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Ordinance 92-025 ~ ' ORDINANCE NO. 92- 2~ "~I~ AN ORDINANCE AMENDING ORDINANCE NUMBER \ 91-102 THE COLLIER COUNTY LAND · '. DEVELOPMENT CODE %~ICH INCLUDES THE ~'i. COMPREHENSIVE ZONING REGULATION~ FOR THE · . UNINCORPORATED AREA OF COLLIER COUNTY, ')' FLORIDA BY AMENDING T~E OFFICIAl, ZONING ATLAS MAP NUMBER 9513N~ BY CHANGING THE ~' ~'; ZONING CLASSIFICATION OF T~E ~EREIN DESCRIBED REAL PROPERTY FROM "A" AND "A"ST" TO "PUD" PLANNED UNIT DEVELOPMENT ."" KNOWN AS KENSINGTON PARK FOR A MIXE~ USE ~ESIDRNTIAL DEVELOPMENT FOR PROPERTY LOCATED ON THE SOUTH SIDE OF ~INE RIDGE ROAD, APPROXIMATELY 1/4 MILE EAST O~ THE · INTERSECTION OF PINE RIDGE ROAD (C.R. 896) AND AIRPORT-PULLING ROAD (C.R. 31), LOCATED IN SECTION 13, TOWNSHIP 49 SOUTH, ? RANGE 25 EAST, COLLIER COUNTY, FLORIDA, .~ CONSISTING OF 369 ACRES; AND BY PROVIDING AN EFFECTIVE DATE. ~ .W~.., William C. McAnly, P.E. of William C. McAnly A~sociatee, P.A., representing John N. Brugger, petitioned the Board of Commissioners to change the zoning clas~ification of the herein ~ecribed real property; NOW, THEREFORE BE IT ORDAINED by the Board of County Commissioners Collier County, Florida: ~!~c. The Zoning Classification of the herein describe~ real property in Section 13, Township 49 South, Range 25 East , Collier ~'Cotmty, Florida,is changed from "A" and "A""ST" to "PUD" Planned Unit in accordance with the Kensington Park PUD document, hereto as Exhibit "A" and incorporated by reference herein. Official Zoning Atlas Map Number 9513N, as described in Ordinance ~er 91-102, the Collier County Land Development Code, ~s hereby accordingly. This Ordinance shall become effective upon receipt of notice from Secretary of State that this Ordinance has been filed with the of State. <~ . mm mm PASSED AND DULY ADOPTED by the Board of County Commissioners of i¢ollter County, Florida, this ~ day of_ ., 1992. BOARD OF COUNTY COI~2~ISSIONERS . ' COLLIER COUNTY, FLORIDA J~S O: G~S,;, ~ MICHAEL J OLDE, CHaI~N ~ ~ FO~.~ID ~GAL SUFFICIENCY ~ ~ 'A~EY O~IN~CE ~reta~ of State's Off~ KEN~'I'N~3TON PARK ~:',~ .~- PLANNED UNIT DEVELOPFIF/~ PREP,'sRED FOR: JOHN N. BRUGGER, TRUSTEE PREPARED BY: HCANLY, ASHER & ASSOCIATES P.A. PROFESSIONAL ENGINEERS, PLANNERS & LAND SORVEYORS 5101 TAMIAMI TRAIL EAST : SUITE 202 NAPLES, FLORIDA 33962 DATE FILED DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE:NUMBER PAGE LIST OF EXHIBITS I ?' STATEMENT OF COHI~LIARCE & SHORT TITLE II ".,. SECTION I PROPERTY OWNERSHIP & DE:~CRIPTION 1-1 SECTION II PROJECT DEVELOPMENT 2-1 SECTION III RESIDENTIAL DEVELOPMENT 3-1 SECTION IV COMMONS/RECREATION AREA 4-1 ~-' SECTION V PRESERVE AREA 5-1 SECTION VI BUFFER AREA 6-1 '~'~ SECTION VII DEVELOPMENT COMMITMENTS 7-1 LIfJ~ OF BXKIBITH & ~;~EH .'? .... VICINITY MAP (Page 1-3) TAB~' I DEVELOPMENT STANDARDS (Page 4-6) EXHIBIT A Plannedi'Unit D~velopment Master Plan (Prepared by McAnly, Asher & Associates P.A.) EXHIBIT B Planned Unit Development Tract Map STATEMENT OF CO~PLI~N~E The development of approximately 369 acres of property in Collier County, aa a Planned Unit Development to be known as Kensington Park will be in compliancm with the planning goalm an~ objectives of Collier County as se*: forth in the Comprehensive Plan. The r,sidential and recreational facilities of Kensington Park will be consil~tent with the growth policies, land development regulations, and applicable comprehensive planning objectives'for the following reasons: 1) The"-eubJ'ect property is within the Urban Residential Land Use Designation as identified on -'..~'_ the. 'Future:Land Use Map as requiru~ in Objective 1, Policy 5.1 and Policy 5.3 of the Future Land 5'::~:2~': T Use ..Element ......... ~' 2) The subject property's location in relation to : 2'2'.-'.' existing or proposed community- facilities and services permits the development's residential '{: density as required in ObJ,~ctive 2 of the Future Land Use Element. 3) The proposed residential d~nsity of 1.6 dwelling units per gross acre is less than that defined by the Density Rating System in the Future Land Use Element. Policy 5.1 of the Future Land Use ~:~ Element requires that new residential zoning be ~i: at a density equal to, or less than that defined by the Density Rating System. : , 4) The project development is compatible and ~ ~' complementary to existing and future surrounding :. ~ :~.! land uses as required in Policy 5.4 of the Futura ~. .~, Land Use Element. i:.~ 9< 5) The project's development will adhere to the provisions of Collier County's Land Development Code as set forth in Objective 3 of the Future t :. Land Use Element. ~ ,::~/ 6) The project development will result in an efficient and economical extensio~ of community facilities and services as required in Policies ~., ~'~ 3.1.H and L of the Future I~nd Use Element. '.>:~.' 7) The project development will incorporate natural ,,,~. systems for water management in accordance with .'; their natural functions and capabilities as set ~ forth in Ordinance 90-10 and Collier County's Land Development Code as required by Objective 1.5 of the Drainage Sub-Element of the Public '~' Facilities Element. I)52.,.: SECTION I ..=: PROPERTY OWNERSHIP AND DESCRIPTION ..... :.vThe 9urpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of Kensington Park PUD.. 1.2 LEGAL DESCRIPTION: The subject property being approximately 369 acres, is described as a parcel of land located in Section 13, Township 49 South, Range 25 East, Collier County, Florida, more particularly described as follows: Commencing at the Northeast corner of Section 13, Township 49 South, Range 25 East, Collier County, Florida and run North 89'31146- West along the Northerly line of said section 13 for 1384.78 feet; thence run south 00'28'14" West for 75.00 feet to the intersection with the Southerly Right of Way line of County Road 896 (Pine Ridge Road) to the POINT OF BEGINNING; thence run South 00'2:~'59" East for 1241.64 feet; thence run South 89'23'53" East for 873.06 feet; thence run South 00'15'37" East for 1327.03 feet; thence run South 00'09'47" East for :73.36 feet; thence run North 89'50'13" East for 390.00 feet; thence run south 00'09'47" East for 430.00 feet; thence run South 89'50'13" West for 390.00 feet; thence run South 00'09'47" East for 2126.60 feet to the intersection with the Southerly line of said section 13; thence run North 88'56'26" West for 2922.26 feet; thence run North 00'34'51" West for 2623.27 feet; thence run North 89'14'12" West for 689.41 feet; thence run North 00'38'53" West for 2543.98 feet to the intersection with the aforementioned Southerly Right of Way line; thence run South 89'32'39" East along said Right of Way for 1384.73 feet; thence run South 89'31'46" East for 1357.00 to the Point of Beginning, subject to easements, restrictions and reservations of record. PROPERTY OWNERSHIPZ The subJec~ property is currently under the ownership · of John N. Bruggsr, as Trustee. '1.4 SHORT' TITLE: Th~.s'~rdinance shall 'be known and cited as the ?Kensington'Par~ Planned Unit Development Ordinance." 1.5 G~ERAL DESCRIPTION OF PROPERTY ~REA= A.. The project site is located in Section 13, ~' 'Township 49 South, Range 25 East. Furthermore, the subject property is located south of Pine .... Ridge Road~ approximately ~/4 mile east of the '~' intersection of Airport-Pulling Road and Pine Ridge Road. (See Vicinity ~ap on following page) B. The zoning classification of the subject property prior to the date of this approved PUD Document was A, Agriculture and A ST, Agriculture with a Special Treatment overlay. 1.6 PHYSICAL DESCRIPTION: The project site is located adjacent and to the south of Pine Ridge Road, and approximately 1/4 mile east of Airport-Pulling Road. The project site. lies in the tributary drainage basin of the D-2 (I-75) Canal tributary, of the Golden Gate Canal System, with ultimate outfell into Naples Bay via the Gordon River. Existing elevations range from +6.4 to +14 N.G.V.D. The water management system serving Kensington Park PUD consists of 51 acres of lakes and 20 acres of preserve areas which receive all runoff from the residential areas, roads, and natural areas. Runoff is collected from the roads and residential areas by catch basin and culvert systems. Runoff from buffer and natural areas is directed over grassed areas to catch basin and culvert systems for conveyance to the preserve areas and lake system. 1-2 i 52 t4 B.~T,C .' 13/. ' ' ~ST 18 : SITE CCN~R . [~ ~ 24 1l P~ 0 ~. CENTF'AL ~ NAPLE S 5'~' VICINITY MAP limestone substratum, and Halandale fine sand, with limestone substratum and' Copeland fins sand depressional and Urban Land in the northerly, areas of the site. Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the -- U.S. Sollm Conservation Service ill January, 1.7 PROJECT DESCRZPTION: ... The Kensington Park PUD shall be a single/multi-family residential development with diverse recreational amenity opportunities. The amenities proposed to be provided in the project include, but are not limited to an 18 hole golf course and related support facilities, structures designed to provide social and recreational space, lakes, natural and landscaped open spaces, and a wide variety of outdoor recreational opportunities. Each individual singl~-family lot, and each multi- family parcel will be served with publicly provided utilities, including potable water, sanitary sewer and electricity. Also, additional services will be provided as deemed appropriate. Prior to commencement of construction of the residential development, the agricultural use of the property shall be allowed to continue as provided for in Sections II, III, IV and VII of this document. SECTION II PROJECT DEVELOPMENT Tha':~'~rpb's-e bf this Section i~ to delineate end generally describe the project plan of development, the respective land uses of the tracts and development parcels included in the project, as well as the project criteria for Kensington Park. ?.--*'._. ~: GENERAL:.. - ' -. ' .... A. Regulations for development of Kensington Park · "PUD shall be in accordance with the contents of this document, PUD-Planned Unit Development parts of the Collier County Land Development Code in effect at the time of building permit application. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the Land Development Code shall apply. S. Unless otherwise noted, the definitions of all terms shall bm the same as the definitions set forth in Collier County Land Development Code in application. .. C. All conditions imposed and all graphic material presented depicting restrictions for the development of Kensington Park PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. D. Unless specifically waived through any variance or waiver provisions from any other applicable regulations, the provisions of those regulations not otherwise provided for in this PUD remain in full force and effect. E. Development permitted by the approval of this petition will be subject to a concurrency review under the provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next to occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2-1 F. Prior to commencement of ~onstruction of the residential development, the agricultural use of the property shall be allowed to continua until December 31, 1993. G. The golf course and related facilities ,hall be private, for the exclusive use of it's m~mbers or guests. However, daily greens fee play and use o£ related facilities ~hall nnly be allowed for a period of tour (4) years after the date of issuance of the Building Permit for either the golf clubhouse or any residential unit, or upon C~ ~he sign'ing of the three hundredth (300th) permanent'member of the Kt~nsington golf club, ~ .... whichever-is sooner. Thereafter, daily greens fee play shall be limited to property owners of the development. 2.3 PROJECT PLAN AND LAND USE TRACTS: A. The project Master' Plan, including layout of streets and general depiction of land use, is iljustrated graphically by Exhibit "A", PUD Master Plan. The project Tract Map identifies approximate acreage an~ land use of the various tracts and development parcels, and ia iljustrated graphically by ~xhibit "B", PUD Tract Map. There shall be land use tracts, plus necessary water management lakes, street rights- of-way, the general configuration of which is also iljustrated by Exhibit "A". Minor modification to all tracts, lakes or other boundaries may bm permitted at the time of Preliminary or Final Subdivision Plat or Site Develop=ant Plan approval, subject to the provisions of Section 2.7.3.5 of the Collier County Land Development Code. ,::~ + TYPE UNITS ACREAGe- #A" RESIDENTIAL 600 123 "CR" COM}{ONS 0 219 ;TRACT "P" PRESERVE 0 20 "S" BUFFER 0 7 2-2 B. Areas iljustrated as lakes ~Y' Exhibit hA" shall be constructed lakes or, upon approval, parts there of may be constructed as shallow, dry depressions for water detention purposes. Such areas, lakes and dry areas shall bm in the same general configurat(on, and contain the same general acreage as shown by Exhibit "A". C. In additio, to tho various areas and ~pec,ific items ~hown in Exhibit "B", such easomsnts as necessary '(utility, private, acml-public, common usa, etc.) will be established within or along the various tracts as may be necessary. MAXIMUM PROJECT DENSITY: A maximum of 600 residential dwelling units, single and. multi=family, may be constructed in the total ~roJect area. The gross project area is approximately 369 acres. The gross project density, therefore, will be a maximum of 1.6 units per acre. PROJECT PLAN APPROVAL REQUIREMENTS: A. Prior to the recording of a Subdivision Plat, and /or Condominium Plat for ell or part of the PUD, final plans,.of all.~squir~d improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the County Land Development Code and the platting laws of the State of Florida. B. Exhibit #A", PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any division of property and the development of the land shall be in compliance with the County Land Development Code, and the platting laws of the State of Florida. C. The provisions of Division 3.3 of the Collier County Land Development Code, when applicable, shall apply to the development of all platted tracts, or parcels of land as provided in said Division prior to the issuance of a building permit or other development order. .. D.' The development of any tract or parcel approved :-' for residential dsvalopm,a~t contemplating fee s~mple ownership of land fo~ each dwelling unit i:' shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance w~th the requirements bf Division 3.2 of the 17, Collier County Land Development Code or prior to the submittal of construction plans and plat for ~.: any portion of the tract or parcel. E. Appropriate instruments will be provided at the time of infrastructur.1 improvements regarding any dedications and method for providing perpetual maintenance of common .facilities. ~ F. The golf course and related support facilities, consisting of non-habitable structures, may be developed prior to the approval of Subdivision Construction Plans and Plat, subject to approval "' of an Early Work Agreement by Collier County Development Services staff and the Board of County Commissioners. Use of these facilities may. not occur until the required plat is recorded, all support infrastructure is completed, and preliminary acceptance for the improvements is granted by the Board of County Commissioners. · 2.6 GENERAL DESCRIPTION OF RESIDENTIAL DEVELOPMENT: Areas designated for residential land uses on Exhibit #A" ara designed to accommodate e full range of residential dwelling types and customary accessory Approximate acreages of all residential' tracts have been indicated on Exhibit "A", and Exhibit "B", in order to indicate relative size and distribution of' the residential uses. These acreages are based on conceptual designs and must be considered to be ~' approximate. Actual acreages, configurations and · densities of development tract~ will be provided at :'~ the time of development plan approval in accordance · . with Section 2.5. 2.7 DEDICATION AND MAINTENANCE OF COMMON FACILITIES: Easements shall be provided for water management areas, rights-of-way, utilities and other purposes as required. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities in compliance with applicable regulations in effect at the time of adoption .of this Ordinance establishing the Kensington Park PUD. 2-4 A property owners organization shall be created and shall be assigned rasponsib~lit¥ for operation, maintenance and management o~ all commonly owned lands, facilities and waters within the project. MODEL HOMES: No more than three "Dry Model:s" may be constructed prio~o. recording of a pla*: for the project if applied for by the project owner. Site(s) for the model(s) must conform to zoning standards and be located' on a future platted lot. A metes and bounds legal description shall be pro~lded on the site plan required as part of the buil~ling permit issuance. Access shall be provided to each model from the model serving as 'a "sales center" or an approved independent "Sales center". Access shall be for pedestrian traffic only, no paved road will be allowed. A "Sales Center" may be construe:ted prior to recording of a plat. The "Sales Center", which may also be a model, shall be limited to one ~tructure (one building permit). It may be serviced by a temporary utility system (is: dry well and septic tank/drainfield) prior to availability of central utility systems at which time connectio~ to the central system will bm made. Interim fire protection facilities in accordance with NFPA requirements are required unless a permanent water system is available to se~e the Center. Review end approval of the "Sal~s Center" shall follow .. the recl%~irements of the Site Development~ Plan process (Collier County Land Development Code, Division 3.3). A metes and bounds legal descri~,tion shall be provided as part of the application. Access to the "Sales Center" shall be provided by a ~,aved road or temporary driveway which meets County standards. A water management plan must be provided which accommodates the runoff from the "Sales Center", the required parking and access road/driveway and any other impervious surfaces. The system shall be designed to fit in with the master water management system for the entire development. At the time of building permit application for a "Sales Center" a Temporary Use Permit shall be obtained. "Sales Centers" may not be occupied until a Certificate of Occupancy is issued. Models must obtain a conditional Certificate of Occupancy for model purposes only. Models may not be occupied until a permanent Certificate of Occupancy is issued. 2-5 SECTTOH TXT RESTDENTXA~ DEVELOPHI'~T · 1 PURPOSE: The purpose of this Section is to identify specific development standards for ar~as proposed to be developed with residential land uscs. 13.2 HAXIHUH DWELLING UNITS= The maximum number of residential dwelling units allowed, within the. PUD shall be established et the t~me of development plan review, but shall not exceed 600~welling units, 3.3 USES PE~HITTED: No building or Itructure, or part thereof, shall be altered or used, or land used, in whole of part, for other than the following: A. Principal Uses: !~ 1) Single family detached and attached, zero lot line and patio homes. Attached single ,~ family dwellings shall hereforth be defined f~ as no more than eight (8) residential ~ dwelling units which are structurally ~ integrated and which may h~ve a common roofline. -. 2) Villas, townhouses and garden apartments. Garden apartments shall hereforth be defined as a single structure containing more than three dwelling units, which does not have assigned off-street parking facilities structurally attached to each individual . dwelling unit. !~i~' 3) Model Homes (See Section 2.8 of this PUD ~. document). L, 4) Cjuster Housing: On a unified plan of ~ development, some development standards set v forth in this Section may be reduced ~ provided a common architectural theme i~ · ~ followed. See Section 3.6. ~'::I 5) Interim agricultural land uses prior to ,?~ commencement of co~struction of the residential development. Such interim agri'~u~tural uses shall cease on or before December 31, 1993. 6) Along the south boundary, single family detached only. · B. Accessory Uses: ~}; - [1 Customary accee.ory usos and .tructures including but not limited to private garaggs, tennis facilities and swimming pools with or without screened enclosures. 2) Accessory uses and structures customary in · . multiple family r~eidential projects, including private garages, recreational buildiDgs, equipment and associated facilities. ~) Utility facilities and, or easements ~. (including rights-of-~ay easements). 4) Signage. 5) Project Bales and administrative offices, which may occur in residential or '~ recreational buildings. 6) Water management facilities/lakes. 7) Commercial excavations as provided for by Collier County's excavation regulations .:,. '. (Collier County Land Development Code, .. Division 3.5). :' 3.4 RESIDENTIAL LANDUSE INTEGRITY= The mixing of single family detached housing units ~i~h any other form of multiple family housing structures shall no~ be permitted within the same platted tract of land where platted tracts exist, or on lots platted for the expressed purpose of accommodating the placement of a single family detached housing DEVELOPMENT STANDARDS: A. GENERAL: Except where noted, all criteria listed below shall be u~derstood to be in relation to individual parcel or lot boundary lines or between buildings. Setback/yard requirements set forth below shall not apply to interior phase boundaries nor interior condominium/ homeowner's association(s) boundaries. 3-2 MINIMUM LOT OR PARCEL AREA: Lot area is that area assigned to an individual dwelling unit. Parcel area is that area assigned to an individual building which may contai~ more than one dwelling unit. 1) Singlo famil.~ dotach~d~ 6,000 square feat p,~r lot. 2) Attached single family lot: 1,000 square feat for single story units; 1,200 square feet for two (2) story units. However, each .... dwelling unit.shall have a gross area ralation~;hip within a unified plan of development so that no less than 2,500 square feet of parcel area is attributable to each dwelling unit in addition to any area covered by a dwelling structure. 3) Zero lotline and Patio homes: 4,000 square feet per lot MINIMUM LOT/PARCEL WIDTH: Lot width is the average width of the lot assigned to an individual dw.mlling unit. Parcel width is the average width of the parcel assigned to an individual building which may contain more than one dwelling unit. 1) Single family detache~ residences= a) Corner Lots: Seventy (70') feet. b) Interior Lots: Sixty (60') feet. 2) Single family attached residences: Lot width may ~0e the same width as the individual single family dwelling unit. Parcel width shall be determined at the time of development plan review. 3) Zero lot line and patio homes: Forty (40') fe~t per lot. 4) Villas, townhousoe and garden apartments: One hundred (100') feet per parcel:. 3-3 MINIMUM YARD REQUIREHENTS: 1) Single family, detached: Front yard: Twenty-five (25') feet. Side yard: Seven and one half (7.5') feet. Rear yard: Twenty (20') f~et. Accessory use rear yard, Ton (lU'~ feet*. 2) Single family, attached: Setbacks for aide yards shall be measured from parcel boundaries. A minimum distance of fifteen (15') feet, or one-half (~) the sum of the heights of adjacent residential buildings, whichever is greater, shall be maintained between structures. Front yard: Twenty (20') feet. Side yard: Seven and one-half (7.5') feet. Rear yard: Twenty (20') feet. Accessory use rear yard: Five (5') feet*. 3) Zero lotline/Patio homes: Front yard: Twenty (20') feet. Side yard: Zero to five (0-5') feet on the zero lot line side; a roof overhang not to exceed thirty (30") inches shall be allowed, subject to the recbrding of a three (3') foot access easement. Rear yard: Fifteen (15') feet. Accessory use, side and rear* yard= Five (5') feet. Minimum distance between structures: Ten (10') feet. 4) Villas, townhouses and garden apartments: Front yard: Twenty-five (25') feet. Side yard: Ten (10') feet. Rear yard: Twenty (20') feet *. A distance of fifteen (15') feet, or one-half (1/2) the sum of the heights of adjacent structures, whichever is greater, shall be maintained between structures. Accessory use rear yard: Ten (10') feet*. 3-4 E. MiNIM%7{YARDS - ACCESSORY ST~bCTURE(S): 1) Front Yard: Same as principal struoture~ however, garages not accessed from the Right-Of-Way may be ten (10') f~et. 2) Side Yard= Same as pr£ncip~l structure. 3.4.D above, or zero (0)*. * - Rear Yard: Fifteen (15') feet along the south boundary. Where a parcel abuts a golf course: zero (0) feet. Where a parcel abuts a lake: zero (0) feet may be allowed provided the perimeter of the lake is bulkheaded in accordance with Collier County Ordinance N6. 91-102 and SFWMD rules. F. MINIMUM FLOOR AREA: 1) One Story Single Family Structures: One Thousand (1000) square feet. 2) TWO Story Single Family Structures: One Thousand Two Hundred (1,200) square feet. 3) Villas, townhouses and garden apartments: Seven hundred-fifty (750) square feet. G. OFF-STREET PARKING AND LOADING REQUIREMENTS= As required by Collier County Land Development Code in effect at the time of building permit application, however, egress onto any street for villas and townhouses, with structurally attached garages, shall be the same as for single and two family residential dwellings. MAXIMUM HEIGHT: 1) Villas, townhouses and garden apartments= principal structure - three habitable stories. 2) All other principal structures - thirty (30'} feet from finished floor elevation. 3) Accessory Structure - fifteen (15') feet, ex~ept pool enclosures which may be twenty-five (25') feet. · LANDSCAPING AND BUFFERING: Unless otherwise specif'[ed in this Section, landscaping shall be in a~:cordance with Collier County's landscaping requirements in effect at the time of building permit application. All villa, townhouse and garden apartment land uses shall be buffered ~rom abutting single family type residential ].and uses with a five (5') foot wide area generally parallel to the property boundaries. Said buffer shall have vegetative hedge plant: material and, or fencing/wail (not to exceed six (6') feet), to .achieve an 80% opaque condition, thirty-six (36") inches in height, one (1) year after It is not mandatory that: the buffer area be installed to abut parcel boundaries. This requirement shall apply tc,, required vehicular use landscaping adjacent to interior property lines, and shall satisfy the County's requirement(s) for such areas. OF-wAyREQUIREDI2%NDSCAPING: ADJAC~,~TTO VEHICULAR RIGHTS- Landscaping adjacent to ve:hicular rights-of-way shall be in accordance with Collier County's Land Development Code. REQUIRED VEHICt~ USE AREA INTERIO~L~DSCAPING: Interior landscaping pertaining to vehicular use areas shall be in accordance with Collier County's Land Development Code. VEHICUTJ~R OVERYJ%NG OF I2%NDSCAPED A.REAS~ The front of a vehicl~ may overhang any landscaped area a maximum of two (2') feet, provided the landscaped area is protected by motor vehicle wheel stops or curbing. TWO feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. CjustER BOUSING: Modification to the development standards provided for in this Section may be approved by Collier County's Development Services Director, or his designee, as a function of approval of a Site Development Plan pursuant to the provisions of Section 2.5 of this document, and Division 3.3 of Collier County's Land Development Code for projects maintaining a common architectural theme. A project shall have a common architectural theme provided all of the following are evidenced in the Site Development Plan application~ A. The architectural style of all of the dwelling units/structures shall be similar in design and in the.use of materials and color; B. The residential project shall have a signature entranceway that serve to identify the entryway to a unified plan of development. The entranceway design and improvement elements shall include some or all of the following: the use of landscape materials, gated structure, water features, sculpture, and ornamental pavement surfaces; C. A landscape theme throughout the entire project that enhances the unified appearance of the project; D. Street materials, signage and lighting shall be complementary and the same throughout the project's accessways. '. 3.7 CjustER BOUSING DEVELOPMENT STANDARDS: A. Minimum Lot Area: The minimum lot area in any ;'~ cjuster housing development may be reduced to no less than three thousand (3,000) square feet for each single family residential dwelling unit. Development of cjuster housing upon a single parcel or tract of land, rather than upon :~ conventional lots, shall provide a minimum of ~:' three thousand (3,000) square feet of open space ~.>~ for each dwelling unit exclusive of any common ~.~ open space required by this subsection. '~,-,~ B. Minimum Lot Width: The minimum lot width in any ~ cjuster housing development may be reduced to no ~i~.' less than forty (40') feet. i'. C. Maximum Lot Coverage: The maximum allowable lot coverage in any cjuster housing development may not exceed sixty percent (60%). Minimum Yards: The minimum%side and rear yards set forth above may bm reduced by up to twenty percent (20%) of the minimum yard requirements When ~hown and approved on a unified plan of development, a zero lot line concept may be utilized for single family detached dwelling units, or in the cass of single family attached dwelling units, a common wall concept may be employed. In either case, the remaining yard shall be equal to the sum of the required side .yards. Zero lot line cjuster housing, shall in ~..addition, conform to th, following: 1) The zero lot line portion of the dwelling unit shall be void of doors or windows. 2) Where non-zero lot line residential land ..... minimum three (3') foot maintenance access 3) Roof overhang shall be no more than thirty inches (30") over adjacent property lines, subject to the recording of a minimum three (3') foot access easement. 4) Thebe reduced.minimum front yard requirements may not 5) In no case shall the separation between principal buildings and structures be lass than ten (10') feet. Common Open Space width and yard requirements below that which would otherwise be required shall be required to provide an equal amount of general area of each cjuster of homes tn the development. 2) Common open space shall be reserved for recreational/social uses, however, utility facilities necessary to serve the development may be located in such areas. 3) Any recreational facilities subject to membership, registration, fees, or otherwise aimed at attracting users which do not have some interest in Kensin~ton Park, shall not be counted as cerumen ope~ space. 3-8 4) .The sale, lease, or other disposition of common open space shall be prohibited except ~i~ to a non-profit corporation or homeowner's ~asociation established under the laws of ~:: Florida to administer and maintain the facilities subject to a deed restriction ~. acceptable to th~ County to limit the use of ..~ said property to common open space. /~..~'. .. - Provisions shall be included to assure the i 5~ A~cess rights to common open space for all iii ,I residents within the cjuster development shall be guaranteed through restrictive covenants. i'~.~?I 6) Land utilized for common open space shall be ~{i restricted to common open space in perpetuity by appropriate legal instruments satisfactory to Collier County. Such instrument shall be binding upon the owner, developer, his successors, and assigns, and shall constitute a covenant running with the land, and be in recordable form. ATTACHED MAID/GUEST QUARTERS: Attached maid/guest quarters, with secondary kitchen facilities (ia: kitchenette), shall be permitted for no more than ~80 single family detached, sero lotline/patio homes and villa residences, subject to the following restrictions, which shall be recorded as deed restrictions: A. Maid/guest quarters shall follow the common architectural theme and be an integral part of the main residential structure. B. Only single family detached, zero lotline/patio homes and villa residences which have 2,800 square feat or more of air conditioned living area shall be eligible to have attached maid/guest quarters. C. Attached maid/guest quarters shall only be occupied by the property owner, domestic employee D. Attached maid/guest quarters ara not a separate dwelling unit, and therefor~ may not be sold, leased, rented, interest transferred or conveyed in any way so as to s~parate said quarters from the description of the residential unit. 3-9 BECTION IV CO~ON8/RECR~2~TION 4.1. PURPOSE= The purpos~ of this Section is to set forth the development plan and development standards for the areas designated as Tract CR, Commons/Recreation Area on Exhibit aB". The primary function and purpose of this Tract will be to provide access and aesthetically pleasing open areas, passive/active recreational areas, and use areas intended to satisfy the residentts basic needs for a quality recreational opportunity~ Any recreational, social, administrative or maintenance facility which may be indicated on the PUD Master. Plan, Exhibit "A", shall be considered conceptual, and the placement of such facilities, as may be indicated on the PUD Master Plan shall be considered non-binding. Except in areas to be used for water impoundment, and principal or accessory use areas, all natural trees and other vegetation, as practicable, shall be protected and preserved. 4.2. USES PERMITTED= No building or structure, or part thereof, shall be erected, altered or used, or land used, in whole or in part, for other than the following= A. Principal Uses= 1) Utility, water management and rights-of-way/access easements. 2) Golf courses and golf cart paths. 3) Structures which house social, recreational, project sales, administrative, or security facilities. 4) Lakes/water management facilities. ~ 5) Slgnage. 6) Open Spaces / Nature Preserves. 7) Pedestrian and bicycle paths, or ....... other similar facilities constructed for purposes of access to, or passage through the co~ons areas. 8) Small docks, pier~ or other such " .-.~--. facilities constructed for -- purposes of lake recreation for ...': . residents of the project. :. 9) Shuffleboard courts, tennis courts, swimming pools, an~ other ._ types of facilities intended for ~:.. ..; outdoorrecrsation. .... 10) Commercial excavations as perBitted by Collier County's excavation regulations (Collier County Land Development Code, Division 3.5). 11) Interim agricultural land uses prior to commencement of construction of the residential development. Such interim agricultural uses shall cease on or before December 31, 1993 B. Accessory Uses= 1) Clubhouse, pro-shop, practice driving range and other customary accessory uses of golf courses. 2) Small establishments,, including golf and tennis equipment sales, restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons of the ,...-~" golf course and other permitted ~.,~ .... recreational facilities. " 3) Customary accessory uses or struc- · tufas incidental to recreational :. ~!' areas and, or facilities, · i~ i. including etructures con,tructed !.:ii~; for purposes of maintenance, storage, recreation or shelter '~' . with appropriate screening and landscaping. ! 4) One (1) caretaker'~ residence. DEVELOPMENT REGULATIONS~ '. A. Overall sits design shall be harmonious in terms of landscaping, enclosure of structures, location of access streets and parking areas, and location of buffer areas. B. All buildings shall be setback a minimum of fifteen (15') feet from all parcel boundaries. C. Structures adjacent to one another shall be ssgarated a minimum of ten (10') feet, or one half the sum of the building heights, which ever ks grsater. D. Lighting facilities shall be arranged in a msnner which will protect roadwaye and neighboring properties from direct glare, or other interfer- E. A Site Development Plan in compliance with the County's development regulations shall be required. F. Maximum Height= 1)Principal Structure: Sixty (60') feet. 2) Accessory Structure: Forty (40') feet. G. Minimum off-street ParkingAnd Loading: 1) Private Golf Course: Four (4) spaces per hole. ~dditionally, one (1) space per. 200 square feet shall be provided for office /lobby /pro-shop /health club /clubhouse /lounge /snack bar/ dining/meeting room areas, of which a maximum one-third (1/~) of this requirement may be grassed and set aside for future parking and shall be paved ae deemed necessary by the Development Services Director and dedicated as such on the Site Development Plan at the time of approval pursuant to Division 3.3 of Collier County's Land Development Code. In addition, 50% of normal requirements for exterior recreation uses including: swimming pools, golf driving range and tennis 'courts shall be provided. .4-3 ,oo, fi52 , t 273 Golf cart, g~lf bag and equipmen~ storage rooms~ maintenance bulldinge~ and rooms for mechanical equipment shall bQ computed'at one (1) space par 1 000 square feet. 2) Recreation (non-golf course)/ Admtn£strative Areas: As raquirac! by Collier County's Land Development Coda in effect at tho time of building permit application. 3) Loading Areas= As required by Collier County's Land Development Code in effect at the time of '' building permit application. Unless otherwise specified in this Section, landscaping shall ba in accordance with the landscaping requirements of the Collier County Land Development Coda in elf.ct at the time of building permit application. All recreational areas (excluding golf course areas), recreational, administrative/social and maintenance buildings shall be buffered from abutting residential lands with a five (S') foot wide area generally parallel to the entire length of abutting residential/non-residential parcels boundaries. Said buffer shall have vegetative hedge plant material and, or fencing/wall (not to exceed six (6') feet), to achieve an a0% opaque conditiom, thirty-six (36") inches in height, one (1) year after installation. It is not mandatory that the buffer area be installed to abut parcel boundaries. This requirement shall apply to, required vehicular usa landscaping adjacent to interior property lines, and shall satisfy the County's requirement(s) for such areas. REQUIRED LANDSCAPING ADJACENT TO VEHICULAR RIGHTS- Landscaping adjacent to vehicular rights-of-way shall be in accordance with Collier County'. La.d Development Code. 4-4 REQUIRED VEHICULAR USE AREA INTERIOR LANDSCAPING: Interior landscaping pertaining to vehicular use Th~ front of a vehicle may overhang any landscaped area a maximum of two (2') feet, provided the landscaped area is protected by motor vehicle wheel stops or curbing. Two feet of such landscaped area or walkway may be part of the required depth of each abutting parking space. One. (1).~golf course caretaker's residence shall be permitted subject to the following: 1) The residence shall be constructed as an integral part of the main golf course clubhouse facility and shall be entered from within the clubhouse facility. Exits required to comply with fire codes shall be 2) The caretaker's resider, ce shall be an accessory usa and shall be for ~ha exclusive uss of the property owner, tenant, or designated employee operating or maintaining the golf course and, or it's facilities. 3) Off-street parking shall be am for a single- family residence in accordance with Collie= County's parking requirements in effect at the time of building permit application. Parking for the caretaker's residence shall be in addition to any other required parking facilities. 4-5 ;~. ST~$ F~I~Y F~ILY LINE/PATIO G~ ~TS USES ~'~, t ~ ,,, D~A~ED . A~AC, ED ,0MES TO, HOUSES ::~?~ zaw ~,ooo s~' ~,ooo s~ 4,000 s~ xor ~oT ~oa 3,4B.2) WI~ 60~INT. AS ~IT PER ~T PER P~CEL APP. ~O~ Y~ 25 'FE~ 20 FE~ 20 FE~ 25 FE~ 15 ~. 7.~ FE~' ~ 7.'5 FE~ 0-5 FE~ 10 FE~ 15 ~. 20 FE~ 20 FE~ 15 FE~ ~* 20 FE~ 15 ~. 25 FEET ' *** 20 FEET 20 FE~'~ *** 25 FEET 15 F~. 7.5 FEET 5 FEET 0-5 FEET 10 FEEl' 15 *.10 FEET **5 FEET **5 FEET ** 10 FEET 15 FT. 1,000 SF I STORY 750 SF NOT FLOO~ A/~EA 1,200 SF 2 STORY BETWN. 15 FEET Il, FE~T OR I 10 FEET 15 FEET OR 10FT. ? p~c. s~. 1½ sum oF HTI 1/2 SUM OF HTS I I 30' PRIN. ~ 30' PRIN. ~ 30' PRIN. 3 STORIES P. 60" P. ~15t ACC. J e15' ACC. J ~15' ACC. ~15' ACC. 40' A. :: NOTES: Lot area is that area assigned to an individual dwelling unit. .';~ Parcel area is that area assigned to an individual building which ~ ~. may contain more than one dwelling unit. ,. Lot width is the average width of the lot assigned to an '~ /t~ individual dwelling unit. · ~ Paros1 width is the average width of the parcel assigned to an "' ~% individual building which may contain more than one dwelling , :: .~ unit. ~3:: J Cjuster housing develop=ant standards ara sat forth in · ~ ~ Section 3.7. ,,::.? * Se%backs for side yards shall be measured from parcel boundaries. .-~. me '~Fiftesn (15') feet along the south boundary. Where a parcel ~". ~abuts a golf course: zero (0) feet. Where a parcel abuts a ~:=lake= zero (0) feet may be allowed provided the perimeter of ~.the lake is bulkheaded in accordance with Collier County 5Ordinance No. 91-102 and SFWMD rules. ~** ~arages not accessed from the Right-Of-Wa~ may be ten (10) feat. . Pool enclosures may be twenty-five (25) feet. 4-6 SECTION V PRESERVE AREA PURPOSE I'. ...... The purpo.e of thJ. Sectio~ i. to ..~ for,h th. der. l- Preserve Area on Exhibi2 "B". The primary and purpose of this Trac~ will be ~o preserve pro~ec~ ,ative flora a~d fauna i, ~t~s ~atural USES P~ED: natural a~ent~les by the residents of ghe project, subject to receipt of appropriate pe~s. SECTION VI BUFFER 'AREA: The purpcss of th. Section ia to ~et forth the development plan for the areas d..ignated a. Trac: S, Buffer ~ea on Exhibi~ "B". Trac~ "S", Buffer ~ea, an easement intended to pro=ac2 residential land uses from more intensive residen=lal land uses, possible impacts from adjacent roadways and, or non-residen=ial land usaa. Although no structures other than those se~ forth in this Section may be located within buffer easements, buffer easements shall be included In yard re~irements set forth elsewhere in this document. USES P~I~ED: No structure or part thereof, shall be erected, altered or used, or land used, ~n whole or In part, for o~er than ~e following: A. Principal Uses: 1) ~ndscaped buffer~ existing ha=lye plant types may be utilized and, or; 2) Earthen be~s and, 3) Fences/walls: Nine (9'} foot maxim~ height. 4 ) Signage. B. Accesso~ Uses: 1) Water, sewer and drainage facilities as required by the Final Construction Plan. DEVELOPMENT REGULATIONS = A. The buffer area shall not be less than ten (10') feet in width along the north end south project boundaries and the project boundary adjacent to tho southwesterly preserve area. Ail other land use buffer widths shall be in accorda~ce with Collier County's Land Development Code. Land use buffer widths shall bo measured at right angles to property lines, and shall be established along the entire length of, and contiguous to the designated project boundary line. maintained es to be eighty (80%) percent or more opaque between three (3') and eight (8') feet above average ground level when viewed horizontally. Plantings used for buffering shall be of a size and type which will insure compliance with the eighty (80%) percent opacity requirement within no longer than twelve (12) months of the completion date of first planting. C. Types and numbers of plantings for buffers shall be submitted with application for Preliminary Subdivision Plat, or Construction Plan and Plat review, along with plans and statements demonstrating how the buffer will be irrigated and maintained in the future. D. The area along the south boundary shall be so designed, planted, and maintained as, to be eighty (80%) percent or more opaque between three (3') and eight (8') feet above everage ground level '. when viewed horizontally, including trees spaced no more than thirty (30') feet on center. Plantings used for buffering shall be of a size and type which will insure compliance with the eighty (80%) percent opacity requirement within no longer than twelve (12) months of the date of the first certificate of occupancy issued to a building in this area. davelopmen= commitments for the development of the "All .!agilities shall be constructed in strict accordance with~Ftnal Site Development Plans, Final Su~ivlsion Plans, and all applicable S=ate and local laws, codes and re~lations applicable to this P~ in effect at the time of Building Permit approval(s). Except-where specifically no=ed or sta~ed o~he~ise, the s=andards and specifications of the official County. Land Development Code shall apply to this project even if the land within the PUD ts not to be pla~ted. The Developer, his successor and assigns shall be responsible for the commitments outlined in this doc~ent. The Developer, his successor or assignee shall agree to develop in accordance with Exhibit "A", PUD Master Plan, and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed · to in the rezoning of the property. In addition, the ., Developer will agree to convey to any successor or .. assignee in title, any commitments within this .:, agreement. '~;~"-." :" 7.3 PUD MASTER PLAN: · .',...,' · A. Exhibit SA", PUD Master Plan iljustrates the ; * proposed d~velopment and is conceptual in nature. , '< Proposed tract, lot or land use boundaries shall not be construed to be final and may be varied at any subsequent approval phase as may be executed c at the time of final platting or site development .? plan application. Subject to the provisions of :~:/. Section 2.7.3.5 of the County's Land Development ~'..~ Code, amendments may be made from time to time. l · ,., ~,', ~:~.. ::,:~;4 %, . B. All necessary easements, dedications, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project. ?. 4 SCHEDULE OF DEVELOPMENT: A development plan shall be submitted, wheru required, for a~y.phase.Qf development. The Developer will obtain approval for improvement plans or a development order for infrastructure improvements to include utilities, roads and similar improvements required by the approved PUD Master Plan for at least fifteen (15%) percent of the gross land area of the PUD site within five (5) years of the date O'f'approVal by the Board of County Commissioners, ~bJect ~o the provisions of Section 7.5, below. The Developer reserves the right to develop portions of the project, non-sequential development of portions of the project, or the entire project, as market demands change. Platting of the entire PUD will be required. Phases of development may include construction of residential, social or recreational facilities/ structures, roadway or lake construction. Prior to commencement of construction of the residential development, the agricultural use cf the property shall be allowed to continue until December 31, 1993. 7.5 LIMITATIONS OF PLANNED UNIT DEVELOPMENT APPROVAL: " Unless the land uses proposed by this PUD regulatory document and Master Plan are substantially complete (i.e.: 50% or greater of all infrastructure, including drainage, road, potable water and sanitary sewer facilities, is installed or under construction), the land owner of record shall submit a status report pursuant Section 2.7.3.4 of the Land Development Code. The first of such reports shall be submitted to Collier County on or before the first anniversary of the effective date of the Kensington Park PUD Ordinance adopted by the Board of County Commissioners. Upon receipt of the report, Planning Services shall review said report and present its findings to the Board of County Commissioners. The report shall submit an argument that supports the continued development schedule proposed by the owner. The singular purpose of this review, and the review criteria for the extension of the PUD approval, is whether the development of the PUD has commenced in earnest. 7-2 Should the Board of County Commissioners 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 consid-ration of new development standards or uss modification. Should tbs Board of County Commtss[o'nere determine that the development has not commenced'in earnest, then .upon review and consideration of the report provided by the owner, the Board of County Commissioners shall elect one of the following: 'Extend the current PUD approval for a period of .- two-years or a greater period of time; at the end of which time, the owner will again submit to the ~r:. reporting procedure set forth above. Bi '-ReqUire the'owner to submit an amended PUD which -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. If the owner fails to submit an amended PUD within six months of Board action to require such an amended submittal, then the Board may initiate proceedings to rezone, and subsequently rezone the unimproved portions of the original PUD to an appropriate zoning classification consistent with the Future Land Use Element of the Growth Management Plan. ENGINEERING: A. The developer and all subsequent landowners are hereby placed on notice that they are required to satisfy the requirements of all County ordinances or codes in effect prior to or concurrent with any subsequent development order relating to this site. This includes, but is not limited to, Preliminary Subdivision Plat, Site Development Plans and any other application that will result in the issuance of a final or final local development order. B. Access into each parcel shall be from internal roads only. No direct access to parcels shall be allowed from Pine Ridge Road or the future Livingston Road. fl52,,, 282 -~' C. Work within Collier County Right-Of-Way shall ~-'~ meet the requirements of Collier County Right-Of- ~ Way Ordinance 82-91. D. Petitioner shall obtain letters of n~ objection r. from Florida Power and Light allowing the maintenance site and the road going from Livingston Roan within the Florida Power and ~. Light transmission line easement. . .- 7.7 ~CEPTIONS TO THE SUBDIVISION REGULATIONS: ~i A. Land Development Code, Division 3.2.8.4.16.5, ~ " -Street Right-Of-Way Width: Waived to a minimum ~!~. '~ifty~ (50') feet for the local road along the ~ .~t~r!y prQperty line, adjacent to the southerly · preserve area. · B. 'L~nd"Devel0Pment Code, Division 3.2.8.4.16.5, Street Right-Of-Way Width: Waive the requirement of one hundred thirty (130') to one hundred (100') feet for the 4-lane road at entry. C... Land Development Code, Appendix B, Typical Street Sections and Right-Of-Way Design Standards: Waive the t~pical roadway section to one shown on '- maste..r~.~lans, subject to having sidewalks. D. Land Development Code, Division 3.2.8.4.16.6, Dead-End Streets: Waive the maximum one thousand '/ (1,000') foot length. ~i~ 7.8 UTILITIES: " ~'" A. Sewage collection and transmission facilities to .-?, serve the project are to be designed, constructed, conveyed, owned and maintained in accordance with Collier County Ordinance No. 88- 76, as amended, and other applicable County r~les and regulations. B. Ail customers connecting to the sewage collection facilities to be constructed will be customers of the County and will be billed by the County in accordance with the County's established rates. C. Prior to construction plans and plat approval, a letter from the City of Naples Water District stating that the District has reviewed and approved the water and sewer facilities construction documents for service to the project shall bm submitted. 7-4 D. The project's Developer(s) , his assigns or successors shall negotiate an agreement with the District for the use of treated sewage effluent within the project limits, for irrigation purpose~. The Developer would be responsible for providing all on-site piping and pumping facilities from the county'~ point of delivery to the project and negotiate with thc County to provide full or partial on-site storage facilities, as required by the D.E.R., consistent with the volume of treated wastewater to be utilized.- E. The utility, construction documents for the project's sewerage system shall be prepared so that all sewage flowing to the County's master p.~p station is transmitted by one (1) main on- site pump station. Due to the design and configuration of the master pump station, flow by gravity into the station will not bm possible. 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 County's sewer master plan. F. The existing off-site sewage transmission fa~ilit~es of the District must be evaluated for hydraulic capacity to serve this project and improved as required outside the project's boundary to provide adequate capacity to transport the additional wastewater generated without adverse impact to the existing transmission facilities. TRANSPORTATION: A. A gatehouse/security facility may be provided within the project's main entrance area(s) but shall not be located so as to impede traffic flow on Pine Ridge Road or the future Livingston Road, nor shall such facilities be located within the Pine Ridge Road Right-Of-Way. B. The project access shall be in alignment with the existing median opening on Pine Ridge Road. If gated, the access shall be designed so as not to cause entering traffic to back up onto Pine Ridge Road. C. The developer shall provide an eastbound right turn lane and arterial level, street lighting on Pine Ridge Road at the project entrance. :',.~ D.' The developer shall provide a fair share .... : contribution toward the capital cost of a traffic ': signal at the project entrance when deemed warranted by the County. E. The developer shall provide 25 feet of road right-of-way along the south side of Pine Ridge Road, in addition to that.roquir%d fur tho turn lane in Commitmcnt C above, and shall receive road impact fee credits to the extent provided in Ordinance 85-55, as amended. F. Road impact fees shall be as se= forth in Ordinance 85-55, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. G. Agcess improvements, other than those enumerated ,i:- in Commitment E, shall not be subject to impact ~.~: fee credits and shall be in place before any >: certificates of occupancy are issued. · :-: H. All traffic control devices used shall conform with the Manual on Uniform Traffic Control Devices as required by Chapter 316.0747, Florida Statutes. I. The Petitioner shall provide a certificate of Adequate Public Facilities at the time of any Final Development Order. J. When the 525th. residential unit is permitted, the developer shall make provi~ions for an interconnection with the adjacent property to the west, said interconnection shall physically be operational upon availability of a continuous Right-Of-Way from the Carillon PUD. K. Prior to the recordation of any Final Plat, the petitioner shall dedicate to the County the minimum right-of-way easement necessary for the Livingston Road Extension road right-of-way, or provide the County with written assurances, acceptable to the County Attorney, that the land required for the Livingston Road right-of-way shall be made available to the County when so requested. 7.10 WATER MANAGEMENT: A. Detailed paving, grading and site drainage plans shall be submitted to 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 Project Review Services. 7-6 ~ B. A Development/Commercial Excavation Permit will be required for the proposed lake(s) in accordance with Division 3.5 of Collier County's Land Davelopment Code and SFWMD rules. C. Fill material from lakes is planned to be utilized within the project. However, excess fill material, up to 10% of the total or a maximum of 20,000 cubic yards may be removed and utilized off-site subject to the requirement~ of Division 3.5 of the Land Development Code. Removal of material in excess of 10% of the total, or a maximum of 20,000 cubic yards must meet the requirements of a commercial excavation per Division 3.5 of the Land Development Code. D. Landscaping shall not be placed within the water management areas unless specifically approved by Project Review Services. The proposed off-site ditch accepting discharge from the site shall be dedicated as a drainage easement prior to construction plans approval. Also, documentation shall include a permit from South Florida Water Management allowing discharge to the 1-75/D-2 canal prior to construction plans approval. F. Prior to construction plans approval, petitioner shall provide an analysis on the adequacy of the proposed down stream ditch off-site. G. The lakes and wetland locations shall meet the minimum 200 feet separation criteria of the South Florida Water Management District ~SFWMD) rules unless the SFWMD approves any separation less than 200 feet, and written confirmation to that effect is provided to Project Review Services. 7.11 ENVIRONMENTAL: A. If during the course of site clearing, excavation, or other construction activities, an archaeological or historical site, artifact, or other indicator is discovered, all development at the location shall be immediately stopped and Project Review Services notified. Development will be suspended for a sufficient length of time to enable Project Review Services, or a designated c~nsultant to assess the find and determine the proper course of action in regard to its salvageability. Project Review Services will respond to any such notification in a timely and efficient manner so as to provide only a minimal interruption to any construction activity. 7-7 '/~'i B. A twenty-five (25') foot wetland buffer (minimum ! fifteen (15') feet, averaging twenty-five (25') feet), shall be provided around both isolated wetlands. C. A cons~rvation easement shall be placed over the two jurisdictional wetlands including buffers, prior to final plat approval, with protective covenants as in, or similar to Section 704.06, Florida Statutes. These easements shall be platted. D. The peti~ipner shall contact the appropriate staff me,er of the Pollution Control Department, for recommendations and or required actions regarding the hazardous, waste assessment done by .~a~'=E~gineering. Any required action shall be addressed prior to final plat approval. (Staff Qill provide a copy of the environmental assessment to the Pollution Control Department.} 7.12 ACCESSORY STRUCTURES: · Accessory structures may be constructed simultaneously with, or following the construction of the principal structure. 7.13 SIGNS] Ail signage shall be in accordance with Division 2.5 of the County's Land Development Code in effect at the · time of Site Development Plan approval, with the following exceptions: A. Two (2) ground, wall or gate project identification signs may be located at each entrance to the development subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain promotional or sales material. 2) Any project identification sign(s} shall not exceed one hundred (100) square feet, excluding mounting surface(s} or structure(s}. Where signage is affixed or an integral part of a wall or fence, the face of sign(s} may protrude above the upper edge of the wall or fence but remains subject to height restridtions. 7-8 ,~V 3) No project identification sign(s) shall e×ceed a height of eight (8') feet above the finished ground level of the entire parcel. 4) Project identification signs may be l~gbted, provided all lights are shielded in a manner which prevents direct glare into the vision cf motorists driving on adJacont roadways, !~ or into adjacent residences. B. One (1) ground or wall sign may be located along each of the Pine Ridge Road and future Livingston Road frontages for the purpose of promoting the development' orany major use within the development, subject to the following r?quirem~nts: · ~) 'Any Promotional sign(s) Shall not exceed one ..... hundred (100) square feet, excluding mounting surface(s) or structure(s). 2) No promotional sign(s) shall exceed a height of ten (10') feet above the average ground level of the site. 3)' Promotional signs may be lighted, provided all lights are shielded in a manner which ~' prevents direct glare into the vision of motorists driving on adjacent roadways, or into adjacent residences. C. Residential directional or identification signs, ,. no greater than six (6) square feet in size, and "' located internal to the development shall be permitted. Such signs shall onl~ be used to :!t identify the location, or direction of approved uses such as models or model centers, sales ~. offices, information centers, recreation centers, ~. or the individual components of the development. ~ Directional or identification signs maintaining a common architectural theme, may be combined into single sign(s) not to exceed eight (8') feet in ~ height, and thirty-six (36) square feet in area. D. Two (2) ground, wall or gate internal project identification signs may be located at each internal entrance to a multi-family or single- family development area subject to the following requirements: 1) Such signs shall contain only the name of the development, the insignia or motto of the development and shall not contain ~i'..' promotional or sales material. 7-9 ~,/' 2) Any internal project identification eign(e) % shall not exceed one hundred (100) square fee~, excluding mounting surface(n) or structure(s). Where signage is affixed or ~ an integral part of a wall or fence, the ~:' face of eign(e} may protrude above the upper 'I.', edge of the wall or fence but remains ~i~.. subject to heigh~ res&fiction,. ~,~/ 3) No internal project ident~fication sign(s) shall exceed a height of eight (8') feet ~bove the average ground level of the site. 4) Internal project identification signs may be ; lighted, provided all lights are shielded in -?~ a manner which prevente direct glare into the vision of motoriste driving on adjacent roadways, or into adjacent residences. 7.14 POLLING PLACES: ~.. Pursuant to Section 2.6.30 of the County's Land :'~ Development Code provision shall be made for the ,~r- future use of building space within common areas for the purposes of accommodating the function of an ;~ electoral polling place. An agreement recorded in the official recorde 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 proyide for said · . community recreation/public building/public room or similar common facility to be used for a polling place if determined to be necessary by the Supervisor of Elections. KENSINCTON PARK P.U.D, MASTER PLAN ~'~ KENSINGTON PARK P,U.D, TRACT MAP '. '~ ' J- : ~i"C~ :' :~.'::. ~: ' ' T~ *CR* STATE OF FLORIDA COUNTY OF COLLIER I, JAMES C. GILES, Clerk of Courts tn and fo= Twentieth Judicial C~rcuit, Collier County, Florida0 do "~W~e~¥ certify that the foregoing is a true copy of: 'o~di~nce No. 92-25 which was adopted by the Board of County Commiesione=s on the 28th day of April, ~g920 durin~ Regular Session. WITNESS my hand and the official aeal of ~he ~oard of -'Ooun~y ¢omm~asio~ers of Collier County, F~o=~da, ~.day of May, ~992. Clerk of Courts and . Deputy Clerk "%'./7 :%~ '