PUD) on approximately 313.5 acres of property located in Collie~ County, Florida. The subject property is generally bordered on the west by the North Naples Community Park, on the north by C.R. 846 (Xmmokalee ~oad), on the east by CR 31 (Airport-Pulling Road), and on the ~outh by victoria Park. It is the purpose of this document to establish the standards and guidelines for the :future development of the property. 1.02 LEGAL DESCRIPTION Part of Section 26, Township 4~ South, Range 25 East, Collier County, Florida and being describ~d as follows~ .the northwest 1/4 of the northeast 1/4 less the north 100' for right-of-way purposes~ the eouth 1/2 of the northeast 1/4 less the east 100' for right-of-way purposes ~{D the north 1/2 of the southeast 1/'4 less the east 100' for right-of-way purposes the southeast 1/4 of the northwest 1/4 AND the north 1/2 of the southwest 1/4 le:~$ and except the west 50' AND the east 30 feet of the southwest 1/4 of the northwest AND the north 60 feet of the west 30' of the east 60 feet of the southwest 1/4 of the northwest 1/4 all being in Section 26, Township 48 South, Range 25 £a~t, Collier County, Florida. $~CTION I! PROJECT DEVELOPMENT 2.01 PURPOSE The purpose of this Section is to ~3enerally describe the plan of the development and d.lineate the general conditions that will apply to the project. 2.02 GENERAL PLAN OF DEVELOPMENT Southampton at Naples is a planned conu:unity including a mixture of residential uses, and recreational, conservation, and water management-r~lat,:d elements. a. Regulations for development of Southampton at Naples '~ PUD shall be in accordance with th,i contents of this document, PUD - Planned Unit Development District and other applicable sections and parts of the~ Collier "~' County Land Development Code ".~n[n~ '~:..n~n:: in effect ~, 3: at the time of Preliminary Subdivision C~.n:~.ru=%le~ ': ."lan a~ Plat approval or .~l te Development Plan '~ approval for those aspects of the ordinance applicable " " to that stage of approval. Where these regulations ~,.. fail to provide development standards then the ,~. provisions of the most similar district in the County ~il Zoning Ordinano. shalI apply. b. All conditions imposed and all g,:aphic material adopted as a part of this PUD ordinance for Southampton at ~r. Naples shall become the regulations which govern the .'~.< manner in which the project may be developed. ' , .: c. Development permitted by the approval of this petition ~ will be subject to a concur,:ency review under the · .. Adequate Public Facilities Division ~.15 of the Collier '~?~ County Land Development Cod~e'-~ ................. ........ ~^ 34 or i~ successor provision at the time of building permit i s suance. 2.03 LAND USES Land use types, with approximat~ acreages and total dwelling units are indicated on Exhibit "A", Planned Unit Development Master Plan RZ-194. Changes and variations in i.~ design and acreages shall be permitted to accommodate topography, vegetation,, and other site conditions during construction plan and fins1 plat approval. The specific location and size of individual tracts and thc assignment of dwelling units thereto shall be determined at the time ¢,f site development plan approvs1 in accordance with Division 3.~. $~.[-en I~.9 of the Collier Couz~ty Land [~-~ e lupmo n t Code ~. l~a~e, ,3r its successor ~'~{ :{"~ ' ~he final size of the recreation nnd open space lands will depend on the actual reguirement~ for water management, golf course layout, roadway patters, and dwelling unit size and configuration. ~,04 PROJECT DENSITY ~he total acreage of the Southampton at Naples Planned Unit Development is approximately 313.5 acres. The maximum ziumber of dwelling units to be built on the total acreage is 799. The number of dwelling units per gross acre is approximately 2.55. The density on individual parcels of land throughout the project may vary according to the type of housing placed on each parcel of land but shall comply %{itl guidelines established in this document. :,:. ~ 2.05 P~RMITTED VARIATIONS eT DWELLING UNITS Ail properties designated for residential uses may be developed at the maximum nub)er of dwelling units allocated, provided that the total number of dwelling units ,hall not exceed 799. The maximum number of dwelling units by type as shown on the P.U.D, Master Plan (RZ-194A) shall not vary by ~or~ than twenty five (25) percent in each category. Th.m naximum number of dwelling units shall include all model home units. 2.06 DEVELOPMENT SEQUENCE AND SCHEDULE The applicant has not set "stages" for the development of the property. Since the property is to be developed over an estimated 8-year-time period, any projection of project development can be no more than an estimate based on current marketing knowledge. The estimate may, of course, change depending upon future economic factors. 2.07 ~ASEMENTS FOR UTILITIES ~asements shall be provided for water management areas, utilities and other purposes as may be needed. Said 2-2 7 ., easements and improvements shall be in compliance with the Collier County Land ~evelopment Code ~..~..~z--. in effect a% the time a peri, it il requested or required. ~ll nec,ssary easements, d,dications, o~ other in~truments' '~hall be granted to in~ure the continued ope'ration and maintenance of ail service utilities in substantial compliance with applicable regulations in effect at the time approvals are requested. EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGULATIONS The following requirements of the Subdivision Regulations shall be modified subject to review and approval by the ~evelopment Services Director C=e~-F~pq-e~e~ at the time {~ conm~uct on p an su mxtta . a Division 3.2, Section 3 2.8.4 1. ~ ~-~ "' r_.~, Access= ~ County Eng~ may approve minor ~tion of propo~ed access pofntm am shown on the P.U.D. Master Plan. b~ Division ~.2, ~, Section 3.2.8,4,10 Monuments= ~re such monum~nt~ occur within ~trelt pavement areas, they shall be installed in a typical water valve cover, as prescribed In the curr%nt County standards. c. Division 3.2. ~, Section 3.2.8.4.16.5. Street Pavement Widths: (Reduce requirements f0~ local ~ two ~elve foot lanes to two (2) ten foot .lanes on all cul da ~ac ~oads, and interior rDads within residential tract~ if average trip generatioh les~ than 250 ~T. The main road from I~okalee Road to Airport-Pulling Road and the main road around the project shall have two (~) twelve foot lanes. d. Division 3.~. ~, Section 3.2.8.4.16.8. ~Reduce requirements f:om forty foot (40') ~ to thirty foot (30') radiu~ at local to local road and local to minor collector road intersections only) e. Division 3.2. ~, Section 3.2.8.4.16.9. lnter~ Intersections requi~ing Curved to ~ a minimum tangent of 75 I~0 feet at intersections. 2-3 " 052 218 ~" BOOIfPAc.,t f. Division 3.2...=..=.:' ~, ~ v,..., Suction 3.2.8.4.2l. Utility Casinps: Utility castnps may be deleted if all Underground utilities ate installed prior to construction of the road subgrade and base. g. Division 3.2. A=%i-cL-.---X, Section 3.2.8.3.17. pedestrian/Bike Pathst A pedestrian/bike path system shall be designed for the p:oJ,~ct and submitted to and approved by the Collier County Development Services Division prior to or as a pact of the first construction plan submission fo: their review and approval. Upon approval this plan shall supersede the Subdivision Regulation requirements for sidewalk construction along internal roadways. h. Division 3.2. Arti:l: XI, Section 3.2.8.4.16.6. 17.H Dead End Streets: Such streets'may exceed one th6usand (1,000) feet length. 2.09 LAKE SITING Fill material from the lake is planned to be utilized '- within the project. However, exce~s fill material, up to 10% of the total or a maximum of ~0,000 cubic yards may be removed and utilized off-site subject to the requirement of Division 3.5. of the Land Develo~.ment Code Or,in:n:: ~. Removal of material in excess O-~0% of total or maximum of 20,000 cubic yards shall be in accordance with the requirements of a commercial excavation ~e~ in accordance with Division 3.5. of the Land Development Co~-~ 2.10 DEDICATION AND MAINTENANCE OF £ACILITI£S The roads within ' Southampton are intended to be pri~ate roads. There will be a security gatehouse located at both the Immokalee Road and Airport Road entrances. Developer shall create appropriate homeowner and oc condominium associations which will be responsible for maintaining the roads, streets, drainage, water and sewer improvements where such systems are not dedicated to the County. 2.11 MODEL HOMES Model Homes and units shall be permitted within this project subject to the following provisions: a. A maximum of sixteen (16) models shall be allowed to be constructed prior to recording of plats for Southampton. Models must obtain a conditional Certificate of Occupancy for model purposes only. 2-4 ~00' t,5~,~[~l9 ~nterim fire protection ~acilities in accordance with ~ requirements are required unless ~ permanent system is avail.bls to serve the cante~. b. Models may he permitted as elLber 'dry mcdels' oc with temporary utility ~ystems (i.e. well and septic tank/ drainfieldl p~ior to availability of central utility systems. c. Prior to recorded plats, metes and bounds legal descriptions shall be provided to and accepted by Collier County as sufficient for building permit issuance. Said metes and bounds legal descriptions must .meet.propoSed'plat configurations and all models constructed pursuant hereto shall conform to applicable minimum square footages, setbacks, and the like as set d. Temporary access and utility easements may be provided in lieu of dedicated right-of-ways for ingress, egress and utility service to model h~mes. e. Site plan(s) shall be submitted at the time of building permit application. f. Sales, marketing, and administrative functions are permitted to occur in designated model homes or units within the project only as provided herein. 2.12 TEMPORARY SALES FACILITIES a. Temporary sales facilities may be constructed prior to recording of a plat. These facilities may be serviced by a temporary utility system {i.e. dry well and septic tank/dratnfield) prior to avail~,bility of central utility systems at which time connection to the central system will be made. Interim fire protection facilities, in accordance with NFPA requirements Or as approved by the appropriate fire district are required unless a permanent water syst,~m is available to serve the facility. b. Review and approval of temporary sales facilities shall follow the requirements of the Land Development Code ~nln~ O~din:n:: in effect at that time. A metes and bounds legal description shall be provided as part of the application. Access to th.~ sales facility shall be provided by a paved road o= temporary driveway which meets applicable County standards as determined by the Development Services Director 6~H~f-4~. A water management plan must be provided which accommodatsl the runoff ~rom the eaIes facility, the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to b~ consi3tent with and meet the requircments of the master water management system for the entire development. 2.13 LANDSCAPE BUFFER and east boundary of the golf course maintenance facility tract. This buffer shall not be less than ten feet in width and shall provide the opacity requirement ~f Section 2.4.7. of the Land Development Code. b. A landscape buffer shall be provided along the western and northern property line where the R-2 area abuts South winds Estates and Immokalee Road. This buffer should be a minimum of 10 feet in width and provide the opacity requirement of Section 2.4.7 ~.37 of the Land ~evelopment Code Zoning O~e., unless an alternative buffer is approved hy County staff. c. Should the South ~lorida Water Management District, during it's permit review process, require a natural vegetative buffer he created between the lots and any Jurisdictional wetland Preserve and/or Conservation tract, the butler shall not be located within the boundaries of the lot(s) unless otherwise approved by South Florida Water Management District. It shall be created as a separate platted tract or as a buffer easement over an expanded limit of the Preserve tracts, which would be dedicated as Preserve/Drainage tracts, to include the buffer within the Preserve tract. If the buffer is located within a separate tract, that tract shall be dedicated on the plat to the project's '. homeowners association or like entity for ownership and maintenance responsibilities and if necessary, to Collier County with no responsibility for maintenance. All Preserve buffer easements or buffer tracts shall be recorded on the plat with covenants to be agreed upon and reviewed by Project Review Services-Environmental Staff and the office of the County Attorney. 2-6 SOUTHARPTON AT NAPLES LA~D USE SU~RY Refer to P.U.D. Master Plan (W~B&P, Inc. RZ-194) SECTION III RESIDENTIAL LAND USE The purpose.of this section is to set fo~th the regulaLlons for the areas designated on Exhibit 'A', Planned Unit Development Master Plan, as 'R'. 3.02 F~XIMUM DWELLING UNITS A maximum number of 799 dwelling units nay be constructed on lands designated as 3.03 GENERAL DESCRIPTION Areas designated as 'R' on the Master Land Use Plan are designed to accommodate a full rang,w of residential dwelling types. Two residential land use categories have been identified on the P.U.D. Master Plan. The R-1 designation will accommodate all types of single family homes, both detached a~d attached. The R-2 designation will provide for both cjustered single family units and multi-family residential usa. Approximate acreages of all residential tracts have been indicated on the P.U.D. Master Plan, in order to indicate relative size and distribution o~ the residential uses. These acreages are based on conceptual designs and must be considered to be approximate. Actual acreages of all development tracts will he provided at the time · platting. · Residential tracts are designed to accommodate internal roadways. 3.04 PERRITTED PRINCIPAL USES AND STRUCTURES R-1 . Detached and attached single family homes, zero lot line, and patio homes, recreational facilities and water management facilities. No attached single family homes (not including zero lot line homes) may he located between two detached single family hcmes which are less than 300 feet apart if they are a part of the same platted block. No single family unit shall he located above another single family unit in a single structure. R-2 . Detached and attached single family homes, sero lot line and p&ti. hom~s, multiple ~amll¥ dwelling unit~, condominiums, recr,tational facilities, and water management facilities. 3.05 PERMITTED ACCESSORY USES AND STRUCTURES 1) Accessory uses and structures customarily associated with uses permitted in this district. 2) Essential services and facilities, including on-site interim sewage treatment faciliti.s if necessary. 3LRecreational facilities. 4) Temporary construction trailers may use septic tanks for waste disposal subject to permitting under F.A.C. 10D-6. DEVELOPMENT STANDARDS Table X sets forth the development standards for land uses within the 'R' Residential District. Site development standards for cate]ory 1, 2, 3 and 4 uses apply to lot Or parcel boundaries plsttad. Front yard setbacks shall be measured as follows= 1) If the parcel is served by a public right-of-way, setback is measured from the adjacent right-of-way line. 2) If the parcel is served by a private road, setback is measured from the back of curb or edge of pavement" standards for parking, landscaping, signs and other land uses not specified herein ara to be in accordance with Collier County Land Development Code ~ening r:{ul:t~on: in effect at the time of Preliminar]f__Subdivision Plat ~-1-~ or Site Development Plan Approval unless---6~herwise specified herein. Unless otherwise indicated, setback, heights, and floor area standards apply to principal Development standards for residential uses not specifically set forth in Table I shall be established during Planned Unit Development Site Developm.ent Plan Approval as sat forth In.::" ~-- ...... AO.= Division 3.3. of the Land Development Code ~ ~ In accordance with those standards of the zoning district ,which is most similar to th, proposed residential use. 3-~ DEVELOPMENT -qTANO ~R OS 'R' Residential Areas TABLE ZERO LOT MINZ~U,~ SITE 9000 S000 3500 1 Ac SITE WIDTH 75' 50' 35' 150' MIN. AVG. SITE DEPTH 120' 100' 100' 150' MIN. AVG. FRONT YArD 25'* 25'** 25'** 20' P SETBACK * * 0' GCO SID~ YARD 7.5' S' Cony 0 or 5' P 20' P SETBACK 0' tO 10' 0' GCO 0' GCO REAR YF~D 15' 15' 15' 15' P ~ETBACK PRINCIPAL 0' GCO REAR YARD 10' P 10' P 10' ~' 10' P SETBACK ACSRY, 0' GCO 0~ GCO 0' GCO 0' GCO P~%X. BUILDING HEIGHT (STORIES) 2 2 2 $ 4 *** DIST. BETWEEN PRINCIPAL 8TR. 15' 10' 0' or 10' 1/2 SBH FLOOR MINIMUM (S.F.} 1200 1000 900 750 SITE DEPTH AVERAGE: Determined by dividing the site area by the ~-t-~-~F~t~. SITE WIDTH= The average distance between straight lines connecting ~r~nt and'rear parcel lines at each side c)f thQ site, measured as straight lines between the ~oremost points of the side parcel lin,s in the front (at the point of intersection wl~h the front .parc,1 line) and the rearmost point of the parcel lines at the rcar '(point .of intersection with the rear parcel lin,~). May be reduced on cul-de-lac iota. GCO - Golf Course/Open Space/Lake Tract Boundary P - PUD Perimeter Tract Boundary FOr all housing types where a 0' setback is permitted, provide for easements on the pla~ or.homeowners association documents to allow property owners access to their structure (for maintenance purpoees primarily}. '* ~ay be reduced to 15' with aide entry garage. SBH-Sum of building heights ** Where corner iota have two front yards, the front yard setback without the driveway may be reduced to 20'. *** Un;~er story parkinq counts as a story for Category 4 Houein~ w--~t~ the exception Of propertiee d~'rl, ctly abuttin~ the Sout-~ Winds ~statgs[ where the maximum h,,ight of buildin~ m&f b'e : ~'~Ofies oVer one level of parkin~ O~ 3 stories without any ~-~der story parking. SECTION IV 'GCO' GOLF COURSE AND OPeN SPACE 4.01 PURPOSE ' The purpose of this Section is to set forth the regulations fo~ the areas designated on Exhibit 'A' Planned Unit Development Master Plan as 'GCO' 4.02" PERMITTED USES AND STRUCTURES 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. Permitted Principal Uses end Structures 1) Golf Course 2) Water management facilities, essential servicQs, effluent storage tank. 3) Open space recreational activitiss and uses. . 4) Community center/clubhouse. S. Permitted Accessory Uses and Structures Accessory uses customarily'asscciated with the principal uses permitted in .this district including but not limited to: 1) Pro-shop, practice driving range, cart barn and other customary accessory uses of golf courses, or other recreational factlitA.s, including maintenance area and pump houses. 2) Small establishment~, including golf and tennis related sales. Restaurants, cocktail lounges, and similar use~, intended to sezv. the residents of Southampton, golf club me.ers, and club guests. Other permitted recreational facilities, subject to the provisions of the applicable supplementary district regulations of the Collier County Land Development Code" ~ ~" ~:unty. 3) Shuffleboard courts, tennis courts, swiping pools, and other types of facilities intended for outdoor recreation. /I DEVELOPMENT STANDARDS 1) Overall site desig~ shall be h~rmonious in terms of landscaping, enclosure of s~ucture~, location o~ access streets and parking areas and location and treatment of buffer areas. 2) Buildings shall be sat back a minimum of tw~mty feet (20') from parcel boundaries. Recreational facilities shall setback a minimum of ten feet (10') from parcel boundaries, and fifteen feet (15'} from residential tract or PUD boundaries. 3) Lighting facilities shall be arranged in a manner which will protect roadways and neighboring properties from direct glare or unreasonable interference. 4) Maximum height of structur.s~ Fifty feet (50'). 5)~lnimum distance between principal structures! Twenty feet (20'}. 6) Parking for the community center/c'lubhouse shall be in accordance with Olvt~ton 2.3. of the Colliec County Development Co~ .. ...... ~ ............. 1 l~ or its successor provision. 7) Unless otherwise'specified herein, minimum standards for parking, lighting, signs, and landscaping 'shall conform with applicable Collier County Regulations in effect at the time permits are sought. 8) Golf course rest stations shall be permitted to use septic tanks for waste disposal subject to permitting under F.A.C. 10D-6. 9) The maintenance building and temporary construction or sales trailers shall be permitted to use temporary septic tanks for waste disposal subject to permitting under F.A.C. 10D-6. 4-2 SECTION V 'CH' CREEK HAMMOCK 5.01 PURPOSE The purpose of this Section is to set forth the regulations for the areas designated on ].:xhibit 'A', Planned Unit Development Master Plan, as 'CH'. 5.02 PERMITTED USES AND STRUCTURES 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) Parks, passive recreational areas, boardwalks. 2) B.[king, hiking, canoeing, and nature trails. ' 3) Equestrian paths. 4i Wildlife sanctuary. 5) Water management facilities, roadway crossings and utility crossings. 6) Recreational shelters and restrooms. 7) Any other open space lctivity or use which is similar in nature'with the foregoing use.s and which the Develo~m,ent Services Director ."lannln~ :~:rvi::: .".:na~:r determines to be compatible with the intent of this district. 5.03 DEVELOPMENT STANDARDS i.: 1) Overall site design shall be harmonious with the areas ;. .. natural ecological characteristics in terms of landscaping, enclosure of structures, location of access · . points. 2) All work proposed in or directly impacting Creek Hammock areas denignated on the Master Plan shall be reviewed ~;: and approved by the Collier County Project Review Services Environmental staff Di-;l---lo~ prior to the commencement of any such ac-'~Ci-~ity. SECTION VI GENERAL DEVELOPMENT COHMITMENTS 6.01 PURPOSE The purpose of this Section is to set forth the development co=u~ltments of the project. 02 GENEP. AL All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision Plats..an="' and all State and local laws, codes, and regular- o-~ applicable at the time of each approval. All state and federal permits shall be effective according to the rules and regulations of the perm£tting agencies. 'Except where specifically noted or stated otherwise, the standards and specifications of the official County Land Development Co.:ia ~:ni::~ ~:~In~n:~ shall apply to this project. The devaluer, hie successors and sleighs shall be responsible for the commitments outlined in this document. follow the ~aste= Plan and the regulations of the PUD as adopted and a~y othe~ conditions of modifications as may he agreed to for the rezoning of the property. In addition the developer will agree to convey to any successor or assignee in title any commitments within this agreement. 6.03 P.U.D. MASTER PLAN a. The P.U.D. ~aster Plan (Wllsoa, Mill.r, Barton & Peek, Inc., Drawing File Number RZ-194A) is an iljustrative preliminary development plan. The d,~sign criteria and layout iljustrated on the Master Plan shall be understood to be flexible, so that, the final design may satisfy project criteria and comply with applicable requirements of this ordinance. b. Ail necessary easements, dedica=ions, or other . instruments shall be granted to insure the continued operation and maintenance of all service utilities. c. Site design refinements shall be peImitted subject to County staff administrative approval, where such changes are consistent with the intent of this P.U.D. and do not cause significant impact to surrounding properties. Amendments to the P.U.D. Master Plan and document shall be accomplished in accordance w£th the County's PDX/PDA process Section 2,7.3.5, of the Collier County hand Develop~t----t~,...-,,.,,-~~^ ......... .- or its successor provision. d. Pursuant ~o Section 2.$.30. ~.~ of the Land DevelopmenC Code a, Hq~nS~l~=n:: or its successor p~iSion, accommodation shall be ma,~e for the future use of building space within co~on areas for the purposes of accommodating the function of an elec:oral polling place. An agreement shall be recordecl in the official records of the Clerk of the Circuit Court of Collier County, 'which-'shall be binding upon any and all successors in interest that acquire ownership of such common areas including, homeowners associations, or tenants associations. This agreement shall provide for said community recreation/public building/public room or similar common facility to be used f.or a polling place if determined to he necessary by the Supervisor of Elections. e. This project shall be platted in accordance .with Collier County Subdivision Regulations. f. An annual monitoring report shall be submitted pursuant to Section 2.7.3.6. ~.~7 .~ of the Collier County I, and Development Code e=nins =r~[nnnc: or its successor provision. 6.04 E~r~IaON~ENTAL. " a. The applicant shall ~ubmit, prior to final cons=FuR=ion plan/plat approvals, all federal and state jurisdictional determinations and permits, species of special status surveys, waivers/exemption determinations that may relate to or affect the design and layout of said construction plan or plat. b. Design of the golf course layout, buildings and associated structures, and infrastructure shall be adjusted, where applicable, to comply with the requirements of the Army Corps of Engineers (ACOE), Florida Department of Environmental Regulation and Florida Game and Fresh Water Fish Commission (ror~Fc). c. A .minimum of twenty-five (25) percent of the entice site's native vegetation shell be retained as requLred · ' ~ in Section R.9.5.5.3. o! the Collier County Land ~nn:~¢~ :::. ~9 Sa. Areas of retention shall include at'least preserved wetlands, approved mitigation arflaa, · : '~'!~' buffers (-- -:: .... ~7 (8) and required gopher tortoise habitat. All areal shall be designated on the construction plans/lite development plans. d. All preserved wstlandl, mitigation areal, oak illand preserves, creek hammock buffers and required gopher ~, tortoise habitat shall be designated aa conservation/ ;' preserve tracts or easements on all construction plans and shall be recorded on the plat with protective covenants to be agreed upon and reviewed by Project ? Review Services-Environmental staff and the office of the County Attorney. e. All proposed mitigation for wetland impacts to Jurisdictional Wetlands as defined by Policy 6.2.9 of the Conservation and Coastal Management Element shall ~; comply with Appendix 7 of the South Florida Water Management District rules and be subject to review and approval by Project Review Services - Environmental Staff. Proposed wetland mitigation shall first be considered on site and contiguou~$ to and within the creek hammock, but in no case may mitigation be less than a 1.5ll area ratio.. f. A minimum separation distance between protected wetlands and propo%ad lake(a) shall be two hundred (200) feet unless~ (1) soil or other data such as lichen lines, water matts, etc., clearly show that water table elevations in the wetlands will not be adversely affected; or (2) if the control elevation of adjacent lakes is set to correspond to elevations of the referenced biological indicators; or (3) if the 200 '~ feet separation distance is waived by South Florida g. Control elevations aa established by state and federal permitting agencies shall provide hydroperiods that reasonably assure successful restoration/preservation :.' 'and/or enhancement of the wetlands. Control structure ':"' elevation determinations shall be supported with engineering and biological data to include but not be limited to lichen line elevations. 6-3 sdJacsnt to the Conservation AITea shall be more gradual. A slops 1=10 is rs¢ommsnded in such areas to prevent dastabilization of i~eneitive habitats. All ~::; littoral zones shall ha reveg~tatad with ha~lve aquatic / species, and the encroachment of exotic vegetation in := these areas ~hall he controlled. m~*'l~!': The proposed boardwalk located within Jurisdictional --'~" Wetlands as defined by Policy 6.2.9 of the Conservation · . and Coastal ~anagement Elemenl: shall be elevated and --.c=.~=~. .shall meander to avoid the c~earing of protected trees ~ , .. in accordance with the requ~.remants of the FDER and !~. ~. ACOE permits, and shall be approved hy Project Review ~' .._~...:, Services- Environmental Staff. · ~--~-J. ' Native vegetation, specifically oaks 9~ea~e~ than ~ou~ .... (A) inches in diame~e~ a~ b~ea~ hei9h~ and cabbage ...... palms ~ha~ cannot be re~a~ned flhall be evaluated hy the ' "'-~" p~oJec~ landscape, architect, and Project Review '"'" Services environmental a~a~ in accordance wi~h Policy ~'. ';' .' ~.5.1 In ~he Conae~vation and Coastal ~ana~emen~ · ~.- Elemen~ o~ the G~ow~h Managem~ ~lan. ~k.~ P~otec~ad plan~ species' al~h~ed p~lo~ ~o o~ du~ing ~. "'cons~uction and tha~ a~e An the line o~ cona~uc~lon~ ....... shall be protected ~=om Anju=2 and/or relocated ~-~'-on-sAte, to the creek ha~ock buffer areas or landscape ~" ~s .... ~.' ~ exotic vegetation . removal, monitoring, and -"' maintenance (exo~lc-free) plan for the site, with ;,~' emphasis on the con~ervation I~reas, shall be submit~ed ~ :'- -'' ~o Project Review Services - EnvAronmental Staff .~. review and approval prior to ~lnal site plan/construc- tion plan approval. 6755" WATER ~AGE~ENT'~D ENGINEERING · .-::.... a. Detailed paving, grading, and l~i~e drainage plans shall . be submitted to P=ojec~ Review Services for revAew. ''='.L construction permits shall be issued unless and until approval of the proposed construction in accordance · ~ . :. with the submitted plans is granted by P~oJec~ Review ~ Services. ,. ~" b. Design and construction of all improvements shall be subject ~e compliance with the appropciate provisions o~ the Collier County Subdivisiun ~egulations. · c. ~n Excavation Permit will be required for the proposed ?~/~ lake(s) in accordance with Division 3.5. of the Collier .~ ' County Land Development Coe'a'~-",,'~eA~e~.t-ee-Ne-r ~ and SFW~D rules. Lakes shall meet minimum setback requirements as required by Division 3.5 o[ the Land Development Code O:2£n:n:: :::.-~ 25. '?~': d A copy of S~D Permit or Early Work Permit is required prior to construction plan approval. e. The lakes and wetland location:~ shall meet the minimum .. . ~ 200 ft. separation criteria of the South Florida Water ?< Management District rules unless the South Florida ,- Water Management District approves any separation less ' ~'~' than 200 ft. and written confirmation to that effect ' ~ ia provided to Project Review S,~rvices. Landscaping shall not he placed within the water management areas unless specifically approved by Project Review Servicee. 6,06 TRANSPORTATION !' a. The developer shall provide 50 feet of additional right-of-way along the south ~lde of I~okalee Road for roadway widening purposen. This item shall be applied aa credits ~oward impact fees required by, and as defined in Ordinance 90-14. ,~;.. h. At the time four-laning of I~okalee Road takes place . . and upon developer's re,est and upon County approval, .~ the developer shall bear the costs of permitted median construction and any and all turn lanes for subject development. c. The develope~ shall make a ~ai~ share contribution toward the capital cost o~ traffic signals at any o~ the project entrances when d,~emed warranted by the County .Engineer. The signals will be o~ed, operated and maintained By Collier County. d. The developer shall provide arterial level street lighting at all project entrances except at the ~olf course maintenance ~ac[lit~. e, The 'golf course maintenanc, acc,las on Airport Rcad shall be limited to right turn in and right turn out. f. Ail traffic control devices u,ed, excluding street n~me · signs, shall comply with the ~anu.~l on Uniform Traffic ~ Control Devices (Chapto= 316.0747, Florida Statutes}. g. The .improvements described in subparagraphs b. through ~ f. sra..considered "site related" as defined in Ordinance 90-14 and shall not be applied aa credits toward any impact fees required by that ordinance. ~ h. Primary access to this property from Immokalee Road shall he spaced at least 3~0 feet (assuming no conflicting access point north of the roadway) from the Southwinds/Palm River entrance and from the Green Tree entrance if any future median openings are to he provided upon four-laning of ~mmokalee Road. A ~i condition applicable to any and all median improvements :~ approved for the sUbject project ~hall be the County's or Florida Department of Tranaportation's (should the roadway or roadways be transferred from the County to ~]. System), right to modify or remove the'State Road ~ median openings in multi-lane roadways consistent with ~ established traffic standard~ and/or consistent with the need to provide increase~ thru t=avelway capacity. Additionally and in accordance with standard permitting procedures per Ordinance 82-91, the expense of such ~. median revisions may be incurred by the permitee, his successor or assigns. Prima~y access to the property from Airport Road will align with the existing med£an opening. i. No additional access points to this project shall be permitted unless the P.~.D. document and/or Master Plan are amended. J. Appropriate turn lanes shall be provided at all access points on arterial roadways ~n accordance with Collier County Public Right-of-Way M~nual and Ordinance 82-91. The golf course maintenance area access shall comply with the above. k. Compensating right-of-way (15' min. easement) for turn lanes shall be dedicated ¢,n~y where necessary at project entrance points on CR ~1 (Airport-Pulling Road), i~ the turn lanes encroach into the existing ' roadway swale area. 6-6 1. On the Airport-Pulling Road entrance, the existing bike path shall be reoonltructe(~/relocatsd only where necessary if tho project turn lanes cause the existing roadway swale area to cncroach into the existing bike path. Bike path and roadway swale improvements shall be located within a bike path/drainage easement. m. On CR 846 (lmmokalee Road) frontage, a bike' path shall be constructed within the dedicated right-of-way so as tO provide access to the adjacent shopping center if the existing bike path is removed prior to the bike path improvements being constructed as part of the CB 846 County Tr~nsportation project. n. Payment of road impact fees shall be in accordance with the applicable ordinance as amended with the stipulation that payment shall occur at the time of building permit issuance or in accordance with the requirements of the Adepuate Public Facilities Division 3.15. of the Collier County Land Development ~ode ~. o. Work withLn Collier County right-of-way shall meet the requirements of Collier County right-of-way Ordinance No. 89-21. UTILITIES A) Water and Sewer 1) Water' distribution and sewage collection ' and transmission syltems will be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Water and sewer facilities constructed within platted rights-of-way or within utility easements required by the County shell be conveyed to the County for ownership, operation and maintenance purposes pursuant to appropriate County Ordinances and Regulations in effect at the time of conveyance. All water and se.,er facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the Developer, his assigns or successors. Upon completion of construction of the water and sewer facilities within the project, the facilities will be tested to insure they meet Collier County's utility construction requirements in effect at the time construction plans are approved. The above tasks must be complcted to the satisfaction of the Utilities Division prior to placing any utility facilities, :. County owned or privately owned, into service. Upon completion of the water and/or sewer facilities and prior to the issuance of Certificates of Occupancy for structures within the project the utility facilities :'~ shall be conveyed to the County, when required by the Utilities Division, pursuant to County 'Ordinances and Regulations in effect at the time conveyance is requested. 2) Ail construction plans and technical specifications and proposed plats, if applicable, for the proposed water distribution and sewage collection and transmission facilities must be reviewed and approved by the Utilities Division prior to commencement of construction. 3) Ail customers connecting to the water distribution and sewage collection facilities will be customers of the County and will be billed by the County in accordance with the County's established ratel. Should the County not be in a position to provide water and/or sewer ¢.. service to the project, the water and/or sewer customers shall be customers of the interim utility established to serve the project until the County's off-s.ite water and/o% sewer facilities are available to '~< serve the project. /: 4) It is anticipated that the County Utilities 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 not be in a position to supply potable water to the project and/or receive the project's wastewater at the time development commences, the Developer, at his expense, will install and operate interim water supply and on-site treatment facilities and/or interim on-&ire sewage treatment and disposal facilities adequate to meet all requirements of the appropriate regulatory agencies. 5) An agreement shall be entered into between the County and the Developer, binding on the Developer, his assigns or successors, legally acceptable to the 6-8 County, prior to the approval of construction documsnts for the propossd project, stating that~ a) The proposed water supply and on-site treatment facilities and/or on-site wastewater treatment and disposal facilities, if required, are to be constructed, as part of tbs proposed project and must be regarded as interim; they shall be constructed to State and federal standards and are to be owned, operated and maintained by the Developer, his assigns or successors until such time as the County's off-site water facilities and/or off-s£te sewer facilities are availahla to service the project. The interim treatment facilities shall supply services only to those lands owned by the Developer and approved by the County for development. The utility facility(les) may not be expanded to provide water and/or sewer service outside the development boundary approved by the County without the written consent of the County. b) Upon connection to the County's off-site water facilities, and/or sewer facilities, the Developer, his assigns or successors shall abandon, dismantle and remove from the site the interim water and/or sewage treatment facility and discontinue use of' the water supply source, If applicable, in a manner consistent with State of florida standards. All work related with this a:tivity shall be performed at no cost to the County. c) donnection to the County's off-site water Wnd/or sewer facilities will be made by the ownera~ their assigns or successors at no cost to the County within 90 days after such facilities become available. The cost of connection shall include, but not be limited to, all engineering design and preparation of construction documents, permitting, modification or refitting of existing sewage pumping facilities or construction of new master sewage pumping facilities, lnterconnection with County off-site facilities, water and/or sewer lines necessary to make the connection(s), etc. d) At the time County off-site water and/or sewer facilities are available for the project to connect with, the following water and/or sewer facilities 11,52,,,,: 238' shall be conveyed to the County pursuant to appropriate county Ordinances and Regulations in effect at the time~ 1)-All 'water a~d/or sew,~r facilities constructed 'in publicly owned ~lghts-of-way or within utility ealements required by the County within the project limits required to make connection with the County's off-site water and/or sewer faciliti~ts; or, 2} All water and sawer facilities required to connect the project to the County's off-site water and/or sewer facilities when the on-site water and/or sewer fa, cllitias are constructed '. on private property and not required by the County to be located within utility easements, including but not limited to the followings a) Main sewage lift station and force main interconnecting with the County sewer facilities including all utility b) Water distribution facilities from the point of connection with the County's water facilities to the master water meter serving the project, including all utility easements necessary. The customers eerved on an interim basis b~ the utility system constructed by the Developer shall become customers of the County at the time when County off-site water and/or sewer facilities are available to serve the project and such connection is made. Prior to connection of the project to the County's off-site water and/or sewer facilities the Developer, his assigns, or successors shall turn over to the County a complete list of the custoners served by the interim utilities system and shall not compete with the County for the service of those customers. The Developer shall also provide the County with a detailed inventory of the facilities served within the project and the entity which will he responsible for the water and/or sewer service billing for the project. 6-10 f) ~l! construction plans and technical spscificst~ons related to connections to the County'~ of£-sLts water and/or sewer fscillties will be submitted to the Utilities Division for review and epprovsl prior to co~encemsnt of construction. g) The Developer, his assigns or successors agree to pay all system development chargss pursuant to appropriate County Ordinance(s) and the Colliar County Land Davelopment Code un~ Shy of tbs ~oliowing conditions, whI-~-~-~ occurs first~ l. Whenever such person connects an existing structure to a water system and/or a sewer system o~ned or operated by the County; or 2. Whenever such person applies for a building permit and prior to issuance of a buildin9 permit to alter an existing structure previously connected to a water system and/or sewer system owned or operated by the County, where such alteration increases the potential demand on the County's system(s}; or 3. Whenever such person applies for a building permit and prior to issuance of a building permit to construct a structure which will be connected to a water system and/or sewer i system owned or operated by the County under ~:~ Phasal l, 2 or ] of the County'l Master Water · and Sewer ~lans, even though such person may .. receive interim water and/or interim ~ewer service from a source other than the County. These requirements shall be made known to all prospective buyers of properties within the project. h) The County will lease to the Developer for " operation and maintenance the water distribution and/or sewage collection and transmission system for the sum of $10.00 per year, when such system is not connected to the off-site water and/or sewer facilities owned and operated by the County. Terms of the lease shall be determined upon completion of the proposed utility construction and prior to activation of the water supply, treatment and distribution facilities and/or the sewage collection, transmission and treatment facilities. 6-11 fl52 ,:240 until the County can provide water and/or service through its off-site facilities or until . such time that bulk rate water and/or sewer service agreements are negotiated with the interim utility system serving the project. iii" S) Data required under COunty Adequate Public Facilities Division 3.15 of the Land Development Code ~ showing the availability of sewage service, must be submitted and approved by the Utilities Division prior to approval of the construction documents for the project. Submit a copy of the approved DER permits for the alwage collection and i'~ transmission systems and the wastewater treatment facility to be utllised, upon receipt thereof. C) If an interim on-site water supply, treatment and transmission facility is utilized to serve the propoled project, it must be properly sized to supply average ,.. and peak day domestic demand, in addition to fire flow demand at a rate approved by the appropriate Fire i' Control District servicing the project area. ~. D) Construction and ownership of the water and lower facilities, including any proposed interim water and/or sewage treatment facilities, shall be in compliance ~.~'.. with all Utilities Division Standards, Policies, Ordinances, Practices, etc. in effect at the .time <'>. construction approval is requested. "'=~ E) Detailed hydraulic design reports covering the water ~ ~. distribution and sewage collection and transmission systems to serve the project must be submitted with the .'i~' construction documents for the project. The reports shall list all design assumptions, demand rates and other factors pertinent to the system under consideration. F) At such times treated effluent is available from Collier County, the County and developer shall enter .... into an Effluent Agreement. The project's. Developer(s) his assigns or successors shall construct and utilize · an on-site secondary distribution system for the use of ~', treated effluent within the golf course and common areas, for irrigation purposes. The owner would be .~';' responsible for providing all on-site piping and ~z pumping facilities from the County's point of delivery to the project and will pcovide full wet weather 6-12 on-site storage facilities as either a tank or surface storage, at developer's option in the golf course or maintenance area tracts, as required by the DEE, consistent with the volume o~ tr-ated wastswater to be utilized. Treated effluent ~'ill ba supplied to the schedule. The secondary distribution system shall he constructed pu~auanL to the findings of a detailed hydraulic design report. The report must be lubmitted with the construction documents for the project. The report shall list all design allUmptionl, demand rates and other factors pertinent; to the system under consideration. The existing off-site water facilities of thl District must be evaluated for hydraulic capacity to serve this project and reinforced as required, if necessary, consistent with the County'~ 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. The on-site water distribution system to serve the project shall be connected to the Diltrict'l 12 inch water main on Immokalee Road, extended throughout the project and looped to the Dil~trict's water facilities on Airport Road, consistent with the findings of item G above. During design of thais facilities, the following features shall be incorporated into the distribution system~ a) Dead end mains shall be eliminated whenever possible by looping the internal pipeline network. b) Stubs for future system interconnection with adjacent properties shall be provided to the south property lines of the project, at a looation to be mutually agreed to by th(~ Utilities Division and the Developer during the design phase of the p~oject. The existing off-site sewage transmission facilities of the District must be evaluated for hydraulic capacity to serve this project, improved as required outside the project boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities and extended within the project limits as required. 6-13 J) The Utilitiss'Division will not be in a pOlition to approve Cortificatcs of Occupal~cy for structures within the project tmtil the on-site end off-site ssweraqe '' facilities and on-site and o~f-site water distribution i... facilities previously stipulated h~ve been completcd, conveyed to the District and placed into service, the County's water transmission ~acilities to serve North Naples have been completed and placed into service, and ~ satisfactory documentation has been submitted to the {~'~.: Utilities Administrator verifying that adequate fire ~ flows exist within the project site, as specified by the Utilities Division and/or the appropriate Fire Control District. ~ 6~08 Sunset PrOViSion "'~ ,~ The project developsr shall make a good faith effort to ~ obtain a development order for infrastructure improvements % including utilities, roads, and similar improvements ' roquired by the PUD M~ter Plan for at least fifteen '.' percent (15%)' of the gross land area of the PUD within 'five (5I years of ~he dato of PUD approval by the Board County Commissionera~ and shall make a good faith e~ort '~,' ~ to receive a final local development order for at least fifteen percent [15%) o! tbs total number o[ approved ~dwelling unite within seven (7) years of the date o! POD . approval by the Board of County Commissioners. The project developer shall subnit to the Collier County ~ Planning Services ~anagar a status report on the progress of develop=ent on or before October 8, 19~$. The singular purpose of the report will he to evaluate whether or not ~:: .... the project has commenced in earnest in accordance with the criteria set forth above. . ~ Should the Planning Services Manager determine that the ~ development has commenced in earnest, then the land shall .~. retain its existing PUD approval and shall not be subject to additional review and consideration of new development standards or uae modification. 'Should the Planning. Services Manager determine that the .;. development has not commenced in earnest, then upon review and consideration of the report provided by the owner and any supplemental'information that may be provided, the Board o£ County Commissioners shall elect one of the .. ,~,.. 1. To extend the curr~nt PUD approval for a period o.f two i~. years or a greater period of time~ at the end of which time, the owner will again submit to the procedure as defined herein. iL~.' 2. Require the owner to submit an amended PUD in which the unimproved portions of the original PUD shall be consistent with the Growth Management Plan. The existing PUD shall remain in effect until subsequent " action by the Board on the submitted amendment of the ~ PUD. 3. If the owner fails to submit an amended PUD within 6 months of Board action to require such an amended submittal, then the ~oard may initiate proceedings to .rezone, and subsequently rezone the unimproved portions of the original PU~ to an appropriate zoning classification consistent with the Future Land Use Element of the Growth ~anagement Plan. ,00 244 ~, 6-15 ~ ~. JAI~E$ C~ GILES, Clark of Courts ~n and for the 'TWentieth Judicial Circuit, Collier County, Florida0 do hereby certify that the fore~oing is a true copy of: ~/ · OrdinanCe No. 92-24 which was adopted by the Board of County Commissioners on the 28th day of April, 1992, during Regular Semslon. WITNESS my hand and the official seal of the Board of ~ County Commissioners of Collier County, Plorlda, this 30th d%..of APril. JAMES C. GILES · ' '...'% Clerk of ~ourtm and Cle~.' . ". Ex-officio to Board of~. '. County Commissioner~ / By: /s/Maureen Kenyon ~.: Deputy Clerk